Agenda 06-17-08
The City of
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100 E. Boynton Beach Boulevard. (561) 742-6000
City Commission
REVISED AGENDA
JUNE 17,2008
Jerry Taylor
Mayor - At Large
Ron Weiland
Commissioner - District I
DISTRI T I
Jose Rodriguez
Vice Mayor - District III
Woodrow Hay
Commissioner - District II
Marlene Ross
Commissioner - District IV
Kurt Bressner
City Manager
James Cherot
City Attorney
Janet M. Prainito
City Clerk
www.boynton-beach.org
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WELCOME
Thank you for attending the City Commission Meeting
GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which determines the order of
business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or
item of business, which is not listed upon the official agenda, unless a majority of the Commission has first
consented to the presentation for consideration and action.
. 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
June 17, 2008
6:30 P.M.
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation
C. Pledge of Allegiance to the Flag led by Vice Mayor Jose Rodriguez
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
II. OTHER:
A. Informational Items by Members of the City Commission
III. ANNOUNCEMENTS, COMMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. Announcements:
1. Salute to Independence, Friday July 4, 2008, from 6:30 to 9:30 p.m. at
Intracoastal Park. A concert with Ovation Band begins at 6:30 p.m. with
a patriotic salute scheduled for 7:30 p.m. At 9 p.m. the world famous
"Fireworks by Grucci" will light up the sky. FREE EVENT
B. Community and Special Events:
None
C. Presentations:
1. Proclamations
None.
2. Presentation of a certificate to the Mayor and City Commission by Ms.
Caryn Seifert of AmSan in recognition of the City's use of Green Seal
certified 100% recycled paper towel and toilet paper products, as well as
Green Seal certified foam hand soap in all City facilities.
Revised Agenda
Regular City Commission
Boynton Beach, FL
June 17, 2008
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 Angela F. Budano, a regular member of the Arts
Commission.
B. Accept the resignation of George Moyer, a regular member of the Code
Compliance Board.
C. Appointments
Appointment
To Be Made
I Weiland
Mayor Taylor
II Hay
Weiland
II Hay
III Rodriguez
IV Ross
Mayor Taylor
II Hay
III Rodriguez
II Hay
III Rodriguez
Length of Term
Board Expiration Date
Bldg. Bd. of Adj. & Appeals Reg 3 yr term to 12/10
Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/08 Tabled (2)
Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/08
Cemetery Board Reg 3 yr term to 12/08
Code Compliance Board Alt 1 yr term to 12/08 Tabled (3)
Code Compliance Board Alt 1 yr term to 12/08 Tabled (3)
Community Relations Board Alt 1 yr term to 12/08
Education & Youth Advisory Board Alt 1 yr term to 12/08 Tabled (3)
Library Board Alt 1 yr term to 12/08
Library Board Alt 1 yr term to 12/08
Veterans Advisory Commission Alt 1 yr term to 12/08
Veterans Advisory Commission Reg 3 yr term to 12/08
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. Regular City Commission - June 3, 2008
2
Revised Agenda
Regular City Commission
Boynton Beach, FL
June 17, 2008
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2007-2008 Adopted Budget.
1. Award the "THREE YEAR LEASE OF SEVEN (7) NEW AND UNUSED 2008
SATURN (VUE) VEHICLES", Bid #089-2110-08/0D to Saturn of West
Palm Beach, for $338.56 per month, per vehicle for a total expenditure of
$28,439jyear. (Proposed Resolution No. R08-065) (Tabled to June
17, 2008)(Request tabling to July 1, 2008)
2. Approve the purchase from Ten-8 Fire Equipment Inc., of one new 2008
International chassis model AD-170 type #2 ambulance for an amount
not to exceed $172,911.
3. Approve the "ANNUAL SUPPLY OF POLYPHOSPHATE TYPE CORROSION
INHIBITORS", Bid #040-2821-08/JA, to Nalco Company of Naperville, IL.
for an estimated annual expenditure of $60,000.
C. Resolutions
1. Proposed Resolution No. R08-069 RE: Approving and
authorizing execution of Memorandums of Understanding and Attestation
to accept funding from the Florida Department of Elder Affairs, Senior
Center Fixed Capital Outlay program, for capital improvements to the
Boynton Beach Senior Center.
2. Proposed Resolution No. R08--070 RE: Approving and
authorizing reinstatement of the Affordable Housing Advisory Committee.
3. Proposed Resolution No. R08-071 RE: Approving and
authorizing execution of Amendment #1 to Task Order U07-03-05 with
Brown and Caldwell for additional time and effort by the consultant to
develop a Water Supply Facilities Work Order Plan as required by the
South Florida Water Management District resulting in the additional cost
of $9,980.
4. Proposed Resolution No. R08-072 RE: Approving and
authorizing amendment to Rule #19 of the Cemetery Rules &
Regulations to correct language to reflect the fee for staff time would be
charged if services extend beyond the normal work schedule.
5. Proposed Resolution No. R08-073 RE: Approving
Change Order #21 for cost escalations in the amount of $252,518 and
the revised Library construction contract award amount to Sessoms
Construction in the amount of $6,876,702.69 + $252,518 plus a
contingency amount of $175,000 for a total amount of $7,304,220.69.
Also review the current Substantial Date of Completion of the Library.
3
Revised Agenda
Regular City Commission
Boynton Beach, FL
June 17, 2008
D. Authorize members of the City Commission to attend the Florida League of Cities
82nd Annual Conference, August 14-16, 2008 in Tampa, FL.
E. Authorize the use of $500 from Commissioner Ross's Community Investment
Fund to help fund the Heart of Boynton Community Intergenerational Gathering
held on Saturday, July 19, 2008 at the Carolyn Sims Center.
VII. CODE COMPLIANCE & LEGAL SETTLEMENTS:
None
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA
PERMITS
The City Commission will conduct these public hearings in its dual capacity as Local
Planning Agency and City Commission.
A.
Project:
Agent:
Owner:
Location:
Descri ption:
B.
Project:
Agent:
Owner:
Location:
Description:
c.
Project:
Agent:
Description:
City Towing (LUAR 07-003)
Dave Beasley
Charles S. Cook and Alice Snow
506 and 510 NE 3rd Street
Request to amend the Comprehensive Plan Future Land Use Map
from General Commercial (GC) to Industrial (I). (1st reading
Proposed Ordinance No. 08-013)
Request to rezone from C-4, General Commercial District to M-1
Industrial. (1st reading Proposed Ordinance No. 08-014)
City Towing (ABAN 07-002)
Dave Beasley
Charles S. Cook and Alice Snow
506 and 510 NE 3rd Street
Request for abandonment of a 10-foot wide alley lying between
and adjacent to lots 46 and 47 of the Arden Park Addition to
Boynton. (1st reading Proposed Ordinance No. 08-015)
Comprehensive Plan Amendments based on the 10-year
Water Supply Facilities Work Plan
City-initiated
Request for amendments to Comprehensive Plan to incorporate
State required 10-year water supply Facility Work Plan and related
amendments to four elements. (1st reading Proposed
Ordinance No. 08-016)
4
Revised Agenda
Regular City Commission
Boynton Beach, FL
June 17, 2008
D.
Project:
Land Development Regulation - Rewrite Group 5 (CDRV
07-004)
Chapter 3, Article V Supplemental Regulations
Chapter 4, Article III, Section 3.F.3
Chapter 4, Article III, Section 5.B
City-initiated
A portion of Group 5 deliverable, pursuant to the LDR Rewrite
Work schedule, which includes Chapter 3, Article 5. Supplemental
Regulations.
Agent:
Descri ption:
Chapter 4, Article III, Section 3.F.3 Donation Bins and Chapter 4,
Article III, Section 5.B. Crime Prevention Through Environmental
Design (CPTED)
This proposed section will ultimately replace and enhance portions
of the current LDR Part III, Chapter 2 (Zoning), Sections 4, 6, 11,
13, 14, 17, and 19; and Chapter 6, Article IV, Section 8 (Seawalls,
Bulkheads, Piers and Docks)
IX. CITY MANAGER'S REPORT:
A. Direct staff to continue research for an IT solution for electronic agenda software
and future audio/visual and data storage components that integrate with the
City's existing Laserfiche repository and bring back to Commission a preferred
vendor selection based on future needs and preferences of the City Commission
B. Follow-up on Capital Improvement Program Budget - June 17, 2008
X. FUTURE AGENDA ITEMS:
A. Review new resolution for enclave annexation (Tabled on February 19, 2008)
-July 1, 2008
B. Reconsideration of conveyance of Old High School from CRA to City of Boynton
Beach - October 7, 2008
C. Consideration/Adoption of Tentative Millage Rate - July 15, 2008
D. Budget Workshops - July 28-29, 2008 - location TBD
XI. NEW BUSINESS:
None
5
Revised Agenda
Regular City Commission
Boynton Beach, FL
June 17, 2008
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBLIC HEARING
None
B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING
None
C. Ordinances - 1st Reading
1. Proposed Ordinance No. 08-017 RE: Approving the
establishment of a non-ad valorem assessment to fund fire services.
D. Resolutions:
None
E. Other:
1. RECESS FOR CLOSED DOOR SESSION:
BOYNTON BEACH ALLIANCE; and DESIDERIO COPRORATION, a Florida
Corporation, EWELL L. MILLER, individually; and SIR ELECTRIC, INC., a
Florida Corporation, Plaintiffs vs. The City of Boynton Beach, Defendant -
Case No. CA 02 01704 AN. In attendance is the City Manager, City
Commission, City Attorney James Cherof, Assistant City Attorney Michael
Circullo.
Length of time approximately 1 hour.
This closed door session was requested by the City Attorney at the City
Commission meeting held on May 6, 2008.
XIII. UNFINISHED BUSINESS:
A. Disposition of BOYNTON BEACH ALLIANCE; and DESIDERIO COPRORATION, a
Florida Corporation, EWELL L. MILLER, individually; and SIR ELECTRIC, INC., a
Florida Corporation, Plaintiffs vs. The City of Boynton Beach, Defendant - Case
No. CA 02 01704 AN
6
Revised Agenda
Regular City Commission
Boynton Beach, FL
June 17, 2008
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, HElsHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HElsHE MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
(F.S. 286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXIUARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABIUTY AN
EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE
CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST 1WENlY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE
CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
REVISED AGENDA 5/13/08
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7
III.-ANNOUNCEMENTS & PRESENTATIONS
Item A.1
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 April 15, 2008 March 31,2008 (Noon) ~ June 17, 2008 June 2, 2008 (Noon)
D May 6, 2008 April 14, 2008 (Noon) D July 1,2008 June 16,2008 (Noon)
D May 20, 2008 May 5, 2008 (Noon) D July 15,2008 June 30, 2008 (Noon)
D June 3, 2008 May 19,2008 (Noon) D August 5, 2008 July 14,2008 (Noon)
~ Announcements/Presentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfmished Business
D Public Hearing D
RECOMMENDATION: Announcement of July 4th Salute to Independence.
EXPLANATION: Salute to Independence, Friday, July 4,2008, from 6:30 - 9:30 p.m. at Intracoastal
Park. FREE EVENT. A concert with Ovation Band begins at 6:30 p.m.
There will be a Patriotic Salute scheduled for 7:30 p.m. At 9 p.m. the world famous "Fireworks by
Grucci" will light up the sky. Food and beverage vendors will be on-site. Park and ride shuttle fs>m ~
Bank of America on the NE comer ofE. Ocean Avenue and N. Federal Hwy. co S~
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ALTERNATIVES:
Dep
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, 7'i()<~J/E~C-' '--'-
~; - City Manager's Signature
Assistant to City Manager ~
f!12Ii S't;d&J&i;;
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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III.-ANNOUNCEMENTS & PRESENTATIONS
Item C.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 15,2008 March 31, 2008 (Noon) ~ June 17,2008 June 2. 2008 (Noon)
0 May 6, 2008 April 14, 2008 (Noon) 0 July 1, 2008 June 16, 2008 (Noon)
0 May 20, 2008 May 5, 2008 (Noon) 0 July 15,2008 June 30, 2008 (Noon)
0 June 3, 2008 May 19, 2008 (Noon) 0 August 5,2008 July 14,2008 (Noon)
~ Ann ouncements/Presentations 0 City Manager's Report
NA TURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDA TION: Presentation of a certificate to the Mayor and City Commission by Ms. Caryn Seifert of
AmSan in recognition of the City's use of Green Seal certified 100% recycled paper towel and toilet paper products,
as well as Green Seal certified foam hand soap in all City facilities.
EXPLANA TION: As part of the City's Green Task Force initiatives to promote environmental sustainability, the
City is using Green Seal certified 100% recycled paper towel and toilet paper and Green Seal certified foam hand
soap in all City facilities. In order to reduce waste, automatic infrared soap dispensers and recycled paper towel
dispensers have been installed in all City facilities. The automatic dispensers provide for 100% usage with no waste.
PROGRAM IMP ACT: This program has promoted environmental sustainability and awareness by all City staff and
visitors to City facilities.
FISCAL IMPACT: City staff anticipates a reduction in product use over time due to the reduction in waste resulting
from the use of automatic dispensers.
ALTERNATIVES: There are other alternatives in janitorial products, but those products do not have the Green
Seal certification that the City's Green Task Force has established as a goal for the City.
~/-<dJ:, L/'~~~
City Manager's Signature
Assistant to City Manager
~
Utilities Department
Department Name
City Attorney I Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
V. ADMINISTRATIVE
ITEM A.
Ms Debby Coles-Dobay
Public Art Administrator
City of Boynton Beach
100 E. Boynton Beach Blvd.,
Boynton Beach, Florida 33425
Art in Public Places
Enriching our Community through Public Art
561 7426026
colesdobayd@ci.boynton-beach.fl.us
27 May 08
Dear Debby-
Please accept this letter of resignation for my position on the Arts Commission Advisory Board. It has
been a privilege having served since 2004. I certainly am proud of our many accomplishments and it has
been very rewarding to be a part of it all.
The addition of Anderson Slocombe to the committee marks an opportune time for me to exit since surely
he will lend the essential experience and professionalism needed to continue our success. I highly
encourage the City Commission to appoint him as a full time member as my replacement in order for him
to best use his skills with voting power.
Thank you for all your many years of dedication to this highly worthy cause and I wish you and the board
all the best.
Respectfully yours,
"l r '..... t
-h ;;,;tlrr. ~ f:l'l\i/""'f('. ~,
/ \( "~' 1 r._~.Vw' \. (---'
Angela F. Budano
Vice Chair
Arts Commission Advisory Board
561 733.3000
v. ADMINISTRATIVE
ITEM B.
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V. ADMINISTRATIVE
ITEM C.
APPLICANT ELIGIBLE FOR APPOINTMENT 6/17/u~
Last Name First 1 st Choice 2nd Choice 3rd Choice
Name
Dwork Jonathan Planning & Dev. Bd.
Caudell Scott Police Officers'
Retirement Trust Fund
Grace Joyce Arts Commission
Helo Martin Library Board
Norfus Victor Planning & Dev Bd.
Rodriguez Luis Education & Youth Adv.
(STUDENT) Bd.
Tengbergen Sherie Arts Commission
Timm H. Warren Planning & Dev Bd.
S:\CC\WP\BOARDS\APPMENTS\Board Year 2008\Applicants Eligible for Appointment 6 17 08.doc
1
VI.-CONSENT AGENDA
ITEM B.l.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D April 15, 2008 March 31,2008 (Noon) [8J June 17, 2008 June 2, 2008 (Noon)
D May 6, 2008 April 14,2008 (Noon) D July I, 2008 June 16,2008 (Noon)
D May 20, 2008 May 5, 2008 (Noon) D July 15,2008 June 30, 2008 (Noon)
D June 3, 2008 TABLED May 19, 2008 (Noon) D August 5, 2008 July 14,2008 (Noon)
D Announcements/Presentati ons 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
RECOMMENDATION: This item was tabled at the June 3, 2008 meetine to allow staffto compare the costs
associated with purchasine (7) seven vehicles for the COP. Reauest that this item remain tabled to the
Julv 1, 2008 meetioe
Motion to award the, "THREE YEAR LEASE OF SEVEN (7) NEW AND UNUSED 2008 SATURN (VUE)
VEHICLES", Bid#089-21l0-08/CJD to SATURN OF WEST PALM BEACH, for $338.56 per month per vehicle for a
total expenditure is: $28,439.00/year.
EXPLANATION: On May 7, 2008, Procurement Services received and opened three (3) proposals for the lease of seven (7)
vehicles. After careful evaluation it was determined that Saturn of West Palm Beach, offering a thirty nine (39) month lease
is the lowest, most responsive, responsible bidder who meets all specifications. The yearly cost of: $28,439.00 includes
monthly service, i.e.; regular oil changes, other fluids and tire rotation. The Police Department leases these vehicles for the
Citizens On Patrol program. Police Chief, Matthew Immler concurs with this recommendation (see attached Memo).
PROGRAM IMP ACT: : The purpose of this bid is to obtain prices from vendors to provide a three (3) year lease program
to include, but not limited to, specified requirements for new and unused vehicles for use in the City's Police Department by
the Citizens On Patrol (CO.P.) group.
FISCAL IMPACT: ACCOUNT NAME/NUMBER: Other Contractual Services
ANNUAL EXPENDITURE: $28,439.00IYear
AL TERNA TIVES: Do away with this program, thereby reducing the securi
001-2110-521-44-40
Department Head's Signature
Assistant to City Manager C/Jvt.,
City Attorney I Finance
SIBULLETINIFORMSIAGENDA I EM REQUEST FORM DOC
C: John Huntington - Officer
Sarah Byers - Assistant to the Police Chief
File
A
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meeting Dates in to City Clerk's Office Meeting, Dates in to City Clerk's Offic<;
D April 15.2008 March 31, 2008 (Noon) ~ June 17,2008 June 2. 2008 (Noon)
D May 6, 2008 April 14,2008 (Noon) D July 1. 2008 June 16,2008 (Noon)
D May 20, 2008 May 5, 2008 (Noon) D July 15,2008 June 30, 2008 (Noon)
~ June 3, 2008 May 19,2008 (Noon) D August 5, 2008 July 14, 2008 (Noon)
~ble.d
0 Announcements/Presenta tions D City Manager's Report
NATURE OF 0 Administrative D New Business
AGENDA ITEM ~ Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Motion to award the, "THREE YEAR LEASE OF SEVEN (7) NEW AND UNUSED 2008
SATURN (VUE) VEHICLES", Bid#089-2110-08/CJD to SATURN OF WEST PALM BEACH, for $338.56 per month
per vehicle for a total expenditure is: $28,439.00/year.
EXPLANATION: On May 7,2008, Procurement Services received and opened three (3) proposals for the lease of seven (7)
vehicles. After careful evaluation it was determined that Saturn of West Palm Beach, offering a thirty nine (39) month lease
is the lowest, most responsive, responsible bidder who meets all specifications. The yearly cost of: $28,439.00 includes
monthly service, i.e.; regular oil changes, other fluids and tire rotation. The Police Department leases these vehicles for the
Citizens On Patrol program. Police Chief, Matthew Immler concurs with this recommendation (see attached Memo).
PROGRAM IMP ACT: : The purpose of this bid is to obtain prices from vendors to provide a three (3) year lease program
to include, but not limited to, specified requirements for new and unused vehicles for use in the City's Police Department by
the Citizens On Patrol (C.O.P.) group.
FISCAL IMPACT: ACCOUNT NAME/NUMBER:
ANNUAL EXPENDITURE:
Other Contractual Services
001-2110-521-44-40
$28,439 .OOIY ear
AL TERN A TIV~E' Do ,wa with thi, pwgnun, thmby "clueing tho ,eeurity in tho ",io", 10ootion, within the <ojty
:;aid; ~ .
Dep e e's Signature anager's Signature
A'~tant ~City M,nag" ~>_>
~ - 7JW
City Attorney I Finance
/'
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
C: John Huntington ~ Officer
Sarah Byers ~ Assistant to the Police Chief
File
, I
1 RESOLUTION NO. R 08-
2
3 A RESOLUTION OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 APPROVING THE AWARD OF A THREE YEAR
6 LEASE (BID NO. 089-21l0-08/CJD) FOR SEVEN NEW
7 AND UNUSED VUE VEHICLES TO SATURN OF
8 WEST PALM BEACH, IN THE ANNUAL AMOUNT
9 OF $28,439.00; AUTHORIZING THE MAYOR TO
10 EXECUTE SAID CONTRACT; AND PROVIDING AN
11 EFFECTIVE DATE.
12
13 WHEREAS, On May 7, 2008, Procurement Services received and opened three
14 (3) proposals for the lease of seven (7) vehicles; and
15 WHEREAS, it was determined that Saturn of West Palm Beach was the lowest,
16 most responsive responsible bidder who met and exceeded all specifications.
17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
18 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
19
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed
20 as being true and correct and are hereby made a specific part of this Resolution upon
21 adoption.
22
Section 2.
The City Commission of the City of Boynton Beach, Florida,
23 hereby approves the award of a three year lease of seven (7) Saturn Vue vehicles for use in
24 the Police Department by the Citizens on Patrol (C.O.P.) group in the annual amount of
25 $28,439.00, subject to budget appropriations, and authorizes the Mayor to execute a Lease
26 Agreement between the parties, a sample copy of which is attached hereto as Exhibit "A".
27
28
Section 3.
That this Resolution shall become effective immediately.
S:\CA\RESO\Agreements\Bid Awards\Bid Award - Seven Vue Vehicles - 2008.doc
PASSED AND ADOPTED THIS_._ day of June, 2008.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16 ATTEST:
17
18
19
20 Janet M. Prainito, CMC
21 City Clerk
~I
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Woodrow L. Hay
Commissioner - Marlene Ross
27 (Corporate Seal)
28
S\CA\RESOv\greements\Bid Awards\Bid Award - Seven Vue Vehicles - 2008.doc
CITY OF BOYNTON BEACH, FLORIDA
INTER-OFFICE MEMORANDUM
'0: Carol Doppler, CPPB
Purchasing Agent
FRO~ t:rl.~on, Officer
VIa l runllngll
Matthew Immler,
Chief of Police
DATE:
May 14, 2008 FILE:
New Saturn Lease Pro~1: t,\'I 'E 0
Tab Sheet it. t t'- ')f\~~
...\1 \ '\) ,-v
'^,..., ,.~,j\cE.S
......\"'"
SUBJECT:
REFERENCES:
ENCLOSURES: Tab Sheet
I have reviewed the Tab Sheets for the Saturn Lease Program and have the following recommendation:
Saturn of West Palm Beach has bid the lowest price at $2,369.92 month (39 month lease) for seven new
Saturn Vues. Allstate Leasing's bid of $3,843.00 (36 month lease) was $1,473.08 month higher than
Saturn ofWPB. I recommend the Saturn ofWPB offer for a 39 month lease.
Our current lease with Saturn of WPB expires on May 29, 2008. Saturn of WPB has provided monthly
service on our lease vehicles and the customer service has been exceptional. The bid, $2,369.92,
includes monthly service, i.e.; regular oil changes, other fluids and tire rotation from Saturn ofWPB.
In addition, Saturn of WPB has agreed to waive the disposition fee of $250.00 on each of the seven
vehicles due to be turned in on May 29,2008, a savings of$1,750.00.
Matthew Immler, Chief of Police
DISAPPROVED
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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) 742-6323
Broadcast Date (City): APRIL 15, 2008
Bid Title: THREE (3) YEAR LEASE OF SEVEN (7) NEW & UNUSED 2008 SATURN
(VUE) VEIDCLES
Bid Number: 089-2110-08/CJD
Bid Received By:
MAY 7, 2008, 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: MAY 7, 2008, no later than 2:30 P.M. (local time) and may not be
withdrawn within ninety (90) days after such date and time.
All awards made as a result of this bid shall conform to applicable sections of the charter and
codes ofthe City.
Federal LD. Number:
)" } / ) ~ .;
.-/ 19 -r U leA/ 0'/ l{,/dJ 7 / 4-t-~ .bc<:*t7'
.Ja ()J7J~:J/
Name of Vendor:
Area Code:
Sb/
S/w/
/' ! O,e..;~' L.~/'f!
Telephone Number: 6 9 ) r (77??
Jf7-~- _/ ? ? f/
/ .,) .J- c/ /1,/ /11ft / / 4-d Y-'
/~t/l'1 pi'/lz: t/ /?
FAX Number:
A Corporation of the State of:
Area Code:
Mailing Address:
/'/'fL
City/State/Zip:
tytfJr
~;,~~~
Vendor Mailing Date:
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL
t ...~
SPECIFICATIONS
FOR
"THREE-YEAR LEASE OF SEVEN (7) NEW
AND UNUSED 2008 SATURN (VUE) VEmCLES"
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.
SCOPE OF BID: The City of Boynton Beach is seeking prices from vendors to provide a three
(3) year lease program to include, but not limited to, specified requirements for seven (7) new
and unused 2008 Saturn (VUE) Vehicles for use in the City's Police Department.
TERM OF LEASE
Three (3) year lease agreement (Y f J"'"I10A/ 711'J)
L Vehicles must be delivered between May 30, 2008 and June 10, 2008
TYPE OF VEHICLE/SEVEN (7) VEmCLES
-L Saturn VUE Automatic, Four (4) Cylinders with Full Wheel Cover
MAINTENANCE
Option for City to provide oil changes
-L Attach a separate sheet of paper explaining any other maintenance costs related to your
lease program.
3
THIS PAGE TO BE SUBMI'ITED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
SPECIAL CONDITIONS
x
X
X'
Minimum mileage will be 12,000 miles per year
Vehicles will be white in color
Vehicle will be striped with vinyl tape by the City for the Police Department's C. O.P.
Program
A device will be provided for roof-top mounting of a strobe light
x
Front floor mats will be provided
X A sample lease agreement will be submitted with proposal
FINANCIAL
'x On Proposal Page 14, list monthly payments per vehicle
)( List all billable costs at "turn-in time"
4
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
PROPOSAL BLANK
BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA
To All Bidders:
Date:
~k
(
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 vehicle called for.
When submitting more than one bid proposal price for vehicles, 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 vehicles in accordance with the specifications for the sum
of:
LEASE OF SEVEN (7) NEW & UNUSED 2008 SATURNS:
VUE AUTOMATIC, FOUR (4) CYLINDERS WITH FULL WHEEL COVER:
3J S' f:-' X 7 $;:( J (; 9' 92-
EACH VEmCLE TOTAL PER MONTH
ALL PRICES F.O.B. BOYNTON BEACH
It is further agreed that the vehicles will be delivered within ~ calendar days from the date of
the Purchase Order from the City.
Number of Bid Proposals submitted
;L
Explanation of other maintenance costs relating to vehicles
submitted:
~-
Yes No
List of billable costs at ''turn-in time"
submitted:
~
Y~s-- No
Copy of lease agreement
submitted:
v-
Yes No
Specification "check-off' sheets (Page 3 & 4):
submitted:
X I
~No
THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
14
"
j,17U f( IV O/? tlhJ"t' ~/4-t };?~/(
,
COMPANY NAME
cJCI ) 677-Y'f77
TELEPHONE NUMBER
;1 - r/l SI0
. VitPAJA W&a
~=EDk
MI'O. .
TITLE
THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
15
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 fficer of the co ration.
By:
Sworn aod subscribed before p
this :;2 t..f day of
,20 [)?
OJ~
NOTARY PUBLIC, State of Florida
at Large
Printed Information:
dtPLffil ~~
N E
~rActr~ .
TITLE
~\\\\Ull ""'I/lll
,~.:~,.''i. sORENS~,,~'II~
~ " . . ... .. .., ~
~ "' ..:~\SSION~', ~
~ .~~~Ol'<o;1:J:.. ~
= : ~ ~ ~ *=
= * : -... . =
- ~. -
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"OFFICIAL ~t~" STAMP
'/."1/1/11\1\\\
J:1/ J~;2,A-! ,;Y/~ tucfJ7' AA /bIq(
COMPANY
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPT ABLE
16
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.
..--
Yes
X
No
Is your company a Minority Owned Business?
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 6___
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 02/22/05
17
CONFIRMATION OF DRUG-FREE WORKPLACE
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:
I) 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
the above requirements.
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
18
..
S^TlRN~
SATURN OF WEST PALM B~ . oj
1. Vehicles can be delivered within 2 days of Contract accepted
2. All vehicles will receive oil changes & tire rotations according to
maintenance schedule included in monthly payment
3. All vehicles to be striped by City of Boynton Beach
4. All vehicles to have roof mounted lights installed by City of Boynton Beach
5. There is a $250 turn in fee on each vehicle unless turned in and replaced by
a new GM product under guidelines of early termination program
1220 N. MILITARY TRAIL
WEST PALM BEACH, FL 33409
561-697 -8977
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VI.-CONSENT AGENDA
ITEM B.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 15,2008 March 31,2008 (Noon) ~ June 17, 2008 June 2, 2008 (Noon)
0 May 6, 2008 April 14,2008 (Noon) 0 July \, 2008 June 16,2008 (Noon)
0 May 20, 2008 May 5, 2008 (Noon) 0 July 15,2008 June 30. 2008 (Noon)
0 June 3, 2008 May 19, 2008 (Noon) 0 August 5, 2008 July 14,2008 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NA TURE OF 0 Administrative 0 New Business
AGENDA ITEM ~ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDA TION: Motion to approve the purchase from Ten Eight fire equipment one new 2008 International
chassis model AD-170 type two ambulance for an amount not to exceed $172,911.00
EXPLANA TION: This is a direct replacement for unit ALS unit #841 and is a Florida Sheriff's association contract
#07-07-0828.
PROGRAM IMPACT:N/A
FISCAL IMPACT: Funded from Vehicle Purchases line item # 501-2516-519-64-33, other fleet purchases this year
have been under budget. Therefore despite the increased cost for the ambulance the entire fleet purchase component
/line item will be under budget.
ALTERNATIVES: #1 Proceed with bid process #2 Not Purchase Replacement
o
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- City Manager's Signature N
Assistant to City Manager ~
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City AJlorney / Finance
C--&~~..eR~
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S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
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DEPARTMENT OF PUBLIC WORKS
FLEET SERVICES DIVISION
MEMORANDUM 08-046
TO: Jeff Livergood, Director, Public Works
THRU: Christine Roberts, Assistant Director, Public Works
FROM: Steven Weiser, Fleet Administrator
DATE: Thursday, May 29,2008
RE: Replacement Ambulance
The attached purchase request for the replacement of unit #841 will require commiSSion
approval. The cost to purchase this vehicle will be $182911.00 and we will receive a
$10000.00 trade in credit totaling $172911.00. We currently budgeted $129452.00 for this
replacement leaving a $53459.00 deficit.
The difference in budgeted amount was due to a lack of initial information when the vehicle
replacement budget was submitted in April 2007. Our standard ALS units require additional
build out options totaling $53459.00.
The vehicle replacement committee met with the fire department to discuss the option
package submitted, a consensus was reached supporting the additional option package as
standard for our ALS fleet.
Due to additional savings on previous purchases the vehicle replacement line item we
continue to be under budget after this purchase.
At this time I would formally request the purchase be presented to the commission for
approval.
Thank you.
Copy: PW Files
S :\PW\Coorespondence
7EN-lJ
IN SERYICE TO. SERVE YOLJ
. .-N,m,.
.~
IVIE-:TTB::
Boynton Beach Fire Rescue
Option List
Based on Florida Sheriffs Association Bid
Part Number ...... DeSCRIPTION c TOTAL..
12-10-9900 Extended Cab Chassis, upgraded $8,535.00
14-24-0200 Electric Throttle $99.00
16-19-99AA Desk in Ext Cab Area $350.00
16-20-9900 Custom Floor console $298.10
16-21-0000 Battery Switch $82.50
18-02-99AA Extended Cab Comoartments, both sides $1,300.00
18-03-99AA Pre-Wire for Streamlites, Ten-8 installliahts $235.00
22-11-0400 Intercome System $450.00
24-08-1000 Battery Conditioner $695.20
24-12-2800 Additional 12V outlet $49.50
26-10-1200 Shoreline, Autoeject $317.90
28-02-1400 Siren, Federal $110.00
30-02-0100 LED Taillights $495.00
30-14-2800 LED grille lights $495.00
30-18-2010 LED intersection lights $495.00
30-03-1000 LED clearance lights $125.00
30-30-9900 LED Freedom liqhtbar $2,829.00
32-02-2650 LED Warning Lights, front and sides, and rear $1,675.30
34-10-1400 LED Rear lightbar $2,284.70
36-09-3200 Wire lights to brake lights $75.00
36-13-0400 Compt door entry lights $726.00
36-14-0400 Lights in C-channel $690.80
40-10-0400 Insulationm spray foam $243.10
40-26-0700 D 1-increase compt width $448.80
42-04-3100 D2-increase height $520.30
42-10-2800 D3-Wheelwell compt $339.90
42-16-5400 D4-custom compt $448.80
44-04-7000 P1-widen compt $635.80
44-14-3200 ADP door panels, entry doors $169.20
44-16-1200 Glove boxes above cis door $129.00
44-28-2100 P4-custom compt $448.80
48-24-0600 Clock above rear doors $217.80
48-25-99AA Rear tail board compt $735.00
49-06-0400 Curbside window $238.70
50-06-1200 Power door lock svstem $1,774.30
50-10-0700 Oxvaen slideout board $925.00
50-12-98AA CAF svstem $11,583.00
50-14-0200 D2 Shelf $175.00
50-14-98AA D cvlinder holder $319.00
50-14-99AA D2 shelves and dividers $913.00
50-16-1700 D4, shelf $175.00
50-16-99AA Shoreline access plate $99.00
50-18-6000 P4 shelf $108.90
50-40-9900 Driver and Passenger Steps for Extended Cab with compartments $2,215.00
50-50-0200 Undercoating $125.00
50-44-0200 Stainless steel fenderflare $82.50
52-28-1500
52-48-0400
52-50-0600
53-03-0400
53-06-4800
54-15-97 AA
59-02-1000
60-11-0200
60-1399AA
60-14-0800
64-049900
64-22-0600
68-10-9901
69-98-99AA
69-99-99AA
74-04-2400
82-02-1400
84-05-0400
Fluorescent Ii hts
Timer for Ii hts
Gooseneck Ii ht in extended cab desk
Polished formica
Upgraded flooring
Custom Cabinets, with restocking feature on openings
Refrigeration Unit
Cabinet below pass thru
Ultraviolet Air Purification system
AC condenser, top mounted
SCBA attendant seat
Sharps storage center of squad bench
Squad bench cabinet
Install portable suction
Install cabinet at foot of squad bench
Additional oxygen outlet
Lettering
Striping
OPTIONS TOTAL
$664 AO
$117.70
$71.50
$206.80
$223.30
$1,550.00
$814.00
$225.00
$573.10
$1,450.00
$683.10
$200.20
$610.00
$143.00
$325.00
$285.00
$1,550.00
$1,350.00
$56,525.00
+
$126,3.86.00
$182,911.00
-$1.0,000.00
1VIED7EC
Proposal
Monday, January 14th, 2008
Boynton Beach Fire Rescue
Mike Landress
100 E. Boynton Beach Blvd
Boynton Beach, FL 33435
The undersigned is prepared to manufacture for you, upon an order placed by you, for final
acceptance by Medtec Ambulance, at its home office in Goshen, Indiana, the apparatus and
equipment herein named and for the following prices:
Description
Price
One (1) Medtec Ambulance Model AD-170 on a 2008
International 4300 Chassis based on the Florida Sheriff's
Association Bid No. 07-07-0828, Specification #02
$182,911.00
Trade Unit 841, 2000 Wheeled Coach
($ 10,000.00)
Total Price
$172,911.00
Said apparatus is to be shipped in accordance with the specifications hereto attached, delays due to strikes,
war or international conflict, failures to obtain chassis, materials, or other causes beyond our control not preventing,
within about 180 - 210 days after receipt of signed written order at our office at Goshen, Indiana, and receipt of
chassis, to be delivered to you at Boynton Beach, FL.
The specifications herein contained shall form a part of the final contract, and are subject to changes desired
by the purchaser, provided such alterations are interlined prior to the acceptance by the company of the order to
purchase, and provided such alterations do not materially affect the cost of the construction of the apparatus.
The proposal for emergency medical apparatus conforms to all Federal Department of Transportation (DOT)
rules and regulations in effect at the time of bid, and all (KKK-A-1822F) Federal Specification for Star of Life
Ambulance and (AMD) Ambulance Manufactures Division Guidelines for Automotive Emergency Medical Apparatus as
published at the time of bid, except as modified by customer specifications. Any increased cost incurred by first party
because of future changes in or said DOT, KKK or AMD standards will be passed along to the customer as an addition to
the price set forth above.
Unless accepted within 30 days from date, the right is reserved to withdraw this proposal.
Medtec Ambulance Corporation
By cnw Jl1 ~
- - - gles Representative
Sales Representative
QUOTATION
Ten-8 Fire Equipment, Inc.
Ten-8 Fire Equipment
Cindy Morgan
141 Maritime Drive
Sanford, Florida 32771
321-206-3342
321-251-7984
cmorlzan@ten8fire.com
Boynton Beach, City of
Michael Landress
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425
Exp. Date:
01/12/2008
AMBULANCE: AD-170
AD-170, 170" x 96",Type I
Quote No: 10008-0001 / Job/Order No:
. .
== AD-170, 170" x 96",Type 1- 8.711 12/03/07 ==
00-00-0011
01-00-0000
01-02-0400
10-02-0800
11-06-1200
12-00-2600
12 -02 -0200
12-10-9900
""" PRELIMINARY ADMIN/ COT INFORMATION"""
PRODUCTION FACILITY, BRADENTON, FL.
VIN #
Previous Units were 7313 and 7314
Bradenton builds
S Factory Discount/Concession
Florida Sheriff's Discount
" " " GENERAL VEHICLE DESIGN & REQUIREMENTS" " "
2008 Base Conversion, AD-170, Type I AD
72" Headroom (AD-170)
EXTERIOR "A" COMPARTMENTS - PASS. SIDE (72" HR) AD-170
LOCATION: Exterior compartments, passenger side.
Type I, Class I, MD, Two-Door Cab/Chassis Tech Requirements
" " " CHASSIS MAKE & MODEL" " "
S Navistar, 4300 LP, Extended Cab
INSTRUCTION;
205" wheelbase
20,000 LB GVW
112" Cab to Axle
Extended cab
Vertical exhaust on right side, (passenger side) chrome 90 degree extension - with turn
outward towards curb. Bottom of exhaust outlet isapprox. 2" above top of module roof.
3rd seat in cab (must have automotive st le seatbelt with extensions)
PDF created with pdfFactory trial version www.odffactorv.com
12-13-1600
12 -16 -0110
14-18-1600
14- 24-0200
16-02-0200
16-12-0400
16-14-0400
16-19-99AA
Quote No: 10008-0001 / Job/Order No:
.
Roll-up door on driver's side (non-painted).
Rear Air Ride (OEM) System - (AD Units)
HAS 120 air ride suspension
OEM dump valve in dash.
HAS 120 air suspension.
OEM dump valve in dash.
Dump MANUALLY activated with the momentary switch on curbside wall beside rear entry
doors - LOCATE SWITCH LOWER - SEE PRINT.
Dump automatically raises when vehicle started and rear entry doors are closed.
Red indicator light in front console to indicate low PSI.
Exhaust, Vertical behind cab NOTE
SPECIAL INSTRUCTION:
Front module lights must be inset at least 4" from the side of the module to ensure heat does
not damage the light fixture.
. . . CHASSIS COMPONENTS' . .
Sway Bar, None Required (AD-166/170)
XU Electric Throttle, Present RPM
* * . CHASSIS INTERIOR COMPONENTS * * *
Driver's Compartment Appointments, Navistar 4300 LP
Bulkhead Cab Wall, OEM Wall To Match Dash
Cab Sign, "No Smoking, Oxygen Equipped" & "Fasten Seatbelts"
INSTRUCTION; (1) on top of floor console, at rearward edge, toward walkthru.
XU Desk, In Extended Cab Area With (2) Shelves
INSTRUCTION:
(2) adjustable shelves
Shelves and top of desk to have a lip around all edges.
SEE PRINT
16- 20-9900 XU Custom Floor console
Custom length floor console with space for radio installation. Console will be approx. 5.75" I
shorter than standard.
(2) Large cup holders on rearmost side of front console.
SEE PRINT
16-21-0000 S Battery Switch - TST 350 With 5 Minute Timer, DELETE
16-21-0000 XU Battery Switch - Cole Hersee on/off switch ILOS timer system
Install switch on floor beside driver seat.
>>This switch controls module and chassis - with NO MEMORY LOSS<<
. . . CHASSIS EXTERIOR ACCESSORIES' . .
18-02-99AA XU Extended Cab Compartment, Streetside
PDF created with pdfFactory trial version www.pdffactorV.com
Quote No: 10008-0001 / Job/Order No:
.
Compartment to be approx. 3TH x 18"W x 21" D.
Compartment to be smooth aluminum with splatter paint finish.
(2) Zico SC-50-H-S-5F brackets installed on the rearward wall of compartment.
18-03-99AA XU Pre-wire for Stream lite, In Extended Cab Compartment
INSTRUCTION:
12 Volt pre-wire for a Streamlite Fire Vulcan light and charger.
Prewire to terminate on forward wall of the extended cab roll-up door compartment - wired
battery hot.
(Dealer will supply and install flashlight.)
18-06-9700 Delete Wheel Simulators, . Leave All Wheels OEM Color
INSTRUCTION:
DO NOT PAINT THE WHEEL SIMS
18-12-0200 Tire Fill Extensions (4) Dicor, For Rear Inside/Outside Tire
20-02-0800
20-08-0600
21-02-0000
22-02-0600
22-04-1400
22 -07 -0000
22-09-0010
22-11-0400
24-02-1800
24-08-1000
* * * 12 VOLT ELECTRICAL SYSTEMS AND COMPONENTS * * *
Standard Electrical System
Install and Label Breakers Behind the Driver's Seat
Portable Equipment Charging Circuits
INSTRUCTION:
(1) 20 amp circuit breaker.
Run power wires from drivers seatbase to:
(1) Circuit (power &: ground) to front console labeled on both ends: "Portable Equipment
Charging Circuit".
(1) Circuit (power &: ground) to behind rear switch panel labeled on both ends: "Portable
Equipment Charging Circuit".
(Requires optional inverter or battery charger for full function.)
Sequencer/Load Manager, Main Master Emergency Functions
INSTRUCTION:
Medtec sequencer and load manager.
Standard shedding sequence.
Front Console, Engine Cover Mount (Rocker Type)
INSTRUCTION:
Install Rocker style switch panel in front console.
No Special Rear Module Disconnect Switching
Voltmeter/ Ammeter, Std. Inpower DSP-DSC1
S Intercom System - Fire Research IC100
Install Master unit on front console towards the bottom.
Install remote (hand free operation) in action area
(3) Batteries, 1950 CCA
INSTRUCTION:
All (3) OEM located under the driver's side cab step.
Battery Conditioner, Kussmaul "Auto Charge", 1200 Amp, Dual
LOCATION:
Install charger in cab, behind passenger seat.
Install remote indicator panel on side of front console - facing driver's cab door.
PDF created with pdfFactory trial version www.pdffactorv.com
,
I
\24-12-2800
I
I
26-10-1200
26-16-2600
26-22-0500
28-02-1400
28-04-0100
28-06-2000
No Remote Display Required
Outlets, (2) - 12 Volt, Power Point Style,
INSTRUCTION:
>>> Install stainless steel cover plates on 12 volt and 115 vac outlets. <<<
(1) on 1 st action area wall
(1) in upper section of ALS
SEE PRINTS
Outlet, (1) Additional 12 Volt, Power Point Style
INSTRUCTION:
> > > Install stainless steel cover plates on 12 volt and 115 vac outlets. < < <
(1) in extended cab area, on top of desk - wired battery hot.
Shoreline,20 Amp Kussmaul Super Auto-Eject, On Driver Side
INSTRUCTION:
>>>> Install on rear of module box - streetside above kick plate. <<<<
THIS SHORELINE WIRED TO INTERIOR 115 VAC SYSTEM, BATTERY CONDITIONER, REFRIGERATOR
(1) 115 volt 20 amp. (60Hz) Kussmaul auto-eject
Water-tight cover.
SHIP LOOSE MATING PLUG
Outlets, (3) Interior, 125 Volt AC
INSTRUCTION:
>>> Install stainless steel cover plates on 12 volt and 115 vac outlets. <<<
(1) in 1 st action area
(1) in behind refrigerator
(1) squad bench below backrest, center wall
SEE PRINTS
Spotlight, (1) Optronics "BlueEye 4000",Hand-Held, Hard Wire
LOCATION:
Wired to passenger side of dash.
SHIP LOOSE HANGING HARDWARE.
* * * AUDIO WARNING DEVICES * * *
Siren, Federal, #PA300MSC
Horn Ring, Switch, Siren/Horn/ Air Horn 2 Position
INSTRUCTION:
(2) position switch to toggle between siren/horn and air horn between each horn ring trigger.
(1) switch in front switch panel
Speakers, Bumper Mounted, #SA31 101 P/D-4300
INSTRUCTION:
PDF created with pdfFactory trial version www.pdffactorv.com
28-06-2200
28-14.0300
30-00-0010
30-03-1000
30-09-0200
Quote No: 10008-0001 / Job/Order No:
.
Driver's Side - 4300
Passenger's Side- 4300
Speaker, Bumper Mounted, #SA31 101 P-4300
INSTRUCTION:
Passenger Side - 4300
Backup Alarm, EC520 With No Auto Reset Switch
INSTRUCTION:
DELETE AUTOMATIC RESET CANCEL SWITCH FROM FRONT SWITCH PANEL.
* * * VISUAL WARNING DEVICES * * *
Flasher, Whelen AFM560 (Std.)
Clearance Lights, LED, (11) With Chrome Bezel
INSTRUCTION:
(4) lights' two on each side, of upper body corner extrusions.
(5) on the rear and (2) on the front, upper body extrusions.
Lights, Whelen 600 LED, Stop/Tail/Turn With Arrow
INSTRUCTION:
With Flanges
VERTICALLY STACKED FROM TOP TO BOTTOM:
. Turn Signal lights
- Backup lights - (halogen).
- Brakes/Taillights
30-10-99AA XU Flasher, (1) Additional - AFL530
Add an AFL530 flasher - so that both front and rear lightbars double flash.
30-14-2800
30-18-1500
30- 30-01 00
30-30-9900
CHASSIS GRILLE LIGHTS
Grille Lights, (2) Whelen 700 Super LED, Red Lenses
INSTRUCTION:
With Cast low profile bezels.
INTERSECTION LIGHTS
S Intersection Lights, (2) Whelen 400 Super LED, Red Lens
INSTRUCTION:
Red over /white split.
With Flanges.
L1GHTBARS - FRONT OF VEHICLE
No Special Switching Requirement for Lightbar
S Front Lightbar - 72" Whelen LED Freedom
Install on cab roof - forward of A/C condenser.
(This lightbar replaces the 9308NSFQ used on last unit - Whelen part change)
Super LED Colors: R/R/R/R/R/R/C/C/R/R/R/R/R/R
Lense Colors: ALL CLEAR
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32-02-2650
32-16-0200
32-18-0600
32-22-0600
32-24-0200
34-10-1400
Quote No: 10008-0001 / Job/Order No:
.
Make the LEDs in this lightbar double flash.
(1) switch in the front switch panel, for front lightbar.
SEE WIZARD
FRONT OF BODY LIGHTS
Front Body Lights, (2) Whelen 900 (2 )Super LED R/R
LOCATION:
Without Flanges
Install on upper front of module box, below lightbar.
SIDE OF BODY WARNING LIGHTS
Side Body Lights, (4) Whelen 900 Super LED, Red Lenses
LOCATION:
Without Flange
(2) Streetside
(2) Curbside
Side Turn Lights, Whelen 700 LED
INSTRUCTION:
With Flanges.
Red LED and Lenses.
(1) Each side of body at rear.
Steady burn with DOT lights.
Flash with turn signals.
SIDE SCENE LIGHTS
Scene Lights, (4) Whelen 900 Opti-Scene 8-32 degree
INSTRUCTION:
Without Flange
(2) Streetside
(2) Curbside
(1) switch in front switch panel, for each side.
Scene Light Activation - Standard
INSTRUCTION:
Curbside scene lights to activate with side entry door.
Rearmost scene lights to activate in reverse.
REAR BODY LIGHTS
Rear Lightbar, Whelen, 86" Edgebar - LED #4500-KKKR LED
INSTRUCTION:
Super LED and Lense Colors: R/R/R/LOAD/A/LOAD/R/R/R
(1) switch in front switch panel for lightbar.
Load lights included in rear lightbar.
Activate with rear doors and reverse.
(1) On/off switch in front switch panel for load lights.
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34-16-0600
34-38-0200
36-09-3200
36-13-0400
36-14-0400
40-02-1400
40-07 -0200
40-07-0300
40-08-1000
40-10-0010
40-10-0400
40-12-0300
40-12-1200
40-14-0200
40-18-0600
Quote No: 10008-0001 / Job/Order No:
.
>>All<< internal warning light modules to have individual separate wires run externally for
independent control. Add/lnstall 3-position amp pin housings on each control wire. Pin will be
position #1 Power, Position #3 Ground X10 with NO internal flasher. >>>SEE THE APPROVED
WIZARD< < <
Rr Bdy Lgts, (2) Mid-Hght, Whelen 900 Super LED, Red
INSTRUCTION:
Without Flanges
Super Red LEDs/Lenses
To shine through rear windows when doors are open.
Warning Light Flash Requirements, "F-Spec" Flash Pattern
Wire (2) Lights to Brakes, Brakes Override Flashers
INSTRUCTION:
Lights installed on module. rear, to shine through windows when rear entry doors are open.
Use 2-wire steady burn for brake override function when using super LED's in this application.
Compartment/Entry DoorUner Lights, Whelen TIR3 Super LED
INSTRUCTION:
Install Whelen TIR3 Super LED horizontally surface. mounted lighthead with single black ABS
plastic flange on compartment and entry door liners. Each light to flash with each individual
door opening.
6
C-Channel Rubrail Lights, (6) Whelen Strip-Lite LED Red Lens
INSTRUCTION:
(3) Whelen LED Strip-Lites shall be mounted in the rub rails, on each side of the unit. These
lights are not to flash with the warning lights, but are to be operational as DOT lights.
* * * BODY DESIGN AND CONSTRUCTION COMPONENTS * * *
Body Design &. Construction, Alum, 170" Lx 93.5" H x 96'W
Compartment &. Entry Doors With ADP Recessed Door Liner
Compartment Door, Inner Liner, ADP (Std.)
Use .063 ADP inner door liner on all compartment doors.
Exterior Compartment Depth, 20.75"
Protective Coating, Dolphin Microspray
Insulation, Spray Foam, Floor&.Stepwel
LOCATION:
Spray Foam Floor, &. bottom and sides of stepwell.
112" Reflectix dual air bubble core insulation on walls and ceiling.
Vapor Barrier, .090 aluminum
LOCATION:
Between the floor and the 2" x 2" floor tube structure
Fender Insulator, Flash Patch Liner, Over Rear Wheelwells
Cab Connection, Neoprene Gasket w/Expanded Bellows
INSTRUCTION:
Body Mounting, Isomount Technique, 3/4" x 6" Alum, 16-Bolt
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40-20-3700
40-26-0700
40-32-0200
42-04-3100
42-08-0200
42 -10- 2800
42-12-0200
42-16-5400
42-18-0200
44-04-7000
44-06-1000
44-12-3600
44-13-0100
44-14-3200
44-15-0100
44-16-1000
INSTRUCTION:
3/4" x 6" alum plates, sixteen (16) bolts.
Bolts and paired rubber isolators with steel cap and collared
mounting nut for each chassis mounting point.
EXTERIOR "A" COMPARTMENTS - DRIVER SIDE (72" HR)
LOCATION:
Exterior compartments, driver side.
S D1, Exterior Compartment, 27" W x 76" H
INSTRUCTION:
Upper right (forward) corner will have a recessed pocket built - to accommodate compressor
on forward side of Hanney reel.
Pocket to be lined with ADP and be 18.5" wide 00 x 20" high 00 x 1.5" deep ID. with a 1" lip all
the way around the edge for attachment purposes.
SEE PRINT
D1, Door, Solid, Vertically Hinged
S D2, Exterior Compartment, 45" W x 76" H
INSTRUCTION:
Compartment walls lined with smooth aluminum, and rubbermatted.
D2, Doors, Double, Solid, Vertically Hinged
S D3, Exterior Compartment, 43 3/8" W x 21" H, Wheelwell (AD-1
Bottom hinged door with gas hold open.
(Do not use standard hold open use a weaker pneumatic hold open. Do not use cable hold
open)
D3, Door, Solid, Mounted to Tray, "For Drawer"
S D4, Exterior Compartment, 35" W x 45" H
D4, Doors, Double Solid, Vertically Hinged
S P1, Exterior Compartment, 30" W x 76" H, ALS
P1, Door, Solid, Vertically Hinged
Side Entry Door, 32" W x 74" H With Fire Grade ADP Step
Dual Fire Grade ADP Step
Door Panel, Side Entry, Three-Piece, Formica Et ADP
INSTRUCTION:
Upper - Formica
Center - Stainless
Lower - ADP
Formica color to match interior.
Stepwell Light, Angled Pierce Style (2)
Located at the sides of the stepwell.
(2) Gloveboxes, Above Side Entry Door
INSTRUCTION:
Recessed into headpad.
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44-16-1100
44-18-1100
44-30-0100
44-31-2800
44-34-0100
Quote No: 10008-0001 / Job/Order No:
.
Assist Handle,Brey Krause, Side Entry, 1.1S" O.D. x 4S Deg
LOCATION:
Interior of side entry door.
S P4, Exterior Compartment, 3S" W x 19" H
P4, Door, Solid, Vertically Hinged
S PS, Exterior Compartment, 21" W x 84" H, DELETE
INSTRUCTION:
Compartment walls lined with smooth aluminum and rubbermatted.
PS, Door, Solid, Vertically Hinged
· . REAR BODY PATIENT ENTRY DOORS · ·
48-11-1000 Rear Entry Doors, SO" W x 63" H, Dual Tri-Mark Handles
INSTRUCTION:
Driver side - non-locking.
Passenger side - locking.
48-14-3100 Door Panel, Rear Entry Doors, Three-Piece, Formica & ADP
INSTRUCTION:
Upper - Formica
Center - Stainless
Lower - ADP
Formica color to match interior.
48-16-0800 Assist Handle,Brey Krause, Rear Entry, 1.1S" x 4S Degree
LOCATION:
Interior of rear entry door.
48-14-0600 (1) Clock, Intellitec Time Manager, Above Rear Entry Doors
LOCATION:
Above rear entry doors, recessed in head pad.
48-1S-99AA XU R1, Compartment Below Rear Entry Doors
Compartment to have bottom hinged ADP door (14" W x 10" H x 18" D) with standard Tri-mark
handle.
49-01-0100
49-04-0100
49-06-0400
Install wine rack to hold (4) Scott 30 minute SCBA bottles. (Bradenton will bolt in rack.)
. · WINDOWS. .
Sliding Window, Side Entry Door, OEM Tinted Glass
INSTRUCTION:
(1) 10" W x 19" H
Fixed Window, Rear Entry Door, OEM Tinted Glass
INSTRUCTION:
(1) 10" W x 19" H
Fixed Window, 36'W x 18"H, With OEM Tinted Glass
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50-00-0500
50-02-0200
50-02 -0600
50-03-0000
50-04-0400
50-06-0000
50-06-0400
50-06-1200
50-06-5200
50-07 -0300
Center window between side door and rear of body.
* * * EXTERIOR COMPARTMENT COMPONENTS * * *
Exterior Compartments, ADP With "Sweep Out" Design
ADP construction with sweepout on floor except rubberlined backboard compartment will have
smooth aluminum.
S Exterior Compartments, Spring Cam Door Hold Opens
LOCATION;
On side entry door and all exterior compartment doors.
>>> Use spring cam-over door hold opens to match previous truck. <<<
Exterior Compartment Doors, Tri-Mark Handles
INSTRUCTION:
Tri-Mark paddle latches keyed alike.
Exterior 02 Vent - On 02 Compartment Door
INSTRUCTION;
(1) #1031 0/2 vent - right exterior compt. door - of D-2 compartment.
(RELOCATE VENT FROM D-1 COMPARTMENT DOOR).
(1) small black plastic vent - interior of compt. door on door liner.
Exterior Compartments, Black Dri-Deck On Floor & Shelves
Black Dri Deck with Safety Yellow End Cap.
Rear Door Grabbers, Cast Products "Grabber"
INSTRUCTION:
Bottom of rear entry doors.
For openings up to 145 degrees.
Door Seals, Automotive Closed Cell Gasket
LOCATION:
Exterior compartments & entry doors
Power Door Lock System, All Doors - Compartment and Entry
INSTRUCTION:
Install power door locks with switch in front console.
S Keyless Entry System, Danmar, For Cab and Module
INSTUCTION: Wire to unlock the OEM chassis power locks and the patient compartment entry
and compartment doors.
(1) horizontally on rear streetside of unit above shoreline.
(1) vertically on driver's side of chassis cab, beside door.
>>>> Wire battery hot - Program keypad to oom <<<<
Stainless Steel Door Sills - All Exterior Compartments
INSTRUCTION:
On upper ledge.
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12/28/2007
50-08-0200
PART NO S DESCRIPTION QTY
Quote No: 10008-0001 / Job/Order No:
Page 11
50-10-0700
Exterior Compartment Llghts, Lltco
INSTRUCTION:
Activated by compartment doors.
S 02, (1) 02 Slide-Out Board, Zico #QR-MV Bracket
INSTRUCTION: Install Zico QR-MV bracket on aluminum slide-out oxygen tank board. Smooth
aluminum slide-out oxygen board, with chrome handle - oxygen board mounted on right,
rearward wall of 0-1 compartment.
Install 1 /4" backer plate on the inboard side of the exterior compartment. Backer plate must
be welded in place.
Install a pin in the board to keep the board in the closed position. The pin should have a round
ball at the end to keep it from falling out.
50-12-98AA XU 01, CAF system, Tri-Max Vertical 20 Compressed Air Foam
Install in compartment 01 against rearward wall.
System is powered by SCBA tanks.
SCBA bracket is to be mounted back wall. (bracket #SC-50-H-S-5F)) - SEE PHOTOS
50-12-99AA
50-14-0200
50-14-98AA
50-14-99AA
50-16-1700
50-16-99AA
Mount the instruction label for CAFsystem, listing the different steps of operation.
Install a connector to connect the 4500 psi cylinder to the foam system. See picture attached
to this option.
Hook up the drain hose and allow it to drain out of the bottom of the compartment.
XU 01, Hannay Hose Reel for Tri-max CAF System
Install EF4024-17-18 reel with 100'of 3/4" booster hose.
Install at top of compartment - REINFORCE CEILING OF COMPARTMENT.
Connect to CAF system.
Reel will have electric rewind feature.
Reel will be painted silver by Hannay. - same nozzle as previous unit #7313
S 02, (1) Fixed Shelf
Install between last divider and rear wall above 02 slide-out.
XU 02, "0" Cylinder Holder/Box
INSTRUCTION:
"0" cylinder holder / box - to hold (2) "0" cylinders.
Fabricated of smooth aluminum and Line-X coated on INSIOE ANO OUTSIOE OF BOX.
Install ""0" cylinder holder beside 02 bracket - close to door opening.
XU 02, (3) Full Height Oividers, (1) Fixed / (2) Adjustable
(1) FIXEO full height rubbermatted divider beside the 0/2 slide-out.
(2) AOJUSTABLE full height rubbermatted dividers to the left, forward side of fixed divider.
Install (4) pieces of uni-strut shelf track - 2 pieces spaced evenly on back wall, 1 piece on
floor, and 1 piece on the ceiling - of the compartment.
04, (1) Adjustable Shelf
XU 04, Access Plate For Shoreline Service
Install removable plate on rearward wall of compartment for service access to shorelines.
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50-24-0400
50-27-0400
50-32-0800
50-34-0600
50-36-0600
50-36-1600
50-38-0600
50-40-9900
50-42-1800
50-44-0200
50-45-9900
50-46-0800
50-48-0200
50-50-0200
\
52-05-0400
52-06-0200
P4, (1) Adjustable Shelf
No Exterior 16" Grab Rail Required At This Time
Weld & Finish Side Seams
Bumper, Rear With 7" Diamond Back Flip Step
Bumper Pods, Cast Aluminum With Logo
Rear Kick Plate, ADP, Above Rear Bumper Step, Full Width
ADP Rear kickplate to be tig welded and to be part of the body build.
Rear hinge cover must match the kickplate.
1
1
1
1
"ECK" Body Hardware Preparation
Body Protection, Rear Mudflaps & "C" Channel Rubrails
"Pierce" style "C" channel rubrails.
S Fuel Entry and Step, Right Side Under Cab Door - Special
Custom tank cover/running board.
Lower step to have Diamond Back insert - full length.
An intermediate step 26" wide for easier ingress/egress into cab.
Stoneguards, ADP, 21" Front - 16.5" Rear
ADP Stoneguards to be tig welded and part of the body.
Fenderettes, Rear, Stainless Steel
XU Battery Cover and Step, Under Driver Cab Door - Slide out
Custom battery cover/running board with standard Tri-mark handle.
Lower step to have Diamond Back full length insert.
An intermediate step 26" wide for easy ingress/egress into cab.
DELETE SAFETY CATCHES FROM BATTERY TRAY SLIDES.
Rear of battery compartment will be a storage compartment with drop down ADP door. (26" W
x 14.5" H x 23" D) Install a rubber bumper on the door.
(1) wine rack installed in compartment to hold (3) Scott 30 minute SCBA tanks. (Wine rack
must be positioned so that the ends of all 3 bottles face compartment door.)
License Plate Holder #LP0002-1, Recessed On Driver's Side
LOCATION:
With (2) top lights.
On Rear drivers side, down in ADP kickplate.
Mudflaps On Rear, With Manufacturer's Logo
Ziebart Undercoating, Chassis & Body (Standard)
* * * INTERIOR PATIENT COMPARTMENT COMPONENTS * * *
Cabinet Glass - Clear Acrylic 1/4" Plexiglas
Stainless Steel Round Locking SouthCo Latches, Standard
INSTRUCTION:
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52-10-0300
52-28-1500
52-32-0200
52-36-0600
52-48-0400
52-50-0600
52-54-2200
52-60-0400
53-02-1400
53-03-0400
53-06-4800
Quote No: 10008-0001 / Job/Order No:
.
All interior cabinet doors to have, stainless steel round locking South Co latches.
Cabinetry, Patient Compt, Wood With Formica
Dome Lights, (8) + (2) 39" Fluorescents
INSTRUCTION:
(2) . 3 position switches in the rear switch panel (1) for each bank of dome lights.
A three-minute time delay system activated by the patient entry doors.
(2) #736 Thinlite brand RECESSED 39" fluorescent lights to be installed.
(1) On/off switch in the rear switch panel, for both fluorescent lights.
Ceiling In Patient Compt, Pads Over Center Access
INSTRUCTION:
The ceiling to have access to antenna bases/leads.
Covered by center ceiling pads.
Thinlite Light, 18" - Surface Mount In 1 st Action Area
Timer System For Fluorescent Lights. - Momentary
INSTRUCTION:
(1) Momentary rocker switch installed on curbside wall, beside side entry door.
Timer to shut off after 15 minutes.
S Gooseneck Light, 12" . Surface Mount
INSTRUCTION: Littlelite LF12TRB (rheostat controlled, wired base, horizontal mount)
Install on desk in extended cab area of chassis.
Install red lens cover.
Flooring, With 5" Roll-up
Rear Threshold, 6" Wide Stainless Steel With 2" Skid tape
INSTRUCTION:
6" wide stainless steel threshold with 2" wide
skid tape covering the threshold screw heads.
. . "INTERIOR COLOR SELECTION' . .
Formica Color, Mouse Graffix (#508) (Grey/White)
Polished Formica Finish
Flooring Color, Sapphire #152, LonCoin II Flecks (Blue)
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54-02-3800
54-12-1000
Upholstery Color, Dark Wedgewood #MV109 (Dark Blue/Grey)
.. .. .. STREETSIDE CABINETS - PATIENT COMPARTMENT" .. ..
Sect 1 - 1 st Action Area With 3/4" Li P
INSTRUCTION:
1 st action area is more rearward on streetside (LOS of standard location - due to size of D-1 &.
D-2 exterior compartments.
Rocker style switch panel in upper part of 1 st action area.
Switch panel area is built straight - NOT ANGLED.
Sect 1, No Clock In 1 st Action Area At This Time
54-15-97 AA XU Sect 1, Misc. Cabinets, (2) Overhead Storage 2
Located above exterior D-2 compartment.
Fixed center divider in each cabinet - no shelves. Cut back fixed center divider, to allow room
for function of SouthCo flip latch.
3/8" thick flip-up plexiglas doors - Use piano style hinges on doors with locking SouthCo lip
latches.
Action area is moved rearward, due to extended D-1 and D-2 compts.
(CPR seat has been deleted.)
54-16-2600
54-18-0600
54-20-0200
54-26-0100
54-36-3200
56-02-0400
I
56-02-0499
56-20-0400
Sect 1, 1 st Action Area Overhead Cabinet
INSTRUCTION:
Fixed center divider - no shelves.
Sect 1, Restocking Doors On Overhead Cabinet
LOCATION:
On the cabinet above 1st action area.
Hinged on top.
Sect 1, Handles, Full Length Aluminum
LOCATION:
On the cabinet above 1st action area.
Sect 1, Delete Standard Writing Drawer
Sect 1/2, No Cabinet Below 1 st AA At This Time
S Sect 2, Single Cabinet, 22" W x 13" H
Above refrigerator, with fixed center divider. no adjustable shelf.
XU Sect 2, Restocking Doors on Cabinet Above Refrigerator
Sect 2, Overhead Cabinet
LOCATION:
Streetside cabinets
INSTRUCTION:
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56-22-0200
56-26-0400
58-02 -0800
58-04-0200
58-06-0200
58-08-1000
58-30-0600
58-32-0200
58-46-0400
59-02-1000
60-02-0200
60-02 -0800
Quote No: 10008-0001 / Job/Order No:
.
A cabinet approximately 21" high x 26" wide shall be installed above the supply cabinet and
shall be provided with one [1] adjustable shelf.
Sect 2, Sliding Plexiglas Doors On Overhead Cabinet
LOCATION:
Streetside cabinets
S Sect 2, 2nd Action Area With 3/4" Lip, DELETE
S Sect 3, Rearward Overhead Cabinet, 13" H x 19" W
No fixed center divider or shelf.
S Sect 3, Solid Door, Top Hinged, On Rear Overhead Cabinet
INSTRUCTION:
Single, Formica covered wood, (top hinged) flip-up door.
S Sect 3, Handle, Locking Southco Flip Latch & Hold Open
LOCATION: On the upper rear streetside main cabinet.
S Sect 3, Lower Rear Streetside Cabinet, 20" w x 23.75" H
INSTRUCTION;
(1) adjustable shelf.
Sect 3, Plexiglas Doors, Restocking
LOCATION:
Lower rear streetside main cabinet.
INSTRUCTION:
Sliding plexiglas doors with flip-up restocking feature.
Sect 3, Handles, Full Length Aluminum
LOCATION:
Lower rear streetside main cabinet.
Sect 3, LIS Exhaust Fan, 6" W x 8" H, 240 cfm Air Flow
INSTRUCTIONS:
Exhaust vent on upper rear corner of squad overhead cabinet.
Install (1) standard exhaust fan.
Install a fan speed switch in rear switch panel.
Nor-Cold Refrigeration Unit, Model DE0051
INSTRUCTION;
Locate on streetside wall rearward of extended 1st action area.
Cut Out Dim. 20-1/2" H, 18-1/2" W, 21" D
>>>> Wire battery hot. <<<<
* * * BULKHEAD COMPONENTS * * *
B1, LIS, Oxygen Compt, Interior Access With 0/2 View Window
INSTRUCTION:
Hinged plexiglas door for 0/2 view into D-2 compartment.
S B1, LIS, Electrical Cabinet, Square Style
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INSTRUCTION;
A square cabinet shall house the electrical components.
Removable panel with (2) locking SouthCo flip latches - facing rearward.
60-04-0200
S B1, Electrical Cabinet Door With Locking South co Flip Latch
INSTRUCTION;
Door vented at the top and the bottom - shorter than standard, due to cabinet below pass
thru.
60-08-0200
B1, Thermostat, Digital, Pro Air, PD&AD
LOCATION:
On 1st action area wall. Forward upper corner.
60-11-0200
S B1/2, CablBody pass-Through, with cabinet
INSTRUCTIONS:
Standard walk-thru door deleted.
Pass-thru open area added.
Cabinet below pass thru:
28" high ID. with vertically hinged wood doors (30"0.D. Floor to Lip) with
non-locking SouthCo flip latches.
Top of cabinet to have 3/4" lip.
(2) adjustable shelves.
Cabinet to be same depth as electrical and span width between electrical and ALS cabinets.
60-12-0600 B1/2, Heat/Cool Unit, Patient Compt, Pro-Air #935
INSTRUCTION:
Mounted on bulkhead.
Double vent on bottom of HVAC cabinet.
60-13-99AA XU B 1/2, Hoseline APS-253 Ultraviolet Air Purification System
Model #APS-253 Ultraviolet air purification system.
60-14-0800 S B1/2, AIC Condenser, Top Mounted, TMC 2004 With Dryer
INSTRUCTION:
Install on front of module box.
Paint mounting brackets white - same color as front of module box.
63-44-0200 B2, STANDARD - ALS Cabinet, 3-Section
INSTRUCTION:
Build return air plenum into aisle side of cabinet.
All return air should run thru this plenum.
Top: 16" High
Formica covered wood, top hinged door, with locking SouthCo flip latch.
Center: 34" High
DELETE SEPERATION FROM CENTER AND BOTTOM SECTIONS - SO ADJUSTABLE SHELF ADJUSTS
DOWN INTO BOTTOMSECTION.
Vertically hinged formica covered wood doors with non-locking SouthCo flip latches.
(3) adjustable SMOOTH ALUMINUM shelves - painted white.
Bottom: 24" High
>>>> THIS SECTION EXTERIOR ACCESS ONLY. <<<<
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64-01-1200
64-04-9900
64-10-3600
64-14-0200
64-18-0400
64-22-0600
68-10-9900
68-12 -0600
Quote No: 10008-0001 / Job/Order No:
.
SHIP LOOSE:
(2) 24" nylon clip straps with mounting hardware - for installation of trash can at time of
delivery.
. · · PATIENT COMPARTMENT SEATING · * ·
Vacuumed Formed Upholstery PO &: AD models
INSTRUCTION:
EVS Vacuum formed seats &: backrests only.
Armrests and all trim panels to be machine stitched using EVS Companion II material.
S Sect 1, Att. Seat, SCBA Flame Fighter
INSTRUCTION;
Seat to be covered with Wedgwood vinyl to match patient compartment vinyl.
Seat to be set up to hold a Scott 4500PSI 30-minute tank - include and install SCBA bracket.
S Sect 2/3, Squad Bench, 22" 0 x 87" W x 16" H
INSTRUCTION;
(2) lids with storage under forward section.
Gas strut hold opens and (1) paddle latch.
Sect 2/3, Back Rests, (2) Above Squad Bench
>>>> Use metal clips to attach backrest ILOS of velcro. <<<<
Lower backrest split into 2 sections - one on each side of 110 outlet.
Sect 2, Armrest, Polished S/S, Removable, Squad Bench
INSTRUCTION:
Removeable style armrest -- top of armrest to be padded upholstery.
S Sect 2, Sharps Storage, Center Front of Squad Bench
INSTRUCTION;
Tilt-out storage for sharps container on aisle side, toward center of squad bench - approx. 6"
deep.
Chrome "(" handle with SouthCograbber catches.
LOCATION - Forward side of door will be 26" from head end of squad bench.
(Do not use false floor, be sure container does not hit top of the opening when closed)
Door to only open 45 degrees, include a strap to hold container to the door.
. . . CURBSIDE CABINETS - PATIENT COMPARTMENT * * .
S Sect 2/3, Squad Bench Cabinet, 15" H, Two-Section
INSTRUCTION;
Cabinet to be divided into (2) SEPARATE sections - each with a fixed center divider.
Cabinet is to be 1" taller than standard. (approx 15" H).
S Sect 2/3, Restocking Plexiglas Doors, Sliding Flip Up
LOCATION:
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(2) sets of restocking doors, on the squad overhead cabinet.
Sect 2/3, Handles, Full Length Aluminum
LOCATION:
On the squad overhead cabinet doors.
69-98-99AA XU Sect 2/3, Customer Supplied PortabLe Suction
ATTENTION FAB: WELD IN REINFORCEMENT FOR MOUNTING OF SUCTION UNIT.
Customer will supply bracket.
Mount on curbside wall - low enough, to allow sufficient room for removal of unit.
HARDWIRE PORTABLE SUCTION BRACKET TO 12 VOLT SYSTEM.
Portable Suction Bracket & Mounting Hardware Received
?????????????????????????
69-99-99AA XU Sect 3, Cabinet, At Foot End Of Squad Bench
>>>> ALL OPEN - NO DOORS. <<<<
Cabinet to be fuLL height between squad bench and overhead cabinet. Cabinet to be same
depth as squad bench and will be 12" wide (I. D.).
(3) adjustabLe angLed aluminum shelves with 2" lip.
Install trim lock over lip of shelves - trim lock must be glued on.
* * * PATIENT COMPARTMENT EQUIPMENT/COMPONENTS * * *
70-02-1000 IV Holders, (4) Cast Products #2008-1, Ceiling Mounted
LOCATION:
(2) over cot
(2) over squad bench
70-02-99AA XU IV Hanger, (1) Cast #IV2001, In 1st Action Area
Install in 1st action area, above the 0/2 view window.
70-10-9900 S Cot Mount, Ferno Washington 175-5
INSTRUCTION:
For cot model: Ferno Washington 35A
70-14-9800 S Cot Mount Location, >> Wall Mount <<
Reinforce lower rear streetside cabinet wall, for wall mounted cot mount.
70-17-9900 Cot Stop Location, Special, Specify Location.
Use bolt and nut fasteners - the sheet metal screws used on last truck are puLLing up.
Installed up against edge of stainless steel threshold - 10" off Streetside wall.
72-02-1200
Assist Rails, (1) 90" x 1.25", (1) 60" x 1.25" O.D, Brey Kr
INSTRUCTION:
(1) 90"x 1 .25" - over cot.
(1) 60" x 1.25 " - over squad bench.
72-10-0200
Signs, "No Smoking Oxygen Equipped" & "Fasten Seatbelts"
LOCATION:
(1) on 1 st action area wall.
* * * MEDICAL OXYGEN & ENVIRONMENTAL SYSTEMS * * *
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74-02-0200
74-02-0600
74-04-0800
74-04-2400
74-06-0600
74-10-0600
74-20-0800
74-22-0200
76-02-0600
76-06-0200
78-02-0600
Quote No: 10008-0001 I JoblOrder No:
.
Oxygen, 3000 Liters Minimum
Oxygen,(2) Outlets -1st Action Area Ii Squad Overhead
INSTRUCTION;
(1) on the 1 st action wall
(1) on curbside wall, at head end of overhead cabinet
Oxygen Outlets, Ohio Style
Oxygen Outlet, (1) Additional, Ceiling Mounted
INSTRUCTION:
(1) in ceiling over head of cot
SEE PRINT
Flowmeter, (1) Oxygen, Gravity Type
LOCATION:
SHIPPED LOOSE
Regulator, Oxygen
LOCATION:
On 0/2 hose in designated oxygen compartment.
S Suction Ii Aspiration Systems, SSCOR/Thomas, D4
INSTRUCTION:
(1) SSCOR 20001/02 disposable canister, injection molded plastic bracket and wall-mount
SSCOR 23001 vatuum gauge and outlet on 1st action area wall.
Install the Thomas brand vacuum pump in the upper left corner of the D-4 compartment, in a
metal cage.
(1) "on/off" switch in the rear switch panel, for Suction pump.
SEE PRINTS
Canister Bracket PIN 1031799
Sharps Ii Bio-Hazard Containers, Racksack With Bags
LOCATION:
SHIPPED LOOSE
* * * COMMUNICATION Ii LOOSE EQUIPMENT * * *
Patient Code Signal System, With (3) Switches Ii Buzzer
LOCATION:
Cab console and rear switch panel.
Radio Antenna Pre-Wire, (2) Base, Power, Ground Ii Coax
INSTRUCTION:
Antennae/Radio (2) bases and coax.
Power and ground wires.
Run from: (1) Center front of module roof.
(1) Center center of module roof.
Run to: (1) third seat in extended cab of chassis
(1) front console
Leave 48" service loop.
Wire radio power wires - wired battery hot.
(2) Fire Extinguishers, ABC 5 lb With Mounting Brackets
LOCATION:
SHIPPED LOOSE
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* * * PAINTING, LmERING & STRIPING * . ·
80-04-0200
80-04-0400
80-04-0800
82-02-1400
Body Surface Preparation with Corrosion Inhibitor
Paint Preparation & Processes
Body Paint Color, Sikkens, Single, White
Letters, (Qty) 3" Reflective with Vinyl Shading
3" Ruby Red Reflective #280-82 - No Outline
Install number on exterior of door, on each outside compartment (on bottom right corner
including cab roll-up door.
7
{
Start the numbering on the drivers side at the chassis compartment 1, etc around the whole I
unit.
Do not number the rear compartment under the rear doors.
82-04-9900
S Lettering - Per Customer Specifications
COLOR:
Ruby Red reflective #280-82 letters with Gold reflective 280-64 outline.
(All letters in the Gold reflective stripes are not outlined...allletters on the white paint, to be
outlined with Gold reflective.)
FONT: Italic (15-20 degree slant toward chassis, except lettering on rear entry doors slants to
the right.)
On Module Sides - toward rear.
6" - "BOYNTON BEACH"
(customer's decal & SOL)
6" - "FIRE RESCUE"
On Extended Cab - below striping:
3" - "FIRE"
3" - "RESCUE"
On Hood:
3" - "_" - one on each side of the hood - (like last unit).
On Module Rear - on entry doors, below handles:
6" - "BOYNTON BEACH"
6" - "FIRE RESCUE"
3" - "_" - on passenger rear entry door - centered at bottom.
Ruby Red reflective #280-82 letters - NO OUTLINE.
On Module Sides:
Installed on gold reflective stripe, just below drip rail. centered.
4" - "ADVANCED LIFE SUPPORT'
On Cab Doors in gold reflective stripe:
4" . "BOYNTON BEACH"
SEE PHOTOS OF PREVIOUS UNIT #7313,7314
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82-12-0200
82-12-0200
82-14-0200
82-14-0200
83-00-0100
84-05-0400
84-07 -0000
84-11-0500
84-22-0000
88-04-0200
Quote No: 10008-0001 / Job/Order No:
.
Shading, Down/ Right, Each Letter
Shading, Down/ Right, Each Letter
Lettering Color, Font & Location
Lettering Color, Font & Location
Entry Door Perimeter Safety Stripe, White Reflective (Std.)
Install a white reflective perimeter safety stripe around each entry door.
7
1
7
1
1
Main Scotchlite Stripe, Single, 1-Color, "Straight'Type
LOCATION:
Center band that tapers off above front wheels and upsweeps at front body corner and wraps
around rear of unit.
6" Wide, Gold Reflective #280-64
Non Metallic or Pearl Paint Color
Pinstripes, 1 /4"-2" Wide, Vinyl/Scotchlite Additional Color
Pinstripes, 1" Wide, Ruby Red Reflective #280-82
LOCATION:
Non-separated above and below Gold reflective stripes.
