Agenda 12-02-08
The City of
Boynton B h
-=<)eac (:
If
100 E. Boynton Beach Boulevard. (561) 742-6000
City Commission
AGENDA
DECEMBER 2, 2008
Jerry Taylor
Mayor - At Large
Jose Rodriguez
Vice Mayor - District III
Ron Weiland
Commissioner - District I I
Woodrow Hay
Commissioner - District II
Marlene Ross
Commissioner - District IV
Kurt Bressner
City Manager
James Cherof DISTRI T I
City Attorney
Janet M. Prainito
City Clerk
www.boynton-beach.org
We're Reinventing City Living for
the Millennium
WELCOME
Thank you for attending the City Commission Meeting
GENERAL RULES & PROCEDURES FOR PUBUC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which determines the order of
business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or
item of business, which is not listed upon the official agenda, unless a majority of the Commission has first
consented to the presentation for consideration and action.
. Consent Agenda Items: These are items which the Commission does not need to discuss individually
and which are voted on as a group.
. Regular Agenda Items: These are items which the Commission will discuss individually in the order
listed on the agenda.
. Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either
a regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAKING AT COMMISSION MEETINGS:
The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public
Audience, and on any regular agenda item, as hereinafter described.
City Commission meetings are business meetings and, as such, the Commission retains the right to impose
time limits on the discussion on an issue.
. Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public
Hearings. "
. Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of
the Commission - Time Limit - Three (3) Minutes
. Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after
a motion has been made and properly seconded, with the exception of Consent Agenda Items that have
not been pulled for separate vote, reports, presentations and first reading of Ordinances - Time Limit -
Three (3) minutes
.
ADDRESSING THE COMMISSION:
When addressing the Commission, please step up to either podium and state, for the record, your name and
address.
DECORUM:
Any person who disputes the meeting while addressing the Commission may be ordered by the presiding
officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or
step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the
presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority
vote of the Commission members present.
Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission
Meeting is in session.
City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach
Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every
month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to
Holidays/Election Day).
s:\CC\WP\CCAGENDA\Cover Template\WElCOME SHEET - REVISED 04-04-07.doc
City of Boynton Beach
REGULAR CITY COMMISSION MEETING
AGENDA
December 2, 2008 6:30 P.M.
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Father Martin Zlatic - St. Joseph's Episcopal Church (Student)
C. Pledge of Allegiance to the Flag led by Mayor Taylor
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
II. OTHER:
A. Informational Items by Members of the City Commission
III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. Announcements:
1. Bookers Adult Reading Club - The Boynton Beach City Library will
host its second Adult Reading Club starting Monday, December 1, 2008.
No meetings to attend! Register at the Boynton Beach Library
Information Desk and receive a reading log and free 2009 calendar diary.
Read or listen to ten books from December 15, 2008 to April 4, 2009 and
complete the log to receive a free Boynton Beach City Library tote bag.
B. Community and Special Events:
1. Holiday Extravaganza - Saturday, December 6, 2008 beginning at 5
p.m. with a parade on Federal Highway, 6:45 p.m. a tree lighting
ceremony at the Schoolhouse Children's Museum and then a FREE
concert featuring Jon Secada, at 7 p.m. on Ocean Avenue. Parking
available at Bank of America with free trolley service to the concert site
from 6:30 p.m. to 10:30 p.m.
2. Holiday Boat Parade -- Friday, December 12, 2008 beginning at 6:30
p.m. at the Boynton Beach Inlet south to the C-15 canal south of Delray
Beach. Food and beverage vendors will be available. Attendees are
encouraged to bring a new unwrapped toy for Toys for Tots.
1
Agenda
Regular City Commission
Boynton Beach, FL December 2, 2008
C. Presentations:
1. Proclamations
None
2. Presentation by the Recreation and Parks Department regarding the
presentation of the Sand Sifters Volunteer of the Year award to Robyn
Halasz.
IV. PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at
the discretion of the Chair, this 3 minute allowance may need to be adjusted
depending on the level of business coming before the City Commission>
V. ADMINISTRATIVE:
A. Appointments
Appointment Length of Term
To Be Made Board Expiration Date
IV Ross Arts Commission Reg 3 yr term to 12/11
Mayor Taylor Arts Commission Reg 3 yr term to 12/11
I Weiland Arts Commission Reg 3 yr term to 12/11
II Hay Arts Commission Reg 3 yr term to 12/11
III Rodriguez Arts Commission Alt 1 yr term to 12/09
IV Ross Arts Commission Alt 1 yr term to 12/09
IV Ross Bldg. Bd of Adj & Appeals Reg 3 yr term to 12/10
Mayor Taylor Bldg. Bd of Adj & Appeals Reg 3 yr term to 12/11
I Weiland Bldg. Bd of Adj & Appeals Reg 3 yr term to 12/11
III Rodriguez Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/08 Tabled (3)
II Hay Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/09
I Weiland Cemetery Board Reg 3 yr term to 12/11
II Hay Cemetery Board Reg 3 yr term to 12/11
Mayor Taylor Cemetery Board Alt 1 yr term to 12/09 Tabled (2)
II Hay Code Compliance Board Reg 3 yr term to 12/11
III Rodriguez Code Compliance Board Reg 3 yr term to 12/11
I Weiland Code Compliance Board Alt 1 yr term to 12/09 Tabled (2)
Mayor Taylor Code Compliance Board Alt 1 yr term to 12/09 Tabled (3)
III Rodriguez Community Relations Board Reg 3 yr term to 12/11
IV Ross Community Relations Board Reg 3 yr term to 12/11
Mayor Taylor Community Relations Board Reg 3 yr term to 12/11
II Hay Community Relations Board Alt 1 yr term to 12/09 Tabled (3)
I Weiland Community Relations Board Alt 1 yr term to 12/09
2
Agenda
Regular City Commission
Boynton Beach, FL December 2, 2008
II Hay Education & Youth Advisory Board Reg 2 yr term to 12/10
III Rodriguez Education & Youth Advisory Board Reg 2 yr term to 12/10
IV Ross Education & Youth Advisory Board Reg 2 yr term to 12/10
I Weiland Education & Youth Advisory Board Alt 1 yr term to 12/09 Tabled (2)
Mayor Taylor Education & Youth Advisory Board Alt 1 yr term to 12/09
I Weiland Education & Youth Advisory Board Stu 1 yr term to 12/09
II Hay Education & Youth Advisory Board Stu 1 yr term to 12/09
III Rodriguez Education & Youth Advisory Board Stu N/V 1 yr term to 12/09
IV Ross Golf Advisory Committee Reg 5 yr term to 6/13
IV Ross Library Board Reg 3 yr term to 12/09
I Weiland Library Board Reg 3 yr term to 12/10
II Hay Library Board Reg 3 yr term to 12/11
III Rodriguez Library Board Reg 3 yr term to 12/11
Mayor Taylor Library Board Alt 1 yr term to 12/09
IV Ross Library Board Alt 1 yr term to 12/09
III Rodriguez Planning & Development Board Reg 2 yr. term to 12/10
IV Ross Planning & Development Board Reg 2 yr. term to 12/10
Mayor Taylor Planning & Development Board Reg 2 yr term to 12/10
I Weiland Planning & Development Board Alt 1 yr term to 12/09
II Hay Planning & Development Board Alt 1 yr term to 12/09
IV Ross Recreation & Parks Board Reg 3 yr term to 12/09 Tabled (2)
II Hay Recreation & Parks Board Reg 3 yr term to 12/11
III Rodriguez Recreation & Parks Board Reg 3 yr term to 12/11
IV Ross Recreation & Parks Board Reg 3 yr term to 12/11
Mayor Taylor Recreation & Parks Board Alt 1 yr term to 12/09
II Weiland Recreation & Parks Board Alt 1 yr term to 12/09
Mayor Taylor Senior Advisory Bd Reg 2 yr term to 12/10
I Weiland Senior Advisory Bd Reg 2 yr term to 12/10
II Hay Senior Advisory Bd Reg 2 yr term to 12/10
III Rodriguez Senior Advisory Bd Reg 2 yr term to 12/10
IV Ross Senior Advisory Bd Reg 2 yr term to 12/10
Mayor Taylor Senior Advisory Bd Alt 1 yr term to 12/09
I Weiland Senior Advisory Bd Alt 1 yr term to 12/09
Mayor Taylor Veterans Advisory Commission Reg 3 yr term to 12/11
II Hay Veterans Advisory Commission Reg 3 yr term to 12/11
I Weiland Veterans Advisory Commission Alt 1 yr term to 12/09
III Rodriguez Veterans Advisory Commission Alt 1 yr term to 12/09
IV Ross Veterans Advisory Commission Alt 1 yr term to 12/09
Mayor Taylor Veterans Advisory Commission Alt 1 yr term to 12/09
Mayor Taylor Firefighters' Pension Trust Fund Reg 2 yr term to 12/10
I Weiland Firefighters' Pension Trust Fund Reg 2 yr term to 12/10
Mayor Taylor Police Officers' Retirement Trust Fund Reg 2 yr term to 12/10
I Weiland Police Officers' Retirement Trust Fund Reg 2 yr term to 12/10
3
Agenda
Regular City Commission
Boynton Beach, FL December 2, 2008
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 - November 18, 2008
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2008-2009 Adopted Budget.
1. Multi-award for Bid #004-2821-09/JA, "TWO-YEAR BID FOR PURCHASE
OF MAGNETIC FLOW METERS", to Classic Controls, Inc. and Endress +
Hauser, Inc. to purchase new magnetic flow meters or the City's 24
existing potable water wells and two (2) water treatment plants. The
annual estimated expenditure is $100,000.
C. Resolutions
1. Proposed Resolution No. R08-140 RE: Approving and
authorizing execution of an agreement with Bethesda Healthcare System
(Bethesda) in Boynton Beach to provide physician services including new
hire and annual physicals, evaluations, lab testing, substance abuse
screening and other physician related services for an estimated
expenditure of $65,700 annually. The estimated cost savings is $52,000
annually.
2. Proposed Resolution No. R08-141 RE: Approving and
authorizing execution of Task Order U04-08-1O to Globaltech, Inc. in the
amount of $99,580 to provide professional engineering services to
prepare a preliminary design report to increase the capacity of the East
Water Treatment Plant to approximately 21.5 to 24 mgd. The cost for
this design study is $99,580.
VII. CODE COMPLIANCE & LEGAL SETTLEMENTS:
None
4
Agenda
Regular City Commission
Boynton Beach, FL December 2, 2008
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.
None
IX. CITY MANAGER'S REPORT:
A. Review and accept staff recommendation based on the new Solid Waste
collection procedures as adopted on June 3, 2008.
B. Review and prOVide direction on the status of public and/or private use of the
street right-of-way on NE 12th Avenue that extends into a finger canal of the
Intracoastal Waterway presently being used for private boat dockage - (Tabled
on September 18, 2008 to December 2, 2008)
C. Consider options on disposal of the 1927 Old High School
D. Receive and discuss a preliminary analysis of the City's General Fund and the
Utility Fund budget to actual results for the fiscal year ended September 30,
2008.
X. FUTURE AGENDA ITEMS:
A. Provide City Staff with policy guidance regarding the degree and breadth of
"green" elements to be designed into the new Police Facility located at the
intersection of High Ridge Road and Gateway Boulevard - December 16, 2008
B. 2008 Recreation and Parks Strategic Plan Update - January, 2009
C. Report on cost sharing options for take-home vehicles - January 2009 (In
conjunction with continued budget discussions)
D. Sustainability Team Quarterly Report - Jan. 20, 2009
E. YVPP Report - Feb. 17, 2009
F. Approve donations to the Juvenile Transition Center in the amount of $6,500
from the Police Department's Law Enforcement Trust Fund (Tabled on August
5, 2008)
G. Options for Hurricane Protection Project for 1913 Schoolhouse Children's Museum
( Deferred pending future grant opportunities)
5
Agenda
Regular City Commission
Boynton Beach, FL December 2, 2008
XI. NEW BUSINESS:
A. Reconsideration of the policy direction to staff for the future tow contract model -
requested by Vice Mayor Rodriguez
B. Reconsideration of the recommendation of the Recreation and Parks Advisory
Board relating to the development of Meadows I/Nautica Park site as a
neighborhood park and consider the development of the Quantum Park site as an
"eco" nature community park - requested by Vice Mayor Rodriguez
C. Review of City Code provisions for term and selection of Vice Mayor - requested
by Commissioner Ross
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBLIC HEARING
None
B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING
1. None
C. Ordinances - 1st Reading
1. Proposed Ordinance No. 08-033 RE: Approving
amendments to existing Chapter 20, Part III of the Land Development
Regulations, in connection with, in part, the Community Rating System
program (CRS), recent updates to the Florida Building Code, and the
proposed changes to and relocation of the minimum property
maintenance requirements for the City.
2. Proposed Ordinance No. 08-034 RE: Approving the
creation of Chapter 14.5 of the Code of Ordinances to be called "THE
BOYNTON BEACH DANGEROUS INTERSECTION SAFETY ACf"; and new
sections 14.5-1 through 14.5-15 providing for intent and definitions;
establishing an enforcement program within the City; authorizing the City
to permit and implement the use of unmanned cameras/monitoring
devices for red light infractions; providing enforcement procedures,
including notice, appeal hearings, penalties, imposition of administrative
charges and collection.
D. Resolutions:
None
6
Agenda
Regular City Commission
Boynton Beach, FL December 2, 2008
E. Other:
None
XIII. UNFINISHED BUSINESS:
None
XIV. ADJOURNMENT:
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
(F.S. 286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY 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 PAM WELSH, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO
REASONABLY ACCOMMODATE YOUR REQUEST.
Agenda 11/24/08 3:57 p.m.
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7
III.-ANNOUNCEMENTS 8r. PRESENTATIONS
Item A.l.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\'.L
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetint! Dates in to City Clerk's Office Meetint! Dates in to City Clerk' 5 Office
c=J August 19,2008 August 4, 2008 (Noon) o October 21, 2008 October 6, 2008 (Noon)
c=J September 2, 2008 August 18, 2008 (Noon) o November 5, 2008 October 20, 2008 (Noon)
c=J September 18, 2008 September 2, 2008 (Noon) November J 8, 2008 November 3, 2008 (Noon)
c=J October 7, 2008 September 15,2008 (Noon) 181 December 2, 2008 November J 7,2008 (Noon)
X Announcements/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
RECOMMENDATION: Announcement ofthe Holiday Extravaganza.
EXPLANATION: On Saturday, December 6, 2008 Boynton Beach presents "Holiday
.Extravaganza" .
The Parade runs from 5:00pm to 6:30pm, North in the Southbound lane of Federal Hwy., from SE
12th Avenue to Ocean Avenue.
The Tree Lighting will take place at 6:45pm at the Schoolhouse Children's Museum at 129 East
Ocean Avenue (just east of Seacrest).
The FREE Concert featuring JON SECADA starts at 7:00pm untill0:00pm on East Ocean
Avenue between Seacrest and NE 1st. Street. Food and beverage vendors will be available. Free
trolley service from the Bank of America on the NE corner of Federal Hwy. & Ocean Ave. to the
concert site will be available from 6:30pm untill0:30pm.
. Saturday, December 6, 2008 - Holiday Parade, 5:00pm to 6:30pm.
. Saturday, December 6,2008 - Holiday Tree Lighting, 6:45pm.
. Saturday, December 6, 2008 - FREE Concert featuring JON SECADA, 7:00pm to
10:00pm.
PROGRAM IMP ACT: ~aw'
.FISCAL IMPACT:
Assistant to City Manager C~
C,KA
Department Name City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
III.-ANNOUNCEMENTS &. PRESENTATIONS
Item A.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
o August ]9,2008 August 4, 2008 (Noon) o October 21, 2008 October 6, 2008 (Noon)
o September 2, 2008 August 18, 2008 (Noon) o November 5,2008 October 20, 2008 (Noon)
o September 18, 2008 September 2, 2008 (Noon) November 18,2008 November 3, 2008 (Noon)
o October 7, 2008 September 15,2008 (Noon) ~ December 2, 2008 November 17,2008 (Noon)
X Announcements/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 Unfmished Business
0 Public Hearing 0
RECOMMENDATION: Announcement of the Holiday Boat Parade.
EXPLANA TION: On Friday, December 12,2008 Boynton Beach presents the "Holiday Boat
Parade".
The Parade begins at 6:30 pm at the Boynton Beach inlet and proceeds South in the Intracoastal
Waterway to the C-15 canal South of DeIray Beach.
The Boat Parade may be viewed all along the route and in addition a public viewing area will be
available at the Boynton Harbor Marina.
Food and beverage vendors will be available.
Attendees are encouraged to bring a new unwrapped toy for Toys for Tots.
. Friday, December 12, 2008 - Holiday Boat Parade
PROGRAM IMPACT: . ~
.FISCAL IMPACT: fJ'
City Manager's Signahrre
Assistant to City Manager ~
Cf2-A
-
Department Name City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA rTEM REQUEST FORM.DOC
lII.-ANNOUNCEMENTS &. PRESENTATIONS
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
o August 19,2008 August 4, 2008 (Noon) 0 October 21,2008 October 6, 2008 (Noon)
o September 2, 2008 August 18,2008 (Noon) 0 November 5, 2008 October 20, 2008 (Noon)
C;)
o September 16,2008 September 2,2008 (Noon) 0 November 18,2008 November 3, 2008 (Noo~ o::'.;f
:::;~
o October 7, 2008 September IS, 2008 (Noon) (gI December 2, 2008 November 17, 2008 (N@ ~.~
I r-m
""'0
en ~-<
(gI Announcements/Presentations 0 City Manager's Report -0 ~~
:z c
NA TVRE OF 0 Administrative 0 New Business c...> ~%
AGENDA ITEM 0 Consent Agenda 0 Legal ,.:; ;II
o Code Compliance & Legal Settlements 0 Unfinished Business .r::-,.
o Public Hearing 0
RECOMMENDATION: To hear a presentation by the Recreation and Parks Department regarding the presentation of the
Sand Sifters Volunteer of the Year award to Robyn Halasz.
EXPLANATION: The Sand Sifters is a volunteer group that conducts monthly trash cleanups at Oceanfront Park. They
contribute approximately 5,000 hours oftime to the City on an annual basis. Robyn is one of the founding members and is
responsible for development ofthe group's logos and web page. She has spent countless hours volunteering for the Sand
Sifters and for the City. She is the first recipient ofthe Sand Sifters Volunteer of the Year Award.
PROGRAM IMPACT: Not applicable
FISCAL IMPACT: Not applicable
AL TERNA TIVES: Not applicable
~/-/-J
I '1
__,---- . M.-~' ltL-<<.,
~- D'Partm'nt H,a<!', SignaMe ~ City Manag"<' SignaM'
Assistant to City Manager ~
Recreation and Parks
Department Name City Attorney / Finance
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
v. ADMINISTRATIVE
ITEM A.
APPLICANT ELIGIBLE FOR APPOINTMENT 12/02/08
~ 1 st Choice 20d Choice 3ra Choice
I Name First Name Current Board Type
Allard Jay Rec & Parks Reg Rec & Parks
Anton Steve NEW Arts Com
Arflin Cheryl Arts Com Reg Arts Com Planning & Dev.
Bd.
Athol Toby Police Pension Reg Police
Bd Pension Bd
Barie David Rec & Parks Reg Rec & Parks
Barritt Amber Planning & Dev. Alt Planning & Rec & Parks Code Comp
Bd. Dev. Bd.
Begleither Bernice Senior Adv Reg Senior Adv
Bessell Michael Bldg Bd. of Adj. Reg Bldg Bd. of Code Comp Planning &
& Apls. Adj. & Apls. Dev. Bd.
Bruzzese Lillian Senior Adv Bd Reg Senior Adv
Bd
Chamberlain Denise Senior Adv Bd Reg Senior Adv
Bd
Chiste Robert Edu & Youth Stu Edu & Youth
Adv. Bd. Adv. Bd.
Cook Dana Arts Com Reg Arts Com
Costantino Michele Code Comp Reg
-
r nport Donn NEW Arts Com
-
Fun! Paulette NEW Edu & Youth Community ReI
Adv Bd Bd
Gavlick Stanley Veterans Adv. Reg Veterans Adv.
Com Com
Hatch Dale Cemetery Bd Reg Cemetery Bd
Helo Martin Library Bd Reg Library Bd
Immer Judy Community ReI Reg Community
Bd ReI Bd
Jaskiewicz Shirley Planning & Dev Reg Planning &
Bd Dev Bd
Lapin Robert Rec & Parks Bd Reg Rec & Parks
Bd
Lawrence Diane NEW Library Bd
Lentz Barbara Arts Com Reg Arts Com
Llopis Jason Police Pension Reg Police
Bd Pension Bd
Lis Jeff Planning & Reg Planning &
Development Dev Bd
Lundquist Carol Ed & Youth Adv Reg Edu & Youth
Bd Adv Bd
-
~ )y Lloyd Senior Adv Alt Community Senior Adv Edu & Youth
ReI Bd Adv. Bd.
1
APPLICANT ELIGIBLE FOR APPOINTMENT 12/02/08
Last Name i First Name Current Board -I T)'p~- TJS'-choi~;---r 2nd Ch-oic-;---H-----f3"OCh~i~;-
McGee Barbara I Library Bd~ ~i~ ~ t:~:~~ ~~ ~::-i- _-__==-~_
Mc Govern lohn
I McKinzie I ---------+------ ----------- ------- ---- -
Lester Veterans Adv Bd ! Reg I Veteran's
I I I Adv Bd
I Brian I Community ReI I I C . -~-_..~-------_.,------ -~ "----.-----
Miller I Reg . ommumty
Bd Rel Bd I
._-,-_.,.-.,-~~.
Miller Hattie Education & ! Rea Edu & Youth I
t::
Youth Adv. Bd. I Adv. Bd.
I
I Reg I .-- -.--',-----_.-
Norem - Karilyn Cemetery Bd Cemetery Bd
I
Hohner I ~
I
I Reg ~-- . _._----~._-.,
0' Connell Virginia Senior Adv Bd I Senior Adv
I
I i Bd i I
t--- ---..-. --.- ..--
Pierce-Roe Elizabeth Rec & Parks Bd Reg I Rec & Parks : Golf Course Adv
I
! Bd I
I I
! Edu & Youth I --.----.-.--.-
Pierre Lisa Edu & Youth i Stu I Code Camp
Adv. Bd. I : Adv. Bd. I ;
I Poznak William Planning & Alt I Planning & I Bldg Bd. of Adj. ! Rec & Parks
Development Bd Dev Bd & Apls i Bd
Preston Stuart Veterans Adv. Reg Veteran's Golf Course Adv ! Rec & Parks
Com I Adv. Com ) Bd
I I i
I
i Arts Com Bd ! Library Bd ! ~._-"-_._- -. -~-
Richman Nubia Arts Com Reg
+------------ [----- _.--
i Saberson Roger Planning & Dev. Reg Planning & :
Bd. I iDe\'. Bd.
I I
I Reg I -. ...--- -....-------.--.-.... - ---.- --~.
Schone Larry Firefighter's · Firefighter's
Pension T F i i Pension TF i
i Arts Com I -.- -----_.---
I Slocombe Anderson Arts Com Reg !
! Smith i i --" -------..-.
Richard NEW I Veteran' s
i : Adv I
i Reg --------- --
Sorgman Stanley Community ReI : Community
I Bd i ReI Bd
I --t----------- -r---- --- ---------
Spinelli Betty Senior Adv Bd I Reg I Senior Adv
i i : Bd I
-i---- .---.--- - -.--.-
I Suss Herb Golf Course Reg I Golf Course i -------t--- - n_______
Taylor J eanni e Dee Library Bd Reg Library Bd
-----, ---'~-""--'-
I Taylor Robert Firefighter's Reg I Firefighter' s i
I Pension T F I Pension T F I
I ....-----.--
. Tengbergen Sherie Arts Com Alt I Arts Com i
i Yerzy ! ---.- -. ,-
Richard Code Camp Reg Code Camp
..~.-
Zonenstien Flovd I NEW ! Community
- I
I ~cl Bd ~ __~__________________ - -------..-..-
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-,
-
VI.-CONSENT AGENDA
ITEM B.l.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to Citv Clerk's Office
o August 19,2008 August 4, 2008 (Noon) o October 21,2008 October 6, 2008 (Noon)
o September 2, 2008 August 18,2008 (Noon) o November 5, 2008 October 20, 2008 (Noon)
o September 18, 2008 September 2, 2008 (Noon) o November 18,2008 November 3, 2008 (Noon)
o October 7, 2008 September 15, 2008 (Noon) L8J December 2, 2008 November 10, 2008 (Noon)
n
0 -~
~1i~
ex) =i-<
0 Announcements/Presentations 0 City Manager's Report :z: -<0
0
NATURE OF 0 Administrative 0 New Business <: ("")'"1'1
:-00
- fl'lO
AGENDA ITEM L8J Consent Agenda 0 Legal 0 :::llil-<
:S::z
0 Code Compliance & Legal Settlements 0 Unfinished Business ;):10 vi"""
:r:; 00
0 Public Hearing 0 - ,,:z:
-
.. ~
N ~
RECOMMENDATION: eM
::t
Motion to approve a multi-award for Bid #004-2821-09/JA, "TWO-YEAR BID FOR PURCHASE
OF MAGNETIC FLOW METERS", to Classic Controls, Inc. and Endress + Hauser, Inc. to
purchase new magnetic flow meters for the City's 24 existing potable water wells and two (2)
water treatment plants. The annual estimated expenditure is $100,000.
EXPLANATION:
The City maintains two (2) well fields to provide raw water to the East and West Water Treatment
Plants for treatment and distribution of potable water. The South Florida Water Management
District issues a Consumptive Use Permit (CUP) to the City; one of the permit requirements is the
preparation of a monthly report to record quantities of raw water withdrawn from the Floridan
Aquifer. Magnetic flow meters are used to record the raw water flow at well sites and treatment
plants for reporting purposes. The age of the existing flow meters is resulting in reports that are
not accurate.
This bid was conducted to secure a source and price for the purchase of a two (2) year period of
new magnetic flow meters of various sizes suitable for water at ambient temperatures and capable
of continuous operation. Four (4) bids were received and opened by Procurement Services on
October 22, 2008. Copies of the bid proposals were submitted to the Utilities Department for
specification review and performance evaluation. The bid is for an initial two (2) year period with
the availability of two (2) additional one (1) year periods, subject to vendor acceptance and
satisfactory performance.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Of the four (4) bid proposals received~ two (2) of the bid proposals do not meet the specifications
provided in the bid documents. A spreadsheet, Exhibit "A" is attached to demonstrate
specification similarities and differences for the proposed meters.
Two (2) of the bid proposals for magnetic flow meters meet specifications; Utilities Staff evaluated
all aspects of the proposals and determined that the bid proposals from the following bidders are
acceptable for their intended use.
a) Classic Controls~ Inc. proposed a meter manufactured by Y okogawa; while this meter
does have some deviations from the specifications, they can be used at the wells and
they are the most cost efficient.
b) Endress+Hauser proposed their brand which is by far the closest to the specifications;
however, the meter is somewhat pricier. Because of their high level of accuracy.
reliability~ and specific materials of construction this proposed meter will be best suited
for the plants.
PROGRAM IMPACT:
Accurate data collection is one of the requirements for our CUP; unfortunately the aging meters
at the wells and both plants do not provide the level of accuracy needed for reporting purposes.
To avoid compromising our CUP~ the award of this bid will allow Utilities to purchase new flow
meters and replace existing flow meters that are defective.
Cost savings will be realized by purchasing flow meters from Classic Controls~ Inc. better suited
for installation at wells; and purchasing flow meters from Endress + Hauser~ Inc. better suited for
installation at the plants. Bid prices are quoted as furnish only and will be installed by Utilities
personnel.
The Utilities Department recommends a multi-award for the purchase flow meters to replace
existing equipment. Classic Controls~ Inc. of Lakeland~ Florida and Endress + Hauser~ Inc. of
Greenwood~ IN are the two (2) most responsive~ responsible bidders who meet all specifications
and whose bids are in the best interest of the City.
FISCAL IMPACT:
Funds are available in Utilities Account #406-5000-590-65-02 WTR075. The annual estimated
expenditure is $100~OOO; the magnetic flow meters will be ordered on an 'as needed basis' as
directed by the City.
S-\BULLETIN\FORMSAGENDA ITEM REQUEST FORM DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
ALTERNATIVES:
The quantities of raw water are monitored by the SFWMD and effect the amount of potable water
produced and available for distribution. The City's CUP may come into question because of
inaccurate data. Continuing to report inaccurate raw water quantities by not replacing existing
flow meters could decrease production of potable water due to noncompliance with the CUP.
W~ If K~ /,{;t:r ~ -
Kofi Boateng, City Manager's Signature.
Director of Utilities \ /1_ _./ _
Assistant to City Manager 0Ywt-/
Utilities Dee_rtment LlJ7:It
Department Name City Attotney / Finance
Attachments
xc: Michael Low, Deputy Director, Utilities
James Sylvain, Utilities Engineer
Bevis Pigitt, Water Treatment & Quality Manager
Barb Conboy, Manager, Utilities Administration/Finance
Procurement Services
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
t ity lIt Boynton Beach
Utilities Dep311ment
Interoffice Correspondence
TO: Carol Doppler, CPPB DATE: November 7. 2008
Purchasing Agent
FROM: Michael Low \J)Q:. L....., PHONE: 6403
Deputy Director, Utilities ,l\--:r\.~
PROJECT: Two- Year Bid for Purchase of Magnetic Flow Meters
Bid #004-2821-09/J A
SUBJECT: Agenda Item Request T\'
GUt:
'~.t!~"~
Kofi Boateng, Utilities Director ._-~".~.'" '.
bee:
James Sylvain, Utilities Engineer
Bevis Pigitt, Water Treatment & Quality Manager
Barb Conboy, Manager Utilities Administration/Finance
An Agenda Item Request form and Exhibit 'A' is attached for your review and approval. Utilities' Staff
has carefully examined the bids received for the purchase of magnetic flow meters and agree that a
multi-award is the most cost effective method of procurement. Procurement" s bid tabulation has been
signed and is part of this package.
If you have any questions, do not hesitate to call.
Request for Bid - Two-Year Bid for Purchase of Magnetic Flow Meters Exhibit 'A'
Bid #OO4-2821-09/JA
SIMILARITIES AND DIFFERENCES BETWEEN SPECIFICATIONS AND PROPOSED METERS
Specifications Classic Controls, Inc. Endress & hauser, Inc. Alpha Valve & Controls The Avanti Company
Pulse accuracy: :1:0.2% of rate I :1:0.02% of full scale I (33fUsec) .35% I .1 % I yes yes
Amplifier impedance ~1012 ohms yes but does give value yes
Automatic fine tuning current sensor tolerance :1:1 OOmA do not have yes
Three stages (common-mode rejection, auto-zero & auto-gain) functions do not have yes
Automatic internal temperature drift compensation do not have yes
Power consumption s15VA 12W yes 20VA
Non-Volatile Memory (accumulated measurement and setup parameters) yes yes
Internal transient protection yes yes
Remote-mounted distance 650 feet AXF14A (330 ft) yes 330 ft
Transmitter housing: cast aluminum NEMA 4X Aluminum alloy NEMA 4X yes
Supply Voltage 85-269 VAC yes yes yes
Optical touch control programming capablity through enclosure window via infrared switches yes key pad
4 lines by 16 character lCD display 3-line DOT Matrix lCD yes 3 lines, 16 character displ.
12 standard languages 6 yes 2
Remote program capability through HART or Profibus (Conversion) HART yes no HART or Profibus Only HART for +$420.00
Output Selections: 4-20mA into 700 ohms load, scaled 24VDC pulse or yes yes
collector frequency operating at up to 10kHz with yes yes
adjustable pulse width of 0.05 to 0.2 seconds. 50% or fixed 0.05,0.1,... yes
Analog output adjustable time response from 0.05 to 100 seconds .01-200 yes
Current input selectable as either passive or active do not have yes
2 programmable relay outputs transistors yes
minimum conductivity of 5IJS/cm 1IJS/cm yes 5IJS/cm
Sensor tube: non-conductive polyurethane liner w/316 SS electrodes, yes I yes yes
type 304 SS construction w/carbon steel flanges, power- carbon steel I yes yes
coated exterior with Alumina Zinc I (C1.150, A105, ANSI 816.5) no I yes yes
Meter body: Available for submersion NEMA 6P (IP 68) yes yes
Grounding:Type electrodes (probes, rings straps not acceptable) SS not SS yes ring type ring type
Support use of external calibration tool yes yes
Approval: FM Class I, Div. 2 Croups A-D yes yes does not carry FM class. does not carry FM class.
Capable of using FDT/DTM interface for collection asset management data yes yes does not support
**Multi-award, Classic Control, Inc. & Endress + Hauser ~,~\~ ~ \.,~~~-----
Most responsive, responsible bidders who meet specifications Michael. Low, Deputy Utilitl~s Direr rr
and whose bids are in the best interest of the City.
TWO-YEAR BID FOR THE PURCHASE OF MAGNETIC FLOW METERS
BID DUE DATE: OCTOBER 21,2008
BID DUE TIME: 5:00 P.M. OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY
BID# 004-2821-09/JA AS OF THE ABOVE RECEIVING DATE AND TIME. All OTHER OFFERS SUBMITIED IN RESPONSE
TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE."
Vendors: Alpha Valve & Controls The Avanti Company "Classic Controls, Inc.
P.O. Box 271444 22 South Lake Ave. P.O. Box 6187
Tampa, Fl 33688 Avon Park, Fl 33825 lakeland, FL 33807
Alln: Nathan Chui Alln: Tim Devlin Attn: Jeff Blackwelder
Telephone#: 813-265-4300 Telephone#: 863-453-5336 Telephone#: 863-644.3642
F aX#: 813-968-5333 FaX#: 863-453-0085 Fax#: 863-648-0484
METER (LAY)
ITEM# LENGTH UNIT COST
1 1E $2,310.00 $2,015.00 $2,198.25
2 2E $2,310.00 $2,015.00 $2,198.25
3 6E $2,791.00 $2,409.00 $2,295.00
4 7E $2,791.00 $2,409.00 $2,295.00
5 8E $2,791.00 $2,409.00 $2,295.00
6 9E $2,791.00 $2,409.00 . -- -----,---", $2,295.00 --
-~----
7 10E $2,791.00 $2,409.00 $2,295.00
8 11E $2,791.00 $2,409.00 _.. $2,295.00
------
9 12E $2,791.00 $2,409.00 $2,295.00
10 13E $2,791.00 $2,409.00 .- $2,295.00 ------
---~-- -------
11 14E $2,791.00 $2,409.00 $2,295.00 -
..-
12 15E $2,791.00 .. - ,- _.~ - $2,409.00 $2,295.00
.---_.------ ------'---'- ---_.._---..".__.~.._------ - --~..._...-
13 16E $2,791.00 $2,409.00 ~-~>...." .- .., ~..,,"..,..~" $2,295.00
---~-~- ---.----.'- --..-..-.-... ,._--,- _"___'c'_."' ~--,....
14 17E $2,791.00 ~-,-_. _..._~. -~_.__. --- $2,409.00 -~----- $2,295.00
--- -.---- -----~ ------.--..---.----.-.-.'-----... __ ~ ,~.... ~ T"~. _,__._ -- ,-,-'
Sheet 1 TWO YEAR BID FOR THE PURCHASE OF MAGNETIC FLOW METERS 09
TWO-YEAR BID FOR THE PURCHASE OF MAGNETIC FLOW METERS
BID DUE DATE: OCTOBER 21,2008
BID DUE TIME: 5:00 P.M. OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY
BID# 004-2821-09/JA AS OF THE ABOVE RECEIVING DATE AND TIME. All OTHER OFFERS SUBMITTED IN RESPONSE
TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE."
Vendors: Alpha Valve & Controls The Avanti Company ..Classic Controls, Inc.
P.O. Box 271444 22 South lake Ave. P.O. Box 6187
Tampa, Fl 33688 Avon Park, Fl 33825 lakeland, Fl 33807
Alln: Nathan Chui Alln: Tim Devlin Attn: Jeff Blackwelder
T elephone#: 813-265-4300 Telephone#: 863-453-5336 Telephone#: 863-644-3642
F aX#: 813-968-5333 FaX#: 863-453-0085 Fax#: 863-648-0484
15 18E $2,791.00 $2,409.00 $2,295.00
16 19E $2,791.00 $2,409.00 $2,295.00
17 20E $2,791.00 $2,409.00 $2,295.00
18 21E $2,791.00 $2,409.00 $2,295.00
19 22E $2,791.00 $2,409.00 $2,295.00
20 7W $2,791.00 $2,409.00 $2,295.00
21 8W $2,791.00 $2,409.00 $2,295.00
22 9W $2,791.00 $2,409.00 $2,295.00
23 10W $2,791.00 $2,409.00 $2,295.00
24 11W $2,791.00 $2,409.00 $2,295.00
25 OTHER $2,072.00 $1,834.00 $1,568.25
26 OTHER $2,268.00 $1,877.00 $1,768.50
27 OTHER $3,478.00 $2,778.00 $3,316.50
28 OTHER $4,088.00 $2,953.00 $5,334.75
30 TECHNICAL SPECIFICATION 17156 SPARE PARTS $3,105.00 $900.00 0
31 TECHNICAL SPECIFICATION 17156 SPECIAL TOOLS $10,633.00 N/A $5,497.00
Sheet 1 TWO YEAR BID FOR THE PURCHASE OF MAGNETIC FLOW METERS 09
TWO-YEAR BID FOR THE PURCHASE OF MAGNETIC FLOW METERS
BID DUE DATE: OCTOBER 21,2008
BID DUE TIME: !5:00 P.M. OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY
BID# 004-2821-09/JA AS OF THE ABOVE RECEIVING DATE AND TIME. All OTHER OFFERS SUBMITTED IN RESPONSE
TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE."
Vendors: Alpha Valve & Controls The Avanti Company "Classic Controls, Inc.
P.O. Box 271444 22 South lake Ave. P.O. Box 6187
Tampa, Fl 33688 Avon Park, Fl 33825 Lakeland, Fl 33807
Alln: Nathan Chui Alln: Tim Devlin Attn: Jeff Blackwelder
Telephone#: 813-265-4300 Telephone#: 863-453-5336 Telephone#: 863-644-3642
FaX#: 813-968-5333 FaX#: 863-453-0085 Fax#: 863-648-0484
METER (LAY)
ITEM# WELL # PIPE SIZE LENGTH UNIT COST
.
- -- ------ ~-_.- -- t---
,~-,~~--_.__.. ~~. --
DISCOUNT OFF LIST PRICE 0% 0% 0%
SPECIFICATION CHECK OFF SHEETS SUBMITTED YES YES YES
- -. ----..~_-._.._._- ------.---. .-~- --.-.... _.
ACKNOWLEDGEMENT OF ADDENDUM #1 YES YES NO
.-.----.-.--,. .---------.-. ,........,..- --.............-.--....-.-.---...,- - "'--.. 1--,---... _..-..---------~---
ONE ORIGINAL AND FIVE COPIES SUBMITTED YES YES YES
1----- -- ._.__...~._._..."---,.' ,'. ----. . ....",,- ~. ,- _.._..._-_._-~_._._.- ~.- .. -----~---_.._._- 1--,--,,, ---.... ........-.-
ANTI-KICKBACK AFFIDAVIT SUBMITTED YES YES YES
----_... ." - -'-'~..~. .- -- - _.~_.__._~,_.._-----_._._---._...- .,.
COPY OF LICENSE TO DO BUSINESS IN FLORIDA YES NO NO
-_._--_.~---~ --.- ,.--. -- ---~._-- --~-~ --- --_..,.~~'. .-,..-'~~~'"~''' ----".=.....~ ~.~--, --~~~-- .~,~.~...,.~."_. -'- ~. -_..~~~-~ -~~ ~~.__._- -- --~~..~._-
Sheet 1 TWO YEAR BID FOR THE PURCHASE OF MAGNETIC FLOW METERS 09
TWO-YEAR BID FOR THE PURCHASE OF MAGNETIC FLOW METERS
BID DUE DATE: OCTOBER 21,2008
BID DUE TIME: 5:00 P.M. OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY
BID# 004-2821-09/JA AS OF THE ABOVE RECEIVING DATE AND TIME. All OTHER OFFERS SUBMITTED IN RESPONSE
TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE."
Vendors: Alpha Valve & Controls The Avanti Company "Classic Controls, Inc.
P.O. Box 271444 22 South lake Ave. P.O. Box 6187
Tampa, Fl 33688 Avon Park, Fl 33825 Lakeland, FL 33807
Attn: Nathan Chui Alln: Tim Devlin Attn: Jeff Blackwelder
T elephone#: 813-265-4300 Telephone#: 863-453-5336 Telephone#: 863-644-3642
FaX#: 813-968-5333 FaX#: 863-453-0085 FaX#: 863-648-0484
CONFIRMATION OF MINORITY YES/NOT A MINORITY YES/NOT A MINORITY YES/NOT A MINORITY
OWNED BUSINESS OWNED BUSINESS OWNED BUSINESS OWNED BUSINESS
CONFIRMATION OF DRUG FREE WORKPLACE YES YES YES
CALENDAR DAYS 4-6 WKS 40 60
COMMENTS
Sheet 1 TWO YEAR BID FOR THE PURCHASE OF MAGNETIC FLOW METERS 09
TWO-YEAR BID FOR THE PURCHASE OF MAGNETIC FLOW METERS
BID DUE DATE: OCTOBER 21, 2008
BID DUE TIME: 5:00 P.M. OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY
BID# 004-2821-09/JA AS OF THE ABOVE RECEIVING DATE AND TIME. All OTHER OFFERS SUBMITTED IN RESPONSE
TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE."
._._.~ ~--
Vendors: "Endress + Hauser Inc.
2350 Endress Place
Greenwood, IN 46143
Telephone#: 317-535-7138
Fax#: 317-535-8498
David L. Jackson
PIPE SIZE I METER (LAY)
ITEM# WELL # LENGTH UNIT COST
1 1E $2,537.26 .----
2 2E $2,537.26 ..
3 6E $2,745.22 "-
4 7E $2,745.22
5 8E $2,745.22 --
6 9E $2,745.22 '.-
7 10E $2,745.22 .._-_...~..._._--~-_..-..._..-
8 11E $2,745.22 ."-
9 12E $2,745.22 -.- --
10 13E ...-----.- _....._~_... $2,745.22 .. .---... ...-
11 14E $2,745.22 '~'._"-
12 15E $2,745.22 - ".-------.-.. - r-------............--...........---... . ......-......
..- -........ -...........---...- --,-----.
13 16E $2,745.22 ..- ~~--- _J
----.-- -"-'--'---'-'
14 17E ,.- .-.,,-..--.- "'---..---.- -~._- $2,745.22 -.- "----~_. -'--'.'-'_.,".,--~-~.""~--
Sheet 2 rwo- YEAR BID FOR THE PURCHASE OF MAGNETIC FLOW METERS
TWO-YEAR BID FOR THE PURCHASE OF MAGNETIC FLOW METERS
BID DUE DATE: OCTOBER 21,2008
BID DUE TIME: 5:00 P.M. OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY
BID# 004-2821-09/JA AS OF THE ABOVE RECEIVING DATE AND TIME. All OTHER OFFERS SUBMITTED IN RESPONSE
TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS U\TE."
Vendors: **Endress + Hauser Inc.
2350 Endress Place
Greenwood, IN 46143
Telephone#: 317-535-7138
FaX#: 317-535-8498
David l. Jackson
15 18E $2,745.22
16 19E $2,745.22
17 20E $2,745.22
18 21E $2,745.22
19 22E $2,745.22
20 7W $2,745.22
21 8W $2,745.22
22 9W $2,745.22
23 10W $2,745.22
24 11W $2,745.22
25 OTHER $2,191.56
26 OTHER $2,332.63
27 OTHER $3,461.82
28 OTHER $4,117.87
30 TECHNICAL SPECIFICATION 17156 SPARE PARTS See Parts List
31 TECHNICAL SPECIFICATION 17156 SPECIAL TOOLS N/A
Sheet 2 TWO-YEAR BID FOR THE PURCHASE OF MAGNETIC FLOW METERS
TWO-YEAR BID FOR THE PURCHASE OF MAGNETIC FLOW METERS
BID DUE DATE: OCTOBER 21,2008
BID DUE TIME: 5:00 P.M. OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY
BID# 004-2821-09/JA AS OF THE ABOVE RECEIVING DATE AND TIME. All OTHER OFFERS SUBMITIED IN RESPONSE
TO THIS SOLICITATION. IF ANY ARE HEREBY REJECTED AS LATE."
Vendors: **Endress + Hauser Inc.
2350 Endress Place
Greenwood, IN 46143
Telephone#: 317-535-7138
Fax#: 317-535-8498
David L. Jackson
METER (LAY)
ITEM# WELL # PIPE SIZE LENGTH UNIT COST
.
DISCOUNT OFF LIST PRICE 0%
SPECIFICATION CHECK OFF SHEETS SUBMITTED YES
'-';
ACKNOWLEDGEMENT OF ADDENDUM #1 YES
.'--_..- -'~._'-'"
ONE ORIGINAL AND FIVE COPIES SUBMITTED YES
._~,=. ~-
ANTI-KICKBACK AFFIDAVIT SUBMITTED YES -~.-- J
-- ..
COpy OF LICENSE TO DO BUSINESS IN FLORIDA NO I
I
.__.~_._._ _....J
Sheet 2 ! WO. YEAR BID FOR THE PURCHASE OF MAGNETIC FLOW METERS
TWO-YEAR BID FOR THE PURCHASE OF MAGNETIC FLOW METERS
BID DUE DATE: OCTOBER 21, 2008
BID DUE TIME: 5:00 P.M. OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY
BIO# 004-2821-09/JA AS OF THE ABOVE RECEIVING DATE AND TIME. All OTHER OFFERS SUBMITTED IN RESPONSE
TO THIS SOLICITATION. IF ANY ARE HEREBY REJECTED AS LATE."
Vendors: --Endress + Hauser Inc.
2350 Endress Place
Greenwood, IN 46143
Telephone#: 317-535-7138
Fax#: 317-535-8498
David L. Jackson
CONFIRMATION OF MINORITY YESfNOT A MINORITY
OWNED BUSINESS OWNED BUSINESS
CONFIRMATION OF DRUG FREE WORKPLACE YES
CALENDAR DAYS 22
COMMENTS
Sheet 2 TWO-YEAR BID FOR THE PURCHASE OF MAGNETIC FLOW METERS
VI.-CONSENT AGENDA
ITEM C.l
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOAAI
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned m
Meetin~ Dates in to City Cleric's Office Meetim!;Dates to City Clerk's Office
o August 19,2008 August 4, 2008 (Noon) o October 21, 2008 October 6,2008 (Noon)
o September 2, 2008 August 18, 2008 (Noon) o November 5, 2008 October 20, 2008 (Noon)
o September 18, 2008 September 2, 2008 (Noon) o November 18, 2008 November 3, 2008 (Noon)
o October 7, 2008 September 15, 2008 (Noon) X December 2, 2008 November 10, 2008 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM X Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Approve resolution No. 08-~ authorizing the execution of an agreement with Bethesda
Healthcare System (Bethesda) in Boynton Beach to provide physician services for three (3) years to include new hire and
annual physicals, evaluations, lab testing, substance abuse screening and other physician related services for an estimated
expenditure of $65,700 annually. The estimated cost savings is $52,000 annually.
EXPLANATION: The current physician services agreement with Dr. Randall Wolff expires on December 2,2008. Thus,
Human Resources requested that the City's benefit consultants, Willis of Florida, develop and distribute a Request for
Information (RFI) for physician services, compile the results and make a selection recommendation.
The following Exhibits have been provided by Willis of Florida in response to this request:
. Exhibit 1 a "SUIIlIIlaIY of Request for Information for Physicians Services"
. Exhibit 2 a "Revised Professional Services Fees and Comparison" spreadsheet
. Exhibit 3 an "Executive SUIIlIIlaIY" which recommends the selection of Bethesda Healthcare System.
On November 6, 2008, Human Resources Director Sharyn Goebelt, Assistant Human Resources Director Marylee Coyle and
Deputy Fire Chief Ray Carter conducted an on-site visit at Bethesda to meet the staff that would service the City's account
and tour the facility. After determining that Bethesda could meet the requirements ofNFPA 1582, (the standard on
Comprehensive Occupational Medical Program for the Fire Department), the requirements of the Florida Department of
Law Enforcement (FDLE) standards for the Police Department and all other requirements established by Human Resources
including hours of operation, scheduling and response time for results, Human Resources concurs with the recommendation
made by Willis of Florida and is requesting that City Commission approve the recommendation for Bethesda to provide
physician services. This agreement is for three (3) years and has a provision for two (2) one (1) year extension periods.
Bethesda will provide services including Firefighter annual physicals, Firefighter new hire evaluations and Police Officer
new hire evaluations at Bethesda Memorial Hospital, 2815 S. Seacrest Blvd., Boynton Beach, Florida. All other physician
services including physicals, substance abuse screening, lab testing etc. will be conducted at Bethesda Health City located at
10301 Hagen Ranch Road, Boynton Beach, FL 33437
PROGRAM IMPACT: The purpose of this quote was to select and retain a firm for Physician Services for City of
Boynton Beach employees and new hire candidates.
S:\HR\Agenda Items\Agenda Items 2008\Bethesda Agenda Item Dec. 2, 2008.doc
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
FISCAL IMPACT: In FY 2008/2009, $117,775 was budgeted in line item 001-1610-31-20 for Physician Services only.
The estimated expenditure will be approximately $65,700 annually depending on the number of physicals, substance abuse
screening, lab testing etc. By selecting Bethesda there is an estimated cost savings of $52,000 per year.
AL TERNA TIVES: Not enter into a contract with a provider for physician services and use various doctors and clinics at
higher rates; enter into a new agreement with our current provider and pay higher rates or enter into an agreement with US
Hea1thworks and pay higher rates.
I ')
"-1 / I
~ ~ ~&rMt ktCL~
I D~ent Ii '5 gna e City Manager's Signatur'e
. v ! Assistant to City Manager ~
1/ ~'
.' :;-iJ-
'fJrJ/J/1 W1l ~
. Department Name " City Attorney / Finance
S:\HR\Agenda Items\Agenda Items 2008\Bethesda Agenda Item Dec. 2, 2008.doc
I
1
2 RESOLUTION NO. R08-/4D
3 !
4 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
5 FLORIDA, AUTHORIZING EXECUTION OF ATHREE (3)
6 YEAR AGREEMENT BETWEEN THE CITY OF I
7 BOYNTON BEACH AND BETHESDA HEALTHCARE
8 SYSTEM, AS THE NEW PROVIDER FOR PHYSICIAN
9 SERVICES FOR ALL NEW EMPLOYEES AND
10 REQUIRED ANNUAL PHYSICALS FOR POLICE
11 OFFICERS AN FIREFIGHTERS; AND PROVIDING AN
12 EFFECTIVE DATE.
13
14
15
16
17 WHEREAS, the City Commission of the City of Boynton Beach, upon
18 recommendation of staff, deems it to be in the best interests of the citizens of the City of
19 Boynton Beach to enter into an Agreement between the City of Boynton Beach and Bethesda
20 Health Care System, providing for pre-employment examinations, and required annual
21 physicals for police officers and firefighters;
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
25 being true and correct and are hereby made a specific part of this Resolution upon adoption
26 hereof.
27 Section 2. The City Commission ofthe City of Boynton Beach hereby authorizes
28 and directs the execution of a three (3) year Agreement for physician services between the
29 City of Boynton Beach and Bethesda Health Care System, a copy of which agreement is
30 attached hereto as Exhibit "A".
31 Section 3. This Resolution shall become effective immediately upon passage.
SllCAIRESOlAgreementslBethesda Healthcare System (physician servlces}.doc
1 PASSED AND ADOPTED this ____ day of December, 2008.
2
3 CITY OF BOYNTON BEACH, FLORIDA
4
5
6
.__._-~---_._-- ~~-
7 Mayor - Jerry Taylor
8
9
10
11 Vice Mayor - Jose Rodriguez
12
13 I
I
14
15 Commissioner - Ronald Weiland
16
17
18 -~._._--_...-
19 Commissioner Woodrow L. Hay
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21
22
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23 I Commissioner - Marlene Ross
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25 ATTEST:
26
27
28
29
30 Janet M. Prainito, CMC
31 City Clerk
32
33
34
35 (Corporate Seal)
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S"\CA\RESO\Agreements\Bethesda Healthcare System {phYSician servlces).doc
I.
II
THREE (3) YEAR CONSULTANT AGREEMENT
FOR PHYSICIAN SERVICES
WITH BETHESDA HEAL THCARE SYSTEM
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter
referred to as "the City", and Bethesda Healthcare System, hereinafter referred to as "the
Physician", in consideration of the mutual benefits, terms, and conditions hereinafter
specified effective December 2, 2008.
1. PROJECT DESIGNATION. The Physician is retained by the City to perform
Physician services in connection with the project designated.
2. SCOPE OF SERVICES. Physician agrees to perform the services, identified on
Exhibit "A" attached hereto, and incorporated herein by reference, including the
provision of all labor, materials, equipment and supplies. No modifications will be
made to the original scope of work without the written approval of the City Manager
or his designee.
3. TIME FOR PERFORMANCE. Work under this contract shall commence upon the
giving of written notice by the City to the Physician to proceed. Physician shall
perform all services and provide all work product required pursuant to this agreement.
4. TERM: The term of this Agreement shall commence on the date written above and
shall be for a period of three (3) years. The agreement will automatically renew for
an additional two (2) years unless either party is notified by the other at least ninety
(90) days prior to the end of this Agreement.
5. PAYMENT. The Physician shall be paid by the City for completed work and for
services rendered under this agreement as follows:
a. Payment for the work provided by Physician shall be made as provided on Exhibit
"A" attached hereto, on an as needed basis without express written modification
of the agreement signed by the City Manager or his designee.
b. The Physician may submit invoices to the City once per month during the
progress of the work for partial payment for project completed to date. Such
vouchers will be reviewed by the City, and upon approval thereof, payment will
be made to the Physician in the amount approved.
c. Final payment of any balance due the Physician of the total contract price earned
will be made promptly upon its ascertainment and verification by the City after
the completion of the work under this Agreement and its acceptance by the City.
d. Payment as provided in this section by the City shall be full compensation for
work performed, services rendered and for all materials, supplies, equipment and
incidentals necessary to complete the work.
S:\HR\Bethesda\agreement for physician services\Physician Services Agreement Bethesda.doc
e. The Physician records and accounts pertaining to this agreement are to be kept
available for inspection by representatives of the City and State for a period of
three (3) years after the termination of this Agreement. Copies shall he made
available upon request.
6. OWNERSHIP AND USE OF DOCUMENTS. All documents, records, and other
materials produced by the Physician in connection with the services rendered under
this Agreement shall be the property of the City whether the project for which they
are made is executed or not. The Physician shall be permitted to retain copies,
including reproducible copies, of documents, records, and other materials for
information, reference and use in connection with Physician's endeavors.
7. COMPLIANCE WITH LAWS. Physician shall, in performing the servIces
contemplated by this service agreement, faithfully observe and comply with all
federal, state and local laws, ordinances and regulations that are applicable to the
services to be rendered under this agreement.
8. INDEMNIFICA TION. Consultant shall indemnify, defend and hold harmless the
City, its offices, agents and employees, from and against any and all claims, losses or
liability, or any portion thereof, including attorneys fees and costs, arising from injury
or death to persons, including injuries, sickness, disease or death to Physician's own
employees, or damage to property occasioned by a negligent act, omission or failure
of the Physician.
9. INSURANCE. The Physician shall secure and maintain in force throughout the
duration of this agreement Malpractice Insurance along with comprehensive general
liability insurance with a minimum coverage of $1,000,000 per occurrence and
$1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate
for property damage, and professional liability insurance in the amount of $1 ,000,000
per occurrence to $2 million aggregate with defense costs in addition to limits.
Said general liability policy shall name the City of Boynton Beach as an additional
named insured and shall include a provision prohibiting cancellation of said policy
except upon thirty (30) days prior written notice to the City. Certificates of coverage
as required by this section shall be delivered to the City within fifteen (15) days of
execution of this agreement.
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10. INDEPENDENT CONTRACTOR. The Physician and the City agree that the
Physician is an independent contractor with respect to the services provided pursuant
to this agreement. Nothing in this agreement shall be considered to create the
relationship of employer and employee between the parties hereto. Neither Physician
nor any employee of Physician shall be entitled to any benefits accorded City
employees by virtue of the services provided under this agreement. The City shall not
be responsible for withholding or otherwise deducting federal income tax or social
security or for contributing to the state industrial insurance program, otherwise
S:\HR\Bethesda\agreement for physician services\Physician Services Agreement Bethesda doc
assuming the duties of an employer with respect to Physician, or any employee of
Physician.
11. COVENANT AGAINST CONTINGENT FEES. The Physician warrants that he has
not employed or retained any company or person, other than a bonafide employee
working solely for the Physician to solicit or secure this contract, and that he has not
paid or agreed to pay any company or person, other than a bonafide employee
working solely for the Physician, any fee, commission, percentage, brokerage fee,
gifts, or any other consideration contingent upon or resulting from the award or
making of this contract.
For breach or violation of this warranty, the City shall have the right to annul this
contract without liability or, in its discretion to deduct from the contract price or
consideration, or otherwise recover, the full amount of such fee, commission,
percentage, brokerage fee, gift, or contingent fee.
12. DISCRIMINATION PROHIBITED. The Physician, with regard to the work
performed by it under this agreement, will not discriminate on the grounds of race,
color, national origin, religion, creed, age, sex or the presence of any physical or
sensory handicap in the selection and retention of employees or procurement of
materials or supplies.
13. ASSIGNMENT. The Physician shall not sublet or assign any of the services covered
by this agreement without the express written consent of the City.
14. NON-WAIVER. Waiver by the City of any provision of this agreement or any time
limitation provided for in this agreement shall not constitute a waiver of any other
prOVISIon.
15. TERMINATION. This agreement may be terminated as follows:
a. By either Party for Cause (defined for purposes of this Agreement as an incurred
breach of the provisions hereof), if the terminating Party has provided the other
Party with written notice of the matter or matters constituting Cause for
termination and the Party receiving such notice has not cured such matter or
matters within thirty (30) days of receipt.
b. In the event of the death of a member, partner or officer of the Physician, or any
of its supervisory personnel assigned to the project, the surviving members of the
Physician hereby agree to complete the work under the terms of this agreement, if
requested to do so by the City. This section shall not be a bar to renegotiations of
this agreement between surviving members of the Consultant and the City, if the
City so chooses.
S:\HR\Bethesda\agreement for physician services\Physician Services Agreement Bethesda.doc
16. DISPUTES. Any dispute arising out of the terms or conditions of this agreement
shall be adjudicated within the courts of Florida. Further. this agreement shall be
construed under Florida Law.
17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following
address:
Human Resources
Attention: Sharyn M. Goebelt, Human Resources Director
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Notices to Consultant shall be sent to the following address:
Bethesda Healthcare System
2815 S. Seacrest Blvd.
Boynton Beach, Florida 33435
S:\HR\Bethesda\agreement for physician services\Physician Services Agreement Bethesda.doc
18. INTEGRA TED AGREEMENT. This agreement, together with attachments or
addenda, represents the entire and integrated agreement between the City and the
Physician and supersedes all prior negotiations, representations, or agreements
written or oral. This agreement may be amended only by written instrument signed by
both City and Physician.
DATED this _ day of ,20 -
CITY OF BOYNTON BEACH
City Manager Bethesda Healthcare System
Attest! Authenticated:
Title
(Corporate Seal)
City Clerk
Approved as to Form: Attest! Authenticated:
Office of the City Attorney Secretary
S:\HR\Bethesda\agreement for physician services\Physician Services Agreement Bethesda.doc
Exhibit A
SCOPE OF SERVICES
The Physician will provide new hire, annual, and fit for duty exams during normal business
hours and all other duties as listed in the scope of services. The City will schedule services with
the Physician during normal hours of operation. The Physician shall perform the following types
of substance abuse testing: Reasonable Suspicion/Cause, Post Accident testing, Return to Duty
testing and Follow-up, CDL physical and all other service testing within the scope of work.
During periods of absence due to vacation, etc, physician will be required to provide a contact
for back-up physician services.
I: Firefighter Services - Breakdown of Scope
The Proposer for Physician Services. Part 1 Firefie:hter must have a Fire Physician on staff
who meets the standards of NFP A 1582. The Fire Physician must be knowlede:eable of
firefie:htine: and the various tasks that firefie:hters perform.
A. General
1. Conduct pre-employment physicals for all Firefighters including drug and alcohol
screening to be in compliance with the City's Drug Free Workplace Policy
2. Conduct annual physicals for Firefighters.
'" Physician shall coordinate laboratory testing necessary in conjunction with examinations
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and testing performed by outside Vendor to comply with the terms of the agreement.
4. Physician and or Staff shall assume all billing responsibilities, including billing for
additional testing, x-rays and laboratory tests related to the exam.
5. Physician shall provide any and all necessary consultation and case review of
examination results for the employee/patient. A written review of the examination results
shall be provided to employee/patient.
6. Physician shall provide flu shots to all City of Boynton Beach Firefighters. Retirees may
be permitted to participate by paying for the shots.
7. Maintain all medical records created during the course of the agreement.
8. Certify that all Physicians as well as any other employees of the Vendor shall have the
appropriate licenses or registrations as required by any local, state or federal law. rule or
regulation.
9. Provide a detailed monthly invoice for all services and fees.
B. Fire Department Annual Physicals:
1. Annual Physical Evaluations for Firefighters shall meet or exceed requirements
established in NFP A 1582 Medical Evaluation of Candidates and Medical Evaluation of
~1embers. i\.. ph)Tsician, nurse practitioner, ph)'sician assistant or cqui'valent shall conduct
physicals. The Physician shall inform the appropriate department only as to whether or
not the candidate or current employee is medically certified to perform their duties.
2. The Physician shall be responsible for guiding, directing and advising the employee with
regard to their health, fitness and suitability for various duties. Firefighter's health and
]
fitness will be guided by standards established in NFP A 1500, Fire Department
Occupational Safety and Health Program, Chapter 8, Section 8-6 "Fire department
Physician" as amended.
3. The Physician shall provide immunization(s) as needed.
4. The Physician shall perform a review of all office notes; EKG's and review all cases
achieving abnormal results, deviations from baseline results as determined by comparison
with previous examinations, and positive contagious disease profiles.
5. The Physician shall report patterns of deviation and/or abnormal results identified by
review of the employees physical to the Department Chief in an effort to coordinate
preventative measures to avoid or reduce further deviation.
6. If any requirements should change as a result of changes in the collective bargaining
agreements, the City shall assume responsibility to notify the Physician_of said changes.
This agreement may be amended upon written approval of both parties.
C. Firefighter Annual Exam Components:
Firefighter exam reference NFP A 1582, Chapter 6-7, Periodic Medical Evaluation
1. Establishment of Medical & Occupational History
2. Physical Evaluation including spinal exam
3. Range of motion and neurological reflex exam
4. EKG
5. Pulmonary Function Testing with pulse oximetry
6. Fitness Assessment by Certified Fitness Coordinator
7. Dietary and exercise program recommendations with follow-up as needed
8. Tetanus and Diphtheria as needed
9. Hepatitis B Booster (series as needed) plus titers (quantitative)
10. Tuberculosis Test/Tine, PPD (chest X-ray as needed)
11. Stress Test (Treadmill) (At age 40 and every two years thereafter, or as clinically
indicated)
12. CMP, LP, CBC, RPR, UA, Hep A,B,C and B quantitative, HIV (confirmation on positive
results) TSH (when clinically indicated)
13. PSA (males over 40)
D. Firefighter New Hire Evaluation Components:
1. Components same as annual physical
2. A,B,O and AB Blood Typing
E. Firefighter Testing for Infectious Disease:
1. Confirmation and/or repeat testing for HIV, Hepatitis A, B, C and RPR
F. Fire Rescue Fitness Evaluation (Wellness Program)
1. Body fat evaluation. This will include circumference and skinfold.
2. Grip strength.
2
.., Push ups. Max 45
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4. Sit-ups. Max 45
5. Flexibility. (Sit and Reach)
6. 5 minute step test. This evaluates aerobic capacity.
Participants will receive a computer print out of evaluation which will specify areas of
improvement and percentile ranking based on age and gender.
Part 2 Police Officers and Employees (excluding Firefighters) - Breakdown of scope
A. General
1. Conduct pre-employment physicals for all Police Officers and general employees
requested by the City including drug and alcohol screening to be in compliance with the
City's Drug Free Workplace Policy.
2. Administer flu shots to all Police Officers and City of Boynton Beach employees. The
City will determine the number of shots to be given and who may participate. Retirees
may be permitted to participate by paying for the shots.
3. Physician shall coordinate laboratory testing necessary in conjunction with examinations
and testing performed by the Vendor as requested by the City.
4. Physician and or Staff shall assume all billing responsibilities, including billing for
additional testing, x-rays and laboratory tests.
5. Physician shall provide any and all necessary consultation and case review of
examination results for the employee/patient. A written review of the examination results
shall be provided to employee/patient.
6. Maintain all Medical records created during the course of the agreement.
7. Certify that all Physicians as well as any other employees of the Vendor shall have the
appropriate licenses or registrations as required by any local, state or federal law, rule or
regulation.
8. Provide a detailed monthly invoice for all services and fees.
B. Police Officer New Hire Examination Components:
1. Establishment of Medical & Occupational History
2. Physical Examination including spinal exam
3. Range of motion and neurological reflex exam
4. EKG
5. Pulmonary Function Testing with pulse oximetry
6. Fitness Assessment by Certified Fitness Coordinator
7. Dietary and exercise program recommendations with follow-up as needed
8. Tetanus and Diphtheria as needed
9. Hepatitis B Booster (series as needed) plus titers (quantitative)
lO. Tuberculosis Test/Tine, PPD (chest X-ray as needed)
11. Stress Test (Treadmill
12. CMP, LP, CBC, RPR, UA, Hep A,B,C and B quantitative, HIV (confirmation on
positive results) TSH (when clinically indicated)
13. PSA (males over 40)
14. Drug Screening
15. Fitness Assessmet
3
C. General Employees/New Hire Physical Components:
1. Physical Examination, Visual Acuity and Peripheral Vision testing
2. Tetanus and Diphtheria Booster as needed
3. Tuberculosis Test/Tine, PPD as needed, chest X-ray as needed
4. Drug & Alcohol Screen
D. General Employees - Immunization:
1. Hepatitis B Booster/series as needed
2. Blood titers as necessary
4
CITY OF BOYNTON BEACH
PROFESSIONAL SERVICES AND FEES COMPARISON
Scope of Services Pricing
I PART 1 - FIREFIGHTER SERVICES " Bethesda Medical Assoc. I
A Drug and Alcohol Testing - 10 panel $30
B Fire Department Annual Physicals $100
C Fire Department Annual Physicals with Stress Test $232
C1 Fire Department Annual Physicals without Stress Test $100
0 Firefighter New Hire Evaluation with Stress Test $378
01 Firefighter New Hire Evaluation without Stress Test $246
E Firefighter Testing for Infectious Disease $81
F Fire Rescue Fitness Evaluation - Wellness Program $35
Additional Testing Service PPO $4
Chest X-ray as needed $42
Drug Test - 10 panel $30
Tetanus as needed $38
Hepatitis B Series as needed after hire $150
Hepatitis B Booster as needed $50
Hepatitis A Series for Technical Rescue and Dive Team $120
Titers - quantitative $12
CRP Blood Test when cardiac risk factors indicate $35
PSA for males over 40 $31
Stress Test $132
Flu Shot $20
PART 2 - POLICE AND GENERAL EMPLOYEE SERVICES I Bethesda Medical Assoc. I
A Drug and Alcohol Testing - 10 panel $30
B Flu Shots $20
C Police Officer New Hire Evaluation $303
0 General Employees New Hire Pre-Employment Exam $120
E Police Testing for Infectious Disease I $81
Additional Testing Service PPD $4
Chest X-ray as needed $42
Drug Test - 10 panel $30
Tetanus as needed $38
Hepatitis B Series as needed after hire $150
Hepatitis B Booster as needed $50
Hepatitis A Series $120
Titers - quantitative $12
CRP Blood Test when cardiac risk factors indicate $35
Stress Test $132
Flu Shot $20
Lead Testing for Range Instructors Only $12
II PSA for males over 40 II $31 II
*three (3) shots
**per shot
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Summary of Request for Information (RFI)
for Physicians Services
~ Willis sent out a Request for Information for pricing for physicians services for the City of Boynton Beach.
~ The RFI included a request for Physician Services pricing for Firefighters, as well as Police and General Employees.
~ Vendors within 15 miles of the City of Boynton Beach were contacted, and were asked to provide a breakdown of their costs for
Physician services. Responses were due to Willis no later than October 7,2008.
~ Local vendors who were sent the RFI are listed below:
0 Dr. Randall L. Wolff, Clinical Services Unit
0 Bethesda Medical Associates
0 Central Palm Beach Physicians & Urgent Care
0 MedExpress Urgent Care
0 U.S. Healthworks
~ The following vendors did not provide pricing for physicians services:
0 Central Palm Beach Physicians & Urgent Care did not respond.
0 MedExpress Urgent Care responded on the due date with a request for a meeting; no other information was submitted.
~ Dr. Randall Wolff, Bethesda Medical Associates, U.s. Healthworks provided pricing for the Physician Services, which is illustrated on the
attached Revised Professional Services and Fees Comparison spreadsheet. The proposed fees that are lower than the current are
highlighted in green; proposed fees that are higher than current are highlighted in red.
WIllis
III EXHIBIT
Willi s i 3
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WilliS HRH
EMPLOYEE BENEFITS
720 5th Avenue South, Suite #203
Direct: 239 659 4500
Toll Free: 8665934656
Fax: 239 262 5338
Website: www.willis.com
Executive Summary
Purpose: To identify a vendor to provide physician services, including office space, exam rooms and
equipment, to the City of Boynton Beach. The City desires to establish a strong, sound and mutually beneficial
relationship with a physician or firm.
Back2round: The City of Boynton Beach has a contract for physician services with Dr. Randall Wolff, M.D. that
ends December 2, 2008. At the request of the Human Resources staff of the City of Boynton Beach, Willis of
Florida developed a Request for Information (RFI) for pricing for a qualified firm or physician to provide
physician services, including office space, exam rooms and equipment, to the City of Boynton Beach.
local vendors within 15 miles of the City of Boynton Beach were asked to provide a breakdown of their costs
for Physician Services.
AnalYsis: The RFI was distributed by Willis on September 30, 2008.
local vendors who were sent the RFI are: Dr. Randalll. Wolff, Clinical Services Unit, Bethesda Healthcare
System (Bethesda Medical Associates), Central Palm Beach Physicians & Urgent Care, MedExpress Urgent Care
and U.S. Healthworks.
Central Palm Beach Physicians and Urgent Care did not respond to our Request. MedExpress Urgent Care
responded with a request for a meeting and followed up with an e-mail advising us that they are not equipped
to provide all services as outlined in the RFI.
Dr. Randall Wolff, Bethesda Medical Associates and U.S. Healthworks provided pricing for Physician Services,
which is illustrated on the attached comparison spreadsheet.
Based on these results, Willis facilitated a finalist meeting with Bethesda to verify the terms and conditions
proposed in their analysis.
Recommendation: After careful review of the criteria provided by the City, and the proposals submitted by
the vendors, Bethesda Healthcare System has provided a proposal that most closely meets or exceeds the
requirements outlined in the RFI for physician services.
11110/2008
VI.-CONSENT AGENDA
ITEM C.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
o August 19,2008 August 4,2008 (Noon) o October 21, 2008 October 6, 2008 (Noon)
o September 2, 2008 August 18,2008 (Noon) o November 5, 2008 October 20, 2008 (Noon)
o September 18,2008 September 2, 2008 (Noon) o November 18,2008 November 3, 2008 (Noon)
o October 7, 2008 September 15,2008 (Noon) X December 2, 2008 November 10,2008 (Noon)
(':,
City Manager's Report ~ C')~
0 AnnouncementslPresentations 0 :::::{-<
0 0 a -<e
NATURE OF Administrative New Business ("'>-r'l
AGENDA ITEM c::: r-_
X Consent Agenda 0 Legal - M'O
o ?3-<
0 Code Compliance & Legal Settlements 0 Unfmished Business .,c..:c:
. .......
0 Public Hearing 0 ~ r.PO
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RECOMMENDATION:
Motion to approve by resolution Task Order U04-08-10 to Globaltech, Inc. in the amount of $99,580 to provide
professional engineering services to prepare a preliminary design report to increase the capacity of the East
Water Treatment Plant to approximately 21.5 to 24 mgd.
EXPLANATION:
The Commission approved Water Supply Plan envisions increasing the throughput of the East Water Treatment
Plant (EWTP) by pumping water from the West Well field through a new pipeline to the EWTP. This task order
involves an investigation into what work is required to bring the capacity ofthe plant back up to 21.5-24 MGD.
The work will include firstly a study of the capabilities of the main unit operations, the current condition of the
plant, followed if necessary by a field re-rating of the various operations in line with the DEP and PBC Dept. of
Health regulations. There will also be a review of other applicable regulations regarding water quality both in
existence and under development and the impact on the plant design. Having completed this work the consultant
will produce a preliminary design report and a construction cost estimate.
PROGRAM IMP ACT:
Increasing the capacity of the EWTP is a critical part of the future water supply plan. The Lime Softening process
at the East Plant has been identified as having lower production costs compared to the Reverse Osmosis system
employed at the West Treatment plant. This is particularly important as electrical costs increase. The East Plant
must be ready to receive the additional water sometime during 2011. This proj ect is being undertaken in
coordination with the ongoing raw water pipeline route analysis and the design study for the raw water resin
treatment facility proposed at the West Plant..
FISCAL IMPACT:
The cost for this design study is $99,580. This project is included in the Capital hnprovement Budget and funds
are available in account 406-5000-590-65-02 WTR 112.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
AL TERNA TIVES:
None. This project is required to meet the future demands of the service area, and assure that the EWTP is fully
capable oftreating the future flow of water from the West Wellfield.
~. "0(.,~ ~
.~ ~ K/~e.c....g. -
Department Head's Signature / City Manager's Signature
^"i"""t to City ~ CWvl/.
/
Department Name City Attorney! Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
I'
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1 RESOLUTION NO. R08-1;J1
2
3 A RESOLUTION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AUTHORIZING EXECUTION OF
5 TASK ORDER NO. U04-08-10 IN THE AMOUNT OF
6 $99,580.00 TO GLOBAL TECH, INC., FOR
7 ENGINEERING SERVICES TO PREPARE A
8 PRELIMINARY DESIGN REPORT TO INCREASE
9 THE CAPACITY OF THE EAST WATER
10 TREATMENT PLANT; AND PROVIDING AN
11 EFFECTIVE DATE.
12
13
14 WHEREAS, this task order involves an investigation into what work is required to
15 bring the capacity of the East Water Treatment Plant back up to 21.5-24 MGD; and
16 WHEREAS, the City Commission of the City of Boynton Beach upon
17 recommendation of staff, deems it to be in the best interest of the citizens of the City of
18 Boynton Beach to authorize execution of Task Order U04-08-1 0 in the approximate amount
19 of$99,580.00 to Globaltech, Inc.
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
23 being true and correct and are hereby made a specific part of this Resolution upon adoption
24 hereof.
25 Section 2. The City Commission of the City of Boynton Beach, Florida does
26 hereby approve and authorize the City Manager to execute Task Order U04-08-10 in the
27 approximate amount of $99,580.00 to Globaltech, Inc., for engineering services to prepare a
28 preliminary design report to increase the capacity of the East Water Treatment Plant to
29 approximately 21.5 to 24 mgd, a copy of which is attached hereto as Exhibit "A".
SICAIRESOlAgreementslTask - Change OrderslGlobaltech - Task Order U04-08-10 doc
1 Section 3. This Resolution shall become dlective Immediateh upon passage
2 PASSED AND ADOPTED this day of December. 200R.
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3
4 CITY OF BOYNTON BEACH. FLORIDA
5
6
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7 Mavor~. Jerrv Tavlor
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8
9
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10 Vice Mayor~ Jose Rodriguez
11
12
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13 Commissioner - Ronald Weiland
14
15
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16 Commissioner - Woodrow L. Hav
17
18
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19 Commissioner - Marlene Ross
20
21 ATTEST:
22
23
24
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25 Janet M. Prainito, CMC
26 City Clerk
27
28
29
30 (Corporate Seal)
31 I
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Globaltech, Inc.
Task Order No. U04-08-10
Engineering Services to Prepare a
Preliminary Design Report to Increase the Capacity of the
East Water Treatment Plant to Approximately 21.5 to 24 mgd
A. Background
The City of Boynton Beach (CITY) desires to increase the permitted capacity of the East Water
Treatment Plant (WTP) from 19.2 mgd to approximately 21.5 to 24 mgd. The increase in
capacity will enable the East WTP to treat surficial aquifer water from the CITY's eastern and
western wellfields. Currently, the western wellfield provides surficial water to the West WTP
and the eastern wellfield provides surficial water to the East WTP. However, the CITY plans to
change the water source and corresponding treatment process at the West WTP to the Floridan
Aquifer, which is a brackish water source. The surficial water once used at the West WTP
would then be diverted to the East WTP for treatment under a separate project.
Because the East WTP will need to treat more water and its equipment is aging, the CITY desires
to evaluate the East WTP equipment with regards to capacity, physical condition, and reliability.
The East WTP is a lime softening facility that was originally constructed in 1962. It has under
gone two major modifications/expansions in 1975 and 1992 and currently has a permitted
capacity of 19.2 mgd. Therefore, some of equipment is 16 to 46 years old and are difficult to
control and maintain. Permitting requirements have also changed and the East WTP would not
be permitted as high as 19.2 mgd under today's regulatory conditions.
The CITY has requested that Globaltech, Inc (CONSULTANT) provide engineering services to
evaluate the existing equipment at the East WTP and prepare a Preliminary Design Report (PDR)
and provide order of magnitude costs for the required improvements for the East WTP to treat a
maximum daily flow of 21.5 to 24 mgd. The equipment evaluation will cover the following
topics:
. Hydraulic Capacity
. Physical Condition of Equipment
. Firm Capacity
. Required Chemical Storage
. CT 4-log virus removal/inactivation Criteria
. Implementation ofI&C improvements (valve actuators)
Hydraulic testing of some of the existing equipment will be required to determine their upper
installed capacities. Structural testing of some of the existing equipment will also be required to
determine if they need modifications.
!ASK ORDER No l ]04-()~- ; I
-"-- --.-._"-~.. - ,-~_.~~--- -.-- .-
Based on the testing results, a PDR will be provided outlining the required modifications for
each unit process of the plant except those being addressed by others in order to eliminate
duplication of effort. Where necessary, the CONSUL T ANT will coordinate with others I( I
gather information that is needed for the evaluation. These areas include the following:
. On Site Generation of Sodium Hypochlorite
. Sludge Thickener and Vacuum Press Rehabilitation
. Electrical System and Emergency Power
B. Scope of Services
Task 1 - Hydraulic Evaluation of Equipment
The East WTP is currently operating at approximately 8 mgd, well below its permitted capacity
of 19.2 mgd due to limitations imposed by the South Florida Water Management District on the
eastern wellfield. As such, the plant has not operated some of its equipment at higher capacities.
Full scale testing of system components are needed to determine their hydraulic capacities and to
identify any deficiencies if the equipment is to be used to treat a maximum day flow of 21.5 to
24 mgd. Manufacturer representatives will be consulted during the evaluation. The following
facilities shall be flow tested to determine functionality and capacity.
. Softeners
. Filters
. Sludge blow down pit pumps
. Backwash recovery basin decant pumps
. Backwash recovery basin sludge pumps
. High service pumps
The CONSULTANT shall coordinate with the Palm Beach County Health Department (PBCHD)
to facilitate the hydraulic testing of the softeners and filters. It is anticipated that one of the
Infilco softeners will be operated at 12 mgd and two filters will be operated at 6 mgd for 3 to 4
weeks. Where necessary, CONSULTANT shall prepare a testing protocol for approval by the
PBCHD. The CITY shall operate the system and provide analytical measurements as required.
The CONSULTANT shall evaluate the data and provide a summary letter for the PBCHD as
required.
In order to evaluate the gravity flow components, spot elevations shall also be conducted by a
surveyor. The surveyor shall re-establish two benchmarks on-site form County Benchmark
Network and obtain spot elevations at the direction of the CONSULTANT. A desk-top analysis
shall be conducted for the gravity flow components at the 21.5 and 24 mgd flow rate.
The CITY is planning on replacing control valves at the plant with newer valves and actuators
that can interface with the SCADA East WTP. However, there are other manual valves that may
need to be replaced due to their age and/or condition. The CONSULTANT shall witness all the
valves being operated by plant staff to determine which ones if any need replacing. Those
control valves already scheduled to be replaced shall not be evaluated.
20f7
TASK ORDER No. U04-08-10
Results and recommendations from this hydraulic evaluation shall be summarized in the
Preliminary Design Report (PDR).
Task 2 - Structural Evaluation of Equipment
The steel components of the plant are showing various degrees of corrosion. There are also
minor leaks in the concrete water holding basins at pipe penetrations. A structural engineer shall
inspect the condition of the following items and make recommendations for improvements where
necessary for the following areas.
. Softeners
. Steel Lime Silos
. Fluoride tank containment
. Clearwell (exterior only)
. Pipe penetrations for filters
The structural engineer shall review the 2002 or later diver video of the interior of the clearwell
but will not conduct any physical underwater inspection of the interior of the clearwell.
Results and recommendations from the structural evaluation shall be summarized in the PDR.
Task 3 - Firm Treatment Capacity Evaluation
In order for the East WTP to be rated and permitted at 21.5 to 24 mgd, each treatment process
will need to have firm capacity with the largest component/equipment out of service. A desk top
evaluation shall be conducted to identify any firm capacity deficiencies. This evaluation shall
consider the results of the hydraulic evaluation from Task 1. The firm treatment capacity
evaluation shall include but not limited to the following.
. Softening capacity
. Filter capacity
. Filter backwash capacity
. Chemical storage capacity for 30 days
. Chemical feed capacity (excluding chlorine gas or sodium hypochlorite)
. Clearwell capacity
. High service pump capacity
. CT requirements for 4-log virus inactivation/removal
. Backwash recovery pond capacity
The desktop evaluation shall not include the following unit processes that are being considered
by others:
. Chlorination: Removal of gas chlorine and installation of onsite sodium hypochlorite
generator
3of7
I ASK ORDER No U()4-()~- i II
- -_.~--- --- -- ~ --,. ,-------_.. - - --~-'----'-'-'-' - --,------
. Instrumentation and controls
. Hydraulic modeling of finished water including storage tank capacity and high service
pumping to meet peak hour demand and raw water systems to meet maximum day
demands.
