Agenda 09-04-07
The City of
Boynton Beach
100 E. Boynton Beach Boulevard. (561) 742-6000
City Commission
AGENDA
SEPTEMBER 4, 2007
Jerry Taylor
Mayor - At Large
Carl McKoy
Commissioner - District IV
z
---~-
DISTRI T I
Ron Weiland
Commissioner - District I
--+
I
)
Jose Rodriguez
Vice Mayor
Mack McCray
Commissioner - District II
____OUJ VH
Kurt Bressner
City Manager
James Cherof
City Attorney
i
i I
II
l~__ ____ __
Janet M. Prainito
City Clerk
www.boynton-beach.org
We're Reinventing City Living for
the Millennium
WELCOME
Thank you for attending the City Commission Meeting
GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which determines the order of
business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or
item of business, which is not listed upon the official agenda, unless a majority of the Commission has first
consented to the presentation for consideration and action.
· Consent Agenda Items: These are items which the Commission does not need to discuss individually
and which are voted on as a group.
· Regular Agenda Items: These are items which the Commission will discuss individually in the order
listed on the agenda.
· Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either
a regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAKING AT COMMISSION MEETINGS:
The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public
Audience, and on any regular agenda item, as hereinafter described.
City Commission meetings are business meetings and, as such, the Commission retains the right to impose
time limits on the discussion on an issue.
· Public Hearings: Any citizen may sDeak on an official agenda item under the section entitled "Public
Hearings."
· Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of
the Commission - Time Limit - Three (3) Minutes
· Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after
a motion has been made and properly seconded, with the exception of Consent Agenda Items that have
not been pulled for separate vote, reports, presentations and first reading of Ordinances - Time Limit -
Three (3) minutes
.
ADDRESSING THE COMMISSION:
When addressing the Commission, please step up to either podium and state, for the record, your name and
address.
DECORUM:
Any person who disputes the meeting while addressing the Commission may be ordered by the presiding
officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or
step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the
presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority
vote of the Commission members present.
Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission
Meeting is in session.
City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach
Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every
month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to
Holidays/Election Day).
S:\CC\WP\CCAGENDA\Cover Template\WELCOME SHEET - REVISED 04-04-07.doc
City of Boynton Beach
REGULAR CITY COMMISSION MEETING
AGENDA
September 4, 2007
6:30 P.M.
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation
C. Pledge of Allegiance to the Flag led by Commissioner Carl McKoy
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
1. First Budget Public Hearing for Fiscal Year 2007/08 Budget
2.
Proposed Resolution No. R07-100
Millage Rate for Fiscal Year 2007/08
Re: Adopting the Proposed
3.
Proposed Resolution No. R07-101
Budget for Fiscal Year 2007/08
Re: Adopting the Tentative
II. OTHER:
A. Informational Items by Members of the City Commission
III. ANNOUNCEMENTS, COMMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. Announcements:
None
B. Community and Special Events:
None
C. Presentations:
1. Proclamations
a. None
1
Agenda
Regular City Commission
Boynton Beach, FL
September 4, 2007
2. Presentation of a Certificate of Appreciation to the City of Boynton Beach
in appreciation for outstanding support of D Company 2-327 of the 101 st
Airborne and selfless service and devotion to the soldiers and their
families.
IV. PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at
the discretion of the Chair, this 3 minute allowance may need to be adjusted
depending on the level of business coming before the City Commission>
v. ADMINISTRATIVE:
A. Appointments
Appointment Length of Term
To Be Made Board Expiration Date
IV McKoy Arts Commissio:l Alt 9 mo term to 12/07 Tabled (2)
IV McKoy Bldg. Bd of Adj & Appeals Reg 33 mo term to 12/09 Tabled (3)
Mayor Taylor Bldg. Bd of Adj & Appeals Alt 9 mo term to 12/07 Tabled (2)
I Weiland Bldg. Bd of Adj & Appeals Alt 9 mo term to 12/07
III Rodriguez Cemetery Board Alt 9 mo term to 12/07 Tabled (3)
Mayor Taylor Code Compliance Board Alt 9 mo term to 12/07 Tabled (3)
I Weiland Code Compliance Board Alt 9 mo term to 12/07 Tabled (3)
I Weiland Community Relations Board Alt 9 mo term to 12/07
II McCray Community Relations Board Alt 9 mo term to 12/07
I Weiland Education & Youth Advisory Board Reg 21 mo term to 12/08 Tabled (3)
II McCray Education & Youth Advisory Board Alt 9 mo term to 12/07 Tabled (3)
III Rodriguez Education & Youth Advisory Board Alt 9 mo term to 12/07 Tabled (3)
IV McKoy Education & Youth Advisory Board Stu 9 mo term to 12/07 Tabled (3)
Mayor Taylor Education & Youth Advisory Board Stu N/V 9 mo term to 12/07 Tabled (3)
II McCray Recreation & Parks Board Alt 9 mo term to 12/07 Tabled (3)
Mayor Taylor Veterans Advisory Commission Alt 9 mo term to 12/07 Tabled (3)
I Weiland Veterans Advisory Commission Reg 33 mo term to 12/09 Tabled (3)
II McCray Veterans Advisory Commission Alt 9 mo term to 12/07 Tabled (3)
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.
2
Agenda
Regular City Commission
Boynton Beach, FL
September 4, 2007
A. Minutes
1. Regular City Commission - August 21, 2007
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2006-2007 Adopted Budget.
1. Authorizing the restoration of two sections of 8" sewer mains on
Quantum Boulevard by utilizing the Polk County Board of County
Commissioners' Bid No. 06-133 which was awarded to Killebrew, Inc. of
Lakeland, Florida. The anticipated cost for this repair is $218,314.68.
C. Resolutions
1. Proposed Resolution No. R07-102 Re: Authorizing
the City Manager and City Clerk to execute an agreement between the
City and Tuscany Bay Homeowners' Association, Inc. to share the
purchase cost and use of an emergency diesel-powered pump at a City
Lift Station #927
2. Proposed Resolution No. R07-103 Re: Authorizing
and directing the City Manager and City Clerk to execute a First
Amendment to the Interlocal agreement with Palm Beach County for the
purchase and sale of bul'< potable water
D. Authorize the Financial Services Department to reduce the Allowance for
Uncollectible Accounts by $34,918.02 in the Sanitation Fund and by $24,011.03
in the General Fund.
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.
3
Agenda
Regular City Commission
Boynton Beach, FL
September 4, 2007
A.
Project:
Agent:
Owner:
Location:
Description:
B.
Project:
Agent:
Owners:
Location:
Description:
HARBOR CAY (SPTE 07-006)
Sid E. von Rospeunt, Managing Member for Harbor Cay, LLC
Harbor Cay, LLC
East side Federal Highway; approximately 160 feet north of
Gateway Boulevard.
Request for a one (1) year site plan time extension for Harbor Cay
(NWSP 06-011) approved on May 2, 2006, from May 2, 2007 to
May 2, 2008. (Tabled to August 21, 2007)
Casa del Mar (SPTE 07-009)
Bonnie Miskel, Esq. of Siegel, Lipman, Dunay, Shepard and Miskel
LLP
Ocean Boulevard Properties, LLD
2632 North Federal Highway, east of US #1, north of Dimick Road
Request for a one (1) year site plan time extension for the Casa
del Mar project, consisting of 42 fee-simple townhouse units and
40 multi-family (condominium) dwelling units on 4.11 acres zoned
Infill Planned Unit Development (IPUD)
IX. CITY MANAGER'S REPORT:
A. Approve Capital Improvement Plan for FY 2007/08
X. FUTURE AGENDA ITEMS:
A. Discussion of Resolution No. 03-164 (Tabled on 08/07/07)
B. Discussion of disposition of Old High School (Tabled on 08/21/07)
XI. NEW BUSINESS:
None
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBLIC HEARING
1. Proposed Ordinance No. 07-022 Re: Amending Section 18-
135 of the Code of Ordinances, entitled "Board of Trustees" of the
General Employees Pension Plan.
2. Proposed Ordinance No. 07-023 Re: Amending sections
26-9 and 26-34 of the City's Code governing rates for potable water,
wastewater and capital facilities charges.
4
Agenda
Regular City Commission
Boynton Beach, FL
September 4, 2007
B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING
None
C. Ordinances - 1st Reading
1. Proposed Ordinance No. 07-024 Re: Amending the Land
Development Regulations, Chapter 2. Zoning, by the addition of a new
section with provisions and regulations for mobile vendors including
definitions, location restrictions, review and approval procedures and
requirements, and operational rules.
2. Proposed Ordinance No. 07-025 Re: Amending the Land
Development Regulations, Part III. Chapter 2. Zoning, Section 4.B, by the
addition of provisions and regulations for "Open-air pavilions" that will
include pavilions, gazehos and tiki/chickee huts, and corresponding
setbacks and size criteria
3. Proposed Ordinance No. 07-026 Re: Amending Article 1 of
Chapter 2, Section 2-13.2 relating to the Community Redevelopment
Agency (CRA) to provide that the City Commission shall be the governing
body of the CRA and the Mayor and Vice Mayor the CRA Chairperson and
Vice-Chairperson
D. Resolutions:
None
E. Other:
None
XIII. UNFINISHED BUSINESS:
A. Motion to Reconsider the recp.ipt of revIsions to the Recreation & Parks
Department Revenue Policy Manual regarding fees and charges and accounting
for all revenue and provide an effective date of October 1, 2007 (TABLED ON
08/21/07)
B. Discussion regarding Code of Conduct/Ethics
5
Agenda
Regular City Commission
Boynton Beach, FL
September 4, 2007
XIV. ADJOURNMENT:
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
(F.S. 286.0105)
rHE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN
EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE
CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE
CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
AGENDA - 8/31/2007 4 P.M.
s: \ CC\ WP\ CCAGENDA \AGENDAS\ YEAR 2007\ 090407 .DOC
6
I-OPENINGS
ITEM .'.
CITY OF
BOYNTON BEA(;D
2 0:0,7/2 OJ 0.' 8
PROPOSE.D BUDGET
1 st Public Hearing
September 4, 2007
The City of Boynton Beach
OFFICE OF THE CITY i\iA,NAGER
100 E. Boynton Beach Bouleuard
Fo. Box 31
BoyrHoll Beach, Flonda 33425-031
Crty I\fallageTs OffIce (561) 742-601
FAX: (561) 742-6011
e-mail: crty iHallagerri]o. bOYlltoll-beaciLfl us
UJLLn.u. C1. boyntoll-beach.,n. us
To
From:
Date:
Subject:
City CommIssion
Kurt Bressner, City Manager
July 5, 2007
Presentation of City Operating Budget for Fiscal 2007-08 and Financial Operating
Plan for Fiscal 2008-2012
I am pleased to transmit the proposed Operating Budget for Fiscal 2007 -08 and a Financial Operating
Plan for Fiscal 2008-2012. The Five-Year Capital Improvement Program will be presented to the
Commission next month.
This year, the City's budget process has been modified by the impact of property tax refonn
legislation approved in special session last month. Because of these recent changes and the
possibility of further changes after a constitutional amendment in January 2008, our future
projections of revenues are tentative at best. This makes planning programs, services and activities
very difficult to manage. Later in this report is more detailed information on the projected impact of
the approved legislation and the January 2008 referendum, if passed.
Exclusive of construction proj ects, the total proposed operating budget of the City for 2007 -08 is
increased by 1.5% over the current fiscal year budget. Given payroll and benefit obligations in the
range of 1 0% (larger due to pension cost increases), supply cost increases averaging 5% and contract
services price increases averaging 5%, this is a moderate budget. As discussed in each fund budget
below, the proposed budget also includes a net reduction of 21.14 positions city \vide.
~
GENERAL FUND
Special Events
City Clerk
Financial Services
Org. Development
City Attorney
CITY OF BOYNTON BEACH
PERSONNEL ADDITIONS/DELETIONS
2007/08 BUDGET
Position
ReQuested
No. Amount
P rooosed
No. Amount
Status
Public Affairs Speciailst \/a::2:1t ::100i 146.631) 1 00 46.63~
Office Assista nt Fillec -5 .2::768.
Accounting Technician '.Ja:ant ,'050: .2::.-56,
Director. Org Development 'y'a:anl (1 001 (84.830) ',00. '84.830
Admlnis IratlveAssoclate Fi!ied (050'1 (16.945) 10.50) '6.945
ReQuested P rooosed
~ Position Status No. Amount No, ~
GENERAL FUND (Cont/nued)
Police Police Officers Vacant (300) (161.256)
Police Record Technician Vacant (100) (38,902)
Fire Administrative Associate New 100 42.199 100 42.199
Firefighters Vacant (500) (452,155)
Building Building Field Inspector Vacant (100) (59.327)
Planning & Zoning Senior Planner Vacant (100) (66.507)
Engineering Engineer Vacant (1.00) (74.697)
Plan Review Analyst ") Filled (100) 0 (100) 0
Recreation Aquatics Supervisor (Pool) New 1.00 46.359 1.00 46.359
Lifeguard. Sr, (Pool) New 0.30 11,083 0.30 11,083
Lifeguards (Pool) New 2.40 77,960 2.40 77,960
Recreation Leader (Pool) New 0,84 21,046 0.84 21,046
Recreation Leader Vacant (1.00) (31,434) (100) (31,434)
Recreation Specialist Vacant 1.00 34.073 1.00 34,073
Tennis Professional Filled (1,00) (75.965 )
Recreation Manager Filled (100) (80.336)
Net Additions/Deletions .. General Fund 2,04 52,880 (13.21) (997.789)
UTILITIES FUND
Public Water Treatment Painter Vacant (1.00) (36,776) (1,00) (36.776)
Utilities Administration Plan Review Analyst ,') Filied 0,00 (67,633) 000 (67,633 )
Stormwater Maintenance Ass!. Supervisor. Stormwater Vacant (1.00) (57,562) (1.00) (57.562)
Net Additions/Deletions .. Utilities Fund (2,00) (161.971) (2,00) (161,971)
MASS TRANSIT FUND
Mass Transit Supervisor, Transportation Services Filled (1.00) (63,253)
Bus Drivers Filled (3.48) (1,23) (38,568) (4,93) (175.271 )
Vacant (145)
Net Additions/Deletions .. Mass Transit Fund (1.23) (38,568) (5,93) (238.524 )
NET ADDITIONS/DELETIONS .. ALL FUNDS (119) (147,659) (21.14) (1,398,284 )
(-,. Position authorized in General Fund (Engineering)
As noted above, of the 21.14 positions, 3 part-time and 7 full-time current employees would be cut.
All the other cuts are vacant positions. Arrangements will be made to seek alternative employment
at the City, if feasible or outplacement assistance.
The proposed budget calls for a property tax rate decrease from 7.14 mills, inclusive of debt service,
to 6.4803, inclusive of debt service. The proposed budget reflects the statutory roll-back rate of
6.4553 mills, which is the 2006-07 roll-back rate (6.9412) less the mandated 7% reduction for
compounded annual growth. Commission may adopt the 2006-07 roll-back rate of 6.9412 by a
2/3rds vote or retain the current 2006-07 millage rate of 7.10 by a unanimous vote.
2006.07
FINAL RATE
2007-08
PROPOSED
General Fund (Operating Millage)
Debt Service Fund (Voted Debt Service)
Total Millage
% Reduction
7.1000
0.0400
L.llQQ
6.4553
0.0250
~
9.03%
ii
A___~"":__'_ '-'_.t.___ ___,4._ ..:.1_ _. ~_ 1L'_"'-H__"__
The proposed budget does call for water and sewer rate increases as recommended to the
Commission in May 2007. The exact structure of the rates is being refined and will be presented to
the Citv Commission on Julv 17. 2007. In addition. the City's Solid Waste (Sanitation) Fund
-' ~.. .' .'.,1
includes a $.50 increase in both the single family rate and the multi-family rate, increasing those rates
for 2007-08 to $12.00 and $9.00, respectively. This is the second year ofa three-year rate increase
adopted by the Cay CommlsslOn on September 9.2006 as part of City Ordinance 1\0, U6-0r
Dwelling 2005/06 2006/07 2007/08 2008/09
Single Familv Rates 10.50 11,50 12.00 12,50
Multi-Family Rates 7.50 8,50 9.00 9,50
The Budget Portion ofthis document is the statutory spending plan that the City Commission must
approve following review and revision, as appropriate. The Financial Plan portion of the document
is an advisory financial snapshot into the future designed to give the Commission and staff a longer-
range perspective and to assist in fiscal and program planning.
General Fund Budget
The General Fund is the major operations fund of the City including Police, Fire and Public Works
functions. Pursuant to Commission policy of retaining 10% of General Fund operating expenditures
as a reserve, the 2007-08 proposed budget as presented has a deficit of S 1,176,304. The General
Fund is projected to end this fiscal year with estimated revenues above budgeted totals by
approximately $500,000. The estimated expenditures for the 2006-07 fiscal year are projected to be
$1,400,000 under the budgeted amounts. A supplemental report has been prepared to address final
balancing recommendations for the General Fund.
The beginning 2007-08 fund balance in the General Fund will remain above the City's financial
reserve policy of 10% of operating expenses. This amount is projected to be $7,539,067. This is in
addition to an unreserved or un-obligated balance of$17,513,170 for a total of$25,052,777. This
reflects almost 4 months of expenditures at 2007-08 cost levels.
GENERAL FUND
2005-06 2006-07 2006-07 2007-08
Actual Budget Estimated Budget
Totai Fund Balance, October 1 S 21.039,554 $ 25,627,244 $ 25,627.244 $ 25.052,777
Revenues S 63.731,138 S 72,340,414 $ 72,848,987 S 74,219,770
Expenditures S (59,143,448) $ (74,840,414) $ (73,423,454) S (75.396,074)
Fund Balance Appropriated (Reserved) S 2,500,000
Revenues Over)Under Expenditures $ 4.587,690 $ - $ (574,467) $ (1176,304)
Total Fund Balance, September 30 $ 25,627244 $ 23,127,244 $ 25,052,777 S 23,876,473
Reserved Fund Balance (10% of Expenditures) $ (7,307,241 ) $ (7,484,041) $ (7,539,607) $ (7.539,607)
IJnreserved Fund Balance $ 18,320.003 $ 15,643,203 $ 17,513,170 $ 16.336,866
# of month operating 3.80
This year the assessed value of the City has increased $588,846,824 or 10.62% primarily due to
new construction, which totaled $329,332,390. This is based on the revised data received from
the Palm Beach County Property Appraiser on July 1, 2007. Last year the increase was 32.50%.
Fiscal
Year
2007/08
2006/07
2005/06
2004/05
2003/04
2002/03
2001/02
2000/01
1999/00
1998/99
1997/98
CITY OF BOYNTON BEACH
Gross Taxable Values
Preliminary
6,134,767,687
5,597,854.355
4,235,123,363
3,617,231,257
3,235,600,878
2,901,352,510
2,728,670,323
2,558,831,045
2,4 74,885,724
2,338,011,460
2,239,259,220
Final
5,545,920,863
4,224,788,391
3,624,802,463
3,232,006,782
2,896,293,585
2,735,580,400
2,544,999,347
2,450,623,128
2,347,168,739
2,245,940,786
$ Increase
588,846,824
1,373,065,964
610,320,900
392,795,681
335,713,197
160,713,185
190,581,053
94,376,219
103,454,389
101,227,953
% Increase
10.62%
32.50%
16.84%
12.15%
11.59%
5.87%
7.49%
3.85%
4.41%
4.51%
Property within the established boundaries of the CRA is included in the above total and has an
assessed taxable value of$999,469,896 for 2007-08, an increase of 18.90%.
Fiscal
Year
2007/08
2006/07
2005/06
2004/05
2003/04
2002/03
2001/02
2000/01
1999/00
1998/99
1997/98
CRA Portion
999,469,896
840,631,478
536,930,268
339,615,465
220,845,156
115,738,078
80,499,562
25,929,184
22,160,594
18,642,631
15,951,778
$ Increase
158,838,418
303,701,210
197,314,803
118,770,309
105,107,078
35,238,516
54,570,378
3,768,590
3,517,963
2,690,853
% Increase
18.90%
56.56%
58.10%
53.78%
90.81%
43.77%
210.46%
17.01%
18.87%
16.87%
Taking into account the City outside the eRA area, the growth of the City's assessed taxable
value for 2007-08 is 7.95%.
Fiscal
Year
2007/08
2006/07
2005/06
2004/05
2003/04
2002/03
2001/02
2000/01
1999/00
1 998/99
1997/98
City Portion
5,135,297,791
4,757,222,877
3,687,858,123
3,285,186,998
3,011,161,626
2,780,555,507
2,655,080,838
2,519,070,163
2,428,462,534
2,328,526,108
2,229.989,008
$ Increase
378,074,914
1,069,364,754
402,671,125
274,025,372
230,606,119
125,474,669
136,010,675
90,607,629
99,936,426
98,537,100
% Increase
7.95%
29.00%
12.26%
9.10%
8.29%
4.73%
5.40%
3.73%
4.29%
4.42%
City Portion as
a % of Total
Assessed Value
83.71%
84.98%
87.29%
90.63%
93.17%
96.00%
97.06%
98.98%
99.10%
99.21 %
99.29%
lV
fr. is mterestll1g to note that the overall percentage of assessed value of the City compared \vith the
CR/\ IS g01l1g down eac11 year. ThIs means that the grO\vth in new constnIction in the CR.^. area IS
faster and is outstripping development in other areas. However, with the emergence of the Congress
A venue Corridor, the growth of assessed value outside the CRA area is expected to be strong for the
next four years,
Looking to next fiscal year, the General Fund is projected to receive $74.2M in revenues. This is a
S 1.9M or 2.6% increase over Fiscal 2006-07. On the cxpenditure side, the proposed 2007-08 budget
totals $75.4M, an increase of $.6M or .70%.
The budget for the General Fund as originally proposed by departments showed a projected deficlt of
$3.54M over revenues. In reviewing the budget, staffwas able to find $2.36M from a targeted cut of
$2.0 M. This affected a number of new personnel requests, adjusted operating programs. cut capital
outlay and deferred several expenses. However, in reviewing these recommendations, I had several
concerns with several cuts that I felt would have an adverse impact on essential service levels.
Therefore, I recommend restoring some of the police and fire cuts but found other areas of
adjustments and revenue to bring the General Fund budget to a situation where there the fund is in a
positive fund balance position. This is covered in a separate report.
On the revenue side for the General Fund, several comments are in order concerning some revenue
sources. On the negative side, property tax reform has resulted in no increase in property tax
revenues over 2006-07. In addition, building and construction related revenues are expected to be
weak next fiscal year. The revenue base for building permits will go down from the estimate of
$5.68M to 55.24M. This is because of an anticipated continued slowdown in construction activity
next fiscal year. Historically, the City has received the following in building permit revenues:
2002-03
2003-04
2004-05
2005-06
2006-07 est.
$1.66M
55.02M
S6.73M
S7.35M
55.68M
Based on our projections, franchise fees will increase by 5800,000 over 2006-07 budgeted amounts
while public service taxes will remain relatively flat at the same revenue base essentially from 2006-
07. The same is for state shared revenues. The revenue base for these sources has remained very
close to 2005-06 levels. The change in the property tax regulations has exacerbated the revenue
picture for the City. Given the restricted revenue sources, transfers to the General Fund v,;ere
increased by $1.275.000: $500,000 from the Utilities Fund, the transfer from Solid Waste of
$550,000 has been restored, and the transfer from the Local Option Gas Tax has been increased
$225,000 based on the recommendation to eliminate the Transportation Fund (Shopper Hopper).
On the expense side several comments are in order for the proposed budget.
Salaries and benefits for 2007-08 are proposed to be S51.01M, an increase of$3.0M or 6.16% over
the 2006-07 budget. This includes a net reduction in staff of 13 .21 positions at a cost of $1 M.
Salary projections include the third year of the salary and pay plan, inclusive of performance pay, as
well as all existing collective bargaining units and are listed below:
% INCREASE
10/1/2007 411/2008
Market Performance Net
SALARIES
Blue Collar
White Collar
Regular
Part-time
Fire Union
Police Union
Admin, (Contract)
5,00% *
500% *
5.00% *
5.00% *
4,62%
3.00%
5,00% *
3,00%
3.00%
3,00%
0.00%
5.00%
5,00%
3,00%
6.50% Contract Expires 09/30/07
6,50% Contract Expires 09/30/08
6,50%
5.00%
7.12% Contract Expires 09/30/08
5.50% Contract Expires 09/30/07
6.50%
*5% Increase Recommended by MGT Study; last year of three plan
In addition, benefit costs for health insurance have been budgeted at a 9% increase and pension costs
in the General Fund, including all three pension funds, have increased over $800,000. It is important
to note that 67.7% of the General Fund proposed budget of $ 75.4M is for personnel related costs.
The Community Investment Program has been reduced in the budget to $50,000 or $10,000 for each
member of the City Commission. This was one of many incremental cuts made in discretionary
expense areas. In addition, the Special Events budget has been reduced by $190,000 with the
recommendation that the CRA assume full responsibility for all costs associated with any special
events.
The summary of the expenditures are as follows:
Salaries & Benefits
Operating Expenses
Capital Outlay
Nonoperating Expenses*
2006-07
Budget
$ 48,048,522
$ 12,593,230
$ 1,290,792
$ 12,907,870
$ 74,840,414
2007 -08
Budget
$ 51,011,443
$ 13,181,394
$ 1,200,352
$ 10,002,885
$ 75,396,074
*Transfer to CRA (TIF Payment) $ 5,797,605
$ 6,129,284
Attached as Exhibit A is a cost-saving and program initiatives report by stafffor possible changes in
2007-08. This report was prepared as part of the 2007 program inventory that identified 684
program activities. Each of these programs was classified into one of four categories:
vi
CATEGORIES:
ES:
Essential Services
Functions that address the safety, survival and
health of the citizens/employees and is
essential to the department's purpose.
SS~
Social Service
Functions that address the social welfare of the
citizens/employees and serves the
department's purpose.
OS:
Discretionary Service
Functions that contribute to the well-being,
convenience, and quality of life of the
citizen/employee and services the department's
purpose.
PE:
Program Enhancements
Functions that enhance the department,
division, or City's primary purpose and services.
Then each of the programs was ranked as to their basis, purpose and value as follows:
RANK the program/project using the following criteria:
10 Mandated by law
8 Necessary to meet the department's essential purpose
6 Essential to support other service(s) or functions in the City - (explain)
4 Contributes> 50% value to the department's purpose
2 Has limited Value i.e. contributes 20%-49% value to the department's
purpose
Note: The numbers 1,3,5,7, and 9 are left undefined to allow for gradations.
Third each program then was reviewed as to possible status and or disposition:
Review Codes
1 Retain in current state
2, Reduce cost
3. Increase revenue
4. Outsource internal
5. Outsource external
6, Improve process/service
7, Privatize
8, Sell
9 Terminate
A copy of this review sheet is attached as Exhibit B.
.'..L _
Based on the above, I went through all the programs and identified possible program adjustments
that could result in cost savings in each of the program types (Essential, Discretionary and Social
Service). These are attached as Exhibits C, D and E. Most of the program modification
recommendations were derived from the Discretionary programs.
A recap of the program cuts is as follows: (Note ~ these are not necessary as part of the budget)
4,641,226.00
105,388.00
2,062,367.00
18,947.00
These program adjustments or similar additional cuts will be needed if the "Super Exemption"
referendum passes or if the state legislature continues to modify property tax legislation without
replacement revenues. This will result in a deterioration of City services.
Pension Fund Contribution Impact
In 2006-07 the City hired a pension consultant to help review the short and long-term impacts of
pension costs. This is necessary because the cost of pension contributions continues to climb based
on the factors of, retirements, pay raises, larger staff and investment earnings. These mandatory
costs are for the entire City, though 100% of the Fire and Police Pension Funds are borne by the
General Fund and approximately 56% of the General Employee Pension Fund is borne by the
General Fund.
CITY OF BOYNTON BEACH
PENSION CONTRIBUTION
2007/08 BUDGET
2007/08 2006/07
Pension Pension INCREASE
Pension Plan Contribution Contribution $ Amount %
General Employees $ 3.584,452 $ 2,805,595 $ 778,857 27,76%
% of Covered Payroll 14.37% 12.91%
Police $ 2,565,460 $ 2,464,251 $ 101,209 4.11%
% of Covered Payroll 2758% 31.45%
Fire $ 2,074.830 $ 1,750,025 $ 324.805 18.56%
C/o of Covered Payroll 25.45% 25.87%
TOTAL $ 8,224.742 $ 7.019.871 $ 1.204,871 17.16%
DISTRIBUTION 2007/08 2006/07 $ DIFF
GENERAL $ 6,392,828 $ 5.568.810 $ 824.018
WATER & SEWER 953.221 756.460 196.761
GOLF COURSE 134,902 99,351 35,551
SOliD WASTE 324,841 231.722 93,119
PUBliC ART 440 440
FIRE ASSESSMENT 253.100 214.130 38,970
MASS TRANSIT 14,171 (14,171)
FLEET MAINTENANCE 71,028 57.329 13,699
WAREHOUSE 24,873 24,331 542
COMMIMPROVES 35.281 26.766 8.515
RISK MANAGEMENT 22,233 17.205 5,028
CEMETERY 11.995 9,596 2.399
$ 8,224,742 $ 7,019,871 $ 1.204,871
viii
The follo\ving is a table showing historic and projected pension fund contributions by the City.
Those vears where the contributions are low relate to good investment years. Each of the three funds
uses Cl "smoothl11g" methodology to average out the peaks and valleys in l11vestment performance
Regretfully, the stock and market perforn1ance for all funds has been elTatic since 2001. Investment
earnings have improved considerably in 2006-07, The Trustees of all three Pension Funds are aware
of the City Commission's concerns and have indicated a willingness to help \\ith the analysis of
future pension costs to the City and participants. Their main interest is to not diminish the value of
the pension plan as a tool for employee retention and recruitment.
CITY OF BOYNTON BEACH
RETIREMENT CONTRIBUTIONS BY PLAN
FISCAL YEARS 1999/00 - 2011/2012
General Fireflghers Police Officers % Increase/
Employees Pension Pension Total decrease
1998/1999 $ 1,069,863 $ 349,375 $ 451,378 $ 1,870,616
1999/2000 $ 952,994 $ 245,957 $ 426,129 $ 1,625,080 -14%
2000/2001 $ 686,733 $ 80,559 $ 312,072 $ 1,079,364 -34%
2001/2002 $ 595,970 $ 361,877 $ 379,059 $ 1,336,906 24%
2002/2003 $ 1,039,900 $ 922,724 $ 1,561,703 $ 3,524,327 164%
2003/2004 $ 1,542,574 $ 896,400 $ 1,504,730 $ 3,943,704 12%
2004/2005 $ 2,243,356 $ 1,155,699 $ 1,878,514 $ 5,277,569 34%
2005/2006 $ 2,851,454 $ 1,439,048 $ 2,106,022 $ 6,396,524 21%
2006/2007 $ 2,805,595 $ 1,750,025 $ 2,464,251 $ 7,019,871 10%
2007/2008 $ 3,584,452 $ 2,074,830 $ 2,565,460 $ 8,224,742 17%
2008/2009 $ 3,871,208 $ 2,240,816 $ 2,770,697 $ 8,882,721 8%
2009/2010 $ 4,180,905 $ 2,420,082 $ 2,992,353 $ 9,593,339 8%
2010/2011 $ 4,515,377 $ 2,613,688 $ 3,231,741 $ 10,360,806 8%
2010/2011 $ 4,876,607 $ 2,822,783 $ 3,490,280 $ 11,189,671 8%
However, in 2008 and beyond, the City Commission may be faced with addressing the level of
benefits in the three pension plans and shift away from a defined benefit plan to a defined
contribution plan, at least for new hires. In addition, continued 100% coverage of pension shortfall
by the City may no longer be possible. This may require a fluctuation in the employee pension
contributions based on pension plan experience.
General Fund Wrap-up
Overall, the General Fund expenditures are projected to be .74% higher than the current fiscal year
budget. This is inclusive of the above-mentioned pension and staff expenses. A breakdovm of
expenditure increases are as follows:
Salaries & Benefits
Operating Expenses
Capital Outlay
CRA Transfer
Nonoperating Expenses.
2007 -08
Budget
$ 2,962,921
$ 588,164
$ (90,440)
$ 331,679
$ (3,236,664)
$ 555,660
%
Increase
6,17%
4.67%
-7,01%
5,72%
-45,52%
0.74%
2006-07 Transfer to CIP - $2,500,000
lX
Water and Sewer Utility Fund
The Water and Sewer Fund is the largest enterprise fund for the City and includes operation of our
water, sanitary sewer and storm water systems for over 110,000 people. The revenues and
expenditures for the operating portion of this fund are at $33.3M. Revenues are projected to increase
by 10% over 2006-07 budgeted totals as a result of the proposed rate increase to users for water and
sewer services. Expenditures will increase by 10% as well primarily due to increases in salary and
benefits for existing employee, the addition of a $1,000,000 transfer to the Utility CIP for future
renewal and replacement costs, and the $500,000 increase in the administrative transfer to the
General Fund. The proposed 2007-08 budget also includes the elimination of three full-time
positions at a savings of $161 ,971.
Unrestricted Retained Earnings, October 1
UTILITIES FUND
2005-06 2006-07 2006-07 2007 -08
Actual Budget Estimated Budget
$ 9,265,231 $ 10,131,340 $ 10,131,340 $ 9,863,214
$ 29,107,261 $ 30,394,018 $ 28,723,260 $ 33,312,815
$ (28,241,152) $ (30,394,018) $ (28,991,386) $ (33,312,815)
$ 866,109 $ $ (268,126) $
$ 10,131,340 $ 10,131,340 $ 9,863,214 $ 9,863,214
Revenues
Expenditures
Fund Balance Appropriated (Reserved)
Revenues Over/Under Expenditures
Unrestricted Retained Earnings, September 30
Golf Course Fund
The Golf Course Fund is also an enterprise fund responsible for the operation of the Boynton Links
Golf Course on Jog Road. The proposed 2007-08 revenues are projected to increase 8.5% as a result
of proposed increases in player fees. For the daily fee player, the rate for the Championship Course
greens fee, cart, and tax for 18 holes will be $55 per person during high season (lan-Mar), $45
during the winter shoulder months (Nov, Dee, Apr) and $30 during the summer months (May-Oct).
These prices will focus on the occasional golfer and visitors and they reflect a $4 increase during the
winter season and a $3 increase during the summer season. The Links will again offer an afternoon
discount rate to fill vacant tee times and meet the needs of a larger variety of economic backgrounds.
For the local patron, the Links will again offer the popular Links Club Card for $50 + tax. This card
is designed to reward loyal customers by giving them a $10 discount in the winter season and a $5
discount in the summer season on the above-mentioned prices. These prices will reflect a minimal $1
increase for the Links Club Card holder compared to the rates they are currently paying.
The proposed 2007-08 budgeted expenditures will increase by 8.4% due to increases in salaries and
benefits for existing staff. It is important to note that while budgeted expenditures exceed revenues
by $42,000, this deficit will be funded by existing capital reserves in the Golf Course Fund totaling
$377,851 as of September 30,2006. These reserves have been accumulated to pay for future capital
needs including golf carts, maintenance equipment and course improvements.
x
GOLF COURSE FUND
2005-06 2006-07 2006-07 2007-08
Actual Budget Estimated Budget
Total Fund Balance. October 1 S 617.837 S 671.426 S 671.426 S 715.7'31
Revenues S 2.551,089 S 2,699.926 S 2,661.947 S 2,930,522
Expenditures S (2.497,500) $ (2.741,826) S (2617,612) S (2,972,522)
Fund Balance Appropriated (Reserved) $ 41.900 S 42,000
Revenues Over/Under Expenditures S 53.589 $ $ 44,335 S
Total Fund Balance, September 30 $ 671.426 $ 629,526 $ 715,761 S 673,761
Reserved for Capital $ (377,851 ) $ (335.951 ) $ (335,951 ) S (293,951 )
Available Operating Balance $ 293.575 $ 293.575 S 379,810 S 379,810
Solid Waste Fund
The Solid Waste Fund is an enterprise fund for the City's in-house sanitation department that serves
both residential and commercial accounts inside the City. As mentioned previously, the 2007 -08
proposed budget includes a $.50 increase in both single family and multi-family rates, raising them 111
2007-08 to $12.00 and $9.00 respectively.
Presented below is a summary of the revenues and expenses for the fund:
SOLID WASTE FUND
2005-06 2006-07 2006-07 2007-08
Actual Budget Estimated Budget
Total Fund Balance, October 1 $ 1,067,316 $ 1,847,334 $ 1,847,334 $ 2,235,964
Revenues $ 8,611.476 $ 8,395,255 $ 8,790,526 $ 9,069,660
Expenditures $ (7,831,458) (7,936,523) $ (8.401,896) (8,756,085)
Fund Balance Appropriated (Reserved) (458,732) 1313,575)
Revenues OverlUnder Expenditures $ 780,018 $ $ 388,630 $
Total Fund Balance, September 30 $ 1,847,334 $ 2,306,066 $ 2,235,964 $ 2,549,539
Revenues in the Solid Waste Fund are estimated to be $674,405 higher than budgeted mainly due to
the rate increases and additional interest income resulting from an increase in fund balance. Expenses
are proj ected to increase 5819,562 as a result of salary and benefit increase as well as the resumption
ofthe $550,000 transfer to the General Fund that was discontinued in 2005-06 and 2006-07 because
of insufficient revenue and a depleted fund balance. This fund has enjoyed cost efficiencies over the
past three years due to better utilization of equipment and personnel.
Transportation Fund
This enterprise fund is responsible for the operation of the City's bus system, mainly the "Shopper
Hopper" service. This fund substantially is funded by a subsidy of the Local Option Gas Tax. It is
recommended that the program be discontinued and the Local Option Gas Tax revenue totaling
5225,000 be transferred to the General Fund for roadway maintenance activities.
x:.
TRANSPORTATION FUND
2005-06 2006-07 2006-07 2007 -08
Actual Budget Estimated Budget
Total Fund Balance. October 1 $ 83,195 $ 99,644 $ 99,644 $ 128,410
Revenues $ 241,832 $ 257,500 $ 258,000
Expenditures $ (225,383) $ (277,151) $ (229,234 )
Fund Balance Appropriated (Reserved) $ 19,651
Revenues Over/Under Expenditures $ 16,449 $ $ 28.766 $
Total Fund Balance, September 30 $ 99,644 $ 79,993 $ 128,410 $ 128,410
Fleet Maintenance Fund
The Fleet Maintenance Fund is an internal service fund responsible for the maintenance and
replacement of the City's vehicle and equipment fleet. Based on the replacement schedule for any
given year, expenditures may increase or decrease significantly. For 2007-08, expenditures are
proposed to decrease by $1.25M or 17.5%. The fund has a projected 2007-08 ending fund balance of
$4.7M, which has been accumulated to pay for replacement vehicles as they reach the end of their
useful life.
FLEET MAINTENANCE FUND
2005-06 2006-07 2006-07 2007 -08
Actual Budget Estimated Budget
Total Fund Balance, October 1 $ 5,006,539 $ 5,904,066 $ 5,904,066 $ 5,056,465
Revenues $ 5,757,389 $ 5,990,063 $ 6,329,146 $ 5,584,524
Expenditures $ (4,859,862) $ (7,158,972) $ (7,176,747) $ (5,905,035)
Fund Balance Appropriated (Reserved) $ 1,168,909 $ 320,511
Revenues Over/Under Expenditures $ 897,527 $ - $ (847,601) $
Total Fund Balance, September 30 $ 5,904,066 $ 4,735,157 $ 5,056,465 $ 4,735,954
Warehouse Fund
The Warehouse Fund is an internal service fund with operational responsibility for purchase,
delivery and replenishment of common supplies and equipment used by the City. The Warehouse
receives funding from operating departments ofthe City and achieves cost-savings through quantity
purchase and tight inventory control. Four years ago, the Utility Department's commodities were
brought under the management of the Warehouse operations. The projected expenses for the
Warehouse Fund in Fiscal 2007-08 are $291,316, an increase of5.5% over the 2006-07 budget. This
increase is the result of salary and benefit increases for existing staff. The Warehouse operation is a
division of the Financial Services Department.
xii
Revenues
Expenditures
Fund Balance Appropriated (Reserved)
Revenues OverlUnder Expenditures
WAREHOUSE FUND
2005-06 2006-07 2006-07 2007 -08
Actuai Budget Estimated Budget
$ 19.199 S 54.889 S 54.889 S 62.124
$ 281,435 S 276,059 S 277 ,559 S 291.036
S (245,745) S (276.059) S (270324 ) S (296.316)
S 5.280
$ 35.690 $ $ 7.235 S
$ 54,889 $ 54,889 $ 62,124 $ 56.844
Total I=und Balance. October 1
Total Fund Balance. September 30
Self Insurance Fund
The Self Insurance Fund is an internal service fund responsible for administration of the City's
insurance coverage, workers compensation and employee safety programs. The deficit in the Self
Insurance Fund was resolved in the 2004-05 fiscal year through hefty fund balance transfers into the
Self Insurance Fund from other operating funds. The fund is operating as planned and the staff has
instituted excellent safety and loss prevention programs to reduce our exposure. While the City saw
an increase in property insurance premiums of over 320% in 2006-07, the market has appeared to
stabilize and increases are currently proj ected in the 10% range for 2007 -08. The proj ected expenses
for the fund are up by 9% over the prior budget. This is mainly due to expected increases in outside
premiums. Revenues, or internal charges, are up $1.2M or 34%. This is due to the funding shortfall
created in 2006-07 by the huge increase in property insurance which must now be made up by the
various funds within the City in the 2007-08 budget. Below is a summary of the impact:
FUND
General
Water & Sewer
Golf Course
Sanitation
Additional
Funding
Requirement
$ 660,000
$ 431,000
$ 41,000
$ 70,000
$ 1 ,202,000
SELF INSURANCE FUND
Total Fund Balance, October 1
$
2005-06
Actual
1,401,085 $
2006-07
Budget
1,682,130 $
2006-07
Estimated
1,682,130 $
2007 -08
Budget
654.632
Revenues
Expenditures
Fund Baiance Appropriated (Reserved)
Revenues OverlUnder Expenditures
$ 2.387,503 $ 2.324.004 $ 2,305,004 5 3,526,578
$ (2.106,458) $ (3.234,243) $ (3,332,502) S (3,526,578)
$ 910,239
$ 281.045 $ - $ (1,027,498) $
$ 1,682,130 $ 771,891 $ 654,632 $ 654,632
Total Fund Balance, September 30
Xl::':'
Boynton Beach Memorial Fund
The Boynton Beach Memorial Fund is the City's operating fund for two cemeteries in the City. The
City staff manages the two cemeteries operated by the City with policy direction by the Cemetery
Advisory Board. Next fiscal year, the Cemetery Fund expects to take $410,500 in revenues and fees
and spend approximately $355,506 in cemetery operational expenses. This will make about $54,994
available for deposit in the Cemetery Trust Fund. As of October 1,2007, the combined balance of
the Trust Fund is expected to be approximately $4.6M.
CEMETERY FUND
2005-06 2006-07 2006-07 2007 -08
Actual Budget Estimated Budget
Total Fund Balance, October 1 $ 4,310,718 $ 4,488,868 $ 4,488,868 $ 4,640,869
Revenues $ 394,329 $ 459,500 $ 427,500 $ 410,500
Expenditures $ (216,179) $ (274,430) $ (275,499) $ (355,506)
Fund Balance Appropriated (Reserved) $ (185,070) $ (54,994 )
Revenues OverlUnder Expenditures $ 178,150 $ - $ 152,001 $
Total Fund Balance, September 30 $ 4,488,868 $ 4.673,938 $ 4,640.869 $ 4,695,863
Local Option Gas Tax Fund
This fund is the receiving fund for the Local Option Gas Tax, which is a state-shared revenue. The
projected revenue from the gas tax is $1,390,000. Funds are used to pay for street maintenance
activities in the General Fund ($875,000), capital improvements to roads and bridges ($800,000) and
audit costs ($1,000). .This amounts to $1,676,000. The shortfall of$286,000 is funded from the
accumulated fund reserves. As mentioned previously, Local Option Gas Tax funds in the amount of
$225,000 previous I y transferred to the Transportation Fund for local bus services has been added to
the General Fund transfer, which previously totaled $650,000. The fund balance is projected to be
$816,766 on October 1,2007.
Revenues
Expenditures
Fund Balance Appropriated (Reserved)
Revenues Over/Under Expenditures
LOCAL OPTION GAS TAX FUND
2005-06 2006-07 2006-07 2007 -08
Actual Budget Estimated Budget
$ 1.062.971 $ 1,068.776 $ 1.068,776 $ 815.776
$ 1,357,182 $ 1,436.000 $ 1,385,000 $ 1,390,000
$ (1,351,377) $ (1,776,000) $ (1,638,000) $ (1,676,000)
$ 340.000 $ 286,000
$ 5,805 $ $ (253,000) $
$ 1,068,776 $ 728,776 $ 815.776 $ 529,776
Total Fund Balance, October 1
Total Fund Balance, September 30
Community Improvements Fund
The Community Improvements Fund is responsible for providing property and housing
improvements to income-eligible individuals and families. This is an especially important program
in the face of very high land and home prices in the Palm Beach County market area. In addition to
XlV
providing housing rehabilitation and ne\v construction services for clients, the Community
Improvements Fund provides home-ownership incentives and assistance for first-tlme homeowners
Many families have achieved the dream of home ownership with the City's programs and
partnerships with other organizations, banks and faith-based community development corporations,
Funding for the Community Improvements Fund comes mainly from two sources: State SHIP Funds
and federal Community Development Block Grant (CDBG) Funds. For the 2007-08 fiscal year, this
fund will only account for the administrative costs associated with administering the SHIP and
CDBG grant programs. All direct costs for housing rehabilitations and new construction services
\\ill be paId directly from grant funds and accounted for in the Grant Fund, which is a non-budgeted
fund. Total 2007-08 budgeted expenditures are $404,253, of which $108,696 will be funded by
CDBG and $135,261 will be funded by SHIP. This leaves a shortfall ofS 1 04,296 that will be offset
by a projected accumulated fund balance of $269,327 at October 1,2006. However. it is clear that
the administrative costs being charged to this fund exceed the funding stream that can legally be
provided by CDBG and SHIP funds. Therefore, future consideration will have to be given to either
reducing staff or funding several positions through the General Fund.
COMMUNITY IMROVEMENT FUND
2005-06 2006-07 2006-07 2007 -08
Actual Budget Estimated Budget
Total Fund Balance, October 1 $ 379,699 $ 270,041 $ 270,041 S 269.327
Revenues $ 626}87 $ 264,535 $ 368,326 $ 299,957
Expenditures $ (736,445) $ (372,382) S (369,040) $ (404,253)
Fund Balance Appropriated (Reserved) $ 107,847 $ 104,296
Revenues Over/Under Expenditures $ (109,658) $ - $ (714) $
Total Fund Balance, September 30 $ 270,041 $ 162,194 $ 269,327 $ 165,031
Public Art Fund
The Public Art Fund is a fund established to account for fees from developers to be used by the City
for establishing and enhancing public art through the City. Proposed 2007-08 revenues are $212.500
while expenditures are proposed to be $203,868.
PUBLIC ARTS FUND
2005-06 2006-07 2006-07 2007 -08
Actual Budget Estimated Budget
Total Fund Balance, October 1 $ S (744) $ (744) $ 17.130
Revenues :0 7085 $ 1.372.500 S 189.500 $ 212,500
Expenditures $ (7,829) S (517,589) $ (171.626) S (203,868)
Fund Balance Appropriated (Reserved) S (854,911 ) S (8,632)
Revenues OverlUnder Expenditures $ (744) $ S 17,874 S
Total Fund Balance. September 30 S (744) $ 854,167 $ 17,130 S 25.762
Y'T
Recreation Program Fund
The Recreation Program Fund is a fund established to provide programs based on 100% user fees.
The Fund also transfers $75,000 to the General Fund to assist in funding other Recreation Programs
not covered by user fees.
RECREATION PROGRAM REVENUE FUND
2005-06 2006-07 2006-07 2007 -08
Actual Budget Estimated Budget
Total Fund Balance. October 1 $ 46,808 $ 72,549 $ 72.549 $ 72,549
R.evenues $ 634.117 $ 671,100 $ 625,600 $ 727,150
Expenditures $ (608.376) $ (668,648) $ (625,600) $ (706,161)
Fund Balance Appropriated (Reserved) $ (2,452) $ (20,989)
Revenues Over/Under Expenditures $ 25,741 $ $ $
Total Fund Balance, September 30 $ 72,549 $ 75,001 $ 72,549 $ 93,538
Estimated 2006-07 revenues are below budget estimates primarily due to decreased participation or
the cancellation of various budgeted programs. Next year's expenses have been increased to
$706,161 or 5.6%. On the revenue side, this fund is projected to have the revenues of$727,150.
General Obligation Debt Service Fund
This fund is a paying agent fund for the General Obligation Bond Issue that has a final retirement
date of November 2009. The annual debt service cost dropped from $551,291 in Fiscal 2005-06 to
$225,243 in Fiscal 2006-07. In 2007-08, the debt service will drop down slightly to $223,771, and
then to $221,803 in 2008-09 and to $110,192 in 2009-2010. Revenue for the bond issue debt service
comes from property taxes. Based on a projected fund balance of$252, 174 on October 1,2007, the
proposed budget reduces the millage rate from .04 mills to .025 mills, thereby using $63,553 offund
balance to meet the debt service obligation for 2007-08.
2002 GENERAL OBLIGATION DEBT SERVICE FUND
(PROMISSORY NOTE)
2005-06 2006-07 2006-07 2007-08
Actual Budget Estimated Budget
Total Fund Balance, October 1 $ 236,909 $ 242,473 $ 242,473 $ 252,174
Revenues $ 557,978 $ 227,517 $ 236,519 $ 161,618
Expenditures $ (552,414 ) $ (226.843) $ (226,818) $ (225,171)
Fund Balance Appropriated (Reserved) $ (674) $ 63,553
Revenues Over/Under Expenditures $ 5,564 $ $ 9,701 $
Total Fund Balance, September 30 $ 242,473 $ 243,147 $ 252,174 $ 188,621
xvi
Public Service Tax Debt Service Fund
This fund is L1sed to transfer a portion of the Public Service Tax from the General Fund to pay debt
service on bond issues for capital construction projects. By pledging this revenue, the City is able to
borrow funds at a favorable rate for construction work. This also means that a portion of the Public
Service Tax is not available for general govemment services. The City is projected to receIve a towi
of$3,372,490 in existing Public Service Taxes in the General Fund. In addition, the balance oCthe
Public Service Taxes ($4,470,410) goes directly to the Public Service Debt Service Fund. This
amounts to 57% of the total Public Service Tax revenue going to debt service. In retull1, the City
received $18.3M in bond proceeds in Fiscal 2003-04, S6.8M which was used to retInance bonds and
S 11.5M to fund non-utility capital projects. Those funds were deposited in the Capital Improvement
Fund and were to be used for the purchase ofland on High Ridge Road and the Library Project
In October 2006, the City Commission authorized the issuance of a second bond issue for $20,OI'v1
and these fund were deposited in the Capital Improvement Fund for the completion of the Fire
Station #5, the EOC, Wilson Park and Intracoastal Clubhouse.
While the revenues projected for 2007-08 total $4,545,410, the debt service obligations for the 2004
and 2006 Public Service Tax Bond issues only total $2,742,296, leaving an excess of $] ,803, 114
available for future debt service or to be transferred to the ClP Fund for future capital projects. By
maintaining the current split of 43% General Fund and 57% Public Service Tax Fund, sufficient
funding is in place to fund the projected debt service requirements for a $25M bond issue to fund a
new Police Facility at the High Ridge complex.
2004 PUBLIC SERVICE TAX DEBT SERVICE FUND
Total Fund Balance, October 1
$
2005-06
Actual
1,003,146 $
2006-07
Budget
1.474,100 $
2006-07
Estimated
1.474,100 S
2007 -08
Budget
1,949,899
Revenues
Expenditures
Fund Balance Appropriated (Reserved)
Revenues Over/Under Expenditures
S 4.441,118 $ 4.414,360 $ 4.422,900 S 4,545.410
S (3,970,164) $ (4,164,360) $ (3.947,101) S (4.445,410)
$ (250,000) $ (100,000)
S 470,954 $ - $ 475.799 $
S 1.474,100 S 1.724,100 $ 1.949,899 $ 2,049,899
Total Fund Balance. September 30
Fire Assessment Fund
As established in 2001, the Fire Assessment has been used to pay the salaries and benefits for 24
full-time personnel to staff the new Southeast Fire Station, capital improvement costs associated with
Fire Station #2 and #4 and the purchase ofland for Fire Station #5. This fund was originally to be
used to fund the capital improvement costs associated with the construction of Fire Station #5 in the
northeast quadrant of the City. However, given the fact that the fire assessment is scheduled to
sunset iE September 2008 and the projected fund balance at October 1, 2007is S2.6M, there \vill not
be sufficient funding from the last year of the fire assessment to fund the construction of the new tIre
station. Therefore, S5.84M \vill be transferred from the elP Fund in 2007-08 and S5.06M in 2008-
09 to help fund the Fire Station portion of the Public Safety Complex on High Ridge Road. In
X"'VC.i :..
addition, all operating costs charged to the fund will be covered by a transferred from the General
Fund totaling $1,955,456. These costs were essentially transferred to the General Fund beginning
last year as evidenced by the S 1. 75M budgeted transfer in 2006-07 budget. Given the uncertainty of
property tax reform and the pending referendum in January, it may be necessary to revisit the
imposition of the Fire Assessment for 2008-09 to help offset the continuing impact to the General
Fund of the 24 firefighters added back as an operating cost to the General Fund. Based on the fire
assessment revenues proposed for 2007-08 of$2.6M, only 75% of that revenue would be needed to
cover the projected 2007-08 operating costs of$1.96M.
CITY OF BOYNTON BEACH
2007/2008 BUDGET
FIRE ASSESSMENT FUND
2005-06 2006-07 2006-07 2007 -08
Actual Budget Estimated Budget
$ 2,258,985 $ 790,837 $ 790,837 $ 2,646,387
$ 2,678.710 $ 6,803,050 $ 4,450,142 $ 10.455,719
$ (4,146,858) $ (6.821,650) $ (2,594.592) $ (13,102,106)
$ 18,600 $ 2,646,387
$ (1.468,148) $ $ 1,855,550 $
$
2008-09
Budget
Total Fund Balance, October 1
Revenues
Expenditures
Fund Baiance Appropriated (Reserved)
Revenues Over/Under Expenditures
$ 5,060,650
$ (5,060,650)
$
$
Total Fund Balance, September 30
$ 790,837 $ 772,237 $ 2,646,387 $
Capital Improvement Budget
The Capital Improvement Budget will be presented to the City Commission in early August. There
have been several late changes to the project list that need to be incorporated into the five-year plan.
A special thanks goes to the Budget Review Team of Bill Mummert, Bobby Jenkins and Sue
Moroney for their hard work on the document. Special thanks goes also to the department heads that
went back into their budgets to make additional cuts that I requested.
Cc: Department Heads
KB: 07/01/07,07/04/07
xviii
SUPPLEMENTAL INFORMATION
Budget Balancing Memo
July 4,2007
Summary of Memo: With the additional cuts as outlined in this memo, the City's budget is balanced
and the General Fund shows a slight surplus of S677,891. Included is an option to restore the
"Shopper Hopper" bus system, A total offour full-time and four part-time employees would have to
be either re-assigned to new duties or separated.
As a supplement to the main budget memo, this report summarizes efforts to balance the General
Fund. The General Fund as shown in the budget binder, reflects a deficit of $1,176,304.
The main changes or program reductions were incremental changes in all departments except that
service cuts in the Police Department ($161,256) and in the Fire Department ($462,155) are
recommended to be placed back in the budget and are reflected in the positive fund balance reported
of$677,981.
Personnel Changes (See table on page ii of Budget Memo)
PersOlmel changes in the budget a reflect reduction of 21.14 positions. Six months ago, we began a
program of not filling all positions. Instead, positions were reviewed on a case-by-case basis filling
only critical skill and essential positions such as police, fire and communications operators. This
created a situation where we have some flexibility and the total number of employees that would be
separated from employment is six full-time and three part-time. All of the position adjustments were
as a result of program reviews and a needs analysis for new facilities. In cases where we needed to
add new staff for new facilities either the employees would be transferred or ifnew employees with
different skill sets were needed, then the employees would have to be re-trained for new positions,
retire or separate service. The combination of shifting personnel and vacancies leaves four full-time
and four part-time employees facing internal relocation or
Separation. This is out of over 900 full-time employees.
Building and Facility Changes
The proposed budget envisions opening of the new Library, Intracoastal Club House, Sims Center
and Pool (Wilson). The budget also envisions closing City Hall in the Mall and conversion of
\1adsen Center to offices for Code Compliance as follows:
Library
Sims Center and Pool
Intracoastal Club House
Madsen Center
City Hall in the Mall
Ne\v and Refurbished Building
New Facility
New Facilitv to House Recreation Registration and Training
. ~ ~
Code Compliance to replace trailer
Transfer Recreation Registration to Intracoastal Park and Utility
Billing to City Hall
XlX
Budget Cuts and Changes to Balance the General Fund
As noted above, the bound budget has a deficit of $1,176,304. To get to this point, staff
made cuts totaling $2,637,347. This is attached as Exhibit A.