Pinstripe, 3/4" W -"(" Style Rubrail, Reflective
INSTRUCTION:
Install 3/4" wide white reflective stripe through the center of the "(" style rubrail.
Decals, "Ambulance" & "Star of Life" Packages, Installed
INSTRUCTIONS;
Color: Light Blue reflective #280-76 with white reflective #280-10 outline and then an
additional 1 /4" Light Blue reflective #280-76 outline around white reflective outline (snake and
staff are white reflective).
Delete all standard SOLs and decals. except install:
(2) 12" SOLs ILOS of 14" SOLs (match previous unit #7313)
On curbside - will be installed rearward of window.
(1) 32" roof SOL - standard location on module roof (std color)
2
88-04-99AA XU Decals, (2) Customer Supplied - Installed At Delivery
Customer to supply 12" Maltese cross decals.
Install on sides of module box, between lettering, (beside the 12" Star of Life).
On curbside - will be installed rearward of window.
Decals Received ???????????????????
90-02-0300
90-06-0600
* * * DELIVERY / END USER DOCUMENTATION * * *
Vehicle Operator's Manual, Hard Cover Binder - AD
Operating Instructions, Video Tape
PDF created with pdfFactory trial version www.pdffactorv.com
90-06-0800
90-07 -0200
92-02-0200
92-06-0400
Electrical Schematics CD
Fuel Fill
Medtec Standard Warranty
No Extended Conversion Warranty Required
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VI.-CONSENT AGENDA
ITEM 8.3.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 15, 2008 March 31, 2008 (Noon) [8J June 17,2008 June 2, 2008 (Noon)
0 May 6, 2008 April 14,2008 (Noon) 0 July 1,2008 June 16,2008 (Noon)
0 May 20, 2008 May 5, 2008 (Noon) 0 July 15,2008 June 30, 2008 (Noon)
0 June 3, 2008 May 19,2008 (Noon) 0 August 5, 2008 July 14,2008 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM [8J Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: A motion to approve the 'ANNUAL SUPPLY OF POLYPHOSPHATE TYPE CORROSION
INHIBITORS", Bid # 040-2821-08/JA, to Nalco Company, of Naperville, Illinois for an estimated annual expenditure
of $60,000.00.
EXPLANATION: On April 30, 2008, Procurement Services opened and tabulated five (5) proposals. Based on the bid
data, the actual unit price of polyphosphate per million gallons of water treated was determined and used to make a
fair comparison between these products. As a result Nalco Company has the lowest overall price for the products
needed for both water treatment plants, in addition to the convenience of only having to deal with one company for
both products.
The provision of this bid will allow for a one year extension at the same terms, conditions, and prices subject to vendor
acceptance, satisfactory performance and determination that the renewal is in the best interest of the City.
PROGRAM IMP ACT: The purpose of this bid is to obtain a firm price for corrosion inhibitor for each of the City's
two (2) water treatment plants. The corrosion inhibitor shall stabilize carbonates and hold copper, lead, and iron
from entering water into the system pipes, joints, etc. The firm price shall be determined in price per million gallons
and unit price for one (1) year supply of corrosion inhibitor at each facility.
FISCAL IMP ACT:
ACCOUNT NUMBER:
401-2811-536-5235
ESTIMATED ANNUAL EXPENDITURE:
$60,000.00
ALTERNATIVES: The water would not be satisfactory to drink.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
/~
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Department Head's SIgnature
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CIty Manager's Signature
Assistant to City Manager ~
IfI3fr-
City Atto,I,iey ! Finance
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CC: Dave Ailstock - Utilities, WWTP Chief Operator
Michael Low - Utilities Deputy Director
Barbara Conboy - Utilities, Administrator Manager
Melvin Pinkney - Utilities, EWTP, Lead Operator
File
SIBULLETINIFORMS\AGENDA ITEM REQUEST FORM DOC
Memorandum
Utilities # 08-43
From:
Kofi Boateng
Utilities Director
i~ Ie,.. ii!""',.,
;Pi ,\ 1;... .;"", it. l1\ ll"" D
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~008
To:
Carol Doppler
Procurement Services
Date:
May 27, 2008
Subject:
Polyphosphate Corrosion Inhibitor
Bid Number 040-2821-08/JA
Polyphosphate corrosion inhibitor is used at both water treatment plants for
stabilizing the water in the distribution system. These products are not generic in
nature and are specifically formulated for each individual water treatment plant.
The current bid with Shannon Chemical Corporation to purchase these products
has expired and can no longer be extended.
Financial Services accepted bids (Bid # 019-2821-07-07/JA) for these corrosion
inhibitor products on April 30th, 2008 when bids were opened.
Based on bid data, the actual unit price of polyphosphate per million gallons of
water treated was determined and used to make a fair comparison between
these products. As a result, we have concluded that Nalco Company has the
lowest overall price for the products needed for both water treatment plants, in
addition to the convenience of only having to deal with one company for both
products.
We recommend awarding the polyphosphate corrosion inhibitor bid to Nalco
Company for both the East and West Water Treatment Plants. The East plant will
use dry polyphosphate in fifty-pound bags for their chemical feeder. The West
water plant will use liquid polyphosphate delivered in fifty-five gallon drum
containers.
We estimate our polyphosphate usage as follows:
. 27,397 pounds of dry polyphosphate at a cost of $32,324.25 (EWTP)
. 37,960 pounds of liquid polyphosphate at a cost of $27,192.40 (WWTP)
We have had excellent service with Nalco Corporation In the past and their
products have worked as expected.
Please place this item on the next city commission agenda to approve the bid for
$60,000 dollars for polyphosphate to Nalco Company. These funds are available
in account number 401-2811-536-5235.
If you have any questions, please contact Michael Low at 742-6403 or Dave
Ailstock at 742-6953.
Attachments
bc: Dave Ailstock
xc: Michael Low
Barbara Conboy
Melvin Pinkney
File
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\t1
VI.-CONSENT AGENDA
ITEM C.l
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
0 April 15, 2008 March 31, 2008 (Noon) [8J June 17, 2008 June 2, 2008 (Noon)
0 May 6, 2008 April 14, 2008 (Noon) 0 July 1,2008 June 16,2008 (Noon)
0 May 20, 2008 May 5, 2008 (Noon) . 0 July 15. 2008 June 30, 2008 (Noon)
0 June 3, 2008 May 19, 2008 (Noon) 0 August 5, 2008 July 14,2008 (Noon)
0 Ann ouncements/Presentati ons 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM [8J Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Authorize the Mayor to sign three original Memorandums of Understanding and one Attestation
form to accept funding from the Florida Department of Elder Affairs, Senior Center Fixed Capital Outlay program, for capital
improvements to the Boynton Beach Senior Center.
EXPLAN A T10N: The City of Boynton Beach has been awarded a matching grant of $71 ,497 from the Florida Department
of Elder Affairs, Senior Center Fixed Capital Outlay program for mitigation and safety improvements to the Senior Center.
Upon execution of the project agreement, the City will have until April 30,20 J 0 to complete the improvements.
PROGRAM IMPACT: Mitigation and safety improvements include: replacement of the roof, replacement of an old air
conditioning unit, replacement of the front entrance awning, installation of a new awning at the rear entrance of the building,
installation of a public address system throughout the building, installation of automatic push buttons on restroom doors and
automatic flushing devices on toilets and urinals, replacement of 13 hurricane shutters to meet Miami-Dade standards and
installation of five additional video surveillance cameras.
FISCAL IMPACT: Total project cost is estimated at $209,897. Since the City was in the process of replacing the roof within
the grant application deadline, we were able to use the dollars spent on the re-roof as our City match. The roof replacement
was budgeted in FY2007/2008 Capital Improvements Program for $138,400 and was completed in December 2007.
AL TERNA TIVES: Not enter into the agreement with the Department of Elder Affairs and the City would pay all project
CO"". / ~. "
, ./ ~ .. /' ' .
~ I ~ t
.:: ,1"'\:;: '" r tV......J'-'~ .' . L..../-;Ja l G ~ - _..:.-..:.
. Ci~ Manager's Signature
Recreation & Parks
~ssistant to City Manager
~
Department Name
-<:-
City Attorney I Finance
SIBULLETINIFORMSIAGENDA ITEM REQUEST FORM. DOC
1 RESOLUTION NO. R08-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE
5 THE MEMORANDUM OF UNDERST ANDING AND
6 SUPPORTING DOCUMENTS FOR SENIOR CENTER
7 FIXED CAPITAL OUTLAY STATE GRANTS AND AIDS
8 BETWEEN THE CITY OF BOYNTON BEACH AND THE
9 STATE DEPARTMENT OF ELDER AFFAIRS FOR
10 CAPIT AL IMPROVEMENTS TO THE BOYNTON BEACH
11 SENIOR CENTER; AND PROVIDING AN EFFECTIVE
12 DATE.
13
14 WHEREAS, the City of Boynton Beach has been awarded a matching grant of
15 $71,497.00 from the Florida Department of Elder Affairs for mitigation and safety
16 improvements tot he Senior Center: and
17 WHEREAS, the City of Boynton Beach will have until April 30, 2010 to complete the
18 improvements to the Senior Center; and
19 WHEREAS, the City Commission of the City of Boynton Beach, upon
20 recommendation of staff, deems it in the best interest ofthe citizens and residents to authorize
21 he Mayor to execute a Memorandum of Understanding and supporting documents for the
22 Senior Center Fixed Capital Outlay program.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
24 HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
26 eing true and correct and are hereby made a specific part of this Resolution upon adoption.
27
Section 2.
The City Commission of the City of Boynton Beach hereby authorizes
28 he Mayor to execute a Memorandum of Understanding and supporting documents for the
29 enior Center Fixed Capital Outlay program between the City of Boynton Beach and the State
I\CA\RESOlAgreements\Grants\Senior Center (MOU - Grant).doc
1 of Florida Department of Elder Affairs, a copy of which is attached hereto as Exhibit "A".
2
Section 3.
This Resolution shall become effective immediately upon passage.
3 PASSED AND ADOPTED this _ day of June, 2008.
4
5
6 CITY OF BOYNTON BEACH, FLORIDA
7
8
9 Mayor - Jerry Taylor
10
11
12 Vice Mayor - Jose Rodriguez
13
14
15 Commissioner - Ronald Weiland
16
17
18 Commissioner - Woodrow L. Hay
19
20
21 Commissioner - Marlene Ross
22 ATTEST:
23
24
25
26 Janet M. Prainito, CMC
27 City Clerk
28
29
30 (Corporate Seal)
31
:\CA\RESOlAgreements\Grants\Senior Center (MOU - Grant).doc
Citv of Bovnton Beach
(Recipient's Name)
(Project: Boynton Beach Senior Center)
and
State of Florida
Department of Elder Affairs
MEMORANDUM OF UNDERSTANDING
FOR
Senior Center Fixed Capital Outlay
State Grants and Aids
THIS MEMORANDUM OF UNDERSTANDING, entered into this _ day of
20_, by and between the State of Florida, Department of Elder Affairs, hereinafter referred to
as the "department," and City of Boynton Beach hereinafter referred to as the "recipient."
WITNESSETH:
WHEREAS the State of Florida, Department of Elder Affairs, by authority granted in Chapters
20, 216 and 430 of the Florida Statutes, administers state funds appropriated by the Florida
Legislature, and
WHEREAS $9,100,000 was appropriated by the Florida State Legislature to the department in
Line Item 501 of Fiscal Year 2007-2008 General Appropriations Act, Section 3-Human Services,
grants and aids to local governments and non-state entities - fixed capital outlay grants and
aids- senior citizen centers from general revenue fund, and
WHEREAS City of Boynton Beach has received $71.497.00 for Boynton Beach Senior Center
in Palm Beach County, and
WHEREAS there is a need to provide a facility for provision of fixed capital improvement to
construct, repair and maintain Florida's senior centers in order to fulfill legislative intent, and
WHEREAS the department has received from the recipient the attached Exhibit A (approved
Letter of Intent or Facility Program) for the development and provision of fixed capital
improvement for projects to construct, repair and maintain Florida's senior centers.
IT IS THEREFORE agreed between the department and the recipient as follows:
I. THE RECIPIENT AGREES:
A. Services to be Provided
To plan, develop and accomplish the projects described in Exhibit A and
activities specified in LB. of this Memorandum of Understanding or otherwise
cause the planning, development and accomplishment of such projects and
activities.
B. Manner of Provision of Services
See Exhibit A, Letter of Intent or Facility Program
C. State Laws and Requlations
1. To obtain all supplies and services for use in the performance of this
Memorandum of Understanding at the lowest practicable cost and to
purchase by means of a system of competitive bidding wherever required to
do so by law, or whenever practicable even if not required by law.
2. To comply with all state licensing standards, all applicable standards, criteria
and guidelines of the department.
D. Civil Riqhts Requirements
1. The Recipient assures compliance with:
a. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et
seq., which prohibits discrimination on the basis of race, color, or national
origin.
b. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C.
794, which prohibits discrimination on the basis of disability.
c. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C.
1681 et seq., which prohibits discrimination on the basis of sex.
d. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq.,
which prohibits discrimination on the basis of age.
e. Section 654 of the Omnibus Budget Reconciliation Act of 1981, as
amended, 42 U.S.C. 9849, which prohibits discrimination on the basis of
race, creed, color, national origin, sex, disability, political affiliation or
beliefs.
f. The Americans with Disabilities Act of 1990, P.L. 101336, which prohibits
discrimination on the basis of disability and requires reasonable
accommodation for persons with disabilities.
g. All regulations, guidelines and standards as are now or may be lawfully
adopted under the above statutes.
2. The recipient agrees that compliance with these requirements constitutes a
condition of continued receipt of or benefit from funds provided through this
Memorandum of Understanding, and that it is binding upon the recipient, its
successors, transferees and assignees for the period during which services
are provided or obligations under this Memorandum of Understanding
continue. The recipient further assures that all contractors, subcontractors,
sub grantees, or others with whom it arranges to provide services or benefits
to participants or employees in connection with any of its programs and
activities are not discriminating against those participants or employees in
violation of the above statutes, regulations, guidelines and standards.
E. Audit and Records
2
1. To maintain complete, accurate and adequate financial records and reports
relating to funds received under this Memorandum of Understanding and
expenditures made with those funds.
2. To maintain books, records, documents including electronic storage media
and the evidence and accounting procedures, practices and internal controls
which sufficiently and properly reflect all direct and indirect costs of any
nature expended in the performance of this Memorandum of Understanding.
3. All records shall be subject at all times to inspection, review, copying or audit
by authorized state personnel and other personnel duly authorized by the
department.
4. To include these aforementioned audit, in Exhibit B and record keeping
requirements in all approved subcontracts and assignments.
F. Retention of Records
To retain all financial records, supporting documents, statistical records and any
other documents including electronic storage media pertinent to this
Memorandum of Understanding for a period of not less than six (6) years after
the ending date of this Memorandum of Understanding. If audit findings have not
been resolved at the end of the six (6) year period, the records shall be retained
until resolution of the audit findings. State auditors and any persons duly
authorized by the department shall have full access to, and the right to examine
any of the said materials at any time during regular business hours.
G. Status Reports
To provide the Department with monthly status reports. Monthly status reports
are due by the 15th day of each month. The report will be numbered sequentially
and shall reference the MOU number and project name. Detail should be
sufficient so that the department has a clear understanding of the project status
during the reporting period. The report shall also include anticipated
expenditures for the next three months.
H. Indemnification
The recipient agrees to be liable for all claims, suits, judgments, or damages,
including court costs and attorney's fees, arising out of the negligent or
intentional acts or omissions of the recipient, and its agents, subcontractors and
employees, in the course of the operation of this Memorandum of Understanding.
Further, the recipient agrees to indemnify the department against all claims,
suits, judgments, or damages, including court costs and attorney's fees, arising
out of the negligent or intentional acts or omissions of the recipient, and its
agents, subcontractors, and employees, in the course of the operation of this
Memorandum of Understanding. Also, the recipient agrees to defend the
department, upon receiving written notification from the department, against all
claims, suits, judgments, or damages, including costs and attorney's fees, arising
out of the negligent or intentional acts or omissions of the recipient and its
agents, subcontracts, and employees, in the course of the operation of this
Memorandum of Understanding. In no event shall the recipient be liable for or
have any obligation to defend the department against such claims, suits,
judgments or damages, including costs and attorney's fees, arising out of the
sole negligent acts of the department.
I. Publicity and Public Notice
All notices, informational pamphlets, press releases, research reports and similar
public notices referencing the construction, repair and/or maintenance of this
building and prepared and released by the recipient shall include the statement:
"This project is funded under a Memorandum of Understanding with the State of
Florida, Department of Elder Affairs. "
J. Safeouardinq Recipient Information
The recipient shall not use or disclose any information concerning the eventual
recipients of services under this Memorandum of Understanding for any purpose
not in conformity with state and federal regulations, as determined by the
department, except on written consent of the recipient of services, recipient of
services' attorney, or recipient of services' responsible parent or guardian.
K. Monitorino
The recipient shall permit department personnel or representatives to monitor the
projects that are the subject of this Memorandum of Understanding.
L. Public Access
To allow public access to all documents, papers, letters, or other materials
subject to the provisions of Chapter 119, Florida Statutes, and made or received
by the recipient in conjunction with this Memorandum of Understanding.
M. Security Interest
1. By signing this Memorandum of Understanding the recipient acknowledges
and agrees that its acceptance of funds for the purpose of construction,
repair andlor maintenance of the property (or facility, building, etc.) is also
subject to the conditions set forth below. The recipient agrees to grant a
security interest in the property in an amount equal to the pro rata portion of
the state's investment to the current fair-market value for repair andlor
maintenance upon completion, or its proportionate share of the cost of the
construction, but under no circumstance shall the security interest be less
than the amount of state funds provided by this Memorandum of
Understanding.
2. The department's interest shall commence at the time the funds are
transferred to the recipient and shall be proportionately amortized and
subsequently vacated over a 20-year period. The recipient may request that
the department relinquish its interest sooner if circumstances arise and if the
department finds that early retirement is in the best interest of the state. The
decision to approve such a request is the exclusive determination of the
department and shall not be reviewable by any court or administrative forum.
3. The recipient shall notify the department in writing of the date of completion
of construction, repair or maintenance and shall maintain a copy of the
notification in its files together with a written acknowledgment of the
department's receipt of the notification of completion. The recipient must
4
notify the department in writing a minimum of 30 days prior to any change In
the equitable ownership of the property and agrees that, if it or its successors
in interest dispose of the property before the department's interest is
completely satisfied, the recipient will refund the proportionate share of the
state's investment. In the event the recipient fails to notify the department a
minimum of 30 days prior to any change in the equitable ownership of the
property, or fails to notify the prospective new equitable owner of the
existence of the department's interest, the recipient shall forthwith and
immediately refund to the state the total number of dollars transferred
pursuant to this Memorandum of Understanding.
4. As required by section 287.05805, Florida Statutes, the recipient agrees to
file a lien granting the department a security interest in the property at least to
the amount of state funds provided for at least five (5) years from the date of
purchase or the completion of the improvements.
N. Public Entitv Crime
Pursuant to section 287.133, Florida Statutes, the following restrictions are
placed on the ability of persons convicted of public entity crimes to transact
business with the department:
A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid, proposal, or reply on a
contract to provide any goods or services to a public entity; may not submit a bid,
proposal, or reply on a contract with a public entity for the construction or repair
of a public building or public work; may not submit bids, proposals, or replies on
leases of real property to a public entity; may not be awarded or perform work as
a contractor, supplier, subcontractor, or consultant under a contract with any
public entity; and may not transact business with any public entity in excess of
the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of
36 months following the date of being placed on the convicted vendor list.
II. THE DEPARTMENT AGREES:
A. Consultation
To furnish consultation and technical assistance to the recipient, if requested.
B. Method of Payment for Services
The following procedures for payment will apply:
1. In no event will payment be made under Section II.B. for matching grant
situations under the Memorandum of Understanding unless recipient
illustrates to the department that the project is fully funded with proper
matching funds as specified in the Letter of Intent or Facility Program.
2. Subject to the availability of state funds, the department shall award to the
recipient a sum not to exceed $71,497.00 during the term of this
Memorandum of Understanding.
3. In no event will payment be made by the department in excess of $71,497.00
as agreed upon by all parties to this Memorandum of Understanding.
4. Payment shall be made as work is completed in accordance with Exhibit A
(approved Letter of Intent or Facility Program) and submission of invoice,
which is in Exhibit C of this MOU.
5. Payment shall be made in accordance with section 215.422. Florida Statute
and after the submission and approval of a complete and accurate invoice
and supporting documentation.
6. The department may advance parts or the whole of any advances before they
become due if it is agreed by the parties and advisable to do so and all such
advances or releases shall be deemed to have been made in pursuance of
this Memorandum of Understanding and not to be a modification hereof. The
making of any such advance, or any part of such advance shall not be
deemed an approval or acceptance by the department of the work therefore
done. Written justification for advancements must be documented on the
recipient's letterhead.
7. All sums advanced hereunder shall be used by the recipient solely and
exclusively for the purposes intended, to wit: fixed capital outlay project to
construct, repair and maintain Florida's Senior Centers.
8. Upon completion of the project, a final accounting will be made and any funds
not used in the completion of the project shall be returned to the department
within thirty (30) days after the final accounting report is submitted to the
department.
9. Any interest earned from advanced moneys shall be returned to the
department.
III. THE DEPARTMENT AND THE RECIPIENT MUTUALLY AGREE:
A. Effective Date
1. This Memorandum of Understanding shall be effective Mav 14. 2008, or on
the date in which the Memorandum of Understanding has been signed by
both parties, whichever is later.
2. This Memorandum of Understanding shall end on April 30. 2010.
B. Termination
1. Termination Because of Lack of Funds: It is agreed that in the event funds to
finance this Memorandum of Understanding become unavailable, the
obligations of each party, hereunder may be terminated upon no less than
twenty-four (24) hours notice in writing to the other party. Said notice shall be
delivered by certified mail, return receipt requested, or in person with proof of
delivery. The department shall be the final authority as to the availability of
state funds, and as to how any available funds will be allocated among
6
recipients. Any payments advanced by the department are to be repaid as
described in Section II above.
2. Termination for Breach: Unless the recipient's breach is excused, the
department may, by written notice of breach to the recipient, terminate the
whole or any part of this Memorandum of Understanding in any of the
following circumstances:
a. If the recipient fails to provide services called for by this Memorandum of
Understanding within the time specified herein or any extension thereof;
or
b. If the recipient fails to perform any of the other provisions of this
Memorandum of Understanding.
c. Termination shall be upon no less than twenty-four (24) hours notice in
writing delivered by certified mail, return receipt requested, or in person
with proof of delivery. The recipient shall continue the performance of this
Memorandum of Understanding to the extent not terminated under the
provisions of this clause.
3. Waiver of Breach of any provision of this Memorandum of Understanding
shall not be deemed to be a waiver of any other or subsequent breach and
shall not be construed to be a modification of the terms of the Memorandum
of Understanding.
C. Termination Arranqements
After receipt of a notice of termination, and except as otherwise directed, the
recipient shall:
1. Stop work under the Memorandum of Understanding on the date and to the
extent specified in the notice of termination.
2. Place no further orders or contracts for materials, services or facilities except
as may be necessary for completion of such portion of work under the
Memorandum of Understanding as is not terminated.
3. Terminate all outstanding orders and contracts to the extent that they relate
to the performance of work that was terminated.
4. Prepare all necessary reports and documents required under the terms of the
Memorandum of Understanding up to the date of termination, including the
final report due upon completion of the Memorandum of Understanding, if
any, without reimbursement for services rendered in completing said reports
beyond termination date if said reports are not completed prior to termination
date.
5. Take any other actions as directed in writing by the department.
6. Immediately return all unexpended funds to the department.
D. Reneqotiation or Modification
Any alterations, variations, modifications, or waivers of provisions of this
Memorandum of Understanding shall only be valid when they have been reduced
to writing, duly signed by all parties hereto, and attached to the original of this
Memorandum of Understanding.
E. Name of Payee
The name of the official payee to whom the department shall issue warrants shall
be City of Boynton Beach. The payee's Federal Employer Identification Number
is 59-6000282.
F. Use of Funds for Lobbyinq Prohibited
The recipient will comply with the provisions of section 216.347, Florida Statutes,
which prohibits the expenditure of grants and aids appropriations for the purpose
of lobbying the Legislature, the judicial branch or a state agency.
G. All Terms and Conditions Included in Memorandum of Understandinq
This Memorandum of Understanding and its incorporated attachments contain all
the terms and conditions agreed upon by the parties. No other agreements, oral
or otherwise, regarding the subject matter of this Memorandum of Understanding
shall be deemed to exist or to bind any of the parties hereto. In the event of a
breach or termination of this agreement, the recipient agrees to pay all costs of
collection of monies due to the department including a reasonable attorney's fee
and costs. Any real property purchased with funds paid pursuant to this
agreement shall be subject to a lien in favor of the State of Florida.
H. Attachments to be Part of Memorandum of Understanding
Exhibit A Approved Letter of Intent/Facility Program
Exhibit B Audit Attachment
Exhibit C Standard Budget Forms
DOEA 1 05f Receipts and Expenditure Report
DOEA 106f Request for Payment
DOEA 1 07f Senior Centers Statement of Use of Funds
Exhibit D Lien
I. Notice. Contact. and Payee Information:
1. The name. address. and telephone number of the contract manaaer for
the department for this contract is:
Department of Elder Affairs
Beverly Friedberq
4040 Esplanade Way
Tallahassee. Florida 32399
(850) 414-2000 SC 994-2000
2. The name, address. and telephone number of the representative of the
provider responsible for administration of the proqram under this contact is:
8
City of Boynton Beach
Wally Maiors
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33435
(561) 742-6255
3. In the event different representatives are desiqnated by either party after
execution of this contract. notice of the name and address of the new
representative will be rendered in writinq to the other party and said
notification attached to oriqinals of this contract
9
IN WITNESS WHEREOF the parties hereto have executed this 10 page Memorandum
of Understanding, the day and year previously written.
RECIPIENT:
As Witnessed By:
By:
Name:
Title:
Date:
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
STATE OF FLORIDA
DEPARTMENT OF ELDER AFFAIRS
As Witnessed By:
By:
Name:
Title:
Date:
APPROVED AS TO FORM AND LEGALITY
General Counsel's Office
Department of Elder Affairs
By:
10
Revised August 2007
Attestation Statement
Agreement/Contract Number
Amendment Number
I,
, attest that no changes or revisions have been made to the
(Recipient/Contractor representative)
content of the above referenced agreement/contract or amendment between the Department of Elder Affairs
and
(Recipient/Contractor name)
The only exception to this statement would be for changes in page formatting, due to the differences in
electronic data processing media, which has no affect on the agreement/contract content.
Signature of Recipient/Contractor representative
Date
DOEA Contract Manager to initial and date indicating signatures/initials appropriate on all documents; ready
for DOEA Secretary/designee signature
initial date
Revised August 2007
EXHIBIT A
Attachment 2
Page 1 of 6
FY 2008
LETTER OF INTENT/FACILITY PROGRAM FOR CONSTRUCTION
TO: Department of Elder Affairs
4040 Esplanade Way
Room 315G
Tallahassee, FL 32399
FROM: City of Boynton Beach
Local Government or Nonstate Entity's Legal Name
ADDRESS:
100 E. Boynton Beach Boulevard
Boynton Beach. Florida 33435
FEDERAL EMPLOYER NUMBER: 59-6000282
PROJECT CONTACT NAME: Wally Maiors. Recreation & Parks Director (561)742-6255
Telephone Number
DOLLAR AMOUNT: J71.490
APPROPRIATION LINE ITEM NUMBER:
PROJECT TITLE: Boynton Beach Senior Center
PROJECT LOCATION: 1021 S. Federal Hiahway. Boynton Beach
street city
Palm Beach County
county
RENOVATION X
CONSTRUCTION:
NEW
ADDITION
LAND PURCHASE
BUILDING PURCHASE
OTHER
PROPOSED DATE OF OCCUPANCY: Boynton Beach Senior Center opened in 1999.
Submitted:
Local Government or Nonstate Entity (Recipient)
Date
Reviewed:
FCOP Committee Member
Date
General Services, OMC II, Facilities and Leasing
Reviewed:
Date
Approved:
Director, Division of Internal and External Affairs
Date
Attachment 2
Dage 2 of 6
LETTER OF INTENT/FACILITY PROGRAM
1. DESCRIPTION OF THE PROGRAM(S) WHICH WILL BE AFFECTED BY THIS APPROPRIA nON:
The renovations will ensure our senior citizens they have a place to go for the essential
services they need. The new roof will ensure rooms are open and ready to use, free from
leaks. The hurricane shutters will protect the windows and help ensure the facility will be
open and operational immediately after a storm. The new air conditioning system will help
keep the seniors cool and comfortable in healthy breathing environment. The front and
rear awnings will shade the senior citizens when they are waiting for transportation at the
entrance ways and also provide a safe lobby entrance area in rainy weather. The
automatic handicap door openers and automatic flushers will assist the elderly with basic
self-care functions, easily entering and exiting the restroom's heavy fire rated doors and
automatically flushing the toilets and urinals. The public address system and video
surveillance cameras will provide for a safer and more secure environment for everyone.
2. DESCRIPTION OF THE SCOPE (SIZE) OF THE PROPOSED PROJECT:
The Senior Center Project is a renovation project. The following elements are included:
. Re-roof the facility (the City of Boynton Beach is using this as the match, this portion
of the project has been completed due to the immediate need)
. Purchase and install thirteen (13) Miami-Dade approved hurricane shutters
. Purchase and install a new air conditioning unit
. Replace the front awning and purchase and install a new awning at the rear
entrance
. Purchase and install a public address system throughout the facility
. Purchase and install automatic push buttons for restroom doors
. Purchase and install automatic flushing devices for all toilets and urinals
. Purchase and install five video surveillance cameras
Attachment 2
Page 3 of 6
LETTER OF INTEN/FACILlTY PR9GRAM
3. SCHEDULE OF PA YMENTS (PROJECTED DA TES) FOR VARIOUS STAGES OF PROJECT:
Date
a. Program submitted
b. Architect/engineer selected
c. Architect/engineer contract award
(Include a copy of the AlE contract, a site
plan, location map & any design documents.
If available, electronic mail version is preferred.)
11/20/07
N/A
Architect's name
N/A
N/A
N/A
N/A
N/A
d. Notice to proceed with design
e. Final design approval
f. Advertisement for construction bid
g. Construction contract award
(Include a copy of the construction contract)
Contractor's name
h. Permits
10/16/07 - 6/30/08
10/16/07
i. Notice to proceed with construction
j. Monthly construction payments 11/19/07 - 9/30/08 * roof mitigation from 2007 and
other payments as equipment is installed.
k. Final construction completion
9/30/08
4. ESTlMA TED DOLLAR AMOUNT OF FUNDING SOURCES:
a. State $ 71.497
b. Local Match $ 0
c. City $ 138,400
d. County $ 0
e. Temporary loan $ 0
TOTAL $ 208.897
LETTER OF INTENT/FACILITY PROGRAM
5. ESTlMA TED PROJECT BUDGET BY MAJOR CA TEGORY OF EXPENDITURE:
a. Land Purchase (Include 2 appraisals
and the location map.) $
b. Building Purchase (Include 2
appraisals, a graphic representation such
as plat map, site plan, photographs and/or
boundary survey. If available, the electronic
version is preferred. Send a disk or
electronic mail version.) $
c. Closing costs (Doc stamps, intangible
taxes, endorsements, title insurance,
appraisal bank fees, survey, soil testing,
miscellaneous land acquisition,
contingency) $
d. Professional Services (architect!
engineer/special consultant, schematic
design phase, design development phase,
construction document phase, bidding,
construction administration) $
e. Construction (Total estimates includes:
permits, bidding and award, construction
contract, communications [security system,
phone lines, etc.). contingency, fixture,
furniture and equipment. $
f. Replacement costs (exterior building
package [repairs, roof, windows, painting],
interior [finishes & renovations], building
utilities [piumbing, mechanical, electrical).
construction reserves [5% hard costs] $
TOTAL $
208,897
208.897
Attachment 2
Page 4 of 6
Attachment 2
Page 5 of 6
FACILITY PROGRAM
( fill out for projects $500,000 & above)
1. STATEMENT OF FACILITY PROGRAM NEEDS and/or JUSTIFICATION
Provide a summary of the program objectives including impact/influence on your district/region.
2. PROFESSIONAL SERVICE REQUIREMENTS
a. Architect, engineer or special consultants.
Outline scope of services required.
3. SITE ANALYSIS REQUIREMENTS
a. SITE ZONING: CERTIFY ATTAINABILITY OF ALL PERMITS:
1. Present zoning classification if the intended use is nonconforming; what are the measures
necessary to obtain a rezoning, waiver or a special exception?
b. SITE RESEARCH TO INCLUDE:
1. Facility uses/deed restrictions and ordinances that may restrict the site development/use.
Parking requirements.
c. EXISTING BUILDINGS ON SITE: to be removed or to remain? Justification for demolition or for
renovation is required.
d. SITE OWNERSHIP (private or public): transferal of ownership must be executed rapidly to avoid
construction delays.
e. APPROPRIATENESS OF THE SELECTED SITE: site access, location in relationship to the major
thoroughfares and transportation terminals (public transportation). Utilities available: water, electrical,
sanitary sewer. Is the conductor (sizes) of each sufficient to serve the need of the proposed facility?
f. CERTIFICATION OF POSITIVE DRAINAGE:
Verify the possibility of the selected site lying within a natural flood plain or drainage basin.
g. If funding is to be used for a renovation or addition, has an ASBESTOS SURVEY been conducted?
If asbestos is present, provide a budget for the estimated removal cost.
4. BUDGET ANALYSIS REQUIREMENTS: ALLOCATED FUNDING
Provide cost breakdown as shown:
a. Professional Services and Other Costs (if Required)
Architect/Engineer
Special Consultant
$
$
Architect's Name
Construction Documents (including
bidding/construction administration)
Part A Subtotal
$
$
$
$
$
Contractor's Name
Survey
Soil Analysis
Furniture/Equipment
FACILITY PROGRAM
Attachment 2
Page6of6
b. Construction Costs
Part B Subtotal
$
$
$
$
$
$
$
$
$
Construction
Site Development
Utilities
Perm its
Comm unications
Specialty Cost
Contingency (10%)
TOTAL COST (Part B plus Part A)
FUNDING SOURCE:
State
$
Local Match
$
City
$
County
$
Temporary loan
$
Total $
SCHEDULE OF PAYMENTS (projected dates):
1. Program submitted
2. ArchitecUengineer selection
3. ArchitecUengineer contract award
4. Notice to proceed with design
5. Final design approval
6. Advertisement for construction bid
7. Construction contract award
8. Permits
9. Notice to proceed with construction
10. Monthly construction payments
11. Final construction completion ---
FINANCIAL AND COMPLIANCE AUDIT
Exhibit B
Page 1 of6
The administration of resources awarded by the Department of Elder Affairs to the provider may be subject to audits
and/or monitoring by the Department of Elder Affairs, as described in this section.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised, and Section 215.97, F.S.,
(see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department of staff,
limited scope audits as defined by OMB Circular A-B3, as revised, and/or other procedures. By entering into this
agreement, the provider agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by
the Department of Elder Affairs. In the event the Department of Elder Affairs determines that a limited scope audit of the
provider is appropriate, the provider agrees to comply with any additional instructions provided by the Department of
Elder Affairs to the provider regarding such audit. The provider further agrees to comply and cooperate with any
inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the provider is a State or local government or a non-profit organization as defined in OMB
Circular A-B3, as revised.
In the event that the provider expends $500,000 or more in Federal awards during its fiscal year, the provider must have a
single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised.
Attachment 1 to this agreement indicates Federal resources awarded through the Department of Elder Affairs by this
agreement. In determining the Federal awards expended in its fiscal year, the provider shall consider all sources of
Federal awards, including Federal resources received from the Department of Elder Affairs. The determination of
amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-B3, as
revised. An audit of the provider conducted by the Auditor General in accordance with the provisions of OMB Circular
A-133, as revised, will meet the requirements of this part.
In connection with the audit requirements addressed in Part I, paragraph I, the provider shall fulfill the requirements
relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised.
If the provider expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the
provisions of OMB Circular A-B3, as revised, is not required. In the event that the provider expends less than $500,000
in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB
Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such audit must
be paid from provider resources obtained from other than Federal entities.)
An audit conducted in accordance with this part shall cover the entire organization for the organization's fiscal year.
Compliance findings related to agreements with the Department of Elder Affairs shall be based on the agreement's
requirements, including any rules, regulations, or statutes referenced in the agreement. The financial statements shall
disclose whether or not the matching requirement was met for each applicable agreement. All questioned costs and
liabilities due to the Department of Elder Affairs shall be fully disclosed in the audit report with reference to the
Department of Elder Affairs agreement involved. If not otherwise disclosed as required by Section .31O(b )(2) of OMB
Circular A-133, as revised, the schedule of expenditures of Federal awards shall identify expenditures by agreement
number for each agreement with the Department of Elder Affairs in effect during the audit period. Financial reporting
packages required under this part must be submitted within the earlier of 30 days after receipt of the audit report or 9
months after the end of the provider's fiscal year end.
Exhibit B
Page 2 of 6
PART II: STATE FUNDED
This part is applicable if the provider is a nonstate entity as defined by Section 215.97(2), Florida Statutes.
In the event that the provider expends a total amount of state financial assistance equal to or in excess of $500,000 in any
fiscal year of such provider (for fiscal years ending September 30, 2004 or thereafter), the provider must have a State
single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of
the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-
profit organizations), Rules of the Auditor General. A TT ACHMENT I to this agreement indicates state financial
assistance awarded through the Department of Elder Affairs by this agreement. In determining the state financial
assistance expended in its fiscal year, the provider shall consider all sources of state financial assistance, including state
financial assistance received from the Department of Elder Affairs, other state agencies, and other nonstate entities. State
financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for
Federal program matching requirements.
In connection with the audit requirements addressed in Part II, paragraph I, the provider shall ensure that the audit
complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting
package as defined by Section 215.97(2), Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General.
If the provider expends less than $500,000 in state financial assistance in its fiscal year (for fiscal years ending September
30,2004 or thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not
required. In the event that the provider expends less than $500,000 in state financial assistance in its fiscal year and elects
to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit
must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the provider resources
obtained from other than State entities).
An audit conducted in accordance with this part shall cover the entire organization for the organization's fiscal year.
Compliance findings related to agreements with the Department of Elder Affairs shall be based on the agreement's
requirements, including any applicable rules, regulations, or statutes. The financial statements shall disclose whether or
not the matching requirement was met for each applicable agreement. All questioned costs and liabilities due to the
Department of Elder Affairs shall be fully disclosed in the audit report with reference to the Department of Elder Affairs
agreement involved. If not otherwise disclosed as required by Rule 691-5.003, Fla. Admin. Code, the schedule of
expenditures of state financial assistance shall identify expenditures by agreement number for each agreement with the
Department of Elder Affairs in effect during the audit period. Financial reporting packages required under this part must
be submitted within 45 days after delivery of the audit report, but no later than 12 months after the provider's fiscal year
end for local governmental entities. Non-profit or for-profit organizations are required to be submitted within 45 days
after delivery of the audit report, but no later than 9 months after the provider's fiscal year end. Notwithstanding the
applicability of this portion, the Department of Elder Affairs retains all right and obligation to monitor and oversee the
performance of this agreement as outlined throughout this document and pursuant to law.
PART III: REPORT SUBMISSION
Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by
PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised. by or
on behalf of the provider directly to each of the following:
The Department of Elder Affairs at each of the following addresses:
Exhibit B
Page 3 of6
Department of Elder Affairs
Attn: Beverly Friedberg
4040 Esplanade Way Office
Tallahassee, FL 32399-7000
The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by
Sections .320 (d)(l) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at
the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as
revised.
Pursuant to Sections .320(f), OMB Circular A-133, as revised, the provider shall submit a copy of the reporting package
described in Section .320(c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to the
Department of Elder Affairs at each of the following addresses:
Department of Elder Affairs
Attn: Beverly Friedberg
4040 Esplanade Way
Tallahassee, FL 32399-7000
Additionally, copies of financial reporting packages required by Part II of this agreement shall be submitted by or on
behalf of the provider directlv to each of the following:
The Department of Elder Affairs at each of the following addresses:
Department of Elder Affairs
Attn: Beverly Friedberg
4040 Esplanade Way
Tallahassee, FL 32399-7000
The Auditor General's Office at the following address:
State of Florida Auditor General
Claude Pepper Building, Room 574
111 West Madison Street
Tallahassee, Florida 32399-1450
Any reports, management letter, or other information required to be submitted to the Department of Elder Affairs pursuant
to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters
10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as
applicable.
Providers, when submitting financial reporting packages to the Department of Elder Affairs for audits done in accordance
with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
Exhibit B
Page 4 of6
organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to thl
provider in correspondence accompanying the reporting package.
PART IV: RECORD RETENTION
The provider shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of
six years from the date the audit report is issued, and shall allow the Department of Elder Affairs or its designee, the CFO
or Auditor General access to such records upon request. The provider shall ensure that audit working papers are made
available to the Department of Elder Affairs, or its designee, CFO, or Auditor General upon request for a period of six
years from the date the audit report is issued, unless extended in writing by the Department of Elder Affairs.
Exhibit B
Page 5 of6
ATTACHMENT I
1. FEDERAL RESOURCES AWARDED TO THE SUBRECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT
TOTAL FEDERAL AWARD
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT
TO THIS AGREEMENT ARE AS FOLLOWS:
The contractor (recipient) must comply with the applicable provisions of specific law(s), rule(s), or regulation(s).
2. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST
OF THE FOLLOWING:
MATCHING RESOURCES FOR FEDERAL PROGRAMS
PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT
TOTAL FEDERAL AWARD $0
STATE FINANCIAL ASSISTANCE SUBJECT TO Sec. 215.97, F.S.
PROGRAM TITLE FUNDING SOURCE CSFA AMOUNT
Fixed Capital Outlay: Senior Center Grant GR 65.013 $71,497.00
TOTAL AWARD $71,497.00
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO
THIS AGREEMENT ARE AS FOLLOWS:
Exhibit B
Page 60f6
PART I: AUDIT RELATIONSHIP DETERMINATION
Providers who receive state or federal resources mayor may not be subject to the audit requirements of OMB Circular A-133, as
revised, and/or Section 215.97, Fla. Stat. Providers who are determined to be recipients or subrecipients of federal awards and/or state
financial assistance may be subject to the audit requirements if the audit threshold requirements set forth in Part I and/or Part II of
Attachment I are met. Providers who have been determined to be vendors are not subject to the audit requirements of OMB Circular
A-133, as revised, and/or Section 215.97, Fla. Stat. Regardless of whether the audit requirements are met, providers who have been
determined to be recipients or subrecipients of Federal awards and/or state financial assistance, must comply with applicable
programmatic and fiscal compliance requirements.
In accordance with Sec. 210 ofOMB Circular A-133 and/or Rule 691-5.006, FAC, provider has been determined to be:
_ Vendor or exempt entity and not subject to OMB Circular A-133 and/or Section 215.97. F.S.
_L Recipientlsubrecipient subject to OMB Circular A-133 and/or Section 215.97, F.S.
NOTE: If a provider is determined to be a recipient /subrecipient of federal and or state financial assistance and has been approved by
the department to subcontract, they must comply with Section 215.97(7), F.S., and Rule 691-.006(2), FAC [state financial assistance]
and Section _ .400 OMB Circular A-133 [federal awards].
PART II: FISCAL COMPLIANCE REQUIREMENTS
FEDERAL AWARDS OR STATE MATCHING FUNDS ON FEDERAL AWARDS. Providers who receive Federal awards or
state matching funds on Federal awards and who are determined to be a subrecipient. must comply with the following fiscal laws.
rules and regulations:
STATES, LOCAL GOVERNMENTS AND INDIAN TRIBES MUST FOLLOW:
2 CFR Part 225 Cost Principles for State, Local and Indian Tribal Governments (Formerly OMB Circular A-87)*
OMB Circular A-I02 - Administrative Requirements
OMB Circular A-133 - Audit Requirements
Reference Guide for State Expenditures
Other fiscal requirements set forth in program laws. rules and regulations
NON-PROFIT ORGANIZATIONS MUST FOLLOW:
2 CFR Part 230 Cost Principles for Non-Profit Organizations (Formerly OMB Circular A-122 - Cost Principles)*
2 CFR Part 215 Administrative Requirements (Formerly OMB Circular A-II 0 - Administrative Requirements)
Requirements)
OMB Circular A-133 - Audit Requirements
Reference Guide for State Expenditures
Other fiscal requirements set forth in program laws, rules and regulations
EDUCA TIONAL INSTITUTIONS (EVEN IF A PART OF A STATE OR LOCAL GOVERNMENT) MUST
FOLLOW:
2 CFR Part 220 Cost Principles for Educational Institutions OMB (Formerly Circular A-21 - Cost Principles)*
2 CFR Part 215 Administrative Requirements (Formerly OMB Circular A-IIO - Administrative Requirements)
OMB Circular A-133 - Audit Requirements
Reference Guide for State Expenditures
Other fiscal requirements set forth in program laws, rules and regulations
*Some Federal programs may be exempted from compliance with the Cost Principles Circulars as noted in the OMB Circular
A-133 Compliance Supplement, Appendix 1.
STATE FINANCIAL ASSISTANCE. Providers who receive state financial assistance and who are determined to be a
recipient/subrecipient, must comply with the following fiscal laws, rules and regulations:
Section 215.97, Fla. Stat.
Chapter 691-5, Fla. Admin. Code
State Projects Compliance Supplement
Reference Guide for State Expenditures
Other fiscal requirements set forth in program laws, rules and regulations
EXHIBIT "e"
1 of 3
RECEIPTS AND EXPENDITURE REPORT
FIXED CAPITAL OUTLAY
RECIPIENT NAME, ADDRESS, PHONE# and FEID#
Program Funding Source:
This Report Period:
FROM
TO
General Revenue
Contract Period :
Contract #
Report #
CERTI FICA TION: I certify to the best of my knowledge and belief that this report is complete and correct and all the
outlays herein are for the purposes set forth in the above contract.
Prepared by :
Date:
Approved by :
Date:
TOTAL RECEIPTS
1. Approved 2. Actual Receipts 3. Total Receipts 4. Percent of
Contract Budget for this Report Year to Date Approved Budget
0.00 0.00 0.00 #DIV/O!
0.00 0.00 0.00 #DIV/O!
0.00 0.00 0.00 #DIV/O!
0.00 0.00 0.00 #DIV/O!
0.00 0.00 0.00 #DIV/O!
1. Approved Budget 2. Expenditures 3. Expenditures 4. Percent of
For This Report Year to Date Approved Budget
PART A: BUDGETED INCOME! RECEIPTS
1. State Funds..............................................
2. Cash Match........ ................. ......... .............
3. SUBTOTAL: CASH RECEiPTS......................
. Local and In-Kind Match...............................
PART B: EXPENDITURES
(Identify Line Item Categories from Approved Budget)
1. Site Work...... ...... .... ...... ............... ...... .......
2. Interior. ....... .................. ... ....... .... .......... ....
3. Exterior....................................................
4. Fixtures....... .... ... ............ ..... .......... ..... ......
5. Professional Service....................................
6. Other......... ......... ......... ...... ... ....... ....... .....
0.00 0.00 0.00 #DIV/O!
0.00 0.00 0.00 #DIV/O!
0.00 0.00 0.00 #DIV/O!
0.00 0.00 0.00 #DIV/O!
0.00 0.00 0.00 #DIV/O!
0.00 0.00 0.00 #DIV/O!
0.00 0.00 0.00 #DIV/O!
7. TOTAL EXPENDITURES
PART C : OTHER
(For tracking purposes only)
1. Match:
Local In-Kind Match..............................
Cash Match.................... ...... ... ...... .....
0.00 0.00 0.00 #DIV/O!
0.00 0.00 0.00 #DIV/O!
0.00 0.00 0.00 #DIV/O!
0.00 0.00 0.00 #DIV/O!
0.00 0.00 0.00 #DIV/O!
0.00 0.00 0.00 #DIV/O!
2. Advance Recouped.....................................
3. Interest:
Earned on GR Advance.........................
Returned on Gr Advance........................
4. TOTAL OTHER......................................
DOEA form 105f, May 2008
EXHIBIT "e"
2 of 3
REQUEST FOR PAYMENT
FIXED CAPITAL OUTLAY
RECIPIENT NAME, ADDRESS, PHONE# and FEID# PAYMENT REQUEST. This Request Period .
From To
Regular Report #
Supplemental Contract #
Advance Contract Period
CERTIFICATION: I hereby certify that this request conforms with the terms of the above contract.
Prepared by: Date: Approved by: Date:
PARTA: BUDGET SUMMARY FCO
1. Approved Contract Amount S
2. Previous Funds Received for Contract Period S
3. Contract Balance S ..-
4. Previous Funds Requested for Contract Period S I
5. Contract Balance S
PART B: CONTRACT FUNDS REQUEST I
1. Anticipated Cash Needs (Attach Justification) $ I
J
2 Net Expenditures For Month (DOEA Form 105f, Part B Line 7) $
3. TOTAL $
PART C: NET FUNDS REQUESTED I
1 Less Advance Applied $ ._- I
I
$ !
TOTAL FUNDS REQUESTED I
(Part B, Line 3 minus Part C, Line 1) ,
I
DOEA form 106f, May 2008
EXHIBIT "e"
3 of 3
SENIOR CENTERS
STATEMENT OF USE OF FUNDS
Project Name:
Total Project Budget: $
Sr. Center
State
FCO
Funds
Matching
Funds
Other
Non-FCO
Funds
Total
Project
Funds
TYPE AND SOURCE OF FUNDS:
Federal Grant(s)
Other State Funds (i.e.. DCA)
City/County Grant(s)
Senior Centers FCO Grant
Private Contributions/Donations
In-Kind Expenditure Credits
Total Funds Available From All Sources
$
$
$
$
Parking Lot
Walks/Driveways
Awnings/Covered Walkways
inage/Retention Pond
. . cles/Landscaping
Fencing
Sign age
Other (Please Specify)
Total
$
$
$
$
INTERIOR
I nsu I ationlW eatherization
Plumbing
Heating/Air Conditioning
Electrical
Flooring
Masonry
Ceili ng/ Acoustics
Railing/Guards
Elevators
Other (Please Specify)
Total $ - $ - $ - $ -
Form 1 07f FCO Sr Ctr Use of Funds
Exhibit D
Page 1 of 3
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR
PALM BEACH COUNTY COUNTY, FLORIDA
PROPERTY AGAINST WHICH
LIEN PLACED: CITY OF BOYNTON BEACH,
BOYNTON BEACH SENIOR CENTER
LIENHOLDER: STATE OF FLORIDA
DEPARTMENT OF ELDER AFFAIRS
NOTICE OF LIEN
NOTICE IS BERBY GIVEN that the State of Florida, Department of Elder Affairs, pursuant
to applicable Florida Law, does hereby give notice of and assert a lien in the amount of
$71.497.00 against the following described property:
LEGAL DESCRIPTION:
Exhibit D
Page 2 of 3
ALSO DESCRIBED AS:
This lien is asserted pursuant to applicable Florida law and the Memorandum of
Understanding entered into on or about
, 2008, by and between City of
Bovnton Beach. (Recipient) and the State of Florida, Department of Elder Affairs.
Exhibit D
Page 3 of 3
The State of Florida, Department of Elder Affairs, has a financial interest in the above-
described property equal to a pro rata portion of the State's original investment in the
then-fair-market value for renovations, or its proportionate share of the cost of the
construction as compared to the then.fair-market value of the property upon the
completion of the renovations or construction, which interest is in the amount of
$71.497.00 as set out above.
The interest of the State of Florida, Department of Elder Affairs, is to be proportionately
reduced and subsequently vacated of a 20-year period of depreciation unless this lien is
satisfied before that time. As a condition of receipt of State funding for this construction
or renovation, the recipient has agreed pursuant to Section I, Subsection M of the
aforesaid Memorandum of Understanding, that if it disposes of the property before the
interest of the State of Florida, Department of Elder Affairs, is vacated, the recipient will
refund the proportionate share of the State's investment, as adjusted by depreciation.
Dated this _ day of
,2008.
ON BEHALF OF THE STATE OF FLORIDA
DEPARTMENT OF ELDER AFFAIRS
E. Douglas Beach, PhD., Secretary
Department of Elder Affairs
STATE OF FLORIDA
COUNTY OF
Sworn and subscribed before me this _ day of
who is personally known to me.
, 2008, by
NOTARY
THIS DOCUMENT PREPARED BY:
MaryEllen McDonald, Assistant General Counsel
Department of Elder Affairs
4040 Esplanade Way
Tallahassee, FL 32399-7000
SL'1'YOt:>
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VI.-CONSENT AGENDA
ITEM C.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Turned Commission Turned
Meetina Dates in to City Clerk's Otfice Meetina Dates in to City Clerk's Office
D April 15. 2008 March 31. 2008 (Noon) r:8J June 17.2008 June 2. 2008 (Noon)
D May 6. 2008 April 14. 2008 (Noon) D July 1. 2008 June 16. 2008 (Noon)
D May 20. 2008 May 5. 2008 (Noon) D July 15, 2008 June 30. 2008 (Noon)
D June 3, 2008 May 19,2008 (Noon) D August 5, 2008 July 14.2008 (Noon)
NATURE OF
AGENDA ITEM
D Announcements/Presentations
D Administrative
r:8J Consent Agenda
Code Compliance & Legal
D Settlements
D
Legal
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Unfinished Business
Public Hearing
RECOMMENDATION: Staff recommends the adoption of Resolution No. ROB-_
reinstatement of the Affordable Housing Advisory Committee.
EXPLANATION: Florida Statute 420.6015 requires that public and private resources be joined in an effort
to improve existing housing and provide new housing for very low, low. and moderate income
households. The legislature mandates that local governments combines its resources with the use of
lenders, builders and developers, real estate professionals, advocates for low income persons, and
community groups. Local governments must establish an affordable housing advisory committee to
recommend monetary and nonmonetary incentives for affordable housing as provided in s.420.9076.
The City Commission previously formed an advisory committee which has been dormant. This will restart
the process.
PROGRAM IMPACT: The Affordable Housing Advisory Committee is expected to meet triennially, to
review the established policies and procedures, ordinances, land development regulations, and
adopted local government comprehensive plan to recommend specific actions or initiatives to
encourage or facilitate affordable housing while protecting the ability of the property to appreciate in
value.
FISCAL IMPACT:
funding.
The continuance of receiving State Housing Initiatives Partnership (SHIP) Program
ALTERNATIVES:
i
~'l
'~':'-'i . . ..\./ ~~
City Manager's Signature
Assistant to City Manager ~
/~-
City A ttorry / Finance
Depart
Department of Development
Community Improvement Division
Department Name
S:\Community Improvement\Agenda Requests\2008\CC06-17 SHIP Board.doc
RESOLUTION NO. R 08 -
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A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
THE REINSTATEMENT OF THE AFFORDABLE
HOUSING ADVISORY COMMITTEE PER FLORIDA
STATUTES; APPOINTING MEMBERS; DEFINING
TERMS OF MEMBERS OF THE COMMITTEE;
PROVIDING THAT AFFORDABLE HOUSING IS TO BE
DEFINED IN ACCORDANCE WITH THE ADOPTED
LOCAL COMPREHENSIVE PLAN; PROVIDING THAT
THE COMMITTEE SHALL ACT IN ACCORDANCE WITH
SECTION 420.9076, FLORIDA STATUTES AND SHALL
REVIEW ESTABLISHED POLICIES AND PROCEDURES,
ORDINANCES, LAND DEVELOPMENT REGULATIONS,
AND THE COMPREHENSIVE PLAN, AND SHALL
RECOMMEND SPECIFIC INITIATIVES TO ENCOURAGE
OR FACILITATE AFFORDABLE HOUSING WHILE
PROTECTING THE ABILITIY OF PROPERTY TO
APPRECIATE IN VALUE; AND PROVIDING AN
EFFECTIVE DATE.
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WHEREAS, the State Housing Initiative Partnership Act ("Act") provides for the
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establishment of local housing assistance programs; and
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WHEREAS, pursuant to the Act. the City Commission of the City of Boynton Beach,
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Florida ("City") has established a local housing assistance program ("Program") and formed an
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affordable housing advisory committee through the enactment of Ordinance 97-1 J, and any
3 ]
amendments thereto; and
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WHEREAS, pursuant to Section 420.9076, Florida Statutes, the City is required to
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appoint an affordable housing advisory committee to perform the functions and duties outlined in
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said section;
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WHEREAS, Section 420.9076, Florida Statutes and Ordinance 97-11 sets forth the
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functions and duties of the affordable housing advisory committee; and
S\CA\RESO\Affordable Housmg Advisory Committee.doc
- I -
WHEREAS, the City Commission deems it to be in the best interests of the citizens and
2 residents of the City of Boynton Beach to appoint members to the affordable housing advisory
I
3 committee.
4 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
5 CITY OF BOYNTON BEACH, FLORIDA, THAT:
6
Section 1.
The foregoing "WHEREAS" clauses are true and correct and hereby
7 ratified and confirmed by the City Commission.
8
Section 2.
The City Commission of the City of Boynton Beach, Florida, pursuant to
9 the requirements set forth in Section 420.9076, Florida Statutes does hereby appoint the
10 following eleven (11) members to the affordable housing advisory committee:
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(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
CD
(k)
A citizen actively engaged in residential home building-
A citizen actively engaged in banking/mortgage industry - Francis Frances
A citizen that is representative of those areas of labor actively engaged m
affordable home building -
A citizen actively engaged as advocate for low-income persons - Sherry
Johnson
A citizen actively engaged as a for-profit provider of affordable housing - Jeffrey
Wooster
A citizen actively engaged as a not-for-profit provider of affordable housing _
Margaret Johnson
A citizen actively engaged as a real estate professional- Jeanne Heavlin
A citizen actively serving on the local planning agency - Shirley Jaskiewicz
A City Commissioner -
A citizen who represents employers within the City of Boynton Beach _
A citizen who represents essential services personnel- Angela Girtman
S:\CA\RESO\Atfordable Housing Advisory Committee. doc
- 2 -
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Section 3.
The members of the affordable housing advisory committee shall be
5 appointed or removed by a majority vote of the City Commission.
Section 4.
Affordable housing in the City of Boynton Beach IS to be defined 111
6
7 accordance with the adopted local comprehensive plan.
8
Section 5.
The advisory committee shall meet triennially and shall act in accordance
9 with Section 420.9076, Florida Statutes and shall review the established policies and procedures.
10 ordinances, land development regulations, and the City's adopted comprehensive plan and shall
11 recommend specific actions or initiatives to encourage or facilitate affordable housing while
12 protecting the ability of the property to appreciate in value. The recommendations may include
13 the modification or repeal of existing policies, procedures, ordinances, regulations, or plan
14 provisions; the creation of exceptions applicable to affordable housing: or the adoption of nt.
15 policies, procedures, regulations, ordinances, or plan provisions, including recommendations to
] 6 amend the comprehensive plan and corresponding regulations, ordinances and other policies. At
17 a minimum, the advisory committee shall submit a report to the City Commission that includes
18 recommendations on and triennially thereafter evaluates the implementation of, affordable
19 housing incentives.
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Section 6.
That this Resolution will become effective immediately upon passage.
S\CA\RESO\Affordable Housing Advisory Committee. doc
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PASSED AND ADOPTED this _ day of June, 2008.
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ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
S:\CA\RESO\Affordable Housing Advisory Committee.doc
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Woodrow L. Hay
Commissioner - Marlene Ross
- 4 -
420.9076 Adoption of affordable housing incentive strategies; committees.
(1) Each county or eligible municipality participating in the State housing Initiatives Partnership
Program, including a municipality receiving program funds through the county, or an eligible
municipality must, within 12 months after the original adoption of the local housing assistance
plan, amend the plan to include local housing incentive strategies as defined in s. 420.9071(16).
(2) The governing board of a county or municipality shall appoint the members of the affordable
housing advisory committee by resolution. Pursuant to the terms of any interlocal agreement, a
county and municipality may create and jointly appoint an advisory committee to prepare a joint
plan. The ordinance adopted pursuant to s. 420.9072 which creates the advisory committee or the
resolution appointing the advisory committee members must provide for 11 committee members
and their terms. The committee must include:
(a) One citizen who is actively engaged in the residential home building industry in connection
with affordable housing.
(b) One citizen who is actively engaged in the banking or mortgage banking industry in connection
with affordable housing.
(c) One citizen who is a representative of those areas of labor actively engaged in home building in
connection with affordable housing.
(d) One citizen who is actively engaged as an advocate for low-income persons in connection with
affordable housing.
(e) One citizen who is actively engaged as a for-profit provider of affordable housing.
(f) One citizen who is actively engaged as a not-for-profit provider of affordable housing.
(g) One citizen who is actively engaged as a real estate professional in connection with affordable
housing.
(h) One citizen who actively serves on the local planning agency pursuant to s. 163.3174.
(i) One citizen who resides within the jurisdiction of the local governing body making the
appointments.
(j) One citizen who represents employers within the jurisdiction.
(k) One citizen who represents essential services personnel, as defined in the local housing
assistance plan.
If a county or eligible municipality whether due to its small size, the presence of a conflict of
interest by prospective appointees, or other reasonable factor, is unable to appoint a citizen
actively engaged in these activities in connection with affordable housing, a citizen engaged in the
activity without regard to affordable housing may be appointed. Local governments that receive the
minimum allocation under the State housing Initiatives Partnership Program may elect to appoint
an affordable housing advisory committee with fewer than 11 representatives if they are unable to
find representatives who meet the criteria of paragraphs (a)-(k).
(3) All meetings of the advisory committee are public meetings, and all committee records are
public records. Staff, administrative, and facility support to the advisory committee shall be
provided by the appointing county or eligible municipality.
(4) Triennially, the advisory committee shall review the established policies and procedures,
ordinances, land development regulations, and adopted local government comprehensive plan of
the appointing local government and shall recommend specific actions or initiatives to encourage or
facilitate affordable housing while protecting the ability of the property to appreciate in value. The
recommendations may include the modification or repeal of existing policies, procedures,
ordinances, regulations, or plan provisions; the creation of exceptions applicable to affordable
housing; or the adoption of new policies, procedures, regulations, ordinances, or plan provisions,
including recommendations to amend the local government comprehensive plan and corresponding
regulations, ordinances, and other policies. At a minimum, each advisory committee shall submit a
report to the local governing body that includes recommendations on, and triennially thereafter
evaluates the implementation of, affordable housing incentives in the following areas:
(a) The processing of approvals of development orders or permits, as defined in s. 163.3164(7) and
(8), for affordable housing projects is expedited to a greater degree than other projects.
(b) The modification of impact-fee requirements, including reduction or waiver of fees and
alternative methods of fee payment for affordable housing.
(c) The allowance of flexibility in densities for affordable housing.
(d) The reservation of infrastructure capacity for housing for very-low-income persons, low-income
persons, and moderate-income persons.
(e) The allowance of affordable accessory residential units in residential zoning districts.
(f) The reduction of parking and setback requirements for affordable housing.
(g) The allowance of flexible lot configurations, including zero-lot-line configurations for affordable
housing.
(h) The modification of street requirements for affordable housing.
(i) The establishment of a process by which a local government considers, before adoption,
policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing.
(j) The preparation of a printed inventory of locally owned public lands suitable for affordable
housing.
(k) The support of development near transportation hubs and major employment centers and
mixed-use developments.
The advisory committee recommendations may also include other affordable housing incentives
identified by the advisory committee. Local governments that receive the minimum allocation
under the State housing Initiatives Partnership Program shall perform the initial review but may
elect to not perform the triennial review.
(5) The approval by the advisory committee of its local housing incentive strategies
recommendations and its review of local government implementation of previously recommended
strategies must be made by affirmative vote of a majority of the membership of the advisory
committee taken at a public hearing. Notice of the time, date, and place of the public hearing of
the advisory committee to adopt final local housing incentive strategies recommendations must be
published in a newspaper of general paid circulation in the county. The notice must contain a short
and concise summary of the local housing incentives strategies recommendations to be considered
by the advisory committee. The notice must state the public place where a copy of the tentative
advisory committee recommendations can be obtained by interested persons.
S:\Community Improvement\SHIP\2008\FS 420.9076(9).doc
(6) Within 90 days after the date of receipt of the local housing incentive strategies
recommendations from the advisory committee, the governing body of the appointing local
government shall adopt an amendment to its local housing assistance plan to incorporate the local
housing incentive strategies it will implement within its jurisdiction. The amendment must include,
at a minimum, the local housing incentive strategies required under s. 420.9071(16). The local
government must consider the strategies specified in paragraphs (4)(a)-(k) as recommended by
the advisory committee.
(7) The governing board of the county or the eligible municipality shall notify the corporation by
certified mail of its adoption of an amendment of its local housing assistance plan to incorporate
local housing incentive strategies. The notice must include a copy of the approved amended plan.
(a) If the corporation fails to receive timely the approved amended local housing assistance plan
to incorporate local housing incentive strategies, a notice of termination of its share of the local
housing distribution shall be sent by certified mail by the corporation to the affected county or
eligible municipality. The notice of termination must specify a date of termination of the funding if
the affected county or eligible municipality has not adopted an amended local housing assistance
plan to incorporate local housing incentive strategies. If the county or the eligible municipality has
not adopted an amended local housing assistance plan to incorporate local housing incentive
strategies by the termination date specified in the notice of termination, the local distribution share
terminates; and any uncommitted local distribution funds held by the affected county or eligible
municipality in its local housing assistance trust fund shall be transferred to the Local Government
housing Trust Fund to the credit of the corporation to administer the local government housing
program pursuant to s. 420.9078.
(b) If a county fails to timely adopt an amended local housing assistance plan to incorporate local
housing incentive strategies but an eligible municipality receiving a local housing distribution
pursuant to an interlocal agreement within the county does timely adopt an amended local housing
assistance plan to incorporate local housing incentive strategies, the corporation, after receipt of a
notice of termination, shall thereafter distribute directly to the participating eligible municipality its
share calculated in the manner provided in s. 420.9072.
(c) Any county or eligible municipality whose local distribution share has been terminated may
subsequently elect to receive directly its local distribution share by adopting an amended local
housing assistance plan to incorporate local housing incentive strategies in the manner and
according to the procedure provided in this section and by adopting an ordinance in the manner
required in s. 420.9072.
(8) The advisory committee may perform other duties at the request of the local government,
including:
(a) The provision of mentoring services to affordable housing partners including developers,
banking institutions, employers, and others to identify available incentives, assist with applications
for funding requests, and develop partnerships between various parties.
(b) The creation of best practices for the development of affordable housing in the community
(9) The advisory committee shall be cooperatively staffed by the local government department or
division having authority to administer local planning or housing programs to ensure an integrated
approach to the work of the advisory committee.
5: \Community Improvement\SHIP\2008\FS 420.9076(9).doc
Affordable Assistance Housing Committee
-he committee must include:
[a] Citizen actively engaged in residential home building -
[b] Citizen actively engaged in banking/mortgage industry - Francis Frances
[c] Citizen that is representative of those areas of labor actively engaged in affordable
home building -
[d] Citizen actively engaged as advocate for low-income persons - Sherry Johnson
[e] Citizen actively engaged as a for-profit provider of affordable housing - Jeffery
Wooster
[f] Citizen actively engaged as a not-for-profit provider of affordable housing - Margaret
Johnson
[g] Citizen actively engaged as a real estate professional - Jeanne Heavlin
[h] Citizen actively serving on the local planning agency - Shirley Jaskiewicz
.i] A City Commissioner-
[j] Citizen who represents employers within the City Of Boynton Beach -
[k] Citizen who represents essential services personnel - Angela Girtman
S:\Community Improvement\Agenda Requests\2008\CC06-17 SHIP Board Backup.doc
~ ."
ORDINANCE NO. 097-1/
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA PROVIDING
FOR THE ESTABLISHMENT OF A LOCAL HOUSING
ASSISTANCE PROGRAM PURSUANT TO THE
REQUIREMENTS OF THE STATE HOUSING
INITIATIVES PARTNERSHIP ACT; PROVIDING FOR
DEFINITIONS; PROVIDING FOR LEGISLATIVE
INTENT; PROVIDING FOR THE ESTABLISHMENT OF
A LOCAL HOUSING ASSISTANCE PROGRAM TO BE
ADMINISTERED BY THE CITY OF BOYNTON BEACH;
PROVIDING FOR THE IMPLEMENTATION AND
ADMINISTRAITON OF THE PROGRAM AND
PROVIDNG FOR THE CREATION OF AN
AFFORDABLE HOUSING ASSISTANCE TRUST FUND;
AND AN EFFECTIVE DATE.
WHEREAS, the State Housing Initiatives Partnership Act ("Act"), Section
420.907 et seq., Florida Statutes, provides for the establishment of local housing
assistance programs; and
WHEREAS, The City of Boynton Beach, Florida ("City") wishes to provide for
the housing needs of its citizens, and to promote the efficient location, design, and
provision of affordable housing; and
WHEREAS, the City Commission deems it to be in the best interests of the
citizens and residents of the City to establish a local housing assistance program;
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 special part of his
Ordinance.
Section 2. DEFINITIONS.
For the purposes of this Ordinance, the definitions contained in the State
Housing Initiatives Partnership Act hereinafter "the Act", Sections 420.907 et seq.,
Florida Statutes, and Chapter 91-37 of the Florida Administrative Code, as amended
I
I from time to time, are adopted herein by reference.
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Section 3. LEGISLATIVE INTENT.
The purpose of this Ordinance is to implement the Act; including, without the
limitation, the following:
(a) To increase the availability of affordable housing by combining local
resources and cost saving measures, as applicable, and by using private and public
resources to reduce the cost of housing;
(b) To promote more compact urban development, and to assist in achieving
the growth management goals contained in the adopted local comprehensive plan
by allowing more efficient use of land so as to provide housing units that are more
affordable;
(c)To establish a strong sense of community through increased social and
economic integration;
I (d) To build the organizational and technical capacity of community-based
I organizations so as to optimize the role of community-based organizations in the
I production of affordable housing;
I
I (e) To promote innovative design of eligible housing, and its supporting
I infrastructure, to provide for cost savings in the provision of such housing; and
,
I (f) To promote expedited permit processing systems for affordable housing.
II Section 4. ESTABLISHMENT OF LOCAL HOUSING ASSISTANCE
I PROGRAM.
(a) There is hereby created and established a local housing assistance
,I program ("Program") by the City of Boynton Beach, to be implemented and
I administered by the City.
I (b) The City shall implement the Program, within the City, consistently with
the requirements of the Act.
'I (c) The City's Community Redevelopment Department shall be responsible
, for administration of the local assistance program.
Section 5. SPECIAL PROVISIONS. The City hereby indicates that five
(5%) percent of the funding to be used for administration of the program is
insufficient, and therefore elects to utilize ten (10%) percent of the funding for
.
administration purposes.
Section 6. ESTABLISHMENT OF AFFORDABLE HOUSING ASSISTANCE
TRUST FUND.
(a) Pursuant to the requirements of the Act, the City agrees to establish an
affordable housing trust fund ("Fund") within the official and fiscal accounting
records of the City. All monies deposited in the fund shall be subject to the
I requirements of the Act and this Ordinance.
(b) The City shall cause the Fund to be audited, and shall report the results
of such audit as required by the Act.
Section 7. CREATION OF CITIZENS ADVISORY COMMITTEE.
This Ordinance shall cause the creation of a Citizens Advisory Committee to
act in the role of the Affordable Housing Advisory Committee, as required by the
Act. The composition and function of the Committee shall be in accordance with the
requirements of the Act.
Section 8. ADOPTION OF THE AFFORDABLE HOUSING INCENTIVE
PLAN.
The Affordable Housing Local Assistant Plan of the City, adopted by
Resolution No R97 - shall remain in effect and shall act as the Incentive Plan
for the City's program, in accordance with the requirements of the Act.
Section 9. All laws and ordinances applying to the City of Boynton Beach
in conflict with any provisions of this ordinance are hereby repealed.
Section 10. Should any section or provision of this Ordinance or any portion
thereof be declared by a court of competent jurisdiction to be invalid, such decision
, shall not affect the remainder of this Ordinance.
I_ Section 11. In accordance with the requirements of the Act, this Ordinance
I shall become effective thirty (30) days following its adoption.
i
! FIRST READING this /.5 day of April, 1997.
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SECOND, FINAL READING AND PASSAGE this ..L day of May, 1997.
Mayor
Vie ayor
co~~
c4~4-
ommlSSloner
i ATTEST:
.~~J~~.
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Commissioner
~
~
RESOLUTION NO. R97-1as"
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
APPOINTING MEMBERS TO THE AFFORDABLE
HOUSING ADVISORY COMMITTEE PER FLORIDA
STATUTES; DEFINING THE TERMS OF MEMBERS
OF THE COMMITTEE; PROVIDING THAT
AFFORDABLE HOUSING IS TO DEFINED IN
ACCORDANCE WITH THE ADOPTED LOCAL
COMPREHENSIVE PLAN; PROVIDING THAT THE
COMMITTEE SHALL ACT IN ACCORDANCE WITH
SECTION 420.9076, FLORIDA STATUTES AND
SHALL REVIEW ESTABLISHED POLICIES AND
PROCEDURES, ORDINANCES, LAND
DEVELOPMENT REGULATIONS, AND THE
COMPREHENSIVE PLAN, AND SHALL
RECOMMEND SPECIFIC INITIATIVES TO
~NGOURAGE OR FACILITATE AFFORDABLE
HQ\;JSING WHILE PROTECTING THE ABILITY OF
PR@PERTY TO APPRiECIATE IN VAt.UE; AND
PRC)VIDING AN EFFECiflVE DATE.
WHEREAS, the _ 111111 Initiative Partnership Act ("Act")
provides for the establishment of local housing assistance programs; and
WHEREAS, pursuant to the Act, the City Commission of the City of
Boynton Beach, Florida ("City") has established a local housing assistance
program ("Program") and formed an affordable housing advisory committee
through the enactment of Ordinance 097-11, and any amendments thereto;
and
WHEREAS, pursuant to Section 420.9076, Florida Statutes, the City is
required to appoint an affordable housing advisory committee to perform the
functions and duties outlined in said section; and
WHEREAS, Section 420.9076, Florida Statutes and Ordinance 097-
11 sets forth the functions and duties of the affordable housing advisory
committee; and
I'
II WHEREAS, the City Commission deems it to be in the best interests
)' II of the citizens and residents of the City of Boynton Beach to appoint
members to the affordable housing advisory committee.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
II
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II
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F THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
L_
Section 1.
The City Commission of the City of Boynton Beach,
Itemates to the affordable housing assistance committee that was created
hrough the enactment of Ordinance 097-11:
Dale Bailev is an individual actively engaged in the residential home
building industry;
Jeanne Heavilin is an individual actively engaged in the banking or
mortgage banking industry;
Robert Daniels isa representative of those areas of labor engaged
in home building;
Bettv Collins is a citizen designated as an advisor for low income
persons;
AnQelaGirtman is a citizen who is a provider of affordable housing;
Sv Rosenthal is a citizen who is a real estate professional;
Robert Tavlor;
MarQaret Johnson; and
MichaeFCamobell
1.
2.
3.
4.
S.
r-'--,-,7.l 6.
7.
8.
9.
ALTERNATES:
1. Reverend R.M. Lee; and
2. Sarah Williams .
Section 2. That the members and alternates of the affordable housing
advisory committee shall be appointed or removed by a majority vote of the City
Commission.
Section 3. Affordable housing in the City of Boynton Beach is to be
defined in accordance with the adopted local comprehensive plan.
Section 4. The advisory committee shall act in accordance with Section
r-c-:.."
420.9076, Florida Statutes and shall review the established policies and
g'I~
procedures, land development regulations, and adopted local comprehensive
plan of the City of Boynton Beach and shall recommend specific initiatives to
encourage or facilitate affordable housing while protecting the ability of the
property to appreciate in value. The advisory committee shall, at a minimum,
make the recommendations on affordable housing incentives in the areas set
forth in Section 420.9076(4), Florida Statutes.
Section 5. This Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this ~7 day of June, 1997.
ATTEST:
~~
Cit Clerk
I
f
II
CITY OF BOYNTON BEACH, FLORIDA
...~~ t?~
Mayor
~^ -
'-l '-\ ..
Commissioner
VI.-CONSENT AGENDA
ITEM C.3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetine: Dates in to City Clerk's Office Meetine: Dates in to City Clerk's Office
0 April 15,2008 March 31, 2008 (Noon) ~ June 17,2008 June 2, 2008 (Noon)
0 May 6, 2008 April 14, 2008 (Noon) 0 July I, 2008 June 16,2008 (Noon)
0 May 20, 2008 May 5, 2008 (Noon) 0 July 15,2008 June 30, 2008 (Noon)
0 June 3, 2008 May 19,2008 (Noon) 0 August 5, 2008 July 14,2008 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM ~ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION:
A motion to approve, and authorize the City Manager to sign amendment #1 to Task order U07-03-05 with Brown
and Caldwell for additional time and effort by the consultant to develop a Water Supply Facilities Work Order Plan
as required by the South Florida Water Management District resulting in the additional cost of $9,980.00. The
original Task order to Brown and Caldwell was issued on December 9, 2007 in the amount of: $21,690.00. Therefore
the total expenditure is $31,670.00.
EXPLANATION:
The South Florida Water Management District (SFWMD) recently modified it rules so as to require each water
supplier to develop a Water Supply Facilities Work Plan within 18 months of the date that the Lower East Coast
Water Supply Plan was approved by the District. The Work Plan was subsequently developed, and been reviewed by
SFWMD staff multiple times, with each review generating additional comments and the need for revisions. As the
Work Plan is a first-time endeavor it has experienced a certain amount of adjustment and interpretation by District
staff, as is true with most first time endeavors. In the original task order estimates, the need for three revisions and
multiple meeting with District staff were not anticipated, and caused an overrun on time and effort by the consultant,
resulting in the additional cost of $9,980 for amendment no. 1. The initial task order approved the amount of $21,690.
The Water Supply Work Plan will become a portion of the City's Comprehensive Planning documentation in the
development of future potable water supply and treatment facilities that will soon be forwarded to the Florida
Department of Community Affairs for review and comment. Time was therefore of the essence in completing this
document for City and State review
PROGRAM IMP ACT:
The Water Supply Work Plan will assist in defining the means by which the City will meet its potable water demands
over the next ten years.
FISCAL IMP ACT:
Total financial commitment of $31,670, available in account no. 403-5000-590-96-10 (project WTROI7)
ALTERNATIVES:
None. This is a mandated requirement.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
&r~ rJ-k~~
Department Head's Signature
.5,;{,Io~
~. )
.--l "_ I"
. - '. ./tA-" X c~ l~---, ~--
. City Manager's Signature
~'~ :~to ~i~ Manager ~
'" ~1. -
~~/~ ..
City Attprney / Finance
UTILITIES
~~
rocure e t ervices
XC: Peter Mazzella (w/copy of attachments)
Barbara Conboy
City Attorney
File
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORMDOC
1 RESOLUTION NO. R08-
2
3 A RESOLUTION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AUTHORIZING THE CITY
5 MANAGER TO EXECUTE TASK ORDER NO. U07-03-
6 05 AND AMENDMENT NO. 1 IN THE AMOUNT OF
7 $31,670.00 WITH BROWN AND CALDWELL, TO
8 DEVELOP A WATER SUPPL Y FACILITIES WORK
9 PLAN; AND PROVIDING AN EFFECTIVE DATE.
10
11
12 WHEREAS, the South Florida Water Management District recently modified its
13 rules so as to require each water supplier to develop a Water Supply Facilities Work Plan
14 within 18 months of the date that the Lower East Coast Water Supply Plan was approved by
15 the District; and
16 WHEREAS, the City's Work Plan has been developed and reviewed multiple times
17 by the South Florida Water Management District Staff which generated additional comments
18 and need for revisions to the City's Plan; and
19 WHEREAS, in the original Task Order estimates the need for three revisions and
20 multiple meetings with District staff were not anticipated and caused an overrun on time and
21 effort by Brown and Caldwell; and
22 WHEREAS, the City Commission of the City of Boynton Beach upon
23 recommendation of staff, deems it to be in the best interest of the citizens of the City of
24 Boynton Beach to authorize execution of Task Order U07-03-05 and Amendment No.1 in
25 the amount of $31 ,670.00 with Brown and Caldwell.
