Agenda 11-13-07
The City of
nt n Bea h
100 E. Boynton Beach Boulevard. (561) 742-6000
City Commission
REVISED AGENDA
NOVEMBER 13, 2007
Jerry Taylor
Mayor - At Large
Ron Weiland
Commissioner - District I
Jose Rodriguez
Vice Mayor
Mack McCray
Commissioner - District II
Carl McKoy
Commissioner - District IV
Kurt Bressner
City Manager
James Cherof
City Attorney
Janet M. Prainito
City Clerk
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GENERAL RULES & PROCEDURES FOR PUBUC 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 speak on an official agenda item under the section entitled "Public
Hearings."
. Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of
the Commission - 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
REVISED AGENDA
November 13, 2007
6:30 P.M.
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by
C. Pledge of Allegiance to the Flag led by Vice Mayor Rodriguez
CANVAS OF ELECTION RETURNS AND DECLARATION OF RESULTS OF ELECTION.
· Presentation of Service Plaques to Mayor and City Commissioners
· Administration of Oath of Office to Commissioner - District I/Remarks
. Administration of Oath of Office to Commissioner - District II/Remarks
· Administration of Oath of Office to Commissioner - District IV/Remarks
· Selection of Vice Mayor per Section 2-1.2 of City Code
· Administration of Oath of Office to Vice Mayor
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
II. OTHER:
A. Informational Items by Members of the City Commission
III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, & PRESENTATIONS:
A. Announcements:
1. The December 4, 2007 City Commission meeting has been rescheduled to
December 3, 2007 at 6:30 p.m., in the Chambers at City Hall in
observance of Hanukkah.
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Agenda
Regular City Commission Meeting
Boynton Beach, Florida
November 13, 2007
B. Community and Special Events:
None
C. Presentations:
1. Proclamations
None
2. Presentation by Victoria Williams, Consumer Outreach Coordinator, State
of Florida, Department of Financial Services, on the My Safe Florida Home
Program.
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. Accept the resignation of Lee Wische, a regular member of the Planning and
Development Board.
B. Appointments to be made:
Appointment
To Be Made Board
Mayor Taylor Bldg. Bd of Adj & Appeals
III Rodriguez Bldg. Bd of Adj & Appeals
IV McKoy Bldg. Bd of Adj & Appeals
IV McKoy Code Compliance Board
Mayor Taylor Code Compliance Board
III Rodriguez Community Relations Board
IV McKoy Community Relations Board
I Weiland Education & Youth Advisory Board
II McCray Education & Youth Advisory Board
III Rodriguez Education & Youth Advisory Board
IV McKoy Education & Youth Advisory Board
Mayor Taylor Education & Youth Advisory Board
IV McKoy Recreation & Parks Board
I Weiland Veterans Advisory Commission
II McCray Veterans Advisory Commission
2
Length of Term
Expiration Date
Reg 33 mo term to 12/09
Alt 9 mo term to 12/07 Tabled (3)
Alt 9 mo term to 12/07 Tabled (2)
Alt 9 mo term to 12/07
Alt 9 mo term to 12/07
Alt 9 mo term to 12/07
Alt 9 mo term to 12/07
Reg 21 mo term to 12/0lTabled (2)
Alt 9 mo term to 12/07
Alt 9 mo term to 12/07
Stu 9 mo term to 12/07
Stu N/V 9 mo term to 12/07
Alt 9 mo term to 12/07
Alt 9 mo term to 12/07
Alt 9 mo term to 12/07
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
November 13, 2007
VI. CONSENT AGENDA:
Matters in this section of the Agenda are proposed and recommended by the City Manager for
"Consent Agenda" approval of the action indicated in each item, with all of the accompanying
material to become a part of the Public Record and subject to staff comments.
A. Minutes:
1. Agenda Preview Minutes - October 12, 2007
2. Regular City Commission Minutes - October 16, 2007
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2007-2008 Adopted Budget.
1. Award the "TWO-YEAR BID FOR DUMPSTER REPAIRS", Bid #074-2510-
07/JA, to LAMONS WELDING AND DESIGN of Boynton Beach, Florida, for
an estimated two-year expenditure of $200,000.
2. Approve a "ONE YEAR CONTRACT FOR TENNIS INSTRUCTION AT THE
BOYNTON BEACH TENNIS CENTER" to Susan B. Goodman and Geoffrey
Cobb of Boynton Beach, Florida, RFP #002-2710-08/0D (Proposed
Resolution No. R07-129)
3. Award the "FURNISH AND INSTALL VARIOUS PARK ENTRYWAY SIGNS",
BID #077-2730-07/0D, to NW Sign Industries, Inc. of Moorestown, New
Jersey in the amount of $49,385.
4. Approve a lease agreement with ACME AUTO LEASING, LLC of North
Haven, CT, BID #076-2110-07/0D, with an estimated annual
expenditure of $27,300. (Proposed Resolution No. R07-130)
5. Approve a piggyback of General Services Administration Contract (GSA)
#GS-07F-9491G to purchase one (1) 4" Stationary Diesel Pump, Model
CDlOOM Critically Silenced Automatic Self-Priming Diesel Pumpset and
PrimeGuard Controller with Float Assembly, for the Tuscany Bay
Homeowners Association and the City of Boynton Beach for lift station
#927 located in Tuscany Bay, in the amount of $28,580.29, from Godwin
Pumps of America, Inc. of Bridgeport, New Jersey. The total of
$28,580.29 is to be shared 50% by the City and 50% by the Tuscany Bay
Homeowners Association.
C. Resolutions:
1. Proposed Resolution No. R07-131 Re: Amending
Rule # 18 of the Cemetery Rules & Regulations to include language that
will clarify the placement of markers on an adult grave at Boynton Beach
Memorial Park.
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Agenda
Regular City Commission Meeting
Boynton Beach, Florida
November 13, 2007
2. Proposed Resolution No. R07-132 Re: Approving and
authorizing the execution of Amendment No.2, Task Order No. U05-01,
Jordan, Jones & Goulding, Inc. (JJG) in an amount not to exceed $67,242
to provide construction administration, management, and field inspection
for an extended construction period at the West Water Treatment Plant
West WTP) Improvements, Phase IV.
3. Proposed Resolution No. R07-133 RE: Approving the
transfer of local maintenance responsibility of the Southeast 23rd Avenue
railroad grade crossing to Palm Beach County.
4. Proposed Resolution No. R07-134 RE: Approving and
authorizing execution of the 2nd Amendment of the Interlocal Agreement
between Palm Beach County and the City for funding of construction of
the replacement of the Wilson Center, extending the project completion
date to March 31, 2008.
D. Return cash bond of $32,696.40 to Stiles Construction Company for the project
known as the Children's Services Council.
E. Accept public status report on the results achieved by each program that
received funding from discretionary Community Investment Funds available to
each City Commissioner during the budget year.
F. Approve the naming of the Southeast Neighborhood Park to the "Betty Thomas
Neighborhood Park" and allow a brief public comment period prior to the final
vote.
G. Authorize the use of $500 for Galaxy Elementary School from Mayor Taylor's
Community Investment Funds.
H. Authorize the use of $500 for The Dancer's Alchemy from Mayor Taylor's
community Investment Funds.
VII. CODE COMPLIANCE & LEGAL SETTLEMENTS:
None
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
THE CITY COMMISSION WILL CONDUCT THESE PUBUC HEARINGS IN ITS DUAL CAPACITY AS LOCAL
PLANNING AGENCY AND CITY COMMISSION
A.
Project:
Agent:
Descri ption:
Makrista Baby (ADAP 07-002)
Michael S. Weiner, Weiner & Aronson, P.A.
Request for appeal of the administrative determination that the
subject use, Makrista Baby, is not similar to a tailor and
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Agenda
Regular City Commission Meeting
Boynton Beach, Florida
November 13, 2007
B.
Project:
Agent:
Owners:
Location:
Description:
c.
Project:
Agent:
Owners:
Location:
Description:
dressmaker, and therefore not an allowed use within the C-1
Office and Professional Commercial Zoning District. (Tabled to
November 13, 2007) (Applicant requests postponement to
November 20, 2007.)
2514 SW 12th Street (Brisson) (ZNCV 07-006)
Mark and HolIi Brisson
Mark and HolIi Brisson
2514 SW 12th Street
Request for relief from the Land Development Regulations,
Chapter 2. Zoning, Section 11. E. Swimming Pools, requiring a
minimum rear setback of 8 feet from the property line for the
construction of a swimming pool, to allow a rear setback of 2 feet;
a variance of 6 feet within the R-1-AA single-family residential
zoning district. (Tabled to November 13, 2007)
National Transmissions, Inc. (LUAR 07-004)
Carl A. Cascio, P.A.
Michael and Julia C. Dechants
502 NE 3rd Street
Request to amend the Comprehensive Plan Future Land Use Map
from General Commercial (GC) to Industrial (1); (1st Reading of
Proposed Ordinance No. 07-035) and
Request to rezone from C-4 General Commercial District to M-1
Industrial District (1st Reading of Proposed Ordinance No.
07-036)
IX. CITY MANAGER'S REPORT:
A. Overview of the City's practices and procedures regarding drinking water
disinfection.
X. FUTURE AGENDA ITEMS:
A. Discussion of disposition of Old High School - January 2008
B. Discuss possible funding of Board Recognition Dinner - December 2007
C. American Assembly Implementation Status Report - December 2007
XI. NEW BUSINESS:
A Discuss request by developer for annexation of balance of Gulfstream Gardens
parcel into the CRA. (Postponed at request of applicant to November 20,
2007)
Aaenda
5
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
November 13, 2007
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBLIC HEARING
None
B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING
1. Proposed Ordinance No. 07-033 RE: Amending the
City of Boynton Beach Code of Ordinances, Chapter 2.S, "Alarm Systems,"
to update the Code and for tracking false alarms.
2. Proposed Ordinance No. 07-034 RE: Amending
Chapter 26, "Water, Sewers and City Utilities", Amending Section 26-34,
"Capital Facilities Charges and Connection Charges", Paragraph (A),
"Capital Facilities Charge Imposed", to exempt outdoor restaurant seating
from the payment of water and sewer capital facilities charges.
C. Ordinances - 1st Reading
None
D. Resolutions:
None
E. Other:
None
XIII. UNFINISHED BUSINESS:
None.
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)
THE CITY SHALL FURNISH APPROPRIATE AUXIUARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDMDUAL WITH A DISABILITY AN
EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTlVITY 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.
REVISED AGENDA 11-8-07 11:00 a.m.
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6
~II.-ANNOUNCEMENTS & PRESENTATIONS
Item C.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlYl
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 2 I, 2007 August 6, 2007 (Noon.) 0 October 16, 2007 October 1,2007 (Noon
0 September 4, 2007 August 20, 2007 (Noon) [8J November 13,2007 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 3, 2007 November 19,2007 (Noon)
~ Ann 0 uncements/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
RECOMMENDA TION: Presentation by Victoria Williams, Consumer Outreach Coordinator for the State of Florida
Department of Financial Service on the "My Safe Florida Home Program".
EXPLANATION: To encourage all eligible Floridians to sign-up for a free wind inspection to learn if they might be
eligible to save money on their property insurance.
PROGRAM IMPACT: None
FISCAL IMPACT: (Include Account Number where funds will come from) None
ALTERNATIVES: Not accept presentation.
~~
City Manager's Signature
Assistant to City Manager ~
Department Name
City Attorney I Finance
S\8ULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
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v . ADMINISTRATIVE
ITEM A.
'r ? cA~ Cj' ~L~t: tjr /-r/?-f /.) ~f 5 0"/
r[~/(/lL !f~,S/~~r/A//d,,{/ P;1:'{J/l( TifF
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V. ADMINISTRATIVE
ITEM B.
APPLICANT ELIGIBLE FOR APPOINTMENT 11/13/07
NAME FIRST NAME 1st CHOICE 2nd CHOICE 3m CHOICE APPLICATION
SUBMITTED
Cwyna r William Planning & 02/28/07
Develooment Board
Fuller Darrel Veterans Advisory 9/27/07
Commission
Immer Judy Community Recreation & 9/24/07
Relations Bd Parks Bd.
* * * Leuchter Kurt Veterans Advisory 5/9/07
Commission
***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 11-13-07.doc
1
VI.-CONSENT AGENDA
ITEM 8.1
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
13
D September 4, 2007 August 20, 2007 (Noon) [8J NovembeY-; 2007
D September 18, 2007 September 3, 2007 (Noon) D November 20, 2007
D October 2, 2007 September 17, 2007 (Noon) D December 4,2007
Date Final Form Must be Turned
in to City Clerk's Office
October 1, 2007 (Noon
October 15, 2007 (Noon)
D AnnouncementslPresentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM [8J Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
~
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November 5, 2007 (Noo.n:)
--I
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November 19, 2007 (N~
-
o
RECOMMENDATION: A motion to award the "TWO-YEAR BID FOR DUMPSTER REPAIRS", Bid # 074-2510-
07/JA, to LAMONS WELDING AND DESIGN, of Boynton Beach, Florida for an estimated two-year expenditure of
$200,000.00.
CONTRACT PERIOD: November 07, 2007 to November 06, 2009.
EXPLANATION: On September 26, 2007, Procurement Services opened and tabulated four (4) bids. All bids were
reviewed by the Public Works Department and it was determined that Lamons Welding and Design, of Boynton
Beach, was the lowest, most responsive, most responsible bidder who meets all specifications for recommended award.
Larry Quinn, Solid Waste Manager, concurs with this recommendation (see attached memo#07-101).
PROGRAM IMP ACT: The purpose of this bid was for the City of Boynton Beach to seek a source to provide the
Public Works/Sanitation Department with a cost effective and timely service for the repair of the City's dumpsters for
a period of two (2) years. Services will be provided on an "AS NEEDED BASIS".
The provisions of this bid award will allow for a one (1) year extension at the same terms, conditions, and prices
subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of
the City.
FISCAL IMP ACT:
ACCOUNT
NUMBER:
431-2515-534-46-93
ESTIMATED TWO-YEAR
EXPENDITURE:
$200,000.00
200612007 ANNUAL EXPENDITURE
$152,000.00
AL TERN A TIVES: The only alternative to this bid would be not to repair the dumpsters and replace them, which
would not be in the best interest of the City.
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
~:Phu'
~j./} /.? .
/" /
'\.
City Manager's Signature
~~/-
Pro cur n e ices
Assistant to City Manager
Cfltl/
~
t
City Attorney / Finance
CC: Jeffrey Livergood - Public Works Director
Christine Roberts - Assistant Public Works Director
Larry Quinn - Solid Waste Manager
File
S\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM DOC
DEPARTMENT OF PUBLIC WORKS
MEMORANDUM NO. 07-101
FROM:
Bobby Jenkins (/;j '\ i
, !
, , ! [
Larry Quinn . 11 j /j
Solid Waste ManageL-Y'
October 1, 2007
TO:
DATE:
SUBJECT:
Bid #074-2510-07/JA - Dumpster Repairs
I reviewed the bid tabulation sheets for the dumpster repairs bid. It is my
recommendation to make the award to the lowest responsible bidder, Lamons
Welding and Design.
If you have any questions, please call me at ext. 6206.
Attachments
Copy: Janet Allen, Procurement Dept.
PW Files
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BIDDER ACKNOWLEDGEMENT
Submit Bids To:
PROCUREMENT SERVICES
100 E. Boynton Beach Boulevard
P.O, Box 310
Boynton Beach, Florida 33425-0310
Telephone: (561) 742-6322
Bid Title:
"TWO-YEAR BID FOR DUMPSTER REPAIRS"
Bid Number:
074-2510-07/JA
Bid Received By:
SEPTEMBER 26, 2007, NO LATER THAN 2:30 P.M. (LOCAL
TIME)
Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and
time is scheduled for: SEPTEMBER 26, 2007, no later than 2:30 P.M. (local time) and may
not be withdrawn within ninety (90) days after such date and time,
All awards made as a result of this bid shall conform to applicable sections of the charter and
codes of the City,
Name of Vendor: UuJ<yJ lanUM">
Federal LD, Number: d<~~i/fofc 7
A Corporation of the State of:
F!t;r, 'de;...
Area Code: s- to (
Telephone Number: c9. 6/- O'! 5.;t
Area Code:
FAX Number:
Mailing Address:
/ LfLf! I1W J hd 51-.
City/State/Zip: 'bofl7-f() I')
Vendor Mailing Date: 9 - t'l- t> 7
BcJ.
pl. 33 'f,JJ
~d~~
Authorized Signature
Name Typed
14
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL
PROPOSAL BLANK
BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA
To All Bidders:
Date: 9 -- dtf- ~ 1
,
The undersigned declares that he has carefully examined the specifications and is thoroughly
familiar with its provisions and with the quality, type and grade of service called for.
When submitting more than one bid proposal price for this service, indicate how many individual
and/or combination item(s) are to be tabulated and considered, Attach a separate proposal sheet for
each,
The estimated two-year expenditure for Dumpster Repairs is $200,000.00.
The vendor shall provide a flat rate price for a period of two (2) years on an "AS NEEDED BASIS"
for the replacement of dumpster bottoms, including preparing, priming, and painting; inspection
and repair of lid bar tabs; and all transportation associated with the repair, as per the specifications,
for the following size dumpsters:
2 Cubic Yard $ 9S-
3 Cubic Yard $ II S-
4 Cubic Yard $ lIPS
6 Cubic Yard $ ! 'lv
8 Cubic Yard $ d {c;5./
ADDITIONAL WORK (Work performed at Contractor's facility)
Additional work shall include miscellaneous repairs to dumpsters and/or roll-off containers on
an "AS NEEDED BASIS", Price quotes for additional work found to be necessary must be
approved in advance by the Solid Waste Manager, Larry Quinn, and quote shall include both
time and materials.
Additional Work
00
$ SO · /per hour
(Includes both time and materials)
15
THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
OPTIONAL BID
Cost to repair the dumpsters at the City of Boynton Beach facility located at the Rolling Green
Municipal Complex:
2 Cubic Yard $ qS-
3 Cubic Yard $ lIS-
4 Cubic Yard $ IU
6 Cubic Yard $ ICf?J
8 Cubic Yard $ !)b6
ADDITIONAL WORK (Work performed at City facility)
Additional work shall include miscellaneous repairs to dumpsters and/or roll-off containers on
an "AS NEEDED BASIS", Price quotes for additional work found to be necessary must be
approved in advance by the Solid Waste Manager, Larry Quinn, and quote shall include both
time and materials.
Additional Work
06
$ S- 0 ' /per hour
(Includes both time and materials)
ALL PRICES F.O.B. BOYNTON BEACH
Number of Bid Proposals Submitted
Specification "check-off' sheets (Pages 3-4)
Submitted
Yes/No
Customer List Submitted
Yes/No
16
THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
~/l~ weld~ 01-- ];es'l/}
COMPANYNA
I_~_~."-"/
SIGNA T
Ed WfU" J ~ ~.J
PRINTED NAME
(Stet) ~S1-()?S2..
TELEPHONE NUMBER
Ow/) e..f,
TITLE
17
THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPT ABLE
NONCOLLUSION AFFIDAVIT OF PRIME BIDDER
State of 4/ Or,' J4-
County of 9a..1 m ]; e a.cJ,
E cl w 0.. r- d J...evn QY) ..s
1) Heis [)Nne...'r of
(Title)
, being first duly sworn, deposes and says that:
Lama n s we.-ld~ ~ Des~71)
(Name of Corporation Firm)
the bidder that has submitted the attached bid:
2) He is fully informed respecting the preparation and contents of the attached bid and of all
pertinent circumstances respecting such bid;
3) Said bid is genuine and is not a collusive or sham bid;
4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affiant, has in any way colluded, conspired,
connived or agreed, directly or indirectly with any other bidder, firm or person to submit a
-collusive or sham bid in connection with the Contract for which the attached bid has been
submitted or to refrain from bidding in connection with such Contract, or has in any manner,
directly or indirectly, sought by agreement or collusion or communications or conference
with any other bidder, firm or person to fix the price or prices in the attached bid or of any
other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of
any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful
agreement any advantage against the (Local Public
Agency) or any person interested in the proposed Contract; and
5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of
its agents, representatives, owners, employees, or parties in interest, including this fiant.
7
/
"\lUIII,, Sh' 1
$~~~Y; ~~i'" 1r ey A, Owens
g,;l& ':~~ Commission #DD363987
~l~'",,";;"~E.xpires: ocr. 19, 2008
" DF f\.V"~'
.""".", WWW.AARONNoTARY.com
;:-----
(Title)
Subscribed and sworn to
This ~ day of
My commission expires
~
11 . 20 0 1
\ q 2008:
l
18
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
ANTI-KICKBACK AFFIDAVIT
STATE OF FLORIDA )
: SS
COUNTY OF PALM BEACH )
I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will
be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of
gift, directly or indirectly by me or any member of my firm or by an officer of the corporation.
eU~~
NAME - SIGNATURE
By:
Sworn and sub.cribed before ~
this . ~ I.,} -I-i. day of [.. /} ,20 D L
Printed Information:
Edu'Jf1rJ
NAME
7res ;de..n+
TITLE
LOJh.n (1 ..s
~t>^~
COMPANY
W {.lJ~ "c"; ~ Des; ,I)
l
I'"'''' Sh 0 I A 0
i:'f)~Y'~~?:'~ lr ey ,~, wens
~.!lA ~~ Fommi~5ion # DD363987
\~'=':'........;.,llExpLres: OCl'. 19, 2008
~i~DF f\.U'.oI'
"","'\'1'" W''''W,AARONNoTARY,com
"OFFICIAL NOTARY SEAL" STAMP
19
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
CONFIRMATION OF MINORITY OWNED BUSINESS
A requested form to be made a part of our files for future use and information. Please fill out and
indicate in the appropriate spaces provided which category best describes your company, Return
this form with your bid proposal sheet making it an official part of your bid response,
Is your company a Minority Owned Business? V--
Yes No
If Yes, please indicate by an "X" in the appropriate box:
) AMERICAN INDIAN
( ) ASIAN
(/..,) BLACK
( HISP ANIC
( ) WOMEN
OTHER
(specify)
( ) NOT APPLICABLE
Do you possess a Certification qualifying your business as a Minority Owned Business?
YES ~ NO
If YES, Name the Organization from which this certification was obtained and date:
Issuing Organization for Certification
Date of Certification
20
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL
CONFIRMATION OF DRUG-FREE WORKPLACE
IDENTICAL TIE BIDS
Preference shall be given to businesses with drug-free workplace programs. Whenever two or
more bids which are equal with respect to price, quality, and service are received by the City of
Boynton Beach or by any political subdivision for the procurement of commodities or contractual
services, a bid received from a business that certifies that it has implemented a drug-free
workplace program shall be given preference in the award process. Established procedures for
processing tie bids will be followed if none of the tied vendors have a drug-free workplace
program. In order to have a drug-free workplace program, a business shall:
1) Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for
drug abuse violations.
3) Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection (1).
4) In the statement specified in subsection (1), notify the employee that, as a condition of
working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or plea
of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance
law of the United States or any state, for a violation occurring in the workplace no later than
five (5) days after such conviction.
5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community by, any employee
who is so convicted.
6) Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with
the above requirements. ~,t(~~
Vendor's Signature
21
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM B.2
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Citv Clerk's Office Meeting Dates in to City Clerk's Office
0 August 2] , 2007 August 6, 2007 (Noon.) 0 October] 6, 2007 October], 2007 (Noon
0 ~ 13
September 4, 2007 August 20,2007 (Noon) Novemberj:'2007 October ]5,2007 (Noon)
0 September ]8,2007 September 3, 2007 (Noon) 0 November 20, 2007 November 5, 2007 (Noon)
0 October 2, 2007 September] 7,2007 (Noon) 0 December 4, 2007 November ]9,2007 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM ~ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfmished Business
0 Public Hearing 0
RECOMMENDATION: A motion to approve a resolution for a contract for a "ONE YEAR CONTRACT FOR
TENNIS INSTRUCTION AT THE BOYNTON BEACH TENNIS CENTER" to Susan B. Goodman and Geoffrey
Cobb of Boynton Beach, Florida, RFP#002-271 O-OS/CJD.
CONTRACT PERIOD: NOVEMBER S, 2007 TO NOVEMBER 7, 200S
EXPLANATION: On October 3, 2007, Procurement Services opened and tabulated one response to the RFQ "ONE
YEAR CONTRACT FOR TENNIS INSTRUCTION AT THE BOYNTON BEACH TENNIS CENTER"
RFQ# 002-2710-0S/CJD. The proposal from the sole Bidder: Susan B. Goodman and GeoffreyCobb were reviewed
by the Recreation/Parks Department. Wally Majors, Recreation Director recommends them as being responsive .-,
responsible bidders who meet all specifications and qualifications per memo #07-101. g ~~~
C> f._
PROGRAM IMP ACT: This consultant will be replacing the Tennis Pro position that was eliminated from t~007~ ~
200S budget and will be operating the Tennis Center. _ ;:;:; g
N ~':V -(
FISCAL IMP ACT: This is a revenue generated project. According to the proposal, the consultants will be ~in~~.
City 30% of all fees that are related to Tennis instruction, lessons, drills, clinics, tournament, and/or any othei"ten~2
instructional activities being organized by the proposer, net of any supplies of equipment that must be purch~d ai;:; co
part of that activity. - () S;
\D rr: (J
RENEWAL: The provisions of this bid award will allow for two (2) additional (1) one year periods at the same terms,--'-
conditions, and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in
the best interest of the City.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
C: Wally Majors - Recreation Director
Fi]e
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
AL TERNA TIVES: Do not use a contractual instructor(s) to provide instructional services at the Tennis Center
J
JLd~
City Manager's Signature
Assistant to City Manager ~
Procurement Services
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
C: Wally Majors - Recreation Director
File
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RESOLUTION NO. R 07-
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING AND AUTHORIZING THE
EXECUTION OF A CONTRACT (RFQ # 002-2710-
08/CJD) BETWEEN THE CITY OF BOYNTON
BEACH AND SUSAN B. GOODMAN AND
GEOFFREY COBB FOR A ONE YEAR CONTRACT
FOR TENNIS INSTRUCTION AT THE BOYNTON
BEACH TENNIS CENTER; AUTHORIZING THE
CITY MANAGER AND CITY CLERK TO ENTER
INTO THE CONTRACT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach issued a Request for Qualifications
(RFQ #002-27 1 0-08/CJD) for a One Year Contract for Tennis Instruction at the Boynton
Beach Tennis Center; and
WHEREAS, on October 3, 2007, Procurement Services opened and tabulated
one response to the RFQ. The proposaL from the sole bidder, Susan 13. Goodman and
Geoffrey Cobb was reviewed by the Recreation/Parks Department who recommends
them as being responsive responsible bidders who meet all specifications and
qualifications; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and
27 confirmed as being true and correct and are hereby made a specific part of this
28 Resolution upon adoption.
29
Section 2.
The City Commission of the City of Boynton Beach, Florida,
30 hereby approves the award of RFQ #002-27l0-08/CJD to Susan B. Goodman and
S:\CA\RESO\Agreements\Bid Awards\Award of RFQ - Tennis Pro.doc
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II
Geoffrey Cobb for a One Year Contract for Tennis Instruction at the Bovnton Beach
2 Tennis Center.
3 Section 3. The City Commission authorizes the City Manager and City Clerk to
4 execute a One-year Contract for Tem1is Instruction at the Boynton Beach Tennis Center
5 with Susan B. Goodman and Geoffrey Cobb, a copy of which is attached hereto as
6 Exhibit "A".
7
Section 4.
That this Resolution shall become effective immediately.
PASSED AND ADOPTED THIS _ day of November, 2007.
CITY OF BOYNTON BEACH. FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
ATTEST:
Commissioner
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
S:\CA\RESO\Agreements\Bid Awards\Award of RFQ . Tennis Pro.doc
ONE-YEAR CONTRACT FOR TENNIS INSTRUCTION
AT THE BOYNTON BEACH TENNIS CENTER
THIS AGREEMENT is entered into between the City of Boynton Beach, her~inafter referred to
as "the City", and Susan B. Goodman and Geoffrev Cobb. hereinafter referred to as "the
Tennis Instructor", in consideration of the mutual benefits, terms, and conditions hereinafter
specified.
1. PROJECT DESIGNATION. The Tennis Instructor is retained by the City to perform tennis
instruction and related activities in connection with the proj ect designated One-Year
Contract For Tennis Instruction at the Bovnton Beach Tennis Center.
2. SCOPE OF SERVICES. Tennis Instructor agrees to perform the services, identified in
Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and
supplies.
3. TERM OF AGREEMENT. Work under this contract shall commence upon the giving of
written notice by the City to the Tennis Instructor to proceed. This agreement shall be in force
for a period of one (1) year, unless sooner terminated as provided in Section 14, Termination.
This agreement shall be effective November 8. 2007.
4. Within seven calendar (7) days of the ratification of this agreement, the Tennis Instructor will
provide the Recreation & Parks Department a list of all tennis related services and activities
that will be rendered. This list can be modified as needed by mutual agreement between the
Tennis Professional and Recreation & Parks Director or his designee.
5. PAYMENT. The Tennis Instructor shall charge a fee for services rendered. 30% of the fee
(net of supplies, equipment) and the non-resident surcharge shall be retained by the City.
ALL FEES WILL BE COLLECTED BY THE CITY. The City shall remit the remaining
balance collected to the Tennis Professional on a bi-weekly basis.
6. COMPLIANCE WITH LAWS. The Tennis Instructor shall, in performing the services
contemplated by this service agreement, faithfully observe and comply with all federal, state
and local laws, ordinances and regulations that are applicable to the services to be rendered
under this agreement.
7. INDEMNIFICATION. The Tennis Instructor shall indemnify, defend and hold harmless the
City, its offices, agents and employees, from and against any and all claims, losses or
liability, or any portion thereof, including attorneys fees and costs, arising from injury or
death to persons, including injuries, sickness, disease or death to Tennis Professional's own
employees, or damage to property occasioned by a negligent act, omission or failure of the
Tennis Professional.
8. INSURANCE. The Tennis Instructor shall secure and maintain in force throughout the
duration of this contract comprehensive general liability insurance with a minimum coverage
of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000
1
per occulTence/aggregate for property damage, and professional liability insurance III the
amount ofS1,000,000.
9. Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Ce11ificates of coverage as required by this
section shall be delivered to the City within fifteen (15) days of execution of this agreement.
10. INDEPENDENT CONTRACTOR. The Tennis Instructor and the City agree that the TelIDis
Instructor is an independent contractor with respect to the services provided pursuant to this
agreement. Nothing in this agreement shall be considered to create the relationship of
employer and employee between the parties hereto. Neither the Tennis Instructor nor any
employee of the Tennis Instructor shall be entitled to any benefits accorded City employees by
vi11ue of the services provided under this agreement. The City shall not be responsible for
withholding or othel\vise deducting federal income tax or social security or for contributing to
the state industrial insurance program, otherwise assuming the duties of an employer with
respect to the Tennis Professional, or any employee of the Tennis Instructor.
11. COVENANT AGAINST CONTINGENT FEES, The Tennis Professional warrants that he has
not employed or retained any company or person, other than a bonafide employee working
solely for the Tennis Professional, to solicit or secure this agreement, and that he has not paid
or agreed to pay any company or person, other than a bonafide employee working solely for the
Temlis Professional, any fee, commission, percentage, brokerage fee, gifts, or any other
consideration contingent upon or resulting from the award or making of this agreement.
For breach or violation of this warranty, the City shall have the right to annul this contract
without liability or, in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift. or
contingent fee.