Results and recommendations from the firm capacity evaluation shall be summarized in the
PDR.
Task 4 - Electrical Power Evaluation
The existing electrical systems will also be examined in its ability to provide adequate normal
power and emergency power for the future flow rates. Future electrical demand for the plant will
be estimated based on equipment horsepower determined in Task 3 above as well as future
power requirements from the proposed onsite sodium hypochlorite generator. The electrical
evaluation shall include the following:
. Interface with the local power utility (FPL) to discuss normal power service redundancy
. Analyze the water plant's power system with the new electrical loads for the proposed
upgrades.
. Prepare single line drawings including emergency power
. Prepare conceptual grounding drawings
. Provide cutsheets of new electrical equipment, if available
Results and recommendations from this electrical evaluation shall be summarized in the
Preliminary Design Report (PDR).
Task 5 - Preliminary Design Report
A Preliminary Design Report shall be prepared to identify the improvements necessary to
increase the East WTP capacity to 21.5 and 24 mgd. The following tasks shall be conducted in
preparing the PDR.
1. Meet with the OWNER to review the design parameters and results of Task 1 through 4.
2. Provide construction cost estimate for the various work.
'" Prepare a draft PDR for the improvements with order of magnitude cost estimates as a
J.
result of the evaluations conducted in Task 2 through 4. Submit 5 copies of each to the
OWNER for review.
4. Meet with the OWNER to discuss the review comments. The OWNER may decide to
select alternative equipment based on costs versus features.
5. Incorporate the review comments and prepare a final PDR. Submit 5 copies to the
Owner.
6. The PDR will consist of schematic half-size drawings, process descriptions, literature.
and equipment cut sheets.
40f7
TASK ORDER No. U04-08-]0
C. Assumptions
In addition to the work items discussed above, the following assumptions were made in
establishing the scope of work and associated fee. Changes and/or modifications in the above
work items or these assumptions are considered an Additional Service Item under the terms of
the contract.
. CITY will provide utility maps in CAD format or will provide hard copies for inclusion
in the report.
. The CITY will accompany CONSULTANT or their SUBCONSUL T ANTS on all the site
visits if as requested.
. The CITY will operate equipment as necessary.
. The surveyor will only obtain spot elevations. A full site plan survey is not included.
. The CITY will provide video of the clearwell interior for structural engineer review.
. The CITY will provide required data and water quality analysis for testing.
. The CITY will determine the instrumentation and control requirements. CONSULTANT
shall provide input on the mechanical components in relationship to the instrumentation
and controls equipment.
D. Contract Reference
This Task Order shall be performed under the terms and conditions described within the
Agreement for General Consulting and Engineering Services dated February 21, 2006 between
the City of Boynton Beach and Globaltech, Inc.
E. Additional Services
The following are examples of some specific Additional Service Items that may be required, but
are not included within this Task Order. Generally, a condition contrary to the work described in
Section B or assumptions of Section C (upon which the fee is based) is considered an Additional
Service Item. Examples include:
. Development of a Capacity Analysis Report (CAR)
. Permit application for capacity upgrade.
. Hydraulic modeling of raw water transmission system or finish water distribution system.
. Detail design (specifications and drawings) for recommended upgrades.
These and other services can be provided, if desired by the CITY, under separate Task Order or
by an amendment to this Task Order. Services performed will be on an as-directed basis in
accordance with a written Notice to Proceed from the CITY.
F. Compensation
Compensation by the CITY to Globaltech for all tasks will be on a lump sum basis in accordance
with the above-mentioned Agreement and as shown in the Table below. Individual task limits
will not be exceeded without prior written authorization from the CITY. Work completed by
5 of?
TASK ORDER No U(J4-11~-11
~..__._,_ _____._~_~_. ______.__n___"_____ _~___~~____.,. -'-'-'
Globaltech will be invoiced monthly on a percent complete basis. The compensation for the
services described in this Task Order is $99.580.00.
Table 1: Compensali
. ..,!(ili!:!fi~1!,~t
"":'','>" ..:.......:>,i
I' i" .......
/".,' . .......,.. .. ./,/,.,
Softener & Filter Test Senior Engineer 50 $130 $6,500 $500 $7,000
Project Engineer 24 $85 $2.040 $100 $2.140
Administrative 8 $55 $440 $440
Flow Testing: Pumps Senior Engineer 24 $130 $3,120 $150 $3.270
Project Engineer 12 $85 $1,020 $100 $1.120
Survey Senior Field Rep 20 $105 $2,100 $50 $2,150
Surveyor Sub. $2,680 $2,680
Desk-Top Evaluation Senior Engineer 30 $130 $3,900 $200 $4.100
Project Engineer 12 $85 $1,020 $100 $1.120
Valve Review Senior Engineer 12 $130 $1,560 $1,560
Senior Field Rep 24 $105 $2,520 $100 $2,620
Task 1 - Subtotal $28,200
~'.'."'>"./ ............ ..... ... '.' .....'" /1'. ...... ..... . ..-..;U,"..,."" . ].,:: -.'1' .....././..'.'....'.'...
.11'1/'1 .... ..... "":..,,::,,. /,;':""
Structural Inspections Senior Engineer 15 $130 $1,950 $100 $2,050
Structural Eng. Sub. $6,380 $6,380
Task 2 - Subtotal $8,430
.... ....1/.....1..1/ ... - " ..1/ "," ,.,""," ......
," "'...~.. "".....
Desk-Top Evaluation Senior Engineer 70 $130 $9,100 $500 $9,600
Project Engineer 24 $85 $2,040 $50 $2,090
Administrative 8 $55 $440 $440 !
Task 3 - Subtotal $12,130
-c.',.. -.. --c- -ce ~-.; ~2.
';, ',":"'. ;''.,.'" ",1,'/" . ..':;+'/",
Electrical Evaluation Senior Engineer 16 $130 $2,080 $100 $2,180 I
Elect. Eng. Sub $17,890 $17,890 I
Task 4 - Subtotal $20,070
y.,::i....,.:.,.i,:,:~..., -..=: ~I, "= "' "=~. ":'/',."
. , .:....'.".,.....,.'.. . ....'...,...' 'T,
Review Meetings Senior Engineer 30 $130 $3,900 $100 $4,000
PDR Preparation Draft Senior Engineer 100 $130 $13,000 $500 $13,500 \
Project Engineer 48 $85 $4,080 $200 $4.280
Senior Designer 46 $85 $3,910 $200 $4.110 i
Administrative 16 $55 $880 $880 I
PDR Preparation Final Senior Engineer 24 $130 $3.120 $200 $3.320
Administrative 12 $55 $660 $660 ;
Task 5 - Subtotal $30,750
::;' ""/,.""', ,......;'.... .......:,... .,....;'.... :'..,','".'.: I 11;~rs~;580
60f7
TASK ORDER No. U04-08-IO
G. Schedule
The CONSULTANT will commence work upon receipt of written authorization. The Table
below shows the proposed schedule:
Table 2: Schedule Table for Task Order No. U04-08-10
Hydraulic Evaluation of Equipment 12 Weeks from NTP
Structural Evaluation of Equipment 10 Weeks from NTP
Firm Treatment Capacity Evaluation 10 Weeks from NTP
Electrical Evaluation 12 Weeks from NTP
Submit Draft PDR 14 Weeks from NTP
Submit Final PDR 2 weeks from receipt of review comments
from Draft PDR
DA TED this day of ,2008.
CITY OF BOYNTON BEACH GLOBAL TECH, INC.
Kurt Bressner, City Manager ~~~
Attest! Authenticated:
(Corporate Seal)
City Clerk
Approved as to Form: Attest! Authenticated
Office of the City Attorney Notary
70f7
IX. - CITY MANAGER'S
REPORT
CITY OF BOYNTON BEACH ITEM A
AGENDA ITEM REQUEST FORl\'___
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D August 19,2008 August 4, 2008 (Noon) D October21,2008 October 6,2008 (Noon)
D September 2, 2008 August 18,2008 (Noon) D November 5, 2008 October 20, 2008 (Noon)
D September 18, 2008 September 2,2008 (Noon) D November 18, 2008 November 3, 2008 (Noon)
D October 7, 2008 September 15,2008 (Noon) X December 2, 2008 November 10, 2008 (NoOl~ ~.
:z: -.,
0 -<b
<: ~"""
D Announcements/Presentations X City Manager's Report , ~.g:
O"l :::s-<
NATURE OF D Administrative D New Business :lea ~z
""....
AGENDA ITEM D Consent Agenda D Legal :x 0
Qz
D D Unfinished Business \.0 ""T1
Code Compliance & Legal Settlements .. ~.
0
D Public Hearing D U1 1#.
n
::z::
RECOMMENDATION: Commission review and Motion to accept staff recommendations based on the new Solid
Waste collection procedures as adopted on June 3, 2008.
EXPLANATION: On June 3, 2008 the City Commission approved a revised City Code Change to Chapter 10,
Garbage, Trash and Offensive Conditions implementing new collection procedures. This was implemented in order to
address community concerns resulting from accumulation of solid waste debris for impn>ved aesthetic appearance.
In addition to revision of the collection procedures, staff proposed to collect Solid Waste on a six-day schedule in lieu
of the four-day schedule and effectuate a budget reduction of$190,000. Staff implemented both changes effective on
Monday, August 4, 2008. However, the actual violation process of fees has been waived since August 4th as directed
by the City Manager in order to give residents ample time to become accustomed to the new rules.
The purpose of this report is to offer detailed information regarding the implementation of both the approved code
change and to discuss the impact of the six-day work week. Both are broken down separately below for discussion
purposes.
CODE CHANGE
The biggest issue of the Code change seems to be the $50.00 fee for early set out of solid waste by residents. Currently
the fee has been waived and only warnings have been issued. Solid Waste staff has tracked all of the warnings that
have been issued pertaining to the new Code. A data base has been maintained indicating the violation and pictures
have been attached for tracking purposes. Since August 4th, 2008 there has been a total of 445 Warnings issued
(Attachment A) and after issuance of the warning, Solid Waste staff have collected the materials within 24-hours. The
percentage of residents based on the number of homes (21,748 homes) setting solid waste out too early for pickup is
2 %. If the $50.00 fee would have been charged a total of $22,250 would have been collected for this violation. Staff
recommends moving forward to begin the charging process of $50 collection charge. The $50 charge is intended to
account for the incremental City cost associated with collecting debris on any day other than the normal collection
day. It is stafrs opinion that simple adherence to collection rules by the public will negate any potential for an
additional $50 charge. Additionally it appears that this will only affect approximately 2% of the residents who are
not in compliance.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
In addition to the early set out fee there have been a total of four (4) warnings issued for illegal piles set out on a legal
day and eight (8) warnings issued for illegal piles set out on an illegal day. This equates to 0.0005 percent of single
family homes not complying with the revised changes.
Since changing the rules allowing residents to place unlimited amounts of vegetation and bulk trash at the curb for a
once a week pickup the requests for "Special Pick-ups" have dropped dramatically. The attached chart (Attachment
B) indicate that for a three month period from August, 2007 through October, 2007 there were a total of 114
customers that were charged an additional fee for refuse pickup, for the same time period this year (August, 2008
through October, 2008) there have been 14 requests. This is proving that with time the debris being placed at thc
curb is in fact removed much quicker and in fact the aesthetics in our neighborhoods has greatly improved. Also
recall that we effectuated an additional $0.25/monthly chargc to pay for this service.
Six-Day Work Week
On August 4th, 2008 Solid Waste implemented going from a four-day work week to a six-day work week. This has
allowed the Solid Waste Division to pickup the routes with fewer vehicles allowing an approximate savings of
$190,000 annually in maintenance and prefunding costs for vehicles. In implementing this change it caused certain
neighborhoods to change collection days that were previously on Tuesday and Friday to a Wednesday and Saturday
collection. Initially this was not popular and staff answered many phone calls and responded to written complaints
explaining the reason for the change. The biggest complaint from residents who now receive bulk trash/vegetation
service on Wednesday is that they are working people and only do yard work on the weekends therefore either
placing the debris at the curb too early resulting in a possible violation or handling the material twice. It does appear
that the public is getting accustomed to the schedule change as the calls have decreased dramatically.
The other biggest complaint is that there are no longer any make up days for the holidays staff does not collect solid
waste. Holidays that will receive no collection are Thanksgiving Day, Christmas Day and New Year's Day. The Solid
Waste Authority is closed on both Thanksgiving Day and Christmas Day. It was stafrs recommendation to not work
on New Year's Day because of concerns that the public would not want collection on this day, combined with our
concern about the availability of staff and/or the safety of staff. If we were to work New Years Day, we know that ou r
absentee rate would be very high perhaps causing us to not be able to complete our routes. Unfortunately, Christmas
and New Years Day fall exactly seven days apart meaning that one sixth of our City will have two weeks in a row
where vegetation and/or bulk trash and/or recycling may not be collected. In following years, different parts of the
City will experience this phenomenon as the calendar changes.
We know that many residents will be concerned about recycling and trash collection on the missed days. As a result
immediately after Thanksgiving staff will advertise drop off locations for recycling products as follows:
City Drop Off Site - All recyclable materials, Public Works Complex, 222 NE 9th Ave. from December 19th thru
January 9th.
There are three additional drop-off locations for paper/cardboard ONLY located at:
Wal-Mart - Old Boynton Beach - West Side of Parking Lot
Sun-Sentinel - 4935 Park Ridge Blvd.
Corporate Drive - 1800 Block - West Side of Parking Lot
Summary
Staff has worked diligently on educating the public related to the changes in Code requirements and announcing the
six-day work week. Door hangers were placed on every resident's home and updated brochures where mailed in the
water bills. In addition our Code Officer has done a good job in educating residents when leaving warnings at their
homes. We are beginning to see the positive results and believe the public is becoming accustomed to the new rules
and the new six-day work week. This is indicated by observing fewer phone calls coming in to the main office, less
. S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
requests for special pickups and improvement in the aesthetics of the neighborhoods by not having the debris at the
curb for long periods of time.
Recommendation
Staff recommends that the violation fees be implemented for those who are not complying with the Code changes and
that the six-day work week is continued.
PROGRAM IMPACT: N/A
FISCAL IMPACT: Savings from changing work week of $190,000 annually.
AL TERNA TIVES:
#1. Not implement the fee structure and allow material to remain on the street until the. next scheduled pickup day.
#2. Return to a 4-day collection schedule (Monday, Tues, Thurs., Friday). This will require a cut of $190,000
annually elsewhere in a general fund program and would require additional expenditures for re-advertising the
change in service, i.e., door hangers, temporary labor which would cost approximately $10,000.
(l1;i~ Q;~ i~~ i~~
Department Head's Signature City Manager's Signature
Uot<)(:5 Assistant to City Manager C#t1/
'~bl,'e,
Department Name City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
A TT ACHMENT A
SOLID WASTE CODE VIOLATIONSIWARNINGS - 2008
Based on 21,748 Homes
Percentage Based
August September October Total on # of Homes
Warnin s Warnin s Warnin s
Early Set Out*
ESO 122 159 164 445 2%
Legal Day**
ILD 2 2 0 4
Wrong Day***
110 2 1 5 8
*ESO - Early Set Out - $50.00 Fee (Waived) - Early set out (within specifications) - Residents who place trash out on the wrong day
will incur a $5000 fine, The trash will be removed immediately and a door hanger will be left explaining the violation The charge
will be added to the resident's water bill.
** ILD - Illegal Pile on a Legal Day - Illegal Pile (placed curbside on proper day) - Illegal pile exceeds more than one cubic yard of
Construction and Demolition Material or is vegetation exceeding cuts of 4" x 4' in length. Residents will receive a door hanger
explaining the violation, including a price quote and a time limit of 24-hours to rectify the situation. If the pile is not removed within
the 24-hours Solid Waste will return and pickup the pile, take a picture and residents will be charged on their water bill.
***IID - Illegal Pile on an Illegal Day - Residents who place trash out on the wrong day and who place trash and/or construction
debris that is outside the limits (i.e, vegetation bigger than 4" x 4') will incur a special pickup fee determined by supervision. A door
hanger will be left and the pile will be removed immediately The fine will be added to the water bill.
:; \F'W\Solid Waste\Solid Waste Codes\SW Code Violations-Warnings 2008
I.
ATTACHMENT B
VEGETATION, TRASH, & CONSTRUCTION DEBRIS SPECIAL PICK-UPS
AUGUST, SEPTEMBER, OCTOBER 2007 VS. AUGUST, SEPTEMBER, OCTOBER 2008
Vegetation Trash C&D Total
Special Pick-Ups Prior to Code Change
August 2007 15 11 13 39
September 2007 13 6 15 34
October 2007 21 10 10 41
TOTAL (3-MONTH) 49 27 38
Special Pick-Ups AFTER Code Chanae Effective Auaust 4, 2008
August 200a 2 3 5
September 2008 1 4 5
October 2008 2 2 4
TOTAL (3-MONTH) 3 2 9 14
.. . .~<.- H ",.>,
TOTALS AT-A-GLANCE:
2007 49 27 38 114
vs.
2008 3 2 9 14
S:\PW\Solid Waste\Special PU Tracking\SW Residential P-U 2007 vs 2008
IX. - CITY MANAGER'S
REPORT
CITY OF BOYNTON BEACH ITEM B
AGENDA ITEM REQUEST FORJ.n
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to Citv Clerk's Office
0 August 19, 2008 August 4, 2008 (Noon) 0 October 21, 2008 October 6, 2008 (Noon)
0 September 2, 2008 August 18,2008 (Noon) 0 November 5, 2008 October 20,2008 (Noon)
0 September 18, 2008 September 2,2008 (Noon) o November 18, 2008 November 3, 2008 (Noon)
0 October 7, 2008 September 15,2008 (Noon) ['2J December 2, 2008 November 1 0.2008 (Noon)
0 Announcements/Presentations ['2J City Manager's Report
NATVREOF 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 staffrequests City Commission review and direction regarding the status of public and/or
private use of the street right of way on NE 12th Avenue that extends into a finger canal of the Intracoastal Waterway. This
portion of city right of way is presently being used for private boat dockage.
EXPLANATION: The City Commission will find attached the agenda item scheduled for August 5,2008 wherein the matter
of disposition of the NE 12th A venue public right of way extended was to be considered. This item was tabled on that date
and then tabled again on September 18, 2008 to the December 2,2008 City Commission meeting. Information relative to the
original agenda is once again included with this packet. Please note that the original staff recommendation contemplated
removal of a private dock space that encroached into the public right of way. Staff also noted that abandonment of the public
right of way was an option as well if so desired by the City Commission. Since tabling this matter, numerous other
discussions, meetings, correspondence and record requests have provided additional insight into this matter. Therefore, the
report prepared for the August 5 meeting will be appended herein.
The City has received the following items since the September 18 meeting. Staff discussion of each item is included.
1. September 18, 2008 correspondence from Vincent 1. Piazza, counsel representing David and Robin Hemingway, 610
Mariners Way.
This correspondence illustrates significant records research on the part of Mr. Piazza. Essentially, it is Mr. Piazza's
position that it was the City's intent to allow the property owner of 61 0 Mariners Way to use the portion of the canal
owned by the City for private dock purposes. Mr. Piazza relies primarily upon two permits issued in 1988 and in
1989 by the City Manager to the original homeowner of 610 Mariners Way.
Staff Analvsis
The most relevant documents provided by Mr. Piazza are the two permits issued by the Interim City Manager,
George Hunt, to the original property owner of 61 0 Mariners Way. Staff was unable to find these permits in City
records but the permits appear to be properly executed and recorded. Therefore, sincere consideration must be given
to these documents at this time.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
First, in 1988, the Interim City Manager issued a revocable permit to construct a private bulkhead and deck withll1
the City right of way ofNE 12th Avenue extended into the Canal. This pernnt seemingly allowed the owner of () 11
Mariners Way to construct a dock within one-year time frame as the pennit was valid for one year only.
Second, and more importantly, the Interim City Manager Issued a modified permit 111 j 989 to allm\' continued u~e ul
the right of way. This 1989 peIll11t IS the most relevant because it does not reference a one-year duration and is the
latter of the two permits. It does however, seem to expire upon the sale of the property (paragraph 3.f) and can alsu
expire if proof of insurance (paragraph 3.d) is not provided to the City. We know that the original owner sold t]w
property but we do not know if either of the owners complied with the insurance requirements
From the perspective of engineering staff, the 1989 pernnt provisions are no longer valid nor do the provisiom match
the conditions on the property, as they exist today. Furthermore, the pennit fee paid in 1989 (525) does not rdll'"
current market conditions for the space.
However, it very clear that it was the intent of the Interim City Manager to allow the O\vner of 610 J\1ariners \\ a \ the
use of this right of way for bulkhead and deck use. Although the property has since sold, and insurance requirement"
have not been complied with, the City Commission could certainly choose to honor the pennits granted by the
Interim City Manager in 1988 and 1989. Staff was not able to find any substantiating documents wherein the Lit,
Commission discussed this matter although that is not to say that the Interim City Manager did not confer with
members of the Commission when the permits were issued.
2. October 2,2008 correspondences from Michael Weeks, counsel representing Robert and Paula Melley, 720
Mariners Way. Mr. Weeks advises that there is currently separate litigation pending regarding usage and ownership
of docks within Mariners Way HOA common ground. Mr. Weeks requests that the current right of way issue not be
addressed until such time that the litigation is resolved.
Staff Analysis
This matter was referred to City Legal Staff
3. October 13, 2008 correspondence from James Cherof, City Attorney, to Mr. Weeks requesting a copy of the abO\ e
referenced lawsuit.
Staff Analysis
City Legal staff has not received the requested infOlmation.
4. Public Records Request from Vince Piazza received October 13 wherein a request was made for all recent letters
sent by Mariners Way homeowners or their counsel.
5. October 23, 2008 correspondence from Edward Dicker, counsel for the Boynton Mariner Village HOA (south SIlk
of the canal), requesting that the City consider abandoning the NE 12th A venue right of way. east of the seawall Thl'
Mariners Way HOA is on the south side of the canal.
Staff Analysis
Boynton Mariner Village lies on the south side of the property. Boynton Mariner Village HOA does not own land
that would be the beneficiary of additional property from any abandonment. Rather, the private property owner.
Steve Constantine, owner of611 NE 1ih Terrace, would receive the land. The HOA has an interest though. Th\.'
individual condo owners own all private parcels on the south side of the canal. The HOA maintains an easemenl
over these private parcels for the purpose of canal maintenance. If the canal were abandoned to Mr. Constantin\.'
then the HOA would likely require Mr. Constantine to provide a similar easement. This is. however. a private mattn
that would not involve the City.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOl'
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
6. November 19,2008 correspondence from Steve Fleck, Mariners Way (north side property) HOA President. Mr.
Fleck advised that his Board of Directors is willing to accept the NE 12th Avenue right of way should the City
Commission choose this option. Mr. Fleck further notes that the HOA would assume all responsibility for the right
of way.
Staff Analysis
For any public abandonment, it is always desirable to have the receiving property owners be amenable to the
abandonment. In this case, the HOA is willing to accept ownership of one half ofthe canal right of way. The HOA
would then be responsible to determine final disposition of Mr. Hemingway's dock and not the City.
7. November 18, 2008 correspondence from Steve Constantine, property owner of 611-1 NE 12th Terrace (south side
property). Mr. Constantine advises that he too is willing to accept the abandoned right of way.
Staff Analysis
This acknowledgement, combined with Mr. Fleck's commitment, confirms that both property owners (north and
south) are willing recipients to any abandoned right of way.
Staff Summary
As noted earlier, it was stafTs prior recommendation that the City simply remove the dock. However, staff believes the
information provided by Mr. Piazza related to permits issued in 1988 and 1989 certainly show that it was the City's intent to
issue permission to use the City right of way to the original homeowner of 610 Mariners Way. Future property owners may
have relied upon that as well. Staffwill acknowledge that the provisions of the permit were not followed in that the property
was sold and insurance documentation was not submitted to the City thereby potentially causing the automatic revocation of
the permit. Therefore, it would appear that the permits may no longer be valid and the City permission to use the right of way
may be revoked.
Perhaps to address this it is necessary to re-visit 1988. The original homeowner of 61 0 Mariners Way was confronted with a
unique situation in that his/her property was the only property in the Mariners Way HOA that did not have full dock access to
the approximate center of the canal. All other Mariners Way homeowners have the ability to construct dockage in the canal
that is half owned by the Mariners Way HOA, not by private individuals. The Mariners Way HOA must administer rules and
procedures to properly utilize this common ground. There is obviously a difference of opinion on how these rules are
administered. But, that is a private matter for the homeowners to resolve and appears to be the heart of litigation referenced by
Mr. Weeks.
Staffs initial recommendation was to simply remove the dock. However, if we wish to honor the intent of the Interim City
Manager's permit in 1989, it would be necessary to create a new mechanism whereby the homeowner of6l0 Mariners Way
can make use of this land for dock space as is currently being done. A permit is not the best means to do this. Therefore, if it
is the intent of the City Commission to offer the use of this land to the adjacent homeowners, this can be accomplished in two
ways:
1. Abandon the NE lth Avenue right of way from the east line of the seawall to the easterly terminus of the right of
way
This alternative would simply transfer ownership of the land to the Mariners Way HOA on the north and to Mr. Steve
Constantine, owner of 611 NE 12th Terrace, the property to the south. Mr. Constantine, owner to the south, is also
desirous of having dock space as he is the only owner in his HOA to the south whose property ownership is not to the
approximate center of the canal. Both referenced entities have expressed an interest in the abandonment.
Normally, the City would seek fair market value for the land and, by the amount of discussion of this topic, there
certainly appears to be value to some. However, to the City the value has to also include the role, or lack ofa role, that it
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
wishes to continue to play in this ordeal. There are certainly compelling reasons to abandon the right of way to adpu:nt
propeny owners and let them deal with the issues fairly as they do with all other properties adjacent to the finger canal
2. Maintain City ownership of the right of way but license its use.
A license to a private entity to use the public right of way is a far more appropriate tool to allow for continued pm all
dock usage than was the permit issued in 1989. A license agreement would require City Commission approval rather
than simply City Manager authorization. However, a license agreement would require continuous City oversight through
the coming years. Frankly, with dwindling financial and staffresources, this is not something we should entertain at 1hl'
time.
PROGRAM IMPACT: Any continued City ownership of the NE lih Avenue right of way, east of the seawall, would
require staff oversight. Abandonment of the right of way would remove the City from future maintenance and other disputes
FISCAL IMPACT: It could be argued there is value to the public right of way ifit is abandoned. However, that is the case
with all rights of way that we choose to abandon. Many times, there can be a much better use for the property if under pm' ate
ownership as we have seen with a number of alley abandonments the past few years. This is a policy decision for the Cil\
Commission.
AL TERNA TIVES:
Summary of all alternatives as follows:
1. Abandon the right of way east of the seawall
2. License the use of the right of way
3. Remove the docks and continue City maintenance of the canal right of way
() eft i
I
r i / a
'~vt~
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i City Manager's Signature
__J)ubL!~ lUc)(L.? Assistant to City Manager l~
Department Name City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM\)()C
~THEWS tJ gqAZZA,P.A. 6)
ATTORNEYS AT LAW
JVnton Beach Office Boca Raton Office
1325 S. Congress Avenue, Suite 104 9033 Glades Road, Suite 0
Boynton Beach, Florida 33426 Boca Raton, Florida 33434
Telephone (561) 738-5501 Telephone (561) 477-3447
Facsimile (561) 738-7692 Facsimile (561) 477-0817
------- ------...
George W. Mathews gmathews@mppalaw.com
Vincent J. Piazza vpiazza@mppalaw.com
September 18,2008
/~);/I., .
Jeffrey Livergood ' JctElu
.... ~D
Director of Public Works and Engineering SI"P.. "'-. . j
City of Boynton Beach, Florida Ptl".. l~?IJbB
r;..""
1 00 E. Boynton Beach Blvd, .y/ ~'r~
....eiV RlfI,r;
P.O. Box 310 {)'ltln~
Boynton Beach, FL 33425-0310 ~t,--
Re: Client: David Hemingway and Robin Hemingway
Property Address: 610 Mariners Way, Boynton Beach, FL 33435
Subiect Matter: A portion ofN.E. 12th Avenue lying in a Navigable Canal Waterway
Dear Mr. Livergood:
As you are aware the undersigned counsel represents David and Robin Hemingway
("Hemingways"), the owners of a home abutting a canal which was formerly used as a road right of
way known as N .E. 12th Avenue f/k/a Maryland A venue. The Hemingways' property is on the north
side of the canal and in a community known as Mariner's Way. The subject portion ofN.E. 12
A venue is presently lying underneath a canal that is navigable water.
I have conducted a title search and investigation of the recorded documents relating to that certain
portion ofN.E. 12th Avenue which is the subject matter of recent complaints received by the City by
other property owners in the Marnier's Way community. The following is a factual scenario of the
results. For convenience, I am enclosing copies of all the recorded plats and documentation as
referenced herein.
In 1950 N.E. 12th Avenue f/k/a Maryland Avenue was dedicated to the City of Boynton Beach
through a plat known as Wilms Way Plat and recorded at Plat Book 23, Page 110. The dedication
to the City provides that the avenue is dedicated for the perpetual use of the public as a public
highway and if its use as a public highway is abandoned or discontinued, the interest in the avenue
shall revert to the adjacent property owners.
In 1964 the Board of County Commissioners of Palm Beach County approved a petition to vacate
a portion ofthe Wilms Way Plat. In essence, Lots 1 through 8 on the north side ofN .E. 12th A venue
and Lots 18 through 26 on the south side ofN.E. 12th A venue were vacated. As part of the County's
vacation of the Plat, all ofN.E. 12th Avenue (Maryland Avenue) lying east of the westerly lot line
for Lots 9 and 18 was vacated. The County's Resolutions are recorded at O.R. Book 789, Page 571,
U.R. Book i 061. Page 596 and OR Book 1 U6h. Page ) 4~).
Thereafter, the property to the north of the vacated road \vas replatted tll \\hat IS no\\ kno\vn d"
Mariners Way recorded at Plat Book 52, Page ]lj:i. The propel1y to the south ofN.E 12th Avenue
was replatted to what is now known as Lake Worth Mariner Village recorded at O.R. Book 33. Pai!l:
41. A revie\v of both plats reveals that N.E. ]2th Avenue was not vacated enough to encompass the
rear of Lot 1 in the Mariner's Way Plat (Hemingway's Property) or all of Lot] in the Lake \Vorth
Mariner Village Plat. Notwithstanding, the canal was actually dug to encompass all of Lots 1 in btl1l
plats. It can only be presumed that the road was not vacated further west by the developer becau\t'
at the time of the vacation in 1964, the intent was to use old Lots l) and ] 8 ofthe \V ilm' sWay Plat
as perpendicular access roads for the new lots in the new plats of Mariner's \\'ay and Lake W()rtli
Mariner Village. At the time of the actual re-platting the properties, some 11 and 20 years later
respectively, the developer used only a portion of Lots q and] 8 for road access and as a result. Lot>
1 on each plat was pushed westerly, lying and abutting the subject portion N.r:. 121h Avenue.
In 1988 the developer of Mariner's Way recorded a Second Amendment to Declaration (11
Restrictions specifically addressing the construction of all of the docks in the Mariner's Wm
including the subject Hemingway dock. The Second Amendment was recorded at O.R. Book 57] 1
Page 82 and reveals that the developer in fact obtained all the necessary governmental approvab
needed to construct the docks and actually completed construction of the docks as of June of] 9XX
It is important to note that the Second Amendment attaches an Exhibit showing a diagram 01 the
docks as constructed, including the Hemingways' dock which is now the subject matter for the eit:-' s
consideration. The drawings reveal that the Hemingways' dock was constructed into the canal
encompassing N.E. 12 Avenue and generally in the same shape and design as it exists today.
Thereafter in 1988 and 1989 the City of Boynton Beach issued two (2) additional permits granting
the Hemingways' predecessor in interest, John and Marilyn Schiano, the right to "'add to'" his dock
and moor his boat into the part of the canal containing the N .E. 12th A venue road. Mr and Mrs
Schiano purchased Lot 1 directly from the developer in ] 987. 1 was able to contact Mr .lohn Schian\)
and he advises that the dock as constructed by the developer was in fact as referenced on the Second
Amendment, however, since this dock was at the end ofthe canal, the corner of the dock would build
up so much soot and debris that his boat would bottom out. In order to alleviate this problem, he
applied for a permit from the City to extend the dock a few more feet to the midway point of the
canal so that he could moor his boat north and south. He advises that he expended thousands u1
dollars to add to the dock and use it long tern1. See (l.R. Book 5~64, Page 1789 and (l.R. Bonk
6266, Page 714.
Now approximately twenty (20) years after this dock has been in existence, this issue has been
brought to the City of Boynton Beach's attention as a result of complaints received by other property
owners in the Mariner's Way Homeowners' Association. There is suspicion that these complaints
derive out of internal conflicts within the Homeowners' Association. ofwbich Mr. Hemingway!s
the current Vice President and Mrs. Hemingway the former President of Mariner 's Way Homeowner
Association.
A review of the documentation regarding the subject dock reveals the Hemingways' legal right to
use the subject dock and to moor their boat thereto. In ] 986 tbe developer obtained all the necessary
approvals from the governing authorities to construct the subject dock as designed and presently in
place. In 1988 and 1989, the City of Boynton Beach approved the subject dock to be constructed,
and granted a permit for its use and in 2001 when the seawall collapsed and knocked the subject
dock over, the City reconstructed it consistent with its previous design, shape and characteristics.
At the time of reconstruction of the dock it was decided that the dock be separate from the seawall
as to not to cause this private dock to be attached to the public seawall.
In addition to my clients' authorized use of the dock, the portion of the road lying underneath a
navigable waterway/canal has obviously been abandoned and its use discontinued as a public
roadway. In accordance with the terms of the original Wilm's Way Plat dedicating N.E. 12th
A venue, the abandoned or discontinued use as a roadway reverts ownership of the land back to the
adjoining property owners, ie, the homeowner's associations.
At this time, the City should formally abandon that portion ofN .E. 12th A venue presently underneath
the canal and not being use by the public or at the very least, provide for the continued use by the
Hemingways as in effect since 1988.
estions, please feel free to call me.
cc: David Hemingway and Robin Hemingway
Keith Backer, Esq.
James Cherof, Esq.
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113.~~flrf ti.;,.~r.c '~l',t.-';; -thAU b.inr;> :10 o!Jj ~crt: bl\Z ot!tiud. ~.o tt.~
~&d&t~~ et t~~ ~ztion of said vt~t,
Not, :rtnr.1UIT'CR't. !:1 IT REOOLVbD :ti :till! ,&'.)}JU: OF G.;t'!.lTY cmlneN
e;:C~1!t(e CJ' P!i.tt.! '3iilCB C~T'l. :?tOif!r:J.. 1l."\ U"i41f.,X' ~tlnbn /1.eul~bl..d
C".l!, 't:,;, Iii , 1::J:.~ ;..1-th cl,~J" e~ Jun., .A.D. l~t\2, $0,,;( 'i:\lt ftutlW~i~Y pol".cyidad
.f!n:t l.'1'\ e.cHc!'.1l s,\:t.H l!nd BL30, :?lc::'::'d.d ~~..1;;,:,hl\ l~!!l, ~h~t .it
::b~~ t-AII,:nJ:l:Y V'il:oa~l:\ th'll portion at! thlt pl..!.t dnClii~(,l, .u tcUO\i11 i
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3k<t~ 1:..., p~~ 11el, tllQ,l'lll ~ll.riicro1u 4)' dJ1l1110TiMd. u LoGie
J. ~~Ol.:lJb, Ii iu1%G1in ~d ~t.~ H thr~~ n ~\11U1i'N.f . ,.
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AYI&'imlSi ::'ying J:.ui: !:If th~ 8outlhll'lgo;.y ~t~..s.Cl'\ ,ct' t~.'(I$u~
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, :n.om ~ t28rl~ ti~.~fClqt pWliQ ~~tiHt~ *UM4C'trt
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H.AJ IMC 2~f 7!20/6~ (~~'.265.51
---- --
~Ull0Gl fbGE 596'
n -"-"- --.--.---..........------. ------ ,~~
JLn. ~~ .!-~-u
II1i7 AN 'il4 A RE5DLrJTION
:1 VACATING PLAT IN WIlMB WA:'1.
... II
11.3641 II ooYN1'ON BEACH, FLORIDA
ADOPTED JULY 1'1, 1954
Ii
WHEREAS, JAY VILLARD CORPORATION and JCBEPH LaPIDES dI1d
IJ
I HELEN LaPIDF.:J, hil5 '\IIife, did on July 13, 1964, file with the
I
I Board of County Commis8ioner~ of Palm Beach County, Florida, a
II
petition to v~cate portion of the plat of WILMS WAY, 1'1. subdi vi -
~don of the City of Boynton Beach, Florida, filed in the offioe
of the Clerk of the Circuit Court in and for Palm Beach County,
I
I Florida, recorded in Plat Boor 23# Poqe 110, and it being nhown
!
I
I oonalucively to the Board that the abov~ named petitioners making
I
application for Bold vacation own th& fea simple tit16 to the I
I
I
real estate ooverod by said $Ubdivi~ion ~ouoht to be vaoated, and :
that there are no oB,er persons owning othar paxt~ of ~aid portion
of naid 5Uhdi~i~ion who would be affected by the Tdcation of th0
portion 5ou~ht to be vaoated, and that the above ndmed petitioners
in m.ol:ing !I!lld applic ,!:ion for vacation did 9"1V6 leqtll notioe by
publi~hinq 5ame in the Boynton Beach Star, a new~aper published
in p~ Beach County, Florid~, nearest the tract or parcel of
I land, in the weekly i~~ue5 of June 18 and ~5, 1964, &nd that a
proof of uuch publioation i~ attached to 6~id ?etition; together
vith Certificate of the Cler~ of the Circuit Court, showing that
all State of Florida and i':uunty of J'I:1lm &ach taxes have been paid
on the a,D:,7e property for all yeara prior to and through the ye<'U"
I 1963, Baid Certificate bein<;r dated the 19th day of June 1964; also
a Certificate of the County T~ Colle~tor ehowing that fill State
of Florid.! ~d County of Palm Beach Taxes have been paid on tha
$aid prope:rty for the yeM 196::1, 'Which oertifico.te is dated the
II 19th day of June 1964} also a Certificato trom the Tax Collector
Ii of tllB City of Boynton Beaoh, Flodda, showin'1 that d11 municipal
I taxee and Mtletllmlente ha.l"e been paid on tho property for all year/!
prior to and includin~ L~~ ye~r 1963, which C~rtificate is dated
the 19th ds)' of June 1964, and a oertified reeolution adopted by
the City Council of the City of Boynton BOdCh, Florida, dated the i
I
I
I, (p 0 , I
-.<.-
130^RD OF GOUNrv COMMISSIONERS i
~ '",:&'JLL "AI..~ tJ[A.CH COUNT)', ,"l..O~IO^
I
~-lV>~M/1
-.-- --'. -..--- -
-
,_._--~-'- ... -----
. -- I
- m~ib10G1 PAGE 597
.
t' "; .
21lSt ci.ay of October 19~~, vace.tinr;r Lot 18 of WIIMS WAY; . and a
oertified copy of a resolution adopted b1 the city Council of
tl}e City of Boynton Beach, Florid,,-, dated the 12th day of June
1964, v~c~tin~ and abandoninq ~ject five (5) foot publio
1 utility eanement alonq the south side of Lot8 18 throuqh 23
inclucdve, WlUt.....'3 WAY; aud the Bolird of County COllllnilJeionen
finding that there being no objections offered to the vacation
of the portion of said platJ
NO\II', THEREfORE, BE IT RESOLVED IJY THE BOARD or COUNT'{ ~-
MISSIONERS OF PALM BRACH OJUNTY, rrntIDA, 1'n session dssembled
on this, t~e 17th day of July, A.D. 1964, under the authority
provided for in Sections 192.29 and 192.30, Florida Statutes
1963, that it doe~ hereby vacate the portion ot the plat
desoribed as fol1OW5t
Lot 18, \'lIlltlS WAY, a l5'tl.bdivhion of the City of
Boynton Beach, Florida, dccordinq to the Plat
thereof rocorded in Plat Book 23~ paqe 110,
TOGETlIER with that eertain f1~e \5) foot publio
utility eaBem.ent lying alon{1 the south side of
Lots 18 throuqh 23 inclusive of said WILMS WAY
Plat, recorded in Plat Book 23, Page 110 public
reaord~ of Palm Beach County Florida. (Lots
19 through 26 of said wrms WAY have heretofore
been vac~ted by resolution of Palm Beach County
Commission, dated June 18, 1962) .
BE IT FURTHER RESOLVED that the aho"t6 deaoribed property
oOTer@d by the portion of said plat Yacatad is hereby returned to
acreage tor the pu.rpose of taxation.
BE IT FURTHER RESOLVED that this resolution lJhall lte::re the
effect of vdoatinq ~ll 8treete and alleys which have not become
hiqhway~ n9oeB8ary for Use by the traTe11nq publio, and that the
YB.cation ot the portion of said ~:at shall not become effective
until d certified c~py of this resolution ha~ been filed in the
office of the Clerk of the Cirouit Court of Palm Beach County,
rlorid~, and duly recorded in the public recor~ of ~aid County.
.Edward Bandlow .
Paul Rardin Chainnan
ATTESTl J. ALEX ARNETTE, E. F. Van KesBlSl ~~
ClerkQ Ci:x::~i t Court Lal::e Lytal
By H~ en K..Baker .
D t Cl k George Warren
epu y er As and conBti~uting ~e ~ember$ of
the Board of ounty Omro.1flsionera tit
BOARD OF COUNTY COMMISSIONERS Palm BeB.ch County,
.."'.... nAC'" COUWTY. ~'-O'''O'' Florida
~.,. ;{ I ,~\~,; '1".. ~\ 'J
.
m;~bl0Gl PLCE 598
STATE OF FLORIDA } SS.
COUNTY OF PALM BEACH
I, J. ALEX ARNETTE, Clerk of the Circuit Court of the
Fifteenth Judicial Circuit and ex-officio Clerk of the Board of
County Commissioners of Palm Beach County, Florida, do hereby
certify that the above and foregoing is a true and correct
excerpt from the County Commissioner's Minutes of Meeting
held __L~Y_},_~_________, 196_1, as same appears of record in
County Commissioners' Minutes No. ___3_i!________ in this office.
IN WITNESS WHEREOF, I have hereunto Bet my hand
and seal of said Board, this __t,(t.l:t day of __J\-LU_______.__ ____,
A. D, 196_1.
J. ALEX ARNETTE
;~ftrJ;l!\;~f~~~..': Ex-officio Clerk, Board of
~~?d~~
Deputy Clerk
.,....,,,.>...-.'"('\)\1:.., - -: ",' .
:fi~~~gi%!t~, d:..;
Recorded in Official Record ~ooQ
of P:Jlm Be~',h county, Florida
J. ALEX ARNETTE
CLERK OF CIRCUIT COUHll
"
. --- '.< .'1
-~--~- ......:.
...:::~ WL h- ~ - ,..--- ~..",--!,"- '~ ~ .....
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231 HJlJ :MC ?-6 7/20/64 (37~265.51)-
. ,
..... ,
~h~~1066 PAGE 14~ \~
I, Auc 3 4 23 PM '6~ A REOOLUTIOH
VACATING PLAT IN WIlMS WAY
BOYNTONBEACH, FLORIDA
ADOPTED Jill...Y 17, 1964
WHEREAS, JAY WILLARD CORPORATION and JOSEPH LaPIDES and
HELEN LaPIDES, his wife, did on July 13, 1964, file witll the
Board of County Commissioners of Palm Beach County, Florida, a
petition to vacate portion of the plat of WILMS WAY, a subdivi-
sion of the City of Boynton Beach, Florida, filed in the office
of the Clerk of the Circuit Court in and for Palm Beach County,
Florida, recorded in Plat Book 23, Page 110, and it being shown
conolusively to' the Board that the above named petitioners making
applica.tion for said vacation own the fee simple ti He to the
real estate covered by said subdivision sought to be vacdted, and
that there are no other person$ owning other parts of said portio
of said subdivision who would be affected by the vacation of the
portion sought to be vacated, and that the above n~ed petitioner
in lIl~inq Baid appLication for vacation did 9'i ve legal notioe by
publishing same in the Boynton Beaoh Star, a newspaper published
i~ Palm Beach County, Florida, nearest the tract or parasl of
land, in the weekly issues of June 16 and 25, 1964, and th~t a
proof of such publication is attached to 9aid petition; together
I with Certifioate of the Clerk of the Circuit Court, Ghowinq that
all state of Florida and County of Palm Beach taxes have been paid
I on the above property for all years prior to and through the year ~
1953, said Certifioate being dated the 19th day of June 1964; also
a Certificate of the County Tax Collector showing that all State
of Florida and County of Palm Beach Taxes have been paid on the
said p~operty for the year 1963, whi~_ oertifioate is dated the
19th day of June 1964; also a Certifioate from the TaA Collector
of the City of Boynton Beaoh, Florida, showing that all municipal
taxes and assessments have been paid on the property for all yeara
prior to and including tho year 1965, whioh C~rtificate ie dated I
the 19th day of June 1964; and a oertified reaolution adopted by
thA City Council of tha City or Boynton Beaoh, Florida, dated the
.3.;3 0 -1-
DOAR. 01' COUNTY C:OMMtS610NI!:AG
~A~" UACH C:OUHTV, n.OftIOA
I -......---".;...--..... .. --- _~I..flIl_.._-^_..._~; ..~,...'"""':~ -, . ~. .~_._-
..... -,..",.~ . - .....,..... ~ -,..r- ~- ~., ..,., -...
I-
ii
1',
it
I
I,
Ii m;~h1 08G me :lA3
Ii
!
\:
I!
Ii 21st day of October 1963, vacating Lot 18 of WILMS WAY; and a
II certified copy of a resolution adopted by ~\e City Council of
I
I the City of Boynton Beach, Florida, dated the J2th day of June
19tH, v~''''liting ~d v.ba..T1C\oning subject five (5) foot rmblic
I
I utility easement along the south side of Lote 10 through ~!3
inclusive, WILMS WAY: and the Board of County CommiBsioners
II finding that there being no objections offered to the vaoation
of the :portion of said plat;
I
I
I N0I1, THEREFORE, BE IT RESOLVED BY THE BOI1.RD OF COUNTY CCM.
MISSIONERS OF PALM BEACH COUNTY, FLORIDA, in sesBion assembled
on this, Ule 17th day of July, A.D. 1964, under the authority
provided for in Sections 192.29 and 192.30, Florida Statutes
1963, that it does lu:!reby vacate the portion of the plat
desoribed as followa=
Lot lB, WIL'vlS WAY, a subdivision of the City of
Boynton Beachl Florida, aocording to the Pl~t
~tereof reoorded in Plat Book 23, Page 110,
TOGETHER with that certain five (5) foot publio
utility easement lying along the south side of
Lots 18 through 23 inclusive af said WIU~S WAY
I Plat, recorded in Plat Book 23, Page 110 Eublic
II records of Pal~ Beach County, Florida. (ots
19 through 26 of said iiIU.19 WAY have heretofore
been vacated by resolution of Pl'l.lm Beach Connty
I Comroission, dated June 18, 19G2J
BE IT FURTHER RESOLVED that the above desoribed property
covered by th~ portion of said plat vdcated is hsroby returned to
acreage for th(it purpose of td'lCation.
t"'J a':ff1 BE IT FURTHER RESOLVED that this resolution sh611 have the
~~~~ effect of vacating all streets and alleye whioh have not become
O~c:I:r highways necessary for use by the tr dveling public, and that the
"TllTlllio vaoation of the portion of B6id plat 5~~11 not become effe~tive
D x g.;.!l
~". a.
g~gnt. I until, a oertified copy of this rel'lolution haB been filed in the
_25:0 I
-t [TI q <III I
::j . n offiqe,of the Clerk Qf the Circuit Court of Palxn Beach County,
8 - 0
I m:!li3.;
@ g.o:l " I,.....: l'
2-8 Floriddft~d duly recorded
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-- ---'-1 LAKE WORTH MARINER VILLAGE -tl
J ., "-.'" A PLAT OF A PORTION OF SECTION 22, TOWNSH I P 45 S, RANGE 43 E. ,*~.' - "
AND ALSO BEING A REPLAT OF A PORTION OF LOTS 18 THRU 26 OF WILMS WAY AS RECORDED IN PLAT i~;M";:;""
BOOK 23. "AGE 110; A PORTION OF GOVT LOT 3, AND LOTS I THRU 5, BLOCK 2, LAKE ADDITION TO BOYNTON ....- " ;'(
:' pc .",.~-~ FLORIDA. AS RECORDED IN PLAT BOOK II. PAGE 71, PUBLIC RECORDS OF PALM BEACH COUNTY, FLOR I DA h:ili~":--".:;,,~
I,~ BOYNTON BEACH PALM BEACH COUNTY FLORIDA ~'~B ~!"LJ"..,,--__
...:~~ . >rr __.o..I'~""";--
"'~~. JOf-<:N .4 GRANT, JR. IN'::: CONSULTiNG FI'iGINEERS 8 LAND SU~VE'tORS BOCA RATON, FLORIC.a ,~'"',,~~P',-;<!_~~~
VI\PC'" 1')"'5 --J- c~
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LAKE WORTH MARINER VILLAGE I 42
A PLAT OF A PORTION OF SECTION 22, TOWNSHIP 45 S.. RANGE 43E. I
AND ALSO BEING A REPLAT OF A PORTION OF LOTS 18 THRU 26 OF WILMS WAY AS RECORDED IN PLAT \
BOOK 23, PAGE 110; A PORTION OF GOV'\: LOT 3; AND LOTS I THRU 5, BLOCK 2, LAKE ADDITION TO BOYNTON
FLORIDA, AS RECORDED IN PLAT BOOK II, PAGE 71, PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA \
BOYNTON BEACH PALM BEACH COUNTY, FLORIDA
. JOHN A. GRANT. JR., INC. CONSULTING ENGINEERS '" LAND SURVEYORS BOCA RATON. FLORID" L
MAPCH '~H6
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JUN-~H988 02:59pm 8.0,-1667...0
OPB '5711 'JC'.', 8:.?
1/8/88
j SECOND AMENDMENT '['0
PREP^RED BY:
MICHAEL M. USTlCK. ESQ DECLARATION OF RESTRICTIONS
[JSTICK & STEINER. P.k
616 E ^TLANTlC AVE.. OF
VELMY BEACH, FLA n~.
, , MARINER'S WAY
->,)~,
//
-' .'~.,.... "'",- i
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1'n e ul\ti:rJ!'}. trned , FI RST OXFORD DEVELOPMENT COMPANY. 11 Florida I
~ . ',' ,
corp~r a t i on >~ ~~~)\.. Deve loper" named in tnat certain Declaration of
,
I:':{ : I
Restrictions dated.. November 30, 1986, recorded in Official Records i
'i~""../. I
\1/ ~"",
Book 5039. Page';1 ~}} of the Public Records of Palm Beach County,
I "~::) I
F+orida ("Declaratiy~i'), and that certain FirBt Amendment to !
\'./ ';\ I
Declaration of Rests~tjons of Mariner's Way ("Firat Amendment")
I \,. ,-., I
recorded on July 2, i'e{'irl Official Recorda Book 5340 at Page 114 ,
,
\
-./..-< '\\ I
at the Public Records ;'~f Palm Beach County, Florida, and as the
(',
/r~.,,''')''
Developer of MARINER 'S WAi:((;::"'iJ,.S recorded in Plat Book 52, Page 193 of
(!;
the Public Records of Palm B~~ch: County. Florida, pursuant to powers
I. 1_,
,reserved in Paragraph 30 of "dn}'.:~t?eclaration. does 'hereby amend the
w_."...J.~!~'_~i~._w.....~__"___
Dec lar 8 t ion.J,.-.g.a_.a.men'd"etr"ny'-t'ne '.'\( f,'2:~ Amendment-;'-'os"-1'frl-lOWllL.._
"'".,,"___ ( I.. -:-l'-----__....__
./..../.'C Developer' 9 appl ieat ion(:;~'f3iJ;' .~~ Indi vidual Boat DOck'S"-;-a~
..,,/ ~.,/"' ,.
/,/ approved. has been modi tied by ~Q.ver'n"m'trntal aut'nori ties so that
,'" \\ . ," ~ ') " " , "
attached hereto as Exhibit "A" is a d1::'a;''d,~~g of the general locations .~
f "
/ \J,' ,"'.',_'1) I \
/ fot:' which Jodi vidual Boat Dock appl i d<t:t:i'6n.s have been approved and
,. ;' ..,,_...,\\/)'-,
\ I ' / -..
( said Individual Boat Docks 1,ave been qOflll"trut:ted, Also attached
( " j
\ hereto is a Schedule of Lots whicr. are he.t;eq~ declared to have an
\ I.., ','
Individual Boat Dock appurtenant thet:'eto anf'~'~'~d Schedule attached
.( /., .~~..,r'-"'"" !
hereto ahall modify. amend and replace the Sco'<;\:dvlf"1 of LotB at~.9.l;;,hed"
(:: ~...~I ~ ,) ,J __, ~..,..._"...,..,.~. ..,.......
the Fl rat Amendment. ,.-_,,~'_...:.~~'f::'''~
.--'-"-'-~_.'''-'" ".....~......-~.-... . '-'~- ,
2. References to Individual Doat Docks S""ji'n(f31 as set forth
in the Declaration are hereby deleted. Said Individual Boat Docks
were not approved by governmental authoritie~ and dr e hereby
declared to be nonexistent and not constructed,
3. Inaamuch as the Individual Boat Dock' on Lot 16, a6
approved, no longer reqllire8 access by means of the adjoining
drainaqe easement, Paragraph 19 of the First Amendment is amended in
its entirety to be as follows:
)
-1 -
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- -- .
u':'._":'_....... ., \,.. ..,.. '.,. ."-'-"- ~.._-
' , --._+--.- '-.' -. -- - ..--.-
.'
ORB 5711 P9 83
I
,
19. Easements are hereby created to al'low ingress and
egress to the Individual Boat Docks of, Lots a and 9 and shall
include the right to construct, ut i'li ze and maintain a walkway
or ramp over and upon the drainage easement located between said
Lots a'and 9 and'to utilize the portion of the Individual Boat
DOCK ~at encroaches onto said easement area, wi thout
inter ing with drainage.
//",~
4. \::"I5u'~:;:so modi fications in the approval of Indi vidual Boat
DPC"kS 3~.\~:~a>)32~, Paragraph 20 of the First l\mendm'ent 1s amended'in
, ,/ -))
its entire~,~'>~'e"'fe as follows:
~-I n
, I J . ,,'
20.\:_As to")the two Individual Boat Docks located over the
water to theJ.ear of the Association Recreation Area which is
east of L6t>~ and east 6f Individual Boat Dock 32, said two
" Individual ;mJc(,~'> Docks are in fact declared to be known as
Individual' 'B"ollt DOCK 32A 'and Individual Boat Dock 32B.
Individual Boat ~K 32A shall be the westernmost of the two and
Individual. Boa~:>-gA>pk32B is declared to be the eqsternmost of .
the two. Indi~~~l Boat Dock 32 shall be appurtenant to Lot
32. Individual ?:EiE~\DoCks 32A and 32B Shall be made appurtenant
to Lots to be de :!..9n!J~d by Developer in the future. In order
to assure ingress landS egress to Individual Boat DOCKS 32A and
32B, thet:e is here"by created in favor of .Individual Boat Docks
32A and 32B the rigl'J.h"~ craBS over and upon a. portion of the
Recreation Area of \_CM~ INER'S WAY as is required to have
reasonable ingress an\:i!. egress to Individual Boat 'Docks 32A and
32B without interfering r1~~ the reasonable use of Lot 32 or the
reasonable use of the (R~breation Area or the improvements
thereon. After DevelopC;fr:!fesignates Lots to which Indi vidual
Boat Docks 32A and 32B are,app'urtenant, the Owners of those Lots
may.assign the right to th~:~ndiVidual Boat Docks to other Lot
Owners by elCecution of a d 'u!JIen:t which ,assigns said Individual
Boat Dock', 'subject to. the ~-er1ils,()and conditions 'herein; said
document must be executed ~~.h' "t-he formality of a deed and
recorded in the Public Reco~na \~:".pa~llJ' Beach County, Florida, in
the same manner as a deed. \S ,))' ,
, \;. '--"
I' .,.......\ +
., 5. If, in the future, governmen~~'E;.I~pproval shall be given for
the construction of additional Indi~(ii~~~>eoat_ Docks, Developer
'c.......,.......... .
shall have the right to add ,said additiohal.J~dividual noat Dock(e)
. ((-~))
to the Declaration. "",0. ~__.
--/.,---,'\
6. The Declar~tion r of Restrictions ~~~~~~allY recorded in
Official Recorda Book 5039,' Page 105. as am~id~::jJK Fir~t Amendment
/1"';
recorded in Official Recorda Book 5340, Page l~~'.~~ of the Publ.ic
~ecords of Palm Beach Collnty, Florida, are hereby con firmed and
,
approved, and are not modi fi(~d or .amended ,except to the extent
sped f i cally set forth herein.
I N WITNESS' WHEREOF, h RST OXFORD DEVELoPMEN'r COMPANY, ~ Florida
hns caused this instrument to be executed th! S .:J1!dJ.-..
, 1988.
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(SOY~QRATE; SE~L)
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ORB 5711 '.1.4 84
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
I HEREBY CERTIFY that before me, a Notary Public duly authorized
in the foregoi ng County and Stat"! to administer oaths and take
acknowledg~n s, pers'onally appe red and
d..... , as
respect ye 1\ of FIRST OXFORD
corpora'Kt6n,:.~ me known to be said officers
and they :_,a~1owledged before me that they executed the foregoing
instr'ument>'.>-e,r/ stt9h officers of said corporation, by authority vested
'in them by\'a~JCl corporation, as the corporation's true act and deed
and for the\~urR~ses therein expressed.
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WITNESS mY'c~~~and official seal in the County and State ldSl
aforesaid this, /; day Of~~J 1988. ._
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Notary r
My commission expires:
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" , ORB 5711 P'3 87
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ORB 5711 P9 89.
CONSENT OP MORTGAGEB
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\(i~;>un~erGignOd, ENSIGN BANK, FSB ("Mortgagee"), the owner and holder
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of '8 mortg&~~~ff~n FIRST OXFORD DEVELOPMENT COMPANY, a Florida Corpor-
'I) ;,:.'
ation, dated\'J4,'ril, 2~~ 1986, recorded April 30, 1986, in Official Recorda
~~) '";. -
BOOK 4862, page\' the' Public Recorda of Palm Beach County, Florida, here-
',? f}
by conoents in th'~_ii1ing of the Second Amendment to Declaration of Rostrictiona
. ",X",':.
of HARINER'S WhY, W~f.h~~ assuming liability or responsibility of the improve-
\ >('~'::.:, '
mento described therel~( .'\ ,......""".,
\::~/ )>-:;, .",.,~ ..:.. 11 111/",
IN WITNESS WlIEI\.E9F;.) the undersigned have .sot thei r hands, aod atliU:';"";7. '\
"" -- .: ",l: ~.-' . .... '<;. .
this 9th day of Februarr"{:::;-" 1968. ' !.; / ...r \... \'.
- ,lv'/':-') ~~~.~ I?; ~: !.
WITNESSES: 0, __., ENSIGN BliNK FSB Icql:'porate:..93".ll c:) ./... J
~ 0-;\ ~ L ',<<<.. /"./
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I\~..<:k n. Bruc~ GoUJlUln Ita RegioDal Vice' P,teeideot
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STATE OF' FLORIDA ) \i':' ",'-..,
COUN'l'Y OF PALM [JEACIl) , (';--'Z))
. '.:='....:.-~ '
I HEREBY CERTIFY that before me, a (lf6~~~.:),UbliC duly author1 zed
in the foregoing County and State to admlnJ8tii:~{,(j~thS and take acknowlegments,
peroona1ly appearod II. Bruce Gosman ns ~ional vice President
OF ENSIGN BANK, FSB ("[JANK"l to me known to he tt(q"p~rson deocribed In and
who executed tho foregoing conoont of Mortgagee, \4nd,~h~ acknowledged before
me thot he executed oaid instrument on behnlf of t~9-'.il9"resaid Bnnk by
outhority vosted in him by soid Bank Oil their froo .)e(,'<Jnd deed ond for the
purpooes theroin Qxpreosed. ~~' :.;:,.})
, \(""..!::::..<>, f\
WITNESS my hand and officinl oeal<1n the CountY/9"'td State lallt
aforesaid thin 9th day of February, 1988. C:::..-:.::.:-~ "
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My commiosion expireo: . ........S\\~..:
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.~"~'f.1ry Plltlf/....- 5t.,11) 0'
,Iy Calnrlll:...bl1 l I ~ ~'~f/ll., ot ttlfno
UOlluod IlIr LJ f I:,;J;,: ~:/~ ::rU:.1.'Y J. 1990
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ORB 5711 Po 90
SCHEDULE OF INDIVIDUAL BOAT DOCKS
Identifica~on of Lots with
an Individ a~ Boat Dock Identification of
Appurtenaflt<~ereto Individual Boat Docks
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Lot : \?;~ ~ Individual Boat Dock I r
Lot Individual Boat Dock 2
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Lot 3 Individual Boat Dock 3
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Lot B 0-~/""'" _ Individual BO<11; Dock 8
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Lot 9 \ '_,I J' Individual Boat Dock 9
Lot 10 f/"':....:.< Indi vidual Boat D'ock 10
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Lot 12 \f .' Individual Boat Dock 12
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Lot 13 .../ - -\; Individual Boat Dock 13
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Lot 16 ' ' Individual Boat Dock 16
(C~;~~).':,
Lot 17 (!,/ Individual Boat Dock 17
Lot 19 I, Individual noat Dock 19
Lot 21 . (~;,~~~d i vi dual Boa t Dock 21
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Lot 22 \(<rha.:l>vi d un 1 Boat Dock 22 Ii
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Lot 23 \~a~l>Iid~al Boat Dock 23
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Lot 25 1%1'1..,tl'j.i:ra1 Boat Dock 2S
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Lot 32 IndY';i~~f1 Boat Dock 32
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To Be Designated I nd i viA~a.~\~llba t Dock 32A Ii
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To Be Designated I n d i vi dtl1a 1 .B? a t Dock 32B ,
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\\~J~" CONSENT AND APPROVAL
f . fi~),"
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The undet"signedr/~I:I~ JOSEPH SCHV\vO, III. and MARU..YN ANNE:
\(" .....,
SCHIAVO, his wife, aaG{h~~a~nera of Lot I of MARINER'S WAY. aB
'-~' -\S. .
~eco~ded in Plat Book 5~/ Page 193 of the Public Recorda of Palm
('"A, " --.
Beach County, Florida, he~u) approve and consent to the foregoing
, l!,/
Second Amendment to Declarat~ft~~f Restrictions of MARINER'S WAY.
(( (-'
OAT D this.l, day of ~~\ . 1988.
(/ I /1
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-v~ A~ ::iilL
~~ .' osepn Schiavo. .111
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WItness M . l'~:~~Ann~ Schiavo
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STATE OF FLORIDA) ,(
/:,::;~
COUNTY OF PALM !lEACH ) V. ':1..
1 HEREBY CERTIFY that before me, a Notarl(;J~iC duly autho!:ized
in the foregoing County and State to ad~iniBte~:~9i8 and take
acknowledgments, personally appeared JOHN JO~p{{..ft lAVa, III. an,d
MARILYN ANNE SCHIAVO, hi s wi fe, to me known to b'e...~tn~ persons who
\1' executed the foregofng Consent ~nd Approval, an~c._~~acknowledged
before me that they executed saId instrument as Eneir free act and
deed and for the purpoaes therein expressed.
WITNESS my hand and official seal in the County and State last
I aforesaid this ~ day of CJJt\,/VV...o'-'I\.A.A..~' 1988.. . <, ."
. or; da : ". .:
. . ~;".~: ;J ....~.Ivu../
. My commiSSion expires: . '}'.".....>'>,.'
. . 'r/ r,~. ,,'
.b..OY 'UILlC sun pr ntJtrol..".' .
I In' tOIiJiJUiOIt [,I' Jur( 1I!.lttO
IOiD[D IHAu GU(Ul us. UfIO.
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,.. .' . ORB 5711 P'3 92
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".;;\ pi, CONSENT AND APPROVAL
".1,'
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The undersigned'i<lqQU,IS M. LUPO, JR., and ELAINE LUra, his wife.
\(., ...,
" . (.. "
as the owners of Lot i.C/f',Mj\.RINER'S WAY, as recorded in Plat Book
'--/"<' -'\)
52, Page 193 of the PUb-[:,ic l{ec~f'dB of Palm Beacrh County. Florida.
, ('~3'
hereby approve and conseri~::.y}i the foregoing Second Amendment to
I .
'-~
Declaration of Restrictions ~-~ARINER'S WAY.
th'. (J' d,y 0' ir~, ",v '19~_
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Witn~ss .' a~rl~': u~ ..~d!Y!__..__._ I
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STATE OF FLORIDA )
COUNTY OF PALM BEACH.----- ) , .
V"
I HEREBY CERTIFY that befof'e me, a Notar'y.'py'\Jlic duly authoriz.ed
in the foregoing County and State to adminis~e~_,9~ths and take
acknowledgments, personally appeared LOUIS M')'l:[pef JR.. and ELAINE
LUPO,. his wife, to me known to be the pe,rson"e,>"il.H)~,o/ecuted the
foregoing Consent and Approval,. and they acknOw1:"(!q.ged befof'e me that
I they executed ~aid instrum,ent as their free act'::.~.~Jleed and for the
I purposes thereIn ,expressed.
i WITNESS my hand and offi~a~ seal in the County and State last
aforesaid this ~ day of - ( rq.VI.^--It.-0L~ ' 1988. . ,
f2 il n (;2) r ::
(1 ^~d..\L.b ,-':, ~ " ..J :.-;' '.
Notary PublIc, Sate U ',:,,"
" .',
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My commission expi res: c" ,\>:0
IlOlAnr PuBLIC SIAH or Fl/UIIOA I
"T (0""1551011 UP JUIf[ II;'lV~O i ' '.'
B[)~OlU 'HkU (.[Il[lilL IllS. \,IlO,
v RECORD VERIFIED I
PALM BEACH COUNTY, Fl A
JOHN 8, OUNKLE
CLEAK CIRCUIT COURT
:i..... -~ l:.~ ...__. .." "- .-- .---~-.,-----.-~~..~..,.._'::tT..........~ _.
. ;: - -'
~)~?l Ndv-D7-1988 'D1:12J.188-309374
ORB 5864 p! 1 789
-
CITY OF BOYNTON BEACH, FLORIDA
REVOCABLE ONE YEAR PERMIT TO USE PUBLIC PROPERTY
}J) TO: John J. Schiavo
OWNER OF: 610 Mainers Way
Boynton Beach, FL 33435
1. legal descr1 pt10n of property under perml t:
Lot '1 - Mariners Way
2. Permi 551 on 15 hereby granted to the above named Penni the to use -.
the above descr1bed property belonging to the City of Boynton
Beach, Florida, subjeet to the conditions hereinafter set'forth,
for the following purposes:
Use of property for extensi on of the rear
adjacent residential property: for the
construct10n of a bulkhead; or for the
construction of a deck.
3. Limiting conditions:
a. No improvement, other than that specified in Paragraph 2,
shall be constructed on said property wi thout the perm1 551 on
of the City Manager. Irrigation system for the purpose of ,."
wete r1 ng w111 be all owed.
b. The Perm1ttee shall keep the property free of debris. garbage,
tra sh. and overgrowth as requi red by law.
c. The Permittee shall save the City harmless from any claim,
l1ab1'l1ty. judgment. costs, damages and expenses which ma.y
accrue against. be charged to, or recovered against the City
by reason of the use of said property by the Permi ttee.
d. The Permittee shall maintain liability insurance coverage to
protect against claims by third parties relating to the pro-
perty and shall furnish proof of such insurance as continuous
during the term of this permit. Insurance amounts shall be as
required by the City Manager giving consideration to the use
of the property by the Permittee.
e. This permit ma.y be revoked by the City Manager, upon the order
of the City Conm1ssion, by the filing of a NOTICE OF REVOCATION
1n the Public Records of Palm Beach County. Florida. or by the
giving of notice to the Permittee by mail at:
610 Mariners Way
Boynton Beach, FL 33435
f. This permit shall not be deemed a covenant running with the
land. It shall run for a period of one (1) year. In the
event that the property is sold dur1ng the year that the per-
mit is in effect, the permit will continue to be in effect
unt 11 the end of the one year term.
\
~ g. If any public utilities are located in the above described
property, the City shalt have access to the property At all
times to /IllI1ntll1n same.
tQ
~ h. This penn1t shall be revocable by the CHy in Its sole d1scre-
., ~ -q .:ll t i on wi thout cause.
~ 'C 4. This permit shall be re<:orded In the Public Records of Palm Beach
) 0
~ ,;.!ic~ County. Florida, at the expense of the Perm1ttee.
:5 ~;;; ~
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ORB 5864 p, 1 790
. 5. Penn1tteesha 11 pay a pennl t chaI'Qe Of $1.00 per -.onth. plIyab 18
annually.
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'~/1A:~~
~~~~.
S soy
THE STATE OF FLORIDA ) 7,
COUNTY OF 'PALM BEACH )
BEFORE ME , theunders 1 grled author1 ty. personall y Appeared GEORG'::
HUNT, AsstCHy MAnager of the City of Boynton Beach, Flor1dA, to me well
known to be the 1nd1v1dulll described 1n and who executed the forego1ng
1 nstrument, and he Ilcknowl edged before me that he executed the same for the
purposes therein expressed.
19B.J. WITNESS 'Y HAND ... ome1.1 .", thlo dloJi day ;~f~ .
~"" . ~~e~"\n
TAA~t)C, a e 0 _,'o'r. /a.tJt'h.t~,.~
"~\;J":' :.....:1(.:\:
My Ccmnl 55 1 on Expl res: "",..i,':: :c- ,.'\ .'
Nol 'l~:~{~f F10ridl
My (0 II' Expires AUQ. 19, 191f
II !IIlV f.ln' .liU".'. ill...
THE STATE OF FLORIDA ~
COUNTY OF PALM BEACH
authority, personally appeared
, to me well known to be the 1ndl-
v execu e e forego1ng 1 nstrLll1ent , and he/she
he! she executed the same for the purposes
198.1. WITNESS MY HAND and off1 c1a! seal th1s 31 d day q[tOO1 .
'.,
~
I
My Ccmnlss10n
RECO~D VERIFIED
PAU1 BEACH COUNTY, FLA
JOHN B r)" ,'('-..!:
CLERK CIRCUIT COUR'(
" , .I
r~(f 10 CITY OF BOYNTON BEACH
REVOCABLE PER~m TO USE PUBUC PROPERTY
n(;~ (' NOV-20-1989 J~:1Upro e,9-333601
/ .
el) 714
U) TD: ,lohn J. "-(1111\110 :\00 /.. .-;> hJ.-. ;JCl
Vl\.... - --- .
I OWNER OF: 610 Ma 1 ne rs Way
Boynton Seach, FL 33435
1. Legal descrlptlon of property under pemlt:
Lot fI1 - Marl ners Way
2. Perm1ss10n 1s hereby granter:lto the above named Permatee to use
the above described proflerl.,y h~iMg1n(? to the Cl ty of 8o}'ntcn
Beach. Florlda, subject to the cond1tlons herelnafter set forth,
for the following purposes:
Use of property for extension of the rear
adjacent res1dentlal property; for the
construction of a bulkhead; or for t.he
construct1on of a deck.
3. Llm1tlng condit10ns:
:-1'1
u No 1mprovement, other than that speCIfied 1n Paragraph 2.
~ a.
<<l shall be constructed on said property without the permlss10n
:z; of the Cl ty Manager. Irr1gat10n system for the purpose of
0 watering will be allowed.
....
~ b. The Perm1ttee shall keep the property free of debr1s, garbage,
o:l
l>.. trash, and overgroW'th as requlred by law.
0
t: c. The Permittee sha 11 save the C1 ty hannl ess from any claim,
1Iabll1ty, judgment. costs, damages and expenses which may
accrue against, be charged to, or recovered aga1nst the City
~ by reason of the use of said property by the Perm1 ttee.
>-<
'" d. The Perm1ttee shall malntaln 11ll.bl11ty Insurance coverage to
Cl protect C!gainst cla1,ns by third partles relating to the pro-
i..J
~ pe rty and sha II furnish proof of such 1nsurance as contlnuous
P- durlng the term of th1s permit. Insurance amounts shall be as
i..J
..: requ1red by the City Manager giving considerat1on to the use
P-
of the property by the Pennatee.
e. This permit may be revoked by the Cay Manager, upon the order .
of the Cay Corrrni sslon, by the fll1ng of a NOTICE OF REVOCATION
1n the Public Records of Palm Beach County, Florida, or by the
g1ving of notice to the Pennlttee by mall at:
610 Mariners Way
Boynton Beach I FL 33435
f. Thls permit shall not be deemed a covenant running W'1th the
land. In the event that the property 1~ sold dur1ng the year
tha t the perm1 t 15 1 n effect, the penna will cont 1 nue to be
1 fi effect until the end of the one year te rm.
g. If ony pub11 c uti1itles are located 1n the above descrIbed
prnrert~f. thll C~t:,' ~l1al1 h~':~ 'iCC~:S t., ~ha ,J<cp:rty ilt o~l
t1mes to malnta1" urne.
h. Thl! permit shall be revocable by the City ln 1ts sole d1scre-
t10n w1thout cause,
, ,
!!? , This peiiii1t shall be recorded In the Pub,ic Recorl1s of Pi.l.imBeach
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l:1 County. Florida, a t the expense of the Permittee.
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:u.r::: ~ 5. Penn1ttee shall pay a perm1t charQe of $25.00, payable upon 1 S$U8nce of
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STATE OF FLORIDA
COUNTY OF PALM B~ACH, 55:
BEFORE ME personally appeared,!';'''/i!.(-', /)/Jnilj, City Manager,
of the C Hy of Boynton Beach, and to me we 11 Ifnown and known to me to be
II the lndlvldual (s) descrIbed in and who executed the foregoIng Instrument
and acknowl edged before me that they execl!ted the same for the purposes
thereIn expre~sed.
WITNESS ,fly ha.mj lI11d ufficilli seal this 0& day 01' lJov'. /1['1 .
198
(NOTARIAL SEAL)
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STATE OF FLORIDA
COUNTY OF PALM BEACH. ss:
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iiEF0Kt ME personnaiiy appearea JOfhlV 'J. ..J(I1I/1VO .
to me well known and known to me to be the in lvidual described 1n and
who executed the toregolng 1nstrument and acknowledged before me that he
executed the same for the purposes therein expr~ssed.
WITNESS my hand and official seal this 0(,') day of IV o\J
198i. -
or
/<iy CC\'11IIls!lion Expires:
(NOT ARI AL SEAL) ;Iv:"y Mli<. Sill,' vi ri."dl
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. WEEKS & MACON UP
ATTORNEYS AT LAW
THE WAGG BUILDING
NADINE C. MACON 215 SOUTH OLIVE. AVENUE. SUITE 400 OF COUNSEL
MICHAEL A. WEEKS WEST PALM BEACH. FLORIDA 33401 RICHARD A. HUJBER, P.A.
TELEPHONE & FACSIMILE: (561) 282-9400 PATRICK M, WHITEHEAD. P.A.
INTERNET: WWW,WEEKSMACON.COM
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October 2, 2008 :""''''''~'' ;;';".!;,.:. ,- =",-.:
Mr. Weeks' Direct: OCT () 3 .
(561) 833-4471 ' - , ,
mweekS@Weeksmacon.com ,'.: .
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Mr. Jeffrey Livergood
Director of Public Works and Engineering
City of Boynton Beach
100 East Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, FL 33425-0310
Re: David Hemmingway and Robin Hemmingway
Property Address: 610 Mariner's \Vay, Boynton Beach, FL 33435
Subject Matter: A portion of N.E. 12th Ave. lying in a navigable Canal Waterway
Dear Mr. Livergood:
This office represents Robert and Paula Melley, residents of Mariner's Way in Boynton
Beach, Florida. It has recently been brought to our attention that other residents of the community,
David and Robin Hernmingway, have now requested that the City of Boynton Beach abandon a
portion of N .E. 12th A venue so that the Hemmingways may use the property for a dock. As the
subject property has value and abuts the common property of the Mariner's Way Homeowners
Association, we must object to any such abandonment at this time.
As you should be aware. there is currently an ongoing litigation matter (Case No,:
502008CA024696XXXXMBAI) pending in the Fifteenth Judicial Circuit specifically addressing the
usage and ownership of docks located within Mariner's Way. Until that matter is resolved, we
would ask that the City take no action to disturb the status quo through alteration of the ownership
of property located within or adjacent to Mariner's Way.
In reference to Mr. Vincent J. Piazza's letter to you dated September 17,2008 relating to this
same matter, it is true that the City issued a permit in 1988 which allowed a former owner to use the
dock which the Hernmingways now seek. However, it appears as though that permit expired by its
own terms in ] 989 and was never reissued or paid for again. Since the time that the Hemmingways
purchased their property, they have used the dock as if it were their own, despite the ownership of
it EYtheCity,
.\11'. Jeffrey Lil'ergood
Director o(Puhlic Works and Engineering
October ~. :l()OS
Page :;
As the dock which is owned by the City does not abut the Hemmingways' property, hut
instead abuts common area property of the homeowners association, the Hemmingways should nu1
be given preferential treatment as to its use or ownership, This property has value. and if the Cit:
is to consider transferring it, it should do so in a fashion that ensures that the City is paid a fan
amount for it. I believe the best method for doing so may be to open up the process to competitive
bidding by all residents of Mariner's Way, Alternatively, the City could abandon the property in
favor of the Mariner's Way Association, 1nc, with a requirement that the dock be used exclusi\C'!,'-
as common area property of the association. Either way. consideration must first be given to tlw
Florida Sovereign Submerged Lands Act. which may affect the ability to transfer this propert\,
depending on the dates of improvement back in the 1950' and 1960's,
If you have any questions, please feel free to contact the undersigned. I would also appreclatl'
it if you could give me a brief update on the status ofthis matter. We look forward to working with
you in resolving this issue through a process that is fair to all involved,
~
The City of Boynton Beach
OF'FICE OF'THE CITY A 1TORNEY
100 E. Boynton Beach Boulevard
P,O, Box 310
Boynton Boach. FJon'd/1 93425-0810
(561) 742-6050
FAX: (561) 742'60/54
October 13, 2008
Michael A. Weeks, Esquire
Weeks & Macon, LLP
The Wagg Building
215 South Olive Avenue, Ste. 400
West Palm Beach, FL 33401
Re: A portion ofN.E. 12th Avenue / dock
Dear Mr. Weeks:
I am the City Attorney for the City of Boynton Beach. Your letter dated October 2,2008 has
been referred to me. Please direct any future communications to me.
In addition, kindly provide me with a copy of the lawsuit you reference and any answer and
affinnative defenses filed.
JACllms
cc: Kurt Bressner, City Manager
Jeffrey Livergood, Director of Public Works
S:\CA\LEITERS\Burt Richatds,doc
America's Gateway to the Gulfstream
Tilt j ~J\t ()tficc.\ (.'
Q~ATHEUIS ~
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Lx L4ZZ4, P.A.
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] 3~5 S. Congress Avenue, Suire J 04
Boynton Beach. Fl 334~(i
George W Mathews, III Telephone, 56] - -38-550]
Vincent J Piazza Facsimile. 56J-~3f,-7fic)::
Ms, Janet Prainto - City Clerk
City of Boynton Beach
100 E, Boynton Beach Blvd,
P,Q. Box 310
Boynton Beach, FL 33425-0310
RE: Records Request - NE 12th A venue Matter
Dear Ms, Prainto:
Please accept this letter as a Records Request for any and all letters received by the City regarding the NE
12th A venue matter in front ofthe commission and presently scheduled for hearing on December 2,2008
at 6:30 p.m, This request is limited to letters sent by Marnier's \Vay home owners or their counseL
If you need any clarification regarding this request, you may contact Jeffrey Li vergood, Director of Public
Works and Engineering,
/-;1'
If you have an ~~stions please feel free to give me a call.
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LOG IN NUMBER 10-10-08
CITY OF BOYNTON BEACH
REQUEST FOR PUBUC RECORD INFORMATION 8'=~~~~r\~a,~~[ ;
Request submitted by:
f'T'i 4' ~llI'H~
NAME: VINCENT J PIAZZA
~T'"" He q
MATHEWS & PIAZZA PA i 'r.. ~~i'i ~ \ (;"'il1':': ~J i ~.f.'"
1325 S CONGRESS AVE - STE 104 ~;~:..~;:'- ".!j(,9'~ 0l1J\7
BOYNTON BEACH FL 33426
738-5501
FAX 738-7692
RECORDS REQUESTED:
COPIES OF ANY AND ALL LETTERS RECEIVED BY THE CITY REGARDING THE NE 12TH AVE MATTER IN FRONT
OF THE COMMISSION AND PRESENTLY SCHEDULED FOR HEARING ON 12/02/08. THIS REQUEST IS LIMITED
TO LETTERS SENT BY MARINER'S WAY HOME OWNERS OR THEIR COUNSEL
1. You may inspect the requested records without charge unless the nature or volume requires extensive clerical or supervisory
assistance in which case you will be advised of a special service charge, (Extensive defined as taking more than 15 minutes to
iocate, review for confidential information, copy and re-fiIe the requested material), Department of Administration Hearing _
FACC 12/97, Vol. XVII, NO.3)
2. Plain paper copies shall be furnished upon payment of $ ,15 if the paper is copied on one side and $ .20 if the paper is copied on
both sides.
3. Copies of microfiche shall be furnished upon payment of $ .25 per page (copied on one side of paper only)
4. Certification of documentations shall be charged a $1.00 per page.
4. Used cassette tapes shall be furnished at a charge of $1.00 each.
DATE OF REQUEST: 10/14-08 SIGNATURE OF REQUESTING PARTY:
DATE COMPLETED: BY DEPARTMENT EMPLOYEE:
FORWARDED TO CITY DEPARTMENT: DATE RETURNED TO CITY CLERK:
i ~F LIVERGOOD (ENGINEERING)
KURT BRESSNER (CITY MANAGER)
KOA BOATENG (UTILITIES
JIM CHEROF (CITY ATIORNEY)
FYI COPIES TO:
TO THE RECEIVING DEPARTMENT(S):
. PLEASE FORWARD ALL RESPONSES TO THE CITY CLERK'S OFFICE FOR FORWARDING TO THE
REQUESTING PARTY AND FOR CLOSEOUT OF THE REQUEST.