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
S:\CA\RESOlAgreements\Task - Change Orders\Brown and Caldwell U07 -03-05 (Water Supply).doc
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
2 being true and correct and are hereby made a specific part of this Resolution upon adoption
3 hereof.
4
Section 2.
The City Commission of the City of Boynton Beach, Florida does
5 hereby authorize and direct the approval and execution by the City Manager of Task Order
6 U07-03-05 and Amendment No.1 in the amount of $31 ,670.00 with Brown and CaldwelL to
7 develop a Water Supply Facilities Work Plan as required by the South Florida Water
8 Management District, a copy of which is attached hereto as Exhibit "A".
9
Section 3.
This Resolution shall become effective immediately upon passage.
1 0 PASSED AND ADOPTED this
day of June. 2008.
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28 ATTEST:
29
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31 Janet M. Prainito, CMC
32 City Clerk
33
34
35 (Corporate Seal)
CITY OF BOYNTON BEACH. FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Woodrow L. Hay
Commissioner - Marlene Ross
S.\CA\RESOlAgreementsITask - Change OrderslBrown and Caldwell U07-03-05 (Water Supply) doc
2
H j~ r) ,\ '\ ,c",
( : i J I,l, . L L
Task Order #U07-03-05
Preparation of a 10-Year
Water Supply Facilities Work Plan
To Update the City's Comprehensive Plan
Amendment 1
SECTION 1 - BACKGROUND
The City of Boynton Beach is required by the Florida Department of Community Affairs
(DCA) to update its Comprehensive Plan with information describing existing and future
water supply facilities and water demand. The goal of this document will be to ensure
that the City is planning for future potable demand and is considering future water
supplies in a manner that is consistent with the South Florida Water Management
District's (SFWMD) Lower East Coast Water Supply Plan (2006). The document
prepared as part of this project will be reviewed by the SFWMD and then submitted to
DCA as part of the Utilities Element update to the City's Comprehensive Plan.
Brown and Caldwell was authorized under Task Order #U07 -03-05 to prepare the 10-
Year Water Supply Facilities Work plan on January 15,2008.
SECTION 2 - SCOPE OF WORK
This Section addresses additional work that was conducted for the City in preparation of
the 10 -Year Water Facilities Work Plan that was beyond the original Scope of Work
(Scope). For the original scope of work included in Task Order #07-03-05, Brown and
Caldwell followed the guidelines included in A Guide for Local Governments in
Preparing Water Supply Comprehensive Plan Amendments and Water Supply
Facilities Work plans (Florida Department of Community Affairs, September 2007).
This work plan provided a guideline for the preparation of this report. In addition, the
South Florida Water Management District and the City's Planning and Zoning Division
have requested additional information that was beyond the original scope of work. This
Amendment provides for additional services provided by Brown and Caldwell.
I
Task 1 - Additional Work
The following additional services were provided during the preparation of the 10- Year
Water Facilities Supply Plan that were beyond the scope of work outlined in Task Order
#U07-03-05:
. Developed figure illustrating proposed re-use system (unavailable from city)
. Addressed two sets of comments from Barbara Powell (South Florida Water
Management District)
. Prepared electronic version (composite .pdf) of original report submitted on
February 26, 2008
. Prepared second draft report addressing City and SFWMD comments - 3 copies
of the report submitted on March 14, 2008.
. Prepared third draft addressing City and SFWMD comments - 3 copies of report
submitted on April 4, 208.
. Attended meetings with City 1/17,2/26,3/05,3/14,4/02 and 4/09.
. Provided information to and addressed questions from Planning and Zoning
Division (during March and April)
. Project ran over estimated schedule by 6 weeks due to negotiations between City
Planning and Zoning Division and SFWMD over population numbers and usage
break-downs for Ocean Ridge, Briny Breezes, Hypoluxo and unincorporated
Palm Beach County and issues related to incorporating the document into the
City's Comprehensive Plan.
SECTION 2 - PROJECT SCHEDULE
This project is considered complete with the submission of the final report dated April 10,
2008. Despite its conclusion, Brown and Caldwell staff continue to provide assistance to the
City's Planning and Zoning Division staff.
SECTION 3 - COMPENSATION
Compensation for services rendered under this Amendment 1 to Task Order U07-03-05
will be in a Lump Sum Fee of $9,980, in accordance with terms and conditions defined in
the Professional Services Agreement dated November 18,2003, and as revised from time
to time. A single invoice will reconcile the project overage.
Task 3 - Additional Services
$9,980
Total Lump Sum Fee
$9,980
!
SECTION 4- AUTHORIZATION
APPROVED BY:
CITY OF BOYNTON BEACH
DA TED this
CITY OF BOYNTON BEACH
Kurt Bressner
City Manager
Attest / Authenticated:
City Clerk
Approved as to Form:
Office of the City Attorney
day of
3
,2008
Brown and Caldwell, Inc.
r'?1~~ uJ~
Ronald M. Ash, P.E.
Vice President
Attest / Authenticated:
Secretary / Notary
Task Order U07-03-05
Amendment 1
Cost Summary
Olson, Richard Client Services Manager $ 195.00 32 $ 6,240.00
Carimbocus, Alicia Hydrogeologist $ 95.00 24 $ 2,280.00
Chadwick, Michelle Senior Administrative Support $ 85.00 16 $ 1,360.00
Total Labor $ 9,880.00
Expenses
Reprographics $ 1 00.00
Total Expenses $ 100.00
Total Amendment 1 $ 9,980.00
VI.-CONSENT AGENDA
ITEM C.4.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City Commission Date Final Form Must be
Commission Meetina Dates Turned in to City Clerk's Office Meetina Dates Turned in to City Clerk's Office
0 April 15, 2008 March 31, 2008 (Noon) IZI June 17, 2008 June 2, 2008 (Noon)
0 May 6, 2008 April 14, 2008 (Noon) 0 July 1, 2008 June 16, 2008 (Noon)
0 May 20, 2008 May 5, 2008 (Noon) 0 July 15, 2008 June 30, 2008 (Noon)
0 June 3, 2008 May 19, 2008 (Noon) 0 August 5, 2008 July 14, 2008 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM IZI Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Authorize amendment to Rule #19 of the Cemetery Rules & Regulations to correct
language to reflect the fee for staff time would be charged if services extend beyond the normal work schedule.
EXPLANATION: At a Cemetery Board meeting on April 10, 2008, the Recreation & Parks Department
recommended this change as a result of the ratification of the new Collective Bargaining Unit Agreement for Blue
Collar Workers that requires the Cemetery crew to end their workday at 3:00 p.m.
The language currently existing in Rule #19 states that "Services that extend beyond 3:30 p.m. shall be charged
for staff time according to the rate chart on file in the City Clerk's Office." If we maintain that schedule, overtime
charges would be incurred for 30 minutes. The current fees for services that extend beyond the normal workday
would remain at the current rate of $225. The board members unanimously approved a motion to recommend
the above language amendment to Rule #19.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES: The alternative would be not to approve the language change as recommended;
however, overtime charges would be incurred for the 30 minutes from 3:00 p.m. (end or normal workday) and
3:30 p.m. when the $225 fee would go into effect.
.~ 7
. ~ ,\.."- ,;:f..~t l'~ :~~
. City Manager's Signature
As~t to City Manager ~ ./
~ttor~ey / Finance
City Clerk's Office
S:\CC\WP\CEMETERy\Agenda Item Requests\Agenda Item Request - June 17, 2008 - Rule #19 Change.doc
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RESOLUTION NO. 08-
A RESOLUTION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AMENDING RULE #19 OF
THE CEMETERY RULES & REGULATIONS;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Cemetery Board is desirous of correcting the language to reflect
9
the fee for staff time that would be charged if services extend beyond the normal work
10
schedule; and
11
WHEREAS, upon recommendation from the Cemetery Board, the City
12
Commission has determined that it shall revise Rule #19 of the Rules and Regulations of
13
the Cemetery, a copy of which is attached hereto as Exhibit "A".
14
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
15
OF THE CITY OF BOYNTON BEACH, FLORIDA THAT:
16
Section 1.
Each Whereas clause set forth above is hereby ratified as being
17
true and correct and incorporated herein by this reference.
18
Section 2.
The City Commission of the City of Boynton Beach, Florida,
19
amends Rule # 19 of the Rules and Regulations of the Cemetery Board as attached hereto
20
as Exhibit "A".
21
Section 3.
This Resolution shall take effect immediately upon passage.
22
{REMAINDER OF PAGE INTENTIONALLY LEFT BLANK}
S:\CA\RESOlAdministrative\Cemetery R&R - Amend Rule #19.doc
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PASSED AND ADOPTED this _ day of June, 2008.
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CITY OF BOYNTON BEACH, FLORIDA
+
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Woodrow L. Hay
Commissioner - Marlene Ross
ATTEST:
Janet M. Prainito, CMC
City Clerk
(City Seal)
S:\CA\RESOlAdministrative\Cemetery R&R - Amend Rule #19.doc
NOTICE TO LOT OWNERS IN BOYNTON BEACH MUNICIPAL CEMETERIES
Rules and Regulations Amended NOVEMBER 13. 2007 BY R07 -131
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 able to 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.
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S:\CC\Wr\CE~1ETERY\CE~1ETERY RULES\RULES\2007\Cemetery Rule~ Adopted with R07 131 11 13 07-oBeE
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.
I 19. Services that extend p3St 3: 30 p. m beyond the normal workday shall be charged for staff time
according to the rate chart on file in the City Clerk's Office.
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S:\CC\\Nr\CE~1ETERY\CE~1ETERY RULES\RULES\2007\Cemetery Rules Adopted with R07 131 11 13 07.doc
MAUSOLEUM
1-M. Mausoleum Crypts or Niches - Prior to inurnmentlentombment, 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 inurnmentlentombment, 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 disinurnmentldisentombment has occurred and implemented by the proper authorities. The City
may not offer these crypts or niches for sale until the termination of the contract with Boynton Beach
Mausoleum, Inc.
No disinurnmentldisentombment shall be allowed except by the consent of the Board of Governors
following written request by the owner or owners of the cryptlniche and in every case shall only be
made by the proper authorities.
(NOTE: Authorized disinurnmentldisentombment 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 inscription 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.
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S:\CC\Wr\CE~1ETERY\CE~1ETEn.Y RULES\RULES\2007\Cemetery Rule:; ^dopted with R07 131 11 13 07.doc
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 manner which 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\Cemeterv Rules - Rule Chanqe - Rule #19 - 06-17-08 Meeting.doc
S:\CC\WP\CH1ETERY\CE~1ETERY RULES\RULES\2007\Cemetery Rule::; Adopted .....ith R07 131 11 13 07.doc
VI.-CONSENT AGENDA
ITEM C.5
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVl
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 April 15, 2008 March 31, 2008 (Noon) C8J June 17,2008 June 2, 2008 (Noon)
0 May 6, 2008 April 14, 2008 (Noon) 0 July I, 2008 June 16,2008 (Noon)
D May 20, 2008 May 5, 2008 (Noon) 0 July 15,2008 June 30, 2008 (Noon)
D June 3,2008 May 19,2008 (Noon) D August 5, 2008 July 14,2008 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM C8J Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION:
I. Review current Substantial Date of Completion of the Library construction project;
2. Approve Change Order #21 approving certain cost escalations in the amount of $252,518.00.
3. Approve a revised Library construction contract award amount to Sessoms Construction in the amount of
$6,876,702.69 +$252,518.00 plus a contingency amount of $175,000 for a total amount of $7,304,220.69.
EXPLANATION:
1. Substantial Date of Completion
At its August 7, 2007 meeting, the City Commission approved Change Order #10 for the Library construction contract with
Sessoms Construction. This change order specifically modified the Substantial Completion date ofthe contract to Ju]y 13,
2007. This date was derived based upon negotiations with the contractor. In the agenda item for that meeting (attached), staff
specifically commented that Sessoms believed they were entitled to additional time delay yet they had not provided
documentation to support their claim. Documentation/requests to support additional time delay up to the August 7
Commission meeting have been submitted as of this date but have not been approved by City staff or the architect. There
haye been additional requests for delay submitted by the contractor since that time. Staff and the architect are now reviewing
these claims. We believe some claims for delay may be justified and will be consider during continued negotiation with the
contractor. Same claims for cost escalation are included in Item #2, below.
As noted last August, the date of Substantial Completion is a very important factor. Contractor claims for cost escalations are
all based upon time delay. We are continuing to receive contract cost escalation requests from the contractor. However, we
have not approved a number of these requests because we must first determine the date of Substantial Completion. This date
will allow us to determine if the time delay, and associated increased costs, are the result of changed contract conditions and
hence no fault of the contractor or determine if the increased costs are a result of poor project management and job
progression and should therefore be borne by the contractor and not the City. These costs too will be subject to future
negotiation with the contractor once the date of Substantial Completion is agreed upon with the contractor. City Legal Staff
have already been part of these discussions with the contractor.
SIBULLETINIFORMS\AGENDA ITEM REQUEST FORM DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
2. Change Order #21, Cost Escalations, $252,518.00
Because of the extended timeframe for the work, certain construction trades have requested cost escalations to compensate for
their work. Staff believes these premises of the escalations to be reasonable. However, as noted in Item #1, Substantial Date
of Completion, the City and Sessoms have yet to discern who is completely responsible for these cost escalations. Both the
City and Sessoms acknowledge that each party bears some responsibility for the project delay however as of this writing, the
parties have yet to agree to the limits of each party's culpability. Despite the lack of agreement in the matter related to time,
subcontractors must now perform the work in order for the project to proceed to completion in the next three months or so.
We recognize that these subcontractors must be properly compensated. Therefore, at staff's suggestion, City Legal Counsel
has prepared an Amendment to the Construction Contract that will ratifY Change Order #21 yet reserve all rights to claims and
del'enses to such claims that may result of approval of this change order. At the last minute the contractor submitted cost
escalation in the amount of$140,000.00 for drywall and $30,000,00. for stucco. Staff has not had the opportunity to review
these to the same degree as other items such as electrical. Therefore by including these two items in the change order and
combined with the fact that the City continues to reserve all rights it is likely that the final compensation for these items will
be reduced, particularly after negotiations with the contractor. Staff recommends that Change Order #21 and the associated
agreement to amend the contract be approved by the City Commission. This provides for a new contract amount of
S7.129220.69.
3. Contract Contingency Provisions. New contract amount of $7,304.220.69
Costs for the work NOT related to delay continue to arise. These costs are related to changed conditions on the plans,
particularly where the renovation is involved. We are finding that as we demolish portions of the old Library structure.
conditions are not as expected. Many changed conditions could not be reasonably anticipated on the architect's bid
documents.
Last August, the City Commission approved an additional $200,000 contingency for the Library project yielding a total
anticipated project cost of $6,91 0,717.95. As of May 29, 2008 staff has approved change orders utilizing the approved
contingency yielding a project cost of$6,876,702.69, less than Commission approved amountof$6,910,717.95. If approved,
Item #2 above in the amount of $252,518.00 brings the approved contract by change order to $7,129,220.69.
A brief summary of change orders approved since August of 2007 is as follows:
!! 12 Meter and Backflow location
:; 12 Replace beam detectors with smoke
detectors
12 Tern ora
Interior Si na e
"12 Exterior Si na e
Backflow reventer
13 Elevator Code chanoes
;: 14 Remove GFI outlets in toilet rooms
'14 Thermostat and Ii ohts in elevator it
A roved Amount
$6,710,717.95
$46,714.00
$404.00
$848.00
$5,520,96
$9,125.00
$8,922.00
$618.00
$9,347.00
Justification
$4,968.82
$11,667.00
I
-------j
j
$159.00
$178.00
$1,492.00
$3,930.00
$336.00
$130.00
$4,991.00
Material
Material rice increase
Device not shown on Ian
New code since contract biddin and award
~--------j
I Staff request. Did not want outlets at sink vanities
I New code since contract bidding and award ......
..,lll'llYJlN\FORMS'AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
#14 Carpet Storage $774.00 Final carpet storage invoice
#15 Asphalt Paving $2,556.00 Material price increase
#15 Revised Layout of Civic Center Lot $3,557.00 Plan grades incorrect
#15 Delete Seacrest Driveway ($1,665.00) Credit to contract
#]5 Delete paving subbase Civic Center ($5,509.00) Credit to contract
# 16 Replace failed light pole base, $3,611.00 Existing base was too small to accommodate new
I mobilization light pole fixture. Contractor remobilized crane.
# 16 Delete Rolling grille motors ($750.00) Credit to contract
# 16 Delete old water main removal ($290.00) Credit to contract
# ] 7 Change roof fastening system $31,558.00 Pull tests on old Library roof showed many failed
areas. Required enhanced fasting of new material.
#18 Environmental Remediation $13,251.00 Demolition exposed mold in old building
#19 Elevator Re-inspection fee $1,591.00 Although paid, City staff is disputing this. Final
resolution at contract closeout.
#20 Roof expansion joint blocking $7,950.00 Demolition of old building exposed old roof
expansion joint that was in disrepair. New joint will
validate new roofwarrantv when complete.
Contract amount May 29,2008 $6,876,702.69
However, costs are quickly approaching the approved contingency amount of $6,910,717.95 approved last year and, as
noted, changed conditions continue to arise, particularly where related to unknown conditions in the existing structure.
Furthermore, staff has identified mold remediation costs in the old structure that were, in many locations, long standing
problems that were not made readily apparent until demolition began. Many of the mold remediation and monitoring costs are
being borne by the City separate from the construction contract with Sessoms Construction. Portions of the costs for this
work (est. $50k) will be identified separately from this contract in the Capital Improvement Plan as are a number of interim
landscape improvements placed by staff prior to opening Phase I.
Staff therefore requests that the City Commission provide an additional $175,000 contingency to the current amount through
Change Order #21 of $7,129,220.69 yielding a total amount of$7,304,220.69
PROGRAM IMPACT: Completion of the Library construction project.
FISCAL IMP ACT: Sufficient funds have been placed into the FY 2008/09 Capital Improvement Plan to fund this work.
Furthermore, sufficient funds have been reserved to pay for final contract cost, assuming negotiations proceed in a positive
manner.
AL TERN A TIVES: The City Commission could choose to review each change order, regardless of the dollar amount, that
causes the total project amount to exceed $6,910,717.95, the previously approved amount. This procedure will require that
work associated with necessary future contract amendments not proceed until such time that the Commission either approves
or rejects the proposed contract change.
&-fH4 ~' .jl
If, ?0P::
me~ead's Sig~ure
~i;;"
,; M- i ;l i.-~-i~/L-L
'-' City Manager's Signature
7ltb~c Uodri
Department Name
A~ant to ~ty Mager .
"C
City Attorney Finance
SIBLiLLETINIFORMS\AGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION NO. R08-
2
3 A RESOLUTION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AUTHORIZING CHANGE ORDER
5 #21 WITH SESSOMS CONSTRUCTION FOR THE
6 BOYNTON BEACH LIBRARY PROJECT; REVISING
7 THE CONTRACTUAL DATE OF SUBSTANTIAL
8 COMPLETION OF THE WORK; APPROVING A
9 REVISED CONTRACT A WARD IN THE AMOUNT OF
10 $7,129,220.69 PLUS A CONTINGENCY OF $175,000.00
11 FOR A TOTAL CONTRACT AMOUNT OF
12 $7,304,220.69; AND PROVIDING AN EFFECTIVE
13 DATE.
14
15 WHEREAS, the date of Substantial Completion of the Library remain July 13.2007:
16 and
17 WHEREAS, staff requests that the City Commission amend the awarded contract
18 amount according to Change Order 21 in the amount of $7.129,220.69; and
19 WHEREAS, staff recommends that the City Commission authorize a construction
20 contingency amount of$175,000.00 yielding a contract amount not to exceed $7,304,220.69
21 WHEREAS, the City of Boynton Beach has reviewed Change Order #21 and has
22 determined that the contract changes set forth therein are both necessary and appropriate.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
26 being true and correct and are hereby made a specific part of this Resolution upon adoption
27 hereof.
28
Section 2.
The City Commission of the City of Boynton Beach, Florida does
29 hereby authorize and direct the approval and execution of Change Order #21 keeping the
30 date of Substantial Completion as July 13, 2007, and revising the contract award amount to
S:\CA\RESO\CHANGE ORDERS\Library Project CO 21.doc
'I
Sessoms Construction in the amount of $7,129,220.69, plus a contingency amount of
2 $175,000.00 for a total contract amount of $7,304,220.69, a copy of which is attached hereto
3 as Exhibit "A".
4
Section 3.
This Resolution shall become effective immediately upon passage.
5
PASSED AND ADOPTED this _ day of June, 2008.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22 ATTEST:
23
24
25 Janet M. Prainito, CMC
26 City Clerk
27
28
29 (Corporate Seal)
30
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Woodrow L. Hay
Commissioner - Marlene Ross
S:\CA\RESO\CHANGE ORDERS\Library Project CO 21.doc
..AlA Document G70f' - 2001
Change Order
PROJECT (Name and address):
Boynton Beach Library
208 South Scacrest Blvd.
Boynton Beach, FL 33435
TO CONTRACTOR (Name and address):
Sessoms Construction
1425 B South 30th Avenue
Hollywood, FL 33020
CHANGE ORDER NUMBER: 021
DATE: June 06, 2008
OWNER: [8J
ARCHITECT: [8J
CONTRACTOR: IZl
FIELD: 0
OTHER: 0
ARCHITECT'S PROJECT NUMBER: 0320802
CONTRACT DATE: May 04, 2005
CONTRACT FOR: General Construction
THE CONTRACT IS CHANGED AS FOLLOWS:
(Include, where applicable, any IIndisputed amollllt allriblltabie to pre\'iously executed COllstmctioll Change Directil'es)
Add the following Cost Escalations:
]. Plumbing Escalation (RCO 87).....................$ 32,000.00
2. Electrical Escalations to 2008 (RCO 94)......$ 39,778.00
3. Folding Door Cost Escalation (RCO 104).....$ 594.00
4. Fire Protection Cost Escalation (Reo 114)...$ 9,284.00
5.Fire Protection Cost Escalation (RCO 124)....$ 862.00
6.Drywall Cost Escalation..................................SI40,000.00
7.Stucco Cost Escalation....................................$ 30,000.00
Total:....... ......... ............. .................... ............... ..$252,518.00
Owner will reduce retainage from 5% to 3% of the Project.
Contractor agrees to Amendment One of the Contract(attached)
The original Contract Sum was
lbe net change by previously authorized Change Orders
The Contract Sum prior to this Change Order was
The Contract Sum will be increased by this Change Order in the amount of
'llle new Contract Sum including this Change Order will be
The Contract Time will be unchanged by Zero ( 0 ) days.
TIlc date of Substantial Complelion as of the date of this Change Order therefore is July 18, 2997
$
$
$
S
$
5,727,485.00
1,149,217.69
6,876,702.69
252,518.00
7,129,220.69
NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which
have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and
Contractor, in which case a Change Order is executed to supersede the Construction Change Directive.
NOT VALID UNTIL SIGNED BYTHE ARCHITECT, CONTRACTOR AND OWNER.
SchenkelShultz Architecture
ARCHITECT (Firl1lllame)
1300 N. Congress Avenue, West Palm
Beach, FL 33409
ADDRESS
Sessoms Construction
CONTRACTOR (Fil7nllame)
7485 Davie Rd. Ext., Hollywood, FL
33024
ADDRESS
City of Boynton Beach
OWNER (Fil7nllal1le)
208 South Seacrcst Blvd., Bounton Beach,
FL 33435
ADDRESS
BY (Signaftlre)
Lee Sessoms
(T)ped name)
BY (Signalllre)
BY (Signature)
Samuel J. Ferreri, AlA
(Typed name)
(Typed name)
DATE
DATE
DATE
AlA Document G701TV - 2001. Copyright @ 1979, 1987, :1000 and 200t by The American Institute of Architects. All rlghte reserved. WARNING: This AlA"
Document Is protected by U.S. Copyright Law and Internallonal Treaties. Unauthorized reproduction or dlslrlbullon 01 this AlA- Oocument, or any
portion of It, may result In severe clvlt and criminal penalties, end will be prosecuted to the maximum extenl possible under the law, This document
was produced by AlA software at 11 :33:28 on 0610612008 under Order No.1 000345790_1 which expires on 212812009, and is not for resaJe.
User Notes: (61682212)
AMENDMENT TO CONSTRUCTION CONTRACT
This Amendment dated the _ day of June, 2008 to that certain Construction
Contract dated September 21, 2004 by and between the City of Boynton Beach, a
municipal corporation of Florida, hereinafter called the "CITY" and Sessoms
Construction Company., hereinafter called "SESSOMS".
WHEREAS, on or about AprilS, 2005, CITY and SESSOMS entered into a
Contract for Construction Services to expand and remodel the Library, Bid No. 017-
2610/04CJD; Project NO. CP0408 ("Contract"); and
WHEREAS, the project is not complete and a dispute exists between the CITY
and SESSOMS relative to SESSOMS' claim for additional compensation and extensions
of time to complete the project which has interfered with the parties' ability to complete
the Contract; and
WHEREAS, the parties desire to facilitate the completion of the Project, while
reserving any and all rights either party may have under the Contract; and
NOW THEREFORE, in consideration of the mutual promises, undertakings and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
1. The aforementioned "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct.
2. This Agreement is entered into with a full reservation and without
prejudice to any right either party may have under the Contract or as otherwise provided
in law or equity.
3. The parties will execute the AIA Document G701-2001 Change Order
Noll , a copy of which is attached hereto as Exhibit "A." The Engineer's certificate is
without prejudice to any and all rights the CITY may have in accordance with the
Contract. The Engineer's certificate merely establishes that SESSOMS has satisfied the
technical requirements of the Contract. Engineer has certified to the CITY that the
quantities are accurate. The CITY's payment to SESSOMS in accordance with the
Change Order, is without prejudice to the CITY's rights under the Contract and otherwise
as provided for by law or in equity.
4. In executing this Amendment to Construction Contract, SESSOMS and
CITY reserve all rights to claims and defenses to such claims not previously waived
pursuant to the Contract or otherwise by law or in equity, and the parties agree that the
execution of this agreement or the execution of Exhibit "A" above shall not act as a
waiver of any such claim, right or defense.
Page 1 of3
5. To the extent not amended herein, the Contract documents remain in full
force and effect.
CITY
ATTEST:
BY:
GERALD TAYLOR, MAYOR
JANET PRAINITO, CITY CLERK
APPROVED AS TO FORM.
KERRY L. EZROL, ASSISTANT CITY ATTORNEY
WITNESSES:
CONTRACTOR
Sessoms Construction Company
BY:
(Print Name)
(Print Name and Title)
(Print Name)
ATTEST:
SECRETARY
STATE OF FLORIDA )
)SS
COUNTY OF )
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared as
of Sessoms Construction Company and acknowledged they executed the foregoing
Page 2 of3
Agreement as the proper official of CONSULTANT, for the use and purposes mentioned in
it and that the instrument is the act and deed of CONSULTANT.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in
the State and County aforesaid on this _ day of , 2008.
My Commission Expires:
NOTARY PUBLIC
H:\2007\070285\Sessoms Construction Company Amendment.doc
Page 3 of3
ATTACHMENT
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VI.-CONSENT AGENDA
ITEM C.7.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FO&"\1
Requested CIt) COm;1l1SS10n
Meetmg Dates
Date Final Form Must be Tu:ned
in to City Clerk's Office
Requested Clly Commlssion
Meeting Dates
Date Final FOITn \.1 ust be ':J:lle.J
m to CJlV Clerk's Off1Ct
~ Apnl: i, 2007
April 2, 2007 (Noon.)
, , June 19,200"
Ju:-,:e':;. 200'; (NDO;]
n M3) 1,2007
April ]6,2007 (Noon)
o July 3, 2007
June 18,2007 O"oon\
May 14,2007 (Noon)
o July 17,2007
[g) August 7,2007
July 2, 2007 ("Joon)
:.....J \13\ IS, 2007
April 30, 2007 (Noon]
[J June 51 2007
.lull' 16, 2007 ("oonl
0 AnnoW1cements/Pre senta ti ons 0 CIty Manager's Report
!\ATURE OF D Administrative 0 Nevi' Business
AGENDA ITEM L3J Consent Agenda D Legal
D Code Compliance & Legal Settlements 0 Unfmished Business
D Public Hearing D
RECOMMEJ'I,'DATION: Approve Library Change Order #10 wherein the current contractual date of Substantial
Completion of the work is revised to July 13, 2007 and also approve a revised contract award amount to Sessoms
Construction in the amount of $6,710,717 .95 plus a contingency amoW1t of$200,000 for a total contract amount of
S6,910,717.95.
EXPLA....l\' A TION: Due to recent staffing changes in the City, the Public Works Deparnnent was recently assigned project
management responsihility for the Library construction project. Since this change, the Engineering Division of Public Works
has been intimately involved in existing contract administration as well as addressing a large number of outstanding issues and
changes that had been unresolved for some time.
Date of Substantial Completion
Most notably, the Library project has experienced a frustratingly long duration. Immediately, Staff began workmg
towards determination of the most current contractual date of Substantial Completion, After two days of negotiations
with the contractor and architect, the recommended time extension for this contract suggests a revised date 0:-
Substantlal Completion of July 13, 2007. The contractor continues however, to opine that the date of substantial
completion should be far later than July 13. We have advised the contractor that he has not provided satisfactorv
documentation to justify his claim.
fhe date of Substantial Completion is a very important date that is used to determine and calculate various contract
elements. For example, liquidated damages for delayed completion can only be assessed for those days where
completion of the work is after the date of contract Substantial Completion. In this scenario, the contractor wlll
techmcally be assessed liquidated damages in the amount of$500 per calendar day as of July 13,2007 if the Clty
Commission approves this Change Order. However, also note that the revised date of Substantial requires certam
additional payments for overhead and other general contract conditions as well as additional City compensatlon to
the project architect for their technical support far beyond the original contract completion. These costs will now be
calculated and approved in a future change orders by staff.
Contract Contin2"ency
:\t lts March 20, 2007 meeting, the City Commission approved Change Order ~umber 7 to the Library project that
:"ssentially revised the construction contract amount from $6,670,052.48 plus a S50,000 connngency yielding a total
approved contract amount, including contingency, of $6,720,052.48. Since this time, staff has approved Change
, BL:LLETrNFOR..IY1SAGENJA ITEM REQUEST FORM.DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Order number 8 bringing the revised contract amount to $6,7] 0,717.95, an amount below tbe amount authorized by
the Cll)' Connnission. This leaves slightly under $10,000 available for changed work conditions for the remainder of
the project
In order for staff to properly administer this project, it is absolutely essential that wan-anted construction change
orders be approved quickly in the field, and almost immediately in some circumstances. Many of these change orders
stem from changed working conditions typically involving conflicts or clarification of contract mtent or construction
teclmique. Other change orders are based upon extended time conditions as noted above where the date of
Substantial Completion is relevant. In most scenarios, City Staff must have the ability to approve Change Orders in a
llmely manner. Without sufficient contingency amounts authorized by the City Commission, City staff is not
3uthorized to approve these changes. In many situations, rapid approval of changed workmg process or conditions
can cause work to halt pending fmal approval of the change and associated funding by the City Commission. The
delay to the funding authorization, can, and already has, caused the project to be delayed far more than desired.
In order avoid similar changes and delays during the final stages of construction, staff respectfully requests that the
City Commission amend the awarded contract amount according to Change Order Number 9 in the amount of
$6,710,717.95. Staff recommends that the City Commission authorize a construction contingency amount of
5200,000 yielding a contract amount not to exceed of $6,91 0,717.95. Staff (the Director of Public Works and
Engineering) will be further authorized to approve future change orders to the Library Construction Contract up to a
contract amount of $6,910,717.95. Any changes in contract cost beyond this amount, or further changes to the date
of Substantial Completion, will require future approval by the City Commission. Future changes to the architect's
contract terms will be directed to the City Commission for approval.
PROGI0\M IMPACT: Completion ofthe Library Construction project.
FISCAL IMP ACT: Sufficient funds to support completion of the Library project as outlined herein have been included in
the proposed capital budget for FY 2007/2008.
AL TER"\A TIVES: Lack of a revised date of Substantial Completion will not allow other normal costs to be calculated and
\\lll begin a potentia] path to litigation. Furthermore, and more in1portantly, not providing staff with satisfactory contingency
funds will require that each future monetary change order be approved by the City Commission prior to the work being
performed. This will be detrimental to the overall scheduled project completion date a cost.
jl
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City Manager's Signature
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Assistant to City Manager ~
Public Works / Engineering
Department Name
City Attorney / Finance
, Jl! ! lfCTINHJRMS'J\GENDA lTEM REQUEST FORM.DOC
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RESOLUTION NO. R07- '_",,' i
A RESOLUTION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AUTHORIZING CHANGE ORDER
#10 WITH SESSOMS CONSTRUCTION FOR THE
BOYNTON BEACH LIBRARY PROJECT; REVISING
THE CONTRACTUAL DATE OF SUBSTANTIAL
COMPLETION OF THE \VORK; APPROVING A
REVISED CONTRACT AWARD IN THE AMOUNT OF
$6,710,717.95 PLUS A CONTINGENCY OF $200,000.00
FOR A TOTAL CONTRACT AMOUNT OF
$6,910,717.95; AND PROVIDING AN EFFECTIVE
DATE.
\VHEREAS, staff has recommended that the date of Substantial Completion of the
Library be revised to July 13, 2007; and
WHEREAS, staff requests that the City Commission amend the awarded contract
amount according to Change Order #9 in the amount of$6,710,717.95; and
WHEREAS, staff recommends that the City Commission authorize a construction
contingency amount of 5)200,000.00 yielding a contract amount not to exceed S6,919,7l7.95
WHEREAS, the City of Boynton Beach has reviewed Change Order #10 and has
determined that the contract changes set forth therein are both necessary and appropriate.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Vlhereas" clauses are hereby ratified and confinned as
being true and correct and are hereby made a specific part of this Resolution upon adoptIOn
h ereo f.
Section 2.
The City Commission of the City of Boynton Beach, Florida does
hereby authorize and direct the approval and execution of Change Order :;i 10 revising the
date of Substantial Completion to be July 13, 2007, and revising the contract award amount
S\CA\RESO\CHANGE ORDERS\Library Project CO 10.doc
to Sessoms Construction in the amount of $6.710,717.95, plus a contingency amount of
21
S200,OOO.OO for a total contract amount of S6.91 0,717.95, a copy of which is attached hereto
3
as Exhibit "A".
4
Section 3.
This Resolution shall become effective immediately upon passage.
5
PASSED AND ADOPTED this _ day of August, 2007.
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CITY OF BOYNTON BEACH. FLORIDA
Mayor -. .Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCra)'
Commissioner - Carl McKoy
ATTEST:
Janet Prainito, CM C
City Clerk
27
28
29 (Corporate Seal)
30
S\CA\RESO\CHANGE ORDERS\Library Project CO 10.doc
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-
Document G701™ - 2001
Change Order
CHANGE ORDER NUMBER: 009
DATE: July 17,2007
OWNER: ~
ARCHITt:CT: ~
CONTRACTOR ~
i="lcLD 0
PROJECT (Name and address):
Boynton Beach City Library
208 South Seacrest Boulevard
Boynton Beach, Florida 33435
TO CONTRACTOR (Name and address):
Sessoms Construction
7485 Davie Road Extension
Hollywood, Florida 33024
ARCHITECT'S PROJECT NUMBER: 0320802
CONTRACT DATE: May 04, 2005
CONTRACT FOR: General Construction
OFit:R 0
THE CONTRACT IS CHANGED AS FOLLOWS:
(Include, where applicable, any undisputed amoun! anribwable to previously executed Consrruction Change Direcrives)
Extension of time due to delays:
a Additional survey to locate Bellsouth cable (unforseen) prior to excavation- add I day
b. Production delay in precast production (in addition to 30 days approved in e.O. #3) to January
23, 2006- add 35 days
c. Change in roof from polyiso insulation to lightweight insulating concrete, delay in c.O approval.
permit revision and concrete curing time- add 45 days
d. Time delay for head of wall issue (structural omission, cost negotiation, and permit revision) to
install steel plates- add 90 days
e. Additional twO days for job shut down due to possible loss of Builders Risk Insurance - add 2 days
The ongrnal Contract Sum was
The net change by previously authorized Change Orders
The Contract Sum prior to this Change Order was
The Contract Sum will be unchanged by this Change Order in the amount of
The new Contract Sum including this Change Order will be
Tne Contract Time will be increased by One Hundred and Seventy Three ( 173 ) days.
The date of Substantial Completion as of the date of this Change Order therefore is July 13, 2007
$
$
$
$
$
5,727,485.00
983,232.95
6,710,717.95
0.00
6,710.717.95
NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which
have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and
Contractor, in which case a Change Order is executed to supersede the Construction Change Directive.
NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER.
SCHENKELSHULTZ Architecture
ARCHITECT (Firm name)
1300 North Congress Avenue, West Palm
Beach, Florida 33409
ADDRESS
BY (Signat
Samuel J. eri, AlA
: Typed name)
01. n .~..,
DATE
Sessoms Construction
CONTRACTOR (Firm name)
CltV of Bovnton Beach
OWNER (Firm name)
208 South Seacrest Boulevard, Boynton
Beach, Florida 33435
ADDRESS
7485 Davie Road Extension, Hollywood,
Florida ~ }
h:1?- -----
- BY (Signature)
Lee Sessoms
BY (Signature)
(Typed name)
2)"77/07
DATE
AlA Document G701TN _ 2001. Copyright <tl 1979. 1987.2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This AlA'
Document is protected by U.S. Copyright Law end International Treaties. Unauthorized reproduction or distrIbution of this AlA" Document, or any
portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documen:
was produced by AlA software at 09:41 :35 or. 07/17/2007 under Order NO.1 000291 482_6 which expires on 3/1912006, and is not lor resale
User Notes: (4267388923\
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\-.l
VI.-CONSENT AGENDA
ITEM D.
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 April 15, 2008 March 31, 2008 (Noon) r2J June 17,2008 June 2, 2008 (Noon)
0 May 6, 2008 April 14, 2008 (Noon) 0 July 1,2008 June 16,2008 (Noon)
0 May 20, 2008 May 5, 2008 (Noon) 0 July 15, 2008 June 30, 2008 (Noon)
0 June 3, 2008 May 19,2008 (Noon) 0 August 5, 2008 July 14,2008 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM r2J Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Request authorization for members of the City Commission to attend the Florida League of Cities
82nd Annual Conference, August 14-16, 2008 in Tampa, Florida.
EXPLANATION: As outlined in the City Commission Travel Policy approved December 18,2007, authorization is
required for members of the City Commission to attend the Florida League of Cities 82nd Annual Conference, August 14-16,
2008 at the Tampa Convention CenterITampa Marriott Waterside.
PROGRAM IMPACT: None
FISCAL IMP ACT: Funds are budgeted for members of the Commission to attend conferences and business meetings in
Account #001-1] ]0-511-40-12.
AL TERNA TlVES: Not authorize members of the City Commission to attend the Florida League of Cities 82nd Annual
Conference.
Department Head's Signature
,~ ,4 ~~<v,J '-""--
City Manager's Signature
Assistant to City Manager
~
City Attorney / Finance
Department Name
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
Makl A Grlat Statll
FLORIDA LEAGUE OF CITIES
82ND ANNUAL CONFERENCE
August 14-16, 2008. Tampa Convention Center/Tampa Marriott Waterside
REGISTRATION
INFORMATION
Paid r:e .
glstrat' .
requ' Ion IS
Ired t
hOUsing infl 0 receive
. ormation
So SIgn '
up early! /
See page /
10 for details //1
./
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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 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 April 15.2008 March 31, 2008 (Noon) [8J June 17,2008 June 2,2008 (Noon)
0 May 6, 2008 April 14, 2008 (Noon) D July 1,2008 June 16,2008 (Noon)
0 May 20, 2008 May 5, 2008 (Noon) D July 15,2008 June 30, 2008 (Noon)
D June 3, 2008 May 19,2008 (Noon) D August 5, 2008 July 14,2008 (Noon)
D Announcements/Presentati ons D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM !8J Consent Agenda D Legal
0 Code Compliance & Legal Settlements D Unfinished Business
0 Public Hearing D
RECOMMENDATION: Authorize the use of$500 from Commissioner Ross's Community Investment Fund to help fund
the Heart of Boynton Community Intergenerational Gathering held on Saturday, 711 9108 at the Carolyn Sims Center.
EXPLANA TION: Commission approval is requested for allocation of$500 to help defray cost of the Intergenerational
Gathering, Saturday, 7119108 at the Carolyn Sims Center to help raise awareness of youth violence in the Heart of Boynton
Community.
PROGRAM IMPACT: Allocation offunds will help defray cost for the above program,
FISCAL IMPACT: (Include Account Number where funds will come from) 001-1110-511-95-47
Funds are budgeted for these types of activities. Each Commissioner has $10,000 in Community Investment Funds to allocate
subject to Commission approval.
AL TERNA TIVES: Decline to authorize the requested use.
Department Name
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S\BULLETTN\FORMS\AGENDA ITEM REQUEST FORM DOC
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: June 12, 2008
Requested by Mayor/Commissioner: Commissioner Ross
Amount Requested: $500.00
Recipient/Payee: Heart of Boynton lntergenerational Gathering
Description of project, program, or activity to be funded: Allocation of funds will assist in
funding the lntergenerational Gathering held on Saturday, 7/19/08 in an effort to raise
awareness of youth violence.
Dated: t;; It ~/o ~
By:~~_ L:V~
Part II-Availability of funds (to be completed by the Finance Director)
The annual appropriation of funds available to the requesting Member of the Commission
listed above is $10,000. $8,723.88 has been used to date by the requesting Member, leaving
a balance of available funds of$I,276.12. This request would bring the available amount
down to $776.12.
Accordingly:/
Jlf There are funds available as requested
o There are insufficient funds avail~~er
Dated: G '/l-.Oj BY:~
Finance Director
Part 111- Eligibility Evaluation (to be completed by City Manager)
r;!' The proposed expenditure of funds will not result in improvement to private
property;
J3' The recipient/payee provides services within the City of Boynton Beach;
~ The project, program or activity which is being funded will occur in the City
/of Boynton Beach and participation is open to all residents of the City; and
p1 Proper safeguards will be implemented to assure that the public funds being
appropriated will be used for the stated purpose.
Dated:
>>
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By: .:7 ( '-:\.~~~~ _
City Manager
S\City Mgr\Administration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05-
06.doc
", Heart of Boynton Community
Gertruae Sullivan, 201 NE 6th Ave., Boynton Beach, FL 33435 (561) 732-1205
May 29, 2008
Lisa Bright
Community Redevelopment Agency
915 South Federal Hwy.
Boynton Beach, FL 33435
Dear Ms. Bright:
The Heali of Boynton Community Intergenerational Gathering Committee is planning its 2nd annual
Intergenerational Gathering Event on Saturday, July 19, 2008 at the Cal'olyn Sims Center at Wilson Park.
The committee appreciates your continuing suppoli and hopes this year's event will be the best ever. We
are requesting $4,000.00 to help with this year's event.
The Intergenerational Gathering Event was established by the Heart of Boynton Community in an effort to
raise awareness of youth violence, uniting diverse generations and bring safety in our city.
We hope we can count on you to help create a stronger community; the funds will be used toward
purchasing refreshments and marketing.
Thank you for you consideration and your continuous support. May we here back from you on or before
Wednesday, June 11t\ you may contact Gertrude Sullivan at (561) 732-1205 if you have any question.
Sincerely your,
,WiuMJ/
Gertrude Sullivan
President of Boynton Terrace Neighborhood Assn
Cc: Community Redevelopment Agency Board
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
D April 15, 2008 March 31, 2008 (Noon) [8J June 17, 2008 June 2, 2008 (Noon)
D May 6, 2008 April 14,2008 (Noon) D July I, 2008 June 16,2008 (Noon)
D May 20, 2008 May 5, 2008 (Noon) D July 15, 2008 June 30, 2008 (Noon)
D June 3, 2008 May 19, 2008 (Noon) D August 5, 2008 July 14, 2008 (Noon)
D Announcements/Presentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda [8J Legal
D Code Compliance & Legal Settlements D UnfInished Business
[8J Public Hearing D
RECOMMENDATION: Please place this request on the June 17,2008 City Commission Agenda under Public
Hearing and Legal, Ordinance - First Reading. The Planning and Development Board on May 27,2008, recommended that
the request be approved. For further details pertaining to this request, see attached Department Memorandum No. 08-040.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
City Towing (LUAR 07-003)
Dave Beasley
Charles S. Cook and Alice Snow
506 and 510 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.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
Develop
, I
/...\v.~
Ci Manager's Signature
Assistant to City Manager ~
Planning and Zo Director City Attorney / Finance
S:\Planning\SHARED\WP\PROJE TS\City Towing 510 NE3rd Street\LUAR\Agenda Item Request City Towing LUAR 07-003 7-1-08.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. 08-
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 CHARLES S. COOK AND ALICE SNOW,
8 AND LOCATED AT 506 AND 510 NORTHEAST 3RD
9 STREET; CHANGING THE LAND USE DESIGNATION
10 FROM GENERAL COMMERCIAL (GC) TO
11 INDUSTRIAL (I); PROVIDING FOR CONFLICTS,
12 SEVERABILITY, AND 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
28 herein by this reference.
29
Section 2:
Ordinance No. 89-38 of the City is hereby amended to reflect the
S\CA\Ordinances\Plannin~Land UselCity Towing Land Use. doc
i -
11
1 following:
2 That the Future Land Use of the following described land located at 506 and 510
3 Northeast 3rd Street changing the land use designation from General Commercial (GC) to
4 Industrial (I):
5
6 Lots 47 and 48, in Arden Park, in addition to the Town of Boynton (now
7 Boynton Beach), Florida, according to the Plat thereof on file in the Office
8 of the clerk of the Circuit Court in and for Palm Beach County, Florida in
9 Plat Book 2, Page 96.
10
11 CONTAINING 0.33 ACRES (14,392 Sq. Ft.) OF LAND.
12
13 Subject to easements, restrictions, reservations, covenants and rights-
14 of-way of record.
15
16
1 7 Section 3: That any maps adopted in accordance with the Future Land Use Element of the
18 Future Land Use Plan shall be amended accordingly.
19 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
20 Section 5: Should any section or provision of this Ordinance or any portion thereof be
21 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
22 remainder of this Ordinance.
23 Section 6: The effective date of this plan amendment shall be the date a final order is
24 issued by the Department of Community Affairs finding the amendment to be in compliance in
25 accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration
26 Commission finding the amendment to be in compliance in accordance with Section 163.3184,
27 'F.S.
28
29
FIRST READING this _ day of
,2008.
SECOND, FINAL READING and PASSAGE this _ day of
,2008.
S:\CA\OrdinancesIPlannin!t<Land Use\City Towing Land Use. doc
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ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
SICA\Ordinances\PlanninglLand Use\City Towing Land Use.doc
CITY OF BOYNTON BEACH. FLORIDA
Mayor - Jerry Taylor
Vice Mayor ~ Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Woodrow L. Hay
Commissioner - Marlene Ross
1 ORDINANCE NO. 08-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, REGARDING THE
5 APPLICATION OF DAVE BEASLEY, AMENDING
6 ORDINANCE 02-013 TO REZONE A PARCEL OF
7 LAND LOCATED AT 506 AND 510 NORTHEAST
8 3RD STREET, AS MORE FULLY DESCRIBED
9 HEREIN, FROM GENERAL COMMERCIAL (C-4)
10 TO INDUSTRIAL (M-l); PROVIDING FOR
11 CONFLICTS, SEVERABILITY, AND AN
12 EFFECTIVE DATE.
13
14 WHEREAS, the City Commission of the City of Boynton Beach, Florida has
15 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City;
16 and
1 7 WHEREAS, Charles Cook and Alice Snow, owners of the property located at 506
18 and 51 0 Northeast 3 rd Street, Boynton Beach, Florida, as more particularly described herein,
19 have filed a Petition, through their agent, Dave Beasley, pursuant to Section 9 of Appendix
20 A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of
21 rezoning a parcel of land, said land being more particularly described hereinafter, from
22 General Commercial (C-4) to Industrial (M-l); and
23 WHEREAS, the City Commission conducted a public hearing and heard testimony
24 and received evidence which the Commission finds supports a rezoning for the property
25 hereinafter described; and
26 WHEREAS, the City Commission finds that the proposed rezoning is consistent with
27 an amendment to the Land Use which was contemporaneously considered and approved at
28 the public hearing heretofore referenced; and
29 WHEREAS, the City Commission deems it in the best interests of the inhabitants of
s: ICA IOrdinancesIPlanning\Rezoning\Rezoning -City Towing. doc
I
,I
I
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.
Section 2.
The following described land located at 506 and 510 Northeast 3rd
6
7 Street in Boynton Beach, Florida, as set forth as follows:
8
9 Lots 47 and 48, in Arden Park, in addition to the Town of Boynton (now
10 Boynton Beach), Florida, according to the Plat thereof on file in the Office
11 of the clerk of the Circuit Court in and for Palm Beach County. Florida in
12 Plat Book 2, Page 96.
13
14
15 CONTAINING 0.33 ACRES (14,392 Sq. Ft.) OF LAND.
16
1 7 Subject to easements, restrictions. reservations, covenants and
18 rights-of-way of record.
19
20 be and the same is hereby rezoned from General Commercial (C-4) to Industrial (M-]). A
21 location map is attached hereto as Exhibit "A" and made a part of this Ordinance by reference.
2 2 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended
2 3 accordingly.
24
Section 4. All ordinances or parts of ordinances m conflict herewith are hereby
25 repealed.
26 Section 5. Should any section or provision of this Ordinance or any portion thereof
27 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
28 he remainder of this Ordinance.
29 Section 6. This ordinance shall become effective immediately upon passage.
S\CA \Ordinances\P1 annin~Rezoning.Rezoning -City TowlIlg.doc
1
FIRST READING this _ day of
,2008.
2
SECOND, FINAL READING and PASSAGE this _ day of
,2008.
3
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18 ATTEST:
19
20
21 Janet M. Prainito, CMC
22 City Clerk
23
24
25 (Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Woodrow L. Hay
Commissioner - Marlene Ross
S :\CA \Ordinances\Plannin~ezonin~ezoning -City Towing.doc
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 08-040
Chairman and Members
Community Redevelopment Agency Board and City Commission
Gabriel Wuebben /'. ~
Planner v\,
Michael W. RumPfW
Director of Planning and Zoning
April 5, 2008
City Towing/LUAR 08-003
To reclassify 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
Charles Cook and Alice Snow
Dave Beasley
506 & 510 N.E. 3rd Street (Exhibit "A")
General Commercial (GC)
C-4 General Commercial
Industrial (I)
M-1 Industrial
Automotive towing & storage
Auto-related use (Beck's Towing), designated Industrial (I) and
zoned M-l Industrial;
Auto-related use (National Transmission), designated Industrial
(I) and zoned M-1 Industrial, then right-of-way of N .E. 4th
Avenue;
Page 2
File Number: LUAR 07-003
City Towing
East:
Improved alleyway, then developed manufacturing facility (Taylor
Pneumatic Tool Company), designated Industrial (I) and zoned M-
1 Industrial; and
Right-of-way of N.E. 3rd Street, then developed commercial facility
(Charles Burn Landscaping) designated General Commercial (GC)
and zoned C-4 General Commercial.
West:
BACKGROUND
In April of 2005 the city adopted a resolution authorizing issuance of a "Notice of Intent" to
create a temporary moratorium allowing staff to review and revise zoning regulations for
properties in M-1 zoning districts. A consultant was subsequently hired and recently completed
the analysis of the M-1 zoning district for the city. The study noted the potential negative effects
of the continuous decline in the amount of industrial land in Boynton Beach, and found the
current M-1 regulations unaccommodating to the changing market trends and lacking the ability
to mitigate impacts of M-1 zoned areas on adjacent rights-of-way or residential properties.
The recommendations of the study included the following:
· Preserve existing industrial zoning;
· Expand potential for additional industrial types of uses, including changing land use and
zoning to industrial type of use on residential property, contiguous to FEC and other
industrial land; and
· Address compatibility issues, including making industrial edges compatible with
residential uses, and enhancing them where adjacent to arterial roadways.
PROJECT ANALYSIS
The parcels which are the subject of this land use amendment (lots 47 & 48 of Arden Park)
total 0.33 acres (14,392 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 Enforcemen~ 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
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File Number: LUAR 07-003
City Towing
dwelling unit density exceeding 50 in the hurricane evacuation zone without written
approval of the Palm Beach County Emergency Planning Division and the City's risk
manager. The planning department 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 ofthe 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
further the adopted Boynton Beach 20/20 Redevelopment Master Plan with use
provisions, development standards and design criteria which may address public
improvements, infrastructure, building placement, architectural character, streetscape,
signage, landmark opportunities and unifying design concepts. Implementation
mechanisms may include, but are not limited to, adoption of overlays in the land
development regulations, amendments to land development regulations, and/or through
rezoning to new or existing districts. . ."
The Heart of Bovnton Community 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 "A''). 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
districts, 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 National Transmission (502 N.E. 3rd Street), Beck's Towing (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 Community Redevelooment Plan.
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File Number: LUAR 07-003
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c. Whether changed or changing conditions make the proposed rezoning desirable.
The recent adoption of the Heart of Boynton Community Redevelopment Plan and its
recommendations regarding properties located in the Arden Park neighborhood makes the
proposed rezoning desirable. The recommendation is to reclassify all properties fronting NE 3rd
Street on the east side from General Commercial District to M-l Industrial District, thus
expanding the existing industrially zoned area, The shrinking supply of lands with the industrial
designation in recent years may create future location problems for industrial and marginal
commercial uses, which are important to the economic fabric of the city for providing valuable
services and employment opportunities. This applies to all land classified industrial. The
shortage of industrial sites geared toward small business is a concern. At present, there is not
much vacant land with industrial zoning such as M-l. Moreover, the areas with C-4 zoning,
which allow marginal commercial uses, are also scarce. These are located along US-l and may
ultimately be reclassified/rezoned to further the Federal Highway Corridor Community
Redevelopment Plan.
d. Whether the proposed use would be compatible with utility systems, roadways, 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.
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-related 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
Page 5
File Number: LUAR 07-003
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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 I-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 appropriate in light of
re-zonings that in recent years have resulted in the conversion of industrial land to other zoning
designations. In the last five (5) years, some 135 acres have lost their industrial designation,
not including Quantum Park, 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
County 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! RECOMMENDATIONS
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
overall economic development of the City. Therefore, staff recommends that the subject
request be approved.
ATTACHMENTS
S:\Planning\SHARED\WP\PROJECTS\City Towing 510 NE3rd Street\LUAR\STAFF REPORT (City Towing).doc
Exhibit --A" - Site Location Map
LUAR 07-003 - City Towing
M1 - Light
Industrial
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Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 27, 2008
5. Communications and Announcements.
A. Planning and Zoning Report
1. Final disposition of the April 22, 2008 Planning and Development
Board meeting Agenda items.
Mike Rumpf, Planning and Zoning Director, announced the text amendment to the
Planned Industrial District (PID) to omit density restrictions for hotels was approved at the
May 6, 2008 City Commission meeting.
The following items were heard at the May 20,2008 City Commission meeting:
· The Safe and Secure request for Major Site Plan Modification and the Community
Design Plan Appeal was approved.
· The 947 Isle Road, front yard setback variance was approved.
· Boynton Vistas II, Major Site Plan Modification for seven additional multi-family
residential unit apartments was approved.
6. Old Business.
None
Jamila Alexander, Assistant City Attorney, explained the procedures and administered the
oath to all who would be testifying.
7. New Business.
A. City Towing
Land Use Plan AmendmentlRezonina
1.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
City Towing (LUAR 07-003)
Dave Beasley
Charles S. Cook and Alice Snow
506 and 510 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-1 Industrial.
2
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 27, 2008
There was agreement to hear items one and two together and then vote on them
separately.
Gabriel Wuebben, Planner, presented the request to reclassify property from General
Commercial to Industrial, and rezone property from C-4 General Commercial to M-1
Industrial. The request involved lots 47 and 48 of Arden Park. Since the request was
small, it qualified as a "small scale" amendment which required adoption prior to forwarding
to the Florida Department of Community Affairs. The amendment is not reviewed for
compliance with State, regional and local comprehensive plans prior to adoption.
Staff considered the state of industrial lands within the City in reference to the
Comprehensive Plan, the Heart of Boynton Redevelopment Plan and an additional study,
all of which called for the preservation and expansion of industrial lands, preferably east of
1-95. The additional study referenced included a Resolution adopted by the City authorizing
a Notice of Intent (NOI) to create a temporary moratorium, and allow staff to review and
revise zoning regulations for properties in the M-1 zoning district. The recommendations of
the study were to:
· Preserve existing industrial zoning;
· Expand opportunities for additional industrial type uses, including changing land
uses and zonings to industrial types of uses on residential properties contiguous to
FEC and other industrial land; and
· Address compatibility issues ensuring industrial edges were compatible with the
residential uses as well as enhancing them when adjacent to arterial roadways.
Mr. Wuebben explained there were policies within the Comprehensive Plan that supported
the request. Staff reviewed the project for compatibility with roadways and utilities and
found them to be compatible with the existing capacities. No negative effects on
surrounding property owners or property values were discovered. The request was
consistent with the provisos of the Comprehensive Plan and, as such, staff recommended
the request be approved.
City Towing
Abandonment
2.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
City Towing (ABAN 07-002)
Dave Beasley
City of Boynton Beach
Alley north of 510 NE 3rd Street
Request for abandonment of a 1 O-foot wide alley
lying between and adjacent to lots 46 and 47 of
the Arden Park Addition to Boynton.
3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVl
VIII.-PUBLIC 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
D April 15, 2008 March 31,2008 (Noon) rgJ June 17, 2008 June 2, 2008 (Noon)
D May 6, 2008 Apri114,2008 (Noon) D July I, 2008 June 16,2008 (Noon)
D May 20, 2008 May 5, 2008 (Noon) D July 15,2008 June 30, 2008 (Noon)
D June 3, 2008 May 19, 2008 (Noon) D August 5, 2008 July 14, 2008 (Noon)
D AnnouncementslPresentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda rgJ Legal
D Code Compliance & Legal Settlements D UnfInished Business
rgJ Public Hearing D
RECOMMENDATION: Please place this request on the June 17,2008 City Commission Agenda under Public
Hearing and Legal, Ordinance - First Reading. The Planning and Development Board on May 27,2008, recommended that
the request be approved. For further details pertaining to this request, see attached Department Memorandum No. 08-046.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
City Towing (ABAN 07-002)
Dave Beasley
Charles S. Cook and Alice Snow
506 and 510 NE 3Td Street
Request for abandonment of a 1 O-foot wide alley lying between and adjacent to lots 46
and 47 of the Arden Park Addition to Boynton.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATITES: N/A
/;t.)-f-L ~~ {/e~~-~~
&I .
~/ City Manager's Signature
Developme
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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ORDINANCE NO. 08-
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, AUTHORIZING ABANDONMENT
OF A 10 FOOT WIDE ALLEY, LOCATED BETWEEN
AND ADJACENT TO LOTS 46 AND 47 OF THE ARDEN
P ARK ADDITION TO BOYNTON, SUBJECT TO
STAFF COMMENTS; AUTHORIZING THE CITY
MANAGER TO EXECUTE A DISCLAIMER, WHICH
SHALL BE RECORDED WITH THIS ORDINANCE IN
THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Dave Beasley, the agent for Charles S, Cook, the owner of the adjacent
property is requesting that the City abandon a 10 foot wide alley located between 5 ION .E. yd
Street and 410 N .E. 5th Avenue in an east-west direction along the north side of the applicant" s
property for a distance of 1 SO feet, subject to staff comments; and
WHEREAS, comments have been solicited from the appropriate City Departments, and
public hearings have been held before the City's Planning and Development Board and the City
Commission on the proposed abandonment: and
WHEREAS, staff finds that the utility easement no longer serves a public purpose. 21.._
the City Commission adopts that finding.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The foregoing Whereas clauses are true and correct and incorporated
herein by this reference.
Section 2. The City Commission of the City of Boynton Beach, Florida. does hereby
abandon a 10 foot wide alley located between 510 N.E. 3rd Street and 410 N.E. 5th Avenue in an
east-west direction along the north side of the applicant's property for a distance of 1 SO feet.
subject to staff comments. The property being abandoned is more particularly described as
follows:
A 10.00 foot wide alley lying between Lots 46 and 47 of Arden Park
addition, as recorded in Plat Book 2, Page 96 of the Public Record of
Palm Beach County, Florida, said alley being bounded on the East by the
Northerly extension of the East Line of Lot 47 to the Southeast comer of
Lot 46, and bounded on the West by the Northerly extension of the West
line of Lot 47 extended to the Southwest comer of Lot 46. all as shown
in the plat of Arden Park addition. Boynton Beach, Florida.
S:\CA\ inances\Abandonments\Clty Towing,doc
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Subject to easements, Rights-of- Ways, and reservations of record,
containing 1500 square feet more or less.
A location map is attached hereto as Exhibit "A."
Section 3. The City Manager is hereby authorized and directed to execute the
attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records
of Palm Beach County, Florida.
Section 4.
This Ordinance shall take effect immediately upon passage.
FIRST READING this _ day of
,2008.
SECOND, FINAL READING AND PASSAGE THIS _day of
2008.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Woodrow L. Hay
Commissioner - Marlene Ross
ATTEST:
Janet M. Prainito, CMC
City Clerk
S:\CA\ Inances\Abandonments\City Towing.doc
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City
of Boynton Beach, Florida, does hereby abandon ala foot wide alley located between 510
N.E. 3rd Street and 410 N.E. 5th Avenue in an east-west direction along the north side of the
applicant's property for a distance of 150 feet, subject to staff comments. The property being
abandoned is more particularly described as follows:
A 10.00 foot wide alley lying between Lots 46 and 47 of Arden
Park addition, as recorded in Plat Book 2, Page 96 of the Public
Record of Palm Beach County, Florida, said alley being bounded
on the East by the Northerly extension of the East Line of Lot 47 to
the Southeast corner of Lot 46. and bounded on the West by the
Northerly extension of the West line of Lot 47 extended to the
Southwest corner of Lot 46, all as shown in the plat of Arden Park
addition, Boynton Beach, Florida.
Subject to easements, Rights-opf- Wyas, and reservat6ions of
record, containing 1500 squre feet more or less.
IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton
Beach, Florida, have hereunto set their hands and affixed the seal of the City this
day of ,2008.
ATTEST: CITY OF BOYNTON BEACH, FLORIDA
Janet M. Prainito, CMC Kurt Bressner, City Manager
City Clerk
STATE OF FLORIDA
)S5:
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and
Janet M. Prainito. City Manager and City Clerk respectively, of the City of Boynton
Beach, Florida, known to me to be the persons described in and who executed the
S .\CA\Ordlnances\Abandonments\City Towing. doc
foregoing instrument, and acknowledged the execution thereof to be their free hand and
deed as such officers, for the uses and purposes mentioned therein; that they affixed
thereto the official seal of said corporation; and that said instrument is the act and deed of
said corporation.
WITNESS my hand and official seal in the said State and County this _ day of
,2008.
NOTARY PUBLIC, State of Florida
My Commission Expires:
S.ICA IOrdlnances \Abandonment sIC ity Towing. doc
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 08-046
TO:
Chairman and Members
Planning and Development Board
THRU:
FROM:
Michael W. Rumpf
Planning and Zoning Director
Gabriel Wuebben J. ~
Planner II'-
DATE: April 24, 2008
SUBJECT: Abandonment of a portion of a 10-foot wide alley lying between and adjacent to Lots 46, and 47,
Plat Book 2, Page 96, Arden Park Addition to Boynton (ABAN 07-002).
NATURE OF REQUEST
Dave Beasley, the agent for Charles Cook, the owner of the adjacent property, is requesting to abandon a portion of
the 10-foot wide alley located between 510 N.E. 3rd Street and 410 N.E. 5th Avenue. The ten (10) foot-wide
unimproved alley runs in an east-west direction along the north side of the applicant's property, for a distance of 150
feet. More specifically, the requested abandonment is for the following unimproved platted alley segment:
A 10.00 foot wide alley lying between lots 46 and 47 of Arden Park Addition, as recorded in plat book 2, page
96 of the public records of Palm Beach County, Florida, said alley being bounded on the east by the northerly
extension of the east line of lot 47 to the southeast corner of lot 46; and bounded on the west by the northerly
extension of the west line of lot 47 extended to the southwest corner of lot 46, all as shown in the plat of
Arden park Addition, Boynton Beach, Florida.
The location map attached as Exhibit "A" shows the general vicinity of the alley right-of-way to be abandoned. The
attached Exhibit "B"- "Proposed Abandonment" shows the location of the subject property and includes a detailed
location of the alley to be abandoned and its legal description.
The following is a description of the zoning districts and land uses of the properties that surround the subject
request:
North -
Auto-related use (Beck's Towing), designated Industrial (I) and zoned M-1 Light Industrial;
South -
Auto-related use (City Towing), designated General Commercial (GC) and zoned C-4
General Commercial. This property is currently the subject of an application for land use
amendment and rezoning to classify the property Industrial (I) and zone to M-1 Light
Industrial;
East
Improved alley, then developed manufacturing facility (Taylor Pneumatic Tool Company),
designated Industrial (I) and zoned M-1 Industrial; and
Right-of-way of N.E. 3rd Street, then developed commercial facility (Charles Burr
Landscaping) designated General Commercial (GC) and zoned C-4 General Commercial.
West
Page 2
Memorandum No. PZ 08-046
ABAN 07-002
BACKGROUND
In April of 1913, the Plat of Arden Park Addition to Boynton was approved. It included several 1 O-foot wide alleys
dedicated to the perpetual use by the public. The subject request is for abandonment of the east-west oriented alley
located between NE 4th and NE 5th Avenue, extending 150 feet east of NE 3rd Street, to a north-south alley. The
applicant would like to fence in their portion of the abandoned alley to increase the storage capacity of their towing
compound lot.
When a right-of-way, such as this unimproved alley is abandoned, the abandoned land is transferred in equal
portions from the general public to the abutting property owner(s) per State law (9 336.12). Typically, two (2)
properties would be affected by an abandonment request: one-half of the right-of-way is conveyed to one (1)
abutting property owner and the other one-half is conveyed to the other abutting property owner. The applicant
requesting this abandonment is the owner of the abutting property to the south (510 NE 3rd Street / Lot 47, Arden
Park Addition). Public records indicate that Beck's Towing & Recovery, Inc. is the owner of the abutting property to
the north (410 NE 5th Avenue / Lot 46, Arden Park Addition).
A review of city records indicates that a minimum of ten (10) segments of alleyways within the Arden Park Addition
plat have been abandoned over the years.
ANALYSIS
Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the right-of-
fay to be abandoned, all utility companies have been notified and the request has been advertised in the
newspaper. A summary of the responses from the utility companies and city staff is as follows:
CITY DEPARTMENTS/DIVISIONS
Engineering
Public Works/Utilities
Planning and Zoning
No objection
No objection
No objection
PUBLIC UTILITY COMPANIES
Florida Power and Light
BellSouth
Florida Public Utilities Company
Cable Company (Comcast)
Approval
Approval with conditions (see Exhibit "C")
Approval
Approval with conditions (see Exhibit "C")
RECOMMENDATION
Staff has determined that the subject alley no longer serves a public purpose and that a number of alleyway
segments have already been abandoned in the immediate vicinity. Therefore, staff recommends that the request to
abandon the above-described segment of 1 O-foot wide alley be approved, subject to the comments included in
Exhibit "c" - Conditions of Approval. Any conditions required by the Planning and Development Board and the
Sommission will be placed in Exhibit "C" - Conditions of Approval.
SIPlanninglSHAREDlWPIPROJECTSICity TOWing 510 NE3rd StreetlABANIStaff Report (City TOWing ABAN).doc
Exhibit "A" - Site Location Map
LUAR 07-003 - City Towing
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EXHIBIT "e"
Conditions of Approval
Project name: City Towing
File number: ABAN 07-002
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- Solid Waste
Comments: None X
PUBLIC WORKS - Forestry & Grounds
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
FIRE
------
I
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
1. The applicant shall provide evidence of compliance with the request from X I
Comcast to preserve the existing pole line and provide for any necessary
easements as required. ~---~-~. -_0.."___.-.
Conditions of Approval
City Towing (ABAN 07-002)
DEPARTMENTS INCLUDE REJECT
2. The applicant shall provide written evidence that the proposed abandonment
in no way interferes with Bell South's existing infrastructure and/or
operations and provide for any necessary easements as required.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
I 1. To be determined. I I I
S:IP1anningISHARED\ WPIPROJECTSICity Towing 510 NE3rd Street\ABAN\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
City Towing
APPLICANT'S AGENT:
Dave Beasley
2385 SW 13th Terrace, Boynton Beach, Florida 33426
APPLICANT'S ADDRESS:
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 1,2008
TYPE OF RELIEF SOUGHT: Request to abandon a ten (10) foot wide alley located between 510
N.E. 3rd Street and 410 N.E. 5th Street, lots 46 and 47 of the Arden
Park Addition plat.
LOCATION OF PROPERTY: Between 510 N.E. 3rd Street and 410 N.E. 5th Street, east of NE 3rd
Street
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant, in a manner consistent
with the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "D" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other:
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\City Towing 510 NE3rd Street\ABAN\DO.doc
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 27, 2008
There was agreement to hear items one and two together and then vote on them
separately.
Gabriel Wuebben, Planner, presented the request to reclassify property from General
Commercial to Industrial, and rezone property from C-4 General Commercial to M-1
Industrial. The request involved lots 47 and 48 of Arden Park. Since the request was
small, it qualified as a "small scale" amendment which required adoption prior to forwarding
to the Florida Department of Community Affairs. The amendment is not reviewed for
compliance with State, regional and local comprehensive plans prior to adoption.
Staff considered the state of industrial lands within the City in reference to the
Comprehensive Plan. the Heart of Boynton Redevelopment Plan and an additional study,
all of which called for the preservation and expansion of industrial lands, preferably east of
1-95. The additional study referenced included a Resolution adopted by the City authorizing
a Notice of Intent (NOI) to create a temporary moratorium, and allow staff to review and
revise zoning regulations for properties in the M-1 zoning district. The recommendations of
the study were to:
. Preserve existing industrial zoning;
· Expand opportunities for additional industrial type uses, including changing land
uses and zonings to industrial types of uses on residential properties contiguous to
FEC and other industrial land; and
· Address compatibility issues ensuring industrial edges were compatible with the
residential uses as well as enhancing them when adjacent to arterial roadways.
Mr. Wuebben explained there were policies within the Comprehensive Plan that supported
the request. Staff reviewed the project for compatibility with roadways and utilities and
found them to be compatible with the existing capacities. No negative effects on
surrounding property owners or property values were discovered. The request was
consistent with the provisos of the Comprehensive Plan and, as such, staff recommended
the request be approved.
City Towing
Abandonment
2.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
City Towing (ABAN 07-002)
Dave Beasley
City of Boynton Beach
Alley north of 510 NE 3rd Street
Request for abandonment of a 1 O-foot wide alley
lying between and adjacent to lots 46 and 47 of
the Arden Park Addition to Boynton.
3
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 27. 2008
Mr. Wuebben explained this request was reviewed by various City departments and there
were no objections to the request. There were public utility companies expressing an
interest; however, FPL and Florida Public Utilities approved of the abandonment, and
BellSouth and Comcast expressed a conflict. As a condition of approval, the applicant
would be required to work out the difficulties with the companies before moving forward
with the abandonment.
Staff explained the alleyway no longer served a public purpose and other alleyway
segments in the immediate area had already been abandoned. Accordingly, staff
recommended approval of the abandonment subject to the comments included in the
Conditions of Approval.
The property to the north had an abandoned home and to the south was a towing/auto
related use.
Dave Beasley, 2385 SW 13th Terrace, and Agent for the property, explained the two
parcels were being rezoned for two separate owners. Alice Snow currently owns the land
on which City Towing was situated and which currently was a non-conforming use in the C-
4 District. This property would be rezoned to M-1.
Charles Cook, the new owner of City Towing, was leasing the southern parcel owned by
Alice Snow, and he purchased the property to the north, which would be incorporated into
City Towing and operated as City Towing. Both parcels were being rezoned to M-1.
making them conforming lots.
In reference to the abandonment, Mr. Beasley explained the owner would be returning for
site plan approval, and they were aware they would leave an easement for FPL. He
explained under a normal side yard setback, they would not be able to build there anyway.
Additionally, Mr. Wuebben advised a member of the Engineering Department visited the
site and saw no conflict with Comcast.
Mr. Beasley agreed to the conditions of approval and acknowledged with the rezoning, they
would need to comply with current Community Appearance Codes. He advised there
would be some upgrading but did not know what it was at this time.
Chair Jaskiewicz opened the Public Hearing.
William Poznak, Board Alternate, had viewed the property and inquired about the
condition of the property. He explained there were cars on the premises that appeared to
be there for a long time.
Mr. Beasley responded that situation occurs in the towing business, and he was unaware if
the cars would be sold or junked. He knew there was a process that was in place, but he
did not know what it was. Mr. Rumpf suggested contacting Code Compliance. Chair
Jaskiewicz thought there were screening provisions. It was noted it may be difficult to
4
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 27, 2008
restrict this type of improvement due to the nature of the towing business. Mr. Beasley
explained this was just the first step.
There were no further comments from the public. Chair Jaskiewicz closed the Public
Hearing.
The first motion pertained to Item 7 .A. 1.
Motion
Ms. Grcevic moved to reclassify property from General Commercial (GC) to Industrial (I)
and rezone from C-4 General Commercial, to M-1 Industrial. Ms. Killian seconded the
motion that unanimously passed.
The second motion pertained to Item 7.A.2.
Motion
Ms. Killian moved to abandon a portion of the 1 a-foot wide alley between and adjacent to
Lots 46 and 47, Plat 2, Page 96, Arden Park Addition to Boynton, subject to the conditions
of BellSouth and the cable company as noted. Mr. Barnes seconded the motion that
unanimously passed.
B. Water Supply Plan Comprehensive Plan Amendments
1.
PROJECT:
Water Supply Plan Comprehensive Plan
Amendments
City-initiated
Request for amendments to Comprehensive
Plan to incorporate State required 1 a-year water
supply Facility Work Plan and related
amendments to four elements.
AGENT:
DESCRIPTION:
Chair Jaskiewicz complimented Hanna Matras, Senior Planner, on the amendment. She
expressed it was a fantastic plan regarding water issues.
Ms. Matras explained this amendment was being brought to the board prior to the
Transmittal Hearing on June 17, 2008. Water has been an issue because of the long-term
possibility that the City would not have enough water at the current rate of growth. The
amendment is a State requirement and the City is required to look at alternate water
sources and stricter comprehensive water policies.
The projects included in the plan were not new; they had been worked on for quite a long
time. The projects were included in the Capital Improvement Element schedule approved
by the City Commission in December, 2007, and sent to, and approved by the Florida
5
VIII.-PUBLIC HEARING
ITEM C.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 15, 2008 March 31, 2008 (Noon) ~ June 17,2008 June 2, 2008 (Noon)
0 May 6, 2008 April 14,2008 (Noon) 0 July I, 2008 June 16,2008 (Noon)
0 May 20, 2008 May 5, 2008 (Noon) 0 July 15,2008 June 30, 2008 (Noon)
0 June 3, 2008 May 19,2008 (Noon) D August 5, 2008 July 14,2008 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM D Consent Agenda ~ Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
~ Public Hearing 0
RECOMMENDATION: Please place this request on the June 17,2008 City Commission under Public Hearing and
Legal, Ordinance-First Reading. The Planning and Development Board on May 27,2008, recommended that this item be
approved for transmittal to the Florida Department of Community Affairs.
For further details pertaining to this request, see attached Department Memorandum No 08-047
EXPLANATION:
PROJECT:
Comprehensive Plan Amendments based on the lO-year Water Supply Facilities
Work Plan
City-initiated
Request for amendments to Comprehensive Plan to incorporate State required 10-year
water supply Facility Work Plan and related amendments to four elements.
AGENT:
DESCRIPTION
PROGRAM IMP ACT:
FISCAL IMP ACT:
ALTERNATIVES:
Represents compliance with state law
N/A
Lj. j -fi
.. ~/l _ .. ."
~. . .", I.' [; ...--J.-'-- - '-C
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'." y "-
City Manager's Signature
r;M./
As~istant to City Manager
~U/~
Planning & g DIrector
"'--:',,<=-=--
City Attorney / Finance
S:\Planning\HUDSON\EAR Amendments\W A TER SUPPLY amendments\CC DOCS\CCAgenda Item Request.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
ORDINANCE NO. 08-
:2
3 AN ORDINANCE OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA ADOPTING THE
5 COMPREHENSIVE PLAN AMENDMENTS BASED ON
6 THE to-YEAR WATER SUPPLY FACILITIES WORK
7 PLAN; PROVIDING FOR CONFLICTS, SEVERABILITY,
8 CODIFICA TION AND AN EFFECTIVE DATE.
9
10 WHEREAS, the 2002 State Legislature expanded the comprehensive plan requirements
] 1 to strengthen coordination of water supply planning and local land use planning: and
] 2 WHEREAS, the most significant requirement was that each local government adopt a
]3 10call0-year Water Supply Facilities Work Plan into their Comprehensive Plan; and
] 4 WHEREAS, these local 10-year plans are to be based on the latest relevant Regional
]5 Water Supply Plan, in the City of Boynton Beach's case the regional plan is the Lower East
16 Coast Water Supply Plan which was adopted on February 16,2007: and
17 WHEREAS, local governments were given 18 months following the adoption of the
18 egional plan to prepare and adopt their own plans and any necessary implementing
19 mendments into their Comprehensive Plan.
Section L
The foregoing "Whereas" clauses are true and correct and incorporated
20 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
21 HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
22
'1~
.c.)
erein by this reference.
Section 2.
The City Commission of the City of Boynton Beach, Florida, hereby
24
25 dopts the Comprehensive Plan Amendments based on the 10-year Water Supply Facilities
26 ork Plan, prepared for the City of Boynton Beach. dated April, 2008, a copy of which is
ICA\Ordinances\Comp Plan Amendment (I (J.year Water Supply Plan) doc
- ] -
10
II
12
13
14
IS
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
attached hereto as Exhibit "A".
2
Section 3.
All laws and ordinances in conflict with any provisions of this ordinance
3 are hereby repealed.
4
Section 4.
Should any section or provision of this Ordinance or any portion thereof
5 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
6 remainder of this Ordinance.
7
Section 5.
Authority is hereby given to codify this Ordinance.
8
Section 6.
This Ordinance shall become effective immediately upon passage.
9
FIRST READING this _ day of
,2008.