12. DISCRIMINATION PROHIBITED. THE TENNIS PROFESSIONAL, WITH
REGARD TO THE WORK PERFORMED UNDERTHIS AGREEMENT, WILL NOT
DISCRIMINATE ON THE GROUNDS OF RACE, COLOR, NATIONAL ORIGIN,
RELIGION, CREED, AGE, SEX OR THE PRESENCE OF ANY PHYSICAL OR
SENSORY HANDICAP IN THE SELECTION AND RETENTION OF EMPLOYEES
OR PROCUREMENT OF MATERIALS OR SUPPLIES.
13. ASSIGNMENT. The Tennis Professional shall not sublet or assign anv of the servIces
covered by this agreement without the express written consent of the City.
14. NON-WAIVER. WAIVER BY THE CITY OF ANY PROVISION OF THIS
AGREEMENT OR ANY TIME LIMITATION PROVIDED FOR IN THIS
AGREEMENT SHALL NOT CONSTITUTE A WAIVER OF ANY OTHER
PROVISION.
2
15. TERMINATION
a. The City reserves the right to terminate this agreement at any time by giving thirty (30)
days written notice to the Tennis Profession.
b. This agreement may be terminated immediately for default.
c. This agreement may, at the option of the City, be terminated immediately if the
Tennis Professional shall become insolvent or bankrupt, make an assignment for the
benefit of creditors or be convicted of a crime or any other similar gross misconduct.
16. RENEWAL. The contract has an option to renew for two (2) additional one (1) year
periods subject the Tennis Professional acceptance, satisfactory performance and determination
that renewal will be in the best interest of the City.
17. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the courts of Florida. Further, this agreement shall be construed under
Florida Law.
18. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Attn: Wally Majors, Recreation Director
Notices to Tennis Professional shall be sent to the following address:
Susan B. Goodman
Geoffrey Cobb
3940 Maiestic Pqlm Way
Delray Beach, FL 33445
19. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Tennis Instructor and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Tennis
Instructor.
3
DATED this
day of
CITY OF BOYNTON BEACH
City Manager
Attest/Authenticated:
City Clerk
Approved as to Fonn:
Office of the City Attorney
,20
Tennis Instructor
Title
(Corporate Seal)
Attest/Authenticated:
Secretary
4
EXHIBIT "A"
Tennis Instructor
1. Shall submit a written list of all classes, clinics, and tennis related activities that will be
offered.
2. Shall have exclusive right to offer tennis instruction at the Boynton Beach Tennis Center.
3. City shall have the final approval on what activities are offered. Approval will not be
unreasonably withheld.
4. The Tennis Instructor must be a member of the United States Tennis Association (USTA), and
must be a certified as a United States Professional Tennis Association (USPTA) Professional
1 or Master Professional level. If the Tennis Instructor uses any instructional assistants, they
must be certified at minimum level of USPT A Professional 1. At least 50% of instructional
services must be personally administered by the Tennis Instructor.
EQuipment
The tennis instructor will use all his/her own equipment that is approved by the appropriate
governing agency. Equipment may include, but is not limited to stringing machine, serving
machine, audio visual equipment.
Si2na2e/ Advertisin2
No signs, advertising materials, posters, and other such material may be used by the tennis
instructor without permission from the Recreation & Parks Director or his designee.
Assistant Instructor(s)
1. The Tennis Instructor will provide, supervise, and compensate all assistant instructors if
needed. Assistant instructors will be employees of the Tennis Instructor, not the City. The
Tennis Instructor shall at all times be an independent contractor and the agreement shall not in
any way create or form a partnership or joint venture with the City. No agent, servant, or
employee of the Tennis Instructor shall under any circumstances be deemed an agent, servant,
or employee of the City.
2. Tennis Instructor shall provide a list of assistant instructors to the city and provide proof that
they have undergone a background check with the State of Florida Department of Law
Enforcement and the results of the background check for each who will be working at the
Tennis Center. The City shall retain the right to prohibit an employee from working at the
TelIDis Center based on the results of the background check.
3. The Tennis Instructor shall employ only competent personnel to perform tennis servIces.
Assistant instructor(s) must be certified at minimum level ofUSPTA Professional 1.
5
4, In the event that City, in its sole discretion, at any time during the term ofthlS contract, desJrcs
the removal of any person or persons employed by the Tennis Instructor to perform tenms
services pursuant to this agreement, the Tennis Instructor shall remove any such person
immediately upon receiving notice from the City of the desire of the City for the removal of
such person or persons.
Miscellaneous
1. Consumption of alcoholic beverages, smoking, and use of any tobacco products is prohibited
anywhere within the Te1111is Center grounds.
') Tennis Instructor and any assistant staff shall be at all times neatly and cleanly dressed.
6
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RECREATION & PARKS DEPARTMENT
MEMORANDUM NO. 07-101
r !E: tl ,,. - n
: <:,:,~",~!~~;;'-, ~'. \"t' t.. I):.
Gel 0 2007
FROM:
Carol Doppler, Senior Buyer
Wally Majors, Recreation & Parks Director ~
() ~.:, ()~ ~~~~~2'~ r"~...~X~ ~/~GES
,~",~'<Jl '.:.t ,A I~ ~ "-O~
TO:
DATE: October 4, 2007
SUBJECT: ONE YEAR CONTRACT FOR TENNIS INSTRUCTION
(RFP# 075-2710-07/CJD
We recommend awarding the bid for ONE YEAR CONTRACT FOR TENNIS
INSTRUCTION AT THE BOYNTON BEACH TENNIS CENTER to Susan
Goodman and Geoffrey Cobb. We respectfully request that you prepare the Agenda Item
Request Form requesting a resolution for contract execution between the City and Ms.
Goodman and Mr. Cobb.
Please note that this bid will not require any expenditure from the Department. The
Department will receive a percentage of the revenue earned by the people who, based on
City Commission approval, will be awarded the bid. Consequently, account number and
budgeted amount are not applicable.
Alternative: Do not use a contractual instructor(s) to provide instructional services at the
Tennis Center. -
/wm
VI.-CONsENT AGENDA
ITEM B.3
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 City Clerk's Office Meeting Dates in to City Clerk's Office
0 August 2], 2007 August 6,2007 (Noon.) 0 October] 6, 2007 October 1,2007 (Noon
0 ~ I~
September 4, 2007 August 20, 2007 (Noon) November/;' 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] 7,2007 (Noon) 0 December 4, 2007 November] 9,2007 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM ~ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfmished Business
0 Public Hearing 0
RECOMMENDATION: A motion to award the "FURNISH AND INSTALL VARIOUS PARK ENTRYWAY
SIGNS", BID#077-2730-07/CJD, to NW Sign Industries, Inc. of Moorestown, New Jersey in the amount of:
$49,385.00.
EXPLANATION: On September 26, 2007, two (2) proposals were opened in Procurement Services. All proposals
were reviewed and it was determined that NW Sign Industries, Inc. of Moorestown, New Jersey was the lowest most
responsive, responsible bidder who met all specifications. It has been determined that NW Sign Industries has an
office in Orlando, Florida. Jody Rivers, Parks Superintendent concurs with this recommendation (see attached memo
#07-103).
PROGRAM IMPACT: The purpose of this bid was to seek a vendor that can furnish and install various park signs at
various locations.
FISCAL IMP ACT: ACCOUNT#
302-4299-580-63-06
EXPENDITURE:
$49,385.00
ALTERNATIVES: Not to construct the signs at each entry way of the dejated parks.
f:(cd,~ )~-
Dep en e 's Slgnatur CIty Manager's SIgnature
Assistant to City Manager ~
~ ~c;ty Attorney I Finance
Procurement Services
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C: lady Rivers - Parks Superintendent
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RECREA TION & PARKS DEPARTMENT
MEMORANDUM NO. 07-103
DATE:
Carol Doppler, Senior Buyer
Jody River. s, Parks Superintendent ~J
October 5.2007 U .
~...
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~~l,
TO:
FROM:
" 'J..."\}1
C\r~. \' ,..,\1
'~--=?
=----""'
SUBJECT:
Award Memo - NW Sign Industries
We have reviewed the two (2) bids received for the park entry signs and have spoken with the low bidder to
assure complete understanding of the job. We recommend NW Sign Industries be given the award in the
amount of $49,385. The account number is 302-4299-580-63-06 CP 0633. There is currently $90.000 in the
budget.
If you need anything else, please let me know. Thank you.
JR/
The alternative is not to construct the signs.
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u~u
BIDDER ACKNOWLEDGEMENT
Submit Bids To:
PROCUREMENT SERVICES
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
Telephone: (561) 742-6323
Broadcast Date (City):
SEPTEMBER 5,2007
Bid Title:
FURNISH AND INSTALL VARIOUS PARKENTRYWAY SIGNS
Bid Number:
077-2731-07/CJD
Bid Received By:
TIME)
SEPTEMBER 26, 2007, NO LATER THAN 10:00 A.M. (LOCAL
Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and
time is scheduled for: SEPTEMBER 26,2007, no later than 10:00 A.M. (local time) and may
not be withdrawn within ninety (90) days after such date and time.
All awards made as a result of this bid shall conform to applicable sections of the charter and
codes of the City.
Name of Vendor:
NW Sign Industries, Inc.
Federal I.D. Number:
20-3579368
A Corporation of the State of:
Delaware
Area Code: 757
Telephone Number: 432 - 0 2 2 3
Area Code: 757
FAX Number: 204 - 4 4 4 3
Mailing Address: 360 Crider Avenue
City/State/Zip: Moorestown, NJ 08057
Vendor Mailing Date: 9 / 25/ 2007
/JIZ~ j//ti~
Authorized Signature
Mark Whitlow
Name Typed
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL
]5
SPECIFICATIONS
FOR
"FURNISH AND INSTALL VARIOUS PARK ENTRYW A Y SIGNS"
Please place an (x) on the blank line next to each item if a specification is met If
exception is taken (alternatives), bidder must explain using a separate sheet of paper.
Bidder must submit specifications "check-off' sheets with the proposal sheet in order for
a bid to be considered.
x Furnish & Install eight (8) single face and two (2) double face, free standing,
monument signs 2' x 6' x 8' x 12').
x Sign to be aluminum over aluminum, angle frame construction with stucco finish
x Logo to be ~" plate aluminum with vinyl "City" logo (provided by City). See
attached design layout
x The display is to be installed in accordance with structural specifications to
withstand wind loads as required by building regulations governing said
installations,
X Letters to be aluminum coated with a primer and painted bronze in color
x Prime Coat and paint to be acrylic polyurethane
x Permit cost should not be included
# Sides First Line Second Line Address
Number
Double Recreation and Parks Department Art Center 125
Double Recreation and Parks Department Pence Park 600
Single Recreation and Parks Department Laurel Hills Park 515
Single Recreation and Parks Department Galaxy Park 301
Single Recreation and Parks Department Pioneer Canal Park 848
Single Recreation and Parks Department Forest Hills Park 2500
Single Recreation and Parks Department Boat Club Park 2010
Single Recreation and Parks Department Mangrove Park 700
Single Recreation and Parks Department Hibiscus Park TBD
Single Recreation and Parks Department Palmetto Green Park 421
and Greenway
3
PROPOSAL BLANK
BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA
To All Bidders:
Date: 9 / 2 5 / 2 0 07
The undersigned declares that he has carefully examined the specifications and is thoroughly
familiar with its provisions and with the quality, type and grade of product called for.
When submitting more than one bid proposal price for this product and/or service, indicate how
many individual and/or combination item(s) are to be tabulated and considered. Attach a separate
proposal sheet for each.
The undersigned proposes to deliver the product/service in accordance with the specifications for
the sum of for : FURNISH AND INSTALL VARIOUS PARK ENTRYW A Y SIGNS:
LOCATION ADDRESS # PROPOSED
PRICE
ART CENTER 125 $5,735.38
PENCE PARK 600 $5,735.38
LAUREL IDLLS PARK 515 $4,739.28
GALAXY PARK 301 ~ $4,7J9.2S
--
PIONEER CANAL PARK 848 $4,739.28
FOREST IDLLS PARK 2500 $4 , 7 3 9 . 2 8
BOAT CLUB PARK 2010 $4 , 7 3 9 . 2 8
--
MANGROVE PARK 700 $4 , 7 3 9 . 2 8
HIBISCUS PARK TBD $4,739.28 -~
PALMETTO GREEN PARK AND GREENWAY 421 $4,739.28
TOTAL PROPOSED PRICE: $49,385.00
It is further agreed that the signs will be delivered within ~ calendar days from the date of the
Purchase Order from the City.
Number of Bid Proposal prices submitted All
Specification "check-off' sheets (Page 1) submitted Yes
Yes/No
THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
16
NW Siqn Industries, Inc.
COMPANY NAME
A~ w;/df;E;
.
SIGNATURE
Mark Whitlow
PRINTED NAME
(757 ) 432-0223
TELEPHONE NUMBER
VPjDirector Architectural Sales
TITLE
E-MAIL ADDRESS:mwhitlow@nwsignindustries.com
THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
17
ANTI-KICKBACK AFFIDAVIT
STATE OF FLORIDA
)
SS
COUNTY OF PALM BEACH )
I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will
be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of
gift, directly or indirectly by me or any member of my firm or by an officer of the corporation.
By: <.:.;t/f jJ jrE;:;
NAME - SIGNATURE
Sworn and subscribed before me
this :J. J.f day of September
,20 07
Printed Information:
Mark Whitlow
NAME
VPjDirector Architectural Sales
TITLE
JJrdft. . ~ ~
ri 4~(/1) rf). 0)
NOTARY PUBLIC, State 0 ~ltlridlT
at Large \\\\\\1111/''111/
,,\\ IA L ///1
"" ~,~......: /)/. 1/-,/
~ ~":"',,^'SS/O"...Q ~
~ q,,'t',"o'" ""l'+....Q ~
~ ./~ (i ~... <.P ~
:::: :~ COMMCllWoiEAl.1H "". :::
== ; OF VIRGINIA '" . ==
== COMMISSION =
;; 197959
Virginia
NW Sign Industries, Inc.
COMPANY
-
~ 0..0 0'" ~
"/ ....<1.J1.20' .... ~
~/< 4o~~y' ~U~\.\0 >,,~'"
"OFFIC~1<1(j)'ifMV'\gEAL" STAMP
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
] 8
CONFIRMATION OF MINORITY OWNED BUSINESS
A requested form to be made a part of our files for future use and information. Please fill out and
indicate in the appropriate spaces provided which category best describes your company. Return
this form with your bid proposal sheet making it an official part of your bid response.
Is your company a Minority Owned Business ?
Yes
x
No
If Yes, please indicate by an "X" in the appropriate box:
( ) AMERICAN INDIAN
( ) ASIAN
( ) BLACK
( ) HISPANIC
( ) WOMEN
( ) OTHER
(specify)
( x) NOT APPLICABLE
Do you possess a Certification qualifying your business as a Minority Owned Business?
YES
NO X
If YES, Name the Organization from which this certification was obtained and date:
Issuing Organization for Certification
Date of Certification
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL
MOB -1
Revised 02122/05
19
- r[~_;:'"1 I, \'1;' :~ ? I" i:; 'J :...' S ~ ( _ _
" 9 r,
'-.1
P,ec.e i "ed I (1,5 200i 12: :.2
1@/15/2BB7 11:39
5r;.) 742!:I~nG
BOVNTON BCH FIHAHCE
Pi4(3E 82
CONFIRMATION OF DRUG-FREE WO:R.lQ>LACE
Preference shall be given to businesses with drug-free workplace progralUS. Whenever two or
more bids which aJ;C equa.l with respel;t to price, qualityl and service an: ,teceivf;Jd by the City Q(
Boynton Beach or by nny political subdivision for the procUl'exneo.t of commodities or contractual ,
services, a bid received from n business that certifies that it bas implemc~tcd a dnlg-frec
workplace prugrant shall be given prcfQ'tence in the award procesB_ Established proceduro:l for
processing tie bids will be followed if D,01J,c of the tied veudors have a dJ:ug-free wOJ:kplaee
program.. In order to have a drug-free woc:kplace progr'.utl, a. bU.'$iness shall:
1) Publish a statement notifYing employees tbat the unlawful manufactw'e, distribution,
dispensing, possession, or use of II oontrolled substance is prohibited in the workplace aDd
spt::cifYing the actions that will bo taken 3gainst ~mplo}ees for violations of such prohibiti.,n.
2) Worm employees about the daneer!l ofMlg l\buse in the woxkpw;e, the business's policy of
maintaining a drug-free workplace, ~y available drug counseling, :rehabilitation, and
I:ml'loyee assistance programs, and the penalties that rnay be imposed upon l:mployccs for
drug obl1so violations.
3) Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement 8pl':cified in ::.-ubsection (1).
4) In the statement spe;ified in subsection (I), notify the cmploYl:lc tbat., as ll. conditiQu of
wQ.dci.ug on the commodities or contractual scrvicestbat are under bid, the employee will
abide by the tenus of the statcme.nt 3JjQ wiU notifY the employer of any conviction of. or plea
of guilty or nolo contendere to, RJ1Y violation of ~hapter 893 Qr of ml)' contrOlled :mbSfAntC
lllW of the: United States or any state, for a violation occulling in the workplace no latex' tbau
five (5) days afler sucb conviction.
5) lmpQse a. suncUon on, or requite the Satisfactory particjpation in adnig abuse assistance or
rehabilitation program if such is avo.ilnblc in the croplo:ree'~ community by, any employee
who is 50 convicted.
6) Make A 8(Jod faith effort to continue to maintain a drug-free worl.-place through
impl=mentatiou Qf thi:> ~ection.
All the persoD Hlltburuvd to sign the statement, I certify tbat tbls firm complies fl.U)' 'with
the above requirements. .
/I!~u~
Vendor's Signature
nus ~ ACJt '(0 BE SU.8l'>IITTED ALONG WI'CH l"RQI'OSAL 1N OR..DER
FORPACKAGETOB~CON~~aE>>COMPLF.TEANO~CCEPTABLE
20
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VI.-CONsENT AGENDA
ITEM B.4.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 August 2], 2007 August 6, 2007 (Noon.) 0 October] 6, 2007 October 1,2007 (Noon
0 ~ 13
September 4, 2007 August 20,2007 (Noon) November;Yo 2007 October ]5,2007 (Noon)
0 September] 8, 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] 9,2007 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM ~ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: A motion to approve a resolution for a lease agreement with ACME AUTO LEASING, LLC
of North Haven, CT BID#076-2110-07/CJD with an estimated annual expenditure of: $27,300.00.
CONTRACT PERIOD: NOVEMBER 8,2007 TO NOVEMBER 7, 2008
EXPLANATION: On September 20,2007, Procurement Services received and opened two (2) bids for the "LEASING
OF FIVE (5) NEW AND UNUSED VEHICLES". After review of the two (2) proposals, it has been determined that
ACME AUTO LEASING, LLC is the most responsive, responsible bidder who meets all specifications. Major Wendy
Unger, Support Services of the Police Department concurs with this recommendation (see attached memo)
The provisions of this bid award will allow for two (2) additional one (1) year period extensions at the same terms, conditions,
and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of
the City.
PROGRAM IMP ACT: The purpose of this bid was to seek prices from vendors to provide a lease program including but
not limited to special requirements, for five (5) new vehicles for undercover operations in the Police Department.
FISCAL IMPACT: ACCOUNT#:
001-2110-521-44-40
ANNUAL EXPENDITURE:
$27,300.00
S:\BULLETIN\FORMS\AGENDA ]TEM REQUEST FORM.DOC
C: Major Wendy Unger - Police Department
File
'j \J \.. \)
S\\: .-
\\~ ,\) ".
~ .~ 'f\ ..~J\ ""'"" \ \,;
n.,. ......<'...~ \'" \'"\ i';'"
~ \,.. ..' -" , '.
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.....f\\ \~ \(",\,'r~,..
::;J~\;. \\V'
~'J~ :>
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
AL TERNATIVES: Support Services initiatives dictate the necessity to utilize undercover vehicles for covert purposes.
There is no alternative for the reliability of, and the ability to utilize leased vehicles for undercover operations.
Last Year's Expenditure: $33,754.00
)
I
/
~~-lL
Depa t ea1Signature
I
~
!/"/;J~.
City Manager's Signature
Procurement Services
Assistant to City Manager Ci1rl-/
~ity Attorney I Finan"
'--" / .
S:\BULLETIN\FORMS\i\GENDA ITEM REQUEST FORM.DOC
C: Major Wendy Unger - Police Department
File
1 RESOLUTION NO. R 07-
2
3 A RESOLUTION OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 APPROVING THE AWARD OF A ONE YEAR LEASE
6 (BID NO. 076-2110-07/CJD) FOR FIVE NEW AND
7 UNUSED VEHICLES TO ACME AUTO LEASING,
8 LLC., OF NORTH HAVEN, CONNECTICUT IN THE
9 ESTIMATED ANNUAL EXPENDITURE OF
10 $27,300.00; AUTHORIZING THE CITY MANAGER
11 AND CITY CLERK TO EXECUTE SAID
12 CONTRACT; AND PROVIDING AN EFFECTIVE
13 DATE.
14
15 WHEREAS, On September 20, 2007, Procurement Services received and opened
16 two (2) bids for the lease of five (5) new and unused vehicles; and
17 WHEREAS, it was determined that Acme Auto Leasing, LLC., of North Haven,
18 Connecticut was the lowest, most responsive responsible bidder who met and exceeded all
19 specifications.
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
21 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
22
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed
23 as being true and correct and are hereby made a specific part of this Resolution upon
24 adoption.
25
Section 2.
The City Commission of the City of Boynton Beach, Florida,
26 hereby approves the award of a one (1) year lease of five (5) new and unused vehicles for
27 use in undercover operations in the Police Department in the estimated annual expenditure
28 of $27,300.00, subject to budget appropriations, and authorizes the City Manager and City
29 Clerk to execute a Lease Agreement between the parties, a copy of which is attached
30 hereto as Exhibit "A".
S:\CA\RESO\Agreements\Bid Awards\Bid Award - ACME Auto Five vehicles - 2007.doc
1
2
3
Section 3.
That this Resolution shall become effective immediately.
PASSED AND ADOPTED THIS _~ day of November, 2007.
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18 ATTEST:
19
20 I
21
22 I,
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
23
24
25
26
27
28
29
30
31
32
33
Janet M. Prainito, CMC
City Clerk
I
I(corporate Seal)
I
I
:\CA\RESO\'l.greements\Bid Awards\Bid Award. ACME Auto Five vehicles - 2007.doc
2
):
Bobby Jenkins, DATE:
Assistant Finance Director
Major Wendy @. ~;~~~CES:
Support Servic 7'1' .::-
ENCLOSURES:
October 9, 2007
~
CITY OF BOYNTON BEACH, FLORIDA
INTER-OFFICE MEMORANDUM
FROM:
Leasing of 5 Vehicles
Acme Auto Leasing LLC
This is to notify you that Acme Auto Leasing LLC is awarded the vendor bid, regarding the above subject. We
have used this vendor in the past with satisfactory performance and service to the City of Boynton Beach
Police Department. (The leasing company has decreased the cost of its leases from our previous contract):
The contact information for the awarded vendor is as follows:
Acme Auto Leasing LLC
Att: Karrie Linn Velms
440 Washington A venue
North Haven CT 06473
Tel: 203-234-6850
Fax: 203-234-6858
The amount of the awarded bid: $27,300 (10/01/2007 - 09/30/2008).
. account number to be charged: 001-2110-521-44-40
Budgeted amount (estimated annual expenditure): $27,300
Alternative: Support Services initiatives dictate the necessity to utilize undercover vehicles for covert
purposes. There is no alternative for the reliability of, and the ability to utilize leased vehicles for undercover
operations.
Last year's expenditure: $33,754
Cc: Carol Doppler
Leasc Terms and Conditions continued
17. Lessee's lise of Ihe Vehicle
The Vehicle may' be operated only by the Lessee, members of Lessee's immediate faln;1y.
and authorized employees and agents. Every operator must be properly authorized awl
licensed to operate the Vehicle and must obey all laws, statutes and ordinances of a 11
gXlVcnnnelltal authorities applicable to the operation of the Vehicle. inclllding without
limitation those regarding use of alcohol and drugs. The Vehicle shall be garaged at the
Address of Lessee set lorth above unless Lessor agrees in writing to a different localiOll.
The Vehicle shall no! be used for any unlawful purpose. for any commercial activities
ntherth:m the Business IIse ofVelric1e, ifany. descrihed ahove. fm allY purpose which
causes insurance COVCnlge Oil the Vehicle tc' be suspended or cancelleu. or in exc('s!' nfits
rated capacity
l.essee agrees that Lessee sha\1'
(a) maintain the Vehicle in its original conuition as to appcarallce and mechanical
rerfOmlallCe, reasonable wear and tear excepted; make all necessary and required
repairs and purchase parts which shall accrue to the benefit. and hecome the
prorcrty 0f the Lessor; al1d pay all costs and expenses of whatever nature
resulting from the use and operolion of eaeh Vehicle, includmg but not limited tll.
e'lrenses for gasoline, oil. lubrication, antifreeze. adjustments, tunc. ups. repairs.
tires. slOrage, \),,'ashing. tools, tolls, fines, \Tallie violations. \OWillt! and servicing
of anv kind:
(11) pay \I.'hen due, and be liable for the pay1H('l1t of all sales. use, excise. personal
prorerty, ad valorem or other taxes, except Lessor's income taxes; all
as~essments. fees and charges payable with respccllo the ownership, pos~cssion.
rental, transportation or deli~ery of any Vehicle hereunder; and all expell~e~
resul1ing from the licensing. registration, inspection or othcr g-ovemmcl1tal
requiremcnts now or hereafter ex.isting and;
(el provide, maintain and at all times comply with the tenns of during this Lease at
l.essee's sole cost and expense and with a duly licensed insmer acceptable to the
Lessor. the following minimum insurance coverage for each Vehicle hereunder
(I) liability for bodily injury or death (each person) One Million Dollars
($1,000.000)
(2) Liability for bodily il~llll"\' or death (per accideno ()ne MilliOll Dollars
($] ,000,000):
(~) Liability for rmperty damage One Ilundred TholL',and Dollars ($100.000)
(4) Collision and upset for the actual cash value of the Vehide. sllbjecttn Fin'
HUlldred Dollars ($500) deduclible:
(5) Fire, theft, and comprehensive (for passenger cars), or fire. thell and combined
additional coverage (for tnlcks); and
(fi) L1nimured 11lotnrist coverage
Evidence of such coverage. naming the Lessor as all ADDITIONAL INSL;RED tilr all~
Vehicle hereunder, and proteetinl; it and its assignee as their interests may appear, shall DC
rrovided to tJle Lessor 011 Ihe Delivery Date. AI least thirtv (30) days rrior ,...rritten notice
of cancellation shall he provided to the LessoL If any insurance coverage is suspended or
callcelled. the Lessee shall immediately return the Vehicle to the Lessor, who may elect
allY of its remedies hereunder, including storage of the Vellicle for the Lessee's aCCOWll
L1lltil coverage is reinstated, In jhe event of:my loss or c.Iarnage to a Vehicle, Lessee shall
he respOllsihle fnr the payme:l1t of the deductible required hy any policy of insurance
Lessee shall not be responsible for the payment or the amounts set forth in Subparagraphs
(a),(b) and (C) of this Paragraph to the extent that those amounts are included in Ihe
Monthly Pavment set forth above and are actually re(~eived by Lessor
In the ('l;cnl of win! loss for any reason, including confiscation. for which the Lessor is not
compensated bv insurance in an amount equaltr> the monthly payment multiplied bv jlle
Ilwnher (If lI)1l11ths n:lllilil1illg ill the tenn of the I_case. together with tIle residua! amount
due tn l.essor. millU-" anv escrow amounts which -"hall 1101 become due ('Total Amount
Due") dClem'lincd as of the time innnet.liately rreceding the loss, then the lxssce. in
addition to his other ohligations hereunder, shall inmlCdiatcly pay tnlhe Lessor all alHount
equal to the difference betwecn such insurance and the Total Amount Due.
The Lessee will promptly report to the Lessor. in writing. all accidents, collision" and
damage to the Vehicle. irrespective of fault, injury, loss or damage and any suit. demand or
claim. whether or not justified, Lessee shall cooperate fully with the Lessor and insurer in
all accident investigation, claim and litigation procedures
The Lessee herehy agrees to indemnify and hold the Lessnr harmless agaillst allY alltj all
liahiht\', claim,;. judgments, loss. danlt1.ge costs or expenses, including rea~'lOllable attorney's
fees. caused by. or ari!'ing out of, the operatiol1. use, or theft of all'-' Vehicle or the contents
or cargo thereof
If the Lessee fails to make any payments for taxes. 1I1surallce. repairs and the like. referred
lO in this Lease, the Lessor may. but shallnol he required 10, make such payments and ifil
docs ~(). the Lessee shall reimburse the L.essor upon demand for all such disbursements
made 011 hehalfofthc Lessee hereunder. .Hld said amounts ,"",ill hear inlerest mJlil paid \(,
Les~or hy Lcsset' in the amollllt of eighteen percent (180,;,) per annum
lR. Les'\or'~ Liahilifies With Respect III the Leased Vehicle:
It is e'pressly agreed and understood that the Vehicle has heen selected by the Lessee 3nd
(hal THE LESSOR MAKES NO WARRANT"', EITHER EXPRESSED OR [MPLIED.
AS TO THE CONDITION OF THE VEHICLE OR ANY PART OR ACCESSORY
THEREOF, [TS MERCHANTAT3lLlTY OR FITNESS FOR AN'r' I'ART1CIJLAR
PlJRI'OSE. or as to any patent or latent defects in materia\. workmanship, or Olllelv,ise.
and lln such defect or unfitness shilll in any way aOect Ihe obligariom oftl1e lessee 10
{"oJl1piv with the lenns of this Lease; and that the only waTTanties aprlicahle to an~
Vehicle are warranties made hy the manufacturer, or its dealers and representatives. and
tlm! lhe L,essec's righL~ under allY manufacturer's new vehick warralll;: shall not be im
paired hereunder
The Lessor shall not he liahle lilr any failure or delay ill the deliver..: of any Vehicle: and
failnre to perfonll hereunder resulting fnmllire. or other casualty. riot. strike. or olher
lahor dilTkulty. ~()\!ernrnental regulation or restriction, or any other cause he~tJ1ld the
Lessor's colltrol: and any loss of profits or time, or other consequential damages resullillg
from then. dam.'lge. loss, defect or failurc or any 'Vehiclc. or tllroll~h the recovery, repair.
adiustnlCnt. service or replacement ufany Vehicle.
19. Termination of lllc LtllSC: Return of Vehide:
This I.ease shalltenninate ,-,,'dh respect to a Vehide Up\lJl the 5chedu1cd e"pil:1li,'lllJllhe
Lease Tenn set forth 31)(1\'c. the retum of the "'chicle at the Lessee's expense ((\ I.t'SSPf at
the location of its delivery 10 L.essee or at such other localion as the Lessor lll:n>pecli\ in
writing. :l1lU the payment of all surn~ due bv the Lessee to the Lessor hereunder I c~~ec
shall have no right to tenllinate this Lease Plior t{l the scheduled lenninatioll of lhe J .cast
illlless Lessor and any assignee of Lessor shall have granted rrior written COilS' 11
termination and Lessee shall have complied with any cOT1ditioT1~ imposed ill 11
discretiOll of Lessor or its assignee in said v...ntlen C{lllsenl
2tI. Lessor's Right to Substitute Vehide:
Ille Lessor may, al an\! time, but wilhout additional expellse to the Lessee, SUhslilutc IUI
any Vehicle another vehicle similar ill valuc. condition. mileage and acccss(lTle~. :Illd 'illcll
suhstitute vehicle shall then be subject to the tenns and cOllditinm nfthis Least'
21. Default ny Lessee amJ Additional Rights of Lessor:
hi the event anyone or more (l(the following events shall occur
(a) Lessee fails 10 pay any amounl including rental payments. due her('ulldl'l ;Illl:
continues to failtD ray' for ten (10) days afkr paymeTll is due: or
(b) Lessee files a petition in hankruptcy, or makes all assignment for the hellefi!
creditors, or if any receiver or tHlsr~~c in hanknlrlC\ is aprointed fnr th(' 1
any suil or rroceeding: or
(c) any insurallce covenlge required herellnder is C<lIIcelled or not rellt'\),cd....