. INCLUDE A COVERSHEET THAT ITEMIZES THE COSTS TO THE REQUESTING PARTY (e.g., number of
photocopies, cds, diskettes, labor, etc.)
S:\CC\WP\Public Records Requests\PUBLIC RECORDS REQUEST - REVISED 08-18-06.doc
DICKER, KRIVOK & STOLOFF, ~ A. ;" mn~
ATTORNEYS AT LAW ~.,
1818 AUSTRALIAN AVENUE SOUTH
SUITE 400
WEST PALM BEACH, FLORIDA 33409
EDWARD DICKER TELEPHONE
JAMES N. KRlVOK (561) 615,0123
SCOTT A. STOLOFF --.-_....,..
- FAX
LAURIE G. MANOFF (561) 615,0128
JOHN R, SHEPPARD, JR, October 23.2008
Jeffrey Livergood
Director of Publi;:: \1,' crk.s w~d
Engineering
City of Boynton Beach
100 E, Boynton Beach Boulevard
P,Q, Box 310
Boynton Beach, FL 33425-0310
Re: Boynton Mariner Village Homeowners Association, Inc.
Dear Mr. Livergood:
Please be advised that our fill1 represents the above-mentioned Association, On behalf of
the Association, we appreciate all of your efforts in attempting to resolve the issue regarding the
dock and related property"
It is the request of the Association that the City of Boynton Beach abandon the public
roadway, east of the seawall, to the center ofthe canal. A portion of the abandoned property and the
canal easement, and dock walkway, would then become the maintenance responsibility of the
Association,
We would appreciate your advising of your support in resolving this issue along these lines,
and your recommendation as to how to go forward.
EDWARD DICKER
For the Firm
EADsao
cc ASSociation
Jim Cherat: Esg,
City Commissioners Weiland Hay & Ross
Kurt Bressner, City Manager
219810110.14L
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.
.
.
.
.
.
.
.
To:Mayor Taylor, City Commissioners, Mr. Livergood
From: Steve Fleck, President Mariners Way HOA
Re: Ne !2th Avenue Right OfWctj
Ladies and Gentlemen:
After research and discussion of this issue it is the recommendation of the Board Of Directors of
Mariners Way HOA that the city abandon the right of way in question. Should the city decide that
this is best for all parties involved the Mariners Way HOA would assume all responsibility for the
easement. It is the opinion of the board that this would prevent any future conflicts as well as put to
bed the current conflict regarding this issue
we ask for your consideration of our request to abandon the NE 12 avenue easement east
city seawall to the Mariners Way HOA.
..~
.;;;:;i
.......................
Date: November 18,2008
To: Jeff Livergood, Director of Public Works & Engineering
City of Boynton Beach
From: Steve Constantine. 611-1 NE 12th Terrace, Boynton Beach, FL 33435
Re: NE 12th Avenue Right-of-Way
Mr. Livergood,
Please accept this letter as confirmation that I would like to take possession of the right-
of-way and property adjacent to my home in Mariner Village along the south half of the
City Seawall at the end ofNE 12th Avenue in Boynton Beach.
Best regards,
Steve Constantine
I
;)h '-
----
.-
. The City of Boynton Beach
REGBVED
OFFICE OF THE CITY MANAGER
100 E Boynton Beach Boulevard Jut 31 _~
P.O. Box 310
Boynton Beach, Florida 33425-0310 pa8llCWORK~
City Manager's Office: (561) 742-6010
FAX: (561) 742-6011
e-mail: bressnerk@ci,boynton-beach.fJ,us
www,boynton-beach,org
To: Mayor Taylor
Vice-Mayor Rodriguez
Commissioner Weiland
Commissioner Hay
Commissioner Ross ~
From: Kurt Bressner, City Manager ~
Date: July 30, 2008
Subject: Supplemental Report on NE 12th Avenue Dock
Included in your City Commission agenda packet is a report from staff suggesting that a dock
installed by the City in 2002 on City Right of Way either be conveyed to a homeowner's association,
removed or use otherwise monitored by the City, I asked that additional information be researched
on the history of the dock, It is attached in a report. As I reviewed the report, it appears that the final
step in the construction process was not completed - namely vacation of the right of way that
included the seawall and the dock on top of the seawall. This was supposed to be done and I surmise
that at the end of the project the HOA either balked at the conveyance or the documents were not
completed.
The current situation is that there are persons using the dock essentially for free. The HOA board of
directors has changed and property owners in the development individually have made claim on the
dock space and have pressed the City to do something to resolve the situation, Staff is frustrated by
what appears to be an internal dispute among property owners and we are hobbled by the fact that the
dock is owned by the City.
Representatives of the HOA and possibly individuals requesting use of the dock will be present at the
meeting, The City does not have the option to convey the right of way to anybody except the
adjacent property owners, In this case, I believe the right of way is split between an HOA and a
private property owner. It is possible that the City could license the dock to an outside party. My
guess is that the HOA's are reluctant to take the Right of Way because they would assume the
ownership and maintenance of the underlying seawall.
The dock was put on the seawall as a courtesy to the property owners following public meetings with
the property owners and the HOA. Regretfully, the final action of disposing of the Right of Way
with the dock and the seawall never happened, In my view, this is a example of a situation where
good intentions of the City has come back to haunt us.
Cc: James Cherof, City Attorney
Carisse Lejeune, Assistant to City Manager
Jeff Livergood, Public Works Director
Kofi Boateng, Utilities Director
America's Gateway to the Gulfstream
,
. . IX. - CITY MANAGER'S
REPORT
ITEM A
CITY OF BOYNTON BEACB
) 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
o April 15, 2008 March 31 , 2008 (Noon) 0 June 17, 2008 June 2, 2008 (Noon)
o May 6, 2008 April 14,2008 (Noon) 0 July 1, 2008 June 16,2008 (Noon)
o May 20, 2008 May 5, 2008 (Noon) Q July 15, 2008 June 30, 2008 (Noon)
o June 3, 2008 May 19, 2008 (Noon) 81 August 5,2008 July 14,2008 (Noon)
0 Announcements/Presentations ~ 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: Staff recommends the removal ofa boat dock in the City owned public road right of way onN.E.
12th Avenue, The history to this saga is attached, entitled ''NE 12th Avenue Seawall and Mariner's Way Seawall Review".
) This addresses the repairs of an existing seawall located behind an existing lift station (City lift station #204) subsequent to a
significant rainfall event in the Spring of 2000 of the general area.
EXPLANATION:
This is certainly an unusual sitution in that a public road right of way (N,E, 12th Avenue) extends into a water-filled canaL
Public use of this right of way is not as clearly defined as we normally encounter in a road right of way. Normal parking
restrictions, for example, do not apply. Plus, the right of way is not accessible to the general public because it is
fencedlblocked with dense landscaping,
As noted in the staff report attached, the City constructed a dock within this right of way that is now being used for dockage
purposes. Any use of this dock presents us not only with issues of cost and fair and equal access, but concerns about liability
as well. If the City lmowingly allows this dock to be used by the public, or any private entity for that matter, then the City
assumes as certain amount of responsibility for the maintenance of the dock to ensure proper use and minimum liability,
Because of the bizarre nature of this dilemma, we are presented with a wide variety of solutions to this matter,
The options for the City Commission to consider are as follows:
1. Keep the right-of-way ofN.E, 12th Avenue that extends into the adjacent canal connection with the waters of the
Intracoastal Waterway. The approximate size of the right-of-way extension into said waterway is 23,5 feet long
by 50-feet wide, The impact(s) to consider are as follows:
a. Close the boat docking to the attached seawall walkway cOlI'.pletely, TIis would require our Code
Enforcement Division to monitor this area on a regular basis, It would be desirable to remove the
dock in this scenario.
J b. Close the boat dockage overnight only, This would require our Code Enforcement Division to monitor
this area on a regular basis.
c. Allow boat dockage, and if so, under what premise.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
\ AGENDA ITEM REQUEST FORM
,
This poses a number of questions to consider:
Do we open the dockage up to all the public or only the adjacent residents?
Does the City collect rent because this would have value? How do we choose the renter')
Should the city use a license agreement?
What is the value of the boat dockage worth to the city') The probable going typical rental rate IS about
$6,000 per year for a 24 to 27 foot vessel.
Does the city issue dockage permits for the existing dock space and sign it as pennit parking only'
d. Remove the boat dock walkway at an approximate estimated cost of $13,000.
2. Abandon the extension of the right-of-way into the said adjacent canal. The impact(s) to consider are as
follows:
a, Under the straight abandonment statutes, the north half would go to the Mariner's Way BOA, lnc" and
the south half would go to the private owner of Lot 1 of the Lake Worth Mariner Village HOA, Iue
b. The eastern edge of the seawall cap (behind the city's lift station) is approximately 23.5 feet west of the
current east roadway right-of-way line, 11ris would mean that the existing boardwalk (a wood
dockway) would be the maintenance responsibility of the two (2) adjacent HOAs.
,
! c, Should the City sell the excess right-of-way because of its value (especially to the adjacent propeny
owners)?
d. If the adjacent residents are not interested in buying the excess right-of-way, does the city then lease it
out to whom may want it (after the proper advertising)?
e. If the public does not want the excess right-of-way, does the city just give it to a charitable
organization?
Staff Reconnnendation
Although staff has identified a number of alternatives herein, most alternatives benefit residents adjacent to the dock or
those that reside near the dock that could avail themselves to the potential dockage. However, ifthe greater public good
is found to be a determining element, then staff recommends that the dock be removed completely. In this scenario, the
public right of way can continue into the canal with no adverse public impact. Elimination of the dock will relieve the
City from any future dock maintenance, will greatly reduce potential liability associated with accidents in the pubhc right
of way, and will eliminate all other "landlord" associated responsibilities. Each of the maintenance and liability concerns
can have far greater impact than any revenue received from licensed use of the public right of way.
Should the Commission choose to abandon the right of way to allow this valuable amenity to be used by adjacent
property owners, staffrecommends that fair market value of the land be sought in exchange for the property.
PROGRAM IMP ACT: Currently the jurisdiction of the wood dock lies within the right-of-way ofNE 12th A venue.
located adj acent to the seawall in support of the existing lift station. Maintenance of the lift station and suppon seawall is a
responsibility of the City's Utilities Department. Status or disposition of the wood dock is the question,
FISCAL IMPACT: The City has an opponunity to charge a fee for the usage of the existing docL"way. or the eliminatlon "C
any obligation for maintenance thereof.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
. .
CITY OF BOYNTON BEACH
) AGENDA ITEM REQUEST FORM
ALTERNATIVES: Refer to options under EXPLANATION above,
lJf~ 1 j ~
~ D~_ t~~
City Manager's Signature
~ ~
Assistant to City Manager
Public Works / Engineering Division
Department Name City Attorney / Finance
')
,
!
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
CITY OF BOYNTON BEACH
PUBLIC WORKS DEPARTMENT
INTEROFFICE MEMOR4.NDUM
/
TO: Kurt Bressner, City Manager f ~
FROM: Jeffrey R. Livergood, Direetor of Public Works v' I .
DATE: July 29, 2008
SUBJECT: NE 12th A venue Dock / Canal
The above subject matter will be discussed by the City Commission at its August 5, 2008
meeting under the City Manager's Report, Per your request, staff has conducted
additional research to determine the original premise for dock construction by the City in
this right of way / canal.
As noted in the staff agenda item, the dock was constructed by the City's Utility
Department in 2002 as part of drainage improvements and seawall construction necessary
to protect a nearby City lift station, Research indicates that the Boynton Mariner Village
Association granted an easement to construct the seawall on that is partially on BOA
common ground, Meeting minutes reflect the fact that dock construction was offered by
the City at BOA request in exchange for the easement. The minutes further reflect that it
was the intent of the City Utility Department to abandon this canal right of way to the
respective adjacent properties, This abandonment did not occur.
Despite the past, we know our current situation, I am confident that the public discussion
on August 5 will gamer direction from the Commission as to how they wish to proceed,
IX. - CITY MANAGER'S
REPORT
CITY OF BOYNTON BEACH ITEM C
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
o August ]9,2008 August4,2008 (Noon) o October 21, 2008 October 6, 2008 (Noon)
0 September 2, 2008 August 18,2008 (Noon) o November 5, 2008 October 20, 2008 (Noon)
0 September 18, 2008 September 2, 2008 (Noon) o November ]8,2008 November 3, 2008 (Noon)
o October 7, 2008 September IS, 2008 (Noon) !2J December 2,2008 November 17, 2008 (Noon)
0 Announcements/Presentati ons !2J 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: To consider options on disposal of the 1927 Old High School.
EXPLANATION: At the October 21,2008 City Commission meeting, the Commission requested additional information
from staff on methods for disposal of the Old High School. On October 7, 2008 the City Commission authorized taking the
building back from the Boynton Beach CRA. Here are the disposal options:
I. Lease of the property to a non-profit.
2. Lease of the property to a private developer
3, Lease of the property to another governmental entity
4, Sale of the property to a non-profit
5. Sale of the propertY to a private developer
6. Sale of property to another governmental entity
7. Conveyance of property to a non-profit
8. Conveyance ofthe property to a private developer
9. Conveyance of the property to a another governmental entity
10. Use of the property by the City
11. Demolition of the property by the City
12. Continued Use of the property by the City of Boynton Beach i,e, City Offices
Leasing city property can be accomplished through a request for proposal or direct negotiations with a party selected by the
City Commission.
Sale or conveyance of the Old High School must follow the provisions of section 2-56 (c) of the City Code as follows:
(c) Real property. With regard to the sale of any real estate owned by the city, regardless of the estimated value thereof,
no such sale shall be conducted or consummated until such time as subject property has been appraised by a disinterested
qualified appraiser to be designated by the city commission for the purpose of establishing afair market value thereon. The
sale of real property for less than the fair market value shall require the approval by a vote offour-fifths (4/5) of the city
commission. After such appraisal shall have been completed and afair market value determined, the property may be sold:
1. To the owner of adjacent developed property if the city property is to be used by the adjacent property owner as:
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
4 Buller; ur
f] For an extension of the use to which the adjacent property owner is using the adjacent proper!) at the time' ot
sale; or
~ To the highest bidder following a competitive bidding process as established by the cit}' administration.
(Ord No. 90-54. ,? 3, 11-20-90; Ord No. 97_45, ,{ 1,9-2-97; Ord No. 01-66, ,{ I, 1-2-02; Ord No. 03-002, ,~' I, 2-1?i-031
Please note the language that requires a 4/5ths vote of the City Commission to sell property at less than fair market value, For
purposes of this analysis, conveyance of the Old High School is assumed at a value of less than fair market value meaning that
any conveyance would require a 4/5ths vote. In either case, the terms of the sale or conveyance can include a reverter clause.
a right of first refusal to buy the parcel back etc.
Demolition of the Old High School may be authorized by a simple majority vote, However. staff has not completed a title
search to determine if there is any reversion clause back to the former property owner. the School District of Palm Beach
County.
PROGRAM IMPACT: The CRA Downtown Master Plan, brought before the City Commission on April15, 2008, identifies
Ocean Avenue as a potential Cultural Corridor that would bring a new identity and meaningful sense of place to the district.
Envisioned Cultural and Civic Campuses anchor the west end of the corridor at Ocean Ave, and Seacrest Blvd., and anchored
at the east end is a pedestrian and retail hub which acts as a gateway to the planned TTansit Oriented Development District
(TOO). The Cultural Campus includes adaptive reuse of the core structure of the Old Boynton Beach High School, adding
charm and distinction, and establishing a unique identity. Possible uses identified in the Master Plan include cultural offices.
art studio incubator, artist studio space and galleries.
There were also previous studies that incorporated the Old High School and they are summarized as follows:
Boymon Beach 20/20 Redevelopment Mastel' Plan - September 1998: This plan retained the Old High School as a "Civic
Building" and eliminated the old Civic Center across the street.
Old High School Task Force Report- December 2003 - This report recommended that the Old High School be
renovated/rehabilitated and that the Task Force be given the opportunity to identify users, develop a use allocation plan.
design an area master plan and design a Business Plan Performa including sources of capital.
Ocean District Community Redevelopment Plan - February 2004 - This plan included options to either retain or remove the
Old High School. Most alternatives suggested its removal, except for Alternative 5 which was the proposed School House
Museum, with the High School building being preserved and rehabilitated.
Town Square Plan - January 2005 - This plan included two alternatives regarding the Old High School. Alternative]
included preservation ofthe Old High School at a cost of$5.2 M, to be used as a future cultural facility with a new
community center. Alternative 2 recommended demolition of the Old High School and construction of a larger. multi-
purpose community center and cultural facility.
Comparative Information from Palm Beach County and the City of Delray Beach:
Palm Beach County Court House: In the case of the Old Court House, the County maintains ownership of the building and
property but leases a portion of the building to a non-profit organization. The total project cost was $24M, with the
restoration being funded in its entirety by Palm Beach County through a Public Facilities Improvements Bond Issue (there
were two grants from the State totaling approximately $656,000). The build-out of the Museum cost an additional $ I .5M,
(not included in the $24M) and was also funded by the County through a separate Recreational and Cultural Facilities Bond
S \Bl 'LI.FTIN\FORMS\AGENDA ITEM REQUEST FORM DUe
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Issue. The County is responsible for annual operation and maintenance of the facility totaling $69,515 and for annual utility
costs of$129,484,
Old School Square. Delray Beach: In the case of Old School Square, the property is owned by the City of Delray Beach and
is leased to Old School Square a 50Ic(3) organization, The FY 2007-08 expenses for Old School Square was $2,OM, The
City contributed $205,000 and the CRA contributed $210,000 toward this amount. The balance of the funds not paid by the
City or CRA comes from memberships, fund raising campaigns, sponsorships, state and county grants, endowment income,
rental fees, ticket income and other sources. The City of Del ray Beach maintains exterior features of the building including
landscaping, lighting, air conditioning, roofs, walkways etc. The Old School Square organization is responsible for interior
maintenance and is responsible for activity programming for the building and site.
OPTIONS:
Lease or sale of the building to an outside organization.
Conveyance of building at no cost to an outside organization.
Use of the building by the City
Demolition of the building
Status quo
FISCAL IMP ACT: The City currently has budgeted: $625,000 - Demolition of building
$ 22,000 - Insurance on building for FY 08-09
$ 20,000 - Maintenance on building for FY 08-09
It is estimated that the staff time for preparing an RFP or lease agreement and making a recommendation for the use of the
building by an outside party will cost approximately $25,000 in staff and legal time, A staff team will be assembled to
facilitate the process.
A TT ACHMENTS:
1,) Regular City Commission Meeting - December 2, 2003 Minutes - Old High School Task Force Report
2.) Regular City Commission Meeting - February 17,2004 Minutes - Ocean District Community Redevelopment Plan,
3,) City Commission Workshop - January 31,2005 Minutes - Town Square Report.
4.) Regular City Commission Meeting - March 1,2005 Minutes - CRA to take ownership of Old High School.
5.) Regular City Commission Meeting - April 15,2008 Minutes - CRA Downtown Master Plan,
Department Head's Signature Jl~.-.
City Manager's Signature
Assistant to City Manager CfwL-
City Manager's Office
Department Name City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
Meeting Minutes \TT~CHMEN'J Fi
Regular City Commission Meeting
Bovnton Beach, Florida December 2, 2003
Mr. Perry said they were in agreement with that.
Motion
Commissioner Ensler moved to approve the Second Amended Mediation Agreement subject to
reducing the tables in the Overlook area to 10 tables and the maintenance of the spaces in the
garage as written into the record by Attorney Cherof. Commissioner McKoy seconded the
motion.
City Manager Bressner explained that yesterday the City received a letter dated December 1 st
from the Related Group of Florida concerning the sale of the Marina slips in terms of the
ownership issues. He requested authorization to sign that letter as part of the approval of the
Agreement.
He asked whether the maker of the motion would amend his motion to include authorizing the
City Manager to sign a letter dated December 1, 2003, from the Related Group of Florida
regarding the sale of Marina boat slips in the Marina Village at Boynton Beach Marina
Condominium.
Commissioners Ensler and McKoy accepted the amendment.
~
Motion was carried unanimously.
Mr. Perry thanked the City and staff.
Carlos Rosso from the Related Group stated that they have submitted drawings for
building permits and as soon as they receive the permits, they are ready to begin construction.
The meeting was recessed at 8:15 p.m. and reconvened at 8:27 p.m.
IX. CITY MANAGER'S REPORT:
City Manager Bressner announced that Firefighter Steven Wojciechowski had passed away after
a very lengthy illness and his thoughts were with his family.
A. Review report of Old High School Task Force
City Manager Bressner said that this item comes to the Commission as a result of Commission
action earlier in 2003. The prior Commission was struggling with the decision of what to do
with the High School. The recommendation from City staff was to demolish the building and
there were recommendations from the public to save it. Doug Hutchinson( CRA Director,
suggested that a Task Force be created. The Task Force worked very long and hard. Th^\1
. .ICY
retained the services of a consultant who specializes in dealing with difficult buildings and
historic buildings.
Doug Hutchinson, CRA Director( announced the members of the Task Force. In addition to
himself, they are Don Fenton( William Orlove( Arleen Dennison, Henderson Tillman, Ron
17
Meeting Minutes
Regular City Commission Meeting
Boynton Beach. Florida December 2. 2003
Weiland and Taryn Wheat. Dale Sugerman also sat in on some meetings for staff input. Mr.
Hutchinson thanked the Task Force for the many hours they put in over the past year. They
submitted a full report to the City Commission. Copies of the report and a full report from the
consultant are available in the CRA Office and the Library.
When the Task Force selected the consultant, they wanted to ensure that not only did the
consultant have the specialized skills but also that they had no previous ties to the City or this
project. They retained the services of Bender & Associates from Key West.
The Task Force recommends the following:
~ That the City accept the recommendations of Bender & Associates to renovate/rehab the
structure and not remove it
~ That the Phase I stabilization plan recommended by Bender & Associates is accepted
and that the City allocates funds not to exceed $250,000 towards that plan
~ That the City Commission grants the High School Task Force the opportunity to identify
users, develop a use allocation plan, design an area master plan for the building as it
relates to the immediate area including City Hall and the Children's Museum, and design
a Business Plan Performa including sources of capital
Bert Bender, President of Bender Ie. Associates, explained that his team of professionals
included environmental specialists, engineers, architects, and structural, mechanical and
electrical engineers. They spent four days going through the building. After going through the
structure and reviewing the prior reports, they found that it was a structurally sound building
that is a prime candidate for a rehabilitation effort. The building has a lot of character and
significance to the community. They are making a recommendation to rehabilitate and restore
the building and preserve it for use within the community. Mr. Bender said that his firm
specializes in historic restoration of existing buildings and does work on existing buildings that
are non-historic as well.
Under Phase 2, the report states "Plumbing price assumes re-use of fixtures." Mayor Taylor
asked whether it was possible to re-use the fixtures. Mr. Bender said that it was pOSSible
depending on the use of the building.
Mr. Hutchinson explained that the Task Force did not spend a lot of time on the design or the
asbestos issue. If the building is saved, the asbestos can be dealt with very easily. If the
building is torn down, it is more expensive to deal with the asbestos. The asbestos issue did
not drive whether the building should be torn down or not.
Mr. Bender explained that he had received severa! telephone calls regarding asbestos. There is
an overabundance of concern regarding asbestos. It is not harmful unless airborne. Then it
becomes an issue. The environmental engineer gave a report that said that if the building is
demolished, the asbestos must be abated before demolition. If the building is restored, what
little bit of asbestos might be in the plaster can be encapsulated simply by cleaning and painting
the walls. The asbestos that they know exists is in the floor tiles. But by simply cleaning and
18
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida December 2, 2003
waxing the tiles, the asbestos will be encapsulated. If you choose to remove the tile, you must
abate asbestos. The other options are to simply maintain it or cover it with something. If it is
carpeted, then it is encapsulated.
Commissioner Ensler asked whether the five samples that were taken were from floor tiles,
walls or insulation. Mr. Bender replied that the five samples that he was referring to were only
plaster samples. Four were negative. The fifth one was positive with greater than 1 %
asbestos.
Commissioner Ensler asked what it would take to do a follow-up report. Mr. Bender responded
that it would cost $3,250.
City Manager Bressner thought that it was clear that the building can be saved per the report.
One of the issues to consider is how much of the building should be saved. The building is
approximately 28,000 square feet. The front portion of the building is the classroom building.
The back portion is the gymnasium area. There is no exact age for the gymnasium but it is not
quite as old. He asked the consultant whether the costs are equal to refurbish the front portion
and the rear.
Mr. Bender said that the rough costs are equal, whether dealing with the gymnasium portion or
the front portion. The gymnasium is a very significant part of the building and to remove it
destroys the historic significance of the building.
City Manager Bressner identified the following five alternatives that the Commission may want
to consider:
1. Follow the Task Force's Recommendation to stabilize the building at a cost of
approximately $250,000 at this time and request that the Task Force continue its
work to include a report as to adaptive re-use options for the building at a cost of
approximately $50,000. This would require a budget amendment as the current
budget has $50,000 in it for this fiscal year.
2. Proceed with the asbestos abatement study for $3,250 before authorizing the
stabilization of the building so that an informed decision can be made. He felt that
this was important.
3. Hold the discussion of the project until the City Commission concludes discussion on
Capital Improvement priorities that is scheduled for December 19th.
4. Authorize staff to obtain an additional opinion on the building condition. This goes
back to a report provided by the Risk Manager.
5. Go with the asbestos abatement study and roll this into conversation regarding
capital improvements before authorizing stabilization of the building. Get some ideas
from the Commission and the community regarding types of uses.
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Meeting Minutes
Regular City Commission Meeting December 2. 2003
Bovnton Beach. Florida Commissioner Ensler felt that the 5th alternative made sense to him. Then, the Commission
could better understand what it is that the building could be used for.
Commissioner McCray thought that they should complete the asbestos study. He would need
an estimate on how much it would cost for a second opinion. He is in favor of saving the
building.
Mayor Taylor agreed with the asbestos study and asked how long it would take.
Mr. Bender said that they could have a preliminary report before Christmas.
City Manager Bressner said that the other issue is whether lead paint was used on the premises
and what type of abatement might be necessary for that.
Mr. Bender said that this may already be in the proposal but he will confirm that.
Motion
Vice Mayor Ferguson made a motion to go ahead with the asbestos and the lead study at a cost
not to exceed $6,000. Commissioner Ensler seconded the motion that carried unanimously.
Mayor Taylor asked whether the estimated $250,000 to stabilize the building was in the budget.
City Manager Bressner said that the money is available in the capital projects fund but it would
need to be allocated for this project and that would require Commission action.
Mr. Hutchinson pointed out that the Task Force recommended not to exceed $250,000 because
they felt that the rest of the studies could be included in that figure. So, it would not be
$250,000 plus $50,000. It would be $250,000 total for stabilization and re-use.
Harvey Oyer, Jr., 512 N. Seacrest Boulevard, stated that he graduated from the High
School in 1944. The tile that was referred to was put on after World War II and covers wood
floors. His understanding of the damage to the gymnasium was that it was caused by roof
beams that were not reinforced with concrete. This has since been corrected.
He previously headed up a Task Force from the Boynton Historical Society and they raised quite
a bit of money. They hired an architect and had a set of detailed plans. If this building is
visioned by the City as being a cultural center, it would anchor one end of Ocean Avenue with
the Marina development. This school originally had students from the Atlantic Ocean to 441
and from the Delray Beach City limits to Lantana. He felt that these people need to be included
in the planning for the uses of this building. He thought that the building should be preserved
and put to a cultural use.
Mr. Oyer felt that the present Task Force is stacked with CRA members. No one on the
Historical Society had any input. For the maximum benefit to the community and the least cost
to taxpayers, a committee should be set up to obtain grants and donations. He said that
people will not donate money to provide government offices.
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Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida December 2, 2003
Hillery Lynch, 28 Country Road, is President of the Boynton Cultural Center that oversees
the Schoolhouse Children's Museum. They have had two incredible years with the Museum.
The Board spent a lot of time strategically planning for where they see themselves going. The
High School is an integral part of that growth. The Board is glad that the High School building
will hopefully remain. She requested that the Commission include the Boynton Cultural Center
as part of the Task Force for the future use of that building.
B. Discussion of additional Property Tax Assessment Exemption for Income Eligible
Senior Citizens per FSS 196.075
City Manager Bressner explained that State Statute allows local governments to authorize up to
an additional $25,000 property tax assessment exemption to income eligible senior citizens.
The basic criteria are that senior citizens are permanent residents and property owners who are
at least 65 years old and have a household income of $20,000, which was then adjusted for
inflation. The current adjusted number is $21,599.
Earlier this year Palm Beach County enacted legislation for County year 2004. Several
municipalities have authorized this. The time line is that in order to be effective for 2004, a
decision was necessary by December 1st. If the Commission is interested in proceeding with
this, consideration would need to take place in calendar year 2004 and a resolution adopted
prior to December 1, 2004 for implementation in 2005. The County will have a data base using
the same income eligibility criteria that the City would use. The City could utilize their
methodology. They will have much of the eligibility issues and number of individuals identified
so that the Commission can made an informed decision as to whether they wish to go forward
with this program.
He did not know what fiscal impact this would have on the City. Information he received from
other jurisdictions indicates that the impact is not known to be significant.
It was the consensus of the Commission to put this item on an active agenda for May 2004.
X. FUTURE AGENDA ITEMS:
A. Discussion of rotation of eRA Chair (December 16, 2003)
B. Joint meeting with Commission and CRA on Development Issues (December 17,
2003 - 5:30 p.m. - Conference Room C - West Wing)
C. City Commission Capital Improvement Workshop (December 19, 2003 - 9:00
a.m. - Conference Room C - West Wing)
D. Proposed Ordinance regarding granting to Florida Power & Light Company an
electric franchise agreement for the period of thirty years from the date of
acceptance (January 6, 2004)
E. Strategic Planning Session (January 2004)
21
ATTACHMENT # 2
Meeting Minutes
Regular City Commission Meeting February 17. 2004
Boynton Beach. Florida Commissioner Ensler asked whether the proposed construction would meet all hurricane
standards. Mr. Rumpf replied that it would have to in order to be permitted.
~otion
Commissioner McCray moved to approve. Vice Mayor Ferguson seconded the motion that
carried unanimously.
F. Approve a donation of $4,000 to the Boy Scouts of America from the forfeiture
fund
Commissioner McCray clarified that this donation was being made to the Gulfstream Council in
Palm Beach County and funds would be used for all scouts located in the Boynton Beach area.
Motion
Commissioner McCray moved for approval. Commissioner McKoy seconded the motion that
carried unanimously.
VII. CODE COMPUANCE . LEGAL SETTLEMENTS:
A. Motion to pay settlement from court ordered mediation in the amount of $15,000
to Peter Ebbole (slip and fall)
Motion
Vice Mayor Ferguson moved to approve. Commissioner McCray seconded the motion that
carried unanimously.
VIII. PUBUC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
A. Presentation of the Ocean District Community Redevelopment Plan (TABLED TO
02/:17/04) (Proposed Ordinance No. 04-003)
Motion
Commissioner McCray made a motion to remove the item from the table. Commissioner McKoy
seconded the motion that carried unanimously.
Quintus Greene, Director of Development, presented the Plan in the absence of the project
manager, Margelly Beltran. The Ocean District is bounded on the north by NE 3rd Avenue, on
the west by Seacrest Boulevard, on the south by SE 2nd Avenue and on the east by the FEC
Railroad. This is the third of five segmented updates of the CRA Plan. The first segment was
the Federal Highway Corridor and the second was the Heart of Boynton. The purpose of the
Plan is to revitalize the downtown area of Boynton Beach and present a desirable place to live
and work. It also provides recommendations that would facilitate the creation of a new image
of mixed uses for the civic and cultural center of the area.
Staff looked first at the existing conditions in the area. Some of the strengths of the area
include the cluster of civic and cultural activities, the proximity to the Marina and Federal
13
Meeting Minutes
Regular City Commission Meeting
Bovnton Beach, Florida Februarv 17. 2004
Highway and the retail potential along Boynton Beach Boulevard. The area also had some
liabilities, including the railroad on the eastern boundary, some M-1 industrial uses and poor
pedestrian connections in the area.
Mr. Greene explained that there were two in-house visioning sessions with City staff. They also
held two public workshops for property owners and residents in the area. Staff provided three
broad plans and divided them each into quadrants. Residents were asked to pick from the
different plans. It evolved into two broad planning themes. Both were very similar with one
major difference. That difference occurred in the northwest quadrant of the plan. The public
was split 50-50 on whether the old high school should remain or not. Staff is therefore
presenting both plans.
Alternative 4 is the existing Town Square Plan. It presents the opportunity for the library
expansion, a new civic center auditorium, a new parking structure and a pedestrian link
between City Hall and the library. Alternative 5 has many of the same elements except it has
the old high school being refurbished. It would result in moving the parking structure to the
west. There would be no pedestrian corridor. However, it would allow for the expansion of the
library, a new civic center and a new parking structure at the southern end.
One of the things very apparent to staff was that there is an acute shortage of space relative to
City facilities, particularly in City Hall. There would probably be a need for some kind of public
building. Staffs recommendation is that this new public building should be located at the
northeast corner of Seacrest and Boynton Beach Boulevards. This would frame the entrance to
downtown. To link these two public buildings, they are proposing a skywalk that would
traverse Boynton Beach Boulevard. They would recommend that Boynton Beach Boulevard
have a median installed to enhance landscaping and would encourage mixed-use development
along the sides.
A few years ago Ocean Avenue between SE 1st Street and Federal Highway was enhanced.
They would recommend that this be maintained at the current scale and encourage mixed use
development with commercial and offices on the ground floor and residential uses above.
There are two residential areas in the Plan. They are multi-family and single- family residential.
The multi-family is north of Ocean Avenue, between Ocean Avenue and Boynton Beach
Boulevard. They are not recommending a significant change in this area other than those that
residents wish to undertake. They also feel that the single-family residential area should be left
as is other than any improvements that property owners wish to undertake.
They are recommending a paving treatment at Seacrest Boulevard and Ocean Avenue. They
also recommend a median along Seacrest Boulevard and an arch at Seacrest Boulevard and
Ocean Avenue to enhance the entrance.
The east end along the FEC Railroad was identified as one of the problem areas. They are
recommending quad gates at both Ocean Avenue and Boynton Beach Boulevard. These gates
prevent automobiles from driving around them. Trains would no longer be required to blow
their horns with these quad gates. However, these gates are expensive. They recommend
14
Meeting Minutes
Regular City Commission Meeting
Boynton Beach. Florida Februarv 17. 2004
landscape treatment along the west side of the railroad consisting of a heavy row of trees to
mitigate and absorb some of the sounds.
Mr. Greene said that staff had some specific recommendations. They propose an amendment
to Section 3 of the Comprehensive Plan Future Land Use Support Documents to address some
of the issues in the Plan. They also propose to amend the Zoning Code to include specific
regulations in the mixed-use low intensity zoning district. There are also certain amendments
to the Future Land Use Map that need to be made. These are future action items.
He showed some examples of mixed-use developments in San Diego and pointed out that none
of the buildings shown exceeds 75' in height.
Commissioner McCray felt that the City prepares plan after plan. He asked when something
would happen.
Mr. Greene responded that planning is the first step. The next step is that decisions must be
made by this Commission relative to the capital improvement program. That is where the
money is budgeted to implement many of the recommendations that the planning staff make.
The City Commission has already taken steps to expand the Ubrary and is investigating the
preservation of the old high school. There is a study regarding City Hall space needs. There
have already been some improvements made to Ocean Avenue. These are all capital projects.
It is just a question of when the City has the resources to be able to implement some of the
recommendations.
Commissioner McCray said that we had to be realistic. This is something that is not going to
happen in five or six years.
Mr. Greene explained that there are private/public partnerships. He has seen a public
courthouse built by the private sector and leased by a city for 30 years.
Commissioner McCray said that the City had the Visions 20/20 and he felt that nothing has
happened.
Mayor Taylor said that he was a part of the Visions 20/20 and a lot has happened. The Marina
project would be coming out of the ground by the end of this month. The Arches project is in
negotiations now. The City purchased land for the promenade.
Commissioner Ensler complimented Mr. Greene and his staff for the excellent study. He felt
that the alternative that the Commission was looking for was the one that retains the old high
school, alternative 5.
Motion
Commissioner Ensler made a motion to accept alternative 5 of the Plan. Commissioner McKoy
seconded the motion.
City Manager Bressner thought that there were elements of the Plan that were not feasible.
However, this is a starting point. These are just guidelines and they would change.
15
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida February 17, 2004
Mayor Taylor did not want to lock in alternative 5.
Mr. Greene explained that the plan is not a bible. He recognized that as circumstances change,
plans also change.
Both Vice Mayor Ferguson and Commissioner McCray thought that it was premature to vote on
the Plan.
Assistant City Attorney Payne pointed out that this item is scheduled for a first reading of an
ordinance adopting the Plan unless the Commission does not want to move forward with the
ordinance.
Mr. Greene explained that this Plan is the third phase of the update of the CRA Plan. It has the
same effect as the Federal Highway Corridor Plan and the Heart of Boynton Plan.
City Manager Bressner asked what the recommendation was from the CRA regarding the Plan.
Doug Hutchinson, CRA Director, reported that their recommendation was to keep all
alternatives of the Plan. State Statute requires that the Plan be updated every few years. The
CRA did not choose one alternative over another.
Commissioner Ensler felt that the Commission should give some guidance regarding the old
high school.
City Manager Bressner explained that at the capital improvement workshop, it was not a
preordained decision that the City would refurbish the high school. The maximum investment
that was authorized by the Commission was approximately $300,000 with the full expectation
that anything beyond that would be borne either by the private sector or the CRA. That would
put limitations on what the building could be used for. It could be used for cultural, social or
perhaps some private sector operations.
Brian Edwards, 629 HE 9th Avenue, was in favor of keeping the old high school. People
tend to be attracted to and attach themselves to history and culture. There are only four
historic buildings in the City. He urged this Commission, the CRA and City staff to find a way to
save the school.
Herb Suss, citizen, thought that the high school must remain. He concurred with Mr.
Edwards.
Marie Horenburger, 3020 Pine Tree Lane, said that she had served on the City of Delray
Beach City Commission and was part of preserving t'1e Old Schoo! Square. There were a lot of
people in Delray Beach who were not very interested in preserving the old schools. Those
schools have become linchpins for development. She hoped that the community would support
the preservation of the old high school in Boynton Beach.
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Meeting Minutes
Regular City Commission Meeting
Bovnton Beach. Florida February 17.2004
Mayor Taylor clarified that no one on the Commission said they wanted to demolish the old high
school. There were some things in the Plan that the Commission heard for the first time (for
instance, buying the northeast comer of Seacrest and Boynton Beach Boulevards to build a
public building). He did not know whether the Commission agreed to everything in the Plan
and he did not want to lock the City into it.
City Manager Bressner explained that the purpose for adopting the Plan was to have the ability
to put in land use changes and look at the area in a more detailed fashion. For example, it
does not require the City to purchase the property across the street.
~
The motion to accept alternative 5 of the Plan failed 2 to 3 with Vice Mayor Ferguson and
Commissioners McCray and McKoy dissenting.
Motion
Commissioner McCray moved to accept the Ocean District Plan without having alternative 4 or 5
locked in. Motion was seconded by Vice Mayor Ferguson and carried unanimously.
Assistant City Attorney Payne read Proposed Ordinance No. 04-003 by title only.
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 04-003. Commissioner
McKoy seconded the Motion. City Clerk Prainito called the roll and the motion passed
unanimously.
The meeting recessed at 8:32 p.m. and reconvened at 8:42 p.m.
B. Project: 503 North Seacrest (LUAR 03-010)
Agent: Don Stacks
Owner: Edward Eatman III
Location: 503 North Sea crest Boulevard
Description: Request to amend the Comprehensive Plan Future Land Use Map
from Local Retail Commercial (LRC) to Low Density Residential
(LDR) at 4.84 dwelling units per acre
Assistant City Attorney Payne swore in everyone who would be testifying.
Dick Hudson, Senior Planner, reported that this property is developed. It consists of
approximately 4,800 square feet. The request is consistent with the current use of the
property . It is nonconforming because it is designated for commercial use. The property is
valued at less than $60,000 so conversion is not poSSible without a variance. The lot was
originally platted in 1925. Access to the site is off NW 4th Avenue. The project meets all
policies of the Comprehensive Plan. It is very consistent with the Heart of Boynton study that
recommended that the properties on the west side of Seacrest Boulevard should go to single
family residential. With properties that are nonconforming, banks will not loan money to fix
them up. Staff recommends approval.
17
\fTACHMEN'( -#.~
MINUTES OF THE CITY COMMISSION WORKSHOP HELD IN THE LIBRARY
PROGRAM ROOM, BOYNTON BEACH, FLORIDA, ON MONDAY,
JANUARY 31, 2005 AT 6:30 P.M.
Present:
Jerry Taylor, Mayor Kurt Bressner, City Manager
Mack McCray, Vice Mayor Janet Prainito, City Clerk
Bob Ensler, Commissioner
Mike Ferguson, Commissioner
Carl McKoy, Commissioner
I. Call to Order
Mayor Taylor called the Workshop to order at 6:30 p.m.
II. Town Square Report - Angela Sudano and Corey O'Gorman
Vice Mayor McCray inquired what the costs of the Consultant's Services were in
providing the Town Square Report, The cost for the report was $20,250.
Corey O'Gorman presented the Report, a copy of which is on file in the City Clerk's
Office. Mr. O'Gorman explained that the report is a comparative analysis for the
Boynton Beach Town Square. Matters to be discussed would include the scope of
services, the methodology of the work, alternatives for the Town Square, and their
conclusions,
.,. Scope of Services
This included data collection, analysis, review of previous reports, meeting with
members of the Town Square Council, and formulating design scenarios. Information
sources included the Cultural Center, Children's Schoolhouse Museum, Recreation and
Parks Department, and others.
The costs are conceptual cost estimates and provide the costs for the two alternatives
being considered. The first alternative was to renovate the Old High School to be used
as a future cultural facility with a new community center. The second alternative is to
demolish the Old High School and construct a larger, multi-purpose community center
and cultural facility,
They re-reviewed some of the previous reports done for preservation of the Old High
School. They looked at uses for the Old High School in order to formulate square
footage estimates for new construction to include uses for the Children's Schoolhouse
Museum, Art Center, Civic Center and Madsen Center. Office space could be provided
for the Code Compliance Office and the CRA, plus events' planning use. Estimated total
space needs for alternative one are 62,000 square feet and 65,000 square feet for
alternative two.
Meeting Minutes
City Commission Workshop
Boynton Beach, Florida January 31, 2005
They looked at how the spaces could meet the demand, space needs themselves and
parking needs. They also considered the intrinsic value of the building. A letter was
recently generated by the Florida Department of State, Historic Resources Division,
encouraging that the building be preserved,
They also looked at neighboring communities that have renovated historic buildings that
are being used for public purpose. One such place was Old School Square in Delray
Beach and they spoke personally with Mr. Joe Gillie, who is the Executive Director of
Old School Square. Historic and cultural grants are available for these purposes, as
well as funding from foundations. Renovating historical buildings of this type can be
revenue generating. The report addresses other historic buildings that were renovated
and preserved including Lake Park City Hall, Ft. Pierce City Hall, Lake Worth City Hall
and Old School Square.
Maintenance costs for Old School Square are $200,000 per year, but it generates over
$20 million in revenue. Some of the income generating features in Old School Square
that could also be incorporated in the Old High School are performing arts, classrooms
and room rentals, as well as art gallery space. Renovation of the Old High School could
provide the City with an historical sense of place, legacy and pride of ownership, and
community buy-in.
~ Focus Area
The focus area they looked at included the three blocks south of the existing City Hall
complex. This also included the Old High School, Children's Schoolhouse Museum,
Civic Center, the residential property to the east of the Civic Center, the Library,
Madsen Center and Art Center. Both alternatives include the acquisition of the
residential properties; however, it is not required.
~ Alternative NO.1
This would include preservation of the High School Building and construction of a
:t37,000 square foot community center building next to the Art's Center. The space
between the two buildings would become an open event space, but has yet to be
defined.
~ Alternative No.2
This alternative is demolition of the Old High School Building with construction of a third
floor to the community center building in alternative 1. This would provide a total of
approximately 62,000 square feet of space.
~ Budget
The conceptual budget for both alternatives is included in the backup to the report. The
budget is a 16-division breakdown based upon the existing floor plan and was not
prepared to specifically accommodate any particular use of the building.
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Meeting Minutes
City Commission Workshop
Boynton Beach, Florida January 31,2005
The new community center is conceptual and is not included in their report. Mr
O'Gorman pointed out that they neglected to include operation and maintenance costs
in the budget and he would provide these costs to Mr. Bressner by the end of the week.
There is a margin of error and the designs would have to be finalized in order to obtain
complete numbers for every aspect of construction for both alternatives.
Mr. O'Gorman noted that Burkhardt Construction had done some recent renovations of
historical buildings and they assisted him with the 16-division breakdown of the budget.
Next presented was a comparison of costs between Alternative 1 and Alternative 2 that
included land costs, design costs, construction and indirect costs,
~ Alternative 1, preservation and renovation of the Old High School as a cultural
facility and construction of a 37,000 square foot community center -$28,887,154
~ Alternative 2, demolition of the Old High School and construction of a 62,000
square foot community center- $27,795,540
~ Costs to renovate the Old High School approximately - $5.2 million
($158 per square foot)
~ Construction of a two-story , 37,000 square foot community center
approximately- $7 million
($162 per square foot)
~ Construction of a three-story community center approximately - $11 million
($155 per square foot)
From the reports that they looked at, they have determined that the Old High School is
structurally sound and would be a value to the citizens.
They looked at parking, open space and programming. The total square footages of the
buildings of both alternatives provide space for programs, The same amount of parking
has been included for both alternatives,
~ Conclusions
The Old High has a historical character that is normally the focus of preservation.
Previous studies recommended preservation. There is support for and against
preservation of the Old High School. The Old High School, based upon previous
studies, is physically sound for renovation. It appears that expansion of the Children's
Schoolhouse Museum would fit in nicely with the restored Old High School.
,., Funding
Currently there are limited City funds budgeted for the restoration and no eRA funds
have been appropriated for a new community center, If the Children's Schoolhouse
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Meeting Minutes
City Commission Workshop
Boynton Beach, Florida January 31, 2005
Museum expands into the Old High School, a potential partnership could be worked out
between the CRA and the Cultural Center to assemble the necessary financing to
renovate the Old High School.
Both alternatives offer comparable open space area. Anticipated redevelopment
projects in the downtown would change the demographic profile that could have a
profound impact upon the demand for space and programs in Town Square.
There is a potential partnership among the Children's Schoolhouse Museum, the City
and the CRA that could preserve the building. As an alternative, the City could go out
for an RFQ for renovation and occupancy of the buildings. This could be a tool to
determine if there is an interest in moving forward with Alternative 1.
Mr. O'Gorman concluded his report and entertained questions.
Vice Mayor McCray asked who the other members of the Council were in addition to
Commissioner Ferguson. Mr. Q'Gorman responded that they spoke with Arleen
Dennison, Virginia Farace, Doug Hutchinson, Wally Majors, Kurt Bressner and Wayne
Segal. Vice Mayor McCray noted that Don Fenton was' also a member of the Council
and questioned why he was not spoken to. Vice Mayor McCray inquired if the group that
was formed by this Commission ever met as a group. Mr. Bressner responded that the
group no longer functioned after the study was completed. This report is the second
study done.
Vice Mayor McCray inquired when the first group met and if Commissioner Ferguson
ever attended any meetings. Commissioner Ferguson responded that they had three or
four meetings that resulted in the first report. Since that time, he has not been contacted
by anyone.
Vice Mayor McCray inquired if Delray Beach had any difficulty in obtaining funding for
Old School Square and to maintain current funding to keep the facility operational.
Mayor Taylor thought that in the beginning the City subsidized Old School before it
became self-sufficient. Ms. Budano stated that the $200,000 that the City contributes is
for maintenance of the exterior of the facility. The remainder of the project is self-
supporting and, in fact, generates revenue for the City. Mr. Bressner will determine the
exact costs for operating Old School Square.
Commissioner Ferguson was not pleased with the proposed location of the new
community center. If the Commission decided to raze the Old High School, he would
like the new civic center built in that location. Commissioner Ferguson felt that it would
be more feasible to demolish the Old High School and to build a new civic center in its
place. This would alleviate the shortage of space for the Children's Schoolhouse
Museum. He also inquired about the survey that the Cultural Commission had been
working on. Mr. Bressner was not certain if the survey was complete.
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Meeting Minutes
City Commission Workshop
Boynton Beach, Florida January 31, 2005
Commissioner Ferguson did not think that the Commission could address this at its
February 151 meeting and recommended that the item be placed on the February 15th
agenda.
Commissioner Ensler inquired about the statement made in the report that states
"Based on interviews with City officials, although the High School building could serve
as interim space for recreational programs and some offices, the building is not an ideal
location for either:' He inquired what the consultants were recommending as a use for
the Old High School. After speaking with Wally Majors, Recreation Director, Mr.
O'Gorman determined that the Old High School would not be the best place for
recreational type uses, However, programs offered at the Art Center would be best
suited at the Old High School.
Bert Bender, an architect from Key West, Florida who specializes in historic
preservations, had prepared a report on the building. He pointed out that the Old High
School is a significant historic structure and should be preserved and saved for the
community. This would be a legacy for future generations. He questioned the accuracy
of the costs of the alternative uses being so close. He pointed out that there are
characteristics in the Old High School that could not be replaced by a new building.
There were many ways for the building to be used and a new entrance to the back of
the building could be introduced.
Mr. Bender had examined the building and found it to be structurally sound with great
historic and architectural value. He also received a letter from the State's Preservation
Officer encouraging the City to save the building.
Commissioner Ensler inquired why 1 sl Avenue was included in the previous plans, but
not in the current report. Mr. O'Gorman stated that their report focused upon the two
alternatives for the Old High School and looked at the overall site from a general
pe rspective.
Commissioner Ensler also pointed out that the report indicated that the City does not
have a specific historic preservation ordinance and inquired if the City should adopt
such an ordinance. Mr. Bender responded that this would allow the City to receive
funding from the State's Preservation Office and Federal Government. Commissioner
Ensler felt that it would be feasible for the City to adopt such an ordinance even if it
were not used in this instance.
Mayor Taylor noted that firms that specialized in restoring historic buildings prepared
some of the previous reports. The report prepared by the High School Task Force noted
that there were spaces within the building that had not been opened for inspection,
which concerned him. He felt that once they started to renovate the building there wouid
be areas exposed that would cost a great deal of money to renovate,
Mr, O'Gorman stated that since that report was prepared, those areas were opened up
and the asbestos and the pigeon droppings were corrected and the building has been
5
Meeting Minutes
City Commission Workshop
Boynton Beach, Florida January 31, 2005
secured as a result of the High School Task Force recommendations. Ms. Sudano
stated that the remediation costs for the asbestos have been factored in.
Mayor Taylor also noted that the Children's Schoolhouse Museum needed between
22,000 to 27,000 square feet for expansion. Renovating the Old High School would
provide an additional 28,400 square feet. If this were the case, it would appear the
Children's Schoolhouse Museum would use the entire building.
Mayor Taylor questioned why the plans for a new Community Center indicate that there
would be 25,520 square feet and the second floor would be only 11,600 square feet. Mr.
Bressner pointed out that this floor would be multi-purpose and there would be an
atrium around the floor. If the building went to a third floor, there would be more square
footage.
Commissioner Ensler was under the impression that the Community Center would be
used for the arts with a stage and theater. Mr. O'Gorman responded that the report did
not indicate uses. Mayor Taylor anticipated having enough floor space in order to
accommodate the anticipated programs and that the buildings should be designed for
this purpose.
Vice Mayor McCray inquired if the Old High School had been checked for damage after
the hurricanes. Mr. Bressner responded that there was minimal damage.
Mayor Taylor inquired if the land costs in the conceptual budget were for purchasing
residential properties. Mr. O'Gorman responded that it was and pointed out that the
acquisition of those properties was not necessary for either of the Alternatives.
Mayor Taylor felt that they should set a date to make a decision on how the
Commission wanted to proceed. Commissioner Ferguson recommended February 15th.
Commissioner Ensler requested that the Commission be provided with the answers to
the questions raised tonight by that date. Mr. Bressner stated that he would try to have
this available by that time, but noted that he had to speak with Delray Beach and he
was not certain how long this would take. Commissioner McKoy recommended March
1S1 for having the necessary information. Mayor Taylor also pointed out that the size of
Old School Square was much larger than what the City was proposing.
Ms. Budano pointed out that Mr. Gillie, the Executive Director of Old School Square,
was present to answer any questions. Mr. Gillie stated that he would be glad to assist
the City. He noted that it was critical to the success of the Old High School to determine
how the building would be used. He reported that there were 1,500 events held on the
site that was attended by over one-half million people. The success of Old School
Square provides an economic balance for the downtown.
Mr. Gillie noted that every ballet school in the City of Boynton Beach rents Delray
Beach's facility for their dance recitals. This generates over $140,000 in rent. Even
though the City contributes $200,000 yearly for maintenance, the money actually goes
back in to support many community organizations. He noted the importance of having
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Meeting Minutes
City Commission Workshop
Boynton Beach, Florida January 31, 2005
cultural amenities in the community and felt that this could be accomplished by
renovating the Old High School. This could be a drawing card for people to come to the
downtown.
Mr, Gillie also reported that they recently purchased a two-acre block next to Old School
Square on which a park would be placed. He also recommended that if the City were
going to purchase any surrounding properties, they should do so as soon as possible
before the costs became prohibitive. Mr. Gillie was opposed to tearing down the Old
High School and felt it would provide the City some history,
Mayor Taylor inquired if Mr. O'Gorman considered making the community center four
stories. Mr. O'Gorman responded that when they looked at providing programs and
recreation, the two (or three) story community center, plus the Old High School, met
those needs.
Doug Hutchinson, eRA Director, addressed the Commission and pointed out that he
was a preservationist since 1983 and sat on many national boards and worked on over
60 certified restoration projects. He felt that the actual cost of the project would be a lot
less after taking into consideration the amount of money that the building would
generate and the grants that would be available. Mr. Hutchinson reported that many
contractors in the area have approached him with offers to help with restoration by
providing in-kind services.
Brian Edwards was in favor of saving the Old High School. He responded to
Commissioner Ferguson's question about the results of the survey done by the Cultural
Center Board. He noted that the survey had been completed and the initial results
appear to be positive. Mr. Edwards stated that the only reason that the survey had not
been presented was to allow the Commission time to provide input. He felt that the
historical value of the Old High School would compliment the Children's Schoolhouse
Museum and the proposed Town Square,
The Cultural Center Board has never been given an opportunity to raise any funds to
save the Old High School. This would be a public-private partnership similar to the
Children's Schoolhouse Museum. They are prepared to raise money if they were given
the authority to do so.
William Orlove, Vice Chair of the Recreation and Parks Board, noted that his Board has
discussed this issue and the Board was in favor of preserving the Old High School for
cultural purposes. They envision using the building for expanded programs of a cultural
and social nature. If the current Civic Center were torn down and replaced with another
building, the Board would like it to be a Civic Center. They also favored having an
outdoor amphitheater that would bring many people to the downtm,Am area.
Susan Buchanan, a City resident, was in favor of preserving the Old High School. She
liked the atmosphere and environment of the City. Ms. Buchanan felt that preserving the
Old High School would give the City a unique identity. She noted that the City needed to
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Meeting Minutes
City Commission Workshop
Boynton Beach, Florida January 31, 2005
have attractions in order to bring people downtown and renovating the Old High School
would help provide this.
Commissioner Ensler asked Mr. Hutchinson if he could come up with a plan to show
who would manage and finance the Old High School, as well as covering the costs for
operation and maintenance. Mr. Hutchinson stated that he would bring this issue up for
discussion at the CRA retreat and could have this information available by the first of
March. Commissioner Ensler envisioned the CRA working with the Cultural Center to
come up with a plan.
III. Strategic Plan & Recreation and Open Space Element of the
Comprehensive Plan
David Barth, of Glattlng Jackson Kercher Anglin Lopez Rinehart, Inc., the
consulting firm hired by the City, noted that this would be the first of two workshops. He
would be presenting a status report of their work and provide the results of their
research to date. They have tried to assist the City by identifying a long-range vision.
Mr. Barth introduced Mr. Carlos Perez from his firm, and Terry Clark from Staff
Connections, who helped with the organizational structure.
They have been involved in three plans as follows -
./ Organizational structure.
./ Update of Recreation and Open Space Element of the Comprehensive Plan.
v" Develop a long-range vision for the Open Space Element
Mr. Barth noted that there was additional information included with the agenda packet in
addition to the PowerPoint presentation that he would be giving, copies of which are on
file in the City Clerk's Office. The salient points of the presentation were:
. Evaluate the organizational structure of the Parks and Recreation Department in
terms of efficiency, effectiveness and professionalism.
. Provide a long-term strategy that would be codified into the Comprehensive Plan.
. Made site visits on August 23rd and 24th and the schedule is on target
. Conducted interviews with the Commission on September 20th and 21 st.
. Conducted two meetings with the Recreation and Parks Board.
. Worked to develop a map and they would be developing a narrative for a map.
The narrative should be ready for the second meeting.
. Conduct two review/consensus meetings with the Commission, tonight's meeting
being the first.
Existing conditions of the City's parks, open space, facilities and programs were
highlighted. Needs assessment techniques were looked at and will be addressed.
Mr. Barth pointed out that every neighborhood had some kind of open greenspace,
which were reviewed. Existing elements are:
8
\TT\CHI\1EI\!T # J
MINUTES
CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA MARCH 1, 2005
'"-
MOTION
Vice Mayor McCray so moved. Commissioner Ferguson seconded,
VOTE
City Clerk Prainito called the roll and the motion carried 5-0.
IX. CITY MANAGER'S REPORT:
A. Disposition of Old High School
Chief Bingham indicated Disposition of the Old High School issue was requested by
Commissioner Ferguson for discussion. He referred the matter back to the chair.
Mayor Taylor stated it had been agreed the Commission would make a decision tonight
on the Old High School.
Douglas Hutchinson, Director of the Community Relations Agency stated the
Agency would take ownership of the project and see it through a restoration process in
cooperation with community groups for a mixed blend of uses.
Mayor Taylor opened the discussion to the public.
Louise De Camara, 836 East Drive, stated the Old High School does have historical
value being three quarters of a century old, The architectural details indicative of that
era are historical and worth saving. The Vision 20/20 master plan includes the school in
the Town Square project development. A study from September, 1998 reported the
school should be featured in the development.
Susan Buchanan, 807 Ocean Inlet Drive, serves on the board of the Boynton Cultural
Center. She stated the board has been working with Triangle Two Partners on a
strategic plan and a market assessment feasibility study, Consultants from Triangle
Two Partners were to be present; however, weather conditions prevented them from
attending the meeting. She highlighted the study's findings and validity saying the
methodology and sample size gave the study a 95% confidence rate with an error rate
of + or - 4%, The study reveals 93% of those sampled were aware of the museum,
91 % of its members were satisfied with their membership and 84% had a lot of interest
in the museum. Fifty-four percent indicated expanding into the old high school was very
attractive and 21 % indicated it was somewhat attractive, Ms Buchanan said the
economic impact study showed with purposeful marketing an expanded cultural center
will have a definite positive impact on the downtown area.
22
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CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA MARCH 1s 2005
De De Mahler, President of the Boynton Cultural Center, who resides at 11965 North
Lake Drive. read a statement from the Boynton Cultural Center asking the Commission
to recognize the accomplishments of the Center and Schoolhouse Children's Museum
and join them in taking the project to the next level. She asked for the authority, in
conjunction with the Community Redevelopment Agency, to design and develop the
reuse of the old high school. Ms. Mahler requested that an agreement be drafted
between the three parties to accomplish the objective of preserving the old high school.
The Cultural Center would be willing to act as the managing partner with respect to
developing the property and programs to make it an exciting place in Boynton's
landscape.
Kim McGowan, 945 Le Grace Circle, a resident for ten years and a member of the
Arts Commission spoke on her own behalf. She defined history according to Webster's
Dictionary as, "what has happened in the life and development of a people, country,
institution", etc. Ms. McGowan said Boynton had a vision of its future but also needed a
reflection of its past. Preservation demands pride. She felt if the school were torn down
it would destroy the identity of the town.
Marie Shephard, Ridge Pointe Woods stated she used to live where the police station
presently stands. The old high school is an important part of her life since her mother
and father met and were married here and she and all her siblings attended school in
the building. She felt the building should be saved since there is a lot of history to be
proud of in Boynton Beach such as the Woman's Club Ms. Shephard offered to devote
as much time and money that she could for the success of the project.
William Orlove, 2459 Cranbrook Drive, Vice Chair of the Recreation and Park
Board and served on the CRA Ad Hoc committee which studied the feasibility of
preserving the building. He stated the Recreation and Park Board has discussed the
High School several times and strongly favors preserving the building to be used for
cultural, educational purposes and expanding the Schoolhouse Museum. As a citizen
he observed the growth in Delray Beach around Old School Square and hopes that
Boynton can do the same with the old high school. He felt it was a part of the town's
collective past and should remain as part of its collective future.
Buck Buchanan, 807 Ocean Inlet Drive and immediate Past President of INCA
spoke on behalf of INCA. He read into the record and supplied copies of a letter sent to
the Commission. The letter indicated INCA members voted unanimously to support the
preservation and restoration of the old high school. It was also noted the project would
offer an aesthetically pleasing mini complex of restoration to harmonize with newer
surrounding architecture.
Brian Edwards, 629 North East 9th Avenue felt emotions was a major factor in
preserving the old high school. He said the Cultural Center Board was never able to
23
MINUTES
CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA MARCH 1, 2005
'"-'-~_.",
raise money for this project without the permission of the City fathers. The Cultural
Board developed the Children's Schoolhouse Museum and Mr. Edwards felt they could
also develop the old high school.
Mayor Taylor closed the public audience,
Vice Mayor McCray stated he was a resident of Boynton for 51 years and his school
was torn down in District 2. He indicated he has been discussing the old high school for
over five years. His question was, did the historical registry have the 1927 High School
listed, Mr, Hutchinson replied it had not been applied for, Mayor Taylor added the
papers have all been prepared and just need to be submitted.
Vice Mayor McCray also asked what miracle happened that gave the CRA a new turn or
new vision to step up and take this project over. He requested the funding figures
again.
Mr. Hutchinson reiterated it was an approximately $6,000,000 restoration project. The
City has contributed $300,000 CRA over the next 24 to 36 months an additional
$2,000,000 which makes $2.3 million as the match for grants and foundation
underwriting and inkind contributions for construction. Historical preservation grants will
be $1.5 million. The County will be asked for 750,000. Also inkind contributions of
construction will total approximately $1,000,000, Local contributions and private
corporations will contribute $1,000,000 and foundation grants $1,000,000, Total grants
will be $5.2 million with the CRA and City's committed amount comes to $7,5 million
which leaves $1,5 million surplus funds to establish an endowment.
Vice Mayor McCray questioned who was going to be responsible for the upkeep once
complete, Mr. Hutchinson said the CRA. He added if the City directs that the CRA is
responsible for the old high school the CRA will raise additional funds, work out the
partnership and with the ownership goes the maintenance and upkeep and the
responsibility for a cash flow to sustain the school.
Addressing the Boynton Cultural Center, Vice Mayor McCray asked if the Center had
raised any money for the project.
Arlene Dennison, Executive Director at the Schoolhouse Museum indicated they wrote
a grant to a local foundation, if the building was saved the money could be used for
expansion. She noted it was very difficult to raise money for a new building, Historic
preservation is a big factor in starting the synergy to raise money and possibly use
focus groups as yvas used with the Schooihouse Museum. It was $100,000 on the first
grant.
24
MINUTES
CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA MARCH 1, 2005
Mayor Taylor commented he has been the most outspoken for tearing the school down
due to the cost and not knowing the source of funding. Bonnie Dearborn, the state
person had told Mayor Taylor the maximum funding a year is $350,000. The Mayor
indicated the phone survey that was conducted had poorly constructed questions and
was a problem. For the first time reading the report, and after receiving many letters, he
could finally see how the restoration can be accomplished. He felt the CRA taking the
lead and working with the Cultural Center the project is now possible. The Mayor stated
he envisions the old school being used for educational and cultural events and the new
state of art civic center used for sporting and recreational purposes. Plus he liked the
concepts that generated revenue such as the gift shop and coffee shop which would be
economic generators. Mayor Taylor would now be a strong supporter of the CRA taking
the lead and the Cultural Center as a partner for saving the high school.
Commissioner McKoy admitted he was the new kid on the block on this issue and
sometimes it was easy in the life of a project to lose site of the objectives. He realized
that the Vision 20/20 plan talked about the restoration of the high school and it has been
sitting at a yellow light. Commissioner McKoy felt a green light was needed and he is in
favor as well for preserving the old high school.
Commissioner Ferguson stated he had to oppose the restoration. He too saw the flaws
in the survey and felt it was rigged based on his experience in the market research
business. He visualizes the east end of Boynton Beach being one end of a barbell and
the other end down here only smaller. In the survey it was extrapolated out the
frequency distribution indicated there were 1.2 million visitors to the Children's Museum
last year and he felt that was ridiculous. His objection was the CRA funds account for
40% of the $7,000,000 and the CRA is devoting its time to this venture when it should
be concentrating on the downtown area and MLK area. He also questioned why the
funds for the cultural activities only apply if we save the old high school as opposed to a
brand new civic center which could be in the present location of the old high school.
Two things he wanted to make very clear were in January, 2001 a promise was made
that funds would be found for this high school if we kept it and again in 2003. It did not
happen and he would not vote for it. He stated the cost similarities are striking, 158 to
rehabilitate and 162 to build a new one. He could not vote to retain it.
Commissioner Ensler said he realized he is now the anchor man. He appreciated the
serious proposal that was made. He had a few questions of staff. First of all, what kind
of motion was needed to have it approved,
Mr. Hutchinson said it would be a directive for the eRA to put on their March 17th board
meeting to officially make the offer for acceptance of the old high school that was
transferred to the City from the school district. The legal structure will have to be
investigated.
25
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CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA MARCH 1, 2005
,,_.~..
Commissioner Ensler inquired, who in the long term would have ownership of the
school and the property it is on. Mr, Hutchinson said the CRA wished, if they were
funding and underwriting, that they have ownership of the structure and responsibility
for maintenance, renovation and so forth. The CRA would then contract with the other
entities. Commission Ensler asked if that would include the grounds around the high
school. Mr, Hutchinson indicated yes.
Next Commissioner Ensler asked if the program was successful, what would the city's
obligation be towards the high school, financial liability of the City, Mr, Hutchinson
replied the CRA would shoulder the burden, and funds committed and spent on taking
out the asbestos and other things would be the extent of the City's obligation.
Commissioner Ensler speculated if there was a serious financial problem it would be the
CRA's responsibility. Mr Hutchinson said yes, which is why the CRA wanted ownership
of the asset.
Commissioner Ensler asked at what point in the fund raising would it be appropriate to
draw up the final contract. His concern was if enough money cannot be raised what
would happen at that point. Mr, Hutchinson felt confident there was enough interest and
funding to get the project well underway. The "what if' question was still not answered
and Commissioner Ensler wanted a response. Again, Mr. Hutchinson indicated there
was already sufficient funds and inkind contributions to get the building up and
operating.
Commissioner Ensler again asked, what if you find out it is going to cost $12,000,000 to
refurb the school and you only have $6,000,000, Mr. Hutchinson was confident in his
estimation of costs, Commissioner Ensler wanted a legal answer. Mr. Hutchinson's
response was it could be torn down in the future. Commission Ensler asked what
happens in terms of the arrangement. It is now turned over to the CRA and there are
not sufficient funds to do the work, Would the school then be turned back over to the
City? Mayor Taylor suggested it could be written in as a reverter clause, Mr.
Hutchinson indicated the CRA needs to have title before the project can be started. His
concern was no foundation would donate money if the title and ownership is in question.
Reverter or performance clauses can be included in the agreement.
Vice Mayor McCray asked for clarification on the asbestos removal that was mentioned
by Mr. Hutchinson. Mr. Hutchinson responded the City's job was finished and any
future movement and restoration of the project would rest solely with CRA.
Vice Mayor McCray wanted to know if the Commission approved the project how fast
would money be coming in. Mr. Hutchinson said there wouid be no waiting because
CRA underwriting and commitments from key contractors would be able to immediately
hire a restoration specialist to look at key elements with the cultural board. At that point
grants can be requested.
26
MINUTES
CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA MARCH 1,2005
Vice Mayor McCray inquired if the $6,000,000 would be coming out of the bonds just
approved. Mr, Hutchinson said no.
Arlene Dennison of the Cultural Center added the Center has legal counsel ready to
work with the CRA on the school.
Commissioner Ensler wanted to emphasize he is in favor of the recommendation and
his only concern was for the taxpayers in the long term.
Vice Mayor McCray asked if everyone present at the CRA workshop was in favor of
restoration. Mr. Hutchinson replied yes.
Mayor Taylor referred to the comment that the CRA should be working on the Heart of
Boynton and he felt the old high school is the center of everything being done.
Downtown and the City of Boynton has to be viewed as one entity. This should be a
centerpiece for everything going on with the CRA.
Mr. Hutchinson added staff is proposing going to 30% design for streetscapes for MLK.
Seacrest to link MLK to town square and Boynton Beach Boulevard has been planned
for years and the CRA is adjusting a $6.3 million river walk to a future time and
feasibility linkage putting those funds into momentum projects. I n the next 24 to 36
months there will be an additional $5 million put into the Heart of Boynton over the
previous plans. Areas have not been ignored and the CRA is investing off the water
into the core of the community.
Vice Mayor McCray questioned parking for the old high school and the new state of the
art civic center. Mr. Hutchinson indicated parking was part of a master plan the
designer would work on and needs to be coordinated. Mayor Taylor added the two
plans showed parking garages, one with the high school and one without the high
school.
Chief Bingham stated the City Manager's, only concern was the CRA and the Cultural
Center be involved in discussion relating to the possible future conveyance of the
building. He suggests a specific timetable and specific deadline for reporting to the
Commission. This would disallow anyone group to get ahead of the other. He further
suggested the effort be well coordinated and communicated so everyone is in the loop
and better able to respond to questions by elected officials.
Motion
Commissioner Ensler moved to restore the old high school and requested the CRA take
whatever action is necessary to formalize the change in ownership to the CRA for a
time certain,
27
MINUTES
CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA MARCH 1, 2005
--".~ ,,<
Mr. Hutchinson asked for input from legal counsel and stated the CRA's legal staff will
draft the first round, Attorney Cherof indicated the reasonable time is whenever the
Commission wants to visit it again,
Commissioner Ensler stated he made the request because Mr. Bressner was pressing
for a time certain, Mr, Hutchinson said the draft would be back in a month.
Vice Mayor McCray suggested the date be set as April 5th.
Mayor Taylor restated the motion is to restore the old high school with the eRA and
question if the Cultural Center should be included in the motion. Mr. Hutchinson
requested that only one person be responsible,
Commissioner Ensler said the motion would stand as stated, approval to restore the old
high school and authorizing the CRA to come back to this Commission with the formal
documents to accomplish that by the first meeting in April.
Commissioner McKoy seconded the motion,
Motion carried 4-1 (Commissioner Ferguson dissenting),
X. Future Agenda Items
H. Zoning in M-1 District (TBD)
Commissioner Ensler related it was discussed at the preagenda meeting staffs
comments to review standards for M-1 zoning on arterial road. A study was started
three years ago and has never been completed, Commissioner Ensler supported
completing the study. He indicated it was also suggested to have moratorium during
the study period. He requested that staff prepare whatever documents needed to have
the study done and a moratorium, and by the next meeting have a date when the study
can be complete. It should include architectural standards and uses, His concern was
if development decisions were being made based on a fear factor especially in the M-1
districts.
Vice Mayor McCray added that it was also stated that anything in the hopper this would
not affect. Attorney Cherot concurred. The procedure is set forth in the Code to
announce and get a moratorium started that is referred to as Notice of intent. A
resolution would be made for the next agenda however the deadline for the next
Commission meeting has come and gone. He would seek direction from the
Commission to disregard that deadline,
28
Meeting Minutes A TT ACHMENT # 5
Regular City Commission
Boynton Beach, FL April 15, 2008
the option to request the right to be excluded from the designation and if requested, they are
excluded. The process should be to define the area and begin notifying the property owners of
their options and eventually map the area.
Vice Mayor Rodriguez reiterated it should be commercial, industrial and selective residential that
are slotted for redevelopment. If the motion is passed, then the CRA and City staff can work
together to map the area for approval.
Motion
Commissioner Weiland moved to designate the entire CRA area as a brownfield and allow any
individual or property owner the option, if they desire, to opt out. Commissioner Ross seconded
the motion.
Motion
Vice Mayor Rodriguez moved that the Commission take the recommendation of the CRA board
and allocate brownfield designations to commercial, industrial and selective residential
properties and allow the City Manager through GIS to come back with specifics to be
brainstormed. Commissioner Hay seconded the motion.
Attorney Cherof advised the motions were competing and Commissioner Weiland would need to
agree with the substitute motion. Commissioner Weiland did not agree with the substitute
motion.
Commissioner Weiland's motion failed 2-3. (Mayor Taylor, Vice Mayor Rodriguez and
Commissioner Hay dissenting)
Vice Mayor Rodriguez's motion passed 3-2. (Commissioners Weiland and Ross dissenting)
Attorney Cherof mentioned that once the map was prepared and the notice to the property
owners beginsr the property owners retain the right to elect out of the designation area.
E. Approve the Downtown Master Plan
Vivian Brooks, Assistant Director of the CRA, introduced Cesar Garcia-Pons and explained the
CRA had a number of plans that overlapped, making it very difficult for developers in the area.
The RFP for the Downtown Master Plan attempted to consolidate the plans for one concept.
Mayor Taylor noted the Commission had already viewed Mr. Garcia-Pons presentation. He
inquired if the Commission approved the downtown master plan, would the Commission be
approving everything laid out in the plan. Ms. Brooks advised the plan does not obligate the
Commission, rather are conceptual in nature. Commissioner Hay requested a legal opinion and
Mr. Bressner noted there was very strong language in the plan regarding the Old High School
and its adaptive reuse. Mr. Garcia-Pons emphasized the language is "desirable to stay."
17
Meeting Minutes
Regular City Commission
Boynton Beach, FL April 15, 2008
.-.-...,....-......,.-
Attorney Cherof advised the Commission was not obligated, but it needed to be clear that it is
conceptual and perhaps some of the language in the document itself should reflect that it is
conceptual with some disclaimers. Ms. Brooks agreed edits could be made. Attorney Cheraf
agreed with the City Manager that some of the key components should be resolved before
approving the Downtown Master Plan, even as a concept. Commissioner Ross felt the plan
should continue to move forward. It was noted plans could be amended and the RFP will let the
market determine the building's feasibility. Mr. Garcia-Pons added the Master Plan is simply a
guideline and a moment in time
Motion
Commissioner Hay moved to conceptually approve the Downtown Master Plan. Vice Mayor
Rodriguez seconded the motion. The motion passed 4-1. (Commissioner Ross dissenting)
F, Amend the Land Development Regulations to delete the accessory use restriction.
Attorney Cheraf advised the Code prohibits accessory use, except in conjunction with the
primary use. The use is a residential use. If you were to modify the Code to eliminate the
requirement, vacant lots would be used for accessory uses in advance of the primary use being
constructed. Accessory uses would include a boat dock, swimming pools, tennis courts,
basketball courts, barbeque facilities and many others. The staff and legal recommendation
was that the Code not be expanded and not eliminate the requirement that the use be
accessory to a primary use. A motion would not be necessary to retain the status quo.
Bob Brown, 701 S. Seacrest, alleged the action taken by the City is a misinterpretation of the
Code. It does not prohibit docks. Mr. Brown reviewed the various definitions within the Code
that relate to accessory and primary uses. He noted the dock would be a stand-alone dock.
His contention was the State of Florida and the Army Corps of Engineers have controlled and
owned the Intracoastal Waterway. Mr. Brown advised he had permits from the State and the
Army Corps of Engineers to build a boat dock on their property along with a consent of use
easement. It was his theory that the dock would be a stand-alone accessory on the State
property and not on his property; therefore, the Code regulations did not apply to his proposed
dock. Access to the dock would be from the bulkhead and not on the same lot which is what
the accessory use definition requires.
Mr. Brown requested that, based upon the Code definitions, the Commission declare a boat
dock is in fact an accessory use even though it is not on the person's property, and clarify the
Code.
Motion
Commissioner Weiland moved to accept the recommendation of staff. Vice Mayor Rodriguez
seconded the motion. The motion passed unanimously.
XII. LEGAL:
18
CITY OF BOYNTON BEACH
INTER-OFFICE MEMORANDUM
TO: Mayor Jerry Taylor
Members of the City Commission
CC: Kurt Bressner, City Manager
FROM: James A. Cherof, City Attorney
RE: Old High School
DATE: November 17, 2008
This memorandum supplements the City Manager's Agenda Item Request Forml prepared for the
December 2, 2008 Commission Meeting. The City Manager has asked that I advise the
Commission of any legal restraints on the City's power to transfer by sale or lease the Old High
School Property.
Florida municipalities have broad power under the Florida Home Rule Act (Chapter 166, Florida
Statutes) to dispose of real property. The Municipal Home Rule Powers Act, Ch. 166, F.S., grants
to municipalities broad home rule powers. Section 166.021(1) states:
As provided in s, 2 (b), Art, VIII of the State Constitution, municipalities shall have the
governmental, corporate, and proprietary powers to enable them to conduct municipal
government, perform municipal functions, and render municipal services, and may
exercise any power for municipal purposes, except when expressly prohibited by law...
,., (4) The provisions of this section shall be so construed as to secure for municipalities
the broad exercise of home rule powers granted by the constitution. It is the further intent
of the Legislature to extend to municipalities the exercise of powers for municipal
governmental, corporate, or proprietary purposes not expressly prohibited by the
constitution, general or special law, or county charter and to remove any limitations,
judicially imposed or otherwise, on the exercise of home rule powers other than those so
1 The City Manager outlines twelve options to which a thirteenth (land swap) can be added,
Page 1 of3
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expressly prohibited... Any other limitation 0/ power upon uny municipa/in contained ii
any municipal charter enacted or adopted prior to JUZ1 ], ] (F' 3, is herebr nullified (mil
repealed
In the absence of a Charter or Code provision which limits a City's power a decision regarding the
transfer of real property by either sale or lease is left to the discretion of the City Commission, This
general rule does not apply to the disposition of real property in the City's Community
Redevelopment Area which was "acquired for community redevelopment." The Attorney Generai
has recently opined that the limitations on disposal of property in a Community Redevelopment
Area apply only to property that was acquired for the purposes of redevelopment activity, There IS
nothing to indicate that the City intended that the property be used for redevelopment purposes
when it was acquired from the School Board in 1994, Notwithstanding the CRA'S intent to use the
property for redevelopment purposes. that right was derived through the ILA between the City and
the CRA which has subsequently been rescinded. The conveyance from the City to the CRA will he
nullified when that action is completed,
The City Charter contains a limited restriction on the Commission's power to sell or lease real
property, Code Section 2-56 ofthe Code of Ordinances provides this restriction:
(c) Real property. With regard to the sale of an)' real estate owned by the city,
regardless of the estimated value thereof no such sale shall be conducted or
consummated until such time as subject property has been appraised by a disinterested
qualified appraiser to be designated by the city commission for the purpose of
establishing afair market value thereon. The sale of real propertyfor less than {hefair
market value shall require the approval by a vote offour-fifths (4/5) of the city
commission. After such appraisal shall have been completed and afair market value
determined. the property may be sold:
i. To the owner of adjacent developed property ilthe city property is to be used
by the adjacent property owner as,'
A. Buffer; or
B. For an extension of the use to which the adjacent property O1vner is using
the adjacent property at the time of sale; or
2. To the highest bidder follol-1ling a competitive bidding process as established
by the cily administration.
Each of the disposal choices listed by the City Manager (plus land swap) in the agenda Cover Sheet
are legally permissible options, subject only to the above-described conditions for a sale of the
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property, Notwithstanding which option the Commission chooses, the Commission must still act in
the public's best interest. If the property is sold or leased, the resolution of the City Commission
authorizing the conveyance should contain a description or statement of the public benefit
anticipated from the transaction, how that benefit will be derived and the role of the grantee in
accomplishing the public benefit.
Page3of3
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IX. - CITY MANAGER'S
REPORT
CITY OF BOYNTON BEACH ITEM 0
AGENDA ITEM REQUEST FORlV.l
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetinl! Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
o August 19,2008 August 4, 2008 (Noon) o October 21,2008 October 6, 2008 (Noon)
o September 2, 2008 o November 5, 2008 -
August 18,2008 (Noon) October 20, 2008 (Noon) 0 ' ,J
~-i
CO =i-<
o September 18,2008 September 2, 2008 (Noon) o November 18, 2008 November 3, 2008 (Noon~ -<0
<: ("",)""'11
o October 7, 2008 o December 2, 2008 November 10, 2008 (N~ r-OD
September 15,2008 (Noon) ~o
;:7.:-<
. . .z
. . '-I) -I
. . Q
0 AnnouncementslPresentations 0 City Manager's Report (.0) 0%
."
.. II
NATURE OF 0 Administrative 0 New Business U1
c.II
AGENDA ITEM 0 Consent Agenda 0 Legal ::t:
0 Code Compliance & Legal Settlements 0 Unfmished Business
0 Public Hearing 0
RECOMMENDATION: Receive and discuss a preliminary analysis of the City's General Fund and the Utility Fund budget
to actual results for the fiscal year ended September 30, 2008.
EXPLANATION: These two funds represent approximately 75% of the City's total budget. While both funds will recognize
subsequent accruals of revenues and expenditures plus audit adjustments, both funds display a preliminary budget deficit; a
$2.2 million deficit in the General Fund and a $4.1 million deficit in the Utility Fund.
PROGRAM IMPACT: The attached exhibits display the use of budgeted funds by revenue sources and departmental
program expenditures. The revenue decline was anticipated during the year. Accordingly, hiring freezes and other actions
offset some of the decline as expenditures were under budgeted appropriations in both funds.