SECOND, FINAL READING AND PASSAGE this _ day of
,2008.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Woodrow L. Hay
Commissioner - Marlene Ross
TTEST:
anet M. Prainito, CMC
ity Clerk
Corporate Seal)
:ICAIOrdinances\Comp Plan Amendment (I (fyear Water Supply Plan).doc
- 2 -
DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING
Memorandum PZ 08-047
TO:
Chair and Members, Planning and Development Board
Mayor and City Commission
FROM:
Hanna Matras
Senior Planner /7 /
)L..-:"
Michael W. Rump~'
Planning and Zoning Director
THROUGH:
DATE:
May 15, 2008
RE:
Request to transmit amendments to the Comprehensive Plan
based on the "10-year Water Supply Facilities Work Plan"
The 2002 State Legislature expanded the comprehensive plan requirements to
strengthen coordination of water supply planning and local land use planning. The
most significant requirement was that each local government must adopt a local10-year
Water Supply Facilities Work Plan into their Comprehensive Plan. These local10-year
plans are required to be based on the latest relevant Regional Water Supply Plan. In the
City of Boynton Beach's case, the regional plan is the "Lower East Coast Water Supply
Plan", prepared by the South Florida Water Management District.
Initially, the amendments were to have been adopted by January 2005; however, since
regional plans were not completed in time for local governments to meet the 2005
deadline, it was extended to allow local governments 18 months following the adoption
of the regional plan to prepare and adopt their own plans and any necessary
implementing amendments into their Comprehensive Plans.
The "2005-2006 Lower East Coast Water Supply Plan Update" was adopted on February
16,2007. Since that time, City staff has been working with the City's Utilities
consultant, Brown and Caldwell, to prepare the plan and related amendments.
Staff presents the proposed Comprehensive Plan amendments for your review, prior to
the transmittal hearing scheduled for the June 17th City Commission meeting. Please
note that the proposed amendments do not count toward the twice-per-year limitation
on the adoption of amendments to the comprehensive plan. An adoption hearing will
take place following review by the DCA.
Amendments are proposed to objectives and policies in four elements of the
Comprehensive Plan. While the major proposed amendments are within the Potable
Water Sub-Element of the Utilities Element, there are changes proposed to the
Sanitary Sewer Sub-Element, the Future Land Use Element, the Conservation
Element, and the Intergovernmental Coordination Elements. The "lD-year Water
Supply Facilities Work Plan" is added to the Potable Water Sub-Element as Exhibit 1.
A detailed explanation of the amendments is included in the attached OVERVIEW.
S:\Planning\HUDSON\EAR Amendments\ WATER SUPPLY amendments\CC DCX::S\P&D COVER MEMO.doc
OVERVIEW OF PROPOSED COMPREHENSIVE PLAN AMENDMENTS
TO ADDRESS THE CITY'S
IO-YEAR WATER SUPPLY FACILITIES WORK PLAN
In order to address requirements of Section 163.3177(6)(c), F. S. that ilall local
governments that are subject to a regional water supply plan must adopt a 10-year
water supply facilities work plan in their comprehensive plans", text amendments are
proposed for four elements of the Comprehensive Plan. VVhile the major proposed
amendments are within the Potable Water Sub-Element of the Utilities Element, there
are changes proposed to the Sanitary Sewer Sub-Element, the Future Land Use
Element, the Conservation Element, and the Intergovernmental Coordination
Elements. The "10-vear Water Supply Facilities Work Plan" is added to the Potable
Water Sub-Element as Exhibit 1.
The proposed amendments are summarized below by element. In addition, several
amendments to address the Water Supply Facilities Work Plan (VVSF\^lP) were
proposed in the recently-transmitted EAR-based Amendments, and will also be
mentioned again.
Please note that the proposed WSFWP-related amendments have been greyed out to
differentiate them from the EAR-based amendments, currently under the Department
of Community Affairs' review. However, for clarity the Plan (Exhibit 1) has not been
marked.
UTILITIES ELEMENT
Potable Water Sub-element
Policy 3.C.2.1 is amended to specify implementation of potable water distribution
system improvements described in the 5-year Capital Improvements Schedule.
Policy 3.C.2.4 is amended to specifically cite implementation of the Water System
Modeling Study as the source for distribution system expansion.
New Policy 3.C.3.2 was previously numbered 3.C.3.7 and has been moved to this
location.
Existing Policy 3.C.3.2 is renumbered Policv 3.C.3.3 and worded to specify utilization of
the water conservation rate to discourage excessive water use.
Existing Policv 3.C.3.3 is removed.
Policy 3.C.3.4 is modified to strengthen language to require Water Wise vegetation for
landscaping in all new development and redevelopment projects and to provide a
deadline for updating the Landscape Code accordingly.
Policy 3.C.3.5 is reworded to require or encourage water saving devices for irrigation
systems and plumbing fixtures.
New Policy 3.C.3.7 cites the Aquifer Storage and Recovery (ASR) program to promote
conservation and increase efficiency of the water system.
Objective 3.C.4 is amended to specify operation of the water system (as opposed to
funding) on a cost for service basis.
New Objective 3.C.7 is added to specifically address implementation of the 10-year
Water Supply Facilities Work Plan (Plan). (All policies under this objective are new.)
Policy 3.C.7.1 addresses maintenance of the Plan through the 10-year planning horizon
and requires updates within 18 months of any update to the Regional Water Supply
Plan (Lower East Coast Water Supply Plan).
Policy 3.C.7.2 requires coordination with the South Florida Water Management District
to assure consistency of the Plan and the LO'lver East Coast Water Supply Plan; and also
requires coordination of the City's water supply planning efforts with all customer-
jurisdictions with regards to population projections and other water demand and
distribution factors.
Policy 3.C.7.3 requires that capital projects for the first five years of the 10-year Plan be
reflected in the Capital Improvements Element.
Policy 3.C.7.4 addresses the City's second ASR well and provides a date certain for
bringing it on line.
Policy 3.C.7.5 requires expansion of the reclaimed water system distribution network.
Policy 3.C.7.6 requires interconnectivity of the two water treatment plants to take
advantage of under-utilized treatment capacity at the East Plant.
Policy 3.C.7.7 requires construction of up to five new Floridan aquifer supply wells by
2010 and retrofitting of the West Water Treatment Plant to treat brackish water.
Lastly, the "lO-year Water Supply Facilities Work Plan" is added to the text of the sub-
element as Exhibit 1.
Sanitary Sewer Sub-element
Policy 3.A.3.3 is modified to acknowledge expansion of the reclaimed water system to
reduce potable water usage for irrigation.
FUTURE LAND USE ELEMENT
Policy 1.1.1 has been modified to specifically address concurrency for potable water,
sanitary sewer, solid waste and stormwater drainage (new Policy 1.1.2 was added to
address concurrency for roadways, recreation and school facilities).
New Policy 1.1.7 is added requiring that applications for all proposed amendments to
the Future Land Use Map include data and analysis to demonstrate that adequate water
supplies and related facilities are available to meet projected growth demands.
Please note that Policy 9.2.2 in the Capital Improvements Element addresses concurrency issues
in greater detail. The page of the ClE, approved January 2, 2008, has been included for your
information.
CONSERVATION ELEMENT
Existing Policy 4.6.5, which is also found as Policv 4.8.5, has been deleted because of the
redundancy.
Existing Policy 4.8.1 currently requires expansion of the reclaimed water system to
reduce potable water demand for irrigation.
Policy 4.8.4 has been removed. The demonstration project has been completed for the
medians of Federal Highway between the C-16 (Boynton) Canal and the north dt\
limits.
Policv 4.8.~ 4 has been modified to reflect that the City continues to utilize information
from the Water Wise publication for distribution and use in site plan review. The Land
Development Regulations are currently being rewritten to incorporate this information.
Policv 4.8.a5 has been modified. The requirement that 50% of site vegetation be taken
from the vegetation listing will continue until the revised Landscape Code is adopted In
2009. Following that landscaping materials will be limited to those classified as "dry"
and "moist" in the publication "Vvaterwise South Florida Landscapes", published by
the South Florida Water Management District (SFWMD), and where possible, plant
selection should emphasize native plants.
INTERGOVERNMENTAL COORDINATION ELEMENT
Objective 8.9 already requires coordination with the South Florida Water Management
District in development of the "ID-year Water Supply Facilities Work Plan". Language
has been added to include coordination on the required updates to the plan.
Policy 8.9.1 is modified to reflect required plan updates.
Existing Policy 8.11.2 currently requires coordination with utility-user local
governments on population projections and levels of service.
S:\Planning\HUDSON\EAR Amendments\ WATER SUPPLY amendments\CC DOCS\OVERVIEW.doc
POTABLE WATER SUB-ELEMENT
Goal3C
I Objective 3C.l
Measurability:
Policy 3C1.1
Policy 3Cl.2
I Policy 3C1.3
Policy 3Cl.4
Policv 3Cl.5
The City shall secure and maintain adequate potable
water treatment and distribution facilities, take steps to
minimize increases in demands, and maintain sufficient
and equitable financing measures to provide services to
potable water system customers.
...^..dcquate 'Vater Supply and Treatment. The City of Boynton
Beach will secure raw water supplies and treatment capabilities
sufficient to meet water demands for existing needs and through
buildout. Buildout needs are estimated to be 32 mgd, measured in
terms of maximum daily flow.
Maintenance of raw water supplies and treatment capabilitIes at Ie-ods
consistent with the objective.
The City shall continue to maintain the Level of Service standard of
200 gallons maximum daily flow per capita of peak population for
water supply and treatment and shall reduce the Level of Service
standard to 175 gpcd by 2013.
The City shall continue to maintain the raw \vater supply
production capacity to meet maximum day demands with the
largest operating well out of service.
The City shall J.cquirc expand and maintain water treatment
facilities that produce potable water of sufficient quality to meet all
applicable Federal and State regulatory requirements.
The City shall ensure that the capacity of the treatment facilities
will be sufficient to provide the standard level of service to the
estimated peak population with the system's largest unit process
out of service. (A unit process is a technical term for a functional set
of equipment in the plant.)
The City shall require that nevv water treatment facilities will be
sized to meet buildout potable water demands, estimated to be 32
mgd, maximum day flow.
City of Boynton Beach
EAR-based Plan Amendments
Amendments 08-1 WS
3-11
Date
Utilities Element
Ordinance No.OS-
Policy 3C.l.6
Policy 3C.l.7
Policy 3C.l.8
Policy 3C.l.9
Policy 3C.l.l0
I Objective 3C.2
Measu rabi Ii ty:
Policy 3C.2.1
I Policy 3C.2.2
Policy 3C.2.3
The City shall require that all new and existing structures connect
to public, regional, or municipal water and wastewater systems
when such systems become available.
The City shall not permit new development with individual private
wells only in area~ not eerved by public '.Nater on lote of more than
one acre..
The City shall require that all City owned water supply wells in the
Boynton Beach service area shall be metered.
The City shall permit no activity that would result In the
degradation or over-utilization of potable water resources.
The City shall continue to protect present and future potable water
wellfield locations identified in the Potable Water Supply Facilities
Work Plan Sub Element to assure that water resources are not
negatively impacted by development, excessive draw down, or
saltwater contamination through implementation of the Palm
Beach County Wellfield Protection Ordinance.
Adequate and Efficient Distribution Facilities. The City of
Boynton Beach will provide distribution services to its potable
water customers that are adequate to meet flow levels projected
in the City's Water System Modeling Study. ,.vater master plans.
Number of potable water system __I improvements made
consistent with the objective.
lement the capital improvements
described in the
The City shall continue to develop an annual maintenance progmm
""Thid: will identify and prioritize system needs for renewal,
replacement, and betterment. Capital improvements considered
necessary to maintain the system in good working condition will be
made on a timely basis.
The City shall ensure that new distribution facilities will be sized to
meet build out conditions, including redevelopment.
City of Boynton Beach
EAR-based Plan Amendments
Amendments 08-1 WS
3-12
Date:
Utilities Element
Ordinance No.08-
I Policy 3C2.4
Policy 3C2.5
Objective 3C.3
Measurability:
Policy 3C3.1
Policy 3C3.7.2
I Policy 3C.3~2
The Cit shall continue to u date andi~plement the
. ,-for ~~Itt
expansion as needed based upon development and projected
growth.
By~ 2013, the City shall replace sub-standard water lines in the
area east of Interstate 95 and south of the Boynton Canal.
"Vater Conservation. The City of Boynton Beach will continue to
consider options to implement water conservation such as rate
~~''t.~'1~~~f'.~~%''.~~i~;'!~_'''~~(f~::'' '::'<',::":'::'
str?~!1.l:res, aquifer storage and recovery, ~1~tt!ifi~if1;l. reuse and
et'tif~tiilift.
Number of options considered and implemented.
The City shall continue to annually advise water users in Boynton
Beach, during the dry season, to reduce potable water usage for
landscape irrigation, and to properly time irrigation activities.
The City shall continue ','later uce allocation for emergency drought
to Q','oid irreversible impQct on ecological systems ;:n:d minimize
lor..g term adverse impacts on ;:(11 sectors ir.. Qccord;:(nce '.'lith the
The shall continue to utilize a water
discourage excessive water use. Conservation
will be further encouraged by using potable water flows in the
development of sanitary sewer charges.
Policy 3C.3.4
Policy 3C.3.5
The City shall continue to encourage uses of non-potable water,
including groundwater and treated waste,.vater effluent, for
landscape irrigation where possible. (See Policy 3A.3.3).
The City shall continue to require xeriscQping Water
',' ".-,'::':\:::;:-.',',-:-::-' -"">:<--:':.: -',..:~':Y7'f"_""?'''''~i:';0:r:''>,\':--r:~;''~.liin.\,\~-_;r,'~:-",':_'::,":-."';::'_,'c:':~~r:::7~:<:::'7'-"
Wise.L1'1.fx'q:Vc vegetation for landscaping, ~etf~~~!!~~~~~,~!~~;;i,~:Ill
City of Boynton Beach
EAR-based Plan Amendments
Amendments 08-1 WS
3-13
Date:
Utilities Element
Ordinance No. Of'-
Policy 3C.3.6
The Ci~~,~~ll continue to mp~Ai;;~plfli~;~~m~if~~;i\l~
encoura~i~ the use of water saving devices F:0l':; irrigation
systems~ and plumbing fixtures in the City's service area.
Policy 3C.3.7
Objective 3C4
Measurability:
Policy 3C.4.1
Policy 3C.4.2
Thc City shall contir'cuc ',"atcr uec allocation for cmcrgcncy drought
to avoid irrc','croiblc impact on ccological oyotema and minimizc
lor..g tcrm advcrec impacte on all acctore ir.. accordancc with the
Equitable Financing of System Impr?vements and Operations.
The City of Boynton Beach will lIB BJ_i potable water
system iI1IIr.~ capital improvements, replacement
and rehabilitation, and operation and maintenance costs ~
are borne by system customers on the basis of the
Number of capital improvements to the potable water system fincanced
'with enterprise funds.
The City shall continue to operate the potable water system as an
enterprise, such that all costs will be borne by water utility
customers, and revenues will be used for the benefit of those
customers. The rate schedule for water services will be based on
public utility cost-of-service principles.
The City shall continue to require that costs for the extension of
service to new customers will be borne to the maximum extent
possible by those new customers through a capital facilities charge
and connection charge system.
City of Boynton Beach
EAR-based Plan Amendments
Amendments 08-1 WS
3-14
Date:
Utilities Element
Ordinance No.08-
Policy 3C4.3
Policy 3C4.4
I Objective 3C.S
Measurability:
Policy 3C5.1
Policy 3C5.2
Policy 3C5.3
Objective 3C.6
Measurability:
The City shall continue to maintain a reserve fund for routine
system renewal and replacement at a level equal to $1,000,000 for
water, wastewater and stormwater 1')0 pcrccnt of thc prC':ious
rectr's cxpcl"'cditurcs for thesc purposes ,or at the level required bv
bond covenants, whichever is greater. Renc',"'.:ll, rcpbccmcl"'ct, .:lnd
imprO'.Tmcl"'ct .:lCCOUl"'ct rcquircmcl"'ct shall mcan .:In .:lmount equal to
six pcrccnt of thc rCT.'cnue for the procccding fiscal YC.:lr or ~;uch
grcatcr or lesser amounts, as ma)' bc .:lnnualIy rccommcndcd by the
consulting cnginccr.
The City shall continue to require that new developments install
water lines according to City specifications in order to receive
development approval. The new lines will in most cases be deeded
to the City.
. - --- ::.:::":~'-",,-,~:' ::"':-'::'.":_;",':::'" :t,'>. -::'.-:;:':::':;_:\:;::':''';;'f':':'~:::''---:---::,:'"',,:i:: ::- "\:;".:: :.-:'::':'.:'::,'-.:---.-.,.'.,,_\.:. :::i':'-'::':':,"._' ';";::".
I),~q~t~~~i~.~~.~~~.~.~~~t~~1. The City will continue to prevent
urban sprawl by requiring orderly, compact development of the
potable water service area as it approaches buildout.
Expansion of the potable water service area only when consistent with the
objective.
The City shall continue to encourage infill development and
redevelopment only in areas presently served adequately LW
potable water facilities.
The City shall only extend potable water facilities through the
service area in a systematic fashion. Services will not be extended
more than fwe-one miles to ensure service within the franchise
area.
The City shall continue to discourage urban sprawl by reqUlrIng
new development to pay the full cost of extending potable water
facilities. Thus, the development of remote parts of the service area
will be more expensive than compact development.
The City shall continue to implement a program to eliminate
existing deficiencies according to the schedule presented in the
Capital Improvements Element.
Number of projects in the Capital Improvements Schedule consistent ll'l th
the objective.
City of Boynton Beach
EAR-based Plan Amendments
Amendments 08-1 WS
3-Ei
Date:
Utilities Element
Ordinance No 08-
Policy 3C.6.1
The City shall continue to make priorities for replacement,
correcting existing deficiencies, and providing for future needs
according to need. The need shall be determined by the Utilities
Department through a master planning process. The priorities shall
be reflected in the Capital Improvements Element such that the
improvements needed first shall be implemented first, in order to
provide the standard level of service.
Obje~tive.."3C.'"1...
City of Boynton Beach
EAR-based Plan Amendments
Amendments 08-1 WS
3-16
Date:
Utilities Element
Ordinance No.08-
Policy 3.C.7.5
City of Boynton Beach
EAR-based Plan Amendments
Amendments 08-1 WS
3-17
Date:
Utilities Element
Ordinance No.08-
CITY OF BOYNTON BEACH
to-YEAR WATER SUPPLY FACILITIES WORK PLAN
APRIL 2008
BROWN AND CADWELL
TABLE OF CONTENTS
LIST OF FIGURES .......... ................................... ............ .................................................................... ....
LIST OF TABLES.......... .................. ......... ........................ .................. ................... .................................
1. INTRODUCTION ...... ....... ... ....... ... ...... ............... ............ ... ... ... ..... .... ........ ............ ................. ... ........
2. VVATER SERVICE AREA BOUNDARIES ....................................................................................
2.1 City of Boynton Beach Potable Service Area Boundary.....................................................
2.1.1 Areas Served Outside of Local Jurisdiction................................................................
2.2 City of Boynton Beach Reuse Service Area Boundary........................................................
2.3 City of Boynton Beach Self Supplied Systems .....................................................................
3. WATER SUPPLY FACILITIES ........................................................................................................ t~
3.1 Existing Water Supply Facilities ............................................................................................ h
3.1.1 Surficial Wells ................................. ....... ....... ................. .............. .................... ................... ()
3.1.2 Aquifer Storage and Reeo'very .................... .......................... ..............................,. ......., (~
3.1.3 Reuse ............. ... ..... .............. ......... .... ........ ...... ... ........... .., ,., ........... ...... ....,........ ...,. ,_... ..", ~ ;;.,~
3.1.4 Bulk User Agreement ......................... ......... ......................................................... .......... G
3.1.5 Other User Agreements.. ....... ..... ... ......" ....'.> ..... .......... ... ......... ............ ....."...,................, ,~;
3.2 Water Treatment and Storage Facilities ................................................................................
3.2.1 East Water Treatment Plant .................. ................................................................ ........ ] i!
3.2.2 V\Test Water Treatment Plant.............. .................... ..........................................,...... ...... ll)
3.2.3 Water Storage Facilities ............................................................................................... .
3.3 Water Dish-ibution Facilities .......... ....... ... ..................... ........................ ...... .............................
3.4 Summary......... ............................................................................... ............ ................................
4. POPULATION AND WATER DEMAND PROJECTIONS.......................................................... !'
4.1 Historical Population..... ........ ........... ........... ............. ...... ..... ........... ........................... ............,..., 1 ("1
4.2 Population Projections for City of Boynton Beach Service Area ........................................ n
4.3 Historical Water Use. .................. ........................ ...... .......... ................................ ............... ........
4.4 Water Demand Projections........... ........... ..................... ........ ............. .................................... j l'
4.5 Water Conservation ...... ..... ............ ..................................... ............................. ...........................21
5. WATER SUPPLY PROJECTS.... ....................................................................... ..... ............. .............. 2::.'
5.1 Water Supply Projects.. ........ ............ ... ..... ........ ...... ....... ................. ...... .....................................22
5.1.1 Aquifer Storage and Recovery (ASR) Well 2 (2009/ 3 MGD Alternative Supply) 2"'
5.1.2 Expansion of Reuse Water Systems Project (2010 / 0.5 MGD demand offset)........ 2'"
5.1.3 WelIfield Interconnection Project (2012 / 7.3 MGD - Wet Season) ......................... 24
5.1.4 Construction of up to 5 New Floridan Aquifer Supply Wells Project (2012-
Combined with Project 5.1.5)........ ...... ........................................................................... 25
5.1.5 Retrofit West Water Treatment Plant to Treat Brackish Water from the Upper
Floridan Aquifer (2012 / 5 MGD) ............................................... ........... .... .......);;
5.2 Water Supply - Demand Analysis ................................................................. ............... . 21'
5.3 Conclusion............. ...... .... ................................... ........................ .;............ .................. ..................26
APPENDIX A............... ...................................... .............. ........ ................ ....... .............................. ......... AA
Water Supply Project Schedules .......................................... .................... ............... ........................ AA
LIST OF FIGURES
Figure 2-1. Water System Service Area
Figure 2-2. Existing and Proposed Reuse Water Corridor
Figure 3-1. Distribution System and Interconnections
Figure 5-1. Projected Water Supply and Demand, Wet Season
Figure 5-2. Projected Water Supply and Demand, Dry Season
LIST OF TABLES
Table 3-1. East WelIfield Wells
Table 3-2. West WelIfield Wells
Table 3-3. Current Reclaimed Water Users
Table 3-4. Phase I Reclaimed Water Users
Table 3-5. Distribution System Interconnections
Table 3-6; 2008 - Average Day Potable Water Production Capabilities
Table 4-1. Historical Population for City of Boynton Beach
Table 4-2. Population Projections for City of Boynton Beach Service Area
Table 4-3. Projected Service Area Population Growth
Table 4-4. City of Boynton Beach Past Water Use (2000-2007)
Table 4-5. Water Demand Projections for City of Boynton Beach Service Area
Table 4-6. Projected Water Demand by Municipality Served
Table 5-1. Summary of Expansion of Reuse Water System Project
Table 5-2. Summary of Wellfield Interconnection Project
Table 5-3. Summary of Construction of up to 5 New Floridan Aquifer Supply Wells Project
Table 5-4. Summary of West Water Treatment Plant Re-Design and Modification to Treat
Brackish Water Project
Table 5-5. Water Supply vs. Water Demand, Average Day - Dry Period
Table 5-6. Water Supply vs. Water Demand, Average Day - Wet Period
Table 5-7. Potable Water Supply-Demand Analysis
1. INTRODUCTION
The City of Boynton Beach (City) provides potable water to its residents and to an extended
service area of customers in a dedicated water service area. The City's Utilities Department is
charged with producing, treating and distributing drinking water within this service area. The
service area consists of the City of Boynton Beach, portions of unincorporated Palm Beach
County, the Village of Hypoluxo, and the Towns of Ocean Ridge and Briny Breezes. The total
population served by the Utilities Department is approximately 100,000 customers.
'1.'l Purpose and Objectives
The purpose of this Water Supply Facilities Work Plan is to summarize the City's water supply'
systems and to provide a plan for implementing improvements to meet future potable water
demand. These improvements may include the implementation of projects utilizing traditional
(surficial aquifer system) and alternative water sources, bulk sales and conservation to meet the
existing and future water demands. All or portions of this document will be included in the
City's Comprehensive Plan to ensure internal consistency and document the City's water
planning process.
This Water Supply Facilities Work Plan was prepared in cooperation with the City of Boynton
Beach Planning and Zoning Department and those of Palm Beach County, the Village of
Hypoluxo and the Towns of Ocean Ridge and Briny Breezes. Population data and future land
use was coordinated to ensure that future water demand will be met with the projects identified
in this report.
This Water Supply Facilities Plan includes the following sections:
· Section 2 - Water Service Area Boundaries - this section summarizes and illush"ates the
service area served by the City of Boynton Beach and the locations of self served systems
within the service area boundary.
· Section 3 - Existing Water Supply Facilities - this section itemizes the components of
the water supply facilities for the City including water production, treatment, storage
and distribution. This section documents the quantity of water that the City can
produce and the limitations based on the existing facilities and permits. In addition to
potable water supplies, this section also addresses re-use water and water from other
sources.
· Section 4 - Population and Water Demand Projections - this section presents the
population projections for the City, summarizes the conservation and reuse programs,
discusses projected per capita usage and projects future water demand. An analysis is
also performed to compare water supply and demand to identify potential deficiencies
· Section 5 - Proposed Water Supply Projects - this section summarizes proposed water
supply projects that the City plans to implement to address deficiencies in water supph.
This section addresses project descriptions, schedules, budgets and funding sources.
This Work Plan will be revised within 18 months after the SFWMD approves updates to the
LEC Regional Water Supply Plan. This current modification addresses updates to the plan
that was adopted on February 15, 2007.
- 1 -
2. WATER SERVICE AREA BOUNDARIES
This section presents a description of the City of Boynton Beach's potable water and reuse
service area boundaries.
2.1 City of Boynton Beach Potable Service Area Boundary
The City's potable water service area is shown in Figure 2-1. The potable water service area is
approximately 16,066 acres of which roughly 10,160 acres are within the municipality of
Boynton Beach. The approximate boundaries of the City of Boynton Beach are Hypoluxo Road
to the north, the Lake Worth Drainage District (LWDD) L-30 Canal to the south, the LWDD E-3
Canal to the West and the Intra Costal Water Way to the east. The approximate population
served within the City of Boynton Beach is 67,885.
2.1.1 Areas Served Outside of Local Jurisdiction
The City's water utility also serves portions of unincorporated Palm Beach County, as well as
the Town of Briny Breezes, the Town of Ocean Ridge, and parts of the Village of Hypoluxo. The
potable water service area extends roughly form Hypoluxo Road south to the City of Delray
Beach from the Atlantic Ocean west to the E-3 Canal west of Military Trail. Roughly one-third
of the City's service area (5,906 acres) and one third of the population (33,598) lie outside the
jurisdictional limits of the City of Boynton Beach.
2.2 City of Boynton Beach Reuse Service Area Boundary
The City of Boynton Beach distributes a portion of the re-use water produced by the South-
Central Water Reclamation Facility (SCRWRF) to customers within its water service area. The
SCRWRF is jointly owned and operated by the Cities of Boynton Beach and Delray Beach. The
reuse water is also jointly shared between the two municipalities. Currently, reuse water is
conveyed into Boynton Beach along a single corridor along Congress A venue. This line serves a
number of public and private facilities (discussed in Section 3) and terminates at Woolbright
Road Gust west of Congress Avenue). It is anticipated that the "reuse service area" will be
expanded in the near future. Plans to extend the reuse line along Golf Road, Seacreast A venue,
Woolbright Road and Federal Highway (to Boynton Beach Boulevard) are currently being
implemented. Figure 2-2 illustrates the existing and proposed expansions to the reuse
distribution system. Existing and future end users, along with anticipated average volume of
reuse water consumed is discussed in Section 3.1.3.
?~
-.-')
City of Boynton Beach Self Supplied Systems
The City of Boynton Beach has identified two communities within the prescribed Water Service
Area that are self supplied. These communities include the following:
. Royal Manor Estates Trailer Park - this is a small private water supply system serving
approximately 700 people. Per capita usage is projected to be 85 gallons per day. Royal
Manor Estates operates under Consumptive Use Permit #50-03348-W which was issued
by SFWMD on October 5th 1994.
. Colonial Estates Trailer Park - this is a small private water supply system serving
approximately 635 people. Per capita usage is projected to be 46 gallons per day.
- 2 -
Colonial Estates Trailer Park operates under Consumptive Use Permit # 88-00083-W
which was issued by SFWMD on March 17th 1988.
Figure 2-1 illush'ates the locations of Royal Manor Estates and Colonial Estates. No other self
supplied systems are known to operate within Boynton Beaches' VVater Service Area.
- 3 -
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CITY BOUNDARIES
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City of Boynton Beach
10 Year Water Supply Plan
FIGURE 2-1
N
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Date: 2/11/2008
Pro' eet: 134527
Scale: 1" = 100'
1475 Cen/repark Blvd..
Suite 210
West Palm Beach, Florida 33401
Tel. (561) 684-3456
Fax. (561) 684-9902
Prepared for:
City of Boynton Beach
Utilities Department
Water System Service Area
Note: GIS data provided by
City of Boynton Beach
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City of Boynton Beach
10 Year Water Supply Plan
FIGURE 2-2
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Wf\r E
Date: 211112008
Pro 'ect: 134527
Scale: 1" = 100'
1475 Centrepark Blvd
SUite 210
West Palm Beach, F/onda 33401
Tel (561) 684.3456
Fax (561) 684.9902
Prepared for:
City of Boynton Beach
Utilities Department
Existing and Proposed
Reuse Water Corridor
Note: GIS data provided D\
City of Boynton Beach
r
o 25 50
~-
100
,Feet
3. WATER SUPPLY FACILITIES
3.1 Existing Water Supply Facilities
The City of Boynton Beach provides potable water for the residents of its service area from
conventional and alternative water sources. The City operates two Surficial aquifer well fields,
two water treatment plants, two Aquifer Storage and Recovery (ASR) wells, five storage
facilities, a reclaimed water distribution system and over 315 miles of potable water distribution
mains. Although the entire water system is interconnected through the distribution system,
raw water can not be shared between the City's wellfields or water treatment plants. A
complete system integration (including direct communication and transfer of raw water
between the East and West Water Treatment Plants and Wellfields) is proposed as part of this
plan.
This section discusses the current permitted capacity of the production, treatment and
distribution systems.
::',,1.] Surficial Wells
The City of Boynton Beach water supply system is comprised of two major wellfields, the East
Wellfield and the West Wellfield. The East Wellfield contains a total of twenty wells, nineteen
of which are operational. Table 3-1 provides the well construction and operational details. The
West Wel1field contains a total of eleven wells, which are all operational. Table 3-2 provides
construction and operational details. The existing water supplies serving these two wellfields
originate from the Surficial Aquifer System which occurs just below land surface and extends to
a depth of approximately 250 feet.
lE Operational 8 54 115
2E Operational 8 60 87
3E Abandoned 8 62 850
6E Operational 12 76 550
7E Operational 12 74 500
8E Operational 12 70 500
9E Operational 12 103 700
10E Operational 16 104 1000
11E Operational 16 104 1100
12E Operational 16 125 1100
BE Operational 16 75 1100
14E Operational 16 273 1100
15E Operational 12 233 700
16E Operational 12 233 700
17E Operational 12 201 500
- 6 -
Operational
19E Operational 12 205
20E Operational 12 203 500
21E Operational 12 203 500
22E Operational 12 203 500
4W
16
159
1500
5W Operational i 16 150 1500
6W Operational I 16 161 1500
I
I -----_..0
7vV I Operational 16 161 1500
I i I
8W Operational 16 : 151 i 1500
I I ----
9W Operational 16 167 1500
JOW Operational I 16 160 1500
!
l1W Operational 16 I 153 1500
i I
12W Operational I 16 ! 163 1500
I I
I , -
I
13V\
Operational
30
23:J
1500
Water consumption within the City is governed by Consumptive Use Permit 50-00499-W. The
permit was issued by the South Florida Water Management District in August 15,2003 and ,viII
expire on August 14, 2010. Although the City has operational capacity to pump over 27,000
gallons per minute, production is limited by a number of "Limiting Conditions" contained in
the CUP.
Specific limitations include the following:
· Annual Allocation shall not exceed 7844 MG (21.5 MGD)
· Monthlv allocation shall not exceed 741.1 MG (24.7 MGD)
· Monthly allocation from the East Well Field shall not exceed 240 MG (8 MGD)
· Upon completion of the proposed RO treatment facility (on or before July 1, 2008) the
City shall limit the dry season withdrawal from the Biscayne Aquifer wells (January
through May) to 2325 MG (less than 465 MG/month). During the wet season (June
through December) withdrawal may be increased to 5522 MG (less than 771
MG/month)
- 7 -
3.1.2 Aquifer Storage and Recovery
The City's East Plant is the site of an existing operational Aquifer Storage and Recovery (ASR)
well. The existing well is approximately 835 feet deep and is used to store excess treated
potable water. During the wet season excess water from the Surficial Aquifer is treated and
stored in the ASR well. During the dry season, water is pumped from the ASR to supplement
water from the Surficial aquifer. Typically, the existing ASR well will store up to 150 million
gallons (MG). When the well has been recharged, the City uses the wen on a daily basis (at a
recovery rate of up to 2 mgd) to supplement Surficial aquifer supplies. A second ASR well has
also been constructed at the City's East Water Treatment Plant. The wen was completed in
2006. The City submitted a permit application to the Florida Department of Environmental
Protection in September 2007. It is anticipated that the well will not begin a recharge cycle until
at least June 2008 with potential recovery during early 2009. ASR-2 was constructed to operate
at 4 mgd bringing the total ASR capacity to 6 mgd. It has not been confirmed whether the well
will operate at this level. Additionally, with increased regulation on the Surficial aquifer, the
City may need to transport water from the Western Wellfield to recharge the well.
3.1.3 Reuse
The City of Boynton Beach is served by the South Central Regional Wastewater Treatment and
Disposal Board (SCRWTDB), which was founded in 1974. The facility is operated under an
inter local agreement between the Cities of Boynton Beach and Delray Beach to treat and dispose
of sanitary wastewater. The South Central Regional Wastewater Reclamation Facility
(SCRWRF) currently has a treatment capacity of 24 MGD and provides secondary treatment
with flow equalization through an ocean outfall between the two cities. The SCRWRF also
provides tertiary treatment of up to 10 MGD of flow for reclaimed water use for irrigation. The
reuse water is used on-site and in the two cities for irrigation of golf courses and green spaces.
The plant is currently undergoing an expansion to increase its reclaimed treatment and
pumping capacity to 16 MGD.
1 Country Club of Florida 900,000
2 Quail Ridge Home Owners' Assoc. 2,090,000
3 Quail Ridge Country Club 1,600,000
4 Pine Tree 800,000
5 Delray Dunes 800,000
6 Hunters Run Country Club 500,000
Total 6,690,000
Six end users adjacent to or within the City's Water Service Area are currently accepting
approximately 6.7 MGD of reclaimed water. Reuse is not currently mandated in the City's CUP
and most of the water is not a direct off-set of potable water usage. Each of the six users had
water use permits to provide irrigation water for their respective golf courses. Although this
water does not reduce potable demand, it has reduced demand on the regional system
- 8 -
withdrawals by 6.7 MGD. Table 3-3 contains a list of users currently receiving reuse water
along with average daily usage.
A corridor analysis has recently been completed and a design is being prepared to extend the
reuse distribution force main within Boynton Beach. The goal of this program will to offset
potable water usage and to dispose of the water in an environmentally acceptable manner. It is
anticipated that Phase I expansion of the Reclaimed water system will come on line by 2010.
This will reduce potable water demand (currently being used for irrigation) by approximatel,'
0.5 MGD. Table 3-4 summarizes the end users that will be incorporated into the Phase I
expansion of the reclaimed water system. It is estimated that 50% of the reuse water will offset
demand on the potable water system.
:5
Bethesda Services
[ CaJoosa Park
, South Techrucal Education Center
Congress Avenue Park
I Cl'Osspointe Elementary School
Highpoint ReSIdential
Boynton Beach East Water Treatment Plant
Boynton Beach Cemetery
I Little League Park
I Forest Park Elementary
I Snug Harbour
Sterling Village
Pence Park
Boynton Beach Civic Center! Administrative Campus
Total Average Daily Flow
124.530
154.207
6
7
8
9
10
11
41.000
107,000
182,000
4,000
70,000
49,000
47,000
34.000
12
13
14
77,000
-~--I
15,000
43.()(J0
965,637
').1.4 Bulk User /\grcement
The City entered into agreement with Palm Beach County on December 21, 2004, for the
purchase and sale of bulk potable water. On October 2nd 2007 the Board of County
Commissioners approved the First Amendment to the Interlocal agreement between Palm
Beach County and the City for the purchase and sale of bulk potable water. Copies of the above
agreement and amendment are enclosed in Appendix A. The agreement includes the purchase
of 1 MGD of firm capacity from Palm Beach County Water Utilities Department and provides
the City with the flexibility to purchase an additional 4 MGD as needed. The duration on the
optional 4 MGD will extend through 2012. Water purchased from Palm Beach County ,,,,ill bE'
integrated into the City's distribution system to supplement available water for the entire
serVice area.
,C:;.].5 Other User /\greements
111e City of Boynton Beach has identified one additional geographic area within the City's
\oVater Service Area that receives water from sources other than the City. \oVhispering Pines
Trailer Park is located on Gateway Boulevard beh.veen Lawrence Road and Military Trail. 1110'
- 9 -
community has a population of approximately 300 people and has water provided through an
agreement with the Town of Lake Clark Shores. The Town of Lake Clark Shores provides water
to Whispering Pines through a bulk user agreement with the City of Lake Worth's water
system. The Town of Lake Clark Shores was contacted during the development of this Water
Supply Plan and is aware of their commihnent to supply water to 'Whispering Pines Trailer
Park. In addition, the Town is in the process of preparing a Water Supply Facilities Work Plan
and will indicate that they have sufficient water to meet Town demand (including Whispering
Pines Trailer Park C) through 2018.
3.2 Water Treatment and Storage Facilities
The City of Boynton Beach supplies water from two water treahnent facilities including the East
and West Water Treatment Plants. Although the system is interconnected by the finished water
distribution system, there is not direct linkage between the City's water treatment plants or
between the two wellfields. In order to maintain sustainable operation, both plants must be
operational.
3.2.1 East Water Treatment Plant
The City's East Water Treatment plant is located at 124 East Woolbright Road and uses
conventional lime softening to treat water from the East We1Ifield. The location of the East
Water Treatment Plant is illustrated in Figure 3-1. The plant was originally constructed in 1963
and expanded in 1978. The Plant is currently rated by the Palm Beach County Health Unit
(PBCHU) and the Florida Department of Environmental Protection at 19.2 MGD. Plant output,
however, is limited by the amount of raw water available from the existing Surficial wellfield
supply. The PBCHU currently considers that extraction from the Surficial wellfield is limited to
a maximum of 12 MGD based on the capacity of existing equipment. The South Florida Water
Management District (SFWMD), however, limits the amount of water available to this plant
from the existing Surficial well field to 240 MG per month (8 MGD). The East Plant also has an
ASR well that can provide an additional 2 MGD of capacity. During periods of exceptional
water demand, the East Water Treatment Plant can produce nearly one million gallons per hour
through a combination of Surficial aquifer wells, ASR and storage. A second ASR well (ASR-2)
is planned to come on line in 2009. This well is discussed later in the report.
3.2.2 West VVater Treahnent Plant
The City's West Water Treatment Plant is located west of the City on Boynton Beach Boulevard
just east of the Lake Worth Water Management District's E-4 Canal. The location of the West
Water Treatment Plant is illustrated in Figure 3-1. The plant was built in 1993 and utilizes nano
filtration or membrane softening to treat water from the Surficial (Biscayne) aquifer water. The
membrane softening process reduces hardness and total organic carbon content. The plant was
recently re-rated to a capacity of lOA MGD and with a treatment efficiency of 85-percent. In
addition to the permeate, the West Water Treahnent Plant is permitted to blend up to 1.7 MGD
(up to 20%) of filtered water from the Surficial aquifer with the membrane plant
throughput. The combined output (up to lOA MGD of finished water) results from
approximately 11.9 MGD of raw water.
- 10 -
3.2.3 VVater Storage Facilities
The City has a variety of water storage facilities to meet the needs of the community. At the
East Water Plant there is a clearwell beneath the filter building. The clearwell is approximately
10-feet deep and stores up to 1.2 MG of finished water prior to distribution. In addition, there is
also a 1.5 MG elevated concrete water storage tank at the East Water Treatment Plant. The
elevated tank is approximately 165 feet tall and helps maintain system pressure.
The City has three concrete ground storage tanks with a combined capacity of 7 Me. The tanks
include the following:
· 3 MG tank located at the West Water Treatment Plant - The tanks is used for blending
water purchased from Palm Beach County Utilities. This storage tank also helps achieve
the chlorine contact time required fro proper disinfection of the water treated at this
location.
· 3 MG tank located on Minor Road between Congress A venue and Lawrence Road - This
tank is used to balance water production and peak demand.
· 1 MG tank located west of Congress Avenue on Woolbright Road - This tank is used to
balance water production and peak demand.
- 11 -
[
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BROWl\' AND
CALDWELL
1475 OentrePark Bl'Vd..
9uiu 210
1fe1lt ptiJ.aJ Beach, Florida 33401
T~: (581) 8lU-3466
Fax: (661) 6lU-f/90e
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STORAGE AND
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Legend
(0- Palm Beach Interconnect 1
2 - Palm Beach Interconnect 2
3 - Lantana Interconnect 1
4 - Lantana Interconnect 2
5 . City of Del ray Beach 1
. - City of Del ray Beach 2
- Gulfstream Interconnect 1
, - Village of Golf Interconnect 1
w - West WTP
E - East WTP
City of Boynton Beach 10
Year Water Supply Plan
L
+
FIGURE 3-1
Prepared for:
City of Boynton Beach Utilities
Department
Distribution System
Interconnections
1500
FEET
Note: GIS data provided by City
of Boynton Beach and Palm
Beach County
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Original Piping
Color Coding Legend:
Diameter (in)
.6.0
.8.0
.10.0
.12.0
.14.0
.16.0
.20.0
.24.0
.30.0
- 42.0
Date: 2/14/2008
Project: 134527
Scale: 1" = 3000'
3000
Figure 3-1 illustrates the locations of the two water treatment plants and the two remote ground
storage tanks. It is anticipated that an additional 1.5 MG of storage will be added to the system
by 2010 to meet FDEP peak hour storage requirements. The new storage and pumping facility
will most probably be located in the north-east quadrant of the City.
3.3 \Nater Distribution Facilities
The water distribution system has over 315 miles of water mains (see Figure 3-1). The largest
main is 42-inches in diameter and serves as the discharge of the West Water Treatment Plant.
This main divides into two 30-inch lines which support the western grid and eventually the
entire network. The East Plant has 30-inch and 24-inch mains leaving the site. On the east side
of the City, the largest mains run north and south and are on or near First Street and also
Seacrest Boulevard. These mains are 23-inch and 20-inch at Woolbright Road, and other major
arteries that constitute the backbone of the water pipe network.
The existing water mains are constructed of a variety of materials and are up to 50 years old.
Most new mains are ductile iron, but some C-900 PVC has been used east of Us. 1 on a limited
basis in areas that may be subject to aggressive and salty soil conditions. There are also small
sections of HDPE pipe. One section of HDPE pipe is owned by the Town of Ocean Ridge and
functions as the northern intracoastal connection from Boynton Beach to Ocean Ridge. The pipe
system in the Town of Ocean Ridge is owned by the Town, but the City provides the water,
owns and reads the meters, and provides some reimbursable maintenance and water quality
services for the Town system. There is also HDPE pipe on the south end of Seacrest Boulevard
where the City utilized a directional driller to install pipes to reduce the disruption of traffic on
this busy thoroughfare.
The City currently has emergency interconnect agreements with Palm Beach County, the City of
Delray Beach, the Town of Gulfstream, the Village of Golf, and the Town of Lantana.
12" pipe w / 8" meter
Palm Beach Interconnect
2
Flavor Piet Road west of
Military Trail
Hypoluxo and Seacrest
HypoluxojSan Castle
South Swinton Avenue
South Lake Drive-Lake Ida-1
i
2
12" pIpe w / 8" meter
Lantana Interconnect 1
Lantana Interconnect 2
3
4
6" meter
6" meter
City of Delray Beach
City of Delray Beach
T own of Gulfstream (one
way feed only)
5
6" meter
6
6" meter
AlA-little Club
6" meter
Village of Golf
Military Trail and Woolbright
Road
8
8" meter
The agreement with Palm Beach County Utilities is a five year agreement to provide betvveen
two to five MGD to the City as supplemental supply. This supply is mixed with City water at
the West Water Plant and re-pumped into the City system. There is a second interconnection
- 13 -
with the County at Flavor Pict Road if additional water is required. These interconnections
allow the City to supply or receive water from the County in the event of an emergency on their
system.
The other named interconnects are for emergency or maintenance needs only and the pipes are
valved and normally closed. They are opened only at the direction of Directors from both
entities and/ or their designees. The interconnections are metered to measure and invoice the
flow of water.
The location of these interconnects are listed in Table 3-5 and shown in Figure 3-1.
3.4 Summary
The City of Boynton Beach produces water from a number of different sources. This summary
presents existing potable water available from the various sources under the existing regulatory
environment. Table 3-6 summarizes the existing capacity of the City to produce water under
both the wet and dry seasons. This data is revisited in Section 5 to discuss the adequacy of
supply to meet projected demands.
- 14 -
Wellfield Installed Capacity
(MGD)
East WeIlfield
West WeIlfield
Combined
Wet Season (June - December) Dry Season (January - May)
17.6 17.6
D.7 ~.7
41.3 41.3
Regulated Wellfield Capacity
(MGD)
East WeIlfield [a]
West WeIlfield
Combined [b]
8.0 8.0
17.7 7.5
25.7 15.5
Treatment Plant Capacity (MGD)
[c]
East WTP
West WTP [d]
Combined
8.0 8.0
10.4 6.6
18.4 14.6
Aquifer Storage and Recover
(ASR)
-2.0 l 2.0
-3.0 i 3.0
I
i
5.0 5.0
18.4 14.6
ASR-1 (MGD) [e]
ASR-2 (MGD) [f]
Bulk Water Purchases from PBC
(MGD) [g]
Potable Water Available (MGD)
Notes:
[a] - East Wellfield withdrawal !inuted to 8.0 MGD
[b] - Combined Surficial aquifer vvithdrawal !irruted to 15.5 MGD (dry season) / 25.7 MGD (wet season)
[c] - Plant capacity represents the lesser of h'eahnent plant capacity or regulated wellfield capacitv
[d] - Represents 85% membrane efficiency plus 20% of unfiltered water
[e] - ASR well requires recharge during wet season resulting in a negative water availability
[f] - ASR-2 is proposed to come on line in 2009.
[g] - Bulk Purchase from Palm Beach County Water Utilities Department -:; MGD through 2012
MGD - million gallons per day
- 15 -
4. POPULATION AND WATER DEMAND PROJECTIONS
This section provides historical and projected population projections from the year 2000
through 2025 for the City of Boynton Beach service area. Population projections for the City
and the City's water service area come from two sources: Palm Beach County Planning Division'
and the Metropolitan Center of the Florida International University. The Palm Beach County
arrives at the municipal projection figures by disaggregating county-level forecasts produced by
the Bureau of Economic and Business Analysis of the University of Florida.
4.1 I-listorkaI Population
Historical populations for the City of Boynton Beach are shown in Table 4-1 in one year
increments from the ear 2000 throu h 2007.
% Annual Increase
2.8%
65,208
1.0%
65,601
67,071 66,872
Population 2000-2007 60,389 61,816
62,847
64,593
2.4%
1.7%
0.6%
2.2%
-0.3%
Notes:
[a] - Source of City's population figures 2000-2007: U.s. Census 2000 and estimates by University of Florida's Bureau
of Economic and Business Analysis.
[b] - Average annual population increase during 2000-2007 period: 1.47%
In 2007 Boynton Beach population fell by 0.3%. As other municipalities in the Palm Beach
County either lost population or experienced flat growth, and the Palm Beach County School
District student enrollment fell for the second straight year, the small population loss by the
City appears to be a part of a general trend.
4.2 Population Projections for City of Boynton Beach Service Area
Projected populations for the City of Boynton Beach and the municipalities that make up the
service area are shown in Table 4-2 in one year increments from the year 2008 through 2025.
Given the prolonged downturn in residential markets and the overall economic climate, the
population growth over the next 5 years is likely to be weaker than previously thought, and the
population projections for this period have to be adjusted slightly downward from the
Metropolitan Center of FlU projections. Since the 2000 Census, the City grew on average about
1.5% per year. Staff used this annual increase to produce a short-term, 5-year adjustment to the
population projections.
The adjusted 5-year population projections are used for the level-of-service standards
calculations for public facilities and services provided within city's boundaries. For water and
sanitary sewer facility planning within the entire service area, the City has used estimates
slightly lower than those developed by the Metropolitan Center housing unit-based projections
(which, in case of the total service area, constitute a low scenario). This lower projection was
developed to reflect the recent changes in the economy and in the construction industries. These
projected populations, although lower than those estimated by Palm Beach County have been
approved by DCA for water planning purposes.
- 16 -
2010
2015
2020
2025
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
96,629
98,461
] 01 ,453
102,706
103,95(;
105,431
106,903
108,376
109,848
] 1 ].321
113,247
115,319
117,156
.J-
119,236
121,315
123,530
125,745
127,960
130,175
132,390
Note: Population estimates based on modified FlU Metropolitan Center Low Projections (2006)
Boynton Beach
(adJusted for slowdown - 1.5% growth until 2015
and 2% thereafter)
Unincorporated Palm Beach County (per
County TAZ data for utilities
I Village of Hypoluxo (per County TAZ datafor
i utilities
Town of Ocean Ridge (per county T AZ data for
utili ties
I Town of Briny Breezes (per county TAZ datafor
utili ties)
Total Population Based Upon Jurisdictional
Po ulation Fi res
j Metropolztan Center (FlU) - Low Scenario
I. Projection
(.approved by DCA fo.r water planning in C1 E)
(N01 Februa71f2008!
67,855
69,865
75,153
79,753 82,975
34,385 35,261
666 ~")-
I.:....,
1,918 1,918
434 434
117,156 I 121,315 i
!
I
i
31,4341
495
33,260 i
I
557 I
432
1,713
1,733
1,918
436 i
I
101,453 I
103,959
102,941
112,384 L~_~____}22,923
Five-year population projections presented in Table 4-2, have been presented and approved b\
the DCA.
- 17 -
Table 4-3 further subdivides service area growth by municipality. Within the service area most
of the growth is anticipated within Boynton Beach and unincorporated Palm Beach County.
The Villages of Ocean Ridge and Briny Breezes are virtually built out and have no opportunities
for population growth without significant zoning changes. Table 4-3 summarizes population
growth by individual municipality served by Boynton Beach's water utility. Total population
numbers, although not identical to those projected by Metropolitan Center at FlU are consistent
for planning purposes. These population projections were reviewed with the planning
departments from their respective municipalities.
4.3 Historical Water Use
Historic water use figures reflect water provided by the City of Boynton Beach Water Utilities.
These water use figures provide the basis for forecasting future water demands for the City's
service area. Table 4-4 shows the City's historical raw and finished water use and population
served from the year 2000 through 2007.
Table 4-4: City of Boynton Beach Past Water Use (2000-2007)
2000 91,959 145 13.3
2001 93,367 145 13.5
2002 94,775 145 13.7
2003 96,182 145 13.9
2004 97,590 145 14.2
2005 98,998 159 15.7
2006 100,317 159 16.0
2007 101,637 159 16.2
Note: Per capita demand (GPCPD) is defined by average daily demand by the permanent
population. The CitJ/s Level of SenJice is defined by PoliClJ 3C.1.1 as the maximum day
demand flow provided to the peak population.
4.4 Water Demand Projections
Water demand projections were calculated based on the City's population projections
multiplied by its projected per capita demands. Table 4-5 provides the projected finished water
use for the year 2008 through 2025.
- 18 -
102,706
I
~
-I
- ;
I 2014 109,848 157.8 i 17.3
I
2015 2015 111,321 I 157.5 I 17.5
I i -~--
2016 113,247 157.3 17.8
105,431
106,903
108376
158.5
158.3
1580
16.3
16.5
16.7
16.9
171
](n.951-:
==l
2017
')018
115.319
157.0
18.1
! - /; ::>6 , 156.8 I 18.4
2019 119,236 I 156.5 I 18.7
2020 2020 ] 21 ,3] 5 I 156.3 I 19.0
I
2021 123,530 I 156.0 ! 19.3
I 2022 I 125,745 I 155.8 I 19.6
!
I 2023 127,960 155.5 I 29.9
I 2024 130,175 155.3 I 20.2
I I
I I .-
2025 2025 132.390 I 155.0 20.5
I
I J- J~
Note: Per capltn demnnd (GPCPOj Is defined by nvernge dnlly demnnd of tile pcnllanent population. Tile Clty's Levc/ o(Sel1nce is defined hI!
PoliCl) 3C.].] as tile maximum dny demand flow provided to the pellk pOpl/lllfloll
The City has a single per capita average day demand (PCADD) in aggregate of 160 gallons per
capita per day. This value combines indush.ial, commercial and residential usage because water
usage can not be separated by sector classification by the City's billing system. Overall, it is
anticipated that all future growth will match the current use distribution (residential versus
non-residential). The current per capita average day demand represents finished v.,rater and
combines system losses, production in efficiency, and the variations of water use by the
different geographic areas. Table 4-6 projects the overall system per capita average day demand
onto the component municipalities to project future water demand. Although it is not possible
to isolate individual water demand, it is anticipated that the City, unincorporated Palm Beach
County and the Town of Ocean Ridge will continue to use a similar, higher per capita usage
while the Village of Hypoluxo and the Town of Briny Breezes will have a lower per capita usage
because of the dish.ibution of small homes, small lots and the percentages of multi-family
dwellings.
- 19 -
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4.5 ~Vater Conservation
The City is implementing several conservation programs to actively and passively reduce per
capita water demand. The City Commission passed ordinances resh"icting irrigation,
mandating low flow fixtures and identifying and repairing intemal waste and losses. The
following actions have been implemented in an attempt to reduce per capita usage from over
160 gallons per capita per day (gpcd) to 155 gpcd:
A. Permanent Irrigation Ordinance - Palm Beach County Ordinance 93-3 applies within the
City's service area. It is enforced by the County and the City of Boynton Beach.
B. Xeriscape (Waterwise) Program - The City has significantly reduced the planting of
annuals at city facilities and landscape medians by increasing the use of permanent native
vegetation. The City's Landscape Code requires that 50% of all new landscaping consist
of native / Xeriscape / Waterwise plant species.
C. Ultra-low Volume Plumbing Fixture Ordinance - The city has adopted Ordinances No.
092-41 and 092-42, requiring new and replacement toilets, showerheads, and other
fixtures to be low flow. These ordinances adopt the Standard Building Codes, and
Uniform countywide Amendments.
D. Water Conservation Rate Structure - In 1990, the City Commission adopted an eight tier
conservation-based rate ordinance, whereby the more water used, the higher the rate per
thousand gallons, as a means of reducing demands. In 2002 the Commission amended
this ordinance to adjust the conservation based rate structure. Under these amendments,
the rate of the highest tier increased by 17%.
E. Leak Detection Program - As a result of the implementation of replacing customer meters
and old two-inch galvanized distribution lines, the City's unaccounted-for water is
currently approximately 12%. The City is scheduled to spend an additional 5.2 million
dollars over the next three years to replace most of its remaining galvanized piping.
Therefore, a formal leak detection program is not required. However, the City will
continue to put forth an effort in keeping the unaccounted-for water losses to a millimum.
F. Rain Sensor Device - The City enforces Section 373.62, Florida Statutes, requiring rain
sensor devices on all new automatic irrigation systems.
G. Water Conservation Education Program - The Utility Deparhnent has promoted water
conservation by providing tours at both water plants to school groups, youth
organizations, homeowner associations, and other interested parties, with water
conservation being an integral part of the tour, distributing flow restrictors, toilet dams,
dye kits, and "Save Water" bumper stickers, displaying conservation signs, and making
presentations to various civic groups.
H. Wastewater h"eahnent is provided for the City by the South County Regional VVastewater
Treahnent Plant. The City of Boynton Beach as co-owner of the South Central Regional
Wastewater Treahnent Facility has co-funded the existing 10 MGD reclaimed vvater
facilities that serves irrigation systems at the Village of Golf, Pine Tree Golf Club, Quail
Ridge, Delray Dunes and Hunters Run. Additionally, the City is co-founding expansion
of the reclaimed water treahnent facility to match the full 24 MGD of treahnent plant
- 21 -
capacity. The City will work to encourage the more effective use of reclaimed water by
existing users, and will be expanding its reclaimed water distribution system to new users
in 2008 and 2009.
The per capita average-day water usage within the City has fallen to a current level of
approximately 160 gallons per person per day (gpd). By continuing to implement the re-use
guidelines previously summarized and by increasing public awareness, it is anticipated that the
City will further reduce per capita averge-day usage to 155 gpd by 2026. The City's Level of
Service standard for potable water is defined as 200 gallons maximum daily flow per capita of
peak population; conservation measures will reduce this LOS to 175 gallons by 2013.
The City has assigned the responsibility of implementing the Conservation Plan to the
Conservation Officer. This role is executed by the existing Water Quality Supervisor. The
conservation plan is reviewed, assessed, and improved regularly. Each facet of this plan is
implemented and reviewed as part of the City's continuous improvement program.
5. WATER SUPPLY PROJECTS
5.1 \-Yater Supply Projects
This section details the water supply projects that will be implemented in order to meet the City
of Boynton Beach water demands through 2025. The City will be actively engaged in
diversifying it sources of water supply over the next planning period. At present, the City is
totally dependent upon the Surficial aquifer as a supply, but also has one Aquifer Storage and
Recovery (ASR) well in operation. The overall goal of the City's plan is to significantly reduce
dependence on the Surficial aquifer during the dry season of the year, while maximizing
availability of Surficial aquifer water during the wet season. Anticipating additional restrictions
on the Surficial aquifer, the City has developed a Water Supply Plan that calls for the following
actions:
. Bring ASR-2 on-line to produce an additional 3 MGD during the dry season (2009)
. Expand the reuse system distribution network into Boynton Beach increasing reuse by 1
MGD (2010)
. Interconnect the City's two water treatment plants (east and west) so as to supplement the
eastern welIfield with additional water from the west. The withdrawal from the eastern
field is limited due to its proximity to the Atlantic Ocean while the East Water Treatment
Plant has idle capacity.
. Constructing up to 5 new Floridan aquifer supply wells.
. Retrofit the West Water Treatment Plant (WTP) to treat brackish water from the upper
Floridan Aquifer - +5 MGD
. Continue to increase efforts to conserve ultimately reaching a per capita usage of 155
gpcpd by 2025
The sections below summarize the proposed projects by the City to meet future potable water
demand. Projects schedules are included in Appendix A. They have been approved by the City
Commission and funds for their execution have been committed. The projects have been
incorporated into the City's Five-Year Capital Improvement Schedule (CIS). A copy of the CIS is
included in the Capital Improvements Element of the Comprehensive Plan.
- 22-
5.1.1 Aquifer Storage and Recovery (ASR) Well 2 (2009 / :, MGD Alternative Supply)
The City completed the construction of ASR-2 in 2007. The City has applied for an operational
testing permit to the Florida Department of Environmental Protection in September 2007. It is
anticipated that recharge of the well will begin during the wet season in 2008 and that water
will be made available in early 2009. Although the well was designed for a capacity of 4 MGD,
a more conservative value of 3 MGD was used for the capacity analysis. Future use of the City's
two ASR wells will be dependant upon other projects proposed to bring Surficial aquifer water
to the City's East Water Treatment Plant. This project is ongoing and fully funded.
5.1.2 Expansion of Reuse Water Systems Project (2010 / 0.5 MGD demand offset)
Phase 1 of the expansion to the City's Reuse distribution system is currently underway. The
construction documents have been prepared and it is anticipated that construction will begin on
Phase 1 by the end of 2008. This project will extend the reuse main from Golf Road and Military
Trail into the City of Boynton Beach. Public and Private clients have been identified and it is
anticipated that this project will deliver an additional 1 MGD of reuse water in 2010.
Ld>l, .) 1....'J(/lllllldl\.J! I \j'.IIi"I"" d 1\11;" "'\.1(,1 .,\ ,'II I. j'...
Project Name: Expansion of Reuse Water System; CIS Projects # 1,2 and 3
Project Location: SE 23rd Ave., Seacrest Blvd., SE 4th Street
Project Description: The City of Boynton Beach, as a co-owner of the facility, is in the process of increasing the
capacity of filters and disinfection units at the regional wastewater treatment plant. Eventually, the plant
entire wastewater stream will be treated as irrigation-quality water. This project will include the expansion of
the distribution system for reclaimed water.
Project Justification: The City intends to use expansion of the reclaimed water system as a means of securing
additional water allocations from the Surficial aquifer. (UE Obj. 3.C.3)
Funding Source: Capital Facilities Fund (expansion-related)
Estimated Cost 2007/2008 2008/2009 2009/2010 2010/2011 2011/2012 2012/2013
SCRWRF - plant i I I
expansion i
Design 516,109 I
Construction 2,973,069 !
Other !
TOTAL 3,489,178
Reuse - distribution
Design 311,819
Construction 3,568,017 2,000,000 2,0000,000 2,000,000 2,000,000 2,000,000
-
Other
TOTAL 3,879,836 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000
GRAND TOTAL FOR 7,369,014 2,000,000 2,000,000 2,000,000 2,000,000 I 2,000,000
REUSE SYSTEM i
This alternative supply will offset potable water demand by 0.5 MGD. This project is being
executed and is funded in the City's CIP. Table 5-1 summarizes the project description and
anticipated expenditures by year. In addition to the reuse distribution system, the SCRWRF was
- 23 -
expanded in 2007 - 2008 to 24 MGD. This work is identified in Table 5-1 and fully funded.
Work on the SCRWRF will be complete and the capacity expanded when the distribution
system is in place.
5.1.3 Wellfield Interconnection Project (2012 / 7.3 MGD - Wet Season)
Beginning in August 2008, the City will have additional restrictions placed on the operation of
its Wellfields by the SFWMD. During the Dry Season (January - May), total Surficial Aquifer
production will be limited to 15.5 MGD. During the Wet Season (June - December) Surficial
Aquifer production will be permitted to increase to 25.7 MGD. Unfortunately, the seasonal
allocation will be available in a location where the City does not have additional treatment
capacity. By interconnecting the two water treatment plants, the city will be able to take full
advantage of the wet season allocation by pump water from the West Wellfield to the East
Water Treatment Plant. In this location, the City has additional treatment capacity and can
store the water in their two ASR wells. This project will include the construction of a pumping
station at the West Water Treatment Plant, approximately 7-rniles of raw water piping, and
preliminary treatment at the City's East Water Treatment Plant to remove color and naturally
occurring organic content prior to lime softening.
Table 5-2 provides a summary of the project, funding source and expenditure by year. This
project has been approved and funded by the City Commission. It is anticipated that this
project will start in 2008 and will yield an additional 7.3 MGD of water during the wet season in
2012.
Table 5-2: Summary of \iVellfield Interconnection Project
Project Name: Wellfield Interconnection; CIS Project # 109
Project Location: From West Wellfield to East Wellfield
Project Description: This project involves constructing approximately 7 miles of large diameter water main
from the western boundary to the eastern boundary of our service area.
Project Justification: It will allow the City to utilize water from the western well field at both treahnent
plants, and reduce long-term demands at the eastern wellfield. The eastern field is limited due to its
proximity to the Atlantic Ocean. (UE Obj. 3Cl, Policy
3Cl.l0,3D.l.l)
Funding Source: Mixed: Capital Facilities and Reserve funds
Estimated Cost 2007/2008 2008/2009 2009/2010 2010/2011 2011 / 2012 2012/2013
Design 901,000
Construction 2,000,000 7,701,000 7,701,000 7,701,000 4,701,000
Other
TOTAL 2,901,000 7,701,000 7,701,000 7,701,000 4,701,000
- 24-
5.1.4 Construction of up to 5 Ne,"" Floridan Aquifer Supply Wells Project (2012 - Combined
wjth Project 5.1.5)
The City plans to construct up to 5 new Upper Floridan Aquifer supply wells to feed the
modified West WTP. The wells will be constructed to a depth of approximately 1,100 feet
below land surface and will each yield 1,500 gpm (2.16 million gallons per day). The Floridan
well sites will then be connected to West WTP via new raw water pipelines.
Table 5-3 provides a summary of the project, funding source, estimated cost and expenditure by
year. It is anticipated that this project will commence in 2008 and will yield an additional 5
MGD of water from the Floridan Aquifer by 2012. This project has been approved by the City
Commission and is funded in the City's CIP.
Project Name: Construction of up to 5 New Floridan Aquifer Supply Wells; CIS Project # 110
Project Location: Western portion of service area
Project Description: The City is planning to construct up to 5 new Floridan aquifer supply wells in the
western portion of its service area, so as to extract a potential 10-12 MGD of brackish water from the Floridan
aquifer, for treahnent at the West Water Treahnent Plant. This project will include constructing the necessary
pipelines to connect the new wells to the Treahnent Plant site, and also construct a required monitoring well.
Project Justification: The Floridan aquifer is a confined aquifer, and although brackish in nature, it is not
impacted by droughts increasing demands on the Surficial aquifer system. The added capacity afforded by
these wells will be necessary to meet buildout demands. This new source of supply will require modifications
to the West Treahnent Plant, in order to successfully treat the higher salinity water found in the Floridan
aquifer. (UE Obi. 3C.l)
Funding Source: Mixed: Capital Facilities and Reserve funds
Estimated Cost 2007/2008 2008/2009 2009/2010 2010/2011 2011/2012 2012/2013
Design 500,000
--
Construction 5,433,000 5,933,000 5,933,000 3,683,000
Other
TOTAL 5,933,000 5,933,000 5,933,000 3,683,000
5.1.5 Retrofit West Water Treatment Plant to Treat Brackish \Vater from the Upper Floridan
Aquifer (2012 / 5 MCD)
To treat the brackish water from the new Floridan aquifer, a low pressure reverse osmosis
(LPRO) treatment system is required. The City is proposing to modify the existing nano-
filtration system to treat brackish water from the upper Floridan Aquifer. This plant will
provide 5 MCD of finished water. This option allows the existing nano-filtration treatment
trains to remain in place and permit reuse of many of the existing system components.
Additional expansion or blending may also be possible for this system in the future. Table 5-4
summarizes the project description, funding source and expenditure by year.
- 25-
Table 5-4: Summary of V\'est V\'ater Treatment Plant Re-Design and
Modification to Treat Brackish Water Project
Project Name: West Water Treatment Plant Re-Design and Modification to Treat Brackish Water; CIS
Project # 111
Project Location: West Water Treatment Plant - 5469 W. Boynton Beach Blvd.
Project Description: This project is coupled with water supply projects to interconnect the two existing
wellfields, and install new Floridan aquifer wells. The plant will be re-designed and modified to remove
the additional dissolved solids found in the brackish water of the Floridan aquifer.
Project Justification: See above (UE Obi. 3C.l, Policy 3. C. 1.3)
Funding Source: Mixed: Capital Facilities and Reserve funds
Estimated Cost 2007/2008 2008/2009 2009/2010 2010/2011 2011/2012 2012/2013
Design 500,000 610,000 500,000
Construction 1,150,000 2,825,000 2,935,000
Other
TOTAL 1,650,000 3,435,000 3,435,000
5.2 Water Supply - Demand Analysis
The City's water supply-demand analysis is somewhat complex. The system is complicated by
seasonal limitations in Wellfield production, limitations in treatment plant capacities, and the
fact that available water is seasonally" consumed" to recharge the ASR wells.
Tables 5-5 and 5-6 summarize potable water availability based on restrictions imposed by the
SFWMD and operational issues for both the East and W est Water Treatment Systems during the
Wet and Dry seasons through 2025. This information is presented graphically in Figures 5-1
(Wet Season) and Figure 5-2 (Dry Season) incorporating the planned projects and the potable
water demand. When these projects are implemented, a surplus will be made available each
year throughout the planning window.
5.3 Conclusion
In conclusion, Table 5-7 illustrates that the City of Boynton Beach has prepared a Work Plan
that demonstrates to the SFWMD and DCA that water supply facilities are planned and will be
available to meet future growth and water demands. This plan builds upon District sponsored
goals of increasing reuse, reducing per capita water demand (conservation) and reducing the
reliance on the regional water supply system (Surficial Aquifer). The resulting system will be
more diverse and flexible to take full advantage of the most abundant and cost effective water
resources.
- 26-
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APPENDIX A
Water Supply Project Schedules
AA
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--~_._-. ~.m_______ --,._---------~ - _._---_._---------_._._---~----
SANITARY SEWER SUB-ELEMENT
Policy 3A.2.5
I Objective 3A.3
Measurability:
Policy 3A.3.1
Policy 3A.3.2
The City shall continue to require that new development will pay
for its fair share of existing or planned capital facilities through a
connection charge system.
lVIinimize lVastewater Influent and Disposal of Effuent. The City
of Boynton Beach will minimize wastewater influent resulting
from infiltration and inflow; and will conserve potable water by
utilizing irrigation quality effluent where possible practicable.
Number of improvements to the system consistent with the objective.
The City shall maintain the Level of Service Standard for the
existing water and wastewater service area. The average annual
daily flow of wastewater delivered for h'eatment to the South
Central Wastewater Treatment Plant will not exceed 70% of the
average annual daily flow of treated water leaving the City's water
treatment plant, adjusted for service area differences.
The City shall m::tkc bicr..r:i::tl csim::ttcs continue to monitor
infiltration and inflow to determine rates and locations. v"here
economically feasible, svstem improvements will be made to
reduce these levels.
I Objective 3AA
Measurability:
Policv 3A.4.1
Financing of Systems and Operations. The City of Boynton Beach
will fund sanitary sewer system capital improvements,
replacement and rehabilitation, and operation and maintenance
costs such that these costs are borne by customers of the system
on the basis of the cost-of-service.
Num.ber of sanitary sewer capital improvements projects financed wIth
enterprise funds.
The City shall operate the sanitary sewer system as an enterprise,
such that all costs will be borne by utility customers, and revenues
will be used for the benefit of those customers. The rate schedule
City of Boynton Beach
EAR-based Plan Amendments
Amendments 08-1 WS
3-3
Date
Utilities Element
Ordinance ~(),()S-
GOAL 1
Objective 1.1
Measurability:
Polic 1.1.1
City of Boynton Beach
Future Land Use Element
Goals, Objectives, and Policies
Provide a range of land uses which accommodate a full
range of services, and activities, and housing types, while
minimizing land use conflicts, maintaining the character
of the community, ensuring adequate public facilities,
and minimizing adverse impacts on natural resources.
Land development and future land uses shall continue to be
coordinated with the provision of the following facilities and
services, concurrent with the needs of the existing and future
land uses, and consistent with the adopted minimum levels of
service standards contained in this Comprehensive Plan:
1. Roadways
2. Potable Water
3. Sanitary sewer
4. Solid Waste
5. Stormwater Drainage
6. Recreation and Open Space
7. Public School Facilities
Number of permits issued in conformance with concurrenClI ordinances.
The Cit shall issue develo ment orders or ermits onI if
infrastructure ~.,..,,~. " . ','~~_h"_t!i
exis~ is rovided for in accord with the
requirements of this Comprehensive Plan, or will exist concurrent
with the impacts of the development, and is sufficient to maintain
or exceed adopted levels of service.
Policy 1.1.~~
The City shall continue the enforcement of the adopted County-
wide Traffic Performance Standards Ordinance, and conformance
City of Boynton Beach
EAR-based Amendments
Amendments 08-01 WS
1-1
Date: ,^. ugust 2008
Future Land Use Element
Ordinance 08-007
I Policv 1.1.&4
I Policv 1.L45
I Policv 1.1~6
to the Level of Service Standards set forth in that ordinance, except
where reasonable exceptions have been approved in accordance
with that ordinance and do not exceed the Level of Service
Standards set forth in Objective 2.1 of the Transportation Element.
The City shall continue to coordinate with the Palm Beach Countv
School District to ensure that adopted levels of service for school
concurrency are met.
The Citv shall continue to ensure, through coordination with the
Palm Beach Countv Solid Waste Authority, that adequate solid
waste disposal capacity is available before approving anv changes
to the Future Land Use Map.
The City shall continue to require that all development approvals
be conditioned upon obtaining required approvals and permits
from the South Florida Water Management District and the Lake
Worth Drainage District.
Objective 1.2
Measurabilit1{:
Policv 1.2.1
Policv 1.2.2
The City shall continue to ensure the availability of land for
utilities and services by evaluatin~ the need for such land,
particularly in the review of development projects, and shall
allow adequately-zoned land for same.
Land area allocated or available for utilities and services.
The City shall continue to enforce regulations to reqUIre the
dedication of sites, easements, and rights-of-way for utilities and
services which are needed to serve the proiect and surrounding
land uses, as a condition of approval of development plans.
Should dedication of sites, easements and rights-of-wav be
required, the dedication shall not reduce the densitv or intensity of
the development, where doing so would be reasonably possible;
otherwise, the City shall consider the purchase of property, if
dedication of land is not feasible.
City of Boynton Beach
EAR-based Amendments
Amendments 08-01 we;
1-2
Date: ,'\',lbl1:;t "'OOR
Future Land Use Element
Ordinance 08-1AO:;:-
CONSERVATION ELEMENT
Objective 4.;f~
Mcrzsu mbi/ I ht:
Policy 4.5.1:6.1
I Policy 4.5.2:6.2
Policv 4.5.3 :6.3
.; -
I Policy 4.9-A;6.4
Policy1.5~5:Q2
I Objective 4.6fZ
The City shall, to the maximum extent feasible, protect all
remaining areas of substantial native upland and wetland
vegetation and eliminate undesirable exotic tree species.
Number of acrcs or lIplalld and (pet/and (lcgctnhcm, including rllimgrm'cc;,
nzain talned.
The City shalL cognizcu:-:t of prior dcvelopmcnt Clppro':ClL: or othcr
vested right~;,continue to-require a detailed flora and fauna survey
on any ""B or C" rated site subject to a development proposal
which is greater than 10 acres. BCl~;ed on sur",'c:: rc~;u]t;,
microprcscr':c; mny be requircd oricnted topresen'Jtior: of Cl
t1"H-R.imul11 '15 ()';, of ;:tll nJth'c plttRt communities 'Iyhich OCGur on :~ite7
HJbitat shJll be prescn'ed v,ith il:-:tClct cJ.nopy, underston' cmd
ground cQ\'er.
The City shall modify and enforce regulations such that outright
preservation of existing, non-exotic trees on any existing vegetated
site shall be preferred over "cut and replace" preservation
techniques. Removal and replacement shall be discouraged.
Preservation of existing trees shall be encouraged, and removal
must be unavoidable due to site layout needs with replacement
equal to or greater in size and quality to that removed.
The City shall continue to enforce and, where appropriate, improve
upon existing subdivision or other development regulations which
require shoreline vegetation buffer strips, restrict the amount or
location of site clearing, maintain natural drainage flows and
require the removal of on-site exotic tree species.
The City shall continue, while discouraging clear-cutting prior to
development, to enforce regulations that require removal of exotic
tree species on sites being developed, particularly those sites
containing sensitive ecosystems rated" AU, liB", or "C".
The City shall continue to the maximum extent feasible, to
preserve, conserve, appropriately use and protect fisheries, and
wildlife and marine habitats which serve as habitat for
endangered and threatened plant and animal species.
City of Boynton Beach
EA R - based GtHHrWe+l"'H5-i'Vt~..P.janA rn en d men ts
Amendments 08-0 I WS
4..5
Date'
Conservation Element
Qrc1 inance()J):-
I Policy 4.7.2:8.3
The City shall continue its current program for participation in the
Water Resource Conservation Subcommittee of the Palm Beach
County Water Management Advisory Board.
Policy 4.~8.76
Objective 4.&2
Measumbilitl{.'
I Policy 4.~9.1
I Policy 4.8.2:9.2
I Policy 4.~9 .3
The City shall continue to implement emcrgcncy wetter
conocT'.'ettior.. mcetGurCGwater shortage use resh-ictions in accordance
with the requirements of the South Florida Water Management
District' s Water Shortage Plan.
The City shall continue to minimize the potential damage from
flooding and the loss of local soil resources.
Number of del1elOP'l'1lent orders or permits issued consistent ((lith the
objective.
The City shall continue to enforce minimum finished floor flood
elevation criteria as identified by the Federal Flood Insurance
Administration.
The City shall continue to enforce local drainage system
requirements and flood control policies as specified in the Drainage
Sub-Element of the Comprehensive Plan.
The City shall support the timely maintenance of regional drainage
system features including structure repairs and replacement and
City of Boynton Beach
EAR-based Gefl1i3reh-et15~Arnendments
Amendments 08-0 I WS
4-7
Date:
Conservation Element
Ordinance 08-
INTERGOVERNMENTAL COORDINATION ELEMENT
Measurability:
Policy 8.7.1
Objective 8.8
Measurability:
Policy 8.8.1
Policy 8.8.2
Policy 8.8.3
Objective 8.9
Measurability:
Policy 8.9.1
disposal or wastewater through the facilities at the South Central
Regional Wastewater Treatment and Disposal Facilities.
Continuing participation in the interlocal agreement.
The City will continue to coordinate with the South Central
Regional Wastewater Treatment and Disposal Board for
wastewater treatment, disposal and reuse water services.
The City will continue to coordinate with the Lake Worth
Drainage District, the South Florida Water Management District,
Palm Beach County, and any other agencies, as may be
appropriate, on stormwater planning and management issues.
Ongoing coordination with the entities and agencies.
The City shall coordinate with the Florida Department of
Environmental Protection, the South Florida Water Management
District, Palm Beach County Department of Environmental
Resources Management, and other affected parties in meeting the
requirements of the Florida Total maximum Daily Load Program
for the Lake Worth Lagoon.
The City shall continue to coordinate with the Northern Palm
Beach County Improvement District on meeting the requirements
of the NPDES permit.
The City shall continue coordination with the South Florida Water
Management District and the Lake Worth Drainage District in
meeting water quality criteria for drainage discharge.
The City shall coordinate the development~IIT:I:'l.illg of its
"10-Year Water Supply Facilities Work Plan" with the South
Florida Water Management District.
Approval of the initial 'luork plan and subsequent required revisions.
Plan" .
City of Boynton Beach
Comprehensive Plan
Amendments 08-01 WS
8-5
Date:
Intergovernmental Coordination Element
Ordinance No.08-
Objective 8.10
Measurabilitlf:
Policv 8.10.1
Policy 8.10.2
Objective 8.11
Measurabili tlf.'
Policy 8.11.1
Po lie 8.11.2
I Policv 8.11~3
Objective 8.12
Measurabilitlf:
Policv 8.12.1
The City shall continue cooperative efforts to protect aquifer
recharge areas.
Ongoing enforcement of the Wellfield Protection Ordinance.
The City shall continue to cooperate with Palm Beach Count\' to
enforce the Wellfield Protection Ordinance.
Boynton Beach shall continue to cooperate with other appropriate
local governments to protect areas with the greatest recharge
potentials that extend beyond the Citv limits.
The City shall continue to establish and maintain agreements for
provision of water and sewer services with adjacent
municipalities and Palm Beach County. The City shall continue
to establish and maintain interlocal agreements with
neighboring governments that will encourage the provision of
orderly and efficient water and sewer services in the service area.