Subsequent to that I made additional revisions to the General Fund by making additional cuts and
restoring two cuts made in police and fire services that I was not comfortable with.
Here is a recap of the changes.
General Fund Budget Worksheet !
1
-- ! $ 75,396,074.00
i General Fund Operating Expenses
General Fund Revenues $ 74,219,770.00
Over/Under $ (1,176,304.00)
I CM's Modifications to Budaet to Balance Running Total
Transfer Add Back CIP Transfer of Public Service Debt $ - $ (1,176,304.00)
Police Add Back 3 Sworn Police Personnel Deferred $ (161,256.00) $ (1,337,560.00)
Fire Add Back Rescue #5 Personnel (Deferred) $ (452,155.00) $ (1,789,715.00\
Fire Add Back Rescue #5 Fleet Maintenance Costs 1$ (10,000.om $ (1,799,715.00)
Police . Eliminate 3 of 4 PO Un-Marked Units i$ 72,000.00 $ (1,727,715.00\
Org Dev ! Eliminate Additional OD Career DeveloDment Classes 1$ 27,000.00 I $ (1,700,715.00\
Buildng i Eliminate One Addl BuildinQ Insp by Attrition 1/2 yr. $ - i$ (1,700,715.00)
City Hall Eliminate Rest of Holiday Bonus (50% cut already) $ 32,606.00 $ (1,668,109.00)
Citv Comm Eliminate Board Recognition Dinner 1$ 12,000.00 i $ (1,656,109.00)
City Comm Strateaic Plan Implementation - Reduce by 10% ! $ 12,500.00 $ (1,643,609.00)
City Comm Federal Lobbyist Service - Eliminate 1vr or CRA Pays i $ 30,000.00 i $ (1,613,609.00)
Police Neiah Serv- Director to YVRP - Salarv $ 65,000.00 $ (1,548,609.00)
Police NeiQh Serv- Director to YVRP - Benefits 1$ 4,500.00 I $ (1,544,109.00)
Police Neighborhood Grant Prooram - Furlouoh 2 yrs. 1$ 100,000.00 I $ (1,444,109.00)
Citv Mar Pub Affairs - Eliminate Printed Resident Guide ~$ 10,000.00 $ (1,434,109.00)
HR I Eliminate Service Award Dinner $ 12,000.00 $ (1,422,109.00)
Revenue and Transfer Items I l
Revenue 110% Utility Tax 1/2 Year $ 450,000.00 $ (972,109.00)
Revenue : Fund Balance Match for 1/2 yr Utility Tax 1$ 450,000.00 $ (522,109.00)
Transfer ! Defer Fleet Plan Transfer from General Fund i$ 1,200,000.00 1 $ 677,891.00
,
,
Option 1 Add Shopper HODDer Back in Budaet '$ (225,000.00) I $ 452,891.00
xx
Recommendation for 10% Utility Tax
In the past, staff has recommended imposition of a I 0% Utility Tax. The total estimated revenue lS
S900,000 but for the first year there is a 6-month notification period. Therefore, the fund shows
$450,000 from the utility tax and $450,000 from the un-obligated fund balance, The second year or
lhe program. the revenue would be 100% from the utility (ax and (he fund balance appropriation is
not needed. The chari below shows the impact on various rate payers based on water conSUl11ptlon,
The water cost includes a projected 10% increase in rates effective October 1. 2007,
Water Use! Water Utility Water Usel Water Utility
Month Cost Tax Month Cost Tax
2,000 $ 4,73 $ 0.47 27,000 $ 63,86 S 6.39
3,000 $ 7.10 $ 0,71 28,000 $ 66,22 S 6.62
4,000 $ 9.46 $ 095 29,000 $ 68,59 $ 6.86
5,000 $ 11,83 $ 1 18 30,000 $ 70,95 $ 7.10
6,000 $ 14,19 $ 1.42 31,000 $ 73.32 $ 7,33
7,000 $ 16.56 $ 1.66 32.000 $ 75.68 $ 7.57
8,000 $ 18,92 $ 1,89 I 33.000 $ 78.05 $ 7.80
9,000 $ 21.29 $ 2,13 34,000 $ 80.41 $ 8,04
10,000 $ 23,65 $ 2,37 35,000 $ 82.78 $ 8,28
11,000 $ 26.02 $ 2,60 36,000 $ 85.14 $ 8,51
12,000 $ 28,38 $ 2,84 37,000 $ 87.51 $ 8,75
13,000 $ 30.75 $ 3.07 38,000 $ 89.87 $ 8.99
14,000 $ 33.11 $ 3,31 39,000 $ 92.24 $ 9.22
15,000 $ 35.48 $ 3,55 40,000 $ 94,60 $ 9.46
16,000 $ 37.84 $ 3,78 41,000 $ 96.97 $ 9.70
17,000 $ 40,21 $ 4.02 42,000 $ 99.33 $ 9.93
18,000 $ 42,57 $ 4.26 43,000 $ 101,70 $ 10.17
19,000 $ 44.94 $ 4.49 44,000 $ 104.06 $ 10.41
20,000 $ 47.30 $ 4.73 45,000 $ 106.43 $ 10,64
21.000 $ 49,67 $ 4,97 46.000 $ 108.79 $ 10.88
22,000 $ 52.03 $ 5.20 47,000 $ 111.16 $ 11,12
23.000 $ 54.40 $ 5.44 48,000 $ 113,52 $ 11.35
24,000 $ 56,76 $ 5.68 49,000 $ 115.89 $ 11.59
25,000 $ 59.13 $ 5.91 50,000 $ 118,25 $ 11,83
26,000 $ 61.49 $ 6.15
Shopper Hopper
The proposed budget shows the General Fund receiving $225,000 in Local Option Gas Tax funds. In
previous years, this revenue was used to subsidize the "Shopper Hopper" Bus system. The bus
system has a loyal but very small clientele.
Transportation Services for the City of Boynton Beach began in 1994 after entering into agreement
with the Palm Beach County board of County Commissioners to lease four buses to operate fixed
routes within the city limits of Boynton Beach.
After four years of fixed route operation and perfom1ance monitoring, the division made a decision
to change from fixed route to specialized service. We became known as the "Shopper Hopper"', at
which time we offered door to door service to the citizens ofBo}11ton Beach for grocery shopping at
the Pubiix and Winn Dixie stores as well as general shopping at the mall. Target and Wal-.\1art.
xx::.
In addition to our present fleet of five Shopper Hopper buses that are leased from the County, the
City has purchased two buses that are used primarily for the cities after-school programs, special
events and shuttles.
Staff - 1 FT Supervisor, 3 FT Drivers, 1 PT Driver
Operating Budget - S260,000/approximately
Schedule - Six (6) Days/Week - Monday - Saturday
Fare - S 1.OO/passenger each way - .50 Cents each way for seniors 60 and over
Revenue
FY 2005-06
FY 2004-05
FY 2003-04
FY 2002-03
$10,262
$11,431
$14,280
$12,560
l\nnual Riders
Shopper Hopper
Special Events/Field Trips
16,300
9,500
The "Shopper Hopper" service is duplicative, in part, to alternative transportation options:
PALM TRAM (Public Bus System)
Cash Per Trip
Regular Fare $1.25 each way
Reduced Fare $ .60 each way
Daily Rate Regular Fare $3.00 Unlimited Transfers
Daily Rate Reduced Fare $2.00 Unlimited Transfers
Monthly Pass Regular Fare $50.00
For 31 consecutive days (unlimited rides)
Monthly Pass Reduced Fare $35.00
For 31 consecutive days (unlimited rides)
*"Reduced fare" is for passengers 21 and under, 65 and older, or permanently disabled
xxii
PALM TIV\N CONNECTION (Must qualify for this service: ex: Seniors, Disabled, etc..,)
Cash Per Trip Regular Fare 52.50 each way'
MAE VOLEN SENIOR SERVICES
Cash Per Trip 52.00 each way (within the same city)
Cash Per Trip $3.00 each way (one City away)
Cash Per Tnp $4.00 each way (two Cities away)
Cash Per Trip $5.00 each way (three Cities away) *Maximulll distance traveled
Beginning last year, Recreation Specialists and Supervisors have been required to attain appropriate
licensing that would allow them to drive our new bus and the used school bus we purchased in 200 I.
Consequently, although this will impact programming since while driving a bus staff not able to
supervise an activity, we will still be able to provide some transportation to those participating in
programs such as senior center activities, summer camps and after school recreation.
City Participation with eRA on Special Events
The proposed budget has cut the City's share of special events was originally proposed at $190,000
($150,000 for events and $40,000 for cost-sharing of the events coordinator).
KB: 7/4/07
XXlll
CITY OF BOYNTON BEACH
2007/08 Budget Revisions
Below are the revisions made to the 2007-08 General Fund budget following the Budget Workshop held
on Tuesday. July 10, 2007:
Original
Total
TOTAL GF REVENUE - 07/10/07
Boynton Beach Water Utility Tax (10%)
Interest Income
Transfer In- Local Option Gas Tax Fund
1,588,000
875.000
REVISED - TOTAL GF REVENUE - 07/10/07
TOTAL GF EXPENDITURES - 07/10/07
Strategic Plan Implement.
Board Recognition Dinner
Holiday Bonus
Public Affairs - Printed Resident Guide
City Clerk's Office - .75 Office Assistant
Financial Services - .50 Accounting Tech
HR - Service Awards
Org. Dev. - Career Development
Police - Salaries & Benefits (3.00 Sworn Officers)
Police - New Vehicles (Reduce from 4 to 1)
Fire - Salaries & Benefits (5.00 Firefighters)
Fire - Fleet Maintenance Costs
Neighbor. Serv, - Salaries & Benefits (Director)
Neighbor. Serv, - Grant Program
Defer Fleet Plan Transfer to General Fund
125,000
12,000
34,176
10,000
17,000
72,000
96,000
195,660
86,699
90,000
1,235,539
REVISED - TOTAL GF EXPENDITURES - 07/10/07
Excess Revenues Over Expenditures
REVISED
Total
450,000
1.612,325
650,000
107,500
20,768
20,756
10,000
45,000
161,256
24,000
452,155
205,660
74,219,770
450,000
24,325
(225,000)
74,469,095
75,396,074
(17,500)
(12,000)
(34,176)
(10,000)
20,768
20,756
(7,000)
(27,000)
161,256
(72,000)
452,155
10,000
(86,699)
(90,000)
(1,235,539)
74,469,095
1
SUMMARY OF GENERAL FUND EXPENDITURES
2007/2008
S Change. ';0 Change -
2006/07 2006/07 2007/08 2007/08 Proposed 07108 Proposed 07/08
Department Budqet Estimated Proposed Revised fs..9m BudQet 06/07 !.:Qrn S ud oet 06,"07
City CommiSSion 556,805 510,437 49'\ ,652 474,152 182,653, - ~ 4 _8[:~
City Manage' 605,278 e03, 50 611.335 611,335 6.057
City Hall 12454,945 1/603.536 0,392,943 10,346,767 108.1781
PubliC AffairS ' 92,343 189.495 '95.891 185,891 (6.452, -34-"
SpeCial Evems 381,825 381.825 60.000 0 ,331.825;
City Cle rk 50' ,978 467,462 536.987 557,755 55.777
FJranc:al Services '112.313 080.298 . ,155393 1,176,149 OJ,836
ITS 1.754.553 1,759.564 .764,628 1,763,228 6.675
GIS 483.068 ,.51.382 411.207 411,207 171,861 J ,149~"
Human Resources 829.849 855.739 923.809 916,809 86.960 1 J5~;~,
Organizational Development 278.674 277 .523 206.790 179,790 198884 ) -35.5(>G
City Attorney 491,772 4Sli ,772 444.046 444,046 147.726)
Police 20.896,133 20.896.133 21.748.119 21,143,748 247,6'5 . F)(J
Lit;
Code ComDllance 969.310 969,310 1035.147 1,024,201 54,891 ~J .7 (j,'c
Communications ' .935.009 1.935.009 2.341.086 2,341,086 406.077 0"
i,
Animal Control 167.951 167,951 188.746 185,049 17.098 10.2':;0
Neighborhood Projects 295,515 203,899 291,151 114,452 i 181.063) "tJA .3(/0
Fire 14,162,165 14.162.165 14,653,125 14,802,509 640.344 45"
EOC 236,600 233,100 '49.697 149,697 (86.903) '00.0%
Deveiopment 367,500 366.392 387.954 387,954 20454 5.6%
Building 2.286.211 2.340,459 2,434,025 2,432,725 146,514 6.4~'.D
Planning 961,276 899,214 ',039.390 1,039,390 78,114 8.1
Business Tax 257,902 253.130 290,215 288,726 30,824 ~ 2.0%
Public Works 278,106 276.904 295,852 294,523 16,417 5.9%
Facilities Management 1.599,201 1,616,698 1,811,888 1,792,068 '92,867 ~2.1 %
Streets Maintenance 1,129,143 1,015,857 1,118,279 1,064,949 164,194) ~5.7%
Engineering 972,387 951,569 931,502 919,102 (53,285) .5.5%
Forestry & Grounds 1,857,303 1.857,476 1,893,563 1,862,982 5,679 03%
Library 2,283,730 2,22'1,770 2,490,441 2,490,441 206,711 9.1%
Recreation 2,332,028 2,332,028 2,771,536 2,795,725 463,697 19.9%
Parks Maintenance 2,209,541 2,052,207 2,329,677 2,272,639 63,098 2.9%
74.840,414 73,423,454 75,396,074 74,469,095 (371.319) -0.5%
SUMMARY OF UTILITIES FUND EXPENSES
2007/2008
$ Change. % Change -
2006/07 2006/07 2007/08 2007/08 Proposed 07108 Proposed 07108
Department Budaet Estimated Proposed !ill1lli from Budaet 06/07 from Budaet 06/07
Water Distribution 1,435,611 1,406,483 1,472.215 1,472,215 36,604 2.5%
PubliC Water Treatment 5.704,777 5.587.711 6.118.042 6,118,042 413.265 7.2%
Meter Reading & Services 1.259,773 1.217.226 1.210,417 1,210,417 (49.356) -3.9%
Wastewater Collection 1,740,675 1,538,841 1.749,751 1,749,751 9.076 0.5%
WatelWater Pumping Stations 2.615.408 2,354,298 2.587,611 2,587,611 (27.797) .1.1%
Sewage Treatment 3,670,000 3,420.000 3775,800 3,775,800 105.800 29%
Water Quality 497.739 486,148 523,507 523,507 25,768 5.20/0
Utiiity Administration 2.021,443 1,861,099 ' .950,265 1,950,265 (71.1781 ,3.5%
General Adminlstrallon 4,459,433 4,282.880 5694,300 5,694,300 1234.867 27_7%
Utilities Engineering 1,005,364 935,426 '199,267 1,199,267 '93,903 1 OO.OO/~
Stormwater Maintenance 997,933 926.605 931,447 931,447 166,486) .6.7O/~
Customer Relations 1.120,605 1.100,612 .217,468 1,217,468 96.863 B.6D/e
Debt Service 3.865.257 3.874.057 4.882,725 4,882,725 1.017,468 26,3%
30.394.018 28,991.386 33312,815 33,312,815 2.918.797 9.6%
2
SUMMARY OF GOLF COURSE FUND EXPENSES
2007/2008
$ Change. % Change -
2006/07 2006/07 2007/08 2007/08 Proposed 07tOS Proposed 07108
Department Budqet Estimated Proposed Revised from Budaet 06/07 from Budoe! 06/07
Golf Course Administration 1.104.536 1,101,017 1,367,222 1,367,222 262,686 23,8%
Golf Course Maintenance 1.320,173 1,206,365 1,254,258 1,254,258 (65.915) -5,0%
Golf Course Restaurant/Bar 317,117 310,230 351,042 351,042 33.925 10,7%
2.741.826 2,617,612 2.972.522 2,972,522 230,696 8.4%
SUMMARY OF OTHER FUND EXPENSES
2007/2008
$ Change. % Change.
2006/07 2006/07 2007/08 2007/08 Proposed 07108 Proposed 07108
Other Departments Bud~et Estimated Prooosed Revised from Budoet 06/07 from Budaet 06/07
Solid Waste 8.395.255 8.401,896 9,069,660 9,069,660 674.405 8,0%
Transportation 277.151 229,234 0 257.400 (19.751 ) -7,1%
8,672,406 8.631,130 9,069,660 9,327,060 654,654 7,5%
Total Operating Budget 116,648,664 113.663,582 120.751,071 120,081,492 3.432,828 2,9%
Internal Service Funds
Fleet Maintenance 7,158,972 7,176,747 5,905,035 5,905,035 (1,253,937) .17.5%
Warehouse 276,059 270,324 296,316 296,316 20,257 7.3%
Risk Management 3,234,243 3,332,502 3,526,578 3,526,578 292,335 9,0%
Total Internal Service Funds 10,669,274 10,779,573 9,727,929 9,727,929 (941,345) -8.8%
Total Operating and Service 127,317,938 124.443,155 130,479,000 129,809,421 2.491.483 2.0%
Other Funds
BB Cemetery 459.500 250,399 364,100 364,100 (95.400) -20.8%
BB Mausoleum 0 16,100 46.400 46,400 46.400 100.0%
Total - BB Memorial Park 459,500 266.499 410,500 410,500 (49,000) -10.7%
Local Option Gas Tax 1,776,000 1,638,000 1,676,000 1,676,000 (100.000) -5.6%
Community Improvements 372,382 369,040 404,253 404,253 31,871 8,6%
Public Arts 1,372,500 171,626 212,500 212,500 (1,160,000) -84.5%
Recreation Programs 671,100 625,600 727,150 727,150 56,050 8.4%
GO Debt Service 227,517 226,818 225,171 225,171 (2,346) -1.0%
Public Service Debt Service 4.414,360 3,947,101 4,545.410 4,545,410 131,050 3.0%
Total Other Funds 9,293,359 7,244,684 8,200,984 8,200,984 (1,092,375) -11.8%
Total Operating, Service, Debt and Other 136,611,297 131.687,839 138,679,984 138,010,405 1 ,399,108 1,0%
3
SUMMARY OF REVENUES .. ALL FUNDS
S Change. Change -
2006/07 2006/07 2007/08 2007/08 Fropcsed 07/03 Pre posed 07:'08
Operating Funds Budqet Est Revenue Prooosed Revised !.rom 8l!doet 06/07 from Budqet 06/07
General Fund 72,340,414 72.848.987 74.2'9,770 74,469,095 2,128.68 ' 29'"
General Fund Balance ACJp-OJr:Bted 2,500.000 0 1.176.304 0 (2.500,000 ) -100.00/0
Total Gene'al Fund 74.840,414 72848.987 75.396.074 74,469,095 1371,319) -0.5~,
Utilities Fund 30,394.018 28.723.260 33,312815 33,312,815 2,918.797
Golf Course Fund 2.7 41.826 2.661.947 2,972.522 2,972,522 230.696 (3,4cu
Sollc Waste Fund 8.395.255 8.790.526 9.069.660 9,069,660 674405 80''.,
Transportation F uno 277,'151 258.000 0 257,400 119.751 )
Total Operating Funds 116,648,664 113.282.720 120.751,071 120,081,492 3432.828 29%.
Internal Service Funds
Fleet Maintenance 7,158,972 6,329,146 5.905.035 5,905,035 11253,937) 7.5ci:J
Warehouse 276.059 277 .559 296,316 296,316 20.257 7,3'/0
Self Insurance 3.234,243 2,305,004 3,526,578 3,526,578 292,335 9,0%
Total Internal Service Funds 10.669.274 8.911,709 9.727.929 9,727,929 1941,345) -8.8%
Total Operating and Service 127.317.938 122,194,429 130,479,000 129,809,421 2491483 2.0%
Other Funds
BB Memorial Park 459,500 427,500 410.500 410,500 (49,000) -10.7%
Local Option Gas Tax 1,776,000 1.385,000 1,676.000 1,676,000 (100.000) -5.6%
Community improvements 372,382 368.326 404,253 404.253 31.871 8.6%
Public Arts 1,372,500 189.500 212,500 212,500 160.0001
Recreation Programs 671,100 625.600 727,150 727,150 56,050 8.4%
GO Debt Service 227,517 236,519 225,171 225,171 (2.346) -i.O%
Public Service Debt Service 4,414,360 4,422,900 4,545,410 4,545,410 131.050 3,0%
Total Other Funds 9,293,359 7,655,345 8,200,984 8,200,984 (1.092.375) -11,8%
Total Operating, Service, Debt and Other 136,611.297 129,849,774 138,679,984 138,010,405 1,399,108 1,0%
4
CITY OF BOYNTON BEACH, FLORIDA
2007-2008 ANNUAL BUDGET
PERSONNEL
2005/06 2006/07 2007/08 2007/08
DEPARTMENT Actual Adopted Proposed Revised
GENERAL
City Commission 5,00 5.00 5,00 5.00
City Manager 7,00 6,00 6,00 6.00
Public Affairs 1,00 1.00 1.00 1.00
Special Events 1.00 1,00 0.00 0.00
City Clerk 6.75 6.75 6.00 6.75
Financial Services 16.00 16.50 16.00 16.50
Information Technology Services 12.00 13.00 13.00 13.00
Geographical Information Systems 3.75 3,75 3.75 3.75
Human Resources 6.58 7.58 7.58 7.58
Organizational Development 2.00 2.00 1.00 1.00
Communications 24.00 24.00 24.00 24.00
City Attorney 2.00 1.50 1.00 1.00
Police 191.75 197.75 193.75 196.75
Code Compliance 13.00 14.00 14.00 14.00
Animal Control 2.89 3.04 3.04 3.04
Fire 145.00 146.50 142.50 147.50
Development-Support Services 4.00 4.00 4.00 4.00
Building 32.00 34.00 33.00 33.00
Engineering 12.50 12.00 10.00 10.00
Planning and Zoning 12.00 13.00 12.00 12.00
OccupatlonalUcenses 4.00 4.00 4.00 4.00
Neighborhood Projects 2.00 2.00 2.00 1.00
Public Works 3.00 2.50 2.50 2.50
Facilities Management 17.00 17.00 17.00 17.00
Roads & Streets 8.00 8.00 8.00 8.00
Ubrary 30.33 33.83 33.83 33.83
Recreation 46.67 46,67 49.21 49.21
Forestry & Grounds 11.00 11.00 11.00 11.00
Parks Maintenance 35.13 36.22 36.22 36.22
Total General Fund: 657.35 673.59 660.38 668.63
UTILITY
Water Distribution 14.00 18.00 17.00 17.00
Public Water System Operation 38.00 38.00 38.00 38.00
Meter Reading & Services 14.00 12.00 12.00 12.00
Wastewater Collection 15.00 16.50 16.50 16.50
Wastewater Lift Stations 15.00 15.50 15.50 15.50
Water Quality 6.00 6.00 6.00 6.00
Utilities Construction 6.50 0.00 0.00 0.00
Utilities Administration 27.00 13.00 13.00 13.00
Utilities Engineering 0.00 14.00 14.00 14.00
Stormwater Utilities 8.50 11.00 10.00 10.00
Customer Relations 13.00 13.00 13.00 13.00
Total Utility Fund 157.00 157.00 155.00 155.00
5
CITY OF BOYNTON BEACH, FLORIDA
2007-2008 ANNUAL BUDGET
PERSONNEL
2005/06 2006/07 2007/08 2007/08
DEPARTMENT i\ctuai Adopted Proposed Revised
GOLF
Golf Course Administration 14,84 14.84 14.84 14.84
Golf Course Maintenance 15,00 15.00 15.00 15.00
Restaurant/Bar 5.50 5.50 5.50 5.50
Total Golf Course Fund 35,34 35.34 35,34 35.34
SOLID WASTE 49,50 49,50 49,50 49.50
FLEET MAINTENANCE 13.00 13,00 13.00 13.00
WAREHOUSE 5,00 5.00 5.00 5.00
COMMUNITY IMPROVEMENTS 5,00 5.00 5.00 5.00
PUBLIC ARTS 1,00 1.00 1.00 1.00
SELF INSURANCE 3.00 3,00 3.00 3.00
TRANSPORT A TION 5.93 5.93 0,00 4.70
TOTAL ALL FUNDS:
932.12
948.36
927.22
940.17
6
CITY OF BOYNTON BEACH
PERSONNEL ADDITIONS/DELETIONS
2007/08 BUDGET
Proposed Revised
Dept Position Status No. Amount No, Amount
GENERAL FUND
Special Events Public Affairs Specialist Vacant (100) (46,631 ) (1.00) (46.631 )
City Clerk Office Assistant Filled (0,75) (20,768)
Financial Services Accounting Technician Vacant (0.50) (20,756)
Org. Development Director, Org, Development Vacant (1,00) (84,830) (1.00) (84,830)
City Attorney Administrative Associate Filled (0,50) (16,945) (0.50) (16,945)
Police Police Officers Vacant (3.00) (161,256)
Police Record Technician Vacant (1,00) (38,902) (1.00) (38,902)
Neighborhood Services Neighborhood Project Manager Vacant (1.00) (86,699)
Fire Administrative Associate New 1,00 42,199 1.00 42,199
Firefighters Vacant (5.00) (452,155)
Building Building Field Inspector Vacant (1,00) (59,327) (1,00) (59,327)
Planning & Zoning Senior Planner Vacant (1.00) (66,507) (1.00) (66,507)
Engineering Engineer Vacant (1.00) (74,697) (1.00) (74,697)
Engineer Plans Analyst/Inspector (') Filled (1.00) 0 (1.00) 0
Recreation Aquatics Supervisor (Pool) New 1.00 46,359 1,00 46,359
Lifeguard, Sr. (Pool) New 0.30 11,083 0.30 11,083
Lifeguards (Pool) New 2.40 77,960 2.40 77,960
Recreation Leader (Pool) New 0.84 21,046 0.84 21,046
Recreation Leader Vacant (1.00) (31,434) (1.00) (31,434)
Recreation Specialist Vacant 1.00 34,073 1.00 34,073
Tennis Professional Filled (1.00) (75,965) (1.00) (75,965)
Recreation Manager Filled (1.00) (80,336) (1,00) (80,336)
Net Additions/Deletions -- General Fund (13.21) (997,789) (4,96) (429,553)
UTILITIES FUND
Public Water Treatment Painter Vacant (1.00) (36,776) (1,00) (36,776)
Utilities Administration Engineer Plans Analyst/Inspector ('1 Filled 0.00 (67,633) 0,00 (67,633)
Storm water Maintenance Asst Supervisor, Stormwater Vacant (1.00) (57,562) (1,00) (57,562)
Net Additions/Deletions.. Utilities Fund (2.00) (161,971 ) (2.00) (161,971)
MASS TRANS/T FUND
Mass Transit Supervisor, Transportation Services Filled (1.00) (63,253)
Bus Drivers Filled (3.48) (4,93) (175,271)
Vacant (1.45) (1,23) (38,568)
Net Additions/Deletions .. Mass Transit Fund (5.93) (238,524 ) (1.23) (38,568)
NET ADDITIONS/DELETIONS.. ALL FUNDS (21.14) (1,398,284) (8,19) (630,092)
(*) . Position authorized in General Fund (Engineering)
7
~
GENERAL FUND
Code Compliance
Building
Planning & Zoning
WA TER & SEWER FUND
Water Distribution
Meter Reading Services
Utilities Administration
Utilities Engineering
TOTAL - All Funds
CITY OF BOYNTON BEACH
PERSONNEL RECLASSIFICATIONS
2007/08
2006/07 Position
Adml:1lstr3tlve Ass,stan:
?lumolr,g/iv1echanlcal Inspector '-"
Plan Review Analyst. Sr
Plan Review Analyst
Electrical Inspector. Sr
Building Inspector. Sr
4 - Building Inspector
Electrical !nspecwr
2 - Plumbing/Mechanical Inspectoo
Increase in Standard License Pay (20/u 10 5%)
2 - Planner
2-Utilitles Location Specialist
Crew Leader. Sr
Crew Leader. Sr
Office Assistant ,'.
Utilities Location Specialist. Sr
3-Utilitles Location Specialist
(OJ. Position authorized in Genera.l Fund (Building)
Grade
Beclass to
~;cde :OmO[13ilCe :::'::oordmalor
E'
~~lultl-a:SClpllne Building Flee Inspector Sr
\'lult:+dlsclpllne Plan Revl€v,i Analyst Sr
i.1ultl-dlsClpllne Plan Re\lI€v.' Analyst
BUilding Field Inspector Sr
Building Field Inspector. Sr
4 - BUilding Field Inspector
BUilding Field Inspector
2 - Building Field Inspector
2'=;
18
i E
1 e
20
_ Pianner Ii
9
2-Utilities Location Specialist
Crew Supervisor
9
Crew Supervisor
6
Administrative Associate
11
9
Utilities Location SpeCialist, Sr
3-Utilities Location Specialist
Grade
Proposed
Revised
'5.S'::'::'
:'.94:
:3 02t
'"
:::tiSs
i 1:::
1CJ
38.833
10.034 10.034
66.7 8 7 27.948
3,962 ::;,962
:;',525
14798 ;4,798
3.56D 3.560
2.174 2.174
5.953 5,953
35,972 30,447
102.759 58.395
1"
~ 2
<()
8
1,000
900
800
700
CITY OF BOYNTON BEACH, FLORIDA
2007-2008 ANNUAL BUDGET
EMPLOYEES-ALLFUNDS
51
53
50
50
600 -----
500 --
400 -
300
200
100
2004/05
2005/06
2006/07
2007/08
o FfT 0 PfT (Full Time Equivalents)
9
CITY OF BOYNTON BEACH, FLORIDA
ASSESSED VALUATION & PROPOSED TAX MILLAGE
2007-2008 ANNUAL BUDGET
REVISED - July 1. 2007
BUDGETED PROPOSED
2006-07 2007 -08
GENERAL GENERAL
FUND FUND
PROPOSED
2007-08
GO DEBT
SERVICE FUND
PROPOSED
2007-08
TOTAL
Gross Taxable Value $5,597,854,355 $6,134,767.687
Millage 7,1000 6.4553
Gross Tax $39,744,766 $39,601,766
Allowance for Discount (3.75%) (1,490,429) (1,485.066)
Net Tax $38.254,336 $38.116,699
-0,36%
2006-07 2007 -08
CRA CRA
Commercial (1983) 5199,655,597 $282.206,136
Commercial (1989) 44,033,192 48,236,224
Residential (1989) 907,758,470 960.933,705
Gross Taxable Value $1,151,447,259 $1.291.376,065
LESS: Base Year (291,906,169 ) (291,906,169)
TIF Taxable Value $859,541,090 $999,469,896
Millage 7.1000 6.4553
Gross Tax Increment $6.102,742 $6,451,878
x 95% x 95%
Net TIF Increment $5,797,605 $6,129,284
5.72%
I Net Taxes $33,947,161 $33,472,482 I
-1 AO%
56,134,767,687
0,0250
$153,369
(5,751)
$147,618
S6,134,767687
6.4803
S39,755,134
(1,490,818)
$38,264,316
COMPARISON - TAX MILLAGE
2006-07
FINAL RATE
General Fund (Operating Miliage)
Debt Service Fund (Voted Debt Service)
Total Millage
% Reduction
7.1000
0,0400
L1iQQ
2007-08
PROPOSED
6A553
0,0250
~
9.03%
10
CITY OF BOYNTON BEACH, FLORIDA
2007 -2008 ANNUAL BUDGET
MILLAGE RATES
7 0000
9.0000
8 0000
6 0000
5.0000
3.0000
2,0000
1.0000
0,0000
1998-99
1999-00
2000-01
2001-02
2002-03
2003-04
2004-05
o Debt ~
2005-06
2006-07
2007-08
o Operating
11
CITY OF BOYNTON BEACH, FLORIDA
2007/2008 ANNUAL BUDGET
Where the Money Comes From
Ad Valorem Taxes
51.2%
Investment Income
2.2%
Franchise Fees
7.0%
lnterfund Transfers
7.2%.
Miscellaneous Income
0.6%
Public
Se rvice
Taxes
4.5%
Occupational
Licenses
2.1%
Fines & Forfeitures
0.4%
Charges for Services
5.3%
State Shared Reve nues
I 10.4%
County Shared Revenues
1.4%,
o Public Service Taxes 0 Occupational Licenses
. County Shared Rel.€nues 0 Charges for Services
o Miscellaneous Income 0 Interfund Transfers
o Ad Valorem Taxes
, . Penmits
I. Fines & Forfeitures
. Franchise Fees
o State Shared Rel.€nues
.. Inl.€stment Income
12
CITY OF BOYNTON BEACH, FLORIDA
2007/2008 ANNUAL BUDGET
Where the Money Goes
General Government
30,0%
Pubtic Safety
54.3%
Culture/Recreation
10.2%
Streets Maintenance
3.9%
Public Works
1.60/,
13
CITY OF BOYNTON BEACH, FLORIDA
2007-2008 ANNUAL BUDGET
BUDGET SUMMARY - GENERAL FUND OPERATING DEPARTMENTS
DEPi PERSONNEL OPERATING CAPITAL I~ON-
JEPARTMENT NO FUNCTION SERVICES EXPENSES OUTLA Y OPER/l.TING TC./"AL
=llv Commission l11D Legislative S 15D.587 S 156.065 J) 157,500 S ~7~.152
C;,t1' Manager 1210 Executive 575.712 35.623 ci ~ -33~~i
City Hall/General Adm 1211 Executive 24.000 1940.527 8,382240 ('.34:,767
Public Affairs 1212 Executive 122,735 63,156 18589'
City Clerk 1310 Executive 375.806 180,449 1,500 557.755
Financial Services 1410 Fin, & Admin, 1.112.090 64,059 i : 76, 149
Information Technology 1510 Fin, & Admin. 863,090 817 ,638 82,500 ' .763.228
Geographical Info Srvs 1511 Fin. & Admin, 270,861 117.501 22,845 41: .207
Human Resources 1610 Fin, & Admin, 596.656 262,153 58,000 916,809
Org, & Strategic Dev, 1611 Fin, & Admin. 79.713 89,095 10,982 179,790
City Attorney 1910 Legal Counsel 88,191 355,855 444.046
Police 2110 Law Enforc, 18.141,375 2.604,067 348,800 49,506 2, 143,748
Code Compliance 2120 Law Enforc, 968,151 56,050 " .024,201
Communications 1810 Gen, Govt 1,971,352 212,085 157,649 2.341086
Animal Control 2513 Public Safety 162,323 22,726 185049
Neighborhood Services 2417 Gen. Govt. 65,914 23,538 25,000 114,452
Fire 2210 Fire Control 13,169,336 1.359,423 203,750 70,000 14.802.509
Emergency Mgmt 2220 Fire Control 81,697 67,400 600 149.697
Development-Support 2410 Protect. Insp, 368,651 19,303 387,954
Building 2411 Protect. Insp, 2,127,272 287,853 17,600 2432725
Planning & Zoning 2414 Comp, Plan. 957,418 79.372 2,600 1.039.390
Business Tax 2416 Protect. Insp. 246,785 26.941 15,000 288,726
Public Works Admin, 2510 Physical Envi. 274,693 19,830 294.523
Facilities Mgmt. 2511 Gen, Govt. 1,026,479 735,589 15,000 15.000 '792.068
Streets Maintenance 2512 Roads/Streets 424,025 638,524 2,400 1.064.949
Engineering 2413 Physical Envl. 859,757 58,345 1.000 919.102
Forestry & Grounds 2730 RoadslStreets 622,316 1.240,666 1862,982
Library 2610 Libraries 1,841,651 492,434 156,356 2490,441
Recreation 2710 Parks & Rec 2.259,968 528.337 4,420 3.000 2795.725
Parks Maintenance 2731 Parks & Rec, 1.799,316 465.773 7,550 2.272.639
Totals: $ 51,546,223 $ 13.044.674 $ 1.200.352 $ 8,677,846 $ 74469.095
6922% 1752% 1.61%) 11.65O;'c.
14
CITY OF BOYNTON BEACH, FLORIDA
2007/08 ANNUAL BUDGET
WHERE THE MONEY GOES
BREAKDOWN BY CATEGORY
Personnel Services
69.22%
Non-Operating Expenses
11.65%
Capital Outlay
1.61%
Operating Expenses
17.52%
15
I-OPENINGS
ITEM 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 City Clerk's Office
0 August 21, 2007 August 6, 2007 (Noon.) 0 October 16, 2007 October I, 2007 (Noon
[8J September 4, 2007 August 20,2007 (Noon) 0 November 7, 2007 October 15, 2007 (Noon)
0 September 18, 2007 September 3,2007 (Noon) 0 November 20, 2007 November 5, 2007 (Noon)
0 October 2, 2007 September 17,2007 (Noon) 0 December 4, 2007 November 19, 2007 (Noon)
0 Announcements/Presenta tions 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:
Approve a Resolution adopting the proposed millage rate for the Fiscal Year 2007/08.
EXPLANATION: The procedure for fixing the budget and millage is established by Section 200.065, Florida
Statutes. The City customarily establishes its budget and millage rate by the adoption of resolutions. The resolution which
follows this Agenda cover sheet accomplishes that.
PROGRAM IMPACT: NIA
FISCAL IMPACT: N/A
ALTERNATIVES: None,
\
~ //~lJs.
Department Head's Signature
City Attorney
Assistant to City Manager
Department Name
City Attorne~ / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1
2 RESOLUTION R07-
3
4 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
5 FLORIDA ADOPTING A PROPOSED MILLAGE RATE
6 OF 6.4553 FOR THE CITY'S GENERAL OPERATING
7 FUND FOR THE FISCAL YEAR BEGINNING OCTOBER
8 1, 2007 AND ENDING SEPTEMBER 30, 2008
9 ANNOUNCING THE PERCENT, IF ANY, THE
10 PROPOSED MILLAGE RATE EXCEEDS THE ROLLED-
11 BACK RATE; ANNOUNCING THE DATE, TIME AND
12 PLACE OF THE SECOND AND FINAL PUBLIC
13 HEARING ON THE BUDGET AND MILLAGE RATE;
14 PROVIDING FOR SEVERABILITY, CONFLICTS AND
15 PROVIDING AN EFFECTIVE DATE.
16
17 WHEREAS, a tentative budget has been prepared estimating expenses and revenues
i8 of the City of Boynton Beach, Florida, for the ensuing year, with detailed information,
19 including revenues to be derived from sources other than ad valorem levy, and the
20 II administrative staff of the City has made recommendations as to the amount necessary to be
21 appropriated for the ensuing year; and
22 WHEREAS, the City Commission has met and considered the recommendations,
23 the suggested tentative budget, and the proposed millage necessary to be levied to carry on
24 the government of the City for the ensuing year;
25 WHEREAS, the City of Boynton Beach, Florida, has followed the procedures as
26 outlined in Florida Statutes Section 200.065; and
27 WHEREAS, Florida Statutes Section 200.065(5) provides for a ministerial
28 adjustment ofthe aggregate millage rate after receipt of the final tax roll.
29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
30 THE CITY OF BOYNTON BEACH, FLORIDA THAT:
S:\CA\RESO\Budget\2007-08 Budget\Proposed millage - Sept 2007.doc
, I
I
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
2 being true and correct and are hereby made a specific part of this Resolution upon adoption
3 hereof.
4
Section 2.
The proposed Millage Rate for the 2007-2008 Fiscal Year shall be
5 6.4553 (for the General Fund), plus .0250 for Voted Debt Service for a total Proposed
6 Tentative Millage Levy of 6.4803 for the 2007-2008 Fiscal Year.
7
Section 3.
A copy of the tentative budget shall be published in one issue of a
8 newspaper published in Palm Beach County, Florida, and at the same time the public will be
9 notified of a public hearing to be held on the 18th day of September, 2007, at 6:30 P.M. for
10 the purpose of hearing objections or criticisms of the tentative budget and millage. This
11 meeting is for the purpose of setting a final tax levy and final budget.
12
Section 4.
The proposed millage rate is 7.00% below the computed rolled back
13 rate and is the maximum millage rate allowed by a maj ority vote of the governing body.
14
Section 5.
If any clause, section, or other part of this Resolution shall be held by
15 any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or
16 invalid part shall be considered as eliminated and shall in no way affect the validity of the
17 other provisions of this Resolution.
18
Section 6.
This Resolution shall become effective immediately upon passage.
S:\CA\RESO\Budget\2007-08 Budget\Proposed millage - Sept 2007.doc
PASSED AND ADOPTED this
day of September, 2007.
2
3
4
5
6
7
8
9
10
I 1
12
13
14
15
16
17
i8
19 ATTEST:
20
21
22 Janet Prainito, City Clerk
23
24 (Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
S:\CA\RESO\Budget\2007-08 Budget\Proposed millage - Sept 2007.doc
I-OPENINGS
ITEM 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 Citv Clerk's Office Meeting Dates in to Citv Clerk's Office
0 August 21, 2007 August 6, 2007 (Noon.) 0 October 16, 2007 October 1, 2007 (Noon
[8J Septernber 4, 2007 August 20, 2007 (Noon) 0 November 7, 2007 October 15, 2007 (Noon)
0 September 18, 2007 September 3, 2007 (Noon) 0 November 20, 2007 November 5, 2007 (Noon)
0 October 2, 2007 September 17, 2007 (Noon) 0 December 4, 2007 November 19,2007 (Noon)
0 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:
Approve the Resolution adopting the tentative budget for Fiscal Year 2007/08.
EXPLANATION: The procedure for fixing the budget and millage is established by Section 200.065, Florida
Statutes. The City customarily establishes its budget and millage rate by the adoption of resolutions. The resolution which
follows this Agenda cover sheet accomplishes that.
PROGRAM IMPACT: N/ A
FISCAL IMPACT: N/A
AL TERNA TIVES: NONE.
'~ -
---=---y- . /~J~_~
Department Head's slgnature
It ' .-eW,Nfil J/~ 7 01
City Manager's Signature
~
Assistant to City Manager
City Attorney
City Attorney / Finance
Department Name
S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION R07-
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, ADOPTING A
5 TENTATIVE BUDGET FOR THE FISCAL YEAR
6 BEGINNING OCTOBER 1, 2007, AND ENDING
7 SEPTEMBER 30, 2008; PROVIDING FOR
8 SEVERABILITY, CONFLICTS, AND AN EFFECTIVE
9 DATE.
10
11 WHEREAS, a tentative budget has been prepared by the City Manager estimating
12 expenditures and revenues of the City for the ensuing year, with detailed inforn1ation,
13 including revenues to be derived from sources other than ad valorem levy, and he has made
14 recommendations as to the amount necessary to be appropriated for the ensuing year; and
15 WHEREAS, the City Commission has met and considered the recommendations, the
16 suggested budget, and the proposed millage necessary to be levied to carryon the
17 government of the city for the ensuing year;
18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
1911 THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
20
21 being true and correct and are hereby made a specific part of this Resolution upon adoption
22 hereof.
Section 2.
That the tentative budget of the City of Boynton Beach, Florida, for
23
24 the fiscal year beginning October 1, 2007 and ending September 30, 2008, a copy of which
25 is attached hereto, is hereby adopted and the appropriations set out therein are hereby made
26 to maintain and carry on the government of the City of Boynton Beach, Florida. There is
27 hereby appropriated the sum of $74,469,095.00 to the General Fund for the payment of
28 operating expenses and necessary capital outlays for the City Government pursuant to the
29 terms of the above budget.
Section 3.
That there is hereby appropriated the sum of $225.1 71.00 to the
30
3 I interest and sinking fund for the general debt service for the purpose of paying the interest,
32 principal and reserve due on the general obligation bonds of the City not subject to statutory
S:\CA\RESO\Budget\2007-08 Budget\Reso Tent budget - Sept 2007 -.doc
exemptions and for redeeming such bonds as they mature.
2 Section 4. That there is hereby appropriated the sum of $31,437.703.00 to the
3 Capital Improvement Fund for the payment of capital outlays pursuant to the terms of the
4 above budget.
5 Section 5. That there is hereby appropriated the sum of $9.069.660.00 to the
6 Solid Waste Fund for the payment of operating expenses and necessary capital outlays.
7 Section 6. That there is hereby appropriated the sum of $2,972.522.00 to the
8 Golf Course Revenue Fund for operating expenses and necessary capital outlays.
9 Section 7. That there is hereby appropriated the sum of $5.905.035.00 to the
10 Fleet Maintenance Fund for the payment of operating expenses and necessary capital
11 outlays.
12 Section8. That there is hereby appropriated the sum of $1,676.000.00 to the
13 Local Option Gas Tax Fund for the payment of operating expenses and necessary capital
14 outlays.
15 Section 9. That there is hereby appropriated the sum of $28.440.090.00 to the
16 Water and Sewer Utility Fund for operating expenses and necessary capital outlay.
17 Section 10. That there is hereby appropriated the sum of $3,752.875.00 to the
18 Water and Sewer Utility Fund for the purpose of paying debt service due on the Water and
19 Sewer Revenue Bonds, the sum of $1.1 19,850.00 for renewal and replacement and
20 amortization of its Revenue Bond discounts, for a total of $33.3 12.815.00.
21 Section 11. That there is hereby appropriated the sum of $296.3 16.00 to the
22 Warehouse Fund for the payment of operating expenses and necessary capital outlays.
23 Section 12. That there is hereby appropriated the sum of$410,500.00 to Cemetery
24 Fund for the payment of operating expenses and necessary capital outlays.
25 Section 13. That there is hereby appropriated the sum of $4.545.410.00 to the
26 interest and sinking fund for general debt service for the purpose of paying the interest,
27 principal and reserve due on the public service tax bonds of the City not subject to statutory
28 exemptions and for redeeming such bonds as they mature.
29 Section 14. That there is hereby appropriated the sum of $3.526.578.00 to the
30 Self-Insurance Fund for the payment of operating expenses.
S:\CA\RESO\Budget\2007-08 Budget\Reso Tent budget - Sept 2007 -.doc
Section 15.
That there is hereby appropriated the sum of $257,400.00 to the Mass
3
Section 16.
2 Transit Fund for the payment of operating expenses and necessary capital outlays.
That there is hereby appropriated the sum of $727.150.00 to the
4 Recreation Program Revenue Fund for the payment of operating expenses and necessary
5 capital outlays.
6
Section 17.
That there is hereby appropriated the sum of $404,253.00 to the
7 Community Improvements Fund for the payment of operating expenses and necessary
8 capital outlays.
9
Section 18.
That there is hereby appropriated the sum of $13,1 02, I 06.00 to the
11
Section 19.
10 Fire Assessment Fund for the payment of operating expenses and necessary capital outlays.
That there is hereby appropriated the sum of $212,500.00 to the
Public Arts Fund for the payment of operating expenses and necessary capital outlays.
A copy of the tentative budget summary shall be published in one issue of a newspaper
published in Palm Beach County and at the same time the public will be notified of a public
hearing to be held on the 18th day of September, 2007, at 6:30 P.M. for the purpose of
hearing objections or criticisms of the tlnal budget and millage. This meeting is for the
purpose of setting a final tax levy and final budget.
12
13
14
15 "
16
17
18
Section 20.
All delinquent taxes collected during the ensumg fiscal year as
19 proceeds from levies of operation millages of prior years are hereby specifically
20 appropriated for the use of the General Fund.
21
Section 21.
If any clause, section or other part of this Resolution shall be held by
22 any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional
23 or invalid part shall be considered as eliminated and shall in no way affect the validity of the
24 remaining portions of this Resolution.
25
Section 22.
26 repealed to the extent of such conflict.
All Resolutions or parts of Resolutions in conflict herewith are hereby
27
Section 23.
This Resolution shall become effective immediately upon passage.
S:\CA\RESO\Budget\2007-08 Budget\Reso Tent budget - Sept 2007 -.doc
,.~,iN';~~~"""""*""""""",-,'""J'._.,,.,.>
2
PASSED AND ADOPTED this _ day of September, 2007.
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19 ATTEST:
20
21
22 Janet Prainito, City Clerk
23
24 (Corporate Seal)
25
26
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
S:\CA\RESO\Budget\2007-08 Budget\Reso Tent budget - Sept 2007 -.doc
I:\"f Yo J;:o
,'", ,....- -.,
. ... "
;, - -_.' , '>
'Gl \ .... . ...... J:
O,~a"
""0 N \?
VI.-CONSENT AGENDA
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 City Clerk's Office
0 August 21, 2007 August 6, 2007 (Noon.) 0 October 16, 2007 October I, 2007 (Noon
[8J September 4, 2007 August 20, 2007 (Noon) 0 November 7, 2007 October 15,2007 (Noon)
0 September 18, 2007 September 3, 2007 (Noon) 0 November 20, 2007 November 5, 2007 (Noon)
0 October 2, 2007 September 17, 2007 (Noon) 0 December 4, 2007 November 19,2007 (Noon)
0 Announcements/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
RECOMMENDA TION: Approve proposed resolution authorizing and directing the City Manager and City Clerk to execute
a First Amendment to the lnterlocal Agreement between Palm Beach County and the City of Boynton Beach for the Purchase
and Sale of Bulk Potable Water.
EXPLANA nON: This amendment deals primarily with the following features of the agreement:
· Extending the term of the agreement from December 31, 2009 to December 31, 2013
· Adding a Capacity Fee, consisting of a one-time fee to purchase I million gallons per day of permanent capacity, and
an Annual Carrying Cost paid yearly to reserve temporary capacity. The one-time purchase price for I million
gallons per day of permanent capacity is $2,910,000. The Annual Carrying cost paid yearly will be $0.11 per gallon
of capacity needed, in 250,000 gallon increments.
· Establishing a commodity charge of $0.80 per thousand gallons of water used from the present time until January I,
2010.
· Adopting a commodity charge of $1.15 per thousand gallons beginning on January I, 20 10, with a price escalator
adopted for each subsequent year, but not to exceed 3% per year.
PROGRAM IMP ACT: This Amendment is necessary to allow the City the additional time to obtain water use permits and
construct the necessary facilities in compliance with the recent Water Availability Rule recently approved by the South
Florida Water Management District. Under that rule, the City's surficial aquifer allocation may be reduced by up to 7.8 MGD
thereby drastically changing the water supply options expressed in the City's adopted 2006 Water Supply Strategy document.
FISCAL IMP ACT: A one-time capacity fee of $2,91 0,000, payable from the Utilities water Capital Facilities Charge
Account; plus recurring fees for capacity reservation and commodity charge om t Utilities Operating Fund Account.
Assistant to City Manager
Department Name
City Attorney / Finance
S:\BULLETlN\FORMSIAGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION NO. R07-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND DIRECTING THE
5 CITY MANAGER AND CITY CLERK TO EXECUTE A
6 FIRST AMENDMENT TO THE INTERLOCAL
7 AGREEMENT BETWEEN PALM BEACH COUNTY
8 AND THE CITY OF BOYNTON BEACH FOR THE
9 PURCHASE AND SALE OF BULK POTABLE WATER;
10 AND PROVIDING AN EFFECTIVE DATE.
11
12 WHEREAS, the City Commission approved an Agreement dated December 21,
13 2004, for the purchase and sale of bulk potable water; and
14 WHEREAS, the City of Boynton Beach and Palm Beach County desire to amend the
15 Agreement; and
16 WHEREAS, the City Commission of the City of Boynton Beach, upon
17 recommendation of staff, deems it to be in the best interests of the residents and citizens of
18 II the City of Boynton Beach to approve the First Amendment to the Interlocal Agreement
19 between the City of Boynton Beach and Palm Beach County for the Purchase and Sale of
20 Bulk Potable Water.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23
Section 1.
Each Whereas clause set forth above 1S true and correct and
24 incorporated herein by this reference.
25
Section 2.
The City Commission of the City of Boynton Beach, Florida, upon
26 recommendation of staff, hereby authorizes and directs the City Manager and City Clerk to
27 execute the First Amendment to the Interlocal Agreement between Palm Beach County and
28 City of Boynton Beach for the Purchase and Sale of Bulk Potable Water, which First
29 Amendment is attached hereto as Exhibit "A",
S:\CA\RESO\Agreements\lnterlocals\lnterlocal Agreement PBC -1st Amendment Bulk Potable Water (2007).doc
Section 3.
That this Resolution shall become effective immediately upon
2 passage.
3 PASSED AND ADOPTED this _ day of September, 2007.
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
S:\CA\RESO\Agreements\lnterlocals\lnterlocal Agreement PBC -1st Amendment Bulk Potable Water (2007).doc
FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN
PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR THE
PURCHASE AND SALE OF BULK POT ABLE WATER
THIS FIRST AMENDMENT made and entered into this day of
2007, by and between PALM BEACH COUNTY, a political subdivision of the State of
Florida (hereinafter "County"), and the CITY OF BOYNTON BEACH, FLORIDA, a
municipality organized under the laws of the State of Florida (hereinafter "City").
WITNESSETH
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida lnterlocal
Cooperation Act of 1969" authorizes local governments to make the most efficient use of
their powers by enabling them to cooperate with other localities on a basis of mutual
advantage and thereby to provide services and facilities that will harmonize geographic,
economic, population and other factors influencing the needs and development of local
communities; and
WHEREAS, the City wishes to purchase bulk Potable Water from the County for
distribution and sale to customers solely within the City's Potable Water service area; and
WHEREAS, the County wishes to sell the City bulk Potable Water pursuant to the
terms and conditions of the Agreement dated December 21, 2004 for the purchase and sale
of bulk potable water, as modified by this First Amendment; and
WHEREAS, the parties desire to amend the Agreement as set forth herein.
NOW, THEREFORE, for and in consideration of these premises, the mutual
undertakings and agreements herein contained and assumed, County and City hereby
covenant and agree as follows:
1. The foregoing statements are true and correct.
2. Section 2 of the Agreement is hereby deleted in its entirety and replaced with the
following:
2. Term. The term of this Agreement shall commence upon execution by both parties
and shall continue in full force and effect until December 31,2013, except for capacity
purchased on a permanent basis, which shall continue indefinitely.
3. Section 4(b) of the Agreement is hereby deleted in its entirety and replaced with the
following:
(b) "Capacity Fee" - A one-time fee to be paid by City to County to reserve permanent
capacity in the County's Potable Water System or an Annual Carrying Cost amount
paid yearly to reserve temporary capacity in the County's Potable Water System.
The Capacity Fee assessed to the City shall be based upon the Potable Water flow
that the City desires to reserve in the County's Potable Water System. This fee is
assessed irrespective of the actual quantity of Potable Water flowing through the
various Points of Connection;
4. Section 4(d) of the Agreement is hereby deleted in its entirety and replaced by the
following:
(d) "Commodity Fee" - A fee to be paid by City to County on a monthly basis which is
intended to recover County's variable cost of producing and supplying Potable
Water to the City at the various Points of Connection. This fee is assessed per one
thousand (1,000) gallons of Potable Water delivered by County to the various
Points of Connection;
5. Section 7 of the Agreement is hereby deleted in its entirety and replaced by the
following:
7 Capacity Reservation. County shall provide City with Potable Water at the varying
flow rates required by the City, not to exceed five million (5,000,000) gallons per
day (5 MGD). Within thirty (30) days of the Effective Date of this Agreement, the
City shall pay the County a bulk Potable Water Capacity Fee of$2.91 per gallon for
I MGD of permanently reserved capacity (for a total of$2,910,000.00). In addition,
the City may reserve additional temporary capacity by paying an Annual Carrying
Cost at the rate of $0.11 per gallon per year. As the minimum daily quantity of
water to be purchased under this Agreement (on a take-or-pay basis) is 2 MGD
calculated on an annual basis, the City shall be required to have permanent and
temporary capacity totaling at least 2 MGD throughout the term of this Agreement.
For the first year of this Agreement, the City elects to purchase 1 MGD of
additional temporary capacity. Within thirty (30) days of the Effective Date of this
Agreement the City shall pay the County for the first year of this additional
temporary capacity. In each subsequent year, the City shall notify the County in
writing, at least sixty (60) days prior to the anniversary date of this Agreement, of
the amount of Potable Water in two hundred fifty thousand (250,000) gallon
increments that the City is interested in reserving during the subsequent twelve (12)
month period, and pay the Annual Carrying Cost for the capacity it has requested to
reserve. The City may also, at any time during this Agreement, reserve additional
permanent capacity by paying the bulk Potable Water Capacity Fee of $2.91 per
gallon, in two hundred fifty thousand (250,000) gallon increments. The Average
Daily Flow rate during any twelve (12) month period shall not exceed the capacity
reserved. If such flow is exceeded, the City shall pay an additional Annual
Carrying Cost of $0.11 per gallon for the excess capacity used. The Annual
Carrying Cost shall be fixed through December 31, 2013. The County is under no
duty to provide more than five million (5,000,000) gallons of Potable Water per
day, but may, at its sole discretion, provide Potable Water at a higher flow rate if
requested by the City.
6. Section 8 of the Agreement is hereby deleted in its entirety and replaced by the
following:
2
8 Commodity Fee. In accordance with the December 21,2004 Agreement between
the County and the City, the initial monthly Commodity Fee shall be $0.80 per
thousand gallons. In accordance with the December 21, 2004 Agreement between
the County and the City, on January I, 2010, the monthly Commodity Fee shall
increase to the total of $1.15 per thousand gallons plus an upward adjustment
calculated beginning January I, 2006, in an amount equal to the prior year's
(measured October to October) Consumer Price Index, all Urban Consumers,
Water and Sewerage Maintenance, published by the U.S. Department of Labor,
Bureau of Labor Statistics ("CPI") or some other mutually agreed-upon index if
the CPI is discontinued, but in no case shall the escalation exceed three percent
(3%) annually. Beginning on January I, 2011, and for each calendar year
thereafter, this Commodity Fee shall be adjusted upward by an amount equal to
the prior year's CPI (measured October to October) or some other mutually
agreed-upon index if the CPI is discontinued, but in no case shall the escalation
exceed three percent (3%) annually.