Lessee is detemlined to be an uninsurable risk hy allY insurer; or
(d) the death of a naturallcssee, the death of any partner or dissolutlOlI ot all>
partnership lessee or on the sale of stock 01; dissolution or merger willi i'l Illl!,
any other corporation tw a corporate lessee: or
ie) the Vehicle is confiscated by a political or govCllll1\Cnlill a?CI1cy. as;J ul
illcgaluse of the Vehicle: or
(I) failure to perform allY other covenanl, teml or a~reeTllclll CO!1laincu in tIns
Lessor tllllY. at iL~ sole discretion and wiihuut notice tro the Lessee. undertake either nr all
of the following remedies
(l) declare immediatel\' due and payable fwm Lessee all unpaid lease panlll.Cllh
the residual amount and other payment obligations due hereundcr:
(2) terminale this Lease and take innucdiate possession of any Vehicle hereullue:
with or withoullcgal process, regardless of where such Vehicle rnay he foulld
and Ihe Lessee hereby specifically authorizes ami empower~ the Less(ll. ('1 W
agent and employees, to enter uron any of the Les~ee'$ property or premises iin
the purpose of taking immediate possession of an; Vehicle and any equipment
accessories and property located therein. which the I('~sor mav hold :ll
the Lessee's exreTlSe: and
(3) pmsue lHl~' ('ltbcrrel11edy, le)!al or equitahl/'. : ,('ssor mav h,1\'(,
Lessee
1"he Lessee agrees that Lessee is liable for .1]1 expenses illdlldillg reasonable attOrJln\
fees, incurred hy the Lessor in connection with allY retaking. storage. repair or resale e'l
any Vehicle and the ellfilreement of any other right under lhis Lease, The Less(lr shall flut
be liable for ally peacefnl repossessioll taken hereunder. and the Lessor's rClrK'dieS shal1
nOl be exclu.sivc of allY' other remedy. but shall he c\lll1ulari\C amI ill addition to n"fJ'
other remedy of the Lessor in law or in equit\
22. General Provision:
TIllS Lease shall not be assigned by the L.essee without the Lessor's prior written C01lsent
I'he Lessor shall have the right to assign this Lease without prior notice to, or consent ,A,
the Lessce Lc.:;:;;ee acknowledges that Lessor i11\enJs to assign this Lea:>\: aud it,
the payment under this Lease to Bank. 10 the event that Lessor assigns its ri(!lll<
Hank shal) succeed to all the rights and powers of Lessor pursuant to this Lease, ' ..1
lIot be obligated tn perfi,1nll anv of Lessors obligatioTls pursuant 10 the Lease. and Lcssec's
obligation to pay directly to Hank the amounts due under thiS I.ease shall be absnluH:l:>
unconditional and payable notwithstanding any defense, onset or coul11crclaim whatever
hy reason of breach of lhis Lease or othern'ise, which Lessee mayor might now or
hereafter have against Lessor, Bank or any other rersnll (Lessee reserving its right WllaVl
recourse dIrectly against Lessor on account nf any such defense. counterclaim or oOsel) In
the event of any such assignment, this Lease shallllot be modified or amended except UpOTl
the written consent of Bank, The Lessor may grant a .~ecurily interest in the Vehicle al\ll iI,
this Lease to any financial ITlstilulioll ofils selection, Lessee acknowledges that Lessor
imends to grant a SeCUrlly interest in the Vehi{:k ami ill thiS Le<lse to Bank. H the Lessee i."
a corpor'dtioJ1, tht' Lessee warrants that the olTicer cxccuting this Lease on its hchalfhas
been duly authorized lO execute the Lease by prior corporale action, ,All COVellallts
agreements, representations and warranties in this Lease cOlllained and made by and 01,
behalf of Lessor and the Lessee respectively'. "halllw bmding on. and inure to the hCJlciit
of the respective successors and assigns. of the Lessor and the respective successor~ ,lHd
a~siglls. and the heirs. c~ccut(lrs. adT11iT1i~tTat()rs. legal rerresentatives and aSSi!!ll'; of
lessee
As used herein. and whenever the conle'\t S,) requires. the masculine .{!ender shall illclude
the feminine Of nellter. and the singular number shall include tlie plural. and ('{lll\Tr'iCI\
Ihis L.ease shall he construed alld enforced in ;JcClnJ<lncc \\,ith Hie Jaws oftlw ,1;](1.' II'
which the Address of Lessee is located
The ~eetioll headings contained herein an' lllscrted frll cOH\'Cllience only. and
control or alTect the mealling or construction of any of Ihe provisions thereof
rhis Lease constitutes the entire agreenlCl1t between the Lessor and Lessee, and nu olher
a~'Tec1l1ent in any way mOt.liryillg arrv of the tenns hereof will be binding uron the LCS~(l1 (IT
Bank. unless made in writing and signed hy the Lessor and Bank. All rrior proposal...
negotiations and representations. Ifall;'. made willI rcICrellcc IlcrelO arc merged l\erClTl I~
allY of the provisions hereof are detenmDed to he invalid. ilk]:!a1, or unenfnrccabic. till'
remaining provisions (lflhi~ Lease shall110t he' afkcted thcrch..
23, Speciall.rovision:
o Check if Appltcablc
Refer to lease Rider whose tCllns and C{l!ldll](Hl~ ~!lall gOYt'lll \1\'C'~ 1.'111]';
and conditions of tills lease agrecrncllt
SIgning lhis lease mdicales understandmg of, and agreement tC), the TERMS AND CONDITIONS descnbed herem
] cssnr
In witness whereor. the lessor and the l.cssee Have signed and executed thiS L.case by their authorized representatives. all as of the date: first a\1(1\'I': wntlcn
W1I11(;55'
l.csscc
Witness
Acme Auto Leasing, LLC
BY' Karric. Linn Velms,
B~
Lease No.
This Lease Agreement (Lease) is between
CLOSED END LEASE AGREEMENT AND DISCLOSURE STATEMENT
Date of Lease
(Leasee)
Name:
Address:
Telephone:
and (Lessor)
Acme Auto Leasing, LLC
440 Washington A venue
North Haven, CT 06473
Toll Free ~800~ 242-7767
Telephone 203 234-6850
Fax 203 234-6858
Subject to tbe terms and conditions of tbis lease you agree to lease from Lessor tbe motor vebicle ("Vehicle") described below and
will use tbe Vehicle primarily for personal or business use..
VEHICLE
INFORMATION
Year
Color
Model
VIN
Plate
LEASE DISCLOSURES
Body Style
Odometer Mileage
Unit #
1. Totalllayment nue at Inception:
o Capitalized Cost Reduction
o Delivery Charge
o Registration Fee
o Advance Monthly Payment
o Refundable Security Deposit
o Other
TOTAL
2.Term of Lease: Months
The first paymentof$ is due on the _day of the month of
_and subsequent payments of $__ are due on the
_day of each month thereafter.
3. Total Monthly Payment:
4. Total of Monthly Payments:
5. Total other charges Payable to Lessor:
o Disposition $
o Maintenance $
o Other
(est. *) (see Item 9)
$
6. Fees and Taxes:
Total amount you will pay during the term for official fees. registration.
Certlficate of Title, license fees and taxes. $
7. Insurance: (check one)
D You are required to provide the following insurance coverage:
Bodily Injury or Death $1,000,000 combined single limits per accident
Property Damage $1 00,000
Collision ($500 deductible) for actual cash value of vehicle
Comprehensive, Flre. Theft
Uninsured Motorist Coverage
o Lessor will arrange insurance coverage for You at the initial monthly cost to
you of $ (est*)
8. Standards of ""ear and Use of Vehicle:
The following standards are applicable for determining your (Lessee's)
Financial responsibility at the end of the Lease Term for the
unreasonahle wear and use ofthe Vehicle:
a) Lessor's cost of reconditioning the Vehicle which exceeds $100, and
b) excessive mileage of $ _ per mile over ~ miles per ~
9. Maintenance of Vehicle: (check one)
o You are responsible for all maintenance and servicing of the Vehicle,
including, but not limited to, gas, oil. tune-ups, repairs, tires and storage.
o l_essOT is responsible for the following maintenance:
o Maintenance charge is included in lease fee
10. Warranties:
111e Vehicle is subject to ONLY those express warranties provided by the
manufacturer's standard warranty of the Vehicle. THE LESSOR
MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED. AS
TO HIE CONDITION OF TilE VEHICLE OR ANY PART OR
ACCESSORY THEREOF, ITS MERCHANTAI3ILlTY
OR FITNESS FOR ANY PARTICULAR PURPOSE.
II. Earl)' Termination & Default:
a. You have no right to terminate the Lease prior to its scheduled
termination without the written consent of the Lessor and, if given,
Lessee must comply with any conditions imposed in the sole discretlon
of the Lessor.
b. Lessor may terminate the Lease upon the occurrence of an Event of
Default as set forth below and proceed against You for unpaid rentals
due and payable for the remainder of the Lease Term, the residual
amount set forth below, collection costs, and any cost incurred in
repossessing, repairing, and disposing of the Vehicle, including
reasonable attorneys' fees.
c. The residual amount due to Lessor is
$
d. In the event that the Lease is tenninated due to the total loss of the
Vehicle, You are responsible faT the amount by which the monthly
payment multlpllcd by the number of remaining months in the Lease
Term, together with the residual amount due to Lessor, minus any
escrow amount which shall not become due, exceeds the amount of any
insurance proceeds received as a result of the loss.
12. Security interest:
The lessor has the right to assign your rental payments to a Bank and grant
a security interest in the Lease and the Vehicle to Bank.
13. Late Payments and Penalties:
The charge for late payments is five percent (50/0) of any rental or other
payment due under the Lease which is not paid within ten (10) days after said
payment is due.
In the event You cease to pay insurance, tax or maintenance expenses, etc.,
Lessor may pay these expenses and charge You for these costs, plus interest at
eighteen percent (18%) per annum until repaid to Lessor.
14. Option to Purchase: Ves_ No_
You have the option to purchase the vehicle at
$ on
Other
.
"Est." indicates estimated expenses based upon
the best information reasonably available to the
Lessor as of the date of these dIsclosures, and
such expenses may change in accordance with
the terms of this Lease.
LEASE TERMS AND CONDITIONS
15. Lease Only: TIle Lessee acquires no right, title or interest in the Vehicle
except the right to use it for the Lease Term set forth above, which shall
commence on the date the Lessee accepts in writing delivery of the Vehicle
("Delivery Date"). The Lessor's ownership shall be evidenced by the registration
and licensing of the Vehicle with the appropriate governmental authorities
showing title in the name of the Lessor. The Lessee agrees not to take any action
or omit to take any action which is inconsistent with the Lessor's ownership of the
Vehicle and to keep it free and clear of any and all liens and encumbrances.
16. Lessee's Payment Obligations: The Lessee shall pay to the L.CSSOT on
the Delivery Date any Advance Payments and Security Deposit set forth above,
which shall be held by or for the Lessor without interest. The Lessee shall also pay
to the Lessor monthly rental payments as described above, the first of which shall
be due and payable on the Delivery Date and the remainder shall be due and
payable on the same day of each month thereafter. Where tax, insurance,
maintenance or other payments have been included in the monthly rental payment,
the Lessor may increase or decrease the monthly rental payment upon the increase
or decrease of the taxes, insurance, maintenance or other amounts payable by
Lessor on Lessee's behalf, and Lessee shall pay the increased or decreased monthly
rental payment in accordance with the terms of this Lease.
The Lessee shall also pay upon the termination of this Lease:
(a) the Charge for Excess Mileage at the rate set forth above for
each mile in excess of the mileage allowance; and
(b) any amount in excess of One Hundred Dollars ($100.00)
incurred by the Lessor in reconditioning each Vehicle. Any dispute
between the Lessor and the lessee as to the amount due under this
Subparagraph (b) shall be submitted to arbitration by an independent
appraiser appointed by agreement of Lessor and Lessee, whose
determmation shall be final and binding upon the parties.
The Lessee shall also pay to the Lessor a delinquency charge equal to five percent
(5%) of any rental payment or other payment not paid hereunder when due or
within ten (10) days thereafter. The Security Deposit set forth above is security for
the performance of all Lessee's obligations under this Lease, which shall be
returned to the Lessee, without interest, only upon the satisfaction of the Lessee's
obligations hereunder.
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VI.-CONSENT AGENDA
ITEM B.5.
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
D ~ /3
September 4, 2007 August 20, 2007 (Noon) NoyemberX2007
D September 18, 2007 September 3,2007 (Noon) D November 20, 2007
D October 2, 2007 September 17,2007 (Noon) D December 4, 2007
Date Final Form Must be Turned
in to City Clerk's Office
October 1,2007 (Noon
October IS, 2007 (Noon)
D Announcements/Presentations D
NATURE OF D Administrative D
AGENDA ITEM ~ Consent Agenda D
D Code Compliance & Legal Settlements D
D Public Hearing D
City Manager's Report U1
New Business ::;;:
...:-
November 5, 2007 (Noon),-)
. 0 l~-I
November 19,2007 mdon) ~ ~
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Unfmished Business
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RECOMMENDATION: A motion to approve a piggy-back of General Services Administration Contract (GSA) #GS -
07F-9491G to purchase one (1) 4" Stationary Diesel Pump, Model CDI00M Critically Silenced Automatic Self-
Priming Diesel Pumpset and PrimeGuard Controller with Float Assembly, for the Tuscany Bay Homeowners
Association and the City of Boynton Beach for lift station #927 located in Tuscany Bay in the amount of $28,580.29,
from Godwin Pumps of America, Inc. of Bridgeport, New Jersey. The total of $28,580.29 is to be shared 50% by the
City and 50% by the Tuscany Bay Homeowners Association.
EXPLANATION: The agreement was to share the cost with Tuscany Bay Homeowners Association, per Resolution #
07-102, this was approved at the Commission meeting on September 4,2007. The contract is with Godwin Pumps of
America, Inc. of Bridgeport, New Jersey, with an office located in Lakeland, Florida. The department has worked
with Godwin pumps in the past and they are very responsive and reliable. The City will purchase and install the pump
and maintain the pump for at least 10 years.
PROGRAM IMP ACT: The installation of an additional pump will allow this lift station to continue functioning
during power outage emergencies.
FISCAL IMP ACT:
ACCOUNT #
403-5000-590.04 SWR 111 UTILITY RESERVE
50% shared with Tuscany Bay Homeowners Association
Total cost to the City is:
BUDGETED AMOUNT:
$28,580.29
$14,290.15
$14,290.15
ALTERNATIVES: The city would have to absorb the full impact cost of $28,580.29.
S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
~
Procurement Services
CC: Kofi Boateng, PE, Utilities Director
Pete Mazzella - Deputy Utilities Director
Dan Spooner - Utilities - Field Operations Division Manager
Michael Low -Deputy Utilities Director
Tony Lombardi - Utilities - Construction Foreman
Barb Conboy - Utilities Administrator Manager
Central File
Flie
S\BULLETfN\FORMS\A.GENDA ITEM REQUEST FORM DOC
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City Manager's Signature
",
Assistant to City Manager ~
~ty Attorn,y i Fin'n"
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To:
From:
Date:
Subject:
Memorandum
Utilities #07-
Bobby Jenkins
Assistant Finance Dire.ctor ~I .'
Kofi Boateng, PE Kitl p .Wv ~\-
Utility Director
\
September 18, 2007
Piggy-back GSA Contract
Bid #GS-07F-9491 G
One (1) 4" Model CD100M Stationary Emergency Diesel Pump
Agenda Item
The Utilities Department would like to piggy-back the General Services
Administration Contract (GSA) to purchase (1) 4" Stationary Diesel Pump for the
Tuscany Bay Homeowners Association and the City of Boynton Beach. The
contract was awarded to Godwin Pumps of America, Inc. of Bridgeport, New
Jersey. Godwin has regional facilities around the country and locally here in
Lakeland Florida. The department has worked with and purchased Godwin
pumps in the past and they are very responsive and reliable.
The pump will be permanently installed at Lift Station #927 in Tuscany Bay. An
agreement with the Tuscany Bay Homeowners Association and the City was
approved at a Commission meeting on September 13,2007. The pump will allow
continuation of wastewater pumping during power outages at lift station 927
which serves that community. One half of the purchase price will be reimbursed
by the Tuscany Bay Homeowners Association. Attached is agreement R07-102
between Tuscany Bay and the City.
The cost of the pump is $28,580.29 The Tuscany Bay Homeowners Association
50% share of the purchase price is $14,290.15. Funds are available in account
#403 -5000-590-96.04 SWR 111, Utility Reserve. Attached is the proposal from
Godwin with a price breakdown and the GSA discount.
Please present this at the next Commission meeting for approval. If you have any
questions contact me at ext. 6401, Pete Mazzella at ext. 6404 or Tony Lombardi
at ext. 6421.
TL/
Attachments
Xc:
Pete Mazzella l3v
Michael Low
Tony Lombardi
Barb Conboy
Dan Spooner
File
gedwin
pumps
Great Pumps. Great People.
202 Winston Creek Parkway Telephone: 863-682-8800
Lakeland, FL 33810 Facsimile: 863-682-5200
August 16, 2007
Boynton Beach, City of
124 East Woolbright Road
Boynton Beach, FL 33435
Attention: Mr. Anthony Lombardi
Phone: (561)375-6421
Fax: (561)742-6298
RE: Godwin Dri-Prime@ Model CDIOOM Critically Silenced Automatic Self-Priming
Diesel Pumpset. Sale Quotation #KA3225.
Dear Mr. Lombardi:
Godwin Pumps of America, Inc is pleased to provide you with the following Sale Quotation.
Per our recent conversation, here are the GSA Prices for our Godwin Dri-Prime@ Model
CD100M Critically Silenced Automatic Self-Priming Diesel Pumpset and PrimeGuard Controller
with Float Assembly.
This quotation is based on approved prIcmg structure per General Services Administration
Contract (GSA) # GS-07F-9491 G.
If we can provide additional information or assistance, please do not hesitate to contact us at
863-682-8800, mobile at 813-363-5962or via e-mail attampa(Q)godwinpumps.com.
Sincerely,
GODWIN PUMPS OF AMERICA, INe.
Kevin Abernathy
Sales Engineer
Itla
August 16, 2007
Boynton Beach, City of
Attention: Mr. Anthony Lombardi
Sale Quotation #KA3225 (3).doc
Page 2 of2
** SALE QUOTATION **
ITEM QTY DESCRIPTION
GSA
PRICE
LIST
PRICE
A 1 Godwin Dri-Prime@ Model CDIOOM
Critically Silenced Automatic Self-
Priming (to 28 feet) Diesel Pumpset.
. 4" Flanged Suction and 4" Flanged
Discharge Connection.
. Solids handling to I 7/8".
. Dry Running Oil Bath Mechanical Seal.
. Driven by Yanmar 3TNV88, 24.6 HP @
2200 RPM, water cooled diesel engine.
. Entire pump and engine assembly shall be
completely enclosed with sound attenuated
panels.
. Skid Mounted with integral 105-gallon fuel
tank and lifting bracket.
. Average fuel consumption 1.1 GPH @ 1800
RPM.
. Noise Level: 69 dBA @ 30 Feet
. 4 Bolt Holes for Concrete Anchor
B 1 PrimeGuard Float Assembly with 7-Pin
Connector.
C
PrimeGuard Controller
$1,165.00
$954.00
$34,815.00
$27,341.41
$357.00
$284.88
F.O.B. - Bridgeport, New Jersey
Delivery: 30 DAYS, ARO
Estimated Transportation: No Additional Freight Charges, If Purchased Under GSA
This pricing information is for your internal use only. We ask that these items and terms be kept confidential. All applicable tax and
freight charges will be added to invoices. All quotations are subject to credit approval. All quotations are valid for 90 days. All
prices quoted in US Dollars. See attached Terms and Definitions which are part of this quote.
TO:
FROM:
DATE:
RE:
CITY CLERK'S OFFICE
MEMORANDUM
Pete Mazella
Utilities
Janet M. Prainito
City Clerk
September 13, 2007
R07-102- Agreement with Tuscany Bay HOA to share in cost of
emergency Pump
No. R07-102 and a copy of the fully executed agreement. Since tnis agreemeiil Gio Clot
require any additional signatures, I have retained one original for Central Ale.
Please contact me if there are any questions. Thank you.
~Yn
Attachments
p~
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S:\CC\WP\AFTER COMMISSION\Departmental Transmittals\2007\Pete Mazella R07-102,doc
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
October 16, 2007
October I, 2007 (Noon
November 7, 2007
October 15,2007 (Noon)
November 20, 2007
Noyember 5, 2007 (Noon)
December 4,2007
November 19,2007 (Noon)
Code Compliance & Legal Settlements
Public Hearing
D
D
D
D
D
City Manager's Report
New Business
NATURE OF
AGENDA ITEM
D Announcements/Presentations
D Administrative
. CJ -C;~sent Agenda
D
D
Legal
Unfinished Business
RECOMMENDATION:
Approve Resolution No. 07-_ to authorize the City Manager and City Clerk to execute an agreement between the
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.
EXPLANATION:
The subject agreement will 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 IMPACT:
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.
AL TERNA TIVES:
Fully fund any emergency equipment to be installed at this station, without assistance from the Residents' Association.
S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
l) -~,
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City Manager's Signature
Assistant to City Manager ___
lJ..J.1 11+, eJ
Department Name
City Attorney / Finance
XC: A~ Peter Mazzella (w/attachment)
, ~ichael Low "
City Attorney "
A.Ilth6ti}(L()!)~~~~..i
File .,
SIBULLET1N\FORMS\AGENDA ITEM REQUEST FORM. DOC
1
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RESOLUTION NO. R07- Ie>~
A RESOLUTION OF THE CITY COMMISSION OF
BOYNTON BEACH, FLORIDA, APPROVING THE
AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND TUSCANY BAY HOMEOWNERS
ASSOCIATION, INC., TO SHARE THE PURCHASE
COST AND USE OF AN EMERGENCY DIESEL-
POWERED PUMP AT A CITY LIFT STATION AND
AUTHORIZING THE CITY MANAGER AND CITY
CLERK TO EXECUTE SAID AGREEMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Agreement with the Tuscany Bay Homeowners Association, Inc.,
will allow both parties to each contribute 50% of the purchase price of a new emergency
di ~sel-pc\\,:=.,:~?lj ~~.~
r~,c< \\'i~~ 1~:..:-: ~"\er=:~?:~_... 'i~-~::~::;11'~'= ~.~ ~L.,~~ :-..... ,,~ --:: . -~ '. ,- - :1:....: ::_:~:::
WHEREAS, the pump will be self-priming and sized to accommodate the entire
sewage flow from the development; and
WHEREAS, the City Commission of the City of Boynton Beach deems it in the best
interest, health, safety and welfare of the citizens and residents of Boynton Beach to enter into
the Agreement with Tuscany Bay Homeowners Association, Inc., for sharing the purchase
cost and use of an emergency diesel-powered pump to be installed at a City lift station.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
Each Whereas clause set forth above IS 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\RESO\Agreements\Agmt with Tuscany Bay (Emergency pump).doc
the City of Boynton Beach and Tuscany Bay Homeowners Association, Inc.. for sharing thr~
2 purchase cost and use of an emergency diesel-powered to be installed at a City lift station, 3
3 copy of said Agreement is attached hereto as Exhibit "A".
Section 3.
That this Resolution shall become effective immediately upon passage.
4
5
PASSED AND ADOPTED this L day of September, 2007.
6
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9
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CITY OF BOYNTON BEACH, FLORIDA
----
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bfayor erry ~ 'or
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Vice Mayor - Jose ROdr'~ e'J,/
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15
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Commissioner - Ronald
25
26
27
28
----
Commissi.9B,er - Mack McCray
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ATTEST:
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31 ,y'~j:;t1t; f. I / I. 1.:::"'<"...,-VL.i..lc
32 i Jahet M. Prainito, CMC
33-City Clerk
34
35
36
37
38
R 0 7- /f:)~
AGREEMENT TO PROVIDE SEW AGE PUMP
IN THE EVENT OF AN EMERGENCY
THIS 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 "CIlY";
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 described 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 nol100 ($10.00) Dollars and
:<-:,,~r ~,:-,~_1 ,-~,,,: \';J.r.". J.:' ~~)~'~s.3 _ ;...,.,- :' s,,_f:-C::.-.~ "~""'.'. [.,:-~. . ,".~^'f- -,-"- .1,'., -vn'~"- 1 .' 'r..-:: ".,;-,.,'
agree as 10HO"\I,'S:
D The aforesaid recitals are true and correct and are incorporated herein.
2.0 Purpose. 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 RespOnsibilities and Oblieations:
3.1 CIlY shall purchase a diesel powered pump of a sufficient size and power to operate the CITY's Lift Station
Number 927.
3.2 CIlY 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 CIlY's utility easement and will be installed, 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 CIlY 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 of a replacement unit), whichever occurs later. Notice of termination shall be addressed to the
CIlY or TBHOA as provided in this Agreement. Upon termination the CIlY, at the CIlY'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.
;).0 Indemnification. The TBHOA agrees to indemnify 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 se:
as a waiver of sovereign immunity by the CITY. Nothing herein shall be construed as consent by the CITY to be sued t...-,
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 defuult, 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:
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
Cory To:
James Cherof, City Attorney
3099 E.ast Cornlne:rcial riouievar~ Suite 2u0
Fort Lauderdale, Florida 33308
Telephone No. (954) 771-4900
Facsimile No. (954) 771-4923
TBHOA:
Stephen J. Kirschner, President
5087 Palazzo Place
Boynton Beach, FL 33437-2071
Telephone No. (561) 424-0056
Facsimile No. (561) 424-0088
Copy To:
Larry Schner, Attorney of Record for TBHOA
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
Assi2llment.
The Contract shall not be assignable by either party.
9.0 Miscellaneous.
9.1 Counterparts. This Agreement may be executed in any number of counterparts, anyone and all of which shall
constitute the contract of the parties. The paragraph headings herein contained are for the purposes of identificati
only and shall not be considered in construing this Agreement.
Page 2 of4
9.2
9.3
9.4
9.5
9.6
9.7
9.8
9.9
Amendment. No modification or amendment of this Agreement shall be of any force or effect unless in writing
executed by both TBHOA and CITY.
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.
Governinl! Law. This Agreement shall be interpreted in accordance with the laws of the State of Florida, both
substantive and remedial.
Entire Al!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.
Computation of Dates. If any date computed in the manner herein set forth falls on a . 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.
Tune is of the Essence. Time is of the essence andfailure 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
providedfor in this Agreement shall be strictly adhered to.
No Recordinl!. Neither this Agreement nor any notice or memorandum hereof shall be recorded in the public
records of any county in the State of Florida.
Interpretation. 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
prevision shall be more strictly construed agahlst the party who itself or through its agents and attorneys of ea:-h
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provisiotis have been negotiated.
9.10 Captions. HeadiJu!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 tenn 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 Party Beneficiary. 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 Lel!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 wuier each
signature: the CITY through its City Commissioners, signed by and through its City Manager, authorized to execute same by City
ro.ommission action on the _ day of ,2007, and TBHOA, by and through the undersigned officers duly
ihorized to execute same.
Page 3 of 4
ATTEST:
WITNESSES:
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Print NameV"
STATE OF
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COUNTY OF
CITY
BY:
KURT BRE SNER, CITY MANA ER
TBHOA
THE TUSCANY BAY
HOMEOWNERS ASSOCIA nON, INC., a
F1orid(t-:-~on 7-
BY:~O'~ rw~~
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BEFORE ME r du authorized by law to administer oaths and take acknowledgments, personally appeared Stephen J.
Kirschner, who i nally known to m or who has provided as identification, and acknowledged he/she
executed the foregomg gre en 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.
j 3 IN WI~ OF TI;!f... FOREGOING, I have
~dayof Ci{jJut/17 ,2007.
DNT:dnt
H:\1990\900 182.BB\AGMT\Fairmont Place Generator.doc
set my banQ, and official seal at in the State ~d~ounty aforesaid on this
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Page 4 of 4
The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@ci.boynton-beach.f1.us
www.boynton-beach.org
September 6, 2007
Stephen J. Kirschner, President
The Tuscanny Bay Homeowners Association, Inc.
5087 Palazzo Place
Boynton Beach, FL. 33437-2071
Re: Resolution No. R07-102 - Interlocal Agreement between the Tuscany
Bay Homeowners Association, Inc. and the City of Boynton Beach for
the purchase and use of an emergency generator
Dear I\/ir. Kirschner:
Attached is a copy of the fully executed agreement as stated above and a copy of the
associated Resolution that the City Commission approved at their regular meeting on
September 4, 2007. If you have any questions, please do not hesitate to contact me.
Very truly yours,
CITY OF BOYNTON BEACH
m.P~
J et M. Prainito, CMC
ity Clerk
Attachment
S:\CC\WP\AFTER COMMISSION\Other Transmittal Letters After Commlssion\2007\R07.102-TBHA Purchase & Use of Emergency Generator.doc
America's Gateway to the Gulfstream
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOR:
Requested City Date Final Form Must be Requested City Commission
Commission Meetinq Dates Turned in to City Clerk's Office Meetinq Dates
D August 21, 2007 August 6, 2007 (Noon.) D October 16, 2007
13
D September 4, 2007 August 20, 2007 (Noon) [gJ November)':' 2007
D September 18, 2007 September 3, 2007 (Noon) D November 20, 2007
D October 2, 2007 September 17, 2007 (Noon) D December 4, 2007
D Announcements/Presentations D
NATURE OF D Administrative D
AGENDA ITEM [gJ Consent Agenda D
D Code Compliance & Legal Settlements D
D Public Hearing D
VI.-CONSENT AGENDA
ITEM C.l.
Date Final Form Must be
Turned in to City Clerk's Office
October 1, 2007 (Noon
October 15, 2007 (Noon) C)
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Noyember 5, 2007 (Noo:I) :=i-<
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November 19, 2007 (~n) .~-::?::;;
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City Manager's Report
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Unfinished Business
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RECOMMENDATION: Adopt, by Resolution, an amendment to the Cemetery Rules & Regulations to include the following
language change to Rule #18:
"Rule #18 - No more than three (3) markers will be permitted per adult grave. The markers will run
consecutively beginning at the head of the plot. A second marker would be placed directly below the first
and a third marker would be placed directly below the second. At no time will more than three (3) markers
be permitted. In the Replat section, two (2) cremains will be permitted in a cremains plot. No more than
two (2) markers will be permitted on a cremains_plot in the Replat section."
EXPLANATION: When the rule changes to Rule 17 and 3-M went before the Commission for approval,
Commissioner McCray expressed concern with the placement of three markers on a grave. He was concerned the markers
would be placed in any fashion. The item was tabled by the Commission and returned to the Cemetery Board for further
discussion and clarification of the issue.
The Cemetery Board met on August 9th and unanimously voted to allow three markers to be placed at the top of the grave if
one casket and two cremains are placed in the plot. The markers would not be staggered, but instead, placed at the head,
one following the other. On August 21st, the Cemetery Board's recommendation was communicated to the Commissioners.
The Cemetery Board drafted the language for Rule #18 to ensure the direction of the City Commission is clear. In accordance
with Rule #9-M, Mr. Osborne was notified in writing of the change and has not expressed either support or opposition.