Number of Interlocal Agreements maintained.
The City shall continue to utilize interlocal agreements and service
agreements with adjacent governments for the provision of water
and sewer services on an on-going basis.
The City shall continue to utilize interlocal agreements with
adjacent local governments for the provision of water and sewer
services in emergency situations.
The City shall continue to coordinate with the Palm Beach
County Solid Waste Authority to ensure that the Authority's
levels of service for solid waste disposal are not exceeded.
Maintenance of a level of seruice standard that is equal to or less than tilt'
County's level of service.
At a minimum, the Citv of Boynton Beach shall continue to
maintain a solid waste generation level of serVICe that is both
City of Boynton Beach
Comprehensive Plan
Amendment,; 08-01 \1\'5
8-6
Date:
Intergovernmental Coordination Element
Ordinance No 08-
CAPITAL IMPROVEMENTS ELEMENT
AND SCHEDULE
(inluded for informational purposes)
Policy 9.2.2
City of Boynton Beach
Comprehensive Plan
Amendments
.
with the impacts of new development at the adopted Level of
Service;
Finding of facility(s) improvements or additions that are required
to ensure the finding of concurrency; and
Finding of the entity responsible for the implementation of all
required facility(s) improvements or additions.
.
The Concurrency Management system requirements will be satisfied
if, at the time development order or permit is issued, one or more 01
the following conditions are met:
For potable water, wastewater, stormwater and solid waste:
.
A development permit is issued subject to the condition that, at the
time of issuance of certificate of occupancy, the necessary facilities
and services will be in place; or
The necessary facilities and services are guaranteed in an
enforceable development agreement to be in place to serve the nc'\/\
development at the time of issuance of the certificate of occupancv
The development agreement may include, but is not limited to,
development agreements pursuant to section 163.3220, F.s., or an
agreement or development order issued pursuant to Chapter 380,
F.5.
.
For parks and recreation:
.
The necessary facilities and services are in place or are under
construction at the time a development permit is issued; or
A development permit is issued subject to the condition that the
necessary facilities and services are to be in place or under
construction not more than one year after issuance of certificate of
occupancy; or
A development permit is issued subject to the condition that, at the
time of issuance of certificate of occupancy, funds in the amount of
developer's share are committed; or
At the time the development permit is issued, the necessary
facilities and services are the subject of a binding executed
agreement which provides for the commencement of the actual
construction of the required facilities or the provision of services
within one year of the issuance of a certificate of occupancy; or
The necessary facilities and services to serve new development are
guaranteed in an enforceable development agreement to be in place
or under construction not more than one year after issuance o!
certificate of occupancy. An enforceable development agreement
may include, but is not limited to, development agreements
9-:'> Date: January 2, 2008
Capital Improvements Element
Ordinance No. Of-Oc+-
.
.
.
.
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SUPPORT DOCUMENTS
lnterlocal Agreement for the Purchase and Sale of Bulk Potable
Water between Palm Beach County and the City of Boynton Beach
~
Water Utilities Department
Contract Management
P.O. Box ]6097
West Palm Beach. FL 33416.6097
(561) 493-6000
Pax.: (56]) 493.6060
www.pbcwater.com
.
Palm Beach County
Board of County
Commissioners
Addie J,.. Greene. Chairperson
Jeff Koons. Vice Chair
Karen T. Marcus
Robert J. Kanjian
Mary McCarty
Burt Aaronson
Jess R. Santamaria
County Administrator
Robert Weisman
"An Ef{Ilol Opportunity
Affirmative Action Emp/o/er"
@ printed on recyr;led paper
RECEiV D
OCT - 9)fl:~7
"--' .),
BOYNTON BEACH UilUT1ES
October 5,2007
Ms. Janet M.Prainito, City Clerk
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33435
RE: Bulk Water Interlocal Agreement
Dear Ms. Prainito:
On October 2, 200,7, the Board of COlIDty Commissioners approved the
First Amendment to the lnterlocal Agreement Between Palm Beach
County and the City of Boynton Beach for the Purchase and Sale of
. Bulk Potable Water. The executed agreement is enclosed for your
records.
Sincerely,
~LtJ~
Fred W. Je~ns, Assistant Director
Finance & Administration Division
Water Utilities Department
Enclosure
c: Bevin Beaudet, WUD Director
Kurt Bressner,. Boynton Beach City Manager
Kofi Boateng, Boynton Beach Utilities Director
Debra West, WUD F &A Director
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RESOLUTION NO, Ra7- / C5 3
A RESOLUTION OF THE CITY OF BO')(NTON BEACH,
FLORlDA~ AUTHORlZING AND DIRECTING THE
CITY Mft"NAGER AND CITY CLERK TO EXECUTE A.
FIRST AMENDMENT TO THE II\'TERLOCAL
AGREEMENT BETWE.EN PALM BEACHCOUNT1,'
AND THE CITY OF BOYNTON BEACH FOR. THE
PURCHASE AND SALE OF BULK POTABLE WATER;
AND PROVIDfNG AN EFFECTIVE DATE.
WHEREAS~ the City Commission approved em A.greement dated Decembe; ~
2004, for the purchase and sale orbulk potable water~ aad
W'HEREAS~ the City of Boynton Beach and Palm Beach County desire w Q.c'1<~T,d
15 Agreement: and
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VFHEREAS~ the City CommiSSlOrl of the. City of BoyntoD Beach LlOOD
i7 ,: recommendation of staf( deems ,t t.o be in the best rnterests of the resIdents and cItizens of
18 the City of Boynton Beach to approve the First P..mendment to the lnteriocal Agreement
19 between the City of Bo:ynton Beach and Palm Beach County [or the ?urcbase and i)ale:"
20 Bulk Pomble "Vater.
;':'; r-.:owl TIIEREF'ORE., BE IT RESOLVED BY THE: CJT)' COMMJ.SSJO''t Of
22 i I THE CITY OF BOYNTON BEACH~ FLORIDA, THAT;
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Section 1 ,
Eac.]" II/here.as clause set forth above is t<ue ::me :,:;-re:'L :.tnc
.~..L1, '....~...., ........-r ....,,( ,..:; 1- ,...-~ f- T ...., (''f-'~r .~-:-.~ e...... ~,c
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:;6 i. recomrnenaa::ron of staff hereby authorizes a.nd di.rects the Cii" ivlanager and 0,-.' 1
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28 f I Citv
e:xeCU1:: 1[',(; FiT'SI Amendment to thE- Interlocai Agreement be]:'ween Paim Beacr. Coun:' c!E
Boynwn Be::ach for the Pu.rchase and Sale
Bulk Potabk '1M aler. WDJch
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Ame:1d~TJ.eni :8 arcached hereto as Exhitw :, /1,"
S'\CA\RESO\Agreements\lrlterlDcafs',!nterlo::;a: Agreemerl! P8C . 'is! Amendmem Bulk Potable \IV ale, (2007;.08C
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Section 3.
That this Resoluti.on shall bee-orne effective immediate!~; upon
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F ASSED AND ADOPTED this _~ day of September, 2007
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CommissioJ).erj- Mack McCray,. .
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ATTEST:
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': .-City Clerk
(Corporate Seal)
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I !S'\CA\R.ESO\Ag~eemerlts\!nterlocals\interloca[ Agreement PBC "Isl Amendment Bulk Potabl€ Water (2007).doc
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R 2 0 0 7 ,,, 1 7 3 2
R07 - 103
FIRST Al\1ENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN
P4.LM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR THE~
PcRCHASE AND SALE OF BULK POTABLE WATER
THIS FIRST AMENDMENT made and entered into this day of -, ocr 0 2 Z00-7
2007, by and between PALM BEACH COUNTY, a political subdivision of the State
Florida (hereinafter "County"), and the CITY OF BOYNTON BEACH~ FLORIDA.':
municipality organized under the laws of the State of Florida (hereinafter "City"l.
WITNESSETH
WHEREAS, Section 163.01, Florida Statutes, knmvn as the "Florida lnterlocal
Cooperation Act of 1969" authorizes local governments to make the most efficient use
their powers by enabling them to cooperate with other localities on a basis of mUTual
advantage and thereby to provide services and facilities that will harmonize geographic
economic, population and other factors influencing the needs and development of local
communities; and
WHEREAS, the City wishes to purchase bulk Potable Water from the County
distribution and sale to customers solely within the City's Potable Water service area; and
WHEREAS, the COllllty wishes to sell the City bulk Potable Water pursuant 10 the
terms and conditions of the Agreement dated December 21, 2004 for the purchase and sale
or bulk potable water, as modified by this First /unendrnent; and
WHEREAS~ the parties desire to amend the Agreement as set forth herein.
NOW, THEREFORE, for and in consideration of these premises, the mutuaJ
undertakings and agreements herein contained and assumed, County and City herebv
covenant and agree as follows:
I. The foregoing st.atements are true and COITec~.
L. Section 20f the Agreement )s hereby deleted III its entirety and replaced with t1t
follmving:
2, Tenn. The teTIIJ of this Agreement shall commence upon execution by both parties
and shall continue in fuU force and effect until December 31, 2013, except for capaci,y
purchz.sed on 8 permanent basis, \!,Ihich shaH continue indefinitely.
')
Section 4([;
the,6cgreemen1 is bereby deleted in its entirety ili'1d replaceQ 'wjtb t11t
following:
"Capacity Fe:e-" - A one-time fee to be paid by City to County to reserve perrna,"1em
capacity in the County's Potable \Vater System or an Annual Carrying Cost amoun~
paid yearly to reserve temporary capacity in the County's Potable Water Sys1e:J1
The Capacity Fee assessed to the City shall be based upon the Potable Water flow
that the City desires to reserve in the County's Potable Water System. This fee is
assessed irrespective of the actual quantity of. Potable Water flowing through the
various Points of Connection;'
4. Section 4(d) of the Agreement is hereby deleted in its entirety and replaced by the
following:
Cd) "Commodity Fee" - A fee to be paid by City to County on a monthly basis which is
intended to recover County's variable' cost of producing and supplying Potable
Water to the City at the various Points of Connection. This fee is assessed per one
thousand (1,000) gallons of Potable Water delivered by County to the various
Points of Connection;
5. Section 7 of the Agreement is hereby deleted in its entirety and replaced by the
follo"Wing:
7 Capacity Reservation. County shall provide City with Potable Water at the varying
flow rates required by the City, not to exceed five million (5,000,000) gallons per
day (5 MGD).. Within thirty (30) days of the Effective Date of this Agreement, the
City shall pay the County a bulk Potable Water Capacity Fee of $2.91 per gallon for
1 MGDof permanently reserved capacity (for a total of $2,910,000.00). In addition,
the City may reserve additional temporary capacity by paying an Annual Carrying
Cost at the rate of $0.11 per gallon per year. As the minimum daily quantity of
water to be purchased 1.Ulder this Agreement (on a take-or-pay basis) is 2 MGD
calculated on an annual basis, the City shall be required to have permanent and
temporary capacity totaling at least 2 MOD throughout the term of this Agreement.
For the first year of this Agreement, the City elects to purchase. 1 MGD of
additional temporary capacity. ' Within thirty (30) days of the Effective Date of this
Agreement the City shall pay the C01.Ul.ty for the first year of this additional
temporary capacity. in each subsequent Year, the City shall notify the County in
'\vriting, at least sixty (60) days prior to the anniversary date of this. Agreement, of
the amount of Potable Water in two hundred fifty thousand (250,OOO) gallon
increments that the City is interested in reserving during the subsequent twelve (12)
month period, and pay the Annual Carrying Cost for the capacity it has requested to
reserve. The City may also, at any time during this Agreement, reserve additional
permanent capacity by paying the bulk Potable Water Capacity Fee of $291 per
gallon, in t'NO hundred fifty thousand (250,000) gallon increments. The Average
Dai Jy Flow rate during any twelve (12) month period shall not exceed the capacity
reserved. If such flow is exceeded, the City shall pay an additional Annual
Carrying Cost of $0.11 per gallon for the excess capacity used. The Annual.
Carrying Cost shall be fixed through December 31, 2013. The County is under no
duty to provide more than five million (5,000,000) gallons of Potable Water per
day, but may, at its sole discretion, provide Potable Water at a higher flow rate if
requested. by the City.
6. Section 8 of the Agreement IS hereby deleted lD its entirety and replaced by the
fa 110 ,^rll1g:
2
8 Commoditv Fee. In accordance with the December 21" 2004 Agreement betwee,')
the County and the City, the initial monthly Commodity Fee shall be $0.80 per
thousand gallons. In accorciance \vith the December 21, 2004 Agreement between
the County and the City, on January 1, 2010, the monthly Commodity Fee shat}
increase to the total of $U 5 per thousand gallons plus an upward adjustment,
calculated beginning January 1, 2006, in an amount equai to t..~e prior year':;
(measured October to October) Consumer Price Index, all Urba.'1 Consumers.
Water and Sewerage Maintenance, published by the U.S. Department of Labor,
Bureau of Labor Statistics ("Cpr") or some other mutually agreed-upon index if
the CPI is discontinued, but in no case shall the escalation exceed three percent
(3%) annually. Beginning on January 1,2011, and for each calendar year
thereafter, this Commodity Fee shall be adjusted upward by an amount equal te-
the prior year's. cpr (measured October to October) or some other mutually
agreed-upon index if the cpr is discontinued, but in no case shall the escalation
exceed three percent (3%) annually,
The Existing Points of Connection shall be used collectively and in common to
more evenly distribute the Potable Water flows from the County's Potable Water
System into the City's Potable Water System. Any construction costs required to
upgrade the Existing Points of Connection to meet the requirements of this
Agreement shall be shared by the County and the City. The minimum quantity of
Potable Water. to be purchased by theCity shall be 2 MOD calculated on an annual
basis through December 31, 2013, regardless of actual usage.
7. Section 13 of the Agreement is hereby deleted in Its entirety and replaced by Lf-Je
follov,ring:
13. Water Interconnect Agreement: The City and County are currently parties 10 2
) 996 'iVater Imercormect Agreement, dated 5/7/96 (County Resolution No. 96-567D),
establishing provisions for the emergency purchase and sale of Potable Water through the
Existing Points of Connection, The Iflater Literconnect Agreement is incorporated herein
by reference, except that the rates set forth in Section 6 of the Water bterconnect
Agreement are amended as rollows: 111e parties agree that in the event that requires the City
to provide Potable Water to the County, the commodity rate paid by the County to the City,
shaU be. tbe same Commodity rate t..~at the City is required to pay to the County as set forth
in this Agreement.
8. Section 20 of t.':l:e .Agreement 1S hereby deleted in its emirety and replaced bv LlJC
foliowing,
20 T emunation. Tne parties hereto expressly covenant and agree that m Lhe event
either party is in default of its obligations herein, the party not in default shaH
provide to the party in default ninety (90) days written nOtice to cure said defaull
before exercising any 0;" its rights as provided for in this .Agreement. Failure 1J
cure s.ard default within ninety (90) days following notice may be grounds for
termination of this Agreement, Termination of this Agreement by either party
,)
s:bal! require thirty (30) days prior written notice to the other party prior to the
tennination date. Th,e parties may mutually agree to extend the time. for cure
and/or termination.
9. All other provisions of the Agreement are hereby confIrmed and shall remain in fu]] force
and effect.
(THE REMAINDER OF THIS PAGK INTENTION ALL Y LEFT BLANK)
4
IN WITNESS WHEREOF, County and City have executed or have caused this
Agreement to be duly executed in severa) counterpfu-ts, each ofwhicb counterpart shall
be considered an original executed copy of this Agreement.
R2007 1732
ATTEST;
Sharon R Boc~ CierI. aJi],G <;.1f.HItffi~~',\\\\\1111 PALM ~1c9R2 ~~TY\ B'1' ITS
f O~~'!'::~..PO 1\ BOARD OF COUNTY
#"~.... 0^ Bt:-"1 "'~~\ COMMISSIONERS
~ ;' ~~ ~ \cn1,/] 'y 11
By: . Y /~lBy: ~d.Jh) ./0 .~./L.V~
\?i.... f'- ...;;;1 Addie L. Greene, Chairperson
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(SEAL)
APPROVED AS TO FORI\1 AND TO
LEGAL SUFFICIEN
APPROVED AS TO TERl\1S AND
CONDITIONS
By ~~~.
Dir tor ofWa er UtIlITIes
By:
County Attorney
.p~
CITY OF BOYNTON BEACH.
FLO~A J /7
BY:~
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Pal. Bedch County, Florida
Sharon R. Bock,CLERK & COMPTROLLEF
Pgs 1747 - 1756. (10pgsl
11111 U UI filii n III ~ 111111111 W ~ 111111I11 U lUll
CF'N 20050003091
OR BK 179~6 PG 1747
RECORDED 01/04/2005 09:47:42
R04...~t3
INTERLOCAL AG~EMENT BETWEEN PALM BEACH COUNTY AND THE
CITY OF BOYNTON BEACH FOR THE PURCHASE AND SALE OF BULK
R 2004 "J 2 t: 9 9 POTABLE WATER
:1 IE?! mJ;
THIS AGREEMENT made lIIld entered into this _ day of ,2004,
by and between PALM BEACH COUNTY, a political subdivision of the State of Florida
(hereinafter "County"), and the CITY OF BOYNTON BEACH; FLORIDA, a
municipality organized Wlder the laws of the State of Florida (hereinafter "City''):
WITNESSETH
WHEREAS, Section 163.0 I, Florida Statutes, known as the "Florida Interlocal
Cooperation Act of 1969" authorizes local governments to make the most efficient use of
their powers by enabling them to cooperate with other localities on a basis of mutual
advantage and thereby to provide services and facilities that will hannonize geographic,
economic, population and other factors influencing the needs and development of local
commlUlities; and
WHEREAS, the City wishes to purchase bulk Potable Water from the County for
distribution and sale to customers solely within the City's Potable Water service area; and
WHEREAS, the County wishes to sell the City bulk Potable Water pursuant to the
terms and conditions of this Agreement; and
WHEREAS, to encourage and facilitate conservation of water resources, the parties
desire to enter into this AgreemenL
NOW, THEREFORE, for and in consideration of these premises, the mutual
undertakings and agreements herein contained and assumed, County and City hereby
covenant and agree as follows:
The foregoing statements are true lIIld correct
2. Tenn. This Agreement shall commence on the Service Initiation Date of January 1,
2005, and the Initial Term shall be for up to a maximum of five (5) years following the
Service Initiation Date. Should the City exercise the Long Term option as discussed in
Article 8 below, this Agreement shall extend for an additional term of tweIity-five (25)
years, for a maximum term of up to thirty (30) years total.
3. Effective Date. This Agreement shall become effective upon approval by both parties.
The Effective Date of this Agreement shall be the dilte the Agreement is ratified by th~ Palm
Beach COlUlty Board of County Commissioners.
4. Definitions. The following definitions and references are given for the purpose of
interpreting the terms l:IS used in this Agreement and apply unless the context indicates a
different meaning:
(a) "Average Daily Flow" - the average daily flow rate of Potable Water collectively
measured through all Points of Connection. The Average Daily Flow rate is calculated
by dividing the total amount of Potable Water flowing through the Points of Connection
in anyone calendar year by the number of days in that same calendar year;
(b) "Capacity Fee" - A one-time fee to be paid by City to County should the City
exercise the Long Tenn option to extend this Agreement for an additional twenty-five
(25) years. The Capacity Fee assessed to the City shall be based upon the Potable Water
Peak Instantaneous Flow that the City desires to reserve in the County's Potable Water
System under the Long Term option. This fee is assessed irrespective of the actual
quantity of Potable Water flowing through the various Points of Connection;
(c) "City's Potable Water System" - the system owned and/or operated by the City for
the production and distribution of Potable Water within the City's Potable Waler Service
Area, said system being located on the City's side of the various Points of Connection;
I
Cd) "Co~~dity Fee:' - A fee to be paid by City to County on a monthly basis during
both the Imtial Term and the Long Tenn option of this Agreement which is intended to
recove~ Counl?"s variable co~ of pro~ucing and supplying Potable Water to the City at
the vanous Pomts o~ ConnectIOn. TIus fee is assessed per one thousand (1,000) gallons
of Potable Water delIvered by County to the various Points of Connection;
(e) "County's Potable Water System" - the system owned and/or .operated by the
County for the production and distribution of Potable Water to all retail; wholesale,
and/or ?ulk c~mers of the C~unty, said system being located on the County's side of
the vanous Pomts of ConnectIOn and including all Potable Water meters and related
appurtenances located at the various Points of COlUlection;
(t) "Peak Instantaneous Flow" - The highest collective rate of Potable Water flow
measured at the combined Points of Connection at any moment in time during the Term
of this Agreement;
(g) "Existing Points of Connection" - The two existing locations where the County's
Potable Water System is connected with the City's Potable Water System, as shown in
Exhibit "A-I" , which is incorporated herein and attached hereto. The Potable Water
System of County shall include the master water meters and related appurtenances
located at the Existing Points of Connection, with said master water meters being
utilized for the measurement and payment of bulk Potable Water obtained by City;
(h) "Additional Point of Connection" - An additional location where the County's
Potable Water System will be connected with the City's Potable Water System, as
shown in Exhibit "A-2" which is incorporated herein and sttached hereto, should the
City reserve Peak Instantaneous Flow capacity in the County's Potable Water System
for the Long Term option. The Potable Water System of County shall include the
master water meter and related appurtenances located at the Additional Point of
Connection, with said master water meter being provided by County at its sole cost and
utilized for the measurement and payment of bulk Potable Water obtained by City;
(i) "Potable Water" - Water for human consumption which meets all applicable
Federal, state, and County standards;
(j) "Service Initiation Date" - the date County begins providing Potable Water to City
at the Existing Points of Connection.
(k) "UP AP" - the Uniform Policies and Procedures Manual of the Palm Beach County
Water Utilities Department as may be amended from time to time.
t
5. Scope of Agreement. County agrees to furnish, and City agrees to purchase and accept,
a supply of Potable Water in accordance with the terms and conditions of this Agreement.
County shall furnish, and City shall accept, the Potable Water at the Points of Connection
shown in Exhibits "A-l " and "A-2".
6. Water Pressure, The water pressure of Potable Water delivered by the County to any of
the Points of Connection shall be a minimwn of 60 psi at all times, with an expected water
pressure of between 60 and 75 psi depending upon water demand conditions.
7. Initial AgreemenVrerm. County shall provide City with Potable Water at the varying
flow rates required by the City, not to exceed a Peak Instantaneous Flow rate of five million
(5,000,000) gallons per day, for an Initial Term of up to five (5) years following the Service
Initiation Date. The Commodity Fee throughout the entire Initial Term shall be $.80 per
thousand gallons delivered to the Existing Points of Cormection, with no inflationary or
other adjustments whatsoever. The minim tun Average Daily Flow rate to be purchased by
the City during the Initial Term shall be two million (2,000,000) gallons per day for each
calendar year of the Initial Term, At times when the Peak Instantaneous Flow rate is less
than three million' (3,000,000) gallons per day. then all flows shall be through the existing
Point of Connection located on Boynton Beach Boulevard. When the Peak Instantaneous
Flow rate exceeds three million (3,000,000) gallons per day, then both of the Existing Points
of Connection shall be used in tandem to more evenly distribute the Potable Water flows
from the County's Potable Water System into the City's Potable Water System.
/
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8. Long Term Ootionrfenn. Should the City notify the COlUlty, in writing, of their
intention to enter into a Long Term Option prior to December 1, 2005, this Agreement shall
automatically extend for an additional term of twenty-five (25) years, following the
completion of the Initial Term. If the City does not notify the County of this intention prior
to December 1,2005, this Agreement will terminate five (5) years after the Service Initiation
Date. This written notification shall include the date the City wishes tm; Initial Term to
tenninate and the Long Term option to commence. In addition:, this written 'notification
shall contain a maximum three year timeline as to when specific quantities of Potable Water I
capacity in !he COlD'll)' Potable Water System, as defined by peak Instantaneous Flow, will
be paid for and reserved by the City. The quantities of Potable Water to be reserved by the
City shall be in one million gallon per day increments subject to the limitations below. The
City may request that the Long Term option commence at any time following December I,
2005, but in no case shall the Long Term option commence later than five (5) years after the
Service Initiation Date. During the first five years of this Agreement, the COmlty is under
no duty to provide a Peak Instantaneous Flow rate of more than five million (5,000,000)
gallons per day, but may, at its sole discretion, provide Potable Water at a higher Peak
Instantaneous Flow rate if requested by the City.
Under the Long Term option, the not-to-exceed Peak Instantaneous Flow rate to be reserved
by the City shall be up to eight million (8,000,000) gallons per day. The initial Commodity
Fee during the Long Term option shaJl be $1.15 per thousand gallons. Beginning on
January I, 2006, and for each year thereafter, this Commodity Fee shall be adjusted upward
by an amount equal to the prior year's (measured October to October) Consumer Price
Index, all Urban Consumers, published by the U.S. Department of Labor, Bureau of
Labor Statistics ("Cpn or some other mutually agreed-upon index if the CPI is
discontinued, but in no case shall the escalation exceed three percent (3%) annually. The
base month for measuring the change to the cpr is October, 2004. During the Long Term
option, the Average Daily Flow rate shall not exceed seventy-five percent (75%) of the
Peak Instantaneous Flow capacity reservation rate for any single calendar year of the Long
Term option (for example, 6,000,000 gallons per day Average Daily Flow if 8,000,000
gallons per day Peak Instantaneous Flow is reserved). The Existing Points of Connection
and the Additional Point of Connection shall be used collectively and in common to more
evenly distribute the Potable Water flows from the County's Potable Water System into the
City's Potable Water System. Regardless of actual usage, the City shall be required to pay
to the County a Commodity Fee based on a minimum Average Daily Flow rate equal to
sixty-five percent (65%) of the Peak Instantaneous Flow capacity reserved for each calendar
year of the Long Term option (for example, 5,200,000 gallons per day Average Daily Flow
if 8,000,000 gallons per day Peak Instantaneous Flow is reserved).
The City shall pay the County a one time bulk Pdtable Water Capacity Fee of $2.,75 per
gallon of Peak Instantaneous Flow capacity requested for the Long Term option. The City
shall be required to pay all applicable Potable Water Capacity Fees before June I of the year
prior to the year for which the applicable Peak Instantaneous Flow rate is being reserved.
Any Capacity Fee remitted to the County prior to June I, 2005, shall not be subject to any
escalation clause. Beginning on Jooe 1, 2005, and for each year thereafter, the $2.75
Capacity Fee shall be adjusted upward by an amount equal to the prior year's (measured
October to October) Consumer Price Index, all Urban Consumers, published by the U.S.
Department of Labor, Bureau of Labor Statistics ("CPI") or some other mutually agreed-
upon index if the CPI is discontinued. The base month for measuring the change shall be
October 2004, unless the payment is made prior to October 1, 2005, in which case, the base
month will be one (1) year prior to the beginning of the month in which the payment is
made.
All others terms of this Agreement shall be applicable to both the Initial Term and the Long
Term option, and shall remain in full force and effect throughout the entire tenD of this
Agreement.
9. Additional R~oonsibilities of County. County shall provide for the design,
construction, operation and maintenance of the County's Potable Water System, up to
and including tbe Existing and Additional Points of Connection, including the design and
construction of'any Potable Water meters and related appurtenances. County shall be
responsible for the securing of any permits or other approvals necessary to provide
]
Potable Water to City at.the various Points ofCormection.
10. Additional Responsibiliti~ of City. City shall comply with all applicable local, State
and F~eral laws and regulations for the use and sale of Potable Water. City shall be
responsible for the securing of any permits or other approvals necessary to provide Potable
Water to any customers within the City's service area.
I I., Water Oualit1'. The physical, chemical, and biological quality of the Porable Water
delivered by CmUlty to City at the Points of Cormection shall meet all federal state and
local laws, regulations, and requirements for Potable Water, as may be ame~ded from
time to time. City shall be responsible for the water quality of the Potable Water once it
enters the City's Potable Water System. City shall be required to perform all testing of
the Potable Water as is required by any and all federal, state, and local Jaws, regulations,
and requirements for Potable Water, as may be amended from time to time.
/
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12. Service Areas. The City and County are currently parties to an agreement, dated
September 26, 2000 (County Resolution No. 2000-1534) establishing a service area
boundary between the County and City for the provision of potable \.VBter, reclaimed water,
and wastewater service (hereinafter "Service Area Agreemenl"). Said Service Area
Agreement, as may be amended from time to time, is incorporated herein by reference, and
is not affected in any way by this new Agreement. The City expressly acknowledges that
the provision of bulk Potable Water, reclaimed water, or wastewater service to a third party
for sale within the County's service area, as defined in the Service Area Agreement, is a
violation of the Service Area Agreement, and the City therefore agrees that it will not
provide bulk or retail Potable Water, reclaimed water, or wastewater service to any other
party for sale within the County's service area, as defined within the Service Area
Agreement, without the prior written consent of the COWlt)'. Nothing in the foregoing will
prohibit the City from providing short-term bulk Potable Water service in response to a local
emergency to another entity for sale or use within that entity's service area.
13 . Water lntercormect Aereement. The City and County are currently parties to a 1996
Water Intercormect Agreement establishing provisions for the emergency purchase and sale
of Potable Water through the Existing Points of Cormection. Said Water Interconnect
Agreement, as may be amended from time to time, is incorporated herein by reference, and
is Dot affected in any way by this new Agreement unless the City exercises the Long Term
option to purchase bulk Potable Water from County. In the event that the City exercises the
Long Term option, the 1996 Water Intercormect Agreement shall automatically expire at the
completion of the Initial Term and be superseded by this new Agreement.
14. Water Shortages. In the event the South Florida Water Management District or other
government unjt willi just cause and authority declAres a water shortage, then County shall
have the right to restrict service to the City by the same percentage, level and/or manner as
the County restricts service to cuslomers located within the County limits, and may adjust
the Potable Water Commodity Fee in the same manner as rates may be adjusted for
customers located within the County limits. This provision shall be applicable during both
the Initial Term and Long Term option of this Agreement.
15. Payment of Bills. The County will bill the City Commodity Fees on a monthly basis.
The City agrees to pay for all Potable Water received from the County and make payments
to the CmUlty within thirty (30) days from the date the bill is rendered by County. A past
due notice will be mailed by County to the City after thirty (30) days. If payment has not
been received after sixty (60) days from the date of the original bill, service may be
discormected and a one percent (I %) per month interest charge will be assessed on the
outstanding balance.
16. County to Maintain Master Meters. COUNTY agrees 10 have an mmual inspection and
report prepared regarding the condition and accuracy of the master water meters. A copy of
the annual report 9n meter inspection shall be furnished to the City. The City shall have the
right to make its own meter inspection, or to have an independent company inspect the
metering equipment at any time; provided, however, no such inspection shall be made
tmless the City shall first give COUNTY written notice of the date and time of its intent to
have the inspection made, nor shall any such inspection be made prior to twenty-four (24)
hOUTS, excluding Saturdays, Sundays, and holidays, subsequent to the receipt of said notice
4
by COUNTY. All costs.and expenses of the City's interim inspection shan be borne by the
City. If the meter is found not to be in good working order, the COUNTY shall reimburse
the City the cost incurred as a result of the interim inspection. Normal maintenance of the
meter shall be performed by COUNTY as an expense of water distribution.
17. Time Period Limitation In Case of Master Meter lnaccurnev. Both parties agree that,
should a master meter be found to be inaccurate beyond American Water Works
Association (A WWA) standards, the meter will be assumed to have been inaccurate since
the time of the event failure or since the last meter inspection or for a period of three I
months, whichever time should be less, and that the following month's billing will be
adjusted to show a credit or additional charge to the City for that period. based upon the
method established in Section 18 herein.
18. Presumed Consmnotion and Reauired PaYment In Case of Master Meter Inaccuracy.
Both parties agree, that if at any time a master meter shall be inaccurate with respect to the
quantity of consumption by the City as provided in Section 17 above, the City will pay to
the COUNTY a daily amount equal to the average consumption of the ninety (90) day
period prior to the date the meter became inacc\.II1lte multiplied by the rate in effect.
19. Security. The parties shall be responsible jointly and severally for security of the
combined Points of Connection, including provision of access locking features so that each
party can have keyed access to the vault. The combined Points of Cormection will be
controlled by valves which can be operated by authorized representatives of either the
County or the City. Only authorized employees of either County or City will operate the
valves controlling the combined Points of Connection. The County and the City shall
provide prior notice to each other prior to 'operating the valves at the Combined Points of
Connection.
20. Termination
For Cause: The parties hereto expressly covenant and agree that in the event either party
is in default of its obligations herein, the party not in default shall provide to the party in
default ninety (90) days written notice to cure said default before exercising any of its
rights as provided for in this Agreement. Failure to cure said default within ninety (90)
days following notice may be grounds fOT termination of this Agreement. TermInation of
this Agreement by either party shall require thirty (30) days prior written notice to the
other party prior to the termination date. The parties may mutually agree to extend the
time for cure and/or termination.
Without Cause:
The City may terminate this Agreement at the disll:etion of the City Commission without
a statement of cause to the County during the Initial Term with six (6) months written
notice, but may not terminate this Agreement after providing the County with written
notification of the City's intention to enter into the Long Term Option.
21. No Transfer of Powers. Nothing contained in this Agreement shall be construed to
constitute a transfer of powers in any way whatsoever. This Agreement is solely an
Agreement to provide services as authorized in Florida Statutes, Chapter 163. The
governing bodies for County and City shall each maintain all legislative authority with
regard to their respective political subdivision. All of the privileges and immunities from
liability; exemption from laws, ordinances, and rules; and pensions and relief, disability,
workers compensation and other benefits which apply to the activity of officers, agents or
employees of any public agents or employees of any public agency when performing their
respective functions within the territorial limits for their respective agencies shall apply to
the same degree and extent to the performance of such fimctions and duties of such officers,
agents, or employees extra-territorially under the provisions of this Agreement.
22. Indemnification. County and City acknowledge the waiver of sovereign irrununity for
liability in tort contained in Florida Statutes 768.28, the State of Florida's partial waiver of
sovereign immunity, and acknowledge that such statute permits actions at law to recover
damages in tort for money damages up to the limits set forth in such statute for death.
personal injury or damage to property caused by the negligent or wrongful acts or omissions
of an employee acting within the scope of the employee's office or employment. County
5
changed, supplemented .or discharged by an instrument in writing signed by the parties
hereto. .
31. Entirety of Agreement County and City agree that this Agreement and any Exhibits
hereto set forth the entire agreement between the parties, and that there are no promises or
Wlderstandings other than those stated herein. None of the provisions, terms and conditions
contained in this Agreement may be added to, modified, superceded or otherwise altered,
except by written instrument executed by the parties. .
(I1IE REMA.INDER OF TIllS P AGE INTENTIONALLY LEFT BLANK)
'7
IN WITNESS WHE~OF. County and City have executed or have caused this
Agreement, with the named Exhibits attached, to be duly executed in several
counterparts, each of which counterpart shall be considered an original executed copy of
this Agreement.
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ATTEST: ;""-..;::l.;........9 O\~,,:,
DOROTHYH. WILKL~ct?(E.~. ....f.~:\ PALM BEACH COl:lNTY, BY ITS
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APPROVED AS TO TERMS AND
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CITY OF BOYNTON BEACH,
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HURl BRESSNER
CITY MANAGER
BOYN10N BE-IIeH. rL
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D.C.
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 27, 2008
restrict this type of improvement due to the nature of the towing business. Mr. Beasley
explained this was just the first step.
There were no further comments from the public. Chair Jaskiewicz closed the Public
Hearing.
The first motion pertained to Item 7.A.1.
Motion
Ms. Grcevic moved to reclassify property from General Commercial (GC) to Industrial (I)
and rezone from C-4 General Commercial, to M-1 Industrial. Ms. Killian seconded the
motion that unanimously passed.
The second motion pertained to Item 7.A.2.
Motion
Ms. Killian moved to abandon a portion of the 1 O-foot wide alley between and adjacent to
Lots 46 and 47, Plat 2, Page 96, Arden Park Addition to Boynton, subject to the conditions
of BellSouth and the cable company as noted. Mr. Barnes seconded the motion that
unanimously passed.
B. Water Supply Plan Comprehensive Plan Amendments
1.
PROJECT:
Water Supply Plan Comprehensive Plan
Amendments
City-in itiated
Request for amendments to Comprehensive
Plan to incorporate State required 1 O-year water
supply Facility Work Plan and related
amendments to four elements.
AGENT:
DESCRIPTION:
Chair Jaskiewicz complimented Hanna Matras, Senior Planner, on the amendment. She
expressed it was a fantastic plan regarding water issues.
Ms. Matras explained this amendment was being brought to the board prior to the
Transmittal Hearing on June 17. 2008. Water has been an issue because ofthe long-term
possibility that the City would not have enough water at the current rate of growth. The
amendment is a State requirement and the City is required to look at alternate water
sources and stricter comprehensive water policies.
The projects included in the plan were not new; they had been worked on for quite a long
time. The projects were included in the Capital Improvement Element schedule approved
by the City Commission in December, 2007, and sent to, and approved by the Florida
5
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 27, 2008
Department of Community Affairs. The plan put the projects in a context of growth
management. The deadline for the adoption of the plan was August, and the City was
delayed in its presentation due to discussions with the County regarding population
projections. Boynton supplies water to other municipalities and they must coordinate the
population projections with other jurisdictions. It was noted the projections were reduced
from last year.
The conservation policies were listed in the plan, and per State requirement, additional
policies for land use, conservation facilities and intergovernmental elements were added.
The concurrency issues were also in several of the elements. The South Florida Water
Management District (SFWMD) reviewed the plan and the City responded to their
recommendations. It was anticipated the plan would be approved by the City Commission
for transmittal to the DCA for approval.
Chair Jaskiewicz commented the City was anticipating connecting the East and West
Water Treatment Plants with two different methods of purification; one used a lime
softener, and the other used reverse osmosis. She inquired how that would be
coordinated.
Ms. Matras explained the Utilities Department was retrofitting the West Water Treatment
Plant (VVWTP) to treat the brackish water from the Upper Floridan Aquifer. There would be
some changes in the treatment methodologies.
Amber Barritt disclosed she is employed by the firm retained by the Utilities Department to
obtain the Water Use Permit. The City's plan was to use the existing western wellfields to
draw water, treat it, and pipe it to the East Water Treatment Plant, (EWTP). There, they
would use a lime softener to finish the treatment. She explained there was extra capacity at
the EWTP that was not being used because of the salt water intrusion. The plan would be
to draw water from the west, pipe it to the east, then develop new Floridan Aquifer wells,
and replace the.old membranes with more advanced membrane systems to treat the saltier
water.
It was noted the City's Plan for Reclaimed Water was more aggressive than what the
SFWMD was requiring. The City planned to have the plan implemented by 2013. Ms.
Barritt expressed concerns with the schedule and she did not want the City to be placed in
a position to complete the changes by those dates, if it is not what the SFWMD was
requiring.
Chair Jaskiewicz explained the City's water reuse program was in compliance with State
regulations.
Ms. Matras also responded the water plan was produced by Brown and Caldwell who
established the schedule. She explained the consultant worked with the Utilities
Department for the dates and reiterated the consultant has been working closely with the
Utility Department. Ms. Matras explained she would convey Ms. Barritt's concerns at the
6
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 27, 2008
City Commission meeting.
There was a question regarding Policy 3C.1.1. The Level of Service for water was
established at 200 gallons per capita per day (GPO), which would be reduced to 175
(GPO). Ms. Matras explained these were for peak flows at peak populations. In the plan,
the long term demand projections were done on a per capita average daily use basis. It
was explained the Utilities Department used projections.
It was suggested other individuals were dictating how much water the City would have,
when the amount of water would dictate the number of people who could live in the City. It
was strongly encouraged that alternative water sources be reviewed.
Ms. Matras responded the plan does address alternative water sources, and explained the
Floridan Aquifer wells were still in the engineering and design stages. Water could not be
drawn from the surficial aquifer and that was why they were drawing from the Floridan
Aquifer. It was noted the treatment of brackish water was very expensive and new
technologies were being developed. The plan was just the beginning and it was suggested
the issues should be addressed proactively.
Currently, the City Commission approved five new Floridan Aquifers wells. The board
members discussed they did not see other cities trying to address the issue, and
acknowledged there were other options available that were beginning to be used. Several
members expressed they were aware of water systems that took the water out of the air
and converted it to potable water as well as others, such as the use of cisterns.
Ms. Matras explained the plan was reviewed by the Utilities Department and the SFWMD
in reference to the timetables. The schedule was approved by Utilities who worked with the
consultant. She expressed she would convey the concerns to Pete Mazella about the
dates. Specifically, Ms. Matras was requested to confirm the 2013 date for reclaimed
water and the WWTP. Ms. Matras explained the dates were confirmed prior to sending
the plan to the Department of Community Affairs for courtesy review.
Motion
Ms. Barritt moved to transmit the Amendment of Comprehensive Plan based on the 10
Year Water Supply Facilities Work Plan to the Commission. Mr. Barnes seconded the
motion that passed 6-1 (Mr. Lis dissenting.)
Chair Jaskiewicz noted Commissioner Hay was present in the audience.
There was brief discussion about private wells. It was noted wells were used for irrigation
and not potable water. Mr. Rumpf explained the use of the City's system for irrigation was
discouraged. Sometimes if there was intrusion, a well could be permitted. There was a
question about property, or a small community being annexed into the City that was served
by a well or a dilapidated system. Mr. Rumpf explained those properties could be annexed
7
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 27, 2008
and if a system was in need of rehabilitation I the cost would be considered. This coincided
with the County Health Department policies having to do with hookups to municipal
systems, and also having to do with distance and proximity.
C. Land Development Regulation - Rewrite
Group 5
Code Review
1.
PROJECT:
Land Development Regulation - Rewrite
Group 5 (CDRV 07-004)
City-initiated
A portion of Group 5 deliverable, pursuant to the
LDR Rewrite Work Schedule, which includes
Chapter 3, Article 5. Supplemental Regulations,
Chapter 4, Article III, Section 3.F.3 Donation
Bins, and Chapter 4, Article III, Section 5.B.
Crime Prevention Through Environmental
Design (CPTED).
AGENT:
DESCRIPTION:
This proposed section will ultimately replace and
enhance portions of the current LDR Part III,
Chapter 2 (Zoning), Sections 4,6, 11, 13, 14, 17,
and 19; and Chapter 6, Article IV, Section 8
(Seawalls, Bulkheads, Piers, and Docks).
Eric Johnson, Planner II, explained this was an eight part process. There were two
changes made to a previously reviewed item. He clarified they were adding new text to the
Supplemental Regulations and the Exterior Building and Site Design section would be
placed in Chapter 4, Article III as opposed to the Supplemental Regulations.
The Supplemental Regulations would be in new Chapter 3, Article V and the entire Land
Development Regulations would be in four chapters. Article V, Zoning would be in the
Supplemental Regulations.
Chapters 2, 6 and 10 of the Land Development Regulations would have certain sections
relocated to the Supplemental Regulations, which would now have 14 different sections.
He explained they did not have the Wireless Communication Facilities language as they
were waiting for feedback from the industry.
Article V. Section 2. Walls and Fences. Mr. Johnson explained the City would now permit
an eight-foot tall fence along the rear property line, the side interior property line. Along the
side corner, or front yard lines, the fence height allowed for a four foot maximum. If a
hedge would be installed, an eight-foot fence could be installed along the side corner
property line if the fence was set back two feet from the property line. The hedge however,
could not be taller than half the height of the fence. Graphics were incorporated into the
8
VIII.-PUBLIC HEARING
ITEM D.
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 April ]5,2008 March 3], 2008 (Noon) [gJ June] 7,2008 June 2, 2008 (Noon)
D May 6, 2008 Apri] ]4,2008 (Noon) D July], 2008 June ]6.2008 (Noon)
D May 20, 2008 May 5, 2008 (Noon) D Ju]y ]5, 2008 June 30, 2008 (Noon)
D June 3, 2008 May ]9,2008 (Noon) D August 5, 2008 July ]4,2008 (Noon)
D Announcements/Presentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda D Legal
D Code Compliance & Legal Settlements D UnfInished Business
[gJ Public Hearing D
RECOMMENDATION: Please place this request on the June 17,2008 City Commission Agenda under
Public Hearing. The Planning and Development Board on May 27,2008, recommended that the request be approved. For
further details pertaining to this request, see attached Department Memorandum No. 08-049.
EXPLANATION:
PROJECT:
Land Development Regulation - Rewrite Group 5 (CDRV 07-004)
Chapter 3, Article V Supplemental Regulations
Chapter 4, Article III, Section 3.F.3
Chapter 4, Article III, Section 5.B
City-initiated
A portion of Group 5 deliverable, pursuant to the LDR Rewrite Work Schedule, which
includes Chapter 3, Article 5. Supplemental Regulations,
AGENT:
DESCRIPTION:
Chapter 4, Article III, Section 3.F.3 Donation Bins, and Chapter 4, Article III, Section
5.B. Crime Prevention Through EnvironmentalDesign (CPT ED).
This proposed section will ultimately replace and enhance portions of the current LDR
Part III, Chapter 2 (Zoning), Sections 4, 6, 11, 13, 14, 17, and 19; and Chapter 6, Article
IV, Section 8 (Seawalls, Bulkheads, Piers, and Docks).
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES:
'It,'; ~'}
'- .' ~ " I
. / ': .,~,2 l.' (-'';'.~.'-~. ...:""..
City Manager's Signature
Assistant to City Manager ~
Planning and 'ng Director City Attorney / Finance
S:\Planning\Zoning Code Upd te\LDR Rewrite\Agenda Requests\Agenda Item Request LDR Rewrite Group 5 CDRV 07-004 6-]7-08.doc
S:\BULLETIN\FORMS\AGENDA ]TEM REQUEST FORM. DOC
((7
\~
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TO:
THRU:
FROM:
DATE:
RE:
INTRODUCTION
DEPARTMENT OF DEVELOPMENT
Memorandum PZ 08-049
Chairman and Members,
Planning and Development Board
Michael Rumpf
Director of Planning and Zoning
Eric Lee Johnson, AICP
Planner
iif
May 21, 2008
LOR Rewrite - Group 5
Chapter 3, Article V Supplemental Regulations
Chapter 4, Article III, Section 3.F.3
Chapter 4, Article III, Section 5.B
A task of rewriting the Land Development Regulations (LDR Rewrite project) is to
update the entire Part III (Land Development Code) of the City's Code of Ordinances. In
April of 2007, staff presented the Boards and Commission with a progress report and
proposed work schedule of the LDR Rewrite project. Staff determined that it would be
best to break down the entire project into eight (8) different groups. At this time, staff is
delivering a portion of the fifth component of the eight-phase project (see attached). The
first two (2) phases, Group I and Group 2, included Definitions, the Use Matrix, and its
associated Notes and Restrictions. These initial groups emphasized matters relating to
zoning districts and allowable uses. The third phase, known as Group 3, was the first
grouping that addressed site development standards. These development standards
involve off-street parking calculations, off-street parking lots and other vehicular use
areas, exterior lighting, and rights-of-way and infrastructure. Group 4 was comprised of
standards related to environmental protection, landscape design and buffering, and
exterior building and site design. Group 5, which is the subject of this report, is
comprised of supplemental (zoning) regulations typically found in most land
development codes, and particularly, within most zoning regulations. The title of the
subject article is proposed as follows (in bold):
Article 1.
Article II.
Article III.
Article IV.
Article V.
Overview
General Provisions
Zoning District and Overlay Zones
Use Regulations
Supplemental Regulations
Today, the supplemental regulations of the zoning code are spread throughout three (3)
different chapters of the City's land development regulations. This lack of consolidation
between common topics can be burdensome to the lay person as well as to developers
and design professionals researching the City's regulations. Therefore, the attached
document represents that same concentrated effort as in previous phases, to consolidate
scattered regulations of common topic matters, identify and correct inconsistencies, and
reword in an effort to increase clarity of the City's regulations. Above all, the proposed
reorganization of these provisions will significantly increase the ease of reading and
understanding the City's very important development regulations. Group 5 is unique as
compared to the other aforementioned groupings because Group 5 contains only one
article, whereas the previous groupings each contained multiple articles. Staff
determined that the size and complexity of these attached regulations warranted a distinct
and separate review for these particular topics. A closer examination of these
supplemental regulations led staff to make several modifications to an article previously
reviewed and approved by the City Commission. Therefore, this group not only proposes
the current supplemental zoning regulations, but it also includes two subparagraphs of
new text added to Chapter 4, Article III Exterior Building and Site Design Standards (see
attached).
PROJECT OBJECTIVES
The objectives set forth at the onset of staffs management of this effort, and explained
previously in the update report, continue to be furthered. Of the original objectives, those
involving user-friendliness and maintaining a flexible and dynamic approach are most
addressed by this work product. The original objectives are listed below followed by
specific documentation relative to Objectives #1, #2 and #4. Although #5 is not
specifically addressed herein, the basic services and unanticipated demands of the
Division continue to be a priority, and provided or responded to timely.
1. Preserve I Utilize work efforts initiated I accomplished by the consultant
including work products, discoveries, pertinent recommendations, and input
collected from the public, staff and elected officials during workshop sessions;
2. Maximize user-friendliness in the ultimate document with the appropriate and
logical organization, interconnectivity, and writing style;
3. Maintain public involvement in the rewrite process, including input from local
professionals "experts";
4. Use a dynamic approach in the rewrite effort allowing the shifting of resources as
needed to address current issues and Commission direction; and
5. Continue to deliver optimal customer service to the public and applicants during
the project.
2
Objectives #1 & #2:
LDR format or organization was the target of an original objective which continues to be
furthered by the consolidation of common topics. Staff proposes to separate the entire
Part III (currently 23 chapters) and distribute them amongst four (4) distinct chapters. A
four (4)-chapter code deviates much from the existing code, but is more in keeping w~th
the Model Land Development Code and tailored perfectly to meet the needs of the local
agenda.
All of the current supplemental zoning regulations are placed into the attached article
rather than them being spread throughout the entire land development code. Topics of
discussion range from restrictions of walls and fences to allowances for sidewalk cafes
within the Community Redevelopment Agency (CRA) area. Likewise, other "zoning"
related topics addressed within this deliverable include, but are not limited to the
following: accessory structures, building appurtenances, amenities, common site
improvements, sale of used merchandise, temporary and permanent outdoor storage,
temporary sales events, nonconforming regulation, and satellite earth stations. However,
it should be noted that Telecommunication Towers and Antennas (currently Chapter 10 of
the existing code), which should be a component of these supplemental regulations, has
been omitted from this deliverable. It is premature to present it to the Board and
Commission at this time because additional time is needed for public and industry review
and comment. Instead, telecommunication towers (also known as wireless
communication facilities) will be presented in a future deliverable, after sufficient time
has elapsed for adequate public involvement.
As previously outlined in the introduction of this staff report, all current supplemental
zoning regulations are placed into this fifth and final article of the "zoning" chapter.
Each section of this article is arranged and ordere~ based on its importance or
"relevancy" to land development matters within the City. The new supplemental
regulations would modify all or portions of the following existing code sections:
Chapter 2. Zoning
Section 4. General provisions
Section 6. Commercial district regulations and use provisions
Section 11. Supplemental regulations
Section 11.1 Nonconforming uses and structures
Section 13 Existing bulkhead line ratified and confirmed
Section 14 Bulkhead line; permit required for land filling
Section 17 Sidewalk Cafe
Chapter 6. Required Improvements
Article N, Section 8 Seawalls, Bulkheads, Piers, and Docks
Chapter 10. Telecommunication Towers and Antennas (in its entirety)
Although it has been very challenging and time consuming for staff to locate all the
supplemental regulations throughout the code and consolidate the common topics into
3
this format, the benefits with respect to consistency and ease of access justify the effort.
User-friendliness continues to be a primary objective, guiding both the format as well as
emphasis on simplicity and clarity. Graphics continue to be proposed to aid in the
interpretation of written text.
Objective #3:
To maintain public involvement consistent with this objective, staff is currently in the
process of obtaining input from stakeholders within the wireless communication facilities
industry regarding the proposed draft language. The completed draft text will be
provided within a subsequent deliverable.
Objective #4:
In this group, staff continues to acknowledge the priorities and current issues of the
Commission and the City. Current topics of local interest included maximum wall and
fence height, mobile vendor units, location and screening of permanent generators and
fuel tanks, and height and location of open air structures (gazebos) and outdoor storage
areas.
OTHER NOTEWORTHY CHANGES
Preparation of these documents has involved the comprehensive and detailed review of
the land development process, the various standards by which land is regulated, and the
appropriate staff member who administers processes by which they are regulated.
Noteworthy are the following proposed additions or revisions involving land
development standards:
· Consistent with Group 4, this article would now contain its own "Purpose and
Intent" and "Administration" text;
· The existing Chapter 10 (Telecommunication Towers and Antennas) would be
rewritten and converted into Section 13 of this article (pending industry
review);
· Increase the maximum height of walls and fences to eight (8) feet in certain
comer side yards of residential lots. New provisions would include a two (2)-
foot setback, and hedge material installed one-half (~) the height of wall or
fence. Includes new graphics;
· Enhance design I aesthetics standards for walls and fences and the need for
cross-visibility I safe-sight;
· Enhance provisions for screen-roof enclosures by indicating allowable
location(s) and reducing their setbacks;
· Enhance common amenities text (i.e. rock gardens, arbors and trellises,
fountains, playground equipment, barbeque pits) by indicating their allowable
location(s), maximum height, and minimum required setbacks;
· Update existing text regarding swimming pools and spas by indicating their
allowable location(s) and minimum required setbacks;
4
. Enhance existing text regarding flags and flagpoles and create new regulations
that limit the maximum height of flagpoles in single-family residential zoning
districts to 25 feet, and to 45 feet in all other districts. Create provisions for
flags on stanchions projecting off buildings and requiring a minimum nine
(9)-foot clearance underneath for pedestrians;
. Enhance standards for sheds and storage structures by identifying their
allowable location(s) based upon their proposed size or height, create new
screening requirements where visible from rights-of-way, and include
illustrations;
. Create new provisions for temporary storage structures (PODS) by regulating
the maximum number, on-site location(s) and size, time limitations, and
minimum maintenance requirements;
. Update standards applicable to awnings, canopies, and shutters to limit their
encroachment into certain yards by no more than three (3) feet. Enhance an
existing zoning provision, which allows these structures to protrude into the
right-of-way, to other eligible sites located throughout the CRA;
. Create a graphic to illustrate standards for stairwells and unenclosed
staircases;
. Update regulations for seawalls, bulkheads, docks, and piers by clarifying
their allowable location and maximum protrusion into the canal right-of-way,
and includes an illustration;
. Establish provisions and regulations for emergency generators to
accommodate them, in part, in single-family zoning districts. Include
regulations regarding their required screening, testing, and maximum noise;
. Update the provisions for the accessory sale of used merchandise to limit to
no more than 25% of an establishment's gross floor area;
. Expand provisions that allow for the outdoor display of merchandise to
support the practices of large retailers, such as Lowes and Home Depot, with
consideration of visual impacts;
. Add provisions to support / regulate the practice of large retailers, such as
Home Depot and Lowes, to temporarily increase the outdoor display of
merchandise in connection with special sales events;
. Create the provisions and processes for Special Temporary Sales Events and
Seasonal Sales Events;
. Enhance regulations for the permanent exterior storage of merchandise and
equipment by identifying their allowable location, size, and screening;
. Update sidewalk cafe provisions by limiting them to Restaurant or Nightclub
uses within the CRA;
. Amend the mobile vendor unit (MVU) regulations in support of service
flexibility (i.e. servicing patrons in vehicles, and canopies and seating for
patrons). Identify two (2) types ofMVUs, namely, Type "A" and Type "B" to
differentiate between them in terms of size and their allowable location( s);
. Update regulations applicable to nonconforming lots in nonresidential districts
by eliminating the prerequisite for valuations (i.e. $60,000) and create a
provision for the Certificate of Conformity;
. Update regulations for satellite dish antennae, including renaming them to
"Satellite Earth Stations and Antennas";
5
· Create provisions for donation bins by regulating their allowable number,
location(s), and setbacks;
· Create design standards that address Crime Prevention Through
Environmental Design (CPTED); and
· Relocate existing text pertaining to newsracks (Chapter 2, Section II.A) to
Part II, Article VI, Section 15-89 (City Code of Ordinances).
SUMMARY I RECOMMENDATION
Staff recommends that the Board and Commission approve this draft portion of Group 5.
However, any changes recommended by the Board and the Commission will be
incorporated into the document or schedule for ultimate consideration at time of
adoption.
EJ
Attachments
S:\PJanning\Zoning Code Update\LDR Re\\oTite\StaffReports\Group 5 (Ch 3, Art 5).doc
6
May 21,2008
SUPPLEMENT AL REGULATIONS
ARTICLE V.
SUPPLEMENTAL REGULATIONS
Section 1.
General.
A. Purpose and Intent. This article is to maintain
standards for those accessory uses. buildings, and structures
customarily incidental and subordinate to the main use or
building( s) and located on the same lot. The intent of the
supplemental regulations provides common regulations for
circumstances encountered throughout the City.
B. Administration. The Director of Planning and Zoning
or designee shall coordinate. interpret. and administer this article.
C. Applicability. Except as otherwise specifically
provided herein. the regulations set out in this article shall be
applicable to all zoning districts.
D. Rules.
1. Conformitv. No building or structure. or part
thereof. shall hereafter be erected. constructed. or altered
except in conformity with the provisions of this article.
2. Timin2. Construction of accessory structures.
excluding walls or fences. may not precede construction of
the principal building. No accessory structure. including
boat docks and swimming: pools. shall be constructed upon a
lot until the construction of the principal building has
commenced.
E. Conflict. Whenever the regulations and requirements
of this code are at conflict with any other lawfully enacted and
adopted rules. regulations. ordinances. or laws. the most restrictive
shall apply. unless otherwise stated herein.
F. Relief from Re2ulations. Unless described otherwise in
this article. any deviation from these zoning: regulations shall require
approval of a variance application. which is subiect to review and
approval bv the City Commission. A request for a variance shall be
reviewed in accordance with Chapter 2. Article II. Section 11.
SUPPLEMENTAL REGULATIONS
Section 2.
Walls and Fences
Walls and fences are allowed in all zoning districts within all required
yards. It shall be unlawful for any person to erect walls and fences within
the City. except in accordance with the followin~:
A. Location and Size. Walls and fences shall only be erected
on the lot of the applicant and not protrude or extend outside the
property line or into apublic right-of-way. The maximum height of
walls and fences shall be eight (8) feel except as described below:
1. Sintde-familv and Two-familv Residential
Districts. Walls and fences shall be a maximum of four
(4) feet in height where located within front and corner side
corner yards of single-family or duplex dwelling units.
However. the four (4)-foot hei~ht limitation may not apply
under the following instances:
a.. Corner Side Yard of Corner Lots. Within
the corner side yard of a corner lot that abuts and
shares a common rear property line with another
corner lot.
The front yard of each corner lot must be located on
a separate street. opposite and / or parallel from each
other. Walls and fences shall be setback at least two
(2) feet from the side corner property line in order to
accommodate its footer and a continuous hedge,
which shall be maintained a minimum one-half (12)
the height of the wall or fence. The hedge shall be
May 21,2008
2
SUPPLEMENTAL REGULATIONS
located on the street-side of the wall or fence and
must be appropriately maintained.
/~ Property Unt! -',
/ r Setback Une ~ "'.
.~
0- S' Max. Height .,Qr- 4' Max. Height ..... 30' Clear Sight.... 2' Setback wj hedge
Triangle (side corner yard
or through lot)
b. Rear Yard of Throu2h-Lots. On
through-lots with double frontages. waIls and fences
may be erected at the regulated height for rear yards
provided that a provision is made for a hedge along
the street-side of the wall or fence. WaIls and fences
shall be setback at least two (2) feet from the side
comer property line in order to accommodate its
footer and a continuous hedge. which shall be
maintained a minimum one-half ('is.) the height of
the wall or fence. The hedge shall be located on the
street-side of the wall or fence and must be
appropriately maintained.
1. Fenoes, hedges and v;alls shall not exoeed
eight (8) feet in height, abo";e finished grade, in
residential zones, exoept that in front setbacks, from
the building line fon"lard to the property line, the
maximum height shall be four (1) feet. On comer
lots, both road frontages are subject to the four (1)
foot height limitation in aooordanoe with Chapter 2,
Section 1.E., "Visual Obstructions.
") F enoes, hedges and v;a1ls in other zones shall
not mweed six (6) feot in height, above finished
grade except in Pill and M 1 ZORes, chain lillie
fenees shall be allov/ed to eight feet height and may
be toppod by not more than three strands of barbed
May 21,2008
..,
,)
SUPPLEMENTAL REGULATIONS
......,ire. Hedges situated adjaeent to golf courses, golf
driy':..ng ranges, interstate highways or pareels
supporting railroad tr-aeks shall not exceed ten (10)
feet i1'1 height, above finished grade.
2. Multi-familv and Townhouse Developments.
Walls and fences shall be a maximum of six (6) feet
in height where located within landscape strips abutting
rights-of-wav on all developments that have less than 400
feet of frontage on typical City streets. However. the
maximum height of walls and fences (located within the
landscape strip abutting rights-of-way) may be increased to
eight (8) feet when in compliance with the following:
!!:. The street frontage of the development is at
least 400 feet in length;
b. The development has no more than one (1)
parking lot driveway opening or access point along
said street frontage;
!::. Walls and fences shall be setback at least two
(2) feet from the property line along said street
frontage. in order to accommodate its footer and a
continuous hedge. which shall be maintained a
minimum one-half (Y2) the height of the wall or
fence. The hedge shall be located on the street-side
of the wall or fence and must be appropriately
maintained. In Multi f8:B3:ily districts 201'1eS, the
maximum height \vithin the frOB! yar<i setbaek shall
be six (6) feet (chaiB link foo.ees shall be used only
in eombination '.vith hedge that shall he mai1'1tained
at height offence). Hedges situated adjaoeE.t to golf
oourses, golf driT/ing ranges, interstate highways or
paroels SUfJporting railroad tracks shall not eKceed
ten (10) feet in height, ahoT/e finished grade. When
wans or fenoes are eonstructed as a part of a
subdivision or site plan appr-oval adjacent to a puhlie
right of way, oonsistent '1Iith this seetion, a sethaek
of a minimum of eighteen (18) inches must be
maintamed for landsoaping purposes.
B. Cross-Visibility and Safe Si2ht.
1. Purpose and Intent. The purpose of this
subsection is to promote safety in the use of opaque walls
May 21,2008
4
SUPPLEMENT AL REGULATIONS
and fences where in close proximity to rilZhts-of-way. off-
street parking areas. and other vehicular use areas. The
intent is to ensure safe and unobstructed views for both
pedestrians and motorists.
2. Visibility at Drivewav Openin2s. The "safe-siQ:b.t
triangle" is the triangular-shaped area described bv the
Emnneering DesiQD. Handbook and Construction Standards
rEDHCS). Unobstructed cross-visibility shall be maintained
in the safe-silZht trianlZle where parkinlZ lot driveway
openings and access points occur alonlZ rights-of-way or
between individual properties. Walls and fences are allowed
within the safe-sight triangle provided that unobstructed
cross-visibility is maintained 30 inches above the pavement.
measured from the abuttinlZ right-of-way or cross-access
drive. whichever is applicable. The City Engineer shall
determine the appropriate size and location of each safe-
sight triangle in accordance with the EDHCS.
3. Visibility at Corners of Ri2hts-of-Wav.
Opaque walls and fences shall comply with cross-visibility
standards pursuant to Chapter 4. Article VIII. Section
4.B.18.
Walls and fences. within a triangular-shaped area of
property formed by the intersection of two (2) rights-of-way.
shall maintain unobstructed cross-visibility at a level
between 30 inches and eilZht (8) feet above pavement to
avoid traffic hazards. The size of this triangular-shaped area
shall be designed in accordance with the Engineering DesiQ:l1
Handbook and Construction Standards rEDHCS).
4. Visibility alon2 State Roads. The placement
of a wall or fence shall not cause any traffic line-of-silZht
obstruction and must comply with the visibility
requirements of Florida Department of Transportation
(FDOT) Standard Index No. 546 or the latest supplement
thereof.
C. Desi2n. Walls and fences shall be symmetrical in
appearance with columns and posts conforming to a definite pattern
and size of uniform design and separation. The wall or fence shall
be kept in good repair and be continuously maintained in its original
appearance. The exterior surface of a wall shall be finished with
paint. stucco. or other commonly accepted material. See Chapter 4.
May 21,2008
5
SUPPLEMENTAL REGULATIONS
Article III, Section 3.E for additional standards regarding the
appearance of walls and fences.
D. Dan2erous Materials. Walls and fences shall not be
electrified or contain any substance such as broken glass. spikes.
nails. or razors that are designed to inflict discomfort. pain or iniury
to a person or animal. except where located around industrial uses in
the Pill or M-l districts. In these instances. they may be topped off
with no more than three (3) strands of barbed-wire. provided that
they are not visible from a road right-of-way.
E. Attachments. Gates. gateposts. lights. and / or other
decorative features. which are attached to a wall or fence. shall not
exceed the height of said wall or fence by more than two (2) feet. In
addition. these attachments. excluding gates. shall not exceed an
area of three (3 )-feet in any horizontal direction. No more than 80%
of the length of a decorative gate may exceed the height of the wall
or fence.
1--10%
i
I
I
I
80%
10% --4
,
. Arbors and trellises intended for pedestrian walkways are
not included within this height limitation and are regulated
differently in accordance with Section 3.A.2.d below.
F. Construction Sites. Temporary security fencing.
which may be required around construction sites in accordance with
the Florida Building Code. shall not exceed six (6) feet in height and
must comply with cross-visibility and safe-sight standards pursuant
to Chapter 4. Article VIII. Section 4.B.18 and the EDReS. Such
fencing shall be approved in coniunction with the building permit( s)
and must be removed prior to issuance of a certificate of occupancy
May 21,2008
6
SUPPLEMENTAL REGULATIONS
or certificate of completion. Any siwal!e placed on the temporary
security fencing shall comply with Chapter 4. Article IV. Section
3.D.
G. Easements. Walls and fences cannot abridl!e any
easement ril!hts without approval from the affected utility company
and / or the City. See Chapter 4. Article II. Section 3.A.l O.C for
additional regulations rel!arding: buffer walls and easements.
H. Buffer Walls.
1. Defmition. See Chapter 1. Article II.
2. Where Required. See Chapter 4. Article II.
Section 3.B.3 and Chapter 4. Article II. Section 3.e3 for
additional regulations rel!ardinl! buffer walls and their
requirement within perimeter landscape buffers and barriers.
3. Timin2. Construction of a buffer wall shall be
completed prior to the issuance of a certificate of occupancy
for the building or buildinl!s soul!ht to be built in connection
therewith. L. BUFFER Vl.'\LLS. For nc'.'.'
construction or major modification to existing
de'/elopments, wherc a commercial and / or industrial
distriet abuts a residential district, a solid, stucco masonry
\vall painted on both sides at least six (6) feet in height shall
be located 'vVithm the required side and/or roar yards except
';;ith respoet to comer lots, said buffer '.valls shall be
required only on interior lot lines. Said buffer walls shall
not abridge any easement righ.ts or be constructed over any
existing utilities in any easement area and shall be setbaok
1\\'0 (2) feet from adjoining property lines. \Vith respect to
tho C 1 (Office and Commercial Professional District), the
solid masomy 'l:all may be replaced with a dense '.'egetative
buffer of at least 1\'10 (2) feet in height at the time of
planting. Said vegetative buffer to be maintained by the
project developer.
Construction of said deoorati'.'e masonry '.vall or planting of
said '/egetative buffer shall be completed prior to issuance of
the certificate of occupancy for the building or buildings
sought to be built in connection therev.ith.
May 21.2008
7
I
SUPPLEMENT AL REGULATIONS
Section 3. Accessorv Structures. Buildin2 Appurtenances. and Site
Improvements.
Accessory structures. including common amenities. building appurtenances.
and site improvements. excluding walls and fences. are allowed in all
zoning districts. except as contained herein. In all instances. the
aforementioned cannot abridge anv easement rights without approval from
the affected utility company and ! or the City and must comply with all
visibility and safe-sight standards.
A. Accessorv Structures and Amenities.
Accessory structures and amenities shall not be installed.
erected. or constructed prior to or concurrently with. the
construction of the principal building. The following regulations
shall apply. where applicable:
1. Screened-Roof Enclosures. Screened-roof
enclosures are allowed in all zoning districts within rear and
interior side yards. Unless otherwise regulated by a Master
Plan or Site Plan of a planned development. screened-roof
enclosures shall comply with the interior side setback
reQuired for the principal structure and are allowed no closer
than six (6) feet from the rear property line. The rear
setback may be reduced to three (3) feet in instances where
the rear yard abuts a body of water. golf-course. park.
interstate or railroad right-of-way. commercial! industrial
property. or the perimeter wall of a development abutting
other than a residential property.
On comer lots. screened-roof enclosures shall not encroach
into the corner side yard and in no instance. are they allowed
forward of the front or corner side building line.
Solid-roof. screened enclosures shall comply with the
minimum setbacks required for the principal structure. ~
SCREEN ENCLOSURES. .^..ll screened roof enclosures
(screen v/alls and screen roof) shall (;lomply with building
side )'at"d setbaek. No screen ooclosure shall bo construeted
closer'than eight (8) foot from rear property line and no
screoo eB(;llosure shan be eonstructed in front of the building
line. On comer lots, property bordering both streets shall be
considered as front )'at"ds.
2. Common Amenities. The following
common amenities and structures are allowed in all zoning
districts. unless expressly prohibited otherwise.
May 21,2008
8
SUPPLEMENT AL REGULATIONS
a. Rock l!ardens are allowed within all required
yards.
b. Fish and lily ponds are allowed within all
required yards. provided that they are less than 18
inches deep. Fish and lily ponds that are deeper than
1 8 inches shall be regulated similar to swimming
pools and spas in accordance with Section 3.A.3
below.
oS Private pump housing and equipment for
swimming pools (and spas) are allowed within rear
and interior side yards. provided that they are greater
than three (3) feet in height. Any equipment in
excess of three (3) feet in height shall comply with
the minimum setbacks required for the principal
structure.
d. Arbors and trellises are allowed within all
required yards and shall be setback at least three (3)
feet from any property line. However. no setback
shall be required along the front or comer side
property line if the structure is located at a
pedestrian access point that directly connects to an
abutting sidewalk. and when the use and design of
said structure is utilized for nostalcic purposes in
order to better achieve the exterior building and site
design obiectives of Chapter 4. Article III. Section
1.A. In these instances when no setback is required
along the front or corner side property line. the
maximum size of the arbor or trellis shall not exceed
five (5) feet in width (at the supporting columns),
eight (8) feet in width (at the top overhang), and five
(5) in depth.
May 21,2008
9
SUPPLEMENT AL REGULATIONS,
::~<::::-......"" "at
~ ..... 5'~ to extend beyond
....................... ,~ tile property line
The maximum hei~ht of arbors and trellises shall be
10 feet. However. a greater height may be allowed
if the arbor or trellis is an extension of an eave or
facia of the principal building, In those instances.
they shall be no taller than the mean roofheight of
the principal building.
!h Fountains. sculptures. and similar ob;ects of
art are allowed within all required yards. provided
that they meet the following:
ill Do not occupy more than 100 square
feet in area;
ill No greater than mne (9) feet III
height; and
ill Setback at least 10 feet from the front
property line and three (3) feet from all other
property lines.
f:. Heating. ventilation. and air conditioner units
(including compressors and condensers) are allowed
within all required yards and shall comply with the
following. where applicable:
ill Setbacks. When used III
coniunction with a non-residential use.
heating:. ventilation. and air conditioner units
(including: their associated compressors.
May 21,2008
10
SUPPLEMENTAL REGULATIONS
condensers. intake. and exhaust fans) shall
be setback at least five (5) feet from any
property line where abutting residential
property. No setback is required when used
in coni unction with a residential use.
ill Screening. Heating. ventilation.
and air conditioner units shall be effectively
screened with a walL fence. landscape
material. or combination thereof. where
visible from an abutting property or right-of-
way.
ill Exhaust Fans. Exhaust fans
associated with heating. ventilation. and air
conditioner units shall be directed vertically
or away from abutting residential properties.
ill Miscellaneous. Permanent
generators and fuel tanks shall be regulated
in accordance with Section 3.CA below.
~ Playground equipment. excluding basketball
Q:oals. is allowed within the rear vard when used in
con;unction with a residential use.
h. Basketball goals are allowed within all
required yards. They shall be setback at least 15 feet
from front and side comer property lines and three
(3) feet from rear and interior side property lines.
h Light poles. which have only one (1)
structure ~ound member. and portable landscape
lighting. are allowed within all required yards.
1 Barbecue pits and their accessory equipment.
are allowed within rear and interior side vards.
provided that they meet the following:
ill Do not occupy more than 100 square
feet in area;
ill No greater than nme (9) feet m
height; and
May 21,2008
11
SUPPLEMENTAL REGULATIONS
ill Setback at least three (3) feet from
rear and interior side property lines.
k. Utility. cable. and telephone transmission
lines. and their associated poles are allowed within
all required yards.
1:. Mailboxes are allowed within riQhts-of-way
and all required yards. All mailboxes shall comply
with federal guidelines. The City shall not be
responsible for any damage caused by normal street
maintenance to any mailbox that is located within a
public right-of-way and does not comply with
current federal guidelines.
!!h All other amenities and structures that are
similar. but not specifically mentioned in the above.
shall require applications to the Director of
Development.
J. OTHER STRUCTURES. To further clarify the
definition of structtH'e as applied to all districts and
boundaries, the follo'lIing shall apply eKcept that corner lots
shall be regulated by other parts of this ordinance. The
follov/ing structures shall be permitted in front, rear or side
setbacks as provided in this ordinance, in any zone, except
',';here so noted; taking into consideration existing
easements:
1. Fences, hedges and v;alls shall not exoeed eight
(8) feet in height, above finished grade, in resideRtia.l zones,
eKeept that in front setbacks, from the building line fOIlyard
to the property line, the maximum height shall be f-our (1)
feet. On comer lots, both road frontages are subj ect to the
four (1) foot height limitation, in aeoordanee ':lith Chapter 2,
Section 1.E., "Visual Obstructions", In Multi family zones,
thc maximum height v/ithin the front yard setback shall be
siK (6) feet (chain link fences shall be used only in
combination with hedge that shall be maintained at height of
fence). Hedges situated adjacent to golf eOl:1FSes, golf driving
ranges, interstate high',vays or pareels supporting railroad
tracks shall not exceed ten (10) feet in height, abo';e finished
grade. 'Nhen 'walls or f-cBces are constructed as a part of a
subdi';ision or site plan approval adjaeeRt to a public right
of \.vay, consistent \.vith this section, a setback of a minimum
May 21,2008
12
SUPPLEMENTAL REGULATIONS
of eighteen (18) inches must be maintained for landscaping
purposes.
2. Fences, hedges and ':lalls in other zones shall not
exceed six (6) feet in height, abo'v'c finished grade except in
PID and M 1 zones, chain lillie fences shall be allov/ed to
eight feot height and may be top ped by not more than three
strands of barbed ':;ire. Hedges situated adjacent to golf
courses, golf dri'v'ing ranges, interstate highv;ays or parcels
supporting railroad tracks shall not exceed ten (10) feet in
height, abo';e finished grade.
3. Ea';es, cornices, gutters, facia boards, copings,
soffits, dov;nspouts, belt courses, \vindo'..y sills, ';;indo'll
and/or door trim, applied finish materials, roof and/or
equipmont vents, sillcocks, fire hose connections, meters,
sand bOKes, light fixtures, hardware, shutters, bay windows,
dripeaps, telephone and cable boxes, eleotrioal risers and
outlets, v:indo'vv boxes, therm.ometers, handrails, condensate
drains, sho':ler heads and ornamental architectural features
shall not overhang or exceed the setback lines for more than
three (3) feet.
1. Rock gardens.
5.
depth-:
Fish or lily ponds, oighteen inch mmjmmn
6. Private pump housing, and pool/spa equipment,
not to exceed three (3) feet in height and not installed in
front )'ai"ds.
7. ."Tbom and trellises, pro';ided that there shall be
maintained a minimum three (3) foot setback from property
line. In addition, there shall bc a maKimum height of ten
(10) feet. "^... greater height '.vill be allo':/ed ifthe trellis is an
c)(tension of an ea';e/facia.
8. Permanent or retractable avmings, canopies,
storm shutters, marquees or covered ',valkways proj ecting
from a building '.vall over a required yard setback not morc
than two and one half (2~'i) feet, and ha';ing no supports
other than provided by the Viall or its integral part.
9. Chimneys projecting not more than threc (3) feet
into the required yard setback.
May 2 L 2008
13
SUPPLEMENTAL REGULATIONS
10. Fire escapes or unenolosed staircases, the riser
ofwB.ieb shall he at least fifty (50) per6ent open, prcrvided
that the vertical projeetion dO'.T.lfi':/ai"d onto a required yard
setback shall not projeot more than five (5) feet into, and
shall not exceed ten (10) peroent of, the area of&e required
yard setback.
11. Flagpoles haT;ing only one struemral ground
member. Flags projeoting off of a strueture shall not extend
beyond the setbaok line for morc than three foet and in no
ense shall extend beyond the property line.
12. F01.H'ltains; provided that nonportable fmmtains
shan not e)weed nine (9) foet in height, shall be setback
three (3) feet from side and rear property lines and shall
oeoopy no more than 100 square feet.
13. Heating, ventilation and air eonditioning units
(including compressors and condensers) for single fBHlilyor
dUfJlex dTl/ellings, pro'/ided the exhaust air from such mtits
is direeted vertically or a':;ay frem the adjacent property
line. Heating, ventilation and air conditioning 1.H'lits and
intake and exhaust fans for nom-esidential uses shall he set
back a minimum offive (5) feet from property line.
11. Mailboxes and ne'.vspaper boxes.
15. Open terraoes, including walbyays, 1.H'lene1osed
decks and slabs, natUi"al plant landscaping and docks, T.vith
or 'without canopy. Docks projecting into waterv/ay 0wned
by a differeBt property OV;fler than the OV.lfier of the dode
shall require prior approval at time of permitting from the
owner of the waterway. In addition, the dock, all mooring
piles, groins, seawalls, jetties, revetments, or similar
structures and facilities related thereto, shall Rot mctend
further into the watenvay than 1/1 of the v;idth of the
waterv;ay for private or commercial docking and mooring
facilities.
16. Open, uncovered stoops, steps and platforms for
the prinoipal building, but not to exceed tkree (3) feet in
height.
17. Reereational equipment (of the type not
requiring a pcrHiit) in the rear yard setback in residential
districts.
May 21,2008
14
SUPPLEMENT AL REGULATIONS
18. Sculpture or other similar objects of art,
provided they meet the same roquirements abo','c for
fountains.
19. Signs, subj eat to the provisions of the sign code.
20. Trees, sh."1lbbery or other objects of natural
grovlth.
21. \Vells.
'12. Utility, cuble and telephone transmission lines
and associated structures, such as poles.
23. Basketball goals, pro':idod there is a minimum
three (3) foot setback from the rear and side interior property
lines 8:Ild a minimum fifteen (15) f-oot setback from front
and side street property lines.
21. Light poles having only one (1) structural
ground member and portable landscape lighting.
25. Barbecue pits not to exceed six (6) feet by six
(6) feet and pw','ided they are set back three (3) feet from
side and rear property lines.
26. Raised planters, provided they are set back three
(3) feet from side and rear property lines and shall ha','e n
maximum height of six (6) foet.
/...Jl other structures similar to the above shall require
applications to the development director.