FISCAL IMPACT: The actual results for the fiscal year will impact the fund balance of both funds. The reduction of the
General Fund balance for FY 2008 is in addition to the fund balance appropriation of $4.6 million needed to finance the
General Fund budget for FY 2009. The Utility Fund reduction could have an impact on our interest rates on bonds issued to
finance the Utilities Capital Improvement Plan.
AL TERNA TIVES: None ~
-e gl.{pJ)S:
City Manager's Signature
Assistant to City Manager ~
Financial Services /$/f
Department Name City Attqrney I Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
. CITY OF BOYNTON BEACH
' '
FINANCIAL SERVICES DEPARTMENT
MEMORANDUM
TO: Kurt Bressner, City Manager
Barry Atwood, Finance Director ~
FROM:
Tony Davidson, Assistant to the Finance Director
DATE: November 10, 2008
SUBJECT: Analysis of Revenues & Expenditures (General Fund & Utility Fund)
Twelve Months Ended September 30, 2008 (PRELIMINARY ANALYSIS)
We are providing this preliminary analysis of actual revenues and expenditures of the City's General Fund and
Utility Fund for the fiscal year ended September 30, 2008 compared to the annual budget of each fund,
Subsequent accruals and audit adjustments of revenues and expenditures will modify the results.
GENERAL FUND
For FY 2008, the General Fund shows a deficit of $2.2 million compared to a deficit of $1,4 million in FY 2007.
(Exhibit A-1) In both years, expenditures of $73 million were 2% under the $74 million dollar budget.
FY 2008 FY 2007
Variance Actual Actual
Revenues $ (3,637) $ 70,934 $ 71,636
Expenditures $ 1,349 $ (73,222) $ (73,076)
Excess (Deficit) - $ (2,288) $ (2,288) $ (1,440)
However, the revenue decline in FY 2008 (Exhibit A-2) despite budgeted revenues about equal to FY 2007 is
the full contributor to the deficit. Exhibit A-3 tracks the cumulative revenue comparison each month for the full
year noting the decline from FY 2007 in the month of September 2008.
General Fund Revenues realized were $70.9 million (95%) of the $74,5 million annual revenue estimate
(Exhibit A-5) in FY 2008. This is a decline of $702 thousand from the $71.6 million received in FY 2007.
The following revenue sources are those that primarily account for the $3.6 million unfavorable variance.
I FY 2008 I
Budget I Variance I Actual
FRANCHISE FEES $ 5,188,400 $ (859,716) $ 4,328,684
BUILDING PERMITS $ 5,244,930 $ (1,249,899) $ 3,995,031
STATE SHARED REVENUES $ 7,747,000 $ (945,210) $ 6,801,790
INTEREST EARNINGS $ 1,519,525 $ (546,083) $ 973,442
$ (3,600,908)
Exhibit A-5 displays the above comparison for all General Fund revenue sources for FY 2008 and FY 2007. All
revenue sources not realizing the budgeted revenues are highlighted for FY 2008.
General Fund Expenditures are $73,2 million or $1,3 million (2%) under the $74.5 million expenditure
appropriation as illustrated in Exhibits A-1 and A-2, Exhibit A-4 tracks the cumulative expenditure comparison
each month for the full year. Exhibit A-6 compares actual to budgeted expenditures with each department
exceeding its budget shown as highlighted for FY 2008,
UTILITY FUND
Through September 30, Utility Fund expenses exceeded revenues resulting in a deficit of $4.1 mil/ion in FY
2008 compared to a deficit of a $1 million for FY 2007 (Exhibit B-1),
Revenues
Expenditures
Excess (Deficit)
Utility Fund Revenues declined by $3,8 million in FY 2008 (Exhibit B-2) compared to FY 2007 despite
revenues budgeted to increase by $2.9 million,
I Budget I Variance I Actual I
Water Sales $ 13,853 $ (3.745) $ 10,108
Sewer Service $ 14.252 $ (1,470) $ 12.782
Storm water Utility Fee $ 3,496 $ (179) $ 3,317
Interest Earnings $ 1.100 $ (760) $ 340
Other $ 612 $ 4 $ 616
$ 33,313 $ (6,150) $ 27,163
For FY 2008, revenues were $27.1 million (82% of the annual $33,3 million annual estimate) decreased from
$30.9 million (102% of the annual $30.3 million estimate) in the same period in FY 2007 (Exhibit B-1), The 13%
decrease in the annual revenue estimate was directly related to the existing water restrictions and increase in
delinquent accounts. The decline primarily occurred in June to September period as noted on Exhibit B-3.
Utility Fund Expenditures this year were $31.3 million (94%) of the annual budget as compared to $31.9
million in FY 2007. (Exhibit B-1 and B-2)
The attached graphs and the Statement of Revenues and Expenditures provide details of this analysis. Exhibit
8-4 tracks the cumulative expenditure comparison each month for the full year. Exhibit 8-6 compares actual to
budgeted expenditures with each department exceeding its budget shown as highlighted for FY 2008.
CITY OF BOYNTON BEACH, FLORIDA
GENERAL FUND ANALYSIS
Twelve Months Ended September 30. 2008
IS in thousands)
EXHIBIT A-1
GENERAL FUND
Period
EXCESS (DEFICIT) OF
REVENUES EXPENDITURES REVENUES OVER
EXPENDITURES
FY 2008 to Sept ($2,289)
Total Budget
% to date
FY 2007 to Sept ($1,439)
Total Budget
% to date
I EXHIBIT A-2 I
r..-..~._---~-~._-~--'- ---~_..~_.- .~~-_._-~_.- -
I (~f"-C~
Yc-.-teDaftit
I rSlntlt....1Il111
$88,0.00
;
$73,076 $73,222
$1_,""
S60,HI) .:-
n'2tHt1Iob~ l"'\ lief( UO SqIt
o REVENUES a EXPENDlTllRES
CITY OF BOYNTON BEACH, FLORIDA
GENERAL FUND ANALYSIS
Twelve Months Ended September 30, 2008
($ in thousands)
Two Year Cumulative Revenue Comparison - ($ in thousands) EXHIBIT A-3
sao,OOO
$71,636
=.000 C:'
0,934
$66 W",i>:'" ' -' ,,"
~':$d:"uZ
p~/
""',000 ,.,_.."-,,,,_->""'159.598
~4"
__""..$>'-" ' 557,065
~
1>0.000 /iY'" S55,3 711
~-'
$44,368 ,_~ S51,517
~- S45,385
"",000 $41,5Stp Z,529
~'r
$30,000
I
uo.ooo ~~J
$:10,000-
I
,7~,r
,- I
so
Oct N<>v Dee Ian Fob Mar Apt May !un Jul Aug Scp I
I I --Cumm 07 Actual ----Cumm OS Actual I
I
Two Year Cumulative Expenditure Comparison - ($ in thousands) I EXHIBIT A-4 I
1...,-
I S73,zZZ "
170,000 ;?'076 I
S6S 721 ",--- I
'A
I uo.ooo S61,llSlI~' $64,456
/
":::~~ 559,441
$50,000 SSO.ll9Z .,--'-
/'_'>/;/ S51,372
S43,9Z3 Y
,~/ S45,44Z
140,000 539,zS3 ~_
/~ >m.n,
. ,,--,,/ 537,766
$30,000 SZ9,~, ,- /" 533,407
""~ SZ9.410
SZ5,14Z Eo'
$20,000 ,,/f szs,z13
S15,lIS3
I .//
jSl0~
' . _,,/ S13,z57
510,000 ~
so L,z$ ~~~ '~'---'--'-_.-----'
Oct Nov Dee Jon Feb Mar Apr May llUI lul Aug Sep
L -Cumm 07 Actual -~ - Cumm OS Actual I ~~~
-- -- -- -"-
CITY OF BOYNTON BEACH, FLORIDA
GENERAL FUND ANALYSIS
STATEMENT OF REVENUES & EXPENDITURES. COMPARATIVE BUDGET TO ACTUAL
Twelve Months Ended September 30, 2008
I EXHIBIT A-5 I
FY 2008 FY 2007
CURRENT OCT-SEP VARIANCE BUDGET OCT -SEP VARIANCE
REVENUES - 001 BUDGET REVENUE PERCENT REVENUE PERCENT
AD VALOREM TAXES $ 38,151,700 $ 38,232,934 100% I $ 38,304,337 $ 37,966,778 99%
FRANCHISE FEES 5,188,400 4,328,684 75% 4,388,800 4,940,738 113%
unLlTY SERVICES TAXES 2,425,190 2,254,535 85% 1,957,750 1,887,177 96%
PUBLIC SERVICE TAXES 1,397,300 1,265,851 83% 1,315,800 1,327,478 101%
OCCUPATIONAL LICENSES 1,385,000 1,429,055 103% 1,509,000 1,337,363 89%
BUILDING PERMITS 5,244,930 3,995,031 76% , 5,595,800 5,163,894 92%
OTHR LICENSES, FEES & PER 223,700 176,078 79% 220,800 186,296 84%
OTHER FEDERAL REVENUE 2,500 112,337 2266% 2,500 7,629 305%
STATE SHARED REVENUES 7,747,000 6,801,790 83% . 7,688,857 7,152,604 93%
SHRD REV FROM OTHR LCL 942,000 590,359 32% , 945,000 527,701 56%
PYMTS IN LIEU OF TAXES 87,200 82,552 95% 130,200 87,502 67%
CHRGS-GENERAL GOVT 406,750 310,908 76% 461.700 331,500 72%
PUBLIC SAFETY 3,482,600 3,960,326 113% 3,149,220 3,240,812 103%
PHYSICAL ENVIRONMENT 0 4,885 0 0} 00/,.
CUL TURElRECREA TION 266,800 306,091 115% t 269,800 312,442 116%
VIOLA nONS LOCAL ORD. 280.000 191,578 65% f 273,000 237,631 87%
INTEREST EARNINGS 1,519,525 973,442 64% 1,258,000 2,177,052 173%
RENTS AND ROYALllES 209,500 201,485 96% 199,650 224,223 112%
SALE OF SURPLUS MATERIAL 7,500 6,175 82% 7,500 43,920 586%
OTHER MISC. REVENUE 216,900 323,051 149% 325,900 146,894 45%
TRANSFERS 5,386,800 5,386,800 100% t 4,336,800 4,336,800 100%
NONOPERATING SOURCES 0 0 2,500,000 0 0%
Total Revenues $74,571,295 $70,933,946 95% . $74,840,414 $ 71,636,434 96%
I EXHIBIT A-6 I
FY 2008 FY 2007
CURRENT OCT -SEP VARIANCE BUDGET OCT-SEP VARIANCE
EXPENDITURES - 001 BUDGET EXPENDITURES PERCENT EXPENDITURES PERCENT
CITY COMMISSION $ 471,152 $ 333,322 71% I $ 555,805 $ 518,220 93%
CITY MANAGER 611,335 589,843 97% 606,278 555,558 92%
CITY HALUGEN, ADMIN. 10,311,317 9,988,516 97% t 12,454,945 11,693,472 94%
PUBLIC AFFAIRS 185,891 158,730 85% t 192,343 138,389 72%
SPECIAL EVENTS 0 5,016 t 381,825 343,718 90%
CITY CLERK 558,205 481,651 86% 501,978 436,849 87%
FINANCIAL SERVICES 1,176,149 1,155,732 98% t 1,112,313 1,111,124 100%
ITS 1,763,228 1,631,601 93% t 1,754,553 1,558,320 89%
GEOGRAPHICAL INFO SYSTEMS 411.207 397,628 97% t 483,068 400,803 83%
HUMAN RESOURCES 916,809 809,187 88% t 829,849 796,177 96%
ORGANIZATIONAL DEVELOP 214,790 168,319 78% t 278,674 259,232 93%
COMMUNICA nONS 2,341,086 1,926,560 82% I 1,935,009 1,927,298 100%
CITY,ATTORNEY 444,046 501,974 113% 491,772 488,858 99%
POLICE 21,246,948 22,002,728 104% t 20,896,133 21,180,490 101%
CODE COMPLIANCE 1,049,201 1,035,216 99% 969,310 969,613 100%
FIRE 14,802,509 14,879,002 101% t 14,162,165 14,584,197 103%
EMERGENCY MANAGEMENT 149,697 99,226 66% 236,600 180,823 76%
DEVELOPMENT 387,954 392,597 101% t 367,500 358,563 98%
BUILDING 2,412,325 2,236,803 93% 2,286,211 2,225,353 97%
ENGINEERING 919,102 845,508 92% t 972,387 824,620 85%
PLANNING & ZONING 1,035,198 985,761 95% t 960,924 878,439 91%
BUSINESS TAX 288,318 295,942 103% t 258,254 261,165 101%
N8GHBORHOODSERVlCES 117,452 92,284 79% 295,515 209,079 11%.
PUBUCWORKS 294,524 298,486 101% f 278,106 282,899 102%
FAClLIllES,'MANAGEMENT 1,792,068 1,755,100 98% 1,599.201 1,623,095 101%
STREETS MAINTENANCE 1,064,949 911,759 86% t 1,129,143 989,887 88%
ANIMAL CONTROL 185,049 170.422 92% t 167,951 161,615 96%
LIBRARY 2,490,441 2,213,910 89% t 2,283,730 1,981,463 87%
RECREATION 2,795,725 2,513,219 90% t 2,332,028 2,358,682 101%
FORESTRY & GROUNDS 1,862,982 1,721,351 92% t 1,857,303 1,714,149 92%
PARKS MAINTENANCE 2,272,639 2,112,794 93% i 2,209,541 2,056,018 930;,
RESERVES 0 599 t 0 7,725
CRA REIMBURSABLE 0 511,661 0 0
Total Expenditures $74,571,296 $73,222,447 98% t $74,840,414 $73,075,893 98%
Net Excess (Deficit) of Revenues Over (Under) Expendi' (U~M9Jj 1$1,43~L4!;9l
t - Favorable FY08 variance compared to FY08 budget
. - Unfavorable FY08 variance compared to FY08 budget
CITY OF BOYNTON BEACH, FLORIDA
UTILITY FUND ANAl ysrs
Twelve Months Ended September 30, 200S
($ in thousands)
EXHIBIT B-1
UTILITY FUND
Period
EXCESS (DEFICIT) OF
REVENUES EXPENDITURES REVENUES OVER
EXPENDITURES
FY 2008 to Sept ~-" -".~'t:..."~ ..""", .. - , ($4,173)
Total Budget
% to date
FY 2007 to Sept ..-, 'J~"t,'i"~~["" ",-. " ($997)
~,'~~~:.' 'r; ,"
T \ ~ e,
Total Budget !' ~ 'f'............-. 1"'V-" ~I ' .""
" ,"It' ~ ;
~ ,;.:>,~:",~,'.' .':,,:,' '.
% to date "'~""~~lkr~
~
I EXHIBIT B-2 I
I ,
~...,,- i
y~..~ I
I (S...........) I
I I
I sn.... 1
i
531,961 !
I 532,_
, 531,336
I 131,_
I
....-
In....
S2lI,MI
I 127'-1
ni....
I =,-
i
I S2~.Ht
I FYIM'"Sept FY!'" &II &epI:
I I o REVENUES . EXPENSES I
i
I I
I
CITY OF BOYNTON BEACH, FLORIDA
UTILITY FUND ANALYSIS
Twelve Months Ended September 30, 2008
($ in thousands)
Two Year Cumulative Revenue Comparison - ($ in thousands) I EXHIBIT B--3 I
-
S40.000 "
I
$.30,963
DO,lJOl)
S27,162
$27,506/
...."",.....
$25,51';"" - $24.957
$23,597 ."".-__...P'
" .... $22.698
: I $20.499
i $1.0,000 -i $19,501"
" - $18,158
Z~;;'843
$11,361 $13,?~..4 stJ.576
; .,....
"
~1O.000 S11.276
$9,0.3.-~ - 0' S8.962
$6,~_.; $6.656
/"
f ~'" $4,300
2,,298
i ,;" $2,177
so t--~---,---- --,------- ,....-----..
Oct NOli Dee ,..., Feu M", "P' May JUT; Jul .\llp: Sep
I --Cumm 07 Actual Cumm 08 Actual
---.---. --.-..
-------------_..'- .~
Two Year Cumulative Expenditure Comparison - ($ in thousands) I EXHIBIT 8-4 I
. - -"._--~---------_.- -- -- ---.._---------~.- -----~-------_._--_._--
, J40.00iJ
$31.336
00,000 $31.960
$27,631
S24,707
522.244 $25,274
520.140 $22.919
S20.000
517,389
51".743
SI2.648 515.446
$13,384
$lO,QO()
510,036
$5~120
$6.592
SD SI,701
-~ - -_._~
Oct !\lov Dee Jan Fet. MM Ap! \1a\ Jm! J!l! '\lli' '~Cl
'-' --Cumm 07 Actual Cumm 08 Actual
.
XI. - NEW BUSINESS
CITY OF BOYNTON BEACH ITEM A.
AGENDA ITEM REQUEST FORlV...
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
o August 19,2008 August 4, 2008 (Noon) o October 21, 2008 October 6,2008 (Noon)
0 September 2, 2008 August 18,2008 (Noon) o November 5, 2008 October 20, 2008 (Noon)
o September 18, 2008 September 2, 2008 (Noon) o November 18,2008 November 3, 2008 (Noon)
o October 7, 2008 September 15.2008 (Noon) [8J December 2, 2008 November 17,2008 (Noon)
0 Anno uncementsIPresentati ons 0 City Manager's Report
NATURE OF 0 Administrative [8J New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDA nON: Vice Mayor Rodriguez has requested a motion to reconsider the policy direction to staff for the
future tow contract model.
EXPLANA nON: At the November] 8,2008 City Commission meeting, staff submitted to the City Commission a staff
report regarding the meeting with local tow vendors and asked the Commission to provide policy direction for the future tow
contract model. Four (4) alternatives were provided to the Commission for contract type,
Vice Mayor Rodriguez made the motion to approve option D, remove the minimum bid and then also include a multiple
vendor RFP section within that proposal. Commissioner Ross seconded the motion and the motion passed
4-] with Commissioner Weiland dissenting,
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: Not to approve the motion to reconsider.
te- {:v~ It {IO~
City Manager's Signature
Assistant to City Manager (!fn,0
City Manager's Office
Department Name City Attorney / Finance
S:\BULLETJN\FORMSIAGENDA ITEM REQUEST FORM,DOC
IX. - CITY MANAGER'S
REPORT
CITY OF BOYNTON BEACH ITEM C
AGENDA ITEM REQUEST FORI\...
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Citv Clerk's Office Meeting Dates in to Citv Clerk's Office
o August 19, 2008 August 4, 2008 (Noon) o October 21, 2008 October 6, 2008 (Noon)
0 September 2, 2008 August 18, 2008 (Noon) o November 5, 2008 October 20,2008 (Noon)
o September 18, 2008 September 2, 2008 (Noon) [8J November 18, 2008 November 3, 2008 (Noon)
0 October 7, 2008 September 15, 2008 (Noon) o December 2, 2008 November 10, 2008 (Noon)
0 Announcements/Presentations ~ City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDA nON: To accept staff report on meeting with local tow vendors and provide policy direction to staff for
future tow contract model.
EXPLANATION: At the August 19,2008 Commission meeting the City Commission directed staff to meet with local tow
vendors to come to a consensus regarding two specific provisions for a future tow contract, namely: I) charges related to City
fleet vehicle tows and 2) charges related to the storage of police directed (homicide investigation) tows,
On October 15, 2008 a publicly noticed meeting was held at the Intracoastal Park Clubhouse to which all registered tow
vendors within the City were invited, Ten vendors attended the meeting. Discussion ensued and staff is pleased to report that
a consensus was derived on both issues. It was agreed upon by all of the vendors present that should the City decide to
continue on a rotation contract, they would be willing to provide free City fleet tows for vehicles up to 15,000 Ib, gvw (gross
vehicle weight), 24 hours per day, seven days a week. Additionally, they were willing to provide free road side service (flat
tire, dead battery, etc,) for the same vehicles.
After lengthy discussion on the storage issue, we all agreed to keep the storage provision the same in the rotation contract
should the City continue to use a rotation model. The vendors provided staff with a couple of good alternatives to research to
address our long term storage needs.
Throughout the meeting numerous remarks were made by the tow vendors regarding "limited rotation", Several vendors
remarked that they would be more likely to waive City fleet tows and storage fees if the tow contract had fewer providers,
Staff polled the vendors as to their preference on the number of tow contractors that should be on a rotation contract: Their
feedback is noted below:
Drew Zuccala (Zuccala's Wrecker Service): Three to five
Jason Blakely (Blake's Towing) - Three to five
Steve Beck (Beck's Towing & Recovery) - No more than four
Mike Damilio (Anytime Towing) - Anyone holding a business tax receipt should be included on the list
Lee Dornot (L&N Towing) - Did not wish to comment
Doug Faulkenbury (JD's Towing) - Five to seven
Kevin Piller (Vrchota Corp,) - Two companies. The City should receive a franchise fee and towing free of charge,
Craig Goldstein (Westway Towing) - One to two providers with a franchise fee and free towing for the City.
David Floering (Eastern Auto Body & Glass, Inc,) - The list should be limited to six vendors
Earl Scott (Scott Towing) - The list should be limited to six vendors
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PROG RAM IMP ACT: Once a contract model is decided upon by the Commission, staff will prepare the necessary bid
documents for advertisement of bids.
FISCAL IMPACT: Depends on the model selected. A franchise model would create a new revenue stream (potentially
$100,000 - depending on level of competition); if the City were to remain with the rotation model and the new contract
language included the provision that City fleet vehicles up to 15,000 gvw were towed free of charge, staff anticipates a
savings of approximately $25,000 annually, A modified franchise model would generate income as well (similar to single
franchise, but two vendors cost sharing the fee). The revenue would be dependent on the bids submitted.
AL TERN A TIVES: At this juncture, staff is seeking direction from the Commission on which type of contract model to issue
for bids. The alternatives are:
1) Continue with current contract arrangement - rotation basis - with/without restrictions on the number of vendors
2) Franchise - one vendor selected - highest bid
3) Modified Franchise - more than one vendor - based on top two bids
4) Require minimum bids from vendors - either with/without a restriction on number of vendors
A TT ACHMENTS:
Exhibit A - Letter of invite to vendor meeting with attachment (8/19/08 staff report to City Commission)
Exhibit B - Minutes from tow vendor meeting - October 15, 2008
...1' . ~~-
--1 I.: t /"
/)C' /~\...
I: . ~_..._...................-:_ :--:
, '" IJfpartment Head's Signature City Manager's Signature
Assistant to City Manager (~./
Department Name City Attorney / Finance
S \BULLETIN\FORMS\AGENDA [TEM REQUEST FORM,DOC
,
. EXHIBIT A
The City of Boynton Beach
OFFICE OF THE aTY MANAGER
100 E Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Rodda 33425-0310
City Manager's Office: (561) 742-6010
FAX: (561) 742-6011
e-mail: laverriere/@ci.boynton-beach.ff.us
www.boynton-beach.org
September 30, 2008
Dear Towing Service Vendor:
At the August 19, 2008 City Commission meeting City staff presented
a report to the Commission outlining a variety of contract models
for the Commission to consider in developing a new Towing Service
contract. A copy of the report is attached. Currently, the City
contracts with six qualified towing vendors on a rotation basis.
The two year contract, dated 2005, was extended for one year, and
is now under further extension until such time that a new contract
is awarded.
Two particular provisions of our existing contract were discussed
at length: 1) charges related to towing of the City's fleet
vehicles and 2) charges related to the storage of police directed
tows i. e. vehicle homicides. After lengthy discussion among the
Commission and staff, and input from several tow vendors, the City
Commission directed staff to meet with our local vendors to develop
a mutually agreeable understanding regarding these provisions.
City staff has scheduled a meeting on Wednesday, October 15, 2008
at the City's Intracoastal Park Clubhouse, 2240 N. Federal Highway,
from 10:00 a.m. to noon. We encourage you to attend so we can
discuss these elements for the development of a future contract.
We look forward to seeing you on the 15th. Please feel free to call
or email me should you have any questions. My email address is
laverrierel@ci.boynton-beach.fl.us and my office number is
561.742.6010. Thank you.
Sincerely,
;J / ~
01 ~j/tL~~
Lori LaVerriere
Assistant City Manager
C: City Commission
City Manager
IX. - CITY MANAGER'S
REPORT
CITY OF BOYNTON BEACH ITEM A
AGENDA ITEM REQUEST FO~u
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Fina.l Fonn Must be Turned
Meetin2 Dales in to City Clerk's Office Meetinlz Dates in to City Clerk's Office
[gl August 19,2008 August 4, 2008 (Noon) o October 21, 2008 October 6, 2008 (Noon)
0 September 2, 2008 August 18, 2008 (Noon) D November 5. 2008 October 20, 2008 (Noon)
0 September 16, 2008 September 2, 2008 (Noon) o November 18, 2008 November 3. 2008 (Noon)
0 October 7, 2008 September 15. 2008 (Noon) D December 2, 2008 November 17,2008 (Noon)
0 AnnouncementslPresentations (gJ City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: This item is brought before the Commission for discussion ofa new towing service contract model.
Staff is seeking policy direction from the Commission as to which model to use in developing a new towing service
contract/bid.
EXPLANATION: Staffhas researched alternatives models for the Commission to consider for a new towing services
contract. The following is an overview of the options the tow committee considered viable when reviewing the history of our
contracts, current market conditions and what other communities are doing. The tow committee comprised of Scott Blasie,
Code Compliance Administrator; Carol Doppler, Purchasing Agent; Steven Weiser, Fleet Administrator; Sgt. Craig Anthony
from the Police Department and Lori LaVerriere, Assistant City Manager.
Currently: Our existing contract was awarded in 2005 to eight tow companies, all of whom had to be located within the City
of Boynton Beach, The contract was a two year contract with a one year extension, expiring in March 2008, The contracts
have been extended until a new RFP is awarded. Towing services are currently provided on a rotational basis, Non consent
tows (accident vehicles) are rotated on a per call basis by Dispatch. Compliance (code enforcement) tows are rotated monthly
and they are administered through the Police Code Compliance division,
The City's contract closely mirrors the adopted Palm Beach County rates for all class tows. The City pays 50% of the
contract rate for towing our fleet vehicles and pays full contract rates for police directed tows and storage. In 2007 we paid
approximately $24,485.00 in tow charges for our fleet vehicles and approximately $18,189.50 in towing and storage fees for
police directed tows, such as confiscated vehicles or crime scene vehicles, Year to date 2008 we've paid $14,441.50 for fleet
tows and $27,344.53 for police directed tows/storage,
Al ternatives: As we researched how other local government agreements were structured we found a number of
mw.,jcipalities require a franchise. fee as part of their agreements. The attached spreadsheet (Exhibit A) illustrates our
findings. Below are a few examples of various contract models available for your consideration:
A. Firstly, the City can maintain the current contract arrangement which is on a rotation basis, We
currently have six tow companies on rotation,
S:\BULLETIN\FORMS\A.GENDA ITEM REQUEST FORM.DOC
. r
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
B. A second option would be to solicit an RFP requiring a franchise fee from vendors for the purpose of
establishing a "market value" for our towing business and award the contract to the single highest and
most responsible bidder. Currently Delray Beach. Pompano Beach and Hollywood have franchise agreements
with one vendor. The City of.Delray Beach receives approx, $140,000 annually on their contract. Pompano
Beach receives approximately $110,000 annually and Hollywood receives $180,000 annually,
The City of Boca Raton is in the process of awarding a contract, however, they may be awarding to two vendors.
They sought franchise bids and received two responses - one for $180,000 and one for $110.000, Staff has
indicated they will likely award to the two vendors at a reduced/negotiated price ($55,000 each which
represents half of the lowest bid),
The obvious benefit of seeking a franchise agreement is the potential for a new revenue source for the Cit\-' as
well as the potential reduction of the expenses we incur in towing our fleet vehicles, A disadvantage ~f a
franchise is that larger companies would be in a better position to offer ahigher franchise fee, whereas, smaller
companies may have a difficult time doing so.
e. A third option is to seek proposals from vendors (franchise fee) and consider awarding to the top two or
three bidders. This is the direction in which Boca Raton is headed, An average of the top two or three
proposals can be taken and the contract be awarded accordingly, with both or all vendors paying the same fee.
As staff sought input from City tow vendors (copies of al1 responses attached - Exhibit B) we found that tv.'o of
the five responses (Beck's and Zuccala's) suggested limiting the towing service contract to two companies, A
third vendor (Emerald) indicated that "many city contracts do have a rotation system but most are now
contracted to no more than two companies", Their letter also stated that "the Palm Beach County Sheriff's
Office still has as many as 9 companies on rotation in a single zone but this has become more of a problem than
a solution for the public".
D. A fourth option is to structure an RFP to obtain franchise fees from vendors with a minimum bid
outlined in the proposal. For instance, the City of West Palm Beach has this type of contract, Two vendors
pay $ I 5,000 each annually (a higher minimum can be established - i.e, $20-$25K). This option may draw
increased participation because the minimum bid statement wouldn't be prohibitive for the smaller tow
companies,
PROGRAM IMPACT: Regardless of the contract model the City Commission selects, staff encourages the Commission to
consider the inclusion of free city tows for all city owned or leased vehicles (at least Class A & B). Additionally, as expressed
in the attached memorandum from the Police Department (Exhibit C), the Police Dept, requests "we secure a tow contract that
releases the City from its responsibility to pay for the storage of vehicles at the rotation tow vendor's facilities, The vendors
who maintain the vehicles stand in a position of interest as they have possession of the vehicle for collateral for eventual
satisfaction of storage fees from the vehicle's owner or relevant insurance company", Both of these provisions are very
common among neighboring municipal towing service contracts (refer to Exhibit A),
Staff has encouraged our tow vendors to attend the 8/19/08 Commission meeting to provide their input for your consideration
as well.
FISCAL IMPACT: Depending on the contract model selected, the City may potentially increase revenues in the tom of
franchise fees and possibly reduce expenses related to the towing fleet vehicles and the storage of police directed to\\',
S'\BUI.LETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
ALTERNATlVJ:S: nI. , ~
~. . "k/ .. J2
-^L d.'L " q, .....-.........- -'-< "
'.... epartrnenfiiead's' ign'ature City Manager's Signature
. Assistant to City Manager ~
U f-y ~=~~ 0?Gf'..L.) City Attorney I Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
TOWING SERVICES AGREEMENTS EXHIBIT A
COMPARATIVE ANALYSIS OF FRANCHISE FEES
PREPARED JANUARY 17, 2008
UPDATED APRIL 15, 2008
UPDATED AUGUST 5, 2008 ;i
ENTITY CONTRACT MODEL ANNUAL CONTRACrAMT. I
. COMMENTS CITY TOWS ., STORAGE FEES
Franchise $109,963.00
Franchise $141,250,00 Fleet tows free Inside $25.00 - Outside $20.00
Cars onl
Two bids submitted - awarded
Franchise $110,000.00 to both $55K ea,) Fleel Tows Free Free Storage
Franchise $30,000.00 Two companies Paid By Entity - Rates
$3, l50.00/Com an /OTR x 2 Min. Bid established Established in RFP
Franchise $25,000.00 (3) Companies $8,333.33/yea Fleel Tows Free Evidence - No Charge
Forfeilure - 45 days - No
Charge
Franchise $115,500,00/ ear Forfeiture & Cit
Rotate all companies that
Rotation NONE request to be on the list
Contract Service Rates outlined in contract Serviced b the Sheriffs office
.
Rotation Rates outlined in contract Rotation - 13 companies No Free Tows
Rotation limited to (4)
Rotation Rates outlined in contract com anies Fleet Tows Free
,
I .
- '---- --.J .
,
...)
EXHIBIT B
Letters received from tow vendors:
Y"Blake's Towing.& Transport, Inc.
Y" Zuccala's Wrecker Service
Y"Beck's Towing & Recovery
) Y" Emerald Towing & Heavy Hauling
Y" Eastern Auto Body & Glass, Inc.
I
.
,.
t " 'f I
')
BLAKE'S
TOWING & TRANPSORT, INC.
1500 SW 30TH AVE #11
BOYNTON BEACH, FL 33426
June 30, 2008
The City of Boynton Beach
Procurement Services
100 East Boynton Beach Blvd
PO Box 310
Boynton Beach, Ff 33425-0310
Attn: Carol Doppler
RE: RFQ "lWO YEAR CONTRACT FOR VEHICLE TOWING ROT A TION
PROGRAM" RFQ 007-2110-o5/CJD
Carol: )
Thank you for the letter clarifying that there will be no changes to the
current tow rotation system, including fees and charges, during the
extended period ending March 13,2009.
I look forward to the opportunity to provide the commission with my
thoughts and ideas as to how the towing rotation can be written to benefit
those involved. I strongly believe that changes can be made to
accommodate the city without any unfair financial burden placed on the
towing companies. I would like to make myself available to the City of
Boynton Beach at anytime in helping them understand the financial and
legal aspects in the operations of a towing company.
I will forward the City of Boynton Beach my opinions and information to
help guide with future changes to the towing rotation for the Commission
meeting August 19, 2008.
Sincerely
-:5--~
Jason Blakeley
President )
.
, .
-
.
"')'
RFQ NAME: "TWO YEAR CONTRACT FOR VEHICLE TOWING ROTATION
PROGRAM"
RFQ: # 007-2110-0S/CJD
Agreement between the City of Boynton Beach, Owner; and
Blake's Towin2 & Transport
(Company's Name)
CONTRACT PERIOD: MARCH 14, 2008 TO MARCH 13, 2009
L Yes, I agree to renew the existing contract under the same Terms and Conditions,
*'W!'l'TT "(QBIPIC*'fi6U~ (as shown below) and agree to submit a 'Certificate of
Insurance along with. this agreement and will name the City of Boynton Beach as
additional insured. k ~ l-rtf tJo WfOPIFIC;?n~ A"r Tltl5 T71'1i?:
)
_ No, I do not wish to renew the contract at this time.
*NO CHARGE FOR TOWING/STORAGE OF CITY VEIDCLES AND POLICE
CONFISCATEDIEVIDENCE VEHICLES FOR THE EXTENDED TERM OF TffiS RFQ.
~KP5 ~/I-'f, r /1U<t<-S /,<C- ~&a~1
NAME OF COMPANY SIG TURff .
-J1t50N BLrifc~ ta-g,[Pt:::.rJl
TITLE
NAME OF REPRESENT AT
(please print)
0/3D)Dt 5[;)1 737 3303
DATE I I (AREA CODE) TELEPHONE NUMBER
Jcjd
\
!
, - ,. ...... ,,,,
.
, I
561737537g ZUCCALA . S PAGE !!Il/81
67/11/2eea 11:68
~\ 1IECKE8/~ ')
~~ Since t.77 w~
''II4pJt~~
oooc>oeooooooc::;.
e33 E. Inoustrt'l Ave. Boynton Stach, F~ 3S-42e
(561) 137-1212, Fax: (!81} 731-6371
To the City Commissioners of Boynton Beach:
Agenda: City Towing Rotation
,"
My name is Drew Zuccala., Owner and Operator of Zuccala Wrecker
Service. I've been towing in the city of Boynton Beach for over 30 years and my
busin.ess has been operating at the same'location since 1978. Zuccala Wrecker
Service at one time had the towing contract for the city of Boynton Beach for over
10 years. The city's purchasing department sent out a letter recently that looked
more like a contract agreement than a questionnaire. But, when nobody agreod to
sign it, another letter followed saying that the first letter Was just an inquiry fur a )
future towing contract.
This brings us to my inquiry as to how to answer this q~stion. rm not in
favor ofa single company contract; or a :Umcbise.contract The city has two local
towing services that are ready end able to serve the city of Boynton Beach. These
two companies have the equipmen4 big and small, the history and the knowledge
to take care of the city's needs. Having two companies share the responsibility
takes the pressure off one single service for whatever reason. Having two
companies that have.a long history, of working well together would be an asset to
the city. This could possibly benefit the city by negotiati~g a better contract for
city owned vehicles. If the city cannot come to terms with this then at least
consider bringing do'rVD the rotation from 7 to 4 companies. Thank you in advance
for your considera.tiOTl....
Sincerely)
Drew Zuceala \
")
Beck's TOwing & Recovery
410 North East 5th Avenue
Boynton Beach, FI 33435
Phone: (561)369-1096 Fax: (561)369..()698
Frd;:,y, JUrt 11, 2008
To: City of Boynton Beach
RE: City Towing Contmct
-
) My name Is Steve Be~ ovvner end operator of Beck's Towing &
Recovery. I have been in the towing industry for the past 33 years 'With
the last 14 years owning my own towing company.
We recently received a letter from the purchasing department
asking to re-sign a contract leaving everything as it was with an
addendum to tow all city vehicles for free and store aU -police
hold\1ehk:1es for free. Naturalty, all towers would not sign it. 5hortIy
after, another ~er follCM'ed saying the first ~er wes just for hqulry
for the future bNing contract. If it's an inquiry you w~nt, here's mine. It
is obvious that the city is looking for free towing. Let's ~ce i~ that won>t
happen unless you go to e single contractor. Which l, along with other
towers are not in favor of. I believe you could get reduced rates for
the city by cutting the amount of tow contractors. You have two of the
four ksrgest tow companies in Palm ~ch County in your CM'l"'l
backyard. These t'NO companies heve ell the equipment to tovv from
the smallest of cars to the W3rgest of Semi's,
) Using these two companies would be an asset to the city and to
~/7 ... 9l-E9Z1>H9~ c< 9S90~9t-{9~ 91/IMOL I>.X:l38 IOO:'~ ~,'LIriOOZ
. .-....- ... .----. - .. . -.. .. - ._- -_. . - ... - .- - -- - - .. - . "
.
")
the patrons of Boynton Beach. If this is not possible for the city perhaps
you WOUld consider reducing the maximum number of compesnies
from six to ttYee. You know the old ~g"lf you build i~ they will
come., well with budget cuts end signs of e recession maybe it's time
for the city to rethink It's towing contr~. Thn you in ~nce for
yot:K consideretion.
Sincerely,
/cf&-/
Steven E. Beck
)
l
Ell: d !l(.E:QZvLL9' (( R890-fi9E:-l 'l' !IWfA'.OlU:l;ul ~a:l:. U'LD-8llOZ
07/23/2008 10 02 FAK 854811473'1 :.MERAL( ~U(',/CJ(
...~-''''-.,
~") ~~~~~~~ING
July 23, 2008
Carol Dopplc:r. CPPB
?urchasing Departmem:
City of Boynton-Beach
100 Bast Boynton Beach Boulevard
Boynton Beach. Fl. 33425
Re: Towing Contract
Dear Carol,
Please ~t this letter as our response to )lout reqtJ:St for informatiOll COIlceming the
August 19t1i City Commission meeting.
In my opinion the City of Boynton would be best served with either a sole proYicia
agreement or a rotation that includes no more than ~ companies that can all provide
Class A, B, and C towing service and lowboy transpoI1atiOTl.
Ha.ving multiple companies on the rotation and two separate lists for Class A, B and a
) separate list for Class C W111 not work if yuu ask to have city owned 'Vehicles towed at no
charge. The result would leave you with no one applying for the Co C List as there are
very few ClEw C ~ tows,
Many city ccntracts do have a rotation system but most are now corstI'actcd to no more
thzm two companie$. The Palm Beach County Sheriffs Office still has as many as 9
companies on rotation in a single zone but this has become more of a problem than 8
solution for the public.
Towing has been and will continue to become very specialized as we h&vc seen with
many state towing ccntnlcts now requiring certified towing operators artd certif1C81ions in
H.a.z:mat awareness and Movement of Traffic (MOT),
Sbo'Uld you have any questions I can always be roached at (561)735-0398.
--.....-
Sincerely,
f;
.
) 161 N,W. 4th Stroet · Boca Raton. Florid:! 3343:2
(BOO) 239.{)6~ . (561) 395--9595 · (561) 361-9111 · Fax (561) 361-9040
BCTU 0162 · PIIT\.,# 0153
, ,
'-)
NONCOLLUSION AFFIDA VITOF PRIME BIDDER
State of f'fr /'2-( ;;) ~ )
Countyof !1f{I/Yl r3~ )
, being first duly swom, deposes and says that:
1) Heis p{lES({)~rj- of EA->+~ ft.J/o /1?!;f )6--//)-$) ~
(Title) (Name of Corporation or Firm) ,-
the bidder that has submitted the attached bid:
2) He is fully informed respecting the preparation and contents of the attached bid and of all
pertinent circumstances respecting such bid;
3) Said bid is genuine and is not a collusive or sham bid;
4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affiant, has in any way colluded, conspired,
connived or agreed, directly or indirectly with any other bidder, firm or person to submit a
collusive or sham bid in connection with the Contract for which the attached bid has been )
submitted or to refrain from bidding in connection with such Contract, or has in any manner, -
directly or indirectly, sought by agreement or collusion or communications or conference
with any other bidder, firm or person to fix the price or prices in the attached bid or of any
other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of
any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful
agreement any advantage against the (Local Public
Agency) or any person interested in the proposed Contract; and
5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of
its agents, representatives, owners, employees, or parties i~erest, including this affiant.
(Signed) y~ fjA~
Subscribed and sworn to before me (Title) P f?:t'S ( ;J EJ1 ~
This -S \ day Of~O (j'V Q OOUGLASD.BESECKBR
, ~ ......", MY COMMISSION II DD3t73S7
~ ,,.:; """""-,. """
I~AI(Y P1.-'~__Cc.
My commission expires ~
~
------- )
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
1
.",.' _ -}""-.- .,-"
- ,.) ,/ t
<) The City of
Boynton Beach
ProcuretrretU Services
100 E. Boyntoll Beach. BouJewlrd
P. O. Box 310
Boynton Beach, Florida 33425-0310
Telephone: (561) 742-6320
FAX: (561) 742.6306
ADDENDUM #1
DATE: June 20,2008
RFQ TITLE: "TWO YEAR CONTRACT FOR VEIDCLE TOWING
ROTATION PROGRAM"
RFQ NUMBER: #OO7-2110-05/CJD
The following changes, additions, deletions, and/or information are hereby made a part of
the RFQ for the ''TWO YEAR CONTRACT FOR VEIDCLE TOWING
ROTATION PROGRAM"
) Agree to extend the existing RFQ # 007-2110-05/CJD UNTIL MARCH 13,2009
with Modifications as follows:
No charge for towing! storage of City Vehicles and Police confiscated/evidence
vehicles for the extended term of this RFQ.
Date 7,/;1(08
er, Corporation, Finn or Individual)
Signature
~t1 ~ to rr 061+::1
e p' ed Name
(1!tS I fJc~ - () w 1"1. tS"" ~
Title
~1~~--J 57,( - 3~'j- 135'(0
Telephone Number
Purchasing Agent
) c: Scott Blasie - Code Enforcement
Craig Anthony - Police
Steve Weiser - Fleet Manager
File
. -
.
.
1
t
)
RFQ NAME: "TWO YEAR CONTRACT FOR VEmCLE TOWING ROT A TION
PROGRAM"
RFQ: # 007-2Uo-OS/CJD
Agreement between the City of Boynton Beach, Owner; and
Eastern Auto Bodv & Glass. Inc.
(Company's Name)
c~cr PERIOD: MARCH 14,2008 TO MARCH 13, 2009
_ Yes, I agree to renew the existing contract under the same Terms and Conditions,
-i.'WIl11 MODH'ie;AnO~ shown below) and agree to submit a Certificate of
Insurance along with. this agreement and will name the City of Boynton Beach as
additional insured.
_ No, I do not wish to renew the contract at this time. ()o 'I
{STORAGE OF CITY VEmCLES CE
'. CONFISC CE VEHICLE ERM OF THIS RFQ.
NAME OF COMPANY SIGNATURE
NAME OF REPRESENTATIVE TITLE
(please print)
DATE (AREA CODE) TELEPHONE NUMBER
/cjd
)
America:S- Oa teWtly to the Oulfst.ream
EXHIBIr;:
CITY OF BOYNTON BEACH~FLORIDA
INTER-OFFICE MEMOR-\NDUM
"""'-
'TO: Major Unger DATE: n'-22-08 -- FILE' ,---.,.,. '"
SUBJECT: Tow Contract Presentation
FROM: Sergeant Anthony REFERENCES: August 19th City Commission Agenda
ENCLOSURES: CD of Powerpoint Presentation
In review of the tow vendor invoices for the 2007 budget year, and the 2008 budget year through May 15th, J
find the following payments have been made,
In 2007 the Police Department paid a total of $42,674.50 to six tow vendors. Of that total, $18,189.50 was
directly invoiced to the Police Department for police directed tows and storage fees. A total of $24,485,00 was
indirectly invoiced to the Police Department, via Fleet Maintenance, for police fleet vehicle tows and service
charges.
The 2008 budget year was tabulated from October IS\ 2007 through May 15th, 2008 in which the Police
Department has paid a total of$41,786.03 to six tow vendors. Of that total, $27,344,53 was directly invoiced to
the Police Department for police directed tows and storage fees, A total of $14,441,50 was indirectly invoiced
to the Police Department, via Fleet Maintenance, for police fleet vehicle tows and service charges.
The Police Department currently has 13 parking spaces available for storage in the downstairs garage, If this
space is filled to capacity then all storage of evidentiary vehicles must be maintained at contracted tow yards,
_ of which daily storage fees are applied per contract. In 2007 the Police Department paid $887.00 in storage
)fees to six tow vendors however, in 2008 we have paid $19,344,78, This difference is due to the rise in
accident fatalities this year and the need for storage to accommodate the vehicles involved.
All evidentiary vehicles, per Florida Law, must be maintained in a secure facility until released by the State
Attorney's Office, This process can be quite lengthy ranging from months to years of storage before the case is
cleared,
Traffic Homicide Investigations (THIs) are broken down into two categories, non-criminal and criminal. THIs
account for the majority of storage fees we encounter. A non-criminal THI has a minimal storage time of
approximately nine months, and can last over a year. A criminal THI has a minimal storage time of
approximately t\:vo years, or more in some cases up to five years. These vehicles can not be released until the
State Attorney's Office closes the case and allows the release, If there is no storage at BBPD then these
vehicles must be stored at contracted tow yards,
Vehicles used in criminal investigations (homicides, etc.) must be stored as evidence until the case is closed. If
the case goes to trial the vehicle must be stored for many years to allow for prosecution and the appeals
process. Should a major criminal investigation remain unsolved and a vehicle is a principle component of the
case, Florida Law dictates the vehicle must be held for 100 years.
It is the recommendation of the Police Department that we secure a tow contract that releases the City from its
responsibility to pay tor the storage of vehicles at the rotation toW vendors' racilitit:s, The yt:nuors who
maintain the vehicles stand in a position of interest as they have possession of the vehicle for collateral for
fventual satisfaction of storage fees from the vehicles' O\vners or relevant insurance company,
I
" 11'O.t.'
~~)
i!' '
Ii'< ',,' ". i Tow Bills B.y
~\ ' /if Vendor
11" '. '. -., ' -""t'
........,,_.. ....,w.:
"'-t;.:e.j,O
,------------
VENDORS PO DiRECTED TOWS S 0 ,-----. . .
m___h"h.", ,.., __"m __ ",,,__,,__ ".m'h __ T RAG E F LEer TOW S
BECKS ," "" '" ""m__________"____,,________,, -- ----------- 1
- -- -------- ....-... - .-
__...... _.n ..
1-..--.---,..-'-.-.---',..--"--~6~~~, :~",,__,_,_.,'" _ ,_~~~~=~_______~,~, 5~0:...~~C -=~_,=-~_ ' $750.00 .-------- $5,566.00
I"", _ ,2008 $2,095.00 ' ----------- $495~60-- -0"_,_,__,,,... -'-----.3 60:7':'06-'
I~=~~~:. ~~---~--~:6; __;-~-_~:~~~$2, 162 _ 50 - ;~$~~;:~ --~- .......~-~--:2: ~7;-50=
f____...____....:..___..,.___~008 __ $2,430.00 , $17,620~~6o----=~~~-__----'------..$1 ,487.00'-
I
1"'__""__"'''_ ~..~_.._,..--. .. ...-.-.......-.... . ._....' __._ ..." _"_ __..n _,_,,_,___,,___"'~""'_""""'_' __,_n ..,----, -" ...-- ...,---------,,- ------------.. ---- - ' - - - ",__._. __ m_.. .n ...._... """_,,,_~,"'"'''~_''' _ 'n ..._. .__.._...._...._..........
EASTERN .,.,,-----
,..-'--'------.----- 2007 ,-- --,
$881.00 $50.00 $742.00
I ,,' ~ ".,...~.."_,,.,_.~...u..... .' . .... .__..___.__.....~_.~._ ___.__.._.~__._..__.... _...____._.__h.__..__.~ __'_' ...~.--~_..~_._-----~-~-_._~_.__.-_._...- .~._._---- -.----. ...._.._...~--.__._----_... .-.-..--.....- .~~--------._---_.-
f ...?0~8 $917.75 $229.78 $0 _ 00
---.-----.-...-----.---- -_.- ~-_._.._...__.- --_.~..__..,_..__._......_--_. -...- - ..._._.._.._._,..--_._-_.~_._~._.__._-~_._._----_._-~_.-----.---------.
-----.---- -.----.--
tEty1~.=-==~_ -~6~f_ 'w._........__,..___,...,...__,__ $3,-679. '00 .., ._._._-_.~._---- ._~._~.. .'.-- ....-....._.~-.,.- .~.._....- ,-. -...., "------"-----$5--:506:'00"
$0.00
--_._-~-----_._-- --,-- ._....._u ~_.~ ~ -...-..------- ------- --
2008 $1,072.00 $0.00 $3,483.50
~-,_.._- ____.__.__v'...
............ ................._....~........_....... .. ...-.....-...... ...........h...._.__.._._..... '.-.-.. .'- ....-......~..............,_._.~......._. ....,-_... .........-....--.....-...-.-.....---.-. ----.....-.--...-... ...- .._--. -..-, ..... ...~._.--_.._--._--.._.- -..-..-----.- .-. - .-..... "','" ..--.- .. ..--.. -------_..._--~_."._-_._..._~.-..-._~,._.............._- ..-..-...-...
SCOTTS
........_--'-_..------~- -, $0.00 $2,037.00
2007 $5,197.50
._ ._.. _ .. . '. _.__"'^ '''_'~''''n' ._v__...~._.. _... . ~.._~.,,___..__.__'~ -..-...........,....,.....,--'---'$1-- , 350.- 00 - ._---_..__._-----_.__.__..~_..__..~--_..- ....--, ----...--...-''$1'':-527.00''-
2008 $1,000.00
.--.-.,.-,^.-.......---...-..-....- ._.~.. ~~..-.~.~-_. _. ... ..- -~.~.~---~_._.._. _...--,_._-_.._--_..---_.__.._~-----~--
---....,,-_._.---------------,~~ -- ------
ZUCCALAS
...... ._..~_._...__..._..__..n_.__._...........___..M....__..".. _,.. -_.,-~...__.._--- --~.._..-._~.._~_..._._-..---~-- -~,'--_.'-'''- -"~$75~66 - --------.----..'--,--,... $7, 7SEf' 56-
2007 $2,842.00
^.... _..'~..' _.....__'_~M___.~..~.....~, ..._......_. ~ ....._-_.- -- ._.~._-~.._,-~-_.__._-_. -- $0.00 ----- ..,"----'-$4,337.00
2008 $135.00
---.- ~-,--~----~_.._-~.--_._--- .. ..
-- ,'" ... ....._...~.._._..._--~., ~......... ..,-...-.... ....._... ---.-..--...... -... .. - ----.... ..__..._-_.._....~.. ...~. ...._..__._.._~-_..__._-_._._--_..._....._...._...-... ..~. -...... .... - ... -.- .... .-. .... .--------....-.... ,.
-~---------y--- .~---~ $17,302.50 $887.00 $24,485.00
2007 TOTALS
-----...- -_.. ~_.._......."~_....- ..-...-----...__.....-.' ... ...... ....__....H.... _"~'~_' M _... ...__.__.n_____..._.... ,.,'_ ' --.--.... _~_,.._.___~_..y.._____________..._._N...._.._.~._._.._~_...- ......._.... ..,.....- .."..,--...----...'--$14-:-441. 50
2008 TOTALS $7,999.75 $19,344.78
_ _...._.._...__.._._~.___..___A.____.._.~. ...._...._,,~ . ..~..........._..M~_~...._ ~ -- .__..._-~_.^._.~..~--_.- ._.' ~- - _.^...-_~..~_._..._-~.^ ------'"~-_.~_._~...__._-- .---...--
..-
GRAND TOTALS
...m...... ..~__ .........,....v...____.... ~_.._.~..._"........ .._..~..'.~.._,..~'w....._.._.,,_.__.___~.~..._. ._ -_._...._.,.~..__.~...__._._,--_... . _______~,_?w._..--________.......__.._.~_..........._._.._.._.._,-... ..._--, ..---~._._-~_..~_.-....--......,--"'"..,..,.._..,..,........--.,.---_........"........,....""..,..-.........-,.....,
2007 $42,674.50
, ..............~...~"......... .._..~.~,......"._...~..........._. ..... ..- ^.._.~-.._-_.._.._~-_.. .- .~_...._~.~_.-------- -^
1_____- 2008 $41,786.03 ' --..--........--.... "" . ._.~ .-~-_._-_..~._-_..._------~~-.~_._-~_._.....~~.
--'--'''''''''''------' ....,--.....--- __I
'- -- ~
.~-I
,
I ,
~- J
,.Q~1'~J:,19~ --- ,.....,;
fir) Traffic Homicide Investigations
...,~, (THI)
· NOJ}-Criminal: Usually single vehicle crashes where death
ensues and no criminal charges are filed.
Minimum storage time: 9 months to 1 year.
· Criminal: Crashes including multiple vehicles where death
ensues and charges are pending or filed.
Minimum storage time: 2 to 3 years.
· ~identiarv Vehicles: Usually not crash related where a
vehicle is criminally instrumental and death ensues.
Minimum storage time: 5 to 6 years..
~~~.J:o.~~~"c -6
~) BBPD Secure Stora e
. "The BBPD currentlY has par\<.\n9 spaces ~or 13
evidentiary vehicles \n our "\ndOor" secure
storage faciHty.
.~ .J
-
1:1""":1
""""""'-",
,,. ..
-~
EXHIBIT B
MINUTES OF THE TOWING CONTRACT MEETING OF OCTOBER 15, 2008, AT
10:00 A.M., AT THE INTRACOASTAL CLUBHOUSE,
BOYNTON BEACH, FLORIDA
PRESENT:
Lori LaVerriere, Assistant City Manager
Steve Weiser, Fleet Administrator
Carol Doppler, Purchasing Agent
Police Sgt. Craig Anthony
Police Chief Matt Immler
Jamilla Alexander, Assistant City Attorney
Scott Blasie, Code Compliance Administrator
I. Welcome/Introductions
Ms. LaVerriere called the meeting to order at 10:03 a.m. She introduced herself and
City staff, and thanked everyone for attending.
II. Outline of Meeting
A signup sheet was circulated. The meeting was noticed as a publiC meeting and was
being recorded. Minutes would be prepared. Ms. LaVerriere noted the City wished to
gather facts and information in order to prepare a report for the City Commission.
Ms. LaVerriere advised the purpose of the meeting was to discuss two provisions in the
contract: (1) City fleet tows; (2) storage, and not to negotiate a towing contract.
III. Discussion: Charges for City Fleet Tows
Ms. LaVerriere noted in consideration of a new towing service contract, a staff report
had been provided at the August 19, 2008 City Commission meeting which identified
various contract models. The existing contract covered a two-year period and included
a one-year extension. The extension had expired, but was further extended until a new
RFP was issued.
Staff sought policy direction from the Commission and suggested franchises and
rotation contracts, or modifications of either option, be considered. Four key models
were identified, and the pros and cons were set forth for each model. Two
recommendations were made by Staff to the Commission with regard to the provision
for: (1) City fleet vehicles; and (2) long-term storage. Several vendors attending the
Commission meeting were not in agreement with staff's recommendations. Mayor
Taylor therefore requested staff meet with the vendors in order to reach a consensus.
Meeting Minutes
Towing Contract
Boynton Beach, Florida October 15, 2008
Ms. LaVerriere noted the City utilized six tow vendors under the existing contract. All
registered wrecker/towing service providers located within the City limits were invited to
attend this meeting.
Ms. LaVerriere noted the City provided a substantial amount of work to the vendors
contracting with the City. Research revealed it was not uncommon for the City's fleet
vehicle tows to be free of charge. CurrentlYr the City paid a reduced rate of 50%. The
cost to the City for fleet tows and storage was approximately $45,000 per year, and it
was intended this be reduced. The general consensus reached at the August 19, 2008
Commission meeting was to remain with the rotation style contract. However, no
decision was reached, and the issue remained open for discussion.
Ms. LaVerriere requested the vendors identify themselves for the record and provide
comments for the City's edification.
Drew Zuccala, Zuccala's Wrecker Service, had been towing for the City for
approximately 30 years and had operated his business at the same location since its
inception. He had previously enjoyed exclusive rights to tow for the City for a period of
10 years. Mr. Zuccala was the owner of 11 properties in the City. He contended for
100 tows, he was compensated by the City for only 50 and, for the most part, he was
not paid for junking. The minimum cost of a vehicle needed to tow a City garbage
truck was $250,000, and the towing operator was required to be certified. Most calls
required a minimum of two hours. The last call required five hours on a weekend, as
the brakes on the vehicle would not release. Mr. Zuccala contended the City enjoyed
increased tax revenues as a result of continued growth. He pointed out a vendor in the
audience was paying a franchise fee of $142,000 for Delray Beach's contract and, after
several years of towing, his rates had increased to correlate to the County's rates. Mr.
Zuccala's recent work for the City included a tire change and a jumpstart, for which he
was paid $30. His cost to send a driver out was $28. As no profit was realized, he felt
he had been performing services to the City free of charge. He did not believe the City
should expect free services. Out of six towers, only two or three towed the City's heavy
equipment. Mr. Zuccala's company towed heavy equipment at a rate of $250, and
additional expenses were incurred for fuel, oil and tires. He did not believe other
vendors for the City were required to "give something away,"
David Floering, Eastern Towing, inquired whether the City required any other vendor
to proVide services free of charge.
Carol Doppler, Purchasing Agent, pointed out towing was an exclusive service. If the
contract did not exist, Mr. Floering would not have the City's business on a rotational
basis, and other opportunities would be lost.
2
Meeting Minutes
Towing Contract
Boynton Beach, Florida October 15, 2008
Mr. Zuccala felt the City expected towers to provide additional time free of charge,
while not expecting this from other vendors. He contended he had provided a discount
rate for City vehicles, and towed heavy-duty equipment for less than half of what he
normally charged. The newer trucks were required to have Environmental Protection
Agency (EPA) certification, which increased the price of trucks from $70,000 to nearly
$90,000. Ms. Doppler noted these costs would be considered for inclusion in the
specifications for the Request for Proposals. The City felt it was providing business to
towers, thereby saving towers the expenses of advertising.
Mr. Floering questioned whether the City required any other vendors to proVide services
at a discounted rate of 50%, or provide services free of charge in an emergency.
Steve Weiser, Fleet Administrator, believed the economy was an element of the cost
of doing business. He pOinted out towers were the only vendors to which the City
funneled business, and it was not uncommon for City tows to be provided free of
charge. Police-directed tows resulting from traffic accidents were three or four times
the amount of City tows. While Mr. Weiser was aware of the increased costs for
equipment, it was crucial the City conduct business efficiently and negotiate in the best
interests of the City and its citizens.
Craig Goldstein, West Way Towing, indicated towers were willing to provide free tows
to cities contracting with one or two vendors, as they were provided a substantial
amount of business. With six vendors on the rotation list, Boynton Beach was not
providing enough work. He noted Delray Beach utilized one vendor, and Boca Raton,
two. Ms. Doppler noted while limited rotation could be considered, the City Commission
wished to maintain more than two vendors on the list in case of an emergency.
Ms. LaVerriere agreed the current ryumber of vendors included in the rotation was not
conducive to free tows. Mr. Zuccala pointed out three out of the six vendors on the list
towed heavier equipment, and the other three should be compensated in some manner.
It was suggested Class "A" and Class "B" vehicles be towed free of charge.
Ms. LaVerriere encouraged the vendors to express their opinions, which she would
communicate to the Commission. The vendors would be invited to the Commission
meeting at which the towing contract would be discussed.
Steve Beck, Beck's Towing, averaged 16 to 17 tows a month, which, he opined, did
not provide enough business to warrant free tows. If the City utilized one or two
vendors, additional business could be provided, and free tows would be a possibility.
Mr. Weiser believed the utilization of six or seven vendors resulted in an administrative
nightmare for the City. Ms. LaVerriere noted the City of Lantana maintained 13 vendors
on its contract. She noted the City Commission did not wish to put the "small guy" out
3
Meeting Minutes
Towing Contract
Boynton Beach, Florida October 15, 2008
of business, was sensitive to sustaining businesses in the City, and leaned toward
limited rotation. From comments made, it appeared the vendors preferred limited
rotation as well.
Mr. Goldstein believed police towing related more to storage than to towing. Police
Chief Matt Immler commented on the lack of storage space and accessibility to
vehicles stored by the vendors.
Kevin Piller, Vrchota Corp., had been towing for the City of Boca Raton for
approximately one year pursuant to a franchise agreement with two vendors. He noted
the contract required storage costs be borne by his company.
Police Sgt. Craig Anthony discussed responsibility for storage costs and whether a
contract superseded Florida law. Attorney Alexander noted the tow contract could be
more restrictive, and this could be further explored.
Chief Immler noted that while the Police Department's budget was limited for towing
and storage expenditures, costs related thereto had increased substantially.
Chief Immler was exploring the feasibility of constructing an inside storage unit. Mr.
Goldstein suggested the City purchase containers that could be stored on City-owned,
fenced-in, vacant property. The 40-yard containers, which could house two or three
cars, could be purchased for $2,000 or $3,000, were air-tight and difficult to break into.
The containers lasted for approximately 10 years and survived hurricanes.
Scott Blasie, Code Compliance Administrator, pointed out City-owned property had
been designated for public use, and there were no provisions for exterior storage. Ms.
LaVerriere suggested existing properties be utilized. She inquired whether the vendors
would be willing to consider purchasing one or two containers if something could be
worked out. Mr. Goldstein advised he was well acquainted with the vendors in
attendance and believed they would be willing to work with the City. He advised he
was on the Board of Commissioners for Consumer Affairs and would share the events of
this meeting with the Board. It was his opinion none of the vendors wished to be
removed from the rotation,
Chief Immler commended the six vendors with whom the City contracted for services.
While the City was not bound by a particular policy or procedure, measures were
sought to cut the budget. In particular, it was believed storage and towing
expenditures could be reduced.
Mr. Beck noted vendors on rotation v'v'ere not motivated to provide serJices vv'ithout
compensation and, if asked to do so, would likely be "conveniently unavailable." It was
suggested the City pay a fee, even if on a reduced basis.
4
Meeting Minutes
Towing Contract
Boynton Beach, Florida October 15, 2008
Mr. Goldstein believed a balance should be achieved with regard to the calls from the
City handled on a rotation basis. Multiple trucks were needed for City towing so that
calls were not missed. If a tower was called out to provide a service for which he was
not compensated, such as a tire change, the tower should have the opportunity to
accept the next "paid" call from the Police Department. The elimination of two lists was
advocated. Ms. LaVerriere suggested utilizing one list. Fleet calls would go to Dispatch
and would not be rotated until a Police Department, or paying call, was received. Chief
Immler alluded to possible difficulties with the current Computer-Aided Dispatch (CAD)
system, and Ms. LaVerriere pointed out the software could be changed.
Discussion ensued as to what services the vendors would provide free of charge. Mr.
Zuccala suggested free services be limited to Class "A" vehicles and road services. It
was suggested Classes "B," "C," and "0" vehicles be charged at the reduced rate of
50%. Mr. Weiser believed it would probably be beneficial for the City to tow its own
vehicles, which the County had been doing.
Mr. Floering indicated he could provide free services Monday through Friday, as long as
he was not awakened at 3:00 a.m. Mr. Beck believed most towers paid their drivers a
salary plus commission on after-hour calls. Mr. Weiser noted most towing businesses
operated 24 hours a day, seven days per week. Mr. Beck believed a vendor towing 100
cars per month would be more inclined' to provide free services. He felt it would be
ludicrous to expect a driver to change a tire on a police vehicle at 3:00 a.m., free of
charge, for only 16 tows per month.
Mr. Goldstein believed the City would probably be provided free tows if one or two,
rather than six, vendors were utilized. He contended the vendors would be willing to
"give a little to get more."
Mr. Zuccala believed it would be preferable to continue with the rotation process. Ms.
LaVerriere asked for a consensus on the limited rotation process, utilizing one or two
vendors. Mr. Goldstein noted he was in favor of the process. He believed the most
favorable course of action would be for all the vendors to remain on rotation, and to
work with the City by eliminating all Class "A" charges, including road service and local
tows up to one ton.
Ms. LaVerriere polled the vendors and a consensus was reached as follows:
. The rotation status should be maintained with limited rotation; and
. The City should be provided free road service and tows up to one ton, within City
limits, "24/7" for Class A vehicles (City fleet vehicles).
5
Meeting Minutes
Towing Contract
Boynton Beach, Florida October 15, 2008
The language of the contract was reviewed and included the forfeiture process and
criteria for mileage. The number of companies to be included on the rotation list was
also addressed. Ms. LaVerriere polled the vendors as to their preference, and the
responses were as follows:
. Drew Zuccala (Zuccala's Wrecker Service): Three to five;
. Jason Blakely (Blake's Towing): Three to five;
. Steve Beck (Beck's Towing): No more than 4;
. Mike Damilio (Anytime Towing): Anyone holding a business tax receipt should
be included on the list;
. Lee Dornot (L & N Towing): Did not wish to comment;
. Doug Faulkenbury (JD's Towing): Five to seven;
. Kevin Piller (Vrchota Corp.): Two companies. The City should receive a franchise
fee and towing free of charge;
. Craig Goldstein (Westway Towing): One to two towers, with a franchise fee and
free towing for the City;
. David Floering (Eastern Towing): The list should be limited to six vendors;
. Earf Scott (Scott Towing): The list should be limited to six vendors.
IV. Discussion: Charges for Storage
Ms. LaVerriere noted efforts to locate a storage facility would continue, and staff would
explore the feasibility of purchasing containers.
V. Closing Remarks
Ms. LaVerriere thanked everyone for their' input. She would prepare a report for the
Commission's review and anticipated the matter would be addressed at the November
18, 2008 City Commission Meeting. She would be contacting the vendors and
requested their e-mail addresses.
6
Meeting Minutes
Towing Contract
Boynton Beach, Florida October 15, 2008
Adjournment
There being no further business to discuss, the meeting properly adjourned at 11:44
a.m.
I DG'~
St~~~~K~n
Recording Secretary
101708
7
XI. - NEW BUSINESS
ITEM B.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
o August 19, 2008 August 4, 2008 ONoon) o October 21,2008 October 6, 2008 (Noon)
o September 2, 2008 August 18,2008 ONoon) o November 5, 2008 October 20, 2008 ONoon)
o September 18, 2008 September 2,2008 (Noon) o November 18, 2008 November 3, 2008 (Noon)
o October 7. 2008 September 15. 2008 (Noon) o December 2. 2008 November 17,2008 (Noon)
0 Anno uncements/Presentati ons 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Vice Mayor Rodriguez has requested a motion to reconsider the recommendation of the Recreation
and Parks Advisory Board, at the November 18, 2008 City Commission meeting, that requested the City Commission
reconsider the development of Meadows I/Nautica Park site as a neighborhood park and consider the development of the
Quantum Park site as an "eco" nature community park,
EXPLANATION: At the November 18,2008 City Commission meeting Commissioner Weiland made a motion to approve
alternative number one to develop Meadows I/Nautica Park and to include lighting as well as restrooms, Commissioner
Weiland also included in the motion that staff fast track this and move forward with getting the design done and construction
done, Vice Mayor Rodriguez seconded the motion and the motion passed 3-2 with Commissioner Hay and Commissioner
Ross dissenting.
PROGRAM IMP ACT: NI A
,,~
FISCAL IMP ACT: NI A
AL TERNA TIVES: Not to approve the motion to reconsider.
City Manager's Signature
Assistant to City Manager ChL
City Manager's Office
Department Name City Attorney I Finance
S:\8ULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
IX. - CITY MANAGER'S
REPORT
CITY OF BOYNTON BEACH ITEM B
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
o August 19,2008 August 4,2008 (Noon) o October 21, 2008 October 6, 2008 (Noon)
0 September 2, 2008 August 18,2008 (Noon) o November 5, 2008 October 20,2008 (Noon)
o September 16,2008 September 2, 2008 (Noon) ['8J November) 8, 2008 November 3, 2008 (Noon)
o October 7, 2008 September) 5, 2008 (Noon) o December 2, 2008 November 17,2008 (Noon)
0 AnnouncementslPresentations ['8J City Manager's Report
NATURE OF 0 Administrati ve 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDA TION: Per the recommendation of the Recreation and Parks Advisory Board, it is requested that the City
Commission reconsider the development of Meadows IlNautica Park site as a neighborhood park and consider the
development of the Quantum Park site as an "eco" nature community park.
EXPLANATION: On August 19,2008, the City Commission approved $600,000 towards the development of the Meadows
IINautica Park project in District 4 using Park Impact Fees. Meadows IlNautica Park is a 9-acre site located on Meadows and
Springfield Blvds. This recommendation was discussed by the Recreation and Park Advisory Board at their September 22,
2008 meeting, During the meeting, the Board also recalled previous discussions by Angela Budano, on September 26,2005,
regarding the development of the Quantum site as a community greenhouse and gardens for environmental education and
recreation purposes. A motion by the Board at that meeting encouraged Ms, Budano to pursue her idea, At the same
September 26, 2005 meeting, David Katz, as a resident of Windemere HOA, spoke about the development of the Meadows
IINautica site as a passive, neighborhood park. No action by the Board was taken, On July 23, 2007, the Board heard from
David Katz as liaison to the 300 Property Owners, Inc" that they only wanted a passive park at Meadows IlNautica with a
trail, a foot bridge to connect Meadows I to Nautica, no parking, no picnic shelter, no restroom and no play equipment. After
discussion, the Board recommended that the Quantum Park site be developed rather than Meadows IlNautica site because of
the following:
Quantum Park Site
. This site will be developed as an "eco" park based on the natural elements and the opportunity for environmental
education that the City currently does not have in the parks system,
. This site is considered to be a community park, as defined in the Recreation and Parks Strategic Plan, which will
serve a 3-mile radius of residents; however, because of the uniqueness of an "eco" park in the City, it will serve the
entire City as a destination park.
. This site is a link and destination point in the City's Greenway Master Plan,
. The site will serve as a trailhead for a "blueway", or water based use in the Greenway Master Plan.
. The site can be built in phases.
. The site will be eligible for numerous grants and will be an ideal project for support by the Boynton Beach
Community Foundation.
. There are opportunities for developing partnerships with the area schools and universities that have an environmental
education curriculum which could include education, monitoring and maintenance,
S:\BULLETTN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Meadows I/Nautica Site
. This site is considered to be a neighborhood park which will serve a "2-mile radius.
. Within a 3/~ mile of this site, there are two public parks (Meadows and Boynton Lakes Parks) and 1\-vo private parks
which can be used by the homeowners of the surrounding neighborhoods,
. Grassed areas are more costly to maintain than natural areas. Development of this site would require additional
manpower and equipment or contract maintenance.
. There are no opportunities for grants for this type of park.
Interest for the development of Quantum Park as a passive park has been expressed from the residents of the Parkside
development adjacent to the park. As customary, staff would hold public meetings for either park to obtain feedback.
Attachments:
. Exhibit A - Letter from Recreation and Parks Advisory Board recommending development of the Quantum Park site
. Exhibit B - Minutes from Recreation and Parks Advisory Board of September 22, 2008 regarding discussion of the
development of both sites
. Exhibit C - Minutes from the City Commission meeting of August 19, 2008 regarding consensus to proceed \V'jth the
Meadows I/Nautica Park development
. Exhibit D - Minutes from the Recreation and Parks Advisory Board of July 23,2007 regarding David Katz's request
for development of the Meadows I/Nautica Park site
. Exhibit E - Minutes from Recreation and Parks Advisory Board of September 26,2005 of Angela Budano's request
for development of Quantum Park and David Katz's request for development of Meadows I/Nautica _
. Exhibit F - Aerial view of Meadows I/Nautica Park site
. Exhibit G - Benefits of Development of an Eco Park and Conceptual Plan for Quantum
. Exhibit H - Map of the service area of the parks which indicates the service area for the Meadows UNautica and
Quantum sites
. Exhibit I - Cost estimates for both sites
. Exhibit J - Potential funding sources and partnership opportunities
PROGRAM IMP ACT: Quantum Park Phase I would consist of the development of a trails system, restoration of the natural
landscape, rock garden, picnic area, lake, playground, restroom and parking area. This should have minimal impact on parks
operations since most of the park will be natural vegetation. It is anticipated that the maintenance of the Quantum site would
require approximately lOman-hours per week. Future development may include a nature center, interpretive exhibits.
arboretum and kayak/canoe launch which will require more staff. It is anticipated that some of the future staffing needs wi II
be met through volunteers.
Development of the Meadows I/Nautica Park site, as desired by the surrounding residents, would consist of 9 acres of grass
and would require approximately 22.5 man-hours a week to maintain.
FISCAL IMPACT: Quantum Park, Phase 1 is estimated to cost $726,500 which includes design. site preparation,
restoration of natural vegetation and landscaping, development of trails, rock garden, picnic pavilion. playground. restroom.
parking, fencing and utilities. No additional equipment or personnel will be required in Phase 1. Annual maintenance COSl
will be approximately $8,500. Future development will depend upon funding and could include a butterfly g.arden,
arboretum, botanical garden, kayak/canoe launch and nature center.
Development of the Meadows I/Nautica site will cost approximately $660,000 for design, site preparation, sod, liTIgation.
restroom and trail. Although the neighborhood has expressed a desire not to include a restroom, the City's land development
regulations will require the construction of a restroom which will cost $]40,000. Maintenance of the site by Cily slaff will
require the purchase of additional maintenance equipment for an estimated cost of $1 0,000 and annual maintenance costs of
approximately $] 2,500. Manpower needs are estimated to be 22.S hours per week; however, the existing maintenance
staffing levels are not enough to maintain this additional acreage so additional staff would be required. Due to the current
budget constraints and the loss of two vacant parks maintenance worker positions, maintenance for this site.:annot be
,1m II I FTIN\FORMS\AGENDA ITEM REQUEST FORMDOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
absorbed with the existing staff and budget. Contract maintenance would be between $18,000 and $40,000 per year.
Additional costs would be approximately $8,500 for fertilizer, irrigation repair, custodian, etc, annually.
The Park Impact Fee fund currently has a balance of $4,470,674. The Commission has approved $2,400,000 for the
replacement of the boardwalk at Oceanfront Park from these funds which leaves a balance of$2,070,674.
AL TERNA TIVES:
. Alternative #1 - Development of the Meadows IlNautica Park site using $60,000 in the FY2008/09 eIP funded with
Park Impact Fee funds and $600,000 to be allocated to the FY 2008/09 CIP using Park Impact Fee funds for a total
of $660,000,
. Alternative #2 - Development of Phase I of the Quantum Park site using $726,500 to be allocated to the FY 08/09
eIP using Park Impact Fee funds, This is the recommendation of the Recreation and Parks Board and staff.
. Alternative #3 - Not to develop either site at this time,
, T ~
/
//
,J5-epartment Head's Signature Ity anager sIgnature
Assistant to City Manager ChU.--
Recreation and Parks
Department Name City Attorney 1 Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
-.:, 't~ ~
.~ r;::::::l r r,:::::::J l"'-\ I ,C/~""'7
116\ ~ (G ls U '\il ~ ii'l'( i~' .
September 29, 2008 Iln\ \ ocr '2008 '_d
III J: -
I '" I
Kurt Bressner, City Manager \ L
\ CI1Y M,~N~,GER'S OFflcr
City of Boynton Beach
100 E, Boynton Beach Bvld,
Boynton Beach, Florida 33435
Dear Kurt,
At the August 19 City Commission meeting, Commissioner Ross expressed concern
regarding the needs of residents in District IV and the lack of park and recreation
facilities, At the meeting it was suggested that funding to develop the NauticalMeadows
park site was available through use of the Park and Recreation Facilities Impact Fee fund.
The Recreation & Parks Board respectfully requests that the City Commission consider
developing the Quantum Park site instead,
Our board meeting in August involved a tour of various parks and park sites, including
those in District IV, It became evident to the Board that our community would be better
served by developing the Quantum park site, which is also in District IV, The Board
acknowledges that it would be more expensive to the fully develop the Quantum site, but
this could be done in phases, The Board also considered that development of the
Quantum park site, if it were to move forward, would be eligible for several grants and
alternative funding sources. Development of this site creates exciting environmental
education opportunities, it is bordered by potential "greenway/bikeway" and "blueway"
corridors, and it has a very broad service area.
Residents who support the development of NauticalMeadows park site have made it clear
that they want a very passive park with no parking, lights or restrooms. Obviously, this
would only serve those who could walk to this site, and this would be a project ,vith very
limited alternative funding opportunities,
At our meeting in September, staff was asked to prepare a letter on the Board' s behalf to
the City Manager requesting that our recommendation be fOT\varded to the City
Commission. Please let us know if further correspondence is necessary,
Sincerely,
/.-; \) L)_
I......... .' ':.' ,-, I. "', -: ~
r- i /' (. 7. -~ ~J}+v{ ,1j?)')j:.i~ - ~e'.~
,,/,--, ~...~ .~ I _
Elizabeth Pierce-Roe, Chairperson
Recreation & Parks Advisory Board
City of Boynton Beach
C: Recreation & Parks Advisory Board
Lori La V erriere, Asst. City Manager
Wally Majors, Recreation & Parks Director
EXHIBIT B
Meeting Minutes
Recreation and Parks Advisory Board
Boynton Beach, Florida September 22, 2008
The permitting process for Boat Club Park was close to completion, with minor
comments to be addressed. Thereafter, bids would be solicited.
The permitting process had been completed for Congress Avenue Community Park.
Seven contractors had been shortlisted and quotes were anticipated.
Mr. Majors reported Mayor Taylor announced at a City Commission meeting that County
Commissioner Kanjian was desirous of allocating funding for a project in Boynton
Beach. It appeared the Commissioner was enthusiastic about the Congress Avenue
project.
Chair Pierce-Roe requested additional benches be placed in Boat Club Park directly
before the boardwalk. Mr. Majors noted this could be accomplished. He noted major
improvements had been made to the building. Ms. Rivers noted the playground
equipment would be replaced. Several groups, including the Coast Guard Auxiliary,
Fishing Club and Boys Club, met at the Clubhouse.
v. NEW BUSINESS
A. New Park Development
Mr. Majors reported the City Commission recently indicated funding might be available
to develop a park in the northwest quadrant of the City. Ms. Rivers identified funding
sources which included the Land and Water Conservation Fund, Florida Recreation
Development Assistance Program (FRDAP), and potentially the South Florida Water
Management District (SFWMD). The current Greenway-Blueway Plan provided for a
water connection that would link the property to the Quantum, Winchester, FP&L and
Girl Scout sites. There was also the potential to extend some of the trails by working
with the Quantum group that owned the adjoining conservation land.
In comparing the Quantum and Winchester sites, Mr. Majors believed Quantum
provided greater options. One site had more of a nature feel, while the other more of
an urban setting. Mr. Majors noted there were no eco parks in the City, although there
were scrubs. It was believed the scrubs would be the most ecologically challenging.
Mr. Majors indicated his interest in obtaining feedback from the Quantum residents.
Early indications were there were a good number of opportunities for this type of park.
The residents in the Meadows/Nautica area had requested an ultra-passive park and as
such, there would be iittie pubHe gain from a grant standpoint in terms of the two
projects. Funding was imperative in terms of development and maintenance. Ms.
Rivers pointed out mowing was the most time-consuming and expensive element in
maintenance, requiring fertilization and irrigation. The Meadows/Nautica residents
indicated an interest for a low-maintenance type of park with little or no irrigation. Any
6
Meeting Minutes
Recreation and Parks Advisory Board
Boynton Beach, Florida September 22, 2008
type of grass would require irrigation. Chair Pierce-Roe indicated her concern that the
residents of Meadows/Nautica did not want to include any development that would
encourage other citizens in the City to visit the area,
The Board liked the Quantum site with its natural habitat and walking trails, and had
received public support for its development. They also believed it would be easier to
obtain grant monies for the Quantum site.
The Board concurred it would be preferable at this time to develop the Quantum site
rather than Meadows/Nautica, and directed staff prepare a fetter to the City Manager to
that effect. The letter would be signed by Chair Pierce-Roe.
B. Needs Assessment
Ms. Rivers noted the telephone portion of this year's needs assessment had been
completed. A consulting company randomly surveyed 400 City residents. The results
were broken down into categories for individuals aged 18-39/ 40-59/ 60-69 and 70-plus.
Another category was established for individuals aged 18-59 and 60-plus, which
determined a strong need for youth activities if the senior element was omitted from
the survey, and a strong need for senior activities if the younger element was omitted.
A list of 12 of the City's more frequented parks had been proVided to respondents,
Results revealed 750/0 of the respondents could direct individuals to Oceanfront Park,
72% to Intracoastal Park, 60% to the Senior Center and 55% to the Art Center.
Thereafter, the results fell below the 50% mark in directing individuals to the Tennis
Center, Boat Club Park, Ezell Hester Center and Meadows Park. While Meadows Park
was frequented regularly, only 38% of the people surveyed could direct individuals to
this park, indicating enhanced marketing was needed. It was noted Oceanfront Park
was regional in nature, while Meadows Park was more of a neighborhood park. Ginny
Sheaf of Recreation and Parks, had recently completed the annual marketing plan
update, and Web-TV and BBTV would be utilized to market the parks. It was noted
staff was currently in the process of developing 30 or 40-second marketing segments,
A new feature was noted on the City's website providing individuals an opportunity to
sign up to receive informational e-mails on subjects of interest.
The individuals surveyed were asked whether there were sufficient recreation
opportunities for each of the six age groups. The respondents felt there were sufficient
facilities for seniors and children, but not for young adults or teens. Adults and seniors
beiieved teens lOitered and should be provided \-vith activities. It appeared teens were
unaware of the various programs offered by the City.
It was noted 37% of Boynton residents had participated in Recreation and Parks
Department programs which included organizing team sports, individual sports and
physical activities. Staff's goal was to achieve 50% participation.
7
Meeting Minutes EXHIBIT C
Regular City Commission
Boynton Beach, FL August 19, 2008
Motion
Commissioner Ross moved to table Item III.C.2. Commissioner Ross seconded the motion.
The motion passed unanimously.
(The fo/lowing item was taken out of order.)