PROGRAM IMPACT: None
FISCAL IMPACT: None
ALTERNA11VES: The atternative would be not to amend the rules 2not more than two marke,,; on a grave
even though thre~m~'nAuld.be '~terred In the plot. ~
Department Head's Signature City Manager's Signature
Assistant to City Manager eNw(/'
City Clerk's Office
City Attorney / Finance
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
S:\CC\WP\CEMETERY\Agenda Item Requests\Agenda Item - Rule #18 to allow 3 markers on a graye.doc
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RESOLUTION NO. 07-
A RESOLUTION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AMENDING RULE #18 OF
THE CEMETERY RULES & REGULATIONS;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Cemetery Board is desirous of clarifying the placement of three
9
markers on gravesites; and
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WHEREAS, upon recommendation from the Cemetery Board. the City
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Commission has determined that it shall revise Rule #18 of the Rules and Regulations of
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the Cemetery, a copy of which is attached hereto as Exhibit "A".
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
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OF THE CITY OF BOYNTON BEACH, FLORIDA THAT:
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Section 1,
Each Whereas clause set forth above is hereby ratified as being
1611
1711
true and correct and incorporated herein by this reference.
Section 2.
The City Commission of the City of Boynton Beach, Florida,
18
amends Rule # 18 of the Rules and Regulations of the Cemetery Board as attached hereto
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as Exhibit "A".
Section 3.
This Resolution shall take effect immediately upon passage.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLA1\TK}
S:\CA\RESOlAdministrative\Cemetery R&R - Amend Rule #18.doc
PASSED AND ADOPTED this _ day of November, 2007.
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CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
Janet M. Prainito, CMC
City Clerk
(City Seal)
S:\CA\RESOlAdministrative\Cemetery R&R - Amend Rule #18.doc
NOTICE TO LOT OWNERS IN BOYNTON BEACH MUNICIPAL CEMETERIES
Rules and Reaulations Amended AUGUST 21.2007 BY R07-079
GENERAL
1. Lot owners shall not allow interments to be made in their lots for remuneration; nor shall any transfer,
assignment, or conveyance of any lot or any interest therein be valid without the consent in writing of
the City of Boynton Beach and same endorsed upon such transfer, assignment or conveyance. No
transfer, assignment, or conveyance of a lot can be made after an actual interment in it, except with
the consent of the City of Boynton Beach after the body is lawfully removed therefrom. No
disinterment shall be allowed except by the consent of the Board of Governors and upon written
request of the owner or owners of the lot and in every case shall only be made by the proper
authorities.
(NOTE: Authorized disinterment and shipment of body may be made only by a licensed funeral
director licensed in Florida to another licensed funeral director at final disposition.) City disinterment
forms shall accompany all disinterments.)
2. The City of Boynton Beach is reluctant to interfere with the tastes of individuals in regard to the style
of their improvements at the cemetery; but in the interest of the whole and all cemetery lot owners, it
reserves to itself the right of preventing or removing any erection, enclosure, monument, inscription,
tree or shrub which is inconsistent with the purpose of these rules and which the City considers
injurious to the grounds. Under no circumstances will lots be allowed to have on them growing or live
plants, trees, or bushes directly planted in the ground and such will be removed by City employees.
3. In addition to the grave marker, there will be a limit of three items placed on a grave site. In general,
these three items can be those chosen by the owner, but must be ableJo be moved with one hand
and flowers must be in a container that has a solid base not to exceed 18 inches in height so that it
will easily stand erect or in a container with a point on the bottom that is easily stuck into the ground.
These items must be tastefully placed at gravesites. No glass vases or figurines will be permitted.
Employees will, for cemetery maintenance purposes, move and replace these items with care, but the
City does not accept responsibility for replacing broken items unless there is a clear negligence on the
part of the City employees.
(NOTE: City employees may remove any item placed on a gravesite that becomes untidy or unsightly
to the appearance of the Cemetery.)
4. -Lot enclosures of any kind are prohibited. No mounds are permitted over graves. The grade of all
lots will be determined by the Board of Governors.
5. No person shall be allowed to perform any modification or installation of a monument or marker on a
lot without authorization from the City. No marker shall be accepted by the City without prior
authorization of the City.
6. All excavations shall be made by the City, unless otherwise approved by the City. Installation of
markers must be approved by the City.
7. The length and width of the marker can vary depending on the size of the plot. If the marker is to be
installed on a single plot, the marker cannot exceed 2'-6" wide by 9' in length. If the marker is to be
installed on a double plot, the marker cannot exceed 5' wide by 9' in length. The thickness of the
marker must be a minimum of 4" thick and made of solid marble, granite or, if the marker is made of
bronze, it must have a 4" minimum solid base made of marble, granite or concrete and be properly
attached to the bronze marker.
5:\CC\WP\CEMETERY\CEMETERY RULE5\RULE5\Cemetery Rules (02-07-06 - R06-039)REV30 - Adopted with R07-079 - OS-21-07.doc 1
Markers cannot be constructed of separate pieces of material laminated, glued or attached in any
manner with the exception of bronze markers which require a minimum 4" base made of marble,
granite or concrete.
8. All temporary grave markers will be allowed for a period of six months from date of burial. Temporary
markers will be removed by cemetery workers after that time.
9. All urns, vases, or grave markers damaged or lost will not be the responsibility of the cemetery unless
there is clear negligence on the part of City employees.
10. Casket must be encased in an outer burial container made of concrete. The use of a concrete (at
minimum) urn vault for cremated remains (cremains) in Boynton Beach Memorial Park shall be
required. The cost of the vault will be borne by the funeral director.
11. The Board of Governors from time to time may initiate and recommend the laying out, altering or
closing of such avenues or walks and make such rules and regulations for the government and
improvement of the cemetery as it may deem requisite and proper, subject to City Commission
approval.
12. No purchaser shall be entitled to a deed to any lot nor will a burial be permitted in any lot until all
accounts relating thereto and due the City are paid.
13. Lots, if not needed, may be returned to the City for a refund of the purchase price less 20 percent.
The deed must be surrendered. No sign indicating that a lot is "For Sale" will be permitted on the
grounds.
14. On Memorial Day, Veterans' Day and other national holidays, the Veterans' organizations may join in
memorial services at the cemeteries upon scheduling with the City Clerk's Office.
15. No money should be paid to any person in the employ of the City for services or attention, other than
their salaries and wages paid by the City.
16. Human remains only shall be buried in any municipal cemetery.
17. In an adult grave, the following will be permitted, at the discretion of the Parks Superintendent:
a. One (1) casket, plus two (2) cremains Of the two cremains, one must be an immediate family
member of the individual buried in the casket; or
b. Three (3) cremains. Of the three cremains, two must be immediate family members.
For purposes of these Rules and Regulations, an immediate family member shall be defined as an
individual who is related by blood, marriage or adoption.
18. No more than three (3) markers will be permitted per adult grave. The markers will run consecutively
beginning at the head of the plot. A second marker would be placed directly below the first and a third
marker would be placed directly below the second. At no time will more than three (3) markers be
permitted. In the Replat section, two (2) cremains will be permitted in a cremains plot. No more than
two markers will be permitted on a cremains plot in the Replat section.
19. Services that extend past 3:30 p.m. shall be charged for staff time according to the rate chart on file in
the City Clerk's Office.
S:\CC\WP\CEMETERy\CEMETERY RULES\RULES\Cemetery Rules (02-07-06 - R06-039)REV30 - Adopted with R07-079 - OB-21-07.doc 2
MAUSOLEUM
1-M. Mausoleum Crypts or Niches - Prior to inurnment/entombment, an owner may transfer or resell the
mausoleum crypt or niche provided the owner first obtains the written consent of the City of Boynton
Beach and Boynton Beach Mausoleum, Inc. Such consent shall be given automatically provided that
the new purchaser's name, address and phone number are on file with the City Clerk and an
administrative fee equal to the cost of relettering the mausoleum, crypt, or niche is paid to Boynton
Beach Mausoleum, Inc.
After inurnment/entombment, resale or transfer of ownership shall be allowed only to the City of
Boynton Beach at a cost of 50% of the original purchase price paid for the crypt or niche and provided
that disinurnment/disentombment has occurred and implemented by the proper authorities. The City
may not ofter these crypts or niches for sale until the termination of the contract with Boynton Beach
Mausoleum, Inc.
No disinurnment/disentombment shall be allowed except by the consent of the Board of Governors
following written request by the owner or owners of the crypt/niche and in every case shall only be
made by the proper authorities.
(NOTE: Authorized disinurnment/disentombment and shipment of body or remains may be made only
by a licensed funeral director licensed in Florida to another licensed funeral director at terminal point.)
2-M. The City reserves to itself the right to approve any erection, enclosure, monument, inscription, tree or
shrub.
3-M. All identification information including letters and emblems on crypts and niches shall be
inscribed by engraving. The cost of new crypt or niche ir~scription fees shall be paid at time
of interment.
Existing bronze letters shall be replaced with inscription by the City. Replacement inscription
shall be done at no cost to the owner of the crypt or niche, but shall be paid from the
Perpetual Care Fund. If existing bronze emblems are damaged, replacement of an existing
bronze emblem with a sandblasted emblem shall be done at the owner's expense."
4-M. No artificial flowers, except silk flowers, are permitted in or around Mausoleum buildings. All flowers
must be placed in front of or near a particular crypt or niche and fresh flowers can remain for a
maximum period of three (3) days. One (1) vase per crypt/niche will be allowed. Flowers must be in
a container that has a solid base so that it will easily stand erect. Employees will, for maintenance
purposes, move and replace these items with care, but the City does not accept responsibility for
replacing broken items unless there is a clear negligence on the part of the City employees. After the
third day, or in the case of silk flowers, when the Cemetery Manager determines that the flowers have
become unsightly, said flowers and holder shall be removed and disposed of in a manner acceptable
to the Cemetery Manager.
"No potted plants containing soil, perlite, or other loose materials are permitted in chapels or
walkways in the Mausoleum. (Note: City employees may remove any item placed on a crypt/niche
site that becomes untidy or unsightly, in the sole and absolute discretion of the City."
5-M. No person shall be allowed to perform any modification on anything without written permission from
the City. No money should be paid to any person in the employ of the City for services or attention,
other than their salaries and wages paid by the City
S:\CC\WP\CEMETERY\CEMETERY RULES\RULES\Cemetery Rules (02-07-06 - R06-039)REV30 - Adopted with R07-079 - 08-21-07 .doc 3
6-M. All original sales of mausoleum crypts or niches shall be originated by Boynton Beach Mausoleum,
Inc. Boynton Beach Mausoleum, Inc. shall then forward an executed request for the issuance of a
certificate of ownership within 30 days which shall include the purchaser's complete name, address
and phone number. Upon receipt of a request for the issuance of a certificate of ownership, the City
shall issue a certificate of ownership and forward it to the purchaser within 14 days. There shall be no
fee for issuance for the certificate of ownership.
7 -M. Boynton Beach Mausoleum Inc. shall provide copies of every sales contract for each crypt/niche sold
to the City within 30 days of the sale. There shall be no requirement for an annual audit.
8-M. Any veterans' organization may erect a flag and/or memorial at the entrance to the Mausoleum
Chapel on Memorial Day.
9-M. The Board of Governors from time to time may recommend the altering of the Rules and Regulations
for the government and improvement of the Mausoleum as it may deem requisite and proper, subject
to City Commission approval. At any time the Board of Governors proposes amending or altering the
Rules and Regulations for the mausoleum, they must notify Boynton Beach Mausoleum, Inc. by
certified mail return receipt requested of the proposed changes, at the same time any City
Commission action is sought regarding the rules. Boynton Beach Mausoleum, Inc. shall be given
forty-five (45) days from the date it receives notice of intended action by the Board of Governors prior
to any City Commission action being taken. All Rules and Regulations shall be applied prospectively
from the date of adoption. No Rule or Regulation shall be construed in a mannerwhich would negate
or alter any contractual right between Boynton Beach Mausoleum, Inc. and any party to a purchase
agreement with Boynton Beach Mausoleum, Inc. or any contractual right between the City of Boynton
Beach and Boynton Beach Mausoleum, Inc.
10-M. As of April 20, 2004, the date of adoption of Resolution No. R04-065, on all new sales, the bodies
placed in the Mausoleum must be embalmed. On previously purchased crypts, if a person does not
wish to be embalmed, the body must be placed in a Ziegler case. Plastic trays must be placed under
the casket on all entombments in the Mausoleum, whether the bodies are embalmed or not. The
funeral home will bear the cost of the Ziegler cases and plastic trays, but will pass that cost on to the
purchaser. Human remains being placed for entombment shall be in a gasketed metal casket for
Mausoleum usage.
S:\CC\WP\CEMETERy\CEMETERY RULES\RULES\Cemetery Rules (02-07-06 - R06-039)REV30 - Adopted with R07-079 - 08-21-07.doc 4
VI.-CONSENT AGENDA
ITEM C.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final 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,) D October 16, 2007 October I, 2007 (Noon
D September 4, 2007 August 20, 2007 (Noon) ~ 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)
D Announcements/Presentati ons D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM ~ Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDA TION: Motion to approve and authorize the execution of a resolution for Amendment No.2, Task
Order No. U05-01, Jordan, Jones & Goulding, Inc. (JJ&G) in an amount not to exceed $ 67,242. Amendment #2
provides construction administration, management, and field inspection for an extended construction period at the
West Water Treatment Plant (West WTP) Improvements, Phase IV.
EXPLANATION: The City Commission approved Task Order No. U05-01 on May 17,2005 for engineering and
design services to increase water production, install a redundant power generator, improve plant safety and reliability
and accommodate the new water interconnection with Palm Beach County Utilities located at the West WTP.
Subsequently, Amendment #1 was approved by the City Commission on September 19,2007 providing services during
the construction phase of the project.
Mainly, the lead time on the power generator on this contract has been the culprit of the delays associated with the
requested time extension. The power generator has a long lead time, and that is detailed in an attached letter from the
sub-contractor (Pantropic Power) to the prime contractor (Interstate Engineering). This long lead time is what has
driven the time extension on the project. In the letter, dated January 22, 2007, Pantropic set the manufacturing date
of the power generator at September 28, 2007, which is an 8-month lead time on the equipment. In this case the
delivery of the power generator is driving the critical path, and subsequently extending the completion date.
PROGRAM IMPACT: The project completion date was granted a 200 calendar day extension caused by delays in
material delivery dates from equipment manufacturers. The delivery delays were unforeseen; however, the final
completion and close out date was changed to February 1,2008. The 200 day extension creates a 3 ~ month period
not anticipated and not included for compensation in Amendment #1. Amendment #2 will provide professional
services for construction management by JJG that mirror Amendment #1 for the extended time period.
Thus, JJ&G is requesting the task order amendment and an additional compensation to cover their costs. They have
acknowledged as well that the construction completion date will be revised due to the late delivery of the power
generator which, as previously stated in this case, is governing the critical path for the project.
S:\BULLETfN\FORMS\AGENDA ITEM REQUEST FORM DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Construction Phase Services
Amendment #2, Task Order U05-01:
Task 1
Task 2
Task 3
Task 4
Task 5
Task 6
Task 7
TOTAL
General Administration
Shop Drawings Review
Request for Information
Payment Application Review
Charge Orders
Site Visits/Meetings
Resident Field Inspection
Additional Hours
20 Hours
10 Hours
20 Hours
20 Hours
92 Hours
48 Hours
400 Hours
610 HOURS
FISCAL IMPACT: Funds are available in Utilities' account numbers 404-5000-590-96-01 WTR098 (expansion
related) and 403-5000-590-96-10 WTR130 (non-expansion related). There is no anticipated increase in the
construction costs as a result of the extension.
Annroved by City Commission Amount 1
Task Order No. U05-01 May 17,2005 $ 490,000
Amendment #1 September 19,2006 $ 198,000
Amendment #2 Pro nosed November 7, 2007 $ 67,242
TOT AL COST $ 755,242
AL TERNA TIVES: The completion of the project is of paramount importance to the City. The project provides for
increasing potable water demands, replacing the existing gas chlorine system with an on-site generation system (OSG),
and emergency power redundancy at the West WTP. There is no alternative, for to halt the project at this juncture
would result in significant costs to the City for incomplete non-functioning improvements.
~ '1;~:n~l~dm'nt#2 to onmplol, th, ~_
Kofi Boateng, Kurt Bressner.
Utilities Director City Manager
Utilities Department
Department Name
CrwL
Carisse Lejeune,
Assistant to City Manager
City Attorney / Finance
Attachment: Three (3) Original Task Order Amendments
S,\BULLETl1\\FORMSAGENDA ITEM REQt'EST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
be: Kofi Boateng, Utilities Director
Pete Mazzella, Deputy Utilities Director
Michael Low, Deputy Utilities Director
Chris Roschek, Engineering Division Manager
Barb Conboy, Manager Utilities Administration/Finance
Procurement Services
Project File
S:\BULLETfN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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RESOLUTION NO. R07-
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING EXECUTION OF
AMENDMENT NO 2 TO TASK ORDER NO. UOS-Ol
WITH JORDAN, JONES & GOULDING, INC., FOR
CONSTRUCTION ADMINISTRATION, MANAGEMENT,
AND FIELD INSPECTION FOR AN EXTENDED
CONSTRUCTION PERIOD AT THE WEST 'VATER
TREATMENT PLANT IMPROVEMENTS, PHASE IV IN
THE AMOUNT OF $67,242.00; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Task Order No, U05-0l was approved by the City Commission on \1ay
16
17, 2005 by Resolution R05-084 for $490,000.00 and did not include construction phase
17
services; and
18
'VHEREAS, i<\mendment #1 was approved by the City Commission on September
1,9 ,11 Q "'OOhO b'v P p.~Ol11"t-;O"" P 06 1 r:,.., Crn' C 108 nno nn. ""~d
II /, ~ ,.J ''"'"'~ iUU U ''" -iV-'- lV, <Vi./ ,VV .vv, uu
20 II WHEREAS, Amendment #2 will provide and 200 calendar day extension for
21
construction administration, management and field inspection for the West Water Treatment
22
Plant Improvements, Phase IV; and
23
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMIVnSSION OF
24
25
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confimled as
26 being true and correct and are hereby made a specific par1 of this Resolution upon adoption
27 I hereof.
28
Section 2.
The City Commission of the City of Boynton Beach, Florida does
29 lereby authorize and direct the approval and execution of Amendment #2 to Task Order No.
30 05-01 with Jordan, Jones & Goulding, Ine, for construction administration, management
:\CA\RESO\Agreements\Task - Change Orders\Jordan Jones Amendment 2 to TO U05-01.doc
and field inspection for an extended construction period at the West Water Treatment Plant
2 Improvements, Phase IV in the amount of $67,242.00, a copy of which is attached hereto as
3 II Exhibit "A".
4
Section 3.
This Resolution shall become effective immediately upon passage.
5
PASSED AND ADOPTED this _ day of November, 2007.
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24 ATTEST:
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29 Janet M. Prainito, CMC
30 City Clerk
31
32
33
34 Corporate Seal)
35
36
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
:\CA\RESO\Agreements\Task - Change Orders\Jordan Jones Amendment 2 to TO U05-01.doc
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JORDAN
JONES &
GOULDING
3300 PGA Boulevard
Suite 780
Palm Beach Gardens, FL 33410
T 561.799.3855
F 561.799.6579
www.jjg.com
October 11, 2007
Mr. Peter V. Mazzella
Deputy Utilities Director
City of Boynton Beach
124 East Woolbright Road
Boynton Beach, Florida 33435
RE: City of Boynton Beach West WTP - Phase IV Improvements
Task Order No. V05-0l for Construction Phase Services
Amendment No.2, Compensation for Extended Contract Time
Dear Pete:
Thank you for the opportunity to submit Amendment No.2 to our Consultant Agreement for Engineering
Services for the West Water Treatment Plant Improvements - Task Order No. D05-0l. This amendment
will provide additional compensation for construction administration/management and field inspection
services. Weare submitting this amendment due to the extended Contract Time. As part of Change
Order No.2, a Contract extension of 200 calendar days will be granted to the Contractor, Interstate
Engineering Corporation, due to delays in material delivery dates from the equipment manufacturers.
The Contractor's current substantial completion date is now December 28,2007.
Our proposal for additional construction administration/management (CNCM) and resident field
inspection is based on providing the same project team that is currently performing this work for an
additional 3-112 months. Our current task order under Amendment No. 1 will be complete in mid October
and we have estimated that the fmal completion and closed out by February 1, 2008. We have only
included full time resident inspection through November and then part time for the remainder of the time
until final completion. All other tasks included in the original Amendment No.1 will be extended for the
additional 3-112 month period.
As shown in the attached Construction Phase Services fee breakdown and Summary of Tasks and
Additional Hours table below, our proposed, not-to-exceed compensation for office management
construction phase services is $35,388.00. These services will be invoiced monthly on a time and
expense basis. The resident inspector services will be provided and will be invoiced monthly on a time
JORDAN
JONES &
GOULDING
Page 2
City of Boynton Beach
Amendment 2 - Construction Phase Services
West Water Treatment Plant Improvements
and material basis on a not to exceed total of $31 ,854.00. These two components together total a not-to-
exceed amount of $67,242.00.
Summary of Tasks and Additional Hours
1. General Administration
2. Shop Drawing Review
3. RFI's
4. Payment Applications
5. Change Orders
6. Site VisitslMeetings
7. Resident field inspection
20 hours
10 hours
20 hours
20 hours
92 hours
48 hours
400 hours
Total
610 hours
Please let me know if you have any questions or would like to discuss any scope items.
Sincerely,
;:)'wJNG,JNC.
Walter (Bud) Goblisch, P.E.
Attachment
cc: Kofi Boateng, P .E., Utilities Director, City of Boynton Beach
Chris Roschek, P .E., Engineering Division Manager
Approvals
Dated this ____ day of October, 2007.
City of Boynton Beach
Kurt Bressner
City Manager
Approved as to Form:
City Attorney
JORDAN
JONES &
GOULDING
Page 3
City of Boynton Beach
Amendment 2 - Construction Phase Services
West Water Treatment Plant Improvements
Jordan, Jones & Goulding
John Todd
Sr. Vice President
tt? r'
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VI.-CONSENT AGENDA
ITEM C.3
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
D September 4, 2007 August 20, 2007 (Noon) ~
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 16,2007 October I, 2007 (Noon
November 13, 2007
October 15,2007 (Noon)
C)
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November 20, 2007
November 5, 2007 (Noon)
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December 3, 2007
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November 19,2007 (Noon) N
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NATURE OF
AGENDA ITEM
D AnnouncementslPresentations
D Administrative
~ Consent Agenda
D Code Compliance & Legal Settlements
D Public Hearing
D City Manager's Report
D New Business
D Legal
D Unfinished Business
D
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RECOMMENDATION: Approve Resolution R-07
23rd A venue railroad grade crossing to Palm Beach County.
transferring local maintenance responsibility of the Southeast
EXPLANATION: At its May 15,2007 City Commission meeting, the City Commission considered a proposed resolution
with the Florida East Coa~t Railway Company (FEC)and the State of Florida that would require the City of Boynton Beach to
fund a portion of the signal maintenance and to mark and sign the pavement to advise motorists ofthe rail grade crossing. It
had been a long-standing practice that the City provided and funded these services.
City Staff recommended against approval of this resolution because SE 23rd Avenue is maintained by Palm Beach County and
not the City of Boynton Beach. The County receives gas tax dollars for maintenance such as this on its roadways. Local
Boynton Beach gas tax dollars are used to maintain our own local streets. The City Commission chose to not approve this
resolution and instead directed staff to secure County participation.
Subsequent to this Commission meeting, the City requested that Palm Beach County be party to the crossing license
agreement instead of the City of Boynton Beach. The County has agreed to do so and, at the request of the FEC, will be
approving its own resolution to assume responsibility for shared costs of signals and all costs of pavement marking and
signage. The FEC has requested that the City approve a similar resolution agreeing to transfer these responsibilities to the
County.
PROGRAM IMPACT: This resolution will eliminate City responsibility for any maintenance of the SE 23rd Avenue rail
grade crossing. This is a very good step towards reduction of external mandates for services by the City of Boynton Beach.
FISCAL IMP ACT: Staff estimates this action will save the City approximately $5,000 annually in the cost of signal and
marking / signage costs.
ALTE
~JLI,( tJodcs
~~~
City Manager's SIgnature
Assistant to City Manager CfW1./'
Department Name
S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC
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City Attorney / Finance
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RESOLUTION NO. R-07
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING AND AUTHORIZING THE
TRANSFER OF THE EXISTING LICENSE AGREEMENT
WITH THE FLORIDA EAST COAST RAIL WAY FOR THE
GRADE CROSSING AT SE 23RD AVENUE, WHICH IS
CURRENTLY HELD BY THE CITY OF BOYNTON
BEACH TO PALM BEACH COUNTY AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach is willing to transfer the License Agreement with
Florida East Coast Railway regarding the rail grade crossing at Southeast 23rd A venue to Palm
Beach County; and
WHEREAS, Palm Beach County wishes to accept the transfer of the License Agreement
for the Florida East Coast Railway crossing at Southeast 23RD Avenue (Crossing Number 272485-
X) from the City of Boynton Beach; and
WHEREAS, Palm Beach County agrees to fund the costs associated with the crossing
surface at Southeast 23Rd Avenue according to a new License Agreement with the Florida East
Coast Railway Company.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH FLORIDA:
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.
That the City Commission of the City of Boynton Beach approves and
authorizes transfer and Palm Beach County accepts the transfer of the License Agreement for the
S:\CA\RESO\SE 23RD AVE FEe AGMTDOC
1
Southeast 23rd Avenue crossing from the City of Boynton Beach to Palm Beach County along
with the associated costs.
Section 3.
That this Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this _ day of November, 2007.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
Attest:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
S:\CA \RESO\SE 23RD AVE FEC AGMT.DOC
2
10/16/200i 11:55 FAX 5612i61365
PBC SO CTY COMPLEX
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IIDDIE L, G.RBBNE
Commissioner, Distn'ct VII
.
Palm Beach CDunty
Board of Counry Commissioners
Governmental Center. 12" Floor
301 North Olive Avenue
West Palm Beach, Florida 33401
(561) 355-2207
Fax: (561) 355,6332
vSouth Office:
Southe<%$! County Complex
:545 Congress Avenue
De/ray Beach. Flon'da 33445
(561) 276,1350
Fax: (561) 276,/365
agreene.@co.palm-beachfl.11S
-An EqUal Oppo~runicy
IVfirmat:iv~ A~rlDn EmpID;I<!r-
~\(OLc)-,",p \ 1...- I ,0"\
RECEIVED
PUBUC WORK;;
October 5, 2007
Honorable Jerry Taylor, Mayor
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, FL 33435
RE: Federal East Coast Railway,:SE 23rd Avenue Maintenance Fees
Dear Mayor Taylor:
This is in response to your letter concerning Palm Beach County's position on the
above referenced topic.
Pursuant to your request, Palm Eeach County is working on obtaining an
agreement with Florid~ East Coast (iFEC) Railway. However, the FEe requires c
resolution from both Palm Beach County and the City of Boynton Beach that
would transfer the license agreem,ent currently maintained by the City to Palm
Beach Connty. Once the resolution is received and approved by the Department
of Transportation, an agenda item will be prepared and added to the Board of
County Commissioners agenda for approval.
Again, thank you for your letter. The inner workings of government and its
complexity in handling a wide gamut of public issues necessitates the need for
continued intergovernmental cooperation between City and County government
entities. Therefore, if I may be of further assistance, please do not hesitate to let
me know.
Sincerely,
(UJ3;." ~ tI~
Addie L. Greene, Commissioner/Chairperson
Palm Beach County Board of County Commissioners
ALG:gw
RECE!\/ED
Cc: Bob Weisman, County Administrator
George Webb, County Engineer
I ~-"~-'--~--I
I OCT 1 6 2007 '
I 1
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September 6, 2007
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The City a/Boynton Beeu:h
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: bressnerk@ci.boynton-beach.f1.us
www.boynton-beach.org
Honorable Addie Greene, Chair
PBC Board of Commissioners
P. O. Box 1989
West Palm Beach, FL 33420-1989
RE: Federal East Coast Railway, SE 23rd Avenue
Dear Commissioner Greene:
On May 22, 2007, I sent to you a letter (copy attached) outlining the City's position
related to County policy for funding rail grade crossing improvements. As of this
writing, I have not received a County response. I am concerned that funding to repair
the SW 23rd Avenue crossing may be reassigned to other locations if a response is not
provided to the Florida Department of Transportation.
I would appreciate learning Palm Beach County's position on this topic and look
forward to a response.
Thank you for your attention to this matter.
Sincerely,
C: Kurt Bressner, City Manager
Jeff Livergood, Public Works Director
Lauren A. Rand, F.D.O.T. Multimodal Coordinator
Robert Weisman, PBC Administrator
1?1Er~8\~~'D-1
1-....-..-----1 !
. ! i I
i I S E P - 7 2007 i !
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Attachment
REri:IVEo--l
I---i \
I \ MAY 2 4 2007 1 \
1\ \ \ i
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The City of BOYDtoll Beach
OFFICE OF THE CITY COMMISSION
Mayor Gerald Taylor
VIce Mayor Jose A. Rodriguez
Commissioner Mack McCray
Commissioner Carl McKoy
Commissioner Ronald Weiland
100 E Boynton Beach Boulevard
P.D. Box 310
Boynton Beach Florida 33425-0310
City Managers Office: (561) 742-6010
FAX: (561) 742-6011
www.boynton-beach.org
May 22, 2007
Honorable Addie Greene, Chair
Palm Beach County Board of Commissioners
P. O. Box 1989
West Palm Beach, FL 33420-1989
Re: Federal East Coast Railway, SE 23rd Avenue
Dear Commissioner Greene:
At the May 15, 2007 Boynton Beach City Commission Meeting, the City Commission
defeated a proposal by the State ofFlodda to participate in an agreement with the Florida
Department of Transportation and the Florida East Coast Railway (FEC) for the purpose of
constructing new automatic grade crossing signals. The agreement contemplated that the
State would fund the construction of the signal and the City would share in the future
maintenance cost of the signals. Furthermore, the initial request by the State was for the
City to maintain pavement signing and marking on SE 23rd Avenue as well.
The City chose to not approve this agreement because SE 23rd Avenue is a right of way
that is maintained by Palm Beach County. Therefore, the City believes that it is appropriate
for Palm Beach County to be signatory to this document rather than the City.
City of Boynton Beach staff had been advised that the County does not participate
financially in circumstances such as this when the County highway falls within an
incorporated boundary of a municipality. I would appreciate knowing if this was an
administrative or legislative directive so that we can be better informed when situations
similar to this arise in the future. Or, if you have a standard policy that addresses these
types of matters, I would appreciate receiving a copy of it so that I can inform our staff.
/ ~ {/-'
-2-
The estimated local share to the County to participate in this agreement is approximately
$3,200 for this crossing which is classified as a Type III crossing by the State. However,
please know that cost was not the determining factor that caused our City Commission to
turn down the State's request. Rather, we believe that the County has a fundamental
responsibility to use its gas tax resources for maintenance of essential infrastructure on
County Highways instead of requiring local municipalities to absorb these responsibilities
and costs for streets that are not their lawful responsibility to maintain nor from which
municipal gas tax revenues are generated.
In summary, the State is willing to spend nearly $200,000 to replace the automatic grade
crossing hardware on the FEC crossing on SE 23rd Avenue in the City of Boynton Beach. I
am hopeful that Palm Beach County will reconsider its policy by agreeing to substitute for
the City of Boynton Beach in the proposed agreement (copy attached) so that this valuable
work can be constructed.
Sincerely,
~ ~,./- /"
, (.",,--
:< '/:' -/
/ ..0,-vtr i 1.i ,l/).
fl rry 17aylo -
LMayor !