(Ord. No. 96 01, ~ 1,1 1696; Ord. No. 96 29, ~ 1,5 7 96;
Ord. No. 96 32, ~ 1, 8 8 96; Ord. No. 00 39, ~ L 8 1 00;
Ord. No. 07 025, ~ 3,9 18 07)
3. Swimm.in2 Pools and Spas. Swimming
pools and spas are allowed in all zoning districts within rear
and interior side vards.
a. In-Ground Swimm.in2 Pools and Spas.
m-ground swimming pools and spas shall be
setback at least eight (8) feet from rear and interior
side property lines. However. the rear setback may
be reduced to five (5) feet in instances where the rear
yard abuts a body of water. !!olf-course. park
May 21,2008
15
SUPPLEMENT AL REGULATIONS
interstate or railroad right-of-way. commercial /
industrial property. or the perimeter wall of a
development abutting other than residential
property.
b. Above-Ground Swimmin2 Pools and Spas.
Above-ground swimming pools and spas
shall be setback 10 feet from rear and interior side
property lines. On corner lots. the swimming pools
and spas shall not encroach into the corner side yard
and in no instance. are they allowed forward of the
front or corner side building line.
~ Miscellaneous. See the Florida
Building Code for additional regulations regarding
barrier requirements around a swimming pool.
ARTICLE IX. S\VIMMING POOLS AND SP.^~S
The sv;imming pool and spa eode
establishing basic criteria for the design and
oonstruotion of swimming pools and spas ':lithin the
city T,vas adopted and established as the swimmmg
pool and spa regulations of the city on Septem.her 1,
1996, and is on file as Ordinance No. 96 39 in the
office of the city elerk and the office of the director
of developmeHt. (Ord. No. 96 39, S 1,9 1 96; Ord.
No. 96 60, S 3, 1 21 97)
E. S'NIMMING POOLS. S',vimming pools shall
be located, designed, operated and maintained in
accordance ',vith the city s'lr...mming pool ordinance
and shall be subject to the appro'.'al of the
development department. No s':limming pool shall
be construeted closer than eight (8) feot from an)'
property line, except that above ground sv;imming
pools shall meet a ten (10) foot rear setbaok ,,^Jl
other setback requirements fDr the applicable zomflg
district shall apply to abo';e ground pools.
4. Fla2s and Fla2Doles. Flags and fla.2;Poles are
allowed in all zoning districts within all required yards. The
maximum size of anyone (1) flag shall not exceed 24 square
feet and must comply with the following regulations:
!!: Fla21loles. A flagpole. which contains no
more than one (1) structural ground member for
May 21,2008
16
SUPPLEMENT AL REGULATIONS
support. shall be setback at least 10 feet from any
property line.
ill Single-Family and Two-Family
Residential Districts. Onlvone (I) flagpole.
containing a maximum of two (2) flags. may
be erected per lot. The maximum height of a
flagpole shall neither exceed the building
height nor 25 feet. whichever is less. No
flags of any commercial nature may be flown
on flagpoles located within any of these
districts.
ill All Other Districts. Onlv one (1)
flagpole. containing a maximum of two (2)
flags. may be erected per lot / development.
The maximum height of a flagpole shall
neither exceed the building height nor 45
feet. whichever is less.
ill Certain Uses. A maximum of three
(3) flagpoles. containing one (1) flag each,
may be erected per lot / development for the
following uses (as described by the Use
Matrix in Chapter 3. Article IV. Section 3):
Communitv Facilities. Schools {Primarv and
Secondarv}. and Post Office. Two (2) flags
may be flown on single flagpole if only one
(1) flagpole is erected for the entire
development.
b. Stanchions (Affixed to Buildin2s). A
maximum of two (2) stanchions, containing one (1)
flag each. may be allowed per lot / development.
ill Size. The total proiection of a
stanchion shall not exceed nine (9) feet in
len!rth.
ill Maximum Height. The
proiection of the stanchion. in coni unction
with its angle. shall not cause the top of the
stanchion to be taller than the existing
building height.
May 21, 2008
ill Minimum Clearance. A mInImum
dimension of nine (9) feet shall be
17
SUPPLEMENT AL REGULATIONS
maintained under the flag. where needed to
provide adequate clearance for pedestrians.
ill Location. Stanchions shall only
be affixed to principal buildings. They may
protrude into any required yard but shall not
extend outside the property boundaries.
except in instances where they protrude into
an abutting right-of-way. The owner shall
obtain all necessary approvals and permits
where stanchions protrude into a public
right-of-way.
~ Wireless Communication Facilities.
See Section 13 below for rel!Ulations
re~arding flagpoles that are used in coniunction with
Concealed Wireless Communication Facilities.
11. Flagpoles ha';ing only one struetW"al
ground member. Fla-gs projecting off of n structure
shall not 6KteRd beyond the setback line for more
than three feet and in no ease shall e-xtend beyond
the property lino.
5. Open Air Structures and Gazebos. ~
air pavilions. 3. Open-air structures pavilions as
defined in Chapter 1, Article II. of the Land Development
Regulations, are allowed in all zoning districts and shall
comply with the following regulations and provisions: ~
be erected in acoordanoc '::ith the following regulations and
pro':isions:
.!!: Applicabilitv.
ill ft;- All open-air structures.
pa':ilions excluding qualified chickee and
chiki huts, must be permitted in 'accordance
with the City's Zoning Regulations and the
Florida Building Code.
May 21,2008
ill l:r. Open air structures pavilions
intended to qualify as a Chickee or Chiki hut
(see Chapter 1, Article II. Definitions) must
be reviewed for consistency with the
regulations of this section and Florida
Statutes. The issuance of a zoning
verification letter from the Planning and
Zoning Division will represent a
18
SUPPLEMENTAL REGULATIONS
determination of consistency. The following
information must be submitted for approval:
ill 8-1 A site plan or survey
that includes scaled dimensions of
the proposed structure including
setbacks;
ill ~ Proof that the builder
is a member of either the
Miccosukee or Seminole Indian
Tribes of Florida. This shall be a
copy of the tribal members
identification card.
l.fl ~ Drawings or images
of the proposed structure indicating
the open design, roof materials, and
height.
b. District Re2ulations.
ill SmilIe-family and Sinllle-familv !
Two-family Zoning Districts. e;- In
single-family and single-family! two-family
residential zoning districts, an "open-air"
structure pU'v'ilion, which does not exceed
150 square feet in floor area and 12 feet in
height measured at the mean roof height for
sloped roofs, shall be located according to
the following standards:
ill 8-1 The side setback shall
be allowed to follow the existing
wall of the principal building
provided it does not further encroach
into the setback or shall meet the
minimum side setback requirement,
whichever is least restrictive:
ill ~ The rear setback shall
be eight (8) feet; however, in
instances where the rear yard abuts a
body of water, golf course, park,
interstate or railroad right-of-way,
commercial! industrial property, or
the perimeter wall of a development
May 21,2008
19
SUPPLEMENTAL REGULATIONS
abutting other than residential
property, the rear setback my be
reduced to three (3) feet.
l.fl ~ The proposed
structure must be located a minimum
of three (3) feet from any principal,
accessory or other building and
structure on the property.
@ f41 For all cases in which
the total square footage of one (1) or
more open-air structure pa'v'ilion or
combination of such structures
exceeds 150 feet of floor area, or
exceeds 12 feet in mean roof height,
the principal building setback of the
zoning distict in which it is located
shall apply.
w ~ The open-air structure
pavilion shall not be placed forward
of the front or corner side building
line, within in front of the principal
building, in a utility or drainage
easement, or in a required landscape
buffer.
ill Planned Developments. Qillm
air structures are allowed within rear and
interior side yards of individual lots within
planned residential developments. The
required setbacks shall be determined by the
approved Master Plan or Site Plan.
However, in no case shall they be allowed
forward of the front or corner side building
line. d. In Planned D0velopments, the
regulation of these structures shall be in
accordance ','lith the approved Master / Site
Plan. If the Master / Site Plan is silent
relative to these accessory structures, their
installation shall only be in oonformanoe
':lith the approved building setbaeks Roted
on the Master ,I Site Plan.
ill Other Districts. eo The
installation of such structures in multi-family
May 21,2008
20
SUPPLEMENTAL REGULATIONS
residential, mixed-use, commercial, and
industrial zoning districts shall meet all
building setback regulations for the zoning
district in which it is located. In addition,
the proposed structure must be located a
minimum of 25 feet from the principal
building( s) on the property and from another
such structure. The City shall consider other
distances calculated by a licensed Fire
Protection Engineer in accordance with
NFP A 80A Protection of Buildings from
Exterior Fire Exposures.
.s Methodolo2"v.:f The square foot area
of the open-air structure pavilion shall be
determined from the dimensions taken from inside
the support posts, provided the roof overhang does
not exceed three (3} feet. For those structures that
are supported by a single pole (i.e. umbrella shape),
the area measurements shall be taken :from the drip
line of the roof materials.
d. Existin2" Structures. g:- All chickee /
chiki huts constructed prior to the adoption of these
regulations, within single-family and single-family /
two-family residential zoning districts, without the
benefit of a permit and not in compliance with the
zoning regulations noted herein, shall be reviewed
for compliance with the qualification requirements
for a chickee hut as established by State blaw. If
determined consistent with State blaw, such
structures shall be considered nonconforminll ft8fl-
conforming structures as defined in the City's
regulations of Boynton Boach Land De'v'elopment
Regulations. Those improvements determined
inconsistent with State Law shall be processed in
accordance with the following subsection.
e. Removal. .fr.. Except for those
structures qualifying as chickee / chiki huts, all other
open-air structures pavilions constructed prior to
these regulations without the benefit of a permit and
those that do not comply with these regulations
Zoning Regulations, due to application of permitting
requirements, must be removed or brought into
May 21,2008
21
SUPPLEMENTAL REGULATIONS
compliance with all applicable regulations of the
City.
f. Violations. i:- Failure to comply with
the provisions of this section shall be considered a
violation of the City's code of ordinances, and
subject the property owner to being cited by the City
for failure to comply with these code provisions
pursuant to the City's Code Compliance provisions,
or any other legal process authorized by law.
6. Permanent Sheds and Stora2"e Structures.
Sheds and storage structures may be designed either
attached (to) or detached from the principal building, and
shall comply with the following regulations: detached
storage structures of any type construetion not cmoeeding
one hunch-ed (100) squa:re feet in floor Mea and eight (8) feet
in height for a flat roof or nine (9) feet in height at the mean
~ peale for a sloped roof, may be ei'ected to a point at
least three (3) feet :from the side prDperty line and/or at least
three (3) feet from the rear property line pro\'iding no
easement rights Me abridged. '.''here the detached storage
structure is '.risible from an adjaoe:at right of way or
abutting property, it shall be effectively sCf'eened 'Nith
appropriate landscapiRg, a ';lall" and / or a fence.
!!.: Location and Size.
ill All sheds and storage structures,
regardless of size, shall be prohibited within
:front or side corner yards and in no instance
are they allowed forward of the :front or
corner side building line;
ill Sheds and storalle structures, which
are lOO square feet or less in floor area, are
allowed within rear and interior side yards.
However, they shall be setback at least three
(3) feet from rear and interior side property
lines. The maximum height shall be eillht
(8) feet for flat roofs or a mean hei2:ht of
nine (9) feet for sloped roofs;
May 21,2008
22
SUPPLEMENTAL REGULATIONS
o Allowable Location
:r- Property Line
j
Setback Line
'",-- . . ."
",Min.3'from -\
. ...:/<~...~r,~~yne~.
/'
:r
'>- Min. 3' from ~
..../<......~roperty~j~eH... .........
//
! CORNER
!SIDE
. YARD
/
FRONT YARD
}.
, ,
I ;
,
\,
FRONT YARD
~ j
'I
Property Line..J/
"
Setback Line _"
I
__I
ill Sheds and stora{!e structures !ITeater
than 100 square feet in floor area and / or in
excess of the heillht restriction of
subparaQ:raph A.6.a.(2) above, shall complv
with the minimum setbacks required for the
principal building. The maximum allowable
heillht of the shed or storalle structure shall
not exceed the zoninll district regulations for
which it is located or the roofline of the
principal building, whichever is more
restrictive: and
ill All attached sheds or stora{!e
structures shall have exterior access onlv: no
access from within the principal buildinll.
b. Number of Structures. A site mav
contain more than one (1 ) shed or storage structure.
However, any additional structures shall comply
with the minimum setback required for the principal
buildinll, rellardless of size.
c. Screenin2". Sheds and storage structures
shall be effectively screened with a wall. fence,
landscape material. or a combination thereof. where
visible from an abuttinll property or ri{!ht-of-wav.
d. Miscellaneous. See Section 3 .A. 7
below for additional regulations regarding the use of
mobile and temporary storage container units.
Sheds and storage areas. which are desiwed and
May 21,2008
,.,,,
--'
SUPPLEMENTAL REGULATIONS
used in con;unction with fire escapes or unenclosed
staircases, shall be regulated in accordance with
Section 3.B.4 below.
7. Mobile and Temporary Stora2"e Container Units.
Mobile and temporary storalle container units are
allowed in residential zoninll districts and shall complv with
the followinll regulations:
.!: N umber of Units. Only one (1) mobile or
temporary storage container unit mav be allowed per
lot for a sinllle-family or duplex home. A maximum
of two (2) units may be allowed at any given time
within multi-family developments.
b. Location. Mobile or temporary storage
container units shall not be located within rights-of-
way and must comply with the following location
criteria:
ill Sinllle-family or duplex homes:
ill The unit is allowed within
the front or comer side yard,
provided that it is placed on a
driveway or other hard surfaced area;
lQl The unit shall be setback at
least five (5) feet from any property
line; and
l.fl The unit shall be prohibited
within the rear yard, interior side
yard, or within the space allotted for
the principal building.
ill Multi-family developments:
ill The location of units shall be
restricted to guest parking spaces or
other desillilated overflow parking
areas;
l.fl The location of the units shall
not interfere with anv emergency or
service vehicle operations;
May 21,2008
24
SUPPLEMENTAL REGULATIONS
l.fl The units shall be setback at
least five (5) feet from all property
lines;
@ The units shall not be placed
in tandem with each other within one
(1) parking space; and
ill The units shall not be stacked
on top of each other.
.s Dimensions. The size of a mobile or
temporary storage container unit shall not exceed the
followinll dimensions:
ill Maximum width of eillht (8) feet;
ill Maximum depth of 16 feet;
ill Maximum heillht of eight (8) feet;
and
ill Maximum floor area of 128 square
feet.
d. Time Limit. The maximum time for a
mobile or temporary storalle container unit to remain
on a propertY shall be 45 days.
~ Maintenance. The mobile or temporary
storalle container unit shall be maintained in Ilood
condition, free from evidence of deterioration, rust,
holes, or breaks. The unit shall be kept locked when
not in use.
f. Prohibition of Hazardous Materials.
The owner. supplier, or tenant shall ensure
that no hazardous substances shall be stored or kept
in the mobile or temporary storage container unit.
B. Buildin2 Appurtenances. J. OTHER
STRUCTURES. To further clarify thc definition of
structurc as applied to all districts and boundaries, the
follov/ing shall apply except that corner lots shall be
regulated by other parts of this ordinance. The following
May 21,2008
'"'l~
..:.)
SUPPLEMENTAL REGULATIONS
building appurtenances and site improvements are allowed
in all zoning districts within all required yards, except where
so noted, taking into consideration existing easements and
visibility / safe-sight requirements: structures shall be
permitted in frORt, rear.. or side setbacks as provided in this
ordiRanoe, in any zone, eKoept where so noted; taking into
oonsideratioR eKistiRg easements:
1. Architectural Features. ~ Eaves,
cornices, gutters, facia boards, copings, soffits,
downspouts, belt courses, window sills, window
and/or door trim, applied finish materials, roof
and/or equipment vents, sillcocks, fire hose
connections, meters, sand boxes, light fixtures,
hardware, shutters, bay windows, balconies,
dripcaps, telephone and cable boxes, electrical risers
and outlets, window boxes, thermometers, handrails,
condensate drains, shower heads and ornamental
architectural features shall not extend, proi ect, or
overhang into any yard by or cxceed the setbaok
lines for more than three (3) feet.
2. Awnin2"s. Canopies. and Shutters.
A wnings, canopies, and shutters (storm or
decorative) are allowed within any required yard, but
shall not protrude into any yard by more than three
(3) feet. However, no setback shall be required
where located in the Urban Commercial District
Overlay Zone (UCDOZ) or any "Urban" Mixed-Use
district. In addition, they may extend into an
abuttinll rillht-of-way contin~ent upon the approval
of the entity havinll iurisdiction over said rillht-of-
wav. Awnings. canopies, and shutters must
maintain a minimum clear height of nine (9) feet
over any pedestrian way. Upon request of the City
or entity havinll iurisdiction over the right-of-way,
they shall be moved or removed. The desi2:il and
appearance of awnings and canopies in multi-family
residential. planned. and non-residential districts
shall be regulated in accordance with the community
desillll standards of Chapter 4. Article III. Section
3.A.5.
May 21,2008
The desillll and appearance of awninlls and canopies
in multi-family residential. planned, and non-
residential districts shall be regulated in accordance
with the community desillll standards of Chapter 4,
26
SUPPLEMENTAL REGULATIONS
Article III. Section 3.A.5. 8. Permanent or
retractable awnings, canopies, storm shutters,
marquees~ or covercd 'vVallcv:ays projecting from a
building '.vall over a required yard setback not marc
than tv\'o and one half (2~'i) feet, and hm'ing no
supports othcr than providcd by the \-vall or its
integral part.
3. Chimnevs. Chimneys are allowed within
all required yards but shall not pro; ect into any vard
by more than three (3) feet. 9. Chimneys projecting
not more than three (3) feet into the required yard
setback.
4. Fire Escapes and Unenclosed Staircases.
Fire escapes and unenclosed staircases are
allowed within all required yards but shall not
project into any vard by more than four (4) feet.
Setback Li ne
10. Fire escapes or unenclosed staircascs, the
riser of which shall bc at least fifty (50) percent
open, provided that the vertical projection
dO\vnward onto a required yard setback shall not
project more than fiTv'e (5) feet into, and shall not
exceed ten (10) percent of, the area of the required
yard setback.
May 21.2008
27
SUPPLEMENTAL REGULATIONS
C. Site Improvements.
1. Seawalls. Bulkheads. Docks. and Piers.
Seotion 8. Sea\valls, bulkheads, piers and
eeelEs. Seawalls, bulkheads, piers and docks
installed along access waterways shall be installed
under permit issued by the Boynton Beach
Development Department. Seawalls and bulkheads
shall be constructed with the water side face not to
encroach over the property line.
Seotion 5. Sea'. valls, bulkheads, docks and piers.
Prior to construction of any seawall, bulkhead, doclc
or pier a construotion permit shall be obtained from
the City of Boynton Beacl'! Development
Department.
Section 13. Existing bulkhead line ratified an.d
oonfirmed. The bulkhead line heretofore established
with the city limits by Ordinance No. 289 of the city,
in accordance with Map No. R-56-006 entitled
"Bulkhead Line of the City of Boynton Beach,
Florida" dated September, 1956, is hereby ratified
and confirmed and said map is hereby adopted by
reference and made part hereof. There shall be no
bulkhead, seawall, or other structure for land filling
into the water of Lake Worth, which shall extend
eastward from the existing shoreline other than as
shown on the map referred to above.
Section 11. Bulkhead line; permit required for
land filling. It shall be required, prior to
commencing any operation for land filling within the
area as shown on the map described in this section
Section 13, a permit for land filling, all of which
shall be in accord with the directions and approval
by the City Commission. The improvement, or fill,
shall have a minimum elevation of not less than six
(6) feet above mean sea level according to the
current U.S. Government Geodetic Survey. Any
such applicant shall also be required to comply with
all rules, regulations, or other requirements of the
Trustees of the Internal Improvement Fund of the
State of Florida, U.S. Army Engineers or other
governmental body regulating land filling operations
of the above nature.
May 21,2008
28
SUPPLEMENTAL REGULATIONS
An applicant. who proposes a dock into a waterway
that is owned bv a separate property holder. shall
obtain written consent :from said property holder.
prior to the issuance of anv permits for the proposed
dock. In addition, all docks, moorinll piles, llfoins,
seawalls, ietties, revetments, and similar structures
and facilities related thereto, shall not extend farther
into the waterway than one-quarter (~) the width of
the waterway for private or commercial dockinll and
mooring facilities.
2. Unenclosed Decks. Terraces. and Slabs.
& Open terraces, including walkways,
unenclosed decks and slabs, natural plant
landscaping and docks, with or without canopy are
allowed within all required yards. Dooks projeoting
into T,vuterway o',yned by a different property ov.'ncr
than the o',vner of the dock shall require prior
uppro'.'al at time ofpermitting from the ovmer ofthc
v,'utCf\yay. In addition, the dock, all mooring piles,
groins, Gca'l,'alls, jetties, revetments, or similar
structures and facilities related thereto, shall not
extend further into the waterv,'ay than 1/1 of thc
\\'idth of the T'vaterway for private or commercial
docking and mooring facilities.
3. Unenclosed Stoops and Steps. Open
or uncovered stoops. steps, and platforms, which are
less than three (3) feet in heillht. are allowed within
all required yards. Unenclosed stoops and steps
QJ"eater than three (3) feet in height shall be setback a
May 21, 2008
29
SUPPLEMENT AL REGULATIONS
minimum of five (5) feet from any property line.
16. Open, uneo':ered stoops, steps and
plo:tforms f-or the principal building, but not to
exoeed three (3) feet in height.
4. Generators and Fuel Tanks. The
permanent installation of generators and I or fuel
tanks is allowed in all zoninll districts and shall
comply with the followin~ regulations:
!: Location. Generators and fuel tanks
are allowed within rear and interior side
yards.
b. Residential Districts.
ill Setbacks. Generators,
less than three (3) feet in height and I
or fuel tanks, less than five (5) feet in
height. shall be setback at least three
(3) feet from rear and side interior
property lines.
Generators, greater than three (3)
feet in height or fuel tanks greater
than five (5) feet in height, shall
comply with the minimum setbacks
required for the principal building.
The heillht of said generators shall be
measured from the natural grade to
the highest point of the structure.
ill Screening. All generators
and fuel tanks shall be properly
screened where visible :from abutting
properties or rillhts-of-wav.
ill Noise. Emergency
generators shall be exempt :from the
sound ratinll values set forth in the
City Code of Ordinances when
operated during power outages.
However. in no event shall the sound
rating value of emergency Ilenerators
exceed 72 dBA.
May 21,2008
30
SUPPLEMENTAL REGULATIONS
ill Testing. Emerllency
generators may be operated for
testing purposes, one (1) time, for a
period not to exceed 30 minutes in
any 7-day period. Testing of
emerllency generators is permitted
between the hours of 1 0 a.m. throu2:h
5 p.m., Mondav through Saturdav.
No testing of emer~ency generators
is permitted on Sundays or Federal
holidays.
.s. Nonresidential Districts. All
Ilenerators and fuel tanks shall be properlv
screened where visible :from abutting
properties or rights-of-way. A masonry
enclosure shall be constructed around
Ilenerators that are !:!feater than three (3) feet
in height and located on properties that abut
residential districts. In these instances, the
enclosure shall be designed with three (3)
sides, with the opening oriented opposite of
the residential property. In addition, the top
of the enclosure shall be at least two (2) feet
taller than the Ilenerator. The height of said
Ilenerators shall be measured from the
natural !:!fade to the hillhest point of the
structure.
d. Conflict. These rewlations
shall applv to all Ilenerators and fuel tanks
unless they are in conflict with other adopted
Federal, State, or life safety codes, rules,
rewlations, ordinances, or laws. An
alternate location may be allowed with the
approval of an Exception if no other on-site
location is available or feasible. See Chapter
2, Article II. Section 17 for additional
regulations regardinll the exception process.
In all instances, they shall be located to
comply with safe-siwt and cross-visibility
requirements pursuant to Chapter 4, Article
VIII. Section 4.B.18 or the Engineerinll
Design Handbook and Construction
May 21.2008
31
SUPPLEMENTAL REGULATIONS
Standards rEDHCS), whichever IS
applicable.
Section 4.
Sale of Used Merchandise
Except where permitted as a principal use, the sale of used merchandise is
allowed as an accessory use to the sale of new merchandise, provided that
the used merchandise is of the same type as the new merchandise sold on
the premises. In all instances, the floor area occupied by used merchandise
shall not exceed 25% of the gross floor area.
6. C 2 district. Tho sale of used merohandise shall be permitted as an
acoessory use to the sale of new merohandise, meaning that used
merchandise shall be of the same type as tho Rev; merehandise sold 01'1 the
premises, and shall be permitted as an accessory use to a repair shop 'Nhich
is permitted in the district, provided that, in all cases, the floor area
occupied by used merchandise shall not exceed twenty five (25) peroent of
the gross floor area. Stores 'Nhich deal primarily iR used merchandise shall
be limited to retail merehandise of the type that is permitted in the list of
permitted uses above. Po.'.vnshops and auction houses shall be prohibited,
hov/e'/er, in the C 2 district. Used merchandise stores shall be located Rot
less than twenty four huncked (2,100) feet apart, as measured by direct
distanoe betv/een property lines, and shall ha'.'e a gross floor area of not
more than five thousand (5,000) square feet. \l/here these stores arc
currently looated at less than this minimum distanoe, such st<Jfes shall Bot be
expanded. .^..ll new applications for business tax reoeipts to operate such
uses or applications for building permits to expand such uses shall be
aoeompnnied by an affida'lit which certifies that the provisions of this
paragraph vv'ould be oomplied with. Exterior storage and display in
connec{ion '.vith such uses shall be prohibited. Sales bazaars, farmer's
ma:rkets, flea or thieves' markets, swap shops, and trading posts.
8. C 3 district. The sale of used merchandise shall be permitted as an
aooessory use to thc sale of ne>:/ merohandise, meaning that usod
merchandise shall be of the same type us the ne>.v merchandise sold on the
premises, and shall be permitted as an aocessory use to a repair shop which
is permitted in the district, pro'v'ided that, in all cases, the floor area
ocoupied by used merohandise shall not exceed hventy five (25) percent of
the gross floor area. Stores v/hich deal primarily in used merchandise shall
be limitod to sale of retail merchandisc of the type that is permitted in the
list of permitted uses above. Such stores shall not exoeed five thousand
(5,000) square feet iR gross floor area and shall be looated not less than
twenty four hundred (2,100) feet apart, as measured by direct distance
behveen property lines. \Vhere these storcs are currently looated at less than
this minimum distanoe, such storos shall not be expanded. }Jl new
applications for business tax receipts to operate such uses or applications for
building permits to expand such uses shall be acoompanied by an affida'.'it
\vhich oertifies that the pro'lisions of this paragraph vlOuld bc complied
May 21,2008
32
SUPPLEMENTAL REGULATIONS
':/ith. EKterior storage and display in connection '.vith such uses shall be
prohibited. l\ntique shop and auction house selling only objects of ','alue
such as quality antiques, art objects, jc'.velry and the like but not used
merchandise generally. Sales bazaars, farmer's markets, flea or thie'.'es'
markets, swap shops, and trading posts.
7. Sale of used merohandise. Sale of used merchandise shall comply
"lith all provisions that apply to the sale of used merchanside in the C 3
district. Distanoe separation requirements as set forth in Section 6.C.8.of
appendix /\. shall na'/e no application to not for profit organizations.
Section 5.
Exterior Displav of Merchandise.
A. Districts. The temporary exterior display of retail
merchandise is allowed in all commercial and mixed-use zoning
districts.
B. Tvpe of Merchandise. The temporary exterior display
of retail merchandise is allowed, provided that said merchandise is
sold by the operator of the respective business occupying the
establishment, and is of the same type of merchandise typicallv sold
within the buildinll.
C. On-Site Location. The temporary exterior display of
retail merchandise shall be completely contained within the
boundaries of the subiect property or leased parcel. Retail
merchandise shall be displayed on hard surfaces only and if placed
within walkways, shall not obstruct or impede pedestrian movement
or cause noncompliance with ADA accessible route requirements.
Merchandise shall not be placed within easements, landscaped
areas, off-street parkinll and vehicular use areas, rooftops, or
anyWhere that would create a hazard to the public. Any propertY
owner desirinll to display merchandise within off-street parkinll
areas would need to obtain a Special T emporarv Sales Event Permit
in accordance with Section 6 below.
D. Hours of Displav. Retail merchandise shall be secured
and stored inside a principal or accessory buildinll at the close of
business hours, unless said merchandise is placed on-site more than
300 feet from any street right-of-way and complies with the location
criteria of paragraph "C" above or approved as part of a Special
Temporary Sales Event, as described in Section 6 below. In these
instances, merchandise may remain outdoors after business hours.
May 21,2008
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_""I_"'l
SUPPLEMENT AL REGULATIONS
E. Miscellaneous.
1. Live Plants. The exterior display oflive plants in
connection with a Nurserv, Garden Center, and Farm
SUTJolv establishment is exempt :from the 300-foot distance
requirement of parallfaph "D" above and may remain
outdoors after normal business hours provided that its
placement complies with the location criteria of parallfaph
"c" above.
2. Seasonal Sales Event. See Section 7 below
for additional re2:Ulation regardinll the Seasonal Sales Event
and the temporary exterior display of Christmas trees,
pumpkins, and fireworks.
3. Permanent Exterior Stora2"e of Merchandise and
Eauipment. See Section 8 below for the permanent
exterior storage of retail merchandise or equipment.
Section 6.
Special Temporary Sales Event.
A. Purpose and Intent. The purpose and intent of these
regulations is to establish minimum requirements for special
temporary sales events, in order to discouralle the exterior display
and placement of retail merchandise in an unsillhtly, distractinll,
cluttered, or hazardous manner.
B. Districts. Special temporary sales events are allowed in
commercial and mixed-use zoninll districts.
C. Permits Reauired. It shall be unlawful for any
establishment to display retail merchandise outside a principal
building in coniunction with a special temporary sales event without
first having secured a permit or permits as required by this
ordinance. See Chapter 2, Article VI. Section 3 for additional
re!Wlations rellardinl?: the process for obtaining permits for special
sales events.
D. TYJ>e of Merchandise. The temporary exterior display
of retail merchandise is allowed in conjunction with a special
temporary sales event. provided that said merchandise is sold by the
operator of the respective business occupying the establishment. and
is of the same type of merchandise typically sold within the
buildinll.
May 21,2008
34
SUPPLEMENTAL REGULATIONS
Any property owner desirin1l to sell Christmas trees, pumpkins, or
fireworks as an accessory use would need to obtain a Seasonal Sales
Event Permit in accordance with Section 7 below.
E. On-Site Location. The temporary exterior display of
retail merchandise in coni unction with a special temporary sales
event shall be completely contained within the boundaries of the
subiect property or leased parcel. Retail merchandise shall be
displayed on hard surfaces only, and if placed within walkwavs,
shall not obstruct or impede pedestrian movement or cause
noncompliance with ADA accessible route requirements.
Merchandise may be placed within off-street parking spaces but
shall not be located within easements, landscaped areas, vehicular
use areas, rooftops, or anyWhere that would create a hazard to the
public.
F. Hours of Displav. The temporary exterior display of
retail merchandise in coniunction with a special temporary sales
event shall not exceed a total of 14 days within anyone (1) calendar
year, unless said merchandise is placed on-site more than 300 feet
from any street right-of-way. In these instances, merchandise may
remain outdoors for no more than 60 days within anyone (1)
calendar Year. However, in either instance, City authorization shall
be required for any use of off-street parking areas for display of
retail merchandise.
Section 7.
Seasonal Sales Event.
A. Purpose and Intent. The purpose and intent of these
regulations is to establish minimum requirements for special sales
events, in order to discouralle the exterior displav and placement of
Christmas trees, pumpkin. and fireworks in an unsightlv. distractinll,
cluttered. or hazardous manner.
B. Districts.
zoning districts.
Seasonal sales events are allowed m all
C. Permits Required. It shall be unlawful for any
establishment or organization to display Christmas trees, pumpkins.
or fireworks outside a principal buildinll in coni unction with a
seasonal sales event without first having secured a permit or permits
as required bv this ordinance. See Chapter 2, Article VI. Section 4
for additional regulations re1larding the process for obtaining
permits for seasonal sales events.
May 21. 2008
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j)
SUPPLEMENTAL REGULATIONS
D. On-Site Location. The temporary exterior display of
Christmas trees, pumpkins, and fireworks shall be completely
contained within the boundaries of the sub;ect property or leased
parcel.
E. Hours of Displav. The temporary exterior display of
Christmas trees, pumpkins, and fireworks shall not exceed a total of
45 days within anyone (1) calendar year. City authorization shall
be required for any use of off-street parking:: areas for displav of
retail merchandise.
Section 8. Permanent Exterior Stora2"e of Merchandise and
Eauipment.
A. Purpose and Intent. The purpose and intent of these
regulations is to establish minimum requirements for the permanent
exterior storage of retail merchandise or equipment, in order to
discouralle the exterior placement of said merchandise or equipment
in an unsightly, distracting, cluttered, or hazardous manner. These
regulations shall not supersede, but rather supplement any specific
regulations pertaining to the exterior stora~e of merchandise or
equipment as a principal use.
B. Districts. The permanent exterior storage of retail
merchandise or equipment is allowed in the C-3, C-4. Pill, and M-I
zoning districts.
C. Site Plan Reauired. The area allocated for the permanent
exterior stora~e of retail merchandise or equipment shall be shown
on the site plan in accordance with Chapter 2, Article II, Section 5.
D. Tvpe of Merchandise / Eauipment. Theoennanent
exterior storage of retail merchandise or equipment is allowed,
provided that said merchandise / equipment is owned bv the
operator ofthe respective business occupying the establishment, and
is of the same type of merchandise or equipment tvpically sold or
stored within the principal buildinll.
E. On-Site Location. Storalle areas shall be completely
contained within the boundaries of the sub;ect property or leased
parcel.
The permanent exterior stora~e areas shall be placed behind the
:front or side comer building line where located in the C-3, C-4, and
Pill districts. This restriction shall also apply to properties located
May 21,2008
36
SUPPLEMENT AL REGULATIONS
alonll arterial or collector roadwavs when located III the M-l
districts.
.1 Required Surface. In the C-3 and Pill districts, the
permanent exterior storalle of retail merchandise or
equipment shall be placed on improved and hard surfaces
only, including vehicular use areas and excess off-street
parking spaces.
2. Prohibitions. If placed within walkwavs. the
permanent exterior storage areas shall not obstruct or
impede pedestrian movement or cause noncompliance with
ADA accessible route requirements. In addition, storage
areas shall not:
a. Be placed within required off-street parking
spaces;
b. Obstruct or impede vehicular movement: or
.s Cause noncompliance with any of the off-
street parkin~ or vehicular use area standards of
Chapter 4.
d. Abridlle any easement rillhts without
approval from the affected utility company or the
City and shall not be located within landscaped
areas, rooftops, or otherwise create a hazard to the
public.
F. Size. The area allocated to the permanent exterior storalle
of retail merchandise or equipment shall be restricted in size where
properties are located within the followinll districts:
.1 C-3 District. The size of the permanent outdoor
storalle area shall be limited to one percent (1 %) of the gross
floor area ofthe principal building(s) / leased space.
An additional one percent (1 %) of storage area (based upon
the grOSS floor area of the leased space / principal
building(s) may be granted, subject to the approval of an
administrative adjustment. See Chapter 2, Article II.
Section 10 for the administrative adjustment process.
May 21,2008
37
SUPPLEMENTAL REGULATIONS
2. PID District. The size of the permanent outdoor
storage area shall be limited to 15% of the Q:ross floor area
of the principal building( s) / leased space.
G. Screenin2". In the C-3, C-4. and Pill districts. the area
allocated for the permanent exterior storage of merchandise or
equipment shall be adequately screened where visible from an
abutting property or right-of-way. This restriction shall also apply
to properties located along arterial or collector roadways within the
M-l district. Screening materiaL which mav include walls. fences.
or hedges, must result in an opaque surface to limit the visibility of
said merchandise or equipment from abutting properties or rillhts-
of-way.
A landscape barrier (in accordance with Chapter 4. Article II,
Section 3.B and Section 3.C.) maybe required in all instances where
the outdoor storage area abuts an incompatible land use, zoning
district, and I or rillht-of-way.
5. Exterior storage or display: Exterior storage or display of
merohandise or materials shall be prohibited, '.villi the eKception of gr{)'.ving
plants.. '.vhieh are stored or displayed as an aooessory use to a la'Nful
principal use.
6. EKterior display and storage of merohandise. Exterior display of
retail merchandise shall be permitted, proyided that such merchandise is
o'l.'fled by the operator of the business occupying the building, and is the
same type of merchandise that is typicaJly sold within the building. Exterior
display storage of merchandise shall be f{)r a length of time 'Nhich, OR a
daily basis, shaJl not exoeod eighteen (18) hours. Exterior storage or display
of motor vehicles and boats, 6-xoludiRg vflecked motor vehicles, shall also
bc permitted to the extent that same is integral to the operation of a
oonforming use or a legal nonoonforming use, and vlithout limitation on
length of time. Exterior display of merchandise shall be oompletely
oontained within property lines, and shall not oompletely block 'NalkvnlYs or
othenvise create a hazard to the public. Parking areas shall not be used for
such displays except for a period or periods of time which shall not exceed
seven (7) days within anyone (1) calendar year. Permission from the
development director or his authorized representative shall be required for
any use of parking areas f{)r display of merchandise. The exterior display or
stora-ge of gro'.ving plants shall be permitted in oonnection v.rith a lav.'ful
principal use, TlIithout limitation on length of time.
6. Exterior display or storage. EKterior display of merchandise shall
oomply'.vith all provisions that apply to the exterior display of merohandise
in the C 3 district. Exterior stora-ge ofmerchandisc, m.aterials, or equipmoot
May 21, 2008
38
SUPPLEMENT AL REGULATIONS
shall be allo'.ved only as an accessory use to a la?/ful priRcipal use 'vvhich
oocupies a building, and shall be adequately screcned. Exterior storage or
display of motor vehicles and boats shall also be permitted to the extent that
same is integral to the operation of a confDrming use or a legal
nonconforming use, and v/ithout limitation on length of time, and ':/ithout
the requirement for screening. Exterior storage is prohibited, unless
adequately screened.
tt. Outdoor display or sales of merchandise, subject to the conditions
set forth in Seetion 6.C.6 of these zoning regulations.
Exterior display of retail merehandise shall be permitted, provided that such
merchandise is ovmed by the operator of the business occ-upying the
building, and is the same type of merchandise that is typioally sold .:..ithin
the building. Exterior storage of merchandise shall be for a length oftime
'.vhich, on a daily basis, shall not exceed eighteen (18) hours. Exterior
storage or display of motor vehicles and boats, excluding '..vrecked motor
vehioles, shall also be permitted to the extent that some is integral to the
operation of a conforming use or a legal noneonformiRg use, and '.vithout
limitation on length of time. Exterior display of merchandise shall be
completely contained ':/ithin property lines, and shall not oompletely block
walkways or othef\vise create a hazard to the public. Parking areas shall not
be used for such displays except for a period or periods of time v/hich shall
not exoeed seven (7) days v/ithin anyone (1) caleRdar year. Permission
:from the development director or his authorized representative shall be
required for any use of parking areas for display of merchandise. The
exterior display or storage of gro\.ving plants shall be permitted in
connection v.ith a la'.vful principal use, v,ithout limitation on length oftime.
Table 6F 1
Prohibited.
Table 6F 1 Open storage or display is prohibited unless adequately
screened, exoept that gro'vVing plants v/hich are stored or displayed shall not
require screening. Any exterior storage of motor vehicles or boats in a
':.Tecked condition shall be permitted only in connection ,:..ith a la\\.ful
principal use allowed clse\yhere in this section, and shall be adequately
screened.
L. pm district. Outdoor storage of materials may be pennitted bused
on a finding of the planning and development board that such storage does
not exoeed fifteen (15) per oent of the total square footage of the building
site and that suoh storage is screened and fenced to preclude exposure to the
~.
Outdoor stora-ge of any t)pe, other than rental cars is prohibited. The
outdoor display or sales of merchandise requires oonditional use appro'/al.
May 21.2008
39
SUPPLEMENT AL REGULATIONS
.^...ny exterior storage of motor yehicles or boats in a "'"\Teoked condition shall
be permitted oRly in cOH:Ileotion 'Nith a lawful prinoipal use allowed
elsel,.T:here in this seetion, and shall be adequately screened.
Outdoor storage of materials may be permitted based on a finding of the
planning and development board that suoh storage does not exoeed fifteen
(15) per oent of the total square f{)otage of the building site and that such
storage is screened and fenced to proclude exposure to the public.
Section 9.
Sidewalk Cafes.
A. Permits Required. B. PERMIT REQUIRED. It shall
be unlawful for any person to operate a sidewalk cafe within
abutting any sidewalk or public right-of-way within the city without
obtaining a permit as required by this article. Sidewalk cafes shall
be located only where permissible as prescribed herein. No person
shall establish a sidewalk eafe abutting any sidev;alk unless such
person has obtained a valid permit for a sidewalk cafe pursuant to
this artiole.
Thirty (30) days from the effeotive date of this article, any person or
entity operating; a side\valk eaft 'l/ithout a permit or any property
ov:ner allov:ing the operatioR of a sidewalk oafe without a permit
upon his/her/its property shall be subject to penalties as provided in
this article.
B. Applicability. C. GEOGR.'\.PHIC LIMITATION.
A sidewalk cafe may be allowed, subiect to review and
approval as outlined herein, on an abuttinll public sidewalk (right-
of-way) as an accessory use to a le~ally operatinll Restaurant or
Nightclub establishment, provided that said establishment is located
within the boundaries of the Community Redevelopment Allency
(CRA) area. A sidewalk cafe shall be subiect to any additional
limitations or restrictions of the zoning district for which it is
located. A sidewalk ca.fe is prohibited outside the boundaries of the
CRA.
Sidev:alk oafes shall be limited to the boundaries of the Community
RedevelopmCflt .\.rea and zoning districts ';,rhich allow restaurams or
nightclubs, subj eot to any limitations or restrictions of the partieular
zoning district.
D. PERMIT FEE. 1. The annual permit fee for establishing
or maintaining; a sidC'Nalk cafe shall be $3.75 per seat "''lith a
minimum charge of$93.00.
May 21,2008
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SUPPLEMENTAL REGULATIONS
2. The permit f-ce shall be paid on or before October I st and
shall cover the time period from October 1 st through September
30th ofthe follo'l:ing caleRdar year, pro'/ided, ho\ve'v'er, that for the
2001 2002 yea:r; the fee shall be due and payable on or prior to
operation and prorated for the year. No permit shall be issued for
any fractional portion of the yeaf'; providod, however, that any
person or entity operating a sideT:(alk cafe for a period beginning
after April 1 st, may obtain a permit for the remaining portion of the
fiscal yenr upon pa)ment of one half of the permit fee roquirod by
this article. No refund of f-ees shaH be allo':(od.
3. The permit fees eollected pursuant to this section from
sidewalk caf.es looated in the City ofBo)nton Boach shall be plaoed
in the general re'(enue fund.
E. PERMIT .^...PPLIC^...TION. 1. Applioation for a
permit to operate a sidewalk oafc shall be made at the Department of
Developmoot Offiee of Business Tax Reoeipts. Such application
shall inolude:
a. Name, address and telephone number ofthe applicant.
b. Name and address of restaurant / night club.
c. ,^... cop)' of a valid City of Boynton Beach occupational
license to operate a restaurant or a nightelub adjacent to the
side',valk 'Nhieh is the subject of the applioation.
d. In the oase of a ne':: or neT'!:l)' reno':ated facility, a copy of a
valid oertifioate of eompletion for the building frontage adjacent to
the side'.valk 'Nhioh is the subjeot of the application.
e. Evidence of insurance containing terms required under
section G. of this article.
f. .^~ dra'Ning to scale showing the layout and dimensions of the
existing sidev:alk area and adjacent private proper1J', proposed
location, size and number of tables, ohairs, steps, trees, parking
meters, bus shelters, sidC'lla1k benches, trash receptacles, and any
other sidewalk obstruction either existing or proposed 'Nithin the
pedestrian area.
g. Photographs, dra'lv'ings or manufaoturer's brochures fully
describing tho appeaf'anoo of all proposed tables, chuirG, umbrellas
or other objeots related to tho sidewalk cafc.
May 21.2008
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SUPPLEMENTAL REGULATIONS
h. 'Nritten appro'v'al by thc huilding o':,'ller as to thc proposed
use of the sidewalk and building frontage for a sidc':/alk cafe.
1. A nonrefundable application fee of forty dollars ($10.00).
2. .\pplications shall bc re'v'ie'lIed f{)r compliance with city
ordinanoes and must be approved by the CR}~ Board. Final
approval shall be from the City Commission.
C. Re2"ulations. F. REQUIREMENTS OF.^~ SIDEW.^~LK
Cl\.FE PERMIT.
1. Private Sidewalk. Sidewalk cafes shall be
restricted to the private sidewalk froRtage of the lioensed
restaurant or nightolub to V/hioh the permit is issued or
within the private sidewalk :frontage of the building where
the validly licensed restaurant or nightclub is are located.
2. Accessibilitv. Tables or chairs shall be located a
minimum of five (5) feet from a pedestrian crosswalk or
handicap ramp, bus stop shelter, bus stop sign, taxi stand,
stop sign or fire-hydrant.
!.:. 3-:- A clear pathway, parallel with the
street, with a minimum width of four (4) feet, shall
be maintained for through pedestrian traffic.
However, a minimum width offive (5) feet shall be
maintained between the seats where the pedestrian
path bisects the proposed seatinll arrangement. +his
requireHlCflt must be consistent with the Landscape
~
b. 40 In areas of congested pedestrian
activity, the City may Commission is authorized to
require a wider pedestrian path, as circumstances
dictate.
3. Perimeter. 5. Temporary No objects;
including landsoaping, shall be permitted around the
perimeter of aE: a sidewalk area occupied by tables and
chairs that would have the effect of forming a physical or
visual barrier discoursing the use of the pedestrian path of
the sidewalk in acoordanoe 'llith all other requirements of
this section.
May 21,2008
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SUPPLEMENTAL REGULATIONS
4. Safety. & Tables, chairs, umbrellas,
canopies, awnings, and any other objects utilized as part of
the sidewalk cafe shall be of quality design, materials, size,
elevation~ and workmanship~ both to ensure the safety and
convenience of users, and to enhance the ','irmal quality of
the urban environment. Design, materials and colors shall
be appro~,'ed by the CR.'\. Board and City Commission prior
to the issuanoe of the side',':alk cafe permit.
~ Awnings, umbrellas~ and other decorative material
shall be fire-retardant, pressure treated or manufactured, or
fire resistant material. Signs on u\Yilings, umbrellas, chairs,
tables and any other fixtures '.vhieh are placed on the public
right of way shall be limited to the name of the principal
use. Lettering may not eJweed four (1) inches in height.
The City may require relocation of tables. chairs, and other
obiects at any time for safety or pedestrian flow
consideration.
5. Desi2"n. &-:- All tables, chairs, umbrellas,
canopies, awnings, and any other objects as part of the
sidewalk cafe shall meet the following minimum design
standards:
a. Contribute to the aesthetic appearance of the
area where the sidewalk cafe is proposed by
promoting the design and color theme applicable to
that area;
g. Contribute to the efforts of community
identity and redevelopment;
c. Not constitute or create traffic or pedestrian
hazards; and
d. Respect Community standards relative to
decency and obscenity.
6. Outstandin2" Debt 9-: Prior to forwarding the
application to the CRA Board, the CRA Director or
designee shall certify that there are no outstanding fines,
moneys, fees, taxes or other charges owed to the City by the
current or past owners or operators of the property
requesting a sidewalk cafe permit. A sidewalk cafe permit
May 21,2008
43
SUPPLEMENTAL REGULATIONS
will not be issued until all outstanding debts to the city are
paid in full.
7. Menu Board. -l-Q.,. One (1) menu board only shall
be permitted and limited to a maximum of four (4) square
feet. The menu board location shall be shown on the permit.
The menu board shall not be a sand'J;ioh an "A"-Frame
sign. 11. .^JlY food senioe establishment that qualifies
under the conditions of this article may redesign the face of
their establishment to allow for doors or panels that permit
the establishment to have totally open sides allov;ing for an
indoor / outdoor "cafe" design. These changes in the
buildiRg can only be made after a proper building permit is
issued, said changes otherwise oomply '.vith this Code, and
all appropriate fees paid.
D. Liability and Insurance.
INSURl.l.NCE.
G.
LV\BILITY AND
1. Liability. The permittee agrees to indemnify,
defend, save and hold harmless the city, its officers and
employees from any and all claims, liability, lawsuits,
damages and causes of action which may arise out of this
permit, or the permittee's activity on the premises by
executing a written hold harmless agreement.
2. Insurance. The permittee agrees to meet and
maintain for the entire permit period, at his / her own
expense, the following requirements:
a. Commercial general liability insurance in the
amount of one million dollars ($1,000,000.00) per
occurrence for bodily injury and property damage.
The city must be named as an additional insured on
this policy, and an endorsement must be issued as
part of the policy reflecting this requirement.
b. Worker's compensation and employer's
liability as required by the state.
c. All policies must be issued by companies
authorized to do business in the state and rated B+:
VI or better per Best's Key Rating Guide, latest
edition.
May 21,2008
44
SUPPLEMENT AL REGULATIONS
d. The city must receive thirty (30) days written
notice prior to any cancellation, nonrenewal or
material change in the coverage provided.
e. The permittee must include in the application
an original certificate of insurance as evidence that
the above requirements have been met. Failure to
maintain these requirements shall justify a
suspension or revocation of a sidewalk cafe permit
by the city manager.
t ;h The permit period shall run and
insurance requirements as described in subsection b.
above shall be effective from October 1 st until
September 30th of the following calendar year.
H. SIDE\Il.^..LK CAFE PERMITS.
1. Each permit shall be effective for one (1)
year from October 1st until September 30th, subjeot
to annua:l renc'.val.
') The permit may be temporarily suspended by
the City, 'v','hen necessary to olear sidev;alk areas for
a "community or special event"~ authorized by a
permit issued by the Leisure Servioes department.
3. The City may require the temporary removal
of side';;alk cafes ",,,hen street, side\valk, or utility
repairs necessitate such action.
1. The City and/or an authorized police officer
of the City may cause the immediate remo';al or
relocation of all or parts of the sidev"alk cafe in
emergency situations.
5. The City and its officers and employees shall
not be responsible for sidewalk cafe components
relocated during emergencies.
6. The permit shall be specifically limited to the
area shown on the "exhibit" attached to and made a
part of the permit. The City shall have the right to
remove without notice, any tables, chairs or other
objects not in the permit area.
May 21,2008
45
SUPPLEMENTAL REGULATIONS
7. The permittee shall act to assure that its use
of the sidewalk in no '.vay interferes '.vith sidev;alk
users or limits their free unobstructed passage. The
City may require relocation of tables, chairs and
other objects at any time for safety or pedestrian
flo'N oonsideration.
8. The sidewalk cafe shall be open for use by
the general public, although such use may be
restricted by the permittee to the patrons of the
permittee.
9. Permittees holding an oeoopationallioeFwe or
certifioate of use limited to take out food shall Rot
be permitted to provide table service OR the
sidewalk. This provision shall not inolude an ice
Ci"eam shop or ooffee bar which is duly lioensed for
eat in servioe.
10. Tables, ehairs, umbrellas, and any other
objeots permitted as part of a sidewalk oafe shall be
maintained 'l/ith a clean and attraeti'v'e appearance
and shall be in good repair at all times.
11. The sidewalk area oO'lered by the permit and
sidev;alk and roadway immediately adjacent to it
shall be maintained in a neat and orderly appearance
at all times, and the area shall be cleared of all debris
as needed during the day, and again at the close of
each business day.
1.2. No signs other than those permitted herein
shall be permitted in the public right of 'Nay.
13. Notables, chairs or any other parts of
side','lalk cafes shall be attached, chained, or in any
manner affixed to any tree, post, sign or other
fixture, curb or side\'.'allc '.vithin or near the
permitted area. No additional outdoor seating
authorized herein shall be used for calculatiRg
seating requirements pertaining to location of,
applications for, or issuance ofliquor license for any
establishment usc area and/or seating capacity
realized through the sidev/alk cafe use and
oontiguous outdoor dining shall not in'v'oke
pro','isions of the zoning oode as they pertain to
parking or other matters, '.'lith the exception of
May 21,2008
46
SUPPLEMENTAL REGULA TJONS
capital facilities fees ',vhieh 'vYill be assessed per
seating.
11. The area behveen the cxterior '.valls of a
restaurant or a nightclub and thc edge of sidey.';alk
shall bc designated as public spaoe. The placement
of tables and chairs in this public spacc shall not
constitutc a building impro';ement whiofl othery;isc
triggers structural impro'/ements to the operating
business under the provisions of the Southern
Building Codc or any state statute. In thc e'v'cnt an
operator of a restaurant or a ni;ht club creates a
side'Nalk cafe pursuant to thc terms of this section
and such creation entails actual structural
impro','ements to any portion of thc structure other
than the permanently obstructed iRgress or egress to
the rcstaurant or nightolub then, in that event, all
applicablc provisions ofthc Southem Building Codc
or state statutes necessitating improvements to the
property shall apply.
1 S. No food prepamtion firc, or firc apparatus,
shall bc allovled on the public sidev;alk.:., other than
that employed in the course of ordinary tablcside
servicc, including but not limited to menu items
'.vhich requirc table preparation, v;hether or not such
area is covered by this permit.
16. Upon the issuance ofa "Hurricane Warning"
or "Hurricane Vlatch" by the authorities, the
permittee shall forth',vith remove and place indoors
all tablcs, chairs, a'Nnings and other equipment
located on the sidewalk.
1. "\PPROVf~L, DENL^~L, REVOCATION OR
SUSPENSION OF PERMIT; REMOVALi\"""m STOR'\GE
FEES; EMERGE"!'JCIES. 1. Sidewalk ---€afe
applications shall bc revie'.ved v..ith standards enumerated in
this article. 2. The appro';al of a sidev:alk cafe permit is
conditional at all times. "'\ side''valk cafe permit can be
denied, re'loked.:....or suspended if:
Any necessary business or health permit has been
suspended, revoked or cancelled.
Any current ';iolation of the City Codc, County
Code or State La"\'; on the premises has been found.
May 21.2008
47
SUPPLEMENTAL REGULATIONS
The permittee exceeds the approved square footage
by placing any additional tables, chairs, etc., beyond
the approved area.
Changing oonditions of pedestrian or vehicular
traffic causes congestion necessitating removal of
the sidewalkeafe. Such deoisions shall be based
upon findings of the City CR..^~ director that the
minimum four foot pedestrian path is insufficient
under existing oircumstanoes and represoots a
danger to the hewth, safety or geReI'al 'lIelfare of
pedestrians or vehicular traffic.
The permittee has failed to eorrect any ','iolations of
this artiole or conditions of the permit '.vithin nventy
four (21) hours of reoeipt of the City notioe of same
delhrered in \vriting to the permittee.
In the event the permittee fails to remo'v'e any tables,
chairs, and other objects related to the sidevlalk cafe
within hventy four (21) hours ofreoeipt of the City
notice of the denial, revooation or suspensions, the
City may rem.o'v'e said objeets. The pennittee shall
be responsible for the expenses incurred by the City
for the removal and storage of said objects.
2. Upon appro'v'al or denial of the permit, the City shall
give written notiec of such aetion to the permittee.
3. "^~pprovw or denial of the permit by the CR..^~ shwl be
plaoed on tho Rext City Commission consent agenda for
reVle'N.
1. Revocation or suspension shall be placed on the next
CP,-,\ agenda and itsdeoision placed on the nm,t City
Commission consent agenda for reviS'.,;,.
5. If the CR..^... director believes that a permittee has
engaged or is engaged in conduct warranting the suspension
or re'v'oeation of the permit, he shall Sef\'e the permittee by
certified mail or hand delivery, at the business address as
disclosed in the applioation for the permit, a vmtten notice
of ordinanoe violation which affords reasonable notioe of
facts or oonduct which warrant the intended action, and a
reasonable time f{)r the permittee to cure the violation. The
complaint shall state what is required to be done to eliminate
May 21,2008
48
SUPPLEMENT AL REGULATIONS
the violation, if any. The permittee shall be given adequate
opportunity to request a rcvie':.' as pro'/ided herein, unless
the city manager finds th.at a.n emergency condition exists
in'/oh'ing serious danger to the public health, safety and
\velfarc, in ':,rhich casc advance notice a.nd heariRg shall not
be required. In the case of a.n 0ffiergeney suspension or
re'/ocation, the licensec shall immediately be ad','ised of the
city manager's action. In the event the permittee does not
cure the yiolation >,vithin the reasonable time designated by
the city manager, the case shall be placed on the CR.^. Board
agenda.. Final decision of the CRf. Board shall be placed on
the ReKt City CommissioR agenda for revie',l,'. In 0ffiergeney
suspension or revocation, a revie',v as pro'/ided herein shall
follmv as soon as practicable.
6. Appellate pro','isions: .\ny aggrieved party may
appeal u final deoision of the City Commission under this
chapter by '.vrit of certiorari as provided in th.e Land
De'lelopment Regulations Chapter I,Article 7, Section 1.
E. Penalties. 1. PENl,LTIES. The follo':,ring ciyil
fines shall be imposed for violators of this article:
First citation
Second citation (within a 1 year period)
Third citation (\vithin a 1 year period)
$100.00
250.00
500.00
Anv violators of this section shall be fined in accordance with
Chapter 1, Article I. Section 7.A of these Land Development
RellUlations. See Chapter 2, Article VI. Section 2.C for additional
information regardinll the denial or revocation of a sidewalk cafe
permit.
F. Recovery of Unpaid Fines. K. RECOVERY OF
UNPl,ID FINES; illl"P.^JD FINES TO CONSTITUTE LIEN:
FORECLOSURE.
-l-:- The Code Compliance Board shall have the power and
jurisdiction to hold hearing for recovery of unpaid fees under this
chapter as mandated under Part II. Chapter 2, Article 5 .\rticle 5 of
Chapter 2 of this Code. The Board at its option may impose liens as
provided in Article 5 of Chapter 2.
;;h The City of Boynton Beach may institute proceedings in a
court of competent jurisdiction to compel payment of civil fines.
May 21.2008
49
SUPPLEMENTAL REGULATIONS
L. l\.PPLIC.^~TION. In the e'v'ent of any conflict beh:/een the
pro'lisioIls of this ohapter and any other sections of the Code, the
pro'nsioIls of this chapter shall prevail. (Ord. No. 01 16, ~ 1, 3 20
(Hj
Section 10. Mobile Vendor Re2"ulations.
A. Purpose. The purpose of this section is to provide for
the regulation of mobile vending activities on public and private
property, in certain commercial and mixed-use zoning districts of
the City in order to promote the public interest by contributinll to an
active and attractive pedestrian environment. In recognition thereof,
reasonable regulation of mobile vendinll is necessary to protect the
public health, safety, and welfare and the interests of the City in the
primary use of public streets, sidewalks, and parking areas, for use
by vehicular and pedestrian traffic.
B. Definitions. See Chapter 1, Article II for specific
definitions applicable to Mobile Vending Units (MVU).
C. Permits Reauired. It shall be unlawful for any
establishment or organization to enllage in or carry on the business
of vending food. goods, or services, upon private property or the
public ways of the City without first having secured a permit or
permits as required by this section. See Chapter 2, Article II,
Section 15 for additional regulations regarding obtaining permits for
an MVU.
It is not the intent of these regulations to be applied to mobile
vendors temporarily approved in con;unction with a special sales
event. See Section 6 above for additional regulations regarding
Special Temporary Sales Events.
D. Districts. The operatinll area of an MVU shall be
entirely located in the following zoning districts: C-2, C-3, C-4,
CBD, rCD, SMU, MU-LL MU-L2, MU-L3, MU-H.
E. Compatibility. An MVU shall be compatible in
materials and color with the surrounding environment. The use of
an MVU shall be compatible with the public interest. In making
such a determination, staff shall consider the type and intensity of
use, the width of the sidewalk, the proximity and location of
existing street furniture, includinll but not limited to traffic control
devices, simposts, lampposts, parking meters, benches, phone
kiosks, mailboxes. fire hydrants, landscaping, trees, buffer yards,
public art and refuse containers, as well as the presence of truck
May 21,2008
50
SUPPLEMENTAL REGULATIONS
loadinll zones. Staff shall also consider established and emerlling
pedestrian and vehicular traffic patterns, as well as other factors it
deems relevant in determininll whether or not the proposed use
would diminish required parkinll or result in con2"estion of the
public and private ways, on-site traffic circulation patterns. or the
creation of a safety hazard.
F. Location Criteria. .tvl MVU shall be limited to one (1)
assigned location and must be self-contained: utility service
connections are not permitted. In addition, an MVU must comply
with the followinll location criteria. whichever is applicable:
1: Public Property and Ri2"hts-of- W av. ,tvl
MVU, located on public property or within a rillht-of-wav,
shall comply with the followinll requirements:
!.: Maximum Area. .tvl MVU shall not
occupy an operatinll area of more than 72 square feet
of space, includinll the unit. operator, trash
receptacle, signa~e, merchandise, and coverinll. if
applicable. A sinllle entity may request approval for
more than one (1 ) MVU within the same 72-square
foot operatinll area.
b. Maximum Dimensions. An MVU shall
not exceed four and one-half (4-V2) feet in width by
eillht (8) feet in len!rth, including any hitch or fixed
trailer components. In addition, the MVU must have
a minimum of two (2) functional. fully inflated
wheels. and positive wheel-lockinll devices.
c. Maximum Hei2"ht. The maximum hei2:ht
of an MVU. includin~ anv coverinll, such as its
canopy, umbrella, and / or transparent enclosure,
shall not exceed seven (7) feet.
d. Sidewalks. i\n MVU vendor located on a
public sidewalk shall not:
ill Vend at any location where the
sidewalk is less than 10 feet in width:
ill Vend within 20 feet of an entrance to
any building, bus stop sign, driveway. stop
sign, or cross walk of any intersection: and
May 21. 2008
51
SUPPLEMENTAL REGULATIONS
ill Obstruct the view of any directional
sign, traffic control sign, or device.
2. Private Property.
private property, provided
following regulations:
An MVU is allowed on
that it complies with the
.!.:. Accessory Use. A new or renewed
MVU is allowed as an accessory use to a lawful
principal use. The principal use must be located
within a principal building and possess a valid
Business Tax receipt. No MVU shall be allowed on
a vacant lot / leased parcel.
b. Class "A" MVU. An MVU is
considered "Class 'A'" if it is less than seven (7)
feet in height, including its canopy. umbrella, and /
or transparent enclosure and if the operating area is
72 square feet or less, including the unit, operator.
and trash receptacle.
A Class "A" MVU is allowed on hard surfaces only,
and if placed within walkways, shall not obstruct or
impede pedestrian movement or cause
noncompliance with ADA accessible route
requirements. A minimum clear passage offour (4)-
feet must be maintained for pedestrian travel at all
times.
A Class "A" MVU may be placed within off-street
parkinll spaces but shall be restricted to excess
parkinll spaces only. It shall not obstruct or impede
critical vehicular use movements or otherwise create
a hazard.
.s Class "B" MVU. An MVU is
considered "Class 'B'" if it is either ~eater than
seven (7) feet in height or in excess of72 square feet
in operatinll area, or both.
A Class "B" MVU shall meet the building setbacks
of the zoninll district for which it is located, along
with the other regulations required for a Class "A"
MVU.
May 21,2008
52
SUPPLEMENT AL REGULATIONS
G. Removal. Each MVU shall be removed daily. An MVU
shall not remain on any public or private property, or within any
rillhts-of-way between the hours ofmidnillht and 6:00 AM.
H. Maintenance. The mobile vending unit, including
any canopies, umbrellas, or transparent enclosures, must be clean,
and well maintained. The vending site itself must also be clean and
orderly at all times, and the vendor must provide a refuse container
for use by his patrons. The container shall be removed after the unit
has departed for the day. Vendor wastes of any kind shall not be
deposited or permitted to be deposited upon the !:!found, sidewalk,
streets, city waste receptacles, or private dumpsters.
I. Separation.
L Between Units. An MVU shall not be placed
within 100 feet from another MVU of a different vendor for
which a permit had been !:!fanted. No permit shall be issued
for a new MVU that does not meet this minimum distance
requirement.
2. From Selected Land Uses.
a. An MVU shall not be placed within 300 feet
from the property line of any public or private Dav
Care, any type of School, playground, or single-
family residential zoninll district.
b. An MVU shall not be placed within 300 feet
:from the property line of any establishment that sells
or provides similar foods, merchandise, or services
as that of the MVU.
.s An MVU shall not be placed within 300 feet
of the propertY line of any church. temple, mosque,
svnaQ:ogue, or other place of worship.
J. Displav.
1. Displav of Permit and License. All vendors
must display the permit issued bv the City in a prominent
and visible manner. In addition, an MVU capable of
operatinll within public ri2:hts-of-way shall display a current
Florida Department of Hi~hway Safety & Motor Vehicles
(DHSMV) license plate.
May 21. 2008
53
SUPPLEMENTAL REGULATIONS
2. Displav of Merchandise. All merchandise must
be displaved on the MVU. No merchandise shall be
displayed using street structures (planters, trees, trash
containers, signposts, etc.) or placed upon the sidewalk.
K. Emer2"encies. Vendors shall obey any lawful order
from a police or fire department official during an emergencv or to
avoid congestion or obstruction of the sidewalk.
L. Prohibitions.
1. Solicitations. An MVU approved and located
within a riQ:ht-of-wav shall not solicit or conduct business
with persons in motor vehicles.
2. Advertisements. Vendors shall not make loud
noises, use mechanical audio, noise-making devices, moving
obiects, or lighting systems to advertise his or her product.
3. Unattended. No MVU shall be left unattended.
4. Miscellaneous.
!:. Vendors shall not hinder or impede the use
of any phone kiosk, mailbox, parking meter, fire
alarm, fire hvdrant. or traffic control device.
b. No tables, chairs, or umbrellas are to be set
up for use by customers. with the exception for those
located on private properties and utilized in
connection with a Class "B" MVU.
.s No freestanding signs. flags, banners, tents,
tarpaulins, canopies, or awninlls shall be allowed in
connection with an MVU. All sirns, flailS. banners,
tents, tarpaulins, canopies, or awninlls shall be either
attached to, centered over. or resting against the
vendinll vehicle / equipment, with the exception of a
one (1 ) freestanding canopy. which may be allowed
for an Auto / Car Wash (Po lish infl. Waxinfl.
Detailinfl) type ofMVU in accordance with Chapter
3. Article V, Section l1.L below.
May 21,2008
54
SUPPLEMENTAL REGULATIONS
M. Specific Re2"ulations bv Tvpe of MUV.
1. Food. Vendors of food or beveralles shall comply
with all applicable State and local health laws reQUlatinll the
preparation, handling, and preparation of food. All sinllle-
service items shall be stored in closed containers or cartons,
off the floor of the vehicle. except that approved dispensers
may be used for utensils and cups for immediate use in the
vendinll operation.
2. Auto / Car Wash (Polishim!. Waxin1!. Detailin1!).
An Auto / Car Wash (Polishing, Waxinz. Detailing)
type of MVU shall not be allowed on public property or
within any rillht-of-way. This type ofMVU is onlv allowed
on private property and shall comply with the location
criteria of paragraph "F" above. One (1) :freestanding
canopy may be allowed for this type ofMVU in addition to
another canopy that is either attached to, centered over. or
restinll against the vending vehicle or equipment. In all
instances. the size of the freestandinll canopy shall be the
minimum necessary to accommodate one (1) parked vehicle,
but not to exceed 20 feet in width by 20 feet in lenQ:th, and
must be removed daily.
N. Fees. Any fees associated with a Mobile Vendor Permit
shall be in accordance with Chapter 2, Article VII. Section 1.1.
Sec. 19. Mobile \'(mdor.
A. PURPOSE.
The purpose of this section is to providc fur the regulation of street and
side'......alk vending acti'.'ities in certain commercial and mixed use zoning
distriots of the city, in order to more fully promote the public interest by
contributing to an acti'.'e and attractive pedestrian en'.'ironment. In
reco gnition thereof, reasonable regulation of street and sid6\valk 'v'ending is
neoessary to proteot the public health, safety, and ',velfure and the interests
of the city in the primary use of public streets and sidewalks for use by
'/chiculur and pedestrian traffic.
It shall be unla',vful for any person, firm, corporation, or association to
engage in or carryon the business ofT/ending food, goods or ser/ices upon
the public '....;ays of the cit)"Nithout first haying secured a permit or permits
us required by this section.
B. DEFINITIONS. For the purpose of implementing and interpreting
this sootion, the follo'.'/ing definitions shall apply:
May 21,2008
55
SUPPLEMENTAL REGULATIONS
l\DULTER.\TED The condition of a food that bears or oontains any
poisonous or deleterious substance or has been prooessed, prepared, packed
or held lH'lder unsanitary oORditions, v:hereby it may have beoome
oontaminated '.vith filth, in a quantity v:hieh may render it injurious to
health.
APPROVED M.\1-il'JER That method of dealing v:ith '.vaste, solid or
liquid, which oomports \.vith adequate sanitation methods as established by
the Di'lision of Hotels and Restaurants of the Florida Department of
Business and Professional Regulation.
APPROVED SOURCE A lioensed food processing establishment
considered satisfactory by the health director and seiviRg food products
which are olean, wholesome, free frDm adulteration or misbranding and safe
for human oonsumption.
COMMERCIAL OR MIXED USE ZONE Any property '.vhioh is
presently or hereafter zoned C 2, C 3, C 1, CBD, PCD, SM1J, MU Ll, MU
L2, ~ru L3 and I\ill H or any oommeroial or mixed use zoning districts
subsequently adopted by the city.
COMMISS.^..RY A food prooessing establishment or food servioe
establishment approved by the Division of Hotels and Restaurants of the
Florida Department of Business and Professional Regulation in v/hich food,
containers or supplies arc kept, handled, prepared, packaged or stored for
transportation by mobile 'v'ondors.
CORROSION RESIST.\NT M.^....TERL\L .^.. material \.vhich maintains its
original surface oharacteristics under prolonged influence of food, oleaniRg
oompounds, bactericidal solutions and other conditions of use environment.
E.^...SIL Y CLEAN.'\BLE Surfaces are readily aocessible and made of such
material and finish and so fabricated that residue may be effecti'v'ely
remoyed by normal oleaning methods.
FOOD ;\ny ray::, cooked or prooessed edible substanoe, ice, beverage or
ingredient used or intended for use or for sale in '::hole or in part for human
oonsumption.
FOOD HANDLER A person, oertified by the Division of Hotels and
Restaurants of the Florida Department of Business and Professional
Regulation, engaged in the preparation, handling or vending of food.
FOOD VENDOR .\.ny person, yaup of persons, firm or oorporation who
individually or by or through an agoot or employer, offers for sale, sells,
May 21,2008
56
SUPPLEMENTAL REGULATIONS
attempts to sell, exposes for sale or gives away any f{)od intended for human
consumption from any '.'ehicle or by a person afoot.
L^...BEL A display of any ',vritten, printed, or graphic matter upon the
immediatc oontainer, not in eluding paokage liner, of any prepackaged
article in acoordanee ':/ith state lav.'.
LIQUID "\TASTE Fluid, resulting from wastes produced from food
vending operations, oomposed of solids, ':/hetfler dissolved or in
suspension; liquids, v(hethor in solution, in emulsion or in separate phases;
and gases. The term shull also inolude melted ice.
MERCH.'\.NDISE Items of clothing, jO'vVelry (iRcluding timepieces),
photos, ilftv.'ork, hOllse':/ares, flowers, plants, landsoapc materials, carpets,
phones and accessories, small applianoes, medicines, personal carc items,
books and/or magazines as well as audio or'v'ideo recordings, tapes, discs or
other media.
MISL'\BELED .'\.ND MISBRANDED The presence of any vlritten,
printed or graphic matter upon or aceompanying any food or oontainer of
food ':"hich is false or misleading and which is not presented in the Eaglish
language as stipulated by the Food and Drug .'\.ct, Title 21, Chapter 1
101.15 or whioh violates any applioable federal, state or looal labeling
requirements.
MOBILE VENDING UNIT (M\TT.J) Any movable cart, trailer, or other
'v'ooiole that is operated from an established looation, from ',vhich food,
flowers, and other meJ'chandise and servicos, as v<,ell as non alooholic
beveJ'ages arc provided to tho public with or '{/ithout charge; except,
hov<,ever, that thc provisions of this seotion shall not apply to mobile
caterers or servicc providers, geneJ'ally defined as a person engaged in thc
business of transporting, in motor '/ehicles, food, beverages, or scrvice
equipment to residential, business, and industrial establishments pursuant to
prearranged schedules, and dispensing from the 'looicles the items or
s61Yioes at retail, for the convenience of the personnel of such
establishments.
PERISH.^..BLE FOOD Food, inoluding shelled eggs, of a type or in such
condition that it ',vill become adulterated unless kept at a temperaturc v/hich
',vill maintain product quality and ':lholesomeness.
PERJ\HT .'\.license to operate a mobile 'v'ending unit \\'hich shall be issued
by thc Planning and Zoning Division of the city's Department of
De'v'elopment for a stated fee and shall be carried by a vendor or food
handler at all times while vending.
May 21.2008
57
SUPPLEMENTAL REGULATIONS
POTENTL^...LL y HA.z~^JU)OUS FOOD ",\oy food that consists in whole
or in part of milk or milk products, eggs, meat, poultry, fish, shellfish,
edible crustaoea or other ingredients inoluding synthetic ingredients, in a
form oapable of SUPPOrtiRg rapid and progressive grO'l,Tth of infectious or
toxigenic microorganisms. The term does not include clean, y/holc,
uncraoked, odor free sholl eggs or foods which have a pH le'v'el of 1.5 or
belo'.v or a '.vater ac-ti'.ity (A '.l/) value of 0.85 or less.
PUBLIC \V.^~YS Inoludes all portions of pub lie streets, alleys, sidev/alks,
trails and parking lots of the oity and, in addition, shall inolude pri'/ately
o'Nned streets, roads, all6)'s, sidewalks, trails, and parking lots that are
pro'.ided for publio use or access.
S~'\FE TE~'!PER.'\TURES, as applied to potentially hazardous food, shall
mean temperatures offorty five (15) degrees Fahrenheit (seven (7) degrees
Celsius) or below, or one hundred forty (110) degrees Fahrenheit (sixty (60)
degrees Celsius) or abo~/e and zero degrees Fahrenheit (minus seventeen
(17) degrees Celsius) or below for frozen food storage.
SANITIZE Effeoti'/e bacterioidal treatment of cleaned surfaoes of
equipment and utensils by a prooess which has been appro'v'ed by the
Di~,'ision of Hotels and Restaurants of the Florida Department of Business
and Professional Regulation as being effcctive in destroying
microorganisms inoluding pathogens.
SERVICES PeFsoRal servioes to inolude portraits, body art, and hair
braiding; the cleaning and detailing of vehieles inoluding automobiles,
trucks, vans, and motorcycles; and repaif.ng household goods, tools, and
equipment.
SINGLE SERVICE ARTICLES Cups, oontainers, lids, olosures, plates,
knives, forks, spoons, stirrers, paddles, strm.yS, napkins, Y,Tapping materials,
toothpioks and similar artioles intended for one time, one person use and
then disoarded.
STICKER A deoal issued by the Planning and Zoning Division of the
oity's Department of Development that is numbered and has the month and
year of the expiration date of the permit ,<,..hioh shall be displayed on the
mobile 'v'ending unit.
UTENSIL ~^.ny implement used in the storage, preparation, transportation
or serving of food.
VEHICLE Every device in, upon, or by '<,,Thich any persons, food or other
oommodity is or may be transported, pushed or dra\vn.
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SUPPLEMENTAL REGULATIONS
\VHOLESOME In sound condition, dean, free from adulteration and
otherv,'isc suitable for use as human food.
C. PERMITS REQUIRED FOR MOBILE VENDORS.
It shall be unlav;ful for any person, firm, corporation, or association to
engagc in or carryon the business of vending food, goods or services, upon
pri'v'ate property or the public ways of the eity ':;ithout first ha','ing secured a
permit or permits as required by this section.
It is not the intent of these regulations to be applied to mobile vendors
temporally appro'v'ed in conjunction with a special event.
D. :\PPLIC.^~TION REQUIREMENTS.
.\pplications for a permit shall be filed at the Office of the Planning and
ZORiRg Division of the DepartmeRt ofDe'lelopment. Such application shall
oontain all the information required belo':;, along with the current
nonrefundable fcc, to qualify for the permit. .\ decision to issue a permit
':"ill be based on this informatioR, other applicable ordiRances, and other
requirements as may be set forth herein. The applicant must satisfy thc
follo'.ving requirements befme a vendiRg permit can be issued:
1. Submit the name and home and business address of the
applicant, and the name and address of the owner, if other than thc
applioant, of the vending or mobile ','ending unit to be used in the operation
of thc vending business.
'") Submit ,:rotten evidencc of thc appro';al for the vending site
from thc owner and/or tenant of the abutting property if the mobile vendor
intends to be located on u public street or sidevlalk. If the mobile 'v'ending
site is located on private property, the applicant shall submit u copy of the
property o'/;ner's and/or tenant's appro','al for said vending site.
3. Submit u scale drav,'ing (plot plan) shmying the area to bc used,
along ':lith applicable dimensions, plans and/or photographs detailing the
design and size of the MVV to be used including all appurtenances and
signage to be displayed.
1. F or vendors proposing to locate on property o\vned or controlled
by the eity, thc applicant shall maintaiR in force, a comprehensive general
and automobile liability insurance policy ':;ith a minimum coverage of one
million dollars ($1,000,000) per occurrence; one million dollars
($1,000,000) aggregate for personal injury; and one million dollars
($1,000,000) per ocourrence/aggregate for property damage. Said policies
shall name thc city as an additional insurcd and shall include a provision
May 21,2008
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SUPPLEMENTAL REGULATIONS
prohibitiRg cancellation of said policy except upon thirty (30) days prior
,..,Titten notice to the city.
5. Evidenoe of state or eounty permits or other required approvals.
6. For food '/endors, the name and address of the oommissary :from
v/hich the 'lendor operates.
7. Each vendor shall secure and maintain in foroe workers'
oompensation insuranoe to statutory limits or a workers' oompensation
'llai'ler pro'/ided by the vendor's insuranoe broker/agent. The VeflGor shall
furnish the City's Risk Management Department with a oertifioate of
insurance prior to operating in the city. Said insuranoe oompanies must be
authorized to do basiRess in the State of Florida, and the city ',,,,ill not aooept
any oompany that has a rating less than B+ in acoordanoe ',"vith .^L.M. Best's
Key Rating Guide, latest edition. The city reserves the right to require
additioRM types of insurance, or to raise or lovler the stated limits, based
upon identified risks.
E. FEES.
Eaoh application for a street vending permit shall be acoompanied by a
two hundred and fifty dollar ($250.00) applieation fee. The applicatioR fee
shall be non refundable and in addition to, and separate :from, the perm.it fee
of fifty dollars ($50.00) per !\{VU and the fee for the business tax receipt,
all of ',vhich shall be oollocted prior to issuance of the permit.
F. PERMIT /\.PPROVAL.
The Board of the Community RedeY/clopment .^...gency (CR.:\.) or the
City's Planning and Deyelopment Board (P &D) shall consider applications
for a vendor's permit at regularly scheduled meetings of the respective
Board. The applioant shall be permitted to make a brief presentation of his
or her application and may be questioned by the Board.