IX.B. Provide direction regarding future action plan for construction of a new Police
Administration Building on City-owned property at the corner of Gateway
Boulevard and High Ridge Road and the sale of bonds in the amount of $2SM to
fund this project.
Mr. Bressner reminded the Commission that as the budget got tighter; it would be his
recommendation that other larger projects be held in abeyance and the police facility given
priority. Construction of Fire Station #5 was ongoing at the proposed site that was designed as
a safety complex. He noted the proposed State legislation requiring Green Code compliance
would necessitate a higher cost as would the addition of a parking deckr for a total estimated
expenditure of $31M. The City had bonding capabilities in the range of $25M to $28M. The
original capital plan was to borrow $2SM if the project would be brought in under bid and still
take advantage of lower bidding prices.
Currently there was $2.9M budgeted for Phase 1 of the Boundless Playground with the cost of
the project being funded by creation of the Foundation. If the police facility project went to
$31M, the funding for the Boundless Playground and beach project would be jeopardized. The
Recreation and Parks budget has $4M available for parks. The Oceanfront Park project has an
estimated cost of $2.4M which could be funded from Recreation and Parks available funds.
Alternative funding scenarios were discussed. Mr. Bressner stressed many projects had been
completed over the last ten years. He felt it was necessary to move forward with the police
facility construction and the beach project, but to continue to strive for the completion of the
Boundless Playground project.
The three funding options were as follows:
.:. Proceed with building the police facility assuming the cost of $25M, with the
Green Code compliance adding 10%.
.:. Proceed with the $31M and adversely affect the other capital projects, adding
10% for Green Code compliance
.:. Investigate other independent financing and near term debt requirements.
Vice Mayor Rodriguez clarified that the public service tax money of $1.8M was debt service.
Commissioner Hay developed the fact that other park projects such as the Nautical/Meadows
Park, \^Jinchester Park and Optimus Park v,:ould be delayed, all vv'ithin Commission Distiict four.
Mr. Bressner pointed out the increase in the bond issue above $28M would cause an issue.
Vice Mayor Rodriguez supported building the new police facility, but felt with value engineering
3
Meeting Minutes
Regular City Commission
Boynton Beach, FL August 19, 2008
---- --------.--
and a decrease in the square footage, the building should be brought in at the $2SM figure to
keep the bond issue at $28M. Mr. Bressner indicated the new Green Code implications were an
issue and the building would be one of the first to comply with those regulations.
Commissioner Hay agreed with Vice Mayor Rodriguez with the caveat that the Heart of Boynton
and Ocean Breese projects continue also, Chief Immler advised the anticipated growth in
personnel would be approximately 40 officers over. the next ten years, for a total of 200
officers.
Commissioner Weiland also wanted to move forward with the police project, He did raise the
question regarding storage facilities for vehicles. Chief Immler explained cars involved in fatal
accidents were required to be kept in storage until all civil and criminal proceedings had
concluded, which could be 10 to 15 years. Either a new storage facility would need to be built
or the tow companies could store the vehicles on their lots, Commissioner Weiland agreed the
police facility should move fOM'ard as well as the public beach project, with the Boundless Park
put on a temporary hold.
Mayor Taylor suggested proceeding with Phase 1 of the Boundless Playground as the $2.9 M
had already been budgeted for that segment. With the $4M available in the Recreation and
Parks fund, $2.4M could fund the beach improvements and $600(000 could be used to develop
that Nautica/Meadows Park, leaving a balance of $lM. Mayor Taylor did feel the police facility
should be built at the 81,000 square foot size utilizing alternative financing and interest rates to
obtain the $35M, He felt a challenge to the Green Code mandates may be appropriate.
Mr, Bressner suggested another option may be a lease to own situation with a developer. Vice
Mayor Rodriguez offered the option that a basic price point could be used and specifics
provided how that could be funded either with a bond issue or a bank financing project, Mayor
Taylor wanted the City Attorney to investigate challenging the Green Code unfunded mandate
and any alternative financing available with a bank loan,
Vice Mayor Rodriguez challenged the City Manager to build a 81,000 square foot facility at the
$25M price range. Mayor Taylor agreed. Commissioner Hay questioned if police substations
throughout the City had been considered as an alternative. Chief lmm\er contended
substations were not cost effective and were not a deterrent to crime.
Mayor Taylor declared there was consensus to move forward with the 81,000 square foot police
facility to be built at the $25M price range plus incorporate the 10 percent Green Code
mandates.
Commissioner Ross remained concerned with the needs of the residents of Distikt four and the
lack of park and recreation facilities. Commissioner Weiland pointed out additional park and
recreation fees would be gained as new construction continued. Other projects would be
deveioped as the revenue stream increased.
Mayor Taylor declared there was consensus to proceed with the beach project for $2.4M and
proceed with the NauticajMeadows Park project for $600,000.
4
EXHIBIT D
Meeting Minutes
Recreation and Parks Advisory Board
Boynton Beach, Florida July 23, 2007
Mr. Majors was negotiating with a firm for installation of a boardwalk at the beach.
They had related activities with the trellises and a contractor was on board for the
lights. Additionally they entered negotiations to do public restrooms at Boat Club Park,
all with county money. Mr. Majors hoped to do the pavilions and if they could stretch
the money out further, they would upgrade the landscaping and fishing. Mr. Majors
explained it would take a full time individual to manage just the construction projects.
Mr. Majors announced the tennis pro at the center was gone as of October 1 and the
City was 'also losing a senior manager. He advised the board existing staff would have
to cover and absorb those losses. The department was considering whether the City
wanted to contract out services such as lessons, organizations and activities, such as
the tennis programs, and was evaluating all options associated with the center. Youth
could be served through a contractual agreement similar to the ones used by
Wellington, West Palm and Delray Beach, who contract their services out. Boca Raton
had a salaried tennis professional, but it was thought the City would have to make ~ dD
with what they presently have.
Chair Pierce-Roe noted in the past the City had problems trying to staff the pool. She
asked if the Aquatic Director was going to need certifications.
Mr. Majors responded they could direct someone to become certified and use beach
staff and other resources to pull from. Mr. Majors noted the department could not
guarantee people jobs and Chair Pierce-Roe explained in the past it was stipulated that
the department would train employees to work in their facility, so they don't have to
pay fees for the certification. There was in-service training for six months tD a year. He
anticipated having lifeguards who have experience, and they would see how it goes
from there. An Aquatic Supervisor was needed to recruit staff who could devote time to
just the pool.
Mr. Majors reported David Katz was present to discuss a park site in the Meadows. He
further informed the board they had funding in the Capital Improvement Budget to
develop those park sites for design, planning and in the next fiscal year, then the
construction and development of the park the following year after that. He noted with
any of the parks, the board would be engaged and they would hold community
meetings.
David Katz, 67 Midwood Lane, had a letter for the board, but first prefaced his
comments by indicating he was the liaison and the community was interested in having
a passive park adjacent to the WindemerejMeadows. He read the letter into the record
as follows;
3
Meeting Minutes
Recreation and Parks Advisory Board
Boynton Beach, Florida July 23, 2007
"Dear David, A: t:ie June 5th Board of Directors meeting! it \",ras agreed by t:le all board
members to appoint you as liaison of the 300 Property Owners /l.ssociatior "'e~arding
the resurrection .of the City Plans for creating a passive park site on the lot adjacent to
Windemere in the Meadows. This letter will serve as your appointment authoriZing you
tJ obtain information regarding t'lis matter! whicr, must be provided ,to the board f:y
review and discussion. ThanK you 'Ir, advance "or your help,' The letter wes signed by
Sue Daniels (Property Manager) 300 Property Owners Association. Mr. Katz explained
the 300 Property Owners Association was the master association for the Meaoo\",'s,
Mr. Katz had a second letter from Nautica Sound Homeowners Association requesti ng a
park be constructed, which he read. A copy of the letter is attached to the meeting
backup. This letter was similar in nature to the letter from the 300 Proper::y Owners
/l.ssociation. Mr. Katz thought the more parks the better. ~He announced the mangroves
<l coalesced the communities.) He advised the Meadows ha been in existence since 1992
. with the dedicated park site. Now people are aware of budget cuts and rollbacks, but
they felt it was unacceptable to not have the parks because the money was coming in
for the park all these years, yet nothing/was one. People were currently using it for
,l\TV's. Soon they would be going into 09 a d the property would still be vacant after
17 years. He explained the Meadows p , , fair share of taxes. The propert~/ Dwners
, felt it was time the land would be developed, hopefully faster than two years.
There were no questions from the board. f\1r. Katz requested Mr. Majors or tv'lS, Rivers
keep him informed, Mr. Majors explained the workshop in August was coming up, and
that was the first step to take. He invited Mr. Katz to attend the workshop. Mr, ~-1ajors
explained towards the end of the fiscal year, they would be engaging a consulting
engineer and an RFQ. Once on board, they would go from there, Mr. Katz explained
they were not looking for a fancy park, just a simple easy and natural pan:, tv1 r, Katz
had a sketch at his home of something they were looking for and he would deliver tha~
to Mr. Majors. He eXDlained there was a natural dividing line consisting of shrubbery or,
the park lands. He thought the shrubs cO'Jld remain and perhaps a walking bridge be
added.
[v'ts. Rivers explained the department liked to start with a blank slate and that was the
purpose of the community meetings. The department tried to design parks, but
determined they needed an engineering firm, Subsequently! they build :eams tc
develop parks and the teams are thorough, Mr. tYJajors cautioned that parking fo'" the
Darks was a land development issue and in the past, if parks die not follow the Cod::
requirements, there were appeals and other issues that needed t'J be addressee
because the land development regulations req'Jire certain facilities and infrastructure tc
:.-. .-.. ~ ..... ..-. I .... .... __ The pork could no: negativelY jm:Jao: "Lne surrounrjin;] :Dn-lrnu;lit',:r 2n:
LJt:: ill ~J:1'_e,
parking! rest:ooms and lighting were th~ee things Included in park designs, rYJ r, I,~ aJor::
,
4
Meeting Minutes
Recreation and Parks Advisory Board
Boynton Beach, Florida July 2.3, 2.007
also explained once the facilities were in place, the City would be the entity who
maintained them.
B. Public Art Update
Ms. Rivers distributed a handout and explained the City was creating an Art Walk. Ms.
Rivers noted this project was coordinated by Debby Coles-Dobay, Public Art
Administrator. Another item discussed was the art piece for the Veterans. . The Veterans
received p,ermission to put the new Veterans Memorial at Bicentennial Park and the
Eternal Flame was no longer the selected piece. The Veterans had decided they wanted
their own art piece and approached the City with their selection as opposed to a publiC
art piece to be commissioned for them. This would be a multi-pronged effort that
would involve the Arts Commission and the Recreation and Parks Board. They would
also be asking to have the plaques currently located at Intracoastal moved to
Bicentennial Park. Mr. Majors noted Bicentennial was a more active park and Veterans
Park was more reflective.
Ms. Rivers explained the Sims Center received very good press cDverage about the
Carolyn Sims Memorial.
V. NEW BUSINESS
A. Ezell Hester, fr. Community Center and Park
Mr. Majors explained they would like to tour the center and would move this item to the
end of the agenda.
B. Monthly Report
There were no questions or comments on the monthly report.
C Items for the City Managers Attention
Mr. Majors informed the board the City Commission considered a paintball activity in the
City. The consensus of the City Commission was it would not send the type of message
they would like because it requests a player to eliminate their opponents with an object
that resembles a gun. He advised the board is receptive to citizen suggestions and the
board gave the activity its due consideration, but the final decision rested with the City
Commission. Additionally, it was discovered there was paintball at Quantum Park.
S
r
Meeting Minutes EXHIBIT E
Recreation and Parks Board
Boynton Beach, Florida September 26, 2005
Ms. Winters inquired how people would know that they could request a name for a City
facility. Vice Chair Orlove did not think it was this Board's responsibility to inform
residents they could recommend names for City buildings. A lengthy discussion took
place on the process of naming buildings or other City locations after people, Mr. Majors
noted a contest was held when a name was selected for "Pond B," but this was done
before the City put a process in place.
Mr. Majors, as well as Mr. Williams, will contact Ms. Rahming to let her know the Board
is contemplating her recommendation for the Intracoastal Clubhouse, but needs more
support and background on Mr. Wright.
B. Quantum Park SiteIThe Gardens on Spring Creek
Ms. Angela Sudano presented some handouts in conjunction with her PowerPoint
presentation that included areas she visited as follows: The Gardens on Spring Creek in
Ft. Collins, Colorado, the Cheyenne Botanic Gardens in Wyoming, and the Art School at
Colorado State University.
The intent of the presentation was to demonstrate various uses that could be introduced
to the Quantum Park Site owned by the City. Ms. Budano reviewed the sites visited and
the various uses at each site. All kinds of groups utilized the sites, and at one site there
were youth groups performing community service.
Ms. Sudano spoke on how the parks were sustainable and able to generate funds to
operate. Many parks had naming opportunities that generated income and the buildings
at the sites were built to be energy efficient. Also funds were generated through bonds,
grants and private donations. The Gardens on Spring Creek have a greenhouse that
was accessible to everyone. Also there were places for meditation and repose,
Individual plots were available for people wanting their own plots for gardening. Most
sites were handicap accessible.
A peace garden was located within the Cheyenne Botanic Gardens. Many sites had
lakes and ponds that Ms. Sudano thought could be added to the Quantum Park site,
A!so, people volunteered to help with the upkeep of facilities.
The park could also be used for educational purposes for all ages of students. Ms.
Rivers commented that the park had no boundaries and was free form. Ms. Budano
pointed out that all these amenities were located on nine acres that could be easily
achievable with the Quantum Park site.
Having a park of this quality would be open to public art and in one park the garden was
designed specifically for public art. Examptes of public art vvere pointed out. These
parks encourage community pride and demonstrate responsible planting. The Gardens
on Spring Creek has 40,000 visitors each year and is able to provide the flowers grown
in the greenhouse for all City properties.
6
Meeting Minutes
Recreation and Parks Board
Boynton Beach, Florida September 26,2005
The project at Colorado State University was done through a grant and was designed
by a student. Ms. Budano pointed out that the grass was also designed so that people
in wheelchairs could lean over and feel the grass, which is an experience that a non-
handicapped person would take for granted. An art garden was designed by one of the
students that was a wonderful attraction for the park. Ms. Sudano thought that many of
the ideas illustrated could be achieved in the Quantum Park site.
Ms. Budano concluded her presentation and hoped it had instilled inspiration in the
Board to recommend moving forward with this project. Ms. Budano has been collecting
brochures to determine entrance fees, membership fees and fundraising activities. She
is studying horticultural therapy, which is taking therapy into the garden.
She thought a good place to start with the garden would be with youth at risk. She has
spoken with Ben Bryant who is in charge of the MAD DADS program in the schools. Mr.
Bryant was very enthusiastic about the project and the vocational applications of the
gardens where students could be educated to be arborists, etc.
Ms. Budano also spoke to Ed Chase who is with the County's Legislative Delegation
and State Representative Mary Brandenburg about funding. She was informed that she
could apply for a Community Budget Issue Request. FRDAP funding could be sought
once the current FRDAP grants have been completed. Mr. Katz pointed out the
availability of County (Recreational Assistance Program) funds. Mr. Majors said County
RAP funds are a good source of funding and the County Commissioner in that district
would have to be determined. Members thought that Warren Newell would be the
County Commissioner for that District.
Mr. Majors said if the Board liked the concept presented by Ms. Budano and felt it was a
viable alternative for the Quantum Park site, the next step would be for the Board to
endorse it to determine if it could become part of the City's plan for future development.
Chairperson Pierce-Roe pointed out the proximity of the site to Boynton Beach High
School. Since students must perform a certain number of hours of community service to
graduate, the park would be accessible for this purpose. It is close enough to the school
to provide a great teaching experience by introducing students to this kind of
environment.
Ms. Budano was going to be joined at tonight's meeting by a woman that worked at
Home Depot and had operated a children's garden in Boston. She has a Bachelor's
Degree in Horticulture and a Master's Degree in Entomology and is very interested in
this project.
('h:::!jrno"C::l"'\n Dio..,..o 01"'\0 no+orl rI. ...in" ......0\1;1"'\1 "::' rlis,.., ,c;:,S;r\ns tho !:loa"rI rli~"" .~~orl h..,.,,;~~
~;._ "f-'-";_W";; ; .~l_;".,-''\.''''''._ iii ;'ww ......;....;i5 i:; ~i,-.F......,",,_ '--, v....."'" iv.. \.'1'-' LJ IU YI~V"",,..;ao~,-,U IIQYllt~
a bamboo entrance at Congress Park. She thought that some of Ms. Budano's ideas
could be introduced at Congress Park as well. Ms. Rivers announced that four
landscape architectural firms would be on contract by the City to use on an "as needed"
basis. One of those firms would be selected for Congress Park. After staff receives input
7
Meeting Minutes
Recreation and Parks Board
Boynton Beach, Florida September 26, 2005
from all the focus groups, the findings would be brought back to the Board, Currently
staff does not know what the concept for this park would be.
Mr. Majors felt if the Board liked Ms. Budano's presentation for an intended use of the
Quantum Park site, it would be beneficial if the Board endorsed the concept. This was a
great opportunity to introduce something very new and unique in the City. Chairperson
Pierce-Roe would like to have all City parks have some type of boundless equipment so
all parks would be accessible to everyone. She thought what Ms. Budano was
introducing was new and would be suitable for the Quantum Park site.
Motion
Ms. Thomas moved that this Board should encourage Ms. Budano to continue with her
ideas to bring new activities and projects into the City, Motion seconded by Ms,
Hammer.
Mr. Williams felt this would be an excellent opportunity for students during the summer
months. Vice Chair Orlove inquired if the Quantum Park site was included in the CIP
budget. Mr. Majors stated it was in the plan several years away.
Vice Chair Orlove inquired if there were grants available. Ms. Budano responded there
is a great deal of funding available through the juvenile court system for these kinds of
programs. They encourage communities to pursue them. Vice Chair Orlove also felt
seniors would benefit from the site and he thought grants were available through the
Department of Senior Affairs. The activities offered at the site could also become part
of the City's senior programs. Ms. Budano responded that the facility would be inter-
generational. She already spoke with the City's Grants Coordinator, Debby Majors, for
funding sources and there are a great deal of grants available for inter-generational
programs. However, Ms. Budano cannot move forward until she has something tangible
to discuss. Ms. Rivers added that Ms. Budano needed to have a marketing plan and
master plan before she could seek funding.
Vote
The motion carried unanimously.
David Katz informed the Board he was a resident of the Windemere section of the
Meadows. Previously, Mr. Katz had met with the former Parks Superintendent, John
Wildner regarding the City's plans for the vacant piece of land between the Windemere
section of the Meadows and Nautica Sound. At that time, Mr, Wildner informed him
there were no immediate plans for this site, but eventually the property would be used to
build a park similar to the one in Boynton Lakes and would cost around $750,000,
Mr. Katz reported at their last homeowner's meeting, the Master Association for the
entire Meadows asked him to watch what the City would be doing with this property,
The Meadows would like to see this property developed as an ultra passive park with no
structures. They would like a meanderiAg path that would not require sod and to leave
8
Meeting Minutes
Recreation and Parks Board
Boynton Beach, Florida September 26, 2005
the site in a natural state. He pointed out a lot of wildlife live on the site. They would like
to see the property heavily planted with native trees and benches made of recycled
material for sitting in shaded areas. They are opposed to having any parking, gazebos,
or any structures on the land. If the land were not sodded, there would be no need for
an irrigation system.
Chairperson Pierce-Roe felt it would be very hot walking through the park without any
kind of shelter. She pointed out it would take many years for trees to mature to provide
shade for benches that people would be sitting on.
Mr. Katz was not opposed to Nautica Sound introducing gazebos and parking on their
portion of the land, but the Meadows did not want it on their side.
Vice Chair Orlove inquired how people would access the land on the Windemere side of
the park since a canal divides the property. Mr. Katz stated they were not opposed to
having a bridge across the canal. He also pointed out that the Meadows has their own
recreational amenities, plus a City park.
C. Monthly Report
Included in the agenda packet.
D. Items for the City Manager's Attention
None
VI. Discussion
None
VII. Next Meeting: October 24,2005,6:30 p.m. at the Senior Center
VIII. Adjournment
There being no further business, the meeting properly adjourned at 8: 15 p.m.
Respectfully submitted,
4u.'~1-l-' /1.-1.. . JJ1-..- ((,-e?~
Barbara M. Madden
Recording Secretary
(October 6, 2005)
9
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EXHIBIT G
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Ecotourism is a form of tourism that appeals to ecologically and socially conscious individuals. Generally speak-
ing, ecotourism focuses on volunteering, personal growth, and learning new ways to live on the planet. It typically
involves travel to destinations where flora, fauna and cultural heritage are the primary attractions.
Responsible ecotourism includes programs that minimize the negative aspects of
conventional tourism on the environment and enhance the cultural integrity oflocal
people. Therefore, in addition to evaluating environmental and cultural factors, an
integral part of ecotourism is the promotion of recycling, energy efficiency, water
conservation, and creation of economic opportunities for the local communities.
Benefits of Development as an Eco Park
Recommendation:
To develop the Quantum Park site as a nature/eco-friendly community park. Amenities could include:
Nature Center
Nature Trails
Interpretive Exhibits
Gardens (Rock, Butterfly, Botanical)
Arboretum
Picnic Area
Lake
Play Area
Kayak/Canoe Launch
. Services a 3-mile radius; however, because of the uniqueness of the development, will service the entire City
as a destination park.
. Acts as a trail head for the blue way system
. Will be a link and destination in the greenway system
· Will be an environmental education opportunity, especially for children
. Can be built in phases
· Will be an ideal park for support by the Boynton Beach Community Foundation
j-; i""J i
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EXHIBIT I
MEADOWS IINAUTICA PARK
Cost Estimate
Site Pre aration 30,000
Sod 90,000
Irri ation 150,000
Trail 85,000
Tree Removal 30,000
Foot Brid e to Connect Two Areas 40,000
Restroom 140,000
Contin enc 35,000 .
EXHIBIT I
QUANTUM ECO PARK
Cost Estimate
~,,"':.
Site Pre aration 200,000 60,000
Landsca in and Restoration 500,000 150,000
Trails 80,000 45,000
Picnic Pavilion 60,000 30,000
Pia round 50,000 50,000
Parkin 50,000 50,000
Fencin 75,000 75,000
Utilities 500,000 50,000
Restroom 140,000 140,000
Butterfl Garden 10,000
Arboretum 20,000
Wetlands 50,000
Botanical Garden 20,000
Nature Center 2,000,000
Ka ak/Canoe Launch 10,000
Rock Garden 10,000
Lake 100,000
Contin 38,750 6,500
70,000
EXHIElIT J
Potential Funding Sources and Partnership Of.-. Jnities for Quantum Eco Nature Community Park ilBIT
Grant Opportunity Funding Agency Maximum Award City Match
f2()rida Re~rElCl~c:>.~)ev~~o(lment Assistance Program {FRDAP) Florida Dept. of EnvironmentaIXr~tection_____ 200,000 --.- - 200.900
Cultural Herit~e an~~ature~ourisrn Gra~tProgram __ Florida Commission on Tourism 5,000 ~OO
---.- -~_.~~-~----"- ---.-.-- --~-----~--- -- ----.-
Land and WalElr (~ns.~rv9Ijon Fund J~I{'{c:;F) _ -- _ florida Dep!- o~rlviro~rne_ntall'!:~eGtion - --- --"--- - - ?_OO.OOO .- --- ~QQ.()QQ
Urban and Community Forestry Grant .-- florida Dept. of Agriiculture and Consumer Services_ ~-_._~ ___ 15.000 - u_ _15..900
---_.._-~~-
Recreational Trails P~gram ___ ~._- ----- -- Florida Dept. ()f Envlrc:lIlmental Protection/US Dept. of T@.nspC)rta_tion. _ . - __._ 50.000__ 50,OgQ
Lowe's Charitable and Educational Foundation Lowe's Foundation ______ ____ _~.OOO 0
~ -.---~.~--------' ---~ - ..------ -- -----
Home Depot _Con1.ll]ulllty Impact Grant ---'---- -- Home Depot Foundation --~-~~ - -- _~()O_ ___ JJ
- -,~-- ----~- - --'--~'-~ ~- --- --~.-~---- _,______,~_u - ---' --
Qrants can be used along wit~City fun<!.s to leyer_C19~CI<lditional funding~_______ __ ______ - -,-- ----- -~ ,---".- ----- --- ~ -- --_.'.-
It is also suggested that the City explore parnerships with outside agencies such as Palm Beach County Convention and Visitors Bureau. Palm Beach County School District. Quantum
Develo ers for the use of their reserved land and Florida Atlantic Universit which is now offerin a Master's De ree in Environmental Education.
Prepared by Debbie Majors, Grants Coordinator
10/29/08
XI. - NEW BUSINESS
ITEM c.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned in Requested City Commission Date Final Fonn Must be Turned in
Meeting Dates to City Clerk's Office Meeting Dates to City Clerk's Office
o August 19,2008 August 4, 2008 (Noon) o October 21, 2008 October 6, 2008 (Noon)
o September 2, 2008 August 18,2008 (Noon) o November 5, 2008 October 20,2008 (Noon)
o September 16, 2008 September 2,2008 (Noon) o November 18,2008 November 3, 2008 (Noon)
o October 7, 2008 September 15, 2008 (Noon) (gJ December 2,2008 November 17, 2008 (Noon)
0 Anno uncements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative (gJ New Business
AGENDA ITEM D Consent Agenda 0 Legal
D Code Compliance & Legal Settlements D Unfinished Business
0 Public Hearing D
RECOMMENDATION: Review procedure for rotation of Vice-Mayor position. Code as written does not provide for annual
rotation as did earlier version,
EXPLANA TlON: At the request of Commissioner Ross, the City staff performed a legislative analysis of Section 23 of the
City Charter and Section 2-] ,2 of the City Code.
Section 23 of the City Charter was amended last in 2002 and did provide for annual review of the Vice-Mayor position.
Section 2-].2 as adopted in 2003 provided for annual selection and a rotation system for the Vice Mayor following the
November elections or each year in the event that an election was not held. The operative language in the City Code was that
the discussion on the Vice Mayor was scheduled for the second meeting of November each year. In April 2008, with the shift
of the municipal elections from November back to March, Section 2-1,2 was amended again. However, the language in the
2008 code change was keyed specifically to the Vice Mayor selection after a municipal election, Prior to 2002 when the City
had two-year terms, there was an election each year. However in 2002, the Charter changed to three-year terms. This means
that the City would not have an election every year. The next municipal election will be March 2010, then March 20 11 and
then March 2013. In order to have an annual review of the Vice Mayor position, the City Code will need further modification.
Attached as Exhibit A is a report that summarizes staff research.
PROGRAM IMP ACT: A change in the Section 2-1,2 will bring the City Code into compliance with the terms of Section 23
of the City Charter, which contemplates an annual review, The change will also afford members of the City Commission to
serve as Vice-Mayor on an annual rotating basis,
FISCAL IMP ACT: None
AL TERN7VES: Do not make the code change and hold the change in the jiCe-MaYOr to March 2010 per the current code.
r ~ ~A
~~~ ~
Department Head's Signature City Manager's Signature
Assistant to City Manager
Department Name City Attorney I Finance
S:\BULLETfN\FORMS\AGENDA [TEM REQUEST FORM DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Exhibit A
Here is the original language that was In the City Code when we had elections in November This was put into effect
in 2003. It put an annual rotation schedule Into place
Sec. 2-1.2. Vice-Mayor appointment.
At the second regular City Commission meeting in November of each year, the City Commission shall
appoint one of its members to serve as Vice-Mayor. Any member of the City Commission who has not
previously served as Vice-Mayor during his or her current term of office may be selected to serve as Vice-
Mayor. No second of the nomination is required, Voting shall occur in the following manner: Voting shall
be by voice vote. Each member of the Commission shall vote for one nominee in each round of voting
until one person obtains a majority vote. If no nominee obtains a majority in round one. there is another
round of voting but the nominee with the least number of votes does not move on to round two. If there
are four nominees in round one. the nominee with the most votes wins, If only one member is nominated
to serve as Vice-Mayor. the Mayor shall declare the nominee appointed by acclamation without the
necessity of a vote.
(Ord. No. 03-063. ~ 1. 12-16-03)
Here is the language per the current City Code as approved In April 2008. The language does not specifically call
for an annual appointment
Sec. 2-1.2. Vice-Mayor appointment.
At the second regular City Commission meeting following the swearing in of newly elected officers.
the City Commission shall appoint one of its members to serve as Vice-Mayor. Any member of the City
Commission who has not previously served as Vice- Mayor during his or her current term of office may
be selected to serve as Vice-Mayor. No second of the nomination is required. Voting shall occur in the
following manner: Voting shall be by voice vote. Each member of the Commission shall vote for one
nominee in each round of voting until one person obtains a majority vote. If no nominee obtains a
majority in round one. there is another round of voting but the nominee with the least number of votes
does not move on to round two. If there are four nominees in round one, the nominee with the most votes
wins. If only one member is nominated 10 serve as Vice-Mayor. the Mayor shall declare the nominee
appointed by acclamation without the necessity of a vote.
(Ord. No. 03-063. 9 1. ]2-16-03: Ord. No, 08-005. ~ 3.4-]-08)
SIBlILLETINIFORMSIACiENDA ITEM REl,.lUEST FORM OUl'
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
City Charter Language.
Sec. 23. Mayor, Vice Mayor; election, procedure.
At the first regular or special meeting of the City Commission immediately following an election, the
Vice-Mayor of the City shall be selected by a vote of the Mayor and Commission. The Vice-Mayor of the
City shall serve in such capacity for a period of one year until the next general election of a member ofthe
commission. In the event, of a vacancy in the office of Mayor, the Vice-Mayor shall automatically assume
the duties of said office until a successor Mayor is elected as provided herein. If, for any reason, there
shall be a vacancy in the office of Mayor, a special election shall be held within sixty (60) days of the date
of said vacancy, provided that should said vacancy occur within one hundred (100) days of a regularly
scheduled general election, no such special election shall be held and the Mayor, or successor Mayor,
shall be elected at the general election. Upon the election of a successor Mayor, the Vice-Mayor shall
reassume his duties as Vice-Mayor and the successor Mayor shall serve for the remainder of the term of
the originally duly elected Mayor. In the event of a vacancy in the office of Vice-Mayor, the vacancy on
the City Commission shall be filled by the Commission in the manner herein otherwise provided, and a
successor Vice-Mayor shall be elected by a vote of the Mayor and City Commission. (Laws of Fla. 1947,
Ch. 24398, ~ 19; Laws of Fla., Ch. 63-1122, ~ 1; Ord. No. 80-41, ~ 2, 10-21-80; Ord. No. 83-54, ~ 2,2-7-
84, election of3-13-84; Ord. No. 97-36, ~ 2, 8-5-97, election of3-10-98; Ord. No. 02-043, ~ 4, 8-20-02,
election of 11-5-02)
Please note the one-year language. This worked fine when we had two-year terms which meant that there was an
election each year. However, we changed to three-year terms in the election of November 5, 2002 (when there
were substantial charter changes). Because the Charter limits the term of the Vice-Mayor for a period of one year,
Section 2-1.2 of the City Code, as presently written, may need review.
City Charter Language on Terms of Office (also approved in 2002 by the voters)
Sec. 19. Terms of elective offices.
(a) All elective offices shall be for the term of three (3) years and no person shall be eligible to hold
any elective office for more than two (2) consecutive terms. For purposes of this section, elective office
shall include both mayor and commission member.
(b) The resignation from, or forfeiture of, an elective office during any part of a three (3) year
elective term shall be deemed to constitute a full and complete term under the provisions of this section.
(Laws of Fla. 1947, Ch. 24398, ~ 15; Laws of Fla. Ch. 67-1118, ~ 1: Ord. No. 87-30, ~ 1,9-15-87,
election of3-8-88; Ord. No. 87-38, S 1, 10-20-87, election of3-8-88; Ord. No. 00-41, ~ 2, 8-15-00,
election of 11-7-00; Ord. No. 02-043, ~ 4, 8-20-02, election of 11-5-02)
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
In my opinion, the Charter stili calls for one-year terms for the Vice-Mayor My recommendation would be for the
sectIOn 2-1 2 to be further amended to reflect an annual rotation of the Vice-Mayor for the first meeting in April or
the second meeting of March each year Here IS my suggested change
Sec. 2-1.2. Vice-Mayor appointment. - Proposed Revision
At the second regular City Commission meeting following the swearing in of newly elected
officers(Revised language -- or annuallv the first meetin2 in April in years were there is not a
municipal election,) the City Commission shall appoint one of its mem bers to serve as Vice-Mayor. Any
member of the City Commission who has not previously served as Vice- Mayor during his or her current
term of office may be selected to serve as Vice-Mayor. No second ofthe nomination is required. Voting
shall occur in the following manner: Voting shall be by voice vote. Each member of the Commission shall
vote for one nominee in each round of voting until one person obtains a majority vote. If no nominee
obtains a majority in round one, there is another round of voting but the nominee with the least number of
votes does not move on to round two. If there are four nominees in round one, the nominee with the most
votes wins. If only one member is nominated to serve as Vice-Mayor, the Mayor shall declare the
nominee appointed by acclamation without the necessity of a vote.
(Ord. No. 03-063. S 1. 12-16-03; Ord, ~o, 08-005. S 3.4-1-(8)
Kurt Bressner
November 24.2008
S\BULLETIN\FORMS\AGFNDA ITEM REQUEST FURM DUl'
\ XII. - LEGAL - 1st Reading
ITEM C.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meetinl1: Dates in to City Clerk's Office
o August 19, 2008 August 4, 2008 (Noon) 0 October 21,2008 October 6. 2008 (Noon)
o September 2, 2008 August 18,2008 (Noon) 0 November 5, 2008 October 20, 2008 (Noon)
o September 18,2008 September 2,2008 (Noon) 0 November 18. 2008 November 3. 2008 (Noon)
o October 7, 2008 September 15,2008 (Noon) !:2J December 2, 2008 November 17,2008 (Noon)
o Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda !:2J Legal
o Code Compliance & Legal Settlements 0 Unfinished Business
o Public Hearing 0
RECOMMENDATION: Please place this request on the December 2nd City Commission Agenda under Legal,
Ordinances-First Reading. Staff recommends that the proposed amendments to existing Chapter 20, Part III ofthe Land
Development Regulations be approved in connection with, in part, the Community Rating System program (CRS), recent
updates to the Florida Building Code, and the proposed changes to and relocation of the minimum property maintenance
requirements for the City. For further details pertaining to this request, see attached Department Memorandum No. 08-091.
EXPLANATION: The subject interim amendments involve Chapter 20 of the existing Land Development
Regulations (Buildings. Housing and Construction General), which consist of the following topics: building security code,
electrical code, energy efficiency, flood prevention, housing, swimming pools and spas, workforce housing, and historic
preservation. The proposed amendments are intended to 1) enhance and relocate the property maintenance requirements
(proposed for Chapter 10 of Part II, City Code of Ordinances); 2) amend the flood damage prevention requirements and 3)
maintain consistency with corresponding updates to the Florida Building Code and eliminate redundancy with same. With the
exception of a minor "house-cleaning" insertion into the workforce housing section, the remaining sections of Chapter 20
remain unchanged at this time, but may undergo substantial updating as part of a future LDR-rewrite deliverable. It should be
emphasized that the timing of these interim amendments to Chapter 20 is driven primarily in connection with the preparation
for the upcoming 5-year recertification process of the Community Rating System.
PROGRAM IMP ACT: Continued enhancement of applicable regulations could ultimately improve the City's CRS rating
and lower insurance rates for residents.
FISCAL IMPACT: N/A
ALTERNATIVES:
Developmen anager's Signature
Assistant to City Manager ()Vr0
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Planning and Z~)rlhg. irector City Attorney / Finance
S:\Planning\Zoning Code Update\LDR Rewrite\Agenda Requests\Ch 20 Interim Amendments - 12-2-08 1st reading.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
1 ORDINANCE NO. 08- (
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" AN ORDINANCE OF THE CITY COMMISSION OF THE
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4 CITY OF BOYNTON BEACH, FLORIDA AMENDING
5 THE CITY OF BOYNTON BEACH CODE OF
6 ORDINANCES BY AMENDING CITY OF BOYNTON
7 BEACH CODE OF ORDINANCES PART III, CHAPTER
8 20, ARTICLE I, "IN GENERAL", TO PROVIDE FOR
9 APPLICABILITY OF SPECIFIC CODES THAT
10 EST ABLISH MINIMUM BUILDING AND
I I CONSTRUCTION STANDARDS; PROVIDING FOR THE
12 ABILITY OF THE CITY COMMISSION TO ADOPT A
13 SCHEDULE OF FEES FOR THE ADMINISTRATION
14 AND ADOPTION OF THE FLORIDA BUILDING CODE,
15 AS AMENDED; AMENDING ARTICLE VIII, "FLOOD
16 I DAMAGE PREVENTION", TO PROVIDE FOR
17 UPDATING OF LANGUAGE AND TECHNICAL
18 REVISIONS; AMENDING ARTICLE VIII, SECTION 3,
19 "LOCAL HOUSING ASSIST ANCE PROGRAM", TO
20 PROVIDE FOR RE-CODIFICATION AS ARTICLE VIII,
21 "LOCAL HOUSING ASSIST ANCE PROGRAM";
22 PROVIDING FOR CONFLICTS, SEVERABILITY,
)" CODIFICATION AND AN EFFECTIVE DATE,
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')~ WHEREAS, the City Commission desires to amend the City's Property Maintenance
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26 Code in order to provide a mechanism for an update as to general language. and the ability of
27 the City Commission to adopt a schedule of fees to administer and enforce the Florida
28 Building Code and other applicable codes within the City by resolution; and
29 WHEREAS, the adoption of a these revisions to the City's Building. Housing. and
30 Construction Regulations. as provided in Chapter 20 of the City's Land Development
3 I egulations will be in the best interest of the health. safety. and welfare of the resiJents.
,,') itizens, and business within the City of Boynton Beach.
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"" II NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
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34 I rHE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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1 Section 1. The foregoing whereas clauses are true and correct and are now ratified
2 and confirmed by the City Commission.
3 Section 2. That Part III, "Land Development Regulations", Chapter 20, Article I, "In
4 General", be, and the same is hereby amended to read as follows:
5 ARTICLE I. IN GENERAL
6
7 Section 1. Penalties.
8
9 Any person convicted of the violation of any of the terms or provisions of this
10 I chapter or any code or standards adopted hereby shall be subiect to the penalties
11 punished as provided by Section 1-6 of the City of Boynton Beach Code of
12 Ordinances. If any person commences any work on a building, structure, plumbing,
13 mechanical or gas system before obtaining the necessary permit, he shall be subject to
14 a penalty of four (4) times the established permit fee. The dDirector of dDevelopment
15 may allow a waiver of the penalty fee, in whole or in part, when such waiver~
16 supported by the circumstances that apply to the specific instance of imposing a
17 penalty fee, and does not violate the best interests of the eeity.
18
19 Section 2. Certifieate of Treatment for Termites Before any slab inspection
20 is performed by the development department tl.)r the continued construction of any
21 improvements on any property in the city, the ovmer of ~Jaid property or hi:; contractor
22 shall furnish a certificate from a city licensed cxtcnninator that the soil hus been
23 treated for termites. Reserved.
24
25 Section 3. Minimum building and construction standards.
26
27 I A. The Florida Building Code 2004, Gas, Mechanical and Plumbing
28 Codes, 2004 Edition, and the ~2005 National Electrical Code including future
29 editions or revisions as adopted by the city, are hereby adopted as the minimum
30 Building Code for the City of Boynton Beach.
31
32 I B. Chapter 1, Administration, as described in the Boynton Beach
33 Amendments, and is incorporated herein in the Florida Building Code 2004, Gas,
34 I Mechanical and Plumbing Codes, 2004 Edition, and the ~2005 National Electrical
35 Code.
36
37 I C. The City of Boynton Beach Administrative Amendments to the 2004
38 Florida Building Code, Plumbing, Mechanical, Gas and ~2005 National Electrical
39 Code are incorporated in this document and made a part hereof, copies shall be
40 maintained on file in the Office of the City Clerk and shall be available to the public.
41
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1 D, All construction regulation fees as referenced or described in the ah\ 1\ \.'
'"" codes are subject to amendment by resolution by the City Commission, Currenr Ice
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... i schedules shall be maintained on tile in the Office of the Cit~ Clerk and .;;hail he
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4 I available. without charge. to the public
5 I
6 ~ Section 4. Fees.
7
8 A. Fees assessable by the City of Boynton Beach for the administration
9 I and enforcement of the Florida Building Code and the City of Boynton Beach
]0 Administrative Amendments to the Florida Building Code. pursuant to this Chapter
] 1 and F.S.553,79. 553,80 & ] 66.222. shall be established by the City Commission by
12 resolution from time to time.
13 I
14 B. Building Division permit fees shall be based upon the valuation of
15 I buildings and systems, and shall represent the total proiectreplacement value, The
16 project value shall te-include structural. electric, plumbing, mechanicaL interior finish.
17 normal building related site work (excavation and backfill for buildings), architectural
]8 and design fees, overhead and profit; excluding only land value. Building valuation
19 shall be based upon bona fide executed construction contracts. proprietary builder
20 documentation. or other nationally recognized construction cost analysis service.
21 which would include regional adjustments. such as the most current edition of RS
'1'1 Means Construction Estimating Cost Data.
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24 C. A revision to a permit shall not be issued until the additional fee. if any.
,- due to an increase in estimated cost of the building, electrical. plumbing. gas.
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26 mechanical. landscaping or site development. has been paid.
27
28 I 0.. Reserved. B. Interim services fee. The City Commission
29 hereby establishes an "interim services fee" which is an annual user charge applicable.
30 except during the Suspension Period as provided hereinafter. to structures certified for
31 occupancy by the city development department but not appearing on the Palm Beuch
32 County tax rolls us an improvement to real property,
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34 1. Reserved,
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36 2. Levied. EKcept during the Suspension Period as provided hereinafter.
37 every structure located 'lIithin the city and not yet appearing on the county tax roll.
38 shall be subject to an interim services fee. This interim services fee shall be in cflect
39 from the date of the issuance of a certificate of occupancy or certificate of completion
40 to January 1 of the year follo"ving the issuance of the certificate; prO\'ided. the levy of
41 the interim service fce is suspended, effective June 11, 1999, until such suspension is
42 repealed by adoption of an ordinance by the City Commission of the City of Boynton
43 Beach (the "Suspension Period"). Said fee shall be charged in accordance with the fee
44 schedule which is attached to Ordinance No. 91 17 as Exhibit ""8" and the
45 computation hereinafter set forth.
46
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] expenditures from said trust fund upon determination that said expenditure~;-ftre
, appropriate.
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4 Section 5. Reserved. Accessibilit), by handicapped.
5
6 A11 construction must conform with federal, state and county accessibility rules and
7 regulations including, but not limited to, the Florida /.ccessibility Code, January] 991
8 Edition. In addition, [111 interior doors in all dwelling units, hotel rooms and motel
9 II rooms on first floor only or floors serviced by elevators shall have a minimum of
10 twenty nine (29) inches clear opening, (door of at least thirty two (32) inches in
11 \.vidth) with the exception of storage rooms and closets.
12
13 Section 6. Coastal building zone and code.
14 !
15 I A. The coastal building zone for the city is the land area from the seasonal
16 high-water line landward to a line one thousand five hundred (] ,500) feet landward
17 from the coastal construction control line as established pursuant to Section 16] .053.
18 Florida Statutes. Development projects within this zone must utilize best management
19 construction techniques for natural resource protection and must conform to the goals.
20 objectives and policies of the comprehensive plan of the city. Chapter B7. Coastal
21 Management.
II
"l-' B. The coastal construction code was adopted on August 19. 1986 and
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24 I applies to all construction within the coastal building zone, and is incorporated herein
25 bv reference. HA copv is not set out at length herein, but is on file and available for
26 inspection in the offices of the city clerk and the director of development.
27
28 Section 7. Reserved. Soil tests.
29
30 Where 'the bearing capacity of soil is not definitely known, the director of
31 I development may require test or other adequate proof to establish permissible safe
32 bearing capacity. Tests shall be certified, signed and sealed by a Florida registered
,-, engineer, and shall be submitted with the building permit application,
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, ~ Section 3. That Part Ill. "Land Development Regulations", Chapter 20. Article VII.
..))
36 'Flood Damage Prevention", be, and the same is hereby amended to read as follows:
37 ARTICLE VII. FLOOD DAMAGE PREVENTION
38
39 I Section 1. Generally.
40 II
4] A. Statutory authorization. The Legislature of the State of Florida has
42 I authorized in Chapter 166 of Florida Statutes delegated the respon~~ibility to local
43 governmental units to adopt regulations designed to promote the public health, safety
II
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1 and general welfare of its citizenry. Therefore, the City Commission of Boynton
2 Beach, Florida, does ordain as set out herein.
3
4 B. Finding of fact.
5
6 1. The flood hazard areas of Boynton Beach, Florida, are subject to periodic
7 inundation which results in loss of life and property; health and safety hazards;
8 disruption of commerce and governmental services; extraordinary public expenditures
9 for flood protection and relief; and impairment of the tax base; all of which adversely
10 affect the public health, safety and general welfare.
11
12 I 2. These flood losses are caused by the cumulative effect of obstructions in
13 floodplains causing increases in flood heights and velocities, and by the occupancy in
14 flood hazard areas by uses vulnerable to floods or hazardous to other lands which are
15 I inadequately elevated, tloodproofedflood proofed or otherwise unprotected from flood
16 damages.
17
18 I c. Purpose. It is the purpose of this article to promote the public health,
19 safety and general welfare and to minimize public and private losses due to flood
20 conditions in specific areas by provisions designed to:
21
22 I 1. Restrict or prohibit uses which are dangerous to health, safety and
23 property due to water or erosion hazards, or which result in damaging increases in
24 erosion or in flood heights or velocities;
25
26 I 2. Require that uses vulnerable to floods, including facilities which serve
27 such uses, be protected against flood damage at the time of initial construction;
28
29 I 3. Control the alteration of natural floodplains, stream channels and natural
30 protective barriers which are involved in the accommodation of flood waters;
31
32 I 4. Control filling, grading, dredging and other development which may
33 increase erosion or flood damage; and,
34
35 I 5. Prevent or regulate the construction of flood barriers which will
36 unnaturally divert flood waters or which may jncrease flood hazards to other lands.
37
38 I D. Objectives. The objectives of this article are:
39
40 I 1. To protect human life and health;
41
42 I 2. To minimize expenditure of public money for costly flood-control
43 projects;
44
45 I 3. To minimize the need for rescue and relief efforts associated with
46 flooding and generally undertaken at the expense of the general public;
ICAIOrdinances\Ch 20 sans PMR REVl.doc
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1 i
, \ 4. To minimize prolonged business inteITuptions:
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4 \ i 5. To minimize damage to public facilities and utilities such as \vater and
5 Ii gas mains. electric. telephone and sewer lines. streets and bridges located III
6 I j floodplains:
7 II
8 6. To help maintain a stable tax base by providing for the sound use and
9 I development of flood-prone areas in such a manner as to minimize future flood-blight
10 I areas: and.
11
12 I 7. To insure that potential homebuyers are notified that property is in a 1lood
13 area,
14
15 I E. Terms. Words or phrases used in this article shall have the meaning the:
16 have in common usage and to give this article its most reasonable application.
17
18 I Area of shallow flooding - a designated AO or VO zone on a community's
19 flood insurance rate map (FIRM) with base flood depths from one ( 1 ) to three (3) feet
20 where a clearly defined channel does not exist. where the path of flooding is
21 unpredictable and indeterminate. and where velocity flov. may be evident.
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,'" I Area (~f special flood hazard - land in the t100dplain subject to a one (1 ) per
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24 cent or greater chance of flooding in any given year.
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26 I Base flood - a nood having a one (1) per cent chance of being cquailc(4equaled
27 or exceeded in any given year.
28
29 I Breakaway vvall - a wall that is not part of the structural support of the building
30 and is intended to collapse without causing damage to the elevated portion of the
3 ] I building or the foundation system.
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"" Coastal high hazard area - the area subject to high velocity waters caused by.
) ) I
34 but not limited to. hurricane wave wash or tsunamis, The area is designated in a
35 FIRM as zone Vl-30. VF or V,
36
37 I Flood or flooding - a general and temporary condition of partial or complete
38 inundation of normally dry land areas from the overnow of inland or tidal waters or
39 the unusual and rapid accumulation of runoff of surface waters from any source.
40
4] I Flood hazard boundary map (F'HBM) - an official map of a community issued
42 II by the Federal Emergency Management Agency where the boundaries of the areas of
43 special flood hazard have been defined,
44 I
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1 Flood insurance rate map (FIRM) - an official map of a community on which
2 the Federal Emergency Management Agency has delineated both the areas of special
3 flood hazard and the risk premium zones applicable to the community.
4
5 I Flood insurance study - the official report provided by the Federal Emergency
6 Management Agency which contains flood profiles, flood boundary-floodway map
7 and water surface elevation of the base flood.
8
9 I Floodway - the channel of a watercourse and the adjacent land areas that must
10 be reserved in order to discharge the base flood without cumulatively increasing the
11 water surface elevation more than one (1) foot.
12
13 I Functionally dependent facility - a facility which cannot be used for its
14 intended purpose unless it is located or carried out in close proximity to water, such as
15 a docking or port facility necessary for the loading and unloading of cargo or
16 passengers, shipbuilding, ship repair or seafood processing. The term does not include
17 long-term storage, manufacture, sales or service facilities.
18
19 I Mangrove stand - an assemblage of trees which contain one or more of the
20 following species: black mangrove, red mangrove, white mangrove and buttonwood.
21
22 I Mean sea level - the average elevation of the sea for all stages of the tide. The
23 term is synonymous with national geodetic vertical datum (NGVD).
24
25 I National geodetic vertical datum (NGVD) - a vertical control used for
26 establishing varying elevations within the floodplain.
27
28 I New construction - structures for which the "start of construction" commenced
29 on or after the effective date of this article.
30
31 I Sand dunes - naturally occurring accumulations of sand in ridges or mounds
32 landward of the beach.
33
34 I F. Application. This article applies to all areas of special flood hazard
35 within the jurisdiction of Boynton Beach, Florida. Those areas are identified by the
36 Federal Emergency Management Agency in its Flood Insurance Rate Map (FIRM)
37 1201960001-0005, dated September 30, 1982, and any revisions thereto are adopted
38 by reference and declared to be a part of this article.
39
40 I G. Development permit. A development permit is Rrequired prior to the
41 commencement of any development activities.
42
43 I H. Compliance. No structure or land shall hereafter be located, extended,
44 converted or structurally altered without full compliance with the terms of this article
45 and other applicable regulations.
46
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1 l. Abrogation and greater restnctlOns, This article 1::' not intended 1\.1
J repeal. abrogate or impair any existing easements. covenants tlr deed restnctJ\ lns.
" However. where this article and another conflict or overlap. \vhichever imposes lhe
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4 more stringent restrictions shall prevail.
5
6 J. Interpretation, In the interpretation and application of this artic Ie all
7 provisions shall be:
8
9 l. Considered as minimum requirements:
10
11 ~ 2. Liberally construed in favor of the governing body: and
12 I
13 " Deemed neither to limit nor repeal any other powers granted under state
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14 statutes.
15
16 I K. Warning and disclaimer. The degree of flood protection required by this
17 article is considered reasonable for regulatory purposes and is based on scientific and
18 engineering considerations. Larger floods can and will occur. Flood heights may be
19 increased by man-made or natural causes, This article does not imply that land outside
20 the areas of special flood hazard or uses permitted within such areas will be free from
21 flooding or flood damages. This article shall not create liability on the part 01
JJ Boynton Beach, Florida, or by any officer or employee thereof for any flood damages
.23 that result from reliance on this article or any administrative decision lawfully made
24 thereunder.
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26 I L. Penalties for violation. Violation of the prOVISIOns of this article or
27 failure to comply with any of its requirements, including violation of conditions and
28 safeguards established in connection with grants of variance or special exceptions.
29 shall constitute a misdemeanor. Any person who violates this article or fails \()
30 comply with any of its requirements shall, upon conviction thereof, be fined not more
31 than five hundred dollars ($500.00) or imprisoned for not more than sixty (60) days. or
"J both, and in addition shall pay all costs and expenses involved in the case. Each clay
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..,.., such violation continues shall be considered a separate offense. Nothing herein
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34 contained shall prevent the City of Boynton Beach from taking such other lawful
35 action as is necessary to prevent or remedy any violation.
36
37 I Section 2. Administration.
38 I
39 A. Administrator. The director of development is hereby appointed 10
40 administer and implement the provisions of this article.
41
42 I B. Duties and responsibilities of the administrator. Duties of the
43 administrator or his designee shall include. but not be limited to:
. A
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45 I 1. Review all development permits to assure that the permit requirements of
46 this article have been satisfied,
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2 2. Advise permittee that additional federal or state permits may be required,
3 and if specific federal or state permits are known, require that copies of such permits
4 be provided and maintained on file with the development permit.
5
6 3. Notify adjacent communities and the state department of community
7 affairs prior to any alteration or relocation of a watercourse, and submit evidence of
8 such notification to the Federal Emergency Management Agency.
9
10 4. Assure that maintenance is provided within the altered or relocated
11 portion of said watercourse so that the flood-carrying capacity is not diminished.
12
13 I 5. Verify and record the actual elevation (in relation to mean sea level) of
14 the lowest floor (including basement) of all new or substantially improved structures,
15 in accordance with paragraph C.
16
17 6. Verify and record the actual elevation (in relation to mean sea level) to
18 which the new or substantially improved structures have been iloodproofedflood
19 proofed, in accordance with paragraph C.
20
21 I 7. In coastal high hazard areas, certification shall be obtained from a
22 registered professional engineer or architect that the structure is securely anchored to
23 adequately anchored pilings or columns in order to withstand velocity waters and
24 hurricane wave wash.
25
26 I 8. In coastal high hazard areas, the administrator shall obtain certification for
27 the adequacy of breakaway walls in accordance with article VII, Section 3.B.5.h.
28
29 I 9. When lloodproofffigt1ood proofing is utilized for a particular structure,
30 the administrator shall obtain certification from a registered professional engineer or
31 architect.
32
33 I 10. Where interpretation is needed as to the exact location of the boundaries
34 of the areas of special flood hazard (for example, where there appears to be a conflict
35 between a mapped boundary and actual field conditions), the administrator shall make
36 the necessary interpretation. The person contesting the location of the boundary shall
37 be given a reasonable opportunity to appeal the interpretation as provided in this
38 article.
39
40 I 11. When base flood elevation data has not been provided in accordance
41 with article VII, Section I.F, the administrator shall obtain, review and reasonably
42 utilize any base flood elevation data available from a federal, state or other source, in
43 I order to administer the provisions of Section 3. The finished floor elevation of all
44 I habitable space in new construction, not located in a flood zone. shall be elevated a
45 minimum of twelve (12) inches above the crown of any adiacent roadway.
46
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1 1:::. All records pertaining to the provisions of this artick shall he mainlaillcd
::: in the department of development and shall he open for puhlic lI1spection
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4 c. Permitting. Application for a permit shall be made to the development
5 department prior to any development activities. Application shall include. but Ill; 1 he
6 limited to. the following plans in duplicate drawn to scale showing the nature.
7 location, dimensions and elevations of the area in question to be developed; existing or
8 proposed structures; fill; storage of materials; drainage facil ities!locatlon.
9 Specifically. the following information is required,
10
11 1. Elevation in relation to mean sea level of the proposed lowest floor
12 (including basement) of all structures,
13
14 I 2. Elevation in relation to mean sea level to \vhich any non-residential
15 structure will be iloodrroofcdflood proofed.
16
17 I '"' Certification by a Florida registered engineer or architect that the structure
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18 meets the J1oodprootingHood proofing criteria in article VII, Section .i.B.:::,
19
20 I 4. Description of the extent to which any watercourse \vill be altered or
21 relocated as a result of proposed development.
22
'}'"' I 5. A flood elevation or tloodproofingflood proofing certification after the
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:::4 lowest floor is completed. or in instances where the structure is subject to the
:::5 regulations applicable to coastal high hazard areas. after placement of the horizontal
26 structural members of the lowest Hoor. Within twenty-one (::: 1) calendar days of
:::7 I establishment of the lowest floor elevation. or t1oodproofingflood proofing, by
28 whatever construction means. or upon placement of the horizontal structural members
:::9 of the lowest floor. whichever is applicable. the permit holder shall submit tu lhe
30 development department a certification of the elevation of the lowest floor.
31 I flBodproof~dflood proofed elevation. or the elevation of the lowest portion of the
3::: horizontal structural members of the lowest floor. \vhichever is applicable, in relation
'"''"' to mean sea level. Said certification shall be prepared by or under the direct
JJ
34 supervISIOn of a registered land surveyor or professional engll1eer. When
35 I tloodproofingflood proofing is utilized. certification shall be prepared by or under the
36 direct supervision of a professional engineer or architect. Any work done within the
37 twenty-one-day calendar period and prior to submission of the certification shall be at
38 the permit holder's risk, The devdopment department shall review the flood elevation
39 survey data submitted. Deficiencies detected by such revie,,/ shall be corrected by the
40 permit holder immediately and prior to continuation of the work, Failure to submillhe
41 surveyor failure to make said corrections. shall cause issuance of a stop-work order
42 I I for the proj eel.
43
44 'I 6. A survey of mangrove trees on site.
45
46 III D. Variance procedures/appeals.
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2 1. The building board of adjustment and appeals shall hear and decide
3 appeals when it is alleged there is an error in any requirement, decision or
4 determination made by the director of development In the enforcement or
5 administration of this article.
6
7 a. In passing upon such appeals, the building board of adjustment and
8 appeals shall consider all technical evaluations, all relevant factors, all standards
9 specified in other sections of this article, and:
10
11 I (1) The danger that materials may be swept onto other lands to the injury of
12 others.
13
14 I (2) The danger to life and property due to flooding or erosion damage.
15
16 I (3) The susceptibility of the proposed facility and its contents to flood
17 damage and the effect of such damage on the individual owner.
18
19 I (4) The importance of the services provided by the proposed facility to the
20 community.
21
22 I (5) The necessity to the facility of a waterfront location, where applicable.
23
24 I (6) The availability of alternative locations, not subject to flooding or
25 erosion damage, for the proposed use.
26
27 I (7) The compatibility of the proposed use with existing and anticipated
28 development.
29
30 , (8) The relationship of the proposed use to the comprehensive plan and
31 floodplain management program for that area.
32
33 I (9) The safety of access to the property in times of flood for ordinary and
34 emergency vehicles.
35
36 I (10) The expected heights, velocity, duration, rate of rise and sediment
37 transport of the flood waters and the effects of wave action, if applicable, expected at
38 the site.
39
40 I (11) The costs of providing governmental services during and after flood
41 conditions including maintenance and repair of public utilities and facilities such as
42 sewer, gas, electrical, and water systems, and streets and bridges.
43
A A I b. Upon consideration of the factors listed above and the purposes of this
't't I
45 article, the building board of adjustment and appeals may attach such conditions to the
46 granting of variances as it deems necessary to further the purposes of this article.
ICAIOrdinanceslCh 20 sans PMR REVldoc
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, c, Variances shall not be issued \\ithin an) desIgnated 1l0nd\vCJ\ t: :trl\
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" increase in flood levels during the base tlood discharge \vould result,
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I The building board of adjustments and appeals shall hear and decide
5 J
6 requests for variances hom the requirements of this aJ1icle,
7
8 II a. Conditions for variances:
9 ,I
10 (1) Variances shall only be issued upon a determination that the variance is
11 the minimum necessary. considering the flood hazard. to afford relief. and m the
12 instance of a historical building. a determination that the variance is the minimum
13 necessary so as not to destroy the historic character and design of the building.
14
15 I b. Variances shall only be issued upon:
16
17 I ( 1 ) A showing of good and sufficient cause:
18
19 I (2) A determination that failure to grant the variance would result In
20 exceptional hardship to the applicant; and
21
22 I (3) A determination that the granting of a variance will not result in
," increased flood heights. additional threats to public safety. extraordinary public
~.)
24 expense, create nuisance. cause fraud on or victimization of the public. or conflict with
,- existing local laws or ordinances.
~)
26
27 c. Any applicant to whom a variance is granted shall be given written notice
28 specifying the difference between the base flood elevation and the elevation to \\hich
29 the structure is to be built and stating that the cost of tlood insurance wi II be
30 commensurate with the increased risk resulting from the reduced lowest !loor
31 elevation.
", II
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"" 3. Any person aggrieved by the decision of the building board of adj ustment
.) .,
34 I and appeals or any taxpayer may appeal such decision to the circuit court as provided
35 in Florida law.
36
37 4. Variances may be issued for the reconstruction. rehabilitation or
38 restoration of structures listed on the National Register of Historic Places or the State
39 Inventory of Historic Places without regard to the procedures set forth in the
40 remainder of this section.
41
42 I 5. The director of development shall maintain the records of all appeal
43 actions and report any variances to the Federal Emergency Management Agenc) upon
44 req uest.
45
46 I Section 3. Provisions for Flood Hazard Reduction.
I ~ \l'A'Urdmances\Ch 20 sans PMR REV I doc
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2 I A. In General. In all areas of special flood hazard the following provisions
3 are required:
4
5 1. All new construction and substantial improvements shall be anchored
6 to prevent flotation, collapse or lateral movement of the structure.
7
8 I 2. Manufactured homes shall be anchored to prevent flotation, collapse or
9 lateral movement. Methods of anchoring may include, but are not limited to, use of
10 over-the-top or frame ties to ground anchors. This standard shall be in addition to and
11 consistent with applicable state requirements for resisting wind forces.
12
13 I 3. All new construction and substantial improvements shall be constructed
14 with materials and utility equipment resistant to flood damage.
15
16 I 4. All new construction or substantial improvements shall be constructed by
17 methods and practices that minimize flood damage.
18
19 I 5. Electrical, heating, ventilation, plumbing, air conditioning equipment and
20 other service facilities shall be designed and/or located so as to prevent water from
21 entering or accumulating within the components during conditions of flooding.
22
23 I 6. All new and replacement water supply systems shall be designed to
24 minimize or eliminate infiltration of flood waters into the system.
25
26 I 7. New and replacement sanitary sewage systems shall be designed to
27 minimize or eliminate infiltration of flood waters into the systems and discharges from
28 the systems into flood waters.
29
30 I 8. On-site waste disposal systems shall be located to avoid impairment to
31 them or contamination from them during flooding.
32
33 I 9. Any alteration, repair, reconstruction or improvements to a structure
34 which are in compliance with the provision of this article, shall meet the requirements
35 of "new construction" as contained in this article.
36
37 I B. Standards for areas of special flood hazard. In all areas of special flood
38 hazard where base flood elevation data has been provided as set forth in Article VII
39 the following provisions are required:
40
41 I 1. Residential construction. New construction or substantial improvement of
42 any residential structure shall have the lowest floor, including basement, elevated to or
43 above base flood elevation. Should solid foundation perimeter walls be used to
44 elevate a structure, openings sufficient to facilitate the unimpeded movements of flood
45 waters shall be provided in accordance with standards of article VII, Section 3.B.3.
46
:ICAIOrdinanceslCh 20 sans PMR REVI doc
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1 ! Non-residential constructIon, ."-Je\\ construction PI' substantIal
! improvement of any commercial. industrial or other non-residential structure shall
-
" have the lowest floor, including basement. elevated to the le\el of the hasL' iluod
_1
4 elevation. Structures located in all /\-zoncs may be !-h+ttJprBt~,tHlood prooti;:.lJ 11l i leu
:; of being elevated provided that all areas of the structure helem the required ck\ ;JlIun
6 I are watertight and with \valls substantially impermeable to the passage of \\all'\" cUlJ
7 with structural components ha\ing the capabi 1 it y ld' resi SlIng hydrostali\_ ,md
8 hydrodynamic loads and effects or huoyanc) , :\ registered pwressional engll1eL'r <ir
9 architect shall certify that the standards of this subsection are-;atistil'd "ue h
10 certification shall be provided as set forth in Article VII. Section 2,( ~
11
12 ~ " Elevated buildings. New construction or substantial improvements llf
_1.
13 elevated buildings that include fully enclosed areas formed by foundation and other
14 exterior walls below the base flood elevation shall be designed to preclude finished
15 living space and designed to allow for the entry and exit of floodwaters 10
16 automatically equalize hydrostatic flood forces on exterior \valls,
17
18 I (a) Designs for complying \vith this requirement must either be certified hy a
19 professional engineer or architect or meet the following minimum criteria:
20
21 I (1) Provide a minimum of two (2) openings having a total net area of not
JJ less than one ( 1 ) square inch for every square foot of enclosed area subject to !laoding;
J"
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24 I (2) The bottom of all openings shall be no higher than one ( 1 ) foot above
25 grade: and
26
27 I (3 ) Openings may be equipped with screens, louvers, valves or other
28 coverings or devices provided they permit the automatic flow of floodwaters in both
29 directi on s,
30
31 I (b) Electrical. plumbing and other utility connections are prohibited belo\\
"J the base flood elevation:
-)~
33
34 I (c) Access to the enclosed area shall be the minimum necessary to allem ror
~- parking of vehicles (garage door) or limited storage of maintenance equipment used in
- ) !
36 connection with the premises (standard exterior door) or entry to the living area
37 (stairway or elevator): and
38
39 I (d) The interior portion of such enclosed area shall not be partitioned or
40 finished into separate rooms.
41
42 II 4. Floodways. The following provisions shall apply to tloodways within
43 areas of special flood hazard established hereinbefore:
1 A
'+'+ II
45 (a) Prohibit encroachments including fill. new construction. substantial
46 I improvements, and other development unless certification (with supporting technical
I
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1 data) by a Florida registered engineer is provided demonstrating that encroachments
2 shall not result in any increase in flood levels during occurrence of the base flood
3 discharge.
4
5 (b) If Paragraph B.4.a is satisfied, all new construction and substantial
6 improvements shall comply with all applicable flood hazard reduction provisions of
7 Section 3.
8
9 (c) Prohibit the placement of any manufactured homes (mobile homes)
10 except in an existing manufactured home (mobile home) park or subdivision. A
11 replacement manufactured home may be placed on a lot in an existing manufactured
12 home park or subdivision provided the anchoring standards and elevation standards
13 outlined hereinbefore are met.
14
15 I 5. Coastal high hazard area (V zones). Located within the areas of special
16 flood hazard established herein are areas designated as coastal high hazard areas.
17 These areas have special flood hazards associated with wave wash; therefore, the
18 following provisions shall apply:
19
20 I (a) All buildings or structures shall be located landward of the reach of the
21 mean high tide.
22
23 I (b) All buildings or structures shall be elevated so that the lowest supporting
24 member (excluding pilings or columns) is located no lower than the base flood
25 elevation level, with all space below the lowest supporting member open so as not to
26 impede the flow of water. Open lattice work or decorative screening may be permitted
27 for aesthetic purposes only and must be designed to wash away in the event of
28 abnormal wave action.
29
30 I (c) All buildings or structures shall be securely anchored on pilings or
31 columns.
32
33 I (d) All pilings and columns and the attached structures shall be anchored to
34 resist flotation, collapse, and lateral movement due to the effect of wind and water
35 loads acting simultaneously on all building components. The anchoring and support
36 system shall be designed with wind and water loading values which equal or exceed
37 the hundred-year mean recurrence interval (one {I } percent annual chance flood).
38
39 I (e) A Florida registered engineer or architect shall certify that the design,
40 specifications and plans for construction are in compliance with the provisions
41 contained in paragraph B.5.b, c and d.
42
43 I (f) No fill shall be used as structural support. Non-compacted fill may be
44 used around the perimeter of a building for landscaping/aesthetic purposes provided
45 the fill will wash out from storm surge, (thereby rendering the building free of
46 obstruction) prior to generating excessive loading forces, ramping effects or wave
:\CA\Ordinances\Ch 20 sans PMR REVldoc
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i
1 I deflection, The development department shall I"CV1C\\ design pi an,
I ll;
J landscaping/aesthetic fill only after the applicant has provided an analysl~ an
" I engineer, architect and/or soil scientist. v/hich demonstrates that the following LICtI\rs
-~ I
I
4 I have been fully considered:
5 I
6 (1) Particle composition of fill material does not have a tendenc\ t'or
7 excessive natural compaction: and
8
9 (2 ) V olume and distribution of fill will not cause wave ddlection to adjacent
10 I properties: and
11 "
12 (3) Slope of fill will not cause wave run-up or ramping.
13
14 (g) There shall be no alteration of sand dunes or mangrove stands \vhich
15 would increase potential flood damage.
16
17 , (h) Lattice work or decorative screening shall be allowed below the base
18 flood elevation provided they are not part of the structural support of the building and
19 are designed so as to breakaway, under abnormally high tides or wave action. \"ithout
20 damage to the structural integrity of the building on which they are to be used and
21 provided the following design specifications are met:
jj
.......:...
j" I (1) No solid walls shall be allowed: and
~.)
24
25 I (2) Material shall consist of wood or mesh screening only.
26 I
27 I (i) If aesthetic lattice works or screening are utilized. such enclosed space
28 shall not be used for human habitation.
29
30 I (j) Prior to construction, plans for any structure that will have lattice work or
31 decorative screening must be submitted to the development department for revie\\
"J
-)~
33 I (k) Prohibit the placement of manufactured homes (mobile homes). except
34 in an existing manufactured home (mobile home) park or subdivision. A replacement
35 manufactured home may be placed on a lot in an existing manufactured home park or
36 subdivision provided the anchoring and elevation standards of this chapter are met.
37
38 I (1) Any alteration. repaiL reconstruction or improvement to a structure shall
39 not enclose the space below the lowest floor except for lattice \"ork or decorati vt'
40 screening, as provided for in paragraph B.6.h and j,
41
42 III c, Standards for areas of shallow t100ding (AO zones). Located withll1 the
43 areas of special flood hazard established in Section I.F are areas designated as shallo\\
44 I flooding. These areas have special flood hazards associated with base flood depths of
45 one ( 1 ) to three (3) feet where a clearly defined channel does not exist and where the
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1 path of flooding is unpredictable and indeterminate; therefore, the following
2 provisions apply:
3
4 (1) All new construction and substantial improvements of residential
5 structures shall have the lowest floor, including basement, elevated to the depth
6 number specified on the flood insurance rate map, in feet, above the highest adjacent
7 grade. If no depth number is specified, the lowest floor, including basement, shall be
8 elevated at least two (2) feet above the highest adjacent grade.
9
10 (2) All new construction and substantial improvements of non-residential
11 structures shall:
12
13 (a) Have the lowest floor, including basement, elevated to the depth number
14 specified on the flood insurance rate map, in feet, above the highest adjacent grade. If
15 no depth number is specified, the lowest floor, including basement, shall be elevated at
16 least two (2) feet above the highest adjacent grade, or
17
18 (b) Be completely floodproofedflood proofed to or above that level so that
19 any space below that level has watertight walls substantially impermeable to the
20 passage of water; structural components having the capability of resisting hydrostatic
21 and hydrodynamic loads and effects of buoyancy; and utility and sanitary facilities
22 I completely f1oodprool:edt1ood proofed.
23
24 D. Standards for subdivision proposals.
25
26 I 1. All subdivision proposals shall be consistent with the need to minimize
27 flood damage.
28
29 I 2. All subdivision proposals shall have public utilities and facilities such as
30 sewer, gas, electrical and water systems located and constructed to minimize flood
31 damage.
32
33 , 3. All subdivision proposals shall have adequate drainage provided to reduce
34 exposure to flood hazards.
35
36 I 4. Base flood elevation data shall be provided for subdivision proposals and
37 other proposed development which contains more than fifty (50) lots or is larger than
38 five (5) acres.
39
40 I E. Standards for small streams. Where small streams exist, but where no
41 base flood data has been provided or where no floodways have been provided, the
42 following provisions apply:
43
44 I 1. No encroachments, including fill material or structures, shall be located
45 within a distance of the stream bank equal to five (5) times the width of the stream at
46 the top of bank or twenty (20) feet on each side from top of bank, whichever is greater
S\CA\Ordmances\Ch 20 sans PMR REV1.doc
18
I unless certification by a Florida registered engineer is provided demonstratll1':' that
') such encroachments shall not result in am increase in flood levels dunnc: lile
.... occurrence o[the base flood discharge,
J
4
5 ') New construction or substantial improvements of structures shull be
6 I elevated or fkt{~1-tjft4-€-dflood proofed in accordance with elevations established in
7 accordance with Section 2,B. I 1,
8 I'
9 Section 4. That Part III, "Land Development Regulations", Chapter 20, Article VHI.
10 Section 3, "Local Housing Assistance Program", is re-codified as Article VIII. "Local Housing
11 Assistance Program",
12 Section 5. Each and every other provision of the City of Boynton Beach Code cd'
13 Ordinances not herein specifically amended. shall remain in full force and effect as origmull:
14 adopted.
15 Section 6. All laws and ordinances applying to the City of Boynton Beach m
16 conflict with any provisions of this ordinance are hereby repealed.
17 I Section 7. Should any section or provision of this Ordinance or any portion
18 thereof be declared by a court of competent jurisdiction to be invalid. such decision shall not
19 affect the remainder of this Ordinance,
20 I Section 8, Authority is hereby given to codify this Ordinance,
21 I Section 8. This Ordinance shaH become effective immediatel:.
I
22 FIRST READING this davof .2008,
__....~..J _______._ ________ ..__
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I ~ \l' A\Ordmances.Ch 20 sans PMR RF: V J doc
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1 SECOND, FINAL READING AND PASSAGE this day of ,
2 2008.
3
4 CITY OF BOYNTON BEACH, FLORIDA
5
6
7
8 Mayor - Jerry Taylor
9
10
11
12 Vice Mayor - Jose Rodriguez
13
14
15
16 Commissioner - Ronald Weiland
17
18
19
20 Commissioner - Woodrow L. Hay
21
22
23
24 Commissioner- Marlene Ross
25
26
27 ATTEST:
28
29
30
31 Janet M. Prainito, CMC
32 City Clerk
33
34
35
36
37 (Corporate Seal)
38
39
40
\CA\Ordinances\Ch 20 sans PMR REVI.doc
20
DEPARTMENT OF DEVELOPMENT
Memorandum PZ 08-091
TO: Kurt Bressner
City Manager
THRU: Quintus Greene
Director of D~ent
{ ,
FROM: Mike Rumpf , .
Director of Planning & Zoning
DATE: October 24, 2008
RE: Chapter 20 - Buildings, Housing, and Construction Regulations
LOR Rewrite - Interim amendment to regulations
INTRODUCTION
Chapter 20 of the existing LDR (Building, Housing, and Construction General) is
currently comprised of the following topics: building security code, electrical code,
energy efficiency, flood prevention, housing, swimming pools and spas, workforce
housing program, and historic perseveration. However, the chapter is in the process of
being revised due to 1) enhance and relocate the property maintenance requirements
(proposed to Chapter 10 of Part II City Code of Ordinances); and 2) amend the flood
damage prevention requirements, and 3) maintain consistency with the updates to the
Florida Building Code (FBC).
PROPOSED AMENDMENTS
The property maintenance requirements are regulations that provide minimum standards
for the upkeep of all vacant and developed property in the city. These regulations are
intended to place greater emphasis on non-residential and vacant properties, as well as
generally increase the acceptable quality standards of all existing lighting, ventilation,
plumbing, mechanical, and electrical improvements. These proposed enhancements will
also establish new and updated regulations for life safety matters including minimum
requirements for emergency escape openings, means of egress, and fire protection
systems. It should be noted that all new developments and renovations to existing
buildings must still comply with the FBC, which the new property maintenance
regulations would compliment. The City Commission tabled their review of the
proposed ordinance until the November 5, 2008 City Commission meeting, in part, to
allow additional time for staff to evaluate and assess the extent of new regulations and
associated costs.
1
The flood damage prevention regulations include standards which address flood hazard
reduction, areas of special flood hazard, and areas of shallow flooding (AO zones).
Having flood prevention provisions is important to the City because they provide
minimum life safety standards for existing and new development. Furthermore, such
provisions also affect the insurance premiums given the City participation in the National
Flood Insurance Program's (NFIP) Community Rating System (CRS), which is a
voluntary incentive program that recognizes and encourages community floodplain
management activities that exceed NFIP requirements.
In addition to the Property Maintenance Requirements and Flood Damage Prevention
regulations, the amendments proposed to Chapter 20 are summarized as follows:
. Omit Section 2 of Article I as the certificate of treatment of termites is now
covered by Chapter 1 of the FBC-Building and Chapter 3 of the FBC-Residential;
. Omit Section 5 of Article I as accessibility requirements are covered in depth by
Chapter 11 of the FBC- Building;
. Omit Section 7 of Article I as soil test requirements are now covered by Chapter
18 of the FBC-Building and Chapter 4 ofthe FBC-Residential;
. Omit Article V as the Energy Efficiency Code is now replaced by Chapter 13 of
the FBC- Building and will soon (March, 2009) include the International Energy
Conservation Code (ICC) when adopted by the State of Florida;
. Omit Section 4(B) of Article I, Interim Services Fee, as it is not enforceable under
current law; and
. Omit Article IX as Swimming Pools and Spas are now addressed by Section 424
of the FBC-Building and Chapter 41 of the FBC-ResidentiaL
SUMMARY / RECOMMENDATION
The attached work product reflects a collaborative effort on the part of the Department of
Development (both the Planning & Zoning Division and the Building Division), Code
Compliance, Public Works, and the City Attorney's office. The remaining existing
sections of Chapter 20 (i.e. workforce housing, State Housing Initiative Program (SHIP),
and historic preservation) remain unchanged at this time, but may undergo substantial
updating as part of a future LDR-rewrite deliverable. It should be noted that the timing
of these interim amendments is driven primarily in connection with the preparation for
the upcoming five (5)-year recertification process of the CRS. Staff proposes the subject
amendments for the various reasons explained in this memorandum.
MR:EJ
Attachments
S:\Planning\Zoning Code Update\LDR Rewrite\Staff Reports\Chapter 20.doc
2
Chapter 2','
BUILDINGS, HO{!SL~G Al\"D CONSTRllCTIO!'\ REGLTLATIO!'\S
lv-ti el e I. General
lVei cl e II, Reserved Electrical Code
A.rti el e III, Reserved
l\J1:iele IV, Reserved
Article \', Reserved Energy Efficiency Code
Article \'1. Reserved
A.rticle vn, Flood Damage Prevention
.Miele VIII. Local Housing Assistance Program Hmwin ;:;
.Micle IX. Reserved SVo'imming Pools and Spas
"Micle X, Workforce Housing Program
lv-ticle XI. Reserved
"Micle XII Reserved
Article XIll. Historic Preservation
ARTICLE 1. IN GENERAL
Section 1. Penalties.
Any person convicted of the violation of any of the terms or provisions of this chapter - ~-~~ - ~--
I or any code or standards adopted hereby shall be subiect to the penaltiesfls provided by .' Deleted: punished
Section 1-6 of the CiN of Bovnton Beach Code of Ordinances. If any person commences
any work on a building, structure, plumbing, mechanical or gas system before obtaining
the necessary permit he shall be subject to a penalty of four (4) times the established --_..._--~_._.._._---
permit fee. The J2.~~ctC?r_~f.Q~y'~lop.Ille11.t Illay.allo~:. a .wa}v.~~.~f.!h.C:p'ellalty f~e,. ill whole i Deleted: d
or in part when such waiver is supported lw the circumstances that app]\' to the specific i Deleted: d
instance of imnosim, a penalt\' fee. and does not violate the best interests of the city. _n.__ _
I Section 2. .Reserved. Certifieate af treatmeBt f-er termit-cs. Deleted: Before any Slab inspectim
is performed by the development
depamnent for 'the continued construction
Before any slab inspection is performed by the development department for the of any. improvements on an:y property in
continued construction of any impro'.'ements OR any property in the city, the oVlller of the city, the owner of said property or hIS
contractor shall furnish a certificate from
said property or his contraotor shall furnish u certificate from a city licensed exterminator a cit:' licensed exterminator tlUlt the soi;
that the soil ha:; been treat-ed fo:;- termites. has been treated for tennites.
Formatted: Font: Bold
Section 3. Minimum building and construction standards.
I A. The Florida Building Code 2004, Gas, Mechanical and Plumbing Codes,. Formatted: Normal, Justifier::,
2004 Edition, and the ,200.:'\ ~atiC?llalEle(;trical Code inc;ludingJl1ture~ditions or Indent: Fi,st line: C 5"
----
revisions as adopted by the city, are hereby adopted as the minimum Building Code for Deleted: 2002
the City of Boynton Beach.
October ]4. 2008
I
I B. Chapter 1, Administration, as described in the Boynton Beacb.-- ---1 Formatted: Normal, Justified,
Amendments, and is incorporated herein in the Florida Building Code 2004, Gas, Indent: First line: 0.5"
I Mechanical and Plumbing Codes, 2004 Edition, and the,2005 National Electrical Code. _ - i Deleted: 2002 )
I c. The City of Boynton Beach Administrative Amendments to the 2004.------ Formatted: Normal. Justified,
Florida Building Code, Plumbing, Mechanical, Gas and .,2(!()5Nl.~ti()1l_a!J::J~ctrip!l:!_C()de_ . Indent: First line: 0.5"
are incorporated in this document and made a part hereof, copies shall be maintained on . - - -. J Deleted: 2002 i
file in the Office of the City Clerk and shall be available to the public.
D. All construction regulation fees as referenced or described in the above
codes are subject to amendment by resolution by the City Commission. Current fee
schedules shall be maintained on file in the Office of the City Clerk and shall be
available, without charge, to the public.
(Ord. No. 96-40, ~~ 1 - 3, 5, 9-4-96; Ord. No. 99-16, ~ 1 - 4,6-15-99; Ord. No. 02-047, S
1,9-3-02; Ord. No. 05-063, ~ 2,11-1-05; Ord. No. 06-084, S 2,10-17-06)
Section 4. Fees.
A. ,F ~e~_a:qs~s~~?!e_ ~1v!l~e C it\' _ of Boyn_tCll1 J:5e~ch i()rt~~ _adI11i~lisl~~tto~1_ al~~__. i Deleted: I
enforcement of the Florida Buildin!! Code and the Citv of Bovnton Beach Administrative
Amendments to the Florida Building Code. pursuant to this Chapter and F.S.553,79.
553.80 & 166.222. shall be established bv the Citv Commission bv resolution from lime
to time.