.J
XC: Kurt Bressner, City Manager
Jeff Livergood, Public Works Director
Lauren A. Rand. F.D.O.T. Multimodal Coordinator
Robert Weisman, PBC Administrator
A}.IERICA 'S GATEn~41~ TO THE GULFSTREA1lI
VI.-CONSENT AGENDA
ITEM C.4
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
REVISED
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
0 September 4, 2007 August 20, 2007 (Noon) rgJ November 13,2007 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 3, 2007 November 19,2007 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM rgJ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Approve and execute, via a Resolution, the 2nd amendment of the lnterlocal Agreement
between Palm Beach County and the City for funding of construction of the replacement of the Wilson Center,
extending the project completion date to March 31, 2008,
EXPLANATION: The lnterlocal Agreement with Palm Beach County for funding of the Wilson Project was
ratified in August 2004. At that time, the City agreed to complete the project by August 2007. As a result of the
theft of copper conduit from the building and the loss of some work days due to rain, the City granted an
extension to West Construction to complete the project by December 17, 2007 in order to meet the time
extension deadline of March 31,2008 with Palm Beach County per the 2nd amendment to the lnterlocal
Agreement. Consequently, as per the lnterlocal Agreement, the City requested and was granted permission to
extend the project completion and to modify the lnterlocal Agreement accordingly from Palm Beach County.
PROGRAM IMPACT: None. This action simply allows us to be consistent with requirements established as part
of the lnterlocal Agreement
FISCAL IMPACT: N/A
ALTERNATIVES: Do not approve amendment to the agreement.
~~ ------------
~ Department Head's Signature
City Manager's Signature
Assistant to City Manager ~/
City Attorney / Finance
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
1 RESOLUTION R07-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND DIRECTING THE
5 MAYOR AND CITY CLERK TO EXECUTE A SECOND
6 AMENDMENT TO AGREEMENT BETWEEN PALM
7 BEACH COUNTY AND THE CITY OF BOYNTON
8 BEACH FOR FUNDING OF THE RECREATION
9 CENTER AT WILSON PARK; AND PROVIDING AN
10 EFFECTIVE DATE.
11
12 WHEREAS, on August 16, 2004, the City of Boynton Beach and Palm Beach
13 County entered into an Agreement to provide funding in an amount up to
14 $1,000,000.00 for funding of the Wilson Park Recreation Center for the period August
15 16,2004 through August 16,2007; and
16 WHEREAS, in July, 2007, Palm Beach County and the City of Boynton Beach
17 agreed to extend the completion deadline until December 31, 2007; and
18 WHEREAS, the purpose of this Second Amendment to the Interlocal
19 Agreement is to allow for additional project completion time for construction of the
20 Wilson Park Recreation Center project.
21
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
22 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
24 as being true and correct and are hereby made a specific part of this Resolution upon
25 adoption hereof.
26
Section 2.
This Commission does hereby authorize and direct the Mayor
27 and City Clerk to execute a Second Amendment to Agreement between Palm Beach
28 County and the City of Boynton Beach to extend the project completion date for the
S:\CA \RESO\Agreements\Interloca1s\Interlocal- Wilson Recreation Amd 2.doc
1
construction of Wilson Recreation Center to March 31, 2008.
2
Section 3
That this Resolution shall become effective immediately upon
3
passage.
4
PASSED AND ADOPTED this _ day of November, 2007.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23 ATTEST:
24
25
26
27 Janet M. Prainito, CMC
28 City Clerk
29
30
31 (Corporate Seal)
32
33
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA \RESO\Agreements\Interlocals\lnterlocal- Wilson Recreation Amd 2.dec
SECOND AMENDMENT TO AGREEMENT BETWEEN
PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR FUNDING OF THE
RECREATION CENTER AT WILSON PARK
THIS SECOND AMENDMENT TO AGREEMENT (R- 2004-1761) is entered into on ' by
and between Palm Beach County, a political subdivision of the State of Florida, hereinafter referred to as
"COUNTY", and the City of Boynton Beach, a corporate body politic pursuant to the Constitution of the State of
Florida, hereinafter referred to as "MUNICIPALITY".
WIT N E SSE T H:
WHEREAS, on August 16, 2004, COUNTY entered into an Agreement with MUNICIPALITY (R-2004-
1761) to provide funding in an amount up to $1 ,000,000 for funding of a the Wilson Park Recreation Center for
the period August 16,2004, through August 16, 2007; and
WHEREAS, on July 10, 2007 COUNTY entered into a First Amendment to Agreement to allow for a
time extension of the Agreement until December 31, 2007, to complete construction of the Wilson Park
Recreation Center project; and
WHEREAS, COUNTY desires to allow for additional project completion time for construction of said
project, which will benefit all citizens of Palm Beach County; and
WHEREAS, the parties desire to amend the Agreement.
NOW THEREFORE, the parties hereby agree as follows:
1, Section 2,06 of the Agreement, as amended shall be amended by deleting "until December 31,
2007", and inserting "until March 31, 2008" in its place.
2. Except as provided herein, each and every other term of the Agreement, as amended, shall remain
in full force and effect and the Agreement is reaffirmed as modified herein.
IN WITNESS WHEREOF, the parties, by and through their duly authorized agents, have hereunto set
their hands and seals on the date indicated above.
ATTEST:
SHARON R. BOCK, CLERK &
Comptroller
PALM BEACH COUNTY, FLORIDA, BY
ITS BOARD OF COUNTY COMMISSIONERS
By:
Deputy Clerk
By:
Commissioner Addie L Greene, Chairperson
ATTEST:
CITY OF BOYNTON BEACH
By:
By
Mayor
City Clerk
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
By:
County Attorney
City Attorney
APPROVED AS TO TERMS AND CONDITIONS
By:
Dennis L Eshleman, Director
Parks and Recreation Department
IX. - CITY MANAGER'S
REPORT
CITY OF BOYNTON BEACH ITEM 0
AGENDA ITEM REQUEST FOm_
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Date Final Form Must bc Turncd
in to City Clerk's Office
Requested City Commission Datc Final Form Must bc Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
D April 17, 2007 April 2, 2007 (Noon.) 0 June 19,2007
0 May 1, 2007 April 16,2007 (Noon) 0 July 3,2007
~ May 15, 2007 April 30,2007 (Noon) D July 17,2007
D June 5, 2007 May 14, 2007 (Noon) 0 August 7, 2007
June 4,2007 (Noon)
June 18,2007 (Noon)
July 2, 2007 (Noon)
July 16,2007 (Noon)
NATURE OF
AGENDA ITEM
D AnnouncementslPresentations
D Administrative
o Consent Agenda
o Code Compliance & Legal Settlements
o Public Hearing
~ City Manager's Report
o New Business
o
D
o
Legal
Unfmished Business
RECOMMENDATION: The State of Florida has requested City approval of the attached agreement that provides for
certain funding and maintenance responsibilities associated with construction of new signal hardware at the Florida East Coast
Railway grade crossing on SE 23rd Avenue. Staff recommends that the City Commission not approve this agreement.
EXPLANATION: For many years, Cities have entered into agreements with the railroads and/or the State of Florida (State)
concerning the construction and maintenance of at-grade highway rail crossings. For example, the City has long teIDJ
agreements with the Florida East Coast Railway (FEe) for the maintenance of grade crossings (street pads) as well as for
maintenance of crossing signal hardware.
The State and the FEC are once again contemplating an agreement whereby the grade crossing signals on the FEC line at SE
23rd Avenue will be constructed. The agreement primarily defines the tenns between that the State and the FEC such that the
crossing signals will be constructed by the FEC at State expense. The State submitted the attached agreement to the City for
review in October of 2006 because the State and FEC are once again requesting that the City be a party to this agreement. In
particular, the City was requested to fund and/or provide the following services:
1. The City of Boynton Beach was requested to ensure that" the crossing advance warning signs and railroad crossing
pavement markings will conform to the U.S. Department of Transportation Manual on Uniform Traffic Control
Devices within 30 days of notification that the railroad signal improvements have been completed and that such signs
ad pavement markings will be continually maintained at an acceptable level", and
2. The City of Boynton Beach was requested to fund 50% of the maintenance expense of the SIgnal hardware
City staffhad serious concerns regarding the above encumbrances upon the City with respect to this crossing. Of significance
is the fact that SE 23rd Avenue is a County maintained highway. Therefore the City has no lawful right to install or maintain
traffic control signs and markings as were required in item number one above. Therefore, City staff advised that the State that
this matter could not be forwarded to the City Commission for ratification. Furthermore, staff questioned whether the City
should have any responsibility for maintenance expense because Palm Beach County maintains SE 23rd Avenue.
In response to City staff concerns, the State liaison on this project contacted Palm Beach County Staff and was able to procure
a letter from the Connty acknowledging that the County will asswne full responsibility for maintaining the signs and markings
necessary to warn motorists of the highway rail grade crossing. The State was unable to amend the text of the agreement to
delete paragraph four that requires the City to maintain these appurtenance because the agreement is comprised of standard
language Statewide and any modification could compromise the State's abiliry to maintain standard language. The State was,
on the advice of their Counsel, able to insert a new paragraph nwnber 24 that refers to correspondence from the County dated
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
March 12,2007, wherein the County acknowledges its responsibility to maintain the signs and pavement markings on SE n,d
Avenue. Therefore, issue #1 identified by staff above has been addressed.
City Staff continues to have reservations regarding issue number 2 raised above. To explain Staff concerns some background
regarding the funding of highway maintenance is in order. Both County and City units of government are allocated gas tax
dollars to be used for maintaining public highways. These dollars are to be used to fund all aspects of right of way and
highway maintenance necessary to accommodate safe and reasonable through traffic movement. Gas tax dollars are allocated
according to several formulas, however the basic premise for allocation is consistent in that funding is allocated to Counties
and Cities based upon the number of highway lane miles each agency is responsible for. Essentially, the larger number of
miles that an agency is responsible to maintain, the higher level of funding that agency will receive.
In this scenario, the County receives all the gas tax allocation for the maintenance of SE 23rd Avenue and the City receives
nothing. During City Staffs discussions with the State, Staff advised the State that it was not appropriate for the City of
Boynton Beach to fund 50% of the maintenance of the signal hardware of SE 23rd because this roadway is maintained by Palm
Beach County and not the City of Boynton Beach. The State attempted to have this language amended to require the County
to be responsible for 50% of the signal hardware maintenance expense but the County declined to participate in this expense
despite the fact that SE 2yd Avenue is a County highway and the County receives gas tax dollars to maintain the street for
through traffic. It is the County's position that because this crossing falls within the corporate limits of the City of Boynton
Beach that the City should be responsible for shared expense to maintain the signal hardware and not the County. Ironically, if
this crossing were located on a County highway in an unincorporated area, the County would absorb the shared expense of
signal hardware. The County has a similar approach to funding streetlights and medians on County highways in Cities and
unincorporated areas.
The issue for City COImnission consideration is not necessarily one of cost. Frankly, the City share of annual maintenance
expense of new signal hardware would likely be less than $5,000 if the Commission approved this agreement. The real issue
is related to highway jurisdiction and the use of gas tax dollars. City Staff believes that Palm Beach County should be
responsible for all shared costs with the State and FEC related to the SE 23rd Avenue rail crossing because this crossing
supports continued though traffic movement on SE 23rd Avenue, a County highway.
Staff recommends that the City Commission not approve this agreement and instead request that the State seek County
participation in the shared maintenance expense of the signal hardware. Of course, the County could continue to only fund
rail crossings by policy in the unincorporated areas and this could lead to closure of the SE 23 rd A venue Crossing.
PROGRAM IMP ACT: NA
FISCAL IMP ACT: If approved the agreement would require an expense estimated at $5,000 per year funded [rom local
options gas taxes.
Approve the agreement and fund the required maintenanc~ penses in lieu of the County providing
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City Manager's Signature
Assistant to City Manager ~_
Public Works / Engineering
Department Name
City Attorney / Finance
S:\BULLETfN\FORMS'AGENDA ITEM REQUEST FORM.DOC
VI.-CONSENT AGENDA
ITEM D.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Fonn 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
D ~ 13
September 4, 2007 August 20, 2007 (Noon) Novembe:p007 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)
D Announcements/Presentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM ~ Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDA nON:
Return cash bond of $32,696.40 to Stiles Construction Company for the project known as the Children's Services Council.
EXPLANATION:
On June 26,2007, the Building Division sent to the Finance Department a cash bond of $32,696.40 for the completion of the
permitted work for the project known as the Children's Services Council located at 2300 High Ridge Road. The work has
been completed and the Certificate of Occupancy was issued on October 1,2007.
PROGRAM IMP ACT: None
FISCAL IMPACT: None
ALTERNATIVES: None
Quint'" L~t Di"dm
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Development Department
Department Name
Assistant to City Manager
~ City Attorn,y / Finane,
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liSTILES
CONSTRUCTION Co.
October 3, 2007
300 S.E. 2nd Street
Ft. Lauderdale, Florida 33301
954.627.9150
954,627.9174 Fax
CGC 028554
www.stiles.com
scc@stiles.com
Wayne Bergman
Chief Building Official
City of Boynton Beach
PO Box 310
Boynton Beach, FL 33425
Re: Children's Services Council, permit #06-1944, permit #06-3304
2300 High Ridge Road
Boynton Beach, FL 33426
Mr. Bergman:
On October 1, 2007, we received Certificate of Completion on Shell Permit #06-1944
and Certificate of Occupancy on Intelior Permit #06-3304.
We were granted Temporary Certificates of Occupancy on permit #06-3304, and #06-
1944, at which time Stiles provided 2 cash bonds for incomplete work. The cash bonds
were issued to the City of Boynton Beach by Stiles as follows:
$32,696.40 issued on June 26, 2007
$5,060.00 issued on July 9, 2007
The pending items cited on above referenced TCO' s has since been completed, resulting
in issued Certificate of Occupancy and Certificate of Completion. Please allow this letter
to act as request to City of Boynton Beach to reimburse Stiles for above cash surety
bonds.
Please call me at 954-309-6165 with any questions.
;;::;;;f!jJ;)
Michael Batisto
Project Manager
oo~@~uw~@
OCT a 3 2007
BUILDING DIVISION
EXHIBIT "A"
A Division of Stiles Corporation · A Full Service Real Estate Development Company
Fort Lauderdale. FL . Fort Myers. FL . Nashville. TN
CITY OF BOYNTON BEACH
P.O. BOX 310
BOYNTON BEACH FL 33425
C E R T I F I CAT E
o F
OCCUPANCY
Issue Date
10/01/07
Parcel Number
Property Address
08-43-45-16-32-000-0911
2300 HIGH RIDGE RD
BOYNTON BEACH FL 33426
Subdivision Name
Legal Description
QUANTUM PK AT BOYNTON BCH PL
8 LT 91 (LESS SLY 14.02 FT OF
ELY 280 FT & TRGLR PAR RD R/W
& ELY 31 FT OF S 251 FT SR 9
PLANNED INDUSTRIAL DEV.
Property Zoning
Owner . . . . .
CHILDRENS SERVICES COUNCIL
1919 N FLAGLER DR
WEST PALM BEACH FL 33407
Contractor
STILES CONSTRUCTION CO(ANZOVIN
Application Number.
Description of Work
Construction Type .
Occupancy Type
OCCUPANCY LOAD
AUTOMATIC SPRINKLER SYSTE
EDITION OF CODE
06-00003304 000 000
INTERIOR COMPLETION
TYPE III CONSTRUCTION
BUSINESS
100.00
YES
2001
SPECIAL CONDITIONS . . .
CHILDREN'S SERVICE COUNCIL
Building
L
Approved
VOID UNLESS SIGNED BY BUILDING OFFICIAL
The described portion of the structure has been inspected for
compliance with the requirements of the code for the occupancy
and division of occupancy and the use for which the proposed
occupancy is classified.
EXHIBIT "B"
DEP ARTMENT OF DEVELOPMENT
BUILDING DIVISION
MEMORt\NDUM NO. 07-058
TO:
Bill Mummert, Director of Finance
William C. Bucklew, Building Official ~
DA TE: June 26, 2007
FROM:
SUBJECT: CASH BOND - CHILDREN'S SERVICES COUNCIL - 2300 HIGH RIDGE RD.
Attached is a Cashier's Check for $32,696.40 from Stiles Corporation. This is a cash surety for Children's
Services Council and is to be held until all outstanding issues of their temporary Certificate of Occupancy
are completed. This should occur within 30 days.
Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Occupancy,
the surety will be returned.
WCB:rs
Attachmentslletter from Jeffrey L. Peal and check
XC: Permit File # 06-3304
EXHIBIT "C"
S:\Development\BUILDfNG\Memos\Cash Bonds - FY 2007\Childrens Svc Council 06-3304,doc
BankDf America ~
M5714859
Cashier's Check
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CITY OF BOYNTON BEACH
Boynton Beach, Florida
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EXHIBIT "D"
A~Fii1~U}l. ~+"o ~'-
Jeff Pee
nr::::::sicie '~-
June 1 L 2007
Pete Daltne
\/I::e PreSICJe'
Chris Mille
City of Boynton Beach
Building Department
100 East Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, Florida 33425-0310
4,SSOCICif
Re: Bond Certification Letter for
Children's Services Council
2300 High Ridge Road
Boynton Beach, FL 33426
To Whom It May Concern:
The General Contractor, Stiles Construction, has agreed to furnish a bond covering the faithful
performance of work as described in the attached schedule of values.
I have reviewed the schedule and certify, to the best of my knowledge and ability to determine
that the values specified are an accurate account in today's market standards. Please accept this
letter of certification and grant the bond issuance.
Should you have any questions or concerns, please do not hesitate to contact the undersigned.
JLP/msd
\childrensservicescounciI\bJdgdeptltr06.1 J .07
EXHIBIT "E"
300 S.t. 2nd Street. Fort Lauderdale, Florida 33301-1907
(954) 627-9180 . FAX (954) 627-9189 . EMAIL arch@stilescolTI
p. Oivlsion of Stiles Corporation / .A Full Service Real ESTate Deveiopmert Compc~./
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM E.'
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
0 August 21, 2007 August 6, 2007 (Noon.) D
0 September 4, 2007 August 20, 2007 (Noon) [?SJ
0 September 18, 2007 September 3,2007 (Noon) D
0 October 2, 2007 September 17, 2007 (Noon) 0
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
October 16, 2007
November~2007
October 1,2007 (Noon
October IS, 2007 (Noon)
November 20,2007
November 5, 2007 (Noon)
December 4, 2007
November 19, 2007 (No~~
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RECOMMENDATION: Accept a public status report on the results achieved by each program that received funding from
discretionary Community Investment Funds that are available to each City Commissioner during the budget year.
D Anno uncementsIPresentations D
NA TURE OF D Administrative D
AGENDA ITEM ~ Consent Agenda D
D Code Compliance & Legal Settlements D
D Public Hearing 0
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City Manager's Report
New Business
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Legal
Unfinished Business
EXPLANATION: The City Commission approved a requirement of mandatory post expenditure reporting for all
organizations/grantees that have received discretionary funds. This will ensure accountability and proper usage of donated
funds. At the request of Commission, staff has been tracking and recording the amount of funds dispersed, and an accounting
of expenditure of funds by each organization (see attached Exhibit A).
PROGRAM IMP ACT: Organizations that do not return a completed Discretionary Funds Accountability Form (see attached
Exhibit B), or that have not responsibly utilized funds according to their initial request, may not receive additional funding in
future budget years.
FISCAL IMPACT: (Include Account Number where funds will come from) 001-1110-511-95-47
Funds are budgeted for Community Investment to assist in defraying program costs, and allocation of funds is subject to
Commission approval.
ALTERNATIVES: Not to accept report.
~tu2~
Department Head's Signature
City Manager's Si nature
Assistant to City Manager ~
Department Name
City Attorney / Finance
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EXHIB IT B
The City of Boynton Beach
OFFJ('jIJ OF '1'111'; err}' j\lA-NAURU
100 E. lJO L\"J'O S lJRA ('II lJO CLET.I a f)
p, o. nox :n 0
no LV'J'OS JJ1~:1(,lI, J.'LOUlIJ.1 :1842.)-0:110
(TIT MASAOE/?'S OFVI(,I~': (5(;]) 742-()()10
FAX: (;')0]) 742-001 1
E'-Mclll,: lJUJ.;SSJVEH.I,@('J.lJO}-,\"J'OS-
]]/;.'.-1 ('I I. FL. l '.S
II' 1l'1l'. no} -.\''J'os-n1-:A ('Il. oa(;
Date
Organization Name
Address
Attn:
Dear
Over the past 24 months your organization has received
discretionary funds from the Boynton Beach City Commission.
dollars in
In
The City Commission approved a requirement of mandatory post expenditure reporting for
all organizations/grantees that have received discretionary funds. This will ensure
accountability and proper usage of donated funds. Failure to adhere to this requirement
may result in your not receiving future funding.
Please fill out the attached form and return in the enclosed envelope and return to Pam
Welsh, City Manager's Office, City of Boynton Beach, P.O. Box 310, Boynton Beach,
Florida 33425-0310. If you have any questions concerning this new requirement for
receiving discretionary funding, please do not hesitate to contact me.
Thank you for your assistance.
Sincerely,
Kurt Bressner
City Manager
A1trERICA'S GATEWA r TO 1WE GULFSTREA"U
CITY OF BOYNTON BEACH
DISCRETIONARY FUNDS ACCOUNTABILITY FORM
Organization Name:
Amount Received:
ProgramlEvent:
ProgramlEvent Date:
Number of Boynton Residents Attended:
Describe How Discretionary Funds Were Used:
Please return this form in the enclosed envelope as soon as possible.
VI.-CONSENT AGENDA
ITEM F
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to 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
D September 4, 2007 August 20, 2007 (Noon) ~ November 13, 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)
D Announcements/Presentations D City Manager's Report
NATURE OF D Administrative 0 New Business
AGENDA ITEM ~ Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDA TION: Motion to approve the naming of the southeast neighborhood park to the "Betty Thomas
Neighborhood Park" and allow a brief public comment period prior to the final vote.
EXPLANATION: As per City Ordinance # 06-078, the City Commission approved the initiation of the process to
name the southeast neighborhood park in honor of Betty Thomas at the June 19,2007 Commission meeting. At
the July 17,2007 Commission meeting, the City Commission appointed a five (5) member advisory committee to
review the proposed naming. On August 9,2007, the advisory committee unanimously agreed to name the
southeast neighborhood park, the "Betty Thomas Neighborhood Park." There have been no other nominations
for the naming of this park.
PROGRAM IMP ACT: Based upon the comments from the advisory committee, by naming the park after Ms.
Betty Thomas, the city will be exemplifying Ms. Thomas' dedication to her students and community children, her
extensive historical local knowledge, and her support of education and parks & recreation.
FISCAL IMPACT: $5,000 to purchase the sign for the park (Acct. # 302-4298-580-63-05)
ALTERNATIVES: Do not approve the naming of the park after Betty Thomas.
~
City Manager's Signature
Assistant to City Manager ~
Department Name
City Attorney / Finance
S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC
~
VI.-CONSENT AGENDA
ITEM G.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Citv Clerk's Office Meeting Dates in to City Clerk's Office
D August 21, 2007 August 6,2007 (Noon.) D October 16, 2007 October 1,2007 (Noon
D September 4, 2007 August 20,2007 (Noon) cg] November 13,2007 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 3, 2007 November 19,2007 (Noon)
D Announcements/Presentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM cg] Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Authorize the use of$500.00 for Galaxy Elementary School from Mayor Taylor's Community
Investment Funds.
EXPLANATION: Commission approval is requested for allocation of$500.00 to Galaxy Elementary School to assist in
rewarding students for their academic and behavioral successes with Pep rallies, FCA T rallies. To continue to foster
community and student programs to boost student achievement and help defray cost of Thanksgiving celebration.
PROGRAM IMPACT: Allocation of funds will assist the above programs.
FISCAL IMPACT: (Include Account Number where funds will come from) 001-1110-511-95-47
Funds are budgeted for these types of activities. Each Commissioner has $10,000 in Community Investment Funds to allocate
subject to Commission approval.
AL TERNA TIVES: Decline to authorize the requested use.
Department Head's Signature
~C' M ' S' ~
Ity anager signature
Department Name
Assistant to City Manager
d-4-oI~v~
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: November 8, 2007
Requested by Mayor/Commissioner: Mayor Taylor
Amount Requested: $500.00
Recipient/Payee: Galaxy Elementary School
Description of project, program, or activity to be funded: Reward students for their academic
and behavioral successes with Pep rallies, FCA T rallies to continue to foster community and
student programs to boost student achievement and help defray cost of Thanksgiving
celebration.
Dated: ! 1/ f' JD0
By: ~~ wd-L
Part II-Availability of funds (to be completed by the Finance Director)
The annual appropriation of funds available to the requesting Member of the Commission
listed above is $10,000. $0 has been used to date by the requesting Member, leaving a
balance of available funds of $1 0,000. This request would bring the available amount down
to $9,500.
Accordingly:
~There are funds available as requested
o There are insufficient funds available as requested.
BY.~~ot V~
inance DIrector
fI /Y/61
,
Dated:
Part 111- Eligibility Evaluation (to be completed by City Manager)
Dated:
r/ The proposed expenditure of funds will not result in improvement to private
property;
ri/ The recipient/payee provides services within the City of Boynton Beach;
o The project, program or activity which is being funded will occur in the City
of Boynton Beach and participation is open to all residents of the City; and
~Proper safeguards will be implemented to assure that the public funds being
appropriated will be used for the stated purpose.
\1-8-61 BY.~
City Manager
S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05-
06.doc
Laura M. Riopelle
Principal
LaToya Dixon
Assistant Principal
Galaxy Elementary School
"Where all children learn and achieve"
November 2, 2007
Mayor Jerry Taylor
City of Boynton Beach
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, FL 33425-0310
Dear Mayor Taylor:
We are writing to you on behalf of the students at Galaxy Elementary School. As you know, we
are an urban Title I school in downtown Boynton Beach. Many of our students come from lower
socio-economic backgrounds and, as such, do not have many of the advantages that students
at other more affluent schools have. Even with this adversity, the students of Galaxy have
earned our school an "An rating for the past school year.
We are very proud of our students' high achievement here at Galaxy Elementary, despite the
obstacles, and want to encourage them to maintain their academic standing. One way in which
we would like to achieve this is to reward our students for their academic and behavioral
successes. Pep rallies, FCA T rallies, and other types of programs all lend themselves to this.
We also want to continue to foster community and student programs in order to boost student
achievement. Our family Thanksgiving celebration will serve to do this.
However, in order to achieve these goals, we need your assistance. Our funding from the
district is severely limited and recent budget cuts will only serve to decrease this money. We
are asking for help or donations in purchasing some of the rewards for above programs as well
as items for our Thanksgiving celebration.
Thank you for your time and generosity. On behalf of the students and staff at Galaxy
Elementary School, we hope to hear from you soon.
Sincerely,
T2.~1J;;I~'~
Principal
rJ?~M~
La T oya Dixon
Assistant Principal
301 Galaxy Way, Boynton Beach, Florida 33435 · (561 )739-5600 · Fax (561 )739-5650
VI.-CONSENT AGENDA
ITEM H.
~
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
0 September 4, 2007 August 20, 2007 (Noon) 1:8] November 13,2007 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 3, 2007 November 19,2007 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 1:8] Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Authorize the use of$500.00 for The Dancer's Alchemy from Mayor Taylor's Community
investment Funds.
EXPLANATION: Commission approval is requested for allocation of$500.00 to The Dancer's Alchemy to aid in financing
costuming, transportation, education and workshops for this season of performances.
PROGRAM IMPACT: Allocation of funds will assist the above programs.
FISCAL IMPACT: (Include Account Number where funds will come from) 001-1110-511-95-47
Funds are budgeted for these types of activities. Each Commissioner has $10,000 in Community investment Funds to allocate
subject to Commission approval.
ALTERNATIVES: Decline to authorize the requested use.
-4dd ~::~jr-
Department Head's Signature
Department Name
ot. :;;~:::Manog"
. City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: November 8, 2007
Requested by Mayor/Commissioner: Mayor Taylor
Amount Requested: $500.00
Recipient/Payee: The Dancer's Alchemy
Description of project, program, or activity to be funded: Allocation of funds will assist in
financing costuming, transportation, education and workshops for this season of
performances.
Dated: )111/00
By: /~h7" Lt.-/ ktL
Part II-Availability of funds (to be completed by the Finance Director)
The annual appropriation of funds available to the requesting Member of the Commission
listed above is $10,000. $500.00 has been used to date by the requesting Member, leaving a
balance of available funds of $9,500. This request would bring the available amount down to
$9,000.
Accordingly:
~re are funds available as requested
o There are insufficient funds available as requested.
Dated: 1/1'6/01 By: ~"'"'~ V~
inance Director
Part 111- Eligibility Evaluation (to be completed by City Manager)
;6" The proposed expenditure of funds will not result in improvement to private
property;
~ The recipient/payee provides services within the City of Boynton Beach;
o The project, program or activity which is being funded will occur in the City
of Boynton Beach and participation is open to all residents ofthe City; and
.xf Proper safeguards will be implemented to assure that the public funds being
appropriated will be used for the stated purpose.
Dated: 1/-- f - 0 7
By 1f",;f ~-t/Y-
Ity Manager
S:\City Mgr\Administration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05-
06.doc
THE DANCER'S
ALCHEMY
SOUTHERN DANCE
T
H
E
A
T
R
E
&
C
O.
The Dancer's Alchemy, Inc.
A non-profit organization promoting
the Art of Dance in the community
140 North Congress Avenue #8B
Boynton Beach, FL 33426
561.736.9097
Dear Business Owner / Personal Friend,
The Dancer's
Alchemy is a non-
profit organization of
diverse professionals
and youth, united to
raise funds for the
development of
community based
programs. Utilizing
the performing art
and education of
dance as a tool,
Dancer's Alchemy
promotes the many
attributes dance has
to offer all people,
not only artistically and visually, but intellectually
and physically as well.
Our goal is to make our community more aware
of the Arts and the huge impact the Arts have on
developing successful, well rounded, young
individuals. The dancers contribute to the
education of others through their entertainment
and demonstrations, in hopes of producing
lifetime supporters of the Arts. They also inspire
people to study dance as a recreation, creative
outlet or serious career goal.
Dancers are required to maintain a high grade
point average in school as well as attend dance
classes to perfect their art. They serve the
community on average of 50 - 70 hours per
season. These young dancers will make a positive
impact on the lives of many and also learn life
long lessons that cannot be taught in a
classroom.
I .".
2001 "c.~.~.",,' 200a~
\ fhe,V""""""H:dge-C~ I
"B~thetVream/'
The Dancer's Edge Company is comprised of
dancers ages 9 - 18, which the Dancer's Alchemy
Inc. will support with the help of donations from
area businesses, people and corporations
interested in supporting the Arts and recognizing
the merit of young people giving back to the
community.
Your donation will be tax deductible and will aid
. in financing costuming, transportation, education
and workshops for this season of performances.
In return for your generosity, sponsors of $50 or
more will be listed in the programs given at all
public appearances. For sponsoring the Dancer's
Edge Company and supporting The Dancer's
Alchemy, Inc. - thank you!
I,
(Name of Person Donating)
For the amount of:
o Diamond Sponsor:
o Platinum Sponsor:
o Gold Sponsor:
o Silver Sponsor:
o Bronze Sponsor:
o Other:
$ 500
$ 200
$ 100
$ 75
$ 50
$
Business Name:
Address:
*~e your check to: The Dancer's Alchemy, Inc.
Amount: Signature of Donor:
will sponsor C rtJ ; \ ~ \J f'~; I all (~
(Name of Dan r)
I want my name / my business name:
o Listed in the Dancer's Alchemy program
o Unlisted
* All donations are appreciated but donations under $50 cannot be listed
..........................................................................................................................................................................................................................................................................................