The Existing Points of Connection shall be used collectively and in common to
more evenly distribute the Potable Water flows from the County's Potable Water
System into the City's Potable Water System. Any construction costs required to
upgrade the Existing Points of Connection to meet the requirements of this
Agreement shall be shared by the County and the City. The minimum quantity of
Potable Water to be purchased by the City shall be 2 MGD calculated on an annual
basis through December 31,2013, regardless of actual usage.
7. Section 13 of the Agreement is hereby deleted in its entirety and replaced by the
following:
13. Water Interconnect Agreement: The City and County are currently parties to a
1996 Water Interconnect Agreement, dated 5/7/96 (County Resolution No. 96-567D),
establishing provisions for the emergency purchase and sale of Potable Water through the
Existing Points of Connection. The Water Interconnect Agreement is incorporated herein
by reference, except that the rates set forth in Section 6 of the Water Interconnect
Agreement are amended as follows: The parties agree that in the event that requires the City
to provide Potable Water to the County, the commodity rate paid by the County to the City,
shall be the same Commodity rate that the City is required to pay to the County as set forth
in this Agreement.
8. Section 20 of the Agreement is hereby deleted in its entirety and replaced by the
following:
20. Termination. The parties hereto expressly covenant and agree that in the event
either party is in default of its obligations herein, the party not in default shall
provide to the party in default ninety (90) days written notice to cure said default
before exercising any of its rights as provided for in this Agreement. Failure to
cure said default within ninety (90) days following notice may be grounds for
termination of this Agreement. Termination of this Agreement by either party
'"
.)
shall require thirty (30) days prior written notice to the other party prior to the
termination date. The parties may mutually agree to extend the time for cure
and/or termination.
9. All other provisions of the Agreement are hereby confirmed and shall remain in full force
and effect.
(THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK)
4
IN WITNESS WHEREOF, County and City have executed or have caused this
Agreement to be duly executed in several counterparts, each of which counterpart shall
be considered an original executed copy of this Agreement.
ATTEST:
Sharon R. Bock, Clerk and Comptroller
PALM BEACH COUNTY, BY ITS
BOARD OF COUNTY
COMMISSIONERS
By:
Clerk
By:
Addie L. Greene, Chairperson
(SEAL)
APPROVED AS TO FORM AND TO
LEGAL SUFFICIENCY
APPROVED AS TO TERMS AND
CONDITIONS
By:
County Attorney
By:
Director of Water Utilities
ATTEST:
CITY OF BOYNTON BEACH,
FLORIDA
By:
Clerk
By:
APPROVED AS TO FORM AND TO
LEGAL SUFFICIENCY
By:
City Attorney
5
~".\-r.'!.........OJ>-
. .. ...... 1.
o . J..1.1
J-. './ '"
'V7'o~0~
CII.-ANNOUNCEMENTS & PRESENTATIONS
[tern 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 City Clerk's Office
D August 21, 2007 August 6,2007 (Noon.) D October 16, 2007 October 1,2007 (Noon
Sl September 4, 2007 August 20, 2007 (Noon) D November 7, 2007 October 15,2007 (Noon)
U September 18, 2007 September 3,2007 (Noon) D November 20, 2007 November 5, 2007 (Noon)
D October 2, 2007 September 17,2007 (Noon) D December 4, 2007 November 19,2007 (Noon)
~ 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
D Public Hearing D
RECOMMENDA TION: Presentation of a Certificate of Appreciation to the City of Boynton Beach in appreciation
for outstanding support of D Company 2-327 of the 10151 Airborne and selfless service and devotion to the soldiers and
their families.
EXPLANATION: On February 18,2003, the City Commission passed a resolution re-affirming the adoption ofD
Company (Delta Demons) of the 2/327 Infantry, 10151 Airborne Division (AASLT). Since that time, our adopted
soldiers have been deployed twice overseas to Iraq. The community wide effort to send letters and care packages to
our troops overseas have continued through both deployments and members of the Delta Demons have sent return
letters thanking the citizens of Boynton Beach for their patriotic show of support. We have had two July 41b visits, one
in 2004 and one in 2007, from soldier representatives of our adopted unit, and city liaisons have also visited our
adopted unit as honored guests at the 101s1 army base in Ft. Campbell, KY. We will continue our support of the Delta
Demons as they leave for their third deployment to Iraq at the end of September, 2007.
PROGRAM IMPACT: NA
FISCAL IMPACT: N/A
AL TERNA TIVES: Not allow the presentation.
4&~
City anager's Signatur~
Assistant to City Manager ~
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
APPLICANT ELIGIBLE FOR APPOINTMENT 09/04/07
NAME FIRST NAME 1 st CHOICE 2nd CHOICE 3rd CHOICE APPLICATION
SUBMITTED
Ba rnes Matthew Planning & Arts Commission 03/05/07
Development Board
Cwynar William Planning & 02/28/07
Development Board
Glinski Bonnie Cemetery Board 08/24/07
* * * Leuchter Kurt Veterans Advisory 5/9/07
i Commission
I
***Kurt Leuchter lives outside the City limits. The Veterans Advisory Commission does
allow one regular member and one alternate member to reside outside the City limits.
Those two positions are currently filled.
S.\CC\WP\BOARDS\APPMENTS\Board Year 2007\APPLlCANTS ELIGIBLE FOR APPOINTMENT 09-04-07.doc
1
VI.-CONSENT AGENDA
ITEM B. f
't((' ;.,;\ (:'"
;/ v '
. ,
I (fl I .4. I'
\ ['\ i,J
'. ..<)
. ~,,~ () 'V,<
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
D August 21, 2007 August 6, 2007 (Noon.) D October 16, 2007
~ Septernber 4, 2007 August20,2007 (Noon) D Novernber 7, 2007
D Septernber 18, 2007 Septernber 3, 2007 (Noon) D Novernber 20, 2007
D October 2, 2007 Septernber 17,2007 (Noon) D December 4, 2007
Date Final Form Must be Turned
in to City Clerk's Office
October 1, 2007 (Noon c::::>
-J
October 15, 2007 (Noon~
en
November 5, 2007 (Noon&
November 19, 2007 (No~
.:r::-
D D <:::)
AnnouncementslPresentations City Manager's Report en
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: Request the authorization to restore two sections of 8" sewer mains on Quantum Boulevard by
utilizing the Polk County Board of County Commissioners Bid no. 06-133 which was awarded to Killebrew, Inc. of Lake land,
Florida. The anticipated cost for this repairis $218,314.68.
EXPLANATION: The two failing sections ofsewer main are located on Quantum Blvd. near Lift Station 511 and Parkside
Town Homes. The pipe1ining in these sections of sewer main has failed. To avoid expensive restoration costs and disruptive
traffic diversions and congestion, an alternative to conventional construction methods has been chosen. Pipe bursting
separates the existing lined pipe and allows a new 8" High Density Polyethylene (HDPE) pipe to be placed in the existing
path ensuring the proper grade and/or slope.
PROGRAM IMPACT: The Utility Department recommends pipe bursting as the most effective method of pipeline
restoration with the least disruption to surrounding neighborhoods.
FISCAL IMP ACT: The funds for this project are available in the Renewal and Replacement Account number
403-5000-590-96-04, Project number SWR064. The anticipated cost for this repair is $218,314.68.
ALTERNATIVE: Not replacing the failing sewer pipeline could result in very expensive restoration and remediation at a
late< da". I )
~~L ~
istan irector of Finance City Manager's Signature
Procurement Services
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
r)
0--1
-\'"
--<~o
<"") -"
:--'q~
~~-<
...........z
1,)1--1
o
0:;;:::
..."
..."C:O
- f'T1
n::>
f'T1("')
::I:
Memorandum
Utilities #07-107
10:
BOboyJenKTns----~--------.....-
Assistant Finance Director
From:
Kofi Boateng, PE. ~.-{Jr /<.4~J
Utility Director
Date:
July 25, 2007
Subject:
"Piggy-back" Polk County Board of Commissioners
Bid # 06-133, Pipe Bursting Rehabilitation
Agenda Item
The Utilities Department would like to utilize the Polk County Board of County
Commissioners bid #06-133 awarded to Killebrew Inc. of Lakeland, Florida. The
Utility Department is recommending pipe bursting as a pipeline repair method for
restoring two sections of 8" sewer main on Quantum Blvd.
The location of the two sections are on Quantum Blvd. near Lift Station # 511
and Parkside Townhomes. The problem with the two existing sections of sewer
main is an old pipelining process that has failed inside the pipe. To avoid
expensive conventional construction methods, restoration costs and traffic
congestions and diversions, a less disruptive alternative to remove the failed liner
has been chosen. Pipe bursting the existing line will separate the existing lined
pipe and make room for brand new 8" High Density Polyethylene (HOPE) pipe to
be pulled along the existing path. The pipe bursting of the existing pipe and
separating it creates a conduit for the new pipe to follow and ensures the new
pipe maintains the proper grade or slope.
Killebrew's cost for the repair is $218,314.68. Funding is available in account #
403-5000-590-96.04 SWR064. Attached is the proposal, bid documents and a
map of the construction site.
Please present this at the' next Commission meeting for their approval. If you
have any questions you can contact me at ext. 6401 or Tony Lombardi at ext.
6421.
TLlkb
Attachments
Xc: Pete Mazzella
Barb Conboy
Tony Lombardi
Dan Spooner
George Peck
File
07/18/2007 15:51
8537010521
KILLEBREW INC
PAGE 01
-----Si-te-De-v-eJGpm.-m-t-Lltiliqcco:ostmc:ti.on.&Engineerin~----
July 18, 2007
Mr. Anthony J. Lombardi
Utility Maintenance Manager
City of Boynton Beach
Utilities Department
124 E. Woolbright Road
Boynton Beach, FL 33435
RE: Quantum Commerce Park Sewer Upgrade Area 1
Fax No. (561) 742-6298
Dear Mr. Lombardi,
The purpose of this letter is to provide consent from Killebrew, Inc. for the City of
Boynton Beach to utilize its annual contract with Polk County Board of County
Commissioners for pipe bursting services, titled "Pipe Bursting Rehabilitation Bid
06-133" for construction of the referenced project, and to verify language
included in this contract allows. other governmental agencies to utilize this
contract for these services. A copy of this contract has previously been provided
to the City of Boynton Beach. Please reference page 9, titled "Signature
Acknowledgement." The next to the last statement on this page is the statement
allowing other governmental agencies to utilize this contract It required a "yes" or
"no" or "N/A" answer from Killebrew, Inc., as the bidder. Please note it is checked
"yes" which allovys its use by other governmental agencies, in this case the City
of Boynton Beach.
Once a purchase order is issued to Killebrew, Inc_, an insurance certificate will be
procured for this project naming the City of Boynton Beach as additional insured.
and a copy will be forwarded to the City of Boynton Beach.
I trust this information is satisfactory. If additional information is needed, please
call me at your earliest convenience.
William C. Thomas, IV, PhD, PE
Vice-President/General Manager
P. O. Box 6258 · Lakeland. Florida 33807-6258 · Phone: (863) 701-0273 . Fa,;: (863) 701-9204
\
.....
en
~ ...
~
.c
CD
c.
.-
a.
0 0 0 0000 0;
0 0 0 000 0 0
00 0 000 0 0
00 0 000 0 0
+ 00 (") coooo 0
~ c:: '<1"(") ~ ~ ~ ~ ~
~ '" N
0 a: ~
N
lfl
0 00 0
0 00
0_ 00 0
~ 0 LCiLCi 0
~ 0 NCO 0
0 c:: LO ~ ~
N '" I'-
<:; a:
~
0
N
lfl
0 00 00 0 0
0 00 0
0_ 00 0 0
0 0 LO-LCi LO- 0
~ 0 NCO N LO
0 c:: LO ~ ~ (")
N '" CO
a; a:
0
0
N
lfl
0 00 0 00 00 0
00 0 00 00
00 0 00 00 0
'" 00 LCi LCiLCi oLCi 0
0 0 '<I" N NCO I'- (") 0
0 c:: LO ~ ~ ~ CO
N '" 0
CO a:
0 ~
0
N
en lfl
W
0:: 000 0 00 00 0
:;) 000 0 00 00
000 0 00 00 0
t: co 000 0 LCiw 00 0
:I: 0 0 1>> 0 -.;;t ('f') 0 NtO CO to ~
0 0
U N c>LO~ LO. ~ ~
Z ;::: "t:I ~ to
<C w :::I N
I- Z 0 lJJ
W a.. 0
w 0 N
co >< <.!)
Z w i= lfl
0 <C
0 I- :;) 000 0 0 00 00
I- Z co I- 0 0 00 00 0
Z w 0:: o. o. 00 00 0
0
>- :ii: co 0 t- "t:I 0 0 LCicO COO
0 0 $ 0 (") NCll (") N ~
0 W a.. 0 '" '<I" ~ ~
0 N I'-
co > N en CD ~
t::: z 0
0 0 '"
u. 0:: 0 C2 N W
0 a.. 0 lfl
>- :ii: N l-
t: 0 00 0 00 00 0
0 00 0 00 00
U ..J 000 0_ 00 0.0 0
<C OOW LCiai 0
t- o coo
t: 0 iii 0 '<1"1'- 0 NI'- (") N CO
0 C> '<I" ~ (") ~ ~ I'-
N N
a.. CD "t:I
<C 0 :::I ~
U 0 lJJ
N
lfl
Q)
~
:::I
0
en
Cl
r:::
Qi
w
:E
!!: r:::
U 0
CO'(ii
01/)
,.:. .E
g E
N 0
"t:IU
W.....
1/)0
0-
0.'<1"
og
....'"
0.0
:z
o
t=
0.. (/)
ii: W
~ ~ ~
~.s ~ *
~~:::l ~
ccuC>2(/)
co ::"~ en (j)
c:: .~, ~ 0 0
2(/)oUu
.~ g 0 ~ OJ
:2'g-g~.5:
Qi'$.eQiJ:
OJ ro = .- I-
~~&a~
(j)U)
OJro c
(/) ~, UJ, 0
~ ~ ~
ro c 0
~ OJ ?;~~~ CD
U-c ?;OJ>OJ<r:gCDCD_~~~
UJ .C > (5 .2: "0 c ~ >0 -s. OJ OJ OJ
.- U. (l) O'C 0 c ~ CO CO 'cl Q: g ~
al~~ OJCl~_~OJ~~.occc
.0 ~ u 1ij ~c ~ :> ~ 2 2 "0 R, 0 ,~
C: ;;> ro .- ro OJ 0 :> .- ro ro 0 '-' U '-'
"O~g~9.....-'~tfU?~qq~Z(/)(/)
co ~ oc (l) ~ ~ ~ ~ ~ ~ ~ ~ 00 ~ ~ ~
o z .- .- .- .- .- .- .-'- > > > >
a:, "~~g.g.~~~~~o.i5.e.
~~~~~~~~~~~~.s.s.s.s
1ij ~ ~ ~ 91. 91. ~ ~ !!!. 91. ~ OJ 1ij.~.~ .~
~ OJ OJ OJ ~'~' -0" -0' ~" ~' -0" ~ '6 "0 "0 "0
o~~~&i&i&i&i&i&i&i&i~~~~
Sl\-rvo;:.
I ' . "t,
f \
I ' . " \
tD \- - - - -- ):r
\ -
0\___,. .... ,., /U
;. -'. ./ "
'" '"- ._..? "'"
7""01'1 C
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM C.l.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D August 21, 2007 August 6, 2007 (Noon.) D October 16, 2007 October I, 2007 (Noon
0 September 4, 2007 August 20, 2007 (Noon) D November 7, 2007 October 15, 2007 (Noon)
D September 18,2007 September 3, 2007 (Noon) D November 20, 2007 November 5, 2007 (Noon)
D October 2, 2007 September 17, 2007 (Noon) D December 4, 2007 November 19,2007 (Noon)
NATURE OF
AGENDA ITEM
D
D
D
D
D
AnnouncementslPresentati ons
Administrative
Consent Agenda
Legal
Unfinished Business
C>
-..J
:x:-
C
G"")
r)
n-l
-1-<
-~o
n""TJ
;-co
""0
~-<
--.'Z
):> ui-i
::l: 0
0-
0:> :." .....
.. ""TJro
RECOMMENDATION: 0 n!;;
Approve Resolution No. 07-_ to authorize the City Manager and City Clerk to execute an agreement b~een'~
City of Boynton Beach and the Tuscany Bay Homeowners' Association, Inc. to share the purchase cost and use of an
emergency diesel-powered pump at a City lift station.
Code Compliance & Legal Settlements
Public Hearing
D
D
D
D
D
City Manager's Report
New Business
-..J
EXPLANATION:
The subject agreement wiI\ allow the Tuscany Bay Homeowners' Association, Inc. and the City of Boynton Beach to
each contribute 50% of the purchase price of a new diesel-powered pump that will be permanently installed at the
City's lift station no. 927, and sized to operate the lift station during power outage emergencies. The pump will be
self-priming, and sized to accommodate the entire sewage flow from the development.
The City will purchase, install and maintain the pump for at least 10 years, whereas the Tuscany Bay Homeowners'
Association will reimburse the City for its share of the purchase price.
PROGRAM IMP ACT:
This agreement will allow cost-sharing, and the installation of an additional pump that will allow this lift station to
continue functioning during power outage emergencies.
FISCAL IMPACT:
The net cost to the City is currently estimated at $15,000, yielding a potential savings of approximately $15,000 due to
the 50% cost-sharing with the Homeowners Association.
ALTERNATIVES:
Fully fund any emergency equipment to be installed at this station, without assistance from the Residents' Association.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
~..
, .
.. . <..: i- \....;.... ... .. ..>;
4, ..;th\~/
Department Head's Signature ...;
;1--
1lr6Z,~
"' City Manager's SignatUre
Assistant to City Manager ~_
UJ., I,.j, eJ
Department Name
City Attorney / Finance
XC: A~ Peter Mazzella (w/attachment)
, ~ichael Low "
City Attorney
Anthony Lombardi
File
S\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
'"""""'~'''''''-'~'~~>\ii<O~'i#iJ!~'''_>......'''-.'','""'''';",,,",,';;,
1
2 RESOLUTION NO. R07-
3
4
5 A RESOLUTION OF THE CITY COMMISSION OF
6 BOYNTON BEACH, FLORIDA, APPROVING THE
7 AGREEMENT BETWEEN THE CITY OF BOYNTON
8 BEACH AND TUSCANY BAY HOMEOWNERS
9 ASSOCIATION, INC., TO SHARE THE PURCHASE
10 COST AND USE OF AN EMERGENCY DIESEL-
11 POWERED PUMP AT A CITY LIFT STATION AND
12 AUTHORIZING THE CITY MANAGER AND CITY
13 CLERK TO EXECUTE SAID AGREEMENT; AND
14 PROVIDING AN EFFECTIVE DATE.
15
16
17 WHEREAS, the Agreement with the Tuscany Bay Homeowners Association, Inc.,
18 will allow both parties to each contribute 50% of the purchase price of a new emergency
19 diesel-powered pump that will be permanently installed at the City's lift station No. 927; and
20 WHEREAS, the pump will be self-priming and sized to accommodate the entire
21 sewage flow from the development; and
22 WHEREAS, the City Commission of the City of Boynton Beach deems it in the best
23 interest, health, safety and welfare of the citizens and residents of Boynton Beach to enter into
24 the Agreement with Tuscany Bay Homeowners Association, Inc., for sharing the purchase
25 cost and use of an emergency diesel-powered pump to be installed at a City lift station.
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
28
Section 1.
Each Whereas clause set forth above ]S true and correct and
29 incorporated herein by this reference.
30
Section 2.
The City Commission of the City of Boynton Beach, Florida hereby
31 approves and authorizes the City Manager and City Clerk to execute the Agreement between
S:\CA\RESOlAgreements\Agmt with Tuscany Bay (Emergency pump).doc
the City of Boynton Beach and Tuscany Bay Homeowners Association, Inc., for sharing the
2 purchase cost and use of an emergency diesel-powered to be installed at a City lift station, a
3 copy of said Agreement is attached hereto as Exhibit "A".
4
Section 3.
That this Resolution shall become effective immediately upon passage.
5
PASSED AND ADOPTED this _ day of September, 2007.
6
7
8
9
10
11
12
13
14
15
16
17
181
19
20
211
22
23
24
25
26
27
28 ATTEST:
29
30
31
32 Janet M. Prainito, CMC
33 City Clerk
34
35
36 (Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor -- Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner -- Mack McCray
Commissioner - Carl McKoy
37
38
S:\CA \RESOv\greements\Agmt with Tuscany Bay (Emergency pump).doc
AGREEMENT TO PROVIDE SEWAGE PUMP
IN THE EVENT OF AN EMERGENCY
mIS IS AN AGREEMENT, dated the 13th day of August, 2007, by and between:
THE CITY OF BOYNTON BEACH, a municipal corporation, organized and operating under the laws of the State
of Florida, with a business address of 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33425, hereinafter
referred to as "CITY";
And
THE TUSCANY BAY HOMEOWNERS ASSOCIATION, INC., a Florida not-for-profit corporation, authorized to
do business in the State of Florida, with a business address of 5087 Palazzo Place, Boynton Beach., Florida, hereinafter
referred to as "TBHOA".
WITNESSETH
WHEREAS, TBHOA is a Homeowners Association that owns property located at 5087 Palazzo Place, Boynton Beach.,
Florida and additional common areas as descn'bed in the documents filed with the County of Palm Beach, Florida and,
WHEREAS, TBHOA desires to have the CITY provide a diesel powered pump to be used to operate CITY's Lift Station
number 927 in the event of an emergency, or other natural or man-made disaster; and
WHEREAS, the parties hereto have concluded that the most efficient manner in which to achieve the purposes and goals set
forth above would be through the entering of this Agreement; and,
NOW, THEREFORE, in consideration of the mutual promises contained herein and Ten and no/lOO ($10.00) Dollars and
other good and valuable considerations, the receipt, sufficiency, and adequacy of which is hereby acknowledged, the parties hereto
agree as follows:
1.0 The aforesaid recitals are true and correct and are incorporated herein.
2.0 Puroose. The purpose of this Agreement is to authorize the CITY to provide an emergency pump to the TBHOA in
the event of an emergency or other natural or man-made disaster.
3.0 ResooDSibilities and Obli2ations:
3.1 CITY shall purchase a diesel powered pump of a sufficient size and power to operate the CITY's Lift Station
Number 927.
3.2 CITY will purchase the diesel powered pump, and TBHOA will provide CITY with one-half of the purchase price
upon the presentation of an invoice by CITY.
3.3 The diesel powered pump will be installed within the CITY's utility easement and will be instaUed, owned,
maintained and operated by CITY.
3.4 CITY will be responsible for installing the diesel powered pump permanently, facilitating all connections to its lift
station, and periodically testing the diesel powered pump.
4.0 Term and Termination. This Agreement shall renew from day-to-day, unless otherwise terminated in accordance with the
terms hereof. This Agreement shall terminate ten (10) years after the date on which the CITY installs the diesel powered
pump, or when the diesel powered pump is no longer capable of being repaired cost-effectively (Le. the cost of repair would
not exceed 40% of the value ofa replacement unit), whichever occurs later. Notice of termination shall be addressed to the
CITY or TBHOA as provided in this Agreement. UJX>n termination the CITY, at the CITY's option, will remove or replace
said diesel powered pump. Ifth~ CITY opts to replace said diesel powered pump a new agreement shall be required for
continued service to TBHOA's faCilities.
5.0 Indemnification. The TBHOA agrees to indemnitY and hold harmless the CITY, its trustees, elected and appointed officers,
agents, servants and employees, from and against any and all claims, demands, or causes of action whatsoever, and the
resulting losses, costs, expenses, reasonable attorneys' fees, liabilities, damages, orders, judgments, or decrees, sustained by
Page I of4
the CITY or any third party arising out of, or by reason of, or resulting from the TBHOA's negligent acts, errors, or omissions
related to the performance of obligations pursuant to this Agreement..
CITY is a state agency or subdivision as defIned in Chapter 768.28, Florida Statutes, and agrees to be fully responsible for
acts and omissions of its agents, contractors, or employees to the extent permitted by law. Nothing herein is intended to servi'
as a waiver of sovereign immunity by the CITY. Nothing herein shall be construed as consent by the CITY to be sued b;;
third parties in any matter arising out of this Agreement or any other contract.
6.0 Default. In addition to the other remedies which CITY may have specifIcally set forth in this Agreement in the event of
EITHER party's default, EITHER party shall be entitled to equitable relief to enforce the terms and conditions of this
Agreement either through a decree for specific performance or injunctive relief.
7.0 Notice. Any notice, request, demand. instruction or other communication to be given to either party hereunder, except where
required to be delivered at the Closing, shall be in writing and shall be hand delivered or sent by Federal Express or a
comparable over-night mail service, or mailed by U.S. Registered or CertifIed Mail, return receipt requested, postage prepaid,
to CITY, TBHOA, CITY's Attorney and TBHOA's Attorney, at their respective addresses listed below, or by facsimile
transmittal with a receipt certifying delivery:
City:
Copy To:
lBHOA:
Copy To:
Kurt Bressner, City Manager
City of Boynton Beach
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425
Telephone No. (561) 742-6060
Facsimile No. (561) 742-6090
James Cheraf, City Attorney
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Boulevard. Suite 200
Fort Lauderdale, Florida 33308
Telephone No. (954) 771-4900
Facsimile No. (954) 771-4923
Stephen J. Kirschner, President
5087 Palazzo Place
Boynton Beach, FL 33437-2071
Telephone No. (561) 424-0056
Facsimile No. (561) 424-0088
Larry Schner, Attorney of Record for lBHOA
750 South Dixie Highway
Boca Raton, FL 33432
Telephone No.
Facsimile No.
(561) 368-6266
(561) 368-0211
Notice shall be deemed to have been given upon receipt of said notice. The addressees and addresses for the purpose of this
paragraph may be changed by giving notice. Unless and until such written notice is received, the last addressee and address
stated herein shall be deemed to continue in effect for all purposes hereunder.
8.0
Assi2nment.
9.0 Miscellaneous.
The Contract shall not be assignable by either party.
9.1 Counteroarts. This Agreement may be executed in any number of counterparts, anyone and all of which shaU
constitute the contract of the parties. The paragraph headings herein contained are for the purposes of identificatior
only and shall not be considered in construing this Agreement.
Page 2 of 4
9.2 Amendment. No modification or amendment of this Agreement shall be of any force or effect unless in writing
executed by both TBHOA and CITY.
9.3 Attornevs' Fees. If any party obtains a judgment against any other party by reason of breach of this Agreement,
attorneys' fees and costs shall be included in such judgment.
9.4 Governine: Law. This Agreement shall be interpreted in accordance with the laws of the State of Florida, both
substantive and remedial.
9.5 Entire Ae:reement. This Agreement sets forth the entire agreement between TBHOA and CITY relating to the
Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings
and agreements, written or oral, between the parties.
9.6 Comoutation of Dates. If any date computed in the manner herein set forth falls on a legal holiday or non-business
day or non-banking day, then such date shall be extended to the first business day following said legal holiday or
non-business day or non-banking day.
9.7 Time is of the Essence. Time is of the essence and failure of the CITY to exercise the option granted hereby on or
before the Option Acceptance Date shall cause this Agreement to terminate and be of no further force or effect. The
provisions herein contained shall be strictly construed for the reason that both parties intend that all time periods
provided for in this Agreement shall be strictly adhered to.
9.8 No Recordine:. Neither this Agreement nor any notice or memorandum hereof shall be recorded in the public
records of any county in the State of Florida
9.9 Interoretation. Should any term or provision of this Agreement be subject to judicial interpretation, it is agreed by
TBHOA and CITY that the court interpreting or construing the same shall not apply a presumption that the term or
provision shall be more strictly construed against the party who itself or through its agents and attorneys of each
party have participated in the preparation of the terms and provisions of this Agreement and that all terms and
provisions have been negotiated.
9.10 Caotions. Headine:s. Etc. Captions, headings, section and subsection numbers in this Agreement are for
convenience and reference only, and shall have no effect upon the meaning of any of the terms or provision herein.
9.11 Waiver. Failure of either party to insist upon compliance with any term or provision hereof shall not constitute a
waiver thereof, and no waiver of any term or provision of this Agreement shall be effective unless it is in writing
and signed by the party against whom it is asserted. Any waiver of any term or provision of this Agreement shall
only be applicable to the specific term or provision and instance to which it is related, and shall not be deemed to be
a continuing or future waiver as to such term or provision or as to any other term or provision.
9.12 No Third Pam Beneficiarv. The terms and provisions of this Agreement are for the exclusive benefit ofTBHOA
and CITY, and not for the benefit of any third party, and this Agreement shall not be deemed to have conferred any
rights, express or implied, upon any third party.
9.13 Additional Documents. The PARTIES hereby agree from time to time to execute and deliver such further
documents and do all matters and things which may be convenient or necessary to more effectively and completely
carry out the intentions of this Agreement. TBHOA hereby represents to CITY, with full knowledge that CITY is
relying upon these representations when entering into this Agreement with TBHOA, that TBHOA has sole interest
in the Property and that no other person, entity, or mortgagee has any interest in said Property.
9.14 Lee:.al Reoresentation. It is acknowledged that each party to this Agreement had the opportunity to be represented
by counsel in the preparation of this Agreement, and accordingly, the rule that a contract shall be interpreted strictly
against the party preparing same shall not apply due to the joint contrIbution of both PARTIES.
IN WITNESS WHEREOF, the PARTIES hereto have made and executed this Agreement on the respective dates Wlder each
signature: the CITY through its City Commissioners, signed by and through its City Manager, authorized to execute same by City
Commission action on the _ day of ,2007, and TBHOA, by and through the Wldersigned officers duly
luthorized to execute same.
Page 3 of4
CITY
CITY OF BOYNTON BEACH, FLORIDA
ATfEST:
BY:
KURT BRESSNER, CITY MANAGER
JANET PRAINITO, CITY CLERK
APPROVED AS TO LEGAL FORM:
OFFICE OF THE CITY ATTORNEY
WITNESSES:
TBHOA
THE TUSCANY BAY
HOMEOWNERS ASSOCIATION, INC., a
FloriW(ii,t-for-pr t ration,
1 j i')
BY:/
/
/
Stephen J. Kirschner. President
Print Name
54ft f}#tZ
Print Name/l
STATE OF f/{, /<( Oil
/I
COUNTY OF /,1L 111 ')tr1-C ;-/
BEFORE ME r du authorized by law to administer oaths and take acknowledgments, personally appeared Stephen J.
Kirschner, who i rsonally known to m or who has provided as identification, and acknowledged he/she
executed the foregomg n or e use and purposes mentioned in it and is duly authorized to execute the foregoing Agreement on
behalf of The Tuscany Bay Homeowners Association, Inc.
) 3 IN WI~. OF ~ FOREGOING,
~dayof 4iA.~ ,2007.
. ......ftIMI:.........__
. IIrrIn . ill - n_...
IL.......
~ 'lilla' DO .....
.. . ......-......,
My CommISSIon Exp :
I have set my hand., and official seal at in th~ State aI!d-t::ounty aforesaid on this
, ,
;' // ~~/'...
,0t~/
v
lJjJIJ/1( II
DNT:dnt
H:\ 1990\900 I 82.BB\AGMT\Fairmont Place Generator.doc
Page 4 of 4
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM D.
Requested City Commission Date Fina] Form Must be Turned
Meeting Dates in to City Clerk's Office
D August 21, 2007 August 6,2007 (Noon.) D
0 September 4, 2007 August 20, 2007 (Noon) D
D September 18, 2007 September 3, 2007 (Noon) D
D October 2, 2007 September] 7,2007 (Noon) D
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
October] 6, 2007
October], 2007 (Noon
November 7, 2007
October] 5,2007 (Noon)
November 20, 2007
November 5, 2007 (Noon)
Legal
Unfmished Business
):>
-;:,..
C'"')
C'"')-I
:::;-<
-~o
n""TJ
r-co
''''0
~-<
...,....z
(j)~
o
Oz
""TJ
""TJCO
-fTl
n>
l"Tl("')
December 4, 2007
November] 9,2007 (NOOTll::>
-.J
:::-
C
G')
N
o
NATURE OF
AGENDA ITEM
o AnnouncementslPresentations D
D Administrative D
[g! Consent Agenda D
D Code Compliance & Legal Settlements D
D Public Hearing D
City Manager's Report
New Business
N
&""
RECOMMENDATION: Authorize the Financial Service Department to reduce the Allowance for Uncollectible Accounts
by $34,918.02 in the Sanitation Fund and by $24,011.03 in the General Fund.
::I:
EXPLANATION: The City's auditor recommended that various accounts receivable ledgers be reduced on an annual basis
for those aged accounts that are more than one year old. This recommendation will eliminate all outstanding accounts dated
through September 30,2006 from the general ledger. These accounts have already been turned over to our collection agency
(CrediTech) and can still be collected. However, outstanding accounts should not be kept on the City's ledger for more than
one year. Collections received after accounts have been removed from the general ledger will be recorded as revenue (Bad
Debt Recovery). Please note that effective 10101/07, outstanding fIre inspection fees, which totaled $14,970.45, will be
collected by Code Compliance. It is expected that close to 100% of these accounts will be collected in the future.
PROGRAM IMP ACT: Establish an annual process to reduce various accounts receivable ledgers for outstanding accounts
that are more than one year old.
FISCAL IMPACT: This has no impact on the balance sheet of these funds; this is an administrative accounting issue. Both
the Accounts Receivable line item and the Allowance for Uncollectible Accounts will be reduced by the amounts listed above.
ALTERNATIVES: NONE
;;diQfSigna"",
Uz~
City Manager's Signature
Assistant to City Manager C#J
~~
C' 0 y 1 Fmance
Financial Services
Department Name
S:\BULLETIN\FORMS\AGENDA ]TEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
FINANCIAL SERVICES MEMORANDUM
TO:
Kurt Bressner, City Manager
FROM:
Sue Moroney, Revenue Manager
DATE:
August 27, 2007
SUBJECT:
Receivables Collection Procedures
Below lS a flowchart of the city's collection process.
61-90 Days
Final Past Due
Notice Sent out.
3 1-60 Days
Past Due Notice
Sent out.
Over 90 Days
Accounts sent to
collection agency, ..
CreditTech.
Credit Tech
acknowledges receipt
of accounts.
Credit.Tech
remits monthly
paymimtson collected
accounts.
The write off process is an annual accounting procedure done at
fiscal year end, recommended by our auditors. The accounts will
continue to remain at the City's collection agency, Credit Tech.
When collected, the money will be applied to the revenue account
"Bad Debt Recoveries".
Sincerely,
Sue Moroney
Cc Lori Laverriere
Carisse Lejeune
Bobby Jenkins
CITY OF BOYNTON BEACH
SUMMARY SHEET OF WRITE OFFS
TOTAL
Sanitation/Solid Waste Fund
Roll offs/ Special Trash p/u $34,918.02
General Fund
SnackBar Lease Tax/Special Police Detail!
Photocopies $7,308.40
Annual Fire Inspections $14,970.45
Returned Checks(Non Sufficient Funds) $1,732.18
Total $24,011.03
$58,929.05
City of Boynton Beach
Miscellaneous Receivable Write Ofts
10/11105 - 9/30/06
Invoice
Number Date Name Description Amount
SOLID WASTE FUND
15231 11/10/2006 Abel Clean Solutions Roll off 345.00
15884 2/3/2006 Affordable Design Structure Roll off 204.00
16561 5/8/2006 Affordable Design Structure Roll off 27500
16240 4/5/2006 Alar Alex Special p/u 1,000.00
15028 10/5/2005 Allinace, James Roll off 20172
17107 7/7/2006 Amrhein, Chris Roll off 27500
17463 8/24/2006 Angler, Lewis Special p/u 65.00
16011 2/24/2006 Anicette, Samuel Special p/u 41.66
17086 7/7/2006 Baker, Thomas Roll off 205 00
15071 10/5/2005 Baptiste, Jean Roll off 264.00
15521 12/9/2005 Baptiste, Jean Roll off 27500
17658 9/7/2006 Barfield Roofing Roll off 825.00
15340 11/10/2005 Boulevard Manor Nursing Compactor 533.36
15090 10/5/2005 Bryant Summer Roll off 156.36
16663 5/8/2006 Cocrane Ann Marie Special p/u 4500
15888 2/3/2006 DB Wright Industries Roll off 55000
16404 4/20/2006 Deliverance Holy Temple Roll off 550.00
16592 5/8/2006 Deliverance Holy Temple Roll off 275.00
17055 7/7/2006 Deliverance Holy Temple Roll off 275.00
17337 8/4/2006 Demo Doctor Roll off 67500
17094 7/7/2006 Dennis Kovach@Pride 4Floors Roll off 550 00
17313 8/4/2006 Derisca, Levoyant Roll off 27500
15940 2/3/2006 Edmond, Jean Roll off 150.00
15832 2/3/2006 Ericsson inc Roll off 1 1 00 00
16058 3/8/2006 Ericsson inc Roll off 27500
17671 9/7/2006 Fernandez, Andres Roll off 275.00
15086 10/5/2005 Golibart, Doug Roll off 33350
15936 2/3/2006 Guillaume, Max Roll off 205.00
16667 5/9/2006 Guy, Lillian Special p/u 80.00
17005 7/7/2006 Higgins, Joe Roll off 275.00
15889 2/3/2006 Interstate Hospitality Roll off 1,035.00
16101 3/8/2006 Interstate Hospitality Roll off 34500
16520 5/8/2006 Jean-Francois Roll off 20500
15068 10/5/2005 Jones, Doris Roll off 22244
16534 5/8/2006 King Kamren Demolition Roll off 20500
15942 2/3/2006 Live Oak Landscape Roll off 34500
16668 5/9/2006 Madoche, Max Special p/u 60.00
15692 1/4/2006 Master Contractor Roll off 41500
15990 2/9/2006 Mosling, Bernard Special p/u 4000
15272 11/10/2005 One Stop Bldg Roll off 415 00
15679 1/4/2006 One Stop Bldg Roll off 83000
17309 8/4/2006 One Stop New Interiors Roll off 27500
17042 7/6/2006 Panaces Construction Roll off 27500
16380 4/20/2006 Pearl Realty Inn Roll off 55000
17312 8/4/2006 Pearson, Joyce Roll off 27500
16048 3/8/2006 Perry, Walter Roll off 27500
17293 8/4/2006 Piorkowski, Hugh Roll off 27500
15051
16824
17061
17011
15266
15510
15881
16096
16342
17601
16230
15257
15669
17052
17060
16401
16886
17641
16113
16091
15508
16122
15286
15523
17112
15506
16094
16617
16371
17275
15998
17607
16130
16172
15076
City of Boynton Beach
Miscellaneous Receivable Write Offs
10/1/105 - 9/30/06
10/5/2005 Pyramid Construction
6/13/2006 Quality Home Remodeling
7/7/2006 Quality Home Remodeling
7/7/2006 Raven Development
11/10/2005 Real Property Ent
12/9/2005 Real Property Ent
2/3/2005 Real Property Ent
3/8/2005 Real Property Ent
4/20/2006 Real Property Ent
9/7/2006 Robinson, Jason
3/28/2006 Rogers, Micheal
11/10/2005 Royce Builders Co
1/4/2006 Royce Builders Co
7/7/2006 Russell, Louise
7/6/2006 Scarpelli, Justin
4/20/2006 Sicokcki, Chris
6/13/2006 Sports Authority
9/7/2006 Suncoast Stone Inc
3/8/2006 Thunder Autosports
3/8/2006 Tropical Painting & Waterproof
12/9/2005 Trujillo, Alvaro & Angela
3/8/2006 Tufts, Paul
11/10/2005 US Engineering Contractors
12/9/2005 US Engineering Contractors
7/7/2006 Vicente, Jose
12/9/2005 Wallace, Clifford or Cherry
3/8/2006 Wallace, Clifford or Cherry
5/8/2006 Werner, John
4/20/2006 Wessinger, Kent
8/4/2006 Wessinger, Kent
2/16/2006 Willingham, James
9/7/2006 Willonghby, Natalie
3/8/2006 Wilson, Debra
3/8/2006 Winn Dixie #259
10/5/2005 Woodly, Henry
GENERAL FUND
15153 11/8/2005 Partners Plus (Previous Tenant)
16670 5/10/2006 OJ Scalera, Grieco & Scalera
17699 9/20/2006 Klausner & Kaufman PA
16671 5/12/2006 Onier L1opiz, Esq
16931 6/28/2006 Regal Boynton 8(out of business)
16220 3/22/2006 Sandra Adams
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Special p/u
Roll off
Roll off
Roll off
Roll off
Roll off
Compactor
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Special p/u
Roll off
Roll off
Compactor
Roll off
Prop. Tax on Concession Lease
Copies
Copies
Copies
Police Detail
Police Detail
338.00
140.00
345.00
275.00
205.00
820.00
205.00
205.00
205.00
20500
80.00
1,250.00
2,475.00
275.00
275.00
345.00
125.00
580.00
275.00
275.00
205.00
1,035.00
3,450.00
690.00
895.00
.. 8.00
275.00
550.00
275.00
275.00
200.00
275.00
275.00
820.48
194.50
34,91802
3,975.24
9.43
261.65
63.58
2,800.50
198.00
7,308.40
City of Boynton Beach
Returned Checks
10/01/05 - 9/30/06
NOTICE DATE
CK #
PAYEE
AMOUNT
SERVICE
547 Noel, Arielle
266 Hagans, Ralph
120 Wiah, McVilla
1372 Elgersma, Wendy
922 Davidson, Jeffrey
1380 Elgersma, Wendy
109 Smith, Justice
234 Fenner, Lorraine
3006 Mitchner, Pamela
1060 Peak-Lopez, Cynthia
116 Kelly, Eric
635 Garcia, Kimberly
294 Bazzle, William
1023 Wallace, Clifford
403 Rehr, M
10/24/05
12/13/05
01/27/06
03/07/06
03/07/06
03/09/06
04/11/06
04/13/06
04/19/06
04/19/06
05/02/06
05/03/06
06/16/06
08/09/06
09/05/06
300.00 Recreation- Kids Club Camp
25.00 Police- 05-55550 DUI Tape
362.10 Recreation- Facility Rental
13.00 Library
350.00 Recreation-Mens Flag Football
4.50 Library
100.00 Recreation Program
18.00 Library
26.63 Recreation-Pavillion Rental
75.00 Recreation-After Care
150.00 Recreation-After Care
19.00 Recreation-Cheerleading
38.95 Library
225.00 Roll off dumpster
25.00 Police records
1 ,732.18
CITY OF BOYNTON BEACH
FIRE INSPECTION RECEIVABLES
10/01/05 - 9/30/06
OCCUPANT BALANCE
DATE
INV # BILLED
GENERAL FUND
16965
16966
17025
17028
17030
17032
17038
17056
17071
17076
17078
17083
17111
17121
17147
17192
17220
17237
17258
17262
17268
45
76
111
112
117
142
186
203
242
265
307
308
319
321
326
351
352
366
375
389
392
10/17/05 SUNTRUST BANK
10/17/05 WACHOVIA BANK
10/17/05 AUGIE'S PIZZA RESTAURANT
10/17/05 PAPA JOHN PIZZA
10/17/05 AARON RENTS
10/17/05 JERSEY MIKES SUBS
10/17/05 NIRVANA RESTAURANT
10/17/05 QEC PLUS
10/17/05 JOHNNY'S LIQUOR STORE
10/17/05 EL CARAIBENO CAFETERIA
10/17/05 KINGS JAMAICAN BAKERY
11/08/05 BERKSHIRE PUBLICATIONS
11/08/05 TROPICAL SEA APTS
11/08/05 BEACH CONCESSION STAND
11/08/05 ASPEN AIR CONDITIONING
11 /30/05 ROYAL COIN LAUNDRY
11/30/05 GRENADE STUDIOS/LENARD HARRIS
11/30/05 JR'S BETTER ON A BAGEL
11/30/05 ORECK FLOOR OF FL
11/30/05 C. DOONE INC
11/30/05 ENTERPRISE RENT A CAR
12/14/05 THE GRASS GROOMERS
12/15/05 1 ST DISCOUNT BROKERAGE
12/16/05 ALUMINUM SCREEN INT'L
12/16/05 BELL SOUTH TELECOMMUNICATIONS
12/16/05 ROTARY CLUB TENT
12/19/05 VILLAGE SQUARE COMMON AREAS
12/29/05 JEAN FORTUNE
12/30/05 FRIENDS MARKET
01/03/06 STARBUCKS
01/04/06 RAG SHOP
01/05/06 AMERIGAS
01/05/06 RICH SALTER
01/06/06 METROPOL MUL TICARE SERVS
01/06/06 PYRAMID BOOKS
01/09/06 AMERICLEAN FRESH LOOK CLEANERS
01/10/06 GARDNER CYCLES
01/10/06 WILLIE SMITH PREMIER AUTO
01/11/06 THIRD ST SIGNS
01/11/06 TOSCANINIITALlAN RESTAURANT
01/11/06 NEXTEL RETAIL STORES
01/11/06 ZEN IMPORTS
51.50
71.00
75.00
25.00
103.50
45.00
75.00
45.00
75.00
25.00
45.00
84.00
45.00
45.00
45.00
45.00
45.00
75.00
51.50
51.50
45.00
45.00
45.00
90.00
207.50
45.00
45.00
45.00
45.00
51.50
77.50
58.00
45.00
45.00
45.00
45.00
45.00
45.00
45.00
45.00
45.00
45.00
CITY OF BOYNTON BEACH
FIRE INSPECTION RECEIVABLES
10101/05 - 9/30/06
401 01/12/06 PHILIP SHARP
405 01/12/06 SKI CONCEPTS
408 01/12/06 ELECTRONIC BOUTIQUE
414 01/12/06 THINGS REMEMBERED #421
431 01/17/06 AMY L. BUDOFF MD
432 01/17/06 HAIR FASHIONS
433 01/17/06 TRADE SECRET
456 01/18/06 LENDERS TRUST MORTGAGE CORP
458 01/23/06 INTERIOR WOODCRAFTS
463 01/23/06 ANNETTE BROWN DAY CARE
466 01/23/06 TELECOM CONNECTION
467 01/23/06 SUNTRUST BANK
468 01/23/06 AJ PARTNERS
478 01/24/06 MARS HALLS OF BB
492 01/25/06 GEORGE'S BILLARDS
512 01/31/06 MANAGEMENT SERVS OF AMER
536 01/31/06 EXPRESS
537 01/31/06 LIMITED TOO
538 01/31/06 SULCUS BLDG/RJ CUNNINGHAM
547 01/31/06 EXCELL RESTAURANT
591 02/03/06 DAYSTAR ACADEMY OF EXCELLENCE
597 02/03/06 DAN CORRIE FURNITURE SERVS
632 02/07/06 MORAN AND SONS DECORATING
655 02/08/06 MOTHERHOOD MATERNITY SHOPS
659 02/08/06 INTRIGUE STYLES
667 02/08/06 HOLLYWOOD VIDEO
679 02/09/06 RAVE #218
683 02/09/06 DOLLAR STAR
685 02/09/06 BOBBY ALLISON WIRELESS
692 02/09/06 FAUX REAL WOOD FINISHES
716 02/14/06 STATE OF FL DEPT OF AGRICULTURE
735 02/15/06 CVS #8119
739 02/16/06 SUNSHINE SQUARE MAINT SHOP
754 02/17/06 WACHOVIA BANK BLDG COMMON AREA
759 02/17/06 LAMONS APTS
761 02/17/06B&GLLC
765 02/17/06 ATLANTIC DRIVE APTS
769 02/22/06 FLOWERS BY BIANA
780 02/22/06 OFFICE DEPOT
784 02/23/06 VICTORIA'S SECREST
813 02/24/06 DANTES IMMIGRATION
819 02/24/06 PINETREE APTS
823 02/27/06 SPORTS AUTHORITY
45.00
45.00
45.00
45.00
45.00
45.00
45.00
45.00
51.50
35.00
45.00
136.00
45.00
201.00
51.50
51.50
77.50
58.00
45.00
75.00
75.00
45.00
45.00
45.00
45.00
51.50
51.50
58.00
45.00
45.00
51.50
103.50
45.00
45.00
45.00
45.00
45.00
45.00
233.50
71.00
45.00
45.00
311.50
835
851
852
862
875
878
884
898
899
901
902
911
917
942
957
963
970
974
976
998
1004
1014
1020
1021
1025
1029
1038
1085
1101
1102
1109
1129
1130
1137
1146
1151
1152
1154
1155
1157
1158
1164
1167
CITY OF BOYNTON BEACH
FIRE INSPECTION RECEIVABLES
10/01/05 - 9/30/06
02/28/06 BOYNTON VISTAS
03/02/06 DES LOTHIAN WELDING
03/02/06 MEDA TLANTIC INTERNL
03/02/06 BIKE AMER
03/02/06 CRACKER BARREL
03/03/06 STORAGE MIKE LEVY
03/03/06 BLESSED BEAUTY
03/06/06 PIERCING PAGODA
03/06/06 EXPRESSIONS IMAGE CORP
03/06/06 CINGULAR WIRELESS
03/06/06 SILVER & GOLD CONNECTION
03/07/06 THE GOLDEN RULE
03/08/06 PA YLESS SHOE STORE
03/13/06 STAPLES
03/14/06 JAY WEINSTEIN
03/15/06 MARSHALLS OF BB FL
03/15/06 POLY PLASTIC PACKAGING
03/16/06 JEWELRY PLACE
03/16/06 PB LEISUREVILLE REC 1
03/20/06 PRECISION SIGNS & GRAPHICS
03/21/06 ACCESSIBLE HOME HEALTH CARE
03/23/06 WINN DIXIE #259
03/23/06 BOBBY ALLISON WIRELESS
03/23/06 P&L APTS
03/23/06 SUNSHINE SALONS
03/23/06 CEDAR RIDGE CLUBHOUSE
03/24/06 GODFATHER ATV
03/30/06 JOHNNY MANGOS FARM MARKET
04/03/06 T J MAXX CO
04/04/06 STORAGE JACK CONDA TORE
04/04/06 DEL MAR CLEANERS
04/10/06 WHOLESALE FLOORING DEPOT
04/1 0/06 ASSEMBLY OF THE VOICE OF THE 7TH
04/12/06 AUTO ZONE
04/12/06 FIRST TRUST MORTAGE
04/13/06 FONTANA CUSTOM DESIGN SHOWROO~
04/13/06 HOME DEPOT #224
04/13/06 LOWES
04/14/06 SMART HOME THEATER SYSTEM
04/14/06 BEYOND THE SEA
04/14/06 CHICOS MEAT MARKET
04/17/06 BOBBY ALLISON WIRELESS
04/17/06 BP
45.00
45.00
45.00
58.00
75.00
45.00
45.00
45.00
45.00
45.00
45.00
45.00
58.00
168.50
45.00
25.00
175.00
45.00
77.50
45.00
25.00
207.50
50.00
45.00
45.00
45.00
50.00
45.00
201.00
45.00
45.00
45.00
45.00
84.00
51.50
50.00
450.00
450.00
45.00
45.00
45.00
50.00
45.00
1170
1173
1178
1186
1194
1197
1219
1222
1241
1261
1279
1293
1294
1297
1301
1310
1319
1333
1336
1346
1349
1376
1392
1395
1404
1407
1408
1411
14"13
1422
1427
1431
1445
1468
1469
1476
1482
1483
1494
1495
1500
1535
1538
CITY OF BOYNTON BEACH
FIRE INSPECTION RECEIVABLES
10/01/05 - 9/30/06
04/17/06 PROTECTION ENGINEERING SYSTEMS
04/17/06 PA YLESS SHOE SOURCE
04/17/06 GNC STORE #8544
04/18/06 ROSSES SCHOOL OF KARATE
04/19/06 BURGER KING #3397
04/19/06 PLASTER TIME
04/20/06 ADVANCED AMER CASH ADVANCE
04/20/06 HAIR CUTTERY
04/21/06 NORTHWOODS 1
04/25/06 WINN DIXIE#256
04/26/06 OASIS EQUITY GROUP
04/27/06 AMERIDIVE
04/27/06 LAW OFFICES OF DAVID GINZBURG
04/27/06 PROVIDENT MISSIONARY BAPTIST CHUI
04/27/06 GREENACRES CONDOS
04/28/06 CORAL APT FBM LEASING
05/01/06 WINN DIXIE #259
05/03/06 ANN RUTHERFORD PA
05/03/06 LEE DAVID INTERIORS
05/05/06 WAFFLEHOUSE RESTAURANT
05/05/06 VICTIRIA'S SECRET
05/10/06 THE PRINTING PAD
05/11/06 SHOOTOUTS
05/12/06 CHEM DRY INTERCOASTAL
05/15/06 PLAY IT AGAIN SPORTS
05/16/06 AVIS RENT A CAR
05/16/06 SEARS
05/16/06 SEARS AUTOMOTIVE CENTER
05/16/06 BB ASSISTED LIVING FACILITY
05/18/06 SMART STYLE #6495
05/18/06 BURGER KING #3397
05/18/06 SOUNDS OF JOY RECORDING STUDIO
OS/23/06 WACHOVIA BANK BLDG COMMON AREA
OS/26/06 AVENUE DELIVERY
OS/26/06 CORY DWYER
05/31/06 CANT REACH ME/COMMUNICATIONS RE
06/01/06 STOP N SHOP MARATHON
06/01/06 DRYCLEAN USA OF FL
06/05/06 VICTORIA'S SECRET
06/05/06 ANN TAYLOR LOFT
06/05/06 THE DRY CLEAN DOCTOR
06/20/06 TRIUMPH THE CHURCH & KINGDOM OF I
06/20/06 GRANITE TELE COMMUNICATIONS
64.50
51.50
45.00
45.00
75.00
45.00
45.00
45.00
45.00
266.00
45.00
45.00
45.00
45.00
45.00
45.00
50.00
45.00
45.00
50.00
50.00
45.00
75.00
45.00
50.00
45.00
450.00
155.50
220.50
45.00
100.00
45.00
50.00
45.00
45.00
45.00
45.00
45.00
100.00
50.00
45.00
45.00
51.50
1542
1555
1562
1569
1584
1623
1625
1630
1636
1638
1671
1672
1684
1687
1708
1711
1737
1750
1763
1782
1788
1798
1806
1808
1815
1835
1837
1838
1840
1855
1856
1864
1865
1870
1875
1892
1908
1926
1939
1966
1974
1978
1999
CITY OF BOYNTON BEACH
FIRE INSPECTION RECEIVABLES
10/01/05 - 9/30/06
06/21/06 AHRENS AUTO
06/23/06 SOUTHERN BELL WAREHOUSE
06/27/06 PLASTER TIME
06/29/06 AMERIDIVE
07/10/06 PLASTER TIME
07/18/06 HURRICANE IMPACT GLASS
07/18/06 CUSTOM LAWN SERV
07/18/06 APTS
07/20/06 DIRECT DESIGN
07/24/06 GREENACRES CONDOS
07/26/06 ROBT DAVIS APTS
07/26/06 SEACREST APTS
07/27/06 SELBERG APTS
07/27/06 BATES APTS
08/01/06 SHOOTOUTS
08/01/06 MEADOWS SHOPPING PLAZA
08/08/06 PALMWA Y CONDOS
08/10/06 JC PENNEY
08/15/06 EXXON
08/17/06 STRAUSS & WASSNER BLDG
08/17/06 PL ALUMINUM
08/21/06 HUMAN RESOURCES WASH MUTUAL
08/22/06 N&D AUTO BODY
08/22/06 FL TRUCK MAINTENANCE
08/22/06 CHARLIE'S AUTO REPAIR
08/25/06 TRANSWORLD
08/25/06 ATLANTIC GRANITE
08/25/06 SOUTHERN COLLISION CENTER
08/25/06 SKINNER'S MASTER CARS
08/31/06 BOYNTON COMMERCE CENTER
08/31/06 FLOWERS DISTRIBUTION
09/01/06 AUSTIN WELDING
09/01/06 HIGHRIDGE COMMERCE CENTER
09/05/06 JORDAN WRECKER
09/05/06 EDWARD LAMONS WELDING
09/07/06 ALL COMFORT AIR
09/11/06 AFFORDABLE WOOLBRIGHT AUTO CEN-
09/12/06 All'S MAJESTIC SERVS
09/12/06 MAXIM HEAL THCARE SERVS
09/15/06 SNOW AUTO REPAIR
09/15/06 IDEAL PAINT AND BODY
09/18/06 VASCULAR IMAGING ASSOC
09/20/06 TRT PRODUCTIONS
45.00
71.00
50.00
50.00
100.00
64.50
45.00
45.00
51.50
50.00
45.00
45.00
45.00
45.00
50.00
100.00
45.00
450.00
45.00
45.00
51.50
45.00
45.00
58.00
45.00
45.00
64.50
64.50
45.00
45.00
84.00
45.00
450.00
51.50
45.00
45.00
51.50
45.00
51.50
45.00
77.50
45.00
45.00
CITY OF BOYNTON BEACH
FIRE INSPECTION RECEIVABLES
10/01/05 - 9/30/06
2000 09/20/06 E-Z DRAWER
2002 09/20/06 MARINA VILLAGE FUEL DOCK & MARINA
2006 09/21/06 DR. MARK ROBERTS
2033 09/28/06 VISUAL PRODUCTS INC
45.00
45.00
0.45
51.50
14,970.45
VIII.-PUBLIC HEARING
ITEM A.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Fina] Form Must be Turned
Meeting Dates in to Citv Clerk's Office Meeting Dates in to City Clerk's Office
r8J August 21 , 2007 August 6,2007 (Noon.) D October 16, 2007 October], 2007 (Noon
D September 4,2007 August 20, 2007 (Noon) D November 7, 2007 October 15, 2007 (Noon)
D September] 8, 2007 September 3,2007 (Noon) D November 20,2007 November 5, 2007 (Noon)
D October 2, 2007 September 17,2007 (Noon) D December 4, 2007 November 19, 2007 (Noon)
0 Announcements/Presentations D City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM D Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
r8J Public Hearing 0
RECOMMENDATION: Please place this request on the August 21, 2007 City Conunission Agenda under Public
Hearing. The applicant had requested postponement on July 17th until August 21, 2007 in connection \vith his recovery from
throat surgery. The Community Redevelopment Agency Board recommended on May 8, 2007, that the request be approved.