Building Division permit fees shall be based upon the valuation ofbuildin!:.!s and svstems
and shall represent the total replacement value to include structural. electric. plumbing.
mechanical. interior finish. normal buildin[! related site work (excavation and backfill for
buildings ). architectural and desi!!l1 fees. overhead and orofit: exc1udin!! only land value.
Buildin[! valuation shall he based UDon bona fide executed construction contracts.
pfOprietarv builder documentation. or other nationallv recognized construction cost
analvsis service. which would include regional adjustments. such as the most current
edition of RS Means Construction Estimating Cost Data.
A revision to a permit shall not be issued until the additional fee. if any. due to an
increase in estimated cost of the buildinl!. electrical. plumbing. gas. mechanical.
landscaning or site develonment. has been paid.
^ Fees assessable by the City of Boynton Beach for the administration aRd
,(..L..
enf-oroement of the Florida Building Code and the City of Boynton Beach /.cimi:1:listrativc
Amendments to the Florida Buildm; Code, pursuant to this Chapter and F.S, H 553.79,
553.80 and 166.222, shall be established by the City Commission by resolution from. time
to time.
Building Division permit fees sRall be based upon the ';aluation of buildin;;s Bfld
systems and shall represent the total replaoement value to include srruetural, eleetric,
October ]4, 2008
2
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October 14. '200'b 3
Example: A 22,565 sqtlafe foot office building is issued a certifioate of
OCCUPMlcy in December of any ,;i':eEl year:
22,565 -'- 1,000 - 22.565
22.6 X $10.23 - $231.20
Interim servioes fee for this structure would be $231.20.
3. PTocedure. Except during the Suspensiol'l Period set forth above, the director
of de'lelopmcRt shall collect the interim sef"Vices fee prior to the issuance of a oertifioate
of occupancy or certifioate of completioR by the deyelopmefit department.
1. Distribution. Exccpt during the Suspension Period set forth above, on a daily
basis, the de'.'elopment department shall promptly remit monies oollected pursulI:E:t to this
scotian to the city finance direotor.
5. Eligibility for municipal services. Except during the Suspension Period set
forth abo'ie, no improvcmefl:t shall be eligihle for municipal services unless an in-terim
services fee has been paid.
6. Creation of trust mnd. The finl:mCle direotor shall aelposit all funds eolleoted
into a non lapsing trust mne established and maintained by the city. The use of such
funds will be restrioted and limited to eJtpenditures for public safety, physical
envirDnment (public works administra-tion oosts), maintenanoe and services fur roads fffid
streets, health (animal (00001), library and parIes aBd reoreation, which are associated
with the properties from whieh the fuBds were eoUected. The eity manager shall flTm'ide
the City Commission with recommendations for expefl.ditures of these mmis c1uring the
annual budget proeess or from time to time as needed. Such expenditures of funds shall
be limited to a pereentile of total fees ooUecred for each of the servioes as identified
herein. The City Commission by resolution must BfJpfO'.'e all e-xpenditures from said trust
fund upon determinatioB that said expenditures are appropriate.
(Ord. No. 00-09, ~ 2, 4-4-00; Ord. No, 05-069, S 2, 12-6-05; Ord. No. 08-002, S 2, 2-5-
08)
Section 5. Reserved. Aeeessibility by haBdieapped.
All construction must oonform with federul, state and county aooessibility mles and
regtllations inoludin;, but not limited to, the Florida Acoessibility Code, January 1991
Edition. In addition, all interior doors m all d'.velling units, hotel rooms Emd motel moms
on fIrst floor only or floors serviced by elevators shall have a minimum of twenty nine
(29) inches clear opening, (door of at least thirty m'o (32) inches in width) '..vith the
exception of storage rooms and closets.
October 14, 2008
4
Section 6. Coastal building zone and code.
A The coastal building zone for the city IS the land area from the seasonal- Formatted: Nor'C,c '~}stif!e'::
high-water line landward to a line one thousand five hundred (1.500 I feet land\\'ard from jnoen~.: First Ime
--.--- -----_.__._~._-
the coastal construction control line as established pursuant to Section 1 61.053. Flonda
Statutes. Development projects within this zone must utilize best management
construction techniques for natural resource protection and must confol111 to the goals.
objectives and policies of the comprehensive plan of the city. Chapter B"' Coastal
Management.
E- The coastal construction code was adopted on August 19. In6 and applies
I to all construction within the coastal building zone. and is 1l1coruorated herein b\
reference, ~A. cOlw,ol1}ileand available for inspectIOn m the offices of the CIty clerk and ~_._----_.._- -
Deleted: It
the director of development. "i Deleted: is not set aUl at lenf!ih herem
'i but if;
--_..-
(Ord, No, 96-60, ~ 1. 1-21-97)
Section 7. Reserved. Sail tests.
'Nhere the bearin;; capacity of soil 1::; not defmitely lrno'.m. the directo:- of
development ma:; require test or other adequat-e proof to establish permissible safe
bcarin.; oapacity, Tests shall be cenified, signed and sealod by a Florida re;;istered
engineer. and shall be submitted with the building permit application.
(Ord. No, 9660, ~ 2. 1 21 97)
Section 8. Reserved. Building security code,
^ Title, This section may be known and cited as "The City of Boynton Beach
.I....
Building Security Code" hereinafter referred to as the security eode,
B. Rules of construction, For the purposes of administration and enforcement of
this section, unless other,','ise stated in this section. the following rules of construction
shall apply to the text:
1. In case of any differenoe of meanin,; or implioation between the te);t of this
section and any caption, illustration, summary tfrble or illustrative rable. the text shall
control.
') The word "shall" is alviays mandatory and not disoretionary: the word "may"
, ..
IS permISSIye,
~ Words used in thc present tense shall include the future and '.vords used in the
singular number shall indude the plural. and the plural singular. unless the context
clearly indicates the contrary.
October] 4. 2008
5
1. The phrase "used for" includes "arranged for", "designed for", "maintaiBed
for" or "ocoupied for."
5. The word "person" inckides an individual, a corporation, a partnership, an
incorporated association or any other similar legal entity,
6. Unless the oontext eleady indioates the ooatrary, where a regulation m'loh'es
two (2) or more items, oonditioflS, provisions or events connected by the conjunction
"and", or "either. . .or," the conjunotion shall be interpreted as follows:
a. ".\fid" iBdieates that all the connected terms, oonditions, provisions or
e'lents may apply smgly or is. &BY eomhination.
b. "Or" indicates that the connected items, conditions, provisions or e'/ents
may apply singly or in any combination,
c. "Either.. , or" indicates that the connected items, conditions, provisions or
events shall apply singly, but not in combination.
7. The word "moludes" shall limit a term to the specified example, but is
intended to emend its meaning to all other instances or circumstances of like kind or
character.
C, /.dministration:
1. General. This code is remedial, and shall be cORswed t{) secure the beneficial
interests and purposes thereof whioh are health, safety and general welfllTe through.
minimum building security standards established to make buildings less susceptible to
unlawful entry and more secure for those pemOfts using said buildings. Strict complianoe
does not guarantee immuaity from criminal aotivity, and the sit)' assumes no
responsibility nor liability for an)' loss or damage relating to security.
2. .\.pplicability. This code applies to the construction, alteration, repair, change
of ocoupanoy classifieation or relooation of every building or structure or any
appurtenanees eonneoted or attached to sueh Ell:lildings or struotures ocoupied for
commercial or residential purposes. All eJ(isting single family and multi family l:lIrits and
oommeroial Structures shall have exterior idcntifioation/numberin.; as set forth in
subseotions E.16 and F.B of this section.
3. EJ(istin;; bl:iildings. Provisions set forth herein for building security are
recommended for all existing buildings but shall not be mandatory c](eept as set forth in
subsection c.::.,
1. Federal and state authority. This <lode shall not be held to deprive any federal
or state agency, or any applicable governin; body having jurisdiction, of any power or
October] 4. 2008
6
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october 14, 200S II
b. The staging Mea must he visible from an aocessible roadway to allow
effeoti'/c police patrol.
e. Lighting must be pro';ided to allow complete i'isibility to the area.
d. Padlock all storage trailers afld park ivithin sta;iR; area.
2. Items that must be discussed duoog a security survey 'J;ith the crime
prevention bureau:
a. The establislunent and progressiye evaluation of a sccLint,. budget.
13, Thc proper postiag of thc property.
c. The proper stomge and mMking of maehiaery and tools.
d. The methods of employee identific&tioEl and active site seetinty methods,
(Ord, No, 01 018, ~ 2, 1 704)
ARTICLE II. RESERVED. ELECTRICAL CODE
^ The National Eleotrical Code, 1999 Edition, together with the 1999 Boynton
-J..l.. Beaoh f.mendments thereto, Me hereby adopted as the uniform electrical code of the
oity. Eleetrical permit fees shall be as provided ia article I, Seotion 4 of this ohapter.
B. The amendments to the National :Electrioal Code, 1996 Edition, said
amendments being attached to Ordinance No. 96 40, Me hereby adopted and inoorporated
herein, and replaces Section 90 10, in the National Electrical Code, 1996 Edition.
C. All construction regulation fees as referenced or described in this code are
subject t-o amendment by resolution by the City Commission. Curren-t fee schedules shall
be maintained on file ia the Offioe of the City Clerk and shall be u'Iai1able, y:ithout
oharge, to thc public.
(Ord. No. 96 10, H L 2, 1, 5, 9 1 96; Ord. No, 00 15, ~ 1, 9 6 00)
ARTICLE III. RESERVED
ARTICLE IV. RESERVED
ARTICLE V. RESERVED ENERCY EFFICIENCY
WOO
ARTICLE VI. RESERVED
October] 4, 2008
12
ARTICLE VII. FLOOD DA_l\1AGE PRE\'E1\"T10~
Section I. Generally. . Formatted: Norma' IC5tified
. ._~-,--,~-----
A, Statutory authorization. The LegIslature of the State of Florida has' -.'. ...---- ---.-.-.
Formatted: Norma, j"stifl~CJ
authorized J()calgoY~ITIIlleI1tal.uI1its.to .!lcloPt. regulations. d~sigI1edto prolTIote the. p~~lic inaen:: First line: C.e:"
- -.-.----
- -_._.~---_.~
health. safety and general welfare of its citizenry. Therefore. the City Commission of Deleted: in Chapto' i "" nfFiond"
Boynton Beach. Florida. does ordain as set out herein. ~ratute~ delegated 1~le reSfl()nsib~~t2~ \(
B, Finding of fact.
l. The flood hazard areas of Boynton Beach, Florida, are subject to"" - ._~- -------.
Formatted: Norma: Just!flec,
periodic inundation which results in loss of life and property; health and safety : Indent: LefC: OS
hazards; disruption of commerce and governmental services: extraordinary public
expenditures for flood protection and relief: and impairment of the tax base: all of
which adversely affect the public health, safety and general welfare,
2, These flood losses are caused by the cumulative effect of obstructions. ; Formatted: Norma!, Justified,
in floodplains causing increases in flood heights and velocities. and by the : Indent: LefC: OS
occupancy in flood hazard areas by uses vulnerable to floods or hazardous to
I other lands which are inadequately elevated, .flood 11roofed or otherwise Deleted: floodproofed
unprotected from flood damages, -'~'-----
I c. Purpose. It is the purpose of this article to promote the public health. safety. Formatted: Normal, Justified,
and general welfare and to minimize public and private losses due to flood conditions in Indent: First line: OS'
specific areas by provisions designed to:
1. Restrict or prohibit uses which are dangerous to health. safety and' i Formatted: Normal, Justified,
property due to water or erosion hazards. or which result in damaging increases in ! Indent: Left: OS', First line: 0,5"
erosion or in flood heights or velocities:
') Require that uses vulnerable to floods, including facilities which'. -___--0
Formatted: Normal. Justified,
serve such uses, be protected against flood damage at the time of initial indent: Left: OS, FI,st Ime: OS
construction:
I ~ ---_.'
[ ~. Control t.l-re alteration of natural floodplains. stream channels and' Formatted: Normal, Justified,
natural protective barriers which are involved in the accommodation of flood indent: Left: 0.5", Fllst Ime: OS"
'..--.-------
waters:
-.-- ---- .
4, Control filling, grading, dredging and other development which may. Formatted: Normal, Justified,
increase erosion or flood damage: and. indent: Left: 0.5", First Ime: 0.5"
-""._~ ~-,----_._-
I .-- -_..~_.--------
5, Prevent or regulate the construction of flood barriers which will, , Formatted: Normal, Justified,
unnaturally divert flood waters or which may increase flood hazards to other I Indent: Left: 0.;;", First line: 0,5"
-----_.~"--,-
lands,
October] 4. 2008
13
I D. Objectives. The objectives of this article are: ..--- ----I Formatted: Normal, Justified,
I Indent: First line: 0.5"
I 1. To protect human life and health; ______u -iFormatted: Normal, Justified,
. Indent: Left: 0.5', First hne: 0.5'
I 2. To minimize expenditure of public money for costly flood-control..------- Formatted: Normal,Justifled,
projects; Indent: Left: 0.5", First hne: OS
I 3. To minimize the need for rescue and relief efforts associated with----- ---- Formatted: Normal, Justified,
flooding and generally undertaken at the expense of the general public; Indent: Left: OS, First line: OS
I 4. To minimize prolonged business interruptions; +---.--- Formatted: Normal, Justified,
Indent: Left: 0.5', First line: OS
I 5. To minimize damage to public facilities and utilities such as wate!"------- Formatted: Normal, Justified,
and gas mains, electric, telephone and sewer lines, streets and bridges located in Indent: Left: 0.5", First line: 0.5"
floodplains;
I 6. To help maintain a stable tax base by providing for the sound use and..------ Formatted: Normal,Justifled,
development of flood-prone areas in such a manner as to minimize future flood- Indent: Left: 0.5', First line: 0.5"
blight areas; and,
I 7. To insure that potential homebuyers are notified that property is in a___-u- n Formatted: Normal, Justified,
flood area. Indent: Left: 0.5', First line: 0.5"
I E. Terms. Words or phrases used in this article shall have the meaning they-n- n_ Formatted: Normal, Justified,
have in common usage and to give this article its most reasonable application. Indent: First hne: 0.5"
I Area of shallow flooding - a designated AO or VO zone on a community's flood------un~ Formatted: Normal,Justifled,
insurance rate map (FIRM) with base flood depths from one (1) to three (3) feet where a Indent: First line: 0.5"
clearly defined channel does not exist, where the path of flooding is unpredictable and
indeterminate, and where velocity flow may be evident.
, Area of special flood hazard - land in the floodplain subject to a one (1) per cent-uu u_ Formatted: Normal, Justified,
or greater chance of flooding in any given year. Indent: First line: 0.5"
I Base flood - a flood having a one (1) per cent chance of being ,eaJl~le~_.C>!:,u--u- Formatted: Normal,Justified,
exceeded in any given year. Indent: First line: OS' I
-i Deleted: equalled
I Breakaway wall - a wall that is not part of the structural support of the building---u-u Formatted: Normal, Justified,
and is intended to collapse without causing damage to the elevated portion of the building Indent: First line: 0.5"
or the foundation system.
I Coastal high hazard area - the area subject to high velocity waters caused by, but-----uu-1 Formatted: Normal, Justified, 'I
not limited to, hurricane wave wash or tsunamis. The area is designated in a FIRM as Indent: First line: OS j
zone Vl-30, VE or V.
October] 4, 2008
14
Flood or .flooding - a general and temporary condmon of pamal ,lJ complete' Formatted: Noece
mundation of normally dry land areas from the overflo\>o of inland or tidal waters \':- the: lnden~' FIrst lin::
unusual and rapid accumulation of runoff of surface waters from any source
Flood hazard boundary map (FHBM) - an official map of a community issued b)~ ---.---------..-
- Formatted: Norma i :~;tlhpc,
the Federal Emergency Management Agency where the boundaries of the areas of special Indent: FIrst lin-'2:
flood hazard have been defmed,
! Flood insurance rate map (FlRA1! - an official map of a community on which the- --~-.-----.---.--.- . -.--...-----
- Formatted: Norma:, J~stifle~,
Federal Emergency Management Agency has delineated both the areas of special flood Indent: First line: c~:"
-------------
hazard and the risk premium zones applicable to the community.
Flood insurance study - the official report provided by the Federal Emergency~ ---- -~-
~ Formatted: Norma!, Justified.
Management Agency which contains flood profiles, flood boundary-floodway map and Indent: First line: C.:"
----..,.--....
water surface elevation of the base flood,
I Floodway - the channel of a watercourse and the adjacent land areas that must be- . Formatted: Normal, justiflec,
reserved in order to discharge the base flood without cumulatively increasing the water Indent: First line: 0.:"
--'------.--,.-
surface elevation more than one (I) foot.
I Functional~l' dependent facility - a facility which cannot be used for its intended'- Formatted: Normal, Justified,
purpose unless it is located or carried out in close proximity to water, such as a docking Indent: First line: OS'
or port facility necessary for the loading and unloading of cargo or passengers.
shipbuilding, ship repair or seafood processing, The tenn does not include long-term
storage, manufacture, sales or service facilities,
I Mangrove stand - an assemblage of trees which contain one or more of the- - Formatted: Normal, justified,
following species: black mangrove, red mangrove, white mangrove and buttonwood. Indent: First line: OS'
.---.,.
Mean sea level - the average elevation of the sea for all stages of the tide, The- - ~ Formatted: Normal. justified,
tenn is synonymous with national geodetic vertical datum (NGVD) , Indent: First Ime: OS'
National geodetic vertical datum (NGVD) - a venical control used for establishing-. . Formatted: Normal, justified,
varying elevations within the floodplain. Indent: First line: D,S"
Nev.' construction - strucmres for which the "start of construction" commenced on' Formatted: Norma!, Justified,
or after the effective date of this anicle, Indent: First line: OS'
--_.~--_.~-
Sand dunes - naturally occurring accumulations of sand in ridges or mounds+. c Formatted: Normal, justified,
landward of the beach, indent: First line: OS'
Application. This article applies to all areas of special flood hazard withiw ~---,_._--
F, Formatted: Normal, justiflec,
the jurisdiction of Boynton Beach, Florida. Those areas are identified by the Federal Indent: First line: O.S"
Emergency Management Agency in its Flood Insurance Rate Map (FIRM) 1201960001-
0005, dated September 30. 1982, and any revisions thereto are adopted by reference and
declared to be a pan of this anicle,
October] 4, 2008
15
I G. Development permit. A development permit is .[~quire~ prior _tothe-_ -{Deleted: R
commencement of any development activities. '1 Formatted: Normal, Justified,
Indent: First line: OS
I H. Compliance. No structure or land shall hereafter be located, extended,+--uu Formatted: Normal, Justified,
converted or structurally altered without full compliance with the terms of this article and Indent: First line: OS
other applicable regulations.
I 1. Abrogation and greater restrictions. This article is not intended to repeal,+-- n'_ j Formatted: Normal, Justified,
abrogate or impair any existing easements, covenants or deed restrictions. However, Indent: Flrsthne: OS
where this article and another conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
I 1. Interpretation. In the interpretation and application of this article all.-.----. Formatted: Normal, Justified,
provisions shall be: Indent: FIrst Ime: OS
I l. Considered as minimum requirements; . . - - - - - - Formatted: Normal, Justified,
Indent: Left: 0.5", First line: 0.5"
I 2. Liberally construed in favor of the governing body; and +----.-. Formatted: Normal, Justified,
, Indent: Left: 0.5", First line: 0.5"
I 3. Deemed neither to limit nor repeal any other powers granted under-'-' n_ Formatted: Normal, Justified,
state statutes. Indent: Left: OS, First line: OS
I K. Warning and disclaimer. The degree of flood protection required by this+.----'- Formatted: Normal, Justified,
article is considered reasonable for regulatory purposes and is based on scientific and Indent: First line: OS
engineering considerations. Larger floods can and will occur. Flood heights may be
increased by man-made or natural causes. This article does not imply that land outside
the areas of special flood hazard or uses permitted within such areas will be free from
flooding or flood damages. This article shall not create liability on the part of Boynton
Beach, Florida, or by any officer or employee thereof for any flood damages that result
from reliance on this article or any administrative decision lawfully made thereunder.
I L. Penalties for violation. Violation of the provisions of this article or failure to. -. - - - - - Formatted: Normal, Justified,
comply with any of its requirements, including violation of conditions and safeguards Indent: First line: 0.5"
established in connection with grants of variance or special exceptions, shall constitute a
misdemeanor. Any person who violates this article or fails to comply with any of its
requirements shall, upon conviction thereof, be filled not more than five hundred dollars
($500.00) or imprisoned for not more than sixty (60) days, or both, and in addition shall
pay all costs and expenses involved in the case. Each day such violation continues shall
be considered a separate offense. Nothing herein contained shall prevent the City of
Boynton Beach from taking such other lawful action as is necessary to prevent or remedy
any violation.
I Section 2. Administration. +___un{ Formatted: Normal, Justified J
October] 4, 2008
16
:,\, Admmistrator. The director llf development l~ nereh\ dppolilteu
administer and implement the provisions of thi, amcle
B, Duties and responsibilities of the administrator. Dutie, (If the administrator> ~'--"-~---..
Formatted: Normal j, ,,"II I"
or his designee shall include. but not be limited to Inaen~: ::::irst line:
---.--.---.--....
1. Review all development permlts to assure that the permit- Formatted: Norma;, JustifleG,
requiremenL<.; of this anicle have been satisfied, Indent: Left: 0.5" ::'1"5: Ilnl2: [I.:'
-- ---_._-_.~-~ "-- -
') Advise permittee that additional federal or state permits may be- -_.-------- --
-, Formatted: Norma" Justiflea,
required. and if specific federal or state permits are known, require that copies of Inden~: Left: OS, "'rst line: 0,':'
'----.------. -----
such permits be provided and maintained on file with the development permit.
3. Notify adjacent communities and the state department of community' I Formatted: Norma!, justified,
affairs prior to any alteration or relocation of a watercourse. and submit evidence Indent: Left: 0.5", FICs~ line: 0.5"
.-- ""-'------
of such notification to the Federal Emergency Management Agency.
I 4, Assure that maintenance is provided within the altered or relocated- i Formatted: Normal, Justified,
portion of said watercourse so that the flood-carrying capacity is not diminished, ' Inden~: Left: 0.5", First line: 0,5"
..-------.--
I ), Verify and record the actual elevation (in relation to mean sea level)- -_.
: Formatted: Normal, Justified,
of the lowest floor (including basement) of all new or substantially improved ' Inden~: Left: OS', First line: 0.5"
_.___..'.n._..____ _ _ _
structures. in accordance with paragraph C.
I 6, Verify and record the actual elevation (in relation to mean sea level)-' '1 Formatted: Normal, Justified,
to which the new or substantially improved structures have been .flood moofed, in Indent: Left: 0.5", First line: OS'
accordance with paragraph C. Deleted: floodproofed
7, In coastal high hazard areas, certification shall be obtained from a-' . 1 Formatted: Normal, Justified,
registered professional engineer or architect that the structure is securely anchored l Indent: Left: OS, First line: OS'
-..-.------,.
to adequately anchored pilings or columns in order to withstand velocity waters
and hurricane wave wash.
I 8, In coastal high hazard the administrator obtain. . ---~--_.
I areas, shall 1 Formatted: Normal, Justified,
certification for the adequacy of breakaway walls in accordance with article VII, I Indent: Left: 0.5", First line: 0.5"
Section 3.B.5.h,
i 9, When flood nroofim: is ~tilized for a p<lrtic~lar structure, tlle-- Formatted: Normal, Justified,
administrator shall obtain certification from a registered professional engineer or Indent: Left: 0.5", First line: 0.5"
architect. Deleted: floodproofing
I .--.----
I 10, Where interpretation is needed as to the exact location of the-- Formatted: Normal, Justified,
boundaries of the areas of special flood hazard (for example, where there appears indent: Left: 0.5", First line: C.5'
to be a conflict between a mapped boundary and actual field conditions), the
administrator shall make the necessary interpretation, The person contesting the
October ]4. 2008
17
location of the boundary shall be given a reasonable opportunity to appeal the
interpretation as provided in this article.
I 11. When base flood elevation data has not been provided in accordance+,-,-- '1 Fonnatted: Normal, Justified, J
with article VII, Section I.F, the administrator shall obtain, review and reasonably . Indent: Left: OS, First line: OS'
utilize any base flood elevation data available from a federal, state or other
source, in order to administer the provisions of Section 3. The finished floor
elevation of all habitable snace in new construction. not located in a flood zone.
shall be elevated a minimum of t\velve (121 inches above the crown of am'
adiacem roadwav.
I 12, All records pertammg to the provisions of this article shall be+---.--j Fonnatted:Normal,Justified,
maintained in the department of development and shall be open for public Indent: Left: 0.5', First line: 0.5"
inspection.
I c. Permitting. Application for a permit shall be made to the development+-- ---- Fonna1:ted: Normal, Justified,
department prior to any development activities. Application shall include, but not be Indent: First line: OS
limited to, the following plans in duplicate drawn to scale showing the nature, location,
dimensions and elevations of the area in question to be developed; existing or proposed
structures; fill; storage of materials; drainage facilitiesllocation. Specifically, the
following information is required:
I 1. Elevation in relation to mean sea level of the proposed lowest floox-- -'---1 Fonnatt:ecl: Normal, Justified,
(including basement) of all structures. Indent: Left: OS, First line: 0.5"
I 2. Elevation in relation to mean sea level to which any non-residential..---- - -1 Formatted: Normal, Justified,
structure will be,flo()dnro_ofed:___________,m__m__m ______'__m 'm________m___________m____ ' Indent: Left: OS, First line: OS
- - jDeleted: floodproofed I
I 3. Certification by a Florida registered engineer or architect that the+--- ---Formatted: Normal, Justified,
structure meets the ,flood }Jr~()fi~g_~Jjt~ti~_~ _~r,tj~~~_.YII,_~~_~!i()_Il})~}.___ __, m__'____ Indent: Left: OS, First line: OS'
-I Deleted: floodproofing
I 4. Description of the extent to which any watercourse will be altered ox--- ..-- Fonnatted: Normal, Justified,
relocated as a result of proposed development. Indent: Left: OS, First line: OS
I 5. A flood elevation or ,t1(),Cl,d proofIng _ c,er,tj.fi,~~~i,o~ _ a,f'te~ th~..1'?~~.s.t ,f1.,?,or::---- --- Formatted: Normal, Justified, I
is completed, or in instances where the structure is subject to the regulations Indent: Left: OS, first line: OS
applicable to coastal high hazard areas, after placement of the horizontal structural Deleted: floodproofmg
members of the lowest floor. Within twenty-one (21) calendar days of
, establishment of the lowest floor elevation, or flood nroofing__by _whatever_ -I Deleted:floodproofing
construction means, or upon placement of the horizontal structural members of
I the lowest floor, whichever is applicable, the permit holder shall submit to the
development department a certification of the elevation of the lowest floor, flood ! Deleted: tloodproofed !
proofed elevation, or the elevation of the lowest portion of the horizontal
structural members of the lowest floor, whichever is applicable, in relation to
mean sea level. Said certification shall be prepared by or under the direct
I supervision of a registered land surveyor or professional engineer. \\Then flood Deleted: floodproofing
October 14, 2008
18
:::r._ iCl J JIE': I~ utilized. certification ~hall be prepared tw ur under the olre,.',
~upervision of a professional engmeer or architect. l\.ny work done within the
twenty-one-day calendar period and pnor w submisslOn of the cemfication shaL
be at the permit holder's risk. The development department shall review the flood
elevation survey data submitted, Deficiencies detected by such rn'iew shall be
corrected by the permit holder immediately and prior to continuatIOn of the work
Failure to submit the surveyor failure to make said corrections, shall cause
issuance of a stop-work order for the project.
I 6, A survey of mangrove trees on site, -------
- Formatted: Normal, Justified,
Indent: Left: 0.5", First line: OS
I D, Variance procedures/appeals, ..--- Formatted: Normal. Justified,
Indent: First line: 0.5"
i 1. The building board of adjustment and appeals shall hear and decide- Formatted: Normal, Justified,
I
appeals when it is alleged there is an error in any requirement, decision or Indent: Left: OS', First line: 0,5'
-~~~---"
determination made by the director of development in the enforcement or
administration of this article.
! In such appeals, the building board of- ________n_
a. passmg upon Formatted: No,mai, Justified,
adjustment and appeals shall consider all technical evaluations. all relevant Indent: left: 1", Flrst line: OS
-.-----------------...
factors. all standards specified in other sections of this article. and:
(1) The danger that materials may be swept onto other" . Formatted: Normal, Justified,
lands to the injury of others, Indent: Left: 1.5", First line: 0.5"
-_.~-~.---~-~.-
I (2) The danger to life and property due to flooding Or" ---------
j Formatted: Normal, Justified,
erosion damage, Indent: left: 1.5", First line: OS
---~ -~ ----
(3 ) The susceptibility of the proposed facility and its- Formatted: Normal, Justified,
contents to flood damage and the effect of such damage on the Indent: Left: 1.5", First line: OS
__"_0- _____________
individual owner.
I (4) The importance of the services provided by the- Formatted: Normal, Justified,
proposed facility to the community, Indent: Left: 1.5", First ime: 0.5"
--~-~--~.'-" -~
i The necessity to the facility of a waterfront location,- ---------
(5 ) I Formatted: Normal, Justified,
where applicable, i Indent: Left: 1.E", First Itne: 0.5"
- ~----------------
I ..---
(6) The availability of alternative locations. not subject-. . i Formatted: Normal, Justified,
to flooding or erosion damage. for the proposed use. Indent: Left: 1.5", First ime: 0.5"
The compatibility of the proposed use with existing- --'_"----0
(7) 1 Formatted: Normai, Justified,
and anticipated development. Indent: Left: 1.5", FirS: line: OS
___on.
October 14. 200S
19
\ (8) The relationship of the proposed use to th~-- .-.. Formatted: Normal, Justified,
comprehensive plan and floodplain management program for that Indent: Left: 1.5", First line: OS I
area.
I (9) The safety of access to the property in times of flood+-. ... Formatted: Normal. Justified,
for ordinary and emergency vehicles. Indent: Left: 1.5", First line: 0.5"
\ (10) The expected heights, velocity, duration, rate ofris~--"" Formatted: Normal, Justified,
and sediment transport of the flood waters and the effects of wave Indent: Left: 1.5", First line: OS
action, if applicable, expected at the site.
I (11) The costs of providing governmental services+..-.... Formatted: Normal, Justified,
during and after flood conditions including maintenance and repair Indent: Left: IS, First line: 0.5"
of public utilities and facilities such as sewer, gas, electrical, and
water systems. and streets and bridges.
I b. Upon consideration of the factors listed above and th~....... Formatted: Normal,Justified,
purposes of this article, the building board of adjustment and appeals may Indent: Left: 1", First line: 0.5"
attach such conditions to the granting of variances as it deems necessary to
further the purposes of this article.
I c. Variances shall not be issued within any designated floodway+----hj Formatted: Normal,Justlfied,
if any increase in flood levels during the base flood discharge would Indent: Left: 1", First line: 0.5"
result.
2. The building board of adjustments and appeals shall hear and decide
requests for variances from the requirements of this article.
I a, Conditions for variances: .. ...--.. Formatted: Normal, Justified,
Indent: Left: OS, First line: 0.5"
I (1) Variances shall only be issued upon a determination that th~-- .m Formatted: Normal, Justified,
variance is the minimum necessary, considering the flood hazard, to afford Indent: Left: 1", First line: 0.5"
relief, and in the instance of a historical building, a determination that the
variance is the minimum necessary so as not to destroy the historic
character and design of the building.
I b. Variances shall only be issued upon: ... -- --' . Formatted: Normal, Justified,
Indent: Left: 0.5", First line: 0.5"
I (1) A showing of good and sufficient cause; +--..... Formatted: Normal, Justified,
Indent: Left: 1", First line: 0.5"
I (2) A determination that failure to grant the variance would+-" . Formatted: Normal, Justified,
result in exceptional hardship to the applicant; and lndent: Left: 1", First line: 0.5"
I (3) A determination that the granting of a variance will not result+--.--.- Formatted: Normal, Justified, 1
in increased flood heights, additional threats to public safety, Indent: Left: 1", First line: OS
extraordinary public expense, create nUIsance, cause fraud on or
October 14. 2008
20
\'Icnmization of the pubiic or c()nf1lc~ WIth e)~lSl1n~ II leal la\' '.
ordinances.
~, Any applicant to whom a variance IS granted shall be g]ven
wntten notice specifying the difference between the base flood elevation
and the elevation to which the structure is to be built and stating that the
cost of flood insurance will be commensurate with the increased nsk
resulting from the reduced lowest floor elevation,
3, Any person aggrieved by the decision of the building board of. : Formatted: Normal, Justified,
adjustment and appeals or any taxpayer may appeal such decision to the circUlt ' Indent: Left: OS', Fiest line: 05'
-"--._~- -----,-
court as provided in Florida law,
4, Variances may be issued for the reconstruction, rehabilitation or
restoration of structures listed on the National Register of Historic Places or the
State Inventory of Historic Places without regard to the procedures set forth in the
remainder of this section,
I 5, The director of development shall maintain the records of all. . j Formatted: Normal, Justified,
i
appeal actions and report any variances to the Federal Emergency Management ' Indent: Left: OS', "'Irst line: 0,5"
_~__.__._u
Agency upon request.
I Section 3. Provisions for Flood Hazard Reduction. H_.._
. , Formatted: Normal, justified
--~.~-_._--
I A, In General. In all areas of special flood hazard the following provisions ar~ ' Formatted: Normal, Justified,
I
required: Indent: First line: 0, ""
1. .All new construction and substantial improvements shall be
anchored to prevent flotation, collapse or lateral movement of the structure.
I ') Manufactured homes shall be anchored flotation,. . ._-~.~
to prevent ~I Formatted: Normal, Justified,
collapse or lateral movement. Methods of anchoring may include, but are not ' Indent: Left: 0.5", Fl~st line: 0.5"
limited to, use of over-the-top or frame ties to ground anchors, This standard
shall be in addition to and consistent with applicable state requirements for
resisting wind forces.
i 3, All new construction and substantial improvements shall b~- Formatted: Normal, Justified,
constructed with materials and utility equipment resistant to flood damage, Indent: Left: 0.5", First line: OS'
I 4. All new construction or substantial improvements shall b~ Formatted: Normal, Justified,
constructed by methods and practices that minimize flood damage, Indent: Left: 0.5", First line: OS
I -.'--.-.---.-
5, Electrical, heating, ventilation, plumbing, air conditioning equipment. ' Formatted: Normal, Justified,
and other service facilities shall be designed and/or located so as 10 prevent water Indent: Left: 0.5", First line: OS
----..-.-
from entering or accumulating within the components during conditions of
flooding,
October] 4. 2008
21
I 6. All new and replacement water supply systems shall be designed to.--"-- Formatted: Normal, Justified,
minimize or eliminate infiltration of flood waters into the system. Indent: Left: OS, First line: 0.5"
I 7. New and replacement sanitary sewage systems shall be designed to+-- --- Formatted: Normal, Justified,
minimize or eliminate infiltration of flood waters into the systems and discharges Indent: Left: OS, First line: OS'
from the systems into flood waters.
I 8. On-site waste disposal systems shall be located to avoid impairment+-- ---1Formatted: Normal, Justified,
to them or contamination from them during flooding. Indent: Left: OS, First line: OS
I 9. Any alteration, repair, reconstruction or improvements to a structure+--'''' Formatted: Normal, Justified,
which are in compliance with the provision of this article, shall meet the Indent: Left: OS, First line: OS
requirements of "new construction" as contained in this article.
I B. Standards for areas of special flood hazard. In all areas of special flood+----- Formatted: Normal, Justified,
hazard where base flood elevation data has been provided as set forth in Article VII the Indent: First line: 0 S
following provisions are required:
I 1. Residential construction. New construction or substantial.--- -- -- Formatted: Normal, Justified,
improvement of any residential structure shall have the lowest floor, including Indent: Left: OS, First line: 0.5"
basement, elevated to or above base flood elevation, Should solid foundation
perimeter walls be used to elevate a structure, openings sufficient to facilitate the
unimpeded movements of flood waters shall be provided in accordance with
standards of article VII, Section 3 .B.3.
I 2. Non-residential construction. New construction or substantial.------ -- Formatted: Normal, Justified,
improvement of any commercial, industrial or other non-residential structure shall Indent: Left: OS, First line: OS
have the lowest floor, including basement, elevated to the level of the base flood
I elevation. Structures located in all A-zones may be ,fl,o.od nr:()ofe~.iJ:1__lj.ell:_()r~.etIlg, jDeleted: floodproofed !
elevated provided that all areas of the structure below the required elevation are
watertight and with walls substantially impermeable to the passage of water and
with structural components having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy. A registered professional engineer
or architect shall certify that the standards of this subsection are satisfied. Such
certification shall be provided as set forth in Article VII, Section 2.C.3.
I 3. Elevated buildings, New construction or substantial improvements of+' --'-- Formatted: Normal, Justified,
elevated buildings that include fully enclosed areas formed by foundation and Indent: Left: OS, First line: OS
other exterior walls below the base flood elevation shall be designed to preclude
[mished living space and designed to allow for the entry and exit of floodwaters to
automatically equalize hydrostatic flood forces on exterior walls,
I (a) Designs for complying with this requirement must either be+------- Formatted: Normal, Justified,
certified by a professional engineer or architect or meet the following Indent: Left: 1", First line: 0 S
minimum criteria:
October 14. 2008
22
(11 Pro\'ide a mimmurn of two 12) openings hanng ~- -'---~._---~
Formatted: Norma" :..!stlflec..,
total net area of nOl less than one I 1 ) square inch for every square jnder:~: Left: 2 ~" ,',rs>- jir~~
--------.
foot of enclosed area subject to flooding:
(2) The bottom of all openings shall be no higher than-- --.-------...-------.
Formatted: Nonnal, JustIfJec,
one (l) foot above grade: and Indent: Left: 1.;(0, :::I:S~ !Ins: c:~'
_.~----~.
(3) Openings may be equipped with screens. louvers.+-- -- ._._--_..._---~-_.
, Formatted: Normal, Justified.
valves or other coverings or devices provided they permit the Indent: Left: : .~ll F,"'st line: c..:-'
_.._-,--_.~----
automatic flow of floodwaters in both directions.
I (b) Electrical, plumbing and other utility connections . --------------
are+-- Formatted: Normal, Justified,
prohibited below the base flood elevation: Inden:: Left 1", First line: 0.5"
~-~-~.,.
I (c) Access to the enclosed area shall be the minimum necessary+-- "---.---
Formatted: Normal, Justified,
to allow for parking of vehicles (garage door) or limited storage of ' Indent: Left: 1", First Ime: 0.::"
maintenance equipment used in connection with the premises (standard
exterior door) or entry to the living area (stairway or elevator): and
I (d) The interior portion of such enclosed area shall not be- Formatted: Nonnal, Justified,
partitioned or fmished into separate rooms. Indent: Left: 1", FIrst lme: 0.:"
-~-'-'-
4, Floodways, The following provisions shall apply to floodways+ - Formatted: Normal, Justified,
within areas of special flood hazard established hereinbefore: Indent: Left: 0.5", First line: 0'::-"
----~~._---
I (a) Prohibit encroachments including fill, new construction.+- - Formatted: Normal. Justified,
substantial improvements. and other development unless certification Indent: Left: 1", First line: 0.5"
-- ~------
(with supporting technical data) by a Florida registered engmeer IS
provided demonstrating that encroachments shall not result in any increase
in flood levels during occurrence of the base flood discharge,
I (b) If Paragraph BA.a is satisfied. all new construction and- : Formatted: Normai, Justified,
substantial improvements shall comply with all applicable flood hazard Indent: Left: 1", First Irne: 0.5"
--------------,
reduction provisions of Section 3,
I (c) Prohibit the placement of any manufactured homes (mobile' ' Formatted: Normal, Justified,
homes) except in an existing manufactured home (mobile home) park or Indent: Left: 1", FI'st line: 0.5"
_._-~--~--"--
subdivision. A replacement manufactured home may be placed on a lot in
an existing manufactured home park or subdivision provided the
anchoring standards and elevation standards outlined hereinbefore are met,
I 5, Coastal high hazard area (V zones), Located within the areas of- -~~-------
" Formatted: Normal, Justified,
special flood hazard established herein are areas designated as coastal high hazard Indent: Left: 0.5", First Irne: O,S'
---~-------
areas. These areas have special flood hazards associated with wave wash:
1herefore. the following provisions shall apply:
October 14. 2008
')~
_.J
I (a) All buildings or structures shall be located landward of the-.. ..u Formatted: Normal, Justified,
reach of the mean high tide. Indent: Left: I", First line: 0.5"
I (b) All buildings or structures shall be elevated so that the+...." Formatted: Normal. Justified,
lowest supporting member (excluding pilings or columns) is located no Indent: Left: I", First line: OS
lower than the base flood elevation level, with all space below the lowest
supporting member open so as not to impede the flow of water. Open
lattice work or decorative screening may be permitted for aesthetic
purposes only and must be designed to wash away in the event of
abnormal wave action.
I (c) All buildings or structures shall be securely anchored on+..... Formatted: Normal, Justified, I
pilings or columns. Indent: Left: I", First line: OS
I (d) All pilings and columns and the attached structures shall be+uuu Formatted: Normal, Justified,
anchored to resist flotation, collapse, and lateral movement due to the Indent: Left: I", First line: 0.5"
effect of wind and water loads acting simultaneously on all building
components. The anchoring and support system shall be designed with
wind and water loading values which equal or exceed the hundred-year
mean recurrence interval (one {I} percent annual chance flood).
I (e) A Florida registered engineer or architect shall certify thato-. ..-.. Formatted: Normal, Justified,
the design, specifications and plans for construction are in compliance Indent: Left: 1 ", First line: OS
with the provisions contained in paragraph B.5.b, c and d.
I (f) No fill shall be used as structural support. Non-compacted+-.-. Formatted: Normal, Justified,
f1l1 may be used around the perimeter of a building for Indent: Left: 1", First line: OS
landscaping/aesthetic purposes provided the fill will wash out from storm
surge, (thereby rendering the building free of obstruction) prior to
generating excessive loading forces, ramping effects or wave deflection.
The development department shall review design plans for
landscaping/aesthetic fill only after the applicant has provided an analysis
by an engineer, architect and/or soil scientist, which demonstrates that the
following factors have been fully considered:
I (1) Particle composition of fill material does not have a+-.. ..- Formatted: Normal, Justified,
tendency for excessive natural compaction; and Indent: Left: 1.5", First line: 0.5"
I (2) Volume and distribution of fill will not cause wave+". --- Formatted: Normal, Justified,
deflection to adjacent properties; and Indent: Left: IS', First line: OS
I (3) Slope of fill will not cause wave run-up or ramping. 4--- -- -- Formatted: Normal, Justified,
Indent: Left: 1.5", First line: OS
I (g) There shall be no alteration of sand dunes or mangrove+. ----- Formatted: Normal, Justified, I
stands which would increase potential flood damage. Indent: Left: 1", First line: 0.5" J
October J4. 2008
24
(h\ Lattice work or decorative screening shall be allcnved belcn\" --~_._.__._--~--,.-
Formatted: Norm;;! jJSC;:i'2C
the base flood elevation provided tiley are nOl part of the structural support In den::: Lef:: -~. c ~.
of the building and are designed so as to breakaway. under abnormal1)
high tides or wave action, \",ithout damage to the structural integrity of the
building on which they are to be used and provided the following deSIgn
specifications are met:
I (l) No solid walls shall be allowed: and -- -..-"------
~ j Formatted: Norma!, Justified,
! Indent: Let:: lS, First line: D,S"
I (2) Material shall consist of wood or mesh screening.' : Formatted: Norma!, Justified,
only. ' Indent: Left: 1.51', First hne: 0.5"
(i) If aesthetic lattice works or screening are utilized. such- - -i Formatted: Normal, Justified,
enclosed space shall not be used for human habitation, i Indent: Left: 1", Flrst irne: OS'
___ _~ ____.n
(j) Prior to construction, plans for any structure that will have- i Formatted: Normal, Justified,
lattice work or decorative screening must be submitted to the development ! Indent: Left: 1", First line: OS'
.--.--.-..-.-.--..-
department for revie",',
(k) Prohibit the placement of manufactured homes (mobile- i Formatted: Normal, Justified,
homes), except in an existing manufactured home (mobile home) park or ! Indent: Left: 1", First line: OS
.-----------
subdivision. A replacement manufactured home may be placed on a lot in
an existing manufactured home park or subdivision provided the
anchoring and elevation standards of this chapter are met
I (1) Any alteration, repair, reconstruction or improvement.- 1 Formatted: Normal, Justified,
I
to a structure shall not enclose the space below the lowest floor ! Indent: Left: 1.5", First line: OS'
~-_.-
except for lattice work or decorative screening. as provided for in
paragraph B.6.h and i,
C. Standards for areas of shallow flooding I,AO zones), Located within the-- ! Formatted: Normal, Justified,
areas of special flood hazard established in Section 1.F are areas designated as shallow ! Indent: Fi,st irne: OS'
._---~,----
flooding. These areas have special flood hazards associated with base flood depths of
one (1) to three (3) feet where a clearly defmed channel does not exist and where the path
of flooding is unpredictable and indeterminate: therefore. the following provisions apply:
I All new construction and substantial improvements of residential- ---..-..
(1) Formatted: Normal, Justified,
structures shall have the lowest floor, including basement, elevated to the depth i Indent: Left: OS, Fllst line: OS'
number specified on the flood insurance rate map, in feet, above the highest
adjacent grade, If no depth number is specified, the lowest floor. including
basement. shall be elevated at least two (2) feet above the highest adjacent grade,
I -~~_._._-
(2) All new construction and substantial improvements of non-" Formatted: Normal, Justified,
residential structures shall: Inden:: Left: OS', Fllst line: OS'
October] 4. 2008
25
I (a) Have the lowest floor, including basement, elevated to the+--...- Formatted: Normal, Justified,
depth number specified on the flood insurance rate map, in feet, above the Indent: Left: 1", First line: OS'
highest adjacent grade. If no depth number is specified, the lowest floor,
including basement, shall be elevated at least two (2) feet above the
highest adjacent grade, or
I (b) Be completely ,floodDroofe~t()_Cl~i:llJ()~~_!l1a~ ley(:J__sCl_ !l1at-:- ---- -1 Formatted: Normal, Justified,
any space below that level has watertight walls substantially impermeable . Indent: Left: 1", First line: OS'
to the passage of water; structural components having the capability of ", Deleted: floodproofed J
resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
I utility and sanitary facilities completely J100d nroofed. ' Deleted: floodproofed ]
- - . . -. -- . . - - - - * - - - - - - - - - - - - - - - - - - - - - ~ - - - - --
I D. Standards for subdivision proposals. ..------- Formatted: Normal, Justified,
Indent: First line: 0.5"
I 1. All subdivision proposals shall be consistent with the need to..-----.- Formatted: Normal, Justified,
minimize flood damage. Indent: Left: OS, First line: OS'
I 2. All subdivision proposals shall have public utilities and facilities such. ------ Formatted: Normal, Justified,
as sewer, gas, electrical and water systems located and consuucted to minimize Indent: Left: OS, First line: OS
flood damage.
I 3. All subdivision proposals shall have adequate drainage provided to.------- Formatted: Normal, Justified,
reduce exposure to flood hazards. Indent: Left: OS, First line: OS
I 4. Base flood elevation data shall be provided for subdivision proposals.------- Formatted: Normal, Justified,
and other proposed development which contains more than fifty (50) lots or is Indent: Left: 0.5", First line: OS
larger than five (5) acres.
I E, Standards for small streams. Where small streams exist, but where no base+------- Formatted: Normal, Justified,
flood data has been provided or where no floodways have been provided, the following Indent: First line: OS'
provisions apply:
I 1. No encroachments, including fill material or structures, shall be-..- - - -- Formatted: Normal, Justified,
located within a distance of the stream bank equal to five (5) times the width of Indent: Left: OS, First line: OS
the stream at the top of bank or twenty (20) feet on each side from top of bank,
whichever is greater unless certification by a Florida registered engineer is
provided demonstrating that such encroachments shall not result in any increase
in flood levels during the occurrence of the base flood discharge.
2. New construction or substantial improvements of structures shall be
I elevated or jlood oroofed _in accordance with elevations established.in ae:cClrdance _ . -I Deleted: floodproofed I
with Section 2.B.!1.
ARTICLE VIII. LOCAL HOUSING ASSISTANCE
PROGRAM HOUSINC
October 14. 2008
26
Section 1. Cenerally.
-- ^ Terms. Words or plLases used in this anicle shall hw;e the meaning they
. .... haye in common usa;e and to give this U1~icle Its most rea~;onable application.
ExtcrmillBtiOl: the cOEtrol and elimination of insects, rodent: or other pests by
eliminating their harborage places by remoying or making inaccessible materials that
may servc as their food; by poisoning, spra:;ing. fumigating. trapping: or by any other
recognized and legal pest elimination method.
Garbage animal and ,,'egetable ",;aste resulting from the handling. preparation.
cookin; and consumption of food,
11~fest.5;tioJ; the presence of insects. rodents or other pests,
OCCUPBl'lt .\ny person over one year of age !i';ing, sleeping. cooking or eatin; in
or having actual possession of a dwelling unit.
Parties ill interest all indiyid-uals, associations, partnerships, corporations and
others who have interest in a d\.velling or ,...fio arc in possession or control thereof, as
agent of the owne:-, as eJ~ecutor, executrix, administrator. administratrix, trUstee or
;uardian of ilie estate of the O'Nner.
Premises a platted or unplatted lot or parcel of land either occupied or unoccupied
by any strUcture,
Public hall any hall, corridor or passage\.vay not within the exclusive control of
one family.
Rubbish all combustible and noncombustible waste except garbage.
Sz,cfJPlied facilities facilities paid for. furnished or pw\'ided by. or under the
control of, the owner or operator.
Tcmporarj' heb>sil'lg any trailer or other structure used for human shelter which is
designed to be transportable and vlhich is not attached to the gmund, to another strUcture
or to uny utility system for more than thirty (30) days, .^.ny trailer or other structure
occupied for more than thirty (30) days shall meet all requirements of thic; anicle.
Wor.TcmBlllikc state of mai17tcrWl'leC and repair in compliance ,,';ith all codes and
ordinances pertainiBg to construction of buildings and installation of utilities.
B. Reser.'ed,
C. Purpose, The purpose of this ankle is to protect the public health, safety, morals
and welfare of the people of the city by establishing minimum standards ;ovelling the
October 14. :W08
'J""
_I
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. . .
'" ,
, t> . .
t:'
, l:>
l:>
,
'"
l:> ' '"
'"
'"
,
'"
, .' .
""
~ ,
,
, ,
""
,
'"
,
, ,
,
,
~ '" ,
'" '"
'"
,
, ,
. ' '
~ , ,
, , ,
~
october \4.2008 28
lei The structure. because of th::: location. genera] condiuOJ:. sm:e of th,
premlse~ or number of occupant=. is so unsanitary. unsafe. oyercrov:ded or other\':l:;c
detrimental to health and safer:: that it create:; G serious hazard te th::: occupan:s or t110
~
(d) The structure. because of the failure 0: thc O','inor or occupant to comply
,,:ith suer. notices or orders issued pursuant to this article. is. unfit for human habitation,
.., Correctiye action, Thc owner, agent or operator of any diNelling \\'hich has,
-, been designated as unfit for human habitation and vacated, shall make such dwelling safe
and secure in '.':hateyer ffi8:mler the dC'lelopment department shall deem necessary in
order to meet the standards set forth herein. .A.ny ':acant building open at the doors and
windows, if unguarded, shall be deemed dangerous to human life and a nuisance within
the meaning of this proyision.
H, Ocaupant responsibilities, Tho responsibilities of the occupants of all dv:ellin;
units are as follo',','s:
1. To keep dwelling and premises he controls and occupies ill 0 clcan and
sanitary condition,
.., To dispose of rubbish and garbage in a clean and sanitary manner as
prescribed by city ordinanccs or regulations.
~ To han.; and remoye screens pro':ided by thc o';mer except where mvner has
agreed to supply such seryices,
1- To kecp plumbing fl)~tures therein in a clean and sanitary condition and to
exercise reasonable care in the proper use and operation thereof.
5. To exterminate in the follo'l:ing cases:
(a) Occupant of Q single dwellin); is responsible for extermination of any
insects, rodents or other pests therein or on premises,
(b) Occupant of a dv:elling unit in a multiple unit structure is responsible for
cxtermination of any insects, rodents or other pests. if his unit is the only unit infested,
( c) Notwithstanding thc foregoing proyisions of this section, ';:hene','cr
infcstation is caused by the failure of the owner to maintain the dwelling in a ratproof or
reasonably insect proof oondition, the occupant is not responsible for extermination of
any insects, rodents or other pests therein.
1. O'l:ner responsibilities. The responsibilities of the owners of ull d',yellint; units
arc as follows:
October] 4. 2008
29
~ T' ,ont "":~2:~: ::",'ellif<g .. ...,__fer ecc"!'''')' ~ it "",ero
~,....
~=~;~~Z:~~;
~ previde-screeRS-4€l Be l=Lu.n-g-:
-- _ (:,t.:: ::: '~:~ if< twe (1\-er ",0'. -~ or .."'~). ....
~
;;;;;;;;;;., _) (b) Wb";,;I"""",,,, ."is~ ;. ........ 0' puO lie M'" of -\lip)' ....
~~::::::r::~~"t;:==~:'::t.
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October 14, 2008
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A, The "WHEREAS" clauses of Ordinance No. 09--11 are herer,\ ratified and
confirmed as being true and correct and are hereby made a special part ,,[rhi, ~ecticl!:
B. Definitlons, For the purposes of this section. the definitiom contained in the
State Housing Initiatives Partnership Act hereinafter "the Ac1." Sectiom 420.CJ0"7 et seg..
Florida Statutes. and Chapter 91-37 of the Florida Administrative Code. as amended from
time to time. are adopted herein by reference.
C. Legislative intent. The purpose of this chapter is to lmplement the Act:
including, without the limitation. the following:
1. To increase the availability of affordable housing by combming local
resources and cost saving measures, as applicable, and by using private and public
resources to reduce the cost of housing:
') To promote more compact urban development, and to assist in
achieving the growth management goals contained m the adopted local
comprehensive plan by allowing more efficient use of land so as to provide
housing units that are more affordable:
3. To establish a strong sense of community through increased social
and economic integration;
4, To build the organizational and technical capacity of community-
based organizations so as to optimize the role of community-based organizations
in the production of affordable housing:
5, To promote innovative design of eligible housing, and its supponing
infrastructure. to provide for cost savings in the provision of such housing: and
6. To promote expedited permit processing systems for affordable
housing.
D, Establishment of Local Housing Assistance Program.
1. There is hereby created and established a local housing assistance
program ("Program") by the City of Boynton Beach. to be implemented and
administered by the City.
') The City shall implement the Program. within the City. consistently
with the requirements of the Act
3. The City's Community Redevelopment Department shall be
responsible for administration of the local assistance program.
October 14. 200S
.J.)
E. 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.
F. Establishment of Affordable Housing Assistance Trust Fund.
l. 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
requirements of the Act and this section.
2. The City shall cause the Fund to be audited, and shall report the
results of such audit as required by the Act.
G. Creation of Citizens Advisory Committee. This section 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.
H. Adoption of the Affordable Housing Incentive Plan. The City will, within
one (1) year of adoption of Ordinance No. 97-11, adopt a Housing Incentive Plan as
required by Florida Statutes.
(Ord. No. 97-11, SS 1-8,5-6-97; Ord. No. 97-21, S 1,6-17-97)
ARTICLE IX. RESERVED SWIMMLl\TC POOLS .A~~D
SPAS
The swimming pool and spa code establishing basic oriteria for the design ana
construction of swimming pools and spas vlithin the city Vlas adopted and established as
the s',vimming pool and spa regulations of the oity on September 1, 19%, and is on file as
Ordinance No. 96 39 in the office of the city clerk and the offioe of the direotor of
do...e1opmcnt.
(Ord. No, 96 39, ~ 1, 9 1 96; Ord. No. 96 60, ~ 3, 1 21 97)
ARTICLE X. WORKFORCE HOUSING PROGRAM
Section 1. Findings.
A. The City Commission having conducted a housing needs assessment has
determined that there is a housing shortage within the city that is affordable to the
everyday working families and citizens of the city.
B. Florida Statutes S 166.04151 provides that a municipality may adopt and
maintain any ordinance that is adopted for the purpose of increasing: the supply of
October 14, 2008
34
workforce housmg usmg land use mechamsms nOl withstanding any other Dro,"lSlOn :n
law
C. The City Commission recogmzes that tl1ere IS a growmg gap berween
housing costs and v.'ages in the city,
D, The city has a legitimate public interest in preserving the character and
quality of neighborhoods which requires assuring the availability of workforce housing
for low and moderate income persons in the city,
E. The city recognizes that the need to provide workforce housing is critical to
mamtammg a diversified and sustainable city having the character and sense of
community where people can live and work in the same area,
F, The city is encouraging the production and availability of workforce housing
and at the same time is cognizant that escalating land costs and rapidly diminishing
amounts of land hinder the provision of sufficient workforce dwelling units by the private
sector.
(Ord. No. 07-007. ~ 2.4-3-07)
Setion 2. Defmitions.
A. Median Household Income (MHl). The Palm Beach County Median
Household Income, adjusted for family size, as published by the Department of Housing
and Urban Development (HUD),
B. Affordability controls, Restrictions placed on workforce housing units by
which the price of such units and/or the income of the purchaser or lessee will be
restricted in order to ensure that the units remain affordable to low and moderate income
households.
C. Affordability term, The time a workforce housing unit is required to remain
affordable to income qualified buyers or renters.
D, Boynton Beach Housing Trust. A trust created as a depository for in-lieu of
payments, donated land, or housing units for the purpose of providing workforce housing
units,
E, Cit1'. The City of Boynton Beach. Florida,
F. Deed restriction. Each workforce housing unit created under the program
shall be deed restricted for thirty (30) years. The deed restriction shall serve to resrrict the
sales or rental price andior the income of the purchaser or renter.
October 14. 2008
~ -
.)~
G. Development, A development at one (I) location which includes at least ten
(10) residential units for which site plan approval has been granted.
H. Eligible occupant. A person who qualifies for participation in the program
whose income does not exceed 120% of Median Household Income for Palm Beach
County as set by HUD Priority will be given to persons who have lived or worked within
the city limits of Boynton Beach continually for one (1) year immediately prior to the
date of application for a workforce housing unit.
1. First time home buyer. A person who has not held ownership in a residence
within the past three (3) years.
J. Income qualified household. A household whose income is verified to be
either low income or moderate income.
K.. Low income household. A household with a gross, combined income below
eighty percent (80%) of the Palm Beach County Annual Median Household Income as
defmed by HUD.
L. Moderate income household. A household with a gross, combined income
between eighty percent (80%) and 120% of the Palm Beach County Median Household
Income (as defmed by the Florida Housing Finance Corporation).
M. Restrictive covenant and agreement. The covenants that govern the initial
sale and rental and subsequent resale and releasing of workforce housing units created
under the Workforce Housing Program. The term of the restrictive covenant and
agreement is thirty (30) years.
N. Worliforce housing unit. A dwelling to be sold or leased to an individual or
family that is income qualified in which the rent or mortgage payments (including
principal, interest, taxes, insurance and homeowner association fees) does not exceed
thirty- five percent (35%) of the gross income of households that are classified as low or
moderate income households.
(Ord. No. 07-007, S 2,4-3-07)
Section 3. Applicability.
Except as otherwise provided in this article, these regulations shall apply to
development applications consistent with the following conditions:
A. Developments with a residential component for which any land use andlor a
zoning category permitting the density in excess of 10 dwelling units per acre is applied,
including the requests for planned development districts in cases where the desired Future
Land Use classification is already iJ! place and allows such densities;
October 14, 2008
36
B, l'. major modification of a development site plan if (] I the pre\')OUS approval
includes a density as described in condition A of this section: and (2 I such modification
proposes more housing units than previously approved: and (3 I the previous developmem
approval was granted after April 3. 200"': in such a case. these regulations \vill apply tl'
additional units onlv: and:
C. Developments whose previous approval was consistent with condition A of
this section and whose site plan has expired,
(Ord, No, 07-007. ~ 2.4-3-07; Ord, No, 08-004. ~ 2.3-4-081
Section 4. Provision of workforce housing units.
Developers may be entitled the requested higher density land use and zoning category if
providing workforce housing units as stated below. subject to the limits and requirements
of this chapter,
A, To be eligible for the requested higher density land use. the following
percentage of workforce housing units must be incorporated into the development:
1. High and Special High Density Residential - Twenty percent (20%)
of the total number of proposed residential units in the development shall be
designated as workforce housing units,
') Mixed-Use - Fifteen percent (15%) of the total number of proposed
residential units in the development shall be designated as workforce housing
units.
3. Mixed Use Core - Ten percent (10%) of the total number of proposed
residential units in the development shall be designated as workforce housing
units,
TABLE 1
LAND USE CLASSIFICATION ZONING DISTRICTS MAXIMUM DENSITY
High Density Residential PUD 10.8 dwelling units/acre
IPUD 10,8 dwelling units/ acre
Special High Residential (SHR) PUD 20 dwelling units/acre
IPUD 20 dwelling units/acre
Mixed Use-Core (MXC) Mixed Use-High 80 dwelling units/acre
Mixed Use (MX) Mixed Use Low-l 20 dwelling units/acre
Mixed Use Low-2 30 dwelling units/acre
Mixed Use Low-3 40 dwelling units/acre
,,- , ,,~ . - ~ ~_..
October] 4. 2008
37
B. Twenty-five percent (25%) of the total required workforce housing units
shall be set aside for low income households, Seventy-five percent (75%) of the total
required workforce housing units shall be set aside for moderate income households.
C. If the required number of workforce housing units results in a fractional
remainder greater than .50, the number shall be rounded up. If the required number of
workforce housing units results in a fractional number less than .50, the number shall be
rounded down.
D. The workforce housing units provided shall have the same percentage of
unit types as market rate units within the development unless a contrasting unit type is
intended to address particular needs existing within the community at the time of
approval and substantiated by written evidence such as related reports or data. If the
application involves a major modification of an existing development, only the additional
units are used in determining the required unit mix.
E. All units shall meet the requirements for unit size and construction as
specified in this chapter and meet all required Land Development Regulations and
applicable building codes.
F. At the time of application for land use classification amendment and
rezoning category change the project must be reviewed and signed off by the Community
Improvement Division of the city as part of the site plan approval process for compliance
with affordability guidelines and number of units qualifying as workforce.
G. The site plan shall clearly identify the location of workforce housing units.
Additionally, tabular data must be included on the site plan showing the address or unit
number, total number of units, number of bedrooms of workforce housing units and the
targeted income levels. This shall be included with the market rate data.
H. Workforce housing units shall include those units in a development, which
are regulated in terms of:
1. Initial sales price or rent levels; and
2. Subsequent resale prices or leasing rates.
1. If compliance with a land development standard would preclude construction
of a residential or mixed-use development in which workforce housing units are included,
pursuant to this chapter, the applicant may submit a proposal for waiver or reduction of
the development standard. The applicant shall show that the waiver or reduction of the
development standard is necessary to make the workforce housing units economically
feasible and that such a waiver will not compromise any of the city's life or safety
standards.
October 14. 2008
38
J, hior to the issuance of any building permIt. the restrictIve ~.(l\'enant and
agreement shall be recorded in the public records of Palm Beach Count:. The term c>fthe
restrictive covenant shall be thirty (30) years. A copy of the recorded covenant and
agreement shall be provided to the city prior to the issuance of the building permit.
(Ord, No. 07-007. ~ 2,4-3-07: Ord, No. 08-004, ~ 3. 3-4-08)
Section 5. Off-site options.
A, Developers are required to include workforce housing units in any
development in which Hil!h Densitv Residential. Special High Density Residential.
Mixed-Use or Mixed-Use Core land use is requested, However. in the case of
developments in which eighty percent (80%) of the residential unit sales prices will
exceed $500,000, paying a fee in lieu of creating the workforce housing units on site
donating land, purchasing and donating market rate units or building off site for the
required number of workforce housing units may be permitted at the recommendation of
the Community Improvement Department
B. In any case where off-site options are permitted, twenty-five percent (25%)
of the total required workforce housing units shall be built on-site of the subject
development
C. Off-site options are not applicable to rental developments, All required
workforce housing units must be constructed within the subject development
L Payment in-lieu. Contribute the per unit price listed in Table 1 below
to the Boynton Beach Housing Trust to be utilized to subsidize the creation of
workforce housing within the city, In-lieu of fees shall be paid in full prior to the
issuance of a building permit.
TABLE 2
PAYMENT IN LIEU FOR CREATL~G REQUIRED WORKFORCE HOUSING
'UNITS
(per unit required)
One Bedroom $60,000
Two Bedroom $80,000
Three+ Bedroom $100.000
') Donate land (buildable residential parcels) within the city limits to be
used for workforce housing. The value of the land shall equal or exceed the total
"in lieu of' fee for all required workforce units or shall be of sufficient size 10
develop the same number of required units. The value of the donated land must be
verified by a MAl appraisal no more than three (3) months old, The appraisal
October 14. 2008
39
shall be obtained by developer at developer's cost to verify the value of donated
land. The land shall be deeded to the city prior to the issuance of a fmal
Certificate of Occupancy for the development.
~ Off-site construction. The required workforce housing units may be
.). built off-site. All off-site workforce housing units shall comply with all sections
of this article. Building permits shall be issued for a minimum of fifty percent
(50%) of the required workforce housing units to be constructed off-site prior to
the issuance of the first Certificate of Occupancy in the subject development. All
off-site workforce housing units must receive a Certificate of Occupancy prior to
the issuance of more than seventy- five percent (75%) of the Certificate of
Occupancies in the subject development.
4. Purchase market rate units. Purchase an equivalent number of
existing market rate units to be deeded to the city or sold to eligible households.
Such units shall be deed restricted to comply with this article. The developer may
retain the title to off-site units subject to recordation of a city approved deed
restriction. A minimum of fifty percent (50%) of the units must be purchased and
deeded to the city or deed restricted prior to the issuance of the first Certificate of
Occupancy in the subject development. All workforce housing units shall be
purchased and deeded to the city or deed restricted prior to issuance of more than
seventy-five percent (75%) of the Certificate of Occupancies in the subject
development.
(Ord. No. 07-007, S 2,4-3-07)
Section 6. Rental housing units.
A. A restrictive covenant shall be recorded in the public records specifying the
income level served, rent levels, reporting requirement and all restrictions applicable to
the workforce housing units. All leases on workforce housing units shall contain
language incorporating the restrictive covenant applicable to the workforce housing units
and shall reference the recorded restrictive covenant. The restrictive covenant shall
remain in force for thirty (30) years.
B. Units targeted to low income households at fifty percent (50%) to the eighty
percent (80%) of the Palm Beach County median income, adjusted for family size shall
not have rental rates that exceed 100% of the HUD determined fair market rent for the
area.
C. Units targeted to moderate income households at eighty percent (80%) to the
120% of the Palm Beach County median income, adjusted for family size, shall not
exceed 100% of the BUD determined fair market rent for the area.
October 14, 2008
40
D. Tenant income qualification records shall be maintained on slle and a yearJ\
report shall be fOf\varded to the Community Improvement Division "f the ell'\ fc~
compliance determination,
lOrd, 1'0. 07-007. ~ 2.4-3-07)
Section 7. For sale housing units.
A, All deeds shall include the restrIctlVe covenant applicable to workforce
housing units, All sales contracts shall state that the unit is part of a workforce housing
program and subject to Article X, Chapter 20 of the Land Development Regulations of
the city, The restrictive covenant shall remain in force for thirty (30) years, The form of
deed for workforce housing units shall be approved by the City Attorney.
B, The restrictive covenants shall state that during the affordability term, the
resale of a workforce housing unit shall be subject to the following resale requirements,
l. All workforce housing unit owners shall notify the city immediately
that the unit is for sale. The city shall have first right of refusal to purchase the
unit. Upon receipt of notice that a valid offer has been made on the unit, the city
shall have fifteen (15) days to invoke its right of refusal to purchase the unites l.
') All workforce housing units are to be resold only to low or moderate
income qualified households at an attainable housing cost for each targeted
mcome range.
C. Purchasers of workforce housing units shall be required to occupy the unit.
D, Closing costs and title insurance shall be paid pursuant to the custom and
practice in Palm Beach County at the time of opening of escrow, No charges or fees shall
be imposed by the seller on the purchaser of a workforce housing unit which is in
addition to or more than charges imposed upon purchasers of market rate units. except for
administrative fees charged by the city/CR.-'\.., or their designee,
E. Sales prices for workforce housing units will be calculated on the basis of:
l. iill available fixed-rate thirty (30)-year mortgage, consistent with a
"blended rate" for Palm Beach County banks, and/or the Florida Housing Finance
Authority. A lower rate may be used in calculating workforce housing prices if
the developer can guarantee the availability of fixed-rate thirty (30 I-year
mortgage at this lower rate for all workforce housing units required for the
covered project:
') A down payment of no more than ten percent (lO~o) lincluding any
down payment assistance provided by SHIP or other sources} of the purchase
price: and
October 14. 2008
41
3. A calculation of property taxes; and
4. A calculation of homeowner insurance, mortgage insurance,
homeowner association fees, property management fees and other closing costs.
F. Compliance. Prior to request for [mal Certificate of Occupancy for the
development, the developer shall provide to the city's Community Improvement
Department, or designee, documentation sufficient to demonstrate compliance with the
workforce housing program. Such documentation shall include but is not limited to
information regarding the identity and income qualification documentation for all
occupants of the workforce housing units, proof of recordation of restrictive covenant in
approved form.
(Ord. No. 07-007, S 2,4-3-07)
Section 8. Resale requirements.
To maintain the availability of workforce housing units which may be constructed
or substantially rehabilitated pursuant to the requirements of this program, the following
resale conditions shall be imposed on the workforce housing units and included in the
deed and restrictive covenant recorded in the Public Records of Palm Beach County:
A. All workforce housing units constructed or substantially rehabilitated under
this program shall be situated within the development so as not to be in less desirable
locations than market-rate units in the development and shall, on average, be no less
accessible to public amenities, such as open space, as the market-rate units.
B. Workforce housing units within a development shall be integrated with the
rest of the development and shall be compatible in exterior design and appearance,
construction, and contain comparable HV AC systems as market rate units.
C. The developer shall provide workforce housing units that include unit types
in the same proportion as the market rate housing units unless a contrasting unit type is
intended to address particular needs existing within the community at the time of
approval and substantiated by written evidence such as related reports or data.
1. If the development contains a mix of different types of units, (e.g.
condominium, townhouse, detached, etc.), the proportion of workforce housing
units of each type to total workforce housing units must be approximately the
same as the proportion of market rate units of each type to total market rate units.
2. If the development includes both for sale and for rent units, the
proportion of for rent workforce housing units to for sale workforce housing units
must not exceed the proportion of for rent market rate units to for sale market rate
units.
October 14, 2008
42
- . The number of bedrooms per umt must be propomonate oetweelJ
workforce and market rate units.
4. If the application involves a maJor modification of an existing
development, only the additional units are used in determining the required unit
mIX,
D, The construction schedule for workforce housing units shall be consistent
with or precede the construction of market rate units.
E. There shall be no lot premiums charged on the workforce housing units,
F, All required workforce housing units shall be offered for sale or rent at an
attainable housing cost for each of the targeted income ranges.
G. The city, its successors and assigns may enforce the covenants, No
amendments to the restrictive covenant shall be made unless by written instrument
approved by the city,
(Ord, }.io, 07-007,92,4-3-07: Ord. No, 08-004, ~ 4,3-4-08)
Section 9. Monitoring and compliance.
A, Final approval conditions. Fina] conditions of approval shall specify that the
workforce housing units are sold to buyers whose income does not exceed 120% of
median household income for Palm Beach County as set by HUD, The conditions will
also specify the requirements for reponing to the city's Community Improvement
Division on buyer eligibility, housing prices, as well as any applicable requirement to
record the restrictive covenant or to enforce resale restrictions,
B. At the time of request for final Certificate of Occupancy for the
development, if the workforce housing units have not been sold to income qualified
persons, the developer shall deposit in the form of a surety bond, the amount equal to
I] 0% of the applicable "in lieu of' fee to the city's Housing Trust Fund, Upon
verification that the required number of workforce housing units have been sold to
income qualified persons, the surety will be released.
C. The city may enforce the requirements of this article through any cause of
action available at law or equity, including but not limited to seeking specific
performance, injunctive relief, rescission of any unauthorized sale or lease, during the
term of the restrictive covenant.
D. The Community Improvement Department shall submit an annual report to
the City Commissioners indicating the status of this article, including but not limited to
the number of units created, leased and sold.
October 14. 2008
43
(Ord. No. 07-007, S 2,4-3-07)
ARTICLE XIII. mSTORIC PRESERVATION
Section 1. Generally.
It is the intent of the city to encourage the preservation of historically significant
buildings within its corporate limits. All historic buildings other than single family and
duplex dwellings shall be reviewed for historical significance in all development and
construction proposals presented to the city. Preservation of such buildings will be
required unless it can be established by the applicant that preservation significantly
interferes with the reasonable use of the property.
(Ord. No. 96-60, S 4, 1-21-97)
Section 2. Waiver of technical requirements.
The provisions of the technical codes relating to the construction, alteration,
repair, enlargement, restoration, relocation or moving of buildings or structures shall not
be mandatory for existing buildings or structures identified and classified by the state or
local jurisdiction as Historic Buildings when such buildings or structures are judged by
the director of development to be safe and in the public interest of health, safety and
welfare regarding any proposed construction, alteration, repair, enlargement, restoration,
relocation or moving of buildings within fire districts.
I
(Ord. No. 96-60, S 2, 1-21-97)
Section 3. Design conformance.
Additions and/or modifications to historical buildings shall conform to the
architectural style of the original building.
(Ord. No. 96-60, S 2, 1-21-97)
S:\PlanninglZoning Code Update\LDR Rewrite\Part III\Ch 20 sans PMR.doc
October 14. 2008
44
Chapter 2(1
BUILDINGS. HOUSING AND CONSTRUCTION REGULATIONS
Anicle I. General
Artiele II, Reserved Electrioal Code
.Micle III, Reserved
.Miele IV, Reserved
.Micle V, Reserved Encr;:;y Efficiency Code
.Micle \'1. Reserved
.Miele VII. Flood Damage Prevention
.Miele VIII. Local Housing Assistance PrOfITam HOlism;
Article IX. Reserved Sv;imming Pools and Spas
,Miele X. Workforce Housing Program
,Mi el e Xl. Reserved
Aniele XII Reserved
Aniele XIII. Historic Preservation
ARTICLE I. IN GENERAL
Section 1. Penalties.
.A.ny person convicted of the violation of any of the terms or provisions of this chapter _._._._~_.~ -
I or any code or standards adopted hereby shall be subiect to the penalties,as pr()vided bYH -I Deleted: punished
Section 1-6 of the City of Bovnton Beach Code of Ordinances. If any person commences . - -.-----"---
any work on a building, structure, plumbing, mechanical or gas system before obtaining
the necessary permit, he shall be subject to a penalty of four (4) times the established -. ._----~--
permit fee. The ,Q!re_ct()r_()Q}e,,~l()p.IJ..1~~tlJ?ay _a!!()~_!1 wa~'Y~r_()fthep_e!1altyJee,.iI1~l1()le_ i Deleted: d
or in pan, when such waiver is supported bv the circumstances that applv to the specific 1 Deleted: d
instance of imposing a penalty fee. and does not violate the best interests of the city, --"--
I Section 2. .Reserved. Certificate of treatmeBt f-or termites. Deleted: Before any slab inspection
is performed by the development
depanment forthe continued construction
Before any slab inspection is performed by the development department for the of any improvements on any property in
continued construction of any improyementG on any property in the city, the owner of the city. the owner of said property or hi,
contractor shall furnish a certificate from
said property or his contractor shall furnish a eenificate from a city licenc.ed exterminator a city licensedextenninator that the soil
that the soil has been treated for termites, has been treated for termItes_
Formatted: Font: Bold
Section 3. Minimnm building and construction standards.
I A, The Florida Building Code 2004, Gas, Mechanical and Plumbing Codes,. 1 Formatted: Normal, Justified,
2004 Edition, and the ~OOS~ati()Ilal_ _El~~tric<ll c::ode in~lucling..fLltur~ ~di~iol1sorn Indent: First line: OS'
revisions as adopted by the city, are hereby adopted as the minimum Building Code for Deleted: 2002
the City of Boynton Beach.
October 14. 2008
1
I B. Chapter 1, Administration, as described in the Boynton Beach+-- ---- Formatted: Normal, Justified,
Amendments, and is incorporated herein in the Florida Building Code 2004, Gas, Indent: First line: 0 S
I Mechanical and Plumbing Codes, 2004 Edition, and the,200:; National Electrical Code: _ - i. Deleted: 2002 I
I c. The City of Boynton Beach Administrative Amendments to the 2004+------ Formatted: Normal. Justified,
Florida Building Code, Plumbing, Mechanical, Gas and ,2(I051'-J_a!i()J:l_l!-1J::lec_t:ri_cliL~~~~ _. . Indent: First line: OS I
are incorporated in this document and made a part hereof, copies shall be maintained on - - - i Deleted: 2002
file in the Office of the City Clerk and shall be available to the public.
D. All construction regulation fees as referenced or described in the above
codes are subject to amendment by resolution by the City Commission, Current fee
schedules shall be maintained on file in the Office of the City Clerk and shall be
available, without charge, to the public.
(Ord. No. 96-40, ~~ 1 - 3, 5, 9-4-96; Ord. No. 99-16, S 1 - 4,6-15-99; Ord. No. 02-047, ~
1,9-3-02; Ord. No. 05-063, ~ 2, 11-1-05; Ord. No. 06-084, S 2, 10-17-06)
Section 4. Fees.
A. I ~~~_~:~s~ssli\)le.!-1\r.~h.e _c. itvOfBo:'D~oIl. :B_e(tch Jor_th~_ _~_dIllini_~!~litigIla~d__- i Deleted: I
enforcement of the Florida Buildin~ Code and the Cinl of Bovnton Beach Administrative
Amendments to the Florida Bui1dinl! Code. pursuant to this Chapter and F.S.553.79.
553,80 & 166.222. shall be established bv the Cinr Commission bv resolution from time
to time.
Buildi1H!: Division permit fees shall be based upon the valuation of buildings and systems
and shall represent the total replacement value to include structural. electric. plumbing.
mechanical. interior finish. normal buildin~ related site work (excavation and backfill for
buildings ), architectural and desi!..'11 fees. overhead and profit: excluding only land value,
Building valuation shall be based upon bona fide executed construction contracts.
nromierarv builder documentation. or other nationallv recognized construction cost
analvsis service. which would include re~ional adiUf~tments. such as the most current
edition of RS Means ConstruCTion Estimatin~ Cost Data_
A revision to a oermit shall not he issued until the additjonal fee. if an\'. due to an
increase in estimated cost of the buildin~. electrical. plumbing. gas. mechanical.
Jandscanini! or site de\'elonment. has been paid.
^ Fees assessable by the City of Boynton Beach for the administration and
J. ~.
enforcement of the Florida Building Code and the City of Bo:.nfon Beach Administrative
Amendments to the Florida Building Code, pursuant to this Chapter and F.b. H 553.79,
553.80 and 166.222, shall be established by the City Commission by resolution from time
t'0 time.
Building Division permit fees shall be based upon the valuation of buildin;s and
systems and shall represen:t the total replacement 'Ialue to include struotural, electric,
October 14, 2008
2
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october \4.2008 3
Example: .^. 22,565 SquMC foot office building is issued a certificate of
occlipaBey in December of any gi'.'en year:
22,565 1,000 - 22.565
22.6 X $10.23 - $231.20
Interim services fee for this structure would be $231.20.
3. Proeedure. Except during the SuspensioR Period set forth above, the director
of development shall collect the interim services fee prior to the issuance of a certificate
of ocoupancy or eertificate of completioR by the de'.'elopment department.
1. Distribution. Exoept during the Suspension Period set foi1:h above, on a daily
basis, the de';elopment department shall promptly remit monies collected pursuant to this
seotion to the oity [fiance director.
5. Eligibility for municipal services. Exeept during the Suspoosion Period set
forth above, no improvement shall be eligible for municipal services unlcss an interim
servioes fee has been paid.
6. Creation of trust fund. The finance aireetor shall deposit all fuads eolleeted
into a non lapsing trust fund established and maintained by 1:I3.e eity. The use of sach
funds will bc restricted and limited to expellditures for public safety, physical
environment (public 'NOrIes administration costs), maintooanee md services for roads md
str-eets, health (animal eORn-ol), library and PMkt; and reoreation, which are assoeiated
with thc properties from which the funds WOi"e eolleeted, The city ffimager shall provide
thc City Commission with recomme:adations for expenditllres of these funds dming the
Em:n\ial budget process or from time to time as needed. Such cJcpenditures of funds shall
be limited to a peroentile of total fees collcetcd for eaoh of the services as identified
herein. The City Commission by resolution must apprO'lC all cJCpeBditures from said trust
fuBe upon determination that said CJcpenditures arc appropriate.
(Ord. No. 00-09, S 2,4-4-00; Ord. No. 05-069, S 2, 12-6-05; Ord. No. 08-002, S 2, 2-5-
08)
Section 5. Reserved. Accessibility by haBdieBpped.
All construction must conform with federal, stat-e and county aocessibility rules and
regulations including, but not limited to, the Florida Acoessibility Code, Jamia')' 1991
Edition. In addition, all interior doors in all dwelling units, Rotel rooms and motel rooms
011 first floor only or floors serviced by eleviltors shall have a minimum of twenty nine
(29) inches clear opening, (door of at least thirty two (32) inches in '.\'idth) "'lith the
exoeption of storage rooms and closets.
October 14, 2008
4
Section 6. Coastal building zone and code.
Tne coastal building zone for the city IS the land area from the seasona}- -~~._".."
A, Formatted: Norma:. j,:stlfl~r'
high-water line landward to a line one thousand five hundred (1.500 I feet landward from Indent: First line: ',c"
~..~----
the coastal construction control line as established pursuant to Section 161,053. Florida
Statutes, Development proj ects within this zone must utilize best management
construction techniques for natural resource protection and must confonn to the goals.
objectives and policies of the comprehensive plan of the ciry. Chapter B7. Coastal
Management.
B. The coastal construction code was adopted on August 19, 1986 and applies
I to all construction within the coastal building zone. and is mcorporated herein bv -"----~
reference. l.. copv.pnfile .aIld available for inspection in the offices of the city clerk and " Deleted: It
the director of development. i Deleted: is not set out at length herein
1 but is
---.--. ----------
COrd. No, 96-60. ~ 1. 1-21-97)
Section 7. Reserved. Soil tests.
