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Agenda 10-01-13 Searchable The City of The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, OCTOBER 1, 2013 6:30 PM FINAL AGENDA City Commission AGENDA Jerry Taylor Mayor – At Large Woodrow L. Hay Vice Mayor – District II David T. Merker Commissioner – District I Michael M. Fitzpatrick Commissioner – District III Joe Casello Commissioner – District IV Lori LaVerriere City Manager James Cherof City Attorney Janet M. Prainito City Clerk Visit our Web site www.boynton–beach.org Breeze into Boynton Beach – America’s Gateway to the Gulfstream WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action.  Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group.  Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda.  Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue.  Public Hearings: Any citizen may speak on an official agenda item under the section entitled “Public Hearings.”  Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission – Time Limit – Three (3) Minutes  Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances – Time Limit – Three (3) minutes ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule – some meetings have been moved due to Holidays/Election Day). 2 of 424 1. OPENINGS A. Call to order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Casello D. Brand Promise Statement E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational Items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Presentation of a plaque of appreciation by the Mayor and Sr. Recreation Manager Virginia Shea to Savannah Lashley in recognition of her outstanding service in support of the Recreation & Parks Department and a brief PowerPoint presentation of the project. B. Proclaim October 2013 as Reading and Literacy Month. Accepting the proclamation will be Darlene Kostrub, Chief Executive Officer and John Bartosek, Communications Officer. C. Pursuant to Section 286.011(8), Florida Statutes, I am requesting a private attorney-client session of the City Commission to discuss pending litigation in the following case: 1. BOYNTON OLD SCHOOL PARTNERSHIP, LLC., Plaintiff vs. CITY OF BOYNTON BEACH, Defendant - Case No. 502013CA011391XXXXMB AH (Breach of Contract) 2. BOYNTON OLD SCHOOL PARTNERSHIP, LLC., Petitioner vs. CITY OF BOYNTON BEACH, Respondent - Case No. 502013CA011436XXXXMB AY (Writ of Certiorari) 4. 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) 3 of 424 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following openings exist: Arts Commission: 1 regular and 2 alternates Building Board of Adjustment and Appeals: 3 regulars and 2 alternates Code Compliance Board: 2 alternates Community Relations Board: 3 regulars and 1 alternate Education & Youth Advisory Board: 1 alternate Financial Advisory Committee: 2 regulars and 2 alternates Historic Resource Preservation Board: 1 alternate Library Board: 2 alternates Recreation and Parks Board: 1 regular and 1 alternate Planning and Development Board: 1 regular and 2 alternate Senior Advisory Board: 3 regulars and 1 alternate Special Events Ad Hoc Committee: 1 regular and 1 alternate 6. 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. Approve the Bid for "ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES" Bid # 066-1412-13/MFD to the following four (4) companies: Ferguson, Fortiline Waterworks, HD Supply and Lehman Pipe on an overall basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of $50,000, items will be ordered on an "AS NEEDED BASIS". B. Approve the Bid for "ANNUAL BID FOR THE PURHCASE OF CLEANING CHEMICALS AND JANITORIAL SUPPLIES" Bid # 064-1412-13/MFD to the following eight (8) companies: All American Poly, Calico Industries, Central Poly, Clean All Products, Dade Paper, HD Supply, Neeld Paper and Pyramid School Products on an overall basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of $70,000. These items will be purchased on an "AS NEEDED BASIS". PROPOSED RESOLUTION NO. R13-103 C. - Approve the revision to the Building Division fee schedule to add a category for streamlined low-voltage permitting. D. Approve the Bid for "ANNUAL SUPPLY OF PIPE FITTINGS AND ACCESSORIES" Bid # 067-1412-13/MFD to the following four (4) companies: Ferguson, Fortiline Waterworks, HD Supply Waterworks and Mariflow and on an overall basis, to the lowest, most responsive, responsible bidders who met 4 of 424 all specifications with an estimated annual amount of $95,000. These items will be purchased on an "AS NEEDED BASIS". E. Accept the FY 2012 -13 Budget Status Report of the General Fund & Utility Fund for the eleven (11) month period ended August 31, 2013. PROPOSED RESOLUTION NO. R13-104 F. - Amend the FY 2012-2013 budget to adjust budgeted appropriations to provide spending authority to maintain and carry on the government of the City of Boynton Beach including operating expenditures, transfers to other funds, and necessary capital outlay for FY 2012-2013. G. Approve payment to E-S Press Inc. in the amount of $10,881.38 to prepare/present a course on Emotional Survival for Law Enforcement facilitated Dr. Kevin Gilmartin and to waive the requirement to obtain three (3) written quote requirement due to the specific nature of this training course. To be paid from the Law Enforcement Education Fund. PROPOSED RESOLUTION NO. R13-105 H. - Approve and authorize signing of an Agreement for Water Service outside the City Limits with D R Horton, Inc., (Vista Lago) for the property at 7080 Hypoluxo Farms Road, Lake Worth, FL. This property will contain 106 single family homes and clubhouse/pool. PROPOSED RESOLUTION NO. R13-106 I. - Approve and authorize signing of an Agreement for Water Service outside the City Limits with CA Miami 7788 OMT LLC, dba Franklin Academy-Boynton for the property at 7928 S. Military Trail, Boynton Beach, FL. This property is used for a K-8 Charter School with an estimated 1,340 students. PROPOSED RESOLUTION No. R13-107 J. - Approve a Professional Agreement between Ballard Partners, Inc. of Tallahassee, FL and the City of Boynton Beach for "Appropriation Lobbyist Services"; RFP No. 075-1210-13/JMA for an annual amount of $50,000 plus expenses for the Fiscal Year 2013/14. K. Approve the minutes from the Regular City Commission meeting held on September 17, 2013 7. BIDS AND PURCHASES OVER $100,000 A. Approve the issuance of a blanket purchase order for Fiscal Year 2013/2014 with the United States Post Office (USPS) in the amount of $140,000.00. B. Award the piggy-back of the State of Florida Contract # 863-000-10-1 for "New Tires" to : Easy Pay Tires, as the primary vendor , as a responsive, responsible bidder who met all specifications. Estimated contract expenditure is $175,000. C. Approve the one-year renewals to piggybacked bids for the procurement of chemicals for the Water Treatment Plants as outlined in the written report for October 2013 - "Request for Bid Extensions and Piggybacks". 5 of 424 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 9. PUBLIC HEARING 7 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 . PROPOSED ORDINANCE NO. 13-024 - FIRST READING A. - Request abandonment of portions of a 12 foot-wide Utility Easement located at Compson Place at Renaissance Commons, 1831 Renaissance Commons Boulevard, zoned SMU (Suburban Mixed Use). Applicant: Anthony (TABLED ON SEPTEMBER Comparato, Compson Place Apartments, LLC. 17, 2103) 10. CITY MANAGER’S REPORT PROPOSED RESOLUTION NO R13-108 A. - Approve the request from the Florida Fishing Academy, Inc. to amend their lease agreement with the City for the use of the Bait Shop building at Oyer Park to also include the sale of various fishing related supplies and equipment. B. Evaluate the Special Event Ad Hoc Advisory Committee to determine if the committee will become permanent or be disbanded. 11. UNFINISHED BUSINESS None 12. NEW BUSINESS None 13. LEGAL PROPOSED ORDINANCE NO. 13-026 - SECOND READING - PUBLIC A. HEARING - Approve the historic designation application for the Boynton Hills Lights located along NW 1st Street, Boynton Beach. PROPOSED ORDINANCE NO. 13-027 - SECOND READING - PUBLIC B. HEARING - Approve amendments to the Mobile Vending Unit regulations of the Land Development Regulations, Part III - Chapter 1, Article II; Chapter 2, Article II, and Chapter 3, Article V. 6 of 424 PROPOSED ORDINANCE NO. 13-028 – FIRST READING C. - Adopt the update to the Boynton Beach Administrative Amendments to the 2010 Florida Building Code adding a manufacturing equipment permit valuation exemption. 14. FUTURE AGENDA ITEMS A. Announcement of Public Meeting to be held at the Carolyn Sims Center at Wilson Park (225 NW 12th Avenue) on October 24, 2013 at 6:30 p.m. for the purpose of updating the Heart of Boynton Community Redevelopment Plan B. Renaming of Oceanfront Park - 10/15/13 C. Approve amended Ordinance providing for use of Special Magistrate for Code Enforcement/Lien Reduction Hearings - 10-15-13 15. BRAND PROMISE STATEMENT "BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE GULFSTREAM" 16. 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 DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE (561) 742-6060 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. 7 of 424 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS October 1, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 1, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Presentation of a plaque of appreciation by the EQUESTED CTION BY ITY OMMISSION Mayor and Sr. Recreation Manager Virginia Shea to Savannah Lashley in recognition of her outstanding service in support of the Recreation & Parks Department and a brief PowerPoint presentation of the project. ER: As part of her efforts to earn the “Gold Award”, which is the XPLANATION OF EQUEST highest level of achievement for Girl Scouts, Savannah decided to make improvements th to Forest Hills Park (2500 S.W. 8 Street). She coordinated the painting of the sound barrier wall along I-95 by the Department of Transportation; the donation and delivery of ADA accessible and regular mulch for the playground; the donation and delivery of new clay for the baseball/softball field; and painted and cleaned various park furniture and equipment. As a result of Savannah’s efforts, the Park now looks better than ever. H? This provided a much needed face OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES lift to Forest Hills Park. FI: The City provided four gallons of paint and three gallons rust remover, ISCAL MPACT while Savannah provided many volunteer hours of labor and coordination over the four weeks to complete the project. A: Do not present the plaque. LTERNATIVES 8 of 424 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS October 1, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: 09/17/13 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Proclaim October 2013 as Reading and Literacy EQUESTED CTION BY ITY OMMISSION Month. Accepting the proclamation will be Darlene Kostrub, Chief Executive Officer and John Bartosek, Communications Officer. ER: Marking the 8th year of the Read for the Record Campaign, XPLANATION OF EQUEST the Literacy Coalition has designated October 2013 as Reading and Literacy Month in order to encourage the community to participate in reading development programs for children. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Do not present the proclamation. LTERNATIVES 9 of 424 Proclamation WHEREAS, reading on grade level is of vital concern to the wellbeing of our children and to their future productivity as adults and in maintaining the quality of life in Boynton Beach; and WHEREAS, the Literacy Coalition and Children’s Services Council are involving our community and county in the national Campaign for Grade Level Reading; and WHEREAS, the Campaign for Grade Level Reading focuses our community on the importance of getting children prepared to enter school ready to learn, as well as continuing to learn during the summer months; and WHEREAS, the Literacy Coalition and Children’s Services Council are asking schools and parents to work with them to reduce chronic absenteeism through the “You Have to be Present to Win” effort; and WHEREAS, the City of Boynton Beach commits to participate in the Literacy Coalition’s Read for the Record Campaign reading Otis, by Loren Long, in childcare centers and schools throughout the City on October 3, 2013. NOW, THEREFORE, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim October 2013 as: Reading and Literacy Month IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton st Beach, Florida, to be affixed at Boynton Beach, Florida the 1 day of October, Two Thousand and Thirteen. ______________________ Jerry Taylor, Mayor ATTEST: _____________________ City Clerk (Corporate Seal) 10 of 424 3. C ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS October 1, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 1, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Pursuant to Section 286.011(8), Florida Statutes, I EQUESTED CTION BY ITY OMMISSION am requesting a private attorney-client session of the City Commission to discuss pending litigation in the following case: 1. BOYNTON OLD SCHOOL PARTNERSHIP, LLC., Plaintiff vs. CITY OF BOYNTON BEACH, Defendant - Case No. 502013CA011391XXXXMB AH (Breach of Contract) 2. BOYNTON OLD SCHOOL PARTNERSHIP, LLC., Petitioner vs. CITY OF BOYNTON BEACH, Respondent - Case No. 502013CA011436XXXXMB AY (Writ of Certiorari) ER: In attendance will be Mayor Jerry Taylor, Vice Mayor Woodrow XPLANATION OF EQUEST Hay, Commissioners David Merker, Michael Fitzpatrick and Joe Casello, City Attorney James Cherof, Assistant City Attorney Michael D. Cirullo, Jr., Special Litigation Counsel Lyman Reynolds, and City Manager Lori LaVerriere. One Hour is requested. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: N/A LTERNATIVES 11 of 424 5. A ADMINISTRATIVE October 1, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 1, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Appoint eligible members of the community to EQUESTED CTION BY ITY OMMISSION serve in vacant positions on City advisory boards. The following openings exist: Arts Commission: 1 regular and 2 alternates Building Board of Adjustment and Appeals: 3 regulars and 2 alternates Code Compliance Board: 2 alternates Community Relations Board: 3 regulars and 1 alternate Education & Youth Advisory Board: 1 alternate Financial Advisory Committee: 2 regulars and 2 alternates Historic Resource Preservation Board: 1 alternate Library Board: 2 alternates Recreation and Parks Board: 1 regular and 1 alternate Planning and Development Board: 1 regular and 2 alternate Senior Advisory Board: 3 regulars and 1 alternate Special Events Ad Hoc Committee: 1 regular and 1 alternate . ER: The attached list contains the names of those who have XPLANATION OF EQUEST applied for vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission member having responsibility for the appointment to fill each vacancy. H? Appointments are necessary to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES keep our Advisory Boards full and operating as effectively as possible. 12 of 424 FI: None ISCAL MPACT A: Allow vacancies to remain unfilled. LTERNATIVES 13 of 424 14 of 424 15 of 424 16 of 424 17 of 424 18 of 424 19 of 424 20 of 424 6. A CONSENT AGENDA October 1, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 1, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the Bid for "ANNUAL SUPPLY OF EQUESTED CTION BY ITY OMMISSION BRASS FITTINGS AND ACCESSORIES" Bid # 066-1412-13/MFD to the following four (4) companies: Ferguson, Fortiline Waterworks, HD Supply and Lehman Pipe on an overall basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of $50,000, items will be ordered on an "AS NEEDED BASIS". BT: O2,2013–O1,2014 ID ERMCTOBER CTOBER ER: On August 19, 2013 Procurement Services opened and XPLANATION OF EQUEST tabulated four (4) bids for Brass Fittings and Accessories. All bids were reviewed by the Warehouse Manager. It was determined to recommend this award in part to all (4) . companiesThe award is as follows: Ferguson 24 items ** Fortiline Waterworks 61 items * (**) HD Supply 4 items Lehman Pipe 36 items * No Bid 2 items Total 127 items 21 of 424 * The following vendors have a minimum dollar amount per order. If we do not meet the minimum, we will go with the second vendor (if they honor the price) or go out for quotes. Fortiline $75.00 per order Lehman Pipe $25.00 per order ** The following items have two (2) vendors with the lowest bid. We will determine where to get the items from at the time of the order. It will mainly depend on who can get it to us the quickest. Items 19,21 The bid will be for the period of 10/2/13 to 10/1/14 and allow for two (2) additional one (1) year extensions at the same terms, conditions with an option for an incremental increase in price subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. Last year’s expenditures were $43,059.97 and the previous year’s expenditures were $40,452.03. PROGRAM IMPACT: The purpose of this bid is to secure a source of supply for the purchase of Brass Fittings and Accessories. These supplies will be ordered on an “AS NEEDED BASIS” and stocked within the City’s Warehouse. FI:ACCOUNT NUMBER ESTIMATED ISCAL MPACT WAREHOUSE STOCKANNUAL EXPENDITURE 502-0000-141-01-00 $50,000 A: Obtain quotes on an “as needed” basis which would not be cost LTERNATIVES effective. 22 of 424 The City of Boynton Beach Finance Department WAREHOUSE DIVISION TO: Tim Howard, Director of Financial Services FROM: Michael Dauta, Warehouse Manager DATE: September 5, 2013 SUBJECT: Brass Bid # 066-1412-13/MFD I reviewed the tabulation sheet sent from your office. My recommendation is a multi-award to overall low vendor. The evaluating factor used was price. Last year’s expenditures were $40,452.03. The previous year’s expenditures were $43,059.97. This year’s expenditures will be an estimated $50,000. Ferguson Item(s) # 16,18,19,21,22,25,26,28,65,70,73,78,80,81,82,94,98,99,118,119,120,121,122,123 Fortiline Waterworks Item(s) # 15,17,19,20,21,22,23,24,25,27,29,30,38,39,40,41,42,43,44,45,61,62,63,64,66,67,68,69, 71,72,74,75,76,77,79,86,87,88,89,90,95,96,97,100,101,102,103,104,105,106,107,108, 109,110,111,112,113,114,115,116,117 HD Supply Item(s) # 83,84,85,91 Lehman Pipe 23 of 424 Item(s) # 1,2,3,4,5,6,7,8,9,10,11,12,13,14,31,32,33,34,35,36,37,46,47,48,49,50,51,52,53,54,55,56, 57,58,59,60 No Bid Item(s) # 92,93 The following items have two (2) vendors with the lowest bid. We will determine where to get the items from at the time of the order. It will mainly depend on who can get it to us the quickest. 19,21,22,25 * The following vendors have a minimum dollar amount per order. If we do not meet the minimum, we will go with the second vendor (If they honor the price) or go out for quotes. Fortiline $75.00 per order Lehman Pipe $50.00 per order In addition, the following vendors included a discount of cost plus % for all items not listed on the bid. Ferguson 25% Fortiline 40-50% HD Supply Cost plus 15% Lehman Pipe 4.75 – 13.5% 24 of 424 25 of 424 26 of 424 27 of 424 28 of 424 29 of 424 30 of 424 31 of 424 32 of 424 33 of 424 34 of 424 35 of 424 36 of 424 37 of 424 38 of 424 39 of 424 40 of 424 6. B CONSENT AGENDA October 1, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 1, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the Bid for "ANNUAL BID FOR THE EQUESTED CTION BY ITY OMMISSION PURHCASE OF CLEANING CHEMICALS AND JANITORIAL SUPPLIES" Bid # 064-1412- 13/MFD to the following eight (8) companies: All American Poly, Calico Industries, Central Poly, Clean All Products, Dade Paper, HD Supply, Neeld Paper and Pyramid School Products on an overall basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of $70,000. These items will be purchased on an "AS NEEDED BASIS". : O2,2013–O1,2014 BID TERMCTOBER CTOBER ER: On August 12, 2013 Procurement Services opened and XPLANATION OF EQUEST tabulated eight (8) bids for Cleaning Chemicals and Janitorial Supplies. All bids were reviewed by the Warehouse Manager. It was determined to recommend this award in . part to all eight (8) companies with some exceptionsThe award is as follows: All American Poly - 1 Item Calico Industries - 16 Items Central Poly - 1 Item Clean All Products - 2 Items Dade Paper - 3 Items HD Supply 2 Items Neeld Paper and Supply - 12 Items * Pyramid - 7 Items * Total 44 Items 41 of 424 * Exceptions: The following vendors require a minimum dollar amount per order. We should be able to meet these minimums. If not, we will go to the next lowest vendor (If the honor the price) or go out for quotes:  Neeld Paper $200 per order  Pyramid $50 per order There were some items that were not awarded to the lowest vendor due to the vendor’s minimum quantity per order. These items went to the next lowest vendor with a minimum that was acceptable. Examples are Dade Paper, for Item # 12, is asking for a minimum quantity of 150 each per order. We only order 36 at the most and keep about 48 in stock. Pyramid School, for Item # 7, is asking for a minimum quantity of 12 each per order. We only order 2 at the most and keep about 2 in stock. The bid will be for the period of 10/2/13 to 10/1/14 and allow for two (2) additional one (1) year extensions at the same terms, conditions with an option for an incremental increase in price subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. Last year's expenditures were $66,791.25, the previous year’s expenditures were $54,754.69. PROGRAM IMPACT: The purpose of this bid is to secure a source of supply for the purchase of cleaning chemicals and janitorial supplies. These supplies will be ordered on an “AS NEEDED BASIS” and stocked within the City’s Warehouse. FI:ACCOUNT NUMBER ESTIMATED ISCAL MPACT WAREHOUSE STOCKANNUAL EXPENDITURE 502-0000-141-01-00 $70,000 A: Obtain quotes on an “as needed” basis which would not be cost LTERNATIVES effective. 42 of 424 The City of Boynton Beach Finance Department WAREHOUSE DIVISION TO: Tim Howard, Director of Financial Services FROM: Michael Dauta, Warehouse Manager DATE: September 5, 2013 SUBJECT: Janitorial Bid # 064-1412-13/MFD I reviewed the tabulation sheet. My recommendation is a multi-award to overall low vendor with some exceptions. The evaluating factors used were A) Pricing; B) Ordering minimum. Last year’s expenditures were $66,791.25. The previous year’s expenditures were $54,754.69. This year’s expenditures will be an estimated $70,000. Awarded Items: All American Poly Item(s) # 44 Calico Industries of Florida Item(s) # 1,4,5,6,7,8,12,14,15,22,23,36,38,40,41,42 Central Poly-Bag Item(s) # 3 Clean All Products Item(s) # 32,33 43 of 424 Dade Paper & Bag Item(s) # 19,34,35 HD Supply Facilities Maintenance Item(s) # 21,39 Neeld Paper and Supplies Item(s) # 2,11,13,16,17,18,27,28,29,30,31,43 Pyramid School Products Item(s) # 9,10,20,24,25,26,37 There were some items that were not awarded to the lowest vendor due to the vendor’s minimum quantity per order. These items went to the next lowest vendor with a minimum that was acceptable. Examples are Dade Paper, for Item # 12, is asking for a minimum quantity of 150 each per order. We only order 36 at the most and keep about 48 in stock. Pyramid School, for Item # 7, is asking for a minimum quantity of 12 each per order. We only order 2 at the most and keep about 2 in stock. Neeld Paper has a minimum dollar amount per order of $200. Pyramid School has a minimum dollar amount per order of $50. We should be able to meet these minimums with our orders. If not, we will go with the next lowest vendor. In addition, the following vendors included a discount of percentage off list for all items not listed on the bid. All American Poly 5% Calico 20% Clean All 15% Neeld 15% Pyramid 10% 44 of 424 45 of 424 46 of 424 47 of 424 48 of 424 49 of 424 50 of 424 51 of 424 52 of 424 53 of 424 54 of 424 55 of 424 56 of 424 57 of 424 58 of 424 59 of 424 60 of 424 6. C CONSENT AGENDA October 1, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 1, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R13-103 - EQUESTED CTION BY ITY OMMISSION Approve the revision to the Building Division fee schedule to add a category for streamlined low- voltage permitting. th ER: On June 14, 2013 the Governor approved HB 973 “Low- XPLANATION OF EQUEST st Voltage Systems” which is set to become effective on October 1, 2013. Based on the new Florida Statute 553.793, the state legislature instituted a requirement for local jurisdictions to create a streamlined process to issue low voltage permits; known as “Streamlined low-voltage alarm system installation permitting”. “Low-voltage alarm system” means a project related to the installation, maintenance, inspection, replacement, or service of a new or existing alarm system, as defined in s. 489.505, operating at low voltage, as defined in the National Electrical Code Standard 70, Current Edition, and ancillary components or equipment attached to such a system, including, but not limited to, home-automation equipment, thermostats, and video cameras. Additionally as part of the new state statue the legislature limited the cost of the streamlined low voltage permits to be not more than $55.00. Based on this requirement it is necessary to update the Building Division fee schedule and add a category of permits for this new process because our minimum building permit fee is $75.00 which is higher than $55.00. 