For further details pertaining to this request, see attached Department Memorandum No. 07-031.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Harbor Cay (SPTE 07-006)
Sid E. van Rospeunt, Managing Member for Harbor Cay, LLC
Harbor Cay, LLC
East side Federal Highway, approximately 160 feet north of Gateway Boulevard
Request for a one (1) year site plan time extension for Harbor Cay (NWSP 06-011)
approved on May 2, 2006, from May 2, 2007 to May 2, 2008.
PROGRAM IMPACT: NIA
FISCAL IMPACT: N/A
ALTERNATIVES: NIA
~A~
City Manager's Signature
Assistant to City Manager
CJ.NA/
~ r~~
./ Planning and Zoning Dir tor City Attorney 1 Finance
S :\Planning\SHARED\ WP\PROJECTS\Harbor Cay\SPTE 07 -006\Agenda Item Request Harbor Cay SPTE 07-006 8-2] -07 .doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 07-031
TO:
Chair and Members
Community Redevelopment Agency Board
Michael Rumpf ~
Director of Planning and Zoning
Kathleen Zeitler b-
Planner
THRU:
FROM:
DATE:
May 1, 2007
PROJECT:
Harbor Cay (SPTE 07-006)
REQUEST:
Site Plan Time Extension
PROJECT DESCRIPTION
Property Owner:
Harbor Cay, LLC
Applicant I Agent:
Sid E. von Rospeunt, Managing Member for Harbor Cay, LLC
location:
East side of North Federal Highway, approximately 160 feet north of Gateway
Boulevard (see Location Map - Exhibit "A")
Existing land Use:
Special High Density Residential (SHDR)
Existing Zoning:
Infill Planned Unit Development (IPUD)
Proposed land Use:
No change proposed
Proposed Zoning:
No change proposed
Proposed Use:
Townhouses
Acreage:
1.429 acre
Adjacent Uses:
North:
To the north is developed mUlti-family residential property (Inlet Harbor Club),
classified Recreational (R) and High Density Residential (HDR) land use and zoned
Recreation (REe) and Multi-family Residential (R-3);
South:
To the south is developed commercial property (Gateway Shell), classified Local Retail
Commercial (LRe) land use and zoned Community Commercial (C-3); to the southeast
is developed single-family residential, classified Low Density Residential (LDR) and
zoned Single-family Residential (R-1-AA);
East:
To the east is developed single-family residential, classified Low Density Residential
Pag~ 2
Harbor Cay
SPTE 07-006
(LDR) and zoned Single-family Residential (R-1-AA); and
West:
Right-of-way for Federal Highway, then farther west is right-of-way for the Florida
East Coast (FEe) railroad.
BACKGROUND
Mr. Sid E. von Rospeunt, managing member of Harbor Cay, LLC is requesting a one (l)-year site plan time
extension for the Harbor Cay New Site Plan Development Order (NWSP 06-011), which was approved by the
City Commission on May 2, 2006, The site plan approval is valid for one (1) year from the date of approval.
If this request for a cine (l)-year time extension were approved, the expiration date of this site plan, including
concurrency certification, would be extended to May 2, 2008.
The subject property consists of 1.429 acre zoned Infill Planned Unit Development (IPUD), located within
Planning Area I of the Federal Highway Corridor Community Redevelopment Plan. According to the staff
report for the approved site plan (NWSP 06-011), the proposed Harbor Cay is a redevelopment project
approved for a total of 23 fee-simple town homes, recreation amenities, and related site improvements.
The 23 dwelling units (at a density of 16.09 dwelling units per acre) are proposed as two (2)-bedroom units,
each with a bonus room that could be used as a third bedroom. The 23 units are planned within six (6)
separate buildings on the 1.429-acre site. Each three (3)-story building would contain four (4) dwelling units,
with the exception of one building that proposes three (3) units. The approved site plan (see Exhibit "8'')
proposes three (3) model types, ranging from 2,534 square feet to 2,599 square feet of total air-conditioned
area. According to the staff report, the proposed townhouse buildings would have hints of Spanish-
Mediterranean accents in the contemporary / modern design. Building accents would include cupolas,
Spanish S-tile roofs, decorative banding, stone veneer, awnings, and decorative garage doors.
ANALYSIS
According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1)
year to secure a building permit from the Development Department", Examples of building permits include
but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. City
regulations authorize the Commission to approve site plan time extensions up to one (1) year, provided that
the applicant files the request prior to the expiration date of the development order. In this case, the
applicant has met that requirement. The Planning & Zoning Division received the application for time
extension on March 12, 2007, approximately seven (7) weeks prior to the expiration date of the site plan.
According to the justification submitted for the requested time extension (see Exhibit "e"), the applicant
details the "good faith" efforts in moving forward with the project, explaining that the project has been
delayed due to the following: (1) required reconfiguration of underground utilities and subsequent civil
engineering plan revisions which required re-submittal for further review and approval; (2) delay in platting
due to required civil plan revisions; and (3) construction plan revisions necessary to address conditions of site
plan approval.
A more formal criterion for evaluating requests for time extensions is compliance with (traffic) concurrency
requirements. On March 29, 2006 the Palm Beach County Traffic Division approved the traffic study for this
project and included a restriction that no building permits are to be issued for the project after the build-out
year of 2009.
Page 3
Harbor Cay
SPTE 07-006
The site plan time extension is still subject to the origi nal 85 conditions of the new site plan approval. No
new land development regulations are now in place against which the project should be reviewed and
modified, As for application of the Art in Public Places 0 rdinance (05-060), this project is not exempt, as the
new site plan request was filed and under review after adoption of Ordinance 05-060 on October 5, 2005.
Therefore, the project must comply with Ordinance 05 -060 as stated in the original conditions of site plan
approval.
Lastly, the applicant has failed to pay the Capacity Reservation Fee as required in original Condition of
Approval #19, which was due within seven (7) days of the original site plan approval. As such, staff
recommends that the applicant pay the fee amount prior to final action by the City Commission on this
extension request.
SUMMARY I RECOMMENDATION
Staff recommends approval of this request for a one (i)-year time extension of the Harbor Cay site plan (NWSP
06-011), If this request for extension were approved, the expiration of this site plan would be extended to May
2,2008, Staff is generally in favor of the redevelopment efforts represented by the approved site plan, which
serves to promote the goals of the Community Redevelopment Agency and the Federal Highway Corridor
Redevelopment Plan. The proposed Harbor Cay project will provide an opportunity for redevelopment in a
highly visible corridor in the City, increase the value of adjacent and nearby properties, and contribute to the
overall economic development of the City. If this request for site plan time extension is approved, all
outstanding conditions of approval from the new site pia n approval must still be satisfactorily addressed during
the building permit process. Any additional conditions recommended by the Board or City Commission shall be
documented accordingly in the Conditions of Approval (see Exhibit "D"),
S:\Planning\SHARED\WP\PROJECTS\Harbor Cay\SPTE 07-006\Staff Report.doc
'-'-' '-'I \ I ,'-' ... IVII\.I
Harbor Cay
______I I .rir: I I
7 I .., t ;,
~I ....
I ~j j "t- C~3
.....
C)
J EE '
4~.~ I
';J.~.. .
PUD .L1.).... . .....
;:' '" " I I
.
I r
S'lI:oject
Slim ~,.
11 r'~ I
w,a,. I
..~~
~~
G"C:tBLWI .. ..1 c.3!1
.i.~...'....!
ftz::.,
):' .~.. .,r
;; ::r;:..' ,
C 2 7 ..f .1,;..;
R-3 - ..l '!::l:;'
j~L'~';~':""1
bG~ 1~ ~'1
, r ,J
D "~'.;',f" ....
D [:il .. I
~ JIC.l~. <j .I
u
REC
Exhibit "A"
..!.~;;
::1-
:~
"'4)'
~'
...:J.'f--
~.
c
z=
I
R(AA
F@tterRoaa'
I
R-3
J
1'1)r;"/
n;.' I -,.,..~
Las P.almas]~k
IPUD
REC
200 100
I
o
200
400
600
I I
I
/
I
~
~
r,.
;
:<
';:.....
i:", '.
::. .
: .
:<l
'.'."
'.
I
W+E
S
800
'Feet
I I I - 11
js !r~r ('
!E!S I
.f-;.....- ,
i:
I
i -"'--
I ,
I: ;'
I' ..
, E
i: ~
I' ~:
,
I'
, II~
i:
, '
I i ,
, , ,"u
,,~
, :!i
j
:~ :;1~;'
*:~
.1" ~~
. ~I'g, :~,.:~~
"~ ~~{~
~..~i%~~
'i E I~i'~
. i e .~~...';;".
.. '\"'~'
.~".,."
'ftJ
U~I ~U
~~ 3e!
I " I
, "
~!!m
1a.'
Tnl
,
,
. ~ CfI :
!:;=i:
~m~
.."
~'
z
,~
!In~
!ap' a
I~!
Jlj
i;l
- sum
!! ....
!
-
,
---
1___
\-
f!
FLORIDA EA . ![k
- - - - _ST COAST bAJLR 1/
" - - _ ""lOAD
u.s. HIGHWAY NO.1 - J
I I
"'-- r If
-~-.- ; [I
... - ~.-::--.:::.~--~~~._ 10 .1
~~-::..~ - ~. ~ ,I:'
'-'~::". ~ .... +...-'~f:-L
I -----=:.... ~:.---_
, ..
':~:::'.:. -',
---- -
>-,~-- ~--::--- -"'::-:::-
!A
i' w
........" .....
1
I
II
"
I.
I.~
~
iP
.
.
w
'-'"
T
H
I
I
I j<"
" I
~
~
I
!i~
II Uh~tfrlMiJfWU ~ ~.i"~~U'U.";OD"~~1 H ~
f IllililftHd~"ml B ! 1111 ill! IHlIi jlIIIIIW' Ii ~
II ffrIfI'UffUI1'Hf ~ill 'IU E,i f ~I~H! i hi i
Ii i !i Ildf It, t a i · l ~ i ~ ~ J
Ifi! jrf~I'rf.fW' I i I = l f . ~
Ii lhir!',1I ,I! 'I" I. I
~~ UtUlOU dfJ i fi I I f h; ~ E .. n . ~ ~. d ~
~s n ;erf[,~ 'f - f I i ~ n ~ ~ ~ ~ ~ n ~ n n
iii ~. rl · r It ~
; I i BHBU HI! ; II
~gf::::i :~~!. ~~I
nU1Erl EmU -c
.,r-
Ic)
I~
,-I
~I: (
~ !
. ! I
mil
Il~
!:"r
.;f'
if!":
, 'iI,'
HARBOR CAY TO-NHOUSES
600 LAKESIDE HARBOUR
BOJ'nton B_eIl, F10rtda
IRKS ,-
I ....-~_u.................N....,........JIC'! 1=;
""""FAX~ 1rMrlor0000DO
l/ /U/ff/V/?' ~
..II.,.
,- ~ -
"A1~' ~
:' Iff~ _~~-.....Lo
=::-~: ~
", ~
inJ, ~ ~ ~1 Zll : '
lW -- tIN.:~
PL,.,NNING ,.,NO
ZONING DEP1
March 9, 2007
Board of Commis.c::ioners
The City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, FL 33435
Re: Development Order Extension
Gentlemen:
Please accept our request for an extension of twelve months for Boynton Beach Resolution 06-097, a
Development Order for Harbor Cay Town Homes; an IPUD located within a few hundred feet North of
Gateway Boulevard on Federal Highway going towards the Intracoastal Waterway.
Due to various delays in obrnining approval for the underground utilities, only recently resubmitted
after substantial prior oonsultation along with the expectation of further oomments requiring additional
reronfiguration and another round of resubmiSsion, and the sequential nature of the process whereby
the plat cannot be delineated until the civil engineering is approved, and in light of the extensive
Conditions of Approval1hat must be addressed; it is not likely that a oonst:ruclion permit will be secured
before the Development Order expires on May 2nd of 2007.
Thank you, in advance, for your time and oonsideration. We trust tbatthe Board of Commissioners
shall look upon our petition with kindness and generousity,
Sid E. von
ChiefExecufive Officer
AmerCan Development Corp.
The Man::!ging Member-for Harbor Cay, ILC
Harbor Cay, LLC 605 Lakeside Harbor Drive, Boynton Beach, Florida 33435, Tel: 561-734-3000 Fax: 561-724-3005
www.barborcay.com
EXHIBIT "D"
Conditions of Approval
Project name: Harbor Cay
File number: SPTE 07-006
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X I
I
PUBLIC WORKS- Traffic I
I Comments: None X
I UTILITffiS
I
Comments: None X I
FIRE
Comments: None X
POLICE
I Comments: None 'V I
A i
ENGINEERING DIVISION
I I
Comments: None I X
I I
BUILDING DIVISION
Comments: None I X
I PARKS A.N"D RECREATION I
I
i Comments: None X I
I
I FORESTER/ENVIRONMENT ALIST
I Comments: None X
PLANNING AND ZONING
Comments:
Conditions of Approval
Harbor Cay
SPTE 07-006
P 2
age
DEP ARTMENTS INCLUDE REJECT II
1. The site plan time extension shall be subject to all previous Conditions of X
Approval.
2. The Applicant shall pay the Capacity Reservation Fee amount due to the City X
prior to [mal action by the City Commission on this Site Plan Extension
request
ADDITIONAL COMMUNITY REDEVELOPMENT
AGENCY BOARD CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S :\Planning\SHARED\ WP\PROJECTS\Harbor Cay\SPTE\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Harbor Cay
APPLICANT'S AGENT:
Mr. Sid E. von Rospeunt, Harbor Cay, LLC
APPLICANT'S ADDRESS:
605 Lakeside Harbor Drive, Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 5, 2007 postponed and
heard on July 17, 2007
TYPE OF RELIEF SOUGHT: Request a one (1) year site plan time extension from May 2, 2007 until
May 2, 2008, for 23 proposed townhouses on a 1.429-acre parcel in
the IPUD zoning district.
LOCATION OF PROPERTY: East side of North Federal Highway, approximately 160 feet north of
Gateway Boulevard.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the pubiic 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\Harbor Cay\SPTE 07-006\DO.doc
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
May 8, 2007
B. Adoption of Agenda
Motion
A motion was made by Ms. Heavilin to approve the agenda with the changes, Ms. Horenburger
seconded the motion that passed unanimously.
V. Consent Agenda
A. Approval of the Minutes-CRA Board Meeting-April 1, 2007
(pulled by Ms, Horenburger)
B. Approval of the Monthly Financial Report and Budget Amendment
C. Sea Mist Acquisition Status (info. only)
(pulled by Ms. Heavilin)
D, Review of Infill Site Plans & Home
(pulled by Rev. Chaney)
E. Marketing and Communications Update (info, only)
F. Residential Improvement Grant Program (info. only)
(pulled by Ms. Heavilin)
VI. Public Comments
Chair Tillman opened the floor for public comments. No one having come forward, Chair
Tillman closed the floor to public comments.
VII. Public Hearing
Old Business:
None
New Business:
Attorney Spillias announced Items VILA. and VILB. were quasi-judicial proceedings. He
provided an explanation of the quasi-judicial procedures and requested board members disclose
whether they had any ex-parte cor.lmunications, None were disclosed
Attorney Spillias administered the oath to all persons who would testify.
A. Harbor Cay
Site Plan Time Extension
2
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
May 8, 2007
Description:
Harbor Cay (SPTE 07-006)
Sid E. von Rospeunt, Managing Member for Harbor
Cay, LLC
Harbor Cay, LLC
East side of Federal Highway; approximately 150 feet north of
Gateway Boulevard
Request for a one (1) year site plan time extension for Harbor
Cay (NWSP 06-011) approved on May 2, 2006, from May 2, 2007
to May 2, 2008.
1.
Project:
Agent:
Owners:
Location:
Kathleen Zeitler, City Planner, set forth the request and advised the project was approved for
23 townhouse buildings ranging from 2,534 square feet to 2,599 square. The project was
delayed due to required reconfiguration of underground utilities, civil and engineering plan
revisions, platting delays and construction plan revisions necessary to address the conditions of
approval. Their concurrency project buildout year is 2009. The site plan time extension was
still subject to the original 85 conditions of approval. Staff recommended approval to extend to
May 2, 2008, with the following conditions of approval: (1) the site plan time extension would
be subject to all previous conditions of approval; and (2) the applicant would pay the Capacity
Reservation Fee amount due to the City prior to final action by the City Commission on the site
plan time extension request.
Chair Tillman opened the floor for public hearing,
Sid E. von Rospeunt, Representative of AmerCan Development Corp., Managing
Partner for Harbor Cay, LLC, set forth the circumstances surrounding the requested extension.
He advised they had worked with City staff on the water issue for the past eight months. A
six-foot wide public easement was recently discovered on their property, and would be utilized
to remedy the issue.
Bonnie Jones, 628 Lakeside Harbor Drive, commented the homeowners had tried to work
with Mr. von Rospeunt; however, he was not willing to work with them on several issues with
respect to the entry gate, community dock and Lakeside Harbor Drive. The homeowners would
like for the project to move forward and upon approval of the extension, would request
construction of a privacy wall and for the gate to be moved back.
Mark Maher, owner of the property at 618 Lakeside Harbor Drive adjoining the
developer's property on the southeast side, remarked the extension should have been applied
for in advance of the expiration of the site plan time extension, and he did not believe the
developer had any intention of building, He believed the project would be beneficial and would
agree with the extension if the developer installed a stucco masonry wall on the site separating
the single-family properties from the project; relocated the residential community gate to the
east side of his property, ensuring it was in proper working order; and completed all work
within the next four months.
3
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
May 8, 2007
Mr. von Rospeunt responded as follows: (1) they had no objection to the gate being removed;
however, if it was removed, application would have to be made for a building permit and it
would be necessary to have a turnaround lane installed in front of the gate and past their
property; (2) the road currently at the site is approximately five to six feet less in width than
the new road they were are putting in; (3) when the developer purchased the property, the
gate was inoperable as it was damaged by the hurricane; (4) they improved the site by ridding
the property of rats and undesirable apartment dwellings; and (5) the site plan provided for a
masonry wall to separate the residences from the project.
Mr. Sims requested clarification as to the issue of the wall and inquired as to when the wall
would be constructed.
Mr. von Rospeunt advised they could not build a wall unless they had the approval of their
utilities and a development order. No one would issue any permits to them for a perimeter wall
in order to protect the residents at Harbor Cay, as well as to the south, north and east of the
community.
No one else having come forward, Chair Tillman closed the floor for publiC hearings,
Chair Tillman commented he had listened to several extension requests and project proposals
and on several occasions, homeowners professed their opposition to the project. However,
there appeared to be no overall resistance to this project, with the exception of some minor
Issues which should be worked out, Secondly, with regard to the issue previously addressed by
Ms. Horenburger wherein the City Commission would explore an 18-month extension in lieu of
the 12-month extension, Chair Tillman inquired of staff whether this had been explored and the
status with respect thereto.
Kathleen Zeitler advised the Code had been revised to allow for 18 months instead of 12
months for the initial site plan approval.
Ms. Heavilin expressed confusion as to severa: of the comments made. The applicant did not
respond to the issue of the dock damage and she requested he do so.
Mr. von Rospeunt maintained they had addressed the dock issue with the homeowners on
several occasions, They pulled permits for the dock and filed the extension for the dock permit;
however, they would want to perform the dock work when the entire area was redone in order
to avoid construction of a substandard dock. The developers had suggested they would remove
the dirt and put in gravel and brick pavers, similar in fashion as shown in the site plan for the
pool area and plaza.
Rev. Chaney requested that Mr. von Rospeunt clarify the commitments made by the developer.
Mr, von Rospeunt commented they committed to build a new dock to enrich the community,
and it was their intention to do so. However, if they bore the expense, they would build the
dock to their specifications in order that it would be constructed properly.
4
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
May 8, 2007
Rev. Chaney inquired of staff whether any Tax Increment Funding (TIF) or other incentive
funding was involved in this extension.
Mr. Zeitler replied there were none.
Ms. Horenburger remarked that it appeared the developer was unable to move forward with the
project for the reasons outlined in the backup material. However, after considering all of the
comments made, she concluded there was also a problem with cooperation on both sides, She
inquired as to why the developer was unable to meet the City's requirement to pay the Capacity
Reservation Fee within seven days of the original site plan approval and whether this was an
undue requirement which the developer could not meet while others could.
Mr. von Rospeunt commented they considered the requirement to be unreasonable as they did
not know how many water meters were needed at the time.
Ms. Horenburger inquired of staff as to how COMmon it was for people to not pay their Capacity
Reservation Fee in a timely matter.
Ed Breese, Principal Planner, indiceted the fee was generally paid within seven days.
Motion
Ms. Horenburger moved to grant the request for a six-month time extension, subject to
payment of the Capacity Reservation Fee and compliance with all of the other conditions of
approval. Mr. Sims seconded the motion for discussion purposes.
Chair Tillman advised he believed granting a six-month extension could set a negative
precedent, as it had been the City's policy to grant twelve-month extensions. Further, the
developer requested the twelve-month extension in order to deal with hardships and Chair
Tillman would want the developer and homeowners in the adjacent communities to have as
much time as needed in order to resolve the issues.
Mr. Sims contended he would be concerned about setting a precedent and would not be
comfortable with granting a six-month extension at this time, although it could be something
for the board to explore. He added he hoped the developer and homeowners would work
through the issues within the year, as he would be hard pressed to vote in the developer's favor
again.
Ms. Heavilin advised that she would support the 12-month extension and urged the developer
and residents to be open minded and work things out.
Rev. Chaney commented he would support the 12-month extension as well and emphasized
cautioning developers coming into the City to do due diligence in working with neighbors, as it
was the board's responsibility to ensure the needs of the entire community would be served.
5
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
May 8, 2007
Ms. Horenburger inquired of Attorney Spillias whether the board would be setting a precedent if
the Capacity Reservation Fee was not paid as required by the City's Code.
Attorney Spillias advised the standard for making a decision was based upon competent
substantial evidence to support the decision. In terms of precedent, the board members would
have to consider whether they treated people who were similarly situated in a similar fashion.
These were basically the standards to be applied by the board in making a determination. If
the board believed there was substantial evidence that established the individual was not
similarly situated, that would be the basis for a decision to grant something other than a year's
extension. If the board did not believe the differences in this instance were significant enough
to determine Mr. von Rospeunt was not similarly situated, then there would be no evidence,
Staff had recommended a year's extension after their review, which would be part of the record
as well.
Chair Tillman called the question on the motion to grant a six-month extension,
Vote
The motion failed 1-4, Rev. Chaney, Ms. Heavilin, Mr. Sims, and Chair Tillman dissenting.
Motion
Mr. Sims moved to approve the one (1) year site plan time extension including all conditions
recommended by staff, Ms. Heavilin seconded the motion which passed 4-1, Ms. Horenburger
dissenting,
B. Boynton Beach Lofts
Site Plan time Extension
Location:
Description:
Boynton Beach Lofts (SPTE 07-007)
Bradley Miller, Miller Land Planning Consultants
James A. Seifert/Addison Properties of South Florida, Inc.
623 South Federal Highway
Request for a second one (1) year site plan time Extension for site
plan (NWSP 05-008) and height exception (HTEX 05-001)
originally approved on April 19, 2005, from April 19, 2007 to April
19, 2008,
1.
Project:
Agent:
Gabriel Wuebben, Planner, provided an overview of the project. The Planning & Zoning Division
received the extension request on April 4, 2007, approximately ten days prior to the expiration
of the previous site plan time extension. According to the applicant, since the project's last site
plan time extension, the developer had completed working drawings, had worked toward the
marketing and sales of future units, completed a website, cared for onsite landscaping and
secured County Civil permits, To date, the developer had spent nearly $730,000 toward the
project, However, as a result of current market conditions, the developer was not able to pull a
permit and was currently working with the CRA to modify the plans to make the project more
6
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORLn
VIII.-PUBLIC HEARING
ITEM B.'
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Citv Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
September 3,2007 (Noon)
D October] 6, 2007
D
D
D
October 1,2007 (Noon
D August 2], 2007
o
D
D
August 6, 2007 (Noon.)
September 4, 2007
August 20, 2007 (Noon)
November 7, 2007
October 15, 2007 (Noon)
September] 8, 2007
November 20, 2007
November 5, 2007 (Noon)
C'")
C'"}::j
::j-<
-<0
("')"
. -- en
''10
:""J.....-
-0 ::'~:i
::it' V>-l
as?
..,,--
.."en
- ".,
C'"}):>
f"TlC'"}
::t:'
RECOMMENDATION: Please place this request on the September 4,2007 City Commission Agenda under
Public Hearing. The Community Redevelopment Agency Board on August 14, 2007, recommended that the request be
approved. Please note that following completion of the staff analysis and report, staff realized that this project is now subject
to the workforce housing ordinance as the ordinance was written to apply to projects classified as "Special High Density
Residential" and subject of a time extension request. The applicant has been informed of this requirement, and specific
obligations will include ensuring that 20% of the total number of proposed units will be workforce units. If such units are
provided on-site, 25% shall be set aside for low-income households, and the remaining 75% for moderate income households.
Further, if a minimum of 80% of the proposed units would be priced above $500,000, the workforce housing obligation can
be met by paying a fee-in-lieu. Payment per unit is dependent on the number of bedrooms as specified in the ordinance. For
further details pertaining to this request, see attached Department Memorandum No. 07-073.
October 2, 2007
September 17,2007 (Noon)
December 4, 2007
November ]9,2007 (NWh)
-..J
:t:a
c::
G")
N
a
Consent Agenda
D
D
D
D
D
City Manager's Report
New Business
NATURE OF
AGENDA ITEM
D
D
D
D
o
Administrative
PuInolUlcements/Presentations
Code Compliance & Legal Settlements
Public Hearing
Legal
UnfInished Business
~
w
CO
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Casa del Mar (SPTE 07-009)
Bonnie Miskel, Esq. of Siegel, Lipman, Dunay, Shepard, and Miskel LLP
Ocean Boulevard Properties, LLC
2632 North Federal Highway, east of U.S. 1, north of Dimick Road
Request for a one (1) year site plan time extension for the Casa del Mar proj ect,
consisting of 42 fee-simple townhouse lUlits and 40 multi-family (condominium) dwelling
units on 4.11 acres zoned Infill Planned Unit Development (IPUD).
PROGRAM IMPACT: NIA
FISCAL IMP ACT: NI A
ALTERNATIVES: NIA
i~~
City Manager's Signature
Assistant to City Manager ~
z
Planning and City Attorney 1 Finance
S:\Planning\SHARED\WP\PRO CTS\Casa del Mar\SPTE\Agenda Item Request Casa del Mar SPTE 07-009 9-4-07.doc
S:\BULLETIN\FORMS\AGENDA ]TEM REQUEST FORM. DOC
TO:
THRU:
FROM:
DATE:
PROJECT:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 07-073
Chair and Members
Community Redevelopment Agency Board
Michael Rumpf W~
Director of Planning and Zoning. .
Kathleen Zeitler }LZ..--
Planner
August 7, 2007
Casa del Mar (SPTE 07-009)
Site Plan Time Extension
PROJECT DESCRIPTION
Property Owner:
Applicant / Agent:
Location:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Uses:
Acreage:
Adjacent Uses:
North:
South:
Ocean Boulevard Properties, LLC
Bonnie L, Miskel, Esq" Siegal, Lipman, Dunay, Shepard, & Miskel, LLP
2632 North Federal Highway (see Location Map - Exhibit "AfT)
Special High Density Residential (SHDR - 20 du/ac)
Infill Planned Unit Development (IPUD - 20 du/ac)
No change proposed
No change proposed
42 fee-simple townhouse units and 40 multi-family (condominium) dwelling
units (19.95 dwelling units/acre)
4,11 acres (179,130 square feet)
Property designated Special High Density Residential (SHDR) and zoned Infill
Planned Unit Development (IPUD), approved for 30 townhomes and 40
condominiums at a density of 19.94 dwelling units per acre (under construction
Peninsula at Boynton Beach project);
Right-of-way for Dimick Road, and farther south at the intersection with Federal
Highway, a vacant parcel designated Local Retail Commercial (LRC) and zoned
Community Commercial (C-3), and several single-family residences on the south
side of Dimick Road that are designated Low Density Residential (LDR) and zoned
Single-Family Residential (R-1AA);
Page 2
Memorandum No. PZ 07-073
Casa del Mar SPTE 07-009
East: The Intracoastal Waterway (ICWW) to the northeast, and to the southeast right-
of-way for Lake Drive, and single-family residences on the east side of Lake Drive
that are designated Low Density Residential (LDR) and zoned Single-Family
Residential (R-1AA); and,
West: Right-of-way for Federal Highway, and FEC Railroad, then farther west across
Federal Highway, the Crossings PUD designated High Density Residential (HDR)
and zoned Planned Unit Development (PUD),
BACKGROUND
Ms. Bonnie Miskel, Esq., agent for Ocean Boulevard Properties, LLC (property owner) is requesting a one
(l)-year site plan time extension for the Casa del Mar Site Plan Development Order (NWSP 06-015),
which was approved by the City Commission on July 18, 2006. The site plan approval is valid for one (1)
year from the date of approval. If this request for a one (l)-year time extension were approved, the
expiration date of this site plan, including concurrency certification would be extended to July 18, 2008.
(At the time of site plan approval in July, 2006 the regulations allowed a total of one (1) year to secure a
building permit; however, the regulations have since been revised to allow a total of 18-months to
secure a building permit).
The subject property is located within the Federal Highway Corridor Community Redevelopment Plan
Study Area 1. According to the original site plan staff report, the proposed Casa del Mar project is an
Infill Planned Unit Development approved for 42 fee-simple townhouse dwelling units and 40 multi-
family (condominium) dwelling units. The project has been approved for the following: a Land Use
amendment (LUAR 06-018) from Local Retail Commercial (LRC), High Density Residential (HDR), and
Low Density Residential (LDR) to the Special High Density Residential (SHDR - 20 dujac) classification; a
Rezoning (LUAR 06-018) from Community Commercial (C-3), Multi-Family Residential (R-3), and Single-
Family Residential (R-1AA) to Infill Planned Unit Development (IPUD) zoning district; a new Site Plan
(NWSP 06-015); and a Height Exception (HTEX 06-007).
The 82 units are proposed in one (1) phase on the 4.11-acre site (see Site Plan - Exhibit "B'). The 42
townhouse units are proposed within 11 separate buildings consisting of three (3) to four (4) units each.
According to the floor plans, all proposed townhouse buildings are three (3) stories, and each unit
includes three (3) bedrooms, three and one-half (3.5) bathrooms, and a two-car garage. The floor plans
propose several townhouse models ranging from 2,758 square feet to 2,984 square feet. A four-story,
40 unit condominium building with an under-story parking garage is proposed on the east portion of the
subject property. Each floor would have a total of ten (10) condo units, and each unit would consist of
two (2) bedrooms, two (2) baths, plus a den. The recreation area would be located at the eastern
portion of the development overlooking the Intracoastal Waterway. It would include a swimming pool
and a 1,348 square foot clubhouse building with restrooms, a kitchen, multi-use space, and lanai for the
use of the residents and their guests.
The design of the proposed townhouse buildings and clubhouse will resemble Spanish style architecture
with slate roof tiles, wooden outlookers, balconies, trellises, and arched doorways and windows. The
condo building will resemble a mixture between a Spanish-Mediterranean style and a modern design,
with many of the same features. The exterior walls of the buildings would consist of the following
colors: peach, cream, yellow, and white.
Page 3
Memorandum No. PZ 07-073
Casa del Mar SPTE 07-009
The adjacent property to the north (Peninsula at Boynton Beach) has been similarly rezoned to IPUD and
approved for a total of 30 townhomes and 40 condominiums. Both projects require a perimeter
landscape buffer along their common property line which includes the requirement for a six (6) foot
masonry wall within each buffer. The Casa del Mar project was approved with a condition of approval
which states as follows: "Staff recommends working with your neighbor to the north (Peninsula) to
utilize their perimeter wall rather than building one immediately adjacent to it", These forthcoming
adjacent IPUD's will provide an opportunity for redevelopment in a highly visible entrance corridor to the
City.
ANALYSIS
At the time of site plan approval for the Casa del Mar project, the Land Development Regulations stated
that the applicant shall have one (1) year to secure a building permit from the Development
Department. This site plan expiration provision has since been revised to allow a total of 18-months to
secure a building permit. Examples of building permits include but are not limited to the following:
Plumbing, electrical, mechanical, foundation, and structural. The Regulations authorize the City
Commission to approve site plan time extensions up to one (1) year, provided that the applicant files the
request prior to the expiration date of the development order. In this case, the applicant has met that
requirement. The Planning & Zoning Division received the application for a site plan time extension on
July 12, 2007, a total of six (6) days prior to the expiration date of the new site plan (see Exhibit "C").
According to the justification submitted for the requested time extension, the applicant lists the following
accomplishments as demonstrating their "good faith" efforts in securing a building permit for the project:
(1) purchase of the property in January, 2007; (2) obtained a Statewide Programmatic General Permit
(SPGP); (3) filed a joint application with the South Florida Water Management District (SFWMD) for a
State Environmental Resource Permit (ERP) to allow dredging and filling within the Intracoastal
Waterway; (4) filed an amendment to the ERP to include docks; and, (5) responded to SFWMD's request
for additional information in March, 2007, The applicant explains that the state review process is lengthy
and obtaining permits for this location requires the review of several state agencies, The applicant
further explains that an application for a building permit will be submitted after obtaining all the
necessary state permits.
A more formal criterion for evaluating requests for time extensions is compliance with (traffic)
concurrency requirements. The Palm Beach County Traffic Division approved the traffic study for the
Casa del Mar project based on a total of 82 proposed residential units, Based on the Traffic Division's
review, it has been determined that the project is located within the Coastal Residential Exception Area
of Palm Beach County which exempts residential units from traffic concurrency requirements, and the
project meets the Traffic Performance Standards of Palm Beach County, No building permits are to be
issued after the build-out date of 2008.
The site plan time extension is still subject to the original 74 conditions of site plan approval, Lastly, no
new land development regulations are now in place against which the project should be reviewed and
modified. As for application of the Art in Public Places ordinance (05-060)/ this project is not exempt, as
the new site plan request was filed and under review after adoption of Ordinance 05-060 on October 5,
2005. Therefore, the project must comply with Ordinance 05-060 as stated in the original conditions of
site plan approval,
Page 4
Memorandum No, PZ 07-073
Casa del Mar SPTE 07-009
SUMMARY I RECOMMENDATION
Staff recommends approval of this request for a one (l)-year time extension of the site plan (NWSP 06-
015) for the Casa del Mar project. If this request for extension were approved, the expiration of this site
plan, including concurrency certification, would be extended to July 18, 2008. Staff is generally in favor of
the redevelopment efforts represented by the approved site plan, which serves to promote the goals of
the Community Redevelopment Agency and the Federal Highway Corridor Community Redevelopment
Plan toward greater residential uses in this area and economic revitalization. The proposed Casa del Mar
project will provide an opportunity for redevelopment in a highly visible entrance corridor to the City,
increase the value of adjacent and nearby properties, and contribute to the overall economic development
of the City. If this request for site plan time extension is approved, all outstanding conditions of approval
from the original site plan must still be satisfactorily addressed during the building permit process. Any
additional conditions recommended by the Board or City Commission shall be documented accordingly in
the Conditions of Approval (see Exhibit "D").
S:\Planning\SHARED\WP\PROJECTS\Casa del Mar\SPTE 07-009\Staff Report.doc
Exhibit "A" - Site Location Map
Casa del Mar
.-
,
,
',/
12562.5 0 125 250 375 500
~- 'Feet
N
w.'
s
EXHIBIT "B"
...
-
11:
,>
!~
rn
~
'"
-l
rn
......
!!!!!!!~~
ffsssssl~
1,.....1"
~
rllllll ~
1I1111.~
IIIIIII~
,.....1
-
FLORIDA L(sr COAST ~
U,s. J
STATE RO.(J) 6 ~ -7
('~ fZlInr ~
JtIQIrr..o'-r. Y) I
~- ~
, If I :::=S?"r.;~
".",1111 .\ ' I ~ j
Hil'1fU "lD' '- ~
~~:II~ ~ i 1~1 h tl' I ~
"" ~(
. ~J. nr
t t ~. I i!t . r ~. I f-ltI
I ~ ~ U:. ltIM .' ~
· ~ s ! ~ ~ .I ~lrJ
I ilt ~':I""" . ili L.! ~
lrir. U iH i
=f' L jr j: ' f-811f
J. :- __ _ ~ 'I
q ,_... ~f.-I III ~ B
I i. - . . I fi
. : =:1 III R 1:1, ~ .'
I' I a~ " p-' .J"'j ij-;
J. f--- I I 11
.. t I I
: !--I--- ':~-l
1fiii
II'
III
.1
.........:.....
'"
: Illilillll'illlllll!/llllill
~ 1IIIIIIIi 1/11111/111111111
I!II II '1111 I,illl III 1111
.111" I~ ;11, III .11 .11
I II' I'h .,il I," II,
II I ';11 Iii! I: I!:
111,_1 .
.. ! f ~
~;H II
I =i !'I'!;
n il
II .. ill
; ~II iH
I~' ;!
11m' ~
~ ~
i
t::::::.. I ,
~~. b ie '~_-$pD< f
~~ "d~ +.1-"
: ~ II :::( L1 - ,
~ ~lil -t-- - ~
\ 'I' ! 'j ! ~ II
I .1 : -r ~ ~.,.,~ [j
Iii j h )~ ~ I ~l \\ ~~,
. ~ ! H ~ I HI. ! ~ \,{ ~
I H . iH II ~ II!)!
! i , Ii "'0.-\'1'# III ~ ~
i Iliff IIII~I~III!I .liWHI! ~n III
I Gii !'mlil!1 I ~ ii ~
If. ~~~. .' ~~ I
· , i ~ ~ . ~
G ........ ......... I........ r....... .
. S I.. In'.. H'. II.
~~cc!l: ~ I ~.. lI:,.!I: !':!C!t!ll!l:~J:!I: !I:!tJcJ:!Cc" I
~I~;~'u l ;, ~BP ;;~,~fI ;I,,~.!
. . . . . I ~lIilWltte
l !II. I !C !l:1,~!t !I:!t~~~!I:!C ~c~~~~&~,
LAKE DRIVE ----:::
(40' RIGItT-oF-rrAY)
-
.
~
~
5
( f
J ~ ~ .
~ .
i (
~
. . .
.~ !u. n .
,:lIP
:ail I -
III lIill!!!!11 II ~~~~ Ill!ll 111I11 ~I!t
I Iii ,!.II I '4~~~RY 1111111'.1 Jail
c ....~~......~~----~N.l.MlIllftlI......... -.-.OI',......-...""""'-.......-..NNGOUCID_ClOnID..M<<__"""'WIOnH.~'"" -...Iwun.t_.......___~JMC.
~ I Ii I
I
L
..J
S IEGEL, LIPMAN, DUNAY. SHEPARD & M ISKEL. LLP
EXHIBIT lie
GARY S. DUNAY
KENNETH W. LIPMAN
BONNIE MISKEL
.JONATHAN L. SHEPARD
CARL E. SIEGEL
THE PLAZA. SUITE 80 I
5355 TOWN CENTER ROAD
BOCA RATON, FLORIDA 33486
(56 I) 368-7700
FAX, (561) 368-9274
WWW.SLDSMLAWCOM
LINDA B. LYMAN
July 5, 2007
JUL , 2
Mike Rumpf, Director
Planning & Zoning
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida, 33425-0310
RE: Time extension for Casa Del Mar ("Project")
Dear Mr. Rumpf:
The purpose of this letter is to request a time extension for the approved Casa Del Mar
project (NWSP # 06-015) located on North Federal Highway. This project was approved
for the development of 82 condominium units on a 4.11 acre parcel in the Infilf Planned
Unit Development (IPUD) zoning district. This project was originally approved on July 18,
2006 and will expire on July 18, 2007. We respectfully request an extension of one year
to July 18, 2008. A timeline for the steps taken thus far to receive appropriate approvals
prior to filing for a building permit with the City is as follows:
. Filed a Request for Exemption and Statewide Programmatic General Permit
(SPGP) on June 9, 2006.
. Received SPGP on July 7,2006.
. Filed with the South Florida Water Management District (SFWMD) a Joint
Application for Environmental Resource Permit I Authorization to use State
owned submerged lands I Federal dredge and fill permit with the Florida
Department of Environmental Protection I Water Management Districts I U.S.
Army Corps of Engineers (ERP) on November 15, 2006.
. Filed an amendment to above ERP to include docks on December 13, 2006.
. First Request for Additional Information (RAI) from SFWMD dated December
13, 2006.
. Supplemental RAI from SFWMD January 12, 2007.
. After meeting with SFWMD filed response to RAI on March 5, 2007.
. Second RAI from SFWMD on April 6, 2007.
Since the last RAI, the applicant has had several discussions and two site visits with
SFWMD and are in process of scheduling a 3rd site visit with SFWMD before making a
formal response. Please see attached documentation verifying above information.
Additionally, it should be noted that the current property owner took title of the property
in January 4, 2007. Unfortunately, the state review process is lengthy and obtaining
permits requires the review of several state agencies. It is the applicant's intent to file for
building permit and develop the Project once the above mentioned permits have been
awarded. The applicant believes that the above demonstrates that a good faith effort to
advance the project has been made.
Again, we respectfully request favorable consideration of this request. If you have any
questions or concerns regarding this letter, please do not hesitate to contact me at (561)
237-1537.
Sincerely,
&;J~M
Bonnie L. Miskel, Esq.
Siegel, Lipman, Dunay,
Shepard, & Miskel, LLP
S lEe E L, LIP MAN. DUN A Y. SHE PAR D & MIS K E L. L L P
GARY S. DUNAY
KENNETH W. LIPMAN
BONNIE MISKEL
.JONATHAN L. SHEPARD
CARL E. SIEGEL
THE PLAZA. SUITE 80 I
5355 TOWN CENTER ROAD
BOCA RATON. FLORIDA 33486
(561) 368,7700
FAX, (56 I) 368.9274
WWWSLDSMLAWCOM
LINDA B LYMAN
July 23, 2007
W\L~- "'\ L
lW JU_
J
OEVELOPME:N' \
DEPARTMENT Of
Kathleen Zeitler
Planning & Zoning
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida, 33425-0310
RE: Additional information regarding time extension request for Casa Del Mar ("Project")
Dear Ms. Zeitler:
As per your request for additional information relating to the time extension request for
the Casa Del Mar project. You had requested additional information related to
verification of any fees paid (utility reservation fees, etc.), copies of construction
drawings ready for submittal, anticipated approval dates for state permits, and
anticipated dates for initial submittal of building permits. Unfortunately, the applicant has
not paid any fees or finalized the construction drawings for the project as they are
waiting to finalize the marina permitting. The marina will bea major component of how
the project will be marketed to potential buyers of the residential units. The applicant
feels that the marina, and boating lifestyle that go with that, is the site's unique feature
and the applicant does not want to advertise for a boating community with docks prior to
receiving approval and permits for the Project. The applicant expects to receive the
permit from the South Florida Water Management District sometime this fall and intends
on submitting for construction and building permits approximately 4 to 6 months
afterwards.
If you have any questions or concerns regarding this letter, please do not hesitate to
contact me at (561) 506-9008.
Sincerely,
L~d~
Siegel, Lipman, Dunay,
Shepard, & Miskel, LLP
EXHIBIT "D"
Conditions of Approval
Project name: Casa del Mar
File number: SPTE 07-009
Reference:
DEPARTMENTS INCLUDE REJ be 1
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
1. The site plan time extension shall be subject to all previous Conditions of X
Approval.
Conditions of Approval
2
DEP ARTMENTS INCLUDE REJECT
ADDITIONAL COMMUNITY REDEVELOPMENT
AGENCY BOARD CONDITIONS
Comments:
--
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
I 1. To be determined. I I I
S:IPlanningISHAREDI WP\PROJECTSICasa del MarISPTEICOA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Casa del Mar
APPLICANT'S AGENT: Bonnie L. Miskel, Esq., Siegel, Lipman, Dunay, Shepard, & Miskel, LLP
APPLICANT'S ADDRESS: 5355 Town Center Road, Suite 801, Boca Raton, FL 33486
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
September 4, 2007
TYPE OF RELIEF SOUGHT: Request a one (1) year site plan time extension to construct 42 fee-
simple townhouse units and 40 condominiums on 4.11 acres in the
IPUD zoning district.
LOCATION OF PROPERTY: 2632 North Federal Highway (on the east side of U.S.1, north of
Dimick Road).
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 "0" 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
J:\SHRDATA\Planning\SHARED\WP\PROJECTS\Casa del Mar\SPTE 07-009\DO.doc
IX. - CITY MANAGER'S
REPORT
ITEM A
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
D August 21, 2007 August 6,2007 (Noon.) D
r8J September 4, 2007 August 20, 2007 (Noon) D
D September] 8,2007 September 3,2007 (Noon) D
D October 2,2007 September] 7,2007 (Noon) D
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to Citv Clerk's Office
October] 6, 2007
October], 2007 (Noon
November 7,2007
October 15,2007 (Noon)
November 20, 2007
November 5, 2007 (Noon)
December 4, 2007
November] 9,2007 (Noon)
NATURE OF
AGENDA ITEM
D
D
D
D
D
Announcements/Presentations
Administrative
Consent Agenda
Code Compliance & Legal Settlements
Public Hearing
r8J
D
D
D
D
City Manager's Report
New Business
("""")
("J-I
--1-<
Legal
Unfinished Business
C)
-_J
:t>Joo
C
G")
N
o
-0
::x
........'Ci
.r::-
("J "1'
.-en
tl~o
3~-<
-"~~z
':"-)6
.=>z
-'1
""TJm
- f'T1
n:>
rrt(J
:::::
U1
RECOMMENDATION: Approve Capital Improvement Plan for 2007/2008. See attached memorandum and rflab.
EXPLANATION: Each year, City Staff proposes a Capital Improvement Plan (CIP) as part of budget approval. The CIP is
an integral tool to fmance various improvements in Boynton Beach and, equally as important, it is a tool used by staff to
allocate staff resources to projects deemed important by the City Commission.
PROGRAM IMP ACT: As noted.
FISCAL IMPACT: Various funds contribute to the CIP including Public Service Tax, Local Options Gas Tax, Park Impact
Fees and grants.
ALTERNATIVES:
Moddy 1he CIP to "~Ommi"iOn goa!,_
J , ./
V
~N"~
City Manager's Signature
Assistant to City Manager ~/
Department Name
City Attorney 1 Finance
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.manage~i.boynton-beach.fl.us
www.ci.boynton-beach.fl.us
lit'}
~~v
TO:
FROM:
DATE:
SUBJECT:
Mayor Taylor
Vice-Mayor Rodriguez
Commissioner McCray
Commissioner McKoy
Commissioner WJi an;6d j,'" ./i
. fi? l
Kurt Bressner ,A~)
\i)-.
August 22, 2007
Proposed 2007-08 Capital Improvement Projects
Attached are the proposed 2007-08 CIP worksheets as recommended by the CIP Team. The
proposed capital plan includes sufficient funding to complete the Library, Intracoastal Park
Clubhouse and the Sara Sims Complex and begin improvements to the Oceanfront Park Boardwalk
during the 2007-08 fiscal year. In addition, funding has been provided to supplement the Fire
Assessment Fund and provide adequate funds for completing the Public Safety Complex in the
northeast quadrant at Gateway and High Ridge Road that will include Fire Station #5, an EOC and
the ITS infrastructure. The plan also includes $25,000,000 for the construction of a new Police
Complex by the end of the 2009-10 fiscal year at the GatewaylHigh Ridge site. Funding for the
project would come from the issuance of a $25M Public Service Tax Bond Issue and the additional
debt service of approximately $1.8M has been factored into this plan, as evidenced by the decline in
the annual transfer in of funds from the Public Service Tax Debt Fund. It is important to note that
the proposed 2007 -08 capital plan also includes $1,500,000 for the completion of road improvements
within the Ocean Avenue area as well as a revenue source of $115,000 from the developer to share in
the cost of this project.
Obviously, this plan is extremely volatile at this time and is contingent upon the outcome of the
property tax referendum in January 2008. Ifthe referendum passes, the City's 2008-09 property tax
revenues could be dramatically reduced and the Public Service Tax revenues currently being
allocated for capital improvements and future debt service would have to be reallocated to the
General Fund. This could result in the elimination of over $3.2M in funding to the crp Fund leaving
insufficient resources to finance the Police Complex via a Public Service Tax debt issue. Several
proj ects, such as the Police Complex, the Boardwalk replacement and the Ocean A venue
improvements, would have to be reevaluated. Staff does not recommend deletion or deferral of any
maintenance related capital projects in order to fund new endeavors. Therefore, it is very important
to inform the public that while funding may exist today for various projects, it all hinges on the
statewide referendum in January.
As a final note, this report does not include the Utilities Capital Improvement Program. Staff is in
the process of seeking clarification from the South Florida Water Management District (SFWMD) as
to the impact of the Regional Water Availability Rule on our Consumptive Use Permit. This rule
may change the scope and timing ofmajor water and water re-use capital projects. We will have the
Utilities CIP for the first Commission meeting of October.
Special thanks for the CIP program development goes to Bill Mummert, Finance Director and Jeff
Livergood, Public Works and Engineering Director.
Cc: CML T
America's Gateway to the Gulfstream
ii
J:
UO
c::cZ
w~
all-
zffi
o~
.-,Wz
z>cr
>-~ct
00..1-
al~W
LL...JC)
0<(0
1-::;)
>-a::aJ
I-<(~
()<(
U ~
W
>
u::
lJ)
W
lJ)
::;)
~
lJ)
W
()
~I-
::;)W
OC)
lJ)0
::;)
aJ
co
o
o
N
t:::
o
o
N
~r::g~
I'-I'-ON
ci~Lri"~
NLtlO'<t
~m'<tm'<t
o ~-u1 ~
N ~~
ytytytyt
mNOOO-
I'-'<tLtlO
1'-1'-1'-0
~~roN.~
..-("")vC,O-r-
Z~VNt-~
o ~ "':("j-~
i= 0
UN
W
-,
o
ct:
a.
ct:
<(
W
>-
ct:O
:::Ie
ON
u..cn
o
o
N
ytytytyt
'<tLtlOLO
I'-oom
<D<DLtlCO
en ci Lri" '<t.
001'-1'-
NLtlNI'-
ri cri ,..: ,,-
N ~~
ytytytyt
O'<to'<t
'<tCOLtlC"l
NOlLtl'<t
g:~~~g
ONmom
~ t---o-u) l.Ci
o C")T"""T"""
o
N
ytytytyt
<DI'-c;:)<D
LtlcoO~
mOll'-I'-
co '<tLri"~......
gtiJg~~~
~8~~"':~
~~N'\~'\
ytytytyt
"C,O..-LO
<DC"l'<tm
'<tC"lCO'<t
....-oenNwLri"
~~~_~R~
~~~~~~
o III
N W
ytytytyt
mml'-OO-
<DO...... 0
VT"""'\O
~ g~~<D
o "ii"\L{)('l")r"-
~.aU)C")cDN
g~'\ --
N
ytytytyt
~
00-
Ltl
'<t.
<D
N
Ltl
c<i
~
yt
......
I'-
I'-
ci
N
m
yt
m
I'-
I'-
~
C"l
'<t.
yt
'<t
I'-
<D
en
o
N
c<i
N
yt
o
'<t
N
c<i
Ltl
N
I'-
yt
<D
Ltl
Ol
~
o
C"l
'<t
N
yt
......
<D
'<t
en
N
'<t.
N
......
yt
:z:
0
OJ i=
a.
.S ii: en
(jj w
U en
Ql en z
:E W w
Cl LlJ ll.
c.. t.) X
U c: ..... z w
0 :z: :1 ~ LlJ
'ii) t.)
co :::I w z
01/) 0 <( en 0 :1
,..:. 'E U co W z
U Cl 0:: 2- <(
g E <( z en::> '" co
:::> w
N 0 .... wt: > Cl
'Cc.> 0 z
C) ::>0 :::>
Ql.... z zz en ....
1/)0 Z w C)
ww =>
0- z z z
o..'<t a >0.. w Ci
oe W)( >
'-a> W o::w w Z
c..o co '" LlJ
Cl
l::
~
Gl
::E
a: l::
U 0
co 'in
o III
, 'E
E
.~ 0
'tIU
Gl,..,
III 0
0-
Q,~
O~
...",
0.0
:E
<(
0::
:I:C>
UO
<(0::1-
Wc..W
lXll-C>
ZZC
OW:;:)
l-:ElXl
ZWco
~>o
000
lXlo::~
u.c.......
0:E0
_0
~...JN
t:<(
Ul-
0:
<(
U
;::: 0 ;:::
0 , ,
,.., 0 ro-
,..: a ,..:
a Lt'l Lt'l
~ c co to ...,.,
C; .. ~
N ii:
<I} ~ ~
N a a N
...,. a a ...,. , ,
ro- a a ro-
~ cO 0' 0' cO
C; '" a Lt'l ...,.
c Lt'l q to "!.
!::! .. N '"
0 ii:
~
0
N
<I} ~ ~
Lt'l a a a Lt'l a a
a a a a a , a 0
~ 0, 0 0 to 0 0
0 Lt'l Lt'l 0' 0' 0' 0' 0'
~ N N Lt'l 0 0 0 0
0 c ...,. ~ to '" Lt'l "1 '"
!::! .. cO ai co cO
en ii:
0
0
N
~ ~ ~
...,. 00 000 aa ...,. 0 0 a I a
a
co 00 000 00 co 0 0 a a
"', 00 00 0 a~ Oh '" 0' 0 0 0
en 0; ciLCi 00 0' ao <.0 0 0' 0' 0'
0 ...,.ro- OLt'lN 00 ro- ...,. 0 0 0
0 c "', Lt'l ~ ...,.tON o to '" ...,. to to
N LO- N- O' N N
a; .. ~
0 ii: N '"
0
N
<I} ~ ~
...,. a 0 '" 0 r0- 00 a", 00 0 00", II
00 a r0- 00 0 OOro-
;:: 00 ro- 0 , co 00 a co 00 0 o,q co ,
00 co 0 '" cO' CN cO' .0
M 0'.0 r' ah .0 00 ,..:
... co '" o Lt'l o a ro- oa
0 1; a N N "'0 co '" ~ ro- Lt'l N N ro-, a,N '"
0 <<<. "!....,. ~ co '" .0 ~
N '" 0' .j ~ ~ 0'
;::: .., ~ ~
0 ::J ~ ~
0 a:l
N
rn ~ <I} ~
W
:;:) 00 o a to 0 a 000 to 00 to 0 00 0 to 0 a
Z '" 0 0
00 00 '" 0 0 a aa '" '" 0, 0 '" 0 0
W 00 a a '" 0 0 000 '" ,..: 0' '" 0 0
> cO' cO' "':0' 0' cic.il.t'i N 0 s-:- 0' 0'
r- .., '" Lt'l 0
W 0 .$ 00 co 0 co 0 0 Lt'l Lt'l~ co ~ '" N co Lt'l Lt'l
0 ,....._ L()_ ...,. 0, to 00 0 N~ Lt'l to
0:: !::! .. 0' ,..:
,g ~ N ~
'" N N
0
0 "'
N W
<I} <I} ~
to o a to 0 0 N 00 Oto 00 a 0 0 to ~I
0Lt'l 0'" 00 00 0
'" o a co 0 0 N Lt'l N 0'" 00 0,0, 0 00 ,
N, 00 00 0, '" "':<.0 Oh"': 0-6 0' q
~ cci -r--ci to cO 00 ~
r- '" Lt'l 00 '" 0...,. 00 0
0 1; Lt'l a Lt'l Lt'l0 ...,. '" ~ "'...,. N Lt'l N Lt'l
0 '" ro-, Lt'l ro- '" 00 ~ 00 .j '"
!::! .., ~ .0 ai .0
'" ::J
0
0 a:l
N
~ ~ ~
"' III ~
'l:i I-
Gl Z U
'e ~ ...J
Q. c(
l:- Cl I-
U ...J 0
e c( l-
I-
Gl C 0 ~
c 15
Gl Q) I-
Cl g ",
... CO 0 '0
II> .2 It: 0 (,) tii
'l:i '" C a; ~ 0
Gl C - > III
e '6 a. Q) Q) '0 ~
"0 WW c CO Ig 0
Q. e: ::l::l '" ~ ell U
l:- ::::l u.. !:: -" Lt'l LL
U) LL (f)(f) ]i 0 Ri N ij;
W U (f)(f) e: a; UO O/S E
::> 0; ", ~~~ 0 0 c > 'e: a. O~ "0 .g
Z . @ to- ""- Q) - e:
w ~ . 0 >.