\Vhere the bearin.; capacity of soil is not defmitely kno.,yn, the director of
development may require test or other adequate proof to establish permissible safe
bea:ring capacity, Tests shall be certified, signed aad sealed by a Florida registered
enginecr, and shall be submitted ',\'ith the buildin;; permit application.
(Ord. No, 96 60, ~ '1, 1 21 97)
Section 8. Reserved. Building security code,
^ Title, This section may be Imown and cited as "The City of Boynton Bcach
~ Jo..
Buildin.; Security Code" hereinafter refcrred to as the security code.
B. Rules of construction, For the purposes of administration and eflforcement of
this section, unless otherwise stated in this section. the following rules of construction
shall apply to the text:
1. In case of any difference of meaning or im.plication betNeell the tm:t of this
section and any caption, illustration, summary table or illustrative table. the te):t shall
control.
2, The y.'ord "shall" is always mandatory and not discretionary: the word "may"
. "
IS permlSSl\'e,
2, Words used in the present tense shall includc the future and \','ords used in the
singular number shall include the plural, and the plural singular. unless the conte):t
clearly indicates the contrary.
October] 4. 200S
5
1. The pm-ase "used for" includes "arranged fDr", "designed for", "maintained
for" or "oceupied [Dr."
5, The word "person" iBe1udes an individual, [l corporation, a partnership, an
incorporated association or any other similar legal entity.
6, Unless the coRte],t olearly indicates the eontrary, wfler-e a regulation involves
two (2) or more items, conditions, provisions or e"lents cmmeeted by the cOl'ljunction
"and", or "either. . .or," the conjunction shall be interpreted as follows:
a. ".^illd" indicates that all the oonneoted t-crms, oonditions, provisions or
events may applj' singly or in any oombination.
b. "Or" indioates that the eOB'flect-ed items, conditions, provisions or events
may apply sm;ly or in any combin&tion.
c. "Either. . . or" indicates that the connected items, oonditions, pro'iisions or
events shall apply singly, but not in oombination.
7. The 'liard "includes" shall limit a tenn to the specified eKample, but is
intended to extend its melanin; to all other instanoes or ciroumstanoes of like load or
charact-cr.
C. .^.dministration:
l. General. This code is remedial, and shall be construed to secure the beneficial
interests and purposes thereof which are health, safety lHld general welfare t:l:H-ough
miBimum building security stmH:iards established to make buildings less susceptible to
unlawful entry and more secure for those persons using said buildings. Strict complianoe
does not guarantee immunity from oriminal acti',ity, and the oity assumes no
responsibility nor liability for any loss or damage relating to security.
2. ;\pplicability, This oode applies to the construction, alteration, repair, change
of occupancy classification or relocation of every building or structure or any
appurtenanees oOlUlected or attaohed to such buildings or stmerures oceupied for
oommercial or residential purposes. .^~11 existing single family and multi family units and
commercial struotures shall have exterior identification/ffiiBIDering as set forth in
subsections E.l6 and F .13 of this section.
3, hinting buildings. Provisions set forth herein for building security are
recommended for all existing buildings but shull not be mandatory except as set forth in
subsection C.2,
1. Federal and state authority, This oode shall not be held to deprive any federal
or state a~oocy, or any applicable gO'lernm; body having jurisdiction, of any pO'.ver or
October] 4. 2008
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october 14. 2008
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October \4.2008
11
b. The staging area must be visible from an aocessible roadway to allo'.>;,
effective police patrol.
c. Lighting must be provided to allow complete '1isibility to the area.
d. Padlook all storage trailers aRd park withiR sta;in; area.
2. Items that must be discussed during a seourity survey '.r;ith the crime
prevention bureau:
a. The establishment aad progressive evaluation of a security b1:ldget.
b. The proper postiRg of the property.
c. The proper storage and marIOn; of machinery aad tools.
d. The methods of employee identification and active site security methods.
(Ord. No, 01 018, ~ 2, 1 704)
ARTICLE II. RESERVED. ELECTRICAL CODE
^ The National Electrical Code, 1999 Edition, together with the 1999 Boynton
J..Jo... Beaoh .^.mendmeats thereto, are hereby adopted as the uniform electrical code of the
ott'. Electrical permit f-ees shall be as provided in article I, Seotion 1 of this ohlii3ter.
B. The amendments to the National Eleotrical Code, 1996 Edition, said
amendments being attaohed to Ordinance No. 96 10, are hereby adopted and inoorporated
herein, and replaces Section 90 10, in the National Electrical Code, 1996 Edition.
C. All construction regulation fees as referenced or described in this code are
subject to amendment by resollition by the City Commission. Current f'0c schedules shall
be maintained on file in the Office of the City Clerk and shall be available, without
charge, to the public.
(Ord. No. 9610, SS 1, 2, 1, 5, 91 96; Ord. No. 00 15, ~ 1, 9 {} 00)
ARTICLE III. RESERVED
ARTICLE IV. RESERVED
ARTICLE V. RESERVED ENERCY EFFICIENCY
GGDE
ARTICLE VI. RESERVED
October 14. 2008
12
ARTICLE VII. FLOOD D.~MAGE PREVEl\'TlO!\
,.---~-- ~..._,~-----~._-
Section 1. Generally. Formatted: Normal, Justified
----~------- '._~'
I A. Statutof\' authorization, The Legislature of the State (If Florida has' Formatted: Norma", Justiflec,
inoent: First Ime: 0.::"
authorized J()'?~! go.v~TlJ!ll.etl~~L ~~its t()-,.~d.oR~.~egu.latlon.s. <ieslg!1ed to Rrcl!llo.te. the Jl.U~llC
health, safety and general welfare of its citizenry, Therefore. the City Conunission of Deleted: in Chapter 166 of Florida
Boynton Beach. Florida. does ordain as set out herein, Statutes deleg-3ted the responsibiliTY tl1
"_______u
B, Finding of fact,
I 1. The flood hazard areas of Boynton Beach, Florida, are subject t~ --_..----
I Formatted: Normal, Justified,
periodic inundation which results in loss of life and property; health and safety Indent: Left: 0.5"
hazards: disruption of commerce and governmental services; extraordinary public
expenditures for flood protection and relief; and impairment of the tax base: all of
which adversely affect the public health. safety and general welfare,
I '1 These flood losses are caused by the cumulative effect of obstructions.' ----
-, '1 Formatted: Normal, Justified,
in floodplains causing increases in flood heights and velocities. and by the : Indent: Left: 0.5"
occupancy in flood hazard areas by uses vulnerable to floods or hazardous to ~-- -
I other lands which are inadequately elevated, ,flood proofed or otherwise }>eleted: f1oodproof~d_ .
unprotected from flood damages.
I c. Purpose. It is the purpose of this article to promote the public health, safety".. Formatted: Normal, Justified,
and general welfare and to minimize public and private losses due to flood conditions in Indent: Fi,st line: 0.5"
_.~ - ....-
specific areas by provisions designed to:
I 1. Restrict or prohibit uses which are dangerous to health, safety and-... I Formatted: Normal, Justified,
property due to water or erosion hazards, or which result in damaging increases in ' Indent; Left: 0.5", First Ime: C.S"
---~~~
erosion or in flood heights or velocities:
I 2, Require that uses vulnerable to floods, including facilities which-" I Formatted: Normal, Justified,
serve such uses, be protected against flood damage at the time of initial ' Indent: left: OS, First ~:: 0:.5"
construction:
I 3. Control the alteration of natural floodplains, stream channels and' Formatted: Normal, JustifIed,
natural protective barriers which are involved in the acconunodation of flood Indent: left: 0.5", First line: OS
~-----,--"._~-
waters:
I 4, Control filling, grading, dredging and other development which may~ -..
Formatted: Normal, Justified,
increase erosion or flood damage; and. Indent: left: OS, First line: OS
\ Prevent or regulate the construction of flood barriers which will- -,-.------
5. ' Formatted: Normal, Justified,
unnaturally divert flood waters or which may increase flood hazards to other indent: left: 0.5", F,rst line: 0,::
---~-
lands,
OClOber 14. 2008
13
I D. Objectives. The objectives of this article are: . u, ...., Formatted: Normal, Justified,
Indent: First line: 0.5"
I 1. To protect human life and health; ..... 'i Formatted: Normal, Justified,
I Indent: Left: 0.5', First line: 0.5"
I 2. To minimize expenditure of public money for costly flood-control....... Formatted: Normal, Justified,
projects; Indent: Left: 0.5', First line: 0.5"
I 3. To minimize the need for rescue and relief efforts associated with... .... Formatted: Normal, Justified,
flooding and generally undertaken at the expense of the general public; Indent: Left: 0.5", First line: 0.5"
I 4. To minimize prolonged business interruptions; ... .... Formatted: Normal, Justified,
Indent: Left: 0.5", First line: 0.5"
I 5. To minimize damage to public facilities and utilities such as water-"'.'" Formatted: Normal, Justified, J
and gas mains, electric, telephone and sewer lines, streets and bridges located in ' Indent: Left: OS, First line: 0.5"
floodplains;
I 6. To help maintain a stable tax base by providing for the sound use and.". ..... Formatted: Normal, Justified,
development of flood-prone areas in such a manner as to minimize future flood- Indent: Left: 0.5', First line: 0.5"
blight areas; and,
I 7. To insure that potential homebuyers are notified that property is in a........ Formatted: Normal, Justified, I
flood area. ' Indent: Left: OS, First line: 0.5" ,
I E. Terms. Words or phrases used in this article shall have the meaning they-'.' ... Formatted: Normal, Justified,
have in common usage and to give this article its most reasonable application. Indent: First line: 0.5"
I Area of shallow flooding - a designated AO or VO zone on a community's flood......... Formatted: Normal, Justified,
insurance rate map (FIRM) with base flood depths from one (1) to three (3) feet where a I Indent: First line: 0.5"
clearly defmed channel does not exist, where the path of flooding is unpredictable and
indeterminate, and where velocity flow may be evident.
I Area of special flood hazard - land in the floodplain subject to a one (1) per cen!:"". "'1 Formatted: Normal, Justified,
or greater chance of flooding in any given year. Indent: First line: OS
I Base flood - a flood having a one (1) per cent chance of being ,eaualed or-....... Formatted: Normal, Justified,
exceeded in any given year. .. .............. . Indent: First line: 0.5" I
. ': Deleted: equalled
I Breakaway wall - a wall that is not part of the structural support of the buildin~.' .u. Formatted: Normal, Justified,
and is intended to collapse without causing damage to the elevated portion of the building Indent: First line: OS
or the foundation system.
I Coastal high hazard area - the area subject to high velocity waters caused by, but........f Formatted: Normal, Justified, 1
not limited to, hurricane wave wash or tsunamis. The area is designated in a FIRM as !Indent: First line: OS )
zone VI-30, VE or V.
October 14, 2008
14
~ --------~,-----
Flood or J700ding - a general and temporar~ Goodman of pamal,1r complete-- Formatted: Normal 'USTlf'e',
inundation of normally dry land areas from tile (werfiow of inland or tidal waters or the Tndent: FIrS: line:
.------.
unusual and rapid accumulation of runoff of surface waters from any source
I -"--'-"---"--"-"---'----- --~,-,_..-
Flood ha::.ard boundary map (FREA1; - an official map of a community issued by' Formatted: Normal, Justifier.,
the Federal Emergency Management Agency where the boundaries of the areas of special Indent: First line: C',C"
-_._--,--~-~
flood hazard have been defIned,
I Flood insurance rate map (FIRM) - an official map of a community on which the-- ~~,-_._.._"--
Formatted: Normal, Justified.
Federal Emergency Management Agency has delineated both the areas of special flood ! ] ndent: First line: C ,5"
hazard and the risk premium zones applicable to the community,
I Flood insurance study - the offIcial report provided by the Federal Emergency-' 1 Formatted: Normal, Justified,
Management Agency which contains flood profIles, flood boundary-floodway map and ' Indent: First line: c.:;"
-_.,-
water surface elevation of the base flood,
I Floodway - the channel of a watercourse and the adjacent land areas that must be- ..' i Formatted: Normal, Justified, ---.
reserved in order to discharge the base flood without cumulatively increasing the water ' Indent: First line: CS'
-. .-
surface elevation more than one (1 ) foot,
I Functionallv dependent facility - a facility which cannot be used for its intended-., Formatted: Normal, Justified,
purpose unless it is located or carried out in close proximity to water, such as a docking Indent: First line: C.5"
or port facility necessary for the loading and unloading of cargo or passengers.
shipbuilding, ship repair or seafood processing. The tenn does not include long-term
storage, manufacture, sales or service facilities,
I Mangrove stand - an assemblage of trees which contain one or more of the- -'-''',",.
Formatted: Normal, Justified,
following species: black mangrove, red mangrove, white mangrove and buttonwood. Indent: First line: 0.5"
Mean sea level - the average elevation of the sea for all stages of the tide, The--' , 1 Formatted: Normal, JustifIed,
term is synonymous with national geodetic vertical datum (NGVD). Indent: First line: 0.5"
I National geodetic vertical datum (l\1GT'D) - a vertical control used for establishing- ! Formatted: Normal, JustifIed,
varying elevations within the floodplain, Indent: First line: OS
I Nf:I1' construction - structures for which the "start of construction" commenced on-. . 'I Formatted: Normal, J~stiflec,
or after the effective date of this anicle, ! Indent: First line: 0,5"
I -----"..
Sand dunes - naturally occurring accumulations of sand in ridges or mounds. . i Formatted: Normal, Justified,
landward of the beach, Indent: FIrst line: 0.5"
I -----,- ~-
I F. Application. This article applies to all areas of special flood hazard within- " Formatted: Normal, Justiflec,
the jurisdiction of Boynton Beach. Florida, Those areas are identifIed by the Federal ' Indent: FI'st line: OS'
--- ----., ~
Emergency Management Agency in its Flood Insurance Rate Map (FIRM) 1201960001-
0005, dated September 30. 1982, and any revisions thereto are adopted by reference and
declared to be a part of this article.
October] 4. 200S
15
I G. Development permit. A development pemlit is .require~ prior_to th~ { Deleted: R
commencement of any development activities. Formatted: Normal, Justified,
Indent: First line: OS
I H. Compliance. No structure or land shall hereafter be located, extended,"'------ Formatted: Normal, Justified,
converted or structurally altered without full compliance with the terms of this article and Indent: First line: OS
other applicable regulations.
I I. Abrogation and greater restrictions. This article is not intended to repeal,..-------- Formatted: Normal, Justified,
abrogate or impair any existing easements, covenants or deed restrictions. However, Indent: First line: OS
where this article and another conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
I J. Interpretation. In the interpretation and application of this article all~-------- Formatted: Normal, Justified,
provisions shall be: Indent: First line: OS
I 1. Considered as minimum requirements; ~ - -- - - - Formatted: Normal, Justified,
Indent: Left: OS, First line: OS
I 2. Liberally construed in favor of the governing body; and ... - - - - - - - Formatted: Normal, Justified,
I Indent: Left: 0.5', First line: OS
I 3. Deemed neither to limit nor repeal any other powers granted undeI"'-------- Formatted: Normal, Justified,
state statutes. Indent: Left: OS, First line: 0.5'
I K. Warning and disclaimer. The degree of flood protection required by this...------- Formatted: Normal, Justified,
article is considered reasonable for regulatory purposes and is based on scientific and Indent: FIrst line: OS
engineering considerations. Larger floods can and will occur. Flood heights may be
increased by man-made or natural causes. This article does not imply that land outside
the areas of special flood hazard or uses permitted within such areas will be free from
flooding or flood damages. This article shall not create liability on the part of Boynton
Beach, Florida, or by any officer or employee thereof for any flood damages that result
from reliance on this article or any administrative decision lawfully made thereunder.
I L. Penalties for violation. Violation of the provisions of this article or failure to~ --- -- - Formatted: Normal, Justified,
comply with any of its requirements, including violation of conditions and safeguards Indent: First line: 0.5.
established in connection with grants of variance or special exceptions, shall constitute a
misdemeanor. Any person who violates this article or fails to comply with any of its
requirements shall, upon conviction thereof, be filled not more than five hundred dollars
($500.00) or imprisoned for not more than sixty (60) days, or both, and in addition shall
pay all costs and expenses involved in the case. Each day such violation continues shall
be considered a separate offense. Nothing herein contained shall prevent the City of
Boynton Beach from taking such other lawful action as is necessary to prevent or remedy
any violation.
I Section 2. Administration. ~-------( Formatted: Normal, Justified J
October 14, 2008
16
A. Administrator. The director of developmern 1~ hereb\ appoll1ted
administer and implement the provisions of this anicle
-----~--
B. Duties and responsibilities of the admimstrator Duties of the admmlstrator- Formatted: Normai. jusnh?c,
or his designee shall include. but not be limited to Inaen~: First Ime: ('."
'-'--
1. Review all development permits to assure that the permit- , Formatted: Normal, Justif!ec:.
requirements of this article have been satisfied. Indent: Left: C.5"r ~\rst line: D.!:"
--'~-'-- . -..-----."-.-- ~
i ') Advise permittee that additional federal or state permits may be--' Formatted: Norma!, justified,
required, and if specific federal or state permits are known. require that copies of Indent: Left: 0.5", First line: C.5"
---_._~-----_...
such permits be provided and maintained on file with the development permit.
I ~ Notify adjacent communities and the state department of community- -~-----,_.
.:J. ! Formatted: Norma!, Justified,
affairs prior to any alteration or relocation of a watercourse, and submit evidence Indent: Left: 0.5", First line: ('.5"
-.- -~----_._~-
of such notification to the Federal Emergency Management Agency.
I 4. Assure that maintenance is provided within the altered or relocated- Formatted: Norma!, Justified,
portion of said watercourse so that the flood-carrying capacity is not diminished. Indent: Left: 0.5", First Ime: 0.5"
I 5. Verify and record the actual elevation (in relation to mean sea level)- : Formatted: Norma!, Justified,
of the lowest floor (including basement) of all new or substantially improved : Indent: Left: OS', FI'st ime: 0.5"
strUctures, in accordance with paragraph C
I 6. Verify and record the actual elevation (in relation to mean sea level)- I Formatted: Normal, Justified,
I to which the new or substantially improved structures have been ,flood moorcd, in i Indent: Left: OS', First Ime: OS
accordance with paragraph C Deleted: tJoodproofed
I .... in coastal high hazard areas, certification shall be obtained from a- : Formatted: Normal, Justified,
I.
registered professional engineer or architect that the structure is securely anchored ' Indent: Left:: 0.5", First ime: 0 S
---------_.._-
to adequately anchored pilings or columns in order to withstand velocity waters
and hurricane wave wash.
8. in coastal high hazard areas, the administrator shall obtain. 1 Formatted: Norma~ Justified,
certification for the adequacy of breakaway walls in accordance with article VII. ' Inden~: Left: OS', ,-Irst Ime: OS'
.-------"'-"-.
Section 3.B.5.h.
! 9, When ,flood proofing is utili<:ed fo! a.p(inicularstrllctu!e,.the+ .. 1 Formatted: Normal, Justified,
administrator shall obtain certification from a registered professional engineer or Indent: Left: 0.5", First Ime: 0.5"
architect. Deleted: tJoodproofmg
I -.-- ~-~.~----
10. Where interpretation is needed as to the exact location of the--' ., Formatted: Normal, Justified,
boundaries of the areas of special flood hazard (for example, where there appears Indent: Left: OS', "irst line: OS'
----
to be a conflict between a mapped boundary and actual field conditions), the
administrator shall make the necessary interpretation. The person contesting the
October 14. 2008
1'7
location of the boundary shall be given a reasonable opportunity to appeal the
interpretation as provided in this article.
I 11. \Vhen base flood elevation data has not been provided in accordance------- -1 Formatted: Normal, Justified, I
with article VII, Section l.F, the administrator shall obtain, review and reasonably Indent: Left: 0.5", First line: 0.5"
utilize any base flood elevation data available from a federal, state or other
source, in order to administer the provisions of Section 3. The finished floor
elevation of all habitable snace in new construction. not located in a flood zone,
shall be elevated a minimum of twelve (12 I inches above the crovvn of an\'
adiacent road",av.
I 12. All records pertammg to the provisions of this article shall be----------1Formatted:Normal,Justified,
maintained in the department of development and shall be open for public Indent: Left: OS, First line: 0.5"
inspection.
I c. Permitting. Application for a permit shall be made to the development...-- ---- Formatted: Normal, Justified,
department prior to any development activities. Application shall include, but not be Indent: First line: 0.5"
limited to, the following plans in duplicate drawn to scale showing the nature, location,
dimensions and elevations of the area in question to be developed; existing or proposed
structures; fill; storage of materials; drainage facilitiesllocation. Specifically, the
following information is required:
I l. Elevation in relation to mean sea level of the proposed lowest floor+------ Formatted: Normal, Justified,
(including basement) of all structures. Indent: Left: OS, First line: 0.5"
I 2. Elevation in relation to mean sea level to which any non-residential...---- Formatted: Normal, Justified,
structure will be flood oroofed. lndent: Left: OS, First line: 0.5"
'[~.. - ..... ..----.-- --------- ~.._------~-.~----- -~------------~--------------_.._-._._-------- .1 Deleted: floodproofed I
I 3. Certification by a Florida registered engineer or architect that th~--------Formatted: Normal, Justified,
structure meets the,fl~Cld pr()of1n~_~riteI:~~_~_~j~!~_YII,_~~_~!iCJ.l1}~13:~:____ _'__________ Indent: .Left: 0.5', First line: 0.5"
.1 Deleted: floodproofmg I
I 4. Description of the extent to which any watercourse will be altered or+------ Formatted: Normal,Justified,
relocated as a result of proposed development. . Indent: Left: 0.5', First line: OS
I 5. A flood elevation or ,f1ClC:,d.. DrClo.fim!:.. ~e:!:tij1_c~~i_<?!_!,ll~~~_ .th~_ }.<?~~_st _~o_o~ - - - - - - -1 Formatted: Normal, Justified,
is completed, or in instances where the structure is subject to the regulations . Indent: Left: 0.5', First line: OS 1
applicable to coastal high hazard areas, after placement of the horizontal structural . .; Deleted: floodproofmg
members of the lowest floor. Within twenty-one (2l) calendar days of
I establishment of the lowest floor elevation, or ,flood nroofing. _ h _whatever 1 Deleted: floodproofmg I
construction means, or upon placement of the horizontal structural members of
the lowest floor, whichever is applicable, the permit holder shall submit to the
I development department a certification of the elevation of the lowest floor, p()od_ iDeleted: floodproofed
oroofed elevation, or the elevation of the lowest portion of the horizontal
structural members of the lowest floor, whichever is applicable, in relation to
mean sea level. Said certification shall be prepared by or under the direct
I supervision of a registered land surveyor or professional engineer. When ,flood . . i Deleted: floodproofing I
October 14, 2008
l8
:JfOUlllh2 is utilized. cenification shall be prepared ny or under the om,;:;
supervision of a professional engineer or architect. ."uJy work done within the
twenty-one-day calendar period and prior to submission of the certification shal;
be at the permit holder's risk. The development depanment shall re\'lCW the Hood
elevation survey data submitted. Deficiencies detected by such reVlew shall be
corrected by the permit holder immediately and prior TO continuation of the work.
Failure to submit the surveyor failure to make said corrections_ shall cause
issuance of a stop-work order for the project.
6. A survey of mangrove trees on site. . 1 Formatted: Normal, Justified,
i Indent: Left: 0.5", Firs: line: OS
D, Variance procedures/appeals, . . Formatted: Normal, justified,
Indent: First line: OS
! 1. The building board of adjustment and appeals shall hear and decide- ; Formatted: Normal, JustifIed,
appeals when it is alleged there is an error in any requirement, decision or i Indent: Left: 0.5", First line: OS
-----
determination made by the director of development in the enforcement or
administration of this article,
a. In passing upon such appeals, the building board of- - i Formatted: Normal, Justified,
adjustment and appeals shall consider all technical evaluations, all relevant ] Indent: Left: 1", First Ime: OS'
factors. all standards specified in other sections of this anicJe. and:
I (1) The danger that materials may be swept onto other" - i Formatted: Normal, Justified,
lands to the injury of others, ! Indent: Left: 1.5", First line: OS'
--~._-
I (2) The danger to life and property due to flooding or-- ' Formatted: Normal, justifIed,
erosion damage. Indent: Left: IS, First line: 0.5"
---"---------------
(3 ) The susceptibility of the proposed facility and its" i Formatted: Normal, justified,
contents to flood damage and the effect of such damage on the ! Indent: Left: IS, First line: 0.5"
-_._----~~~-----
individual owner.
I (4) The importance of the services provided by the- I Formatted: Normal, Justified, --
proposed facility to the community. i Indent: Left: 1.5", First line: OS
- ~_...~.__.
The necessity to the facility of a waterfront location." __..u
(5) Formatted: Normal, justified,
where applicable. Indent: Left: 1.5", First line: OS
_._--~----
I -----~_...
I (6) The availability of alternative locations. not subject- Formatted: Normal, Justified,
to flooding or erosion damage, for the proposed use. Indent: Left: 1.5", First line: C.5"
I (7) The compatibility of the proposed use with existing+ . j Formatted: Normal, justified,
I
and anticipated development. i Indent: Left: IS, First line: CS
-_._--~-.-
October] 4. 200S
19
I (8) The relationship of the proposed use to the----- ---- Formatted: Normal, Justified,
comprehensive plan and floodplain management program for that Indent: Left: 1.5', First line: 0.5'
area.
I (9) The safety of access to the property in times of flood+nu-- Formatted: Normal, Justified,
for ordinary and emergency vehicles, Indent: Left: 1.5', First line: 0.5'
I (10) The expected heights, velocity, duration, rate of rise---- - -- - Formatted: Normal, JustifIed,
and sediment transport of the flood waters and the effects of wave Indent: Left: 1.5", First line: 0.5"
action, if applicable, expected at the site.
I (ll) The costs of providing goveTnn1ental services...----n- Formatted: Normal, Justified,
during and after flood conditions including maintenance and repair Indent: Left: 1.5', First line: OS
of public utilities and facilities such as sewer, gas, electrical, and
water systems, and streets and bridges.
I b. Upon consideration of the factors listed above and th~----h- Formatted: Normal,Justified,
purposes of this article, the building board of adjustment and appeals may Indent: Left: 1', First line: 0.5"
attach such conditions to the granting of variances as it deems necessary to
further the purposes of this article.
I c. Variances shall not be issued within any designated floodway---------- Formatted: Normal,Justified,
if any increase in flood levels during the base flood discharge would Indent: Left: 1", First line: 0.5"
result.
2. The building board of adjustments and appeals shall hear and decide
requests for variances from the requirements of this article.
I a. Conditions for variances: Formatted: Normal, Justified,
Indent: Left: OS, First line: OS
I (1) Variances shall only be issued upon a determination that the--------u Formatted: Normal, Justified,
variance is the minimum necessary, considering the flood hazard, to afford Indent: Left: 1", First line: 0.5"
relief, and in the instance of a historical building, a determination that the
variance is the minimum necessary so as not to destroy the historic
character and design of the building.
I b. Variances shall only be issued upon: 0------- Formatted: Normal,Justified,
Indent: Left: 0.5', First line: OS
I (1) A showing of good and sufficient cause; +-- m. Formatted: Normal, Justified,
Indent: Left: 1", First line: 0.5'
I (2) A determination that failure to grant the variance would"'- -- - Formatted: Normal, Justified,
result in exceptional hardship to the applicant; and lndent: Left: 1", First line: OS'
I (3) A determination that the granting of a variance will not resulto--- --- Formatted: Normal, Justified,
in increased flood heights, additional threats to public safety, Indent: Left: 1", First line:O.S"
extraordinary public expense, create nuisance, cause fraud on or
October] 4, 2008
20
victImization of the publ1c. or conf11ct wlth existing i('ca] law~
ordinances.
'-. Any applicant to whom a variance lS granted shall be gl\'er.
written notice specifying the difference benveen the base flood elevation
and the elevation to which the structure is to be built and stating that the
cost of flood insurance will be commensurate with the increased risk
resulting from the reduced lowest floor elevation,
I 3. Any person aggrieved by the decision of the building board of.- - : Formatted: Normal, Justified,
adjustment and appeals or any taxpayer may appeal such decision to the circuit ' Indent: Left: OS', First line: 0.5"
coun as provided in Florida law.
4. Variances may be issued for the reconstruction, rehabilitation or
restoration of structures listed on the National Register of Historic Places or the
State Inventory of Historic Places without regard to the procedures set forth in the
remainder of this section.
5. The director of development shall maintain the records of all" -, Formatted: Normal, Justified,
appeal actions and report any variances to the Federal Emergency Management i Indent: Left: OS', First line: 0.5"
-~
Agency upon request.
I Section 3. Provisions for Flood Hazard Reduction. . 1 Formatted: Normal, Justified
I A, In General. In all areas of special flood hazard the following provisions are< - 1 Formatted: Normal, Justified,
required: Indent: First Ime: OS'
-...-" -----..-
1. All new construction and substantial improvements shall be
anchored to prevent flotation, collapse or lateral movement of the structure.
I ') Manufactured homes shall be anchored to prevent flotation,. - - - 1 Formatted: Normal, Justified, ~-'-~-
collapse or lateral movement. Methods of anchoring may include. but are not Indent: Left: OS', First line: OS'
limited to, use of over-the-top or frame ties to ground anchors. This standard
shall be in addition to and consistent with applicable state requirements for
resisting wind forces.
I ~ All new construction and substantial improvements shall b~ 1 Formatted: Normal, Justified,
,
constructed with materials and utility equipment resistant to flood damage. Indent: Left: OS', First line: OS'
t 4_ All construction substantial shall --~--
new or improvements b~ .1 Formatted: Normal, Justified,
constructed by methods and practices that minimize flood damage, ' Indent: Left: 0.5", First line: OS'
-~'-
I 5. Electrical, heating, ventilation. plumbing. air conditioning equipment..- Formatted: Normal, Justified,
I
and other service facilities shall be designed and/or located so as to prevent water Indent: Left: OS', First line: OS
_._-~-
from entering or accumulating within the components during conditions of
flooding.
October] 4. :W08
21
I 6. All new and replacement water supply systems shall be designed tO~n- ---. Formatted: Normal, Justified,
minimize or eliminate infiltration of flood waters into the system. Indent: Left: OS, First line: 0.5"
I 7. New and replacement sanitary sewage systems shall be designed to+-- --- Formatted: Normal, Justified,
minimize or eliminate infiltration of flood waters into the systems and discharges Indent: Left: OS, First line: 0.5"
from the systems into flood waters.
I 8. On-site waste disposal systems shall be located to avoid impairment+-- -n-1 Formatted: Normal, Justified,
to them or contamination from them during flooding. . Indent: Left: OS, First hne: 0.5"
I 9. Any alteration, repair, reconstruction or improvements to a structure--------j Formatted: Normal, Justified, 1
which are in compliance with the provision of this article, shall meet the Indent: Left: 0.5', First line: 0.5" J
requirements of "new construction" as contained in this article.
I B. Standards for areas of special flood hazard. In all areas of special flood+-- --- Formatted: Normal, Justified,
hazard where base flood elevation data has been provided as set forth in Article VII the Indent: First line: OS
following provisions are required:
I l. Residential construction. New construction or substantial+-- --- - Formatted: Normal, Justified,
improvement of any residential structure shall have the lowest floor, including Indent: Left: OS, Rrst line: 0.5'
basement, elevated to or above base flood elevation. Should solid foundation
perimeter walls be used to elevate a structure, openings sufficient to facilitate the
unimpeded movements of flood waters shall be provided in accordance with
standards of article ViI, Section 3 .B.3.
I 2. Non-residential construction. New construction or substantial...--n--- Formatted: Normal, Justified,
improvement of any commercial, industrial or other non-residential structure shall Indent: Left: OS, First line: OS
have the lowest floor, including basement, elevated to the level of the base flood
I elevation. Structures located in all A-zones may be,:floo~pr()ofediI1Ji.~~_'?r1?_eiI1g . i Deleted: floodproofed )
elevated provided that all areas of the structure below the required elevation are
watertight and with walls substantially impermeable to the passage of water and
with structural components having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy. A registered professional engineer
or architect shall certify that the standards of this subsection are satisfied. Such
certification shall be provided as set forth in Article VII, Section 2.C.3.
I 3. Elevated buildings. New construction or substantial improvements of+- ----- Formatted: Normal, Justified,
elevated buildings that include fully enclosed areas formed by foundation and Indent: Left: 0.5", First line: 0.5"
other exterior walls below the base flood elevation shall be designed to preclude
fmished living space and designed to allow for the entry and exit of floodwaters to
automatically equalize hydrostatic flood forces on exterior walls.
I (a) Designs for complying with this requirement must either b~------- Formatted: Normal, Justified,
certified by a professional engineer or architect or meet the following Indent: Left: 1", First line: 0.5'
minimum criteria:
October ]4, 2008
22
._~.- --'----.--
(], Provide a minimum of two 12) openings havmg 3' Formatted: Normal, !Js:!f!e:j
total net area of not less than one ( 11 square inch for every square Indent: Let'::: :.El', ,;:::'~st
--.------ --.--------...--
foot of enclosed area subject to flooding:
(2) The bottom of all openings shall be no higher than' .. -"'--'--' -_.~...__...
Formatted: Normal, Justiflec,
one (l ) foot above grade: and Indent: Left: ~..s", FIrst line: '~;.:'
----- --.-----
(3 ) Openings may be equipped with screens, louvers.' . _.__.~~ ~----_..
Formatted: Normal, Justified.
valves or other coverings or devices provided they permit the Indent: Left: 1.5", ;=,~st line: C.5"
....--... .------.---
automatic flow of floodwaters in both directions,
I (b) Electrical, plumbing and other utility connections ar~ - - ._---~--_..~--,-
, Formatted: Normal, Justified,
prohibited below the base flood elevation; Indent: Left: 1 ", FIrst Ime: 05'
..- -~ - .. - -------
I (c) Access to the enclosed area shall be the minimum necessal)'.d' .. .---_..
- 1 Formatted: Normal, JustifIed,
to allow for parking of vehicles (garage door) or limited storage of Indent: Left: 1", First line: 0.5"
maintenance equipment used in connection with the premises (standard
exterior door) or entry to the living area (stain:vay or elevator): and
I (d) The interior portion of such enclosed area shall not be- - . _. i Formatted: Normal, Justified,
partitioned or finished into separate rooms. ',Indent: Left: 1", First IIne:__~E_
I Floodways. The following provisions shall apply to floodways' ----_...-.-
4_ Formatted: Normal, Justified,
within areas of special flood hazard established hereinbefore: Indent: Left: 0.5", First Ime: OS
I (a) Prohibit encroachments including fill, new construction,.- : Formatted: Normal, Justified,
substantial improvements, and other development unless cenification : Indent: Left: 1", First lme: 0.5"
-~_...._._._.--- ---
(with supporting technical data) by a Florida registered engineer is
provided demonstrating that encroachments shall not result in any increase
in flood levels during occurrence of the base flood discharge.
I (b) If Paragraph BA.a is satisfied, all new construction and- ' Formatted: Normal, JustifIed,
substantial improvements shall comply \.vith all applicable flood hazard ' Indent: Left: 1", First line: OS
reduction provisions of Section 3.
I (c) Prohibit the placement of any manufactured homes (mobile- 1 Formatted: Normal, Justified,
homes) except in an existing manufactured home (mobile home) park or ' indent: Left: 1", First Ime: 0.5"
~.~._------
subdivision. A replacement manufactured home may be placed on a lot in
an existing manufactured home park or subdivision provided the
anchoring standards and elevation standards outlined hereinbefore are met.
I --~~----_..
5. Coastal high hazard area (V zones). Located \vithin the areas of'- 1 Formatted: Normal, Justified,
special flood hazard established herein are areas designated as coastal high hazard I Indent: Left: OS', First Ime: OS
areas. These areas have special flood hazards associated with wave wash:
therefore, the following provisions shall apply:
October 14_ 2008
')~
_J
I (a) All buildings or structures shall be located landward of th~ --- -----. Formatted: Normal, Justified,
reach of the mean high tide. [Indent: Left: 1", First line: OS
I (b) All buildings or structures shall be elevated so that the+------ Formatted: Normal, Justified,
lowest supporting member (excluding pilings or columns) is located no Indent: Left: 1", First line: OS
lower than the base flood elevation level, with all space below the lowest
supporting member open so as not to impede the flow of water. Open
lattice work or decorative screening may be permitted for aesthetic
purposes only and must be designed to wash away in the event of
abnormal wave action.
I (c) All buildings or structures shall be securely anchored on...------ Formatted: Normal, Justified, '1
pilings or columns. Indent: Left 1", First line: 0.5"
I (d) All pilings and columns and the attached structures shall be+-- ---- Formatted: Normal, Justified,
anchored to resist flotation, collapse, and lateral movement due to the Indent: Left: 1", First line: 0.5"
effect of wind and water loads acting simultaneously on all building
components. The anchoring and support system shall be designed with
wind and water loading values which equal or exceed the hundred-year
mean recurrence interval (one {l} percent annual chance flood).
I (e) A Florida registered engineer or architect shall certify that...- --'--1 Formatted: Normal, Justified,
the design, specifications and plans for construction are in compliance Indent: Left: 1", First line: 0.5"
with the provisions contained in paragraph B.5.b, c and d.
I (f) No fill shall be used as structural support. Non-compacted...------ Formatted: Normal, Justified,
ml may be used around the perimeter of a building for Indent: Left t", First line: OS
landscaping/aesthetic purposes provided the fill will wash out from storm
surge, (thereby rendering the building free of obstruction) prior to
generating excessive loading forces, ramping effects or wave deflection.
The development department shall revIew design plans for
landscaping/aesthetic flll only after the applicant has provided an analysis
by an engineer, architect and/or soil scientist, which demonstrates that the
following factors have been fully considered:
I (1) Particle composition of fill material does not have a.-p--- Formatted: Normal, Justified,
tendency for excessive natural compaction; and Indent: Left: 1.5", First line: 0.5"
I (2) Volume and distribution of fill will not cause wav~----pl Formatted: Normal, Justified,
deflection to adjacent properties; and Indent: Left: 1.5", First line: 0.5"
I (3) Slope of fill will not cause wave run-up or ramping. .. 00 - --- i Formatted: Normal, Justified,
Indent: Left: 1.5", First line: 0.5"
I (g) There shall be no alteration of sand dunes or mangrove+- __m Formatted: Normal, Justified,
stands which would increase potential flood damage. Indent: Left: 1", First line: 0.5"
October] 4, 2008
24
(h) Lattice work or decorative screemng shall DC' allowed beluw' ----_.__.,._-_._.._~------- -
Formatted: Norma:, .iu(.~r '~'ec
tbe base flood elevation provided they are not part of the structural suppon lnoent: L.ef::' : ", ;:!:s~
-....--.......----
of the building and are desit,'1led so as W breakaway, under abnormall~
high tides or \vave action. v,'ithout damage to the structural mtegriry of the
building on which they are to be used and provided the following design
specifications are met:
I (1) No solid walls shall be allowed: and --~-- -~--_._-
. - -, Formatted: Nonnal, JustifIed,
Indent: Left: 1.5", First Ime: 0.5"
I (2) Material shall consist of wood or mesh screening-- -, Formatted: Normal, JustIfied,
I
only. Indent: Left: 1.5", FIrst Ime: OS'
(i) If aesthetic lattice works or screening are utilized. such- , Formatted: Normal, JustifIed,
enclosed space shall not be used for human habitation. Indent: Left: 1", First line: OS'
~--'--'--"-~--
I (j) Prior to construction, plans for any structure that will hav~' i Formatted: Normal, Justified,
lattice work or decorative screening must be submitted to the development I Indent: Left: 1 ", FIrst Ime: OS'
department for review.
, (k) Prohibit the placement of manufactured homes (mobile-' I Formatted: Nonnal, Justified,
I
homes), except in an existing manufactured home (mobile home) park or ,_Indent: Left: 1", First lin:~ CS~~
subdivision. A replacement manufactured home may be placed on a lot in
an existing manufactured home park or subdivision provided the
anchoring and elevation standards of this chapter are met.
I (1) Any alteration, repair. reconstruction or improvement- - Formatted: Nonnal, Justified,
to a structure shall not enclose the space below the lowest floor Indent: Left: 1.5", First line: O.S"
-~--_.."
except for lattice work or decorative screening. as provided for in
paragraph B.6.h and i.
I C. Standards for areas of shallow flooding (AO zones). Located within the---' . ---....
I I Formatted: Nonnal, Justified.
areas of special flood hazard established in Section 1.F are areas designated as shallow i Indent: First line: OS'
flooding. These areas have special flood hazards associated with base flood depths of
one (1) to three (3) feet where a clearly defmed channel does not exist and where the path
of flooding is unpredictable and indeterminate: therefore. the following provisions apply:
(1) All new construction and substantial improvements of residential- '-.---
c Formatted: Normal, Justified,
structures shall have the lowest floor, including basement. elevated to the depth Indent: Left: OS', First line: 0.5"
-. -,-----
number specified on the flood insurance rate map, in feet. above the highest
adjacent grade. If no depth number is specified, the lowest floor, including
basement. shall be elevated at least 1\'10 (2) feet above the highest adjacent grade_
I All new construction and of nOTI-- ----
(2) substantial Improvements Formatted: Normal, Justified,
residential structures shall: : Indent: Left: OS'. First line: OS'
---.-. ~
October] 4. 2008
25
I (a) Have the lowest floor, including basement, elevated to th~-- m_ Formatted: Normal, Justified,
depth number specified on the flood insurance rate map, in feet, above the Indent: Left: 1", First line: 0.5"
highest adjacent grade. If no depth number is specified, the lowest floor,
including basement, shall be elevated at least two (2) feet above the
highest adjacent grade, or
I (b) Be completely ,flood tlroofed to or above that level so that...--n-- - Formatted: Normal, Justified,
any space below that level has watertight ~alls substantially imp-ei-IDeable- , Indent: Left: 1", First line: 0.5" ]
to the passage of water; structural components having the capability of '; Deleted: f1oodproofed
resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
I utility and sanitary facilities completely ,flood tJroof~9::pu______ ppm 00______ -j Deleted: f1oodproofed J
I D. Standards for subdivision proposals. +---~-- Formatted: Normal, Justified,
Indent: First line: 0.5"
I 1. All subdivision proposals shall be consistent with the need to"'- ----- Formatted: Normal, Justified,
minimize flood damage. Indent: Left: 0.5", First line: 0.5"
I 2. All subdivision proposals shall have public utilities and facilities such~ ------- Formatted: Normal, Justified,
as sewer, gas, electrical and water systems located and constructed to minimize Indent: Left: 0.5', First line: 0.5'
flood damage.
I 3. All subdivision proposals shall have adequate drainage provided to.-m-p Formatted: Normal, Justified,
reduce exposure to flood hazards. Indent: Left: 0.5', First line: 0.5"
I 4. Base flood elevation data shall be provided for subdivision proposals.----n- Formatted: Normal, Justified,
and other proposed development which contains more than fifty (50) lots or is Indent: Left: 0.5", First line: 0.5"
larger than five (5) acres.
I E. Standards for small streams. Where small streams exist, but where no bas~-pp-- Formatted: Normal, Justified,
flood data has been provided or where no floodways have been provided, the following Indent: First line: 0.5"
provisions apply:
I 1. No encroachments, including fill material or structures, shall b~p----- Formatted: Normal, Justified,
located within a distance of the stream bank equal to five (5) times the width of Indent: Left: 0.5", First line: 0.5"
the stream at the top of bank or twenty (20) feet on each side from top of bank,
whichever is greater unless certification by a Florida registered engineer is
provided demonstrating that such encroachments shall not result in any increase
in flood levels during the occurrence of the base flood discharge.
2. New construction or substantial improvements of structures shall be
I elevated or flood oroofed in accordance with elevations established in accordance : Deleted: f1oodproofed 1
- - - - - - - - - - - ~ - - "- - - - - - - - - " - - - -. - - -. -
with Section 2.B.l1.
ARTICLE VIII. LOCAL HOUSING ASSIST ANCE
PROGRAM HOUSING
October] 4, 2008
26
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1
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October 14. ].008
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October 14. 2008
32
A. The "WHEREAS" clauses of Ordinance \io. U9:.] j are hereb) ratified anc.:
confinned as being true and correct and are hereby made a special pan of this section
B. Definitions. For the purposes of this section_ 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 from
time to time. are adopted herein by reference.
C. Legislative intent The purpose of this chapter is to implement the Act:
including, without the limitation. the following:
l. 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:
') To promote more compact urban development and to assist m
achieving the growth management goals contained m the adopted local
comprehensive plan by allowing more efficient use of land so as to provide
housing units that are more affordable:
3. To establish a strong sense of community through increased social
and economic integration:
4. To build the organizational and technical capacity of community-
based organizations so as to optimize the role of community-based organizations
in the production of affordable housing;
5. To promote innovative design of eligible housing. and its supporting
infrastructure. to provide for cost savings in the provision of such housing; and
6. To promote expedited permit processing systems for affordable
housing.
D. Establishment of Local Housing Assistance Program.
l. There is hereby created and established a local housing assistance
program ("Program") by the City of Boynton Beach. to be implemented and
administered by the City.
., The City shall implement the Program. within the City. consistently
with the requirements of the Act.
., The City's Community Redevelopment Department shall be
.J. responsible for administration of the local assistance program.
October] 4. 2008
.J_"l
E. 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.
F. Establishment of Affordable Housing Assistance Trust Fund.
I. 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
requirements of the Act and this section.
2. The City shall cause the Fund to be audited, and shall report the
results of such audit as required by the Act.
G. Creation of Citizens Advisory Committee. This section 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.
H. Adoption of the Affordable Housing Incentive Plan. The City will, within
one (1) year of adoption of Ordinance No. 97-1l, adopt a Housing Incentive Plan as
required by Florida Statutes.
(Ord. No. 97-ll, ~S l-8, 5-6-97; Ord. No. 97-2l, S 1,6-17-97)
ARTICLE IX. RESERVED SWIMMINC POOLS .A-:1\Jl)
~
The swimming pool and spa code establishing basic eriteria for the design and
construction of s'/;imming pools and spas wi1:hH1 the city v;as adopted &Bd established as
the S'J:imming pool and spa regulations of the city on SepteB.Tber 1, 1996, aB.d is on file us
Ordinance No. 96 39 in the office of the city clerk and the office of the director of
development.
(Ord. No. 9639, ~ 1, 9 1 96; Ord. No. 9660, ~ 3, 1 21 97)
ARTICLE X. WORKFORCE HOUSING PROGRAM
Section 1. Findings.
A. The City Commission having conducted a housing needs assessment has
determined that there is a housing shortage within the city that is affordable to the
everyday working families and citizens of the city.
B. Florida Statutes S 166.04151 provides that a municipality may adopt and
maintain any ordinance that is adopted for the purpose of increasing the supply of
October 14, 2008
34
workforce housmg using land use mechanisms nOl withstanding any other proV!SW1"I
law.
C. The City Commission recognizes that there IS a growmg gap between
housing costs and wages in the city.
D. The city has a legitimate public interest in preserving the character and
quality of neighborhoods which requires assuring the availability of workforce housing
for low and moderate income persons in the city.
E. The city recognizes that the need to provide workforce housing is critical to
mamtammg a diversified and sustainable city having the character and sense of
community where people can live and work in the same area.
F. The city is encouraging the production and availability of workforce housing
and at the same time is cognizant that escalating land costs and rapidly diminishing
amounts of land hinder the provision of sufficient workforce dwelling units by the private
sector.
(Ord. No. 07-007, ~ 2,4-3-07)
Setion 2. Defmitions.
A. Median Household Income (MHI). The Palm Beach County Median
Household Income, adjusted for family size, as published by the Depanment of Housing
and Urban Development (HUD).
B. Affordability controls. Restrictions placed on workforce housing units by
which the price of such units and/or the income of the purchaser or lessee will be
restricted in order to ensure that the units remain affordable to low and moderate income
households.
C. Affordability term. The time a workforce housing unit is required to remain
affordable to income qualified buyers or renters.
D. Boynton Beach Housing Trust. A trust created as a depository for in-lieu of
payments, donated land, or housing units for the purpose of providing workforce housing
units.
E. Cin'. The City of Boynton Beach. Florida.
F. Deed restriction. Each workforce housing unit created under the program
shall be deed restricted for thirty (30) years. The deed restriction shall serve to restrict the
sales or rental price and/or the income of the purchaser or renter.
October 14. 2008
35
G. Development. A development at one (1) location which includes at least ten
(lO) residential units for which site plan approval has been granted.
H. Eligible occupant. A person who qualifies for participation in the program
whose income does not exceed 120% of Median Household Income for Palm Beach
County as set by HUD Priority will be given to persons who have lived or worked within
the city limits of Boynton Beach continually for one (l) year immediately prior to the
date of application for a workforce housing unit
1. First time home buyer. A person who has not held ownership in a residence
within the past three (3) years.
J. Income qualified household. A household whose income is verified to be
either low income or moderate income.
K. Low income household. A household with a gross, combined income below
eighty percent (80%) of the Palm Beach County Annual Median Household Income as
defined by HUD.
L. Moderate income household. A household with a gross, combined income
between eighty percent (80%) and 120% of the Palm Beach County Median Household
Income (as defmed by the Florida Housing Finance Corporation).
M. Restrictive covenant and agreement. The covenants that govern the initial
sale and rental and subsequent resale and releasing of workforce housing units created
under the Workforce Housing Program. The term of the restrictive covenant and
agreement is thirty (30) years.
N. Worliforce housing unit. A dwelling to be sold or leased to an individual or
family that is income qualified in which the rent or mortgage payments (including
principal, interest, taxes, insurance and homeowner association fees) does not exceed
thirty- five percent (35%) of the gross income of households that are classified as low or
moderate income households.
(Ord. No. 07-007, S 2,4-3-07)
Section 3. Applicability.
Except as otherwise provided in this article, these regulations shall apply to
development applications consistent with the following conditions:
A. Developments with a residential component for which any land use and/or a
zoning category permitting the density in excess of lO dwelling units per acre is applied,
including the requests for planned development districts in cases where the desired Future
Land Use classification is already iI! place and allows such densities;
October 14, 2008
36
B. A maJor modification of a development SIte plan If!] I the prevlllus appro\ ,1.
mcludes a densiry as described in condition A of this section: and (2) such modificatio!:
proposes more housing units than previously approved: and! 3) the prevIOUS developmen1
approval was granted after April 3. 200;: in such a case. these regulations wi]] apply [,'
additional units only: and:
C. Developments whose previous approval was consistent with condition A of
this section and whose site plan has expired_
(Ord. No. 07-007. ~ 2.4-3-07; Ord. No. 08-004. ~ 2. 3-4-081
Section 4. Provision of workforce housing units.
Developers may be entitled the requested higher density land use and zoning category if
providing workforce housing units as stated below. subject to the limits and requirements
of this chapter.
A. To be eligible for the requested higher density land use. the following
percentage of workforce housing units must be incorporated into the development:
l. High and Special High Density Residential - Twenty percent (20%)
of the total number of proposed residential units in the development shall be
designated as workforce housing units.
') Mixed-Use - Fifteen percent (l5~o) of the total number of proposed
residential units in the development shall be designated as workforce housing
units.
3. Mixed Use Core - Ten percent (10%) of the total number of proposed
residential units in the development shall be designated as workforce housing
units.
TABLE 1
LAND USE CLASSIFICATION ZONING DISTRICTS MAXIMUM DENSITY
High Density Residential PUD 10_8 dwelling units/acre
IPUD 10.8 dwelling units/acre
Special High Residential (SHR) PUD 20 dwelling units/acre
IPUD 20 dwelling units/acre
Mixed Use-Core (MXC) Mixed Use-High 80 dwelling units/acre
Mixed Use (MX) Mixed Use Lov,'-l 20 dwelling units/acre
Mixed Use Low-2 30 dwelling units/acre
Mixed Use Low-3 40 dwelling units/acre
--_. _..--. -"." _u', -_..... ~.~.~.,' _.
Ocrober ]4. 200S
~...,
_"l .'
B. Twenty-five percent (25%) of the total required workforce housing units
shall be set aside for low income households. Seventy-five percent (75%) of the total
required workforce housing units shall be set aside for moderate income households.
C. If the required number of workforce housing units results in a fractional
remainder greater than .50, the number shall be rounded up. If the required number of
workforce housing units results in a fractional number less than .50, the number shall be
rounded down.
D. The workforce housing units provided shall have the same percentage of
unit types as market rate units within the development unless a contrasting unit type is
intended to address particular needs existing within the community at the time of
approval and substantiated by written evidence such as related reports or data. If the
application involves a major modification of an existing development, only the additional
units are used in determining the required unit mix.
E. All units shall meet the requirements for unit size and construction as
specified in this chapter and meet all required Land Development Regulations and
applicable building codes.
F. At the time of application for land use classification amendment and
rezoning category change the project must be reviewed and signed off by the Community
Improvement Division of the city as part of the site plan approval process for compliance
with affordability guidelines and number of units qualifying as workforce.
G. The site plan shall clearly identify the location of workforce housing units.
Additionally, tabular data must be included on the site plan showing the address or unit
number, total number of units, number of bedrooms of workforce housing units and the
targeted income levels. This shall be included with the market rate data.
H. Workforce housing units shall include those units in a development, which
are regulated in terms of:
l. Initial sales price or rent levels; and
2. Subsequent resale prices or leasing rates.
1. If compliance with a land development standard would preclude construction
of a residential or mixed-use development in which workforce housing units are included,
pursuant to this chapter, the applicant may submit a proposal for waiver or reduction of
the development standard. The applicant shall show that the waiver or reduction of the
development standard is necessary to make the workforce housing units economically
feasible and that such a waiver will not compromise any of the city's life or safety
standards.
October ]4, 2008
38
.1. Prior tc, the issuance of any building pemllt. the restnctJ\e i~('\'enalll '-tIlei
agreement shall be recorded in the public records of Palm Beach Coun!:' The term of the
restrictive covenant shall be thiny (30) years. A copy of the recorded covenant and
agreement shall be provided to the city prior to the issuance of the building pem11t
(Ord. Ko. 07 -007. ~ 2. 4-3-07: Ord. "1\Jo. OX-004. ~ ~. 3-4-01i)
Section 5. Off-site options.
A. Developers are required to include workforce housing units in any
development in which HiS!h Densitv Residential. Special High Density Residential.
Mixed-Use or Mixed-Use Core land use is requested. However, in the case of
developments in which eighty percent (80%) of the residential unit sales prices will
exceed $500.000, paying a fee in lieu of creating the workforce housing units on site
donating land. purchasing and donating market rate units or building off site for the
required number of workforce housmg units may be permitted at the recommendation of
the Community Improvement Depanment.
B. In any case where off-site options are permitted, twenty-five percent (25~;J)
of the total required workforce housing units shall be built on-site of the subject
development.
C. Off-site options are not applicable to rental developments, All required
workforce housing units must be constructed within the subject development.
l. Payment in-lieu. Contribute the per unit price listed in Table 1 below
to the Boynton Beach Housing Trust to be utilized to subsidize the creation of
workforce housing within the city. In-lieu of fees shall be paid in full prior to the
issuance of a buildmg permit.
TABLE 2
PAYMENT Ll\I LIEU FOR CREATING REQUIRED WORKFORCE HOUSING
UNITS
(per unit required)
One Bedroom $60.000
Two Bedroom $80,000
Three+ Bedroom $100.000
'") Donate land (buildable residential parcels) within the city limits to be
used for workforce housing. The value of the land shall equal or exceed the total
"in lieu of' fee for all required workforce units or shall be of sufficient size to
develop the same number of required units. The value of the donated land must be
verified by a MAl appraisal no more than three (3) months old_ The appraisal
October 14. 2001\
39
shall be obtained by developer at developer's cost to verify the value of donated
land. The land shall be deeded to the city prior to the issuance of a fmal
Certificate of Occupancy for the development.
3. Off-site construction. The required workforce housing units may be
built off-site. All off-site workforce housing units shall comply with all sections
of this article. Building permits shall be issued for a minimum of fifty percent
(50%) of the required workforce housing units to be constructed off-site prior to
the issuance of the first Certificate of Occupancy in the subject development. All
off-site workforce housing units must receive a Certificate of Occupancy prior to
the issuance of more than seventy- five percent (75%) of the Certificate of
Occupancies in the subject development.
4. Purchase market rate units. Purchase an equivalent number of
existing market rate units to be deeded to the city or sold to eligible households.
Such units shall be deed restricted to comply with this article. The developer may
retain the title to off-site units subject to recordation of a city approved deed
restriction. A minimum of fifty percent (50%) of the units must be purchased and
deeded to the city or deed restricted prior to the issuance of the first Certificate of
Occupancy in the subject development. All workforce housing units shall be
purchased and deeded to the city or deed restricted prior to issuance of more than
seventy-five percent (75%) of the Certificate of Occupancies in the subject
development.
(Ord. No. 07-007, ~ 2, 4-3-07)
Section 6. Rental housing units.
A. A restrictive covenant shall be recorded in the public records specifying the
income level served, rent levels, reporting requirement and all restrictions applicable to
the workforce housing units. All leases on workforce housing units shall contain
language incorporating the restrictive covenant applicable to the workforce housing units
and shall reference the recorded restrictive covenant. The restrictive covenant shall
remain in force for thirty (30) years.
B. Units targeted to low income households at fifty percent (50%) to the eighty
percent (80%) of the Palm Beach County median income, adjusted for family size shall
not have rental rates that exceed 100% of the HUD determined fair market rent for the
area.
C. Units targeted to moderate mcome households at eighty percent (80%) to the
l20% of the Palm Beach County median mcome, adjusted for family size, shall not
exceed 100% of the BUD determined fair market rent for the area.
October] 4. 2008
40
D, Tenant mcome qualification records shall he mamwined on slle and a yearl:-
report shall be forwarded w the Community Improvement Division of the cip, i~1 'I"
compliance determination.
(Ord. No. 07-007. 0 2.4-3-071
Section 7. For sale housing units.
A. All deeds shall include the restrictive covenant applicable to workforce
housing units. All sales contracts shall slate that the unit is part of a workforce housing
program and subject to Article X, Chapter 20 of the Land Development Regulations of
the city. The restrictive covenant shall remain in force for thirty (30) years. The form of
deed for workforce housing units shall be approved by the City Attorney.
B. The restrictive covenants shall state that during the affordability term. the
resale of a workforce housing unit shall be subject to the following resale requirements.
l. All workforce housing unit owners shall notify the city immediately
that the unit is for sale_ The city shall have first right of refusal to purchase the
unit. Upon receipt of notice that a valid offer has been made on the unit, the city
shall have fifteen (15) days to invoke its right of refusal to purchase the unit(s).
1 All workforce housing units are to be resold only to low or moderate
income qualified households at an attainable housing cost for each targeted
mCome range,
C. Purchasers of workforce housing units shall be required to occupy the unit.
D. Closing costs and title insurance shall be paid pursuant to the custom and
practice in Palm Beach County at the time of opening of escrow. No charges or fees shall
be imposed by the seller on the purchaser of a workforce housing unit which is in
addition to or more than charges imposed upon purchasers of market rate units. except for
administrative fees charged by the city/CRA, or their designee.
E. Sales prices for workforce housing units will be calculated on the basis of:
l. An available fixed-rate thirty (30)-year mortgage, consistent with a
"blended rate" for Palm Beach County banks. and/or the Florida Housing Finance
Authority. A lower rate may be used in calculating workforce housing prices if
the developer can guarantee the availability of fixed-rate thirty DO)-year
mortgage at this lower rate for all workforce housing units required for the
covered proj ect:
1 A down payment of no more than ten percent (10%) (including any
down payment assistance provided by SHIP or other sources) of the purchase
price: and
October I4. 2008
41
3. A calculation of property taxes; and
4. A calculation of homeowner insurance, mortgage insurance,
homeowner association fees, property management fees and other closing costs.
F. Compliance. Prior to request for fmal Certificate of Occupancy for the
development, the developer shall provide to the city's Community Improvement
Department, or designee, documentation sufficient to demonstrate compliance with the
workforce housing program. Such documentation shall include but is not limited to
information regarding the identity and income qualification documentation for all
occupants of the workforce housing units, proof of recordation of restrictive covenant in
approved form.
(Ord. No. 07-007, ~ 2,4-3-07)
Section 8. Resale requirements.
To maintain the availability of workforce housing units which may be constructed
or substantially rehabilitated pursuant to the requirements of this program, the following
resale conditions shall be imposed on the workforce housing units and included in the
deed and restrictive covenant recorded in the Public Records of Palm Beach County:
A. All workforce housing units constructed or substantially rehabilitated under
this program shall be situated within the development so as not to be in less desirable
locations than market-rate units in the development and shall, on average, be no less
accessible to public amenities, such as open space, as the market-rate units.
B. Workforce housing units within a development shall be integrated with the
rest of the development and shall be compatible in exterior design and appearance,
construction, and contain comparable HV AC systems as market rate units.
C. The developer shall provide workforce housing units that include unit types
in the same proportion as the market rate housing units unless a contrasting unit type is
intended to address particular needs existing within the community at the time of
approval and substantiated by written evidence such as related reports or data.
l. If the development contains a mix of different types of units, (e.g.
condominium, townhouse, detached, etc.), the proportion of workforce housing
units of each type to total workforce housing units must be approximately the
same as the proportion of market rate units of each type to total market rate units.
2. If the development includes both for sale and for rent units, the
proportion of for rent workforce housing units to for sale workforce housing units
must not exceed the proportion of for rent market rate units to for sale market rate
unit!':_
October 14, 2008
42
, rhe number of bedrooms per umt mUST be proponJonate bctween
workforce and market rate units_
4. If the application involves a major modification of an existing
development. only the additional units are used in determining the required UnIt
IDlX.
D. The construction schedule for workforce housing units shall be consistent
with or precede the construction of market rate units.
E. There shall be no lot premiums charged on the workforce housing units.
F. All required workforce housing units shall be offered for sale or rent at an
attainable housing cost for each of the targeted income ranges.
G. The city, its successors and assigns may enforce the covenants. No
amendments to the restrictive covenant shall be made unless by written instrument
approved by the city.
(Ord. No. 07-007, ~ 2, 4-3-07: Ord. No. 08-004. ~ 4,3-4-08)
Section 9. Monitoring and compliance.
A. Final approval conditions. Final conditions of approval shall specify that the
workforce housing units are sold to buyers whose income does not exceed 120% of
median household income for Palm Beach County as set by HUD. The conditions will
also specify the requirements for reporting to the city's Community Improvement
Division on buyer eligibility. housing prices, as well as any applicable requirement to
record the restrictive covenant or to enforce resale restrictions.
B. At the time of request for fmal Cenificate of Occupancy for the
development, if the workforce housing units have not been sold to income qualified
persons, the developer shall deposit in the form of a surety bond, the amount equal to
llO% of the applicable "in lieu of' fee to the city's Housing Trust Fund. Upon
verification that the required number of workforce housing units have been sold to
income qualified persons, the surety will be released.
C. The city may enforce the requirements of this article through any cause of
action available at law or equity, including but not limited to seeking specific
performance, injunctive relief, rescission of any unauthorized sale or lease. during the
term of the restrictive covenant.
D. The Community Improvement Department shall submit an annual repon to
the City Commissioners indicating the status of this anicle. including but not limited to
the number of units created, leased and sold.
October ]4. 2008
43
(Ord. No. 07-007, ~ 2,4-3-07)
ARTICLE XIII. HISTORIC PRESERVATION
Section 1. Generally.
It is the intent of the city to encourage the preservation of historically significant
buildings within its corporate limits. All historic buildings other than single family and
duplex dwellings shall be reviewed for historical significance in all development and
construction proposals presented to the city. Preservation of such buildings will be
required unless it can be established by the applicant that preservation significantly
interferes with the reasonable use of the property.
(Ord. No. 96-60, S 4, 1-2l-97)
Section 2. \" aiver of technical requirements.
The provisions of the technical codes relating to the construction, alteration,
repair, enlargement, restoration, relocation or moving of buildings or structures shall not
be mandatory for existing buildings or structures identified and classified by the state or
local jurisdiction as Historic Buildings when such buildings or structures are judged by
the director of development to be safe and in the public interest of health, safety and
welfare regarding any proposed construction, alteration, repair, enlargement, restoration,
relocation or moving ofbuildings within fire districts.
(Ord. No. 96-60, S 2, l-2l-97)
Section 3. Design conformance.
Additions and/or modifications to historical buildings shall conform to the
architectural style of the original building.
(Ord. No. 96-60, S 2,1-21-97)
S :\P1anning\Zoning Code Update\LDR Rewrite\Part IlI\Ch 20 sans PMR.doc
October 14. 2008
44
XII. - LEGAL - 1st Reading
ITEM C.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlYl
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
o August 19,2008 August 4, 2008 (Noon) o October 21. 2008 October 6. 2008 (Noon)
o September 2. 2008 August 18,2008 (Noon) o November 5, 2008 October 20, 2008 (Noon)
o September] 6, 2008 September 2, 2008 (Noon) o November 18, 2008 November 3,2008 (Noon) n
0 ~ -.-I
CO =t-<
o October 7, 2008 September 15,2008 (Noon) [g] December 2, 2008 November 17, 2008 (N~ -<'0
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0 Announcements/Presentations City Manager's Report ~'
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NATURE OF Administrative New Business :z: 0
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AGENDA ITEM 0 Consent Agenda [g] Legal - ~
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0 Code Compliance & Legal Settlements 0 Unfinished Business W ~l:>
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0 Public Hearing 0 ::J:
RECOMMENDATION: Motion to approve an ordinance creating Chapter 14.5 of the Code of
Ordinances to be called the "Boynton Beach Dangerous Intersection Safety Act" establishing an
enforcement program within the city authorizing the city to permit and implement the use of unmanned
cameras/monitoring devices for red light infractions.
EXPLANATION: According to the Insurance Institute for Highway Safety, 22 percent of all
traffic accidents in the United States are caused by drivers running red lights. Our experience here in
Boynton Beach would support the fact that intersections are frequently the scene of serious traffic
crashes and that many of these are due to drivers failing to obey the automated traffic control devices
(traffic lights). In an effort to combat this problem, approximately 200 cites nationwide have installed
some sort of automated traffic enforcement devices at intersections that exhibit a high incidence of
traffic crashes. The automated devices known as "red light cameras" are used to detect red light runners
and collect photographic evidence of the infraction. In a typical system, digital cameras are positioned at
the corners of an intersection on poles a few yards high. The cameras point inward so they can
photograph cars driving through the intersection. Generally, a red-light system has cameras at all four
corners of an intersection in order to photograph cars going in difference directions and to get
photographs at difference angles. Each camera is controlled by a sensor that detects when the light turns
red and when a vehicle has passed the red light. These vehicles are then photographed from several
angles showing the tag number, the vehicle and the driver. There are a number of vendors who supply
this system and each works essentially in the same fashion. The vendor collects the photographic
evidence of the infractions and then sends the photographs to the local police department. A police
officer is then required to review the photographs and make a determination if in fact a violation
occurred. The police department then returns the photos to the vendor with a determination of violation
for each occurrence. The vendor then sends out a notice to the registered owner of the vehicle
demanding payment of a pre-determined fine. The transfer of photos from the cameras to the vendor and
then to the police department is accomplished via the use of a secured web site set up by the vendor.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORMDOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
The vendor takes a portion of the fine as payment for the installation and maintenance of the system and
then gives the city the remainder (Exhibit "f"" in the attached sample contract shows a typical fee
schedule I.
The Florida legislature has yet to adopt any legislation relating to red light camera enforcement
programs. Consequently, a program of this nature will derive its authorization from F.S.S. 316.00~
which grants municipalities the authority to regulate and monitor traffic by means of police officers and
security devices. The attorney general has opined that a city may not issue traffic citations under the
state statutes to drivers for violations observed by the use ofullinanned cameras and not otherwise
observed by police officers. However. the attorney general confirms the authority of a city to enact an
ordinance making the failure to stop at a red light a violation of a city's code of ordinances and to utilize
a red light camera system to monitor intersections and photograph violations. The passage of this
ordinance will facilitate the use of a red light camera system at select intersections within the city of
Boynton Beach.
PROGRAM IMPACT: Detection of red light violations at select intersections resulting in the imposition
of fines to be collected by the city.
FISCAL IMPACT: There is no cost to the city for the operation of the system with the exception of
officer manpower utilized to review and verify the detected red light violations.
AL TERNA TIVES: Not to utilize the red light camera system and continue traffic enforcement
through officer contact with violators.
~
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DePtrtment Head's Signature , I Cityl Manager's Signature
m/
Assistant to City Manager ( __ v/
Department Name City Attorney;' Finance
'; \8\ llLLTINIFURMSIAGENDA ITEM REC)IIEST FORl\l DUl
.
1 ORDINANCE 08- .:.d'-l
2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
3 BOYNTON BEACH, FLORIDA, CREATING CHAPTER 14.5 OF THE
4 ! CODE OF ORDINANCES TO BE CALLED "THE BOYNTON BEACH
5 DANGEROUS INTERSECTION SAFETY ACT"; AND NEW SECTIONS
6 14.5-1 THROUGH 14.5-15 PROVIDING FOR INTENT AND
7 DEFINITIONS; ESTABLISHING AN ENFORCEMENT PROGRAM
8 WITHIN THE CITY; AUTHORIZING THE CITY TO PERMIT AND
9 IMPLEMENT THE USE OF UNMANNED CAMERASIMONITORING
10 DEVICES FOR RED LIGHT INFRACTIONS; PROVIDING
11 ENFORCEMENT PROCEDURES, INCLUDING NOTICE, APPEAL
12 HEARINGS, PENAL TIES, IMPOSITION OF ADMINISTRATIVE
13 CHARGES AND COLLECTION; PROVIDING FOR EXCEPTIONS;
14 PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY;
15 PROVIDING AN EFFECTIVE DATE.
16
17 WHEREAS, the City of Boynton Beach ("City") is located in a high density traffic area
18 and regularly experiences traffic incidents related to the failure of motorists to obey duly erected
19 traffic control devices, which exposes its citizens to the dangers of personal injury and property
20 damage; and
21 WHEREAS, the City Commission is concerned with the inability to sufficiently enforce
22 the state statute prohibiting running of red lights, due mainly to the requirement that enforcement
23 of the state statute requires the personal observation of police officers, affecting the ability to
24 effectively reduce the significant dangers presented to motorists and pedestrians by the failure to
25 stop for a red light; and,
26 WHEREAS, the use of unmanned cameras to enforce toll violations on the state's toll
27 roads has been determined to be fair, reasonable and sufficient by the State of Florida in order to
28 effectively enforce laws regulating the payment of tolls without the need to commit the extreme
29 amount of personnel that would be necessary without the use of unmanned cameras; and,
Page 1 of 11
1 WHEREAS. similarly. the use of unmanned cameras will he cffectl\\:.' in ent(xcll1L'1\' .
, requiring vehicles to stop for red lights: therefore freeing City police personnel to respond 1\ 1 olhel
" . and sometimes more. significant incidents as well as serious crime: and.
-~ i
4 ! I WHEREAS, local governments in different parts of the state and countr:- ha\l~
5 demonstrated the enhancement of vehicular and pedestrian traffic safety attributable to the
6 integration of automated image capture technologies with traditional traffic law enforcement
7 methodology; and
8 WHEREAS, ~ 316.008. Florida Statutes. grants municipalities. with respect to streets and
9 highways under their jurisdiction and within the reasonable exercise of police power. authority to
10 regulate and monitor traffic by means of police officers and security devices: and
11 WHEREAS, the City of Boynton Beach has home rule authority pursuant to Article VII.
12 Section 2 of the Florida Constitution and Chapter 166. Florida Statutes. to enact an ordinance
1 " making the failure to stop for a red light indication a violation of the City's Code of Ordinances.
_1
14 and to provide for enforcement of such violations of the City' s Code of Ordinances through the
15 use of Special Magistrates: and.
16 WHEREAS. Attorney General Opinion 05-41. dated July 12. 2005. confirms the
17 I authority of a City to enact an ordinance making the failure to stop at a red light indication a
18 ,Iviolation ofa City's Code of Ordinances. to use unmanned cameras to monitor intersections for
!
i
19 such violations of the City's Code, and to record the license tag numbers of vehicles invol\ed in
20 such violations: and.
.21 WHEREAS. the Attorney General has opined that a City may not issue traffic citations
" lunder the State Statutes to drivers for violations observed by the use of unmanned cameras and
," , ,not otherwise observed by police officers; and.
~.J
Page 2 of 11
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1 WHEREAS, in order to be consistent with state law and the Attorney General's Opinion,
2 the City will issue City Notices of Violations to registered owners of vehicles, will not utilize the
3 uniform traffic citation prescribed by Chapter 316, and will not prosecute offenses of its City
4 ordinance through county court, but rather through the City's enforcement program; and,
5 WHEREAS, the City Commission finds it to be fair and reasonable to use the same
:
6 procedure used by the state to enforce toll violations through unmanned cameras, and to provide
7 alleged violators with the opportunity to have a hearing within the City using the City's code
8 enforcement procedures adopted pursuant to Chapter 162, Florida Statutes, and set forth in
9 Chapter 2, Article V, of the City's Code of Ordinances; and,
10 I WHEREAS, the City Commission of the City of Boynton Beach finds that
11 implementation ofthe enforcement program as set forth herein will promote, protect and improve
12 the health, safety and welfare of its citizens, consistent with the authority of and limitations on the
13 . City pursuant to the Florida Constitution and Florida statutes; now, therefore
14 BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
15 BEACH, FLORIDA:
16 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as
17 being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof.
18 Section 2. Chapter 14.5 of the Code of Ordinances of the City of Boynton Beach,
19 entitled Boynton Beach Dangerous Intersection Safety Act, shall be created to read as follows:
20 Chapter 14.5: Bovnton Beach Dangerous Intersection Safety Act.
21 I
22 " ~ 14.5-1 Intent.
23
24 I The purpose of this Act is to authorize the use ofa unmanned cameras/monitoring system
25 to promote compliance with red light signal directives as proscribed by this Act, and to adopt a
26 lcivil enforcement s stem for red Ii ht si nal violations. This Act will also su lement law
I Page 3 of 11
I
1 enforcement personnel in the enforcement of red light signal violations and shall not prohlb]JJ~!.\-~
'I enforcement officers from issuing a citation for a red light signal violation in accordanc~ \\ ith
.., i normal statutory traffic enforcement techniques,
_1
4
5 ~ 14.5-2 Use of Image Capture Technologies.
6
7 The City shall utilize image capture technologies as a supplemental means ofmonitonng
8 ! compliance with laws related to traffic control signals. while assisting law enforcement personnel
9 ! in the enforcement of such laws, which are designed to protect and improve public health. safet\
10 and welfare. This Section shall not supersede. infringe, curtail or impinge upon state laws related
11 to red light signal violations or conflict with such laws. The Citv shall utilize image capture
12 technologies as an ancillary deterrent to traffic control signal violations and to thereby reduce
13 accidents and iniuries associated with such violations. Notices ofInfractions issued pursuant to
14 this Act shall be addressed using the Citv's own Special Magistrates and not uniform tratTic
15 citations or county courts.
16
17 ~ 14.5-3 Definitions.
]8
19 The following definitions shall apply to this Act:
20
21 Jill Intersection shall mean the area embraced within the prolongation or connection
""'1 of the lateral curb line: or, ifnone, then the lateral boundary lines, of the roadwavs
--
...,,, of two roads which ioin or intersect one another at or approximately at right
~_1
24 angles; or the area within which vehicles traveling upon different roads ioining at
...,- any other angle may come in conflict.
-)
26
27 (b) Motor vehicle shall mean any self-propelled vehicle not operated upon rails or
28 guideway. but not including any bicycle, motorized scooter. electric personal
29 assisted mobilitv device, or moped.
30
31 1.0 Notice oOntJ-action shall mean a citation issued for a red zone infraction.
"...,
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..,.., @ Owner/Vehicle ()vvner shall mean the person or entity identified bv the Florida
.'-1
34 Department of Motor Vehicles, or other state vehicle registration office. as the
35 registered owner of a vehicle. Such term shall also mean a lessee of a motor
36 vehicle pursuant to a lease of six months or more.
37
38 ~ Recorded Imaf!es shall mean images recorded bv a traffic control signal
.W monitoring system/device:
40
41 1. On:
42 Tyvo or more photographs., or
43 Two or more electronic images; or
44 Two or more digital images. or
45 Digital or Video movies; or
Page 4 of 11
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1 Any other medium that can display a violation ; and
2
3 I 2. Showing the rear of a motor vehicle and on at least one image. clearly
4 I identifying the license plate number of the vehicle.
5
6 1 ill Red Zone Infraction shall mean a traffic offense whereby a traffic control signal
I
7 monitoring system established that a vehicle entered an intersection controlled by
8 a duly erected traffic control device at a time when the traffic control signal for
9 such vehicle's direction of travel was emitting a steady red signal.
10
11 {g} Special Magistrate shall mean the City's Special Magistrates appointed by the City
12 Commission to conduct appeals hearings pursuant to the Act.
13
14 (h} Traffic Control Signal shall mean a device exhibiting different colored lights or
15 colored lighted arrows, successively one at a time or in combination. using only
16 the colors green. yellow. and red which indicate and apply to drivers of motor
17 vehicles as provided in Florida Statutes ~ 316.075.
18 I
19 ill Traffic Control Signal Monitorinf! Svstem/Device shall mean an electronic system
20 consisting of one or more vehicle sensors. working in conjunction with a traffic I
21 control signal. still camera and video recording device, to capture and produce
22 recorded images of motor vehicles entering an intersection against a steady red
23 light signal indication.
24
25 ~ 14.5-4 Adherence to Red Light Traffic Control Signals.
26
27 Motor vehicle traffic facing a traffic control signal's steady red light indication shall stop
28 before entering the crosswalk on the near side of an intersection or, if none, then before entering
29 the intersection and shall remain standing until a green indication is shown on the traffic control
30 signal; however, the driver of a vehicle which is stopped at a clearly marked stop line, but if none,
31 before entering the crosswalk on the near side of the intersection or, if none, then at the point
32 nearest the intersecting roadway where the driver has a view of approaching traffic on the
33 intersecting roadway before entering the intersection in obedience of a steady red traffic control
34 signal. may make a right turn (unless such turn is otherwise prohibited by posted sign or other
35 traffic control device) but shall yield right-of-way to pedestrians and other traffic proceeding as
36 directed by the traffic control signal at the intersection.
37
38 ~ 14.5-5 Violation.
39
40 A violation of this Act, known as a Red Zone Infraction, shall occur when a vehicle does
41 not comply with the requirements of paragraph (4). Violations shall be enforced pursuant to
42 paragraph (7) herein.
43
44 ~ 14.5-6 Six-month notice; introductory period.
45
Page 5 of 11
1 For the first six months after the initial camera becomes operational under this Ordinanct:"
..., unless the driver of a vehicle received a citation from a f)olice officer at the time of a Red I,(lll~
-
3 Infraction in accordance with normal traffic enforcement techniques. the vehicle owner ~baU
4 receive a courtesy notice of the violation. Commencing six months after the initial Call1fr~
5 I becomes operational. the vehicle o\vner is subject to the enforcement provision as PITl\l~l.C..Q
6 herein.
7
8 ~ I 4.5-7 Review of Recorded Images.
9
10 ill The o",mer of the vehicle which is observed bv Recorded Images committing a
11 Red Zone Infraction. shall be issued a Notice ofInfraction. The Recorded Image
12 shall be sufficient grounds to issue a City Notice of Infraction.
13
14 ili.l The City shall designate a Traffic Control Infraction Review Officer. who shall
15 meet the qualifications set forth in o 16.640(5)(A), Florida Statutes. or am other
16 relevant statute. The Traffic Control Infraction Review Officer shall reviev.,
17 Recorded Images prior to the issuance of a Notice of Violation/Infraction to
18 ensure accuracy and the integrity of the Recorded Images. The Traffic Control
19 Infraction Officer shall also verify that the Traffic Control Monitoring
20 System/Devices which captured the Recorded Images was functioning properlv at
21 the time the Recorded Images were captured. Once the Traffic Control Infraction
22 Review Officer has verified the accuracy of the Recorded Images and
")" functionalitv of the Traffic Control Monitoring Svstem/Devices. he or she shall
-.'
24 complete a report. and a Notice of Violation/Infraction shall be sent to the Vehicle
25 Owner at the address on record with the Florida Department of Highwav Safety
26 and Motor Vehicles.
27
28 ~14.5-8 Notice of Violation/Infraction.
29
30 The Notice of Violation/Infraction shall include:
31 W The name and address of the vehicle owner:
'") ili.l The license plate number and registration number of the vehicle:
.,-
"" ' l W The make. model, and vear of the vehicle:
.' .:>
34 @ Notice that the violation charged is pursuant to this Act:
, - ill The location of the intersection where the violation occurred:
.J)
36 ill The date and time of the red zone infraction:
37 Lg1 Notice that the Recorded Images relating to the vehicle and a statement that the
38 recorded images are evidence of a red zone infraction:
Page 6 of 11
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1 ilil The civil penalty imposed;
2 i) Images depicting violation:
3 i ill The procedures for payment of the civil penalty and contesting the notice of
4 infraction;
5 Lkl A signed statement by the Traffic Control Infraction Officer that, based on
6 inspection of recorded images, the vehicle was involved in a Red Zone Infraction;
7 ill Information advising the person alleged to be liable under this Section, the manner
8 and time in which liability as alleged in the Notice oflnfraction may be appealed i
9 and warning that failure to pay the civil penalty or to contest liability in a timely
10 manner is an admission of liability.
11
12 & 14.5-9 Vehicle Owner Responsibilities.
13
14 A Vehicle Owner receiving a Notice of Infraction may, within twenty one (21) days of the
15 date of the Notice ofInfraction:
16
17 {ill Pay the assessed civil penalty pursuant to instructions on the notice of infraction;
18 or
19 ilil Request an appeal pursuant with procedures as outlined in this Act;
20
21 The failure to comply with the provisions of this Section within twenty one (21 ) days from
22 the date of the Notice ofInfraction shall constitute a waiver of the right to contest the Notice of
23 Infraction and will be considered an admission.
24
25 &14.5-10 Appeal to Special Magistrate.
26
27 (a) The City Commission shall appoint at least one ( 1) Special Magistrate to
28 consider appeals under this Chapter.
29
30 (b) The Special Magistrates are authorized to consider appeals under this
31 Chapter within twenty one (21 ) days of the date of the Notice of Infraction, the Vehicle
32 Owner may file an appeal with the City pursuant to the directions in the Notice of
33 Infraction. A hearing on the appeal shall be scheduled for all appeals except those in
34 which the Vehicle Owner submits an affidavit pursuant to & 14.5.11 in which the Vehicle
35 Owner affirms under penalty of periury that the vehicle was not under his or her care,
36 custody or control, or that of someone with Vehicle Owner's consent.