Name of Donor:
CUT lit RETAIN THIS PORTION FOR YOUR RECORDS
Amount:
My donation is in support of the Dancer's Alchemy, Inc., a not-for-profit organization dedicated to promoting the Art of Dance
through community based youth programs.
Tax identification number: 16-1620182
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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 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] 6, 2007 October 1,2007 (Noon
0 [8J I?
September 4, 2007 August 20, 2007 (Noon) November)': 2007 October ]5, 2007 (Noon)
0 September] 8, 2007 September 3,2007 (Noon) 0 November 20,2007 November 5, 2007 (Noon)
0 October 2, 2007 September ]7,2007 (Noon) 0 December 4,2007 November] 9,2007 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
[8J Public Hearing 0
RECOMMENDATION: Please place this tabled item on the November 13, 2007 City Commission Agenda under
Public Hearing. The Planning and Development Board on September 25,2007, recommended that the request be denied.
For further details pertaining to this request, see attached Department Memorandum No. 07-079.
EXPLANATION:
PROJECT:
AGENT:
DESCRIPTION:
Makrista Baby (ADAP 07-002)
Michael S. Weiner, Weiner & Aronson, P.A.
Request for appeal of the administrative determination that the subject use, Makrista
Baby, is not similar to a tailor and dressmaker, and therefore not an allowed use within
the C-l Office and Professional Commercial Zoning District.
C)
a
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PROGRAM IMPACT:
FISCAL IMP ACT:
ALTERNATIVES:
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a-,~
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De
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-
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irector
City Manager's Signature
Assistant to City Manager
~
/
/
Planning and Zonin
S :\Planning\SHARED\ WP\PROJECTS
ector City Attorney / Finance
akrista Baby ADAP\Agenda Item Request Makrista Baby ADAP 07-002 ] 0-16-07 .doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING
Memorandum PZ 07-079
TO:
Chairman and members
Planning & Development Board
Community Redevel~ent Agency Board
~) ,~~
Michael Rumpf l/JJ' .
Planning & Zoning Director
August 3,2007
FROM:
DATE:
RE:
Makrista Baby (ADAP 07-002)
Appealing administrative determination that use is not permitted in the C-l
Zoning District
BACKGROUND
On June 4, 2007, the city received a letter from Jason Mankoff, attorney with the firm of Weiner
& Aronson, P A representing a request for zoning detenllination, or alternatively stated, a
similarity of use request (see Exhibit "A"). More specifically, the letter requested that a business
named "Makrista Baby" be found similar to a tailor and dressmaker, which are personal services
listed as conditional uses under item "s" of Section 6.A. C-l, Office and Professional
Commercial District (see below).
"s. Barber shops, beauty salons, manicurists, tailors and dressmakers. *"
Based on this alleged similarity, Mr. Mankoffrequests that the subject use be construed as an
allowed use within the City's C-l, Office & Professional zoning district. Justifications provided
to support the request emphasized customer traffic and the principal business activity of altering,
adapting and embellishing clothing. It was also stated that the company's processes include using
digital photography and computer equipment to photograph or enhance the product line, which
would also be similar to another allowed use in the C-1 district, Photography studio services.
On June 15th, after conducting the appropriate review, staff replied in writing to the above-
described request (see Exhibit "BOO). Staff denied the request that the subject use be determined
similar to a tailor or dressmaker, based on the findings that the subject use possesses
characteristics that are clearly commercial in nature, and therefore would be categorized as a
retail and wholesale use accommodated by the City's commercial zoning districts rather than the
office and professional district.
In a letter dated June 27, 2007, Mr. Mankoff appealed the staff determination thereby requesting
that the matter be reviewed by the Boards and Commission (see Exhibit "C"). The City's Land
Development Regulations, Part III, Chapter 1.5, Section 4.1 (E)(3) provides for the review of
appeals of the decisions of an administrative official, by individuals who may be affected by any
decision of an administrative official interpreting any zoning ordinance. The only procedural rule
Makrista Baby (ADAP 07-002)
Page 2
stated in the LDRs is that the appeal be made within 30 days from the date of the administrative
action. The subject appeal has been filed consistent with this requirement.
FINDINGS AND ANALYSIS
The staff analysis on which the original determination was based, concentrated on the following:
1. The intent and nature of the C-1 zoning district;
2. The characteristics of the targeted personal services category; and
3. The predominant retail component of the subject business.
Section 6.A of the city's zoning regulations describes the intent of the C-1 zoning district to
". . . provide appropriate space for office and professional uses, located to provide ready access to
such services to alL". The C-l district includes the following uses (paraphrased):
churches pharmacies
financial institutions medical supplies
funeral homes (crematorium *) eyeglasses and hearing aids
government facilities professional and business offices
hospitals veterinary offices and clinics
doctors and dental offices nursery schools*
schools - restaurants ancillary to an office buildin.g*
tutoring for office occupations and barber shops, beauty salons, manicurists,
academics (>1,999 Sq.ft. *) tailors and dressmakers*
copying service and print shops dental labs*
photography studios services (excluding nursing homes
retail sales of supplies and accessories)
(Note: conditional uses are identified with the "*")
Intent and Nature of C-l Zoning District
The above table represents an array of use category that primarily involve office, professional
and medical businesses or facilities. Furthermore, it should be emphasized that those uses that
include retail sales as a principal use are directly related to the medical industry or provide a
related and necessary professional service such as that required in connection with the purchase
of eyeglasses or hearing aids. Such uses are limited to pharmacies, medical supplies, eyeglasses
and hearing aids. The list above also includes unique uses that are typically accommodated in
many zoning districts based on zoning practice, law and compatibility. Such uses are unique to
other uses and easily distinguished by performance, peak activity, and/or relationship with
patrons or employees of the other uses in the district.
In contrast, the C-2, Neighborhood Commercial district in the "zoning pyramid" is the first
district that introduces retail as a principal use. The first five use categories listed under the C-2
district involve merchandise that includes auto parts, camera equipment and supplies, furniture
and home furnishings, flowers, and bicycles. This zoning district also allows clothing, clothing
accessories and shoes if the store is less than 10,000 square feet. These and the remainder of uses
Makrista Baby (ADAP 07-002)
Page 3
allowed in the C-2 zoning district consist of retail sales as a principal use and have specific lines
of merchandise.
Characteristics of Personal Service Use CatelZorv
It is traditional and typical for uses such as barber shops and other "personal services" to be in
close proximity to business offices. This category also includes specialized services such as
tailors and dressmakers. Given the nature and characteristic of the category, to provide one-on-
one service to patrons, a "dressmaker" excludes larger-scale textile operations that are otherwise
limited to districts that allow manufacturing. The business within this personal service use group
provide services to individual customers as a principal use, and only sell retail products as
accessory to the principal use. Any equipment used by tailors and dressmakers are solely
intended for performing a service on the individual materials that are brought by the customer.
Makrista Babv - Retail Sales as Principal Use
In contrast, the Makrista Baby business, as described in Mr. Mankoffs letter dated June 4th, " is
a company whose primary business is that of a small children's clothing line". The customers are
described as "currently small, high-end children's boutiques across the country". This statement
also describes the operation as a wholesale business. According to the company's \veb site, the
product line consists of clothing intended for babies to toddlers (i.e. sizes zero (0) to 24 months),
and generally include "T"-shirts, "yoga" pants, leggings, bibs, cardigans "onesies" and hats. The
clothing is marketed with an artistic theme represented by different images, designed by the
merchants using elements such as animals, instruments, and foods. The clothing product is not
provided by the customer, but is the merchandise manufactured by the company. It is understood
that the clothing is manufactured offsite. Consistent with information provided in the website,
:t\1r. Mankoffs letter also describes the operation as follows: "They embellish already
manufactured articles of clothing by dying, adding heat pressed images to the fabric, or sewing
on patches.". Furthermore, the operation is described as using equipment that is typically a part
of light to heavy commercial operations allowed in the C-3, C-4 or M-l zoning districts.
The narrative provided above describes what is known typically as a boutique retailer, which
provides a special retail product unique to that provided by national or other large retailers.
Lastly, staff recognizes that it is common today for many uses to have increasing electronic
business using the internet. However, the subject business also accommodates walk-in
customers, and does not operate to reduce walk-in customers accordingly. Therefore, this review
has not accounted for "e-commerce" and any suggested reductions in site impacts or
performance.
CONCLUSIONS/RECOMMENDATIONS
Staffrecommends that the appeal be denied, and that the staff determination regarding the
dissimilarity between the proposed business and the use "tailors and dressmakers", as allowed m
the C-l Zoning District, be upheld. This recommendation is based, in part, on the following:
1. The subject use, Makrista Baby, consists of a principal use that is clearly a retail
operation marketing a product line consisting of baby and toddler clothing;
2. Except for commercial or industrial businesses, to accurately assess compatibility and
relationship with adjacent businesses, performance (i.e, type of patron or vehicle trafficl.
Makrista Baby (ADAP 07-002)
Page 4
and consistency with local zoning regulations, uses are evaluated primarily based on the
service or products provided rather than solely on the equipment or processes used;
3. The C-l zoning district is not intended for retail businesses except for those uses related
to the medical or health industry; and
4. There are other districts clearly intended for the subject use including the C-2, C-3, C-4
and PCD zoning districts.
Lastly, consideration should also be given to an inevitable consequence if this appeal is
approved. A finding of similarity between the subj ect use and C-l zoning district, could support
the approval of similar appeals subsequently filed, and ultimately weaken the definitions and
interpretations that differentiate the C-l zoning district from other districts that allow retail and
commercial uses. This action could affect use cornpatibility, availability of land for the intended
businesses and present a challenge to meeting the more intensive parking requirements for
retail/commercial uses.
MR
Attachments
S:\P]anning\SHARED\ WPIPROJECTS\Makrista Baby ADAP\staff report. doc
er, 8 F' , So. q;: D' 0 lie R 0' ., R c: f" R- ! R;\ !1f:l!J';)?--;~'_~--
"f~b,6".1b,n OF. '~'- , """'='V ,"t, F,!~, II :J,' IS i-'--'-~
I\TTORf\JEYS A.T LAW //0i'fJ..,_,/___~~~,<,,/:,- '" <-
The Clal-k House , ut:"" '- q.
102 NOlih Swinton f\venue
-:----.
Delray Beach, FL 33444 ~--.___ '/.3.C:._f...fLJI'I'\
Telephone: (561) 265-2666 -- ,-.(j
Telecopier: (561) 272-6831
E-maii: jmankoff@zonelaw.com
EXHIBIT A
._,.......
MICHAEL S. WEINER
CAROLEJ.ARONSON
JASON S. MANKOFF
KERRY D. SAFIER
SHAYNA M. REiTMAN
June 4, 2007
Via Hand Delivery
Mr, Michael Rumpf, Director
Planning and Zoning Department
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
!'--~..- ,
'-~ )/1 i81'
Re: Similarity of Use
Our File No.: MABA002
Dear Mike:
Pursuant to the City of Boynton Beach ("City") Code of Ordinances, we are
requesting a similarity of use within the C-1 Office and Professional Commercial District.
Within the C-1 zoning district, tailors and dressmakers are allowed as a conditional use.
This letter will explain why we believe the proposed use is similar to a tailor and/or
dressmaker.
Makrista Baby is a company whose primary business is that of a small children's
clothing line. The operations would be located at 230-236 SE 23rd Avenue. They
embellish already manufactured articles of clothing by dyeing, adding heat pressed
images to the fabric, or sewing on patches. They would also like to silk-screen images
onto the clothing through the utilization of a manual five (5) screen print machine.
The majority of the clients of Makrista Baby are currently small, high-end
children's boutiques across the country. Business transactions take place over the
internet and telephone. However, Makrista Baby would also like the opportunity to sell
items created directly to clientele, as would be the case with a tailor or dressmaker.
The operations would include digital photography and illustrations using both
cameras and computers, possibly of children in the Makrista Baby line of clothing.
Photography studio services and developing/finishing of customer film is 3 permitted
c:\rv'IAaAOC2\~elier Ie. rv11chael RUrllpf re SJilli:arity Of L!se. JunE- ~ 20C.7.:Jc,c
EXHIBIT A
r\t~r. f\~ike Rumpf
June 4, 2007
Page 2 of 2
use within the C-1 district. Thus, the activity of photographing children in their products
and creations is equivalent to this permitted use, as these photographs would not be
developed or sold for retail.
Makrista Baby is a specialized, low traffic, small business. Their activities are
similar to those of a dressmaker and tailor, as they are merely altering, adapting and
embellishing the clothing as it currently exists for specific clientele. Thus, the operations
of Makrista Baby should be permitted as a conditional use in the C-1 zoning district.
Additionally, if the similarity of use is granted, the use would still be subject to the
additional requirements for a conditional use, including approval by the appropriate City
Boards. This is simply small business owners wishing to conduct themselves in
accordance with the City ordinances, and thus are requesting a similarity of use in order
to do so.
V8i!rU'Y YDurs,
J&ankOff
! I
(I Q':c: Ms. Kristy Golden
I I Ms. Stacy Beck
I MichaeLS. Weiner, Esquire
- Shayna M. Reitman, Esquire
O\tv\ABA002\Leller 10 fvlicl,ael Rumpf re similarily of use. June 4 2007.doc
The City of Boynton Beacll
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6260
FAX: 561-742-6259
EXHIBIT B
www.boynton-oeach.org
June 15, 2007
Mr. Jason S. Mankoff
1 02 North Swinton Avenue
Delra)' Beach, FL 33444
Re: Similarity of Use - Malcrista Baby and tailor/dressmaker in C-l
Weiner & Aronson, PA file: M..:\BA002
Dear Mr. Mankoff:
Staff has reviewed your request to determine if the above-referenced use is similar to a tailor andior dressmaker,
allowing such use to be conditional in the C-l Zoning District pursuant to use item "s" within Section 6.A of the
City's Zoning Regulations. Item "s" is titled as follows:
"s. Barber shops, beaut}' salons, n1C1!1icurists, tailors and
dressmakers. *"
Although the subject use may use similar equipment as a tailor or dressmaker, the principal aspects of the
businesses being compared differ; tailors and dressmakers are classified as personal services whereas the subject
use is interpreted principally as a retail or wholesale operation, Although if the use "dressmaker" were listed
individually in the city's zoning regulations, and not defined otheTVirise, it could be construed as a retail/wholesale
business or even a manufacturing business. However, the "dressmaker", along with barber shops, beamy salons,
manicurists, alld tailors are "personal services". Although such businesses may sell some products, that
component would be ancillary to the principal service use.
The interpretation used in this reviev,' for the subject business has been based, in part, on the descriptions taken
from the web site for Makrista Baby. You will see from this narrative, that a retail product is the foundation fOT
this operation. This business provides a product, rather than a service. To support this position, excerpts frorr: the
subject web site have been included below:
Our garments are manufactured using only the highest quality fabrics and workmanship. 'We use only
ringspun 100% cotton yarns, chosen from selected cotton fields around the globe. After much research
we have found that the European combed cotton used in our clothing is the very softest available. This
provides our garments with the soft plush feel you and your baby deserve.
Makrista Babv clothing is garment dyed using our own custom mixed dyes and finished with double
stitching and all seams have an overlock stitch to prevent unraveling.
And further:
\\'e take pride in providing versatility by allowing our customers to choose any Makrista Baby im2ze and
applY it to anv zarment we carry.
. Page 2
June IS, 2007
EXHIBIT B
And lastly:
100% Guarantee on all 2"arments with factory defects when reported within 15 days of receipt.
As for the photographic component of the operation, based on your description and information provided on the
company's web site, I must assume that this is an ancillary aspect and has been reviewed accordingly.
In closing, if such businesses were interpreted as being consistent with the above-described personal service item,
this precedence would justify subsequent similar requests involving retaillboutique businesses and the C-l
Zoning District. Furthermore, if a cornparison is based primarily on the equipment used, then other valuable
characteristics that comprise a given business would be excluded, and necessary for determining performance
characteristics and intended relationships with other businesses in a given district.
I trust I have adequately responded to your request. However, if you have any questions regarding this letter, or
additional information that contrasts the findings or assumptions stated herein, please contact me. Unless personal
service characteristics are identified similar to those currently accommodated by the C-l district, I'm certain that
you would arrive at the same conclusion given your knowledge of and experience with local zoning regulations.
Sincerely,
ti~
Michael Rumpf
Planning & Zoning Director
MR
cc: Maxime Ducoste Amedee
S:\Planl1ing\SHARED\WPICORRESPICorresp M thru Z\Makrista Baby - Similarity of use {tailor and dressl11aker).11f
WEINER & ARONSON, P.A.
ATTORNEYS AT LAW
EXHIBIT C
The Clark House
102 North Swinton Avenue
Delray Beach, Florida 33444
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E-mail: jmankoff@zonelaw.com
MICHAEL S. WEINER
CAROLEJ.ARONSON
JASON S. MAN KOFF
KERRY D. SAFIER
SHAYNA M. REITMAN
June 27, 2007
Via Hand Delivery
Mr. Michael W, Rumpf
Director of Planning & Zoning
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, Florida 33425
mJ~@~D~~@
JUN 2 B 2DO?
PLANNING AND
ZONING DEPT.
Re: Makrista Baby
Our Fiie No.:MABA002
Dear Mike:
We are requesting a hearing before the City Comrnission to appeal your decisio~J
.j.hat .j.h~ b"~;~~s~ op~~"''';''''~''' ,.,..f'''alr,..;s+~ D.....h,1 ,..,~~ n"t ""~'lm'II""r'lt" -'f "5- ;.~ +h~t ,-,..,
Li I Li c: u\:.lii it:: ~. CI CillUi I;;:; Vi 1\/1 t\..i ~ ~d UQuy OJ C .IUI. d:.J ct Y u '-'" c: t:..J l. i=:i Vi::::
tailor/dressmaker, which are conditional uses in the C-1 zoning district pursuant to Section
6.A of the City's Zoning Regulations. Item liS" is tilted as follows: "s. Barber shops, beauty
salons, manicurists, tailors and dressmakers," The property located at 230-236 SE 23rd
Avenue is within the C-1 zoning district.
We are authorized to make this request pursu.~nt to the Land Development
Regulations ("LDRs") of the City of Boynton Beach ("City") under Chapter 1, General
Provisions: Article VII, Appeals. Our Similarity of Use request dated June 4, 2007 is
attached as Exhibit "A" and made a part of the record. Your response of June '15, 2007 is
attached as Exhibit "8."
Since your decision was rendered on June 15, 2007, this request is timely filed
within fifteen (15) calendar days, as required by the LDRs. We are appealing this decision
because the operations of Makrista Baby are in fact a similarity of use to that of a
tailor/dressmaker. The terms "dressmaker" and "tailor" are not specifically defined in the
City's zoning regulations so they must be given their plain meaning.
The American Heritaqe Dictionary defines "dressmaker" as one that makes womell's
ciothing, especially dresses. Makrista Baby is making baby clothing. "Tailor" is defined as
one that makes, repairs and alters garments. Makrista Baby's business is the making or
altering of baby clothes. Roqet's New Millennium Thesaurus includes garment maker,
dressmaker, outfitter, clothier and seamstress as synonyms to tailor. The operations of
Makrista Baby primarily consist of images being applied to the already manufactured t-
shirts by a digital screen printing process or by sewing. This operation is similar to that of a
dressmaker and/or tailor in that garments are being altered or made, It is no different than
O:\MABA002\Letter to Mike Rumpf requesting Appeal. June 27, 2007.doc
Mr. Michael Rumpf
June 27, 2007
Page 2 of 2
EXHIBIT C
the embroidery of initials on a shirt of other garments to personalize it for its owner.
Enclosed please find a check in the amount of Seven Hundred Fifty and 00/100
($750.00) Dollars representing the fee required for this appeal. I understand that a survey
is not necessary for this type of appeal.
Please let me know the date of this appeal before the City Commission. We reserve
the right to present more evidence at the hearing.
Jason S. Mankoff
JSM:vf
Enclosure
Cc: James Cherof, Esquire (w/enclosure)
Ms. Janet Prainito, City Clerk (via hand-delivery w/enclosure)
Ms. Kristy B. Golden (w/o enclosure)
Ms. Stacy Beck (w/o enclosure)
Michael S. Weiner. Esquire (w/o enclosure)
O:\MABA002\Letter to Mike Rumpf requesting Appeal, June 27, 2007.doc
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DESCRIPTION:
R~~~es~ /,for '. r:,Ii'ef ", fram, the" Lama .; ;iD>e~~~ment
R~11Jla\lDGI1l~".;i~a.~"r;2.mniPlgi:;Se~0n 11;~'I;~.~wi'lnming
P~~ls.i' ' "",!Rifnimu'm ''',e~ri~s~itb~C4<Of,S!l,fe~tifirom
tht'e~ '" " ,<'ifforljt1le"Gem~GEionCllf,aiswjrnm,jng
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fe~'~~;1fie'1R;:;l:-~'Stm~e..f,amil';\T"esltieitiilln!:Z@hirng
disitlniGt.
'Ihis;itemwasl!pos~jJ(llned to 1!heO~her 23, 2007 meetingatt'he request of Mark arid HolIi
Brisson.
B.
1.
ztJlirag'j!)._dt.
ChairWiscae'f'ead ;the :appea~arnrJ(aG~isedti1e "applicarnts were present.
i,liiI~vwjtih"~tJreljh\m ',Gf'~tljlilfaf:&IArD]1lS0n, p ~A." 2G~ .i1M. ....~eEliGllest
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"'f~e.
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rs.
ated liO'l!lt1 :in:the :newJiit!iftl!'l\ofttDe,G~d~, C-3Ifamj' ossbl, 'C":2, would be
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tl1iswas
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. '.n6 . '~liJ~1 ' '~Pl: SI4~pti)ntof 'p:rG~ ,'~I <se~fGeS.
rlidt~ staff11iarn:ncrrehGi:ue'16Uitito":d1e13enmlne
". '~fsll(l)d'dd)e conslderect for iMa~riSta'Baby in
'V.
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'arille:r:e{jJ~~54 a'p01;~'J~mlght
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'!be\i!3rmrolDtriate.
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-l' ,miiR'gj: :emJilitalile-es.
5 ;bletwssn serVioes: ,CilAdI retail.
, ' "a1s;i~lti~lJigotj these
'i:ip:tlllDllcat:flaF€JE::as 'well!.
MDtiion
Mr:. GasaUl'S'dJll\lCJ\1eetnatthereCfueSt forappeal be~approved. Mr. Lis sectJ11lntedthe motion.
RoI14'Call~.Dte
,2":5, (Chair:wriScbe,WceChairHay, Ms. Jaskiewicz, Mr. Blenar, andMr.
'r"g).
7
IF.."'_--' II
10-\5.2007 01 :43PM FROM-WEINERARONSON +
WEINER & ARONSON, P.A.
ATTORNEYS AT LAW
VIII.-PUBLIC HEARING
ITEM A.
ADDITIONAL INFORMATI~
The Clark House
102 North Swinton Avenue
Delray Beach I FL 33444
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E.mail: jmankoff@zonelaw.com
i,
, ,
LMi'I..:
OCT I 5 2007
PI. ,b,:,';,1 rr,r; N-iD
!('hi'K f)If'!
--.'--
MICHAEL S. WEINER
CAROLEJ.ARONSON
JASON S. MANKOFF
KERRY D. SAFIER
October 15, 2007
Via Hand-Delivery & Telcopier
Mr. Michael Rumpf, Director
Planning and Zoning Department
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
Re: Makrista Baby
Our File No.: MABA002
Dear Mike:
We respectfully request a postponement of Item No. VIII (A) on the Tuesday, October
16, 2007 _ City Commission hearing for the above-captioned matter until the first City
Commission hearing in November 2007.
Thank you very much for your consideration. Please let me know if this can be approved
prior to the City Commission hearing.
son . Mankoff
.Vf
Cc: Ms. Kristy B. Golden
Ms. Stacy Beck
Michael S. Weiner, Esquire
O:\MABA002\Lcner La MIchael Rumflfre f1nstJ'lonemem. Ocrober 15. Z007.ooc
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVl
VIII.-PUBL Ie HEARING
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 2], 2007 August 6, 2007 (Noon.) 0 October] 6, 2007 October 1, 2007 (Noon
0 September 4, 2007 August 20, 2007 (Noon) [8J November 13,2007 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 5, 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
[8J Public Hearing 0
RECOMMENDATION: Please maintain this tabled item on the November 13, 2007 City Commission Agenda
under Public Hearing. The Planning and Development Board on September 25,2007, postponed this item to their October
23rd board meeting per request from the applicant. This item should be tabled to the November 20,2007 City Commission
meeting.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
2514 SW 12th Street (Brisson) (ZNCV 07-006)
Mark and Holli Brisson
Mark and Holli Brisson
2514 SW 12th Street
Request for relief from the Land Development Regulations, Chapter 2. Zoning, Section
11. E. Swimming Pools, requiring a minimum rear setback of 8 feet from the property line
for the construction of a swimming pool, to allow a rear setback of 2 feet; a variance of 6
feet within the R-l-AA single-family residential zoning district.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
DeZl!~ Di,,"m
~
wJ? L~
Planning and Zo~Director City Attorney / Finance
S:\Planning\SHARED\WP\PROJECTS\25]4 SW 12 Street-Brisson \Agenda Item Request 25]4 SW ] 2th St Brisson 1] -13 ZNCV 07-006.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
City Manager's Signature
Assistant to City Manager ~
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 07-097
STAFF REPORT
TO:
Chair and Members
Planning & Development Board and City Commission
THRU:
Michael W. Rumpf
Planning and Zoning Director
FROM:
Gabriel Wuebben
Planner
DATE:
October 15, 2007
PROJECT NAME/NO:
Brisson Variance - 2514 SW lih Street / ZNCV 07-006
REQUEST:
Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2,
Zoning, Section l1.E, which requires a minimum rear setback of 8 feet from the property line
for the construction of a swimming pool, to allow a rear setback of 2 feet (a variance of 6
feet) within the R-l-AA Single-family Residential zoning district.
PROJECT DESCRiPTION
Property Owner:
Mark & HolIi Brisson
Applicant/ Agent:
Mark & HolIi Brisson
Location:
2514 SW lih Street
Acreage:
Approximately 7,405 square feet
Proposed Use:
Single-family residence
Zoning District:
Single-Family Residential (R-l-AA)
Adjacent Uses:
North:
A single-family residence, zoned R-l-AA;
South:
A single-family residence, zoned R-l-AA;
East:
Right-of-way for Canal L-27 (Lazy Lake), and farther east a single-family residence,
zoned R-l-AA; and
West:
Right-of-way for SW lih Street, and farther west a single-family residence, zoned R-
1-AA;
Staff Report
Memorandum No PZ-07-097
Page 2
BACKGROUND
The subject property and neighborhood are currently zoned R-1-AA, Single-family residential. The property is
located between SW 12th Street to the west and the canal known as Lazy Lake to the east (see Exhibit "A"-
location map). The applicants have requested relief from the above-referenced code requirements to allow
for the addition of a swimming pool in the rear yard (see Exhibit "B" - survey).
The applicants are requesting a variance to the minimum rear setback to allow for the construction of a
swimming pool. The subject property is located on a parcel with a significant pitch declining to the water's
edge, forcing the homeowners to locate the pool far enough away from the home to accommodate the
change in elevation, while still maintaining the setback at the rear property line. Based upon the originally
proposed pool size and configuration, and seperation from the house, the pool would be placed two (2) feet
from the rear property line. At the rear of the applicants' property is an approximately eighty-five (85) foot
wide canal right-of-way known as Lazy Lake. A part of this canal right-of-way is an approximately thirteen to
fifteen (13 - 15) foot wide, level grassed area terminated at the waters edge by the homeowners' seawall.
The homeowners have a fence placed at the edge of the seawall, giving the casual observer the impression of
a large backyard, approximately forty (40) feet in depth (see Exhibit "D" - photos).
ANALYSIS
Staff reviewed the requested variance focusing on the applicant's response to criteria a - g below
(see Exhibit "C"). The code states that the zoning code variance cannot be approved unless the
board finds the following (Chapter 1.5, Section 4.1.D.1):
a. That special conditions and circumstances exist which are peculiar to the land, structure, or
building involved and which are not applicable to other lands, structures or buildings in the
same zoning district.
This property, like several others in the immediate vicinity, was part of a blanket variance
granted in the 1970's which reduced the minimum rear setbacks for construction of the
principal structure. A consequence of this action is a reduced rear yard, which has prompted
requests for numerous variances to accommodate accessory improvements such as
swimming pools and enclosures. The reduction in the minimum rear setbacks was not seen
as detrimental to the neighborhood due to the canal right-of-way located along the rear of
the properties. A similar variance request was granted for a property at 1370 SW 26th
Avenue in March of 2006. In this case, the property was adversely affected by the blanket
variance and suffered significant hardship in the resulting twenty (20) foot rear yard. In that
case, a variance of seven (7) feet was approved to accomodate a swimming pool twelve (12)
feet wide.
As stated above, the property also presents a challenge in locating a pool within a severely
sloping rear yard. In order to appropriately locate the pool in compensating for the slope,
the homeowner has been forced to locate the pool slightly farther away from the home,
providing a necessary break in elevation. The opposite side of the pool is to be supported
with a significant amount of backfill, before falling back to the lowest point along the
seawall.
b. That the special conditions and circumstances do not result from the actions of the applicant
Staff Report
Memorandum No PZ-07-097
Page 3
An argument could be made that the special conditions and circumstances are not the result
of the applicant, but the actions of the original homebuilder who developed the
neighborhood after receiving rear setback variances. However, the applicants purchased a
property that provided them limited opportunities for potential expansion and accessory
improvements.
c. That granting of the variance requested will not confer on the applicant any special privilege
that is denied by this ordinance to other lands/ buildings/ or structures in the same zoning
district.
The applicants have stated that the granting of this variance request will not confer any
special privilege. City records indicate that out of 489 parcels on the Plat of Golfview
Harbour, Section 2, 113 lots (nearly 25%) have been the subject of variance approval since
1970 for rear setbacks, and 105 of those 113 lots (93%) are located on the water. Based on
the history of variances processed within the neighborhood, staff concurs with the applicants
that the approval of this variance request will not confer any special privilege that has not
been granted to others.
d. That literal interpretation of the provisions of this ordinance would deprive the applicant of
rights commonly enjoyed by other properties in the same zoning district under the terms of
the ordinance and would work unnecessary and undue hardship on the applicant.
A literal interpretation of the ordinance would limit the applicant's ability to construct a
swimming pool of the proposed dimensions in their rear yard, based upon the minimum rear
setback of eight (8) feet and the five (5) foot safe zone from the house. Constructing a pool
within these limits while at the same time compensating for drastic rear yard elevation
changes could prove an unnecessary hardship, as well as result in a pool of unusual and
sub-standard dimensions.
e. That the variance granted is the minimum variance that will make possible the reasonable
use of the lanct building/ or structure.
There is not a standard definition for "minimum variance" and "reasonable use", and it
appears that the proposed swimming pool is not unusual in its size and dimensions. The
applicant originally presented staff with a request that would require an even greater
variance. The applicant has been extremely cooperative in working with staff to redesign
the proposed pool and reconsider its configuration in order to minimize the magnitude of the
variance.
f. That the granting of the variance will be in harmony with the general intent and purpose of
this chapter [ordinance] and that such variance will not be injurious to the area involved or
otherwise detrimental to the public welfare.