> "0 ~u ~ c( LL !.!:! Ie: ell .a
c LLI-I- Ie: (,) ....J ",
W Gl e: '0 oco <9 -" 0 3: Lt'l C "0
Q: Cl ::::l. ell -"(f)(f) ai I !?; 15 Ri 0:: - 'II: c( "0 .9!
'" ~~~ (ijCLa... CO a. a. LL ....J Q) e: 0 e: Q) a;
c !:::. 0:: e: :E <9 ~ m .Q 0:: ::::l E u
.0 ::::l Q) a. to 00 - c:
'6 0 a E ,Q 3: :E C C 10 m !:: I~ Q) t'l
~LLO:: (ij go >
c 0 0 8m ~ e: N Q) Q) U5 ~ ii:' ~
::J (ij0/S 'g N N Q) LL ::::l ~ g ~ -" E Ol
u.. x x , Ri :g -= E; ~ il: E C Ri c( 0 c:
ell Q;~ , c ~ '0 '6
I- ell E (f) (f)Q) "0 ", e: i e E 0 0 ell a. ::::l 0 (,) E c:
e: ... I- Q) .!: Q) Q) Q) a; a; I~ g- o:: S
(f) Q) ell ", :E 0 o E (f) Ci a; 0 ell "8 0 ", -"
w 0::0:: ::::l U ;= > > ~ !:::. t:
a. <90.. Q) ell W Q) u; U5 0:: Q) Q) '2 Ri I
.!: W w'" -" t:t: Q) 0 0
E <9 u (,) !:i 0 Ri "0 ai -" 0 0 e: Gl € 2 ti 3: a.
E E E 0 e: ell (,) (,) ell ell a; e: > i:ii t: -" '2 'E Gl
,g .g.g u 0 Q) 0 0.0 Lt'l a. 0..0.. :s ~ c( ~ Ri e: ell 0 e: oe- .5,1 (ij
-= .",8 co 0:: 0:: E .0 .0 .0 ", ell ell J: .0 Q) "2
... ... ... a. a. 'ijj '" III ::::l ::::l ::::l ", ell a. a. ii: ~ (,) a. :0 e:
e: ", l- e: (ij ;= , ::::l
S .!eJ!? u; 0 00:: U UU 0 Gl Q) Q) I~ e: e: $
", ", ", Q) ~~ ~ 0 <(e: Z ~ J: ~ e: ~ I~ <( Q) 0 0 a. e:
e: e: e: 2 z zc( :ESl ~ m coco ~ e: Q) :E z !!l !!l ~ ;= Q)
~ ~ ~ ... 0 0 0 00:: wu 0 o 0 0 0 ~ 15 W W ~ ~ Q) u
1-1-1- e: <9....J co co CO(,) LLO Cl co coco co U (,) <9 ell ell :::; LL (f) (.) z i:ii
'-- ..., ..., -
C\J
OJ
c::
~
Q)
::!:
g, c::
U 0
co'iij
o Ul
r-:. 'E
g E
N 0
-cU
alr-
UlO
&;a:
Oe
....en
0..0
~
<(
0::
IC>
UO
<(0::
Wa.tu
CCI-C>
ZZCl
OW::>
I-~CC
ZWco
>->0
000
CCO::~
u..a.'"
o~g
>-..IN
!::<(
U!::
a.
<(
U
>-
0::
<(
~
~
::>
C/)
W
0::
::>
!::
Cl
Z
W
a.
X
W
0 0 0 0
0 0 0 0
0 0 0_ 0_
0 u? 0 l!)
+ C"'l CO ...- 0
...- <:: r-- 0> N 0>
...- .. oi "'"- ...- u?
0 a: ...- ...- C"'l
N
tf) tf) tf) tf)
0 0 0 0
0 l!) 0 l!)
0 r-- 0 r--
...- 0 N- O N
...- "'" ...- ...- CO
0 <:: r-- C"'l r-- r--
!::! .. N rei
0 a:
...-
0
N
tf) tf) tf) tf)
0 0 0 0
0 0 0 0
0 l!) 0 l!)
0 0 0 l!)- u?
...- 0> l!) C"'l r--
0 <:: CO r-- CO N_
N .. oi
en a: ...-
0 N C"'l
0
N
tf) tf) tf) tf)
0 0 0 0 0
l!) l!) 0 l!) l!)
N_ CO 0 CO l!)
en ...- a5 0 0 0
0 0> CO CO CO N
0 <:: ...- CO_ O_ 0 0
N .. r--: u?
CO a: ...- ...- l!)
0 ...-
0
N
tf) tf) tf) tf) tf)
0 0 0 C"'l C"'l
l!) 0> 0 CO 0
C"'l "'" 0_ ~ r--
CO u? oi ...- ...- r--
0'" 0 CO 0 "'" C"'l
~~ CO_ ...- CO_ CO "'"-
- .... l!) r--: N u? ...-
..... :::l ...- C"'l
gal
N
tf) tf) tf) tf) tf)
0 ...- 0 ...-
...- C"'l 0 , "'"
r-- ...- 0_ CO
..... .... r--: a5 ...- CO
0 $ 0;_ r-- ;:::: 0
0 0 r--
N .. 0 u?
to :E "'"
0 ...- ...-
0 U)
N W
tf) tf) tf) tf) tf)
CO 0 0 0 CO
C"'l l!) 0 0 CO
CO_ CO O_ r-- ...-
..... r-- cD CO C"'l cD
<:> ~ "'" CO r-- CO r--
<:> CO CO N.. C"'l_ ...-
N a5 r--: 0
to .... ...- N
<:> :::l ...- C"'l
0 al
N
tf) tf) tf) tf) tf)
...
t:
Q)
E
Ul
Ul
Q)
Ul
Ul
tV <( I/)
en Q)
l- e .... I-
U u:: U
w Q) W
...., E ,
0 VI ...,
c::: t: .:.f. 0 0
... ... t:
a. Q) n:! 0 I- 0::
> Q. ::; 0:: 0..
0 "2 n:! W Q.
~ .2 1:: u.. (3
tV iV ~ I/)
... Z ..J
Q) ~ VI [2 <(
t: U t: l-
n:!
Q) Q) .... I- 0
~ 0:: l- I-
tV tV tV ciJ
'0 .... '0
0 ::::l
l- I- l- I/)
("')
en
c:
Q;
Gl
::E
9: c:
u 0
co'ii)
o (/)
'. 'E
E
,0
"Cu
Glr--
(/)0
0-
Co"'"
o~
...'"
0..0
VJ
W
0:::
=:)
I-
:I:C
Uz
<(WI-
Wo.W
lD><C)
ZWC
Ol-=:)
I-ZlD
ZWco
~:to
OWo
lD>N
LLO;:::
00:::0
~o.~
I-~
U...J
<(
l-
n:
<(
U
I-
Z
W
:t
Z
0:::
W
>
o
C)
...J
<(
0:::
W
Z
W
C)
0 0 0 0
0 0 0 0
0 0 0 0
0 0 ll)- 0-
ll) 0 I'- "'"
:. c N ll)
~ '" N
0 c::
N
0 0 0
0 0 0
0 0 0
~ 0 0 0'
~ 0 I'- I'-
0 c ll)
r:! '"
~ c::
0
N
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0' 0
~ 0 I'- ll) I'-
0 c ll) ('")
r:! '"
O'l c::
0
0
N
0 0 0 0
8 0 0 0
0 0_ 0
O'l 0 0 ll) 0-
0 0 I'- N I'-
0 c ll)
N '"
co c::
0
0
N
0 00 0 0 0 00 0 0 0 0 0 0 0
0 00 0 0 0 00 0 0 0 0 0 0 0
0_ 00 q 0_ 0 qo 0 0 0 0_ 0 0 0_
eo 0 00 0 N 0 VOO M 0- 0- 0 0 0 0
0 0; ll) Ol I'- ...-- I'- N 00 00 v 00 N 0 Ol 0 ll)
0 N ...-- ...-- ~ ...-- ll) 00
r:! en
..,
.... ::I
0
0 ClJ
N
0 00 ('") 0 Ol ('") 0 0 0 00 ('") ll) 0 0 0 00 0 0 N
00 0 ('") v(O 0 0 0 00 (0 ~ ll) 00 0 I'-
0 0 0 ('") (0 0 0 0 0 00 N ...-- ('")- 00 0 Ol
.... .., 0 0 0 0 Ol- Lti 0 0 Lti Ltill) 1'-- ('")' ~ 00 0 I'-
0 .. vI'- ll) N VOO ll) 0 ...-- ll) co "'" vO Ol Ol
0 1U N ...-- ('") 0_ Ol
r:! ,g N
'"
0
0 Ul
N W
00 0 00 0 0 0 0 00 0 (0 00 0 0 0 0 0 0
00 0 00 0 0 0 0 00 0 ('") 00 0 0 0 0 0 0
00 0 00 ll) 0 0, 0 00 0_ ('")- 00 0 00 0 0 0
.... 00 0- (O-Lti r-: 0 0 Lti ll)- -.i 0 v OM 0 00 0 ai 0
0 0; 00 I'- ll) N I'- (0 0 0 ...-- (0 ...-- 00 0..,. ('") vO (0 ...-- 0
0 ...-- N ...-- ...-- 1'-- ...-- q ll)_ 0,
r:! en
.., ...-- ~ N ...--
'" ::I
0
0 ClJ
N
.. C C
l:!
::I l! '"
0 " l5
In
1Il
2
"5
g .c 1Il
1Il g C/) Q)
c: ~ Q Q) Q) "C ~
,2 c: 1'0. c: co ~
0 "C co -'" f!! & Ci;
ca ::> Q) co rl
"C () c: 'E (J) u c: '~ Q)
'E "" & 'E
z E > ~ ~ c: 0 0 (J) 1Il "C .<:: co ::> a::
0 co 0 1Il (J) g e E "C ~ :; I- Q) Q) Q)
i= g c: 'c Q) "C E ~ u 0 ::> c: I "C a:: ~ () ij' u
Q) ::> "C c: ~ ~ ~ co ~
ll. 0 a:: co co <:3 2 Ci; 'E ...J Ci; 'E c: Ii; :::J t c: c:
~ C: Ci; g I co en a .0 co Q) () :::J c: U <( ~ Q)
U (J) "0 , x E '9 .~ , =c Q) 0 ,2 2 LI...
In U =c ~ c: 'iij g "0 , c: c: fj "" "" .~
'E :E ::> <( (J) Q) 0 Q) co Q) co ca en ,!:
w c: "C 'E a:: 0 (J) co () Ci; ~
c Q) 0 CO j:: , a:: co () 0 W .c ,~ .c "C I :;; E > g 'E lii
~ E I ..... ,~ B -'" -'" I~ (J) ..... u co Ci; "C 0 ~ 0 > 'E
, c: ~ E 0 ~ c: c:
~ 0 c: c: 0 e w C/) B ,- c: () 0 'Cij [fj
-g ~ m .Q 0 'E lii (J) <(I a. ::> (J) g E c:
~ :::J <( co co CO a:: '" Q) a.
CO m ca a:: ::> l- I- ~ u Qi , , , , a:: e c: ,2 .!:
c: Ci5 'g. Q) , , u g 'Cij (ij co I g c: =c ::> 0 (J) '" 0 .c
0 a. E 0 0 0 (9 CO '9 a:: 0 "C ('") ('") ('") ('") ('") 31 Qi -g a::
co Qi (J) Ci; ~ 'c ~ ~ '*"'*" '*" '*" '*" c: .~ '"
'3 a:: g Q) :::J ~ 0 co ca ca ca g ~ (J) ~ 3: ~ c: c: c: c: c: ':; a:: Q) 9 'c
C .0 .0 ~ a:: 0 Q) :;
E ,~ E E E .~ <( Ci; Ci; Ci; '~ 0 'c '" ,2 ,2 .2 ,2 ,2 m 0 m ~ x x
~ :g ..... en "C ::!:
0 c: co co E en ~ c: c: c: 0 c: :::J '" ~ ca ca ca ca ca lii ca '0 w w ~
() 0 ~ :::J .c .c 0 co x (J) (J) (J) co Q) 0 Q) ~ E Q) Ci5 Ci5 Ci5 Ci5 Ci5 ~ ~
<( -g m () () () W W u:: (9 (9 (9 a. a:: a:: ~ E ~ Ci; Ci; t € CO
I I c: (J) ~ ~ ~ ~ ~ c: c: co c: .0 .0 .0
0 0 co I I I I I I I I I I I I I 0 0 c: (J) Q) (J) CO
<( m () () () () () () () () () () () () () () () () () () W u:: u:: u:: u:: u:: (9 (9 I ...J ::J ::J ::J
....,.
en
w
0::
=>
I--
:::t:c
Uz
<wI--
wo..w
CJ><C)
zWc
Ol--=>
I--ZCJ
zWco
>-:2:0
OWo
CJ>N
u..Oi::
00::0
>-o..~
I--~
U..J
<
I--
n::
<
U
Cl
c:
a;
Q)
:=
!!: c:
U 0
co .iij
c.!!?
,.:. E
g E
N 0
-cU
Q)r--
mC
0-
c..oo:t
oe
"'C1)
!l.c
:::. c:
~ ...
~ c::
~
~
<:> c:
N ...
~ c::
<:>
N
<:>
~
<:> c:
N ...
g 0:
<:>
N
a>
<:>
<:> c:
N ...
~ 0:
<:>
N
I--
Z
w
:2:
Z
0::
w
>
o
C)
..J
<
0::
w
Z
w
C)
co
<:> -
<:> '"
N en
r:: ...
<:> ::>
<:> CD
N
r-- "'C
<:> .l!!
?:l ...
~ ~
<:> III
N W
00
00
00
r- 0- 0
o _ N N
<:> '"
N en
CD ...
<:> ::>
<:> CD
N
'"
'"'
~
o
en
o
o
o
Li"i
N
o
o
o
o
o
o
o
N
00
00
00
00
00
0(0
ct5
o
o
o.
o
o
(0
o
o
o
Li"i
N
0000
0000
0000
oLi"ioo
oo:tt'--(01.O
r--
o
o
o
Li"i
N
00
o
o
1.0.
N
go
-Eg 0
Q) U U
N~ ~g -' Vl OCc
~ > c: U5 (J ......u. Q)
00 j-:::. 2 Q)-
ll.~ ~~ ~2 ~ ~ c
~~ ~~~ gi ! 11. ~ ~
-c~ ~Ero cUo ~ ~ ~ ~
go.E ~~~ w IU W ~~~ '
~~~~~C::~u~G~ ~~~ c~1l.8;
~~Il.>ZE2~uo~ Eg~c~~:~~
C~~I~~x>~~I~_~U~Q)o~~u~1
8c::E2~roWI&==~~~"'C~~~~~~
<1' ,t3Q)u~g}~-Q.Q" i53~XV~Q)-al
~~~ ,~=c:c:cOEE~Ic..o~WC::I-c~
tIl w~tIltlltllc::oOOIl.CEc..Ec::Q)EEE>0
~~ggro~C::C::C:: uu......oo ~~~~...
~~~~E~~~~g~~~~u.'u~~Q)~~
~uo.2>~~~;t'ID~~ ~~v#w,0U~
0000~~~~~~~~roro~~II~~~~li2~~~~IC
~~~~~I.f3_'.f3_'.Q)_'.f3_'.f3_'~~~~~~~~~~~.~~iiggli
VlVlVlVl-c-c u g~~>>>>>~~~aEcccc
~~~~66~~~~~&~~~~~~~~~~~~~~~~1'
:z C
o .~
~ c..
Q.. E
C2 8
U Q) <I:
Cf.)~o
~ 2: ~
::J E
'"' 0
~~
~ Q)
we:::
00
00
r--N
N.O>
o
o
o
o
o
1.0.
(0
00
1.00
N~
00>
<000
~
o
o
o
o
o
(0.
N
o
o
o
o
o
(0
o
o
o
Li"i
N
00
00
00
Li"io
Noo:t
o
o
o
o
o
1.0
o 000
o 1.000
o. t'-- <0 0
o NOO
o (000:t<O
1.0. oo:t N
~
o
o
o
o
00
00
00
00
Li"iLi"i
t'-- N
~
00
o 0
o 0
o 1.0.
o N
o
~
ooo:to~oo
or--o oo:t 0'"
00>0(0<01.0
Ll"ia>LIitO~"":
NN-r-CO('f).......
~
o
o
o
o
<0
o
o
1.0
N
000000
000000
oooOO>oo:t
to 0 to ci ~- ~
Nl().......O--O
~NI.O
o
o
o.
o
<0
;2 ;2 ;2
u u u
c
B
Q; :5li
~ ~
U<I:
'"' ...
:~ ffi
U....J
o 0
E E
'" Q)
aa
000
000
000
000
Ot'--O
Or--N
.......- r--: r--
I
o
o
o
Li"i
I'--
o
o
o.
'"
r--
o
o
o
",.
r--
00
00
00
Li"io
r--'"
00
00
00
Li"io
r-- '"
o
o
o.
1.0
r--
ro
~ ~ ~ E 0
ro ro co if) .~
ggg.~:2
c: c: ~ ,Q
,. ,. ,. ...
000 co
1-1-1->
o
o
o
o
(0
t'--
0>
~
L.(;
<I}
o
o
o.
o
oo:t
r--
<I}
o
o
o
o
0>
<0
0>
N
<I}
o
1.0
N.
en
~
r-.:
<I}
o
1.0
(0
Li"i
o
00
Li"i
~
o
~
t'--.
r--
~
en
.,f
<I}
<0
(0
<0.
r--
oo:t
<0.
co
<I}
Q
Vl
Q)
o
I-
Z
W
:=
z
c::
W
>
o
C)
..J
<
c::
w
z
w
C)
..J
<
I-
o
I-
Cl
s::
a;
Ql
~
e: s::
U 0
CO 'iij
o IJl
'. 'E
E
o
-cU
Gl.....
lJlo
0-
c."f
o!::!
..'"
Q.o
en
w
0:::
:J
I-
:I:Q
~ffi
wc..1-
m><~
ZWc
Ol-:J
I-Zm
zwco
>:Eo
OWo
m>N
LLO;::::
00:::0
>c..~
I-:E
U-J
<
I-
0::
<
u
0 0 0 0 0
0 0 0 0 0
0 0 0 0 e>.
r-: C"i .0 0 0
..... 0 C") 0 lO
+ c ~ O. O.
~ .. ~ ~
c:> a::
'"
0
0
0
~ <<i
c:> c
~ ..
c:> a::
c:>
'"
c:>
c:> C
'" ..
~ 0:
c:>
'"
'"
c:>
c:> c
~ ..
~ 0:
c:>
'"
Z
o
i=
<
W
0:::
U
W
0:::
C
Z
<
en
~
0:::
<
c..
co
g i
~ ..,
..... '"
g Cll
'"
:; II
~ ..
;0 E
o :.;::::;
c:> "'
'" w
.....
c:> l>
c:> '"
~ "'C
c:> '"
c:> Cll
'"
QI
l:
'"
o
en
z
g 5
a.. ~
[2 is
U al
~ 8
c 0=
..,
C
N
o
o
o
o
en
N
"'.l!l
c: c
"'a> a>
c E E
6 "i ~ ~
:;:::l co e e
:.a - ""C 1:: c... c...
al8.:ga>EE
~~a::C/)E"
.l!!82l5!!2l~~
q:~~..S!a...a..
-g"Boo.C6m
N & US ~ "c "2
22
~..bC:C:
UU~~
~~Ci5Ci5
.~
V>
a>
C
uuG
~~~
o
o
o
r-:
00
00
00
.00
"fN
o
o
o.
o
co
~
00
00
OlO
.0 ......
N~
'<t
o
o
o
.0
<D
o
o
o
000
00
00
00
~<D
o
o
o.
o
o
~
00
00
00
.0.0
.....
o
o
o
.0
<D
000
000
000
000
~<DO
C").
'<t
'E:
E
t:)
~
.!l
..
E
"
u
c
o
';
~
c
~
Cl
c:
Q)
c: E
a> 8-
E ~
!!! ~ ~ ~
-- -"Q. co'-'
~ ~ - a> .~ ~ ~
~",&~C::E~:::lc..
:g6Q.8-g~Q)Ecn
",1ij,gQ)5o~8Kl
0.. E; U)I C en ~ c: ~ =a
15 c: I~ >.. co Q) "- c:
a> a> "0; ~.!!1::;: i;; 0 is
cnC::/DClc.._ lS16/D
'" '" ~
~~~~~~i~
c..c..c..c..c..C::C::(9
-g-g-g-g-g ~..b__
C3C3C3C3C31i)UU
~ ~ ~ ~ ~ L3 :~ :~
/D/D/D/D/DUUU
(ij
2l~
c'"
~~
& ~
~5
> .E Kl
~ ~~
~:i::E
c,1ilJ
8 ~~
o
o
e>.
o
o
......
00
0 0 0 co
0 0 0
0 0 e>.
0 0 0
0 0 0
0 "!. '<t
N ~
o
o
o
o
N
o
o
o
o
lO
o
lO
.....
......
o
o
o
o
N
o
o
e>.
o
lO
o
o
o
o
o
~
o
o
lO
r-:
o
o
o
o
lO
o
o
e>.
o
o
~
000
OOlO
OON
o<<ir-:
o~
'<t
o
o
lO
C"i
~
o
o
o.
o
lO
o
o
e>.
o
~
o 0
o 0
e>. o.
o 0
lO lO
000
0.....0
000
owo
O~'<t
C")~'<t
00
00
00
cOr...:
~
o
o
o.
o
N
o
o
o
o
N
00
00
00
.oN
.....C")
0000
OlO'<t
0.....0>
.ow<<i
C")
o
o
o
o
C')
o
o
e>.
lO
.....
o
o
e>.
o
o
N
o
o
o.
o
~
000
OlOO
e>......o
oow.o
~ N
o
o
o.
o
C")
c c C
f f E
t:) t:) t:)
1::
is
U
~
u
~
"C
.~
~
.s
~
~ 1:= _ "0
~ ~
.e. ~ ~ u:: C/)
~ ~~ ~m"E
E ,e:e:,. 51"' o~~
2l -g",v> Iii' c8 0<(
~ ~ ~ ~ ~ ~ ~ ~ j c:: .l!l ~ "~ I
G&~~a> <5<5:::l,S c]j"'~BE
~~-g:~~c:iiC6&c::~':~~~6i
a>~~16~~~~~ER_"'OCl~U~
Ec...~~~~~~~~~c~g~~~~
8-1.!!1~ ", ~E~~III~~
~",c..c::~~~~~~~~~~&&&~
c3(ij~~~lllj -=
~~~~8~~~~GuGuuuuGG
~j~~~~~~~jjjjjjjjj
Cl
"!:
Qi
OJ
::!!:
9: r:::
U 0
CO "00
0'"
...:. "E
g E
NO
'OU
OJ,...
"'0
0-
c."<l"
0!2
'-0'>
0..0
0 0 0 f'-
0 0 0
0 0 0
0 ,.... 0
+ N '" 0
c: O.
~ '" N
0 0:
N
0 0 0 00 000 0
0 0 0 00 00 0
0 0 0 00 00 0
0 Ll"i -i 00 Ll"iLl"i 0
'" ~ '" ~ N N N
0 '"
N '"
<:; 0:
0
N
0 000
0 000
0 000
0 Ll"i Ll"iLl"io
NN'"
0 '"
N '"
C;; 0:
0
0
N
00 0 0 0 0 0 0 000 0
00 0 0 0 0 0 000 0
00 0 0 0 0 0 000 0
en 00 0 Ll"i 0 Ll"i 0 Ll"iLl"io 0
0 N ~ N "<l" N ~ NN'" C')
0 '" U"l
N '"
c;o 0:
0
0
N
C/)
W 0 00 0 0 0 0 0 0 00 000
0 00 0 0 0 0 0 0 00 000
~ 0 00 0 0 O. 0 0 0 00 000
:::l OC> 0 00 0 0 L() 0 0 0 00 oLl"io
f- 0 - '" 0<.0 ~ <.0 <.0 0 0 "<l" "<l" U"lNOl
0 ... '" U"l. ~ '"
::I: C Z N C>
;::: "C ~ N
() Z 0 0 "
<I: 0 CD
W f- i= N
W Cl. w <I:
II) >< C> w
z w c ~
0 0 CO 0 0 00 O~O 0 0 CO 000 0
0 f- :::l () 0 0U"l 00 O~O CO 0 00 0
f- Z II) W 000 00 0 Ol 0 ~ N 00 ~
Z W ~ r- "C OOeD lrilri Ll"i eD-i ~ <'i 01.0 Ll"i
co 0 ... 0 "<l" ~ NO> "<l" ~ U"l N
>- :z 0 c 0 1U ~ ~ N ~
0 W N <'i
0 Z w E
II) > N 0
0 j:;: <I: 0 III
LL. N UJ
0 ~ 0 C/)
Cl. 0 ~
~ :z N ~
<I: 0 0 0 0 0 0 00 0 0 0 000 0
U 00 0 0 0 0 00 0 0 0 000 0
...J Cl. 0 0 ~ 0 0 0 00 0 0 0 000 0
<I: r- 0 0 cO 0 0 Ll"i ON" 0 0 0 oLl"io Ll"i
!::: 0 0; 0 0 ~ CO ~ '" Ol "<l" CO N U"lNCO I"-
0 "'. N U"l. N
Cl. N 0>
W "C N ~
<I: 0 "
() 0 CD
N
... LL c:
a: .2
e '" 10 LL
" c: c: a:
0 "' 0
In (; C
z
o
i=
c.. J!3 OJ
~ 55 ~
~ E ~
w ~ .n
co=,
5.(3
.E ,
"C -""
'" '-
" co
eo..
~~ co m
~~~~
~ 8 8 8
.~ ~ t1: ~
~c"Ec
Q.
'5
0-
w
<J.)
(J
c
Jg
en "a:;
o>e:
c ='
E(j)
.22 0
c OJ
:S:2
LL>
-
.B
Q)
:i
:0
2
-""
c g ~ ~ .[ ~
~ = ~ ro co ~
[ ~ .~ 1:: -g ~ ~
"S "'0 W 5 .s c:
~ fij"g 0::: ~~-g
-gJ!a ge ~ ~~ ~~~~Ow
effiE~_~~...(Q~~ g5~~53g
en ~... _ ~.. 'u j2 16 "0) u... :.= 0 ~ ~
I ~~~~.~~roOO'5>~ mOO~i
0:, g ~ -c 0::... <2'", ~ ~ CD g :::).9 .~ rs 8 "E
_ CO:~Q)cnCl~:'= I co
1;j .E 8:. 8:. g:g ~ g.'15' a: :il,g ~ al ~ 0
c.. EEU58:.&a:5""8:s!-a,,,,::~CD
s~.g.gJh.!!?~JhU5cn>~a..-ec
IIIc..g.g>~~~I ~~c..o
~ ...&.....&.....&.. -t:x-t:~cnCl)$":::",
ts ~:i::::2 Q)Q)Q5Q5 ctl Co CtJ CO-O"'O 0
~ [~~:;:; 550..0...0...0.. ro Ctl-fj m
c~S2S2~.:3~5::J::J::J:J~~z8
'"
m .~ ~
'" ~.g, -0:0. 1!! '" C
j ~~ I?:~ 1! l.s-l
-g 0 ~ ",fa Q) 0.. co .9. V) 55 ~ Q) ctl W
'" -' (.) 1; ;= '2. g'..c 0 a: Q.. "t:l
s,~~$a3lJJ~W~(/)-E Q)~5
~ ~ -0 .~ u... V) ~ ~ c: Q) 10 ~ e
-J ..... $ ::'2: .- .:: -.... -g ~ ca ~ ~ en
i::C'Oro &Sl:'~ S2.. c~>-
.J!! c.. E ~ ... (/) .~ e <C '" g Q) Q) 1!!
a; c;; .9 ill" -;;. c;; "C ~ C ' Q, .~ 0;. 0;. 0,
t5 JJ ~ "E .s' (j) ffi J2 'co .~ ~ ~ a5 ~ Q.>Q)C:
~:Z3Z5:9.:~~CQ~"-~
~ c ~ c c c c ~ c E c C ~ ~~
~.g~.g.g.g.g.g.g~.:3$ggg
~ mmmffimmmm~~~ ~~E
888888888~~~~~~
-"" -""
Co Co
0..0..
Cl
.:
~
CIl
==
e: c
U 0
C1)'iij
o III
'. 'E
E
.0
"tlU
CIl....
lIlO
O~
0.0
0_
"'Q)
Q.O
0 0 0 0 0 0 0 0 0 0 CO
0 0 0 0 0 0 0 0 0
0 0 0, 0 0 0 0 0 0 0
0 0 0 ..0 0 0 0 0 0
CO ..0
0 0 '<t 0 N '" '" N '"
+ c: N ~ ~ 0 ~ CD
~ .. N Ol
c c: '<t ~
N ~
lt7
0 0 0 0
0 0 0
0 0 0 '"
0 cO 0 r--
'<t 0 N
c c: 0, ~
(")
C! .. N N
c c:
C
N
lt7
0 0 0
0 0
0 0 0
0 cO '"
c 0 0
C; c: '" '"
N co r--
en c:
c
C
N
lt7
0 0 0 0
0 0 0
0 0 Ol '"
0 0 r-.: CD
'" cO
c (") 0
C c: N CO
~ .. ~
C c: ~
C
N
lt7
en 0 0 0 00 0000000
W 0 0 0 00 OOONOOO 0
a::: 0 0 0 Ool OO"'OlCDOO ol
::J 0 ..0 0 ..or-.: oi 0 cD r--' ..0 0 ~ '<t
00 oi
~ c a; '<t r-- (") L()O('l")~.,..-O.,..-
c O,N (")(") CO
J: C Z N '" ~
;::: "C ~ r-.:
0 z 0 '"
c Cll ~
<( c
W I- i= N
W a.. W <(
III >< (!) W lt7
Z W C a:::
00 0 00 0 0 0 00 00 0 000
0 I- ::J 0 0 0 00 0 0 00 CO 000 C;;
I- Z III w 0, 0 00 0, ol 00 ~ '<tOO
0 ..00 r-.: ..00 NOcD ~
Z w a::: .... ] CD 0 ~ cO
~ CIO c '" '" CO N CO r-- CD 0'"
>- 0 C c CD ~ '<t, "{ N, r--
0 C! co 0
W 0 Z ,g N ~ ~ 0
III > N <D
<( C ~
0 r::: c ..
LL N W
0 a::: 0 en
a.. 0 ~
N lt7
~ ~ a:::
<( 0 00 0 00 0 00 00000 000
0 00 0 00 0 00 00000 000 0
0 ...J a.. 0 00 0 00 0, 010 OOO"'CD 000 '"
<( 0 cDo 0 ..00 r-.:o ooocDoi cOoo CO
.... 0 cD
~ c a; (") 0 '" '" CO (") "'0 0(") CO r--or--
c ~ CD ~ ~ N ~"', CO
a.. N '" ri CO
CD "C ~ ~ r-.:
<( '"
c Cll ~
0 C
N
lt7
lI> ~
~ u. ~ .. c c u.
1G
'" 11: E l! l! 11:
0 u .. C> C>
en u
2l
c:
'"
2 ~
~ __'~ en E
z "'~:: E2l"O
o 816-~.,g~]1
fi: -.l!l .i@ e:: ~ ~ gj & ~
~ 55.c [i~~ C:O::"C(I')
~ E'~ I- co ~ :g c: 0
v, .9 -' -m 0'" e-
w "- "0 .c 2l ~ ~ > i'i '"
o '~~ ~ -! g ~ 0 ~:.% ~
-g~~&~~~~~~
!~~~~..lI::~~~~~
~...mCtiCtiCtirororoctlZ
5:&~~~~::a::s~~
~16~~~88~~~
~~~~~~~~~~
cf~~~~~~~~8
'"
co .,
~ c-
- M
.E _
~~
~ if
~~~~
~ ~ ~ E
~~g~8~~~ ~
EE:CC:="E-iE a.
~~en:::BlI>02l ~
Cij ~ I Q. .~ .3 ~ [3: co .~
"i ~ ~ LL ~ ~ ~ ~ ~ ~ .~
~"E:C:~~~~i:o~S
-~~~~cf~~~&i~
.i~~~~~~~~-E:9
~:::::;::::::;::;:::~~
2:-
lI>
CD
E
~~
~i
.~ c..
- 0
c: _
wa.
.l!l '"
~ ~
g~
'" '"
e::a.
z
o
i=
<(
W
0::
U
W
0::
C
Z
<(
II)
:.::
0::
<(
Q.
..J
~
o
I-
~~
'" '"
a. a.
en en
E E
en en
~ ~
~~
-'"
'"
a.
~
-t: g>
'" "0
~ a..(.)~
E ~ ~ ,<3: ~
~c%-EI~c:::
~.9~&i~<'7j5
s~a:::c..C)eo
"~ ~ '8 ~ ~ a. u
::~e::~~0i5
i3 a iJ ~ ~ .~.~
U5U5u5~~1-1-
en
'"
'"
I~ ~
c: 0
wu
XII. - LEGAL - 2nd Reading
Non-Development
CITY OF BOYNTON BEACH ITEM 8.1
AGENDA ITEM REQUEST FOR.l'~
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
~ J August 21 , 2007 August 6, 2007 (Noon.) D
~ September 4, 2007 August 20, 2007 (Noon) D
D September 18,2007 September 3,2007 (Noon) D
D October 2, 2007 September 17, 2007 (Noon) D
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
October] 6,2007 October I, 2007 (Noon
CJ
D Announcements/Presentations D
NATURE OF D Administrative D
AGENDA ITEM D Consent Agenda ~
D Code Compliance & Legal Settlements D
D Public Hearing D
City Manager's Report '2
New Business . ~
Legal 2M Kb~JJ~
Unfinished Business
October IS, 2007 (~n) 0-1
-J =i-<
~_ -<t:'
November 5, 2007 ~~n) . ~
c;->:)
,-OJ
November 19,2007 aHoon)G; ~
...........z
"""0 I,)-l
-"""- 0
C)Z
."
::!~
0::>
rrtn
:J:
November 7, 2007
November 20, 2007
December 4, 2007
RECOMMENDATION: Approve the attached Ordinance on first reading to amend Section 18-135 of the Code of
Ordinances, entitled "Board of Trustees" of the General Employees Pension Plan.
EXPLANATION: The Board of Trustees of the General Employee Pension Plan is composed of seven (7) members.:
The Mayor, The City Manager, two (2) citizens appointed by the City Commission, one (1) employee representative selected
at large by the members of the Plan, one employee representative selected by the membership who must be a Union member
and one employee who is not a union member. The attached Ordinance modifies the configuration of the Board by allowing
the City Manager to appoint a designee to serve in the Manager's place on the Board. The City Manager's Designee must be
ratified by the City Commission.
PROGRAM IMP ACT: None.
FISCAL IMPACT: None
ALTERNATIVES: Not approve the Ordinance and require the City Manager to be one of the Board of Trustees of the
General Employees Pension Board.
"
~ /~~
Department Head's Signature
~H~
City Manager's Signature
~
Assistant to City Manager
City Attorney
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. 07-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA AMENDING CHAPTER 18, ARTICLE II OF
5 THE CODE OF ORDINANCES OF THE CITY OF
6 BOYNTON BEACH, FLORIDA TO AMEND ~18-135,
7 ENTITLED "BOARD OF TRUSTEES," TO ALLO'V THE
8 CITY MANAGER TO APPOINT A DESIGNEE AS A
9 MEMBER OF THE BOARD TO SERVE IN HIS PLACE;
10 PROVIDING FOR CODIFICATION; CONFLICT~
11 SEVERABILITY; AND PROVIDING AN EFFECTIVE
12 DATE.
13
14 'VHEREAS, the General Employees' Pension Plan Board of Trustees (the
15 "Board") is composed of seven members of the Board, one of which is the City
16 ~anager; and
17 'VHEREAS, it is the desire of the General Employees' Pension Plan Board of
18 Trustees ("Board") to enable the City Manager to appoint a designee to serve in his
19 place on the Board; and
20 WHEREAS, the City Commission has reviewed the recommendations of the
21 Board and finds the amendments to the Plan proposed by the Board as provided herein
22 to be in the best interests of the Plan members and the City;
23 NO'V, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
24 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
')-
-)
Section 1.
The foregoing "WHEREAS" clauses are hereby certified as being
26 true and conect and are incorporated herein by this reference.
CODING:
Words in strike through type are deletion from existing 13\\/;
Words in underscored type are additions.
Page 1 of 4
1
Section 2.
Chapter 18, A1iicle II, Division 4, S 18-77 of the Code of
2
Ordinances of the City of Boynton Beach, Florida, entitled "Creditable Service," is
3
hereby amended to read as follows:
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
~18-135.
Board of Trustees.
(a) Composition of the Board. The composition and temlS of the seven (7) members
of the Board of Trustees of the Employees Pension Plan of the city are hereby
established as follows:
(1) The ~ayor.
(2) The City Manager, or his designee. The appointment of a City Manager
designee by the City ~anager shall be ratified by the City Commission.
(3) Two (2) individual citizens who shall be appointed by the City Commission
to serve for three (3) year staggered terms.
(4) One (1) employee representative member shall be elected at-large by the
members of the Plan to serve a three (3) year term.
(5) One (1) employee representative member shall be elected to serve a three
(3) year term by all members of the plan from the general membership of the plan,
provided the member is a member of a bargaining unit of the city.
19
20
21
22
23
24
25
26
(6) One (1) employee representative member shall be elected to serve a three
(3) year term by all members of the plan from the general membership of the plan,
provided the member is not a member of a bargaining unit of the city.
(7) Employee representatives on the Board must be actively employed at the
city to be elected to the Board. An employee who enters the DROP as provided in S 18-
127, may continue to serve out the remainder of their term on the Board, but an
employee representative may not be elected to the Board if they have already entered
into the DROP prior to the election.
27 (8) The terms of the employee representatives on the Board shall be staggered.
28
CODING:
Words in strike through type are deletion from existing law;
Words in underscored type are additions.
Page 2 of 4
20
Section 3.
It is the intention of the City Commission of the City of Boynton
2 Beach that the provisions of this Ordinance shall become and be made a part of the
3 Code of Ordinances of the City of Boynton Beach, Florida. The Sections of tbis
4 ordinance may be renumbered, re-Iettered and the word "Ordinance" ma}' be changed to
5 "Section", "Article" or such other word or plu-ase in order to accomplisb such intention.
6
Section 4.
All Ordinances or parts of Ordinances, Resolutions or pm1s of
7 Resolutions in conflict herewith be and the same are hereby repealed to the extenT of
8 such conflict.
9
Section 5.
If any clause, section, or other part or application of this
10 Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or
11 invalid, such unconstitutional or invalid part or application shall be considered as
12 eliminated and so not effecting the validity of the remaining p0l1ions or applications
13 remaining in full force and effect.
14
Section 6.
This Ordinance shall become effective when the following has
15 occurred:
1611
17
the foregoing changes to pension benefits has been ratified by the collective
a)
bargaining unites) representing the General Employees, or their successor
18
organizati on;
19
b)
the City Commission has received and has accepted a report establishing
the actuarial soundness of these amendments; and
CODING:
Words in strike through type are deletion from existing lav,':
Words in underscored type are additions.
Page 3 of 4
1
c)
a copy of this ordinance has been forwarded to the State of Florida
2 Division of Retirement.
3 Upon satisfaction of this requirement, then in that event, the terms and provisions
4 of this Ordinance shall become effective.
5
FIRST READING this _ day of
,2007.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
SECOND, FINAL READING and PASSAGE this
,2007.
day of
CITY
OF
BOYNTON
BEACH,
FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Conmlissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl ~cKoy
ATTEST:
Janet M. Prainito, CMC
City Clerk
(CORPORATE SEAL)
CODING:
Words in strike through type are deletion from existing law;
Words in underscored type are additions.
Page 4 of 4
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlyJ.
XII. - LEGAL - 2nd Reading
Non-Development
ITEM 8.2
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Cjtv Clerk's Office Meeting Dates in to City Clerk's Office
-"'l August 21, 2007 August 6, 2007 (Noon.) D October 16, 2007 October], 2007 (Noon
W
~ September 4,2007 August 20, 2007 (Noon) D November 7, 2007 October] 5, 2007 (Noon)
D September 18, 2007 September 3, 2007 (Noon) D November 20, 2007 November 5, 2007 (Noon)
D October 2, 2007 September 17,2007 (Noon) D December 4, 2007 November 19,2007 (Noon)
o
,,-I
=i-<
-<0
~'"T1
~-CC
r>1Q
::.:1-<
:AX
:J:'"' <.h-l
::J: 0
0%
<2 '"T1ro
~f11
0::>
RECOMMENDATION: CP ('T1~
.....
Approve the first reading of Ordinance no. 07-_ amending sections 26-9 and 26-34 of the City's Code
governing rates for potable water, wastewater, and capital facilities charges.
Ann ouncements/Presentati ons
Code Compliance & Legal Settlements
Public Hearing
D
D
kSI
D
D
City Manager's Report
New Business
Legal-2~ ReC\ltl~
Unfinished Business
o
--.J
:x:-
c::
c;->
I
W
NATURE OF
AGENDA ITEM
D
D
D
D
o
Administrative
Consent Agenda
EXPLANA TION:
Based upon a rate study completed by CH2MHiII, the City's Utilities Department will require additional
revenues in order to properly operate and maintain the current system, and also to allow for future
expansions and improvements. The rate structure adopted via this ordinance will generate the revenue
required to meet these future demands.
PROGRAM IMP ACT:
Sufficient revenues are essential for maintaining proper coverage on existing bonds' debt service, and for
assuring the long-term stability of the system.
FISCAL IMP ACT:
The new potable water and wastewater rates are anticipated to generate approximately 27.4 million dollars
in operating revenues for the upcoming fiscal year of 2007-08.
ALTERNATIVES:
Leave the current rates in place.
&-Y:4...4 /! I< 11.",--, f/./.?
Depa ent Head's Signature '
~
C'M ~S'
Ity anagers Ignature
Assistant to City Manager ~
UTILITIES
Department Name
City Attorney! Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Xc: Peter Mazzella (w/copy of attachments)
Barbara Conboy
City Attorney
Finance Dept.
File
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. 07-
2
3 AN ORDINANCE OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA
5 AMENDING CHAPTER 26, WATER, SEWERS AND
6 CITY UTILITIES, AMENDING SECTION 26-9,
7 REVISING THE RATE SCHEDULE FOR POTABLE
8 WATER AND WASTE'VATER; AMENDING SECTION
9 26-34, REVISING THE CAPITAL FACILITIES
10 CHARGE IMPOSED; AND PROVIDING FOR
11 CONFLICTS, SEVERABILITY, CODIFICATION AND
12 AN EFFECTIVE DATE.
13
14 WHEREAS, at the direction of the City Commission of the Cityof Boynton Beach,
15 in 2005 the City's utility system consulting engineers, CH2M Hill Consulting Engineers,
16 conducted a study on water and sewer rates necessary in order for the City to provide the
17 desired level of services ("Study"); and
18 WHEREAS, based on their review of the Study and the potable water, wastewater
19 and stormwater systems and the capital facilities charges, City staff recommends
20 modifications to Chapter 26, Water, Sewers and City Utilities, of the Code of Ordinances;
21 and
22 WHEREAS, the provisions of Section 180.136, Florida Statutes, requiring notice of
23 proposed increase to any rate, charge or fee for water or sewer utility service, have been
24 satisfied, as the required notice has been furnished to each utility customer through the City's
25 regular billing process; and
26 WHEREAS, the City Commission of the City of Boynton Beach has determined that
27 the revenue requirement for the City's potable water, wastewater and stormwater systems will
28 increase 6.5% for FY 2008 and then 5.5% annually through 2012; and
29 WHEREAS, in order to ensure that the projected requirement increases are covered,
adjustments for potable water and wastewater rates and capital facilities are necessary: and
2 WHEREAS, the City Commission of the City of Boynton Beach, based upon the
3 justification provided by the City's utility system consulting engineer in a report to the City
4 Commission in ~ay 2007, and by City staff, deems it to be in the best interests of the citizens
5 and residents of the City to amend Chapter 26, Water, Sewers and City Utilities, of the City
6 of Boynton Beach Code of Ordinances to provide for these necessary changes:
7 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
s THE CITY OF BOYNTON BEACH, FLORIDA. THAT:
9
Section 1,
Each Whereas clause set forth above IS true and correct and
10 incorporated herein by this reference.
11
Section 2,
That Chapter 26, Article I, Section 26-9, entitled \Vater and
,')
,,,;.
wastewater rates and charges, is hereby amended in part by deleting Schedule L Potable
13
Water Rates, and replacing the same with a new Schedule L Potable Water Rates, as follows:
14
15
Sec. 26-9. Water and wastewater rates and charges.
16
17
18
19
20
21
22
23
24
The monthly rates and charges for water and wastewater shall be as
set forth in the five-year schedules in this section. Such rates shall become
effective on October 1 st of each of the fiscal years indicated and shall not be
prorated:
SCHEDULE 1. POTABLE WATER RATES
(a) Residential Rates:
I .HOlltlt(l' Potable
I Tf't:ler Usage
I ~~s~ ~~Ci]ity charge
o 9. OOG
I gallons/month
I ~; :~)~ ~:~: ~~~:~l~nd
I 2,ull on s
~
I ~~.~~ ~~ f~~::~nd
gallons
I Inside Cif)'
I Outside City
! .
:::
''',,",,~iio~~~~''''''''''>Oi.i<l',,;.''
9,001 30,000 $1.96 per thousand $2.15 l'Jer tho'clsand
gallons/month gallons gallons
Over 30,000 $2.75 per thousand $3.11 per thousand
gallons/month gallons gallons
1
2 (b)(b) Commercial Rages:
3
Monthly P-otablc Inside City Outside Ci~r
Ul..., , TT~"~,,
_.~
Base facilityehur:2,e (J' () ,V\ ., (J'1 f'\ r\f'\ .
"'~. '" ...
0 9,000 $1.15 per thousand $1.11 per thousand
._~11 gallons '~allons
9,000 30,000 $1.96 per thousand $2.15 per thousand
gallons/month gallons Gallons
O','l::r 30,000 $2. 75 per thousand $3.11 per thousand
_11 gallons :2,allon3
4
5 (a) Residential and Commercial rates inside city:
6
I Fiscal Base Facility Base Facility 0-9,000 9,001- 30,001- Over
I Year Charge Charge gallons/ 30,000 50,000 50,000
(Residential) (Commercial month* gallons/ gallons/ gallons/
) month * month * month*
2007- $4.40 $8.80 $1.16 $2.07 $2.75 '$3.39
08
2008- 4.84 [9.68 1.27 2.27 3.03 3.73
09
12009- 5.23 ! 10.45 1.37 2.45 3.27 4.03
10 I
I 2010- 5.44 10.87 i 1.43 12.55 3.40 4.19
11
2011- 5.44 110.87 11.43 2.55 3.40 4.19
12
7
8 (b) Residential and Commercial rates outside city:
9
Fiscal Base Facility Base Facility 0-9,000 9,001- 30,001- Over
Year Charge Charge gallons/ 30,000 50,000 50,000
I (Residential) I (Commercial month * gallons/ , gallons/ gallons/
i ) month * month* I month*
2007 - $5.50 I $11.00 I $1. 44 $2.58 $ 3.44 1$4.24
08
2008- 6.05 112.10 11.59 2.84 3.78 14.67
09 i
I
3
I 7009- I 6.53 13.07 I 1.72 3.07 4.08 5.04
i ,
i 10 !
12010- ! I
I 6.80 13.59 i 1.78 3.19 4.25 5.24
I
i 11 I I
I 2011- , 6.80 13.59 1.78 3.19 4.25 5.24
I
i 12 I
2
*Represents monthly usage rates per thousand gallons
~
.)
4
Section 3.
That Chapter 26, Article I, Section 26-9, entitled Water and wastev,'ater rates
5 and charges, is hereby amended in part by deleting Schedule II, Wastewater Rates. and
6 replacing the same with a new Schedule II, Wastewater Rates, as follov;s:
7
8
SCHEDULE II. W ASTEW A TER RA. TES
(a). Rcsidontio.lo.nd commercial rft~::~~~ .~~?~
I fu.e.al I Base I GBffifl'lBtlJty Rate
I I I Dollurs Pcr Thousal1d
i ! : Gallons
i 1990 91 i &+:-9-+ I Ud+
I ~~~~ ~2 I &#j , ~
I ~~~~ ~~ 19:4+ i ~
. 19S)3 9~ ~ I ~
i 199495 I~ ,~
(b) Residentiul and commercial rates outside city:
I fu.e.al I Base ! Commodity Rate
I I,' i Dolbrs Per Thousand
! ~ "
! 'vUllon::;
Rate Ifl';o Wuter
Metff
Rute If!\:0 Willer
:\4etef
$ 1 6 .4 5
~
~
.J-9.;:;'4
.J-9.;:;'4
9
: 1 990 91
19S)] 92
11992 93
1199394
1199~95
i &9:-%
i~
: ++:-+e
I~
!~
~
; h+G
1+:-&+
$20.55
~
23.21
~
21.67
i~
I
· .f.-:..9.;
10
11
12
(a) Residential and cOlmnercial rates inside city:
fiscal
Base
Commodity Rate
Dollars Per Thousand
Gallons
$1.69
1.83
1.90
Rate If No \Vater
Meter
2007-08
2008-09
2009-10
5>11.14
12.03
12.52
523.00
24.84
25.83
,
..;
2010-11 112.77 1.94 26.35
2011-12 112.96 1.97 26.75
1
2
3
(b) Residential and commercial rates outside city:
Fiscal Base Commodity Rate Rate If NoW ater
Dollars Per Thousand Meter
Gallons
2007 -08 $13.93 $2.12 $28.79
2008-09 15.04 2.29 31.09
2009-10 15.64 2.38 32.33
2010-11 15.95 2.43 32.98
2011-12 16.19 2.47 33.47
4
5
Section 4.
That Chapter 26, Article II, Section 26-34 is hereby amended in party
6
by adding the words and figures in underlined type and by deleting the words and figures in
7
struck-through type as follows:
8
Sec. 26.34. Capital facilities charges and connection charges.
9
10
11
12
13
14
(A) CAPITAL FACILITIES CHARGE IMPOSED. When property
receives water and/or sewage service from systems owned or controlled by the
city, the owner of such property shall pay unto the city a water and/or sewage
capital facilities charge as follows:
(1) Water:
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
(a)
Property located within the municipal limits of BO,vnton Beach.
Nine hundred thirty three dollars ($9:33.00) One thousand one
hundred twenty-two dollars ($1 J 22.00) per equivalent dwelling
unit. "Equivalent dwelling unit" is defined as a unit of construction
having the same water usage as a one-bedroom single-family
home, and the number of equivalent dwelling units, for the purpose
of this calculation, contained within the property shall be
determined in accordance with the schedule attached to Ordinance
Number 80-10 [Article II of this chapter] and by reference made a
part thereof.
(b)
Property located beyond the municipal limits of Boynton Beach but
within the utility service area. One thousand one h'.1ndred GiJ~ty six
donUTS ($1,166.00) One thousand four hundred three dollars
($1,403 .00) per equivalent dwelling unit. "Equivalent dwelling
5
2
~
.)
4
"
6
7
8
9
]0
1 ]
]2
]3
]4
]5
]6
]7
]8
19
20
21
22
23
24
25
26
L/
28
29
30
II
31
32
~~
-' :)
34
35
36
37
38
39
40
41
42
unit" is defined as a unit of construction having the same \\ 1
usage as a one-bedroom single-family home, and the number (11
equivalent dwelling units, for the purpose of this calculat](\l1.
contained within the property shall be detemlined in accordance
with the schedule attached to Ordinance Number 80-10 [/\rtick II
of this chapter] and by reference made a part thereof.
(2) Selvage:
(a) Property located within the municipal limits of Boynton Beach.
One hundred sixty si~; dollars ($166.00) Six hundred sixtv-five
dollars ($665.00) per equivalent dwelling unit. "Equivalent
dwelling unit" is defined as a unit of construction generating the
same amount of sewage as a one-bedroom single-family home. and
the number of equivalent dwelling units, for the purpose of this
calculation, contained within the property shall be detenllined in
accordance with the schedule attached to Ordinance Number 80-10
[A11icle II of this chapter] and by reference made a part thereof.
(b) Property located beyond the municipal limits of the Ci ty of
Boynton Beach but within the utility service area. Eight hundred
thirty-one dollars ($831.00) Tv/o hundred SC\'en dollars (S20'7.00l
per equivalent dwelling unit. "Equivalent dwelling unit" is defined
as a unit of construction generating the same amount of sewage as
a one-bedroom single-family home, and the number of equivalent
dwelling units, for the purpose of this calculation, contained within
the property shall be determined in accordance with the schedule
attached to Ordinance Number 80-10 [.A..rticle II of this chapter]
and by reference made a part thereof.
Said capital facilities charge is designed to cover the cost of eXIsting or
additional raw water production facilities, water treatment facilities and 'vvater
distribution facilities together with sewage transmission facilities either existing
or additions and improvements thereto which will be utilized by the city to
provide water and sewer service to said property. Said capital facilities charge
shall be paid or in part credited if appropriate upon the issuance of the first
building permit issued on the owner's property and shall be computed based upon
the rate in effect upon that date.
Section 5.
Each and every other provision of Chapter 26, not herein specifically
amended shall remain in full force and effect as previously enacted.
6
Section 6.
All ordinances or parts of ordinances in conflict herewith be and the
2 same are hereby repealed.
3
Section 7.
Should any section or provision of this ordinance or portion hereof,
4 any paragraph, sentence or word be declared by a court of competent jurisdiction to be
5 invalid, such decision shall not affect the remainder of this ordinance.
6
Section 8.
Authority is hereby granted to codify said ordinance.
7
Section 9.
This ordinance shall become effective October 1, 2007.
8
9
10
11
12
13
14
15
16
17
18
19
FIRST READING this _ day of
,2007.
SECOND, FINAL READING AND PASSAGE this
,2007.
day of
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
20
21
22
23
Commissioner - Ronald Weiland
24
25 ATTEST:
26
27
28 Janet M. Prainito, CMC
29 City Clerk
30
31 (CORPORATE SEAL)
32
33
Commissioner - Mack McCray
Commissioner - Carl McKoy
7
,'!{/'.' l' Yo", .'. ....
!
, i
,
~trb\.jP:'
J..\.. v
''V ;:,~~: ,. ," ~:j<fY
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOR
XII. - LEGAL - 1st Reading
ITEM C.1
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
D August 21, 2007 August 6, 2007 (Noon.) D
[8J September 4, 2007 August 20, 2007 (Noon) 0
0 September 18, 2007 September 3,2007 (Noon) D
0 October 2,2007 September 17,2007 (Noon) D
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
October 16, 2007
October 1, 2007 (Noon
November 7, 2007
October 15,2007 (Noon)
-J
,')
O~
=i-<
-'::0
-"
n
,-OJ
rno
-::::1-(
-,-~:-'1f'
.....~
{/)O
'::lZ
...,.,
..."CO
-01
(J',P>
01Q
.....
November 20, 2007
November 5, 2007 (No&n
:P"
November 19, 2007 (N~)
December 4, 2007
NATURE OF
AGENDA ITEM
D
o
D
o
[8J
AnnouncementslPresentations
Administrative
Consent Agenda
Code Compliance & Legal Settlements
Public Hearing
0 City Manager's Report ~
-'-'"
0 New Business -
-
..
[8J Legal W
.;:-
D Unfinished Business
D
RECOMMENDATION: Please place this request on the September 4,2007 City Commission Agenda under
Public Hearing and Legal, Ordinance - First Reading. The Planning and Development Board on July 24, 2007 recommended
that the item be tabled for further review, and will therefore return to their August 28th meeting. The Community
Redevelopment Agency Board on August 14,2007, recommended that the request be approved, subject to changes to allow
multiple vending units at a single location. The proposed ordinance has been revised to allow multiple vendors at one
operating area, and to remove the size restrictions on MVUs to be located on private property. Lastly, it was changed to
require daily removal of all MVU s regardless of location. For further details pertaining to this request, see attached
Department Memorandum No. 07-005.
EXPLANATION:
PROJECT:
AGENT:
DESCRIPTION:
Mobile Vendors (CDRV 07-005)
City-initiated
Request to amend the Land Development Regulations Chapter 2. Zoning by the addition
of a new section with provisions and regulations for mobile vendors including definitions,
location restrictions, review and approval procedures and requirements, and operational
rules.
PROGRAM IMP ACT:
FISCAL IMPACT:
AL TERNATIVES:
N/A
The proposed ordinance includes the necessary fees to cover staff processing of initial reviews and
renewals.
t 'pp'oved the pmposed mdinsnee 0' 'ppmve ~~ t/7~
~er's Signature
Assistant to City Manager _~
Develop
[_1//
Planning and Zon' City Attorney / Finance
S:\Planning\SHARED\WP\SPECPRO ODE REVIEw\CDRV 07-005 Mobile Vendors\Agenda Item Request Mobile Vendors CDRV 07-0059-4-
07.docS:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 07-005 Mobile Vendors\Agenda Item Request Mobile Vendors CDRV 07-0058-21-
07.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING
Memorandum PZ 07-005
RE:
Chair and Members
Planning & Development Board
Community Redev~~og~n~ Agency Board
Michael W. Rump~
Director of Planning and Zoning
Quintus Greene ~ V
Director of Dev~ment
July 19, 2007
CODE REVIEW - CDRV 07-005
Mobile Vendors
(Interim amendments to LDRs)
TO:
FROM:
THROUGH:
DATE:
NATURE OF REQUEST
The City Commission has directed staff to prepare for consideration, amendments to the Land
Development Regulations to accommodate mobile vendors. The directive was prompted after
awareness that the operators of a local convenience store had an agreement for on-site preparing
and selling of barbecued meats. There are currently no zoning regulations for such "mobile
vendors", and therefore they have been construed as prohibited. The only related regulations
currently apply to sidewalk cafes (i.e. restaurant seating placed within the right-of-way), or the
provisions specifically for the Shoppes of Woolbright PCD allowing one (1) vendor cart as
approved through the use approval process. With respect to business approvals, the city does
allow those businesses that are actually "mobile", such as food caterers including ice cream
trucks, car washing/detailing, vending machine venders, and other like businesses that do not
operate from a single or fixed location. However, this type of business is not regulated by zoning
regulations.