61 of 424 Also as part of this update the Building Division is adding the Penalty Wavier Application Fee which was inadvertently left off the fee schedule on the previous approval. H? None OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: In the period from 9/1/12 to 8/31/13 the Building Division issued 164 ISCAL MPACT burglar alarm permits; based on the allowable fee of $55.00 instead of the City’s minimum fee of $75.00 the projected net loss in revenue would have been $3,280 for that period. A: None LTERNATIVES 62 of 424 RESOLUTION NO. R13-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVE AMENDMENT TO THE BUILDING DIVISION FEE SCHEDULE TO ADD A CATEGORY FOR STREAMLINED LOW-VOLTAGE PERMITTING, AND PROVIDING AN EFFECTIVE DATE WHEREAS, on June 14, 2013 the Governor approved House Bill 973 “Low Voltage Systems” which becomes effective on October 1, 2013; and WHEREAS, based on the new Florida Statute 553.793, the state legislature instituted a requirement for local jurisdictions to create a streamlined process to issue low voltage permits; known as “Streamlined low-voltage alarm system installation permitting”; and WHEREAS, the City Commission for the City of Boynton Beach finds that the adoption of these amendments to the Building Division fee schedule is necessary and is in the best interest of the health, safety and welfare of the citizens or residents of Boynton Beach. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The above referenced whereas clauses are incorporated herein by reference. Section 2. The Building Division Fees attached hereto as Exhibit “A”, incorporated herein by reference, are hereby adopted as the fee schedule for those related activities as indicated on the Fee Schedule. A copy of the Fee Schedule shall be maintained and made available for public inspection in the City Clerk’s office as well as the Planning and Zoning Department. Section 3. This Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED this _______ day of October, 2013. CITY OF BOYNTON BEACH, FLORIDA 63 of 424 ____________________________________ Mayor – Jerry Taylor ____________________________________ Vice-Mayor – Woodrow L. Hay ____________________________________ Commissioner – David T. Merker ____________________________________ Commissioner – Michael M. Fitzpatrick ____________________________________ Commissioner – Joe Casello ATTEST: ________________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 64 of 424 BUILDING DIVISION FEES (Resolution #13-____, Adopted 10/01/13) I. PRIMARY PERMIT FEES: (A) Plan Review Fee: The plan review fee will be credited against the actual cost of the building permit at the time of permit issuance. If a permit is not issued for any reason subsequent to plan review, the City will retain the plan review fee (non- refundable). (1) Minimum fee; or………………………………………………………….………….............$75.00 (2) 1.0% of the construction value, whichever is greater………………….............................1.0% (B) Construction Permit Fee: (All types) (1) Minimum fee; or…………………………………………………………….........................$75.00 (2) 2.3% of the construction value, whichever is greater………………………………………2.3% (3) Low voltage streamline permitting………………………………………………………....$55.00 (C) Resubmittal Fee: (Paid at time of resubmittal) (1) First Resubmittal………………………………………………………………………...No Charge (2) Second re-submittal (Rejection for same comments) (i) Minimum fee; or.………………………………………………………………................$50.00 (ii) 10% of original permit fee, whichever is greater.…………………….………………..10.0% (3) Third re-submittal and subsequent re-submittal (Rejection for same comments) (i) Four times the original permit fee (Charged per 553.80 Florida Statue)........................4X (D) Revision Fee: (1) Minimum fee; or…………………………………………………………………..................$50.00 (2) $10.00 per page; or………………………………………………………………................$10.00 (3) 2.3% of the revision value, whichever is greater……………………………………………2.3% (E) Stocking Permit Fee:……………………………………………………………………………….$200.00 (F) Certificate of Use Fee: (1) Minimum fee; plus………………………………………………………………..................$75.00 (2) $30.00 any additional required inspection………...……………………………………....$30.00 (G) Department of Community of Affairs (DCA) Fee: (1) Minimum fee; or…………………………………………………………………....................$2.00 (2) 1.5% of the permit fee costs; whichever is greater………………………………..............1.5% (H) Department Business and Professional Regulation (DBPR) Fee: (1) Minimum fee; or…………………………………………………………………....................$2.00 65 of 424 (2) 1.5% of the permit fee costs; whichever is greater………………………………..............1.5% (I) Green Building Fee: (1) 0.011% of the construction value……………………………………….…………………0.011% (J) Failure to Obtain Permit Fee (Penalty Fee): (1) Four (4) times permit fee; subject to review by Building Official…………………................4X II. ADMINISTRATIVE FEES: (A) Alternate Method and Material Processing:…..……………………………………………….$150.00 (B) Building Board of Adjustments and Appeals:…..…………………………………………….$250.00 (C) Certificate of Occupancy: 24 hours (1) notice……………………………………………………………….................No charge Less than 24-hour (2) notice…………………………………………………………………..$200.00 (D) Change of Contractor and/or Subcontractor Fee:……………………………………………..$35.00 (E) Penalty Fee Waiver: …………………………………………………………………………………$35.00 (F) Early Construction Authorization Fee:………………………………………………..………..$500.00 (G) Early Power Release: …..………………………………………………………………………….$150.00 (H) FPL Meter Placement Fee:…...……………………………………………………………………..$50.00 (I) Local Product Approval Fee:…...………………………………………………………………$1,500.00 (J) Permit Application Extension Fee: (Maximum of three) First (1) Extension…………………………………………………………………………………….$ 50.00 Second Extension (2) ………………………………………………………………………………$75.00 Third (3) Extension…………………………………………………………………………………..$1 00.00 (K) Permit Extension Fee: (Prior to expiration) (1) First Extension……………………………………………………………………................$ 50.00 (2) Second Extension……………………………………………………………………………$75. 00 66 of 424 (3) Third Extension……………………………………………………………………………..$1 00.00 (4) Permit Extension for period beyond 90 days…………………………………………….$250.00 (L) Permit Reinstatement Fee: (Subject to approval by Building Official) (1) Within 180 days of inactive status………………………………………………………….$75.00 (2) After 180 days of inactive status (i) Minimum Fee; or…………………………………………………………………………..$75.00 (ii) 30% of original permit fee, whichever is greater………………………………………30.0% (M) Professional Services: ($50.00/hour or portion thereof)……………………………..……….$50.00 (i.e. Permit research, due diligence reports, community acknowledgement forms, etc.) (N) Replacement Document Fee: (1) Permit Card…………………………………………………………………………………...$30.00 (2) Permitted Plans ($30.00 plus printing costs)………………………..$30.00 plus printing costs (O) Temporary Certificate of Occupancy (TCO) Fee:……..………………………………………$450.00 (P) Temporary Certificate of Completion (TCC) Fee:……..……………………………………...$225.00 (Q) TCC or TCO Extension Fee: (Subject to approval by Building Official)...…………………….$200.00 III. INSPECTION FEES: (A) Re-inspection Fees: First Re- (1) inspection…………………………………………………………………………...$50.00 Second Re- (2) inspection……………….………………………………………...…………..$100.00 Third and Subsequent Re-inspection without “Correction” (3) done……………………...$200.00 (Charged per 553.80 Florida Statue) (B) Advisory, Special Inspection, or Inspections During Off-Duty Hours:…..……..………….$75.00 ($75.00 per hour; minimum of two (2) hours) () BASED ON AVAILABILITY IV. NOTES: (A) All fees are non-refundable. (B) Planning & Zoning Division fees are in addition to the above fees. (C) Fire Department fees are in addition to the above fees. (D) Palm Beach County impact fees are in addition to the above fees. (E) City Parks and Recreation Fees are in addition to the above fees. (F) Water and Sewer Capital Facility Charges are in addition to the above fees. (G) Projects over $250,000 are subject to Art in Public Places Fee in addition to the above fees. 67 of 424 S:\Development\BUILDING\Forms-Templates-Signs\Fee Schedule_Building Division.doc 68 of 424 6. D CONSENT AGENDA October 1, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 1, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the Bid for "ANNUAL SUPPLY OF PIPE EQUESTED CTION BY ITY OMMISSION FITTINGS AND ACCESSORIES" Bid # 067-1412-13/MFD to the following four (4) companies: Ferguson, Fortiline Waterworks, HD Supply Waterworks and Mariflow and on an overall basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of $95,000. These items will be purchased on an "AS NEEDED BASIS". : O2,2013–O1,2014 BID TERMCTOBER CTOBER ER: On August 27, 2013, Procurement Services opened and XPLANATION OF EQUEST tabulated five (5) bids for Pipe Fittings and Accessories. All bids were reviewed by the Warehouse Manager. It was determined to recommend this award in part to four (4) . companiesThe award is as follows: Ferguson 200 items Fortiline Waterworks 63 items * HD Supply Waterworks 31 items Mariflow 66 items * (**) No bid / Go out for quotes 29 items Total 389 items 69 of 424 * There are two (2) vendors that have a minimum dollar amount per order. If we do not meet the minimum, we will go with the second vendor (if they honor the price) or go out for quotes. Fortiline $75.00 per order Mariflow $25.00 per order ** Mariflow has a minimum quantity per order for most of the items awarded to them. They are reasonable and could be met. If we cannot meet the minimum requirement, we will go to the next lowest bidder or go out for quotes. The bid will be for the period of 10/2/13 to 10/1/14 and allow for two (2) additional one (1) year extensions at the same terms and conditions with an option for an incremental increase in price subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. Last year's expenditures were $87,392.95, the previous year’s expenditures were $118,459.00. PROGRAM IMPACT: The purpose of this bid is to secure a source of supply for the purchase of pipe fittings and accessories. These supplies will be ordered on an “AS NEEDED BASIS” and stocked within the City’s Warehouse. FI:ACCOUNT NUMBER ESTIMATED ISCAL MPACT WAREHOUSE STOCKANNUAL EXPENDITURE 502-0000-141-01-00 $95,000 A: Obtain quotes on an “as needed” basis which would not be cost LTERNATIVES effective. 70 of 424 The City of Boynton Beach Finance Department WAREHOUSE DIVISION TO: Tim Howard, Director of Financial Services FROM: Michael Dauta, Warehouse Manager DATE: September 5, 2013 SUBJECT: Pipe Fittings Bid # 067-1412-13/MFD I reviewed the tabulation sheet. My recommendation is a multi-award to overall low vendor. The evaluating factor used was price. Last year’s expenditures were $87,392.95. The previous year was $118,459.00. This year’s expenditures will be an estimated $95,000. Ferguson Item(s) # 14,35,36,37,38,39,40,41,42,43,44,45,46,47,48,49,50,51,52,53,54,55,56,57,58,59,60,61, 62,63,64,65,66,67,68,69,70,71,72,73,119,120,121,122,123,146,147,148,149,150,151,152,153,15 4,155,156,157,158,159,160,161,162,163,164,165,166,167,168,169,170,171,172, 173,174,175,176,177,178,180,181,182,183,184,185,186,187,188,189,190,191,192,193, 194,195,196,197,198,199,200,201,202,203,204,205,208,209,241,246,255,256,257,258, 264,266,268,273,274,275,276,277,278,279,280,281,282,283,284,285,286,287,288,289, 304,305,306,307,312,313,314,315,316,317,318,319,320,321,322,323,324,325,326,327, 328,329,330,331,332,333,334,335,336,337,338,339,340,341,342,343,344,345,346,347, 348,349,350,351,352,353,354,355,356,357,358,359,360,361,362,363,364,365,380,381, 382,383,384,385,386,387,388,389 Fortiline Waterworks Item(s) # 71 of 424 1,2,3,87,88,89,90,91,92,93,94,105,106,107,108,109,110,111,112,113,114,115,117,215, 216,218,219,220,221,223,224,225,226,227,228,229,230,231,232,233,234,235,236,237, 238,239,240,242,243,244,245,247,248,249,250,253,259,260,267,269,270,271,272 HD Supply Item(s) # 4,5,6,7,8,9,78,79,80,81,95,96,97,98,99,100,101,102,131,132,133,134,135,136,137,138, 139,140,141,179,265 Mariflow Item(s) # 10,11,12,13,15,16,17,18,19,20,21,22,23,24,25,26,27,28,29,30,31,32,33,34,74,75,76,77, 82,83,84,85,86,103,104,118,124,125,126,127,128,129,130,210,211,212,213,214,217,222,252,29 0,291,292,293,294,295,296,297,298,299,300,301,302,303,311 No Bid (We will go out for quotes) Item(s) # 116,142,143,144,145,206,207,251,254,261,262,263,308,309,310,366,367,368,369,370, 371,372,373,374,375,376,377,378,379 The following vendors have a minimum dollar amount per order. If we do not meet the minimum, we will go with the second vendor (If they honor the price) or go out for quotes. Fortiline $75.00 per order Mariflow $25.00 per order Mariflow has a minimum quantity per order for most of the items awarded to them. They are reasonable and could be met. If we cannot meet the minimum requirement, we will go to the next lowest bidder or go out for quotes. In addition, the following vendors included a discount of % off list for all items not listed on the bid. Ferguson 25% HD Supply Cost plus 15% Mariflow 15% 72 of 424 73 of 424 74 of 424 75 of 424 76 of 424 77 of 424 78 of 424 79 of 424 80 of 424 81 of 424 82 of 424 83 of 424 84 of 424 85 of 424 86 of 424 87 of 424 88 of 424 89 of 424 90 of 424 91 of 424 92 of 424 93 of 424 94 of 424 95 of 424 96 of 424 97 of 424 98 of 424 99 of 424 100 of 424 101 of 424 102 of 424 103 of 424 104 of 424 105 of 424 106 of 424 107 of 424 6. E CONSENT AGENDA October 1, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 17, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the FY 2012 -13 Budget Status Report of EQUESTED CTION BY ITY OMMISSION the General Fund & Utility Fund for the eleven (11) month period ended August 31, 2013. Explanation of Request : This report summarizes the estimated funding sources and the adopted expenditure budgets for the City’s General Fund and Utility Fund for the eleven (11) month period ended August 31, 2013 (92% of the fiscal year). The analysis compares:  Actual results for the current period to the annual budget and  Actual results for the same period of the prior year annual budget. H? The annual budget is what OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES provides and controls the resources for City programs and services. FI: The annual budget and results to date for the General Fund and Utility ISCAL MPACT Fund. 108 of 424 GENERAL FUND FY 2012-13FY 2011-12FY 2013 vs. 2012 Annual Annual Actual to DateActual to Date BudgetActual BudgetBudget Amount%Amount%%% Revenues & Transfers$ 68,822$ 66,12896%$ 65,142$ 62,54896%6%6% Expenditures$ (68,822)$ (62,229) 90%$ (65,142)$ (58,834)90%6%6% Excess (Deficit)$ - $ 3,899$ -$ 3,714 Revenues & Transfers (Exhibit A) – Budgeted Funding Sources: Property taxes and other revenues provide funding sources of $52.2 M or 75% of our total $68.8 M General Fund budget estimate for FY 2012-13. Transfers from other funds (non- revenues) provide $16.6 M or 25% of the total funding sources to balance our $68.8 M General Fund budgeted expenditures. These three major estimated funding sources are summarized as follows: 1. 35% - $ 23.6 M – Property taxes less Tax Increment Financing to the CRA 2. 40% - $ 28.6 M – All other revenues plus General Fund Balance 3._25% - $ 16.6 M – Transfers from other funds 100% - $ 68.8 M – Total funding sources The property tax rate for FY 2012-13 was increased from 7.1941 mills to 7.6000 mills; the net property taxes of $27.0 M in FY 2012-13 represent a 5.6% increase in property tax revenue or an increase of $.7 M from FY 2011-12. To balance the budget in FY 2012-13, it required transfers from other funds of $16.6 M representing 25% of all funding sources. Actual Funding Sources Realized: At the end of the eleventh month in FY 2012-13, revenues and transfers realized are approximately $66.1 M of the budget estimate compared to $62.5 M realized to date in FY 2011-12. Ad Valorem Taxes, net of discounts and TIF taxes to the CRA , received to date was $23.4 M as compared to $22.4 M for FY 2011-12, as noted on Exhibit A. Other Revenues: The four major revenue sources other than property taxes: Franchise Fees 1. realized was $3.9 M or 86% actual collected compared to $3.9 M or 88% in FY 2011-12. Business Taxes 2. are due at the beginning of the fiscal year. For FY 2012-13, $1.3 M or 97% has been collected which is almost equivalent to the FY 2011-12 amount of $1.3 M or 91%. State Shared revenues 3. of $6.3 M or 94% have been collected in FY2012-13 as compared to $6.0 M or 94% received in FY 2011-12. Public Safety revenues 4. at this point is on track with the budgeted amount; $3.9 M or 109 of 424 102% was received compared to $3.6 M or 92% for FY 2011-12. Transfers from Other Funds: Current practice is to transfer 1/12 of the budgeted transfers from other funds each month. This will result in 100% realization of this funding source for the year. Expenditures (Exhibit B) Budgeted Expenditures: Overall, appropriations increased approximately 5.7% from $65.1 M to $68.8 M. The budget increase was due to increased pension and health care costs. Actual Expenditures – General Fund expenditures for the eleventh month period ending August 31 (92% of the fiscal year) are $62.2 M that is 90% of the $68.8 M expenditure appropriation for FY 2012-13. The table at the top of Exhibit B displays actual expenditures of $62.2 M or 90% of the FY 2012-13 budget. At this point in the fiscal year, we are at the same spending levels compared to the $58.8 M or 90% actual spending levels in FY 2011-12 for this same period. UTILITY FUND The FY 2012-13 annual expenditure budget of $36.7 M represents a $.7 M decrease from the FY 2011-12 budget of $37.4 M. The operational forecast may yield an estimated $2.2 M fund balance increase for the year based on the budget. Annual Annual Actual to DateActual to Date BudgetActual BudgetBudget Amount%Amount%%% Revenues & Transfers$ 36,758$ 33,63992%$ 37,397$ 33,81190%-2%-1% Expenditures$ (36,758)$ (33,825)92%$ (37,397)$ (28,692)77%-2%18% Excess (Deficit)$ -$ (186)$ -$ 5,119 For the eleventh month period in FY 2012-13,  Revenues realized are $33.6 M (92%) of the annual budget estimate.  Expenditures incurred are $33.8 M (92%) of the annual appropriated budget. This results in expenditures in excess of revenues yielding a shortfall of approximately $186 K. The following provides brief comments on revenues and expenditures to date. Revenues (Exhibit C) - The $33.6 M in FY 2012-13 actual revenues and fund balance increase are on target with the $33.8 M to date in FY 2011-12, because of two factors:  Water Sales - $16.4 M equivalent to 92% of the annual estimate, compared to 110 of 424 $16.2 M or 88% at this point in FY 2011-12.  In FY 2012-13, $ 2.2 M is being recognized as an added increase to fund balance, compared to an added increase of $ 1.7 M in FY 2011-12. These factors should provide for adequate bond debt service coverage. Expenditures (Exhibit D) – Utility Fund FY 2012-13 expenditures to date are $33.8 M or 92% of the annual appropriation compared to expenditures of $28.6 M or 77% for the prior fiscal year. The increase is due to a budgeted transfer to the Utility Renewal/Replacement capital fund that is in the FY 2012-13 budget. Additionally, the Utility Department experienced a major breakdown to one of the City’s Lift Station. A: Discuss this Budget Status Report or request clarification at the City LTERNATIVES Commission meeting. 111 of 424 112 of 424 113 of 424 114 of 424 115 of 424 6. F CONSENT AGENDA October 1, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 1, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R13-104 - EQUESTED CTION BY ITY OMMISSION Amend the FY 2012-2013 budget to adjust budgeted appropriations to provide spending authority to maintain and carry on the government of the City of Boynton Beach including operating expenditures, transfers to other funds, and necessary capital outlay for FY 2012-2013. ER: XPLANATION OF EQUEST After reviewing the various funds results for the FY2012-2013 there is a need to request to adjust the original appropriations that the Commission approved by R12-096 on September 18, 2012. The adjustments to the budgets will address unforeseen events or funding shortfalls that have occurred during the year. Staff is requesting approval of these budget adjustments made during FY2012-13. Accordingly during FY2012-13 necessary budget modifications have been made in various Funds between department/divisions. Thus adopted appropriations for some department line items have been presented on Exhibit A. Staff is requesting approval for the budget adjustments made in FY2013-14. The General Fund will be amended from $68,821,524 to $69,643,267 due to “internal” modifications made to various departments/divisions. In addition to the modifications it also provides funding for unanticipated increases in self-insurance, vehicle maintenance costs and to provide budget for transfers to various funds. The increase costs for the General Fund budget amendment has been accomplished by recognizing additional revenue that the City has realized in various types of revenue sources. 116 of 424  The Public Art Fund will be amended from $115,097 to $166,311 due to unforeseen expenses associated with the installation and removal of the public art display pieces and program.  The Public Service Tax Debt Service will be amended from $8,897,265 to $8,990,265 to establish budget for professional services.  The General Capital Improvement Capital Projects Funds will be amended from $1,774,000 to $1,952,230 due mainly to accommodate a transfer from the general fund in connection with funding the capital project to move Communications Dispatch to Fire Station #5.  Budget is being established in the previous Fire Assessment Special Revenue Fund to facilitate a transfer a portion of previous years remaining funds to the General Fund in the amount of $338,300 per the existing adopted FY2012-13 Budget, the remaining balance will be transferred in FY13/14.  The Utility Operating Fund will be amended from $36,758,335 to $37,719,085 due mainly to unanticipated costs associated with chemicals, maintenance, self- insurance, overtime, sewage disposal costs.  The Sanitation Fund will be amended from $11,358,061 to $11,772,771 due mainly to higher than expected vehicle maintenance, overtime and contractual services costs.  The Fleet Fund will be amended from $6,024,971 to $6,734,971 due to market conditions which has increased the cost to operate.  The Risk Management Fund will be amended from $2,521,329 to $3,506,329 due to increased legal and claims payments. H? No affect OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: See Exhibit A for a summary of the fiscal impact. ISCAL MPACT A: No alternatives if the City is to follow good budgeting practices and LTERNATIVES governmental accounting standards. 117 of 424 RESOLUTION R13- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE CURRENT ADOPTED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013; PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE. WHEREAS, the City Commission adopted a budget submitted by the City Manager based on estimated revenues of the City of Boynton Beach for fiscal year 2012-2013; and WHEREAS, the City Manager has now adjusted estimated revenues for fiscal year 2012-2013, and WHEREAS, the City Manager has made recommendations to amend the budget by adjusting the amounts necessary to be appropriated for fiscal year 2012-2013. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the Boynton Beach, Florida, hereby amends the currently adopted budget, a copy of which is attached hereto as Exhibit “A”, and the appropriations set out therein for the fiscal year beginning October 1, 2012 and ending September 30, 2013, to maintain and carry on the government of the City of Boynton Beach, Florida. Section 3. There is hereby an increase of the appropriation by $821,743 to an amended appropriated sum of $69,643,267 to the General Fund for the payment of operating expenditures, transfers to other funds, and necessary capital outlays for the City Government pursuant to the terms of the above budget. Section 4. There is hereby an increase of the appropriation by $51,014 to an amended appropriated sum of $166,111 to the Public Arts Fund for the payment of operating expenditures and necessary capital outlays. Section 5. There is hereby an increase of the appropriation by $3,000 to an amended appropriated sum of $8,990,265 to the Public Service Tax Debt Service Fund for the 118 of 424 payment of operating expenditures, transfers to other funds, and the principal and interest due on the public service tax bonds of the City subject to statutory exemptions and for redeeming such bonds as they mature. Section 6. There is hereby an increase of the appropriation by $178,230 to an amended appropriated sum of $1,952,230 to the General Capital Improvement Capital Projects Fund for the payment of operating expenditures and necessary capital outlays. Section 7. There is hereby an increase of the appropriation by $338,300 to an amended appropriated sum of $338,300 to the Fire Assessment Special Revenue Fund for the payment of operating expenditures, transfers to other funds, and necessary capital outlays. Section 8. There is hereby an increase of the appropriation by $960,750 to an amended appropriated sum of $37,719,085 to the Water and Sewer Utility Fund for operating expenditures, transfers to other funds, and necessary capital outlay and debt service due on the Water and Sewer Revenue Bonds. Section 9. There is hereby an increase of the appropriation by $414,710 to an amended appropriated sum of $11,772,771 to the Solid Waste Fund for the payment of operating expenditures, transfers to other funds, and necessary capital outlays. Section 10. There is hereby an increase of the appropriation by $710,000 to an amended appropriated sum of $6,734,971 to the Fleet Maintenance Fund for the payment of operating expenditures, transfers to other funds, and necessary capital outlays. Section 11. There is hereby an increase of the appropriation by $985,000 to an amended appropriated sum of $3,506,329 to the Self-Insurance Fund for the payment of operating expenditures, transfers to other funds, and necessary capital outlays. Section 12. If any clause, section or other part of this Resolution shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and shall in no way affect the validity of the remaining portions of this Resolution. Section 13. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 14. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of ______________, 2013. CITY OF BOYNTON BEACH, FLORIDA ____________________________ 119 of 424 Mayor – Jerry Taylor ____________________________ Vice Mayor – Woodrow L. Hay ____________________________ Commissioner – David T. Merker ____________________________ Commissioner – Michael M. Fitzpatrick ____________________________ Commissioner – Joe Casello ATTEST: ________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 120 of 424 121 of 424 122 of 424 123 of 424 124 of 424 6. G CONSENT AGENDA October 1, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 1, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve payment to E-S Press Inc. in the amount EQUESTED CTION BY ITY OMMISSION of $10,881.38 to prepare/present a course on Emotional Survival for Law Enforcement facilitated Dr. Kevin Gilmartin and to waive the requirement to obtain three (3) written quote requirement due to the specific nature of this training course. To be paid from the Law Enforcement Education Fund. ER: Approve payment to E-S Press Inc. in the amount of $10,881.38 XPLANATION OF EQUEST to prepare/present a course on Emotional Survival for Law Enforcement facilitated by Dr. Kevin Gilmartin. Gilmartin is one of the nation's foremost experts in police psychology and is the author of Emotional Survival for Law Enforcement as well as The Continuum of Compromise. Over two days, he will provide four 4-hour blocks of training for our personnel to attend. See brief course description below: This presentation is designed to assist law enforcement professionals by the development of behavioral strategies to inoculate against loss of idealism and inappropriate behavior patterns. It will review the short and long-term effects on law enforcement officers on both the personal and professional aspects of their lives. The course will discuss how the initial enthusiasm and desire to professionally contribute can be transformed into negative cynicism, social distrust and hostility to the world at large that significantly impacts the professionals work performance, decision-making and ultimately over-all quality of life. The course will also review the impact on the children of law enforcement families in terms of school functioning and health. The goal of the course is to have the law enforcement professional review the potential impact the career causes in the personal life and to develop strategies for overall emotional survival. The strategies are designed to permit the professional to continue 125 of 424 functioning effectively and ethically without “burning-out” and without resorting to emotional isolation from friends and colleagues. The course addresses the dynamics that can transform within a matter of a few years, idealistic and committed officers/employees into cynical, angry individuals who begin having difficulties in both the personal and professional aspects of their lives. The course outlines the issues that can potentially see officers engaging in inappropriate behavior patterns and decision-making that leads to both administrative and can unfortunately in some officers criminal difficulties. The purpose of the class is to provide information that lets the special assignment officer see how the deterioration process can take place and what specific preventative strategies can be employed. The goal of the course is to provide information that lets agencies keep officers committed and engaged in productive police work. The course also gives information to employees on how not to become a "self-perceived victim", a descriptor for an officer or employee that spends inordinate amounts of time resenting and resisting organizational and supervisory directive, as well as, suffering unnecessary destruction in the personal dimensions of their life. Experience tells us that most law enforcement agencies have to deal with inappropriate behavior on the part of some officers or employees who previously had exemplary records, yet we find that agencies typically do not offer training in attempting to preserve idealism, motivation and overall emotional survival for its employees. H? This departmental mandatory training is OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES designed to help our officers regain their focus, employ proven methods for intervention, and restore a sense of healthy balance in their lives. The tools provided in this instruction are designed to help officers understand how the unique professional stressors tied to our duties contribute to a loss of one's personal identity and adversely influence our interpersonal relationships and our general worldview. FI: The $10,881.38 will be paid out of the Law Enforcement Education Fund ISCAL MPACT (691-5000-590-04-21) which has a current balance of $74,645.00. It should be noted the proposed training costs includes travel/lodging. These figures are based on cost to book travel/hotel today and may be a bit higher/lower at reservation time. As dates are confirmed an exact price will be determined. A: Not provide the training. LTERNATIVES 126 of 424 127 of 424 128 of 424 Emotional Survival By Kevin M. Gilmartin, Ph.D. 8340 N Thornydale Road #110-314 Tucson, AZ 85741 520-744-0703 (T) 520-744-9298 (F) WWW.EmotionalSurvival.com Course Description This presentation is designed to assist law enforcement professionals by the development of behavioral strategies to inoculate against loss of idealism and inappropriate behavior patterns. It will review the short and long-term effects on law enforcement officers on both the personal and professional aspects of their lives. The course will discuss how the initial enthusiasm and desire to professionally contribute can be transformed into negative cynicism, social distrust and hostility to the world at large that significantly impacts the professionals work performance, decision-making and ultimately over-all quality of life. The course will also review the impact on the children of law enforcement families in terms of school functioning and health. The goal of the course is to have the law enforcement professional review the potential impact the career causes in the personal life and to develop strategies for overall emotional survival. The strategies are designed to permit the professional to continue functioning effectively and ethically without “burning-out” and without resorting to emotional isolation from friends and colleagues. The course addresses the dynamics that can transform within a matter of a few years, idealistic and committed officers/employees into cynical, angry individuals who begin having difficulties in both the personal and professional aspects of their lives. The course outlines the issues that can potentially see officers engaging in inappropriate behavior patterns and decision-making that leads to both administrative and can unfortunately in some officers criminal difficulties. The purpose of the class is to provide information that lets the special assignment officer see how the deterioration process can take place and what specific preventative strategies can be employed. The goal of the course is to provide information that lets agencies keep officers committed and engaged in productive police work. The course also gives information to employees on how not to "self-perceived victim" become a , a descriptor for an officer or employee that spends inordinate amounts of time resenting and resisting organizational and supervisory directive, as well as, suffering unnecessary destruction in the personal dimensions of their life. Experience tells us that most law enforcement agencies have to deal with inappropriate behavior on the part of some officers or employees who previously had exemplary records, yet we find that agencies typically do not offer training in attempting to preserve idealism, motivation and overall emotional survival for it’s employees. This course is presented at all FBI LEEDS and Executive Development Institutes at the FBI Academy in Quantico, Virginia. 129 of 424 Emotional Survival Course Outline Time Break downs into equal time unit modules 1) Define the "Challenges" inherent in a criminal justice career. Goal: To have the participants interactively define the area that challenge them both physically and emotionally over the course of a law enforcement career. The students list the challenges specifically attempting to create a complete list of stressors. 2) Define "Impact" of Challenges": Goal: To have students delineate the effects of long-term exposure to challenges without benefit of a "Survival Orientation". Physical impact and emotional impact are reviewed. 3) Establish concepts of "Locus of Control"; Internal vs. External Goal: To have students define which challenges are non-changeable and must be accepted with appropriate response and which challenges the Criminal Justice Professional brings on themselves 4) Review the concept of "Vigilance": Goal: To have students understand the impact of the necessary perceptual set of "Vigilance". To include how the threat generated response pattern lowers risks in the "On-duty" world, but without an appropriate intervention strategy create havoc in the "Off-duty" world. 5) Establish "Over-Investment" and "Under-Investment" profiles: Goal: To have students articulate the various profiles of investment in the Criminal Justice career. The concept of "Organizational Paranoia" is introduced and studied so the student can fully understand the roots of "Malcontentism" 6) Establish the differences between "Survivors" and "Victims" Goal: To have students combine the concepts of vigilance and locus of control to develop an understanding of the self-perceived victim role of the problem and non-surviving Criminal Justice Professional. The roots of brutality, corruption, and non-compliance to organizational directive are put forth for discussion. Case Histories are presented for the students to define where emotional survival broke down and administrative and criminal non-compliance developed. Video taped interviews with Criminal Justice Professionals are presented at this point 7) The impact of "Non-Survivorship" of Criminal Justice Integrity: Goal: The participants will develop an understanding of the "Continuum of Corruption". The movement from "Acts of Omission" where job duties are neglected or orders resentfully disobeyed or marginally obeyed is followed to "Acts of Commission" where the resentfully "Victim" who does not have emotional survival skills directly violates administrative and/or criminal standards leading to career impacting situations. 130 of 424 8) Loyalty vs. Integrity: Goal: The student reviews how dysfunctional loyalty to peers can be at the expense of integrity. The emotionally surviving Criminal Justice Professional understands and is prepared for the dilemma before the crisis moment is reached and an emotional decision is made inappropriately. 9) "Burn-out": Causes and prevention strategies: Goal: Participants learn of "Burn-out" as the "Syndrome of Over-commitment that leads to under- productivity" The relationship between long-term prevention strategies and short-term career choices are presented. Avoid using a "Sprinters mentality in a marathon race" is developed as a survival theme. 10) Survivorship Skill Development: Goal: The student learns the impact of "High Demands and Low Control" as a situationally toxic environment. Skills are presented to preserve the idealism and motivational levels of the early career Criminal Justice Professional with the impact of cynicism or negativity. 11) Development of Personal- Life Proactivity: Goal: Participants review the Reactive-Inactive-Proactive cycle and it's impact on personal life. Self-directed goal setting skills are presented. Students review the impact of a reactive orientation when used in personal life management. Aggressive time management techniques for goal setting are presented. 12) The Physiological Dimension: Goal: Participants review physical fitness as a means of reducing the psychological impact of anger and hostility. "Doers Do, Victims Whine" is presented as proactivity is developed physically and psychologically. The impact of inappropriate physical techniques: i.e. gambling, workaholism, over-reliance on off-duty work are presented. Participants learn of the impact of stress related finances as a means of economic destruction of the unaware law enforcement professional. Financial corruption is reviewed for the causes of destruction of a law enforcement career. The Bio- behavioral dimension of "Survivorship" is reviewed. 13) Alternative Role Investment as a survival strategy: Goal: The participants will look at the role of support systems as a means of enhancing coping skills. The socialization changes in American society causing a loss of traditional support systems, i.e. family, neighbors, church, and community are discussed. The over-identification with job-role and the socialization process of "interacting with people we work near as opposed to people we live near" is discussed in terms of potential self-perceived victimization. The development of broad- based emotional roles is discussed. Summary: Students will have the opportunity to review the changes that have taken place in their lives because of law enforcement. Social, behavioral, emotional, and financial areas will be discussed. Students will take a realistic inventory of self-change and review the effects in the terms of both personal and job satisfaction. Survival techniques will be presented and discussed to permit the participants to maximize both personal and professional performance and satisfaction. 131 of 424 Instructor Background Dr. Kevin M. Gilmartin 8340 N Thornydale Road #110-314 Tucson, AZ 85741 520-744-0703 Fax 520-744-9298 E-Mail: ghakev@aol.com Dr. Gilmartin is a behavioral sciences and management consultant specializing in the law enforcement and public safety areas. He formerly spent twenty years in law enforcement in Tucson, Arizona. During his tenure, he supervised the Behavioral Sciences Unit and the Hostage Negotiations Team. He is a former recipient of the IACP-Parade Magazine National Police Officer Service Award for contributions during hostage negotiations. He presently maintains a consulting relationship with law enforcement agencies nationally in the U.S. and in Canada. He holds adjunct faculty positions with The University of Massachusetts Police Leadership Institute, and The Law Enforcement Management Institute of Texas at Sam Houston State University. He is a guest instructor at the FBI Academy in Quantico, Virginia and a faculty member of the FBI Law Enforcement Executive Development Institute (LEEDS, EDI and the National Executive Development Institute). He is retained by several Federal law enforcement agency critical incident response teams. He is a charter member of the IACP: Psychological Services Section and former vice- president of the Society of Police and Criminal Psychology. He holds a doctoral degree in clinical psychology from the University of Arizona. In addition to being the author of the book Emotional Survival for Law Enforcement, he is the author of numerous articles published by the Dept. of Justice, the IACP, and the FBI. He is a veteran of the U.S. Marine Corps and resides in Portland, Oregon and Tucson, Arizona. 132 of 424 6. H CONSENT AGENDA October 1, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 1, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R13-105 - EQUESTED CTION BY ITY OMMISSION Approve and authorize signing of an Agreement for Water Service outside the City Limits with D R Horton, Inc., (Vista Lago) for the property at 7080 Hypoluxo Farms Road, Lake Worth, FL. This property will contain 106 single family homes and clubhouse/pool. ER: Water service areas have been designated between the XPLANATION OF EQUEST County and local utilities. This was accomplished under agreement #85-757 and revised under City Resolution #00-123, Palm Beach County Agreement R2000-1534. The property covered by this Agreement is located in unincorporated Palm Beach County area outside of the City limits in our water service area south of Hypoluxo Road between S. Military Trail and S. Jog Road. The property historically receives water from a well and the owner now requests that we provide potable water in the future. H? The City is able to provide water to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the property resulting from water main improvements constructed by Palm Beach County. The owner agrees to be responsible for all costs to provide service to the owner’s premises. No additional construction is required by the City to serve this property. FI: Customers outside the City limits pay an additional 25% surcharge ISCAL MPACT above the water rates charged to customers within the City. 133 of 424 A: Deny request to provide service. If service is denied the Consumptive LTERNATIVES Use Permit could be subject to modification. The Utility Department is granted water allocation under the South Florida Water Management District Consumptive Use Permit. The current permit has limiting restriction #19 that states “The Permittee shall notify the District within 30 days of any change in service area boundary. If the Permittee will not serve a new demand within the service area for which the annual allocation was calculated, the annual allocation may then be subject to modification and reduction”. 134 of 424 RESOLUTION NO. R13- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND D.R. HORTON, INC; PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City limits, but within our water and sewer service area, at 7080 Hypoluxo Farms Road, Lake Worth, Florida (PCN: 00-42- 45-11-00-000-1260); and WHEREAS, the parcel covered by this agreement is located in unincorporated Palm Beach County portion of the City’s utility service area and will be used for 106 single family homes and clubhouse/pool; and WHEREAS, the property historically receives water from a well and the owner now requests that the City provide potable water in the future; and WHEREAS, no additional construction will be required by the City to serve this property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission hereby authorizes and directs the City Manager to execute a Water Service Agreement between the City of Boynton Beach, Florida and D.R. Horton, Inc., a copy of said Agreement is attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of October, 2013. 135 of 424 CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor _______________________________ Vice Mayor – Woodrow L. Hay _______________________________ Commissioner – David T. Merker ________________________________ Commissioner – Michael M. Fitzpatrick _______________________________ Commissioner – Joe Casello ATTEST: ____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 136 of 424 137 of 424 138 of 424 139 of 424 140 of 424 141 of 424 142 of 424 143 of 424 144 of 424 145 of 424 6. I CONSENT AGENDA October 1, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 1, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R13-106 - EQUESTED CTION BY ITY OMMISSION Approve and authorize signing of an Agreement for Water Service outside the City Limits with CA Miami 7788 OMT LLC, dba Franklin Academy-Boynton for the property at 7928 S. Military Trail, Boynton Beach, FL. This property is used for a K-8 Charter School with an estimated 1,340 students. ER: Water service areas have been designated between the XPLANATION OF EQUEST County and local utilities. This was accomplished under agreement #85-757 and revised under City Resolution #00-123, Palm Beach County Agreement R2000-1534. The property covered by this Agreement is located in unincorporated Palm Beach County area outside of the City limits in our water service area south of Hypoluxo Rd between Military Trail and Lawrence Road. The property historically receives water from a well and the owner now requests that we provide potable water in the future. H? The City is able to provide water to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the property resulting from water main improvements constructed by Palm Beach County. The owner agrees to be responsible for all costs to provide service to the owner’s premises. No additional construction is required by the City to serve this property. FI: Customers outside the City limits pay an additional 25% surcharge ISCAL MPACT above the water rates charged to customers within the City. 146 of 424 A: Deny request to provide service. If service is denied the Consumptive LTERNATIVES Use Permit could be subject to modification. The Utility Department is granted water allocation under the South Florida Water Management District Consumptive Use Permit. The current permit has limiting restriction #19 that states “The Permittee shall notify the District within 30 days of any change in service area boundary. If the Permittee will not serve a new demand within the service area for which the annual allocation was calculated, the annual allocation may then be subject to modification and reduction”. 