In determining ,....hether to issue a permit, the Board( s) shall oonsider the
standards and requirements set forth in this section and input :from city staff,
the applicant, and the general public. In addition, the Board(s) may impose
such special conditions to the permit as they may deem neoessary to assure
complianoe with this section. In the event tv/o (2) or more applioations are
received f{)r the same location, the earliest application, if approved, shall be
av/arded the looation. Upon approval of the applica.tion by the respecti'/e
Board, the permit shall beoome effective ,....hen the permit fee and business
tax is paid.
G. TERM OF PERMIT. l.ll permits issued pursuant to this soction
shall be effective as of the nearest first day of the mORth, regardless of the
May 21,2008
60
SUPPLEMENTAL REGULATIONS
actual datc of issuc, and shall CKpirC one (1) ycar from thc effectiT,'c datc
thereof, unless sooner Tc'/oked in the ma:nner prm'ided in this section.
H. PERMIT RENE\Vl..L l.1l pennits issued pursuant to this section
may be rene'l/ed, unlcss the permittee is officially notified to the contrary by
the city. l~ vendor applymg for the rene'llal of a pennit for a business that
remains unchanged since the last applieation or renc'1:al is required to pay
the pennit rene'.val fee only. Renewal must be requested thirty (30) days
prior to expiration.
1. DESIGN AND LOCATION. Upon reoeipt of an applioation for a
permit, tho oity and/or CRl~ staff shall revie\\' the design ofilie vending unit
and the proposed 10oatioR to determiRe if it is suitable for vending and
provide a 'llritten report to the respeoti'le Board. In making its
detennination, the staff shall consider the follo'1:ing critcria:
1. Mobile 'v'ending U:Bits MC limited to OIle (1) assigned location
and each unit in that looation must be oompatiblc in materials and color
'.vith thc surrounding urban l.li1:/ironment.
2. No permit shall be issued f{)r a location within onc hundred
(100) feet of a 10oatioIl for which a street vending permit has already been
granted.
3. The operating area must be located entirely within a commcrcial
or mixed use zoning district.
1. The use of the vending de'v'ices must be oompatible 'v':ith the
public interest in the use of the public ways and public rights of way. In
making sueh a determination, the staff shall consider the typc and intensity
of use, the '1/idth of the side'Nalk., the proKimity and location of existing
strect furniture, including but not limited to traffic control devices,
signposts, lampposts, parking meters, benches, phone kiosks, mailboxes,
fire hydrants, landscaping, trees, buffer yards, public art and rcfuse
containers, us 'l/ell as the presence of truck loading zones. The stuff shall
also oonsider established and emcrging pedestrian and vehicular traffic
patterns, as '1:e11 as other faotors it deems relevant in determining whether or
not the proposed use v;ould diminish required parking or result in
congestion of the public ways or the creation of a safety huzard.
5. A minimum clear passage of a four foot (1) sidev/ulk width must
be maintained for pedestrian travel at all times.
6. l~ mobile vending unit shall not be"placed within three hundred
(300) fect of the property line of any public or private day care, school,
park, or playground, or a single family rcsidential zoning district.
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SUPPLEMENTAL REGULATIONS
7. }~ mobile vending unit shall not be plaoed v;ithin three hundred
(300) feet of the property line of any established ongoing legally zoned
business selling similar f{)ods or other merchandise.
8. }~ mobile 'lending unit shall not be plaoed within three hundred
(300) feet of the property line of any church, temple, mosque, synagogue or
other plaoe ofv/orslrip.
J. GENER../\LRESTRlCTIONS }LND REGUL\TIONS. Anyperson
vlith a valid permit issued pursuant to this section shall be limited to the sale
of merchandise or food, or to tfte pro'/idiRg of personal servioes and vehicle
oleaning, as restricted herein and shall be subjeot to the follovv'ing additional
restrietions and regulations:
1. All veBdors must display, iR a prominent and visible ma:nner, the
permit issued by the city under the pro'v'isions of this section. Mobile
vending units oapable of operating on public rights of way shall also display
a current State of Florida license tag.
2. .\ll :MVUs on public property, shall Rot oocupY an operating aiea
of more than seventy t\.yO (72) square feet of space, vlhich shall include the
mobile unites), the operntor(s), and a trash reoeptacle. A single entity may
request appro'/al for more than one (1) MVU within the se'/enty t\.vo
square foot (72) operating aiea. Mobile vending units on pIl'/ate property
shall be limited to the minimum area required to reasonably perform said
serVIoes.
3. The total size of a MVU on public:: property shall not exceed f{)ur
and one half (1 1/2) feet (fifty four (51) inches) '..vide by eight (8) foet
(ninety six (96) inches) long, inC::luding any hitch or fixed trailer
oomponents. It must have a minimum oft\.,/o (2) functional, fully inflatod
wheels, and have positive wheel locking de';ices. Mobile vending units on
pri'/ate property shall be limited to the minimum size required to reasonably
perform said ser'/ices.
1. The total height of a MVU on public property, including
oanopies, umbrellas, or transparent enolosures, shall not exoeed seven (7)
feet (eighty four (81) inches). Mobile vending units on private property
shall be limited to the minimum height required to reasonably perform said
serVICes.
5. The mobile vending unit, including any oanopies, umbrellas, or
transparent enclosures, must be clean, and \yell maintained. The vendiRg
site itself must also be clean and orderly at all times, and the 'v'oodor must
pro'v'ide a refuse container for use by his or her patrons.
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SUPPLEMENTAL REGULATIONS
6. Soliciting or conducting business with persons in motor '.'ehicles
is prohibited.
7. /...11 merchandise must be displayed on the vending unit. No
merchandise shall be displayed using street structures (planters, trees, trash
containers, signposts, etc.) or plaoed upon the side'.valk.
8. ''/ endors shall not hinder or impedc the use of any phonc kiosk,
mailbox, parking meter, fire alarm, firc hydrant, or traffic control de'.'icc.
9. Vendors shall obey any la'.vful order from a police or fire
department official during a:n emergency or to aTloid congestion or
obstruction of the sidewalk.
10. Vendors shall Rot make loud Roises or usc mechanical audio or
noise making devioes to advertise his or her product.
11. No permitted mobile vending unit shall be left unattended.
12. Each :MVTJ shall be rcmo'.'od daily. ;\n MV1.! shall not remain
on a:nypublic or private property, or any rights of '.vaybetv/een the hours of
midnight and 6 :00 a.m.
13. Vendors selling from a mobile vending unit on a side'.valk shall
fleE
a. Vend at any location v/here the sidev/alk is less than ten (10)
feet '.vide.
b. Vend within tv/ent)' (20) feet ofan entrance to any building,
bus stop sign, drive\vay, stop sign, or cross walk of any intersection.
c. Obstruct the view of a:ny directional sign, traffic control sign
or device.
11. All 'lending units must be self contained. Utility service
connections arc not permitted.
15. Freestanding signs, flags, banners, tents, tarpaulins or mvnings
shall not be allowed within the road rights of vIa)'. ""vI signs, flags, banners,
tents, tarpaulins or a'l/nings must be attached to, or resting against the
'lending vehicle/equipment. No tables, chairs or umbrellas are to be set up
for use by customers. In addition, any permitted operation, pursuant to this
article, shall not display or othef\'lise erect freestanding signs, flags, banners
or tents on public or private property within five hundred (500) feet of the
permitted operation.
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SUPPLEMENTAL REGULATIONS
16. Vendors of food or beverages shall complY'Nith all applicable
state and local health lav;s regulatiRg the preparation, handling, and
presentation offood. Food and beY/erage'lenaors shall also compIY'.'lith the
follov.iRg:
a. Food handlers shall be certified by the Division of Hotels and
Restaurants of the Florida Depa.rtRlent of BusiRess and Professional
Regulation and shall oonform to good hygienic practices.
b. The outer clothing of all food handlers in a mobile food
vending unit shall be olean, fully opaque and co';er the entire torso from
shouldocs to the knee.
e. Food handlocs shall use effee4:i'le hair restraints to prevent the
cOR-tamiRation of food.
d. Food handlers shall Rot use tobacco in any form 'lIhile
engaged in the preparation and vending of food.
Only single socvice utensils shall be dispensed to the
f. All single servioe item.s shall be stored in closed oontainers or
oartons, off the floor of the '/eb.i01e, except that approved dispensers may be
used for utensils atld cups for immediate use in the vending operation.
g. fJI food '/ended shall be from an approved souroe.
h. Food that is adulterated, mislabeled, spoiled or unclean shall
not be used, sold, or pro'.ided.
i. All perishable and potentially hazardous food shall be kept at
safe temperaMes. Frozen food shall be kept in the safe tem.pocature frozen
state until thawed for preparation or dispensed to the customer.
J. . Food shall be stored in a manner as to prohibit cross
contamination.
k. Mobile food vending units shall be operated from a
commissary and shaH report at least daily to such location for all supplies
and f{)r all cleaning and socvicing operations; howeyoc, mobile food vending
units dispensing fresh fish and shrimp, prepackaged nO'/elty ice cream, fruit
and vegetables and individual portion size Ronperishublc foods suoh as
pi01des, ooody, peanuts and ineluding snow ",ones are exempt :from this
pro'llslon.
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64
SUPPLEMENTAL REGULATIONS
1. Food, '.vhether packaged or unpackaged, shall not be stored on
the floor of any vehiele used in the food '<,ending operation.
m. Effecti'.'e mcasures intended to eliminatc the presence of
flies, roaohes, and other insects shall be utilized. /Jl chemicals used for this
purpose shall meet EP.\ guidelines a:n.d shall be used in such a manner as to
pre'v'ent oontamination of food or food contact surfaces.
n. .^.. M\TT.J used for food vending shall be constructed of
oorrosion resistant, ckIt-able materials.
o. The floors and sides of any MVT.....r used for food vending shall
be constructed of materials ',':hich are easily oleanable.
q. Equipment used for food vending shall be installed and
maintained in such a manner that the equipment and the 1\1VT~T used in the
food vending operution can be easily cleaned.
r. A sink, la'/atory, soap and paper towels on the vendor's
vehicle shall be roquired for dispensing shrimp, fish, shellfish, and other
crustae ea.
s. Cleaning of all vehicles shall bc acoomplished in a servicing
area at the commissary and the MVU shall bc cleaned as often as necessary
but not less than oncc 6'v'ef)' tV/enty four (21) hours; hO'.vever, "Vendors of
prepackaged nO'v'elty ice Ci"eam, fruit a:n.d vegetables, snov,' concs and
prepackaged nOIlflerishable food shall be exempt from this pro';ision.
1. Vendor v:astes of any kind shall not be deposited or pcrmitted
to be deposited upon the ground, sidev/alk, streets, city 'Nastc receptacles or
pri'v'ate dumpsters.
u. Solid 'Naste shall be stored in an easily cleanable, covered
container and disposed of during servicing operations at the commissary.
';. Liquid vv'aste resulting fr{)m any mobilc ';ending operation
shall be stored in permanently installed retention tanks of at least fifteen
(15) percent larger capacity than the water supply tank, but of no less than
thirty gallon (30) capacity, and shall be drained and thoroughly flushed
during servioing operations. /~ll liquid wastc shall be discharged to an
appro'/ed sanitary SS'Nage disposal system at the commissary.
'.Y. Ice shall be from an approved sourcc.
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65
SUPPLEMENT AL REGULATIONS
x. Stored ice intended for human oonsumptioR shall not be used
as a medium for eooling stored food or f-ood oontaiRers.
y. Food products shall not be submerged under water, or in a
water and ice mixture.
z. .:\11 f-ood that requires packaging or preparation by the vendor
shall be prooessed in the oommisslH)' that is required as a support facility f{)r
a mobile food vending URit; howcl"Ier, sno'.'.' Clones are exempt from this
requirement.
au. Mobile ,..ending units dispensing snoV'.' cones shall be
designed so as to enable the operator of the unit to protect the equipment,
S)TUP, ice and utensils used iR the operation of the unit from dust, iRsec{s
and rodents while the unit is in. transi! or overnight storage.
bb. Snoyv' eORe vendors shall have hand 'J/ashing facilities,
detergent, water and paper to';;els in or upon the mobile 'lending unit.
cc. Mobile vending units shall provide waste contaiRefS for
customers at such times \vhen the unit is parked.
dd. Deep fat, oil or grease ClOOking processes employing more
than one (1) quart of heated liquid shall be protected by an automatic fire
extinguishing system.
ee, Cooking prooesses invol'ling heated fat, oil, grease, or
liquids other than water shall be shielded from the public on tillee (3) sides
of the mobile 'lendiRg unit or cooking equipment to a height of eightecn
(18) inches above the oooking surface level and four (1) feet abo'v'0 the le,..el
upon '.vhich the cart assembly rests.
ff. '/ essels oontaining heated liquids or oils shiXll be
thermostatically controlled so heat sources will automatically shut ofl\vhen
liquid reaches a tempeFaturc of f-ou.r hundred se'lenty five (175) degrees
Fahrenheit.
gg. Storage of extra fuel is prohibited in the vendiRg area ~(0ept
as may permitted by the Fire Department.
hh. Prooesses requiring flammable gases, liquid, or solid fuels
shall not bc permitted, unless approved by the Fire Department. LPG
oontainers shall bc limited to no more than a five (5) gallon capacity and no
more than one (1) such oontainer per eart or ,..ending display.
May 21,2008
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SUPPLEMENT AL REGULATIONS
ii. Vendors using open flame cooking ':;here steaks, ribs,
hamburgers, sausages, hot dogs, or other products contaiRing fat or grease
are cooked, shall not be stationed beneath an a'Nning or canopy of a
building.
K. PERMIT REVOCf..TI01'1 OR DE1'1L^..L.
The Planning and Development Board and/or the Board of the
Commrmity Redeyelopment f..geney, respecti'.'ely shall have the power and
authority to revoke or deny eithef the issuance or renev;al of any pennit
applied for or issued under the provisions of this scotian. In such cases the
applicant Of permittee shall be notified in 'Nriting by certified mail of the
denial of a permit application, or the suspension or revocation of an existing
permit and the grounds thereof. 1'1onvithstanding the foregoing, any pennit
issued under this section may be suspended or revoked by city staff based
on one (1) or more of the follo'"ving grounds:
1. Canoellation of the vendor's perm.it issued by the Di';ision of
Hotels and Restaurants of the Florida Department of Business and
Professional Regulation.
2. Expiration, suspension, revocation or cancellation of any other
occupationallioense or permit required by the \'endor.
3. The permit ',';as proc'ltred by fraud or false representation offact.
1. The abutting property o'.'/ner or tenant ':;ithdra'.vs consent, in
'.vriting, for the mobilc vending unit.
5. Violations of this section or any other ordinance, the city's
municipal code, or '.vhen conditions exist that present a threat to the public
health, safety, or welfare.
f..pplieants '.vho have been denied a perm.it and vendors v;ho ha','e had
their permit revoked for any reason, may formally appeal, in ':.'riting, v,'ithin
ten (10) days of said denial or revocation, to the City Clerk for a hearing
before the City Commission. Consideration of any appeal is at the discretion
of the City Commission whose decision is final.
(Ord. No. 07 021, @ 2, 9 18 07)
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SUPPLEMENT AL REGULATIONS
Section 11. Nonconformin2" Re2"ulatitms.
A.
Lots and Parcels.
C. NONCONFORMING LOTS.
1. R-l district. R-IA district. R-2 district. and R-3
district. A detached single-family dwelling may be
constructed on any parcel located in an R-I, R-IA, R-2.....or
R-3 district, provided that it meets all of the following
requirements:
a. The parcel contains at least one (1) whole
platted lot, platted prior to August 7, 2001 te--the
effective date of the adoption or amendment of these
zoning regulations;
b. The parcel, or assemblage of platted parcels
which individually meet the requirements of
paragraph a. of this section, has a :frontage of not
less than ~50j feet, and a lot area of not less
than five thousand (5,000j square feet (irregular,
other than rectangle-shaped lots with less than fl.;te
thousand (5,000j square feet of area may be
developed if in conformance with all other lot
regulations) ;
c. All such parcels, when developed, shall
comply with all provisions of the Land Development
Regulations and applicable building code
regulations, including without limitation sections of
the building code regulations regarding the impact of
construction and drainage on or to adjacent
properties.
2. R-2 district. Within R-2 districts, in subdivisions
platted prior to the effective date of this ordinance, where
the platted lots have a frontage of at least forty (10j feet but
less than ~50j feet, the following rules shall apply:
a. A detached single-family dwelling may be
constructed on any such parcel, provided that the
parcel contains at least one (1 ) whole platted lot. #
meets all of the follov,'ing requirements:
(1) The parcel oontains at least one (1)
whole platted lot.
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SUPPLEMENTAL REGULATIONS
(2) Propcrty cannot bc acquired from
adjaoent parcels so as to makc the subjcct
parcel conforming, 'Nithout causing the
adjacent parccls or structurcs thereon to
becomc nonconforming or marc
nonconforming.
b. A duplex dwelling may be constructed on
any parcel, provided that it meets the following
requirements:
(1) The parcel contains at least two (2)
whole platted lots;
(2) Property cannot be acquired from
adjacent parcels so as to make the subject
parcel conforming, without causing the
adjacent parcels to become nonconforming
or more nonconforming.
c. For any parcel, lot, or combination of lots,
where the total frontage is equal or greater than eB:e
hundred twenty (1201 feet, and the total area is
greater than twelve thousand (12,0001 square feet,
said property shall not be developed except in
accordance with the minimum frontage and lot area
required in the R-2 zoning district.
d. Ownership of parcels shall be determined by
the property tax rolls on file in the Palm Beach
County Property Appraiser's Office as of the
effective date of this ordinance.
3. R-lAA district. A detached single-family
dwelling may be constructed on any parcel located in an R-
lAA district, without requiring a variance, provided that it
meets the following requirements:
a. The parcel contains at least one (1) whole
platted lot.
b. The parcel has a frontage of not less than
sixty (601 feet, and a lot area of not less than s*
thousand seyen hundrod fifty (6,7501 square feet in
area.
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SUPPLEMENTAL REGULATIONS
c. It would not be possible to acquire property
:from adjacent parcels so as to make the subject
parcel conforming, without causing the adjacent
parcels or structures thereon to become
nonconforming or more nonconforming.
For any parcel or lot, or combination of lots under
the same ownership, where the total frontage and the
total area is equal to or greater than that which is
required by the R-lAA district building and site
regulations, said property shall not be developed
except in accordance with the minimum :frontage
and lot area required in the particular zoning district.
Not more than one (1) parcel or lot, or combination
of lots under the same ownership, that is
nonconforming but which meets the requirements
under b. above may be developed for a single-family
house.
Ownership of parcels shall be determined by the
property tax rolls on file in the Palm Beach County
Property Appraiser's Office as of the effective date
of this ordinance.
4. R-lAAB district. In the R-lAAB district, any
parcel which includes, at a minimum, one (1) whole platted
lot may be developed without requiring a variance, if it
would not be possible to acquire property :from adjacent
parcels so as to make the subject parcel conforming, without
causing the adjacent parcels or structures thereon to become
nonconforming or more nonconforming.
Not more than one (1) lot parcel or lot, or combination of
lots under the same ownership, that is nonconforming but
which meets the requirements of this paragraph may be
developed for a single-family house.
5. In the R L^.I.f,,-,^.1. zoning district, all nonconforming
lots shall require ",arianoe in order to be deYv'eloped.
5. ~. Densities. The densities created by the
rules set forth above shall be construed to be in conformance
with the densities shown on the future land use map
contained in the city's comprehensive plan.
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SUPPLEMENT AL REGULATIONS
6. +. Minimum Development Re2"ulations.
Nonconforming lots which may be developed
without requiring a variance, and which lie in residential
districts, shall meet the minimum property development
regulations that are generally applicable in the district;
except, however, that the minimum setbacks shall be as
follows:
Minimum yard setback requirements:
Front yard
Side yard (corner)
Side yard (interior)
Rear yard
25% of depth
20% of depth
15% of width
25% of depth
provided, however, that the setbacks specified above shall,
in no instance, be construed to be greater than the setbacks
that are generally applicable in the district in which the lot is
located.
The minimum living area on such lots shall be permitted to
be reduced below the minimum living area required by the
district building and site regulations, to the extent that this
reduction is necessary in order to maintain the
abovementioned setbacks. Furthermore, the maximum lot
coverage on such lots shall be permitted to be increased
above the maximum lot area allowed by the district building
and site regulations, to the extent that this increase is
necessary to obtain the minimum living area required by the
district building and site regulations.
7.
&-0
Nonresidential Districts.
In nonresidential districts, additional floor area and / or
expansions to nonconforming buildinlls and structures are
allowed, provided that the development meets all district
setbacks. Nonconforming lots in nonresidential districts. G.
In nonresidential zoning districts, if the value ofbuilding3
on thc lot or parcel us shown on the latest Palm Beach
County tax rolls is not less than sixty thousand dollars
($60,000.00), and both the lot area and lot frontage are not
less than eighty fi'o'e (85%) percent of that required for the
particular district, then structures and floor area may be
added and the use may be changed from a residential to a
nonresidential use on a nonconforming lot, without
requiring a variance for the lot area or lot frontage. If..tfle
May 21.2008
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SUPPLEMENT AL REGULATIONS
value of impro'v'ements on the lot or parcel is less than siJety
thousand dollai's ($60,000.00), or ifIf either the lot area or
lot frontage is less than eighty five (85~ percent of that
required for the particular district, then a variance shall be
required in order to add structures or add floor area to
existing buildings or change the use :from a residential to a
nonresidential use. Improvements which do not add
structures or floor area or change the use of the property
shall be permitted, regardless of the value of structures on
the property, or the lot size or frontage. For nonconforming
lots which are vacant or are proposed to be cleared and
redeveloped, a variance shall be required prior to the
construction of any structures or establishment of any use on
the lot or parcel.
lr. The value of buildings shall be determined from the
latest tax rolls on file at the Palm Beach County Property
Appraiser's Office.
B. Buildin2s and Structures. A nonconforming building or
structure is a building or structure constructed according to the law
existing at the time of permit but which does not presently conform
to the property development regulations of this article for minimum
site area or dimensions, minimum setback requirements, maximum
building or structure height, maximum lot coverage, minimum floor
area, parking or loading, or for other characteristics of buildings or
structures regulated in this code, or for its location on the lot. A
nonconforminll building or structure may continue to exist in a
nonconforming state so lonll as it otherwise conforms to law,
subiect to the following provisions:
L Buildin2 or Structure Enlar2"ement. Expansion.
or Extension. Nonconforming buildin~s and structures may
be enlarged, expanded or extended subiect to all property
development regulations, includinll minimum site area and
dimensions of the district in which the buildin~ or structure
is located. No such building or structure, however, shall be
enlarged or altered in any way so as to increase its
nonconformity. Such buildinll or structure or portion
thereof, may be altered to decrease its nonconformity,
except as hereafter provided.
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SUPPLEMENTAL REGULATIONS
2. Buildin2" or Structure Deterioration or
Destruction.
~ Greater than 50%. Should the structure or
building be deteriorated or destroyed by any means
to an extent of more than 50% of the assessed value
of the structure or building as determined bv the
Building OfficiaL it shall not be reconstructed
except in conformity with the regulations and
standards of the Land Development Regulations.
.2. Less than 50%. Should the structure or
buildinll be deteriorated or destroved by any means
to an extent of less than 50% but more than 33%
percent of its assessed value as determined by the
building officiaL it may be restored onlv upon
issuance of a variance by the City Commission in
accordance with the provisions of Chapter 2, Article
II. Section 11 herein for the particular building or
structure nonconformity or nonconformities. A
variance by the City Commission shall not supersede
a condemnation order of the Building Official or of
the Building Board of Adiustments, and such
variance shall not obviate the necessity of obtaining
other needed waivers or variances from the city.
3. Buildin2" or Structure Relocation. Should such
buildinll or structure be moved to a new site or to a new
location on the same lot or site. it shall conform to the
current property development regulations relevant at the
time of the relocation.
E. NONCONFORMING STRUCTURES. Thc la'l"ful existence
of a structure or building at the effective date of the adoption or
amendment to these regulations, although such structure or building
does not conform to the building and site regulations of these
regulations for minimum lot area and dimensions, minimum yard
setback roquirements, maximum building height, total floor area
requirements, or other characteristics of the structure, or its looation
on the lot, may be continued so long as it r0rnains othef\visc la\vful.
A nonoonforming structure or building (as opposed to a structure or
building used for a nonconforming use) may be maintained and
repaired, but it shall not be added to or altered in a fashion so as to
increase the extent to 'vYhioh the structure or building is in violation
of applicable regulations. l~ nonconforming structure or building
May 21,2008
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SUPPLEMENT AL REGULATIONS
may be added or altered if such alteration or addition does Rot in
itself eonstitute a further '/iolation of elJdsting regulations.
F. RECONSTRUCTION OR REMOVAL. If any structure is
destroyed to such an extent that the cost of rebuilding, repair and
reconstruetion will e~(Ceed se'/enty (70) percent of its current
assessed valuation as determined by the Palm Beach County
Property.^..ppraiser, or f{}r any reason is moved any distance, it shall
not again be used or reoonstructed except in conformity '.vith the
pro'lisions of these Land De'v'elopment Regulations.
7. Nonconforming structures.
a. Purpose. It is the purpose and intent of this section to
allow the limited expansion of a nonconforming structure \\'hioh is
used for a eonforming use and which is looated 'l/ithin the central
business district (CBD).
b. Procedure. (1) No Ronconforming
structure loeated in the central business district may be changed,
enlarged, expanded, or restored 'l.ithout the property mvner first
submitting an applioation for approval of the proposed change to the
city and receiving approval as hereinafter pro'.ided.
(2) .^..pplications shall be submitted to thc plamling
and zORing department on forms prescribed by the planning and
zoning department.
(3) f\pplications shall be processed according to the
procedures for a site plan revie''\' in the central business district and
shall be revie\ved by the community redevelopment advisory board
and appro'/ed by the community redevelopment agency.
c. Re',ie\v criteria. Prior to granting an approval for the
expansion of a nonooRf{}rming structure, the following findings
shall be made:
(1) That granting the applieation 'l/ill not adversely
affeet the public interest.
(2) Expansion will not be detrimental to the health,
safety, and general welfare of persons working or residing within
the central business district.
(3) .^,pproyal '.vill to the maximum extent possible
briRg the building and the site upon 'Nhich it is looated into
May 21,2008
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SUPPLEMENTAL REGULATIONS
compliance with city regulations and T."ill impro'.'e the physical
appearance of thc structure.
( 1) That the m~pansion ,vill be in harmony Tl.'ith the
general intent nnd purpose of the central business district.
d. Conditions.
(1) The community redevelopment adT,'isory
boaro shall reooIDmeBd and the City Commission sitting as
the community redevelopment agsRey may prescribe
appropriate oonditions and safeguards nooessary and
reasonable to ensure that the expansion of a noncoRforming
structure will be in harmony with the general intent and
purpose of the central business district.
(2) In no event shall an application be
;;ranted 'v'/hich would permit the iRterior gross floor area of a
nonooRforming structure to be enlarged by more than
nventy fivc (25) peroent in size.
c. Development standards.
(1) In the event an application for expansion
of a nonconforming structure is granted, additional parking
spaces shall oRly bc required f-or the expanded area of the
nonoonforming structurc. Chapter 23, Parking Lots, shall
not apply to expansions of nonconforming structures
approved pursuant to this section.
(2) .^Jl sites v;ill be brought into compliance
'vvith the zoning and development regulations of the city to
the maximum eKtent possible. The community
redevelopment agency may grant relief from pro'.'isions of
requirements of the zoning and devolopment regulations of
the city provided that they make specific findings of fact that
the 'Nai..'er v,'ill not be detrimental to the health, safety, and
general '.velfare of persons T.vorking or residing \vithin the
central business district and that the T.vaiver will result in
additional business acti'.'ity that is harmonious v.'ith thc
general intent and purpose of the central business district.
f. Complianee with other codes. Nothing in this
section shall diminish the responsibility of an OTNner to
maintain his usc or structure in full compliance 'l.'ith all
other city, county, state, or federal regulations, or licensing
procedures.
May 21,2008
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I)
SUPPLEMENT AL REGULATIONS
C. Newsracks. See Part II Code of Ordinances, Article VI for
additional regulations rellarding nonconforming newsracks.
D. Si2"ns. See Chapter 4, Article IV, Section 6 for
additional regulations reQ:ardinll nonconforming sims.
E. Satellite Earth Stations and Antennas. See Section
12.E below for additional nonconforminll regulations regarding
satellite dishes and antennas.
F. Uses. See Chapter 3, Article IV, Section 7 for additional
regulations regarding nonconforming use regulations.
G. Certificate of Conformity.
1:. Applicabilitv. The provisions ofthis section shall
apply to any real property which has been or will be
rendered nonconforming because of the institution of
eminent domain proceedin!Zs by a governmental a€!ency.
Any nonconforming lot so created shall be deemed a
conforming lot upon the issuance of a certificate of
conformity as provided in this section.
2. Process. The process by which to obtain a
certificate of conformity shall be in accordance with Chapter
2, Article II. Section 16.
3. Re2"ulations. The Director ofPlanninll and Zoning
or desi!ffiee shall issue a certificate of conformity if the
following regulations are met:
!.: Severance or business damages relative to
the remainder lot would be reduced by the issuance
of the certificate of conformity.
b. A site plan for the remainder lot has been
prepared which minimizes the nonconformities
caused by the eminent domain proceedin!Zs, and is
otherwise consistent with all requirements of the
zoninll code.
.s The remainder lot can reasonably and safely
function if redeveloped in accordance with the site
plan described above.
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SUPPLEMENTAL REGULATIONS
4. Landscape. All lots subiect to eminent domain
proceedings must provide perimeter landscaping abutting
rillhts-of-way to screen off-street parking, vehicular use,
exterior service and storage areas to the extent phvsically
possible and deemed feasible bv staff. Landscapinll shall be
provided in areas of nonpedestrian or nonvehicular use.
5. Enforcement, Noncompliance with the
provisions set forth pursuant to the issuance of the
certificate of conformity shall constitute a violation and is
subiect to those procedures set forth in Part II. Chapter 2,
Article 5 of the City Code of Ordinances.
Section 12. Satellite Earth Stations and Antennas.
A. Tvpes. M. S}~TELLITE DISH ANTEl'JNAE. For the
purpose of clarifying regulations, satellite dish antennae are hereby
classified into two groups. Group A antennae are those that will fit
within a one ill meter cube. Group B antennae are those that will
not fit within a one ill meter cube. All antennae in both groups arc
allo\ved in all zoning distriets, subject to the following oriteria:
B. Permits Required. tB No satellite dish antenna shall
be installed or modified without first obtaining a permit from the
City development department.
f8j Satellite dish antennae shall conform with provisions of
Chapter 4, Article IX Chapter 20, BuildiRgs, Housing and
Construction Regulations, of the Bo)nton Beach Land Development
Regulations, the Standard of the Florida Building Code and the
amendments thereto as adopted by the city provided such provisions
do not conflict with any standards set forth in this section, in which
case this section shall control.
~ All applications for the installation of Group B satellite dish
antennae shall be accompanied by proper certification that the
installation will meet windload requirements ofthe Florida Buildinll
Code '.vithstand a Category 2 hurricane and is adequately grounded
for protection from a direct lightning strike.
C. Fees. 6-:- An application fee shall be payable to
the city as adopted by resolution of the City Commission.
D. Prohibitions.
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SUPPLEMENT AL REGULATIONS
1. t7t No exterior satellite dish antenna may be
used for display or advertising purposes; and none shall have
writing thereon which is visible from a public right-of-way
or residential district.
2. t61 Portable Group B satellite dish antennae are
not allowed.
E. Nonconformin2". ~ Satellite dish antennae
properly permitted prior to April 4, 1995 may remain in place
notwithstanding provisions stipulated herein but they may not be
replaced, reconstructed~ or modified without bringing the entire
installation into full compliance with this section.
F. Citizens' Band (CB) and Television (TV) Antennae.
4:- In residential zones, freestanding television and
citizens' band broadcasting antennae may not exceed twenty five
f25t feet in height, and no freestanding antenna may be constructed
within the building setback lines. Roof-mounted or wall-supported
antennae may exceed the maximum district height regulation by teH
flOt feet; but in no instance, may an antennae exceed the roofline
height by more than fifteen ( 15t feet.
a. \Vith respect to pri'/ate oommunity antenna. systems as
defined in this oode, the aforesaid tWeiTty five (25) feet height
regulation shall not apply. In the instanoe of private oommunity
antenna systems, the receiving anteBIla may not exoeed forty five
(15) feet in height unless an exoeption is granted by the City
Commission, and no part of any receiyiRg antenna may encroach in
any setba.ck.
5. In residential zones, freestanding transmitting antennae are
subject to the follo';/ing limitations:
a. No freestanding base tower and antenna shall exceed forty
five (15) feet in height.
b. No freestanding base to\Vef with or without an antenna shall
be constructed 'llithin the building setbaok lines.
c. No freestanding base to\ver shall be constructed without
hay/in,; first secured a permit from the city d6\'elopment director.
d. Roof mounted transmitting antennae shall not exceed the
roof line height by more than h'/enty (20) feet.
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SUPPLEMENTAL REGULATIONS
G. Satellite Earth Stations. fB Satellite dish antennae
installed to serve single-family or duplex homes must also comply
with the following requirements:
L Hei2"ht. (a) Only one (1) non commercial
satellitc dish antenna '."ill be permitted for each residential
dwelling unit.
tef No part of any satellite dish antenna installation may
extend beyond the peak of the roof of height of the
horizontal eave line of the uppermost floor of any single-
family or duplex home.
2. Group B. f8j Group B satellite dish
antennae shall be freestanding, ground mounted, and self
supporting without structural connections to any other
structure or building.
a. Screenin2. t4t All Group B satellite
dish antennae shall be screened on three (3) sides
with landscape materials or walls with landscaping
which are of a height equivalent to the total height of
the mounted satellite dish.
b. Lot Size.
antennas lot SIze
regulations.
~ F or all Group B
must comply with zonmg
.s Multi-familv Dwellin2 Units and
Nonresidential Districts. Satellite dish antennae
located within multi-family and nonresidential
districts shall comply with the followin2: regulations:
(2) Satellite dish antennae installed to
servc any usc other than single family or duplex
homes must also comply Veith the following
requirements:
ill Shall require site plan review In
accordance with Chapter 2. Article II.
Section 5; (a) Chapter 1 of the Land
De':elopment Regulations.
ill In multi-family districts, only one (1)
Group B satellite dish antenna is allowed.
The antenna must be screened and shall not
be located on the roof. Its hei2:ht shall not
May 2 L 2008
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SUPPLEMENTAL REGULATIONS
exceed the maximum allowable heillht of the
district in which it is located. . (b) Only
one (1) Group B satellite dish antenna may
be located in a multifamily oompl~( and it
~ may not be located on a roof. Nothing
in this pro'Rsion shaJl be oonstrued to alter
or impair any rights, authority, or restrictions
imposed by deed or under the rightful
authority of any homeo'll'J:lefs' association.
ill fe1 A Group B satellite dish
antenna installed in commercial and
industrial zoning districts may not be located
on a roof so that the dish is visible from a
public right-of-way or residential district,
except as stipulated in l.a.( 1) herein-before.
ill W Group B Satellite dish
antennae which are mounted on a tower and
used for communication in connection with
the operation of a business shall provide
reasonable screening and shall be subj ect to
conditioRal use approval.
7. Nonvithstanding any other pro'v'ision of the Land
De-velopment Regulations, including the provisions of this
section, teleoommllllicatioR towers shall only be permitted
as a conditional use in the PU Public Usage District and
REC ReereatioB District.
Section 13. Reserved.
Section 14. Miscellaneous.
A. Amusement Rides. Miscellaneous structures, such as
coin-operated rides and other amusement devices, shall only be
allowed within the principal structure, excluding those used in
con;llllction with an Arts. Entertainment. & Recreational
establishment.
B. Donation Bins. See Chapter 4, Article ill, Section
3.F.3 for additional standards rellarding donation bins.
C. Helicopter Pads (aka Helistops). See Part II Code of
Ordinances, Section 15-65, Article V for regulations rellarding
aircraft landing facilities.
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SUPPLEMENTAL REGULATIONS
D. Newsracks. See Part II Code of Ordinances, Article VI for
regulations rellardinll newsracks. A. NE\VSR.\CK
REGUL^~TION ',VITHI1'1 THE CENTRi\L BUSINESS DISTRICT
AND THE CO:MMUNITY REDEVELOPMENT .\REf~ .
1. Definitions. For the purpose of this subsection, the follo'Ning
definitions shall apply:
a. Ncwsraoks. Any type of unmanned device located on public
property utilized for the ','ending of free distribution of newspapers
or ne\vs periodicals.
b. Public right of \vay. .^illY public street, high'.'lay, sidewalk,
parhvay or alley.
c. Distributor. ;\ny individual or business entity engaged in the
dissemination of any publioation utilizing a ne'Nsraok located in the
City of Boynton Beaoh.
d. Palm Beuch County Traffic Engineering Standards. Those
specific standards dsy,'eloped by Palm Beach County, and as
amended from time to time.
A. Purpose. 2. Purpose and criteria. The purpose of
this chapter is to promote the public health, safety and '.velfare
through the regulation of plaoement, type, appearance, servicing and
insuflRg of newsraoks on public rights of '.vay located v/ithin the
Central Business District and Community Redevelopment ;\rea of
the city so as to:
1. Safety. a.
safety and convenienee;
Provide for pedestrian and driving
2. Traffic Flov;. b. Restrict unreasonable interference
with the flov/ of pedestrian or vehicular traffic including ingress into
or egress :from any residenoe or place of business, or :from the street
to the sidewalk by persons eKiting or entering parked or standing
vehicles;
3. Severe v"r eather. c. Provide for public and property
safe..~' during severe '.vea-ther oonditions;
1. f~coess. d. Provide reasonable access for the use
and maintenanoe of poles, posts, traffic signals, hydrants, mailboxes
and aooess to looations used for public transportation purposes;
May 21.2008
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SUPPLEMENT AL REGULATIONS
5. .^~esth6tics. e. Relocate CI:Ild/or replaoc ne'.vsracks
'.'"hich result in a visual blight CI:Ild/or excessive space allocation on
the p:ablie rights of way, or ';"hich unreasonably detract from the
aesthetics of store window displays, adjaceBt landscaping and other
impro~/ements, as \vell as to have abandoned newsraoks removed;
6. Property Values. f. MaintaiR and proteot the
values of surrounding properties and prevent damage to grass right
of way areas;
7. Injury or Da:mage. g. Reduce l:l:IllleOessaFY mtpOSUi"e of
the public to peFsof.lal injury or property damage.
8 Equal ProteotioR. h . Treat all newspapers equally,
rcgaTdless of their SIze, caRtent, circulation or :frequenoy of
publioation;
9. freedom of Press.
of the press;
1. Maintain and preserve freedom
10. Cooperation. J. Cooperate ';lith ne\vspaper distributors.
B. PenRits Required. 3. Newsraok permit. No person
shall place, affix, erect, oonstruct or maintain a nev/sraok on or
v/ithin the public right of way \vithaut first obtaining a one time
only certifioate of complianoe for each nev/srack in accordanee v.'ith
Chapter 2, .^.rtiole IV, Seotion 5 the pro'.'isions of this subseetion.
1. Insuranoe. 5. InsUf'afl:ce. a. Prior t-o the issuance
of a oertifioate of complianoe by the City Manager or his/her
designee, the applioant shall furnish to the city a oertificate of
insurance. The certificate of insurance shall state that the City of
Boynton Beach is an additional insured.
b. Reasonable e'v'idenee of equi'/alent self insurance ooverage
may be substituted by the applicant [-or the above eertifioate of
insuranoe, subject to the appro'v'al of the Risk: Management Dh1.sion
of the City of Boynton Beach. Insurance under this section shall run
oontinuously with the presenoe of the applieant' s ne\':sraok( s) in city
rights of way, and any terminatioR or lapse of such insurance shall
be 'v'iolation of this chapter, subjeet to appropriate remedy by the
Code Enforoemont Di'/ision under the applioable sections of the
Code of the City of Bo)nton Beach.
2. :\ppeals. 7. .\ppeals. l\n applioant who is denied
issuance, re issuanoe or transfer or a certificate of compliance or
Y/hose oertificate has been revoked may, ',yithin five (5) business
May 21,2008
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SUPPLEMENTAL REGULATIONS
days of the dooial or re''!ocation, appeal the denial or re','ocation to
the City Manager in v:riting. \Vithin se'v'en (7) business days of
reoeipt of the appeal, the City Manager or his / her designee shall
re'/ie'N the application, the denial or rcvocation, and any information
the applioant discloses in its "vvrittoo appeal and eithoc sustain or
reverse the city's dooial or revocation. The decision of the City
Managoc or his / her designee on appeal is subject to judicial re';iew
as pro'v'ided by the Florida Statutes. ..\.0 applicant may formally
request to appeal the determil'l:ation made by the City Manager in
aocordance 'vVith Chapter 1, ..^..rticle VII, Section 3.
C. Regulations.
1. Insta:llation / Maintenance. 8. Installation and
maintenanoe. The follov:ing standards shall be applicable to the
installation and maintenance of newsracks in the City of Boynton
Beach:
a. The exterior dimensions are for ne'::spaper racks up to six
(6) publications as follo'.vs: each raok shall utilize a 19" reotungular
pedestal ','lith dimensioRs of 8" x 6 ~0." ':lith a hcight of 19". The
ne'vVsrack( s) shall ha'v'e dimensions v:hich shall have a height of 5 5"
\':ith a depth (measured from :front to back) of 16" and a '.vidth
aocoss the front of the newsraek of21 1/8". Thc ne'Nsrack shall be
of a "K" style, "TK" style, or free style.
b. Ne\vsracks shall have gloss pedestals, gloss sides and door
and gloss coin box coated per standard specifications. The height of
the cabinet top of all nev;sracks shall not exoeed thirty nine (39)
inches abo'v'e the finished grade le'v'el. The color of all newsracks
being installed pursuant to this chapter shall be teal.
e. Ne',vsracks shall carry no advertising except the name of the
publication being distributed and cardholders kept in neat and
untorn condition describing the publication being distributed.
d. Nev:sracks for free ne':/spapers may omit the coin box and
may have the pull bar v:elded to the door to produce an "Honor
Rack. "
e. N 6':/sracfcS shall be maintained in good working order at all
times, freshly painted with unbroken hoods.
f. The name, address and telephone number of a responsible
person ',....no may be cORtactcd at any time concerning the ne'.vsrack
May 21,2008
8'"
.1
SUPPLEMENTAL REGULATIONS
shan be displayed on the hood of the nev/srack in suoh a manner as
to be readily visible and readable to a prospecti'/e customer thereof.
g. Ne'Nsraoks may have a oolor band to be appro'led by the
City Manager or his/her designee, \vRieh shall ha'.'e a '.vidth of2 ~I:".
Distributors may plaoe lettering within the oolor band not to exceed
2 ~~" in height on the front, side and baok of each n6'Nsraek
provided sueh lettering is either in black or 'l/hite.
2. Mounting. 9. N ewsrack mounting standards. The
follo':ling standards shall be applioable to the mounting of
n6'.vsraeks in the City of Boynton BeaOO:
a. N ewsracks may be mounted to an ~cisting concrete sidewalk
subject to requirements of Section 11 A.IO.
b. The newsraok foundation(s) manufactured as a prefabrieated
remf-oreed ooncrete slab shwl have a minimum three and one hwf (3
~~) inch thickness, a minimum twenty eight (28) day compressive
strength of2500 pounds per square iROO (p.s.i.) and meet the wind
load req-uirements of the Palm BeaOO County Edition of the South
Florida Bl:1,ildiRg Code.
c. The flC':lsraolc foundation(s) cast in place ooncrcte slab shall
have a minimum four (1) inch thickness, a minimum tYlen'.:)' eight
(28) day oompressi'le strength of 3000 pounds per square inch
(p.s.i.) and meet the wind load requirements of the Palm BeaOO
County Edition of the South Florida Building Code.
d. Minimum three eighths (3/8) inOO diameter bolts through the
four (1) oorners of the nevlsraek pedestal base with a minimum
embedment into the eORCi"etC foundation of three (3) inches.
e. T'::o (2) inch minimum oonCi"ete edge distance for bolts.
f. One half (1/2) inch chnmfer on all ooncrete edges.
3. Safety. 10. Criteria and safety standard. All
mounting and plaoement of nevlsracks shall comply '.vith the
adopted Palm Beach County Traffic EngiReoring Standards.
a. Plaoement in public rights of way looated within the CBD
and C~^... No ne':lsraok shall be placed, installed or maintained:
a. (1) 'Hi thin the thirty (30) foot site 'lisibility triangle of a
public or private roadway as measured :from the intersection from a
public or private roadway.
May 21,2008
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SUPPLEMENTAL REGULATIONS
b. (2) '.Vithin thirty (30) fcat from the intersection of public
or private streets.
e. (3) Vlithin tv/anty (20) feet from any mMked eross\valk
not in an intersection.
d. ( 1) VlithiR the t'l.'enty (20) feat site '.'isibility triangle of a
pri',:ate drivevv'ay, as measured :from the interseotion of a public
road'Nay and the edge afthe private driveway.
e. (5) \Vithin fifteen (15) feet of any fire hydrant or other
emergency facility.
f. (6) On or within two (2) feet of traffic related signs,
street lights or utility poles.
g. (7) 'Nithin a median, whioh is defined as a landsoaped or
pa':ed island in the 0enter of the public right of ':;ay.
h. (8) \VithiR five (5) feat aheaD of and fifteen (15) feet to
the rear of any sign marking a designated bus stop, measured along
the edge of the pavement.
1. (9) \Vithin two (2) feet of any bus bench or shelter.
j. (10) At any location 'Nhereby thc clear space for the
pussage'Nay of pedestrians is reduced to no less than thirt:,' six (36")
inohes.
k. (11) Facing another ne\vsrack, divided by the width of a
pedestrian ':;alk (side'Nalk or bikepath).
1. (12) \Vith three (3) feet of any display windmv of any
building abutting the sidewalk or in such a manner as it impedes or
interferes ':;ith reasonable use of such 'l!indm,y display or uccess to
and from a building entrance.
D. Prohibitions. B. General. The general
prohibitions Gammon ta all business as specified in the Code of
OFdiRanoes shall be applicable.
E. Non conf{)rming. 11. Enforecment procedures non
conforming ne'l;sracks. a. In the e'v'ent any ne'l:sraok installed
pursuant to this artiole chapter is not maintained in conformity v:ith
this seotion, it shall be subject to appropriatc action under the
applioable chapters of the Code of Ordinances and referred to the
May 21,2008
85
SUPPLEMENTAL REGULATIONS
Code Complinnee Boa:rd f{)r enforcement purposes. The Codc
Complianee Board is hereby em:pov/ercd to levy a fine if it is not
properly maintained as required by this sec{ion.
b. In the c>vcnt n distributor desires to ','oluntarily ahandon a
ne'.vsraek location, said distributor shall notify the City Manager or
his designee, oompletely remo','e the ne'.\'srack and mount, and
restore the public right of ':/ay to a safe condition as determined by
the city, leaving no holes or projections on the mouRting surface.
c. N eV/sracks not in oomplianoe v/ith this subsection shall be
subjee{ to removal as ordered by the Code Compliance Board.
S:\Planning\Zoning Code Update\lDR Rewrite\Part illlChaprerslChapter 3 Zoning\FinallArticle V Supplemental Regulations.doc
May 21,2008
86
May 21,2008
EXTERIOR BUILDING AND SITE DESIGN STANDARDS
principal buildinll( s) oflar!Ze non-residential
(bill box) developments (see Section 3.G.3)
or consistent with an overall redevelopment
plan that provides aesthetic and uniform
design guidelines for shelter design.
2. ShoDDin2" Cart Corrals. Shoppin!Z cart corrals
shall be compatible with the architectural design, colors,
materials. and finishes of the principal structure.
3. Donation Bins. Unmanned donation bins are
allowed within commercial and industrial zoninll districts
but subiect to the following regulations:
a. Number of Bins. One (1) donation bin
may be allowed per lot for commercial or industrial
developments consistin!Z of at least 100,000 square
feet of gross building area. An additional bin may
be allowed for each 100,000 square feet of gross
buildin!Z area.
b. Location. Donation bins shall not be
located in within rights-of-way. required parking
spaces, access aisles, walkways, landscape strips. or
perimeter landscape buffers. They shall comply
with all visibility and safe-sight standards and not
post a safety threat to pedestrian or vehicular traffic.
In addition. they shall be located behind the front
and side comer buildinll lines.
c. Maintenance. The owner of the
property shall be responsible for the maintenance of
the bins. such that the area is kept neat and orderly
and in compliance with the approved site plan for
the subiect property. This means that all items are
located within the bins: no trash is left on the site
and there is no graffiti or other visible damage to the
bins.
d. Appearance. Donation bins shall be painted
with natural. earth-tone colors or with those that are
intended to match the principal building( s).
~ Advertisin2". Donation bins shall not be
used for off-site advertising of commercial activities
and be limited to a maximum of four (4) square feet
30
May 21,2008
EXTERIOR BUILDING AND SITE DESIGN STANDARDS
of si~ area advertisinll the sponsoring charitable
tax-exempt orllanization.
f. Sponsorin2 A2"encies. Sponsorinll
agencies shall register with and be evaluated
annually by the Department of Development for
compliance with the regulations contained in this
section. Sponsoring agencies shall provide proof of
authorization by the property owner( s), the size, and
overall dimensions of each bin, and a site plan
detailing the proposed location(s). Sponsoring
agencies must provide proof of being a tax-exempt,
charitable organization registered as a 501(c)3 of the
Internal Revenue Code. in order to place donation
bins in the City. Donation bins to an existing site
shall require a modification to the approved site plan
in accordance with Chapter 2, Article II, Section 5.1.
~ Miscellaneous. The foregoing
restrictions shall not apply to recycling bins or other
similar public collection bins located on City
property or otherwise sponsored by the City.
G. Standards for Specific Uses
h Use Matrix Notes and Restrictions. The
following uses, which correspond with the Notes and
Restrictions of Chapter 3, Article IV, Section 4, contain
special standards related to exterior building and site design:
.!h Group Home Tvpe 1 (Note #21). For
new construction, the facility shall have building
elevations that are residential in character and
similar in appearance to the surrounding
neighborhood. Thev shall not be institutional in
appearance.
b. Auto Dealer. New (Note #23). Wi1hin
the MU-L3 and MU-H districts, the followinll shall
apply: Overhead doors shall not be visible from any
major roadway frontage.
.s Auto Dealer. Used (Note #24). Wi1hin
the MU-L3 and MU-H districts, the following shall
apply: Overhead doors shall not be visible from any
major roadway frontage.
31
May 21,2008
EXTERIOR BUILDING AND SITE DESIGN STANDARDS
B. Crime Prevention Throu2"h Environmental Desi2"n
(CPTED),
1. General.
.!: Purpose & Intent. The proper desiw and
effective use of the built environment can lead to a
reduction in the incidence and fear of crime and
improvement in the quality of life by incorporating
access control, natural surveillance, and territorial
defensive tactics into buildinll and site desiw
components.
b. Applicability. The following guidelines
have been developed for incorporation into the
desiw of all new residential and non-residential
developments and major modifications to approved
developments.
2. Guidelines. The following guidelines have been
developed to further the purpose and intent of this
subsection through compliance with the followinll design
elements:
.!: Li2"htim!.
ill Exterior lightinll should be placed
above or near entryways and Ilarages.
ill Landscaping should be desiwed and
maintained to reduce conflicts with exterior
lighting, taking into account long-term tree
canopy Q:rowth.
ill Landscapinll should be desiwed and
maintained to minimize obstruction of view
of windows, address. numbers, and
walkwavs.
ill Pedestrian-scale lighting (maximum
12-foot tall, metal halide light poles) should
be used for all street and pedestrian
walkwavs.
ill On non-residential proiects, non-
Illare li!!htinll should be located around the
perimeter or placed on building walls.
50
May 21,2008
EXTERIOR BUILDING AND SITE DESIGN STANDARDS
@ In parking Ilarages, all lillhting
should be vandal resistant. Enhanced
lighting should be used at entrance/exits to
reduce transition (from daylight) when
entering structure, while not drawing
additional attention at night.
b. Numerical Address.
ill For all multi-family residential and
non-residential developments, illumination
of the building numbers is recommended.
ill For all multi-family residential and
non-residential developments, buildinll
numbers should be 12 inches in height and
placed away :from landscaping. Building
numbers should be placed on facades that
are adiacent to accesswavs and off-street
parking areas.
~ Buildin2" Desi2"n.
ill Buildinll architecture should allow
for enhanced natural surveillance of all off-
street parking areas, providing a sense of
security to patrons and visitors.
ill Security vision doors shall be utilized
at all entrances to stairwells on each floor.
ill Convex mirrors shall be installed in
stairwell and elevator areas.
ill Elevators shall be located close to the
main entrance, constructed to avoid hidden
spaces and utilize Closed Circuit Television
(CCTV) surveillance.
d. Understory Parkin2" and Parkin2" Gara2"es
(Freestandin2" and Inte2"rated).
ill The first level of a parking Ilaralle
should have restricted access from exterior
common ground area, in an effort to reduce
unauthorized/unsupervised entry. Wrapping
the parking garage with residential or non-
51
May 21,2008
EXTERIOR BUILDING AND SITE DESIGN STANDARDS
residential uses is the preferred methodology
in the desillll of a parkinll garaarre to restrict
unwanted access and meet other desil!Il
guideline objectives.
ill In the limited areas of the garalle not
wrapped bv other uses, exterior walls
surrounding the first floor (!!found level)
parkinll should be a minimum three (3) to
four (4) feet high. Additionallv, decorative
!:!rill work should be installed between the
top of this wall and the floorinll of the
second parkinll level.
ill Pedestrian entrances should be
adiacent to vehicle entrances, open and :free
of hidden spaces and wired for CCTV
surveillance.
ill Each level of the parkinll Ilarage
should be equipped with well-marked,
direct-rinll emerllency telephones which
shall terminate at a central monitoring office.
station, or booth.
ill Ceilinlls and solid walls inside
parkinll garalleS should be painted white to
increase the brightness within the structure.
e. Miscellaneous.
ill Central mailbox stations should be
placed in hillh-activity and conspicuous
locations for enhanced safety and natural
surveillance of users.
ill Pedestrian crosswalks should be
delineated by using contrasting paver blocks
as opposed to surface stripinll. When
crosswalks are located away from stop sil!Ils
within off-street parking areas, they should
also be raised. Paver bricks should be
compatible ill style throughout a
development.
52
EXTERIOR BUILDING AND SITE DESIGN STANDARDS
ill Bicycle racks should be placed in
close proximity to building entrances and not
located within off-street parking areas.
ill Automated Teller Machines (ATM)
should not be obscured by any landscaping
in excess of two (2) feet in height or other
fixed obiects that would prevent clear
visibility and should have a convex mirror
strategically placed to allow the A TM
operator to identify any approaching persons.
ill ATM's should have illumination of
the walkway leading to and :from it,
positioned so as not to cause glare on the
video recording equipment.
{Q} Benches should have adequate
lighting if they are intended for nighttime
use and be located in open view to eliminate
concealment areas.
s:\Planning\Zoning Code Update\lDR Rewrite\Part Ill\Chapters\Chapter4 Site Development Standards\Final\Article ill Exterior Builidng and Site
Design Standards.doc
May 21,2008
53
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 27, 2008
and if a system was in need of rehabilitation, the cost would be considered. This coincided
with the County Health Department policies having to do with hookups to municipal
systems, and also having to do with distance and proximity.
C. Land Development Regulation - Rewrite
Group 5
Code Review
1.
PROJECT:
Land Development Regulation - Rewrite
Group 5 (CDRV 07-004)
City-initiated
A portion of Group 5 deliverable, pursuant to the
LDR Rewrite Work Schedule, which includes
Chapter 3, Article 5. Supplemental Regulations,
Chapter 4, Article III, Section 3.F.3 Donation
Bins, and Chapter 4, Article III, Section 5.8.
Crime Prevention Through Environmental
Design (CPTED).
AGENT:
DESCRIPTION:
This proposed section will ultimately replace and
enhance portions of the current LOR Part Ill,
Chapter 2 (Zoning), Sections 4,6, 11 J 13, 14, 17,
and 19; and Chapter 6, Article IV, Section 8
(Seawalls, Bulkheads, Piers, and Docks).
Eric Johnson, Planner II, explained this was an eight part process. There were two
changes made to a previously reviewed item. He clarified they were adding new text to the
Supplemental Regulations and the Exterior Building and Site Design section would be
placed in Chapter 4, Article III as opposed to the Supplemental Regulations.
The Supplemental Regulations would be in new Chapter 3, Article V and the entire Land
Development Regulations would be in four chapters. Article V, Zoning would be in the
Supplemental Regulations.
Chapters 2, 6 and 10 of the Land Development Regulations would have certain sections
relocated to the Supplemental Regulations, which would now have 14 different sections.
He explained they did not have the Wireless Communication Facilities language as they
were waiting for feedback from the industry.
Article V. Section 2. Walls and Fences. Mr. Johnson explained the City would now permit
an eight-foot tall fence along the rear property line, the side interior property line. Along the
side corner, or front yard lines, the fence height allowed for a four foot maximum. If a
hedge would be installed, an eight-foot fence could be installed along the side corner
property line if the fence was set back two feet from the property line. The hedge however,
could not be taller than half the height of the fence. Graphics were incorporated into the
8
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 27, 2008
Code for ease of use. This change was predicated on a number of homeowners
expressing a desire to have an eight-foot tall fence on the side corner yard and the City
wanted to accommodate them on a case-by-case basis. The side corner allowance with
the hedges was only allowed on certain yards when oriented in the same manner as other
homes on the street. More exact language and graphics were included in the Code. The
cross visibility and safe site language, as well as the design of fences and walls, and fence
materials are included in the Code. Attachments to fences and walls were included in the
Code as was language for easements and buffer walls. Inquiries were made by
homeowners wanting a gate within their driveway that would extend beyond the six foot
height limitation. The Code would allow them to extend up to 10 feet as long as no more
than 80% of the gate would extend beyond six feet.
Article V. Section 3. Accessory Structures. Screen-roof enclosures were allowed in the
rear and side yards, and their setback requirements were reduced from eight feet to six
feet. A further setback reduction could be used if certain criteria were met. Other
amenities were allowed such as rock gardens and fish ponds. These were permitted in
any yard provided they were no deeper than 18 inches. Private pump housing was allowed
in certain areas of the yard if they did not exceed three feet in height. Graphics for trellises
and arbors were included. Fountains were regulated to prohibit them encompassing more
than 100 square feet in area, no more than nine feet in height and no more than 10 feet
from the front property line. Trellises would be permitted along the property line provided it
connected with a pedestrian path. Other provisos regarding the trellis overhang not
extending beyond the property line and the width and the height of them were being
clarified and enhanced.
Swimming pools and spas were addressed as were flags and flagpoles. Flagpoles were
required to have a 10-foot setback and be installed in a certain manner. There was brief
discussion of the text and the assumption with flagpoles and flags were to define "flag" as
meaning the American Flag. No commercial flags would be allowed, however the type of
flag could not be regulated due to free speech. Mr. Johnson explained the Federal Code
has requirements regarding American Flags. Further discussion ensued about adding a
requirement that an American Flag must fly above any other flag. It was thought perhaps
that should be added. Mr. Johnson noted the members comments in this regard.
Sheds and storage were clarified not to exceed 100 square feet in area or extend higher
than nine feet. The structures must meet the same setbacks as the principal structure.
Sheds were also defined as non-habitable space.
The height, width and depth of mobile and temporary storage container units, otherwise
known as PODs, were regulated as was the time they were allowed to remain on the
property. Staff determined a time period of 45 days was suitable for the unit to remain on
the property; however, the board members thought it was quite liberal. Sheds and storage
structures must be placed behind the rear property line and behind the side corner building
setback line.
9
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 27, 2008
Building appurtenances and architectural features were addressed and graphics were
included. Storage under certain types of building structures, such as stairwells was
allowed. If the stairwell was unenclosed, it could not encroach more than four feet into the
setback.
Site improvements such as seawalls, bulkheads and docks were reviewed. Docks cannot
extend more than a quarter width of the canal right-of-way. There were no changes to
unenclosed decks, terraces or slabs. Unenclosed stoops and steps could not exceed three
feet in height. If greater than three feet, it must meet the required five-foot setback. Power
outages were addressed, and language requiring permanent generators and fuel tanks in
rear and side interior yards were included. In addition to setback requirements, language
was included regarding screening these items from rights-of-way and the testing and noise
from the tanks and generators.
It was suggested the location of dolphin poles in canals be addressed. If a dolphin pole
was located inappropriately, it would impede the rights of other boaters and the waterways
could not be navigated properly. While the dolphin poles were used for mooring, they
could be restrictive to other boaters. It was suggested this be reviewed as to proximity.
Mr. Johnson noted the concerns.
Article V. Section 4. Sale of Used Merchandise. Business cannot dedicate more than 25%
of their gross floor area for used merchandise.
Article V. Section 5. Exterior Displav of Merchandise. This provision regulated the types of
merchandise to be displayed in the Commercial and Mixed-Use Districts. On-site location
information pertaining to easements, parking spaces and off-street parking spaces, hours
of operation and other miscellaneous regulations were also provided.
Article V, Section 6. Special Temporary Sales Event. This language formalized an informal
process. The events would be permitted in the Mixed-Use Districts provided a permit was
obtained. The types of merchandise that could be sold were addressed, and language for
on-site locations was added as was the length of the event, which was 14 days. Under
certain criteria, the event could continue for up to sixty days.
Article V. Section 7. Seasonal Sales Event. These events were limited to the sale of
Christmas trees, pumpkins and fireworks and were allowed in all zoning districts. Schools,
churches and other organizations could hold sales events for no longer than 45 days.
Article V. Section 8. Permanent Exterior Storace. This would be allowed in the C-3, C-4,
PID and M-1 zoning districts. The storage would have to be behind the front or side corner
building line, and if located within parking areas, only in the parking spaces that were in
excess of the Code. In the C-3 District, outside storage was restricted to 1 % of the gross
floor area, and 15% of the gross floor area would be permitted in the PID districts.
10
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 27, 2008
Article V. Section 9. Sidewalk Cafes. This section included language that would only allow
cafes in the right-of-way within the CRA area. It was clarified there may be cafes outside
the CRA district, but generally cafes would be located on private property. This provision
was intended for the cafes located within the City right-of-way.
Article V. Section 10. Mobile Vendor Reaulations. This section had language removed in
reference to the handling of food. Previously it contained duplicate language from the
State Code. Mobile Vendor Units, (MVU) would be permitted in the C-2, C-3, C-4, CBD
and all Mixed-Use zoning districts. The definitions were retained and a permit was
required. The use must be compatible with the surrounding property, and the location
criterion was enhanced. If on public property or rights-of-way, the mobile vendor unit could
be no larger than 72 square feet, no more than 4.5' by 8'in dimension and no more than
seven feet in height. They also would be restricted to sidewalks. The Code was liberal in
allowing a mobile vending unit on private property. The text classified the units into Class
"An, which was seven feet in height or less and 72 square feet in area or less. The units
could be located on paved surfaces, including parking spaces in excess of the Code.
Class "Bn units are those units greater than seven feet in height or 72 square feet and they
must meet the principal setbacks of the zoning district. There was no change in text
regarding the removal of the MVU, the maintenance and separation between the units and
the selected land use. There was also no change to the language regarding the display of
MVUs, emergencies, prohibitions and fees.
Section V. Section 11. Non-conformina Reaulations. There were minor changes to the
Code. A Certificate of Conformity would be created and the section contained language
that addressed properties which were made non-conforming due to eminent domain. If
that situation occurred, the City would review the criteria and issue the certificate.
Section V. Section 12. Satellite Earth Stations. Language for this section was forthcoming.
Section V. Section 13. Wireless Communication Facilities. Language for this section was
forthcoming pending industry review.
Section V. Section 14. Miscellaneous. This section would regulate amusement rides,
donation bins, helicopter pads and newsracks. It was noted many hospitals had helipads.
There was a question about sidewalk cafes, the recovery of unpaid fines and whether the
provision expanded the responsibilities of the Code Compliance Board. Mr. Johnson
explained the language was included in the current Code which addressed existing
violations as a whole.
ChaDter 4. Article III. Section 3.F.3. This article was previously reviewed and pertained to
donation bins. Language regarding the number of bins, their location, maintenance,
appearance, what advertising may occur on them and what sponsoring agencies are
eligible to have them was included.
11
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 27, 2008
Chapter 4. Article 3. Section 5B. Crime Prevention (CPTED). Staff worked with the City
Police Department and developed a listing of items the Police Department routinely looked
for when reviewing plans These would be incorporated into the Code as a guideline, and
encompassed lighting, numerical address, building design, understory parking, and
miscellaneous provisions such as mailboxes, crosswalks, bike racks, and A TM machines.
Mr. Johnson explained the members would be given a complete document after the final
rewrites were adopted. The next rewrite to be brought forward would address signage.
Motion
Mr. Lis moved to recommend the rewrite as presented. Ms. Grcevic seconded the motion.
The comments about the dolphin poles and the American Flag were noted. A vote was
taken and the motion unanimously passed.
8. Other
Chair Jaskiewicz distributed Certificates of Appreciation that she received at the Board
Appreciation Dinner to the members.
9. Comments by members
None.
10. Adjournment
Motion
Mr. Barnes moved to adjourn. Ms. Grcevic seconded the motion that unanimously passed.
The meeting adjourned at 8:04 p.m.
c.tltJVJu, t tL Ci.tA1U--~ .
Catherine Cherry a
Recording Secretary
053008
12
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVl
[x. - CITY MANAGER'S
REPORT
ITEM A
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Citv Clerk's Office Meeting Dates in to Citv Clerk's Office
0 April 15,2008 March 31, 2008 (Noon) [g] June 17,2008 June 2, 2008 (Noon)
0 May 6. 2008 April 14, 2008 (Noon) 0 July I, 2008 June 16,2008 (Noon)
0 May 20, 2008 May 5, 2008 (Noon) 0 July 15,2008 June 30, 2008 (Noon)
0 June 3, 2008 May 19, 2008 (Noon) 0 August 5, 2008 July 14,2008 (Noon)
0 Anno uncements/Presentations [g] City Manager's Report
NA TURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Direct staff to continue research for an IT solution for electronic agenda software and future
audio/visual and data storage components that integrate with the city's existing Laserfiche repository and bring back to
Commission a preferred vendor selection based upon the future needs and preferences of the City Commission.
EXPLANATION: The City Clerk's Office, ITS Department and City Manager's Office have been working collaboratively to
investigate the possibility of implementing an electronic agenda process for the City Commission meetings. Requests for
"Best Practices" were sent out to all municipal Clerks within Palm Beach County and nationally through the Innovations
Alliance Group. Based on the responses, staff reviewed e-agenda solutions from DocMaestro, SIRE Technologies, Idea
Jllfegrations, MCCi/Granicus and Laserfiche. Based upon the review of these solutions, staff has created a list of criteria
that we feel would adequately meet the city's current need,
. Agenda management system that would compliment established work flow processes with multiple, customizable
workflows.
. Keep the style and structure of our current agenda template.
. Ability to attach multiple electronic reports and documents and scanned items to agenda item.
. Customizable, multi-stage routing and digital approval system.
. Real time automated tracking of individual agenda items, with electronic log of all actions taken on each item.
. Easy user revision and re-submittals.
. Automatically assembles reports in the proper order with easy addition, removal or rearranging of items to
accommodate last minute changes.
. Vendor responsiveness.
. Integration with existing archival system.
MCCi MuniAgenda, Laserfiche Easy Agenda and Laserfiche Agenda Manager appear to meet the established criteria.
Staff requests authorization to further investigate these IT solutions to acquire specific software pricing based upon current
and future needs as directed by the Commission. Costs can range from $35,000 to $60,000, depending on which software
package and additional components are purchased. Preliminary cost proposals are included in Exhibits "A", "B" and "C".
Also attached is a proposal from MCCi/Granicus Media Manager ( Exhibit "0") outlining possible future audio/visual
technology for your review.
PROG RAM IMPACT: Currently, the creation of a single meeting agenda is a very complex, laborious process in which the
City Clerk's Office manually collects, routes and tracks numerous paper forms and then prepares and prints multiple drafts of
the agenda and accompanying back-up documents. The approval process also entails a cumbersome, yet necessary procedure
in which a single agenda item may require up to six (6) signatures of approval from various departments. As a result of the
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
research. staff has concluded that a flexible, Web-based software solution would encourage fast user acceptance by providing
effic iency of automation without forcing end users to change the way they work. It would cut unnecessary steps, increase
efficiency and improve interaction among departments. We could provide faster agenda preparation with no need for manual.
paper-based submissions and approvals. An electronic agenda process is cost efficient, substantially reducing operational
expenses for paper, photocopying, manual distribution, and the staff hours associated with those tasks. It would allow staff to
accommodate last-minute changes without editing multiple paper copies and place items on the agenda without repetitive
copying and pasting. No more colored paper' Aside from the initial benefits of an internal electronic agenda management
system, there are additional options to be considered. Long-term planning could include touch-screen voting for Commission
members. Increased internal and public access with cross-linked audio/video webcasts and video-streaming. Documents
could be linked to video archives with index and time stamped video in real-time and closed caption availabi]ity. Staff
requires direction as to the future needs of the Commission and to the extent that the electronic agenda process will be utilized
and by which, if any, of the Advisory Boards will be required to convert to the electronic agenda process.
The City of Delray implemented the MuniAgenda approximately one year ago and has enjoyed success with the software.
City Clerk staff is pleased with the increased efficiencies and their City Commission has embraced the electronic agenda
process. Currently. three (3) Commissioners continue to receive a hard copy of the agenda and two (2) Commissioners access
the agenda from the computer. However, during City Commission meetings, all the Commissioners access the agenda and
backup from a computer on the dais.
FISCAL IMP ACT: Currently there is $55,000 in account # 00] -] 3] 0-5] 2-64-] 4 of the City Clerk's proposed FY2008-
2009 budget for the purchase of electronic agenda software. However, there are no funds being budgeted at this time for any
hard-ware associated with converting to e-agenda, i.e. laptops or PC's for the Commission Chambers dais, or for any hard-
\\ iring associated with internet connectivity, in order to access the electronic agenda. ITS has estimated $2,] 00 per
Laptop/Desktop PC (including battery backup/surge protector). City Hall Commission Chambers network cabling/wiring cost
is approximately $2,000 (not including any additional electrica] power outlets for each computer system on the dais). This
would allow each Commissioner (and/or Advisory Board Member) to choose a paper hard copy ofthe agenda and backup. or
work off of a computer on the dais.
AL TERNA T1VES: Not to pursue an electronic agenda process at this time.
i :1;;, h )~'I {. 9~k~-'-;'-<-
City Manager's Signature
Assistant to City Manager ~
City Manager's Office
Department Name
City Attorney / Finance
S.Bl!U F I"IN\FOR\1S\AGENDA ITEM REQUEST FORM.DOC
EXHIBIT IIAII
Today's process of dealing with meeting agendas can be labor intensive and
inefficient - not to mention a waste of paper - and lots of it. Distributing your
packets can be a nightmare in itself. How, then, can organizations such as
yours take advantage of today's technology without spending a fortune? For
several years, we've focused on answering that very question - and are
pleased to offer you MuniAgenda.
This web-based solution gives you full range of control over your agenda
process. Designed specifically for local and county government - MuniAgenda
offers the flexibility to create, approve, manage and publish your board meeting
agendas. Through a fully customized design, MuniAgenda conforms to your
lxisting process - greatly reducing the learning curve and increasing the level
of user acceptance.
Paper, copy and distribution costs are virtually eliminated - giving you a notable
return on your investment from the beginning. MuniAgenda saves time and
money through a streamlined and seamless process. Additionally, your public
will love the ability of searching and viewing agenda items online - at their own
schedule.
MuniAgenda is easy to learn - and easier to use. Once a new agenda is
created, then council members, department heads and other authorized users
will be able to submit items for review and ultimate approval. Once items are
approved, the "agenda-owner" incorporates them into the final agenda itself.
Finally - the agenda is published for internal and public viewing. It's that simple.
. Aligns with Current Processes
. Consolidates the Agenda Workflow
. Reduces Administrative Lag Time
. Increases Internal and Public Access
. Reduces Agenda Printing and Distribution Costs
PRODUCT FEATURES
Automating ...
Item Submission
Item Approval
Agenda Creation
Agenda Publishing
Customizable.. .
Item Request Form
Item Details List
Item Approval Workflows
Agenda Layout
Options...
Meeting Module
Minutes Annotation
Vote Tracking
Video Integration
Audio Integration
Document Management
Integration
MCCi
PO Box 2235
Tallahassee FL 32317
850.576.3171
800.342.2633
www.mccinnovations.com
MuniAgenda User-Interface: 3 examples
1. MuniAgenda - Commission/Board member's view of meeting page:
_Oe--=_1f!i_~~~~~~~~~C<lfn/I><>lIr~~~~~~!2-.--::= -- ----.=-- ---=:=~~:~J~~=:c- ----
File Edit \Iiew Fevorites Tools Help
........
. ,/..
Muni4 enda
Welcome. Mr Kinsey ~ I t:!ll!llil
-
FnOay May 23. 2008
Agenda Mnut2S
Prlnl:1iI Ex~ai'd AU 1:.fi Collapse All !.
V. Consent Agenda
The Statutory Consent Agenda includes non-controversia1 and routine items that
may be acted upon with one single vote. An item may be puled from the Consent
Agenda in order that it be discussed and acted upon individuaBy as part of the
Regular Agenda.
,:; 1. Ch}' Clerk 100% SaI&ry loa.....
She works very bard md we =01 afford to m., her
g)i'. 2. s.... Car for !'in.,.
New = for Nancy heouse she deserves It
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Automled agenda aystem. MuaiAgenda, from MCCi.
VI. Old Business
po "
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This shows how the agenda is displayed after Commissoner logs in to MuniAgenda
2. MuniAgenda - Commission/Board member's view of search page:
Ml,[lA(,II..I}! '~11 d\IIW Wl'ldOW' lnlcrrlcl !xpIOlr, _ .= X
CJO. j@j h!tp:1/saIes.mcci>noY_.com,oboordYiew/DefoUt.aspx
, fie Edit View Fovorites Tools ~
: Coogle I~j. i!I Go .. _ ~ s \!l It. tl Bool<marl<o. I QI Popups ol<av j ~ Chod< . c", AlAoW.. 'Is AutoF.!r ~ Send to. '" G 5ettlnOS.
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Friday. May 23. 2008
lim Upcoming M!.e.!i.~.______._________.____.._.._._._________.____._______________._.
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5/2712008 Regular Meeting City Hall . Bob Demo f...i>Q':...l!!l C':~.O..F..Jm
512712008 Regular Meeting City Hall - Councd Chambers. Moscow, 10
512812008 Regular Meeting LO Council Chambers
61312008 Regular Meeting City Hall (Eric Demo)
613012008 Regular Meeting City Hall - Jim Demo .:F>:~I'_~
P Recent Comments
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Building department needs new Truck
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ha - here's the proo... Regular Meeting 511212008
Egalitarian Regulsr Meeting 613012008
associated funding Regular Meeting 512012008
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Loaation
City Hall. Council Chambefs . Moscow. 10
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RH . Lakewood. CO
City Hall . Bob Demo
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3. MuniAgenda - Public view of agenda published on website (html format):
---~~~. +tX ~'~c.:,_______---------,-p~
Fie Edit View Povortes Tools Help
: Coogle: ..~ ~ M ~ 8' y 'Cl Bool<morksy !~p_oI0y ~Check y,AutoUnk Y ~Sendtoy 05ettinos.
! links it: ~ Florida it: CustomiZe lris ~ GoogIo tt. HTE Demo ~ laserhche ~ .. 'iiL;';~ MeC WebmoiI ~ Mea ~ Mea lrot Mtrilocs
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IV. Regular Session
V. Consent Agenda
The statutory Consent Agenda includes non-controversial and routine items that
may be acted upon with one single vote. An item may be puDed from the Consent
Agenda in order that it be discussed and acted upon indMdually as part of the
Regular Agenda.
1. CIC,- am 100% Salary I.......se
She wodcs very hard """ we caonot afford to lose her.
2. N.... C.r for Naacy
New car for Nancy because she deoerves tl
3" Pan:....e of Aulomated Ace'" Sytelll F..... MCCI
AuIomtod ogmda system, MuniAgmda, from MCCI.
VI. Old Business
VII. New Business
..,
P" . ".
Each numbered item is actually a clickable hyperlink leading to additional details.
.
MCCl
Municipal Code Corporation
SALES DEPARTMENT
PO Box 2235 . Tallahassee, Florida 32316
TELEPHONE (800) 342-2633. FAX (850) 701-0715
Bob Kinsey, Account Executive. extension 721. bkinsey@mccinnovations.com
May 22, 2008
Janet Prainito
City Clerk
City of Boynton Beach
P.O.Box310
Boynton Beach, FL 33425
Dear Ms. Prainito:
I enjoyed speaking with you recently regarding the MuniAgenda software. Pursuant to our discussion we
are pleased to enclose our Professional Services Proposal. While reviewing the proposal please keep in
mind the following advantages of being a customer ofMCCi:
>- MCCi is a division of Municipal Code Corporation (MCC) - MCC has been serving local
government for more than 50 years and has a proven track record of developing services to meet local
government needs. MCC's philosophy is to provide cost effective, easy to use products and provide
personalized customer service. MCCi has followed this model.
>- MCCi focuses on local governments- MCCi was created by Municipal Code Corporation to focus
on innovative technologies for local government. MCCi provides software and services to more than
250 cities and counties.
>- MCCi offers superior support- MCCi offers support through our help desk, email, and toll free
number. We also have a phenomenal online support center that gives end users access to training
manuals, "how to" checklists, training videos, a knowledge base, and software updates.
If you have any questions concerning our proposal or desire additional information, please do not hesitate
to contact me on our toll-free number. We appreciate your interest and hope that we will have the
pleasure of working with you and serving the City of Boynton Beach.
Sincerely,
Bob Kinsey
Account Executive
BK/cd
Enclosures:
Exhibit A - MuniAgenda Proposal
Executive Summary
MuniAgenda is designed to automate the agenda process by giving you the ability to create. approve and
track items for upcoming and past Councilor Commission meetings with a fully customizable, web-based
interface. We focus on customization because we know that every city and county approaches the agenda
process differently. With MuniAgenda you can:
,. Eliminate Paper- MuniAgenda is the only product that tackles the agenda process from the
beginning. This means paperwork is eliminated at the source.
,. Publish your agenda automatically- Once everything has been approved, simply "make the
agenda public" and it wiII be published to your website. End Users or the public can access
individual sections, or the entire Agenda in PDF format.
,. Customize your Agenda Layout- MuniAgenda offers the flexibility of customizing the look and
layout of your Agenda. Your constituency is accustomed to seeing Agendas in a familiar layout.
Users and the public will see the same Agenda they saw in the old system.
,. Customize & Automate Item Requests- MuniAgenda offers the flexibility of customizing the
look and layout of your Item Request page. The Item Request captures key attributes of each
item. Names, Description, Type, Category and more are all captured on the item request page.
Focused on user-friendliness, MuniAgenda can be customized to replicate your existing paper
electronic form.
,. Customize & Automate Approval Process- MuniAgenda allows you to have Custom Workflow
for your items. Workflow can vary by item type. An ordinance may have one workflow while a
contract may have another. Custom workflows combined with the option of allowing user
defined workflows helps insure your complex process needs will be met.