The proposed amendment is comprehensive, in that it includes definitions, location restrictions,
review and approval procedures, and operational rules. The proposed amendment would also
accommodate/regulate street vendors that involve the sale of merchandise (including food),
provide limited personal services, and clean and detail vehicles. These interim (prior to adoption
of the LDR rewrite) regulations are proposed to be placed within a new section of Chapter 2.
Zoning, of the Land Development Regulations (Chapter 19) (see Exhibit "A").
BACKGROUND
As indicated above, the city currently has no provisions applicable to mobile vendors, which are
also referred to as "street vendors" or "sidewalk vendors". The author of a 2002 PAS Report
published by the American Planning Association, describes such uses as often being "under the
radar" with respect to local zoning regulations. In contrast, it is also possible that such uses are
over-regulated due to the potential to reduce sidewalk passages, generate waste that contributes
to unsightliness of a downtown, or compromise public safety. Lastly, such uses are typically
characteristic of central cities and other intense activity centers.
The objectives applied in drafting the subject amendments include:
· Establishment of clear and concise regulations;
· Ensuring protection of public health and safety, with particular emphasis on food
preparation and waste;
· Providing for limited flexibility, and appearance consistent with affected properties;
· Acknowledgement of existing businesses and the importance of equality; and
· Preventing proliferation and potential nuisances.
PROPOSED AMENDMENTS
The proposed amendments to the zoning regulations are attached as Exhibit "A", and described
below as organized according to the principal sections of the subject regulations.
Definitions:
lfthe subject regulations are supported by the Commission, it is necessary to include numerous
definitions for clarity and enforcement purposes. The majority of the proposed terms relate
specifically to the handling and vending of food. Also notable are the definitions for
"Merchandise", "Mobile vending unit" and "Services". By virtue of the definition, the types of
merchandise are limited to art, small personal items, cell phones or other similar electronics and
recordings, small appliances, medicines, and books/magazines. With respect to "services", the
proposed regulations are limited to 1) personal services including hair braiding, personal
portraits, and body art; 2) the cleaning and detailing of vehicles; and 3) the repair and/or
refinishing of small household goods and tools (i.e. jewelry, knives, utensils, dishware, etc.).
Lastly, the terms include a definition indicating the different zoning districts where the eligible
vendors are permitted.
Application Process & Rules:
The proposed text amendment assigns administration responsibility to the Planning & Zoning
Division; describes all application and eligibility requirements; and establishes authority for
approval with the Planning & Development and Community Redevelopment Agency Boards.
The approval would be for one (1) year and could be renewed through an administrative process.
Appearance and Location Restrictions:
The staff review and reporting of the applications filed under this process would include a simple
analysis of the proposed cart and equipment to be used by the applicant, and confirmation that
the proposed location complies with the requirements. With respect to design and appearance,
for uniformity, staff proposes that each mobile vendor cart (MVU) be restricted to a specific
location and be of materials and colors that are consistent with the surrounding environment.
Staff has included illustrations of typical MVUs that would generally comply with the
requirements described herein (as related to the sale of merchandise and providing personal
services), and recommend that they accompany the implementing ordinance as a guide for
ultimate applicants and staff (see Exhibit "B").
To preserve safety and flow along public walks and rights-of-way, the review criteria also
include consideration for sidewalk width, existence of street furniture or other elements and
obstructions, circulation design and patterns. With the vending cart in place, the sidewalk
passage shall not be reduced below four feet in width.
The proposed ordinance also minimizes the concentration of such actIvItIes, or potential
nuisances and unjust competition by a minimum distance separation of lOO feet between
vendors, a minimum separation of 300 feet from selected gathering places involving children and
religious worship, and a minimum distance separation of 300 feet from a fixed commercial
business that sells or provides similar merchandise or services.
General Restrictions:
Additional rules and restrictions are also proposed, and a few of particular interest are
summarized below:
*The maximum area allowed to be occupied by a MVU that is used for the sale of merchandise
(or food) or providing personal services would be 72 square feet. However, the maximum space
allowed for MVUs used for vehicle cleaning would be regulated more subjectively, being limited
to that space which is necessary to reasonably perform the necessary service.
*The maximum size of a MVU used for the sale of merchandise (including food) or to provide
personal services would not exceed 48 inches wide, 96 inches long, and 84 inches high overall.
* All merchandise and food must be displayed from the MVU, and all signage must adhere to the
maximum allowed height, and be displayed from, or lean against the MVU.
* All MU\l s used in accordance with this ordinance must be removed daily, and specifically, no
MVU is allowed to remain in place between the hours of midnight and 6:00 am.
Revocation of Approval:
The proposed regulations conclude with the reasons and process for revocation of a permit issued
for a MVU. An appeals process is also proposed, which is only considered by the City
Commission after the necessary processing by city staff.
RECOMMENDATION
Staff recommends that these proposed amendments to Chapter 2. Zoning of the City's Land
Development Regulations be approved. Any changes recommended by the advisory boards and
approved by the City Commission will be incorporated into the final ordinance.
Staff also recommends that future evaluations be conducted during the initial application of this
ordinance to confirm that its affects contribute positively to the city's image and vision, and that
its benefits out-weigh any related costs.
Attachments
MR
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\07-005 Mobile Vendors.doc
EXHIBIT A
DRAFT
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA ESTABLISHING
REGULATIONS FOR MOBILE VENDORS.
PURPOSE
The purpose of this ordinance is to provide for the regulation of street and sidewalk
vending activities in certain commercial and mixed-use zoning districts of the City, in
order to more fully promote the public interest by contributing to an active and attractive
pedestrian environment. In recognition thereof, reasonable regulation of street and
sidewalk vending is necessary to protect the public health, safety, and welfare and the
interests of the City in the primary use of public streets and sidewalks for use by
vehicular and pedestrian traffic.
It shall be unlawful for any person, firm, corporation, or association to engage in or carry
on the business of vending food, goods or services, upon private property or the public
ways of the City of Boynton Beach without first having secured a permit or permits as
required by this ordinance. It is not the intent of these regulations to be applied to
mobile vendors temporally approved in conjunction with a special event.
DEFINITIONS
For the purpose of implementing and interpreting this ordinance, the following definitions
shall apply:
Adulterated shall mean the condition of a food that bears or contains any poisonous or
deleterious substance or has been processed, prepared, packed or held under
unsanitary conditions, whereby it may have become contaminated with filth, in a quantity
which may render it injurious to health.
Aooroved manner shall mean that method of dealing with waste, solid or liquid, which
comports with adequate sanitation methods as established by the Division of Hotels and
Restaurants of the Florida Department of Business and Professional Regulation.
Aooroved source shall mean a licensed food processing establishment considered
satisfactory by the health director and serving food products which are clean,
wholesome, free from adulteration or misbranding and safe for human consumption.
Commercial or Mixed-Use Zone shall mean any property which is presently or hereafter
zoned C-2, C-3, C-4, CBD, PCD, SMU, MU-L 1, MU-L2, MU-L3 and MU-H or any
commercial or mixed-use zoning districts subsequently adopted by the City of Boynton
Beach.
Commissary shall mean a food processing establishment or food service establishment
approved by the Division of Hotels and Restaurants of the Florida Department of
Business and Professional Regulation in which food, containers or supplies are kept,
handled, prepared, packaged or stored for transportation by mobile vendors.
1
Corrosion resistant material shall mean a material which maintains its original surface
characteristics under prolonged influence of food, cleaning compounds, bactericidal
solutions and other conditions-of-use environment.
Easilv cleanable shall mean that surfaces are readily accessible and made of such
material and finish and so fabricated that residue may be effectively removed by normal
cleaning methods.
Food shall mean any raw, cooked or processed edible substance, ice, beverage or
ingredient used or intended for use or for sale in whole or in part for human
consumption.
Food handler shall mean a person, certified by the Division of Hotels and Restaurants of
the Florida Department of Business and Professional Regulation, engaged in the
preparation, handling or vending of food.
Food vendor shall mean any person, group of persons, firm or corporation who
individually or by or through an agent or employer, offers for sale, sells, attempts to sell,
exposes for sale or gives away any food intended for human consumption from any
vehicle or by a person afoot.
Label shall mean a display of any written, printed, or graphic matter upon the immediate
container, not including package liner, of any prepackaged article in accordance with
state law.
Liauid waste shall mean fluid, resulting from wastes produced from food vending
operations, composed of solids, whether dissolved or in suspension; liquids, whether in
solution, in emulsion or in separate phases; and gases. The term shall also include
melted ice.
Merchandise shall mean items of clothing, jewelry (including timepieces), photos,
artwork, housewares, flowers, plants, landscape materials, carpets, phones and
accessories, small appliances, medicines, personal care items, books and/or magazines
as well as audio or video recordings, tapes, discs or other media.
Mislabeled and misbranded shall mean the presence of any written, printed or graphic
matter upon or accompanying any food or container of food which is false or misleading
and which is not presented in the English language as stipulated by the Food and Drug
Act, Title 21, Chapter 1-101.15 or which violates any applicable federal, state or local
labeling requirements.
Mobile vendina unit (MVU) shall mean any movable cart, trailer, or other vehicle that is
operated from an established location, from which food, flowers, and other merchandise
and services, as well as non-alcoholic beverages are provided to the public with or
without charge; except, however, that the provisions of this ordinance shall not apply to
mobile caterers or service providers, generally defined as a person engaged in the
business of transporting, in motor vehicles, food, beverages, or service equipment to
residential, business, and industrial establishments pursuant to prearranged schedules,
and dispensing from the vehicles the items or services at retail, for the convenience of
the personnel of such establishments
2
Perishable food shall mean food, including shelled eggs, of a type or in such condition
that it will become adulterated unless kept at a temperature which will maintain product
quality and wholesomeness.
Permit shall mean a license to operate a mobile vending unit which shall be issued by
the Planning and Zoning Division of the City's Department of Development for a stated
fee and shall be carried by a vendor or food handler at all times while vending.
Potentiallv hazardous food shall mean any food that consists in whole or in part of milk
or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea or other ingredients
including synthetic ingredients, in a form capable of supporting rapid and progressive
growth of infectious or toxigenic microorganisms. The term does not include clean,
whole, uncracked, odor-free shell eggs or foods which have a pH level of 4.5 or below or
a water activity (AW) value of 0.85 or less.
Public ways shall mean and include all portions of public streets, alleys, sidewalks, trails
and parking lots of the City of Boynton Beach and, in addition, shall include privately
owned streets, roads, alleys, sidewalks, trails, and parking lots that are provided for
public use or access.
Safe temoeratures, as applied to potentially hazardous food, shall mean temperatures of
forty-five (45) degrees Fahrenheit (seven (7) degrees Celsius) or below, or one hundred
forty (140) degrees Fahrenheit (sixty (60) degrees Celsius) or above and zero degrees
Fahrenheit (minus seventeen (17) degrees Celsius) or below for frozen food storage.
Sanitize shall mean effective bactericidal treatment of cleaned surfaces of equipment
and utensils by a process which has been approved by the Division of Hotels and
Restaurants of the F/orida Department of Business and Professional Regulation as
being effective in destroying microorganisms including pathogens.
Services shall mean personal services to include portraits, body art, and hair braiding;
the cleaning and detailing of vehicles including automobiles, trucks, vans, and
motorcycles; and repairing household goods, tools, and equipment.
Sin ale service articles shall mean cups, containers, lids, closures, plates, knives, forks,
spoons, stirrers, paddles, straws, napkins, wrapping materials, toothpicks and similar
articles intended for one-time, one-person use and then discarded.
Sticker shall mean a decal issued by the Planning and Zoning Division of the City's
Department of Development that is numbered and has the month and year of the
expiration date of the permit which shall be displayed on the mobile vending unit.
Utensil shall mean any implement used in the storage, preparation, transportation or
serving of food.
Vehicle shall mean every device in, upon, or by which any persons, food or other
commodity is or may be transported, pushed or drawn.
Wholesome shall mean in sound condition, clean, free from adulteration and otherwise
suitable for use as human food.
3
APPLICATION REQUIREMENTS
Applications for a permit shall be filed at the Office of the Planning and Zoning Division
of the City's Department of Development. Such application shall contain all the
information required below, along with the current non-refundable fee, to qualify for the
permit. A decision to issue a permit will be based, in part, on this information, other
applicable ordinances, and other requirements as may be set forth herein. The applicant
must satisfy the following requirements before a vending permit can be issued:
a) Submit the name and home and business address of the applicant, and the name and
address of the owner, if other than the applicant, of the vending or mobile vending
unit to be used in the operation of the vending business.
b) Submit written evidence of the approval for the vendinq site ::l copy of from the owner
and/or tenant of the abutting property owner's ::lnd.'or ten::lnt's written 3ppro'.'::l1 for the
vending site, if to be located on a public street or sidewalk. If the mobile vending site
is located on private property, the applicant shall submit a copy of the property
owner's and/or tenant's approval for said vending site.
c) Submit a scale drawing (plot plan) showing the area to be used, along with applicable
dimensions, plans and/or photographs detailing the design and size of the MVU to be
used including all appurtenances and signage to be displayed.
d) For vendors proposing to locate on property owned or controlled by the City of
Boynton Beach, the applicant shall maintain in force, a comprehensive general and
automobile liability insurance policy with a minimum coverage of $1,000,000 per
occurrence; $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence/aggregate for property damage. Said policies shall name the City of
Boynton Beach as an additional insured and shall include a provision prohibiting
cancellation of said policy except upon thirty (30) days prior written notice to the City.
e) Evidence of state or county permits or other required approvals.
f) For food vendors, the name and address of the commissary from which the vendor
operates.
Vendor shall secure and maintain in force workers' compensation insurance to
statutory limits or a workers' compensation waiver provided by the vendor's insurance
broker/agent. The vendor shall furnish the City's Risk Management Department with
a certificate of insurance prior to operating in the City. Said insurance companies
must be authorized to do business in the State of Florida, and the City will not accept
any company that has a rating less than B+ in accordance with A.M. Best's Key
Rating Guide, latest edition. The City reserves the right to require additional types of
insurance, or to raise or lower the stated limits, based upon identified risks.
FEES
Each application for a street vending permit shall be accompanied by a two hundred and
fifty dollar ($250.00) application fee. The application fee shall be non-refundable and in
addition to, and separate from, the permit fee of fifty dollars ($50.00) per MVU and the
business tax, all of which shall be collected prior to issuance of the permit.
4
PERMIT APPROVAL
The Board of the Community Redevelopment Agency (CRA) or the City's Planning and
Development Board (P&D) shall consider applications for a vendor's permit at regularly
scheduled meetings of the respective Board. The applicant shall be permitted to make a
brief presentation of his or her application and may be questioned by the Board.
In determining whether to issue a permit, the Board(s) shall consider the standards and
requirements set forth in this ordinance and input from City staff, the applicant, and the
general public. In addition, the Board(s) may impose such special conditions to the
permit as they may deem necessary to assure compliance with this ordinance. In the
event two or more applications are received for the same location, the earliest
application, if approved, shall be awarded the location. Upon approval of the application
by the respective Board, the permit shall become effective when the permit fee and
business tax is paid.
TERM OF PERMIT
All permits issued pursuant to this ordinance shall be effective as of the nearest first day
of the month, regardless of the actual date of issue, and shall expire one year from the
effective date thereof, unless sooner revoked in the manner provided in this ordinance.
PERMIT RENEWAL
All permits issued pursuant to this ordinance may be renewed, unless the permittee is
officially notified to the contrary by the City of Boynton Beach. A vendor applying for the
renewal of a permit for a business that remains unchanged since the last application or
renewal is required to pay the permit renewal fee only. Renewal must be requested 30
days prior to expiration.
DESIGN and LOCATION
Upon receipt of an application for a permit, the City and/or CRA staff shall review the
design of the vending unit and the proposed location to determine if it is suitable for
vending and provide a written report to the respective Board. In making its
determination, the staff shall consider the following criteria:
a) /lrMobile vending unit2 is are limited to one assigned location and a each unit in that
location must be compatible in materials and color with the surrounding urban
environment.
b) No permit shall be issued for a location within 100 feet of a location for which a street
vending permit has already been granted.
c) The operating area must be located entirely within a commercial or mixed-use zoning
district.
d) The use of the vending devices must be compatible with the public interest in the use
of the public ways and public rights-of-way. In making such a determination, the staff
shall consider the type and intensity of use, the width of the sidewalk, the proximity
and location of existing street furniture, including but not limited to traffic control
devices, signposts, lampposts, parking meters, benches, phone kiosks, mailboxes,
fire hydrants, landscaping, trees, buffer yards, public art and refuse containers, as
well as the presence of truck loading zones. The staff shall also consider established
and emerging pedestrian and vehicular traffic patterns, as well as other factors it
5
deems relevant in determining whether or not the proposed use would diminish
required parking or result in congestion of the public ways or the creation of a safety
hazard.
e) A minimum clear passage of a four-foot sidewalk width must be maintained for
pedestrian travel at all times.
f) A mobile vending unit shall not be placed within three hundred (300) feet of the
property line of any public or private day care, school, park, or playground, or a
single- family residential zoning district.
g) A mobile vending unit shall not be placed within three hundred (300) feet of the
property line of any established ongoing legally zoned business selling similar foods
or other merchandise.
h) A mobile vending unit shall not be placed within three hundred (300) feet of the
property line of any church, temple, mosque, synagogue or other place of worship.
GENERAL RESTRICTIONS and REGULATIONS
Any person with a valid permit issued pursuant to this ordinance shall be limited to the
sale of merchandise or food, or to the providing of personal services and vehicle
cleaning, as restricted herein and shall be subject to the following additional restrictions
and regulations:
a) All vendors must display, in a prominent and visible manner, the permit issued
by the City under the provisions of this ordinance. Mobile vendinu units
capable of operatinu on public riuhts-of-way shall also display a current
State of Florida license tau.
b) All MVUs used for the 531e5 of morch3ndise 3nd per5on31 services on public
property, shall not occupy an operating area of more than seventy-two square
feet of space, which shall include the mobile unitlli}, the ope rato rlli} , and a
trash receptacle. A sinqle entity may request approval for more than one MVU
within the 72-square-foot operatinq area. Mobile vendinq units providing
vehicle cleaninq services. as herein defined. on private properlY shall be
limited to the minimum size and area required to reasonably perform
said services.
c) The size of a MVU on public properly shall not exceed four feet (48 inches)
wide by eight feet (96 inches) long. It must have a minimum of two functional,
fully inflated wheels, and have positive wheel-locking devices. Mobile
vendina units providinq vehicle cleaninq services. as horein defined. on
private property shall be limited to the minimum size and area required
to reasonably perform said services.
d) The height of a MVU on public property, including canopies, umbrellas, or
transparent enclosures, shall not exceed seven feet (84 inches). . Mobile
vendinq units prO\<idinfl v.ehis/e cleaninQ sendce5. 35 herein defined. on
private property shall be limited to the minimum heiaht required to
reasonably perform said services.
6
e) The mobile vending unit, including any canopies, umbrellas, or transparent
enclosures, must be clean, and well maintained. The vending site itself must
also be clean and orderly at all times, and the vendor must provide a refuse
container for use by his patrons.
f) Soliciting or conducting business with persons in motor vehicles is prohibited.
g) All merchandise must be displayed on the vending unit. No merchandise shall
be displayed using street structures (planters, trees, trash containers,
signposts, etc.) or placed upon the sidewalk.
h) Vendors shall not hinder or impede the use of any phone kiosk, mailbox,
parking meter, fire alarm, fire hydrant, or traffic control device.
i) Vendors shall obey any lawful order from a police or fire department official
during an emergency or to avoid congestion or obstruction of the sidewalk.
j) No permittee shall make loud noises or use mechanical audio or noise-making
devices to advertise his or her product.
k) No permitted mobile vending unit shall be left unattended on 3ny proporty
ownod or controllod by tho City of Boynton B03ch.
I) Each MVU shall be removed daily. No permitted MVU shall remain on any
public or private property. or any riohts-of-way ownod or controllod by tho City
of Boynton B03Ch between the hours of midnight and 6:00 AM.
m) Vendors selling from a mobile vending unit on a sidewalk shall not:
(1) Vend at any location where the sidewalk is less than 10 feet wide.
(2) Vend within 20 feet of an entrance to any building, bus stop sign,
driveway, stop sign, or cross walk of any intersection.
(3) Obstruct the view of any directional sign, traffic control sign or
device.
n) All vending units must be self-contained. Utility service connections are not
permitted.
0) No freestanding signs, flags, banners, tents, tarpaulins or awnings shall be
allowed within the road rights-of-way. All signs, flags, banners, tents,
tarpaulins or awnings must be attached to, or resting against the vending
vehicle/equipment. No tables, chairs or umbrellas are to be set up for use by
customers. In addition, any permitted operation, pursuant to this article, shall
not display or otherwise erect freestanding signs, flags, banners or tents on
public or private property within five hundred (500) feet of the permitted
operation.
p) Vendors of food or beverages shall comply with all applicable State and local
health laws regulating the preparation, handling, and presentation of food.
Food and beverage vendors shall also comply with the following:
7
(1) Food handlers shall be certified by the Division of Hotels and
Restaurants of the Florida Department of Business and Professional
Regulation and shall conform to good hygienic practices.
(2) The outer clothing of all food handlers in a mobile food-vending unit
shall be clean, fully opaque and cover the entire torso from shoulders
to the knee.
(3) Food handlers shall use effective hair restraints to prevent the
contamination of food.
(4) Food handlers shall not use tobacco in any form while engaged in
the preparation and vending of food.
(5) Only single-service utensils shall be dispensed to the customer.
(6) All single-service items shall be stored in closed containers or
cartons, off the floor of the vehicle, except that approved dispensers
may be used for utensils and cups for immediate use in the vending
operation.
(7) All food vended shall be from an approved source.
(8) No food shall be vended which is adulterated, mislabeled, spoiled or
unclean.
(9) All perishable and potentially hazardous food shall be kept at safe
temperatures. Frozen food shall be kept in the safe temperature
frozen state until thawed for preparation or dispensed to the
customer.
(10) Food shall be stored in a manner as to prohibit cross-contamination.
(11) Mobile food vending units shall be operated from a commissary and
shall report at least daily to such location for all supplies and for all
cleaning and servicing operations provided mobile food vending
units dispensing fresh fish and shrimp, prepackaged novelty ice
cream, fruit and vegetables and individual portion size
nonperishable foods such as pickles, candy, peanuts and including
snow cones are exempt from this provision.
(12) No food whether packaged or otherwise shall be stored on the floor
of any vehicle used in the food vending operation.
(13) Effective measures intended to eliminate the presence of flies,
roaches, and other insects shall be utilized. All chemicals used for
this purpose shall meet EPA guidelines and shall be used in such a
manner as to prevent contamination of food or food contact
surfaces.
(14) A MVU used for food vending shall be constructed of corrosion-
resistant, durable materials.
(15) The floors and sides of any MVU used for food vending shall be
constructed of materials which are easily cleanable.
8
(16) Non-food-contact surfaces of equipment shall be cleaned as often
as is necessary to keep the equipment free of accumulations of
dust, dirt, food particles, splash, and other debris.
(17) Equipment used for food vending shall be installed and maintained
in such a manner that the equipment and the MVU used in the food
vending operation can be easily cleaned.
(18) A sink, lavatory, soap and paper towels on the vendor's vehicle shall
be required for dispensing shrimp, fish, shellfish and crustacea.
(19) Cleaning of all vehicles shall be accomplished in a seNicing area at
the commissary and the MVU shall be cleaned as often as
necessary but not less than once every twenty-four (24) hours,
provided that vendors of prepackaged novelty ice cream, fruit and
vegetables, snow cones and prepackaged nonperishable food shall
be exempt from this provision.
(20) No vendor wastes of any kind shall be deposited or permitted to be
deposited upon the ground, sidewalk, streets, city waste
receptacles or private dumpsters.
(21) Solid waste shall he stored in an easily cleanable, covered container
and disposed of during seNicing operations at the commissary.
(22) Liquid waste resulting from any mobile vending operation shall be
stored in permanently installed retention tanks of at least fifteen (15)
percent larger capacity than the water supply tank but of no less
than thirty-gallon capacity and shall be drained and thoroughly
flushed during seNicing operations. All liquid waste shall be
discharged to an approved sanitary sewage disposal system at the
commissary.
(23) Ice shall be from an approved source.
(24) Stored ice intended for human consumption shall not be used as a
medium for cooling stored food or food containers.
(25) No food products shall be submerged under water or a water and
ice mixture.
(26) All food that requires packaging or preparation by the vendor shall
be processed in the commissary that is required as a support facility
for a mobile food vending unit, provided that snow cones are
exempt from this requirement.
(27) Mobile vending units dispensing snow cones shall be designed so
as to enable the operator of the unit to protect the equipment,
syrup, ice and utensils used in the operation of the unit from dust,
insects and rodents while the unit is in transit or overnight storage.
(28) Snow cone vendors shall have hand-washing facilities, detergent,
water and paper towels in or upon the mobile vending unit.
(29) Mobile vending units shall provide waste containers for customers at
such times when the unit is parked.
9
(30) Deep fat, oil or grease cooking processes employing more than one
quart of heated liquid shall be protected by an automatic fire
extinguishing system.
(31) Cooking processes involving heated fat, oil, grease, or liquids other
than water shall be shielded from the public on three sides of the
mobile vending unit or cooking equipment to a height of 18 inches
above the cooking surface level and 4 feet above the level upon
which the cart assembly rests.
(32) Vessels containing heated liquids or oils shall be thermostatically
controlled so heat sources will automatically shut off when liquid
reaches a temperature of 475 degree F.
(33) Storage of extra fuel is prohibited in the vending area except as
permitted by the Fire Department.
(34) Processes requiring flammable gases, liquid, or solid fuels shall not
be permitted, unless approved by the Boynton Beach Fire
Department. LPG containers shall be limited to no more than 5
gallons capacity and no more than one such container per cart or
vending display.
(35) Vendors using open-flame cooking where steaks, ribs, hamburgers,
sausages, hot dogs, or other products containing fat or grease are
cooked, shall not be stationed beneath an awning or canopy of a
building.
PERMIT REVOCATION OR DENIAL
The Planning and Development Board and/or the Board of the Community
Redevelopment Agency, respectively shall have the power and authority to revoke or
deny either the issuance or renewal of any permit applied for or issued under the
provisions of this ordinance. In such cases the applicant or permittee shall be notified in
writing by certified mail of the denial of a permit application, or the suspension or
revocation of an existing permit and the grounds thereof. Any permit issued under this
ordinance may be suspended or revoked by City staff based on one or more of the
following grounds:
a) Cancellation of the vendor's permit issued by the Division of Hotels and
Restaurants of the Florida Department of Business and Professional
Regulation
b) Expiration, suspension, revocation or cancellation of any other occupational
license or permit required by the vendor.
c) The permit was procured by fraud or false representation of fact.
d) The abutting property owner or tenant withdraws consent, in writing, for the
mobile vending unit.
10
e) Violations of this or any other ordinance, the City's municipal code, or when
conditions exist that present a threat to the public health, safety, or welfare.
Applicants who have been denied a permit and vendors who have had their permit
revoked for any reason, may formally appeal, in writing, within ten (10) days of said
denial or revocation, to the City Clerk for a hearing before the City Commission.
Consideration of any appeal is at the discretion of the City Commission whose decision
is final.
Draft 5 - 7/02/07
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 07-005 Mobile Vendors\DRAFT ORD-3.doc
11
EXHIBIT B
Typical Examples of fv10bile Vending Carts
Size 84" x 40" x 40" high plus height of canopy or umbrella,
· 110 volt or 220 volt or dry ice versions
· Weight about 500 Ibs.
· Comes in any color.
Size overall' 84"
approximately 200 lbSX 28" x 36";
:,'
ji
': ~
T
.'1
18"
102"
, 1 Bn-J'
I
S (('0
l~
t
l
k~
Examples of 4' x 3' Model V43 Vending Carts
shown with optional features and equipment
'1111' i
; ! ," l-
X t ~.. f
, , ... i
/' - '"' -~. .' ..' "':: "',~
-::'"~:"~
.' . ",..
Examplesofi6'x 3'Model V63 V~nding Carts
shpwn with optional features and equipment
=15-~~
-.-
.>," I'.' : .'
EXamplesof8' x ]'Model V83 Vel1dingCarts
shown with optional features and equipment
"~~~~~~~~~
FR[E/'JPL~.,_
FI'.i-.:jj!
:., :m'~'i:::::"
1. _ ;'. ,jii ~,-l ~",
. . ,- -
ttlu',,;:'i-~,
Hot Dog Calis Factory Direct 800-915-4683 US Factory Hot Dog Carts
Page 2 of4
'\
~ Ji,/
~"C
..;:; c:
- tl:
~r
:::f.i
8::
c...
!
'" -.
_ r
~ ~
.D 0
,... ...
,..-
- ...,
::)...,
;'" 0
. l::
\0-
~
....
,.:.,;
o-e
~ .-=:
0::=
"-
'"
.
o
I'"f1
~rr,
Ice Cream Tow Top View
bttp://wvvw.uscarts.net!swf.html?cartid=57
-0
ClJ
~~
ex: v
>-- !!
<ll-
:: ~
.J:::.
Z
~~
au:;
t..!'1
, V1 '^
i 1.9 r-
o~
CiO
:::;g
.-;'-""
s:~
~
~
~
I-
a::
<C
U
$:
~
2
<:(
l.J..I
CC
U
w
U
5/24/2007
Hot Dog Carts Factory Direct 800-915-4683 US Factory Hot Dog Carts
Page 3 of 4
-!
,
~:
5 rr'j
-co
0;.0
''''; <r
~~
l5"'-
os:.;
QO
:;.-0
-'co
. ~
~ ,....
~
~
~
~
.
><::t
"1
Q.
~
.
o
<"",
I
!I-
16
l~
,0
!I-
l~
liS
ICC
!u
iUJ
IU
!-
I
!
t:
..c
E
-r
-L
~
.' ..... "'._, ..~ .~,. ,M_'" .~ ,.<, >.. '..,"." -,' ,.,' _.-' .,-,,'~, ..'< .....,.,... -........'''.:..,.,........... ",-..~ --,-,,' -'~.'-"'" ",
WILLY DOG LOCATIONS ARE CURRENTLY OPERATING IN THE U.S.A., CANADA, MEXICO, VEN
AUSTRALIA, AND MORE! WE RESERVE THE RIGHT TO IMPROVE SPECIFICATIONS AND MATEf
NOTICE,
@ 2006 WillyDogs.com
bttp:/ /www.uscarts.netlswf.html ?cartid=5 7
5/24/2007
1
2 ORDINANCE
3
4
5 ORDINANCE OF THE CITY COMMISSION OF THE
6 CITY OF BOYNTON BEACH, FLORIDA AMENDING
7 PART III, "LAND DEVELOPMENT REGULATIONS"
8 OF THE CITY'S CODE OF ORDINANCES, CHAPTER 2,
9 "ZONING" TO CREATE A NEW SECTION 19,
10 "MOBILE VENDORS" ESTABLISHING REGULATIONS
11 FOR MOBILE VENDORS OPERATING WITHIN THE
12 CITY, INCLUDING DEFINITIONS, LOCATION
13 RESTRICTIONS, PERMIT APPROVAL PROCESS, AND
14 OPERATIONAL REQUIREMENTS; PROVIDING FOR
15 CONFLICT, SEVERABILITY, INCLUSION; AND
16 EFFECTIVE DATE.
17
18 WHEREAS, the City Commission for the City of Boynton Beach ("City") has been
19 advised that there are currently mobile vendors selling prepared foods that are operating in the
20 City on streets, sidewalks, and at convenience stores, and other commercial locations in the
21 City; and
22 WHEREAS, currently there are no zoning regulations for such mobile vendors, and,
23 as a result, such types of uses are not permitted within the City; and
24 WHEREAS, in order to permit the mobile vendors to operate within the City, and to
25 insure the protection of the public's health, safety, and welfare, the City Commission finds
26 that it is in the best interest of the health, safety, and welfare of the citizens of Boynton Beach
27 to enact regulations related to the operation of mobile vendors in the City.
28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
29 THE CITY OF BOYNTON BEACH, FLORIDA:
30
Section 1.
That the foregoing "WHEREAS" clause is true and correct and hereby
31 ratified and confirmed by the City Commission.
S:\CA\Ordinances\Mobile Vendors 082207.doc
1
1
Section 2.
That Part III, "Land Development Regulations", Chapter 2, "Zoning", of
2
the Code of Ordinances of the City of Boynton Beach is hereby amended by enacting a new
3
Section 19 entitled, "Mobile Vendors" to read as follows:
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
A. PURPOSE
The purpose of this ordinance is to provide for the regulation of street and
sidewalk vending activities in certain commercial and mixed-use zoning
districts of the City, in order to more fully promote the public interest by
contributing to an active and attractive pedestrian environment. In recognition
thereof, reasonable regulation of street and sidewalk vending is necessary to
protect the public health. safety, and welfare and the interests of the City in the
primary use of public streets and sidewalks for use by vehicular and pedestrian
traffic.
It shall be unlawful for any person, firm, corporation, or association to engage
in or carryon the business of vending food, goods or services upon the public
ways of the City of Bovnton Beach without first having secured a permit or
permits as required by this ordinance.
19
20 ,.
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
B. DEFINITIONS
For the purpose of implementing and interpreting this ordinance, the followim!:
definitions shall apply:
Adulterated shall mean the condition of a food that bears or contains any
poisonous or deleterious substance or has been processed, prepared, packed or
held under unsanitary conditions, whereby it may have become contaminated
with filth, in a quantity which may render it iniurious to health.
Aowoved manner shall mean that method of dealing with waste, solid or
liquid, which comports with adequate sanitation methods as established bv the
Division of Hotels and Restaurants of the Florida Department of Business and
Professional Regulation.
Aooroved source shall mean a licensed food processing establishment
considered satisfactory by the health director and serving food products which
are clean, wholesome, free from adulteration or misbranding and safe for
human consumption.
Commercial or Mixed-Use Zone shall mean any property which is presently or
hereafter zoned C-2, C-3, C-4, CBD, PCD, SMU, MU-Ll, MU-L2, MU-L3
and MU-H or any commercial or mixed-use zoning districts subsequentlv
adopted by the City of Boynton Beach.
S:\CA\OrdinancesIMobile Vendors 082207.doc
2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Commissary shall mean a food processing establishment or food service
establishment approved by the Division of Hotels and Restaurants of the
Florida Department of Business and Professional Regulation in which food,
containers or supplies are kept, handled, prepared. packaged or stored for
transportation by mobile vendors.
Corrosion resistant material shall mean a material which maintains its original
surface characteristics under prolonged influence of food, cleaning
compounds, bactericidal solutions and other conditions-of-use environment.
Easilv cleanable shall mean that surfaces are readily accessible and made of
such material and finish and so fabricated that residue may be effectively
removed by normal cleaning methods.
Food shall mean any raw. cooked or processed edible substance, ice. beverage
or ingredient used or intended for use or for sale in whole or in part for human
consumption.
Food handler shall mean a person, certified by the Division of Hotels and
Restaurants of the Florida Department of Business and Professional
Regulation. engaged in the preparation. handling or vending of food.
Food vendor shall mean any person, grOUP of persons, firm or corporation who
individually or by or through an agent or employer, offers for sale. sells,
attempts to sell. exposes for sale or gives away any food intended for human
consumption from any vehicle or by a person afoot.
Label shall mean a display of any written, printed. or graphic matter upon the
immediate container. not including package liner. of any prepackaged article in
accordance with state law.
Liquid waste shall mean fluid, resulting from wastes produced from food
vending operations, composed of solids, whether dissolved or in suspension:
liquids, whether in solution. in emulsion or in separate phases: and gases. The
term shall also include melted ice.
Merchandise shall mean items of clothing, iewelry (including timepieces).
photos, artwork, housewares, flowers, plants, landscape materials. carpets,
phones and accessories, small appliances, medicines, personal care items,
books and/or magazines as well as audio or video recordings, tapes, discs or
other media.
Mislabeled and misbranded shall mean the presence of any written, printed or
graphic matter upon or accompanying any food or container of food which is
false or misleading and which is not presented in the English language as
S:\CA\Ordinances\Mobile Vendors 082207.doc
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
stipulated by the Food and Drug Act, Title 2 L Chapter 1-101.15 or which
violates any applicable federal, state or local labeling requirements.
Mobile vending unit (MVU) shall mean any movable cart, trailer. or other
vehicle that is operated from an established location, from which food, flowers,
and other merchandise and services, as well as non-alcoholic beverages are
provided to the public with or without charge; except, however, that the
provisions of this ordinance shall not apply to mobile caterers or service
providers, generally defined as a person engaged in the business of
transporting, in motor vehicles, food, beverages, or service equipment to
residential, business, and industrial establishments pursuant to prearranged
schedules, and dispensing from the vehicles the items or services at retaiL for
the convenience of the personnel of such establishments
Perishable food shall mean food, including shelled eggs, of a type or in such
condition that it will become, adulterated unless kept at a temperature which
will maintain product quality and wholesomeness.
Permit shall mean a license to operate a mobile vending unit which shall be
issued by the Planning and Zoning Division of the City's Department of
Development for a stated fee and shall be carried by a vendor or food handler
at all times while vending.
Potentiallv hazardous food shall mean any food that consists in whole or in
part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible
crustacea or other ingredients including synthetic ingredients, in a foml
capable of supporting rapid and progressive growth of infectious or toxigenic
microorganisms. The tenn does not include clean, whole, uncracked, odor-free
shell eggs or foods which have a pH level of 4.5 or below or a water activitv
(A W) value of 0.85 or less.
Public wavs shall mean and include all portions of public streets, alleys,
sidewalks, trails and parking lots of the City of Boynton Beach and, in
addition, shall include privately owned streets, roads, alleys, sidewalks, trails.
and parking lots that are provided for public use or access.
Safe temperatures, as applied to potentially hazardous food, shall mean
temperatures of forty-five (45) degrees Fahrenheit (seven (7) degrees Celsius)
or below, or one hundred forty (140) degrees Fahrenheit (sixtv (60) degrees
Celsius) or above and zero degrees Fahrenheit (minus seventeen (17) degrees
Celsius) or below for frozen food storage.
Sanitize shall mean effective bactericidal treatment of cleaned surfaces of
equipment and utensils by a process which has been approved by the Division
of Hotels and Restaurants of the Florida Department of Business and
S:ICAIOrdinanceslMobile Vendors 082207.doc
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Professional Regulation as being effective 111 destroying microorganisms
including pathogens.
Services shall mean personal services to include portraits, body art, and hair
braiding; the cleaning and detailing of vehicles including automobiles, trucks,
vans, and motorcycles; and repairing household goods, tools, and equipment.
Sinzle service articles shall mean cups, containers, lids, closures, plates,
knives, forks, spoons, stirrers, paddles, straws, napkins, wrapping materials,
toothpicks and similar articles intended for one-time, one-person use and then
discarded.
Sticker shall mean a decal issued by the Planning and Zoning Division of the
City's Department of Development that is numbered and has the month and
year of the expiration date of the permit which shall be displayed on the mobile
vending unit.
Utensil shall mean any implement used 111 the storage, preparation,
transportation or serving of food.
Vehicle shall mean every device in, upon, or by which any persons, food or
other commodity is or may be transported, pushed or drawn.
Wholesome shall mean in sound condition, clean, free from adulteration and
otherwise suitable for use as human food.
C. PERMITS REQUIRED FOR MOBILE VENDORS
It shall be unlawful for any person, firm, corporation, or association to engage
in or carryon the business of vending food, goods or services, upon private
property or the public ways of the City of Boynton Beach without first having
secured a permit or permits as required by this ordinance.
It is not the intent of these regulations to be applied to mobile vendors
temporally approved in coniunction with a special event.
D. APPLICATION REQUIREMENTS
Applications for a permit shall be filed at the Office of the Planning and
Zoning Division of the City's Department of Development. Such application
shall contain all the information required below, along with the current non-
refundable fee, to qualify for the permit. A decision to issue a permit will be
based on this information, other applicable ordinances, and other requirements
as may be set forth herein. The applicant must satisfy the following
requirements before a vending permit can be issued:
S:ICA 10rdinances\Mobile Vendors 082207.doc
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
a) Submit the name and home and business address of the applicant, and
the name and address of the owner, if other than the applicant, of the vending
or mobile vending unit to be used in the operation of the vending business.
b) Submit written evidence of the approval for the vending site from the
owner and/or tenant of the abutting property if the mobile vendor intends to be
located on a public street or sidewalk. If the mobile vending site is located on
private property, the applicant shall submit a COpy of the property owner's
and/or tenant's approval for said vending site.
c) Submit a scale drawing (plot plan) showing the area to be used, along
with applicable dimensions, plans and/or photographs detailing the design and
size of the MVU to be used including all appurtenances and signage to be
displayed.
d) For vendors proposing to locate on property owned or controlled bv the
City of Boynton Beach, the applicant shall maintain in force, a comprehensive
general and automobile liability insurance policy with a minimum coverage of
$ 1,000,000 per occurrence; $ 1,000,000 aggregate for personal iniury; and
S 1 ,000,000 per occurrence/aggregate for property damage. Said policies shall
name the City of Bovnton Beach as an additional insured and shall include a
provision prohibiting cancellation of said policy except upon thirty (30) davs
prior written notice to the City.
e) Evidence of state or county permits or other required approvals.
f) For food vendors, the name and address of the commissary from which
the vendor operates.
g) Each vendor shall secure and maintain in force workers' compensation
insurance to statutory limits or a workers' compensation waiver provided bv
the vendor's insurance broker/agent. The vendor shall furnish the City's Risk
Management Department with a certificate of insurance prior to operating in
the City. Said insurance companies must be authorized to do business in the
State of Florida, and the City will not accept any company that has a rating less
than B+ in accordance with A.M. Best's Key Rating Guide, latest edition. The
City reserves the right to require additional types of insurance, or to raise or
lower the stated limits, based upon identified risks.
E. FEES
Each application for a street vending permit shall be accompanied bv a two
hundred and fifty dollar ($250.00) application fee. The application fee shall be
non-refundable and in addition to, and separate from, the pern1it fee of fifty
S:ICA\OrdinancesIMobile Vendors 082207.doc
6
1
2
dollars ($50.00) per MVU and the fee for the business tax recept, all of which
shall be collected prior to issuance of the permit.
S:\CA\Ordinances\Mobile Vendors 082207.doc
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
F. PERMIT APPROVAL
The Board of the Community Redevelopment Agency (CRA) or the City's
Planning and Development Board (P&D) shall consider applications for a
vendor's permit at regularly scheduled meetings of the respective Board. The
applicant shall be permitted to make a brief presentation of his or her
application and may be questioned by the Board.
In detemlining whether to issue a pemlit, the Board( s) shall consider the
standards and requirements set forth in this ordinance and input from Citv
staff, the applicant, and the general public. In addition, the Board( s) may
impose such special conditions to the pennit as they may deem necessary to
assure compliance with this ordinance. In the event two or more applications
are received for the same location, the earliest application, if approved, shall be
awarded the location. Upon approval of the application by the respective
Board, the permit shall become effective when the permit fee and business tax
is paid.
G. TERM OF PERMIT
All permits issued pursuant to this ordinance shall be effective as of the nearest
first day of the month, regardless of the actual date of issue, and shall expire
one year from the effective date thereof, unless sooner revoked in the manner
provided in this ordinance.
H. PERMIT RENEWAL
All permits issued pursuant to this ordinance may be renewed, unless the
permittee is officially notified to the contrary by the City of Boynton Beach. A
vendor applying for the renewal of a permit for a business that remains
unchanged since the last application or renewal is required to pay the permit
renewal fee only. Renewal must be requested 30 days prior to expiration.
I. DESIGN and LOCATION
Upon receipt of an application for a permit, the City and/or CRA staff shall
review the design of the vending unit and the proposed location to determine if
it is suitable for vending and provide a written report to the respective Board.
In making its detennination, the staff shall consider the followin2: criteria:
a) Mobile vending units are limited to one assigned location and a each
unit in that location must be compatible in materials and color with the
surrounding urban enviromnent.
S:\CA\Ordinances\Mobile Vendors 082207.doc
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
b) No pennit shall be issued for a location within 100 feet of a location for
which a street vending permit has already been granted.
c) The operating area must be located entirely within a commercial or
mixed-use zoning district.
d) The use of the vending devices must be compatible with the public
interest in the use of the public ways and public rights-of-way. In making such
a determination, the staff shall consider the type and intensity of use, the width
of the sidewalk, the proximity and location of existing street furniture,
including but not limited to traffic control devices, signposts, lampposts,
parking meters, benches, phone kiosks, mailboxes, fire hydrants, landscaping,
trees, buffer yards, public art and refuse containers, as well as the presence of
truck loading zones. The staff shall also consider established and emerging
pedestrian and vehicular traffic patterns, as well as other factors it deems
relevant in detennining whether or not the proposed use would diminish
required parking or result in congestion of the public ways or the creation of a
safety hazard.
e) A minimum clear passage of a four-foot sidewalk width must be
maintained for pedestrian travel at all times.
f) A mobile vending unit shall not be placed within three hundred (300)
feet of the propertv line of any public or private day care, school, park, or
playground, or a single- family residential zoning district.
g) A mobile vending unit shall not be placed within three hundred (300)
feet of the property line of any established ongoing legally zoned business
selling similar foods or other merchandise.
h) A mobile vending unit shall not be placed within three hundred (300)
feet of the property line of any church, temple, mosque, synagogue or other
place of worship.
J. GENERAL RESTRICTIONS and REGULATIONS
Any person with a valid permit issued pursuant to this ordinance shall be
limited to the sale of merchandise or food, or to the providing of personal
services and vehicle cleaning, as restricted herein and shall be subiect to the
followin g additional restrictions and regulations:
a) All vendors must display, in a prominent and visible manner, the
permit issued bv the City under the provisions of this ordinance. Mobile
vending units capable of operating on public rights-of-way shall also display a
current State of Florida license tag.
S:\CA\Ordinances\Mobile Vendors 082207.doc
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
b) All MVU s on public property, shall not OCCUpy an operating area of
more than seventy-two square feet of space, which shall include the mobile
unit(s), the operator(s), and a trash receptacle. A single entity may request
approval for more than one MVU within the 72-square-foot operating area.
Mobile vending units on private property shall be limited to the minimum area
required to reasonably perform said services.
c) The total size of a MVU on public property shall not exceed four and
one half feet (54 inches) wide by eight feet (96 inches) long, including any
hitch or fixed trailer components. It must have a minimum of two functional,
fully inflated wheels, and have positive wheel-locking devices. Mobile vending
units on private property shall be limited to the minimum size required to
reasonably perform said services.
d) The total height of a MVU on public property, including canopies,
umbrellas, or transparent enclosures, shall not exceed seven feet (84 inches).
Mobile vending units on private property shall be limited to the minimum
height required to reasonably perfom1 said services.
e) The mobile vending unit, including any canopies, umbrellas, or
transparent enclosures, must be clean, and well maintained. The vending site
itself must also be clean and orderly at all times, and the vendor must provide a
refuse container for use by his patrons.
f) Soliciting or conducting business with persons 111 motor vehicles IS
prohibited.
g) All merchandise must be displayed on the vending unit. No
merchandise shall be displayed using street structures (planters. trees, trash
containers, signposts, etc.) or placed upon the sidewalk.
h) Vendors shall not hinder or impede the use of any phone kiosk.
mailbox, parking meter, fire alarm, fire hydrant, or traffic control device.
i) Vendors shall obey any lawful order from a police or fire department
official during an emergency or to avoid congestion or obstruction of the
sidewalk.
i) Vendors shall not make loud noises or use mechanical audio or noise-
making devices to advertise his or her product.
k) No permitted mobile vending unit shall be left unattended.
I) Each MVU shall be removed daily. An MVU shall not remain on anv
public or private property, or any rights-of-way between the hours of midnight
and 6:00 AM.
S:ICA 10rdinancesIMobile Vendors 082207.doc
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
m) Vendors selling from a mobile vending unit on a sidewalk shall not:
(1)
wide.
Vend at any location where the sidewalk is less than 10 feet
(2)
Vend within 20 feet of an entrance to any building, bus stop
sign, driveway, stop sign, or cross walk of any intersection.
(3)
Obstruct the view of any directional sign, traffic control sign or
device.
n) All vending units must be self-contained. Utility service connections
are not permitted.
0) Freestanding signs, flags, banners, tents, tarpaulins or awnings shall not
be allowed within the road rights-of-way. All signs, flags, banners, tents,
tarpaulins or awnings must be attached to, or resting against the vending
vehicle/equipment. No tables, chairs or umbrellas are to be set up for use by
customers. In addition, any permitted operation, pursuant to this article, shall
not display or otherwise erect freestanding signs, flags, banners or tents on
public or private property within five hundred (500) feet of the permitted
operation.
p) Vendors of food or beverages shall comply with all applicable State
and local health laws regulating the preparation, handling, and presentation of
food. Food and beverage vendors shall also comply with the following:
(1) Food handlers shall be certified by the Division of Hotels and
Restaurants of the Florida Department of Business and
Professional Regulation and shall conform to good hygienic
practices.
The outer clothing of all food handlers in a mobile food-
vending unit shall be clean, fully opaque and cover the entire
torso from shoulders to the knee.
(2)
(3)
(4)
(5)
(6)
Food handlers shall use effective hair restraints to prevent the
contamination of food.
Food handlers shall not use tobacco in any form while engaged
in the preparation and vending of food.
Only single-service utensils shall be dispensed to the customer.
All single-service items shall be stored in closed containers or
cartons, off the floor of the vehicle, except that approved
dispensers may be used for utensils and cups for immediate use
in the vending operation.
S:\CA \Ordinances\Mobile Vendors 082207.doc
11
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
(7) All food vended shall be from an approved source.
(8) Food that is adulterated, mislabeled, spoiled or unclean shall not
be used, sold, or provided.
(9) All perishable and potentially hazardous food shall be kept at
safe temperatures. Frozen food shall be kept in the safe
temperature frozen state until thawed for preparation or
dispensed to the customer.
(10) Food shall be stored in a maimer as to prohibit cross-
contamination.
(11) Mobile food vending units shall be operated from a commissary
and shall report at least daily to such location for all supplies
and for all cleaning and servicing operations; however, mobile
food vending units dispensing fresh fish and shrimp,
prepackaged novelty ice cream, fruit and vegetables and
individual portion size nonperishable foods such as pickles,
candy, peanuts and including snow cones are exempt from this
provIsIOn.
(12) Food, whether packaged or unpackaged, shall not be stored on
the floor of any vehicle used in the food vending operation.
(13) Effective measures intended to eliminate the presence of flies,
roaches, and other insects shall be utilized. All chemicals used
for this purpose shall meet EP A guidelines and shall be used in
such a maimer as to prevent contamination of food or food
contact surfaces.
(14) A MVU used for food vending shall be constructed of
corrosion-resistant, durable materials.
(15) The floors and sides of any MVU used for food vending shall
be constructed of materials which are easilv cleanable.
(16) Non-food-contact surfaces of equipment shall be cleaned as
often as is necessary to keep the equipment free of
accumulations of dust, dirt, food particles, splash, and other
debris.
(17) Equipment used for food vending shall be installed and
maintained in such a manner that the equipment and the MVU
used in the food vending operation can be easily cleaned.
(18) A sink, lavatorv, soap and paper towels on the vendor's vehicle
shall be required for dispensing shrimp, fish, shellfish, and other
crustacea.
(19) Cleaning of all vehicles shall be accomplished in a servicing
area at the commissary and the MVU shall be cleaned as often
S:\CA\Ordinances\Mobile Vendors 082207 doc
12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
(23)
(24)
(25)
(26)
(27)
(28)
(29)
(30)
(20)
as necessary but not less than once every twenty-four (24)
hours; however, vendors of prepackaged novelty ice cream,
fruit and vegetables, snow cones and prepackaged
nonperishable food shall be exempt from this provision.
Vendor wastes of any kind shall not be deposited or permitted
to be deposited upon the ground, sidewalk, streets, city waste
receptacles or private dumpsters.
Solid waste shall be stored in an easily cleanable, covered
container and disposed of during servicing operations at the
commIssary.
Liquid waste resulting from any mobile vending operation shall
be stored in permanently installed retention tanks of at least
fifteen (15) percent larger capacity than the water supply tank,
but of no less than thirty-gallon capacity, and shall be drained
and thoroughly flushed during servicing operations. All liquid
waste shall be discharged to an approved sanitary sewage
disposal system at the commissary.
Ice shall be from an approved source.
Stored ice intended for human consumption shall not be used as
a medium for cooling stored food or food containers.
Food products shall not be submerged under water, or in a water
and ice mixture.
(21)
(22)
All food that requires packaging or preparation by the vendor
shall be processed in the commissary that is required as a
support facility for a mobile food vending unit; however, snow
cones are exempt from this requirement.
Mobile vending units dispensing snow cones shall be designed
so as to enable the operator of the unit to protect the equipment,
syrup, ice and utensils used in the operation of the unit from
dust, insects and rodents while the unit is in transit or overnight
storage.
Snow cone vendors shall have hand-washing facilities,
detergent, water and paper towels in or upon the mobile vending
unit.
Mobile vending units shall provide waste containers for
customers at such times when the unit is parked.
Deep fat, oil or grease cooking processes employing more than
one quart of heated liquid shall be protected by an automatic
fire extinguishing system.
S:\CA\Ordinances\Mobile Vendors 082207.doc
13
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
(31) Cooking processes involving heated fat, oil, grease, or liquids
other than water shall be shielded from the public on three sides
of the mobile vending unit or cooking equipment to a height of
18 inches above the cooking surface level and 4 feet above the
level upon which the cart assembly rests.
(32) Vessels containing heated liquids or oils shall be
thermostatically controlled so heat sources will automaticallv
shut off when liquid reaches a temperature of 475 degrees
Fahrenheit.
(33) Storage of extra fuel is prohibited in the vending area except as
may permitted by the Fire Department.
(34) Processes requiring flammable gases, liquid, or solid fuels shall
not be permitted, unless approved by the Boynton Beach Fire
Department. LPG containers shall be limited to no more than a
5 gallon capacity and no more than one such container per Cali
or vending display.
(35) Vendors using open-flame cooking where steaks, ribs.
hamburgers, sausages, hot dogs, or other products containing fat
or grease are cooked, shall not be stationed beneath an awning
or canopy of a building.
K. PERMIT REVOCATION OR DENIAL
The Planning and Development Board and/or the Board of the Community
Redevelopment Agency, respectively shall have the power and authority to
revoke or deny either the issuance or renewal of any permit applied for or
issued under the provisions of this ordinance. In such cases the applicant or
pennittee shall be notified in writing by certified mail of the denial of a pennit
application, or the suspension or revocation of an existing permit and the
grounds thereof. Notwithstanding the foregoing, any permit issued under this
ordinance may be suspended or revoked by City staff based on one or more of
the following grounds:
a) Cancellation of the Vendor's pem1it issued bv the Division of
Hotels and Restaurants of the Florida Department of Business and
Professional Regulation
b) Expiration, suspension, revocation or cancellation of anv other
occupational license or permit required by the vendor.
S:\CA\Ordinances\Mobile Vendors 082207.doc
14
1 c) The permit was procured by fraud or false representation of fact.
2
3 d) The abutting property owner or tenant withdraws consent, 111
4 writing, for the mobile vending unit.
5
6 e) Violations of this or any other ordinance, the City's municipal code,
7 or when conditions exist that present a threat to the public health,
8 safety, or welfare.
9
10 Applicants who have been denied a permit and vendors who have had their
11 permit revoked for any reason, may formally appeal, in writing, within ten (10)
12 days of said denial or revocation, to the City Clerk for a hearing before the
13 City Commission. Consideration of any appeal is at the discretion of the City
14 Commission whose decision is final.
15
16 Section 3. Conflicting Ordinances.
17 All prior ordinances or resolutions or parts thereof in conflict herewith are hereby repealed to the
18 extent of such conflict.
19 Section 4. Severability.
20 If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or
21 unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
22 the validity of the remaining portions of this Ordinance.
23 Section 5. Inclusion in Code.
24 It is the intention of the City Commission of the CITY OF BOYNTON BEACH, Florida, that
25 the provisions of this Ordinance shall become and be made a part of the CITY OF
26 BOYNTON BEACH Code of Ordinances; and that the sections of this ordinance may be
27 renumbered or relettered and the word "ordinance" may be changed to "section," "article," or
28 such other appropriate word or phrase in order to accomplish such intentions.
29 Section 6. Effective Date.
30 This Ordinance shall be effective immediately after adoption by the City Commission.
31
PASSED FIRST READING this _ day of
,2007.
S:ICAIOrdinances\Mobile Vendors 082207.doc
15
SECOND AND FINAL READING ADOPTED this _ day of
.2007.