147 of 424 RESOLUTION NO. R13- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND CA MIAMI 7788 OMT LLC.; PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City limits, but within our water and sewer service area, at 7928 South Military Trail, Boynton Beach, Florida (PCN: 00- 42-45-12-05-015-0030); and WHEREAS, the parcel covered by this agreement is located in unincorporated Palm Beach County portion of the City’s utility service area; and WHEREAS, the property historically receives water from a well and the owner now requests that the City provide potable water in the future; and WHEREAS, no additional construction will be required by the City to serve this property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission hereby authorizes and directs the City Manager to execute a Water Service Agreement between the City of Boynton Beach, Florida and CA MIAMI 7788 OMT, LLC., a copy of said Agreement is attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of October, 2013. 148 of 424 CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor _______________________________ Vice Mayor – Woodrow L. Hay _______________________________ Commissioner – David T. Merker ________________________________ Commissioner – Michael M. Fitzpatrick _______________________________ Commissioner – Joe Casello ATTEST: ____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 149 of 424 150 of 424 151 of 424 152 of 424 153 of 424 154 of 424 155 of 424 156 of 424 157 of 424 158 of 424 6. J CONSENT AGENDA October 1, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 1, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION No. R13-107 - EQUESTED CTION BY ITY OMMISSION Approve a Professional Agreement between Ballard Partners, Inc. of Tallahassee, FL and the City of Boynton Beach for "Appropriation Lobbyist Services"; RFP No. 075-1210-13/JMA for an annual amount of $50,000 plus expenses for the Fiscal Year 2013/14. AP:O1,2013–S30,2014 GREEMENT ERIOD CTOBER EPTEMBER ER: On August 27, 2013, Procurement Services received and XPLANATION OF EQUEST opened five (5) proposals in response to the RFP for Appropriation Lobbyist Services. The City of Boynton Beach is seeking the services of a qualified lobbyist firm to assist the City in the acquisition of funds from non-profit organization and public entities. The City is interested in pursuing funding from local, state and federal sources. The proposals were reviewed and evaluated by an Evaluation Committee comprised of Carisse LeJeune, Assistant City Manager, Nancy Byrne, Director of Development and Debbie Majors, Grants Coordinator. Each member reviewed and evaluated the proposals independently and completed a reviewer score sheet and returned it to the Finance Department. The Finance Department compiled the “summary of reviewers’ scores”, based on the summary scores of the proposal Ballard Partners, Inc. of Tallahassee, FL is the highest ranked firm. Their proposal price is $50,000 annually plus expenses. H? As State and Federal funding OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES continues to shrink and unfunded mandates increase, it is imperative that we have an active legislative program. The consultant will assist the City in developing a legislative 159 of 424 agenda and engage in advocacy as needed and/or requested to promote the City’s position on priority issues. They will inform and advise the City regarding any proposed and/or actual changes in laws, with particular emphasis on changes which might result in “unfunded mandates” or negatively impact the City’s “home rule powers” as well as propose and develop opportunities that will access funding at the policy making level. FI: The cost of this agreement has been included in the City’s FY13/14 ISCAL MPACT budget under line item 001-1211-512-49-17. A: Not approve this agreement and not have any representation at the LTERNATIVES state and federal levels as it related to funding issues or re-advertise the RFP. 160 of 424 RESOLUTION NO. R13- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A PROFESSIONAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND BALLARD PARTNERS, INC., FOR APPROPRIATION LOBBYIST SERVICES IN AN ANNUAL AMOUNT OF $50,000.00 PLUS EXPENSES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE PROFESSIONAL AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 27, 2013, Procurement Services received and opened five (5) proposals in response to the RFP for “Appropriation Lobbyist Services;” and WHEREAS, the proposals were reviewed and evaluated by an Evaluation Committee each ranking the proposals accordingly with Ballard Partners, Inc., of Tallahassee, FL, the highest ranked firm in the annual amount of $50,000, plus expenses; and WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it to be in the best interests of the citizens and residents of the City of Boynton to enter into an Professional Agreement with Ballard Partners, Inc., for Appropriation Lobbyist Services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the City Manager to execute a Professional Agreement for Lobbyist Services between the City of Boynton Beach and Ballard Partners, Inc., of Tallahassee, FL, in the annual amount of $50,000.00 plus expenses, a copy of the Professional Agreement is attached hereto as Exhibit “A. Section 3. This Resolution shall become effective immediately upon passage. 161 of 424 PASSED AND ADOPTED this _______ day of October, 2013. CITY OF BOYNTON BEACH, FLORIDA ____________________________________ Mayor – Jerry Taylor ____________________________________ Vice-Mayor – Woodrow L. Hay ____________________________________ Commissioner – David T. Merker ____________________________________ Commissioner – Michael M. Fitzpatrick ____________________________________ Commissioner – Joe Casello ATTEST: ________________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 162 of 424 163 of 424 164 of 424 165 of 424 166 of 424 167 of 424 168 of 424 169 of 424 170 of 424 171 of 424 172 of 424 PROFESSIONAL AGREEMENT THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to _Ballard Partners, Inc. of Tallahassee, FL__ as “the City”, and hereinafter referred to as “Firm”, in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Firm is retained by the City to perform professional RFP FOR APPROPRIATION LOBBYIST SERVICES; RFP services in connection with the No. 075-1210-13/JMA. Section II – 2. SCOPE OF SERVICES. Firm agrees to perform the services, identified in Scope of Services of RFP No. 075-1210-13/JMA and attached hereto as Exhibit A. 3. TERM: This Agreement shall be for a period of one year commencing October 1, 2013 and ending on September 30, 2014. The City of Boynton Beach may extend the contract with the same terms and conditions for three (3) one-year terms subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. 4. PAYMENT. The Firm shall be paid by the Provider/City for completed work and for services $50,000.00 + expenses, annually. rendered under this agreement as follows, not to exceed a. The total contract price, as referred to herein, shall be the total amount of payment to Firm for services provided under this agreement for the entire term of the Agreement b. Payment for the work provided by Firm shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to Firm shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or his designee. c. The Firm may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the Firm in the amount approved. d. Final payment of any balance due the Firm 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. e. 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. f. The Firm’s 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 the Agreement. Copies shall be made available upon request. 5. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Firm 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 Firm shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Firm’s endeavors. 6. COMPLIANCE WITH LAWS. Firm shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 7. INDEMNIFICATION. Firm 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 173 of 424 thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Firm’s own employees, or damage to property occasioned by a negligent act, omission or failure of the Firm. 8. INSURANCE. The Firm shall secure and maintain in force throughout the duration of this contract professional liability insurance in the amount of $1,000,000 per occurrence to 2 million aggregate with defense costs in addition to limits. Said professional 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. 9. INDEPENDENT CONTRACTOR. The Firm and the City agree that the Firm 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 Firm nor any employee of Firm 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 assuming the duties of an employer with respect to Firm, or any employee of Firm. 10. COVENANT AGAINST CONTINGENT FEES. The Firm warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Firm, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Firm, 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. 11. DISCRIMINATION PROHIBITED. The Firm, 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. 12. ASSIGNMENT. The Firm shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. 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. 14. TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Firm. b. In the event of the death of a member, partner or officer of the Firm, or any of its supervisory personnel assigned to the project, the surviving members of the Firm 174 of 424 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 Firm and the City, if the City so chooses. 15. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 16. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Attn: Lori LaVerriere, City Manager Notices to the Firm shall be sent to the following address: Ballard Partners, Inc. 403 East Park Avenue Tallahassee, FL 32301 Attn: Brian D. Ballard, President 17. PUBLIC RECORDS LAW: The City of Boynton Beach is a public agency subject to Chapter 119, Florida Statutes. The contractor shall comply with Florida’s Public Records Law. Effective July 1, 2013, Section 119.071, Fla. Stat., the contractor shall: a. Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; b. Provide the public with access to such public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; c. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and d. Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the information technology of the agency. Failure of the contractor to comply with the provisions set forth in this section shall constitute a Default and Breach of the Agreement with the City. 175 of 424 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda represents the entire and integrated agreement between the City and the Firm 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 Firm. DATED this _____ day of ________________________________________, 2013 CITY OF BOYNTON BEACH _________________________________ __________________________________ City Manager Ballard Partners, Inc. Attest/Authenticated: __________________________________ Title _________________________________ (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: _________________________________ __________________________________ Office of the City Attorney Secretary 176 of 424 EXHIBIT A SCOPE OF SERVICES Section II – SCOPE OF SERVICES INTRODUCTION The City of Boynton Beach, Florida, located in Palm Beach County, sits on the Atlantic coastline about 15 miles south of West Palm Beach, 32 miles north of Fort Lauderdale, and 63 miles rd north of Miami. With a population of approximately 68,000 Boynton Beach is the third (3) largest city in Palm Beach County. Boynton Beach’s central location provides easy access to several airports, passenger rail, and a multitude of museums, theaters, and outdoor recreational attractions. Boynton’s Oceanfront Park Beach offers a variety of swimming, picnicking, and fishing opportunities. Other local attractions include the Schoolhouse Children's Museum, Boynton Beach Mall, Mangrove Nature Park, several intracoastal water front parks including boat and kayak launches, and the only public working Marina in the Palm Beach County. The City is the home to the United Way, the Children’s Services of PBC, the Literacy Coalition, and has an independent Community Redevelopment Agency for the revitalization of the downtown area. The Commission-Manager form of government governs Boynton Beach. Voters elect a mayor and four commissioners who meet twice monthly to set forth City policy. The Commission appoints a City Manager to oversee the day-to-day operations of the City. The Mayor may live anywhere within the City limits, but is required to reside in the City for a least a year before seeking office. Commissioners must live within the district they represent and are elected by the voters within that district. They also are required to live within the district they plan to represent for at least a year before seeking office. A. SCOPE OF SERVICES The City of Boynton Beach seeks the services of a qualified firm(s) to assist the City in the following: 1. Acquisition of funds from non-profit organizations and public entities to enhance the City’s service delivery. The required services include, but are not limited to, the following; a. Develop a timeline, concentration on both short term and long term strategies, pertaining to the funding of chosen projects. Work with City staff regarding the political and financial feasibility of funding identified projects and provide advice and assistance on the type of projects that are likely to be successfully funded. b. Work with other organizations (both public and private) to help obtain funding for selected projects, and have the ability to effectively communicate, both orally and in writing, the necessity, benefits, and merits of funding the chosen projects for the City and its residents. c. Meet with members of the local, state and federal legislative delegations and their staffs to discuss the City’s needs, overall benefits, and merits of the chosen projects. 177 of 424 2. Advise and advocate for the City on legislative and policy matters. The required services include, but are not limited to, the following: a. Provide legislative expertise and consulting services. b. Review and monitor on a continuing basis all existing and proposed federal, state and local policies, programs, and legislation affecting the City of Boynton Beach in an efficient and accurate manner. Identify those issues that may affect the City and its residents, and regularly inform the City as to such matters, both orally and in writing. c. Prepare materials to be presented to legislators and agencies. d. Appear before and provide expert testimony at legislative hearings, as required, to promote, oppose, and seek passage of legislation or rules affecting the City or its citizens. e. Maintain excellent work relationships with federal, state and local elected officials and their staffs. f. Meet with members of the local, state and federal legislative delegations and their staffs to explain the effects, merits, and consequences of proposed legislation on the City. g. Advise the city on proposed and actual changes in laws, especially any changes that would affect the City’s ability to collect revenues or would cause undue burdens on the City’s resources. h. Attend City Council meetings and other scheduled City meetings as requested, with reasonable advance notice. i. Complete in a timely fashion, all forms and reports required of lobbyists by the federal government and other relevant local, state and federal jurisdictions. Services should include but not be limited to:  Strategy design and implementation;  Advising and consulting clients on legislative strategies and developing issues.  Provide research and timely written and oral information.  Monitor existing and proposed laws and regulations that affect the interests and priorities of the City.  Proactively recommend and develop legislative positions for proposed laws and regulations that affect the interests and priorities of the City.  Develop a list of current or predicted legislation to either oppose or support on behalf of the City, as well as funding targets and essential Federal and Florida programs that must be protected.  Constantly monitor the introduction and progress of proposed laws and regulations and provide analysis on the potential effects for the City.  Assist in developing the City’s stance and contact the relevant Legislators on the City’s behalf to ensure they are aware of the City’s position on significant legislation.  Assistance with obtaining appropriations for City projects and/or programs to be determined as part of an annual legislative strategy.  Propose and develop opportunities that will access funding at the policy making level. 178 of 424  Arrange meetings for the City elected officials and personnel with legislative members and staff. Provide logistical support and attend those meetings when necessary.  Representing the City’s objectives and review of all pertinent pending legislation and regulations including all committee meetings, hearings and conferences.  Identifying strategic interest alliances and coordinating interest groups.  Drafting legislation and amendments to file bills.  Building and maintaining close relationships and alliances with legislative delegations.  Engage in advocacy as needed and/or requested, to promote the City’s position on priority issues, including appropriate interest groups, the Florida League of Cities, US Conference of Mayors and the National League of Cities.  Advising on public affairs, consensus building and grassroots advocacy.  Advising on the impacts of change in relevant laws.  Assisting in all aspects of developing and executing government business.  Engaging in other traditional lobbying activities. Experience should demonstrate:  Knowledge about the legislative process at the local, state, and federal level;  Previous public relations/lobbying experience and a network of contacts and policymakers;  Strong communication skills to reinforce the clients’ position on the issues at hand;  The ability to respond to regulatory inquiries and testifying at public hearings;  Good judgment and the ability to take the initiative;  The ability to manage high levels of stress and meet critical deadlines. B. WORK PRODUCTS REQUIRED The successful Proposer shall provide the City with, at the minimum, monthly progress reports regarding funding and legislative issues. The subject reports shall inform and advise the City regarding any proposed and/or actual changes in laws, with particular emphasis on changes which might result in “unfunded mandates” or negatively impact the City’s “home rule powers”. The successful Proposer shall also keep the City informed as to local, state and federal funding progress during the month as is deemed necessary by the City Manager 179 of 424 6. K CONSENT AGENDA October 1, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 1, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the minutes from the Regular City EQUESTED CTION BY ITY OMMISSION Commission meeting held on September 17, 2013 The City Commission met on September 17, 2013 and minutes were prepared from the notes taken at the meeting. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. H? A record of the actions taken by OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the City Commission will be maintained as a permanent record. FI: N/A ISCAL MPACT A: N/A LTERNATIVES 180 of 424 181 of 424 182 of 424 183 of 424 184 of 424 185 of 424 186 of 424 187 of 424 188 of 424 189 of 424 190 of 424 191 of 424 192 of 424 193 of 424 194 of 424 195 of 424 196 of 424 197 of 424 7. A BIDS AND PURCHASES OVER $100,000 October 1, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 1, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the issuance of a blanket purchase order EQUESTED CTION BY ITY OMMISSION for Fiscal Year 2013/2014 with the United States Post Office (USPS) in the amount of $140,000.00. . ER: The Utility Department, Customer Relations Division XPLANATION OF EQUEST processes all the monthly bills for utility and garbage services for over 35,000 accounts. Bills are mailed out to customers monthly. This request is for a Blanket Purchase Order in order to purchase postage for the billings. In accordance with the City’s Administrative Policy 10.00.01, purchases for personal property, commodities, and services (non-construction) over $25,000 require City Commission approval. H? Postage is required to mail out OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES billings. The City is continuously promoting electronic methods of accessing billing information (e-mail). A majority receive their bill via postal mail. The City has achieved discount rates on their postage by sorting zip codes and bar codes for addresses. Continuous improvements are being made. FI: The estimated budget for postage this year is $140,000 under account ISCAL MPACT #401-2825-536-41-12. Previous year expense: $165,000. A: None LTERNATIVES 198 of 424 199 of 424 7. B BIDS AND PURCHASES OVER $100,000 October 1, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 1, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Award the piggy-back of the State of Florida EQUESTED CTION BY ITY OMMISSION Contract # 863-000-10-1 for "New Tires" to : Easy Pay Tires, as the primary vendor , as a responsive, responsible bidder who met all specifications. Estimated contract expenditure is $175,000. TH : O2,2013–A30,2014 CONTRACT PERIODCTOBER PRIL ER: The State of Florida has a contract, 863-000-10-1 for New XPLANATION OF EQUEST Tires. The City is recommending to piggy-back this contract to purchase our new tires for the city’s fleet. Last year’s expenditure were $222,751.74. The previous year’s expenditures were $246,086.40. Expenditures will be an estimated $175,000 based on the contract end date of 4-30-2014. PROGRAM IMPACT: The purpose of this contract is to secure a source of supply for the purchase of new tires for the city’s fleet. These supplies will be ordered on an “AS NEEDED BASIS” and stocked within the City’s Warehouse. FI: ACCOUNT NUMBER ESTIMATED ISCAL MPACT WAREHOUSE STOCKCONTRACT EXPENDITURE 502-0000-141-0100 $175,000 A: Obtain quotes on an “as needed” basis which would not be cost LTERNATIVES effective. 200 of 424 201 of 424 202 of 424 203 of 424 204 of 424 205 of 424 206 of 424 207 of 424 208 of 424 209 of 424 210 of 424 211 of 424 212 of 424 213 of 424 214 of 424 215 of 424 216 of 424 217 of 424 218 of 424 219 of 424 220 of 424 221 of 424 222 of 424 223 of 424 224 of 424 225 of 424 226 of 424 227 of 424 228 of 424 229 of 424 230 of 424 7. C BIDS AND PURCHASES OVER $100,000 October 1, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 1, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the one-year renewals to piggybacked EQUESTED CTION BY ITY OMMISSION bids for the procurement of chemicals for the Water Treatment Plants as outlined in the written report for October 2013 - "Request for Bid Extensions and Piggybacks". ER: The Administrative Policy Manual, Chapter 10, Section 5, XPLANATION OF EQUEST Subject 02, “Alternatives to Formal Sealed Bids” includes piggy-backing other agency bids. By piggy-backing governmental agencies with greater purchasing power than the City of Boynton Beach, this allows the City to enjoy the benefits of the lower pricing offered for larger quantities. The piggy-backed bids were previously approved by Commission. VENDOR CONTRACT BID RENEWAL TERM Allied Universal Corporation PBC 11-071/SWC September 20, 2013 – September 19, 2014 Tanner Industries STUART 2012-278 September 24, 2013 – September 23, 2014 Estimated annual costs: Allied Universal Corporation- $150,000 and Tanner Industries- $26,000. H? At the time of Commission OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES approval, notice was made of the extensions and/or renewals as part of the approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of the renewals and the anticipated expenditure by reducing the administrative overhead of processing each renewal and/or extension individually. 