37
38 (c) Upon receipt of the appeal, the City shail schedule a hearing before the
39 Special Magistrate to occur not later than sixty (60) days after City's receipt of the appeal.
40 Notice of Hearing shall be provided to the Vehicle Owner no less than ten ( 1 0) days prior
Page 7 of 11
1 to the hearing, and shall be provided bv certified and U.S. mail to...111e same add.cc\'>lll
, which the Notice of Infraction was sent.
-
.,
.)
4 @ The following shall be permissible grounds for an appeal:
5
6 ill At the time of the infraction. the vehicle was not under the care.
7 custodv. or control of the Vehicle Owner or an individual \vith
8 Vehicle Owner's consent. established pursuant to affidavit as
9 provided in ~ 14.5-11 :
10
11 @ The motor vehicle driver was issued a citation bv a lm\
12 enforcement officer. which was separate and distinct from the
13 citation issued under this Section. for violating the stead v . red
14 traffic control signal:
15 (iii) The motor vehicle driver was required to violate the stead v red
16 traffic control signal in order to complv with other governing laws:
17 fuJ The motor vehicle driver was required to violate the steady red
] 8 I traffic control signal in order to reasonably protect the propertv or
,
19 person of another:
20 ill The steady red traHic control signal \vas inoperable or
21 malfunctioning: or
II !.Yil Anv other reason the Special Magistrate deems appropriate.
23
24
,- ill The Trat11c Control Infraction Review Officer shall testify at the appeal.
~)
26 Then. the Vehicle Owner may present testimonv and evidence.
27
28 ill Recorded Images indicating a Red Zone Infraction. verified by the Traffic
29 Control Infraction Review Officer. are admissible in any proceeding before the Citv' s
30 Special Magistrate to enforce the provisions of this Chapter. and shall constitute prima
31 facie evidence of the violation.
32
.,., (gl Unless an affidavit is provided pursuant to I:i 14.5-11. it is presumed the
jj
34 person registered as the vehicle owner with the Florida Department of Motor Vehicles or
35 anv other state vehicle registration office. or an individual having the owner' s consent.
36 was operating the vehicle at the time of a Red Zone Infraction.
37
38 I:i 14.5-11 Vehicle Owner Affidavit of Non-responsibilitv.
39
40 In order to for the Vehicle Owner to establish that the motor vehicle was at the time ofthe
41 IRed Zone Infraction. in the care. custodv, or control of another person without the consent of the
42 ~registered owner. the Vehicle Owner is required. within twenty one (21 ) days from the date listed
Page 8 of 11
,
,
1 , on the Notice oflnfraction, to furnish to the City, an affidavit setting forth the circumstances
2 I demonstrating that the motor vehicle was not in the Vehicle Owner's care custody or controL or
3 that of a person with Vehicle Owner's consent. The affidavit must be executed in the presence of
4 a notary, and include:
5
6 {ill Ifknown to the Vehicle Owner, the name, address, and the driver license number
7 of the person who leased, rented or otherwise had care, custody, or control of the
8 motor vehicle at the time of the alleged Red Zone Infraction; or
9
10 {Q} If the vehicle was stolen, the police report indicating the vehicle was stolen at the
11 time of the alleged Red Zone Infraction.
12 W The following language immediately above the signature line: "Under penalties
]3 of periury, I declare that I have read the foregoing affidavit and that the facts
14 stated in it are true."
15
16 Upon receipt of an affidavit pursuant to this section. any prosecution of the Notice oflnfraction
17 issued to the vehicle owner shall be terminated.
18
]9 ~14.5-12 Penalties.
20
21 A violation ofthis Act shall be deemed a non-criminaL non-moving violation for which a
22 civil penalty in the amount of$ 125.00 shall be assessed. As the violation relates to this Act and
23 not the State Statutes, no points as provided in ~ 322.27, Florida Statutes, shall be recorded on the
24 driving record of the vehicle owner or responsible party.
25
26 ~14.5-13 Administrative Charges.
27
28 In addition to the assessment pursuant to & 14.5-12 herein, administrative charges may be
29 assessed in the event of an appeal or the necessity to institute collection procedures.
30
31 ~14.5-14 Collection of Fines.
32
33 The City may establish procedures for the collection of a penalty imposed herein, and may
34 enforce such penalty by civil action in the nature of debt.
35 & 14.5-15 Exceptions.
36 This Act shall not apply to Red Zone Infractions involving vehicle collisions or to
37 any authorized emergency vehicle responding to a bona fide emergency; nor shall a Notice
38 of Infraction be issued in any case where the operator of the vehicle was issued a citation
39 for violating the state statute regarding the failure to stop at a red light indication.
40
Page 9 of 11
] Section 3. Severability. Ifan: section. sentence. clause. or phrase 01thlS Ordinam:c.' I"
..., , held to be invalid or unconstitutional by any court of competent jurisdiction. then said hulding
-
3 shall in no way affect the validity of the remaining portions of this Ordinance.
4 Section 4. Inclusion in Code. It is the intention of the City Commission ofthe Cit\ oj"
5 Boynton Beach, Florida. that the provisions of this Ordinance shall become and be made a part of
6 the City of Boynton Beach Code of Ordinances: and that the sections ofthis ordinance m3: be
7 renumbered or relettered and the word "ordinance" may be changed to "section." "article." or such
8 other appropriate word or phrase in order to accomplish such intentions.
9 [REMAINDER OF PAGE INTENTIONALLY BLANK]
Page 10 of 11
, .
1 Section 5. Effective Date. This Ordinance shall become effective upon adoption by the
2 City Commission.
3 FIRST READING this _ day of ,2008.
4 SECOND, FINAL READING AND PASSAGE this _ day of ,2008.
5
6
7 CITY OF BOYNTON BEACH, FLORIDA
8
9
10 Mayor - Jerry Taylor
11
12
13 Vice Mayor - Jose Rodriguez
14
15
16 Commissioner - Ronald Weiland
17
18
19 Commissioner - Woodrow L. Hay
20
21
22 Commissioner - Marlene Ross
23 ATTEST:
24
25
26 Janet M. Prainito, CMC
27 City Clerk
28
29
Page 11 of 11
ORDINANCE 08-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, CREATING CHAPTER 14.5
OF THE CODE OF ORDINANCES TO BE CALLED '"THE
BOYNTON BEACH DANGEROUS INTERSECTION SAFETY
ACT"; AND NEW SECTIONS 14.5-1 THROUGH 14.5-15
PROVIDING FOR INTENT AND DEFINITIONS; ESTABLISHING
AN ENFORCEMENT PROGRAM WITHIN THE CITY;
AUTHORIZING THE CITY TO PERMIT AND IMPLEMENT THE
USE OF UNMANNED CAMERAS/MONITORING DEVICES FOR
RED LIGHT INFRACTIONS; PROVIDING ENFORCEMENT
PROCEDURES, INCLUDING NOTICE, APPEAL HEARINGS.
PENALTIES, IMPOSITION OF ADMINISTRATIVE CHARGES
AND COLLECTION; PROVIDING FOR EXCEPTIONS;
PROVIDING FOR CODIFICA TION; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach ("City") is located in a high density
traffic area and regularly experiences traffic incidents related to the failure of motorists Iii
obey duly erected traffic control devices, which exposes its citizens to the dangers ul
personal injury and property damage; and
'VHEREAS, the City Commission is concemed with the inability to sufficientlv
enforce the state statute prohibiting running ofred lights, due mainly to the requirement
that enforcement of the state statute requires the personal observation of police officers.
affecting the ability to effectively reduce the significant dangers presented to motorists
and pedestrians by the failure to stop for 3 red light; and,
WHEREAS, the Llse of unmanned cameras to enforce toll violations on the state's
toll roads has been detemlined to be fair, reasonable and sufficient by the State of Florida
in order to effectively enforce laws regulating the payment of tolls without the need I"
Page 1 of 12
commit the extreme amount of personnel that would be necessary without the use of
unmanned cameras; and,
WHEREAS, similarly, the use of unmanned cameras will be effective in
enforcing laws requiring vehicles to stop for red lights; therefore freeing City police
personnel to respond to other , and sometimes more, significant incidents as well as
serious crime; and,
WHEREAS, local governments in different parts of the state and country have
demonstrated the enhancement of vehicular and pedestrian traffic safety attributable to the
integration of automated image capture technologies with traditional traffic law
enforcement methodology; and
WHEREAS, S 316.008, Florida Statutes, grants municipalities, with respect to
streets and highways under their jurisdiction and within the reasonable exercise of police
power, authority to regulate and monitor traffic by means of police officers and security
devices; and
WHEREAS, the City of Boynton Beach has home rule authority pursuant to
Article VII, Section 2 of the Florida Constitution and Chapter 166, Florida Statutes, to
enact an ordinance making the failure to stop for a red light indication a violation of the
City's Code of Ordinances, and to provide for enforcement of such violations ofthe City's
Code of Ordinances through the use of Special Magistrates; and,
WHEREAS, Attorney General Opinion 05-41, dated July 12, 2005, confirms the
authority of a City to enact an ordinance making the failure to stop at a red light indication
a violation of a City's Code of Ordinances, to use unmanned cameras to monitor
Page 2 of 12
intersections for such violations of the City's Code, and to record the license tag numbcr~
of vehicles involved in such violations: and.
WHEREAS, the Attomey General has opined that a City may not issue traftic
citations under the State Statutes to drivers for violations observed by the use 01
unmmmed cameras and not otherwise observed by police officers: and,
'VHEREAS, in order to be consistent with state law and the Attomey General's
Opinion, the City will issue City Notices of Violations to registered owners of vehicles.
will not utilize the unifolln traffic citation prescribed by Chapter 316. and \vill nut
prosecute offenses of its City ordinance through county court. but rather through the
City's enforcement program; and,
WHEREAS. the City Commission finds it to be fair and reasonable to use the
same procedure used by the state to enforce toll violations through unmanned cameras.
and to provide alleged violators with the opportunity to have a hearing within the City
using the City's code enforcement procedures adopted pursuant to Chapter 162. Florida
Statutes, and set forth in Chapter 2, Article V. of the City's Code of Ordinances; and.
WHEREAS, the City Commission of the City of Boynton Beach finds that
implementation ofthe enforcement program as set forth herein will promote, protect a11d
improve the health, safety and welfare of its citizens. consistent with the authority of and
limitations on the City pursuant to tbe Florida Constitution and Florida statutes: 110\\ .
therefore
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA:
Page 3 of 12
Section 1. The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part ofthis Ordinance
upon adoption hereof.
Section 2. Chapter 14.5 of the Code of Ordinances of the City of Boynton
Beach, entitled Boynton Beach Dangerous Intersection Safety Act, shall be created to read
as follows:
Chapter 14.5: Boynton Beach Dan2erous Intersection Safety Act.
~ 14.5-1 Intent.
The purpose ofthis Act is to authorize the use of a unmanned cameras/monitoring
system to promote compliance with red light signal directives as proscribed by this Act,
and to adopt a civil enforcement system for red light signal violations. This Act will also
supplement law enforcement personnel in the enforcement of red light signal violations
and shall not prohibit law enforcement officers from issuing a citation for a red light
signal violation in accordance with normal statutory traffic enforcement techniques.
~14.5-2 Use of Image Capture Technologies.
The City shall utilize image capture technologies as a supplemental means of
monitoring compliance with laws related to traffic control signals. while assisting law
enforcement personnel in the enforcement of such laws. which are designed to protect and
improve public health. safety and welfare. This Section shall not supersede. infringe,
curtail or impinge upon state laws related to red light signal violations or conflict with
such laws. The City shall utilize image capture technologies as an ancillary deterrent to
traffic control signal violations and to thereby reduce accidents and iniuries associated
with such violations. Notices ofInfractions issued pursuant to this Act shall be addressed
using the City's own Special Magistrates and not uniform traffic citations or county
courts.
~ 14.5-3 Definitions.
The following definitions shall apply to this Act:
Jill Intersection shall mean the area embraced within the prolongation or
connection of the lateral curb line: or. if none. then the lateral boundary
lines. ofthe roadways oftwo roads which ioin or intersect one another at.
Page 4 of 12
or approximately at right angles: or the area within which vehicJc~
traveling upon different roads joining at anv other angle may COmt'ID
conflict.
(b) A1otor vehicle shall mean any self-propelled vehicle not operated upon
rails or guidewav, but not including any bicvcle. motorized scooter.
electric personal assisted mobility device. or moped.
.LgJ Notice of Infraction shall mean a citation issued for a red zone infraction.
@ Ovvner/Vehicle Owner shall mean the person or entitv identified by the
Florida Department of Motor Vehicles. or other state vehicle registration
office, as the registered owner of a vehicle. Such tenl1 shall also mean a
lessee of a motor vehicle pursuant to a lease of six months or more.
!rt Recorded Images sha11 mean images recorded by a traffic control signal
monitoring system/device:
1. On:
Two or more photographs, or
Two or more electronic images: or
Two or more digital images , or
Di~ital or Video movies: or
Any other medium that can display a violation: and
2. Showing the rear of a motor vehicle and on at least one image. clearlv
identifying the license plate number of the vehicle.
ill Red Zone Infraction shall mean a traffic offense whereby a traffic control
signal monitoring svstem established that a vehicle entered an intersection
controlled bv a duly erected traffic control device at a time when the
traffic control signal for such vehicle's direction of travel was emittin!l a
steady red signal.
f.g.l Special Mar;istrate shall mean the City's Special Magistrates appointed bv
the City Commission to conduct appeals hearings pursuant to the Act.
ili1 Traffic Control SirpUlI sha11 mean a device exhibiting different colored
li ghts or colored lighted alTOWS, successively one at a time or ill
combination'! usinQ onIv the colors green~ vellov\\ and red \vhich indicate
and apply to drivers of motor vehicles as provided in Florida Statutes ~
316.075.
Page 5 of 12
ill Traffic Control Siznal Monitorinz Svstem/Device shall mean an electronic
system consisting of one or more vehicle sensors, working in coni unction
with a traffic control signal, still camera and video recording device, to
capture and produce recorded images of motor vehicles entering an
intersection against a steady red light signal indication.
~ 14.5-4 Adherence to Red Light Traffic Control Signals.
Motor vehicle traffic facing a traffic control signal's steady red light indication
shall stop before entering the crosswalk on the near side of an intersection or, if none, then
before entering the intersection and shall remain standing until a green indication is
shown on the traffic control signal; however, the driver of a vehicle which is stopped at a
clearly marked stop line, but ifnone, before entering the crosswalk on the near side of the
intersection or, if none, then at the point nearest the intersecting roadway where the driver
has a view of approaching traffic on the intersecting roadway before entering the
intersection in obedience of a steady red traffic control signal, may make a right turn
(unless such turn is otherwise prohibited by posted sign or other traffic control device) but
shall yield right-of-way to pedestrians and other traffic proceeding as directed by the
traffic control signal at the intersection.
~ 14.5-5 Violation.
A violation of this Act, known as a Red Zone Infraction, shall occur when a
vehicle does not comply with the requirements of paragraph (4). Violations shall be
enforced pursuant to paragraph (7) herein.
~ 14.5-6 Six-month notice; introductory period.
For the first six months after the initial camera becomes operational under this
Ordinance, unless the driver of a vehicle received a citation from a police officer at the
time of a Red Zone Infraction in accordance with normal traffic enforcement techniques,
the vehicle owner shall receive a courtesy notice of the violation. Commencing six
months after the initial camera becomes operational, the vehicle owner is subiect to the
enforcement provision as provided herein.
~ 14.5-7 Review of Recorded Images.
ill The owner of the vehicle which is observed by Recorded Images
committing a Red Zone Infraction, shall be issued a Notice of Infraction.
The Recorded Image shall be sufficient grounds to issue a City Notice of
Infraction.
Page 6 of 12
ili1 The Citv shall designate a Traffic Control Infraction Review Officer. W]lO
shall meet the qualifications set forth in ~316.640( 5 )(Al. Florida Statute::"
or any other relevant statute. The Traffic Control Infraction Revie\\
Officer shall review Recorded Images prior to the issuance of a Notice ul
Violation/Infraction to ensure accuracv and the integritv of the Recorded
Images. The Traffic Control Infraction Officer shall also verify that thl:
Traffic Control Monitoring System/Devices which captured the Record~tJ
Images was functioning properlv at the time the Recorded Images wcrt;
captured. Once the Traffic Control Infraction Review Officer has verified
the accuracy of the Recorded Images and functionalitv of the Traffic.
Control Monitoring Svstem/Devices. he or she shall complete a report. and
a Notice of Violation/Infraction shall be sent to the Vehicle Owner at the
address on record with the Florida Department of Highway Safetv and
Motor Vehicles.
~ 14.5-8 Notice of Violation/Infraction.
The Notice of Violation/Infraction shall include:
ill TIle name and address of the vehicle owner:
ili1 The license plate number and registration number of the vehicle;
W The make. model, and year of the vehicle;
@ Notice that the violation charged is pursuant to this Act:
W The location of the intersection where the violation occuned:
ill The date and time of the red zone infraction:
Lg2 Notice that the Recorded Images relating to the vehicle and a statemenl
that the recorded images are evidence of a red zone infraction;
ili1 The civil penalty imposed;
i) Images depicting violation:
ill The procedures for payment ofthe civil penalty and contesting the notice
of infraction;
W A signed statement by the Traffic Control Infraction Oflicer that. based on
inspection of recorded images. the vehicle was involved in a Red Zone
Infraction:
Page 7 of 12
ill Information advising the person alleged to be liable under this Section, the
manner and time in which liability as alleged in the Notice of Infraction
may be appealed and warning that failure to pay the civil penalty or to
contest liability in a timely manner is an admission of liability.
~ 14.5-9 Vehicle Owner Responsibilities.
A Vehicle Owner receiving a Notice of Infraction may, within twenty one (21 )
days of the date of the Notice of Infraction:
!ill Pay the assessed civil penalty pursuant to instructions on the notice of
infraction; or
D22 Request an appeal pursuant with procedures as outlined in this Act;
The failure to comply with the provisions of this Section within twenty one (21)
days from the date of the Notice of Infraction shall constitute a waiver of the right to
contest the Notice ofInfraction and will be considered an admission.
~14.5-10 Appeal to Special Magistrate.
(a) The City Commission shall appoint at least one (1) Special
Magistrate to consider appeals under this Chapter.
(b) The Special Magistrates are authorized to consider appeals under
this Chapter within twenty one (21) days of the date of the Notice of Infraction,
the Vehicle Owner may file an appeal with the City pursuant to the directions in
the Notice of Infraction. A hearing on the appeal shall be scheduled for all
appeals except those in which the Vehicle Owner submits an affidavit pursuant to
~14.5.11 in which the Vehicle Owner affirms under penalty ofperiurv that the
vehicle was not under his or her care, custody or controL or that of someone with
Vehicle Owner's consent.
(c) Upon receipt ofthe appeal, the City shall schedule a hearing before
the Special Magistrate to occur not later than sixty ( 60) days after City's receipt of
the appeal. Notice of Hearing shall be provided to the Vehicle Owner no less than
ten (10) days prior to the hearing, and shall be provided by certified and U.S. mail
to the same address to which the Notice of Infraction was sent.
(d) The following: shall be permissible grounds for an appeal:
ill At the time of the infraction, the vehicle was not under the
care, custody, or control of the Vehicle Owner or an
Page 8 of 12
1l1dividual with Vehicle Owner's consent. establIshed
pursuant to affidavit as provided in ~ 14.5-11:
@ The motor vehicle driver was issued a citation by a law
enforcement officer. \vhich was separate and distinct 1'ron1
the citation issued under this Section. for violatinl! th~
steady red traffic control signal:
(i ii ) The motor vehicle driver was required to violate the steady
red traffic control signal in order to comply with other
goveming laws;
fuJ The motor vehicle driver was required to violate the steady
red traffic control signal in order to reasonablv protect the
propertv or person of another;
ill The steady red traffic control signal was inoperable or
malfunctioning: or
LW Anv other reason the Special Magistrate deems
appropriate.
ill The Traffic Control Infraction Review Officer shall testify at the
appeal. Then. the Vehicle Owner may present testimony and evidence.
ill Recorded Images indicating a Red Zone Infraction, verified bv the
Traffic Control Infraction Review Officer. are admissible in any proceeding before
the City's Special Magistrate to enforce the provisions of this Chapter. and shall
constitute prima facie evidence of the violation.
{gl Unless an affidavit is provided pursuant to ~ 14.5-11, it is presumed
the person registered as the vehicle owner with the Florida Department of Motor
Vehicles or any other state vehicle registration office. or an individual having the
owner's consent. was operating the vehicle at the time of a Red Zone Infraction.
914.5-11 Vehicle Owner Affidavit of Non-responsibilitv.
In order to for the Vehicle Owner to establish that the motor vehicle was at the
time ofthe Red Zone Infraction. in the care. custody. or control of another person without
the consent of the registered owner, thc V chicle Owner is required, within twemv one (21 )
days from the date listed on the Notice of Infraction, to fumish to the City. an affidavit
setting forth the circumstances demonstrating that the motor vehicle was not in the
Page 9 of 12
Vehicle Owner's care custody or control, or that of a person with Vehicle Owner's
consent. The affidavit must be executed in the presence of a notary, and include:
ill If known to the Vehicle Owner, the name, address, and the driver license
number ofthe person who leased, rented or otherwise had care, custody, or
control ofthe motor vehicle at the time ofthe alleged Red Zone Infraction;
or
ilil If the vehicle was stolen, the police report indicating the vehicle was
stolen at the time of the alleged Red Zone Infraction.
W The following language immediately above the signature line: "Under
penalties of periury, I declare that I have read the foregoing affidavit and
that the facts stated in it are true."
Upon receipt of an affidavit pursuant to this section, any prosecution of the Notice of
Infraction issued to the vehicle owner shall be terminated.
~14.5-12 Penalties.
A violation ofthis Act shall be deemed a non-criminal, non-moving violation for
which a civil penalty in the amount of$ 125.00 shall be assessed. As the violation relates
to this Act and not the State Statutes, no points as provided in Q 322.27, Florida Statutes,
shall be recorded on the driving record of the vehicle owner or responsible party.
~14.5-13 Administrative Charges.
In addition to the assessment pursuant to ~ 14.5-12 herein, administrative charges
may be assessed in the event of an appeal or the necessity to institute collection
procedures.
~14.5-14 Collection of Fines.
The City may establish procedures for the collection of a penalty imposed herein,
and may enforce such penalty by civil action in the nature of debt.
~14.5-15 Exceptions.
This Act shall not apply to Red Zone Infractions involving vehicle
collisions or to any authorized emergency vehicle responding to a bona fide
emergency; nor shall a Notice of Infraction be issued in any case where the
operator of the vehicle was issued a citation for violating the state statute
regarding the failure to stop at a red light indication.
Page 10 of 12
Section 3. Severabi litv. l f any section, sentence, c Iause, or phrase 011 lw
Ordinance is held to be invalid or unconstitutional by any court of competenl]urisdictlO11.
then said holding shall in no \Ovay affect the validity of the remaining portions ot thlS
Ordinance.
Section 4. Inclusion in Code. [t is the intention of the City Commission of tIlL'
City of Boynton Beach, Florida, that the provisions of this Ordinance shall become and he
made a part of the City of Boynton Beach Code of Ordinances; and that the sections oj
this ordinance may be renumbered or relettered and the word "ordinance" may be changed
to "section," "miic1e," or such other appropriate word or phrase in order to accomplIsh
such intentions.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
Page 11 of 12
Section 5. Effective Date. This Ordinance shall become effective upon adoption
by the City Commission.
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
Page 12 of 12
SAIvlPLE VENDOR CONTRAC'r
AGREEMENT BETVfEEN THE CITY OF BO\'l\TOT\ BEACH
AND AMERICAN T~A.FFIC SOLUTIONS FOR
TRAFFIC SAFET'{ CAMERA PROGRAM
This Agreement (this "Agreement") is made as of this _~ day of August. 2008 by and between
American Traffic Solutions, LLC.. a Delavvare Corporation, licensed to do business in Florida.
with offices at 7681 E Gray Road, Scottsdale, Arizona 85254 ("Vendor"), and The Cil~ \>1
Boynton Beach, a Florida municipal cOlvoration. with an address at 100 E Boynton Beach
Boulevard, Boynton Beach, Florida (the "City").
RECITALS
WHEREAS, Vendor has exclusive knowledge, possession and ownership of certain equipment.
licenses, applications, and Notice of Infraction processes related to the digital photo red light
enforcement systems provided by Vendor pursuant to this Agreement; and
WHEREAS, the City Commission of the City adopted Ordinance , which authorizes the
City's Traffic Safety Camera Program nSCP) and provides for the implementation and
operation of such; and,
WHEREAS, theeity desires to engage the services of Vendor to provide certain equipment.
processes and back office services so that Authorized Employees of the City are able to monitor.
identify and enforce red light running Infractions:
NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other
valuable consideration received, the receipt and sufficiency of \'/hich are hereby acknowledged.
the parties agree as follows:
AGREEMENT
1.0 Definitions. All definitions set f011h in Ordinance are incorporated herein. In addition.
the following words and phrases shall have the following meanings in this Agreement:
1.l. "Authorized Employee" means the Traffic Control Infraction Review Officer. whose
duties and qualifications are set forth in the City Ordinance.
1.2. "Authorized Infraction" means each Potential Infraction in the Infraction Data for which
authorization to issue a Notice of Infraction in the foml of an Electronic Signature IS
given by the Authorized Employee by using the Vendor System.
1.3. "City Ordinance" means Ordinance, as may be amended from time to time.
1.4. 1.1.Ci~/il Fee''l means tIle fee assessed for vriolations of the City Ordinal1ce~ as set forth in the
Ordinance.
Page 1 of 30
1.5. "Confidential or Private Information" means, with respect to any Person, any
information, matter or thing of a secret, confidential or private nature, whether or not so
labeled, which is connected with such Person's business or methods of operation or
concerning any of such Person's suppliers, licensors, licensees, City's or others with
whom such Person has a business relationship, and which has current or potential value
to such Person or the unauthorized disclosure of which could be detrimental to such
Person, including but not limited to:
1.5.1. Matters of a business nature, including but not limited to information relating
to development plans, costs, finances, marketing plans, data, procedures,
business opportunities, marketing methods, plans and strategies, the costs of
construction, installation, materials or components, the prices such Person
obtains or has obtained from its clients or City's, or at which such Person sells
or has sold its services; and
1.5.2. Matters of a teclmical nature, including but not limited to product information,
trade secrets, know-how, formulae, innovations, inventions, devices,
discoveries, techniques, formats, processes, methods, specifications, designs,
patterns, schematics, data, access or security codes, compilations of
information, test results and research and development projects. For purposes
of this Agreement, the term "trade secrets" shall mean the broadest and most
inclusive interpretation of trade secrets.
1.5.3. Notwithstanding the foregoing, Confidential Information will not include
information that: (i) is a public record, and not otherwise exempt, pursuant to
Florida law; (ii) was generally available to the public or otherwise part of the
public domain at the time of its disclosure, (iii) became generally available to
the public or otherwise part of the public domain after its disclosure and other
than through any act or omission by any party hereto in breach of this
Agreement, (iv) was subsequently lawfully disclosed to the disclosing party
by a person other than a party hereto, (v) was required by a court of competent
jurisdiction to be described, or (vi) was required by applicable state law to be
described.
1.6. "Designated Intersection" means the Intersections, as that term is defined in the City
Ordinance, set forth on Exhibit "A" attached hereto, and such additional Intersections, as
Vendor and the City shall mutually agree from time to time through the parties' Project
Managers.
1.7. "Electronic Signature" means the method through which the Authorized Employee
indicates his or her approval of the issuance of a Notice of Infraction in respect of a
potential Infraction using the Vendor System.
1.8. "Enforcement Documentation" means the necessary ~nJ. appropriate documentation
related to the enforcement of Red Zone Infractions, as defined in the City Ordinance,
including but not limited to warning letters, Notices ofInfraction (using the specifications
of the hearing officer ( also known as code enforcement Special Master) and the City, a
Page 2 of 30
numbering sequence for use on all notices t in accordance with applicable state s1;.ltlllt..'.
and the City's Ordinance), instructions to accompany each issued Notice 0 r infract II in
(including in such instructions a description of hasic enforcement procedures, paYl11I_'1!!
options and info11nation regarding the \'iewing or 1mages and data collected hI. i
Vendor System), chain of custody records, criteria regarding operatIonal poJicic:o 1\'1
processing Notices of Infraction (including with respect to coordinating with tit,
applicable vehicle registry), and technical support docllmentation for applicable heanm.'
officers.
1.9. "Equipment" means any and all cameras, sensors, equipment, components, products.
software and other tangible and intangible property relating to the Vendor Photo Red
Light System(s), including but not limited to all camera systems, housings, sensor arrays.
severs and poles.
1.10. "Govemmental Authoritv" means any domestic or foreign govemment, govemmenta!
authority, court, tribunal, agency or other regulatory, administrative or judicial agenc).
commission or organization, and any subdivision, branch or depaliment of any of the
foregoing.
1.11. "Infraction" means any Infraction of the City's Ordinance.
1.12. "Infractions Data" means the images and other Infractions data gathered by the Vendor
System at the Designated Intersection.
1.13. "Installation Date of the TSCP" means the date on which Vendor completes the
construction and installation of at least one (1) Intersection in accordance with the terms
of this Agreement so that such Intersection is operational for the purposes of functionint:
with the TSCP.
1.14. "Intellectual Property" means, with respect to any Person, any and all no\v known or
hereafter known tangible and intangible (a) rights associated with works of authorship
throughout the world, including but not limited to copyrights, moral rights and mask-
works, (b) trademark and trade name rights and similar rights, (c) trade secrets rights, (d)
patents, designs, algorithms and other industrial propeliy rights, (e) all other intellectual
and industrial property rights (of every kind and nature), whether arising by operation 01
law, contract, license, or otherwise, and (f) all registrations, initial applications, renewals,
extensions, continuati ons, divisions or reissues hereof now or 11 ere after in fenT e
(including any rights in any of the foregoing), of such Person, consistent with tht,
definition of such tenns in Florida Statutes.
1.15. "Notice of Infraction" shall mean the Notice of an Infraction, which is mailed 0\
othelwise delivered by Vendor to the alleged violator on the appropriate Enforcement
Documentation in respect of each Authorized Infraction pursuant to the requirements l)j
the City Ordinance.
1.1 (). "Operational Period" means the period of time during the Ten11 , commencing on the
Installation Date, during which the TSCP IS functional 111 order to permit the
Page 3 of 30
identification and the issuance of Notices ofInfraction for approved Infractions using the
Vendor System.
1.17. "Ordinance" shall mean City of Boynton Beach Ordinance, as may be amended from
time to time.
1.18. "Person" means a natural individual, company, Governmental Authority, partnership,
firm, corporation, legal entity or other business association.
1.19. "Proiect Manager" means the project manager appointed by the City in accordance with
this Agreement, which shall be the City Manager, or his designee and shall be
responsible, on behalf of City, for overseeing the installation at the Designated
Intersections and the implementation of the TSCP, and which manager shall have the
power and authority to make management decisions relating to the City's obligations
pursuant to this Agreement, including but not limited to change order authorizations,
subject to any limitations set forth in the City's Charter or Ordinance or by the City
Commission.
1.20. "Potential Infraction" means, with respect to any motor vehicle passing through a
Designated Intersection, the data collected by the Vendor System with respect to such
motor vehicle, which data shall be processed by the Vendor System for the purposes of
allowing the Authorized Employee to review such data and determine whether a Red
Zone Infraction has occurred.
1.21. "Proprietary Property" means, with respect to any Person, any written or tangible
property owned or used by such Person in connection with such Person's business,
whether or not such property is copyrightable or also qualifies as Confidential
Information, including without limitation products, samples, equipment, files, lists,
books, notebooks, records, documents, memoranda, reports, patterns, schematics,
compilations, designs, drawings, data, test results, contracts, agreements, literature,
correspondence, spread sheets, computer programs and software, computer print outs,
other written and graphic records and the like, whether originals, copies, duplicates or
summaries thereof, affecting or relating to the business of such Person, financial
statements, budgets, projections and invoices.
1.22. "Vendor Marks" means all trademarks registered in the name of Vendor or any of its
affiliates, such other trademarks as are used by Vendor or any of its affiliates on or in
relation to TSCP at any time during the Tenn this Agreement, service marks, trade names,
logos, brands and other marks owned by Vendor, and all modifications or adaptations of
any of the foregoing.
1.23. "Vendor Proi ect Manager" means the proj ect manager appointed by Vendor in
accordance with this Agreement, which project manager shall initially be named by the
Vendor within 14 days of the execution of this "A~greement or such person as Vel1dor shall
designate by providing written notice thereof to the City from time to time, who shall be
responsible for overseemg the construction and installation of the Designated
Intersections and the implementation the TSCP, and who shall have the power and
Page 4 of 30
authority to make management decisions relating to Vendor's obligations pursuant 111 !11L
AgreemenL including but not limited to change-order authorizations.
1.24. "Traffic Safety Camera Program" means, collectively, the TSCP provided by V endor ~\lld
all of the other equipment, applications. back office processes and digital red light traffi\.'
enforcement cameras, sensors, components. products. software and other tangible ~\l il j
intangible propeliy relating thereto.
1.25. "Traffic Safety Camera Program'" means the process by which the monitOring.
identification and enforcement oflnfractions of tbe Red Zone Infractions is facilitated b\
the use of certain equipment, applications and back office processes of Vendor, including
but not limited to cameras, flasbes, central processing units, signal controller interface~
and sensor arrays which, collectively. are capable of identifying Infractions and recording
such Infraction data in the fom1 of pbotographic images of motor vehicles.
1.26. "Photo Red Light Infraction Criteria" means the standards and criteria by which Potential
Infractions will be evaluated by Authorized Employees of the City, which standards and
criteria shall include, but are not limited to, the definition of a Red Zone Infraction set
forth in the City Ordinance, relying upon the duration of time tbat a traffic light mllst
remain red prior to a Infraction being deemed to have occurred, and the location(s) in an
intersection which a motor vehicle must pass during a red light signal prior to being
deemed to have committed a Infraction, all of which shall be in compliance with a] I
applicable laws, rules and regulations of Govemmental Authorities.
1.27. "Traffic Signal Controller Boxes" means the signal controller interface and detector.
including but not limited to the radar or video loop, as the case may be.
1.28. "Waming Period" means the period of thirty (30) days after the Installation Date of 1he
first intersection approach. as set by the Ordinance.
2.0 Tenn. The teml of this Agreement shall commence as of the date hereof and shall
continue for a period of five (5) years after the date of the first paid notice from the 1"]rst
installed System (the "Initial Tem1"). The City shall have the right, but not thl.;'
obligation, to extend the tem1 of this Agreement for up to two (2) additionaL five (5) year
periods following the expiration of the Initial Te1111 (each. a "Renewal Tem1" and
collectively with the Initial Term, the "Tem1"). The City may exercise the right to extend
the tem1 of this Agreement for a Rene\va] Tenn by providing written notice to Vendor
not less than sixty (60) days prior to the last day of the Initial Term or the Renewal Term.
as the case may be.
3.0 Services. Vendor shaII provide the TSCP to the City, in each case in accordance with the
tenllS and provisions of the Ordinance.
3.1. Installation. With respect to the construction and instaIIation of the Designated
intersection and the installation of the Vendor System at such Designated Intersection: the
City and Vendor shall have the respective rights and obligations set forth on Exhibit '"8"
attached hereto.
Page 5 of 30
3.2. Maintenance. With respect to the maintenance of the Vendor System at the
Designated Intersections, the City and Vendor shall have the respective rights and
obligations set forth on Exhibit "e "attached hereto.
3.3. Infraction Processing. During the Operational Period, Infractions shall be processed
as set forth on Exhibit" D", attached hereto.
3.4. Prosecution. The City shall prosecute Ordinance violations in respect thereof
pursuant to the terms, procedures and requirements of the City Ordinance, subj ect to
City's routine law enforcement discretion.
3.5. Other Rights and Obligations. During the Term, in addition to all of the other rights and
obligations set forth in this Agreement, Vendor and the City shall have the respective
rights and obligations set forth on Exhibit "E" attached hereto.
3.6. Change Orders. The City may from time to time request changes to the work required to
be performed or the addition of products or services to those required pursuant to the
terms of this Agreement by providing written notice thereof to Vendor, setting forth in
reasonable detail the proposed changes (a "Change Order Notice"). Upon Vendor's
receipt of a Change Order Notice, Vendor shall deliver a written statement describing the
effect, if any, the proposed changes would have on the terms set forth in Exhibit" E "
(the "Change Order Proposal"), which Change Order Proposal shall include (i) a detailed
breakdown of the charge and schedule effects, (ii) a description of any resulting changes
to the specifications and obligations of the parties, (iii) a schedule for the delivery and
other performance obligations, and (iv) any other infonnation relating to the proposed
changes reasonably requested by the City. Following the City's receipt of the Change
Order Proposal, the parties shall negotiate in good faith and agree to a plan and schedule
for implementation of the proposed changes, the time, manner and amount of payment or
price increases or decreases, as the case may be, and any other matters relating to the
proposed changes. Any failure of the parties to reach agreement with respect to any of
the foregoing as a result of any proposed changes shall not be deemed to be a breach of
this Agreement, and any disagreement shall be resolved in accordance with Section 16.0.
4.0 License; Reservation of Rights.
4.1. License. Subject to the terms and conditions of this Agreement, Vendor hereby
grants the City, and the City hereby accepts from Vendor upon the terms and conditions
herein specified, a non-exclusive, non-transferable license during the Term of this
Agreement to: (a) solely within the City, access and use the Vendor System for the sole
purpose of reviewing Potential Infractions and authorizing the issuance of Notices of
Infraction pursuant to the terms of this Agreement, and to print copies of any content
posted on the Vendor System in connection therewith, (b) disclose to the public
(including outside of the City) that Vendor is providing services to the City in connection
with TSCP pursuant to the terms of this Agreement, and (c) use and display the Vendor
Marks on or in marketing, public awareness or education, or other publications or
materials relating to the TSCP, so long as any and all such publications or materials are
approved in advance by Vendor.
Page 6 of 30
4.2. Reservation of Ri2:hts. The City hereby acknowledges and agrees that: (al VellUil! I
the sole and exclusive owner of the Vendor System, the Vendor Marks. all Intel1cl'lU,t
Propcliy arising from or relating to the Velldor System. and an) and al I 1\: L1 ll'cl
Equipment provided under this Agreement, (b) the City neither has nor makt~s any ,Lilli
to any right title or interest in any of the foregoing, except as specifically grankLi \
authorized under this Agreement, and (c) by reason of the exercise of :my such right:-- ,)
interests of City pursuant to this Agreement, the City shall gain no additional right '11 fl'
or interest therein.
4.3. Restricted Use. The City hereby covenants and agrees that it shall not (a) make ([n~
modifications to the Vendor System, including but not limited to any Equipment, (b) alter.
remove or tamper with any Vendor Marks, (c) use any of the Vendor Marks in any wa\'
which might prejudice their distinctiveness, validity or the goodwill of Vendor there111.
(d) use any trademarks or other marks other than the Vendor Marks in connection \\1\11
the City's use of the Vendor System pursuant to the tel111S of this Agreement without firsl
obtaining the prior consent of Vendor, or (e) disassemble, de-compile or otherWISl
perform any type of reverse engineering to the Vendor System, the Vendor System.
including but not limited to any Equipment, or to any, Intellectual Propeny or Proprietan
Propeliy of Vendor, or cause any other Person to do any of the foregoing_
4.4. Protection of Rights. Vendor shall have the right to take whatever action it deems
necessary or desirable to remedy or prevent the infringement of any Intellectual Propert~
of V endor, including without limitation the filing of applications to register as trademarks
in any jurisdiction any of the Vendor Marks, the filing of patent application for any ofthi..'
Intel1ectual Property of Vendor, and making any other applicati ons or fi lings Wl tlt
appropriate Govemmental Authorities. The City shall not take any action to remedy III
prevent such protective activities, and shall not in its O\\/n name make any registrations O!
filings with respect to any of the Vendor Marks or the Intellectual Propel1y 0 f Vendol
without the prior written consent of Vendor.
4.5. Infringement. The City shal1 use its reasonable best efforts to give Vendor prompt
notice of any activities or threateneJ activities of any Person of which it becomes a\varl,;'
that infringes or violates the Vendor Marks or any of Vendor's Intellectual Property or
that constitute a misappropriation of trade secrets or act of unfair competition that might
dilute, damage or destroy any of tile Vendor Marks or any other Intellectual Property ot
Vendor. Vendor shall have the exclusive right, but not the obligation, to take action t(l
enforce such rights and to make settlements \\'ith respect thereto.
4.6. Infringing Use. The City shall give Vendor prompt written notice of any action ur
claim action or claim, whether threatened or pending, against the City alleging that the
Vendor Marks, or any other Intellectual Property of Vendor, infringes or violates any
patent, trademark, copyright trade secret or other Intellectual Property of any other
Person, and the City shall render to Vendor such reasonable cooperation and assistance a:--
is reasonably requested by Vendor in Lhe defense thereof; provided, that Vendor shaii
reimburse the City for any reasonable costs, including \vithout limitation attomeys fees
and cOllli costs, as well as City staff costs, incuned in providing such cooperation and
aSSIstance. If such a claim is made and Vendor detel111ines in the exercise of its sole
Page 7 of 30
discretion, or a court or administrative proceeding of competent jurisdiction determines,
that an infringement may exist, Vendor shall have the right, but not the obligation, to
procure for the City the right to keep using the allegedly infringing items, modify them to
avoid the alleged infringement or replace them with non-infringing items, all at no cost to
the City. In addition, in such event, the City has the right, but not the obligation, to
terminate this Agreement pursuant to paragraph 6.1.
5.0 Representations and Warranties.
S.l.Vendor Representations and Warranties.
5.1.1. Authority. Vendor hereby warrants and represents that:
5.1.1.1. it has all right, power and authority to execute and deliver this
Agreement and perform its obligations hereunder; and,
5.1.1.2. to the extent legally required, Vendor has all ownership rights,
licenses, or other required authority to use the software and hardware
it installs to perform the services under this Agreement.
5.1.2. Professional Services. Vendor hereby warrants and represents that any
and all services provided by Vendor pursuant to this Agreement shall be
performed in a professional and workmanlike manner and, with respect to
the installation of the Vendor System, subject to applicable law, in
compliance with all specifications provided to Vendor by the City.
5.2. City Representations and Warranties.
5.2.1. Authority. The City hereby warrants and represents that it has all right,
power and authority to execute and deliver this Agreement and perform its
obligations hereunder; provided that Vendor acknowledges that the initial
program is premised on being consistent with the requirements and
authority of state law, applicable attorney general opinions, and the City's
Ordinance, and City cannot and does not warrant the outcome of any
judicial or legislative action that may be taken affecting these authorities
subsequent to the execution of this Agreement.
5.3. Professional Services. The City hereby warrants and represents that any and all
services provided by the City pursuant to this Agreement shall be performed in a
professional and workmanlike manner in City's governmental capacity.
6.0 Termination.
6.1. Termination for Cause: Either party shall have the right to terminate this Agreement
immediately by written notice to the other if (i) state or federal statutes are amended,
or regulations or policies are adopted by agencies with jurisdiction, to prohibit or
materially change the operation of TSCP so as to make it reasonably impractical to
operate the red light enforcement program, including without limitation changes that
Page 8 of 30
would prohibit the red light enforcement program. or which would IIll il(
restrictions on revenues and uses that arc contrarv to the terms 0 f thIs Agreemem. i I
any court having jurisdiction over City niles, or declares. that thc City's red I 11
enforcement program is invalid or results 11-om the Vendor System of photo reel i i.'!hi
enforcement are inadmissible in evidence. or otherwise renders a decision that Il1Clkl'~
it reasonably impractical to operate the red light enforcement program: (II;! "I
detennination by a court of competent jurisdiction or other applicable dispu!L'
resolution forum that Vendor has l11fringed upon a third party's patent. trademark.
copyright, trade secret or other intellectual property: (iv) the other party commits ,111\
material breach of any of the provisions of this /\greement: (v) Vendor's !IU!
payment of revenues to City as required by this Agreement. ]n I he ('\'cn1 (\
tel111ination due to this Section, City shall bc relieved of any fUl1her obligatlon:- It'
Vendor other than as specified herein. Either party shall have the right to remed) rhe:
cause for tel111inatio11 within f011y-fivc (45) calendar days (or within such other tl111<..'
period as the City and Vendor shall mutually agree. which agreement shall 1101 h,.
unreasonably withheld or delayed) after written notice from the non-causing pan \
setting forth in reasonable detail the events of the cause for tCll11ination.
The rights to tenninate this Agreement given in Section 6.1 shall be without prejudice tl'
any other right or remedy of either party in respect of the breach concerned (if any) \)]
any other breach of this Agreement.
6.2 Warning Period. The Ordinance provides for a one time thirty (30) day Waming PenoeL
during which time courtesy notices of infractions, with no civil fees. are used. The
parties hereto acknowledge that this Warning Period \vill be used to verify the reliability
of the program and the detection of infractions, as well as to monitor anticipated changes
in state law on the subject of camera enforcement or red light infractions. The Waming.
Period shall commence on the date the initial camera and t
6.3 Procedures Upon Termination. This section 6.3 shall apply to the expiration of this
Agreement and to the early termination of the Agreement. The tell11ination of this
Agreement shall not relieve either party of any liability that accrued prior to such
tem1ination. Except as set forth in this Section Cd. upon the termination of this
Agreement. all of the provisions of this Agreement shall terminate and:
6.3.1 Vendor shall (i) immediately cease to provide services, including but not limited 10 work
in connection with the construction or installation activities and services in connection
with the TSCP, (ii) promptly deliver to the City any and all Proprietary Property of the
City provided to Vendor pursuant to this Agreement, (iii) promptly deliver to the City ;1
final rep0l1 to the City regarding the collection of data and the issuance of Notices oj
Inti-action in such format and for such periods as the City may reasonably request. and
which final rep0l1 Vendor shall update or supplement hom time to time when and it
additional data or information becomes available, (iv) provide City all data pertaining to
outstanding Civil Fee payments due and OW1l1g to City and potential payments due 10
Vendor, (v) provide City with its proposed schedule for the removal of the Vendor's
equipment, at no cost to the City. from the City and once such schedule is approved hv
City Vendor shall remove such pursuant to the schedule; and (vi) provide such assistance
Page 9 or 30
as the City may reasonably request from time to time in connection with prosecuting and
enforcing Notices ofInfraction issued prior to the termination of this Agreement.
6.3.2 The City shall (i), except for pending enforcement cases, immediately cease using the
TSCP, accessing the Vendor System and using any other Intellectual Property of Vendor,
and (ii) promptly deliver to Vendor any and all Proprietary Property of Vendor provided
to the City pursuant to this Agreement, other than such equipment installed by Vendor
along the roadways for the enforcement program.
6.3.3 Unless the City and Vendor have agreed to enter into a new agreement relating to the
TSCP or have agreed to extend the Term of this Agreement, Vendor shall remove any
and all Equipment or other materials of Vendor installed in connection with Vendor's
performance of its obligations under this Agreement, at no cost to City, including but not
limited to housings, poles and camera systems, and Vendor shall restore the Designated
Intersections to substantially the same condition such Designated Intersections were in
immediately prior to this Agreement, except for foundation removal, which shall be left
approximately flush with grade and no exposed rebar, steel or other hazards, at no cost to
City pursuant to the schedule agreed upon by the parties in section 6.3.1..
7.0 Fees to be Paid to Vendor and Payment Processing.
7.1. Vendor shall have the right to receive the compensation set forth on, and pursuant to,
Exhibit F attached hereto.
7.2. Vendor shall be responsible for processing payments of the Civil Fees. The Vendor
shall provide payment means through mail, telephone and on-line processes. Vendor
shall track all payments and handle all applied payments, unapplied payments,
overpayments, refunds, adjustments, dismissals and reversals.
7.3. Vendor shall pay City all payments received during a calendar month, no later than
the ih day of the next following month.
7.4. Vendor shall invoice the City for all applicable fees according to the fee schedule
delineated on Exhibit " F". Along with the invoice, V endor shall provide
information to the City, in a format acceptable to the City, supporting the invoice
amounts forwarded by Vendor to the City. In addition, City shall have access to the
financial reporting functions of Vendor's system upon City's request.
8.0 Survival. Notwithstanding the foregoing, the parties' obligations shall survive the
termination of the Agreement to the extent necessary to fulfill the parties' accrued
monetary obligations under this Agreement.
9.0 Confidentiality. During the term of this Agreement and for a period of three (3) years
thereafter, neither party shall disclose to any third person, or use for itself in any way for
pecuniary gain, any Confidential Information learned from the other party during the
course of the negotiations for this Agreement or during the Term of this Agreement,
subject to the obligations and requirements of Florida's public records laws and public
meetings law. Upon termination of this Agreement, each party shall return to the other
Page 10 of30
all tangible Confidential In/e)l111ation of such party. [:ach paliy shall retain III conl1Cklll..
and not disclose to any third party any Confidential Information without the other p~ir1"
express \vritten consent, except (a) 10 its employees \\ ho are reasonably requIred lC1 j 1<1\ l
the Confidential 1nfonnation, (b) to its agents. representatives, attorneys and \;lhel
professional advisors that have a need to know such Confidential Inf01111ation, pro\llkd
that such pmiies undet1ake in writing (or arc otherwise bound by rules 0 f professwn,;l
conduct) to keep such infonnation strictly confidential, and (c) pursuant to. and t\! !
extent of. a request or order by any Governmental Authority, including laws relati11'-'- i'
public records.
10.0 Indemnification and Liabilitv.
10.1. Indemnification ~ Negligence. The Vendor agrees to defend, indemnif\
and hold harmless the City, its trustees, elected and appointed officers, agents,
servants and employees, from and against any and all claims, demands, or causes or
action of whatsoever kind or nature, and the resulting losses, costs, expenses.
reasonable attomeys' fees, liabilities, damages, orders, judgments, or decrees
CLosses"), sustained by the City or any third party arising out of, or by reason of, or
resulting from the Vendor's negligent acts, errors, or omissions, except to the extent
such Losses arise from the negligence of the City or City's employees, officers nr
agents. In the event that a court of competent jurisdiction detem1ines that the
provisions of Sec. 725.06, F.S., and / or Sec. 725.08 , F.S.. apply to this Agreement.
then , in such event, Vendor shall defend, indemnify and hold ha11111ess City and
City's officers, employees and agents only to the fullest extent authorized by said
cited statutes.
10.2. Indemnification - Infringements. The Vendor shall indemnify City for a1110ss.
damage, expense or liability including, without limitation, court costs and attorneys'
fees that may result by reason of any infringement or claim of infringement of an~
patent, trademark, copyright trade secret or other proprietary right relating 1\1
services furnished pursuant to this Agreement. The Vendor ,vi11 defend and/or settle
at its own expense, with legal counsel reasonably acceptable to the City, any action
brought against the City to the extent that it is based on a claim that products Ul
services fumished to City by the Vendor pursuant to this Agreement, or if am
p011ion of the services or goods related to the perfol111ance of the service becomes
unusable as a result of any such infringement or claim. Any infringement or claim
that renders any portion of the services to be performed by this agreement to bl'
unusable, or materially affects the Vendor's Red Light System as functiona\h
described herein, shall be grounds for a default of this Agreement.
10.3. The parties recognize that various provisions of this Agreement, including but not
necessarily limited to this Section, provide for indemnification to be provided b)' the
Vendor and agree that in the event that the law is construed to require a specific
r-Al,C"~rit=:'o-r~t~r'\"''' fr'\ 1""'\= .r;"Llo...... +l"'\".,~,,+............--.. the parties therefore agree that the Surll OJ Tell
VLl~.JJIUV.l U\..lV.lJ. LV U\",..o 51 V vII LULl! \...-LVl \...;~
Dollars and 00/100 (SlO.OCl), receipt of\vhich is hereby aclmowledged, is the specific
consideration for such indemnities, and the providing of such indemnities is deemed 10
be part of the specifications with respect to the services to be provided by Vendo!"
Page 11 of30
Furthermore, the parties understand and agree that the covenants and representations
relating to this indemnification provision shall survive the term of this Agreement and
continue in full force and effect as to the Vendor's responsibility to indemnify for
events occurring during the term of this Agreement for a period of not less than five (5)
years after expiration or termination ofthe Agreement.
10.4 In the event that a court of competent jurisdiction or the State of Florida, including any of
its agencies, orders or requires the City to return any payments made for infractions of the City
Ordinance, Vendor shall, at no additional charge, assist City to perform all relevant portions of
any such order, decree, judgment, etc., required to be performed by the City including, but not
limited to, assisting the City to locate each violator so that any ordered reimbursement may be
made.
10.5 Change in State Law. The parties recognize and acknowledge that it has been reported that
the Florida Legislature is considering various revisions to State Uniform Traffic Laws which, if
enacted, would expressly authorize municipalities to issue traffic infractions through the use of
Red Light Cameras without the necessity of using the code enforcement system. Should the
Florida Legislature enact any law modifying the Uniform Traffic Laws so as to expressly permit
the TSCP, sections 10.4 and 10.5 shall automatically become void.
10.6 Notice of Claims. If the City or Vendor receives notice of any claim or
circumstances which may give rise to an indemnified loss under this Section 10, the
receiving party shall give written notice to the other party within ten (10) days of receipt.
The notice must include the following:
(a) a description of the indemnification event in reasonable detail,
(b) the basis on which indemnification may be due, and
(c) the anticipated amount of the indemnified loss.
This notice does not estop or prevent the City from later asserting a different basis
for indemnification or a different amount of indemnified loss than that indicated in
the initial notice. If the City does not provide this notice within the ten (10) day
period, it does not waive any right to indemnification except to the extent that
Vendor is directly prejudiced, suffers loss, or incurs expense because of the delay.
11.0 Independent Contractor. This Agreement does not create an employee/employer
relationship between the parties. It is the intent of the parties that the Vendor is an
independent contractor under this Agreement and not the City's employee for all
purposes, including but not limited to, the application of the Fair Labor Standards Act
minimum wage and overtime payments, Federal Insurance Contribution Act, the Social
Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue
Code, the State Workers Compensation Act, and the State unemployment insurance law.
The Vendor shall retain sole and absolute discretion in the judgment of the manner and
means of carrying out Vendor's activities and responsibilities hereunder provided, further
Page 12 of 30
that administrative procedures applicable to services rendered under th1S Agreement ,h:ii i
be those of Vendor, \,vhich policies of Vendor shall not conf1iet with City. or 1 il
States policies, rules or regulations relating to thc use of Vendor's funds pro-videli i"
herein. The Vendor agrees that it is a separate and Illdependent enterprise from the \ ]1,
that it has full oppOliunity to find other business. that it has made its own imestml'11i ! :
its business, and that it \vill utilize a high level of skill necessary to pcrt\.1r\11 the \\ l,rk
This Agreement shall not be construed as creating any joint employment relations])])'
between the Vendor and the City and the City \vill not be liable for any obligatiulI
incUlTed by Vendor. including but not limited to unpaid minimum wages andior oveninll'
premIums.
l2.0 Assigmnents; Amendments. This A6'Teement, or any interest herein, shall not be assigned.
transfelTed or otherwise encumbered, under any circumstances, by either party, includmg
without limitations purchases of controlling interest in Vendor or merger, without the prill!
written consent of the other party.
It is further agreed that no modification, amendment or alteration in the te1111S or conditions
contained herein shall be effective unless contained in a written document executed with thL:
same fonnality and of equal dignity herewith.
13.0 No Contingent Fees. Vendor warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for the Vendor to solicit or secure
this Agreement, and that it has not paid or agreed to pay any person, company, corporation,
individual or firm, other than a bona fide employee working solely for Vendor any fc'c.
c0111mission, percentage, gift, or other consideration contingent upon or resulting from the
a\vard or making of this Agreement. For the breach or Infraction of this provision, the Cil.'
shall have the right to tem1inate the Agreement without liability at its discretion, to deduct
iI-om the contract price, or otherwise recover the full amount of such fee, commission.
percentage, gift or consideration.
14.0 Notices. Whenever any pm1y desires to give notice unto any other party, it must be given
by written notice, sent by certified United States mail, with retum receipt requested,
addressed to the paJ1y for whom it is intended, at the places last specified, and the places fur
giving of notice shall remain such until they shall have been changed by written notice in
compliance with the provisions of this section. For the present, the VENDOR and the CITY
designate the following as the respective places for giving of notice:
City: Kw1 Bressner, City Manager
City of City of Boynton Beach
] 00 E Boynton Beach Boulevard
Boynton Beach, Florida 33425
Phone: (561) 742-6010
Fax: (561) 742-6011
Page 13 of30
Vendor: American Traffic Solutions, LLC.
7681 E Gray Road
Scottsdale, AZ 85254
Attention: Chief Operating Officer
15.0 Audit Rights. Each of parties hereto shall have the right to audit the books and records of
the other party hereto (the "Audited Party") solely for the purpose of verifying the
payments, if any, payable pursuant to this Agreement. Any such audit shall be conducted
upon not less than forty-eight (48) hours' prior notice to the Audited Party, at mutually
convenient times and during the Audited Party's normal business hours. Except as
otherwise provided in this Agreement, the cost of any such audit shall be borne by the
non-Audited Party. In the event any such audit establishes any underpayment of any
payment payable by the Audited Party to the non-Audited Party pursuant to this
Agreement, the Audited Party shall promptly pay the amount of the shortfall, and in the
event that any such audit establishes that the Audited Party has underpaid any payment
by more than ten percent (10%) of the amount actually owing, the cost of such audit shall
be borne by the Audited Party. In the event any such audit establishes any overpayment
by the Audited Party of any payment made pursuant to this Agreement, non-Audited
Paliy shall promptly refund to the Audited Party the amount ofthe excess.
16.0 Dispute Resolution. Upon the occurrence of any dispute or disagreement between the
parties hereto arising out of or in connection with any term or provision of this
Agreement, the subject matter hereof, or the interpretation or enforcement hereof (the
"Dispute"), the parties shall engage in informal, good faith discussions and attempt to
resolve the Dispute. In connection therewith, upon written notice of either party, each of
the parties will appoint a designated officer whose task it shall be to meet for the purpose
of attempting to resolve such Dispute. The designated officers shall meet as often as the
paliies shall deem to be reasonably necessary. Such officers will discuss the Dispute. If
the parties are unable to resolve the Dispute in accordance with this Section 16.0, and in
the event that either of the parties concludes in good faith that amicable resolution
through continued negotiation with respect to the Dispute is not reasonably likely, then
the parties may mutually agree to submit to binding or nonbinding arbitration or
mediation.
17.0 Binding Authority. Each person signing this Agreement on behalf of either party
individually warrants that he or she has full1egal power to execute this Agreement on behalf
of the party for whom he or she is signing, and to bind and obligate such party with respect
to all provisions contained in this Agreement.
18.0 Headings. Headings herein are for the convenience of reference only and shall not be
considered on any interpretation of this Agreement.
Page 14 of 30
19.0 Exhibits. Each Exhibit referred tll in this .-\grecment !(X!11S an cssentlal part \\ 1\'1
Agreement. The exhibits shall be treated as ])a]i 01 this Agreement and are mcorpoLli
herein bv reference.
20.0 Waiver. Failure of either party to insist upon strict perfom1ance of any covenant '"
condition of this Agreement, or to execute any right herein contained, shall ]wt he
construed as a waiver or relinquishment for the futurc of any such covenant condition, \1
right but the same shall remain in full force and effect.
21.0 Legal Representation. It is acknowledged that each party to this Agreement had t11l;_'
oppOliunity to be represented by counsel in the preparation of this Agreement and.
accordingly, the rule that a contract shall be interpreted strictly against the party preparing
same shall not apply herein due to the joint contributions of both paliies.
22.0 Severability. If any provision of this Agreement or application thereof to any person or
situation shall to any extent, be held invalid or uncnforceable, the remainder of this
Agreement, and the application of such provisions to persons or situations other than
those as to which it shall have been held invalid or unenforceable shall not be affected
thereby, and shall continue in full force and effect, and be enforced to the fullest extent
permitted by law, except that this provision shall not be deemed to deprive any party ot"
any legal remedy, including tem1ination.
23.0 Insurance.
23.1. Throughout the tem1 of this Agreement, the Vendor agrees to maintain in force at
their own expense insurance as follows:
23.1.1. Comprehensive General Liability insurance to cover liability Cor
bodily injury and property damage. Exposures to be covered are premises.
operations, products\comp I eted operations, and contractual liabilit\
Coverage must be written on an occurrence basis, with the following
limits of liability
A. Bodily Injury/Property Damage
1. Each Occunence $1,000,000
-, Annual Aggregate S 1,000,000
B. Personal Injury
1. Annual Aggregate S 1,000,000
23.1.2. Worker's Compensation Insurance shall be maintained during the life
of this contract to comply with Florida statutory limits for all employees.
The folJowmg limIts must be maintained:
A. Worker's Compensation Statutory
Page 15 of 30
B. Employer's Liability $100,000 each accident
$500,000 Disease-policy limit
$100,000 Disease-employee
If Vendor claims to be exempt from this requirement, Vendor shall
provide City proof of such exemption along with a written request for City
to exempt Vendor, written on Vendor letterhead.
23.1.3. Comprehensive Auto Liability - coverage shall include owned, hired
and non-owned vehicles.
A. Bodily Injury and Property Damage combined single limit
1. Each Occurrence $1,000,000
2. Annual Aggregate $1,000,000
23.1.4. Professional Liability - $1,000,000.
23.1.5. Vendor shall name the City as an additional insured on each of the
policies required herein, with the exception of the Vendor's Worker's
Compensation policy and Professional Liability.
23.1.6. Certificates of Insurance, reflecting evidence of the required insurance,
shall be filed with the City's Risk Manager prior to the commencement of
this Agreement. These Certificates shall contain a provision that
coverage's afforded under these policies will not be canceled or impaired
until at least forty five (45) days prior written notice has been given to the
City. Policies shall be issued by companies authorized to do business
under the laws of the State of Florida. Financial Ratings must not be less
than "A-VI." Insurance shall be in force until the obligations required to
be fulfilled under the tenl1S of the Contract are satisfied. In the event the
insurance certificate provided indicates that the insurance shall terminate
and lapse during the period of this contract, then in that event, the Vendor
shall furnish, at least thirty (30) days prior to the expiration of the date of
such insurance, a renewed certificate of insurance as proof that equal and
like coverage for the balance of the period of the contract and extension
there under is in effect.
23.1.7. Any insurance required of Vendor pursuant to this Agreement must
also be required by any sub-contractor of Vendor in the same limits and
with all requirements as provided herein, including naming the City as an
additional insured, if any work is subcontracted unless such subcontractor
is covered by the protection afforded by the Vendor and provided proof of
such coverage is provided to City. The Vendor and any sub-contractor of
Vendor shall maintain such policies during the term of this Agreement.
Page 16 of30
24.0 Goveminl!; Law. This Agreement shall he governed by the laws ()j the State 0\ Flnnd;i j1]\
venue lying in Miami-Dade County, Florida.
25.0 Extent ofAl'Teement. This Agreement represents the entire and integrated agreement
between the City and the Vendor and supersedes all prior negotiations, representations 1.\1
agreements, either written or oral.
26.0 Waiver of Jury Trial. In the event of any litigation between the parties which in any \Vay
mises out of this Agreement, the parties hereby agree to waive any right to trial by jury.
27.0 RFP. Vendor agrees to comply with any provisions of the RFP which arc not in conflict
with this Agreement, and to comply with and honor any written representations.
clarifications and exceptions made by Vendor during the RFP process.
28.0 Compliance with Law. Vendor shall comply with all applicable laws in the perfonl1ance or
its services hereunder, and represents that it possesses all required licenses mld celiifications
to perfoml the services.
IN WITNESS OF THE FOREGOING, the pmiies have set their hands mld seals the day and year
first written above.
CITY OF BOYNTON BEACH
ATTEST:
BY:
CITY CLERK KURT BRESSNER, CITY MANAGER
APPROVED AS TO FORM:
CITY ATTORNEY
Page 17 of 30
VENDOR
WITNESSES:
BY:
Print Name:
Title:
ATTEST:
SECRETARY
STATE OF
: ss:
COUNTY OF
ON THIS _ day of , 2008, before me, the undersigned notary
public, personally appeared ,personally known to me, or
who has produced as identification, and is the person
who subscribed to the foregoing instrument and who acknowledged that he executed the same on
behalf of said Corporation and that he was duly authorized to do so.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOTARY PUBLIC
Print or Type Name
My Commission Expires:
Page 18 of30
EXHIBIT '"A"
Designated Intersection
Installation of any approach is subject to engineering and video analysis results.
Additional approaches v/ill be selected based on collision history, input and recommendations
from the City's Police Department, and an engineering feasibility assessment. Vendor shall
apply for a pemlit within sixty (60) days of the approval of this Agreement by the Cit:,
Commission.
Vendor will provide the City with video evaluation of candidate sites using the Axsis VII\1S
system to assist the City's Police Department in its recommendations.
The program may be implemented at additional intersections after the conclusion of the Warning
Period. The intersections will be designated by the Police Department, which designation will be
based upon Police Department staff review and an engineering analysis.
Page 19 of30
EXHIBIT "B"
Construction and Installation Obligations
Timeframe for Installation: Traffic Safety Camera Program
Vendor will have each specified intersection installed and activated in phases in accordance with
an implementation plan to be mutually agreed to by Vendor Traffic Systems and the City
Manager.
Vendor will use reasonable commercial efforts to install the system in accordance with the
schedule set forth III the implementation plan that will be formalized upon proj ect
commencement.
Vendor will use reasonable commercial efforts to install and activate all specified intersection
within forty-five (45) days subsequent to receipt of all permits required by section 1.4 of this
Exhibit B.
l. Vendor Obligations. Vendor shall do or cause to be done each of the following (in each case,
unless otherwise stated below, at Vendor's sole expense):
1.1. Appoint the Vendor Project Manager and a project implementation team
consisting of between one (1) and four (4) people to assist the Vendor Project
Manager;
1.2. Request current "as-built" electronic engineering drawings for the Designated
Intersections (the "Drawings") from the County traffic engineer;
1.3. Develop and submit to the City for approval construction and installation
specifications in reasonable detail for the Designated Intersection, including but
not limited to specifications for all radar sensors, pavement loops, electrical
connections and traffic controller connections, as required; and
1.4. Seek approval from the relevant Governmental Authorities having authority or
jurisdiction over the construction and installation specifications for the
Designated Intersection (collectively, the "Approvals"), which will include
compliance with City permit applications.
1.5. Seek rights from private property owners, as necessary for the placement of
System Equipment at designated intersections where Governmental Authorities
have jurisdiction over the designated intersection and adjacent rights of right of
way, and such governmental Entity denies authority to Vendor for the installation
of its equipment.
1.6. Finalize the acquisition of the Approvals;
1. 7. Submit to the City a public awareness strategy for the City's consideration and
approval, which strategy shall include media and educational materials for the
City's approval or amendment according to the ATS proposal (the "Awareness
Strategy");
Page 20 of 30
J .S Develop the Red Light Infl"action Criteria III Lll!1sldtation \\11h the ( 11\.
1.9. Develop the Enforcement Documentation fl)]" approval bv the CIty, conSISlen\
with the requirements of the City Ordinance;
1.10. Complete the installation and testing of all necessary Equipment, including
hardware and software, at the Designated Intersections (under the supervision of
the City);
1.ll. Cause an electrical sub-contractor to complete all reasonably necessary electrical
work at the Designated Intersections, including but not limited to the installation
of all related Equipment and other detection sensors, poles, cabling,
telecommunications equipment and wiring, which work shall be performed 111
compliance with all applicable local, state and federal laws and regulations;
1.12. Install and test the functionality of the Designated Intersections with the Venoor
System and establish fully operational Infraction processing capability with tlK'
Vendor System;
1.13. Implement the use of the Vendor System at each of the Designated Intersections:
1.14. Deliver the Materials to the Citv:
1.15. Issue Notices of Infraction, and if the civil penalty is unpaid or the alleged
violator requests a hearing, issue Notices of Hearing for Authorized Infractions
pursuant to City Ordinance;
1.16. Obtain access to the records data of the Department of Motor Vehicles 111
Vendor's capacity as needed for the program; and,
1.17. Vendor shall provide training for personnel of the City, including, but not limited
to, the persons who City shall appoint as Authorized Employees and other persons
involved in the administration of the TSCP, regarding the operation of the Vendor
System and the TSCP. This shall include training with respect to the Vendor
System and its operations, strategies for presenting Infractions Data in court and
judicial proceedings and a review of the Enforcement Documentation;
1.18. Interact with court and judicial personnel, including the City's hearing officer tll
address Issues regarding the implementation of the Vendor System, the
development of a subpoena processing timeline that will pemlit the ofTering l)r
Infractions Data in hearings and judicial proceedings, and coordination bet\veen
Vendor, the City and the City's Hearing officer: and
1.] 9. Provide reasonable public relations resources and media materials to the City 111
the event that the City elecls lo conduct a public launch ofrhe TSCP.
1.20. Notice of Infraction processing and Notice of Infraction re-issuance, as \vell as
notice of hearing.
Page 21 of 30
2. CITY OBLIGATIONS. The City shall do or cause to be done each of the following (in
each case, unless otherwise stated below, at City's sole expense):
2.1.1. Appoint the Proj ect Manager;
2.1.2. Assist Vendor in obtaining the Drawings from the relevant Governmental
Authorities;
2.1.3. Notify Vendor of any specific requirements relating to the construction and
installation of any Intersection or the implementation of the TSCP;
2.1.4. Assist Vendor in seeking the Approvals
2.1.5. Provide reasonable access to the City's properties and facilities in order to permit
Vendor to install and test the functionality of the Designated Intersections and the
TSCP;
2.1.6. Provide reasonable access to the personnel of the City and reasonable information
about the specific operational requirements of such personnel for the purposes of
performing training;
2.1.7. Seek approval or amendment of Awareness Strategy and provide written notice to
Vendor with respect to the quantity of media and program materials (the
"Materials") that the City will require in order to implement the Awareness
Strategy during the period commencing on the date on which Vendor begins the
installation of any of the Designated Intersection and ending six (6) months after
the Installation Date;
2.1.8. Assist Vendor in developing the Red Light Infraction Criteria; and
2.1.9. Seek approval of the Enforcement Documentation.
2.1.10. The City shall, on a form provided by Vendor, provide verification to the State
Department of Motor Vehicles, National Law enforcement Telecommunications
System, or appropriate authority indicating that Vendor is acting as an Agent of
the Customer for the purposes of accessing vehicle ownership data pursuant to the
list of permissible uses delineated in the Drivers Privacy Protection Act 18 U.S.c.
S 2721, Section (b) (1) and as may otherwise be provided or required by any
provision of applicable state law.
2.1.11. If feasible, and only after all necessary approvals have been obtained from
utilities and other governmental entities with jurisdiction, City shall allow Vendor
to access power from existing power sources at no cost to City and shall allow or
facilitate access to traffic signal phase cOlmections to a pull box, pole base, or
controller cabinet nearest to each Camera System within the City's jurisdiction.
2.1.12. The Police Department shall process each potential violation in accordance with
State Laws and/or City Ordinances within seven (7) business days of its
Page 22 of 30
appearance in the Police Rcview Queue. using AXSIS™ to dctenmne \\ i ih .
violations will be Issued as Citations or I'\otices of Violation ur as SOUl;
reasonably practical in the event of teclmical di t'ficulties. power olltages. or \ ltll\.'1
circumstances beyond the City's control. or with the consent or approva \,\t
Vendor for extension.
2.1.13. City shall provide access to the internet for the purpose of processing violations
and adjudications.
2.1.14. Vendor shall, at no additional cost to the City, provide Police Department
Adjudication workstation computer monitors for citation review and approval
which should provide a resolution of 1280 x 1024, which shall be retumed to
Vendor in the event the Agreement is tenninated_
2.1.15. For optimal data throughput Police Department! Adjudication \vorkstations
should be connected to a high-speed intemet connection \vith bandwidth of T -1 or
greater. Vendor will coordinate directly with the City's Infonnation Technology
(IT) Department on installation and implementation of the computerized aspects
of the program.
2.1.16. Police Department shall provide signatures of all authorized police users who wIll
review events and approve citations on fom1s provided by Vendor.
2.1.17. In the event that remote access to the A TS Axsis VPS System is blocked by
City's network security infrastructure, the City's IT Department and the
counterparts at ATS shall coordinate to facilitate appropriate communications
access while maintaining required security measures.
Page 23 of 30
EXHIBIT "C"
Maintenance
1. All repair and maintenance of Traffic Safety Camera Program systems and related equipment
will be the sole responsibility of Vendor, including but not limited to maintaining the casings
of the cameras included in the Vendor System and all other Equipment in reasonably clean
and graffiti-free condition.
2. Vendor shall not open the Traffic Signal Controller Boxes without a representative of Miami-
Dade County Traffic Engineering present.
3. The provision of all necessary communication, broadband and telephone services to the
Designated Intersections will be the sole responsibility of the Vendor
4. The provision of all necessary electrical services to the Designated Intersections will be the
sole responsibility of the Vendor.
5. In the event that images of a quality suitable for the Authorized Employee to identify
Infractions cannot be reasonably obtained without the use of flash units, Vendor shall provide
and install such flash units.
6. The Vendor Project Manager (or a reasonable alternate) shall be available to the City's
Project Manager each day.
Page 24 of 30
EXHIBIT "D"
Infi-action Processing
I. An Infractions Data shall be stored on the Vendor System;
") The Vendor System shall process Infractions Data gathered from the Designated Intersection
into a format capable of revie\v by the Authorized Employee via the Vendor System;
') The Vendor shall make the initial detennination that the image meets the requirements of thl'
_1.
Ordinance and this Agreement, and is othenvise sufficient to enable the City to meets it:-,
burden of demonstrating a violation of the Ordinance. If the Vendor detern1ines that thl::
standards are not met, the image shall not be processed any fmiher.
4. The Vendor System shall be accessible by the Authorized Employee through a virtual private
network in encrypted [onnat by use of a confidential password on any computer equipped
with a high-speed internet connection and a web browser;
5. Vendor shall provide storage capabilities for the City to store infractions identified for
prosecution for a period of time of not less than four (4) years after final disposition of <l
case.
6. Vendor shall provide the Authorized Emp]oyee \vith access to the Vendor System for the
purposes of reviewing the pre-processed Infractions Data within seven (7) days or the
gathering of the Infraction Data from the applicable Designated Intersections.
7. The City shall cause the Authorized Emp]oyee to review the Infractions Data and to
detennine whether a Notice of Infraction shall be issued with respect to each Potentiai
Infraction captured within such Infraction Data, and transmit each such detem1ination to
Vendor using the software or other applications or procedures provided by Vendor on the
Vendor System for such purpose. VENDOR HEREBY ACKNOWLEDGES AND AGREES
THAT THE DECISION TO ISSUE A NOTICE OF INFRACTION SHALL BE THE SOLE.
UNILA TERAL AND EXCLUSIVE DECISION OF THE AUTHORIZED EMPLOYEE
AND SHALL BE MADE IN SUCH AUTHORIZED EMPLOYEE'S SOLE DISCRETIOT\
(A "NOTICE OF INFRACTION DECISION"), AND IN NO EVENT SHALL VENDOR
HAVE THE ABILITY OR AUTHORIZATION TO MAKE A NOTICE OF INFRACTION
DECISI01'\:
8. With respect to each Authorized Infraction, Vendor shall print and mail a Notice of
Infraction within seven (7) days after Vendor's receipt of such authorization from the City';--
Authorized Employee; provided, however, during the Warning Period, waming Infraction
notices shall be issued in respect of all Authorized Infractions;
9. Vendor shall provide a toll-free telephone number. at its sole expense, for the pUlvoses u t
answering citizen inquiries.
IO. Vendor shall permit the Authorized Employee to generate monthly repOlis using the V cndor
Standard RepOli System.
Page 25 of 30
11. Upon Vendor's receipt of a written request from the City and in addition to the Standard
Reports, Vendor shall provide, without cost to the City, reports regarding the processing and
issuance of Notices of Infraction, the maintenance and downtime records of the Designated
Intersections and the functionality of the Vendor System with respect thereto to the City in
such format and for such periods as the City may reasonably request, without cost to the
City;
12. Upon Vendor's receipt of a written request from the City at least fourteen (14) calendar days
in advance of a hearing, Vendor shall provide expert witnesses for use by the City in
prosecuting Infractions, before the City's hearing officer, at no cost to the City;
13. Vendor shall provide such training to City personnel as shall be reasonably necessary in
order to allow such personnel to act as expert witnesses on behalf of the City with respect to
the Red Light Enforcement Program. However, if a specific case requires testimony on the
technical aspects of the equipment, upon City's request Vendor shall provide the City with an
expert in the hearing in that case at no cost to the City.
14. During the Warning Period, Vendor shall implement a public relations program, in
coordination with the City and upon City's approval, at no cost to the City in accordance
with the elements included in Vendor's proposal dated November 13,2007.
15. Notice of Infraction Form. Vendor shall prepare and provide to City a Notice of Infraction
Form that provides, at a minimum, the following information:
a. name and address of the owner of the vehicle involved in the infraction;
b. the registration number of the vehicle involved in the infraction;
c. a citation to the City's Ordinance violated;
d. the location of the intersection where the infraction occurred;
e. the date and time of the infraction;
f. a copy of the recorded image of the infraction;
g. the amount of fee and charges imposed and the date by which the fee and charges
must be paid or appealed;
h. instructions on all methods of payment for the fee;
l. a clear statement of the time limit to file an appeal and describing the procedure for
appealing the infraction;
J. a statement that the City's traffic infraction officer has reviewed and observed the
recorded images evidencing the violation of the Ordinance and has found reasonable
and probable grounds to believe that an infraction has occurred and can identify the
license tag number of the violating vehicle; and,
Page 26 of 30
k. a conspicuous statement, printed on larger f()nt than the rcmaming statements lIn
Notice of Infraction. and bolded. stating that if the owner of the \eh1C1e fails 11) }1;)'
the civil fee within the time allotted. or fails to timely appeal the infraction. the 0\\ lh.'
sha]] be deemed to have \vaived his or her right to contest the infraction_ and h,l:->
admitted to the infraction reflected in the Notice of Infraction.
16. Vendor agrees that the City shall have the right to revie\v and approve the fonn Notice u (
Infraction prior to its use, and that in the event City detenl1ines additional infol111ation should
be included in the Notice of Infraction, Vendor shall modify the Notice of Infraction form. at
its sole expense, to comply \vith those requirements.
17. For any city using ATS lockbox or epayment services, Vendor \vill establish a demand
deposit account bearing the title, "American Traffic Solutions, Inc. as agent for Customer" at
U.S. Bank. All funds collected on behalf of the Customer will be deposited in this account
and transferred by wire the first business day of each week to the Customer's primary deposit
bank. The Customer will identify the account to receive funds \vired from U.S. Bank. I (
desired, Customer will sign a W -9 and blocked account agreement, to be completed b.y the
Customer, to ensure the Customer's financial interest in said U.S. Bank account is preserved.
18. Vendor is authorized to charge, collect and retain a convenience fee of 54.00 each Ie)!"
electronic payments processed. Such fee is paid for by the violator.
Page 27 of 30
Exhibit "E"
Additional Rights and Obligations
V endor and the City shall respectively have the additional rights and obligations set forth below:
1. Vendor shall assist the City in public information and education efforts, including but not
limited to the development of artwork for utility bill inserts, press releases and schedules for
any public launch of the TSCP, as offered in the Vendor's proposal.
2. Vendor shall be solely responsible for installing such Signage as required by City Ordinance.
The Vendor shall be solely responsible for the fabrication of any signage, notices, or other
postings required pursuant to any law, rule, or regulation of any Governmental Authority
("Signage"), including, but not limited to, the City and County Ordinances, State Statutes,
and Florida Department of Transportation (FDOT) Regulations and shall assist in
determining the placement of such Signage. Vendor shall be responsible for obtaining all
necessary approvals from Governmental Authorities.
3. The Vendor Project Manager and the Project Manager shall meet on a weekly basis during
the period commencing as of the date of execution hereof and ending on the termination of
the Warning Period Date, and on a monthly basis for the remainder of the Term, at such
times and places as the Vendor Project Manager and the City Project Manager shall mutually
agree.
4. The City shall not access the Vendor System or use the TSCP Program in any manner other
than prescribed by law and which restricts or inhibits any other Person from using the
Vendor System or the Vendor Photo Enforcement Program with respect to any Intersection
constructed or maintained by Vendor for such Person, or which could damage, disable,
impair or overburden the Vendor System or the Vendor Photo Enforcement Program, and the
City shall not attempt to gain unauthorized access to (i) any account of any other Person, (ii)
any computer systems or networks connected to the Vendor System, or (iii) any materials or
information not intentionally made available by Vendor to the City by means of hacking,
password mining or any other method whatsoever, nor shall the City cause any other Person
to do any ofthe foregoing.
5. The City shall maintain the confidentiality of any username, password or other process or
device for accessing the Vendor System or using the TSCP.
6. Each of Vendor and the City shall advise each other in writing with respect to any applicable
rules or regulations governing the conduct of the other on or with respect to the property of
such other party, including but not limited to rules and regulations relating to the
safeguarding of confidential or proprietary information, and when so advised, each of Vendor
and the City shall reasonably follow any and all such rules and regulations.
7. The City shall promptly reimburse Vendor for the cost of repairing or replacing any portion
of the Vendor System, or any property or equipment related thereto, damaged solely and
Page 28 of 30
directly by the City, or any of lis employees. conlraclors ur agents [n .III olhLr I11s1am~
such costs shall be solely the Vendor's costs.
Page 29 of 30
EXHIBIT "F"
COMPENSATION & PRICING
Per Paid Fee
There will be no charge to City during the Warning Period, and Vendor shall not receive any
compensation for any notices sent during the Warning Period.
At the conclusion of the Waming Period, and once Notices of Infractions are issued, Vendor
shall be compensated as follows:
Per Camera Paid Notices
1 st Tier Fee: First 2 paid notices per day in a month, per camera (i.e. first 60 paid per month)
$47.50 each
2nd Tier Fee: Next 2 paid notices per day in a month, per camera (i.e. 61-149 paid per month)
$27.50 each
3rd Tier Fee All other paid notices in a month, per camera (i.e. 150+ paid per month)
$17.50 each
If the average number of paid notices is 2 or fewer per day in a month, per camera the Vendor
shall receive all revenues collected for the billing period.
Page 30 of 30