2
CITY OF BOYNTON BEACH, FLORIDA
3
4
5
6
7
8
9
10
11
12
13
14
15 ATTEST:
16
17
18 JanetM. Prainito, CMC
19 City Clerk
20 (Corporate Seal)
21
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
S:\CA \Ordinances\Mobile Vcndors OHn07.doc
16
,.,,,,,,,"',..;.j,,",,,.,,,,~i~'~,.<,,,,,O>..,",,,~.^.
r,"V 0"
(/.. . 0W'>'~',~.,. A
,
,
\
, /0
. .J-. >"~ _ "-, \~
'" " ,
i 0 k
XII. - LEGAL - 1st Reading
ITEM C.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Ci ty Clerk's Office
0 August 21, 2007 August 6, 2007 (Noon.) 0
r8J September 4, 2007 August 20,2007 (Noon) 0
0 September 18,2007 September 3, 2007 (Noon) 0
0 October 2, 2007 September 17,2007 (Noon) 0
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
October 16,2007 October 1,2007 (Noon
November 7,2007 October 15,2007 (Noon)
November 20, 2007
November 5, 2007 (Noon)
o
~
November 19, 2007 (NhtJ)
C
G')
~>
n~
=:j-<
-(0
(",-"
'-OJ
i'le
~2-<
_il~Z
December 4, 2007
NATURE OF
AGENDA ITEM
o
o
o
o
r8J
AnnouncementslPresentations 0
Administrative 0
Consent Agenda r8J
Code Compliance & Legal Settlements 0
Public Hearing 0
City Manager's Report
New Business
~
J:>
:z
U')-~
e
0...,..
'1-
....."CO
- f'T1
":>
rrlCJ
.....
Legal
Unfinished Business
w
;:-
RECOMMENDATION: Please place this request on the September 4,2007 City Commission Agenda under
Public Hearing and Legal, Ordinance - First Reading. The Planning and Development Board on July 24, 2007 recommended
that the subject item be tabled for further review including consideration offrre safety, and the Community Redevelopment
Agency Board on August 14,2007, recommended that the request be approved. For further details pertaining to this request,
see attached Department Memorandum No. 07-072.
EXPLANATION:
PROJECT:
AGENT:
DESCRIPTION:
Open-air Pavilions (CDRV 07-003)
City-initiated
Request to amend the Land Development Regulations Part III, Chapter 2. Zoning. Section
4.B by the addition of provisions and regulations for "Open-air pavilions" that will
include pavilions, gazebos, and tiki/chickee huts, and corresponding setbacks and size
criteria.
PROGRAM IMP ACT:
FISCAL IMP ACT:
AL TERNATIVES:
1//7 vSL.
~anager's Signature
Assistant to City Manager ~
Devel
L
Planning an City Attorney I Finance
S:\Planning\SHARED\WP\SPE PROJ\CODE REVIEw\CDRV 07-004 Open-air pavilions gazebos tiki-chickee huts\Agenda Item Request Open-air
structures CDRV 07-004 9-4-07.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING
Memorandum PZ 07-072 (Rev.)
FROM:
Chair and Members
Planning & Development Board
Community Redev~or~t Agency Board
Michael W. RumpffJ"~
Director of Planning and Zoning
TO:
DATE:
July 16, 2007
RE:
CODE REVIEW / CDRV 07-003
Accessory Buildings - Open-air pavilions (i.e. gazebos, tiki and chickee huts, etc.)
(Interim amendments to LDRs)
NATURE OF REQUEST
Staff is proposing amendments to the Land Development Regulations intended to add regulations
and provisions that address current deficiencies in Chapter 2, Zoning, Section 4.B. AccessOlY
Buildings. Currently, there are no specific regulations/provisions applicable to those accessory
structures that staff has labeled "open-air" structures pavilions, which include such
improvements as pavilions, gazebos and tiki or chickee huts. The proposed amendments would
include maximum area and height criteria, and special minimum setbacks.
BACKGROUND
The City's setback regulations are tailored to types of improvements, which are generally
categorized as "principal buildings", "accessory buildings", and "other structures". The category
"accessory buildings" is divided to distinguish between typical detached garages for residential
units, and small storage structures such as sheds. Lastly, "other structures" include subordinate
elements that may be attached to, or separate from the principal or accessory structure, and
include for example antennas, awnings, basketball equipment, fountains and trellises. Such
structures are significantly less in height and mass than a principal structure, therefore warranting
lesser setbacks than the minimum setbacks applicable to a principal structure. Recently, it has
been determined necessary to add provisions for a type of structure that has been excluded from
the categories described above, which has, in part, caused the lack of appropriate review and
processing of such improvements. Also contributing to the deficient or inconsistent handling of
these improvements is the exemption from local building permit requirements. Florida Statutes,
Chapter 553.73 exempts "chickee huts" from the requirements of the Florida Building Code.
Simply stated, Florida Law exempts these improvements from the Building Code and permitting
requirements if the following criteria are met:
1) The chickee huts are constructed by either the Miccosukee or Seminole Indian Tribes;
CDRV 07-004
8/3/2007
Page 2
2) The improvement is an open-sided wooden hut (i.e. detached from the principal or
accessory structure);
3) The hut includes a thatched roof of palm or palmetto or other traditional materials; and
4) The structure excludes any electrical, plumbing, or other non-wood features.
Despite the exemptions described above, state law does not exempt such improvements from
zoning regulations, and therefore, they are subject to local setback requirements. However, by
virtue of the permit exemption, the public may overlook, or be discouraged from identifying
other applicable city requirements.
Historically, such improvements may have been small in size, which allowed for the occasional
application of the provisions and setback restrictions applicable to storage sheds. In the absence
of specific regulations tailored for such structures, they may be mislabeled as an "accessory
building", allowing minimal separation from "principal buildings" and property lines.
PROPOSED AMENDMENTS
Existing regulations
As noted above, due to lack of the building permit requirement and specific zoning provisions,
regulation has been inconsistent to non-existent, typically relying upon the same setback
regulations designed for storage sheds.
Proposed regulations
The purpose of the code amendment would be to establish a definition for this group of
structures, add these structures under "Other Structures" within the City's Zoning Regulations,
provide for setback provisions, and lastly, establish a review procedure to ensure compliance
with both local and state law. As such, staff proposes the following regulations:
Definitions-
Oven-air vavilion (Gazebo, Tiki Hut. Chickee Hut, etcl - A detached ancillary structure, open
on all sides, with a vartial to full roof covering of some type, used for but not be limited to,
recreation, entertainment, or meditation purposes. Such structures shall include but not be
limited to gazebos; tiki, chickee or chiki huts; tea houses,' or other like vavilions.
Chickee or Chiki Hut (e. k. e. Tild Hut) - A type of "open-air structure vavilion" that is
specifically described as an open-sided wooden hut with a thatched roof of palm or palmetto or
other traditional materials, constructed by a member of the Miccosukee Tribe of Indians of
Florida or by the Seminole Tribe of Florida, and does not incorporate any electrical, plumbing,
or other non-wood features into its construction. This type of structure is specifically defined
pursuant to the review and approval consistent with Florida Law.
Permitting and regulations-
1. All proposed open-air pavilions including "chickeelchiki" huts to be constructed in the City
must be permitted.
2. The following documents must be submitted when applying for a permit for an "ehiekee"
oven-air vavilion hut:
CDRV 07-004
8/3/2007
Page 3
a) A completed permit application;
b) A site plan or survey that indicates the location of the proposed structure and the
distance from the rear and side property lines, and other structures on the same site; and
c) If applicable, proof that the person doing the construction is a member of the Miccosukee
or Seminole Tribe of Florida. This shall be a copy of the tribal members identification
card.
3. In single-family and single-family/two-family residential zoning districts, a!1 "chic/ccc/chiki"
ooen-air pavilion hut which does not exceed one-hundred and fifty (J 50) square feet in floor
area and twelve (J 2) feet in height, measured at the mean roof height for sloped roofs, shall be
located with the following minimum setbacks:
a) The side setback shall be allowed to follow the existing wall of the principal building
provided it does not further encroach into the setback or shall meet the minimum side
setback requirement, whichever is least restrictive; and
b) The rear setback shall be eight (8) feet, however in instances where the rear yard abuts a
body ofwater, golf course, park, interstate or railroad right-ofway,
commercial/industrial property, or the perimeter wall of a development abutting other
than residential property, the rear setback may be reduced to three (3) feet.
In addition, the proposed structure must be located a minimum of three (3) feet from any
principal, accessory or other buildings and structures on the property.
For all cases in which the total square footage of one or more tt open-air pavilions tffltgk
structure or combina.tion of such structures exceeds one-hundred and fifty (J 50) square feet of
floor area, or exceeds twelve (J 2) feet in mean roof height, the building setbacks of the zoning
district in which it is located shall apply.
In no instance shall the structure be located in front of the principal building, in a utility or
drainage easement, or in a required landscape buffer.
4. In Planned Developments, the regulation of these structures shall be in accordance with the
approved Master/Site Plan. If the Master/Site Plan is silent relative to these accessory
structures, their installation shall only be in conformance with the approved building setbacks
noted on the Master/Site Plan.
5. The installation of such structures in multi-family residential, mixed use, and
commercial/industrial zoning districts shall meet all building setback regulations for the zoning
district in which it is located. In addition, the proposed structure must be located a minimum of
twenty-five (25) feet from the principal building(s) on the property and from another such
structure. The City shall consider other distances calculated by a licensed Fire Protection
Engineer in accordance with NFP A 80A Protection of Buildings from Exterior Fire Exposures.
6. The squarefoot area shall be determinedfrom the dimensions taken from inside the support
posts, provided the roof overhang does not exceed three (3) feet. For those structures that are
supported by a single pole (i. e. umbrella shape), the area measurements shall be the taken from
the drip line of the roof structure.
CDRV 07-004
8/3/2007
Page 4
7. Upon completion of the work, the permit applicant shall schedule an inspection to verify the
location of the structure.
Existing improvements
As is always the case, the potential exists to create non-conforming situations anytime new or
more restrictive code amendments are enacted. As such, staff proposes the following regulations:
1. All "chickeelchiki huts" constructed prior to the adoption of these regulations, within single-
family and single-family/two-family residential zoning districts without the benefit of a permit
and not in compliance with the regulations noted herein, shall be considered non-conforming
structures as defined in the City of Boynton Beach Land Development Regulations and are
required to obtain a permit from the City to retain such non-conforming status;
2. Structures in all other zoning districts and/or structures that do not meet the definition of a
qualifying "chickeelchiki hut" shall be subject to the requirements of all applicable codes
including the Florida Building Code, City of Boynton Beach Land Development Regulations and
the Florida Fire Prevention Code;
3. Those existing structures which fail to meet the permitting requirements must be brought into
compliance or removed; and
4. Failure to obtain compliance with the codes will subject the owner of the property to Code
Enforcement action to obtain compliance.
RECOMMENDATION
Staff recommends that these proposed amendments to Land Development Regulations, Chapter
2. Zoning, Section 4.B. Accessory Buildings be approved, in order to provide staff and the
citizens with a clear set of definitions and regulations to accommodate open-air pavilions, and in
particular chickee/chiki huts.
MR/EB
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\07-004 Open-air pavilions, gazebos, tiki or chickee huts.doc
1 ORDINANCE
2
3 ORDINANCE OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA AMENDING
5 PART III, "LAND DEVELOPMENT REGULATIONS",
6 CHAPTER 1. "GENERAL PROVISIONS", AND
7 CHAPTER 2. "ZONING" OF THE CITY'S CODE OF
8 ORDINANCES TO PROVIDE FOR REGULATION OF
9 OPEN AIR PAVILIONS CONSTRUCTED WITHIN THE
10 CITY, INCLUDING DEFINITIONS, SETBACK
11 REQUIREMENTS, DESIGN, AND SIZE CRITERIA;
12 PROVIDING FOR CONFLICT, SEVERABILITY,
13 INCLUSION; AND EFFECTIVE DATE.
14
15 WHEREAS, the City Commission for the City of Boynton Beach ("City") has been
16 advised that there are currently no specific regulations/provisions applicable to those
17 accessory structures that staff has labeled "open-air" pavilions, which include such
18 improvements as pavilions, gazebos and tiki or chickee huts; and
19 WHEREAS, the City Commission finds that it is necessary and appropriate to
20 provide standards for the construction and placement of such "open-air" pavilions in order to
21 insure that proper setbacks are provided with respect to existing buildings, so as to insure
22 minimal interference with neighboring uses; and
23 WHEREAS, in order to permit the installation and construction of such "open-air"
24 pavilions, and to insure the protection of the public's health, safety, and welfare, the City
25 Commission finds that it is in the best interest of the health, safety, and wel fare of the citizens
26 of Boynton Beach to enact regulations related to the installation of "open-air" pavilions,
27 including, but not limited to gazebos, tiki huts, and chickee huts in the City.
28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
29 THE CITY OF BOYNTON BEACH, FLORIDA:
30
Section 1.
That the foregoing "WHEREAS" clause is true and correct and hereby
S:\CA \Ordinances\Open Air Pavilions (REV 1 ).doc
1 ratified and confirmed by the City Commission.
2
Section 2.
That Part III, "Land Development Regulations", Chapter 1, "General
3
Provisions", of the Code of Ordinances of the City of Boynton Beach is hereby amended by
4
amending Article II. "Definitions" to add the following two new terms and definitions:
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
Chickee or Chiki Hut (a.k.a.Tiki Hut) - A type of "open-air structure
pavilion" that is specifically described as an open-sided wooden hut with a
thatched roof of palm or palmetto or other traditional materials, constructed by
the Miccosukee Tribe of Indians of Florida or by the Seminole Tribe of
Florida, and does not incorporate any electrical. plumbing, or other non-wood
features into its construction. This tyPe of structure is specifically defined
pursuant to the review and approval consistent with Florida Law.
Open-air pavilion (Gazebo, Tiki Hut, Chickee Hut, etc.) - A detached
ancillary structure, open on all sides, with a partial to full roof covering of
some type, used for but not be limited to, recreation, entertainment, or
meditation purposes. Such structures shall include but not be limited to
gazebos; tiki, chickee or chiki huts; tea houses; or other like pavilions.
Section 3
That Part III, "Land Development Regulations", Chapter II,
20
"Zoning", of the Code of Ordinances of the City of Boynton Beach is hereby amended by
21
amending Section 4.B., "Accessory Buildings" with the addition of a new subsection "3"
22
that reads as follows:
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
3. Open-air pavilions as defined in Chapter 1, Article II. of the
Land Development Regulations, may be erected in accordance with the
following regulations and provisions:
a. All open-air pavilions excluding qualified chickee and
chiki huts, must be permitted in accordance with the City's Zoning
Regulations and the Florida Building Code.
b. Open air pavilions intended to qualify as a Chickee or
Chiki hut (see Chapter 1, Article II. Definitions), must be reviewed for
consistency with the regulations of this section and Florida Statutes.
The issuance of a zoning verification letter will represent a
determination of consistencv. The following information must be
submitted for approval:
S:\CA \Ordinances\Open Air Pavilions (REVl ).doc
2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
(1) A site plan or survey that includes
scaled dimensions of the proposed structure including setbacks;
(2) Proof that the builder is a member
of either the Miccosukee or Seminole Indian Tribes of FlOIida.
This shall be a coPY of the tribal members identification card.
(3) Drawings or images of the
proposed structure indicating the open design, roof materials,
and height.
c. In single-family and single-family/two-family
residential zoning districts, an "open-air" pavilion which does not
exceed one-hundred and fifty (150) square feet in floor area and twelve
(12) feet in height, measured at the mean roof height for sloped roofs,
shall be located according to the following standards:
( 1 ) The side setback shall be allowed
to follow the existing wall of the principal building provided it
does not further encroach into the setback or shall meet the
mInImUm side setback requirement, whichever is least
restrictive;
(2) The rear setback shall be ei ght (8)
feet; however, in instances where the rear yard abuts a body of
water, golf course, park, interstate or railroad right-of-way,
commerciallindustrial property, or the perimeter wall of a
development abutting other than residential propertv, the rear
setback may be reduced to three (3) feet.
(3) The proposed structure must be
located a mInImUm of three (3) feet from any principal,
accessory or other building and structure on the property.
( 4) F or all cases in which the total
square footage of one or more open-air pavilion or combination
of such structures exceeds one-hundred and fifty (150) square
feet of floor area, or exceeds twelve (12) feet in mean roof
height, the principal building setbacks of the zoning district in
which it is located shall apply.
(5) The open-air pavilion shall not be
placed in front of the principal building, in a utility or drainage
easement, or in a required landscape buffer.
d. In Planned Developments, the regulation of these
structures shall be in accordance with the approved Master/Site Plan. If
S:\CA \Ordinances\Open Air Pavilions (REV I ).doc
3
1
2 !
3
4
5
6
7 I
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
the Master/Site Plan is silent relative to these accessory structures, their
installation shall only be in conformance with the approved building
setbacks noted on the Master/Site Plan.
e. The installation of such structures in multi-family
residential. mixed use, commercial. and industrial zoning districts shall
meet all building setback regulations for the zoning district in which it is
located. In addition, the proposed structure must be located a minimum
of twenty-five (25) feet from the principal building(s) on the property
and from another such structure. The City shall consider other distances
calculated by a licensed Fire Protection Engineer in accordance with
NFPA 80A Protection of Buildings from Exterior Fire Exposures.
f. The square foot area of the open-air pavilion shall be
determined from the dimensions taken from inside the support posts,
provided the roof overhang does not exceed three (3) feet. For those
structures that are supported by a single pole (i.e. umbrella shape), the
area measurements shall be taken from the drip line of the roof
materials.
g. All chickee/chiki huts constructed prior to the adoption
of these regulations, within single-family and single-family/two-family
residential zoning districts, without the benefit of a permit and not in
compliance with the zoning regulations noted herein, shall be reviewed
for compliance with the qualification requirements for a chikee hut as
established by State Law. If determined consistent with State Law, such
structures shall be considered non-conforming structures as defined in
the City of Bovnton Beach Land Development Regulations. Those
improvements determined inconsistent with State Law shall be
processed in accordance with the following subsection.
h. Except for chickee/chiki huts, all other open-air
pavilions constructed prior to these regulations without the benefit of a
pennit and that do not comply with Zoning Regulations, due to
application of permitting requirements, must be removed or brought
into compliance with all applicable regulations of the City.
i. Failure to comply with the provisions of this section
shall be considered a violation of the City's code of ordinances, and
subiect the property owner to being cited by the City for failure to
comply with these code provisions pursuant to the City's Code
Compliance provisions, or any other legal process authorized by law.
S:\CA \Ordinances\Open Air Pavilions (REV I ).doc
4
1 Section 3. Conflicting Ordinances.
2 All prior ordinances or resolutions or parts thereof in conflict herewith are hereby repealed to the
3 extent of such conflict.
4 Section 4. Severability.
5 If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or
6 unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
7 the validity of the remaining portions of this Ordinance.
8 Section 5. Inclusion in Code.
9 It is the intention of the City Commission of the City of Boynton Beach, Florida, that the
10 provisions of this Ordinance shall become and be made a part of the City of Boynton Beach
11 Code of Ordinances; and that the sections of this ordinance may be renumbered or relettered
12 ,I and the word "ordinance" may be changed to "section," "article," or such other appropriate
I
13 word or phrase in order to accomplish such intentions.
14 Section 6. Effective Date.
15 This Ordinance shall be effective immediately after adoption by the City Commission.
16 [REMAINDER OF P AGE INTENTIONALLY LEFT BLANK]
S:\CA\Ordinances\Open Air Pavilions (REVl ).doc
5
1
PASSED FIRST READING this _ day of
,2007.
2
SECOND AND FINAL READING ADOPTED this _ day of
,2007.
3
CITY OF BOYNTON BEACH, FLORIDA
4
5
6
7
8
9
10
11
12
13
14
15
16 ATTEST:
17
18
19
20 I
21 'i Janet M. Prainito, CMC
22 I' City Clerk
23
24 II
25
26 (Corporate Seal)
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
S:\CA \OrdinanceslOpen Air Pavilions (REVl ).doc
6
XII. - LEGAL - 1st Reading
ITEM C.3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOR1vl
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 August 21, 2007 August 6, 2007 (Noon.) 0 October 16, 2007 October 1,2007 (Noon
r8J September 4, 2007 August 20,2007 (Noon) 0 November 7, 2007 October ]5,2007 (Noon)
0 September 18,2007 September 3,2007 (Noon) 0 November 20,2007 November 5,2007 (Noon)
0 October 2, 2007 September 17, 2007 (Noon) 0 December 4, 2007 November 19,2007 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda r8J Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Approve the attached Ordinance on first reading to amend Chapter 2, Section 2-13.2 of
the City of Boynton Beach Code of Ordinances, relating to the Community Redevelopment Agency (CRA).
EXPLANATION: When the City Commission recently declared itself to be the CRA Board pursuant to the authority
set forth in Florida Statute 163.357, it rendered obsolete the provisions of the City Code being amended by this Ordinance.
PROGRAM IMPACT: None.
FISCAL IMPACT: None
ALTERNATIVES: None.
~wz~
City Manager's Signature
Assistant to City Manager ~
~7Jl'S
Department Head's Signature
.~~
City Attorney
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19 II
I
20 I
21
22
23
24
25
26
27
28
29
30
ORDINANCE
ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA AMENDING ARTICLE I OF
CHAPTER 2 SECTION 2-13.2 RELATING TO THE COMMUNITY
REDEVELOPMENT AGENCY (CRA) TO PROVIDE THAT THE CITY
COMMISSION SHALL BE THE GOVERNING BODY OF THE CRl\.
AND THE MAYOR AND VICE MAYOR THE CRA CHAIRPERSON
AND VICE-CHAIRPERSON; PROVIDING FOR CONFLICT,
SEVERABILITY, INCLUSION; AND EFFECTIVE DATE.
WHEREAS, On June 16, 2007 the City Commission of the City of Boynton
Beach, Florida, pursuant to the authority vested in the Commission as set forth in Section
163.357, Florida Statutes, designated itself to be the community redevelopment agency of
the City of Boynton Beach and vested itself with all rights, powers, duties privileges, and
immunities vested by law in the community redevelopment agency, subject to all
responsibilities and liabilities imposed or current; and
WHEREAS, the City Commission desires to conform the City's Code of
Ordinances to properly reflect that the City Commission constitutes the community
redevelopment agency.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1.
That the foregoing "WHEREAS" clause is true and correct and hereby
ratified and confirmed by the City Commission.
Section 2. That Article 1, "Administration" of Chapter 2, Sec. 2-13.2. is hereby
amended to read as follows:
Sec. 2-13.2. Governing body of community redevelopment agency.
(a) The members of the City Commission shall appoint in accordance v,'ith the provisions
of Chapter 163.357(1 )(gc), Florida Statutes, constitute the governing bodv (Board) of the
Page 1
I Community Redevelopment Agency. the board of commissioners .ill1.Qas the governing body of
2 the community redevelopment area. The board viill bo composed of~seven (7~) members.
3 (c) Chair and Vice-Chair. The Mayor shall be the Chairperson and the Vice-Mayor
4 the Vice Chairperson of the Board of the Community Redevelopment AgencyThe City
5 Commission, at the last meeting in March of each year, commencing March 2001, shall
6 appoint the Chair and Vice Chair of the Community Redevelopment Agency. The term
7 of appointment to the position of Chair or Vice Chair of the Board is one (1) year
8 commencing the first Tuesday in "^~pril follo\ving appointment. Board members may be
9 appointed to consecutive terms as Chair or Vice Chair, not to exceed three (3)
10 consecutive terms
11 Section 3. Conflicting Ordinances.
12 All prior ordinances or resolutions or parts thereof in conflict herewith are hereby repealed to
13 the extent of such conflict.
14 Section 4. Severability.
15 If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or
16 unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
17 the validity of the remaining portions of this Ordinance.
18 Section 5. Inclusion in Code.
19 It is the intention of the City Commission of the CITY OF BOYNTON BEACH, Florida, that
20 the provisions of this Ordinance shall become and be made a part of the CITY OF BOYNTON
21 BEACH Code of Ordinances; and that the sections of this ordinance may be renumbered or
22 relettered and the word "ordinance" may be changed to "section," "article," or such other
23 appropriate word or phrase in order to accomplish such intentions.
Page 2
1
2
3
4
5
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Section 6. Effective Date.
This Ordinance shall be effective immediately after adoption by the City Commission.
PASSED FIRST READING this _ day of
,2007.
SECOND AND FINAL READING ADOPTED this _ day of
.2007.
CITY OF BOYNTON BEACH. FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
ATTEST:
Commissioner - Carl McKoy
Janet M. Pr~inito, CMC
City Clerk
(Corporate Seal)
Page 3
CITY OF BOYNTON BEACJ
AGENDA ITEM REQUEST FO~
XIII-UNFINISHED BUSINESS
ITEM A.
Requested Cllv Commission Date Fmal Form Must be Turned Requested CIty Commission Date Fmal Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to Citv Clerk's Office
r8J August 21,2007 August 6, 2007 (Noon) 0 October 16, 2007 October 1,2007 (Noon
0 September 4, 2007 August 20, 2007 (Noon) 0 November 7, 2007 October 15, 2007 (Noon)
0 September 18, 2007 September 3, 2007 (Noon) 0 November 20, 2007 November 5, 2007 (Noon)
0 October 2, 2007 September 17,2007 (Noon) 0 December 4,2007 November 19,2007 (Noon)
0 Anno uncem ents/Presentati ons 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM r8J Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: To receive a report from staff regarding revisions to the Recreation & Parks Department
Revenue Policy Manual that will be effective beginning October 1, 2007. The City Commission has authorized
the City Manager, upon recommendation by the Recreation & Parks Director, to amend and update this
document. However, with the anticipated high interest in using the City's new recreational facilities, staff
wanted to share information regarding usage fees with the Commission.
EXPLANATION: The Recreation & Parks Department's Revenue Policy Manual contains the department's
philosophy, guidelines, and policies and procedures regarding fees and charges and accounting for all revenue.
In addition, the Fee Schedule sets fees and/or fee ranges for all fees charged by the Department, including those
for facility usage and recreation programs. Three new facilities (Intracoastal Park Clubhouse, Sims Center and
Wilson Pool) will be opening over the next year, and fees must be established for their use. In addition, all
facility rental fees were reviewed. Fee ranges for recreation programs were increased to allow for growth over
the next several years.
PROGRAM IMPACT: The revised Revenue Policy Manual will allow the City to increase program fees and
charges in line with the increased costs of providing the programs and services. Additionally, revenue from
facility rentals will be increased.
FISCAL IMP ACT: N/ A
ALTERNA~IVES: Do n~
/"
~~.__.,.~. w.,.,....~,,,..,,
Department Head's Signature nature
Assistant to City Manager C/h1../
Recreation & Parks
Department Name
City Attorney I Finance
SIBULLETIN\FORMS\AGENDA rTEM REQUEST FORM. DOC
City of BOYl1ton Beacll
Recreation aIle} Parl<s DelJartl11ent
Boyntoll Beach~ Florida
i We Make
<.:;~,'" ", ~;' ,'. < l,- .re fun"
.... . ',' T I . .
'Ii; _ i. . -...,;#
BO':,mton Beach
Recreation ond Pod:); rtrnent
CONTENTS
I. Statement of Philosophy...................................................................... 1
II. Statement of Need ...............................................................................1
III. Authority and Responsibility ................................................................ 1
IV. Fees and Charges, Goals and Guidelines........................................... 2
V. Financial Assistance' Guidelines ........................................................10
VI. Contractual Receipts Guidelines .......................................................12
VII. Compulsory Resource: Dedication Ordinance .................................. 14
VIII. Accounting for All Revenues.............................................................. 14
IX. Annual Review......... ...... ........ ...... ....... ............................... .......... ...... 16
X. Fee Schedule ..................................................................................... 17
Adopted: 9/21/93
Revised: 12/5/00,10/21/03,4/20/04,8/21/07
Recreation & Parks Department
Revenue Policy Manual
CITY OF BOYNTON BEACH
RECREATION & PARKS DEPARTMENT
REVENUE POLICY MANUAL
I. STATEMENT OF PHILOSOPHY
The basic philosophy of the Boynton Beach Recreation and Parks Department is to offer year-
round diversified recreation services, ensuring that all citizens have equal opportunity for
participation. However, since the demand upon the Department is greater than the public's
ability to appropriate public funds to support that demand, it becomes necessary to charge
fees and pursue other supplementary revenues and resources. Fees and charges for parks
and recreation services will provide only one source of finance for the Department. They will be
thoroughly evaluated prior to their adoption into the fiscal matrix supporting public parks and
recreation services, a matrix which includes general fund appropriations, contractual receipts,
land dedication, bond issues, grants-in-aid, and special gifts and donations. Fees and charges
will supplement these other resources, not replace them nor be used to diminish government's
responsibility to provide open space and leisure opportunities. Rather, fees and charges will
be viewed as a method to expand and to continue to provide basic services on an equitablE.
basis. The general benefit of services made possible through fees and charges must exceed
any detriment imposed by the fees, and collections must be practical and economical.
II. STATEMENT OF NEED
It is the responsibility of the Boynton Beach Recreation and Parks Department to offer a
comprehensive recreation program and to provide public park land. Because of heavy
demands for new and expanded services and because of the increase in operating expenses,
it has become necessary to adopt a sound and consistent policy that will guide the search and
generation of supplementary revenues to tax dollars.
III. AUTHORITY AND RESPONSIBILITY
The revenue policy was formally adopted on September 21, 1993 by the Boynton Beach City
Commission. The City Commission and City Manager have authorized and charged the
Recreation & Parks Director with providing oversight in the implementation of the policy, anc'
establishing appropriate procedures to administer the policy's goals and guidelines. The City
Recreation & Parks Department
Revenue Policy Manual
Commission authorizes the City Manager, upon recommendation by the Recreation & Parks
Director, to amend and update this document as may be necessary. Changes proposed by
staff and approved by the City Manager will be placed in public file for 14 days and circulated
to the City Commission for review by exception.
IV. FEES AND CHARGES, GOALS AND GUIDELINES
A. BASIC SERVICES
1. The City of Boynton Beach will continue to provide basic park and recreation
services at no charge in order to protect and conserve natural and historical
properties and to promote the physical and mental well-being of its citizens.
Examples of basic services include staff supervised therapeutic recreation,
recreation center level games and programs, and various youth, adult and senior
citizen active and passive recreation activities, both indoors and outdoors.
2. Public funds will be used to acquire, improve and manage all park land whenever
possible, charging no fees to Boynton Beach residents for entrance into
neighborhood parks, comfort stations, greenway and trails, playgrounds,
recreation and community centers. However, the Recreation & Parks Director
may recommend nominal fees as necessary for control of these areas.
B. GENERAL GUIDELINES
1. Charging fees is an equitable method of recovering a portion or all costs of
specialized or personal recreational services.
2. Resident and Non-Resident Fees
3. Fees for non-residents will be a minimum of 25% above the fee for residents,
with a minimum charge to non-residents of $3.00 above the resident fee for
programs and services priced under $12.00.
2
Recreation & Parks Department
Revenue Policy Manual
4. To ensure equitable services and reasonable fees to the public, staff will submit
proposed program fee increases in writing for approval by the Recreation 6-
Parks Director. All fees will remain within the approved fee schedule.
C. FEE CLASSIFICATION
Fees charged for programs, facilities and services provided shall be classified as:
1 . rental fees
2. special service fees
3. permit fees
4. admission, parking and entrance fees
5. user fees
6. sales
1. RENTAL FEES will be charged for the privilege of exclusively using tangible
public property or building structures without consuming or injuring them in any
way. Examples include facility room rentals, ~ shelters pavilions and othe
park facilities.
2. SPECIAL SERVICE FEES will be charged for supplying extraordinary articles,
commodities, activities, materials, or services as an accommodation to the public
which are not provided as part of the Department's basic, free public services.
Examples include keys, field preparation, lights, staff, custodial and processing
fees.
3. PERMIT FEES will be charged for permission or written authorization for a
specified lawful action or use of a facility. Examples include sports leagues.
tournaments, special event permit fees in accordance with Article I, Section 13-
20 of the Code of Ordinances as detailed in the Special Event Handbook. and
vending and exhibitor fees for various events.
4. ADMISSION, PARKING, AND ENTRANCE FEES may be charged to enter c
building or structure. These facilities usually offer an exhibit, show, performance.
3
Recreation & Parks Department
Revenue Policy Manual
concert, ceremony or demonstration. Examples include special performances or
events which require high cost talent, specialists, technicians, equipment, extra
supervisory and maintenance personnel, or where the net revenue generated is
used to offset the program or facility costs. Parking fees may be charged at
designated parks to control overcrowding and subsequent damage to greenways
and roadways, to minimize vandalism, provide additional patron safety, or to
offset a portion of park operational costs.
5. USER FEES may be charged for participation in an activity. The patron usually
enjoys the privilege of use with others. Examples include instructional classes,
trips, tours, camps, sports clinics, workshops, etc.
6. SALES include merchandise transferred (sold) from the department which
become the property of the user. Examples include promotional items, arts and
crafts supplies, merchandise related to programs and services offered, and
departmental tabloid, bulletin, newsletter or program advertising space.
D. DIFFERENTIAL FEES
In addition to fees differentiated according to residency, fees for programs, services and
facilities may be differentiated according to the financial objectives of the following
organizations:
Commercial/Profit
~
Non-profit
Private/Family
Sffieffis
~BlIS
~-E.xempt
Examples include facility rentals for private/commercial gain, non-profit group meetings
and family celebrations. The Recreation & Parks Director shall establish the fee for the
above organizations based upon the fee schedule.
4
Recreation & Parks Department
Revenue Policy Manual
E. RECOVERING PARTIAL COSTS
1. The public will be charged user fees, special service fees, sales fees, or rental
fees for special services and special facilities based on the exact costs
associated with the "extra" service, or based upon a specified percentage of all
direct costs when the exact costs cannot be figured.
2. Fees will recover the exact costs or a percentage of direct costs for special
services and facilities when:
a) The cost per user hour of the service is high;
b) The activity uses consumable material;
c) The service requires a facility with high capital, operating or maintenance
costs;
d) The activity requires special preparation or clean-up;
e) The activity requires special instruction at extra cost;
f) The service is extended beyond the normal operation.
3. Special services include, but are not limited to, organized adult athletics,
instructional youth and adult programs, tournaments and youth and adult out-of-
town trips and tours.
4. Special facilities include, but are not limited to, one time room rentals, lighted ball
fields and tennis courts, pools and pavilions pfBfHG--sfl.eltef5. Exact rates will be
set each year and published in the Fee Schedule.
F. RECOVERING DIRECT COSTS
1. Direct operational costs will include all transportation, lodging, and personnel
necessary to conduct the program, rental of facilities, purchase of equipment and
supplies, and utility costs directly related to the program.
5
Recreation & Parks Department
Revenue Policy Manual
2. Programs that will recover direct costs may include, but are not limited to, special
recreational programs, instructional classes, out-of-town trips and tours and
organized sports.
3. The established fee for co-sponsored fund-raising programs with other public
agencies or volunteer organizations shall cover the Department's contribution to
the direct costs of offering the activity and facility.
4. When not in use for Department-sponsored and co-sponsored activities,
designated areas, facilities, and equipment may be rented by organizations and
the general public. Rentals will be computed to recover all direct costs.
5. Equipment rental rates will be based on original cost and depreciable life.
G. RECOVERING ALL COSTS PLUS SURPLUS
Upon approval by the Recreation & Parks Director, public property may be used by
closed membership groups and proprietary or commercial groups who want to use
public property for financial gain or profit. The fee charged for use of the public park
land and facilities will be comparable to the prevailing commercial rates, or must recover
all costs to the Department, whichever is greater. An additional fee for the privilege of
conducting business on public property will be charged.
1. Commercial or promotional activities on park land will be permitted only when
they are clearly not in conflict with ongoing Department-sponsored programs, or
if the program can be conducted without any restriction of public use for a
reasonable period of time.
2. Commercial or promotional activities in parks and facilities will be authorized only
if they provide a public service and meet a legitimate public need.
6
Recreation & Parks Department
Revenue Policy Manual
3. Commercial or promotional use of public facilities including use of public names
of structures will not be authorized if such use constitutes an expressed 01
implied City endorsement of commercial products, services or activities
4. Sponsors of profit-making, commercial activities conducted on park property are
required to show evidence of comprehensive general liability insurance sufficient
to protect themselves from any potential incidents, an amount of coverage which
meets City requirements as approved by the Risk Manager.
5. The sponsors of profit-making, commercial activities conducted on City
recreation and park property must pay the City a minimum of twenty-five percent
(25%) of the gross receipts in addition to the prevailing rental rate.
a) Within thirty (30) days after a commercial or promotional activity, an
itemized list of all income associated with such an event must be
transmitted to the Recreation & Parks Director or his designee, together
with twenty-five percent (25%) of the gross income.
b) A deposit may be required by the Director in advance of the event.
6. Charitable, non-profit, community-serving organizations that conduct an event on
City recreation and park property for the purpose of raising funds, not sponsored
by the Department, may pay a facility rental fee, maintenance fee, or a
percentage of their gross receipts, as determined by the Recreation & Parks
Director.
7. Charitable sponsors of profit-making activities conducted on City recreation and
park property are required to show evidence of comprehensive general liability
insurance sufficient to protect themselves from any potential incident, an amount
which meets City requirements as approved by the Risk Manager.
7
Recreation & Parks Department
Revenue Policy Manual
H. REVENUE PRODUCING FACILITIES
Revenue producing facilities may be developed in parks to supplement General Fund
revenues and to provide Boynton Beach residents additional recreational opportunities.
The number and type of these kinds of facilities will be determined based on need. The
service itself must be the FIRST priority. Thus, revenue producing facilities will be
considered a basic resource of the recreation and park system, and will be constructed
with public funds. Depending on the nature of the service they provide, they may be
operated and maintained from user fee revenues. Where user fee revenues do not
have the potential to maintain the facility to a high standard of service, General Fund
monies will be used to assure continuation of the service to the public.
1. General Fund appropriations will be requested to support the operation of all park
& recreation facilities. While these facilities may be capable of generating
sufficient revenues to offset their operational costs, the General Fund
appropriations will provide an adequate cash flow during fluctuations of revenue
due to weather, seasonal changes and varied participation by the public.
2. Fees collected from revenue producing programs or facilities may be deposited
in a Trust Fund or Special Revenue ERte$4&e Fund to improve or expand the
recreational services of these facilities for the users. Thus, those who use the
program or facility pay directly for the operation. The guidelines governing the
Special Revenue Enterprise Fund are stated in this policy under Section VIII,
Accounting for all Revenues.
3. When public funds are not available for construction of special facilities due to
other priorities of the department and the City, funding for development may be
sought and provided through public/private contractual agreements.
4. In situations where the financial constraints of government cannot ensure the
maintenance of the high standard of service desired by the public, the services
may be operated through contractual agreements with the private sector.
8
Recreation & Parks Department
Revenue Policy Manual
I. DIFFERENTIAL FEES: SPECIAL SITUATIONS AND GROUPS
1. It shall be general policy to develop reciprocal use agreements with the Palm
Beach County School District allowing joint use of facilities at no charge to either
party unless uses require special needs which require high costs to the school or
City.
2. Special interest groups shall be granted no special consideration in the form of
reduced rates or free services, with the exception of those groups affiliated with
the Department. Special interest groups may include, but are not limited to.
religious and political organizations, commercial businesses or clubs and
organizations.
3. Many out-of-town residents use Boynton Beach recreation services but make no
direct tax contributions to help support these services. It is not equitable for
these citizens to enjoy the facility or service while this jurisdiction's residents are
taxed for its maintenance and operation. Therefore, it is reasonable to
incorporate into the fee and charge policy different Non-resident and Resident
fees. Thus, visitors and residents together will help maintain the facility and
provide funds for continued expansion and proper staffing.
J . WAIVERS
Official City-sponsored or affiliated programs and events shall be fee exempt. The
Recreation & Parks Director or his designee shall make such determination. On some
occasions, fees and charges may be reduced when such action is determined by the
Recreation & Parks Director or his designee to be in the best interest of the City of
Boynton Beach or the specific program. A written request for waiver of fees must be
submitted to the Recreation & Parks Director.
9
Recreation & Parks Department
Revenue Policy Manual
K. REFUNDS
1. Policies and procedures for refunding fees will be determined based upon the
participant's prorated share of costs already invested and committed into the
program, including administrative services, in adherence with the Recreation and
Parks Department's Customer Satisfaction Pledge and Refund Policy.
2. All requests for refunds must be made in writing to the Recreation & Parks
Director or his designee, and any special circumstances will be determined by
the Director or his designee. Full refunds for instructional classes will be granted
when the class is canceled due to insufficient class registration.
3. In lieu of a refund, the Department will offer the participant a program credit. The
credit may be applied toward the cost of any future recreation program
registration or activity. No administrative service charges will be deducted when
a credit is accepted by the participant.
V, FINANCIAL ASSISTANCE GUIDELINES
Boynton Beach Recreation and Parks Department may accept grants, gifts, service-in-kind,
bequests or donations to the City for the purpose of park land acquisition, planning,
development, maintenance, operations and administration of recreation and park facilities and
programs. The City Commission authorizes on behalf of the City, the Recreation & Parks
Director to accept non-governmental grants, service-in-kind, and gifts, donations or bequests
of cash or personal property valued at $5,000 or less, provided the solicitation, acceptance and
use of these revenues and/or gifts are consistent with State Laws and Local Ordinances and
are in the best interest of present and future Boynton Beach residents. Gifts, grants, service-in-
kind, donations, or bequests valued at more than $5,000 must have City Commission
approval. Any gift or bequest of real estate and all government grants may be accepted onlv
on approval of the City Commission. All gifts, bequests, and donations of personal property or
real estate and all grants shall be held, used or disposed in accordance with the terms and
conditions under which the gift, bequest, donation, or grant is made and accepted in
accordance with State Law and local ordinances. The Director, City Manager or Commission
may reject any gift, bequest or service-in-kind for just cause.
10
Recreation & Parks Department
Revenue Policy Manua!
A. GRANTS
1. Any permanent employee of the Department is encouraged to investigate the
possibilities of securing a grant for Department facilities and programs.
Researching and investigating grants will be consistent with Department and City
policy.
2. The Director will act as the clearing house and give approval for all grants. Grant
applications requiring a City cash match of $5,000 or more that has not been
appropriated in the current fiscal year or adopted in the 5 Year Capital
Improvement Plan must be approved by City Commission.
B. GIFTS, DONATIONS AND BEQUESTS
1. The Director may accept service-in-kind from individuals or private or corporate
organizations for the benefit of a specific facility or program or for the
administration of all recreation services.
2. Any permanent employee of the Department may personally pursue gifts.
donations, bequests or service-in-kind on behalf of the Department as long as
the amount of a single donation does not exceed $4,999.
3. Gifts, donations and bequests over $4,999 in value will be pursued only upon
approval of the Director.
C. FUNDRAISING EVENTS
1. Upon authorization by the Director, fundraising events, solicitations. sales or
benefits may be conducted on behalf of the Department or as part of a
Department-sponsored program (such as, but not limited to, Holiday Parade) by
organized and recognized community groups. Such recognized groups include.
but are not limited to, civic associations, home owners associations, scout
11
Recreation & Parks Department
Revenue Policy Manual
organizations, P.T.A.'s, and adult advisory committees or councils. Such
fundraising events shall be established by written agreement among all parties.
2. Funds collected in this manner remain the property of the organizations
overseeing the collection until they officially give the cash or check to the
Recreation & Parks Director or his designee.
3. The Department and its employees are not responsible in any manner for these
funds. However, organizations receiving or handling funds during Department-
sponsored programs must follow the prescribed rules of the City for providing
accountability of all funds to the general public. Organizations will keep all funds
in a checking account in the name of the organizations. All records, bank
statements, canceled checks, blank checks and receipts, invoices and
authorizations must be available for review by the Department.
4. The Department may require or request expenditure of funds belonging to City
affiliated organizations recognized groups, such 3S BI3Ck Awareness Committee,
and shall concern itself with the proper management of these accounts and
assure that the handling of funds is carried out to the degree of accountability
required of government by the public.
VI. CONTRACTUAL RECEIPTS GUIDELINES
A. LEASES
Upon approval of the City Commission, the Department may lease park land for a
specific time as negotiated. The process of leasing land will be open to all responsible
individuals and corporations, and contracts will be awarded according to the State's
open binding procedures, following announcements published in all area newspapers.
The City Commission must approve all lease agreements. Contracts will be awarded
based on specific criteria, including but not limited to:
12
Recreation & Parks Department
Revenue Policy Manual
1. Evidence of financial responsibility and intent to use the land for designated
purposes,
2. Revenues and/or rents generated for the City, and
3. Environmental Impact Plan which includes statements on the use of chemicals.
protection of soils and water quality, and how the prospective lessee plans to
restore the land back to its state prior to lease.
B. CONCESSIONS
1. The Boynton Beach Recreation and Parks Department is authorized upon
approval of the City Commission to sell products such as supplies, food or
souvenirs, or services such as coin-lockers or rental equipment at recreation and
park facilities for the purpose of providing a service to recreation and park
patrons.
2. For the privilege of selling products or services on public park land, the City will
receive monthly rent and/or a percentage of the gross revenues generated from
the concession operation. Rent and percentages will be established on a
contract by contract basis.
3. The process of awarding contracts will follow the State's open bidding
procedures following announcements published in area newspapers. The
Director is authorized to solicit bids from reputable concessionaires according to
Purchasing Agent requirements.
4. Criteria for awarding contracts include, but are not limited to, the following:
a) Proof of financial solvency and history of quality performance in providing
the product or service in question,
b) Percentage of gross revenues generated for the City, and
13
Recreation & Parks Department
Revenue Policy Manual
c) Specific conditions and terms in the contract which ensure that the public
receives the best service possible and the Department maintains as much
control over the concession operation as possible.
VII. COMPULSORY RESOURCE: DEDICATION ORDINANCE
In order to accommodate for orderly growth and development and the influx of new residents,
and to maintain the quality environment which makes Boynton Beach a desirable community in
which to live, and in order to place an equitable share of the cost of providing new park land on
all new inhabitants, Boynton Beach City Commission authorizes the Department of Planning
and the Department of Recreation & Parks to review each subdivision plat for consideration of
mandatory dedication of land or fees in lieu of land for park, recreation and open space
purposes pursuant to the City subdivision codes. Control, record keeping, expenditures and
accountability of all revenues and property will follow State Statutes and Local Ordinances.
VIII. ACCOUNTING FOR ALL REVENUES
Boynton Beach Recreation and Parks Department will be collecting fees and charges, gifts of
land or personal and grant revenues as a result of this policy. The collection, control, record
keeping, expenditures and accountability of all revenues and property will follow State
Statutes, Local Ordinances, and Finance Department Accounting and Auditing Procedures and
Policies.
A. PARKS AND RECREATION TRUST FUNDS
In order to enable the Department to plan, organize and conduct activities and events
totally funded through appropriate funds, trust funds shall be established for special
programs.
1. All monies will be deposited in the City Treasury, in accordance with Finance
Department policies and credited to the trust fund account number.
2. The Finance Department shall be responsible for maintaining official revenue and
expenditure records as required. All transactions (deposits and expenditures)
14
Recreation & Parks Department
Revenue Policy Manual
shall be in accordance with normal Finance Department procedures, includi ng
purchasing and accounting.
3. Expenditures may be charged against the trust fund account; however.
expenditures may not exceed revenues as of September 30 of each fiscal year.
Mef1+e&-a&-Bf~tefHbef~O-0f. eaBh~#sGal-yeaF-sRaH.be-ef1Btlffioored.. .a8d catri ed
ovef-tO-tRe-f0.HGw4H€l-f+SC-al--yeaffeF~pfat1HeEl..pro€l.fafH&;
4. The trust fund shall be maintained by the Finance Department on a revenue and
expenditure basis; however, the Department will maintain detailed, separate
ledgers for each activity or event in order to provide day-to-day control of income
and expenditures for each program.
B. ENTERPRISE FUND/SPECIAL REVENUE FUNDS
When appropriate, enterprise funds or special revenue funds shall be established to
provide greater flexibility in the management of revenue-producing facilities and
programs. These funds are governed by the following policy:
1. Revenues collected shall be deposited in a fund separate from the General Fund.
Revenues collected will be used to conduct the revenue-producing
program/facility or improve the recreation services to the user. A percentage of
the revenue generated over the cost to conduct the program shall be paid to the
General Fund Revenue Account.
2. The Finance Department will assign object codes and maintain official records as
required by law. The Recreation and Parks Department will maintain detailed
and separate account ledgers for each facility and program activity in order to
provide day-to-day control of revenues and expenditures.
3. The Boynton Beach City Commission, upon recommendation of the City
Manager, Finance Director and Recreation & Parks Director, may appropriate
general funds twice a year into the enterprise/special revenue fund with the
15
Recreation & Parks Department
Revenue Policy Manual
stipulation that every effort will be made to repay the general fund appropriated
"loan" from the enterprise/special revenue fund revenues within six (6) months.
4. The costs of operating the revenue producing facilities and programs will be
charged against the Enterprise/Special Revenue Fund(s). Unspent monies left in
the fund as of September 30 will be carried forward to the next fiscal year.
5. In accordance with current City of Boynton Beach practice, a minimum of 10% of
the annual budget will be retained in the fund as emergency reserves.
IX. ANNUAL REVIEW
The Recreation and Parks Department shall review this revenue policy annually and all fee
schedules to ensure equitable services and reasonable fees to the public. The fees must be
easily collected and the cost of collection should not consume more than half of the receipts
unless the purpose of fee collection is to control usage. A written report will be presented by
the Recreation & Parks Director upon request of the City Manager.
16
Recreation & Parks Department
Revenue Policy Manual
FEE SCHEDULE
Fee Classification
Fee Range
RENTAL/RESERVATION FEES:
FACILITIES &. PAVILIONS
Rental/Reservation Deposits
Art &. /\ctivity Center
Boat Club
Civic Center
Hester Community Center
Intracoastal Park Clubhouse
~
Senior Center
Wifwfi--Sims Center
Wilson Pool
~O-$~&O $50-$300
$25 - $&G $60/hr
$-15u-$2G $35-$85/hr
$25 - $tOG $170/hr
~~-$+W $35-$170/hr
$35 - $300/hr
$'t{)--$2Bfffi
$25 - $&G $135/hr
~-€)---$~ $40-$260/hr
$50!hr.~ifeguard
$200-$260/3 hr block plus $35/hr per
lifeguard
$2B-$+5G $50-$300/day plus deposit
$-SG-$JGO $1 00-$600/day holiday plus
deposit
$B----$e $30 - $40/2 hr practice
Picnic Pavilion
Athletic Fields
RENT/\L FEES: EOUIPMEN+
Re~ts
P-i~HO
$20--$-100
~-e-VBHt'f*!-S
t-tlHffig-~~rnaffi+y
WG-)
SPECIAL SERVICE FEES
~ysffe~
Field Preparation
$20--$4G
$40u_-$W- f~elo $35/hr
per person
$3--~/hr $6 - $12/hr
~OJhr
$00 ---$ 120/Eia-y
$50-$150 per event, depending on size
and type of event
$&5 $35/hr
Lights
Special Event CeHwlfant-f'-ee
Custodial Fee
Staffing Fees
PERMIT FEES
Date
Commission
Approved
10103 8/07
12-/-00 8/07
1 0/91 8/07
1019 'I 8/07
lG-f-91 8/07
8/07
10/-91
1~-IOO8/0 7
1G-l91 8/07
1-0/-91 8/07
1-01-03 8/07
1-~/GO 8/07
l-G/9'1
10/91
1 0;91
10/91 8/07
1019-'1 8/07
10/91
10/-91 8/07
to/03 8/07
$&0 -$+-SG $100 - $500 per field 12-/00 8/07
or outdoor court rental/day
$40--$.90 $35/hr per person/field
preparation
$-30-- $l~-O1 $50-$150, depending on size
17
Athletic Teams/Tournaments
.3pecial Event Vending/Exhibitors
(Oceanfront Concerts, health fairs, etc.)
ENTRANCE, PARKING & ADMISSIONS
Beach Parking
Boat Club Park Launch Fees
Special Program Workshop,
Concert Admission or
General Admission: (e.g. holiday craft
workshop, youth Halloween programs,
theater performances, dances, etc.)
Tennis Center Daily Fees
Adult (har-tru)
Adult (composition)
lunior (17 & under)
Light Fee
Recreation & Parks Department
Revenue Policy Manual
and type of event/custodial fee
$25 - $1,500/space
Established by Article II, Section 16-82 of
the Code of Ordinances
Established by Article II, Section 16-61 of
the Code of Ordinances
$3 - $50/person
$7/person/1.5 hours
$3/person/1.5 hours
$2/person/1.5 hours
$5/1.5 hours
USER FEES Non-Resident Fee
Youth Sports $13 - $100
(ex: Flag Football, Soccer, Cheerleading,
Gymnastics, Twirling, Tumbling)
Adult Sports & Leagues $20 - $625
(ex: Softball, Volleyball, Senior Men's
Softball, Basketball, Tennis)
Fitness & Dance $15 - ~ $200
(ex. Aerobics, Ballet, Yoga, Tai Chi)
Arts & Crafts $23 - ~$200
(ex: Tot Recreation, Kids Crafts, Painting,
Calligraphy, Watercolor, Clay, Quilting,
etc.)
Adult Special Class/Workshop/one time
$7 - $-J2-$65
18
Resident Fee
$10- $80
$16 - $500
12/00
09/93
09/03
09/03
09/03
09/03
Date
Commission
Approved
09/93
12/00
$12 - $4-00 $150 +2100 8/07
$18 - $+00-$150 ~ 8/07
$4 - ~ $50
~ 8/07
Recreation & Parks Department
Revenue Policy Manual
Non-Resident Fee
Resident Fee Date
Commission
Approved
Camps
(includes field trip fees; 1, 4 or 8 week $113 - $€}2B $1,000
spring break, summer and holiday camps)
1 QLQ~) 8/07
$90 - $-WG $800
Afternoon Recreation Programs (monthly) $62 - $1-5€ $250
$50 - $125 $200 12-/00 8/07
Self Improvement/Community Interest $18 - $94
Classes (ex: language, musIc lessons,
computer classes)
$15-$75
12/00
Senior Center Annual Participation Fee
$40 - $100
8/07
Pool Admission Fees
Daily Fee
Annual Pass
$1 - $10/day
$63 - $156
$1 - $10/day
$50 - $125
8/07
8/07
Tennis Center Permits
Adult/Individual
Family
Junior (17 & under)
Seasonal Permit (valid 10/1-5/15):
Single
Family
$452 - $576
$630 - $804
$ 55 - $70
$300 - $382
$420 - $536
$252 - $322
$378 - $482
$ 25 - $32
0&/04 8/07
0&/-04 8/07
09/938/07
8/07
8/07
*Trips/Tours/Travel
$ varies (actual cost of trip + 15% administrative and
promotion charge = TRIP FEE)
*Same fee for all participants since Boynton Beach facilities are not being used.
Note:
. Programs at Caloosa Park - no fee differential since Boynton Beach facilities are not being used.
. Fees charged for grant-funded programs may fall below the fee ranges listed above.
19
Recreation & Parks Department
Revenue Policy Manual
FACILITY USE/RENTAL PRIORITY AND POLICIES
I. Facility use for City of Boynton Beach sponsored or affiliated programs shall have priority aflfi--oo
fee exempt. The Recreation & Parks Director or his/her designee shall determine whether a
group shall be considered affiliated fef-tf1is purpose.
II. All requests for fee waivers or reductions shall be made to the Recreation & Parks Director. The
Director has sole authority to approve deviations from the standard rental fees included in this
document.
III. Facility use requests must be made on the appropriate form and submitted a minimum of four (4)
weeks in advance of the requested date.
IV. Per the Interlocal Agreement between the City of Boynton Beach and the School Board of Palm
Beach County (R06-169), schools within the City of Boynton Beach shall be eligible to utilize City
facilities at no cost, except as otherwise provided for in the agreement. All other schools shall be
considered "Non-Profit" for the purpose of fee determination.
V. Additional Fees:
A. Damage Deposit: $.2W $300 for each facility excluding athletic fields and pavilions.
B. Staffing Fee: Will vary based on duration of event, day of the week and staffing requirements.
Rate is $35/hr.
C. Custodial Fee: $35 $120/hour $50 - $150 per event, depending on size and type of event.
D. Wilson Pool: Additional lifeguard fee of $35 e/hr is required for pool rental.
DIFFERENTIAL FEES
DEFINITIONS
Resident Rates
Fees for individuals or groups residing inside the Boynton Beach corporate City limits.
Non-Resident Rates
Fees for individuals or groups residing outside Boynton Beach corporate City limits.
Commercial - Fees for a business, commercial or other for-profit organization.
Non-Profit - Fees for a non-profit, 501 (c) 3 organization. Proof of non-profit status must be
submitted.
Private - Fees for an individual using a facility for a private event.
20
em
Q) :J
E C
-+-' ru
ro~
0.>-
Q) ()
0=
o
~o..
'- Q)
C'il :J
0.. C
06 Q)
>
C Q)
ocr:
.~
Q)
u
Q)
cr:
~
OL
~.
~
i
4= '
, ~ I' J - . J c.di
1 ~
f
. ~
I ~
r~ '
j ,
~ I
c1; d
ern
Q) ::l
E C
...... cu
(0:2:
c.>>
,P .S2
-=;
cu Q)
D..E
06~
C Q)
00:::
.~
Q)
....
u
Q)
0:::
N
N
em
(]) :J j!