231 of 424 FI: Funds have been budgeted under line items 401-2811-536-52-28 and ISCAL MPACT 401-2811-536-52-35. A: Not approve renewals and require new bids to be issued. LTERNATIVES 232 of 424 233 of 424 234 of 424 235 of 424 236 of 424 237 of 424 238 of 424 239 of 424 9. A PUBLIC HEARING October 1, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 1, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 13-024 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Request abandonment of portions of a 12 foot-wide Utility Easement located at Compson Place at Renaissance Commons, 1831 Renaissance Commons Boulevard, zoned SMU (Suburban Mixed Use). Applicant: Anthony Comparato, Compson Place Apartments, LLC. (TABLED ON SEPTEMBER 17, 2103) ER: Anthony Comparato is requesting to abandon portions of a XPLANATION OF EQUEST utility easement in conjunction with the Compson Place Apartments project currently under construction in Phase VI of the Renaissance Commons development, located at the SE corner of Congress Avenue and Gateway Boulevard. The applicant indicates that the abandonment is warranted because there are no longer any public utilities located within the easement and will not have any in the future. Therefore, these portions of the easement no longer serve a public purpose. The subject request is essentially a housekeeping matter to formalize and closeout the abandonment of the easement already accomplished in the field. The applicant has drafted a legal description and easement sketch for the newly created easement to replace the subject easement and provided copies to the Utilities and Engineering Departments for their review and approval. As such, staff recommends APPROVAL of the applicant’s request to abandon these portions of the subject 12 foot-wide utility easement, subject to recording the new easement in the County records. th The City Commission previous tabled this item at their September 17 meeting due to the applicant’s failure to comply with the notification requirements. The applicant has since sent the necessary notices by mail and posted signs on the property. The 240 of 424 th Planning & Development Board reviewed this request at their September 24 meeting and recommended approval. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: None recommended. LTERNATIVES 241 of 424 ORDINANCE NO. 13- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF A 12-FOOT WIDE UTILITY EASEMENT RUNNING NORTH AND SOUTH FOR A DISTANCE OF APPROXIMATELY 260 FEET AND IS LOCATED APPROXIMATELY 50 FEET EAST OF THE WEST BOUNDARY LINE OF THE APARTMENT DEVELOPMENT SITE, SUBJECT TO STAFF COMMENTS; AUTHORIZING THE CITY MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Anthony Comparato is requesting to abandon portions of a utility easement running north and south for a distance of approximately 260 feet and is located approximately 50 feet east of the west boundary line of the apartment development site in conjunction with the Compson Place Apartments project located at the SE corner of Congress Avenue and Gateway Boulevard, subject to staff comments; and WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been held before the City's Planning and Development Board, and the City Commission on the proposed abandonment; and WHEREAS, staff finds that the 12 foot-wide utility easement no longer serves a public purpose, and the City Commission adopts that finding. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby abandon a portion of the 12 foot-wide utility easement running north and south for a distance of approximately 260 feet and is located approximately 50 feet east of the west boundary line of the apartment development site in conjunction with the Compson Place Apartments project located at the SE corner of Congress Avenue and Gateway Boulevard, subject to staff comments. The property being abandoned is more particularly described as follows: See Composite Exhibit “A” attached hereto and incorporated herein Said lands lying in the City of Boynton Beach, Florida containing 3,904 and 390 square feet more or less. Section 3. The City Manager is hereby authorized and directed to execute the attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records of Palm Beach County, Florida. 242 of 424 Section 4. This Ordinance shall take effect immediately upon passage. FIRST READING this ____ day of , 2013. SECOND, FINAL READING AND PASSAGE THIS _____day of __________, 2013. CITY OF BOYNTON BEACH, FLORIDA Mayor – Jerry Taylor _____________________________________ Vice Mayor – Woodrow L. Hay _____________________________________ Commissioner – David T. Merker _____________________________________ Commissioner – Michael M. Fitzpatrick _____________________________________ Commissioner – Joe Casello ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, does hereby abandon portions of a utility easement running north and south for a distance of approximately 260 feet and is located approximately 50 feet east of the west boundary line of the apartment development site in conjunction with the Compson Place Apartments project located at the SE corner of Congress Avenue and Gateway Boulevard, subject to staff comments. The property being abandoned is more particularly described as follows: 243 of 424 See Composite Exhibit “A” attached hereto and incorporated herein Said lands lying in the City of Boynton Beach, Florida containing 3,904 and 390 square feet more or less. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this ____ day of ______________, 2013. ATTEST: CITY OF BOYNTON BEACH, FLORIDA ___________________ _____________________________ Janet M. Prainito, MMC Lori LaVerriere, City Manager City Clerk STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Lori LaVerriere and Janet M. Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this _____ day of ________________, 2013. _____________________________ NOTARY PUBLIC, State of Florida My Commission Expires: 244 of 424 245 of 424 246 of 424 247 of 424 248 of 424 249 of 424 250 of 424 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 13-021 TO: Chair and Members Planning and Development Board THRU: Michael W. Rumpf Planning and Zoning Director FROM: Ed Breese Principal Planner DATE: August 14, 2013 Abandonment of portions of a 12 foot-wide Utility Easement located at SUBJECT: Compson Place at Renaissance Commons, 1831 Renaissance Commons Boulevard, zoned SMU (Suburban Mixed Use). Applicant: Anthony Comparato, Compson Place Apartments, LLC. NATURE OF REQUEST Anthony Comparato of Compson Place Apartments, LLC, is requesting to abandon portions of a utility easement in conjunction with the Compson Place Apartments project currently under construction in Phase VI of the Renaissance Commons development, located at the SE corner of Congress Avenue and Gateway Boulevard (see Exhibit “A” – Location Map). The subject property is zoned SMU (Suburban Mixed Use) and is the last portion of the final phase to be constructed of the six phase master plan. One portion of the twelve (12) foot-wide utility easement to be abandoned runs in a north-south direction for a distance of approximately 260 feet and is located approximately 50 feet east of the west boundary line of the apartment development site. The other portion of the easement to be abandoned abuts the south boundary line of the apartment development site, is nonsymmetrical, and approximately 27 feet in length at its longest part. Sketches and legal descriptions of the portions of the subject utility easement to be abandoned are attached as Exhibit “B” and Exhibit “C”. The applicant indicates that the portions of the utility easement are being vacated because there are no longer any public utilities located within the easement and will not have any public utilities in the future. Therefore, the easement no longer serves a public purpose. The following is a description of the zoning districts and land uses of the properties that surround the subject request: North: The northern portion of Phase VI of the Renaissance Commons mixed use development and farther north right-of-way of Gateway Boulevard; 251 of 424 South: Phase V of the Renaissance Commons mixed use development (Monteverde Condominiums); East: Right-of-way of Renaissance Commons Boulevard and farther east is Phase IV of the Renaissance Commons mixed use development (Vistabella Townhomes); and West: The western portion of Phase VI of the Renaissance Commons mixed use development and farther west right-of-way of Congress Avenue. BACKGROUND The Renaissance Commons mixed use development was approved in six (6) phases over a period of years beginning in 2003. The first three (3) phases have been completed and occupied for a number of years. The later phases were approved shortly before the downturn in the economy and while construction was begun on the subsequent three (3) phases, work remains to bring them to completion. The Phase IV project to the east of this parcel consists of a condominium development (Villa Lago) which is completed and occupied and a townhouse component (Vistabella) which was started and several units have been completed and residents moved in, then construction stalled, and it is once again under construction. Phase V, located immediately south of the subject parcel, was designed as two (2) condominium towers (Monteverde), one of which is completed and occupied and the other simply has the foundation constructed. Lastly, Phase VI, the northernmost part of the site, is developed along both Congress Avenue and Gateway Boulevard, but the residential component immediately south of these commercial buildings lagged, again due to the economic downturn. Compson Place Apartments recently received the funding necessary to construct the final component of Phase VI, a 338 unit apartment complex. When the project was approved, it was recognized that the footprint of the building would encroach upon the previously dedicated water and sewer utility easement and as a result staff required the abandonment of the easement and dedication of a new easement. The subject request is essentially a housekeeping matter to formalize and closeout the abandonment of the easement already accomplished in the field. The applicant has drafted the legal description and easement sketch for the new replacement easement and provided copies to the Utilities and Engineering Departments for their review and approval. As a condition of approval of this abandonment request, the applicant shall record the new easement documents in the County records. ANALYSIS Owners of properties within 400 feet of the subject site were mailed a notice of this request and its respective hearing dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007 and the abandonment request has been advertised in the newspaper. A summary of the responses is as follows: CITY DEPARTMENTS/DIVISIONS Engineering - No objection Public Works/Utilities - No objection Planning and Zoning - No objection 252 of 424 PUBLIC UTILITY COMPANIES Florida Power and Light - N/A AT & T - N/A Florida Public Utilities - N/A Comcast - N/A RECOMMENDATION Staff has determined that the subject portions of the utility easement no longer serve a public purpose and that a new easement has been proposed to meet the utility needs of the subject project. Based on the above analysis, staff recommends APPROVAL of the applicant’s request to abandon these portions of the subject 12 foot-wide utility easement, subject to the recordation of the new easement in the County records. Any conditions required by the Planning and Development Board and the Commission will be placed in Exhibit “D” - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Renaissance Commons\Compson Place ABAN 13-003\Staff Report.doc 253 of 424 254 of 424 255 of 424 256 of 424 257 of 424 EXHIBIT "D" Conditions of Approval Project name: Compson Place Utility Easement Abandonment File number: ABAN 13-003 Reference: DEPARTMENTS INCLUDE REJECT ENGINEERING/PUBLIC WORKS/ UTILITIES Comments: None FIRE Comments: None POLICE Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: 1. The abandonment of the portions of the 12 foot-wide utility easement X is subject to recording of a replacement easement acceptable to the City in the County records. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Renaissance Commons\Compson Place ABAN 13-003\COA.doc 258 of 424 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Compson Place Utility Easement Abandonment (ABAN 13-003) APPLICANT: Jeffrey Schnars P.E., Schnars Engineering Corporation APPLICANT’S ADDRESS: 949A Clint Moore Road, Boca Raton, FL 33487 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 15, 2013 APPROVAL SOUGHT: Abandonment of portions of a 12 foot-wide Utility Easement located at Compson Place at Renaissance Commons LOCATION OF PROPERTY: SE corner of Gateway Boulevard & Congress Avenue (1831 Renaissance Commons Boulevard) DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO. ________ THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City’s Land Development Regulations. 2. The Applicant _X_ HAS ___ HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit “D” with notation “Included.” 4. The Applicant’s request is hereby ___ GRANTED subject to the conditions referenced in paragraph 3 above. ___ DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: _______________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 259 of 424 DATED:__________________________ _____________________________________________ City Clerk S:\Planning\SHARED\WP\PROJECTS\Renaissance Commons\Compson Place Aban\DO COUS 13-003.doc 260 of 424 10. A CITY MANAGER’S REPORT October 1, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 1, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO R13-108 - EQUESTED CTION BY ITY OMMISSION Approve the request from the Florida Fishing Academy, Inc. to amend their lease agreement with the City for the use of the Bait Shop building at Oyer Park to also include the sale of various fishing related supplies and equipment. ER: The Florida Fishing Academy wishes to amend their existing XPLANATION OF EQUEST lease agreement with the City so that they can also sell fishing related equipment. During the past several months the Academy has reported having some staffing issues due to lack of funding, and they have not been able to maintain a regular schedule of classes. They would like to expand the use of the building so that they can generate some funding to help maintain their program. The details of their request are described on the attached proposal from the Florida Fishing Academy. The Florida Fishing Academy was formed in 2006 for the purpose of empowering at-risk youth with positive life skills, alternatives to destructive or anti-social behavior and a sense of responsibility for shaping the world around them. They use fishing as a vehicle for delivering these lessons. On June 16, 2009, The Commission heard a proposal by the Florida Fishing Academy for use of the Bait Shop building as a place to teach basic fishing skills and construction of equipment by the children that attend the Academy. Their proposal included a retail element to help support these activities. This was met with opposition from neighboring bait shops who were concerned that the opening of an additional business that sells fishing related equipment might affect their operations. The Commission unanimously denied approval for the retail operation, but approved a lease agreement that allowed 261 of 424 the Florida Fishing Academy to provide classes, camps and workshops for students enrolled in their program. The original lease agreement was approved on June 15, 2010 (Reso. No. 10-075) and renewed under the same terms on July 20, 2012 for an additional two year period. The Academy pays the City $1 annually for the term of the lease. H? Along with the Florida Fishing OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Academy’s programs, the Bait Shop building is used as an office and shelter by the parking attendants collecting fees to park and/or launch boats at Oyer Park on weekends and holidays. If the Commission approves the Florida Fishing Academy’s request, the amended agreement will include a stipulation that the additional activities will not interfere with the duties and responsibilities of the parking attendants. The classes being proposed as part of the amendment of the lease agreement will provide an exciting addition to menu of programs being offered by the Recreation & Parks Department. FI: None ISCAL MPACT A: Do not approve the Florida Fishing Academy’s request to amend their LTERNATIVES lease agreement with the City. 262 of 424 RESOLUTION NO. R13- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND TEAM REEL ESTATE, INC., D/B/A FLORIDA FISHING ACADEMY FOR USE OF THE BAIT SHOP BUILDING AT OYER PARK; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on June 15, 2010, the City Commission approved a Lease Agreement that allowed the Florida Fishing Academy to provide classes, camps and workshops for students enrolled in their programs; and WHEREAS, the Florida Fishing Academy wishes to amend their existing Lease Agreement so that they can also sell fishing related equipment to generate some funding to help maintain their program; and WHEREAS, upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to approve and authorize the City manager to execute an Amendment to Lease Agreement with Team Reel Estate, Inc., d/b/a Florida Fishing Academy for the use of the Bait Shop at Oyer Pak to also include the sale of various fishing related supplies and equipment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the City manager to execute the Amendment to Lease Agreement with Team Reel Estate, Inc., d/b/a Florida Fishing Academy for the use of the Bait Shop at Oyer Park to also include the sale of various fishing related supplies and equipment, a copy of which is attached hereto as Exhibit “A”. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of October, 2013. 263 of 424 CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – David T. Merker _______________________________ Commissioner – Michael M. Fitzpatrick _______________________________ Commissioner – Joe Casello ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (City Seal) 264 of 424 AMENDMENT TO LEASE AGREEMENT WITH TEAM REEL ESTATE, INC. D/B/A FLORIDA FISHING ACADEMY THIS AGREEMENT, dated this _____ day of ____________ 2013, by and between: THE CITY OF BOYNTON BEACH, a municipal corporation organized and operating under the laws of the State of Florida, with an address of 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33435, hereinafter referred to as "LESSOR", and TEAM REEL ESTATE, INC. D/B/A FLORIDA FISHING ACADEMY, a corporation authorized to do business in the State of Florida, with a business address of 7067 Peninsula Court, Lake Worth, FL 33467, , hereinafter referred to as “LESSEE”. WHEREAS, on July 20, 2009, LESSOR and LESSEE entered into a two (2) year Lease Agreement for the building at the Boat Club Park located at 2010 North Federal Highway, Boynton Beach, Florida (the “Premises”) (hereinafter referred to as the "Original Agreement"); and WHEREAS, on July 26, 2012, LESSOR and LESSEE entered into a Lease Agreement Extension for the period of July 20, 2012 through July 19, 2014; and WHEREAS, the Parties desire to modify some of the terms therein to permit the LESSEE to conduct additional programming and sales at the Premises. W I T N E S S E T H NOW, THEREFORE, for and in consideration of the sum of the mutual covenants and other good and valuable consideration, the receipt of which are hereby acknowledged, the parties hereto agree as follows: SECTION 1. The recitations set forth in the above "WHEREAS" clauses are true and correct and incorporated herein by this reference. SECTION 2. Article 3 entitled “RENT” of the Original Agreement, as previously renewed, is hereby amended to create sections 3.3 and 3.4 as follows: 3.3 In exchange for the nominal rent, LESSEE agrees to provide a sailing and kayaking program at no cost to LESSOR’s Parks and Recreation students and campers. 3.4 In exchange for LESSOR agreeing to permit LESSEE to utilize the Premises for fly- tying and rod and lure building classes and programs for adults, LESSEE shall remit thirty-five (35%) percent of the proceeds from these programs to the LESSOR. Proceeds shall be remitted by LESSEE to LESSOR on a monthly basis. Proceeds shall be remitted to the LESSOR by the tenth th (10) day of the following month. SECTION 3. Section 4.1 of the Original Agreement, as previously renewed, is hereby deleted in its entirety and replaced as follows: 265 of 424 4.1 LESSEE shall be permitted to conduct sales on the Premises as follows: 4.1.1 LESSEE is permitted to sell the following items from the bait shop a. Rod blanks b. Reel Seats c. Foam grips d. Rod guides and tips e. Thread f. Epoxy g. Rod turning and drying equipment h. Heatguns i. Decals j. Paint brushes k. Mixing cups l. Custom fishing rods built by the students and staff m. Rod butts n. Feathers o. Flyhooks p. Fly jigs q. Fly drying machines r. Gloves s. Items needed to build custom rods, lures and flies for LESSEE’s classes and programs t. Items produced by or for LESSEE, including: T-shirts, Rods, Lures, Flies, Paddle boards, Training DVDs and manuals, Jewelry, and Artwork. u. Guy Harvey merchandise v. Single waters, sodas and other beverages. 4.1.2 LESSEE is prohibited from selling bait and ice. SECTION 4. Article 4 entitled “LESSEE’S OBLIGATIONS” of the Original Agreement, as previously renewed, is hereby amended to create section 4.14 as follows 4.14 LESSEE shall be solely responsible for all cleaning and janitorial services at the Premises. SECTION 5. Section 5.1 of the Original Agreement, as previously renewed, is hereby amended as follows: 5.1 LESSEE may designate its own hours of operation; however, LESSEE agrees that the academy shall be open for operation at a minimum on Saturdays 10:00 a.m. to 1:00 p.m. and consistent with city contracts. LESSEE further agrees that the Premises shall not be open prior to 9:00 a.m. SECTION 6. In the event of any conflict or ambiguity by and between the terms and st provisions of this 1 Amendment and the Original Agreement, the terms and provisions of this 1st Amendment shall control to the extent of any such conflict or ambiguity. 266 of 424 SECTION 7. The terms and provisions of the Original Agreement dated July 20, 2009, as amended, shall remain in full force and effect except as specifically amended herein. IN WITNESS WHEREOF, _______________________________ has hereunto set its authorized hand this ____ day of _____________, 2013. LESSOR: ATTEST: CITY OF BOYNTON BEACH _______________________________________ BY:_________________________________ CITY CLERK CITY MANAGER APPROVED AS TO FORM: ____________________________________ OFFICE OF THE CITY ATTORNEY 267 of 424 LESSEE WITNESS: __________________________ ___________________________________ Print Name:_________________________ Title: ______________________________ STATE OF FLORIDA ) ) ss: COUNTY OF BROWARD ) ON THIS ____ day of ___________________, 2013, before me, the undersigned notary public, personally appeared __________________________, as _________________ of _______________________________________________, 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/she executed the same on behalf of said corporation and that he/she was duly authorized to do so. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ___________________________________ NOTARY PUBLIC My Commission Expires: ___________________________________ Print or Type Name 268 of 424 August 15, 2013 Wally Majors, Parks & Recreation director Boynton Beach City Hall 100 E. Boynton Beach Blvd. Boynton Beach, Fla. 33435 Dear Wally: We would like to make an amendment to our existing lease by executing an addendum for the bait shop that would include the following additional terms: 1.Our current lease allows us to teach youth. In addition, we would also like to add fly-tying and rod- and lure-building classes and programs for adults as well. 2.We would charge for these new classes, and the city would receive 35% of the price. We would enter into an instructor’s agreement with the city to formalize this relationship. 