The purpose of creating rear setback requirements in the Zoning Code is to ensure
compatibilty, air circulation, light, and a sense of privacy between neighbors through the
provision of adequate seperation of structures. Staff believes that granting this variance will
have minimal impacts upon the neighborhood considering that the rear of the subject
property abuts the waterway. Given the existence of the 85 foot canal right-of-way,
including a 13 -15 foot grassed area, the remaining separation between rear properties will
Staff Report
Memorandum No PZ-07-097
Page 4
far exceed the typical separation provided by minimum zoning regulations (See Exhibit "F").
g. For variances to minimum lot area or lot frontage requirements, that property is not
available from adjacent properties in order to meet these requirements, or that the
acquisition of such property would cause the adjacent property or structures to become
nonconforming. Applicant shall provide an affidavit with the application for variance stating
that the above mentioned conditions exist with respect to the acquisition of additional
property.
Since the request is for relief from the rear setback regulations, this particular criterion is not
applicable.
RECOMMENDATION
Staff has reviewed this variance application emphasizing criteria "A" and "(" which involves variance
history throughout the neighborhood; criterion "E" which is the "reasonable use" test; and criterion
"F" which pertains to potential impacts upon the neighborhood and city. The findings point to a
significant history of variances within the vicinity, and the existence of the canal provides significant
separation of homes despite a reduction in rear setback requirements. Staff has also placed
significant emphasis on criterion "E", and has worked with the applicant to redesign and reconfigure
the swimming pool in order to minimize the requested variance to increase conformity with the
minimum setback requirement. The applicants are amenable to an alternative pool size, shape, and
location that minimizes the requested relief, and therefore staff recommends that a variance of three
(3) feet be approved, in lieu of the original request for a two (2) foot variance.
S:\Planning\SHARED\WP\PROJECTS\2514 SW 12 Street-Brisson\Brisson - 2514 SW 12th Street ZNCV Staff Report 1O-15.doc
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S. Com_unit:al-iDnsan[l4\nnouneerne:nts
A. Plaflf1ingandZomimgiReport
1. Fimah::Jispasit;iol1l 'of<tiit)e August 28, 2007 Planning and Development Board
meeting Ag~J1jdla items.
'iirr~GtiGr;t,"f'~~~~~,~lile 'f{!)111$V(ljplg)j~Jl!'ls;!p~~v:i0usly
ctiIJn'i(!)f'lt!rne<CltV(jj~mm)Ssl(lj'I1l',altim:e'Sel!tember
.
,:erfi:le ferm~ihej~At.aRtlI.ooe5SGry' bmilding
~m~.a'sri'ilfiJ~;Jais~4~'~" C~13rt.
;Leaf1ni~9GeBt~r iC$RDliti.iIMJaluseapplica:tiion wasappraved for [)r. Gols
l:t.nii~B6Y'n'mhjdeatirn~Wevari3.
,. .' 'iGrGl\li)3'WaS(efiltd~r:seI~':
'G()m:fijj~~R"" , .. ..... '.
, ,er17~ft~i
c'Cidl\1tty .
, J7Gvea wer:e the metiUe~eA:elipgf1l.:lnlt ,al1dicmiekeehut ordirnancesreviewed
arfilpeltalning to tINe te~;i~ms'liR the ,zGning're~llIlatioFls.
6. ~11"iness
None.
Attor:neyA1~mder arlll'l1linisteredthe.,matlnto all vtino w0utdbe testifyIng.
7. 'W"iBSs
A.
Bon)
..........i.4',
1.
PRO:J6Cf:
AGENT:
OWnaER:
L;()CATi'GN:
e. ?~'S.~~StU!et1li5tissijnl\' 'l;Dtt:M1J7~D06~
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DESOR!rnON: R~~t:lest f!llr .Teli~f '" from . the L~lAd~e~e19pment
R~jelatiGJis..Gn~jiJ~~r2...Zo~iRI~liS:dt1Xi>P 11~,;.i'$w"m1rnh~g
P~~~Sf:iM.': .'I;,~i3'mlAiml1m 'l"ear'~~C3C-korl~;f~~'1irom
ffie~~' '.X .~Une'~~rt~e'4uo~~r.l3Gtii~n ,of ,s'SVtth1'lmlng
~~~1.p'. ...t''ttJ'Tc1,re9t'~~~F-f<6f~1f~tt,~'W'~,~a~ee.'rOf'6
fea'Wi.lrn'tfie'R~l:"'Msinje-fami1}7;'reSitlen'tilal!~enihg
diStinat
This :item ws's\\pBstlponed to theOc:mtiler,23, '2:0'07 meetlngatthe'request of Mark;and Halli
BftSSGn.
B.
1.
GhairWisdhe"readlIthe:appeal,ans(at:!vlsed671e'appUcal1tswere present.
;>~~1">m~'WJt~"~e "firmaf'\W~~rner18c :Att;~mS[l)n1 P lA..,,2@9iN~.. SeacJrest
"e;:lllle;t\Was,iap~earn.ftg~~:rJl1~erm~f'lif:NIiEiae'S.We1neti :Esq.amt(lN'a1mlsta
3
VIII.-PUBLIC HEARING
ITEM c.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Fina] Form Must be Tumed Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 August 2], 2007 August 6, 2007 (Noon.) 0 October ]6,2007 October], 2007 (Noon
0 September 4, 2007 August 20, 2007 (Noon) [8J November 13, 2007 October ]5,2007 (Noon)
0 September] 8, 2007 September 3, 2007 (Noon) 0 November 20, 2007 November 5, 2007 (Noon)
0 October 2, 2007 September 17,2007 (Noon) 0 December 5, 2007 November 19,2007 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda [8J Legal
0 Code Compliance & Legal Settlements 0 UnfInished Business
[8J Public Hearing 0
RECOMMENDATION: Please place this request on the November 13,2007 City Commission Agenda under
Public Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board on October 9,2007,
recommended that the request be approved. For further details pertaining to this request, see attached Department
Memorandum No. 07-110.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
National Transmissions, Inc. (LUAR 07-004)
Carl A. Cascio, P.A.
Michael and Julia C. Dechants
502 NE 3rd Street
Request to amend the Comprehensive Plan Future Land Use Map from General
Commercial (GC) to Industrial (I); and
:.~
~,::> "c ::;
Request to rezone from C-4 General Commercial District to M -1 Industrial D~ct.:3 =~
n .....~~
-i'~') -.,
('-CO
"'1 CJ
~,~.:? -<
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES:
Develop
)
~~-
City Manager's Signature
Assistant to City Manager ~
'7 ~
~~.U~
Planning and Zonir!g Director City Attorney / Finance
S:\P]anning\SHARED\WP\PROJECTt\Nationa] Transmissions\Agenda Item Request National Transmission LUAR 07-004 I] -] 3-07 .doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
181,
191
I
201
211
22
23
24
25
26
27
28
29
ORDINANCE NO. 07-
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, REGARDING THE
APPLICATION OF NATIONAL TRANSMISSIONS,
INC., AMENDING ORDINANCE 02-013 TO
REZONE A PARCEL OF LAND LOCATED AT 502
NORTHEAST 3RD STREET, AS MORE FULLY
DESCRIBED HEREIN, FROM GENERAL
COMMERCIAL; (C-4) TO INDUSTRIAL (M-I);
PROVIDING FOR CONFLICTS, SEVERABILITY,
AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida has
adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City;
and
WHEREAS, Michael and Juclia C. Dechants, owners of the property located at 502
N.E. 3rd Street in Boynton Beach, Florida, as more paIiicularly described herein, has filed a
Petition, through its agent, Carl A. Cascio, P,A., pursuant to Section 9 of Appendix A-
Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of
rezoning a parcel of land, said land being more particularly described hereinafter. from
General Commercial (C-4) to Industrial (M-l); and
WHEREAS, the City Commission conducted a public hearing and heard testimony
and received evidence which the Commission finds supports a rezoning for the prope11y
hereinafter described; and
\VHEREAS, the City Commission finds that the proposed rezoning is consistent with
an amendment to the Land Use which was contemporaneously considered and approved at
the public hearing heretofore referenced; aI1d
WHEREAS, the City Commission deems it in the best interests of the inhabitants of
S:\CA\Ordinances\Planning\Rezoning\Rezoning - National Transmissions.doc
1 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
3 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
4
Section 1.
The foregoing Whereas clauses are true and correct and incorporated
5 herein by this reference.
6
Section 2.
The following described land located at 502 N.E. 3rd Street in Boynton
7 Beach, Florida, as set forth as follows:
8
9
10 '
11
12
13
14
15
16 I be and the same is hereby rezoned from General Commercial (C-4) to Industrial (M-l). A
I
1 71 location map is attached hereto as Exhibit "A" and made a part of this Ordinance by reference.
I
18
Lot 49, of ARDEN PARK, according to the Plat thereof, as
recorded in Plat Book 2, Page 96, of the Public Records of Palm
Beach County, Florida.
Subject to easements, restrictions, reservations, covenants and
rights-of-way of record.
Section 3. That the aforesaid Revised Zoning Map of the City shall be amended
19 accordingly.
20 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby
2 1 repealed.
22 Section 5. Should any section or provision of this Ordinance or any portion thereof
23 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
24 the remainder of this Ordinance.
25 Section 6. This ordinance shall become effective immediately upon passage.
26
S :\CA \Ordinances\Planning\Rezoning\Rezoning - National Transmissions.doc
,2007.
FIRST READING this _ day of ___
1
SECOND, FINAL READING and PASSAGE this
day of
.2007.
2
CITY OF BOYNTON BEACH, FLORIDA
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
181 ATTEST:
191
2011
21.
221
23
24
25
26
271
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
S:\CA\Ordmances\Planning\Rezoning\Rezoning - National Transmissions.doc
1 ORDINANCE NO. 07-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AMENDING ORDINANCE 89-38
5 BY AMENDING THE FUTURE LAND USE ELEMENT
6 OF THE COMPREHENSIVE PLAN FOR A PARCEL
7 OWNED BY MICHAEL AND JULIA C. DECHANTS
8 AND LOCATED AT 502 NORTHEAST 3RD STREET;
9 CHANGING THE LAND USE DESIGNATION FROM
10 GENERAL COMMERCIAL (GC) TO INDUSTRIAL (I);
11 PROVIDING FOR CONFLICTS, SEVERABILITY, AND
12 AN EFFECTIVE DATE.
13
14 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted
15 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element
16 pursuant to Ordinance No. 89-38 and in accordance with the Local Government
1 7 Comprehensive Planning Act; and
18 WHEREAS, the procedure for amendment of a Future Land Use Element of a
19 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
20 WHEREAS, after two (2) public hearings the City Commission acting in its dual
21 capacity as Local Planning Agency and City Commission finds that the amendment
22 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in
23 the best interest of the inhabitants of said City to amend the aforesaid Element of the
24 Comprehensive Plan as provided.
25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
26 CITY OF BOYNTON BEACH, FLORIDA, THAT:
27 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated
2 8 herein by this reference.
29
Section 2:
Ordinance No. 89-38 of the City is hereby amended to reflect the
S:\CA \Ordinances\Planning\Land Use\National Transmissions.doc
1
6
7
8
9
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12 I
13 I
I
1411
I
1511
i 6 II
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17 I
18
19
20
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1
following:
"
L,
That the Future Land Use of the following described land located at 502 N.E. 3rJ
3
Street; changing the land use designation from General Commercial (GC) to Industrial (1).
4
Lot 49, of ARDEN PARK, according to the Plat thereof as recorded
in Plat Book 2, Page 96, of the Public Records of Palm Beach
County, Florida.
5
Subject to easements, restrictions, reservations, covenants and
rights of way of record.
Section 3: That any maps adopted in accordance with the Future Land Use Element of the
Future Land Use Plan shall be amended accordingly.
Section 4: All ordinances or parts of ordinances in conflict here\vith are hereby repealed.
Section 5: Should any section or provision of this Ordinance or any portion thereofbe
declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
remainder of this Ordinance.
Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge.
or appeal provisions provided by the Florida Local Government Comprehensive Planning and
Land Development Regulation Act. No party shall be vested of any right by vinue of the
adoption of this Ordinance until all statutory required review is complete and all legal challenges.
including appeals, are exhausted, In the event that the effective date is established by state law or
special act, the provisions of state act shall control.
s: '.CA\Ordinances\Plannmg\.Land Use\National T ransmissions.doc
2
I
J J
1
FIRST READING this _ day of
,2007.
2
SECOND, FINAL READING and PASSAGE this _ day of
,2007.
3
CITY OF BOYNTON BEACH, FLORIDA
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19 ATTEST:
20
21!
22
23
24 Janet M. Prainito, CMC
25 City Clerk
26
27
28 (Corporate Seal)
29
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA \Ordinances\Planning\Land Use\National Transmissions.doc
3
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 07-110
Chairman and Members
Community Redevelopment Agency Board and City Commission
Gabriel Wuebben It \;J II
Planner (j\. fV
Michael W. Rumpf W/
Director of Planning and Zoning
September 26, 2007
National Transmission/LUAR 07-004
To reclassify the property from General Commercial (GC) to
Industrial (I) and rezone from C-4 General Commercial to M-l
Industrial
Property Owner:
Applicant/Agent:
Location:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
Adjacent Uses and Zoning:
North:
South:
PROJECT DESCRIPTION
Michael and Julia Dechants
National transmission, Inc./Carl A. Cascio, P. A.
502 N. E. 3rd Street (Exhibit "A'')
General Commercial (GC)
C-4 General Commercial
Industrial (I)
M-l Industrial
Automotive transmission repair
Auto-related use, designated General Commercial (GC) and zoned
C-4 General Commercial
Right-of-way of N.E. 4th Avenue, then developed office-warehouse
facility designated General Commercial (GC) and zoned C-4
General Commercial
Page 2
File Number: LUAR 07-004
National Transmission, Inc.
East:
Improved alleyway, then developed office-warehouse facility,
designated Industrial (I) and zoned M-1 Industrial.
Right-of-way of N.E. 3rd Street, then developed commercial facility
designated General Commercial (GC) and zoned C-4 General
Commercial
West:
PROJECT ANALYSIS
The parcels, which are the subject of this land use amendment, total 0.16 acres (7,000 square
feet). Because of the size of the property under consideration, the Florida Department of
Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale"
amendment is adopted prior to forwarding to the Florida Department of Community Affairs and
is not reviewed for compliance with the state, regional and local comprehensive plans prior to
adoption.
The criteria used to review Comprehensive Plan amendments and rezonings are listed in the
Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C.
Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff
analysis when the proposed change includes an amendment to the Comprehensive Plan Future
Land Use Map.
a. Whether the proposed rezoning would be consistent with applicable comprehensive
plan policies including but not limited to/ a prohibition against any increase in
dwelling unit density exceeding 50 in the hurricane evacuation zone without written
approval of the Palm Beach County Emergency Planning Division and the Citys risk
manager. The planning deparfment shall also recommend limitations or
requirements/ which would have to be imposed on subsequent development of the
property, in order to comply with policies contained in the comprehensive plan.
Policy 1.19.4 of the Land Use Element reads:
" The City shall continue to encourage and enforce the development of industrial land as
industrial parks or concentrated industrial areas in order to maximize the linkage
between complementary industries."
The area adjacent to the subject parcel contains a variety of auto-related businesses. The
requested land use amendment and rezoning will allow a long-time business to gain conforming
status proximate to other existing auto-related uses, thus providing greater opportunities for
linkages,
Policy 1.9.5 of the Land Use Element reads (in part):
" The City, by 2002/ shall conduct studies and/or prepare redevelopment plans for areas
designated by the Primary Target Areas Overlay. The plans shall, in part implement or
Page 3
File Number: LUAR 07-004
National Transmission, Inc.
further the adopted Boynton Beach 20/20 Redevelopment Master Plan with use
provisionsr development standards and design criteria which may address public
improvementsr infrastructurer bUIlding placement architectural characteTr streetscaper
signager landmark opportunities and unifying design concepts. Implementation
mechanisms may includer but are not limited tOr adoption of overlays in the land
development regulationsr amendments to land development regulationsr and/or through
rezoning to new or existing districts. . ."
The Heart of Bovnton Communitv Redevelooment Plan. as adopted on December 4, 2001, is an
implementation measure of the cited policy. The "Proposed Land Use Map" for the
redevelopment plan proposes that the land area in the "Arden Park" neighborhood currently
designated "Industrial" should be extended westward to include the property on the east side of
N.E. 3rd Street (see Exhibit "AIT). This extension of the industrial-designated land would include
the subject property, furthering the vision for this area.
b. Whether the proposed rezoning would be contrary to the established land use
pattern or would create an isolated district unrelated to adjacent and nearby
districtsr or would constitute a grant of special privilege to an individual property
owner as contrasted with the protection of the public welfare.
The requested rezoning would not create an isolated district, but would relate to the adjacent
land use designations to the east and to the existing uses in the area generally surrounding the
subject property. Other similar requests of the nature have been approved in the immediate
vicinity. Examples include Beck's Towing (at 410 N.E. 5th Avenue) and Florida Collision Center
(902 NE 3rd Street). The proposed change is consistent with recommendations of the Heart of
Bovnton Communitv Redevelooment Plan.
c. Whether changed or changing conditions make the proposed rezoning desirable.
The adoption of the Heart of Bovnton Communitv Redevelooment Plan, in 2001, and the
recommendations of that plan make the proposed rezoning desirable as a step toward
implementation of the plan.
d. Whether the proposed use would be compatible with utility systemsr roadwaysr and
other public facilities.
Properties less than one acre in size are not required to prepare comparisons of water and
wastewater demands. Since no additional development is proposed at this time on the subject
property, no changes are anticipated in the demands on either water or wastewater. Neither are
there any anticipated increases in traffic impacts. With respect to solid waste, in a letter dated
December 18, 2001 the Palm Beach County Solid Waste Authority has stated that adequate
capacity exists to accommodate the county's municipalities throughout the 10-year planning
period. Lastly, drainage will also be reviewed, and must satisfy all requirements of the city and
local drainage permitting authorities.
Page 4
File Number: LUAR 07-004
National Transmission, Inc.
e. Whether the proposed rezoning would be compatIble with the current and future
use of adjacent and nearby properties, or would affect the property values of
adjacent or nearby properties.
As stated above under "Project Description", the existing uses surrounding the subject site are
intense commercial and industrial uses, The proposed land use amendment and rezoning
would generally be compatible with existing uses of adjacent properties,
f. Whether the property is physically and economically developable under the existing
zoning.
The property is currently developed and used as the site of an auto repair business, a permitted
use under the existing C-4 zoning. The property is physically and economically developable for
other intensive commercial uses permitted within that zoning district.
g. Whether the proposed rezoning is of a scale which is reasonably related to the
needs of the neighborhood and the city as a whole.
Criteria for evaluating the benefits of the proposed development to the needs of the
neighborhood and the City include service demands, intensity, use, value and consistency with
Comprehensive Plan policies. As indicated above, impacts of the proposed project on the
service delivery and transportation systems will be negligible. It is consistent with the cited
Comprehensive Plan policies.
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed.
The amount of land designated for industrial uses is very limited, particularly in the part of the
City east of 1-95, so there are limited opportunities for auto-related businesses. This location is
convenient to the downtown as well as to other ancillary auto-related uses that serve the
residents of the City. The request to convert to industrially-zoned land is particularly ideal in
light of the rezonings that started in 2000 with an approval of a residential development in the
Quantum Industrial Park. Since then, some 135 acres have lost their industrial designation, not
including Quantum, which retained the designation although a large percentage of its acreage
has been converted to uses other than industrial.
The loss of industrial land has occurred simultaneously within unincorporated Palm Beach and
most of its other municipalities. This trend's negative impact on the local economies in terms of
future jobs, availability of services and tax bases has been recognized by the county's
Intergovernmental Plan Amendment Review Committee (IPARC). The City should preserve and
expand industrial land when appropriate in order to enhance economic viability.
CONCLUSIONS! RECOM MENDA nONS
As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will
not create additional impacts on infrastructure that have not been anticipated in the
Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the
Page 5
File Number: LUAR 07-004
National Transmission, Inc.
overall economic development of the City. Therefore, staff recommends that the subject
request be approved.
ATTACHMENTS
5. IPlannlng\SHARED\ WP\PROJECTS\Natlonall ransmlsslons\ST AFr REPORT.doc
Exhibit A · Site Location Map
National Transmissions, Inc. · LUAR 07-004
NE 6TH AVE
BOYNTON BEACH BLVD
100 50 0
~~
100 200 300 400
I I I Feet
~
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~
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W
C
W
U.
Z
N
W.E
S
Exhibit B - Neighboring LUAR Requests
21 0 1 05 0
~
N
w4tE
S
210
420
630
840
I Feet
EXHBfT C
LEGAL DESCRIPTION:
Lot 49, of ARDEN PARK, according to the Plat thereof, as recorded in Plat Book
2, Page 96, ofthe Public Records of Palm Beach County, Florida
COMPUTATION OF ACREAGE:
Square Footage = 7584.09
Acreage = 43650 +7584.09 = 5.74
STATEMENT JUSTIFYING THE ZONING REDUEST:
The proposed land use amendments/rezoning requested is consistent with the heart of
Boynton Beach Community Development Plan. The size of the property is conforming to the
proposed use and zoning guidelines. The applicant currently operates an auto transmission business,
which is an acceptable use under .both the current and proposed land use designation. The area
where the subject property is located lies with C-4 zoning which is contiguous with other lands that
have been proposed to be part of the new M 1 zoning area within the heart of Boynton Beach
Community Redevelopment Plan so the proposed land use and rezoning would result in a compatible
land use, which would further enhance the property values of the adjacent properties.
Exhihit "A" to Applic"tion for Land Use AmendmenclRezoning /
Nation"1 Transmission, inc.
Lot 49, ARDEN PARK
\\Cascio-server\my documents\CLlENTS\REAL\DeChants, Mich"el & Julia Rezoning\Applic"tion attachment. wpd
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
October 9. 2007
Chair Taylor explained City Hall falls within the CRA area and plans were not discussed.
He explained it was common knowledge, the City had outgrown City hall and there was
open discussion but no formal discussion.
Will Twigg, thanked the board for their approval of Item E, a program which enabled
him to purchase a home. He expressed his gratitude and explained as a member of the
National Guard and a deputy, it meant a lot to him to purchase a home in a nice
community.
Dawn Osowsky, also thanked the board for their approval of Item F, which allowed
her to purchase a home. She was excited to be part of the community.
Mayor Taylor closed the public hearing.
Mr. Weiland announced he had a question on item G of the Consent Agenda.
Motion
Mr. Weiland moved to pull Item G from the Consent Agenda for information only. Mr.
McCray seconded the motion that unanimously passed. The item was heard later in the
meeting under pulled Consent Agenda Items.
VI. Public Hearing:
Old Business:
None.
New Business:
A. National Transmission, Inc.
Land Use Plan Amendmentl Rezonina
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
National Transmissions, Inc. (LUAR 07-004)
Carl A. Cascio, P .A.
Michael and Julia C. Dechantz
502 NE 3rd Street
Request to amend the Comprehensive Plan Future
Land Use Map from General Commercial (GC) to
Industrial (I); and Request to rezone from C-4
General Commercial District to M-l Industrial District.
5
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
October 9. 2007
Chair Taylor read the request.
Gabriel Weubben, Planner, presented the request and reviewed the item. The
request was to rezone the property from General Commercial (GC) to Industrial (1) and
rezone from C-4 General Commercial to M-1 Industrial. The request was consistent
with the Comprehensive Plan. There is a shortage of industrial land in the City. The
Heart of Boynton Plan, adopted December 4, 2001 has a land use map which shows the
subject property fulfills the plan. There were no negative impacts on existing
infrastructure or on traffic. Staff recommended approval of the request subject to all
conditions of approval. The request was compatible with the adjacent land use
designations to the east and exiting uses in the area surrounding the property.
Carl Cascio, counsel for the applicant, Mr. Dechantz, was available to answer
questions.
Ms. Sullivan wanted to ensure the project did not move any further into the
neighborhood. The applicant was operating an Automotive Repair Center.
Sergio Casaine, asked what does National Transmission did. Mr. Dechantz responded
it was an automotive repair center. Mr. Casaine explained he was trying to make a
distinction between industrial and light industrial.
Motion
Mr. McCray moved to approve. Mr. McKoy seconded the motion that unanimously
passed.
VII. Pulled Consent Agenda Items
B. Approval of the Period-Ended September 30, 2007 Financial Report
Susan Harris, Finance Director, reviewed the item showing the revenues for the year
minus the expenses. She advised there would be rollover funds and explained there
would be an adjustment made because they would record a liability for possible TIF
refunds that might be incurred because the tax rolls were still not certified. The roll over
funds would be less than $8M, and they were not yet allocated. The plan was to put
those rollover funds in contingency. The CRA staff was in the process of determining
what to do with those monies. While they had some ideas, no formal plan was
presented to the board yet. One idea under consideration was an expansion of the
trolley. The money was there but not yet audited. Pre-audit adjustments would be
occurring in October and an audit in November. The funds did, however, need to be
allocated to projects needing to be completed within three years.
6
IX. - CITY MANAGER'S
REPORT
CITY OF BOYNTON BEACH ITEM A
AGENDA ITEM REQUEST FORl\
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
0 September 4, 2007 August 20, 2007 (Noon) [8J November 13,2007 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] 7,2007 (Noon) 0 December 3, 2007 November 19,2007 (Noon)
0 Announcements/Presentations [8J 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
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RECOMMENDATION:
Overview of the City's practices and procedures regarding drinking water disinfection
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EXPLANATION:
Recent events in the City of West Palm Beach related to drinking water contamination hav~focused public attention
on the safety and reliability of municipal drinking water systems. (see attached overview)
PROGRAM IMPACT: None additional at this time.
FISCAL IMPACT: None additional at this time.
ALTERNATIVES:
No change to the Utilities Department disinfection procedures is recommended at this time. Possible improvements to
the backflow prevention program could include:
. Procuring specialized software to assist in tracking and identifying units needing testing or repair
. Establishing better flexibility in the current software and database to provide greater management oversight
capabilities
fy.
z:;
~~
CIty Manager's Signature
Assistant to City Manager CJ1tIf./
s Signature
UTILITIES
Department Name
City Attorney / Finance
XC: Peter Mazzella
Michael Low
Christopher Roschek
File
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH UTILITIES DEPARTMENT
BACKFLOW PREVENTION AND WATER MAIN DISINFECTION PRACTICES
The Utilities Department furnishes potable drinking water to approximately 95,000
persons within its service area. As a provider of potable water, we consider the protection
of the public health as a critical part of our mission. To maintain adequate safeguarding
of the public health in this regard, the Department has adopted the following policies and
practices to assure that the potable water it produces is safe, reliable, and meets all
regulatory standards.
The Department operates two water treatment plants, both of which draw their water
supply from wells into the surficial aquifer. As such, the water supply is not exposed to
direct contamination by stormwater impacts, which may have been a factor in the recent
West Palm Beach incident. West Palm Beach draws upon a surface water supply that is
exposed to stormwater runoff, wildlife, and airborne pollutants. Groundwater supplies,
by their very nature, are recharged by water that must first filter down through the soil.
and thus benefits from this natural filtration to remove particulates, animal wastes, and
other pollutants. Our water supply wells are tested regularly for coliform, and must be
re-tested whenever a well is repaired or opened to the atmosphere.
Regarding disinfection, the City uses chlorine to disinfect the treated water at both of its
water treatment plants. The form of chlorine utilized most of the time is known as
chloramine, which is a combined form of chlorine and ammonia. While this provides
satisfactory disinfection, and maintains a stable chlorine residual most of the time, the
Utilities staff has found it advantageous to switch to pure chlorine as the disinfectant for
one month of the year. This pure chlorine (termed "free chlorine") is more aggressive at
oxidizing any residuals that may accumulate in the piping system, including but not
limited to any ammonia residuals (which can feed bacteria) and bacteria itself. Free
chlorine cannot be used throughout the year due to the production of unwanted by-
products, but it is very effective at maintaining the cleanliness of the piping system when
used periodically, as we now practice. To the best of our knowledge, West Palm Beach
did not utilize free chlorine on an annual basis.
Although the exact source of the West Palm Beach fecal coliform contamination has not
yet been identified beyond a shadow of a doubt, some of the possible sources mentioned
in the press include a cross-connection with a private well, or possibly a temporary cross-
connection at a downtown construction site. A cross-connection is defined as any
connection between a potable water system, and a non-potable water system. The water
industry, including the City of Boynton Beach, has expended a considerable amount of
resources since 1990 when the City adopted a rigorous cross-connection control
ordinance (no. 90-51). Said ordinance outlines the use of approved devices and their
application so as to eliminate the potential for cross-connections. We currently have
2,649 devices at individual water services and elsewhere, to protect the entrance of
contaminants into the potable water distribution system. It must be said that un-permitted
plumbing changes or intentional malice can circumvent most ofthese devices, which is
why constant vigilance and periodic inspections are required. Each backflow preventer
must be tested annually by a certified technician to assure that it is functioning properly.
The Utilities Department tracks these units, and notifies their owner if a test is overdue.
If the owner fails to have the unit tested, the City will dispatch its own certified
contractor to test the unit, and then back-charge the owner for the amount specified in the
code.
To summarize, it appears that the design of our system and the practices of the Utilities
Department staff incorporates some additional safeguards to assure proper disinfection of
the treated water, which would greatly reduce the potential for a coliform outbreak
similar to the one recently experienced in West Palm Beach.
KII. - LEGAL - 2nd Reading
Non- Development
:ITEM B.1
CITY OF BOYNTON BEACE
AGENDA ITEM REQUEST FOfun
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 2], 2007 August 6,2007 (Noon.) [] October] 6, 2007 October I, 2007 (Noon
0 ~ 13
September 4, 2007 August 20,2007 (Noon) November/,'2007 October IS, 2007 (Noon)
0 September ]8,2007 September 3,2007 (Noon) 0 November 20, 2007 November 5, 2007 (Noon)
0 October 2, 2007 September] 7, 2007 (Noon) 0 December 4, 2007 November 19, 2007 (Noon)
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RECOMMENDATION: Approval of enclosed revision, (Exhibit "A") of Chapter 2.5 titled "Alarm Systems'N ::;,:;::
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EXPLANATION: The enclosed revision includes changes throughout the document that are primarily hOllswaepiilt>
issues with the exception of Section 2.5-13. The amendments to 2.5-13 were required to allow for ease of tracking fal~
alarms and to avoid additional costs in making any programming changes required in maintaining compliance with
the current language. The amendment to Section 2.5-13 simply changes the false alarm tracking protocol from "any
12 month period" to "fiscal year of October 1 through September 30."
Announcements/Presentations
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City Manager's Report
New Business
Legal 2~ Reed
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NATlJRE OF
AGENDA ITEM
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Administrative
Code Compliance & Legal Settlements
Public Hearing
Unfinished Business
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Consent Agenda
-
PROGRAM IMP ACT: Approval of the enclosed revision to Chapter 2.5 will assist staff in maintaining an accurate
record of false alarm occurrences and fines while bringing the revenue from those fines in line with our fiscal year.
FISCAL IMP ACT: Avoid costs associated with re-programming of current system.
ALTERNATIVES:
R'j'" oc modify pcopmd .m,ndm,nt, to thi, cnd"~
City Manager's Signature
Assistant to City Manager (AlVA../"
City Attorney / Finance
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
ORDINANCE NO. 07-
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, AMENDING THE CITY OF BOYNTON
BEACH CODE OF ORDINANCES, CHAPTER 2.5,
"ALARM SYSTEMS," TO UPDATE THE CODE AND
FOR TRACKING FALSE ALARMS; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND
AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach Fire and Life Safety Division has detemlined
that it is necessary to amend Chapter 2.5. Alarm Systems, of the City's Code of Ordinances;
and
WHEREAS, the City Commission has determined that it is in the best interests of the
residents and citizens of the City of Boynton Beach to amend Chapter 2,5 of the Code of
Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Ordinance upon adoption
hereof.