E C
...... (1J I
ro:2:
0.>> Q)
(]) U
0= ::l-
0 CD
~o....
'- (]) t(l
('(J :J ...;.-
0.... C ~
~ (])
> 4
C (])
00:: I
.~ .....
(]) rt
U ..a:
*'
(]) ~
0:: 1 j Q)
~ ;f
CD
:1: Cf)
1) -+ I
I J
~ '+'
I
...... I
d:D
cr:
:~
I IT!
1
, ~ ~
u.
j ~
4' (t
>-
i q.l
f
$-
t ct
u.
dJ
1 1,
l."- i ! ~
rt ct
f UJ)
cr:
! to
::D
ct
.f
~
ceo
0) ::J
E c
~ co
ro~
0.>>
.Q? .~
""5
co 0)
o...~
060)
>
C 0)
00:::
~
0)
L...
U
0)
0:::
C
0"0
.- Ql
S.~ ~
III E ...
c8~ ~~
-
.c
u
~ J~
o
-
~
>-
o
al
i l~
ll~
G.l
.c
-
(ij
G.l .~
"C ~~
~ E
o
0) U
~
:2
lI>
G.l
....
Q)
.....
lI> .~ ~
"'ia a..
:;j
"C
:~
"C
~
~~
Ii
il
L... L...
..c ..c
~~
I.{) I.{)
"i'''i'
fFHfl
L... L...
..c ..c
~~
I.{) I.{)
C'0 C'0
fFHfl
II
~~
d
d
1:1
~
I.{)
(0
Efi
L...
U
nl nl
~~~
~~~
ul ad
ul fd
L...
~LI
o~
C'0 I.{)
.,- "i'
Efi Efi
L...
~~I
o~
01.{)
.,- C'0
Efi Efi
L...
hi
C'01.{)
.,-(0
Efi Efi
L...
~L...I
0::::
00
.,- I.{)
Efi Efi
~ 1~ nnHudnntfud
c:::
-
; 1~
:2
lI>
G.l
c:::
lI>
G.l
G.l
u..
ra
-
t:
G.l
c:::
-
t:
o
:;:;
ra
U 1Il
!E Q)
en ;e
lI> '0
ra nl
(,) u..
G.l
G.l
u..
.....
t;::
~~
o
z
Ii
L...
..c
---
~.c
1.{)i!5
NN
Efi Efi
Ci3
C
0)
U E
~ g
~ 0:::
( Ol
< c 0
" ~ '6
~ 0) ::J
~~Ci5
if
u
.0
c3 j
ro-
s~.
Ad ad
L...
~~I
01.{)
I.{)N
Efi Efi
L...
.8E~
~.2 ~ j
~,g~
'- "0 1Il
0~&l
"-
~~I
01.{)
I.{) C'0
Efi Efi
(IJ
L... E
.8EO
c 0
0)::J0:::
~ .~ g> j
0) C.-
CiiE"Q)
0) >>0).
Il')~
L...
.r::. L...
--- .r::.
0___
C'0 I.{)
N (0
Efi Efi
L...
.r::. L...
--- .r::.
I.{)___
1"-0
.,- I.{)
Efi Efi
co
Cii
..:.:: 0.
~ 28
- EO
~o)oo::: (
(IJ (IJ 0
co ::J 0::: E
o 0 co
~:3cCn
.b.,2g:e
Euwo... .
I"-
o
03
d
~~
d
d
II
~~~
~~~
dA
dA
L...
..c L...
~I~ "- L...
I.{) "<:j-.r::..r::.
--- ---
o I.{) I.{) I.{)
.,- (O'<:t(O
Efi Efi Efi Efi
L... L...
II ~i~~~
o 01.{)0
co I.{) C'0 I.{)
Efi Efi Efi Efi
nnt fud
L...
.r::. "-
--- .r::.
0___
01.{)
.,- C'0
Efi Efi
~
d Ah
if
~j
L... L...
.r::. .r::.
~1~1:L
I.{) 1.{)i!5l?5
"i' C'0NC'0
Efi Efi Efi Efi
I"-
o
---
co
L... L... L...
.r::. .r::..r::.
-- --- --
000
000
.,- .,- N
Efi fh Efi
"i'
N
...:
"-L....r::.
.r::. .r::. --
____0
I.{)I.{)I.{)
1'-1'-.,-
Efi fh fh
"- .... "-
.r::. .r::. .r::.
000
"i'''1'CO
fh fh fh
E E
o 0
o 0
L...L... C(
0) (IJ(l) E (IJ L...
-+oJ 0.......0)
co o"'-ro~
(l) 0. 0::: c L... C
u:; gu (l)<(cou
o .:t j E Ui 06 ~ E E E
.c .=: 1; (IJ (IJ E 0 0 0
O)::J. u~t 000
(/)~ <(U<((/)O:::o::o::
'Cm
aJ :J
E C
......'(Q
ro2:
0..>.
aJ U
0=
o
~o...
'- aJ
ro :J
0... C
06 aJ
>
C aJ
00:::
~
aJ
t5
aJ
0:::
---~~~-- ~---__.'__I._~-- .-~--~.'---_.-_.-
a; ! I
~~i ~~ ~~ ~~
tt
- -- ----.._-~ ~_,_.____u
ijij5t 5t~ 5tij 5tij ~
i ..
I
I
I 4 (() n
>. ...
aal -it
2$ c1l a~ a
a
~
ui j j i~ II a
UJ
'-
L
ui N i '- n
~ L '-
(ij;:f: a
0 NC'1)
M ~co
tF) tF) tF)
I I ~ Ii
L '-
iiI N ~ L '-
-- -- L
LJ'D r..a>__
0 NC'1) ~
M ~ co
tF) tF) tF)
iud I
$1 t I
I al 'l-.
J h ;l
j ~
-~--
I
Hi ~ ~ i! n a
I UJ I
'- ~~
L
ui ~ '-
N L '-
LiD ~~ rti a
0 NC'1)
M ~ co
tF) tF) tF)
--~- ~.._- .- -----
-- oM
Q5
I Ul 5; g
Q) III
I ~'l
HI! UJ>' UJ
"'0 >< "'0 . o ( .
Q5~ 05.
~c3 ~ ~ 0
0...
:.;::;a:;CjLL'-L( C .c
aJUO ~aJ~. o .
::cc~ LCilO( UJ
-' aJs: aJ=_ ~c
<to... :.JI<t
----~ __~~_~_.L-_____,._______
2%
~
i
("'i,J
8E
+-
I
~
1
oJ.:
I
C$
~
(fj
JJ
. ~ ~
~ ~
j l, I 1 I
. ~ .! f 1
($ i 1 ~
,1 ,~ ~ 1
.'r i l' ~
::h
.....
14~!.
~ ~ ~ ~ ~ I d
I! i i I r I),.
I I I ! '-1' f
i .. I ~ ~ ~ i ! i
~ cD.~ QJ) d: i CD ~
~: fl~~l ~ ~
2 ~ cJ ~ ~ Lu- ~ ?1-
~ I.
~ ~
I
i
I
i
~
J !
-w
ern
a> ::l
.s ~
rn~
0.:>- _
a> 0 .::
f""\ -- U
o rtl
1.. Q)
co
c:
o
-
c:
>-
o
co
-
o
l/l
~
,u ~
0... c
06 a>
>
c a>
00:::
~
a>
L-
o
a>
0:::
E
C
0"0
'iij Q)
Q) (J) >
...,.- 0
<ll E '- ~~ ~~ ~~~ ~~~ ~~ ~~~ ~~~ ~~
cE~ I'- I'-
0< 0 0
03 ---
u co
J! ~~ ~~ ~~~ ~~~ ~~ ~~~ ~~a ~~
]! ji AI ul td d ji I ul U
]! jj AI UI Id d jj I ul U
'iii L- (/)
L-
'u L- ..c if L- ..c
L- L- L- ..c L- ~~I ..c L-
I! ..c ..c U g"l L- ~~""I L- L- L- ul Ni
~5g ..c L- ..c ..c ..c ~
o~ o~ --- ..c L[') ..c..c 000
0___
00 I'- 0 I'- L[') OL[') ("')L[')OLD ("') ("') co 0
0 co co ..- co ..- co ("') co "-COCOCO ...... ..- N '<:!"
U WW WW WW WW WWWW WWW W
L- (/)
L- ..c II L- L-
..c
Ql L- L- L- ..c L- ~~I ..c L- Ii
]~ ..c ..c U @"I L- ~~""I L- L- L- ul
-- --
fa;~ o~ o fa; ..c L- ..c ..c ..c
ctTt --- ..c L[') ..c..c --- --- ---
0__ --- --- 000
L[') L[') ("') L[') ("') L[') ("') L[') OL[')L[')L[') 000
'<:!" '<:!" ..- '<:!" ......CO NCO ..-CO'<:!"CO ..- ..- N
WW WW WW WW WWWW www
}! ~~ d ul ul d ~~ I ul U
}! ji d ul til AI ji I ul U
- (/)
L-
to:: If ..c
~! L- L- '- '- '- '- L- Ij
..c U ~~I HI L- ..c ..c L- Ad
~~ g~ ..c L- u~~1 '- L- ..c
-- ..c ..c ..c --
0 --- 0___ ______0
z L[') L[') L[')L[') L[') L[') ("') L[') OL[')L[')L[') 000
("') ("') CO("') CO'<:!" ..-'<:!" CO'<:!"("')'<:!" L[') L[') ..-
WW WW WW WW WWWW WWW
(/) Qj
'- L-
a> ro E E 'UJ
(/) e ~ 'UJ 0 0 a>
Ql a> (/) g- E ( 0 0 I
:e UE L- E ro L-O::: 0::: Ir1 ---
a> 0... - 0 ~ a> a> E (/) (/):>-
0 '- E 8 E 0 1 L- -ox
'u 0 a> e rn +-'(/)0 -- a> -ro
III 0::: eE'UJ ::l0::: a> 00::: a50&E'm e a>_
.n a> U5 .- ro
u. ::l ~Wj '2.~ g> j (/) 0 ()~~gOj a><(cou LL(')
1< OJ a> ro ::l o:::E
10 .!: 0 (3 ~j U ~~ 0 0 ~ ro ~j o o.~ Ui06 ~ E E E S.Cj
a> C.- 0 ..c c L- a> 0 0
'Q)'6 ro .S:? "0 (/) U5E'Q) l; .n a> OJ 'c ~.~ (/) (/) E 0 0 0 - c (/)
~a>::l 0 .~ ::l ro a> :>-a>. ::l > 2 a>::lt5~t ._ 0 0 0 ..ca>=
~~Ci5 co U <(w I(')~ c (3 wo... U)~<(u<( U)o:::o:::o::: ::(0...$
Q)
-
rtl
...
o
0.
...
o
u
Q)
.::
-
Q)
"C
l/l
-
:::J
o
Cl
c:
"C
l/l
Q)
...
l/l
rtl
:::J
"C
.~
"C
c:
co
N
-
l/l
Q)
-
rtl
a::
-
c:
Q)
~
l/l
Q)
a::
I
c:
o
Z
l/l
Q)
Q)
LL.
rtl
-
c:
Q)
a::
-
c:
o
;;
rtl
U
;;:
l/l
l/l
rtl
U
Q)
Q)
LL.
ern
(j) :J
E c:
~ m
ro:2:
0.>-
(j) U
0=
o
~o...
'- Cll
ro :J
Q.. c:
06 Cll
>
c Cll
00:::
~
(j)
t3
Cll
0::
__.__ _~_.______.---_n__~
~S$ ~~ ~
rlJ
,-t
,
I
~~ ~5t ~
~~ II j
b$~
i! n j
'- n
J:: '-
-- J::
~~ j
N
.,.- co
&"t &"t
'- n
J:: '-
-- J::
~-- 4-
N~ a
.,.- co
&"t &"t
i! II j
i! Ii ~
b$
--
'- n A~
J:: '-
~~
IN
.,.- co
&"t &"t
I
I M
i ..1:"'-0-0
i ~ I 5 ~ ~
i
I (fJ r'~"ff
I "'0 .
05,
; ~
Cll '-
LL'-Cll
_ 2 E.~ ~. ~ ~
J::(/)O( _ ::J
(j)=. ci ~c 2
:::iI<(
~
~
i
1
~
~
j
,
...cr:
· - J., i
j. . i . I.'
o
<1.1
...cr:
~ ~ q .. j
I
i
rtl
(j)
Cb
'tt
.$
~
J ~ t, I I ~
~~~"V.."O. k
Ill' .J. :r
o CJ
1-", ... y7'
"'0 N \?
CITY OF BOYNTON BEA(
AGENDA ITEM REQUEST Fl
XIII-UNFINISHED BUSINESS
ITEM B.
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 August 21,2007 August 6, 2007 (Noon.) 0 October 16, 2007 October 1, 2007 (Noon
r8J September 4,2007 August 20,2007 (Noon) 0 November 7, 2007 October 15,2007 (Noon)
0 September 18, 2007 September 3,2007 (Noon) 0 November 20,2007 November 5, 2007 (Noon)
0 October 2, 2007 September 17, 2007 (Noon) 0 December 4, 2007 November 19,2007 (Noon)
0 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 r8J Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Discussion of City Resolution No. 03-164, per the request ofa member of the Commission.
This item was tabled at the August 7,2007 City Commission meeting.
EX PLANA nON: At the August 3, 2007 City Commission pre-agenda meeting, a member of the Commission asked
that this item be placed on the August 7, 2007 City Commission agenda for discussion. Resolution No. 03-164
establishes core values and minimum standards of conduct for public officers of the City. This resolution failed on
September 16,2003, as reflected in the attached minutes excerpt.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: Not to discuss Resolution No. 03-164.
I4/CrA~~ f: -;. 71 d)
City Manager's Signature
Assistant to City Manager ~
~ M~CLi Om C-<-'
Dep rtment Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
I
I,
, '
~ \V-,o'.?
0:
~
RESOLUTION NO. 03- (Co~
AN RESOLUTION OF THE CITY OF BOYNT BEACH,
FLORIDA, ESTABLISIDNG CORE V DES AND
MINIMUM STANDARDS OF CONDUC FOR PUBLIC
OFFICERS OF THE CITY; PRO ING FOR AN
EFFECTIVE DATE.
/
WHEREAS, although Chapter 112.311, et eq., Florida Statutes the Code of
Ethics for public officers and employees, was nacted to ensure that the public be
rotected from conflicts of interest and unethic conduct by elected and appointed public
fficers, the City Commission has determine that local guidelines should be established
o ensure confidence in the integrity of C' government and the City's public officers;
and
WHEREAS, the City Co lssion of the City of Boynton Beach, Florida, desires
o establish core values and m' lmum standards by which the City's public officers
should be guided in the perfo ce of their designated duties; and
WHEREAS, the . y of Boynton Beach core values and standards of conduct are
intended to apply to the fficial and day-to-day conduct of elected and appointed public
officials ofthe City 0 oynton Beach; and
WHERE S, these core values and standards of conduct will serve as a valuable
reference guid or all those in whom the public has placed its trust; and
W REAS, the City Commission of the City of Boynton Beach has determined
that thes core values and standards of conduct are in the best interests of the citizens of
the Cit of Boynton Beach, and will assist in ensuring that the City's elected and
appoi ted officials have basic standards established by which to guide their conduct; and
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
oynton Beach, Florida, as follows:
SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
as being true and correct and are hereby made a specific part of this Resolution upon
adoption hereof.
SECTION 2. The City Commission hereby establishes the following core values
and standards of conduct for all elected and appointed officers of the City:
Core Values and Standards of conduct.
The term "public officer" means any person elected to the City
Commission or any person appointed to any City board.
1
C:\Documents and Settings\lamannar.CITY\Local SettingslTemporary Internet Files\OLKl20lCode of Ethics-BBKB.doc
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
4
.L5
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
~/
In furtherance of the public trust assumed by public officers.of the City
upon their election or appointment to public office or employme , the following
standards of conduct shall be applicable to public officers of the ity:
(a) Core Values. Each public officer shal pledge his or her
commitment to the following core values of the City f Boynton Beach, as
follows:
(1) Diversity - A public officer will use e strengths that come from
our differences as we work toward e completion of our goals.
(2) Integrity - A public officer wi aemonstrate consistency in action
and words grounded in ethic conduct. Having the courage to do
the right thing and be will' g to be held accountable for our
decisions.
(3) Stewardship - A pu ic officer will practice responsible
management of lic and natural resources entrusted to our care.
(4) ublic officer will encourage the use of imagination
ideas and find improvements.
(b) Standar of Conduct. Each public officer shall pledge his or her
commitment to the fo owing standards of conduct of the City of Boynton Beach,
as follows:
(1) L adership by example. A public officer will display leadership
y:
Subscribing to the City of Boynton Beach standards of
conduct for Public Officers; and
B. Promoting a sense of community, community values, and
community spirit and by embracing diversity within the
community, while focusing on the importance and values
of family; and
C. Practicing a "can do" attitude rather than an attitude of
negativity; and
D. Developing vision or focus on the future, and supporting
the achievement of vision; and
E. Being responsive; and
F. Recognizing and fostering leadership throughout the City
government and the residential and business communities
of the City; and
G, Balancing statesmanship and political and professional
goals; and
2
C:\Documents and Settings\lamannar.CITY\Local Settings\Temporary Internet Files\OLK 120\Code of Ethics-BBKB.doc
1
2
3
4
5
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Ii
,
(2)
(3)
H. Maintaining a positive image, while work'
best interests of the City and its citizens.
Empowerment (mindset/orientation) attitud . A public officer will
display an empowerment attitude by:
A. Encouraging citizens to be a ve, responsible and informed
partners in City gove nt that function with public
officers of the City to ac eve a shared vision; and
B. Empowering City ad nistration to continuously improve
the quality of an the services provided by City
government; and
C. Encouraging entr preneurship by governing the City as a
successful, ethi I business model; and
D. Maximizing rvices while minimizing tax burdens on
citizens.
Customer focus nd involvement (volunteerism/action). A public
officer will ncourage and promote customer focus and
involvement y:
A. E couraging cItIzens and residents to be involved in
overnment and bridging the gap between City government
and community; and
Promoting specific avenues by which citizen input is
gathered and information is disseminated by the City; and
Encouraging citizen involvement in decision-making; and
Supporting data-based decision-making.
Continuous improvement. A public officer will work towards
continuous improvement through:
A. Self-improvement through education, personal growth, and
personal learning; and
B. Supporting process improvement in City systems and key
process improvements through knowledge-based decision-
making; and
C. Supporting and encouraging personal wellness and
professional development throughout City government; and
D. Supporting innovation through technology; and
E. Promoting effective use 0 f customer feedback to improve
quality of government and the providing of government
servIces.
3
C:\Documents and Settings\lamannar.CITY\LocaJ Settings\Temporary Internet Files\OLKI20\Code of Ethics-BBKB.doc
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
4
L5
26
SECTION 3. This Resolution shall become effective immedia y its
passage and adoption.
PASSED AND ADOPTED THIS ~ day of September
TTEST:
City Clerk
TON BEACH, FLORIDA
Commissioner
Commissioner
Commissioner
4
C:\Documents and Settings\lamannar.CITY\LocaI Settings\Temporary Internet Files\OLKI20\Code of Ethics-BBKB.doc
"
"
"
:-
Meeting Minutes
Regular City Commission Meeting
Bovnton Beach, Florida
AUGust 5, 2003
X. FUTURE AGENDA ITEMS:
A. Proposed Modifications to City Personnel Policy Manual - Annual Update (August
19, 2003)
B. Proposed Resolution regarding accepting the Pay Plan for 2003-04 (August 19,
2003)
C. Proposed Resolution regarding raising fees for annual permits, daily fees and
light fees at the Tennis Center (August 19, 2003)
D. 1 st Public Hearing regarding Budget (September 4, 2003)
E. Public Hearing regarding Fire Assessment (September 11, 2003)
F. Proposed Ordinance regarding granting to Florida Power & Light Company an
electric franchise agreement for the period of thirty years from the date of
acceptance (September 2003)
G. Follow-up Meeting with CRA on lJevelopment Issues (September 2003)
H. 2nd Public Hearing regarding Budget (September 16, 2003)
1. First reading of Proposed Ordinance regarding docks (September 16, 2003)
J. Workshop Regarding Cemetery Options and Proposal by Cemetery Board to
Expand Cemetery West. into Little League Park (October 2003)
K. High School Task Force Report (December 2, 2003)
L. Proposed Lease Agreement with Boynton Woman's Club (TBA)
M. Approve Community Development Block Grant (CDBG) Sub-Grantee Agreement
with Juvenile Transition Center, Inc. of Boynton Beach in the amount of $7,500
(Proposed Resolution No. R03- )
XI. NEW BUSINESS:
A. Proposed Ethics Ordinance for review and discussion
City Attorney Cherof explained that the challenge was not to duplicate the State Ethics Code but
to make it more locally sensitive. Tile first document in the agenda package sets forth the code
of ethics. It summarizes a standard of conduct, which is set forth on pages 3, 4 and 5. The
general standards are that elected and appointed officials should provide leadership by
example, there should be an empowerment attitude to encourage citizens to participate in local
government, customer focus and involvement encouraging volunteerism at a City level and
18
Meeting Minutes
Regular City Commission Meeting
Bovnton Beach. Florida
AUGust 5. 2003
there should be a commitment for continuous improvement. This document also calls for group
commitment by having elected officials participate in training sessions and retreats. There is
also the enforcement aspect that is covered by State law.
He explained that the second document enforces the Code of Ethics. This document sets forth
an enforcement procedure that requires the appointment of an Ethics Advisory Board. Their
powers would be limited as to enforcement as the true enforcement tool under Florida public
law is the recall procedure.
City Attorney Cherof said that, not knowing specifically what the Commission wanted, these
were simply documents for debate.
Mayor Broening thought that in principle, it was a very good idea. He felt that it was good to
have some standards generated at the local level in addition to the State standards. He had
the following editing suggestions:
. On the third "Whereas," where it says "is intended to apply to the day-to-day conduct of
elected and appointed public officials of the City of Boynton Beach" - suggested "is
intended to apply to the official and day-to-day conduct."
· In the fifth "Whereas," in the last phrase where it states "appointed officials abide by the
highest ethical standards" - suggested "understand and abide"
Mayor Broening asked what the definition was for a public officer. City Attorney Cherof
explained that this covers anyone elected or appointed and includes all board members but not
department heads.
· On page 3, Standards of conduct (1) F - suggested "Gaining satisfaction" rather than
"Having fun"
· Item (2) A on page 3 - suggested adding a word so that it states "Encouraging citizens
to be active, responsible and informed partners"
· Page 4 - "maximizing revenue while minimizing tax burdens" - suggested "maximizing
productivity to assure superior services and quality of life while minimizing tax burdens"
City Attorney Cherof suggested the phrase "Maximizing services while minimizing tax burdens
on citizens." Mayor Broening agreed with this.
Commissioner McKoy felt that it was important that the Commission adopt the first section of
this so that we can all have a standard to follow even though the guidelines are set by the
State. He had a concern regarding item A concerning the Ethics Advisory Board on the second
document. He would not want to see this board be used for personal gain or to single out an
individual, particularly during election time.
19
Meeting Minutes
Regular City Commission Meeting
Boynton Beach. Florida
AUGust 5. 2003
City Manager Bressner explained that the Commission could adopt the first document and not
go forward with the second draft. There is already an enforcement tool and the Commission
would not have to create this advisory board. He felt that the first draft set the tone.
Vice Mayor Ferguson echoed that sentiment. He also had reservations regarding the first draft
ordinance. Part of it deals with ethics but he felt that other parts regarding orientation and
retreats had nothing to do with ethics. He was satisfied that the State Statutes will satisfy the
ethics issue and he did not believe that these ordinances were needed.
Commissioner McCray said that the Commission is guided by the State Code of Ethics and asked
whether other cities have these ordinances. City Attorney Cherof replied that Boynton Beach
would not be the first to have them but it is not the norm because the Florida Code of Ethics is
rather stringent. Commissioner McCray did not see a need for this ordinance.
Commissioner McKoy felt strongly that we should have something internally so that we could
address the issue on a local level and not just through the State.
Mayor Broening said that he understood the logic of everything that was said tonight. He
believes in home rule and thought Florida was a tough state for home rule. He felt that our
level of understanding and sensitivity must improve and that the Commission must work as a
group and the boards must work as a group. He thought a retreat would be very worthwhile
for the new Commission.
City Manager Bressner said that one of the proposed ordinances deals with enforcement and
the Commission may want to leave that in the hands of the State. He commended City
Attorney Cherof for his work on the proposed ordinances. He found the idea of orientation and
the retreat process to establish basic operating procedures of particular value. He felt that the
Commission has already done much of that and he credited a lot of that to the leadership of the
Mayor. City Manager Bressner felt that some of the items in the proposed ordinances were
worthy of conversation at a workshop or at a retreat and could be contained in a resolution.
Commissioner McKoy explained why he felt it was necessary to bring this issue forward. One
member of this Commission went before an outside agency to talk about issues and perhaps he
may have misrepresented himself. It is important that when we conduct business for the City,
it is done in a manner that is professional, ethical and productive. Commissioner McKoy
thought that it was important to have some internal guidelines. He wanted to have something
that will ensure that when we conduct business as the Mayor, Vice Mayor or a Commissioner,
we are working for the best interests of every citizen and not against anyone.
Mayor Breening did not believe an ordinance was needed. He felt that a resolution regarding
Commission conduct was in order.
Motion
Commissioner McCray made a motion to direct the City Attorney to draw up a resolution dealing
with the Code of Ethics for the City of Boynton Beach to be used as home rule, not only for the
Commission but also for the appointed boards within the City of Boynton Beach. Commissioner
McKoy seconded the motion that carried 3 to 1 with Vice Mayor Ferguson dissenting.
20
Meeting Minutes
Regular City Commission Meeting
Boynton Beach. Florida
AUGust 5. 2003
B. Amendment to City's Community Investment Fund policy (Proposed
Resolution No. R03-131)
City Attorney Cherof explained that they took the existing group of policies governing the
Commission's expenditures of Community Investment Funds and simplified them. They
reduced them to the following four principal criteria for spending the funds:
1. Public funds should not be used to improve private property unless there is a clear
public need, purpose and benefit
2. The recipient/payee is a resident of the City or is a business entity with offices in the
City
3. A public purpose beneficial to the entire community is served by such donation
4. Proper safeguards are being implemented by the City administration to assure that the
funds will be used for the stated purpose
City Attorney Cherof said that there is a form attached to the proposed resolution. The
Commission decides what they want to fund and then turn it over to the City Clerk. The City
Manager, the Finance Department and the City Clerk then process the form.
Vice Mayor Ferguson asked whether the expenditures would have to satisfy all four conditions
and City Attorney Cherof replied that they would. Vice Mayor Ferguson did not believe that the
Boynton Beach YMCA Partners with Youth would qualify as they are not a resident of the City or
a business entity with offices in the City. It was the consensus of the Commission that the
wording in the second criteria be changed from "with offices in the City to "with services
provided to the City."
Motion
Vice Mayor Ferguson moved to approve proposed Resolution No. R03-137 as amended. Motion
was seconded by Commissioner McKoy and carried unanimously.
C. Allocation of Community Investment Funds for the Carolyn Sims Annual Family
Day Picnic ($1,000 from Commissioner Mack McCray and $1,000 from
Commissioner Carl McKoy and $2,000 from Mayor Gerald Broening)
City Manager Bressner said that this complies with all four items in the Community Investment
Fund resolution and staff supports the request.
Motion
Vice Mayor Ferguson moved to approve. Commissioner McCray seconded the motion that
carried unanimously.
21
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida
September 16, 2003
1. Proposed Resolution No. R03-164 Re: Establishing minimum
standards of conduct for public officers of the City
City Attorney Cherof read Proposed Resolution No. R03-164 by title only,
Vice Mayor Ferguson felt that this proposed resolution was superfluous. Commissioner Weiland
agreed.
Motion
Commissioner McKoy moved to approve Proposed Resolution No. R03-164. Commissioner
McCray seconded the motion that failed 2 to 3 with Mayor Broening, Vice Mayor Ferguson and
Commissioner Weiland dissenting.
D. Other:
None
XIII. UNFINISHED BUSINESS:
None
XIV. ADJOURNMENT:
There being no further business, the meeting properly adjourned at 9:52 p.m.
/.
'"
Deputy City Clerk
(9/18/03)
~~~C/ .
/' Commissioner
22
I
I
I'
I
ORDINANCE 03-
AN ORDINANCE PROVIDING FOR AN
ETHICS ADVISORY BOARD AND
PROVIDING FOR DISPOSITION OF
ALLEGED VIOLATIONS; PROVIDING
FOR CONFLICTS, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE
DATE.
WHEREAS, Chapter 112.311, et seq., Florida Statutes is known as the Code of
thics for public officers and employees, and was enacted because the public interest
equires that the public be protected from conflicts of interest and unethical conduct by
lected and appointed public officers; and
WHEREAS, the City Commission of the City of Boynton Beach, Florida, desires to
nact a Code of Ethics governing the City's public officers in the performance of their
esignated duties; and
WHEREAS, this City of Boynton Beach Code of Ethics is intended to apply to the
ay-to-day conduct of elected and appointed public officials of the City of Boynton Beach;
d
WHEREAS, this Code of Ethics will serve as a valuable reference guide for all those
. n whom the public has placed its trust; and
WHEREAS, the City Commission of the City of Boynton Beach has determined that
he enactment of a City Code of Ethics is in the best interests of the citizens of the City of
oynton Beach, protects the integrity of City government, fosters public confidence in the
actions of the City, and will assist in ensuring that the City's elected and appointed officials
abide by the highest ethical standards; and
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Boynton Beach, Florida, as follows:
SECTION 1.
BOARD COMPOSITION - CREATION; TERMS, AND
QUALIFICATIONS:
A. Creation and composition. There is hereby created the Ethics Advisory Board
(Board), to be composed often members. The Mayor and each member of the City
Commission shall appoint two members to the Board. The City Commission shall
appoint the chair and the vice c.;hair.
s'le A IOrdlOances1draft ordinance\Elh.cs Commission,doc
I'
I
, I
B. Terms of office. All members of the Board will be appointed for a term of one year
from date of appointment. All members shall serve until their successors are
appointed and qualified.
C. Qualifications. A member shall be a resident of the City or shall own and operate a
business in the City. Additionally, no member of the Board may be:
(1) a city official or spouse of a city official;
(2) a city employee or spouse of a city employee;
(3) an elected public official; or
(4) a candidate for elected public office.
(5) a City Lobbyist;
(6) anyone having any economic interests with any Commission member or mayor;
(7) anyone who has been a paid campaign worker or political consultant for any city
commission or mayoral candidate.
ECTION 2.
JURISDICTION AND POWERS; RECUSAL:
A. Jurisdiction. The ethics advisory Board shall have jurisdiction to review and make
findings concerning any alleged violation of the City of Boynton Beach Ethics Code
by any elected official, if a complaint is filed within sixty days after the date of the
alleged violation. The Board may not consider any alleged violation that occurred
before the enactment of the City Ethics Code
B. Termination of City official's. The termination of a city official's term in office
renders moot any complaint pending at the end of the official's term.
C. Powers. The ethics advisory Board has the following powers only:
I :s:\e A \Ordinances\draft ordinancelElhlcs eornmiSSlon,doc
i 2
\ \
I,
(1) To establish, amend, and rescind rules and procedures governing its own internal
organization and operations in a manner and form consistent with this article.
(2) To meet as often as necessary to fulfill its responsibilities.
, I (3) To receive from the city manager such staff support as they reasonably request to
I
carry out the duties of the Board.
(4) To review, index, maintain on file, and dispose of sworn complaints.
(5) To make findings of fact as necessary for the disposition of a complaint.
(6) To make notifications, extend deadlines, and conduct investigations.
(7) The power to request such wItnesses and documents as the Board deems relevant.
D. Recusal. A member of the ethics advisory Board shall recuse himself or herself
only for conflicts of interest as required by Florida Statute Section 286.012. The
member shall report the conflict to the Board and refrain from participating in any
discussions or voting on the complaint.
ECTION 3.
COMPLAINTS:
A. Filing. Any person or the Board on its own initiative believing there has been a
violation of the City Ethics Code may file a sworn complaint, under the penalty of
perjury, with the City Clerk. The complaint must:
(1 )identify the person or persons who allegedly committed the violation;
(2) provide a statement of the facts on which the complaint is based;
(3) to the extent possible, identify the ethics provision or provisions allegedly
violated; and
(4) identify sources of evidence, if any, that the complainant recommends
should be considered by the Board.
i ~\e A \OrdlOancesldraft ordlOancelElhics Commission,doc
,I 3
t I
I
I!
B. Confidentiality. Neither the Board nor any Board member shall make any
I
I
I
i
I
, I
,i
representation or promise of confidentiality. The proceedings of the Board shall be
conducted in accordance with the requirements of the Florida's open meeting law,
Section 286.011, Florida Statutes. All records of the Board and its members are
public records as that term is defined in Chapter 119, Florida Statutes.
C. Notification. All Complaints shall be on a form provided by the City Clerk. The
City Clerk will receive all complaints, assign a complaint number, and shall then
promptly forward a copy of the complaint to all board members and to the person
charged in the complaint. The person charged in the complaint shall have the
opportunity to submit a sworn statement, together with such other information he or
she feels is relevant.
D. False accusations and responses. The City Clerk shall, in writing, advise the
person filing the complaint that falsely accusing someone of a violation of this
chapter may result in civil liability to anyone who knowingly makes a false
accusation.
E. Summary dismissal.
(1) Within 21 days after receipt of a complaint the Board members shall meet and
make a preliminary finding in an open hearing as to whether or not the complaint
states a claim under this chapter and is supported by just cause. "Just cause" means
I such cause as is found to exist upon a reasonable inquiry that would induce a
Ii
reasonably intelligent and prudent person to believe that a person has committed an
act or acts constituting an ethical violation under this chapter.
s,le A \Ordinancesldraft ordlOancelElhics eOmmlSSIOndoc
4
\ \:
I
, '
(2) If the preliminary finding is that the complaint does not state a claim under this
chapter or does not have just cause, based upon the statements and evidence
: \
I
submitted, the complaint must be dismissed. A determination that a complaint be
dismissed can only be made upon the affirmative vote of a majority of Board
, \
,
I
members present. Written notice ('fthe dismissal must be sent to both the person who
made the complaint and the person about whom the complaint was made, identifying
the reason or reasons for dismissal.
ECTION 4.
HEARING PROCEDURES:
A. Evidentiary hearing. If a complaint is not summarily dismissed. it will be pursued
further at an open hearing before the Board. Not less than 10 days before the hearing,
the Board shall, by certified mail or personal service, give written notice of the
hearing to both the person who made the complaint and the person about whom the
complaint was made.
The notice must state the specific provision or provisions of this chapter alleged in the
complaint to have been violated, as determined by the preliminary panel.
B. Notice of charges. At the hearing, the Board shall limit its review to the allegation
of the complaint and shall not expand its review to any other matter.
C. Ex Parte communications. It is a violation of this chapter for:
(1) the complainant, the person charged in the complaint, or any person acting on
their behalf to engage or attempt to engage, directly or indirectly, in any ex parte
communication about the subject matter of a complaint with a member of the Board;
or
(2) a member of the Board to:
. I
I
s\e A \Ordinancesldraft ordinance\Elhlcs ComrrusSlOn ,dC'C
I'
, I
5
. I
: !
(a). knowingly entertain an ex parte communication prohibited by Sub-section (c)( 1):
or
(b). knowingly communicate, directly or indirectly, with any person, other than a
member of the Board, its staff, or its legal counsel, about any issue of fact or law
relating to the complaint.
D. Duty to cooperate. All city officials and employees shall cooperate with the ethics
advisory Board and shall supply requested testimony or evidence to assist the Board
in carrying out its charge.
ECTION 5.
HEARING RULES.
A. Hearing on complaints. The rules contained in this section apply to all hearings of
the ethics advisory Board on complaints not summarily dismissed.
B. General rules. A determination that a violation of this chapter has occurred can be
made only upon an affirmative vote of at least three-fifths of the Boards members
present and voting, otherwise the complaint must be dismissed. A finding that a
violation occurred must be supported by a preponderance of the evidence.
"Preponderance of the evidence" means that measure or degree of proof that produces
in a person's mind a firm belief or conviction as to the truth of the allegations sought
to be established.
C. Procedural rules. A quorum of eight Board members must be present for a hearing.
Any member of the Board who is not present at a hearing on a complaint may not
participate in any discussion, voting, or disposition regarding the complaint. All
witnesses must be sworn, and the members of the ethics advisory Board shall conduct
questioning of witnesses.
,s Ie A lOrdlnancesldraft ordinance\Ethics eommlSSlon doc
!
6
The Board is not bound by the rules of evidence and may establish time limits and
other rules relating to the participation of any person in the hearing, subject to
Subsections (d) and (e) of this section.
: i D. Rights of the oerson charged. The person charged in the complaint has the right to
attend the hearing, the right to make a statement, the right to present and cross-
examine witnesses, and the right to be represented by legal counselor another
advisor.
E. Rights of the complainant. The person charged in the complaint has the right to
attend the hearing, the right to make a statement. the right to present and cross-
examine witnesses, and the right to be represented by legal counselor another
advisor.
ECTION 6.
DISPOSITION OF COMPLAINT:
A. Written decision. The ethics advisory Board shall make all reasonable efforts to
issue a written decision within 45 days after receipt of a complaint. The Board shall
state its findings in the written decision. The written decision must either:
(1 )dismiss the complaint, with the grounds for dismissal set forth in the decision; or
(2) find that there has been a violation of this chapter and identify in the decision the
particular provision or provisions violated.
B. Notification. Copies of the findings and decision must be forwarded to the
complainant, the person charged in the complaint and any member of the ethics
advisory Board who did not participate in the disposition of the complaint. A copy of
I:
I the findings and decision must also be forwarded to the City Clerk.
I
i S\eA IOrdinancesldraft ordinance\Elhics CommisSlon,doc
I 7
I
,
i I
C. Similar charges barred. If the complaint is dismissed because the evidence failed to
establish a violation of this chapter, the Board shall not entertain any other similar
complaint based on substantially the same evidence.
: ~ECTlON 7. REFERRAL OF MATTER FOR APPROPRIATE ACTION AND
SANCTIONS:
A. Referral. If the Board determines that a violation of this chapter has occurred, it
shall deliver a copy of the findings to the complainant, if any, the person named in the
complaint and the City Commission.
B. Sanctions:
I. If the Board determines that a violation has occurred, it shall proceed directly to
determination of the appropriate sanction( s).
2. If the Board determines that a violation has occurred, it may impose or recommend
the following sanctions:
A. A letter of notification shall be the appropriate sanction when the violation is
clearly unintentional, or when the official or employee's conduct complained of was
made in reliance on public written ethics opinion of the City Attorney. A letter of
notification shall advise the official or employee to whom it is directed of any steps to
be taken to avoid future violations. The Board may direct a letter of notification to
any official or employee covered by this chapter.
B. A letter of admonition shall be the appropriate sanction in those cases in which the
Board finds that the violation is minor and/or may have been unintentional, but calls
for a more substantial response than a letter of notification.
, is :\C A lOrdmances\draft ordinancelElh.cs CommiSSlon,doc
! I 8
Ii
, I
II
\ \
I
1\
I ~
C. A reprimand shall be tbe a~~ro~riate sanction when the Board finds that a
violation has been committed intentionally or through disregard of this cha~ter. A
reprimand directed to a city official shall also be sent to the City Commission.
D. A letter of censure or a recommendation of recall shall be the appropri ate sanction
when the Board finds that a serious or repeated violation ofthis cha~ter has been
committed intentionally or through cul~able disregard of this cha~ter by an elected
A letter of censure or a recommendation ofrecall directed to an elected city official
city official.
shall be transmitted to the City Clerk. published in a local newspll\ler of the largest
general circulation and shall be sent to the City Commission.
ECTION 8.
OPINIONS ISSUED BY THE CITY ATTORNEY:
A elected official who reasonably and in good faith acts in accordance with a written
advisory o~inion issued by the city attomey may not be found to have violated this
cha~ter by engaging in conduct a~proved in the advisory opinion. if:
A. the person requested the issuance of the opinion~
B. the request for an o~inion fairly and accurately disclosed all relevant facts;
SECTION 9.
ANNUAL REPORT:
The Board shall prepare and submit an annual re~ort to the city commission detailing
the activities of the Board during the prior year. The fonnat for the report must be
designed to maximize ~ub\ic and private understanding of the Board's operations.
I
, The re~ort may recommend changes to the text or administration of this cha~ter. The
City Clerk shall take reasonable ste~s to ensure wide dissemination and availability of
the annual report of the Board.
I
I
I s:\C A\Ordinancesldraft ordmance\Elhics CommissIOn doc
i 9
ECTION 10.
PENAL TIES AND ENFORCEMENT. GENERAL:
The remedies contained in this article are available whenever the Board finds a
violation or violations of this chapter.
ECTION II. Should any section, provision, paragraph, sentence, clause of word of
his Ordinance or portion hereof be held or declared by any court of competent jurisdiction to be
constitutional or invalid, in part or application, it shall be considered as eliminated and shall
ot affect the validity of the remaining portions or applications of this Ordinance.
ECTION 12. That all Ordinances or parts of Ordinances, Resolutions or parts thereof
'n conflict herewith, be and the same are hereby repealed to the extent of such conflict.
ECTION 13. It is the intention of the City Commission of the City of Boynton Beach,
hat the provisions of this Ordinance shall become and made a part of the Code of Ordinances of
he City of Boynton Beach, Florida, and that the Sections of this Ordinance may be renwnbered,
e-Iettered and the word "Ordinance" may be changed to "Section," "Article" or other word or
hrase in order to accomplish such intention.
SECTION 14.
adoption,
This Ordinance shall become effective immediately upon its passage and
FIRST READING this day of
,2003.
, I
,
i,
~ I
i!
Ii
I I SIC A IOrdmancesldrafl ordmancelElhlcs Commlsslon,doc
I 10
SECOND, FINAL READING AND PASSAGE this _ day of
003.
TTEST:
ity Clerk
I,
: \
IS,\CA \Ordinances\draft ordinancelElhlCS CommIssion doc
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
11
CODE OF ETHICS
1
2 ORDINANCE NO. 03-
3
4
5 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
6 CREATING A NEW SECTION 2-10, "CODE OF ETHICS" WITHIN
7 CHAPTER 2, " ADMINISTRATION," OF THE CODE OF
8 ORDINANCES; PROVIDING FOR A CODE OF ETHICS FOR PUBLIC
9 OFFICERS OF THE CITY; PROVIDING FOR CONFLICTS,
10 SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
11
12
13 WHEREAS, Chapter 112.311, et seq., Florida Statutes is known as the Code
14 f Ethics for public officers and employees, and was enacted because the public interest
15 equires that the public be protected from conflicts of interest and unethical conduct by
16 lected and appointed public officers; and
17
18 WHEREAS, the City Commission of the City of Boynton Beach, Florida,
19 esires to enact a Code of Ethics governing the City's public officen in the performance of
20 heir designated duties; and
21
22 WHEREAS, this City of Boynton Beach Code of Ethics is intended to apply
23 0 the day-to-day conduct of elected and appointed public officials of the City of Boynton
24 each; and
25
26 WHEREAS, this Code of Ethics will serve as a valuable reference guide for
27 11 those in whom the public has placed its trust; and
28
29 WHEREAS, the City Commission of the City of Boynton Beach has
30 etermined that the enactment of a City Code of Ethics is in the best interests of the citizens
31 f the City of Boynton Beach, protects the integrity of City government, fosters public
32 onfidence in the actions of the City, and will assist in ensuring that the City's elected and
33 ppointed officials abide by the highest ethical standards; and
34
35 NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
36 oynton Beach, Florida, as follows:
37
38 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
39 eing true and correct and are hereby made a specific part of this Ordinance upon adoption
40 ereof.
41
42 ,SECTION 2. Chapter 2 of the City of Boynton Beach Code of Ordinances, entitled
43 r'Administration" shall be amended to create Section 2-10 and shall read as follows:
44 . I
45
46
, i
II
I
. i
I
r "A 'O"m,"'~"'''" "'m'.""'''" Cod, of E.".....,~
CODE OF ETHICS
I
2
3
4
5
6
ec.2-10
CODE OF ETHICS.
Short title.
: I
This Section shall be known and cited as the "City of Bovnton Beach Code of
Ethics for Public Officers."
7
8
9
10
1 1
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
A. Intent and purpose.
The purpose of this article is to strengthen the Quality of representative
government through ethical principles governing the conduct of the city's elected and
appointed officials. It is important to assure that. that the policies and decisions made
by public officers are made through established processes of government, that public
officers do not utilize public office for private or personal benefit. that public officers
avoid action which creates the appearance of impropriety. and that the public have
confidence in the integrity of city government and the city's public officers.
B. Definitions. References in this article to the Florida Statutes shall be
interpreted as meaning Florida Statutes as amended from time to time.
Business entity shall have the meaning ascribed in Section 112.312(5). Florida
Statutes.
Candidate shall have the meaning ascribed in Section 112.312(6), Florida
Statutes.
Conflict or conflict of interest shall have the meaning ascribed in Section
112.312(8). Florida Statutes.
Gift shall have the meaning ascribed in Section 112.312(12), Florida Statutes.
Public officer shall have the meaning ascribed in Section 112.313(1), Florida
Statutes.
Relative shall have the meanmg ascribed m Section 112.312(21), Florida
Statutes.
C. Acknowledement.
I'
All public officers of the city and candidates for city elective office, upon
appointment, election, or qualifying. are strongly encouraged to submit a signed
statement to be provided by the City Clerk acknowledging that they have received.
read. understand, and agree to be bound by the City of Bovnton Beach Code of Ethics
for Public Officers.
2
:ICA IOrdmancesldrafl ordinancelDraft Code of Ethics.BB.doc
2
3
4
5
6
7
8
9
10
11
12
13
14
15
1,6
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
CODE OF ETHICS
, ,
,
Dn Applicability of Chapter 112. Florida Statutes.
Nothing in the City of Boynton Beach Code of Ethics for Public Officers shall
be interpreted or construed as conflicting with Section 112.311 et seq., Florida
Statutes, which is also applicable to public officers of the city. This article is
intended to supplement state law provisions governing ethics in government.
E. Standards of con dueL
In furtherance of the public trust assumed by public officers of the city upon
their election or appointment to public office or employment. the following standards
of conduct shall be applicable to public officers of the city:
(a) Core Values. Each public officer pledges his or her commitment to
the Core Values of the City of Boynton Beach, as follows:
(1) Leadership bv example. A public officer will display leadership by:
A. Subscribing to the City of Boynton Beach Code of Ethics for
Public Officers: and
B. Promoting a sense of community, community values. and
community spirit and by embracing diversity within the
community, while focusing on the importance and values of
family; and
C. Practicing a "can do" attitude rather than an attitude of
negativity; and
D. Developing vision 0 r focus 0 n t he future, and su pporting the
achievement of vision; and
E. Being responsive; and
F. Having fun and enjoying one's role as a public officer of the
city: and
G. Recognizing and fostering leadership throughout the city
government and the residential and business communities of
the city; and
H. Balancing statesmanship and political and professional goals;
and
I. Maintaining a positive image, while working towards the best
interests of the city and its citizens.
(2) Empowerment (mindset/orientation) attitude. A public officer will
display an empowerment attitude by:
A. Encouraging citizens to be active, responsible partners in city
government that function with public officers of the city to
achieve a shared vision; and
. ,
I:
I I 3
: r '" A '0"" .,.m "'~ft 0"".'."'["'. Cod, of E 'h",.. .,~
I
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
CODE OF ETHICS
B. Empowering city administration to continuously improve the
quality of and the services provided by city government; and
C. Encouraging entrepreneurship by governing the city as a
successful, ethical business model: and
D. Maximizing revenue while minimizing tax burdens on citizens.
(3) Customer focus and involvement (vo/unteerism/action). A public
officer w ill encourage and promote customer focus and involvement
Qr
A. Encouraging citizens and residents to be involved in
government and bridging the gap between city government and
community: and
B. Promoting specific avenues by which citizen input is gathered
and information is disseminated by the city: and
C. Encouraging citizen involvement in decision-making: and
D. Supporting data-based decision-making.
(4) Continuous improvement. A public officer will work towards
continuous improvement through:
A. Self-improvement through education, personal growth. and
personal learning: and
B. Supporting process improvement in city systems and key
process improvements through knowledge-based decision-
making: and
C. Supporting and encouraging personal wellness and professional
development throughout city government: and
D. Supporting innovation through technology: and
E. Promoting effective use of customer feedback to improve
quality of government and the providing of government
servIces.
(b) Each public officer shall be dedicated to the concepts of effective and
democratic local government, respecting the principals and spirit of representative
democracy. and setting a positive example of g:ood citizenship by scrupulously
observing the letter and spirit of applicable laws, rules. and regulations.
(c) Each public officer shall pledge himself or herself to affirm the dignity
and worth of the services rendered by city government and to maintain a constructive,
creative, and practical attitude towards urban affairs incorporatmg a deep sense of
social responsibility as a public servant.
I
! i
(d) Each public officer shall be dedicated to the highest ideals of honor
and integrity in all public and personal relationshit>s and shall conduct themselves in a
manner which maintains and promotes public confidence in city government.
4
Ie AIOrdmances\draft ordmance\Drafl Code of Elhics-BB.doc
CODE OF ETHICS
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
(e) Each public officer shall recognize that the main function of local
government. at all times, is to serve and promote the best interests of the public.
(0 Each public officer pledges to support and Carry out public policy in
furtherance of the Mission Statement of the city. including but not limited to.
subscribing to and supporting the Strategic Plan and the Business Plan of the city.
To the extent that the city commission has created a priority area for
individual members of the city commission. then. in that event. those members of the
city commission not assigned to a particular priority area shall respect the apportioned
assignment so long as the prioritization is maintained, as such. by the city
commission. In all respects. each member of the city commission pledges to the
respect priority areas of other members of the City Commission including the
exchange 0 f information. d isc10sure 0 fa ctivities. and the public furtherance 0 f t he
goals and obiectives of the designated area of priority.
(g) Each public officer pledges to keep the community informed on the
affairs of city government. emphasize and practice friendly and courteous service to
the public. and seek to improve the quality and image of public service.
(h) Each public officer pledges that he or she will not misuse the office or
position, will not particioate in debate on any matter which may come before the city
commission for decision and vvhich may benefit a family member. client. or business
acquaintance. and will not seek or accept any ~ersonal profit or gain. or unwarranted
favor or privilege for himself or herself. or any relative or other person.
(i) Each oublic officer pledges not to improperly influence or attempt to
influence other public officers.
(i) A public officer shall not engage in. solicit. negotiate for, or promise
to accept private employment or render services for private interests or conduct a
private business when such employment. service. or business creates a conflict with
the proper discharge of his or her official duties as a public officer.
(k) A public officer shall not invest or hold any investment. directly or
indirectly. in any financial business. commercial. or other private transaction that
creates a conflict with one's official duties as a public officer.
(}) Florida's Gift Law. as amended from time to time and as codified at
Section 112.3148. Florida Statutes. is hereby incorporated herein by reference. A
public officer shall not directly or indirectly solicit. accept. or receive any gift,
whether it be money. services. loan. travel. entertainment. hospitality. promise, or any
other form if: (1) it could be reasonablv inferred or expected that the gift was
intended to influence the oerformance of a public official's duties; or (2) the gift was
5
SIC A IOrdinancesldraft ordinance\Draft Code of Ethlcs-BB.doc
CODE OF ETHICS
I
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
intended to serve as an inducement for an Improper action or as a reward not
otherwise permitted under Florida law.
(m) Each public officer agrees to be honest. fair. and respectful to others in
performing his or her duties as a public officer and agrees to refrain from and avoid
conduct creating an appearance of impropriety or which is otherwise unbefitting a
public officer. including but not limited to making false accusations or personal
attacks against another public officer, or behaving in a rancorous or contentious
manner.
(n) A public officer shall not use the provisions of this Code of Ethics to
further frivolous claims against one another. Frivolous claims shall be those
forwarded with knowledge that the claim contains one or more false allegations or
those made with reckless disregard as to whether the complaint or claim contains
false allegations of fact material to a violation of this Code of Ethics.
(0) Each public officer pledges to uphold and adhere to the provisions of
the Charter of city.
(p) A public officer shall not knowingly violate any federal. state, or local
law. rule or regulation.
(q) Each public officer serving on the city commission or an advisory
board of the city. when appearing before any other governmental body or within the
contents of any written communication. pledges to inform the recipient of the oral or
written communication that the issue before such governmental body or in writing has
or has not been addressed officially by the city commission or the advisory board of
which he or she is a member: and further pledges to inform the recipient( s) of the oral
or written communication of any official position taken by the city commission or an
advisory board and indicate that his or her appearance or written correspondence is or
is not authorized by the city commission or an advisory board. When a member of the
city commission is representing the city commission before another governmental
body. said member of the city commission shall. at a minimum. update the other
members of the city commission and the city manager at the next scheduled city
commission meeting.
(r) A public officer shall not disclose confidential information acquired in
one's capacity a sap ublic 0 fficer too thers 0 ruse such confidential information to
further one's personal interests.
(s) No public officer shall undermine the duties. responsibilities, and role
of the city manager. as provided in the Charter and the Code of Ordinances and as
assigned by the city commission.
(t) Each public officer shall disclose all personal relationships in any
instance whether there could be a conflict of interest or an appearance of conflict.
6
SIC A 10rdinancesldral1 ordinance\Dral1 Code of Elhlcs-'3B,doc
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
I.
I I
i
!
CODE OF ETHICS
(u) Nothing herein shall be construed to apply to the solicitation or
acceotance of contributions to the campaign of an announced candidate for elective
city office. as governed by Chapter 106, Florida Statutes.
I
No public officer: however, shall be prohibited from gIvmg or
(v)
recelvmg:
: I
(1)
(2)
An award publicly presented in recognition of public service;
Commercially reasonable loans made in the ordinary course of a
lender's business: or
Reasonable entertainment. meals. or refreshments furnished in
connection with public events. appearances. or ceremonies related to
official duties or city government business.
I
i
i I
~ I
(3)
(w) No public officer shall be prohibited from making an inquiry for
information or providing assistance on behalf of a citizen or interested person if no
fee. reward. or other thing of value is promised to. given to. or accepted by the public
officer or a relative of a public officer. whether directly or indirectly, in return
therefor. However. no public officer shall "influence peddle" or use his or her
position as a public officer to gain favors or benefits inconsistent with city policy or
applicable law on behalf of any citizen or other person.
F. Orientation of elected officials.
(a) Newly elected members of the city commission shall. within
twelve (12) months of the administration of the oath of office. attend and
successfully complete the Institute for Elected Municipal Officials (lEMO)
or similar program deemed Qualified by the city commission.
(b) Newly elected members of the city commission shall receive
a structural orientation on city government from the city manager and the
city attorney within ten (10) business days of the administration of the oath
of office.
G. Retreats.
In furtherance of the goals and purposes of the City of Boynton
Beach Code of Ethics for Public Officers, on an annual basis, members of
the city commission shall attend at least one strategic planning retreat and at
least one commission retreat. as scheduled by the city commission in
consultation with the city manager. Attendees at these retreats shall be the
members of the city commission. the city manager. the city attorney, and
those public officers of the city whose attendance is deemed necessary by
the city manager.
7
. SIC AIOrdtnancesldrafl ordtnancelDrafl Code of Ethlcs-SS.doc
CODE OF ETHICS
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
H. Enforcement.
I
I
Violation of any of the provisions of this article may constitute grounds for
suspension or removal from office. pursuant to ap-plicable statutory and constitutional
procedures. Any advisory board member who violates any of the provisions of this
article may be removed from any and all boards pursuant to applicable statutes and
local ordinances. Any elected public officer that violates the City of Boynton Beach
Code of Ethics shall also be subiect to censure by a four-fifths vote of the city
commission.
SECTION 3. Severability. Should any section, provision, paragraph, sentence, clause
f word 0 f t his 0 rdinance 0 r portion hereof be held 0 r declared by a ny court 0 f competent
urisdiction to be unconstitutional 0 r invalid, in part 0 r a pplication, it shall be considered as
liminated and shall not a ffect the validity of the remaining portions or applications of this
dinance.
SECTION 4. Conflicts. T hat a II 0 rdinances 0 r parts 0 f Ordinances, Resolutions or
arts thereof in conflict herewith, be and the same are hereby repealed to the extent of such
onflict.
SECTION 5. Codification. It is the intention of the City Commission of the City of
oynton Beach, that the provisions of this Ordinance shall become and made a part of the Code
f Ordinances of the City of Boynton Beach, Florida, and that the Sections of this Ordinance
ay be renumbered, re-lettered and the word "Ordinance" may be changed to "Section,"
I Article" or other word or phrase in order to accomplish such intention.
SECTION 6. Effective Date. This Ordinance shall become effective immediately
pon its passage and adoption.
FIRST READING this _ day of
,2003.
31
I : SIC A IOrdinancesldrati ordinancelDrafl Code of Ethics-BB.doc
8
1
2
3
4
5
6
i
I
I
J003
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
~4
25
26
27
28
CODE OF ETHICS
SECOND, FINAL READING AND PASSAGE this _ day of
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
I
, ,
I
I
I
ity Clerk
I I 9
! $ICA\Ordinancesldrafl ordinancelDrafl Code of Elhlcs-BB.doc