3.In addition to these classes, we also want to sell these items from the bait shop: a.Rod blanks b.Reel Seats c.Foam grips d.Rod guides and tips e.Thread f.Epoxy g.Rod turning and drying equipment h.Heat guns i.Decals j.Paint brushes k.Mixing cups l.Custom fishing rods built by the students and staff m.Rod butts n.Feathers o.Fly hooks p.Fly jigs q.Fly drying machines r.Gloves s.Any other item needed to build custom rods, lures and flies for our classes and programs 4.We would like to be able to sell any item produced by the academy or for the academy, including: a.T-shirts b.Rods c.Lures d.Flies e.Paddle boards f.Training DVDs and manuals g.Jewelry h.Artwork 5.We would like to sell any Guy Harvey merchandise. Current lists of items are available at guyharveyart.com. The most common items we would sell include: a.Clothing b.Artwork 269 of 424 c.Stickers d.Posters 6.We would like to sell single waters, sodas and other beverages, since there is no water fountain in the bait shop. Please note that the earliest we would open is at 9 a.m. We are not targeting the fishermen launching their boats in the morning, and we would not be selling any bait or ice. If the city agrees to these terms, we would be willing to increase our programming to the teen residents of Boynton by offering them a sailing and kayaking program at no cost to Parks and Recs students and campers. We would also be willing to take over the cleaning and janitorial services at the shop. Sincerely, Rich Brochu Captain Richard Brochu Executive Director Florida Fishing Academy, Inc 7067 Peninsula Court Lake Worth, FL 33467 561-740-7227 270 of 424 September 10, 2013 Wally Majors, Parks & Recreation director Boynton Beach City Hall 100 E. Boynton Beach Blvd. Boynton Beach, Fla. 33435 Dear Wally: This letter confirms that any revenue generated by the sale of the items listed in the contract addendum will be used toward programming services in the activities/classes we are offering in the Boat Ramp Park building. Sincerely, Rich Brochu Captain Richard Brochu Executive Director Florida Fishing Academy, Inc 7067 Peninsula Court Lake Worth, FL 33467 561-740-7227 271 of 424 10. B CITY MANAGER’S REPORT October 1, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 1, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Evaluate the Special Event Ad Hoc Advisory EQUESTED CTION BY ITY OMMISSION Committee to determine if the committee will become permanent or be disbanded. ER: At the February 1, 2011 City Commission meeting, former XPLANATION OF EQUEST Mayor Rodriguez initiated a discussion regarding establishment of a Special Events Advisory Board for the City. Following an unsuccessful motion to create a new advisory board, the Commission approved a substitute motion (4-1) to establish an ad hoc committee for special events and to reassess the committee after the first year. Then at the April 27, 2011 City Commission meeting the Commission reviewed best practices for special event committees around the country and the Commission directed staff to create a structure for a Special Event Ad Hoc Advisory Committee based on elements found in the best practice examples. The Ad Hoc Committee was to function for a two-year term and then be evaluated to determine if the committee was to become permanent. The two-year term expired in June 2013. The Special Events Ad Hoc Advisory Committee (“the committee”) mission was to be a working committee that exists to suggest, evaluate and implement special events within the city that increases economic development, celebrates unity in diversity and promotes the City of Boynton Beach as a vibrant, livable destination community. The committee was also to be responsible for tracking major special events within the city through a city-wide events calendar. The specific duties and responsibilities of the committee as listed in the enabling resolution No. R11-059 (attached) is as follows: 272 of 424 The committee will evaluate city initiated events to improve quality and 1 attendance at events that will have a positive community impact. The committee will make recommendations to the City Commission 2 regarding specific special events and new special events. The committee will serve as liaison and facilitate an information exchange 3 between neighborhood associations, local businesses and community- based organizations and the city. The committee will identify locations throughout the city that can be 4 utilized for special events. The committee will develop and implement strategies to encourage city- 5 wide participation in special events. The committee will identify creative local, state and national marketing and 6 advertising opportunities. The committee will identify and secure monetary and nonmonetary 7 opportunities for special events sponsorship The committee will develop and implement ideas for maintaining a 8 continuous marketing effort to improve and promote the public image of the city’s special events. The committee will develop and implement ideas for revenue producing 9 and revenue sharing opportunities. The committee will develop and implement strategies to identify and 10 attract potential special events sponsors. The committee will identify events that have the potential to become 11 signature events for the community. The committee will investigate and identify ways to reduce event support 12 from City departments. The committee was also responsible for providing a report to the City Commission no less than on a quarterly basis, or as often as necessary to provide recommendations, observations, concerns or other information and to file an annual “state of special events” report with the City Commission so that it will be reviewed during the month of May, thus affording time to address special events and the budget for the City for the following fiscal year. H? To date, the committee has OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES collaborated with the Greater Boynton Beach Chamber of Commerce to add a Hot Chili Pepper element to the Chamber’s Blues Cruise event that was held earlier this year along Ocean Ave. The mission, duties and responsibilities of the committee as addressed in the enabling resolution have not been performed and the reporting requirements have not been followed. Special Events have been identified by the City Commission in the 5-Year Strategic Plan as a priority to enhance economic development. With the advent of the City/CRA/Chamber Collaborative Initiative, the hiring of a City Communications Manager, and the creation of a City Economic Development Division, staff believes that special events should be created and/or vetted directly through these entities rather than having an additional bureaucratic layer to contend with. 273 of 424 It is therefore staff’s recommendation that the Special Event Ad Hoc Advisory Committee be disbanded and special events for the city are coordinated through the City, CRA and/or the Greater Boynton Beach Chamber of Commerce. FI: No funds were budgeted to assist the committee. The expectation was ISCAL MPACT that the committee would secure sponsorships and partnership opportunities to reduce event support from the City. A: 1.) Approve staff recommendation to disband the committee, 2.) Make LTERNATIVES the committee a permanent advisory board that will be held accountable for performing the duties and responsibilities listed in the resolution, 3.) Allow committee to continue and run the risk of redundant and/or conflicting events with the City/CRA/Chamber. 274 of 424 275 of 424 276 of 424 277 of 424 278 of 424 279 of 424 280 of 424 281 of 424 282 of 424 283 of 424 284 of 424 285 of 424 286 of 424 287 of 424 288 of 424 289 of 424 290 of 424 291 of 424 292 of 424 293 of 424 294 of 424 295 of 424 296 of 424 297 of 424 298 of 424 13. A LEGAL October 1, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 1, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 13-026 - EQUESTED CTION BY ITY OMMISSION SECOND READING - PUBLIC HEARING - Approve the historic designation application for the st Boynton Hills Lights located along NW 1 Street, Boynton Beach. ER: At its meeting on May 15, 2012, the City Commission XPLANATION OF EQUEST approved a request to proceed with the historic designation of three city-owned sites, one of which is the Boynton Hills Lights. If the designation application is approved, the sites will be added to the Boynton Beach Register of Historic Places. To qualify as a historic site, a property must have significance in American history, architecture, archaeology, engineering or culture and possess integrity of location, design, setting, materials, workmanship, feeling, and association. The site must also be significant in one or more of the following areas: a. Association with events that have made a significant contribution to the broad patterns of the City’s history; b. Association with the lives of persons significant in the City’s past; c. Embodies the distinctive characteristics of a type, period or method of construction, or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction; 299 of 424 d. Has yielded, or may be likely to yield, information important in prehistory or history; or e. Is listed in the National Register of Historic Places. The subject comprises four ornamental light poles each of which is situated within a circular landscaped island in the Boynton Hills Subdivision. The lights are located along strdthth NW 1 Street at the rotary intersections with NW 3 Court, NW 5 Court, NW 7 Court, th and NW 9 Court. The Boynton Hills Subdivision was platted in 1925 and is notable for its ornate layout pattern which contains curving streets and landscaped islands. Newspaper articles from 1925 described the subdivision as “…one of the most beautiful and exclusive of Florida’s new developments…” where the intent of the developers was to “…make Boynton Hills the most attractive development in the state.” The main street running st from north to south through the subdivision (NW 1 Street) was originally named Grand Boulevard and the streets running from east to west were named after universities, for example, Yale Boulevard and Harvard Drive. The lights are an important element of this st streetscape design as they provide ornamental focal points along the length of NW 1 Street at the rotary intersections. The lights, made by Westinghouse Electric, are manufactured from Hollowspun concrete and are in the “Sheridan” style. Many similar lights were installed in the city from the 1920s onwards; however, it appears that only five now remain: the four subject lights and one at the Boynton High School. Although not currently working, the lights appear to be unaltered and in good condition. As detailed in the designation application, the subjects are significant in a local context under the areas of architecture and streetscape and they retain much of their integrity. The subjects also meet criteria “c” from the above list as they: “Embody the distinctive characteristics of a type, period or method of construction.” Therefore, the subjects meet the required criteria and are eligible for historic designation. H? The sites will be added to the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Boynton Beach Register of Historic Places, will help raise public awareness of the City’s Historic Preservation Program, and will promote heritage tourism. Designation will also meet the requirements of the Certified Local Government Agreement with the Florida Division of Historical Resources. FI: There will be no immediate fiscal impact to the city; however, once ISCAL MPACT designated, the sites may be eligible for future grant funding. A: Do not approve the historic designation application. LTERNATIVES 300 of 424 ORDINANCE NO. 13-026 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, DESIGNATING THE PROPERTY KNOWN AS THE BOYNTON HILLS ST LIGHTS LOCATED ALONG NORTHWEST 1 STREET, BOYNTON BEACH, WHICH IS MORE FULLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE; PROVIDING A NON-SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, Chapter 4, Article IX, Section 6 of the City of Boynton Beach Land Development Regulations provides for the designation and protection of historic sites in the City of Boynton Beach; and WHEREAS, the Boynton Hills Lights comprise four ornamental light poles, each of which is situated within a circular landscape island in the Boynton Hills Subdivision, and are manufactured by Westinghouse Electric from Hollowspun concrete in the “Sheridan” style; and WHEREAS, many similar lights were installed in the city from the 1920s onwards; however, it appears that only five now remain: the four subject lights and one at the Boynton Beach High School, although not currently working, the lights appear to be unaltered and in good condition; and WHEREAS, the Historic Preservation Board of the City of Boynton Beach prepared a designation report for the designation of the Boynton Hills Lights as a historic site and held a duly noticed public hearing in regard to the designation of the property as an historic site at which no member of the public spoke in opposition to the designation of the property as an historic site; and WHEREAS, the City Commission of the City of Boynton Beach has conducted a duly noticed public hearing in regard to the designation of the Boynton Hills Lights as a historic site. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 301 of 424 Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. st Section 2. The Boynton Hills Lights located along NW 1 Street at the rotary rdththth intersections with NW 3 Court, NW 5 Court, NW 7 Court and NW 9 Court which are shown on the location map attached and incorporated into this Ordinance as Exhibit "A", and is hereby designated as the Boynton Hills Lights Historic Site in accordance with and under the provisions of Chapter 4, Article IX, Section 6.C., of the City of Boynton Beach Land Development Regulations. Section 3. It is the intention of the City Commission of the City of Boynton Beach that this Ordinance and each and every of its terms be considered a part of a single whole and that the Ordinance not be severable and that if a court of competent jurisdiction finds that any section of this Ordinance is unlawful or unenforceable the Ordinance shall be unenforceable it its entirety. Section 4. This Ordinance shall become effective immediately upon its passage and adoption. th FIRST READING this 17 day of September, 2013. 302 of 424 SECOND, FINAL READING AND PASSAGE this ______ day of ________, 2013. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – David T. Merker ______________________________ Commissioner – Michael M. Fitzpatrick _______________________________ Commissioner – Joe Casello ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 303 of 424 304 of 424 305 of 424 306 of 424 307 of 424 308 of 424 309 of 424 310 of 424 311 of 424 312 of 424 313 of 424 314 of 424 315 of 424 316 of 424 317 of 424 318 of 424 319 of 424 320 of 424 321 of 424 322 of 424 323 of 424 324 of 424 325 of 424 326 of 424 327 of 424 328 of 424 329 of 424 330 of 424 331 of 424 332 of 424 333 of 424 13. B LEGAL October 1, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 1, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 13-027 - EQUESTED CTION BY ITY OMMISSION SECOND READING - PUBLIC HEARING - Approve amendments to the Mobile Vending Unit regulations of the Land Development Regulations, Part III - Chapter 1, Article II; Chapter 2, Article II, and Chapter 3, Article V. ER: To meet the demands of our increasingly time-constrained XPLANATION OF EQUEST society, more and more sales and services are going mobile. Cities across the country have experienced similar shifts in the way citizens are procuring food, merchandise and services. Here in Boynton we experienced a similar trend when a food truck rally approached the City to use Oyer Park as the host site for a weekly event which ran from March through June of this year. In order to determine community support for these types of events, Commission suspended the Special Event Permit requirement for the duration of that event. During that time, staff gathered attendance statistics, which clearly indicated growing popularity through increased attendance each week. Following the end of the event, staff solicited input from a focus group, representing a cross section of both proponents and opponents of the event. A summary of the findings gathered from the focus group is provided under separate cover. Utilizing the data collected, staff is proposing modifications to the existing Mobile Vending Unit (MVU) regulations to facilitate the inspection and licensing of MVU activity within the City, and a specific permit program to allow for the continuation of Assembly 334 of 424 type events consisting of greater than three (3) mobile vending units in specific zoning districts throughout the City for both public and private venues. th The Planning & Development Board reviewed this request at their September 24 meeting and recommended approval with conditions to mitigate noise from external generators. H? Planning and Zoning Department OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES staff currently administer the MVU permit process. Expanding that program to include MVU Assemblies will not create a significant burden on staff. FI: Approximately $1,250 in Assembly permit revenues income and ISCAL MPACT approximately $1,700 in Mobile Vending Unit permit revenue income. A: Do not amend the current regulations thereby prohibiting MVU LTERNATIVES Assembly events and limiting the types of MVU’s allowed to operate in the City. 335 of 424 ORDINANCE NO. 13-027 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS BY AMENDING CHAPTER 1, ARTICLE II; AMENDING CHAPTER 2, ARTICLE II; AMENDING CHAPTER 3, ARTICLE V ALL REGARDING MOBILE VENDING UNIT REGULATIONS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City’s MVU regulations apply broadly to all types of mobile vendors, whether providing a service or selling merchandise or food; and WHEREAS, staff is proposing to modify the Land Development Regulations (LDR) to facilitate the inspection and licensing of MVU activity within the City and a specific permit program to allow for the continuation of assembly type of events consisting of greater than three (3) mobile vending units in specific zoning districts throughout the City for both public and private events; and WHEREAS, upon recommendation of staff, the City Commission of the City of Boynton Beach deems it to be in the best interest of the citizens and residents of the City to amend the Land Development Regulations to facilitate the inspection and licensing of MVU activity within the City and a specific permit program to allow for the continuation of assembly type of events consisting of greater than three (3) mobile vending units in specific zoning districts throughout the City for both public and private events. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. Chapter 1, Article II, Chapter 2, Article II and Chapter 3, Article V of the Land Development Regulations, are hereby amended by adding the words and figures in underlined type, as follows: See Exhibit “A” attached hereto. Section 3. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. 336 of 424 Section 4. Authority is hereby given to codify this Ordinance. Section 5. This Ordinance shall become effective immediately. th FIRST READING this 17 day of September, 2013. SECOND, FINAL READING AND PASSAGE this ____ day of October, 2013. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – David T. Merker ______________________________ Commissioner – Michael M. Fitzpatrick ______________________________ Commissioner – Joe Casello ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 337 of 424 338 of 424 339 of 424 340 of 424 341 of 424 342 of 424 343 of 424 344 of 424 345 of 424 346 of 424 347 of 424 348 of 424 349 of 424 350 of 424 351 of 424 352 of 424 353 of 424 354 of 424 Mobile Vendor Code Citations Part III (LDR), Chapter 1, Article II MOBILE VENDING UNIT (MVU) - Any movable cart, trailer, or other vehicle that is operated from an established location, from which food, flowers, and other merchandise and services, as well as non-alcoholic beverages are provided to the public with or without charge; except, however, that the provisions of this ordinance shall not apply to mobile caterers, or service providers, generally defined as a person engaged in the business of transporting, in motor vehicles, food, beverages, or service equipment to residential, business, and industrial establishments pursuant to prearranged schedules, and dispensing from the vehicles the items or services at retail, for the convenience of the personnel of such establishments. For the purposes of implementing and interpreting the mobile vendor ordinance, the following definitions shall apply: ADULTERATED - The condition of a food that bears or contains any poisonous or deleterious substance or has been processed, prepared, packed or held under unsanitary conditions, whereby it may have become contaminated with filth, in a quantity which may render it injurious to health. APPROVED MANNER - Method of dealing with waste, solid or liquid, which comports with adequate sanitation methods as established by the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation. APPROVED SOURCE – A licensed food processing establishment considered satisfactory by the health director and serving food products which are clean, wholesome, free from adulteration or misbranding and safe for human consumption. ASSEMBLY – A concentration of three (3) or more MVU’s coordinated by a single applicant intended to contribute to the vitality of publicly-accessible spaces and community activities. Events of this type are subject to City Commission approval and are typically held as recurring, temporary events over a fixed period of time. COMMISSARY - A food processing establishment or food service establishment approved by the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation in which food, containers or supplies are kept, handled, prepared, packaged or stored for transportation by mobile vendors. CORROSION RESISTANT MATERIAL - A material which maintains its original surface characteristics under prolonged influence of food, cleaning compounds, bactericidal solutions and other conditions-of-use environment. 