Section 2. Chapter 2.5, Alarm Systems, is hereby amended as follov/s:
Section 2.5-1 Short fi.t.l.€Title.
This chapter shall be known and cited as the "Burglar and Fire Alaml Ordinance."
Section 2.5-2 Definitions:
For the purpose of this chapter, whenever any of the following words or terms are-are used
herein, they shall have the meanings ascribed to them in this section:
Alarm Svstem: Any electrical device, signaling device, or combination of electrical devises
'Nhich i~ used to signal or detect a burglary. fire. robbery. or medical emenzency. in [l builclin;;
or premises for the detection of fire, medical alerts, unauthorized entry, barglary or any other
criminal acti\'ity. and which when activated emits a sound, si,:;nal or message to alert others.
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\vhether emitted on or off the premises or to the central office of an alum} business.
Commercial Alaml System: Any business, Multiple Dwelling Unit, Storage Facility, that has
a Fire AlanD System to monitor flow, tamper, manual initiation devices and audible
notification.A Fire "^~lurnl Systom to monitor flow, tamper, manual initiation devices and
audible notification, located at any business, Mllltiple Dv/elling Unit and/or Storage Facility.
Residential i\larm Systom: Any single family dwelling that has a Burglar AlanD System that
mayor may not have smoke detectors attached to the system. l. Burglm- Alurnl System, which
may htwe smoke detectors attached to the system, located at 0. single family d\velling.
Fire Alarm System AgentContructor: Any Licensed person who is employed by a licensed
fire alarnl contractor or certified unlimited electrical contractor that is performing duties
which are an element of an activity that constitutes fire alarm system contracting requiring
certification under this part: and whose specific duties include any of the following: altering,
installing, maintaining, moving, repairing, replacing, servicing, selling, or monitoring a fire
alarm system for compensation. All associated work and personnel shall comply with Chapter
489 Florida Statutes, specifically 489.505, 489.518, and 489.5185.engaged in the business of
selling, leasing, monitoring, maintaining, servicing, repairing, altering, replacing, moving or
installing any alarm for any building place or premiseo. lJl aosociated work and porsoilllel
shall comply '.'lith Ch. 489, Fla. Stat.
Alarm System Contractor: means a person whose business includes the execution of contracts
requiring the ability, experience, science, knowledge, and skill to layout fabricate alarm
systems for compensation, including but not limited to an tyPes of alarm systems for all
I purposes.
UL Certified Installation: A "Certificated Alarm System" is one that the certificate issuing
alarm company declares that the svstem is in compliance with standards. It is equivalent to a
I manufacturer whose name appears in a UL Product Directory choosing to place a UL Mark on
I a specific production product. A certificated alarm system is subject to random audit by UL
alarm svstem auditors to countercheck compliance, just as a product with a UL Mark is
subject to random audit.
Alarm user: Any person using an alarm or occupying and controlling Premises or building, or
a portion of a premises or building, served by an Alarm.
Audible alarm: An alarm that sounds a warning bell, buzzer, or other Sounding device that
can be heard for fifty (50) feet or more beyond the protected premises.
Class "A" alarm: An alarm activated bv:
1. Unauthorized intrusion
2. criminal activity,
3. fire,
4. the need for emergency medical response,or
5. an act of nature not contributed to bv faulty desi~ maintenance, installation or use.
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False alarms: Any alan11 that is not deternlined to be a "Class A AlaJ111" . including but not
limited to alarms activated through:
1. inadvertence,
2. neglect,
3. accident,
4. alarm testing.
5. faulty installation.
6. lack of maintenance,
7. impropernlaintenance,
8. excessive vibrations. or
9. power failure.
In the absence of a determination by the police department or the fire department that an
alaJ111 is a Class "A" alan11, a rebuttal presumption is established that an alarm is a false alaJ111.
A property owner can rebut the presumption by submission of proof that the alarnl ,vas a
I Class "A" alaml and not a false alaml.
Class ""Ai" alarms: ,'\11 those alan11s actiyated by illegal entry, in response to criminal activity,
fire, or the need for emergency medical response and include alan11s activated solely by an act
of nature not contributed to by faulty desipl, maintenance, installation or use.
, I False alarms: /Jl activated alarms, responded to by the police and/or fire department, 'A'hich
I do not qualify as class "X' alamls, including but not limited to alamls activated throu;h
inadvertence, neglect, accident, alarm testing, and faulty installation or maintenance, and
excessive '.'ibrutions or power failure.
Government: Any direct agency of any federal, state, county, or city govemment including
I schools and the U.S. Postal Service.
I Person: Shall mean any natural person, individual or any firm, partnership, assocJatJOn,
limited partnership, sole proprietorship, corporation, apartment complex. condominium
association, or any business entity whatsoever.
Premises: Shall mean the building or structure and adjoining property which is protected by
and upon which is installed an emergency alaml or alarm system.
Sec. 2.5-3. Alaml operating permit required.
-No person shall have an alarm installed to be operational, or use an existing alaml serving
premises, or a building, or portion thereof, occupied or controlled by such person, unless an
alarm operating permit in the form of a decal has been issued hereunder, and is in force,
authorizing the use of such alarm. Such alarm operating permit shall constitute a regulatory
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3
license. For any alarm existing prior to the effective date of this chapter an alarm operating
permit application shall be made within sixty (60) days of the effective date hereof. A person
with an installed alarm system without a permit from the city shall be issued a notice of
violation and that person shall have ten (10) days from the date of the notice of violation to
make application for a permit. If application for a permit is not made within ten (10) days of
the notice of violation the person shall be in violation of this section.
Sec. 2.5-4. Application for permit:
(a) Application) Application for an alarm operating permit for the operation of an alarm
system shall be made by a person having control over the property on which the alarm system
is to be operated. Such application shall be made in writing to the building officiulChief of
Police on a fonn designated by the city for that purpose. On such application, the applicant
shall set forth:
(1) The name, address and telephone number of each person in control of the property.
I
I (2) The street address of the property on which the alarm system is to be or has been
installed and operated.
(3) Any business name used for the premises on which the alarm-system is to be installed
and operated.
(4) Whether the alarm system or systems are or are not local alarms and whether the alarnl
I system or systems are designed to give notice of a burglary, fire, fl.ekland hold-up or of other
II type of emergency.
I (5) The name of the person or alarm system business wflethat will install the alarm system.
I (6) The names and telephone numbers of two (2) persons 'Nhichpersons, which are able to
II and have agreed as follows:
a. To receive notification of alarm activation at any time;
b. To arrive at the alarm site within one (1) hour after receiving a request from a member of
the communications center, police department or fire department to do so; and
c. To grant access to the alarnl site and to deactivate the alarm system if such becomes
necessary; or +fle-the name and telephone number of an alarm system business which that is
able and has agreed to provide as follows:
d. The names of two (2) persons listed with that company who are able to arrive within one
(1) hour after receiving a request from a member of the communications division, police
department or fire department to do so, and to grant access to the alarm site and to deactivate
the alarm system if necessary.
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e. When necessary, the penTIit holder shall give the alarm system business the name and
telephone number of another person who is able and is willing to perform the above described
duties so that at least two (2) persons are listed with the alarnl system business at all times.
f. The person having control over the property has authorized the alarnl system business to
provide the names listed with that business pursuant to subsections d and e above to the police
and/or fire department or the communications center whenever that department(s) or the
communications center has requested that infornlation in order to obtain assistance after an
alarnl has been activated.
(b) Immediutely after receipt of the alarm opemtin;; penni: application. the buildin:,: official
or his designee, shall fonyard a copy oCthe upplication to the commanications division.
Sec. 2.5-5. Ternl ofpernlit; fee, nontransferable:
(a) Fee. A fee of thirty dollars ($30.00) shall be charged the alarm user by the city for each
alann:-operating permit issued, to defray the cost of regulation. Successive renewal fees shall
not be required of a residential or commercial permit holder except as provided in subsection
ili}
(b) Term and renewal. An alarm operating permit shall have an indefinite ternl from date of
issuance; provided however, the tenn shall expire and the permit fshall bet-deemed invalid
with any change in ownership of residential or commercial property to which the pernlit is
I I assigned. Compliance with subsections (1) and (2) shall revalidate the alarnl pemli 1.
I
,(1) An alarm pernlit holder is required to notify the city within seven (7) days of any
change of alaml permit registration information.
(2) Any change in ownership of residential or commercial property to which an aJarnl
permit is assigned shall require a new registration application and a fee of thirty dollars
1($30.00).
(c) Permit nontransferable. Any alarm operating permit issued pursuant to this article shall
not be transferable or assignable and shall cover only one (1) building or premises or portion
thereof.
Sec. 2.5-6. Issuance of alarnl operating pernlit:
II An alarnl pernlit will be issued by the building officialChief of Police upon receipt of said
, completed application, and the building officialChief of Police or his designee may inspect
the alarm equipment and planned installation and may require the submission of additional
and specific information.
An alarm operating permit shall be denied if:
(a) The requested infOlmation is not supplied on the application or such additional
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information as required fis not fumished.3-
(b) Material information on the application is incorrect.
(c) Any person or entity listed on the application under items (a)(4), (5) and (6) of section
2.5-4 of this chapter does not possess any required occupational or regulatory license to
conduct the activities required by said items (a)(4), (5) and (6), unless the person or entity is
the alarm user.
(d) If the equipment is found to be inferior and not capable of proper performance.
Sec. 2.5-7. Decal required:
Each alarm operating permit holder shall be issued an alarm decal by the buildin,; officiuChief
of tPolice. Said decal shall be displayed at the main entry or a conspicuous place visible at the
front of the premises of all business, commercial establishments, and residential premises,
I covered by said permit.
I Sec. 2.5-8. Duties of property owner:
For the purpose of this chapter, both the owner and lessee of an office or commercial premises
shall be considered to be the owners of the premises and shall be held jointly and severally
II responsible for the registration of the alarm system and liable to the city for all service fees
i I charged for false alarms. The owner of an apartment complex or multifamily residence is
I responsible for the registration of all alarm systems and shall be liable to the city for service
I fees charged for false alarms.
I The person in control of the property on which an alarm system is installed shall:
I (a) Ensure that any person listed with the city is able:
II (1) To receive notification at any time;
II (2) To come to the alarm site within one (1) hour after receiving a request from a member
of the police department, fire department or communications department to do so; and
(3) To grant access to the alarm site and to deactivate the alarm system if such becomes
necessary.
(4) To inspect the alarm system after each activation to ensure proper operation.
(b) Train all persons who may activate the alarm system in the proper operation of the
alarm system.
(c) Failure to respond as provided shall result in a fine of fifty dollars ($50.00). The police
department or fire department shall indicate on their false alarm report the failure to respond.
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The fine shall be processed by the Code Compliance Division through the Code Compliance
Board.finance department shull be responsible for assessing the fifty dollar ($50.00) fine:-
(d) Notify the city within thirty (30) days of any changes of inforn1ation contained on the
original application.
(e) Properly maintain the alarn1 system to ensure malfunctions due to faulty maintenance
will not occur.
Sec. 2.5-9. Duty of person notified to provide access to premises, render assistance.
Any person who is notified by any member of the communications division, police
department or fire department of the activation of an alarm system and who is able to give
access to the alarm site shall come to the alarm site within one (1) hour of the time such
person is notified of such activation and shall provide the police and/or fire department any
necessary access or assistance. Failure to respond as provided shall be grounds for and result
I in the city taking reasonable action to deactivate the alarn1. Fire alarms required by fire codes
and/or state statutes shall be exempt from deactivating the alarn1.
Sec. 2.5-10. Operation and installation of system:
No person shall install, or cause to be installed or permit to be installed any alann system
unless the requirements of this section are met.
',(a) Any alarm system which may be activated as a result of different types of emergency
situations shall give a unique signal to designate activation as a result of a hold-up, a burglary.
I a fire, or any other different type of emergency situation so that the proper notification and
proper response can be made.
(b) Any local alarn1 system shall have a twenty-minute shutoff and must not make a sound
II similar to that of a siren, an emergency vehicle or a civil defense warning system. For
I purposes of this subsection any alarm system which emits any variable tone (as opposed to a
steady pitch or a ringing sound as is made by a bell) shall be considered to be emitting a
I sound whichsound. that is similar to that of a siren, an emergency vehicle or a civil defense
warning system.
(c) Any hold-up alarm shall be designed so that it may be activated only by intentional and
deliberate human action; and any owner found in violation of subsection (a), (b) or (c) shall be
fined fifty dollars ($50.00).
I (d) The police department or fire department shall indicate any violation of subsection (a),
I (b) or (c) on the alarn1 report and eCode enforcement Compliance division shall be
responsible to take the appropriate action by issuing a notice of violation of this section. The
owner of the alarn1 system will have ten (l0) days from the date of the notice of violation to
correct the violation. If the violation is not corrected within ten (10) days, the owner shall be
fined fifty dollars ($50.00). Tthe Code Compliance Division enforcement shall process the
violations through the Code Compliance Board.
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7
notify tho finance department to mail the notice of fine (invoice) if the ':iolation is not
corrected. If the fine is not paid '.'\'ithin ten (10) days the alam} owner ",:ill be in violation of
section 2 1 7 of this chapter.
(e) The city may set reasonable standards and procedures to be followed by any alarm
system business or telephone answering service when giving notice to the communications
division of activation of an alarm system. Such standards and procedures shall be set out in
I writing. and ma~e available to any alarm system business or telephone answering service
requestmg same!!.
I
. (f) The Fire Rescue Department shall indicate any violation of subsection (a) or (b) on
I their alarm report. The Code Compliance Division Fire and Life Safety Division shall be
responsible to take the appropriate action by issuing a notice of violation of this section. The
I owner of property containin;; a commercial alarm system will have ten (10) days from the
date of the notice of violation to correct the violation. If the violation is not corrected within
I ten days, the o'.vner shall be fined $100.00 per day until the ':iolation is corrected and Fire and
I Life Safety accepts system changes or repairs.the Code Compliance Division shall process the
I violations through the Code Compliance Boooard. The fines included in this section shall be
enforced tlu'ough the Code Compliance Board.The Fire and Life Safety Di':ision shall notify
the Finance Department to mail the notice of fine if the ',-iolation is not corrected. If the fine
is not paid within ten days, the alann o'l';ner will be in violation of Sec. 2.5 17 of this chapter.
I (g) All new and retrofitted fire alarm svstems shall be UL Certificated. When a
II Certificate is issued for an alarm system, it is the installer's declaration thatthe system will be
installed. maintained, tested, and monitored in accordance with applicable codes and
II standards. The Certificated installation is then subiect to random physical audit by UL's
alarn} system specialists. In addition as part of the annual audit processes the UL's
! I representatives shall closely scrutinize the required documentation that goes along with a
! I certificated alarm system. If noncompliance is found, the alarm company must rectify the
: problem or face cancellation of the certificate. If cancellation of the certificate occurs other
, ! compensatory measures shall be implemented as determined by the Fire Marshal or designee.
Sec.2.5-l1. False alarms prohibited; exceptions:
No person shall intentionally activate an alarm system for any purpose other than an
I emergency or threat of emergency of the kind for which the alarm system was designed to
give notice. The owner or person responsible for testing a fire, bur;;lary or emer;ency alarm
system shall be required to notify the Police Department and/or the Fire and Life Safety
Division a minimum of one (1) hour prior to the alann system test. It shall then be an
affirmatiyo defense to prosecution under this section that the alann system sounded sololy for
the purpose of testing the alanu, and the person \vho tested the a1am} took reasonable
precautions to avoid any request being made to the police department or fire department to
respond to such alarm.
Sec. 2.5-12. Excessive false alarms declared a public nuisance; exceptions.
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(a) The activation of more than three (3) false alarms of a residential alam1 system within
any fiscal vear of October 1 through September 30 twclw month period of time is excessive
and constitutes a serious nuisance, and is hereby declared to be unlawful and a violation of
this section. No person shall allow, permit, cause or fail to prevent the activation for any
reason, by any alam1 used by such person, or any alarm serving a premises or a building
occupied and controlled by such person, of more than three (3) false alam1s within any fiscal
year of October 1 through September 30 twelve month period of time.
(b) All new residential property with a pennitted alarm system shall be exempt from the
application of this section for the first three (3) months from the date of initial installation.
(c) Occupancies with multiple alarm zones, apartment complexes, or commercial
occupancies with multiple alarm systems, that are maintained by the same company, may be
declared nuisance alarms by the Fire Marshal and shall be assessed a false alarm fee.
Sec. 2.5-13. False alam1 response service fee; collection:
I
For response to excessive false alarms by the police department or fire department, the alam1
user shall be charged a service fee by the City as follows:
1 st false alarm in a fiscal vear of October 1 through September 30 12 month period -
No charge
'I 2nd false alarm in a fiscal vear of October 1 through September 30 12 mon~b period -
I I No charge
II 3rd false alann in a fiscal year of October 1 throullh September 30 12 month period =
II No charge
I. 4th false alarm in a fiscal year of October 1 through September 30 12 month period -
$75 for residential; $200 for commercial
5th false alarm in a fiscal year of October I through September 30 ] 2 month period -
$100 for residential; $500 for commercial
6th false alann in a fiscal year of October 1 throullh September 30 l'") month peri od -
$150 for residential; $750 for commercial
th and successive false alarn1 in a fiscal vear of October 1 through September 30 -t 2
month period - $200 for residential; $1000 for commercial.
Example: A residence with 9 false alarms within a fiscal vear of October 1 through
September 30 12 months would be calculated as follows:
1 st $0
2nd$0
3rd $0
4th $75
5th $100
6th $150
th $200
8th $200
9th $200
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$925 Total
The Cehief of r.j:701ice or his/her designee shall determine whether a false burglar alarm has
occurred and the frequency of such false alarms. The city shall notify alarm users of amounts
owed to the city and shall make demand therefore, pursuant to the provisions of this section.
The Fire Marshal shall detem1ine whether a false fire or medical alarm has occurred and the
frequency of such alarms.
faj--Proof of alarm repair on the date of the false alarm can result in the fine being reduced
or waived, if approved by the Fire Marshal or the Chief ofPolice:-;- or their designees.
The Fire and Life Safety Di'."isiol1 \\'ill bill and maintain records for all fire and medical false
alarms.
The city attorney may proceed by a suit in a court of competent jurisdiction to collect said
charge after demand therefore has been made by the city and the payment thereof refused by
I the alarm user.
Sec. 2.5-14. Interference with city telephone trunk lines prohibited:
(a) No person shall use or cause to be used any telephone or electronic device or
II attachment that automatically selects a public primary telephone trunk line of the
communications center, police Departmontdepartment, fire department or any other
I i department or bureau of the city, and then reproduces any prerecorded message to report any
I burglary, unauthorized entry or other emergency.
I (b) No person shall provide a private alarm service system programmed to a central alarm
reception office unless it shall have the central office staffed at all times, twenty-four (24)
hours a day, including holidays.
I (c) Any staff member of a private alarm service system reporting an alarm activation to
II which police department and/or fire department response is requested shall identify himself
and state the name and telephone number of the alarm business by which such response is
requested.
(d) The request for response shall include the name, telephone number, and zone, if
applicable, of the alarm activation.
Sec. 2.5-15. Audible alarms:
All alarms '.vhich may be heard in any public placoalarms that may be heard in any public
place shall be equipped and maintained to automatically cut off no longer than twenty (20)
minutes after being set off. Activated.
Sec. 2.5-16. Enforcement through the Code Compliance Board codes enforcement board:
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The building officiaL f.f>olice Cehief, [fIre s:;,ehief or their designees may initiate action
before the waes.-Codes Compliance Board onforcement board of the city to obtain compliance
with this chapter and payment of service charges assessed by the city~ pursuant to section 2.5
g. The board shall have the authority to place a lien against the property served by a burglar
and/or fire alann in the amount of all asses::;ed service char;esdailv accrued fines.
administrative costs and service charges.
Sec. 2.5-17. Service charge, fines; failure to pay:
The owner of an alarm system in violation of a specified section of this chapter shall have ten
(10) days from the date of the violation notice to pay the service charge and/or fine.
(a) If the owner fails to pay the service charge or fine within ten (10) days the matter will
be processed through the Code Compliance Board. city shull notify the owncr or person in
charge of the alum1 system by certified mail that the pa:yment is past due in violation of this
section and demand that payment be made within ten (10) days of the dute of the demand for
pa)1ncnt letter.
(b) If the owner or person in charge of the alarm system fails to pay the past due amount
within ten (10) days, the city attomey may proceed by a suit in a court of competent
jurisdiction to collect said unpaid service charges and/or fines from an alarm system owner,
and the city attorney shall have the authority to place a lien against the property served by a
burglar and/or fire alarn1 in the amount of all assessed service charges and/or fines.
II (c) The owner of the alarm system and/or the premises the alarn1 system serves shall be
responsible for all costs incurred in collecting the service fee including attomey's fees
Sec. 2.5-18. Departmental review of contested fees:
(a) Alarm users wishing to contest a false alarm response service fee shall provide to the
police fire rescue department, within thirty (30) days of imposition of the fee, a written
explanation including work orders specifying dates of service calls, detailing reasons that the
false alann response service fee should be reduced or waived.
(b) The chiefs of the police department and the fire rescue and life safety department ~shall
each designate a member of their respective departments to process, review and make a
written recommendation to the department chief on each case contesting a false alanl1
response service fee.
(c)_ The chief of each department shall review the recommendation and may reduce.
remove, or leave unchanged the false alann response service charge imposed pursuant to
section 2.5-13. The decision of the chief of the respective department shall be the final
decision of the city.
Sec. 2.5-19. Failure to notify:
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; No alarm business shall attempt to service, repair, alter, replace, move and/or test an alarm
l system without a prior one:: hour notice of intent to the City of Boynton Beach Fire and Life
I Safety Division and/or the Police Department.. All reasonable precautions to avoid the
transmission of false alarms shall be made. Failure to notify one hour prior to the transmission
of a false alaml shall result in a fine of $50, payable by the alarm business.
I (a) All alarm businesses and alarm monitoring companies conducting fire or medical alarm
business in the City of Boynton Beach will register with the Fire and Life Safety Division of
the Boynton Beach Fire Rescue Department.lf the alarm business fails to pay the fine within
. ten days, the alann business shaH be notified via celiified mail of their Ii;ht to request a
I hearin; before a three person board which shan be composed of the City Manager, the
Director of Public Vlorks/Engineer and the Director of Development, or their designees,
\vhich hoarin; shall be held \','ithin ten days of the date of the appeal to the City Mana;or.
(b) All alarm businesses will notify the Fire and Life Safety Division of any alteration,
I deletion, removal of service, or other operating problems of fire and medical alarm systems in
I the City of Bovnton Beach or communities served by Interlocal Alp"eements. The decision of
I the Board shall be final and shall only be subject to rcyie",v by \"Tit of certiorari to Palm Beach
I County Circuit Court.
I
I (c) .'\I1alann businesses and alarm monitoring companies conducting fire or medical alarm
II ~asiness in the City ~f Boynton Beach will re;ister with the Fire and Life Safety Di\'ision of
Iltl1e Boynton Beach FIre Rescue Depmiment.
II
II Cd) ,\,]1 alaml basinesses v,'ill no~ify the Fire and Life Safety Di\'ision of any alteration,
I deletion, removal of service, or other operating problems of fire and medical aIurm systems in
I the Ci~y of Boynton Beach.
I
II Sec. 2.5-20. Alarm business responsibility:
II An alarm company conducting fire alarm business within the city shall adhere to all
'I requirements of all applicable NFP A and UL Standards. Failure to comply with this section
of the code, as determined by the Fire Marshal, shall result in a fine of $1,000 in prosecution
before the Code Compliance Board. Fines shall be paid according to the ;uidelines in Sec.
".5 19 (a) and (b).
Sec. 2.5-21. Damage to property:
The City of Boynton Beach shall not be financially responsible for any property damage
caused by the Police and/or Fire Rescue responding to an alarm. The alarm user shall be
Isolely responsible for any damages that occur while attempting to verify the cause for the
!alarm activation.
I
Sec. 2.5-22 Operations Permit
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(a) It shall be unlawful for any business engaged in the monitoring of fire ala1111s, or
inspecting and/or testing of fire alan11s or suppression systems to operate within the
City without first obtaining an operational permit issued by the Fire Marshal.
(b) A person operating in violation of this chapter and/or Ch. 489, Fla. Stat., shall be
subject to a fine of up to five hundred dollars ($500) a day and/or sixty (60) days in
j ail for each day business is operated in violation of this section.
(c) Application for the permit shall be made to the Fire Marshal on a f01111 provided and
will be issued upon a determination that proper state and local licensing requirements
are met per Ch. 633, Fla. Stat., Ch, 489, Fla. Stat., and City Ordinance Sec. 13. There
is no additional fee for this permit.
(d) The permit shall remain in force as long as state and local licensing provisions are
maintained or unless the Fire Marshal detem1ines that the business is not satisfactorily
maintaining the systems in accordance with the Florida Fire Prevention Code and
adopted NFP A codes.
Section 3. Should any section or provision of this ordinance or portion hereof, any
paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
I such decision shall not affect the remainder of this ordinance.
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Section 4.
Authority is hereby granted to codify said ordinance.
Section 5.
This ordinance shall become effective immediately upon passage.
FIRST RKt\DING this _ day of
,2007.
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S:\CA \Ordinances\Chapter 25 Alalm Code 101907.doc
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SECOND, FINAL READING AND PASSAGE this
,2007.
day of
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
ATTEST:
Commissioner
Janet Prainito, CMC
City Clerk
Commissioner
(CORPORATE SEAL)
S:\CA\Ordinances\Chapter 25 Alarm Code 10]907.doc
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORh_
XII. - LEGAL - 2nd Reading
Non- Development
ITEM B.2
Requested City Commission Date Fina] 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
0 g] 13
September 4, 2007 August 20, 2007 (Noon) Novembe~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 Noyember ] 9,2007 (Noon)
0 Ann 0 un cem ents/Presentati ons 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda [8J Legal 2 n4 Reed
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMEND A TJON:
Approve Ordinance No. 07- _ amending section 26-34(A) of the City's Code so as to exempt outdoor restaurant
seating from !he payment of water and sewer capital facilities charges.
EXPLANATION:
This ordinance will promote the use of outdoor seating for restaurants within the service area, by eliminating the
capital facilities charge for this usage. It creates an exempt class of users for a particular purpose.
PROGRAM IMP ACT:
This change will encourage the use of outdoor seating at restaurants, rather than indoor seating. Indoor seating will
still be required to pay capital facilities charges, on a cost per seat basis.
FISCAL IMPACT:
This change will result in a potential $126,006.41 in lost water and sewer capital facilities charges revenue over the
next five (5) years.
"0 If//'";>
ALTERN A TIVES:
Ma no change in the current ordinance.
Manager's Signature
(lIA.'
Assistant to City Manager b~
UTILITIES
Department Name
City Attorney / Finance
XC: Peter Mazzella
Barbara Conboy
Finance
City Attorney
File
S\BULLETrN\FORMS'AGENDA ITEM REQUEST FORM. DOC
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ORDINANCE NO. 07-
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AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA AMENDING
CHAPTER 26, "WATER, SEWERS AND CITY
UTILITIES", AMENDING SECTION 26-34, "CAPITAL
FACILITIES CHARGES AND CONNECTION
CHARGES", PARAGRAPH (A), "CAPITAL FACILITIES
CHARGE IMPOSED", TO EXEMPT OUTDOOR
RESTAURANT SEATING FROM THE PAYMENT OF
WATER AND SEWER CAPIT AL FACILITIES
CHARGES; AND PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE
DATE.
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WHEREAS, the City of Boynton Beach Code of Ordinances currently imposes a
17 I water and! or sewage capital fooi 1 iti es charge on properti es wi thin the C i [y' s water and sewage
18 I service area that receives water and/or sewage service from systems owned or control by the
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[9 IICi[y;and
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WHEREAS, the capital facilities charge is designed to cover the cost of existing or
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additional raw water production facilities, water treatment facilities and water distribution
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facilities together with sewage transmission facilities either existing or additions and
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improvements thereto which will be utilized by the City to provide water and sewer service to
I said property; and
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WHEREAS, the City Commission of the City of Boynton Beach seeks to promote the
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use of outdoor seating at restaurants within the City's service area; and
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WHEREAS, the City Commission of the City of Boynton Beach finds that by
28 eliminating the capital facilities charge for the use of outdoor seating at restaurants \vithin the
29 City's service area will encourage the use of such outdoor seating at area restaurants. rather
30 than indoor seating; and
S:\CA \Ordinances\Capital Facilities Charges (Outdoor Seating) 1 03007 .doc
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WHEREAS, City Commission of the City of Boynton Beach deems it to be in the best
2 interest of the citizens and residents of the City to eliminate the capital facilities charge for the
3 use of outdoor seating at restaurants within the City's service area.
4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
Each Whereas clause set forth above IS true and correct and
7 incorporated herein by this reference.
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Section 2.
That Chapter 26, entitled "Water, Sewers and City Utilities", Article II,
Section 26-34, is hereby amended in part by amending paragraph (A) as follows:
Sec. 26-34
Capital facilities charges and connection charges.
(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:
* * *
(2)
Sewage
* * *
Said capital facilities charge is designed to cover the cost of existing or additional raw
water production facilities, water treatment facilities and water 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.
A capital facilities charge shall not be assessed to restaurants for temporary outdoor
seating on private property as long as said outdoor seating does not exceed 50% of the
total customer seating provided by the restaurant at that location. All outdoor seating
at restaurants located within a mixed-use proiect approved within a mixed-use zoning
district in the Community Redevelopment Area, or restaurants located within a public
S:\CA\Ordinances\Capital Facilities Charges (Outdoor Seating)103007.doc
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building or the Public Usage Zoning District are exempt from the capital facilities
charge.
Temporary shall be defined us tubles and seating arranged and utilized durin;;
the months of November through April, commonly rcfelTcd to as the "sousor"." Tables.
chairs and benches utilized for temporary seuting shull be removed und stored during
the months of May through October. Any permissible manent outdoor restaurant
seating shall not be assessed a capital facilities charge. .'\ny permissible pennanent
indoor seating \vhether indoors or outdoors, shall continue to be assessed capital
facilities charges. Under no circumstances shall any permanent or temporary seating
be located partially or completely within required parking spaces, easements, fire
lanes, access aisles, or the public right-of-way~ except with city approval and in accord
with city regulations.
For the purposes of this ordinance, "outdoor seating" is defined as any customer
seating placed outside (exterior) of the fixed and pem1anent walls of the building
where the restaurant is located.
For properties located within the community redevelopment area that are assessed
capital facilities charges pursuant to this section, the capital facilities charge may be
paid in full prior to or at the time of building permit issuance or on an installment
basis, without interest, for an amortization period not to exceed eighteen (18) months
from building permit issuance. Should the installment payment option be utilized,
charges will be billed on a monthly basis, and the property shall only be credited for
the value of that portion of the capital facilities which has been paid.
* * *
Section 3.
Each and every other provision of Chapter 26, not herein specifically
amended shall remain in full force and effect as previously enacted.
Section 4.
All ordinances or parts of ordinances in conflict herewith be and the
29 same are hereby repealed.
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Section 5.
Should any section or provision of this ordinance or portion hereof, any
31 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
32 such decision shall not affect the remainder of this ordinance.
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Section 6.
Authority is hereby granted to codify said ordinance.
Section 7.
This ordinance shall become effective immediately upon its passage
S:\CA \Ordinances\Capital Facilities Charges (Outdoor Seating) 1 03007.doc
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and adoption.
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FIRST READING this _ day of
,2007.
SECOND, FINAL READING AND PASSAGE this
,2007.
day of
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
Janet M. Prainito, CMC
City Clerk
(CORPORATE SEAL)
S:\CA\Ordinances\Capital Facilities Charges (Outdoor Seating)103007.doc
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