, Board Member Access - MuniBOARDVIEW offers board members electronic access to agenda, draft
and final minutes and full research capability. Members can easily view upcoming agendas and make
private comments as part of their meeting preparation. These meeting comments can be used during the
meeting to remind the member of comments they want to make or present. Viewing draft minutes prior to
the next meeting is easy using MuniBOARDVIEW and comments can be made on draft minutes as well if
there is discussion required prior to approval of minutes. The online research option offers members the
opportunity to quickly research past items with a few mouse clicks. This feature reduces the strain on staff
who often receive calls from members for research.
,. Minutes Creation - MuniAgenda offers "MuniMeeting" as a module, which allows you to
publish both your "action" minutes, and your complete set of minutes when you are ready.
MuniAgenda is also integrated with other Minutes creation tools for your convenience.
,. AudioNideo Integration - Audio/Video integration is a future option for the MuniMeeting
module. MuniAgenda is also integrated with Granicus for audio/video and web streaming.
Keeping all of this in mind, you can see how MuniAgenda focuses on customization. We realize that
every city and county has different processes, needs, and complex approval processes that must be
addressed. MuniAgenda is a web-based solution designed specifically for Government organizations.
MuniAgenda will save time and money by streamlining the process of Agenda item creation. Whether
big or small, MCCi will package and customize MuniAgenda to meet your technical and budgetary needs.
MUNIAGENDA SOFTWARE.
QUOTATION SHEET;' .
*Please check all boxes below for options desired.
SOFTWARE
[{1 MuniAgenda Enterprise Edition
Includes: I Meeting Body (up to three meeting types)
3 agenda layouts
1 item details page
2 days onsite training
1 day lAD session
40 PSP hours
Boardview remote configuration & train the trainer training (up to 5 hours)
Remote installation and configuration
Configuration of up to 5 workflows
$33,000
SOFTWARE SUPPORT
[{1 MuniAgenda Enterprise Edition Annual Support Premium (MSAP)
For budgetary purposes, the Client should include this amount in annual budget for renewal
of MSAP of the above quoted software.
$4,225
OPTIONAL MUNIMEETING SOFTWARE. SUPPORT & IMPLEMENTATION
o Minutes Layouts (up to 2 layouts for "action" and "final" minutes)
o Remote training & installation - up to 10 hours
$1,500
$1,100
PA YMENT & BILLING TERMS
MCCi will invoice fifty percent (50%) of the total contract amount upon receipt of signed contract, 30%
upon completion and sign off of the Mock Up phase, and the remaining balance will be invoiced upon
completion of installation and training. Payment will be due upon receipt of an invoice
Total Cost (excluding Optional MuniMeeting Software, Support & Implementation)
$37,225
MUNIAGENDA OPTIONAL
. QUOTATioN'SHEE
*Please check all boxes below for options desired.
ADDITIONAL MEETING BODIES
o Additional Meeting Body (1 meeting type) $4,500
Includes: I agenda layout
1 item details page
10 PSP hours
Configuration of up to 5 workflows
1 year Meeting Body MSAP
Client should include $400 in annual budgetfor renewal of Additional Meeting Body A/SAP
o Additional Meeting Body (up to 3 meeting types) $5.700
Includes: 3 agenda layouts
I item details page
10 PSP hours
Configuration of up to 5 workflows
I year Meeting Body MSAP
Client should include $600 in annual budgetfor renewal of Additional Meeting Body MSAP
ENTERPRISE PDF CONVERTER SOFTWARE. SUPPORT & IMPLEMENTATION:
o Enterprise PDF Converter Bundle
o Enterprise PDF Converter Bundle MSAP
o Remote Installation & Configuration - up to 10 hours
Total
$9,520
$2,480
$1,100
513,100
MUNIAGENDA TEST SERVER & SUPPORT
o MA Enterprise Test Server Setup
o MA Enterprise Test Server MSAP
52,113
$2,113
MUNIAGENDA OPTIONAL IMPLEMENTATION SERVICES:
o Additional JAD session, per day
o Additional day of installation/training
o Project management for on site rollout, per day
o Board member training
o Developer course (conducted at MCCi corporate, 3 days), per trainee
Additional trainee's 52,250 each. Courses enrollment is limited to 5 developers from your organi::atiol1
o Hosting, up to 5 GBs, per year S3,000'
o Additional item details screen per each $1,000
o Additional agenda layouts per each S 1,000
o Additional workflow configuration per each $200
o Future customization, per hour $110
$2,500
$2,100
$2,]00
$2,100
$4,500
DOCUMENT MANAGEMENT CONNECTOR SOFTWARE, SUPPORT & IMPLEMENTATION:
o Document Management Connector $3,000
o Document Management Connector ISAP $600
o Remote installation & training - up to 10 hours S 1,100
GRANICUS INTEGRATION SOFTWARE, SUPPORT & IMPLEMENTATION:
o Granicus Connector
$3,000
.' Cost is per year and may vary il' bandwidth varies unexpected~v Discuss variances with YOllr project manager
* * Please contact your Granicus representative for their fees associated with this integration
o Granicus Connector lSAP
o Remote installation & training - up to 5 hours
$600
$550
PAYMENT & BILLING TERMS
MCCi will invoice fifty percent (50%) of the total contract amount upon receipt of signed contract, 30%
upon completion and sign offofthe Mock Up phase, and the remaining balance will be invoiced upon
completion of installation and training. Payment will be due upon receipt of an invoice.
EXHIBIT nBn
EasyAgenda
Automated Agenda Processing
ld5t~r nche
R&S Integrated
Products and Services Inc.
Information through Innovation
3816 Indusby Blvd.
Lakeland, FL 33811
863.709.8044
www.rsoasis.com
support@rsoasis.com
R&S Integrated - EasyAgenda
Automated Agenda Processing
1. Introduction
EasyAgenda is a browser or web based software solution that manages documents related to organizational
meetings. Usually, the related documents are called 'Agendas', the categories for the meetings are called 'Sections';
and, the individual topics are called 'Agenda Items'. Employees or 'Users' in the organizational departments create
and submit agenda items prior to the meetings. Depending on organizational policies, the agenda items must be
submitted and reviewed within a certain time frame prior to the meeting. Typically, this requirement is called a
'Deadline' for agenda item submittal.
The 'agenda items' are created, reviewed, and edited by a select group of persons for certain departments within the
organization. Assigned users (e.g., departmental supervisors, managers, or directors) review, edit, and approve the
agenda items to be discussed at the meeting. The 'agenda items' sometimes require back-up or additional sets of
information to properly review and approve the agenda items. The approval process is usually determined by the
organization's department structure. Most often, this process or agenda item workflow follows the departmental
structure as depicted by the 'organizational chart'. Based on 'agenda item type', some topics or items may require
Finance and/or Legal review, edit, approval/disapproval.
The agenda items are submitted to relative sections for each meeting. The agenda items and sections are combined
to create, publish, and subsequently distribute a single compound document, or 'Agenda'. Usually, the resultant
document is distributed before the meeting so participants can review each agenda or project item. This allows the
participant to be prepared to discuss and subsequently 'approve' or disapprove' the agenda item and content at the
meeting. Sometimes, an 'agenda item' can be discussed at several meetings before final approval.
EasyAgenda automates the submittal, notification, approval/disapproval, publishing, and distribution of agenda items
and meeting agendas. In addition, EasyAgenda will automate calendaring, agenda management, item request,
agenda production and publishing, review and approval. EasyAgenda can be used for organizations such as city,
school board, and county agendas for scheduled meetings.
EasyAgenda User Types
Submitter - A user that creates agenda items, adds items to meeting agendas, and submits the items for
departmental, technical, manager, and publisher review. Typically, a Submitter only uses Button One of the Approval
Routing tool bar. Exception: Department supervisors, technical reviewers, and publishers can submit agenda items.
Supervisor Reviewer - A user that is responsible for departmental agenda item review. Button Two of the Approval
Routing tool bar refers to this type of user. Through the EasyAgenda Admin Console, the department hierarchy is
setup. 'Parent' departments and sub-departments or divisions are configured through the EasyAgenda Admin
Console.
Technical Reviewer - A user that is responsible for technical review of agenda items, e.g. Finance Department
supervisor, Legal Department / Attorney, and or IT director for computer or IT purchases. Button Three of the
Approval Routing tool bar refers to this type of user.
Manager - A user that is responsible for management review of agenda items, e.g. City Manager, Asst. City
Manager and School Board Superintendent. Button Four of the Approval Routing tool bar refers to this type of user.
Publisher - A user that is responsible for publisher review of agenda items, e.g. City Clerk, Town Clerk, Agenda
Coordinator and Administrative Assistant. Typically, Button Five of the Approval Routing tool bar refers to this type of
user
System Administrator - A user that has access to the EasyAgenda Admin Console. In most projects, the same
person is assigned. Typically, an IT or MIS user is assigned to this role as well.
EasyAgenda
User Manual
3
R&S Integrated - EasyAgenda
Automated Agenda Processing
4. Access to Agenda Items
Agenda items can be accessed using different methods.
In the 'Your Personal Items' section of the Today page, the user can view in chronological order all agenda items
he/she has submitted (up to the last 15 items are listed).
Or, as mentioned in the previous chapter, after navigating to the desired meeting through the calendar, by meeting
section the user can view the items in the default order determined by the system publisher.
Additionally, if the user is a 'Reviewer', in the 'Items Awaiting Your Approval' section on the Today page, the user can
view all items pending approval/review by the user (in meeting or project due date order). See Figure 3-1.
Items can also be viewed after clicking on the hyperlink in an EasyAgenda notification email.
Sl' G.l! ... b}e_. @rp. >>
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If@WIU' City SIOI8J1
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Commislion Meeting
Commislion Meeting
2/1212007
2112J2007
211212007
waiting for supeM90f approval
~
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ITEUS WAlnNG FOR YOUR APPROVAL
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Fig. 3-1: Today Tab of Main screen.
EasyAgenda
User Manual
6
R&S Integrated - EasyAgenda
Automated Agenda Processing
6. Item Submission
The first button is assigned to the item submitter or originator of the agenda item (sometimes referred to as the
'Owner'). Approval by the subdivision and department is assigned to second button on the EasyAgenda toolbar, or the
'Supervisor' button. The third button is for 'Reviewer', or technical review, and is assigned to the Budget Department,
the Legal Department and/or the IT Department.
Initially, the approval routing for each item is determined by the organization's departments and related subdivisions.
The organizational structure will be determined during the project setup and configuration. This is configured through
the EasyAgenda 'Administration Console'.
The route or sequence for item approval is based on the type of item and the departmental/division structure of the
organization. A 'Supervisor' user approves items for his/her subdivisions or departments.
The item type selected determines the desired approval routing. Item type is determined by the 'Submitter' user when
adding or submitting the item to a desired meeting section or project section.
A user can view the person responsible for the next approval step by placing the cursor on the link entitled 'Approval
Status (Hover)' on the item. This will display the primary and secondary people responsible for the next approval in
the process.
To add and submit an agenda item, navigate to a desired section in a selected meeting.
{ [' J : t.:I if 'Ide! St'IH11f'fllpldtf' to rny fnhnx ^cid Itf nl10 Sf (11CHl
-~
A. Minutes - June 29. 2004
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...1 .l;i.... I B11~!j]~~DJ I [j]=~=;F=wllll=- 01 Updated I
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Item Comments
SiM! Comments
Figure 6.1
Click on the hyperlink, 'Add Item to Section', the following window will appear.
EventType: Meeting
Location: Boct Chambers
To: 2/1212007359:50 PM
Category. Regular
Agenda:
Commission Meeting
Template: agn-shl.doc
Template: SedionTemplate.doc
Section:
Consent agenda
Add New Item To Agenda
Item Type
____.u_____.._._.__
~~!'~!~!Y.P.~ G .. .
Item Name
Load New Item Documem
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: New Fire
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Add Item to Agenda
d
Figure 6.2
EasyAgenda
User Manual
8
R&S EasyAgenda Automated Agenda Solution
5/23/2008
City of Boynton Beach
Budget Cost Proposal
Automated Agenda Solution
System Proposal - Cost Summary
May 2008
'Software Summary Includes all required and recommended software components
i Professional Services Summary Includes all installation, integration, analysis, and training
~c Annual Support/Maintenance Summary Includes all required and recommended support and
" maintenance; includes upgrades, service, and on-site support day(s).
~\
~;
R&S Integrated
System Cost Proposal - Summary
4
R&S EasyAgenda Automated Agenda Solution
5/23/2008
City of Boynton Beach
Automated Agenda Solution
~
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Software - Recommended Components
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Description
R&S EasyAgenda - Two (2) Publisher licenses
Two (2) 'System Administrator' licenses, Two (2) 'Manager' licenses
Ten (10) 'Approval' licenses; all licenses concurrent
Site license for 'Submitters' and view only users
EasyAgenda - Action Agenda and Minutes Module
EasyAgenda - Voting/Results Module, with reporting capabilities
Ext. Price (
$19 995~
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R&S Integrated
Software - Recommended
4
R&S EasyAgenda Automated Agenda Solution
5/23/2008
City of Boynton Beach
Budget Cost Proposal
Automated Agenda Solution
~;
Professional Services
"P' .t." " . , '
" '
~. Process Evaluation and AnalysIs
Discovery and mapping of eXisting work processes, approval
routing workflows, and process methodologies.
32
$110
$3,520
fc:
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t Software and Hardware
Installation, configuration and testing of all software
components
24
$110
$2,640
ir Installation, Configuration, Test
i} User and Admin Training
On-site training for all system users and system administrators
80
$110
$8,800
R&S Integrated
Professional Services
4
R&S EasyAgenda Automated Agenda Solution
5/23/2008
/'
City of Boynton Beach
Budget Cost Proposal
Automated Agenda Solution
Annual Support and Maintenance
Software Support and Maintenance - Required
Priority Plan
Item Description
Support and Maintenance Summary Description Qty
Laserfiche Agenda Manager - Support and Upgrades for
one year
Unit Price Extended Price
LFAM1 P
$5,500 $5,500
.
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R&S Integrated
Annual Maint & Support
4
EXHIBIT nC"
Web-Browser-based Legislative'Management
~ Accelerate agenda building & distribution
~ Streamline approval of items & support material
~ Simplify minutes compilation & distribution
l~~
laserfiche'
Laserfiche@ Agenda Manager™
Laserfiche Agenda Manager is a Web-browser-based
legislative automation tool that streamlines the
agenda process from calls for submissions through
final packet publication and post-meeting minutes
distribution. Agenda Manager works with
Laserfiche to free clerks and other preparers from
repetitive tasks, allowing them to spend less time on
logistics'and more time making decisions.
AgendaManager empowers council members and
{)the! approvers to review draft agendas with less
effo!t and,gI'eater speed. Your entire organization
bf:jnefitsfrom fast access to agenda information via
the Web without creating extra work for IT staff.
Constituents enjoy the enhanced service afforded by
your digital agenda solution.
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...............
_.......~
Your interactive agenda provides convenient access
for staff, citizens and the media.
The municipal clerk. The county clerk. The commission secretary. Wherever the responsibility for formal
agendas rests, Laserfiche Agenda Manager reclaims the preparer's time for other productive activities. Agen
Manager lightens the repetitive task load by tracking the disposition of proposed items and automatically
moving items through the approval workflow.
With Agenda Manager, council members, staff and administrators across departments participate easily
in the agenda process from their desktops. Required revisions travel instantly to the preparer or appropriate
submitter without waiting for paper memos to travel by hand. The result is a standardized agenda that requires
fewer resources to prepare, approve and distribute.
~ Simplify the entire agenda workflow within your
Laserfiche document management solution.
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~ Reduce preparation time and effort with electronic,
templatized agendas.
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~ Approvers act immediately upon receiving e-mail
reminders instead of waiting for paper memos to
arrive.
--
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-
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1.........
~ Enjoy the flexibility to approve the agenda in its
entirety or item-by-item.
.......... "'....
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. 't!If;
.....
~ With Laserfiche Web Access, remote and traveling
decision makers approve items securely via the Web.
An intuitive submitter view streamlines the item
submission process,
~ Simplify minutes preparation and reduce retyping
with automated minutes templates.
Retain the Appearance of Your
Current Agendas
Laserfiche agenda management tools utilize a
Microsofttl WordTh(plug-in, which enables the preparer
to produce an agenda whose style and structure are
~iar to the meeting's attendees. Thepreparer can
then ~asilypublish the agenda, along with the
supplemental documentation, as a bookmarked,
searchable PDF file that, can be printed, distributed
electronically or posted online. To facilitate distribu-
tionvia e-mail, the agenda packet is also published
as a ZIP file.
~ lJs~ standard word-processing tools to create an
agenda whose appearance is familiar to the
meeting's attendees.
~ PuPlish the final ageIlda packet as easily-dis-
trlbutedPDF' and ZIP files, at the touch of a
blltton.
~.ensure thatattendees can quickly download the
agenda and. access supporting documentation.
Get ~tarted Quickly for Fast
Results
Laserfiche, agenda management solutions are
desi81led for, quick installation',and deployment.
Because, they integrate seamlessly with, Microsoft"
IrltEn'Ilet ~lorer'll4, v. 5.0 and later, they require no
w?rkstation iIlStallation for most. users. They also
req~~ support from your organization's IT
department.
Furthermore, these tools' ease-of-use and intuitive
desi81l eliminate the need for extensive training and
ensure that users get up to sp~edquickly.
~ Encourage fastuser acceptance by providing
an easy-to-use agenda management solution.
~ MinimizeJhe burden on your IT department
by selecting a system that's easy to install and
maintain.
~ Reduce, operating expenses associated with
paper, photocopying and manual distribution.
Agenda Manager Quickstart
This guide to Agenda Manager will walk you through the initial steps of
setting up meeting types, users, groups, approval routes and e-mail
notifications.
Open Agenda Manager by opening Internet Explorer and typing
IIMyServerl AMServer into the address bar, replacing MyServer with
the name of your Agenda Manager server.
J - >
flit ~ ~ I'tyOI'tes !oc* !:!tP
"
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Laserfichee Agenda Manager
\Ienion 7,'
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Welcome to Laurfiche Agenda Manager
Enter user name and password
User name
Password
I Login I
Powered by Lasemche Agenda Manager
CopYlIght 2005 Compuhnk Management Center, Ine
e)Dcne
" ~ LouIIrtr.-l
Log in to Agenda Manager using the administrative account you set up
during configuration, or another account with administrative privileges
(Manage Meeting Types and Manage Users).
The administrative screen will appear. The default tab is "Meeting
Types."
4
Creating Meeting Types
Click "Create Meeting Type" to get started.
I~Group' I [] NDllficallOf' Its M~ Accounl Help
View Allllem F,elds V_ Approval Rome
I Updel8 II Reset I
......Tw.
Delete Meeting Types
o h101O.nsl.m Cor*mle.
Next Scheduled Meetings
Nont
I UpdOl8 I I Rent I
The "Create Meeting Type" screen presents a form containing all the
information you need to define a new meeting type. You can navigate
to different sections of the form using the navigation bar at the top of
the screen.
Meeting l\Iame TIme Submission Deadline Approver Reminder Permissions
Fill in desired meeting type name.
11 Meeting Name
-= mandatory fields
Meeting Name:-
5
The rest of the information about the meeting, described below, is
optional and will default to "none."
o Recurring meetings. If you want to set the meeting to recur on a
regular basis, select the appropriate option. Select Daily if the
meeting recurs every time a certain number of days have passed.
Weekly sets the meeting to recur every 1-4 weeks on whatever
day or days of the week you select. Monthly sets the meeting to
recur at a certain day every 1-12 months, and yearly sets the
meeting to recur once per year.
~ Time
Meeling Recurrence 0 None 0 Dally 0 Weekly 0 Monthly 0 Yearty
UA the mannt '.~,".nee
to automallull,. utladule
futu.e maHinfS. ....tihG
PreparalJ can _.dula
addiboul me"lllfS 1.om
... -P..p.r. A,end.- !all
o Submission deadlines. You can set a submission deadline to
make sure that agenda items have time to pass through the
approval process before the meeting occurs.
.sf) Submission Deadlines
Submit Agenda Item: ,':;
d8Y(s) before meellng date by
AM
PM
o none
o Reminders. You can set up Agenda Manager to automatically
send an email to approvers a certain number of days before the
meeting, to remind them to go through any agenda items that
may still be waiting.
~ Approver Reminder Time
Send e-mail reminder ,'--',
day(s) before meeting date at
AM
PM
(.~j none
6
Creating Item Fields
Item fields determine what types of information should go into each agenda
item.
To modify existing fields, click View All Item Fields under the Meeting
Types tab.
Al /1 ""1.:.11 ; jlM.ellng Typ_1 '" Llsers I H/!!
View All ......ng Types Create Melling Type
o The Edit Item Fields screen will appear.
:It Edit ltalll Fields
__ad..... U88' IU""'to fll OIotlht 1IIIIIl onlht.... ~~, W11llCllef1ect pelt Of
CU11lflIly rOlAld ...,
CandltiGnel ReuIing field U88' is flr'lIRIUd with tho 0IIIian to ~ IlctJCIc . tflOCi1ic: clcIpeItment ar UIOf
far ~ ~end war relllled ~$,
Llltlht 1leI$ n tile crdtr you -"__ to... cntlle IIln ~ pege.lliIordlr....1Iy rerwmg1he elCl8llnlJ
OMS. The yfIk1w ICOn (0) .....1hlIIlIlI tnfanMllan........, IIl1U ~ 1IIIIIl on lht .... ~ Pege W4l td as
III'l egendetllll"e _,
Delete Field Name
Required Conditional Routing
o
o
o
-
Reoonunended~jon
o
o
o
o
o
o
=, TitlelSubjec:t
De~riptio~um~H
Lond Wors in Asia
o
> Create Field
o Change the field titles by typing new titles into the Field Name
box.
o Check the Required checkbox to make a field mandatory for the
agenda item.
o Check the Conditional Routing checkbox if the presence or
absence of a field can change the approval routing for that
agenda item.
o Click the Update button when finished.
8
Setting Up Email Notification
Email notification can let approvers know when an item has been assigned to
them and remind them when a meeting is approaching and they still have
items to approve. Email notification also notifies submitters when one of their
agenda items has been rejected.
Click on the Notifications tab to view current e-mail notifications.
I /1 vi iJl ~ MflellOg Type'~ I .. Users I ~ Groups I@ N.~1ioi)
List All Messages
Click on the name of a notification (in the Messages column) to edit the
default message for that notification. The Global Default column
indicates whether that message is the one used for all meetings, or only
for the meeting type currently being viewed.
~E-rIIail Notffic8tl~n
Messages
Item Routed
Item Rejected for Agenda
Approver Reminder
Global Default
,/
if
"I
Edit the Subject field to your liking.
.:..J N.-.-........
'l:tft;~;Ofl Mu,. tof
I__d
......;t"". COMIH'
~t.(~ .'~,lJr;J!'oveI To,'" UpdtUto
MI'!ll.JOf' "PPf(JV_l (\, .,. He", t-""!l b~~n"'..''''f\'''d 1:!:i Vn-l.I. r~!J':I :'1.r1: t~r fflOtlt lnfcf"tI4tlctl.
$l,;bmftle,
c.,~
Ol!l1"
SlJbm.,.."d
H.e<b'\'J
ti.,,.,.
veil:
:? l..i;o ..~ 6,"~ ~4~U;tt \3, all m.r.~'9 h'.~
Edit the Message field. To enter tokens for
information about the specific agenda item, place the
cursor where you want the token, click the clock icon
to the right of the Message text box, and select the
token you want to insert.
>>
Submitter
Group
Date
Submitted
Meeting
Name
URL
15
Laserfiche Agenda Manager -
Automated Agenda Solution
5/23/2008
City of Boynton Beach
Budget Cost Proposal
Automated Agenda Solution
System Proposal - Cost Summary
May 2008
- Summary Item Summary Item Descnption Sub-Total
Software Summary Includes all required and recommended software components
Professional Services Summary Includes all installation, integration, analysis, and training
Annual Support/Maintenance Summary Includes all required and recommended support and
maintenance; includes upgrades, service, and on-site support day(s),
$14,995
$14,960
$4,500
~~~~~ ~;:-'~,"~~ 1 ~~~~ - :::_~~ - -',,- '" ',~ --,' - -' -- -~,-- -~~~- ~----:-~=--_:~-- ---=---~~:~
~~.l""'''''''!i~''~.!;'~ ~ <" . ,.." ", ,'. _~~~ .'
R&S Integrated
System Cost Proposal - Summary
4
R&S EasyAgenda Automated Agenda Solution
5/23/2008
City of Boynton Beach
Automated Agenda Solution
Software - Recommended Components
. SoftW(.H. r';;t '1 f ndt.'\.' 1" \ .lIt); III ;It
Line Item
Description
Laserfiche Agenda Manager - Five (5) Meeting Profiles
Qty Unit Price
1 $14,995
Ext. Price
$14,995
LFAM1
R&S Integrated
Software - Recommended
4
R&S EasyAgenda Automated Agenda Solution
5/23/2008
City of Boynton Beach
Budget Cost Proposal
Automated Agenda Solution
Professional Services
~ Process Evaluation and Analysis
~
Discovery and mapping of existing work processes, approval
routing workflows, and process methodologies.
32
$110
$3,520
Ii
~, Software and Hardware
\','
a'
1 Installation, Configuration, Test
Installation, configuration and testing of all software
components
24
$110
$2,640
! User and Admin Training
t':.
On-site training for all system users and system administrators
80
$110
$8,800
R&S Integrated
Professional Services
4
R&S EasyAgenda Automated Agenda Solution
5/23/2008
City of Boynton Beach
Budget Cost Proposal
Automated Agenda Solution
Annual Support and Maintenance
SOfh..\dff ':t;ppnr-f \ ~./1 I{ \ "fj
Priority Plan
Item Description
Support and Maintenance Summary Description Qty
Laserfiche Agenda Manager - Support and Upgrades for
one year
Unit Price Extended Price
LFAM1 P
$4,500 $4,500
R&S Integrated
Annual Maint & Support
4
5/21/2008
To : City of Boynton Beach
Janet Prainito
City Clerk
Via email
Janet,
I would like to thank you for taking the next step in improving public access and meeting
efficiency. Together, we can make sure you have the solution that meets your organization's
specific needs. We look forward to assessing where you are at today, showing you what is possible
and determining where you would like to go with respect to public access and public meeting
management. Ultimately, it is our goal to bridge the gap between where you are at today and where
you would like to go with our software, professional services and infrastructure.
The following proposal represents a guarantee. When you receive a proposal from Granicus, we
promise to perform enough due diligence such that we will deliver your solution on-time, on
budget and with no surprises.
Very Kind Regards,
Chris Rynders
Southeast Regional Manager
Granicus, Inc.
~
'"
II
II
1 of 19
Granicus MediaManal!er™ Software
Granicus MediaManager™ consists of a set of web-based software tools designed to efficiently
organize and manage your public meeting and non-meeting content. These tools put the control of
web publishing, public meeting workflow and system reporting into the hands of non-technical
users.
Public Site:
Our solution includes several pages for your Internet users to access on-demand media and live
broadcasts. Users will use these pre-built pages to search out specific footage, and jump to specific
events within your audio/video archive. The Granicus solution also allows for a key word search
based on all of the index points associated with the complete library of video archives related to
the City. This functionality substantially increases the convenience of access to and use of meeting
archives. Around these core pages you can instantly control user access using a registration and
log in system. All public web pages are seamlessly integrated into your current website, so that the
look and feel of your site remains consistent.
Protected Administration Site:
As a client of Granicus, you will have access to a web based administrative site that will allow you
to create and manage archives, schedule and index live events, link documents and minutes of
meeting to the video, view real time usage reporting, and configure content distribution. You will
also have access to a series of video editing tools that can be used to enhance your on-demand
content once it has been broadcasted or encoded,
. Media Acquisition tools give you the ability to add audio and video content to your content
library from a variety of sources. Utilizing the Granicus Outcast™ encoder, live events can
be simultaneously broadcast and archived to the library easily and directly through the live
event manager. During a broadcast you can add times stamped data, such as agenda item
indices or slides, allowing you to create rich multimedia presentations. You are also given a
simple media import tool that can be used to import any pre-encoded content from your
desktop into your archive listing. Finally, the Granicus Outcast™ encoder, which is included
with MediaManager™ - Basic, can be used to encode your analog video by replacing the
live signal with that of a standard video playback device such as a standard VCR or DVD
player. In this scenario, the same capture tools for managing a live broadcast can be used to
make your valued offline content available online. Granicus also offers in house from
encoding from VHS or DVD as part of our professional services.
· Automatic Live Event Scheduler and Archive Publishing - Live events, such as City
Supervisors meetings, can be easily scheduled to be both broadcast live and archive through
the Granicus Live Event Manager. By utilizing this tool, the City will not require staff time
or technical assistance to start, stop or archive their live events. Archives are automatically
transferred from the Granicus OutCas(IM encoder to the Granicus MediaCenter™ and
automatically published the web site of City, These features substantially decrease the need
for staff time to manage content creation and publishing to the web site of City,
4 of It)
. Media Clip Administration provides clients the tools to create, edit, delete, index, trim and
merge digital video clips. Once the media is in the archive library you can utilize indexing
tools that allow you to set multiple "Jump To" points into the video, providing your end user
the ability to easily navigate your streaming content. Various other editing and
organizational tools allow you to modify your archives and add to the searchable Meta data
associated with each archive.
. Meeting Agenda Parser allows the City to index its video archives based on agenda item
titles, by automatically pulling the agenda item titles and descriptions from the agenda of the
City and loading them into the Granicus MediaManager™. These agenda item titles are than
loaded into the live event manager, which allows you to index your video in real time by
simply clicking on an agenda item title and pressing enter when the council or board begins
discussing that issue. Other solutions, if they offer indexing, force you to manually retype
and load the text for each agenda item. The Agenda Parser feature assures quality indexing
and substantially decreases the staff time need to create indices.
. Searchable Indexes - Audio and Video archives, which are viewable over the Internet, can
be easily indexed with multiple jump points through the Granicus MediaManager™
software. These indexes allow users to jump directly to the specific point in the audio/video
archive of the City. The Granicus solution also allows for a key word search based on all of
the index points associated with the complete library of video archives of the City. For
example a key word search on "Water" will return to the user a direct link to all of the
audio/video archives, which discuss water usage in the City. This functionality substantially
increases the convenience of access to meeting archives.
. Searchable Closed Captioning - The Granicus solution supports the use of closed
captioning, and the association of the captioning with the streaming media. Captions are
viewable during live and archived streaming for full ADA compliance. For archived
meetings the captions can also be searched by key words allowing the user to jump to the
appropriate point in the video archive. In addition captions can also be used to create a
transcript for a particular agenda item through the Granicus MediaManager™ Software.
. Document Management enables documents to be manually loaded and linked to video
archives and directly associated to the appropriate agenda items, resulting in a searchable
archive that includes both the audio/video record of your meeting and the staff reports or
other documents that were used during the meeting. Cross-linking documents and
audio/video archives provide the most comprehensive records archive system available. To
improve the efficiency of integrating and linking your meeting documents with your meeting
audio / video see the Document management Integration option included with
MinutesMaker™.
. CD Download with Indexing - AudioNideo Archives can be quickly downloaded and
burned to CD by any administrator of the Granicus solution. The CD download also includes
the agenda item indexing information so users of the CD can still jump directly to the
agenda items they are interested in. This tool conveniently provides offline copies of your
meetings for those citizens without Internet access.
~
"
. ,~
iii
5 of 19
· Media Delivery subsystems, such as the Granicus StreamReplicatorTC'v1 and Media V aultT\1
maximize your existing infrastructure investment by allowing you to deliver content using
local storage and bandwidth when appropriate. These systems function transparently as pan
of the Granicus solution, and complement the robust delivery architecture at the Granicus
MediaCenter™. No special training is required to operate these devices as they function
autonomously and are controlled by Granicus MediaManager™ software,
· Summary Reports provide you with detailed usage reports concerning: streaming requests.
average user bandwidth, outbound bandwidth, content popularity, and media storage usage,
· Complete Template Language - The Granicus MediaManager™ software uses a tag-based
template language to display all published content. This allows you to finely control the look
and feel of your video and video-related pages, and does not restrict your layout like a
header/footer based publishing system would. These templates can be easily managed
through our HTML editor by your webmaster.
· Views System - The views system is the counterpart to the template language. The Granicus
MediaManager™ software allows you to publish video archives and a list of upcoming live
broadcast to the web by creating views. To create a view you simply select the appropriate
template and specific content you would like to have published. For example, a City may
want to publish all of its City Council archives and the upcoming live broadcast of the City
Council meeting on one webpage. To do this simply select the City Council archive folder
and City Council event and then select the appropriate template. This will generate an
HTML webpage with the appropriate look and feel and content. Link this page into your
existing website and your ready to go,
6 of I':!
Proposed Solution Pricin2
Software Modules
MediaManager
MinutesMaker (l Meeting Body)
Outcast Encoder Software (l License)
Media V aul t Software (1 License)
Sales Tax 0 %
Software Subtotal
Professional Services
Software Installation and Configuration
On-Site Training (4 Days)
PhonelWeb Training (2 Hours)
(2) - Document Templates
(l) - Player Template
(1) - View Template
Sales Tax 0 %
Professional Services Subtotal
~
..
II
..
2 of 19
$4,500.00
$2,250.00
$450.00
$5,400.00
$0.00
$12,600.00'
$4,545.00
$7,100.00
$300.00
$1,350.00
$675.00
$675.00
$0.00
$14,645.00
Proposed Solution Pricing
Hardware Components' eVIay he provided by City)
( 1 ) - Outcast Encoder Server (A V rack mount with RAID))
(I) - Osprey 230 Video Capture Card
(1) - MediaVault and/or StreamReplicator Server (Standard OS)
(1) - Foot Pedal
Sales Tax 0 %
Hardware Subtotal
Shipping
$2.275,00
5450,00
52.540.00
$0.00
$0.00
$5,265.00
$300.00
Total Sales Tax+ 0 %
$0.00
Total Up-Front Software, Professional Services & Hardware
Total Monthly Managed Services.
$32,810.00
$1,561.10
This Proposal was generated by Chris Rynders of Granicus, Inc. on 5/21/2008 and it expires on
11/21/2008.
*
Price and hardlvare model are subject to change after 90 days Ivithout prior notice,
+ Additional sales tax may apply depending on your organization 's tax status and the tax laws
unique to vour state, county and/or municipality,
3 of 19
IX.-CITY MANAGER'S
REPORT
CITY OF BOYNTON BEACH ITEM B.
AGENDA ITEM REQUEST FOR]\...
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 April 15, 2008 March 31, 2008 (Noon) ~ June 17,2008 June 2, 2008 (Noon)
0 May 6, 2008 April 14,2008 (Noon) 0 July I, 2008 June 16,2008 (Noon)
0 May 20, 2008 May 5, 2008 (Noon) 0 July 15,2008 June 30, 2008 (Noon)
0 June 3, 2008 May 19,2008 (Noon) 0 August 5, 2008 July 14,2008 (Noon)
0 Ann ouncements/Presentati ons ~ City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: City staff requests City Commission review and comments on the draft FY 2008/2009 Capital
Improvement Plans for general government, parks, streets and utilities.
EXPLANATION: During Budget review in July of each year, the City Commission reviews the Capital Improvement Plan
(CIP). The revenues and expenditures in the CIP have a direct impact on the City's ability to finance general operating
expenses and vice versa, Therefore, the CIP is not only a roadmap for infrastructure construction and repair; it also is an
integral component in the overall financial portfolio of the City.
It has been the custom in the last four years to provide the City Commission a sneak peek of the working draft of the CIP prior
to actual budget review in July and budget adoption in September. This early preview affords the Commission an opportunity
to ensure that the CIP is addressing the overall needs of the public based upon information that may be given directly to the
Commission members and not necessarily to City staff It is the consolidation of all needs, perspectives, desires and opinions
that helps to formulate a capital plan that truly reflects the wishes of the community. The CIP must present realistic revenues
and expenditures so that our implementation pledge to the public can be fulfilled.
GENERAL GOVERNMENT CIP
The general government CIP considers all improvements that are not utility related. This CIP includes general government,
parks/recreation and streets/transportation systems. The plan breaks each of these components into their own cost centers so
that one can easily identify the public investment in each area.
As noted, staff is presenting a working draft of the CIP that will be presented in final form for Commission review in July.
The CIP is always a living document because needs obviously change over time based upon changing needs and priorities,
The CIP will also change based upon varying revenue such as gas tax and public service tax. For example, staff is projecting a
$150,000 revenue reduction in local option gas tax revenues because we anticipate that gasoline consumption will decline
yielding less tax revenue (gas taxes are based upon gallons consumed not a percentage of sale price). Although this is but one
minor component of CIP it illustrates how declining revenues are affecting many aspects of our ability to provide public
serVIces,
The Draft FY 2008/09 Budget CIP and the Adopted 2007/08 CIP are both attached for comparison purposes. A minimal
number of small projects have been added, deleted or amended and because these projects are typically low cost and related
to maintenance, staff will not be commenting specifically herein about these elements. However, a few notable changes have
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
been made to the proposed plan compared to the approved 2007/08 CIP, Discussion of these changes and funding impacts
are as follows:
Pro'ect or Issue
Pg 3, Expenditure Summary -
Transfer to Fire Assessment
Pg 4, General Government-
City Wide ADA Compliance
Pg 4, General Government -
City Hall Kalwa!1 Replacement
Pg 4. General Government -
Library Expansion
Pg 4. General Government-
Old High School
5, General Government-
Police Public Safety Facility
Pg 5. General Government-
Public Works Facility
Pg 5, General Government -
School Museum Hurricane Proj,
Pg 6, Parks and Recreation -
Congress Ave, Boundless Park
Pg 7. Parks and Recreation -
Meadows! Nautica Sound Park
! Pg 8, Parks and Recreation -
Discussion of Chan e
This reduction illustrates that less revenue is necessary for the capital portion of the
existing Fire Assessment as a result of very favorable bids received for Fire Station ~
Construction. This resulted in savin s in the CIP of $3,826,650
The project was not initiated in FY 07/08 due to other staff priorities, However, given
the emerging dialogue about the future of the City Hall Complex, staff has expanded
the scope of this project to include a structure and mechanical assessment of the City
Hall com lex in addition to ADA evaluation,
This project is included in the 2009/I 0 plan but will not be initiated pending final
resolution of the future of City Hall. This Kalwall must be replaced due to \vater
intrusion and hurricane rotection,
The estimated expenditures for FY 2007/08 and 08/09 reflect dollars necessary to
complete the project. Also, funds are reserved for final contract negotiation,
Expenditure of the funds will require Commission action separate from budget
a roval.
This project, budgeted at $500,000 is being deferred to FY 08/09 pending final
Commission action on the building status, Staff anticipates constructing parking and
the cost is increased to $625,000 for that purpose, This also reflects increased asphalt
rICIn ,
Expenditures are consolidated into FY 08/09 and 09/I 0, Design work for this building
cannot begin until the Commission authorizes bonds in the amount of $25M, If
authorized, design will begin in FY08/09 and construction can commence upon
completion of Fire Station 5, The bonds for this work will be paid with proceeds from
the public service tax, Hence, public service tax revenue shown on Page 2 is reduced
by SIAM per year to account for this debt payment. This also assumes that this year's
one-time use of public service tax revenues for operating expenses is not repeated, If
so, then construction of the Police FaciIi will have to be deferred accordin I .,
This project was shown in last year's CIP, Staff contemplated receiving funding for
this work from the CRA, Because there is no funding source, this project has been
removed from the Draft CIP,
Staff recommends that this project be deferred and funding modified, After
considerable evaluation and receipt of cost proposals, staff simply believes that any
hurricane covering will not be aesthetically compatible with the historic nature of the
building, Therefore, staff recommends consideration of total window replacement with
impact windows with the requirement that the current appearance be closely
a roximated,
Approximately $2,9 will be spent on Phase I beginning fall of2008, However, the
expenditure balance of$5.7M has been placed into FY 2012/13 and corresponding
revenues have been placed into that FY as well. As part of our Comprehensive Plan.
the City is not allowed by the State to show projects in the first three years of this CIP
that are not funded, Therefore, because this project relies on yet to be identified
grants, the final project expenditure has been moved to FY l2/I3, StatTis hopeful that
funding will be secured earlier so that the project can proceed to its ultimate and
referred confi uration,
This project has been deferred from FY08/09 to FY 12/I 3, This deferral is made
because staff does not believe operating budget funds will be available in 2009 to
maintain a newark,
This ro' ect was initiall lanned for FY09/I 0, The work was com leted on an
SllllI.I.ETI'J\FORMS'v\GENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Senior Center Roof
Pg 8, Parks and Recreation -
Winchester Park
Pg 9, Transportation -
Street Maintenance
Pg 9, Transportation -
Gateway and Quantum Signal
emer enc basis in FY07/08 with a cost savin s ofnearl $360,000.
This $2M project was initially planned for FY 10/11. The project scope is not clearly
identified and funds for maintenance ma not be available,
The annual street maintenance expense has been increased from $500,000 per year to
$625,000 per year. This reflects increased costs due primarily to increased price of oil.
Ironically, while the cost of this project has increased due to economic conditions, the
associated revenue as tax) is ro'ected to decrease.
This signal was originally to be constructed by DR Horton as part of the Parkside
Townhouse project. Horton provided surety in the amount of$137,500 for a span wire
signal. The County is now requiring mast arms at an estimated expense of$240,000.
The City will construct the signal. Horton will partially fund by use of a developer
a reement involvin Parkside and Knollwood Subdivision sureties.
This project is being deferred in totality to FY 08/09. Staffhas identified a public art
com onent and the roo ect sco e has been modified.
Utilities 2008-2009 CIP
The 2008-2009 Utilities CIP program embodies projects that are vital to the future growth, service reliability, and sustainable
needs of the community. It reflects, in part, a continuation of the 2007-2008 CIP programs which were suspended due to lack
of funding. Such projects were, consequently, rolled over to the 2008-2009 fiscal year, and future years. The major projects of
the 2008-2009 CIP include key program components slated to address water supply needs through 2028; an aggressive
reclaimed water program to satisfy consumptive use permit (CUP) and environmental requirements; and an ongoing state-of-
the art remote control and automation program. Thus, the CIP projects are designed to address water supply expansion,
resource optimization, modernization, and plant upgrades requirements.
Mainly, the Utilities CIP is derived from a rigorous business case evaluation (BCE) program that was approved by the
commission and implemented by the Utilities in 2005. The BCE was a tool the Utilities used to examine and streamline its
CIP projects, Staff employed a set of criteria that was driven primarily by water quality and safety needs, regulatory trends
and mandates, infrastructure upkeeps, growth and business needs of the community to qualify each project of the CIP
program. The new and prioritized CIP program that evolved was incorporated into a rate study. And, the result of the study
generated new user fees and funding structure that was needed to support the Utilities CIP through the subsequent years.
I Discussion or Change
I This project has experienced significant delays due to barriers encountered in
easement ac uisition issues.
The SE 41 Street and Federal Highway Corridor projects have been
combined together into one project. Overall, the project price has reduced
due to favorable biddin , erha s reflective of existin market conditions.
Additional sewer issues have been identified and subsequently caused an
increase in the extent and cost of this ro' ect.
This project has seen a decrease in expense due to changes in market
conditions and the resultant lower bids,
This project seeks to seal the wastewater system and minimize Boynton's
flow and contribution to the re ional Wastewater Treatment Plant in Delra
This project has been extended to an outer year, 20 I 0/20 II, due to the fact
that existing inter connect facilities and recent water supply developments
have eased the immediate needs that were previously associated with the
ro . ect.
This project is designed to meet the City's Water Supply needs through the year 2028. It has been
broken down into the 3 com onents below.
Project or Issue
Pg II, North and South Road Storm water
1m rovements Ph I.
Pg II, Storm water Improvement - SE 4
/SE Federal Hwy Corridor
Pg 12, Lake Boynton Estates Sewer Main
,llllprovement
I Pg 12, Submersible Conversion of Pump
i S t':lti().!:l~:___
. Pg 12. I & I (Inflow and Infiltration)
, Pg 13, PBC Interconnects - Treatment
and Pumping.
Pg 15,
Alternative C-
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Project or Issue _--------L_~__,___~__n____________ Discussion or Change
Future Water Pg 14. LPRO (Low The West Water Plant is proposed to be converted to a more versatile
Supply Plan Pressure Reverse treatment approach, the Low Pressure Reverse Osmosis Project that will be
Osmosis treatment at the better equipped to treat the brackish water from the Floridan Wells, Funding
West plant) for this project begins in 2010 with $1,650,000, The project will end in 2013
with a total of $8,520,000.
~..~_ . _n__.___
Redundant water at the West well field will be transferred through the 24"
pipe, the West-East Interconnect, to be treated at the East Plant. Due to its
different chemical characteristics. the water from the West will be chemically
conditioned to make it viable for treatment at the East Plant. The initial
expenditure is projected at $2,901,000 in 2008/2009, The project will
J continue through 2013 with a total of$30,705,000, _____,__,,_,._,.
The Floridan Aquifer Wells will provide additional water source to
supplement the existing supplies from the superficial wells, A total of 8
million gallons per day of brackish water will be withdrawn and treated with
a newer technology, Low Pressure Reverse Osmosis at the West plant. This
project commences in 2009/2010 with $5,933,000 and completes in 20 Ii
with a total of $21 ,482,000.
i An aggressive water reuse/reclaimed project has been embarked upon to
I support the Consumptive Use Permit (CUP) and address emerging
environmental sustainability requirements,
The New Force main from the East plant and the New Lift Station at SE6ii! .
Avenue have been combined into one project. The project is being hand led
this way through the design process, and construction will coincide,
Pg 15, Phase 1 New Force Main from
East Plant to regional Plant. new force
main LS at SE 6th Avenue. new LS at SE
6th A venue,
--~-------- ------ -- -,,_._--~---_.
Pg 15. Additional 3 million Water
Stora.&e_Jil_nJ<L!l!_t~~ West Plant,
Pg 15, Service to Enclaves - water,
sewer, and storm water
Pg 15.
Alternative C-
Future Water
Supply Plan
Pg 16, East-West
Interconnect Ion
Exchange, Pump Station
Pg 15, Florida Wells
Pg 15. Reuse or Reclaimed Water
This additional water storage tank project was added due to water supply and
operating needs that have cropped up.
This project has been added to address possible service issues and
I. annexation. A policy decision may be needed to define the extent of subsld\
__L!.~a_U~:!.!lY be re9.uirei!J.s>~upport this effort. __
PROGRAM IMPACT: All projects have unique impacts on various programs and services in the City,
FISCAL IMPACT: As Page 2 illustrates, revenue for the General CIP is realized from a variety of sources, yet only the
Public Service Tax and Local Options Gas Tax have a direct correlation to the City's Operating Budget. Each of these
funding sources can be used for operating budget expenses, As noted, staff has proposed to defer Public Service Tax funding
of the CIP in FY 08/09, Also, law allows for the Gas Tax to be used for certain transportation related operating expenses as
well.
A L TERN A TIVES: Staff welcomes City Commission comments and creativity regarding the proposed FY 08/09 Budget
Based upon comments received, the final CIP will be developed for review during the July budget
Department Head's Signature
\:j~; .'c,.~~J~..\ \.,
City Manager's Signature
~
Wf
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Department Name
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Fund 404
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ACCOUNT DESCRIPTION
BEGINNING FUND BAlANCE
$ 34,019.962 $ 29.741.583 $ 28,440.095 S 20.728.000 $ 17,406.1115 $ 5,263.579 $ 1.015.516 $
440,711
REVENUES
BondslLoan Proceeds
. . 6.000,000 . 6.000,000 . . 3.000,000 . 3,000,000 . 3.000,000
. 2,500,000 . 2.500,000 . 2,500,000 . 2,500,000 . 2,500,000 . 2.500,000 . 2,500,000 . 2.500,000
$1,599,101 $1,581,43.2 $1,493,105 $1,088.115 $913.883 $278,338 SO .J
---
$1,950.000 $1,505.900 ---
. (10.328.000) $ (6,'sa,lOO) . (17,707.200 . (12,907,200) $ (15,557,.200) $ (10,024,400) S (8,074,800 . (5.288,10011
Capital Facility Chaf98S
Interest
Grants
EXPENDITURES
GRANT OPPORTUNITIES
REVENUES OVER IUNDER) EXPENSES
S (4,278.391) $ (1,301,4U) $ {7,714.OIS} $ (3.31St.OIS) S 112.143,3371 S 14,248,062 S 157",800) S
233,200
,~'?!.~ FUND BAI...N<<:E
$ 2!:Z~1,543 $ 28,440.015 $ 20,726.000 $ 17,406,1115 $ 5~~ -L-..,~!0!.~,5115 ,Lm~"!!! .L_,.,.~..7..!:!.1.!.-
ACCOUNT DESCRIPTtoN
BEGINNING FUND BAlANCE
~'"li' I..:" - ~, ,
7,949,351 $ 16,453.853 $ 18.215,531 $ 17.004,030 $ 16.0118.011 $ 17,555.931 . 11,135,814 $ 3.681.125
27.800.53lit $ 20.000.000 . 10.000,000 . ".000,000 $ 10.000.000
$553.320 $7040...1.. $8111." $715.181 $7204."11 $790.017 $0411.112 $115,151
250.000 750.000 IrtW"&SE4'11Al
1,000.000 1,000.000 . 1.000.000 1.000,000 $ 1.000.000 1.000,000 . 1.000,000 . 1,000,000
$ (:m,8ft,584) $ (20.721.5315) $ 13.031,200) $ (6.871,200) $ 110,261....1) $ (10,210,134) $ (6.865.800) $ 13.6013,800)
8,504.215 $ 1.711,871 $ (1,211.501) $ ft06.01li1) $ 1.0457,920 . (8,0420,117) S (5,04504.68&) $ {2,..n.1"St
16,0153.653 . 11,215.531 . 17.004,030 $ 11,011I.011 17,55:li.931 . '.135.814 . 3.881.125 1.202.176
$2.442.722
$41,968.320
....,..12,004.2 . 48.1115,218 $ ....&55.627 . 37,730.030 $ 33,504,127 . 22,81'.5011 $ 10.151.330 . ",121,M2
27.800.53lit 20.000.000 $ 16.000.000 10.000.000 10.000.000 $ 3.000.000 . 3.000.000 3.000,000
2.500.000 . 2.500.000 $ 2.500.000 $ 2,500.000 2,500,000 $ 2,500,000 $ 2.500,000 . 2.500.000
2.152.1121 $ 2.301." $ 2.312.1004 1.853.2H $ 1,838,2704 $ 1,068.355 $ 411.112 $ 165,851
2,200.000 $ ""'.- $
1.000.000 $ 1 ,000.000 1,000,000 $ 1,000,000 $ 1,000,000 1,000.000 $ 1.000,000 1.000.000
. (31;22.7.564) $ (27.5117.338) $ (30.731.0400) $ (1'.578.400) S (25.123,8811 120.234.5304) $ (12.NO.800) $ (8,I10,SOO)
".225,896 $ 0460."10 $ 18.St25.5I6) $ (",225.1004 (10.685,417) $ (12,1568.179) (6.02......) $ (2.244....,1
046,195.21a $ ....155.627 $ 37.730.030 $ 33.504,liI27 22.8111,5Olit $ 10.151.330 4,121.142 $ 1,876,192
REVENUES
BondsILoan Proceeds
Interest
G"",1s
Transfer from Oper.Iting Fund
EXPENDITURES
GRANT OPPORTUNITIES
REVENUES OVER (UNDER) EXPENSES
ENDING FUND BALANCE
ACCOUNT DESCRIPTION
BEGINNING FUND BAlANCE
REVENUES
BondaILoan Proceeds
Capttal Facility Charges
Interest
""'.Is
Transfer from Operating Fuoc:l
EXPENDITURES
GRANT OPPORTUNmES
REVENUES OVER (UNDER) EXPENSES
ENDING FUND BALANCE
Cond'uction Fund Proceeds $27;600;.538 $2O;ooo,DCIO ,to to SO to to SO
_SRF_ SO $16;000;000 '$10;000;000 $10;000,000 $3.000.000 $3.000.000 $3.000.000
I V.... End RUkIuBI S46.1lit5.216 $48.855,627 $37.730.030 $33.504.1127 $22.1111.511 $0 '0 SO
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Total BorTowed
2014.15-
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$3.000,000
lKl,977.000
96.230.125
$187.201.125
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl",.
XII. - LEGAL - 1st Reading
ITEM C.1
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 Apnl ] 5, 2008 March 31, 2008 (Noon) r2J June] 7,2008 June 2, 2008 (Noon)
0 May 6, 2008 April ]4,2008 (Noon) 0 July 1, 2008 June 16, 2008 (Noon)
0 May 20, 2008 May 5, 2008 (Noon) 0 July 15, 2008 June 30, 2008 (Noon)
0 June 3, 2008 May ]9,2008 (Noon) 0 August 5, 2008 July] 4,2008 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NA TURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda r2J Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: To adopt on first reading Ordinance 08-017 that authorizes a non-ad valorem assessment to fund fire
services, The current assessment has been in place since October 1, 2001 and sunsets at the end of the current fiscal year. This
ordinance is necessary to authorize a new fire assessment process.
EXPLANA TION: This Ordinance authorizes a non-ad valorem assessment to fund fire services and provides the first step in
approving the new fire assessment. The Ordinance sets forth the Commissions' authority to fix an annual assessment against real
property, which will generate funds for the purpose of operating, maintaining, and improving fire services. The Ordinance does not
establish a specific assessment rate, The assessment rates will be fixed by an initial or preliminary assessment resolution and
subsequently by annual assessment resolutions. Prior to the final rate resolution being considered at a subsequent Commission
meeting, an initial rate resolution will be on the July 1,2008 Commission Agenda.
PROGRAM IMPACT: Enactment of this ordinance will authorize a fire special assessment to generate funds for the purpose of
operating, maintaining, and improving fire services. The fire assessment will not fund emergency medical services. By separate
accounting within the budget, revenues generated as a result of this non-ad valorem assessment will be expended for personnel,
operating, and capital costs for the fire services provided by the City's integrated fire rescue department. It is anticipated that the
initial year of the assessment will generate up to $3.35M (assuming a rate at 35% of assessable costs) for fiscal year 2008/09,
depending on the rate structure approved by the City Commission. Note that the ordinance authorizes the special assessment, but
does not impose one, A fire special assessment will be imposed upon the adoption of a final assessment resolution considered at a
public hearing in September, 2008.
FISCAL IMP ACT: All costs associated with implementation and annual maintenance costs are recovered through the assessment
process should the City Commission impose a special assessment authorized by this Ordinance.
AL TERNA T1VES: Failure to adopt the ordinance will mean that the fire special assessment cannot be imposed, which will result
in shortfall of approximately $2,7M in the Fire Rescue Department budget that may result in either increased taxes or in the
el iminatio~ of approximately 24 firefighter positions.
~/ '
/ ", , /.",
)! . ~, ( ,~.-t............._~
..l,i. . < ,.
I /'" Department Head's Signature
~;1/4 ?It':tVt'>t..--.
/ "
Department Name
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM, DOC
{ tC'i.
/
d ~7
,. / ..
t (( 'C......., C.: 1-' ~..(.ct:-"'-"-'L
" City Manager's Signature
Assistant to City Manager ~
City Attorney / Finance
TABLE OF CONTENTS
PAGE
ARTICLE I
INTRODUCTION
SECTION 1,01. DEFINITIONS. .................................................................................... 2
SECTION 1.02. INTERPRETATION. ...... ........ .......... ............... ...... ......... .............. .......6
SECTION 1.03. GENERAL FINDINGS. ....................................................................... 7
SECTION 1.04. LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT. ............. 8
ARTICLE"
ANNUAL FIRE RESCUE ASSESSMENTS
SECTION 2.01.
SECTION 2.02.
SECTION 2.03.
SECTION 2,04.
SECTION 2.05.
SECTION 2.06.
SECTION 2.07.
SECTION 2.08.
SECTION 2.09.
SECTION 2.10.
SECTION 2.11.
SECTION 2.12.
SECTION 2.13.
SECTION 2.14.
SECTION 3.01.
SECTION 3.02.
SECTION 3.03.
SECTION 4.01.
SECTION 4.02.
SECTION 4.03.
SECTION 4,04.
GENERAL AUTHORITY. .................................................................. 9
IN ITIAL PROCEEDINGS. ................................................................. 9
INITIAL ASSESSMENT ROLL........................................................ 10
NOTICE BY PUBLICATION. ..........................................................10
NOTICE BY MAIL. ..........................................................................11
ADOPTION OF FINAL ASSESSMENT RESOLUTION. ................. 14
EFFECT OF FINAL ASSESSMENT RESOLUTION. ......................15
ANNUAL ADOPTION PROCEDURES. .......................................... 15
LIEN OF FIRE RESCUE ASSESSMENTS. .................................... 19
REVISIONS TO FIRE RESCUE ASSESSMENTS, ........................ 19
PROCEDURAL IRREGULARITIES. ............................................... 20
CORRECTION OF ERRORS AND OMISSIONS. .......................... 20
INTERIM ASSESSMENTS. .. ........ ............ ....... ....... ........... .............22
AUTHORIZATION FOR EXEMPTIONS..............................., ...21
ARTICLE I"
COLLECTION AND USE OF FIRE RESCUE ASSESSMENTS
METHOD OF COLLECTION. ......................................................... 25
ALTERNATIVE METHOD OF COLLECTION. ................................ 25
GOVERNMENT PROPERTY. ........................................................ 28
ARTICLE IV
GENERAL PROVISIONS
APPLICABILITY. .......... ..... ... ... ...... ......... ............. ....,. ... ...... ......... ...30
ALTERNATIVE METHOD............................................................... 30
SEVERABILITY. ..., ....... .......................... ....... ...... ...... ......... ............30
E FFE CTIVE DATE. ,...,................................................................... 30
1
2
ARTICLE I
INTRODUCTION
3
4
SECTION 1.01.
DEFINITIONS. As used in this Ordinance, the following
5 words and terms shall have the following meanings, unless the context clearly
6 otherwise requires:
7 "Annual Rate Resolution" means the resolution described in Section 2.08
8 hereof, establishing the rate at which a Fire Rescue Assessment for a specific Fiscal
9 Year will be computed. The Final Assessment Resolution shall constitute the Annual
10 Rate Resolution for the initial Fiscal Year in which a Fire Rescue Assessment is
11 imposed or reimposed.
12 "Assessed Property" means all parcels of land included on the Assessment
13 Roll that receive a special benefit from the delivery of the fire rescue services,
14 programs or facilities identified in the Initial Assessment Resolution or a subsequent
15 Preliminary Rate Resolution.
16 "Assessment Roll" means the special assessment roll relating to a Fire
17 escue Assessment approved by a Final Assessment Resolution pursuant to Section
18 .06 hereof or an Annual Rate Resolution pursuant to Section 2.08 hereof.
19 "Building" means any structure, whether temporary or permanent, built for
20 upport, shelter or enclosure of persons, chattel, or property of any kind, including
21 obile homes. This term shall include the use of land in which lot or spaces are
22 ffered for use, rent or lease for the placement of mobile homes, travel trailers, or the
23 ike for residential purposes.
2
1 the provision of fire rescue services, facilities, or programs which provide a special
2 benefit to Assessed Property, and shall include, but not be limited to, the following
3 components: (A) the cost of physical construction, reconstruction or completion of any
4 required facility or improvement; (B) the costs incurred in any required acquisition or
5 purchase; (C) the cost of all labor, materials, machinery, and equipment; (0) the cost
6 of fuel, parts, supplies, maintenance, repairs, and utilities; (E) the cost of computer
7 services, data processing, and communications; (F) the cost of all lands and interest
8 therein, leases, property rights, easements, and franchises of any nature whatsoever;
9 (G) the cost of any indemnity or surety bonds and premiums for insurance; (H) the cost
10 of salaries, volunteer pay, workers' compensation insurance, or other employment
11 benefits; (I) the cost of uniforms, training, travel, and per diem; (J) the cost of
12 construction plans and specifications, surveys and estimates of costs; (K) the cost of
13 ngineering, financial, legal, and other professional services; (L) the costs of
14 compliance with any contracts or agreements entered into by the City to provide fire
15 rescue services; (M) all costs associated with the structure, implementation, collection,
16 nd enforcement of the Fire Rescue Assessments, including any service charges of
17 he Tax Collector, or Property Appraiser and amounts necessary to off-set discounts
18 eceived for early payment of Fire Rescue Assessments pursuant to the Uniform
19 ssessment Collection Act or for early payment of Fire Rescue Assessments collected
20 ursuant to Section 3.02 herein; (N) all other costs and expenses necessary or
21 ncidental to the acquisition, provision, or construction of fire rescue services, facilities,
22 r programs, and such other expenses as may be necessary or incidental to any
23 elated financing authorized by the City Commission by subsequent resolution; (0) a
4
1 Rate Resolution and confirmed in the Final Assessment Resolution or Annual Rate
2 Resolution.
3 "Ordinance" means this Fire Rescue Assessment Ordinance.
4 "Owner" shall mean the Person reflected as the owner of Assessed Property
5 on the Tax Roll.
6 "Person" means any individual, partnership, firm, organization, corporation,
7 association, or any other legal entity, whether singular or plural, masculine or feminine,
8 as the context may require.
9 "Preliminary Rate Resolution" means the resolution described in Section 2.08
10 hereof initiating the annual process for updating the Assessment Roll and directing the
11 reimposition of Fire Rescue Assessments pursuant to an Annual Rate Resolution.
12 "Property Appraiser" means the Palm Beach County Property Appraiser.
13 "Tax Collector" means the Palm Beach County Tax Collector.
14 "Tax Roll" means the real property ad valorem tax assessment roll maintained
15 y the Property Appraiser for the purpose of the levy and collection of ad valorem
16 axes.
17 "Uniform Assessment Collection Act" means sections 197.3632 and
18 97.3635, Florida Statutes, or any successor statutes authorizing the collection of non-
19 d valorem assessments on the same bill as ad valorem taxes, and any applicable
20 egulations promulgated thereunder.
21
SECTION 1.02.
INTERPRETATION.
Unless the context indicates
22 therwise, words importing the singular number include the plural number, and vice
23 ersa; the terms "hereof," "hereby," "herein," "hereto," "hereunder" and similar terms
6
1 benefit provided to Assessed Property from the provision of the City's consolidated fire
2 rescue services.
3 (D) The annual Fire Rescue Assessments, to be imposed using the
4 procedures provided in this Ordinance, shall constitute non-ad valorem assessments
5 within the meaning and intent of the Uniform Assessment Collection Act.
6 (E) The Fire Rescue Assessments to be imposed using the procedures
7 provided in this Ordinance are imposed by the City Commission, not the Palm Beach
8 County Board of County Commissioners, the Property Appraiser or the Tax Collector.
9 The duties of the Property Appraiser and Tax Collector under the provisions of this
10 Ordinance and the Uniform Assessment Collection Act are ministerial.
11 SECTION 1.04. LEGISLATIVE DETERMINATIONS OF SPECIAL
12 BENEFIT. It is hereby ascertained and declared that the fire rescue services,
13 acilities, and programs provide a special benefit to property because fire rescue
14 ervices possess a logical relationship to the use and enjoyment of improved property
15 y: (1) protecting the value and integrity of the improvements and structures through
16 he provision of available fire rescue services; (2) protecting the life and safety of
17 ntended occupants in the use and enjoyment of property; (3) lowering the cost of fire
18 nsurance by the presence of a professional and comprehensive fire rescue program
19 ithin the City; and (4) containing the spread of fire incidents occurring on vacant
20 roperty with the potential to spread and endanger the structures and occupants of
21 mproved property.
22
8
1 specific properties, (4) establishing an estimated assessment rate for the upcoming
2 Fiscal Year, (5) establishing a Maximum Assessment Rate, if desired by the City
3 Commission, and (6) directing the City Manager to (a) prepare the initial Assessment
4 Roll, as required by Section 2.03 hereof, (b) publish the notice required by Section
5 2.04 hereof, and (c) mail the notice required by Section 2.05 hereof using information
6 then available from the Tax Roll.
7 SECTION 2.03. INITIAL ASSESSMENT ROLL.
8 (A) The City Manager shall prepare, or direct the preparation of, the initial
9 Assessment Roll, which shall contain the following:
10 (1) A summary description of all Assessed Property conforming to the
11 description contained on the Tax Roll.
12 (2) The name of the Owner of the Assessed Property.
13 (3) The amount of the Fire Rescue Assessment to be imposed against each
14 such parcel of Assessed Property.
15 (B) The initial Assessment Roll shall be retained by the City Manager and
16 hall be open to public inspection. The foregoing shall not be construed to require that
17 he Assessment Roll be in printed form if the amount of the Fire Rescue Assessment
18 or each parcel of property can be determined by use of a computer terminal available
19 0 the public.
20 SECTION 2.04. NOTICE BY PUBLICATION.
21 (A) Upon completion of the initial Assessment Roll, the City Manager shall
22 ublish, or direct the publication of, once in a newspaper of general circulation within
23 he City a notice stating that at a meeting of the City Commission on a certain day and
10
1 Section 200.069, Florida Statutes, the truth-in-millage notification ("TRIM Notice").
2 The City Manager shall provide to the Property Appraiser, no later than August 1 of
3 each year, the Fire Rescue Assessment rate expressed in dollars and cents per billing
4 unit, the associated Fire Rescue Assessment amount, and the purpose of the Fire
5 Rescue Assessment. The Property Appraiser shall include notice of the Fire Rescue
6 Assessment in TRIM Notice in the manner directed by the Special Act. The TRIM
7 Notice shall be mailed at least 20 calendar days prior to the public hearing to each
8 Owner at such address as is shown on the Tax Roll.
9 (C) Pursuant to the Special Act, inclusion of the Fire Rescue Assessment in
10 the TRIM Notice shall constitute satisfaction of any notice or mailing required under
11 Section 197.3632(4)(b), Florida Statutes, unless one of the following circumstances
12 apply:
13 (1) The Fire Rescue Assessment is being levied for the first time;
14 (2) The City's boundaries have changed, unless all newly affected
15 roperty owners have provided written consent for imposition of the Fire Rescue
16 ssessment to the City Commission;
17 (3) There is a change in the purpose of the Fire Rescue Assessment
18 r the use of the revenue from the Fire Rescue Assessment; or
19 (4) The Fire Rescue Assessment rate is increased beyond the
20 aximum Assessment Rate authorized by law or judicial decree at the time of initial
21 mposition.
22 (D) In the event one of the circumstances listed in Paragraph (C) above
23 pply, the City shall provide additional notice by first class mail to the Owner of each
12
1 (F) A change in the Fire Rescue Assessment rate which does not increase
2 the assessment beyond the Maximum Assessment Rate shall not require the mailing
3 of a notice other than the TRIM Notice.
4 SECTION 2.06. ADOPTION OF FINAL ASSESSMENT
5 RESOLUTION.
6 (A) At the public hearing as noticed pursuant to Sections 2.04 and 2.05
7 hereof, or to which an adjournment or continuance may be taken by the City
8 Commission, the City Commission shall receive any oral or written objections of
9 interested persons and may then, or at any subsequent meeting of the City
10 Commission adopt the Final Assessment Resolution which shall (1) confirm, modify, or
11 repeal the Initial Assessment Resolution with such amendments, if any, as may be
12 deemed appropriate by the City Commission; (2) establish the rate of assessment to
13 be imposed in the upcoming Fiscal Year; (3) establish a Maximum Assessment Rate
14 hat may be imposed in the event such rate was adopted; (4) approve the initial
15 ssessment Roll, with such amendments as it deems just and right; and (5) determine
16 he method of collection.
17 (8) The adoption of the Final Assessment Resolution by the City
18 ommission shall constitute a legislative determination that all parcels assessed
19 erive a special benefit from the fire rescue services, facilities, or programs to be
20 rovided or constructed and a legislative determination that the Fire Rescue
21 ssessments are fairly and reasonably apportioned among the properties that receive
22 he special benefit.
14
1 (B) The initial proceedings for the reimposition of an annual Fire Rescue
2 Assessment shall be the adoption of a Preliminary Rate Resolution by the City
3 Commission (1) containing a brief and general description of the fire rescue services,
4 facilities, or programs to be provided; (2) determining the Fire Rescue Assessed Cost
5 to be assessed for the upcoming Fiscal Year; (3) establishing the estimated
6 assessment rate for the upcoming Fiscal Year; (4) establishing or increasing a
7 Maximum Assessment Rate, if desired by the City Commission; (5) authorizing the
8 date, time, and place of a public hearing to receive and consider comments from the
9 public and consider the adoption of the Annual Rate Resolution for the upcoming
10 Fiscal Year; and (6) directing the City Manager to (a) update the Assessment Roll, (b)
11 provide notice by publication and first class mail to affected Owners in the event
12 circumstances described in subsection (F) of this Section so require, and (c) directing
13 and authorizing any supplemental or additional notice deemed proper, necessary or
14 convenient by the City.
15 (C) At the public hearing established in the Preliminary Rate Resolution or to
16 hich an adjournment or continuance may be taken by the City Commission, the City
17 ommission shall receive any oral or written objections of interested persons and may
18 hen, or at any subsequent meeting of the City Commission, adopt the Annual Rate
19 esolution, which shall (1) establish the rate of assessment to be imposed in the
20 pcoming Fiscal Year and (2) approve the Assessment Roll for the upcoming Fiscal
21 ear with such adjustments as the City Commission deems just and right. The
22 ssessment Roll shall be prepared in accordance with the method of apportionment
23 et forth in the Initial Assessment Resolution, or any subsequent Preliminary Rate
16
1 the Owners of such Assessed Property as provided by law. Such notice shall
2 substantially conform with the notice requirements set forth in Sections 2.04 and 2.05
3 hereof and inform the Owner of the date, time, and place for the adoption of the
4 Annual Rate Resolution. The failure of the Owner to receive such notice due to
5 mistake or inadvertence, shall not affect the validity of the Assessment Roll nor
6 release or discharge any obligation for payment of a Fire Rescue Assessment
7 imposed by the City Commission pursuant to this Ordinance.
8 (G) As to any Assessed Property not included on an Assessment Roll
9 approved by the adoption of the Final Assessment Resolution or a prior year's Annual
10 Rate Resolution, the adoption of the succeeding Annual Rate Resolution shall be the
11 final adjudication of the issues presented as to such Assessed Property (including, but
12 not limited to, the determination of special benefit and fair apportionment to the
13 ssessed Property, the method of apportionment and assessment, the rate of
14 assessment, the establishment or increase of a Maximum Assessment Rate, the
15 ssessment Roll, and the levy and lien of the Fire Rescue Assessments), unless
16 roper steps shall be initiated in a court of competent jurisdiction to secure relief within
17 0 days from the date of the City Commission action on the Annual Rate Resolution.
18 othing contained herein shall be construed or interpreted to affect the finality of any
19 ire Rescue Assessment not challenged within the required 20-day period for those
20 ire Rescue Assessments previously imposed against Assessed Property by the
21 nclusion of the Assessed Property on an Assessment Roll approved in the Final
22 ssessment Resolution or any subsequent Annual Rate Resolution.
18
1
SECTION 2.10.
REVISIONS TO FIRE RESCUE ASSESSMENTS. If any
2 Fire Rescue Assessment made under the provisions of this Ordinance is either in
3 whole or in part annulled, vacated, or set aside by the judgment of any court, or if the
4 City Commission is satisfied that any such Fire Rescue Assessment is so irregular or
5 defective that the same cannot be enforced or collected, or if the City Commission has
6 failed to include or omitted any property on the Assessment Roll, which property
7 should have been so included, the City Commission may take all necessary steps to
8 impose a new Fire Rescue Assessment against any property benefited by the Fire
9 Rescue Assessed Costs, following as nearly as may be practicable, the provisions of
10 this Ordinance and in case such second Fire Rescue Assessment is annulled,
11 vacated, or set aside, the City Commission may obtain and impose other Fire Rescue
12 Assessments until a valid Fire Rescue Assessment is imposed.
13 SECTION 2.11. PROCEDURAL IRREGULARITIES. Any informality or
14 irregularity in the proceedings in connection with the levy of any Fire Rescue
15 ssessment under the provisions of this Ordinance shall not affect the validity of the
16 same after the approval thereof, and any Fire Rescue Assessment as finally approved
17 shall be competent and sufficient evidence that such Fire Rescue Assessment was
18 uly levied, that the Fire Rescue Assessment was duly made and adopted, and that all
19 ther proceedings adequate to such Fire Rescue Assessment were duly had, taken,
20 nd performed as required by this Ordinance; and no variance from the directions
21 ereunder shall be held material unless it be clearly shown that the party objecting
22 as materially injured thereby.
23
SECTION 2.12.
CORRECTION OF ERRORS AND OMISSIONS.
20
1 the authority at any time, upon his or her own initiative or in response to a timely filed
2 petition from the Owner of any property subject to a Fire Rescue Assessment, to
3 reclassify property based upon presentation of competent and substantial evidence,
4 and correct any error in applying the Fire Rescue Assessment apportionment method
5 to any particular parcel of property not otherwise requiring the provision of notice
6 pursuant to the Uniform Assessment Collection Act. Any such correction shall be
7 considered valid ab initio and shall in no way affect the enforcement of the Fire
8 Rescue Assessment imposed under the provisions of this Ordinance. All requests
9 from affected property owners for any such changes, modifications or corrections shall
10 be referred to, and processed by, the City Manager and not the Property Appraiser or
11 Tax Collector.
12 (0) After the Assessment Roll has been delivered to the Tax Collector in
13 accordance with the Uniform Assessment Collection Act, any changes, modifications,
14 or corrections thereto shall be made in accordance with the procedures applicable to
15 correcting errors and insolvencies on the Tax Roll upon timely written request and
16 direction of the City Manager.
17 SECTION 2.13. INTERIM ASSESSMENTS.
18 (A) An interim Fire Rescue Assessment may be imposed against all property
19 or which a Certificate of Occupancy is issued after the adoption of the Annual Rate
20 esolution. The amount of the interim Fire Rescue Assessment shall be calculated
21 pon a monthly rate, which shall be one-twelfth of the annual rate for such property
22 omputed in accordance with the Annual Rate Resolution for the Fiscal Year for which
23 he interim Fire Rescue Assessment is being imposed. Such monthly rate shall be
22
1 B. On an annual basis, the City Commission shall designate the funds
2 available to provide any exemptions. The provision of an exemption in anyone year
3 shall in no way establish a right or entitlement to such exemption in any subsequent
4 year and the provision of funds in any year may be limited to the extent funds are
5 available and appropriated by the City Commission. Any funds designated for
6 exemptions shall be paid by the City from funds other than those generated by the Fire
7 Rescue Assessment.
8 C. Any shortfall in the expected Fire Rescue Assessment proceeds due to
9 any exemption from payment of the Fire Rescue Assessments required by law or
10 authorized by the City Commission shall be supplemented by any legally available
11 funds, or combination of such funds, and shall not be paid for by proceeds or funds
12 derived from the Fire Rescue Assessments. In the event a court of competent
13 'urisdiction determines any exemption authorized by the City Commission is improper
14 or otherwise adversely affects the validity of the Fire Rescue Assessment imposed for
15 any Fiscal Year, the sole and exclusive remedy shall be the imposition of a Fire
16 Rescue Assessment upon each affected Tax Parcel in the amount of the Fire Rescue
17 ssessment that would have been otherwise imposed save for the exemption afforded
18 0 such Tax Parcel by the City Commission.
19
24
, I
i!
Ii
, I
1 collect the Fire Rescue Assessments by any other method which is authorized by law
2 or under the alternative collection method provided by this Section:
3 (A) The City Commission shall provide Fire Rescue Assessment bills by first
4 class mail to the Owner of each affected parcel of property that is subject to the Fire
5 Rescue Assessment. The bill or accompanying explanatory material shall include (1)
6 a brief explanation of the Fire Rescue Assessment, (2) a description of the unit of
7 measurement used to determine the amount of the Fire Rescue Assessment, (3) the
8 number of units contained within the parcel, (4) the total amount of the Fire Rescue
9 Assessment imposed against the parcel for the appropriate period, (5) the location at
10 which payment will be accepted, (6) the date on which the Fire Rescue Assessment is
11 due, and (7) a statement that the Fire Rescue Assessment constitutes a lien against
12 Assessed Property equal in rank and dignity with the liens of all state, county, district
13 or municipal taxes and other non-ad valorem assessments.
14 (8) A general notice of the lien resulting from imposition of the Fire Rescue
15 Assessments shall be recorded in the Official Records of the City, Nothing herein
16 shall be construed to require that individual liens or releases be filed in the Official
17 Records,
18 (C) The City Commission shall have the right to foreclose and collect all
19 elinquent Fire Rescue Assessments in the manner provided by law for the
20 oreclosure of mortgages on real property or appoint or retain an agent to institute
21 uch foreclosure and collection proceedings. A Fire Rescue Assessment shall
22 ecome delinquent if it is not paid within 30 days from the date payment was due, as
23 dentified in accordance with paragraph (A)(6) of this Section. The City Commission or
26
1 Uniform Assessment Collection Act; provided however, that (1) notice is provided to
2 the Owner in the manner required by the Uniform Assessment Collection Act and this
3 Ordinance, and (2) any existing lien of record on the affected parcel for the delinquent
4 Fire Rescue Assessment is supplanted by the lien resulting from certification of the
5 Assessment Roll, as applicable, to the Tax Collector.
6 (F) Notwithstanding the City Commission's use of an alternative method of
7 collection, the City Manager shall have the same power and authority to correct errors
8 and omissions as provided to him or other City officials in Section 2.12 hereof.
9 (G) Any City Commission action required in the collection of Fire Rescue
10 Assessments may be by resolution.
11
SECTION 3.03.
GOVERNMENT PROPERTY.
12 (A) In the event Fire Rescue Assessments are imposed against Government
13 Property, the City Commission shall provide Fire Rescue Assessment bills by first
14 class mail to the Owner of each affected parcel of Government Property. The bill or
15 accompanying explanatory material shall include (1) a brief explanation of the Fire
16 Rescue Assessment, (2) a description of the unit of measurement used to determine
17 he amount of the Fire Rescue Assessment, (3) the number of units contained within
18 he parcel, (4) the total amount of the parcel's Fire Rescue Assessment for the
19 ppropriate period, (5) the location at which payment will be accepted, and (6) the date
20 n which the Fire Rescue Assessment is due.
21 (8) Fire Rescue Assessments imposed against Government Property shall
22 e due on the same date as all other Fire Rescue Assessments and, if applicable,
23 hall be subject to the same discounts for early payment.
28
1 ARTICLE IV
2 GENERAL PROVISIONS
3 SECTION 4.01. APPLICABILITY. This Ordinance and the City
4 Commission's authority to impose assessments pursuant hereto shall be applicable
5 throughout the City.
6 SECTION 4.02. ALTERNATIVE METHOD.
7 (A) This Ordinance shall be deemed to provide an additional and alternative
8 method for the doing of the things authorized hereby and shall be regarded as
9 supplemental and additional to powers conferred by other laws, and shall not be
10 regarded as in derogation of any powers now existing or which may hereafter come
11 into existence. This Ordinance, being necessary for the welfare of the inhabitants of
12 the City, shall be liberally construed to effect the purposes hereof.
13 (B) Nothing herein shall preclude the City Commission from directing and
14 authorizing, by resolution, the combination with each other of (1) any supplemental or
15 additional notice deemed proper, necessary, or convenient by the City, (2) any notice
16 required by this Ordinance, or (3) any notice required by law, including the Uniform
17 ssessment Collection Act.
18 SECTION 4.03. SEVERABILITY. The provisions of this Ordinance are
19 everable; and if any section, subsection, sentence, clause or provision is held invalid
20 y any court of competent jurisdiction, the remaining provisions of this Ordinance shall
21 ot be affected thereby,
22 SECTION 4.04. EFFECTIVE DATE. This Ordinance shall take effect
23 mmediately upon its passage and adoption on the second and final reading.
30