355 of 424 Formatted: Font: Not Bold EASILY CLEANABLE - Surfaces are readily accessible and made of such material and finish and so fabricated that residue may be effectively removed by normal cleaning methods. FOOD - Any raw, cooked or processed edible substance, ice, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption. FOOD HANDLER - A person, certified by the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation, engaged in the preparation, handling or vending of food. FOOD VENDOR - Any person, group of persons, firm or corporation who individually or by or through an agent or employer, offers for sale, sells, attempts to sell, exposes for sale or gives away any food intended for human consumption from any vehicle or by a person afoot. LABEL – A display of any written, printed, or graphic matter upon the immediate container, not including package liner, of any prepackaged article in accordance with state law. LIQUID WASTE - Fluid, resulting from wastes produced from food vending operations, composed of solids, whether dissolved or in suspension; liquids, whether in solution, in emulsion or in separate phases; and gases. The term shall also include melted ice. MERCHANDISE - Items of clothing, jewelry (including timepieces), photos, artwork, housewares, flowers, plants, landscape materials, carpets, phones and accessories, small appliances, medicines, personal care items, books and/or magazines as well as audio or video recordings, tapes, discs or other media. MISLABELED AND MISBRANDED - The presence of any written, printed or graphic matter upon or accompanying any food or container of food which is false or misleading and which is not presented in the English language as stipulated by the Food and Drug Act, Title 21, Chapter 1-101.15 or which violates any applicable federal, state or local labeling requirements. PERISHABLE FOOD - Food, including shelled eggs, of a type or in such condition that it will become adulterated unless kept at a temperature which will maintain product quality and wholesomeness. PERMIT -– A site specific license to operate a mobile vending unit which shall be issued by the Planning and Zoning Division of the City’s Department of Development for a stated fee and shall be carried by a vendor or food handler at all times while vending. POTENTIALLY HAZARDOUS FOOD - Any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea or other ingredients including synthetic ingredients, in a form capable 356 of 424 of supporting rapid and progressive growth of infectious or toxigenic microorganisms. The term does not include clean, whole, uncracked, odor-free shell eggs or foods which have a pH level of 4.5 or below or a water activity (AW) value of 0.85 or less. PUBLIC WAYS - Include all portions of public streets, alleys, sidewalks, trails and parking lots of the City of Boynton Beach and, in addition, shall include privately owned streets, roads, alleys, sidewalks, trails, and parking lots that are provided for public use or access. SAFE TEMPERATURES - As applied to potentially hazardous food, shall mean temperatures of forty-five (45) degrees Fahrenheit (seven (7) degrees Celsius) or below, or one hundred forty (140) degrees Fahrenheit (sixty (60) degrees Celsius) or above and zero degrees Fahrenheit (minus seventeen (17) degrees Celsius) or below for frozen food storage. SANITIZE - Effective bactericidal treatment of cleaned surfaces of equipment and utensils by a process which has been approved by the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation as being effective in destroying microorganisms including pathogens. SERVICES - Personal services to include portraits, body art, and hair braiding; the cleaning and detailing of vehicles including automobiles, trucks, vans, and motorcycles; and repairing household goods, tools, and equipment. SINGLE SERVICE ARTICLES - Cups, containers, lids, closures, plates, knives, forks, spoons, stirrers, paddles, straws, napkins, wrapping materials, toothpicks and similar articles intended for one-time, one-person use and then discarded. STICKER – A decal issued by the Planning and Zoning Division of the City’s Department of Development that is numbered and has the month and year of the expiration date of the permit which shall be displayed on the mobile vending unit. UTENSIL - Any implement used in the storage, preparation, transportation or serving of food. VEHICLE - Every device in, upon, or by which any persons, food or other commodity is or may be transported, pushed or drawn. WHOLESOME - In sound condition, clean, free from adulteration and otherwise suitable for use as human food. Part III (LDR), Chapter 2, Article I, Section 2 Section 2. Types of Land Development Applications 357 of 424 A. Table 2-1. Applications by City Departments. Legend: HRPB: Historic Resources Preservation Board P&Z: Planning and Zoning Division P&D: Planning and Development Board CRA: Community Redevelopment Agency CC: City Commission 358 of 424 REVIEWING PUBLIC CODE APPROVING APPLICATION TYPEAUTHORITY HEARING SECTION AUTHORITY (STAFF) REQUIRED? ARTICLE II. PLANNING AND ZONING DIVISION SERVICES Standard Applications Art II, Director of CC Yes Annexation Section 2.A P&Z Comprehensive Plan Amendment Art II, Text City Initiated Only Section 2.B.2 Future Land Use Map Art II, Director of CC Yes (FLUM) Section 2.B.3 P&Z Art II, Conditional Use Section 2.C Director of CC Yes* P&Z Conditional Use Time Art II, Extension Section 2.C.6 Art II, Rezoning Section 2.D Article II, Master Plan (New) Section 2.D.6 CC Yes* Director of P&Z Article II, Master Plan Section Modification (Major) 2.D.6.g Master Plan Article II, Director of No Modification (Minor) Section 2.D.6.h P&Z Art II, Director of Director of Sign Program No Section 2.E P&ZP&Z Art II, Site Plan Review Section 2.F Site Plan Time Art II, CC Yes* Extension Section 2.F.6 Director of P&Z Site Plan Modification (Major) Art II, Section 2.F.7 Site Plan Modification Director of No (Minor) P&Z Vacation and Art II, Director of CC Yes* Abandonment Section 2.G P&Z ) Planned Industrial Development (PIDApplications Master Site Plan (New) Art II, PID Zoning District Only Section 3.A CC Yes Master Site Plan Director of Modification, Major P&Z Art II, Section 3.A.6 Master Site Plan Director of No Modification, Minor P&Z Technical Site Plan (New) Art II, PID Zoning District Only Section 3.B Technical Site Plan Director of Director of No Modification, Major P&Z P&Z Art II, Section 3.B.6 Technical Site Plan Modification, Minor APPLICATION TYPECODE REVIEWING APPROVING PUBLIC 359 of 424 REVIEWING PUBLIC CODE APPROVING APPLICATION TYPEAUTHORITY HEARING SECTION AUTHORITY (STAFF) REQUIRED? SECTION AUTHORITY AUTHORITY HEARING (STAFF) REQUIRED? continued ARTICLE II. PLANNING AND ZONING DIVISION SERVICES Art II, Director of Waiver CC Yes Section 3.C. P&Z Relief Applications Administrative Art II, Director of Director of No Section 4.A P&Z P&Z Adjustment Art II, Director of Community Design CC Yes Appeal Section 4.B P&Z Art II, Director of CC Yes Height Exception Section 4.C P&Z Variance to Land Art II, Director of CC Yes* Section 4.D P&Z Development Regulations Art II, Director of See Site Plan See Site Plan Waiver Section 4.E P&Z Review Review Permit Applications Art II, Director of Director of Sign Permit No Section 5.A P&ZP&Z Art II, Director of Director of Zoning Permit No Section 5.B P&ZP&Z Historic Preservation Certificate of Art II, Director of HRPB Yes Section 6.A. P&Z Appropriateness Art II, Director of Historic District or CC Yes* Properties Designation Section 6.B. P&Z Historic Preservation Art II, Director of CC Yes Property Tax Exemption Section 6.C. P&Z Application Other Applications Art II, Director of Director of Certificate of Conformity No Section 7.A P&Z P&Z Art II, Director of Director of No Lot Line Modification Section 7.B P&Z P&Z Art II, Director of P&DDirector YesNo Mobile Vendor Approval Section 7.C P&Z of P&Z Art II, Director of Mobile Vendor Assembly CC Yes Section 7.C P&Z Art II, Director of Modification to CC Yes Development Order Section 7.D P&Z Art II, Director of CC No Sidewalk Café Approval Section 7.E P&Z Zoning Verification Art II, Director of Director of No Section 7.G P&Z P&Z Letter ARTICLE III. ENGINEERING DIVISION SERVICES Art III, Preliminary Plat City Engineer City Engineer No Section 2.B Art III, City Engineer CC Yes Final Plat 360 of 424 REVIEWING PUBLIC CODE APPROVING APPLICATION TYPEAUTHORITY HEARING SECTION AUTHORITY (STAFF) REQUIRED? Section 2.C Part III (LDR), Chapter 2, Article II, Section 7.C. C. Mobile Vendor Approval. 1. General. a. Purpose and Intent. The purpose and intent of this subsection is to set forth well-defined application processes, review criteria, and information to guide in the processing and review of mobile vending units (MVU) submittals. b. Applicability. This subsection is applicable to any MVU proposed on private property or within public rights-of-way as allowedwithin the City in accordance with Chapter 3, Article V, Section 10. It shall be unlawful for anyone to operate an MVU in the City without first obtaining the necessary approvals as contained herein. 2. Submittal Requirements. See Section 1.D above for the submittal requirements of this application. Because of minimum separation requirements between each MVU, in those instances when more than one (1) application has been submitted for the same location, the earliest application shall be processed and forwarded to either the Planning and Development Board or the Community Redevelopment Agency, whichever is applicable. 3. Review Criteria. The MVU shall comply with the regulations and requirements of Chapter 3, Article V, Section 10. Site constraints and site plan functionality shall be satisfactorily addressed to justify the request. 4. Approval Process. Staff shall review the proposed location and design dimensions of each MVU to ensure compliance with the review criteria contained herein, and provide a recommendation. If the application is for an Assembly, tThe application is forwarded to the either the Planning and Development Board or Community Redevelopment Agency, whichever is applicable. The respective Board shall make a recommendation to the City Commission, and the City Commissionwho shall take the following action: 1) approve; 2) approve with conditions; 3) table or defer their decision to a subsequent meeting in order to collect additional information or conduct further analyses; or 4) deny the request for an assembly of MVU’s. Once an individual or assembly MVU application is approved by the City Commission, a permit fee shall be paid by the applicant, and Business Tax Receipt or Certificate of Use received, prior to the operation of the MVU. 361 of 424 5. Expiration. Each approval for an MVU shall be effective for one (1) year, from October 1 until September 30, subject to annual renewal. Assembly permits are issued on a quarterly basis, subject to City Commission conditions. 6. Fees. The annual renewal fees for an MVU shall be paid to the Business Tax Division in accordance with the fee schedule as adopted by the City. Assembly permits are paid per quarter, subject to City Commission conditions. 7. Suspension. Approval of an MVU or Assembly permit may be temporarily suspended by the City under the following circumstances: 1) when necessary to clear sidewalk areas for a “community or special event” authorized by the City; 2) when street, sidewalk, or utility repairs necessitate such action; or 3) when the City may cause the immediate removal or relocation of all or parts of the MVU or assembly in emergency situations. 8. Denial or Revocation. The Building Boards of Adjustment and Appeal, for Business Tax Receipt and Certificate of Use, or the City Commission, for Assembly permits, shall have the power and authority to deny or revoke the issuance or renewal of any application for MVU or Assembly under the provisions of these regulations. In such instances, the applicant shall be notified in writing by certified mail of the denial of an application or the suspension or revocation of an existing approval, and the grounds thereof. Upon such notification, the operation shall cease and desist until final action or outcome of the Board or City Comission. An application approved under these regulations may be recommended for suspension or revocation by staff, based on one (1) or more of the following: a. Florida Department of Business and Professional Regulation. Cancellation of the Vendor’s permit issued by the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation. b. Expiration. Expiration, suspension, revocation or cancellation of any other business tax receipt, Certificate of Use or permit required by the vendor. c. Fraud. The permit was procured by fraud or false representation of fact. d. Consent. The abutting property owner or tenant withdraws consent, in writing, for the mobile vending unit. e. Violations. Violations of this or any other ordinance, the City’s municipal code, conditions of permit, or when conditions exist that present a threat to the public health, safety, or welfare. 362 of 424 f. Miscellaneous. If determined to be noncompliant with the review criteria contained herein or otherwise inconsistent with the original approval, or changing conditions warrant the removal of the unit from the public sidewalk right of way 9. Appeal. Applicants who have been denied a request for an MVU or assembly permit or who have had their approval revoked may formally appeal such denial or revocation to the City Commission in accordance with Chapter 1, Article VIII. Part III (LDR), Chapter 3, Article V, Section 10. Section 10. Mobile Vendor Regulations. A. Purpose and Intent. The purpose of this section is to provide for the regulation of mobile vending activities, including Assembly, on public and private property, in certain commercial and mixed-use zoning districts of the City in order to promote the public interest by contributing to an active and attractive pedestrian environment. In recognition thereof, reasonable regulation of mobile vending is necessary to protect the public health, safety, and welfare and the interests of the City in the primary use of public streets, sidewalks, and parking areas, for use by vehicular and pedestrian traffic. B. Definitions. See Chapter 1, Article II for specific definitions applicable to Mobile Vending Units (MVU). C. Approval Required. It shall be unlawful for any establishment or organization to engage in or carry on the business of vending food, goods, or services, upon private property or the public ways of the City without first having secured a permit or permits as required by this section. See Chapter 2, Article II, Section 67.C for the process and procedure to obtain approval for an MVU. It is not the intent of these regulations to be applied to mobile vendors temporarily approved in conjunction with a special sales event. See Section 6 above for additional regulations regarding Special Sales Events. D. Districts. The operating area of an MVU shall be entirely located in the following zoning districts: C-2, C-3, C-4, CBD, PCD, SMU, MU-L1, MU- L2, MU- L3, and MU-H,. M-1; , PU; ,REC; ,and PID E. Compatibility. An MVU shall be compatible in materials and color with the surrounding environment. The use of an MVU shall be compatible with the public interest. In making such a determination, staff shall consider 363 of 424 the type and intensity of use, the width of the sidewalk, the width and type of right-of-way; location of fire lanes; fire hydrants; distance from intersections and major driveways; the proximity and location of existing street furniture, including but not limited to traffic control devices, signposts, lampposts, parking meters, benches, phone kiosks, mailboxes, fire hydrants, landscaping, trees, buffer yards, public art and refuse containers, as well as the presence of truck loading zones. Staff shall also consider established and emerging pedestrian and vehicular traffic patterns, as well as other factors it deems relevant in determining whether or not the proposed use would diminish required parking or result in congestion of the public and private ways, on-site traffic circulation patterns, or the creation of a safety hazard. F. Location Criteria. An MVU shall be limited to one (1) assigned location and must be self-containedpermitted to operate throughout the City in approved zoning districts once a Business Tax Receipt or Certificate of Use has been issued; utility service connections are not only permitted once an approved Building permit has been issued. In addition, an MVU must comply with the following location criteria, whichever is applicable: 1. Public Property and Rights-of-Way. An MVU, located on public property or within a right-of-way, shall comply with the following requirements: a. Maximum Area. An MVU shall not occupy an operating area of more than 72 310 square feet of space, including the unit, operator, trash receptacle, signage, merchandise, and covering, if applicable, per one-half (0.5) acre site. A single entity may request approval for more than one (1) MVU within the same 72-square foot operating area per every one-half (0.5) acre of site. b. Maximum Dimensions. An MVU shall not exceed ten (10) feet in width by twenty-five (25) feet in lenghtb. Maximum Dimensions. An MVU shall not exceed four and one-half (4-½) feet in width by eight (8) feet in length, including any hitch or fixed trailer components. In addition, the MVU must have a minimum of two (2) functional, fully inflated wheels, and positive wheel-locking devices. c. Maximum Height. The maximum height of an MVU, including any covering, such as its canopy, umbrella, and / or transparent enclosure, shall not exceed seven (7) fifteen (15) feet, excluding venting equipment, . d. Sidewalks. An MVU vendor located on a public sidewalk shall not: (1) Vend at any location where the sidewalk is less than 364 of 424 Formatted: Tab stops: 2.56", Left + 3.94", Left Formatted: Font: Not Bold Formatted: Font: Not Bold 10 feet in width; (2) Vend within 20 feet of an entrance to any building, bus stop sign, driveway, stop sign, or cross walk of any intersection; and (3) Obstruct the view of any directional sign, traffic control sign, or device. 2. Private Property. An MVU is allowed on private property, provided that it complies with the following regulations a. Accessory Use. A new or renewed MVU is allowed as an accessory use to a lawful principal use. The principal use must be located within a principal building and possess a valid Business Tax receipt. No MVU shall be allowed on a vacant lot / leased parcel. ba.. Class “A” MVU. An MVU is considered “Class ‘A’” if it is less than seven (7) feet in height, including its canopy, umbrella, and / or transparent enclosure and if the operating area is 72 square feet or less, including the unit, operator, and trash receptacle. This class includes carts and small trailers. A Class “A” MVU is allowed on hard surfaces only, and if placed within walkways, shall not obstruct or impede pedestrian movement or cause noncompliance with ADA accessible route requirements. A minimum clear passage of four (4)-feet must be maintained for pedestrian travel at all times. A Class “A” MVU may be placed within off-street parking spaces but shall be restricted to excess parking spaces only. It shall not obstruct or impede critical vehicular use movements or otherwise create a hazard. cb. Class “B” MVU. An MVU is considered “Class ‘B’” if it is either greater than seven (7) feet in height or in excess of 72 square feet in operating area, or both. This class includes carts, trailers and vehicles in excess of the size limitations of a Class “A” MVU A Class “B” MVU shall meet the building setbacks of the zoning district for which it is located, along with the other regulations required for a Class “A” MVU. A Class “B” MVU shall be allowed on all sites greater than one- half (0.5) acre in size. No more than one (1) MVU per one-half (0.5) acre shall be permitted. 365 of 424 ABoth Class “A” and “B” MVU’s isare allowed on hard surfacesimproved property only, and if placed within walkways or right-of-ways, shall not obstruct or impede pedestrian movement or cause noncompliance with ADA accessible route requirements. A minimum clear passage of four (4)-feet must be maintained for pedestrian travel at all times. G. Removal. Each MVU shall be removed daily. An MVU shall not remain on any public or private property, or within any rights-of-way between the hours of midnight and 6:00 AM. H. Maintenance. The mobile vending unit, including any canopies, umbrellas, or transparent enclosures, must be clean, and well maintained. The vending site itself must also be clean and orderly at all times, and the vendor must provide a refuse container for use by his patrons. The container shall be removed after the unit has departed for the day. Vendor wastes of any kind shall not be deposited or permitted to be deposited upon the ground, sidewalk, streets, city waste receptacles, or private dumpsters. I. Separation. 1. Between Units. An MVU shall not be placed within 100 feet from another MVU of a different vendor for which a permit had been granted unless requested as a condition of permit. No approval shall be issued for a new MVU that does not meet this minimum distance requirement. 2. From Selected Land Uses. a. An MVU shall not be placed within 300 200 feet from the property line of any public or private DC, any AY ARE School type of , playground, or single- family residential zoning district. b. An MVU shall not be placed within 300 150 feet from the property line of any establishment that sells or provides similar foods, merchandise, or services as that of the MVU without the prior written consent of the similar establishment. c. An MVU shall not be placed within 300 feet of the property line of any church, temple, mosque, synagogue, or other place of worship. J. Display. 366 of 424 1. Display of Permit and License. All vendors must display the permit issued by the City in a prominent and visible manner. In addition, an MVU capable of operating within public rights-of-way shall display a current Florida Department of Highway Safety & Motor Vehicles (DHSMV) license plate. 2. Display of Merchandise. All merchandise must be displayed on the MVU. No merchandise shall be displayed using street structures (planters, trees, trash containers, signposts, etc.) or placed upon the sidewalk or right-of-way. Merchandise may be displayed outside the MVU on private property with the written permission of the Property Owner provided that it does not intrude upon the accessible area around the unit, or otherwise impede parking or access to structures within the site. K. Emergencies. Vendors shall obey any lawful order from a police or fire department official during an emergency or to avoid congestion or obstruction of the sidewalk. L. Prohibitions. 1. Solicitations. An MVU approved and located within a right-of- way shall not solicit or conduct business with persons in motor vehicles. 2. Advertisements. Vendors shall not make loud noises, use mechanical audio, noise-making devices, moving objects, or lighting systems to advertise his or her product. 3. Unattended. No MVU shall be left unattended. 4. Miscellaneous. a. Vendors shall not hinder or impede the use of any phone kiosk, mailbox, parking meter, fire alarm, fire hydrant, or traffic control device. b. No tables, chairs, or umbrellas are to be set up for use by customers, with the exception for those located on private properties and utilized in connection with a Class “B” MVU. c. No Ffreestanding signs, flags, banners, tents, tarpaulins, canopies, or awnings shall be allowed in connection with an MVU as a condition of permit. All signs, flags, banners, tents, tarpaulins, canopies, or awnings shall be either attached to, centered over, or resting against the vending vehicle / equipment, 367 of 424 Formatted: Font: Bold or located within a designated area from the MVU based on permit condition.with the exception of a one (1) freestanding canopy, which may be allowed for an A/ CW UTO AR ASH (P, W, D) type of MVU in accordance OLISHINGAXINGETAILING with Section 10.M.2 below. , d. Live entertainment, defined as performances shows or other forms of entertainment consisting of one (1) or more persons, amplified or non-amplified music or other related sounds or noise, including but not limited to entertainment provided by musicians, disc jockey (DJ), master of ceremonies Formatted: Right: 0.05", Line spacing: (MC), or karaoke shall not exceed sixty (60) decibels at a Multiple 1.03 li distance of one-hundred (100) feet from the source as measured by a sound level meter. , e. MVU’s utilizing portable generators shall not exceed Formatted: Font: Not Bold, Not Italic, Font sixty (60) decibels at a distance of one-hundred (100) feed from color: Auto, Pattern: Clear the source as measured by a sound level meter. M. Specific Regulations by Type of MUV. Formatted: Right: 0.05", Line spacing: 1. Food. Vendors of food or beverages shall comply with all applicable State Multiple 1.03 li, Tab stops: 2.63", Left and local health laws regulating the preparation, handling, and preparation of food. All single-service items shall be stored in closed containers or cartons, off Formatted: Font: Not Italic the floor of the vehicle, except that approved dispensers may be used for utensils and cups for immediate use in the vending operation. Formatted: Font: Not Italic 21. AUTO/CAR WASH (POLISHING, WAXING, DETAILING). An AUTO/CAR WASH (POLISHING, WAXING, DETAILING) type of MVU shall not be allowed on public property or within any right-of-way. This type of MVU is only allowed on private property and shall comply with the location criteria of paragraph “F” above. One (1) freestanding canopy may be allowed for this type of MVU in addition to another canopy that is either attached to, centered over, or resting against the vending vehicle or equipment. In all instances, the size of the freestanding canopy shall be the minimum necessary to accommodate one (1) parked vehicle, but not to exceed 20 fee in width by 20 feet in length, and must be removed daily. N. Fees. Any fees associated with a Mobile Vendor Permit shall be in accordance with Chapter 2, Article VII, Section 1.I. 368 of 424 Formatted: Indent: Left: 1.07", Right: -0.01", Space Before: 0 pt, Line spacing: single, Tab stops: 1.57", Left 13. C LEGAL October 1, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 1, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 13-028 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Adopt the update to the Boynton Beach Administrative Amendments to the 2010 Florida Building Code adding a manufacturing equipment permit valuation exemption. ER: As part of the City’s Economic Development initiatives the XPLANATION OF EQUEST Economic Development Division has requested to have an exemption for manufacturing equipment added to the Boynton Beach Administrative Amendments to the 2010 Florida Building Code. The proposed language is as follows: For the purposes of calculating permit fees the cost of equipment used in the process of manufacturing a product shall be exempt from paying permit fees for any portion of the cost greater than $10,000 dollars if the following criteria are met: • Equipment must have a replacement cost and/or purchase cost greater than $10,000 dollars per each piece of equipment to be exempted. • Equipment must be purchased directly by the owner. • Equipment cannot not be an integral part of the building, building envelope, building system, and/or essential to the operation of the building. • The nature of equipment shall be that if a business was to cease to exist or relocate the equipment would be easily removed from the building. Note: 369 of 424 All, electric, piping, mounting, structural connections, attachment of auxiliary equipment necessary to operate the manufacturing equipment will be included in permit valuation and subject to permit fees. Economic The proposed changes will partially fulfill one (1) objective outlined in the Development Initiatives & Implementation Plan adopted by the City Commission on October 18th, 2011. Objective #15 - Potential targets for interim relief provisions in economic recession. a. Identification – Workforce Housing; Utilities fees; Planning & Zoning fees; Building fees; County Impact fees; Engineering fees i. Expand opportunity for Utility fee no-interest payment plans to the entire City. (Currently limited to CRA) b. Implementation through ordinance changes - Temporary suspension; fee reductions; payment options; waivers; rebates The exemption will help the City be more competitive in recruiting businesses that are seeking to startup or relocate to Palm Beach County. In addition, the exemption will make it more financially feasible for businesses to expand their current operations and/or allow them to expand their operations sooner than originally planned. Under either case, the exemption will help in retaining and creating new jobs within Boynton Beach. H? None OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Based on projections the Development Department Building Division’s ISCAL MPACT revenue would decrease by estimated $30,000 to $50,000 over the next fiscal year. A: Don’t approve the exemption and leave the Boynton Beach LTERNATIVES Administrative Amendments to the 2010 Florida Building Code as currently written. 370 of 424 ORDINANCE NO. 13- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA; PROVIDING FOR THE ADOPTION OF AN UPDATE TO THE BOYNTON BEACH ADMINISTRATIVE AMENDMENTS TO THE 2010 FLORIDA BUILDING CODE ADDING A MANUFACTURING EQUIPMENT PERMIT VALUATION EXEMPTION: PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 553.73, Florida Statutes, the City Commission may adopt amendments to the administrative provisions of the Florida Building Code to deal with local issues and conditions that are unique and distinctive to each jurisdiction, subject to the limitations in said statute; and WHEREAS, the City of Boynton Beach adopted the Boynton Beach Amendments to the 2010 Florida Building Code on March 6, 2012 and June 4, 2013; and WHEREAS, the City Commission hereby adopts another update to the Boynton Beach Administrative Amendments to the 2010 Florida Building Code adding a manufacturing equipment permit valuation exemption; and WHEREAS, such amendments must be transmitted to the State within 30 days after enactment of the amendments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. That the Update to the Boynton Beach Administrative Amendments to the 2010 Florida Building Code, are hereby amended by adopting those provisions contained in Exhibit "A" adding a manufacturing equipment permit valuation exemption, which is attached hereto and incorporated herein by reference. 371 of 424 Section 3. That ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed, provided that in the event of a conflict with respect to the administration of the building codes, existing administrative laws or rules of the City shall control. Section 4. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5. Authority is hereby given to codify this Ordinance. Section 6. This Ordinance shall become effective immediately. FIRST READING this ___ day of ______________, 2013. SECOND, FINAL READING AND PASSAGE this _____ day of _______, 2013. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – David T. Merker ______________________________ Commissioner – Michael M. Fitzpatrick _______________________________ Commissioner – Joe Casello ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 372 of 424 BOYNTON BEACH ADMINISTRATIVE AMENDMENTS to the 2010 FLORIDA BUILDING CODE UPDATE ADOPTED ORDINANCE NO. 13-____ st EFFECTIVE October 1, 2013 ORDINANCE NO. 13-010 th EFFECTIVE JUNE 4, 2013 ORGINALLY ADOPTED ORDINANCE NO. 12-003 EFFECTIVE MARCH 6th, 2012 BEGINNING WITH PERMIT NO. 12-0923 City of Boynton Beach Department of Development Building Division 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 (561) 742-6350 Office 373 of 424 (561) 742-6357 Fax TABLE OF CONTENTS This document can be downloaded online – at no charge – by visiting the “Forms & Applications” section of the Building Division page on the City of Boynton Beach website at www.boynton-beach.org ADMINISTRATIVE CODE (Applies to all Construction Codes) Chapter 1 Administration Section Page 101 GENERAL………………………………………………………………………….. 3 102 APPLICABILITY…………………………………………………………………… 5 103 BUILDING DIVISION……………………………………………………………… 8 104 DUTIES AND POWERS OF THE BUILDING OFFICIAL……………………... 8 105 PERMITS…………………………………………………………………………... 10 106 FLOOR AND ROOF DESIGN LOADS…………………………………………. 18 107 CONSTRUCTION DOCUMENTS……………………………………………….. 18 108 TEMPORARY STRUCTURES AND USES…………………………………….. 29 109 FEES……………………………………………………………………………….. 29 110 INSPECTIONS…………………………………………………………………….. 31 111 CERTIFICATES OF OCCUPANCY AND COMPLETION…………………….. 39 112 SERVICE UTILITIES……………………………………………………………… 41 113 BUILDING BOARD OF ADJUSTMENTS AND APPEALS……………………. 41 114 VIOLATIONS………………………………………………………………………. 44 115 STOP WORK ORDERS………………………………………………………….. 44 116 UNSAFE STRUCTURES AND EQUIPMENT…………………………………. 45 117 TESTS……………………………………………………………………………… 46 118 WIND LOADS……………………………………………………………………… 46 119 SEVERABILITY……………………………………………………………………. 46 374 of 424 CHAPTER 1 ADMINISTRATION SECTION 101 GENERAL 101.1 Title. These regulations shall be known as the Florida Building Codehereinafter referred to as “this code.” 101.2 Scope. The provisions of this code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures. Exceptions: 1. Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with a separate means of egress and their accessory structures shall comply with the Florida Building Code, Residential. 2. Existing buildings undergoing repair, alterations or additions and change of occupancy shall comply with the Florida Building Code, Existing Building. 101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted. 375 of 424 101.2.2 Florida Building Code, Residential. Construction standards or practices which are not covered by Florida Building Code, Residential volume shall be in accordance with the provisions of Florida Building Code, Building. 101.3 Intent. The purpose of this code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to fire fighters, code officials, and emergency responders during emergency operations. 101.3.1 Quality Control. Quality control of materials and workmanship is not within the purview of this code except as it relates to the purposes stated herein. 101.3.2 Warranty and Liability. The permitting and inspection of any building, system, or plan by this jurisdiction, under the requirements of this code, shall not be construed in any court as a warranty of the physical condition of such building, system, or plan, or their adequacy. The jurisdiction shall not be liable in tort for damages or hazardous or illegal condition or inadequacy in such building, system, or plan, nor for any failure of any component of such, which may occur subsequent to such inspection or permitting. Further, no Building Department employee shall be liable in tort for damage from such conditions, in accordance with Section 768.28(9)(a) Florida Statutes, as may be amended. 101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.9 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. 101.4.1 Electrical. The provisions of Chapter 27 of the Florida Building Code,Building shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. 101.4.2 Gas. The provisions of the International Fuel Gas Code with the Florida Fuel Gas Code Supplement shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories. 101.4.3 Mechanical. The provisions of the Florida Building Code, Mechanicalshall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators and other energy-related systems. 101.4.4 Plumbing. The provisions of the Florida Building Code, Plumbingshall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. 376 of 424 101.4.5 Property maintenance. For provisions related to property maintenance, refer to the City of Boynton Beach Code of Ordinances, Chapter 10, Article IV. 101.4.6 Fire prevention. For provisions related to fire prevention, refer to the Florida Fire Prevention Code. The Florida Fire Prevention Codeshall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression and alarm systems or fire hazards in the structure or on the premises from occupancy or operation. 101.4.7 Energy. The provisions of the Florida Building Code, Energy Conservationshall apply to all matters governing the design and construction of buildings for energy efficiency. 101.4.8 Accessibility. For provisions related to accessibility, refer to Florida Building Code, Accessibility. 101.4.9 Manufactured buildings. For additional administrative and special code requirements, see section 428, Florida Building Code, Building,and Rule 9B-1 F.A.C. SECTION 102 APPLICABILITY 102.1 General. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. 102.1.1 The Florida Building Codedoes not apply to, and no code enforcement action shall be brought with respect to, zoning requirements, land use requirements and owner specifications or programmatic requirements which do not pertain to and govern the design, construction, erection, alteration, modification, repair or demolition of public or private buildings, structures or facilities or to programmatic requirements that do not pertain to enforcement of the Florida Building Code. Additionally, a local code enforcement agency may not administer or enforce the Florida Building Code, Building to prevent the siting of any publicly owned facility, including, but not limited to, correctional facilities, juvenile justice facilities, or state universities, community colleges, or public education facilities, as provided by law. 102.2 Building. The provisions of the Florida Building Code shall apply to the construction, erection, alteration, modification, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every public and private building, structure or facility or floating residential structure, or any appurtenances connected or attached to such buildings, structures or facilities. Additions, alterations, repairs and changes of use or occupancy group in all buildings Florida and structures shall comply with the provisions provided in Chapter 34 of this code and the Building Code, Existing Building. The following buildings, structures and facilities are exempt 377 of 424 from the Florida Building Codeas provided by law, and any further exemptions shall be as determined by the legislature and provided by law: (a) Building and structures specifically regulated and preempted by the federal government. (b) Railroads and ancillary facilities associated with the railroad. (c) Nonresidential farm buildings on farms. (d) Temporary buildings or sheds used exclusively for construction purposes. (e) Mobile or modular structures used as temporary offices, except that the provisions of Part Section 553.501-553.513, Florida Statutes V ()relating to accessibility by persons with disabilities, and permits shall be required for structural support and tie down, electrical supply, and all utility connections to such mobile or modular structures. , (f) Those structures or facilities of electric utilities, as defined in Section 366.02, Florida Statutes which are directly involved in the generation, transmission or distribution of electricity. (g) Temporary sets, assemblies or structures used in commercial motion picture or television production, or any sound-recording equipment used in such production, on or off the premises. (h) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term “chickee” means an open-sided wooden hut that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other non-wood features. (i) Service provider water, sewer, storm, gas, cable, telephone, or other similar utility systems are exempt to the point of service connection for the building or structure. (j) Family mausoleums not exceeding 250 square feet in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete. (k) Temporary housing provided by the Department of Corrections to any prisoner in the state correctional system. Section 553.79 and 553.80, Florida 102.2.1 In addition to the requirements of StatutesChapter 395, Florida Statutes , facilities subject to the provisions of Parts II and VIII of Chapter 400, (Hospital Licensing and Regulation),and Florida Statutes (Nursing Homes),shall have facility plans reviewed and construction Chapter surveyed by the state agency authorized to do so under the requirements of 395, Florida Statutes, and Parts II and VIII of Chapter 400, Florida Statutes ,and the certification requirements of the federal government. 102.2.2 Buildings or structures for residential uses moved into or within a county or municipality shall not be required to be brought into compliance with the state minimum building code in force at the time the building or structure is moved, provided: 1. The building or structure is structurally sound and in occupiable condition for its intended use; 378 of 424 2. The occupancy use classification for the building or structure is not changed as a result of the move; 3. The building is not substantially remodeled; 4. Current fire code requirements for ingress and egress are met; 5. Electrical, gas and plumbing systems meet the codes in force at the time of original construction and are operational and safe for reconnection; and 6. Foundation plans are sealed by a professional engineer or architect licensed to practice in this state, if required by the applicable Florida Statutes for all buildings or structures of the same residential occupancy class. Florida Building Code, Existing Building 7. The requirements of are also satisfied. 102.2.3 The building official shall apply the same standard to a moved residential building or structure as that applied to the remodeling of any comparable residential building or structure to determine whether the moved structure is substantially remodeled. 102.2.4 This section does not apply to the jurisdiction and authority of the Department of Agriculture and Consumer Services to inspect amusement rides or the Department of Financial Services to inspect state-owned buildings and boilers. 102.2.5 Reserved. 102.2.6 This Code does not apply to swings and other playground equipment accessory to a one- or two-family dwelling. Exception: Electrical service to such playground equipment shall be in accordance with Chapter 27 of this code. 102.3 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code. 102.4 Referenced codes and standards. The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply. 102.5 Reserved. 102.6 Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered the Florida Fire Prevention Code, in this code, the Codes referenced in Section 101.4, or or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public. 379 of 424 102.7Relocation of manufactured buildings. 1. Relocation of an existing manufactured building does not constitute an alteration. 2. A relocated building shall comply with wind speed requirements of the new location, using the appropriate wind speed map. If the existing building was manufactured in compliance with the Standard Building Code(prior to March 1, 2002), the wind speed map of the Standard Building Codeshall be applicable. If the existing building was manufactured in compliance with the Florida Building Code(after March 1, 2002), the wind speed map of the Florida Building Codeshall be applicable. 3. A relocated building shall comply with the flood hazard area requirements of the new location, if applicable 102.8 Existing mechanical equipment. An agency or local government may not require that existing mechanical equipment on the surface of a roof be installed in compliance with the requirements of the Florida Building Code until the equipment is required to be removed or replaced. SECTION 103 BUILDING DIVISION 103.1Establishment. There is hereby established a division to be called the building division and the person in charge shall be known as the building official. All code officials employed by the division shall be certified in accordance with Chapter 468, Part XII, Florida Statutes. 103.2Reserved. 103.3 Reserved. SECTION 104 DUTIES AND POWERS OF THE BUILDING OFFICIAL 104.1 General. The building official is hereby authorized and directed to enforce the provisions of this code. The building official shall have the authority to render interpretations of this code, and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. 104.2 Applications and permits. The building official shall receive applications, review construction documents and issue permits for the erection, and alteration, demolition and moving of buildings, structures, and service systems, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code. 380 of 424 104.3 Notices and orders. The building officialshall issue all necessary notices or orders to ensure compliance with this code. 104.4 Inspections. The building official shall make all of the required inspections, or the building official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The building official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. 104.5 Identification. The building official shall carry proper identification, as issued by the jurisdiction, when inspecting structures or premises in the performance of duties under this code. 104.6 Right of entry. 104.6.1 Where it is necessary to make an inspection to enforce any of the provisions of this code, or where the building official has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building, structure, or premises, unsafe, dangerous or hazardous, the building official is authorized to enter the building, structure or premises at all reasonable times to inspect or to perform any duty imposed by this code, provided that iIf such building, structure or premises are occupied, that credentials be presented to the occupant and entry requested. If such building, structure, or premises are unoccupied, the building official shall first make a reasonable effort to locate the owner or other persons having charge or control of the building, structure, or premises, and request entry. If entry is refused, the building official shall have recourse to every remedies provided by law to secure entry. 104.6.2 When the building official shall have first obtained a proper inspection F.S. 933 warrant in accordance with , or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building, structure, or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the building official for the purpose of inspection and examination pursuant to this code. 104.7 Department records. The building officialshall keep official records of applications permits received, and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for F.S. 119. retention of public records per 104.8 Liability. The building official, member of the board of appeals or employee charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee or member because of an act performed by that officer or employee or member in the lawful discharge of duties and under the provisions of this code shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The building official or any 381 of 424 subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code. 104.9 Approved materials and equipment. Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval. 104.9.1 Used materials and equipment. The use of used, recycled, or reclaimed materials which meet the requirements of this code for new materials is permitted. Used equipment and devices shall not be reused unless approved by the building official. 104.10 Modifications. Wherever there are practical difficulties involved in carrying out the provisions of this code, the building officialshall have the authority to grant modifications for building individual cases, upon application of the owner or owner’s representative, provided the official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the building division. 104.11 Alternative materials, design and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. Engineering Guide to When alternate life safety systems are designed, the SFPE Performance-Based Fire Protection Analysis and Design of Buildings, or other methods approved by the building official may be used. The building official shall require that sufficient evidence or proof be submitted to substantiate any claim made regarding the alternative. 104.11.1 Research reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources. 104.11.2 Tests. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the building official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the building official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building official for the period required for retention of public records. 104.11.3 Accessibility. Alternative designs and technologies for providing access to and usability of a facility for persons with disabilities shall be in accordance with provisions of the Florida Building Code, Accessibility. 382 of 424 104.12 Requirements not covered by code. Any requirements necessary for the strength, stability or proper operation of an existing or proposed building, structure, electrical, gas, mechanical or plumbing system, or for the public safety, health and general welfare, not specifically covered by this or the other technical codes, shall be determined by the building . official SECTION 105 PERMITS 105.1 Required. Any contractor, owner, or agent authorized in accordance with Florida Statute 489 who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any impact-resistant coverings, electrical, gas, mechanical, plumbing or fire protection system, or accessible or flood resistant site element, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. 105.1.1 Annual facility permit. In lieu of an individual permit for each alteration to an existing electrical, gas, mechanical, plumbing or interior nonstructural office system(s), y the building official is authorized to issue an annual permit for any occupancto facilitate routine or emergency service, repair, refurbishing, minor renovations of service systems, or manufacturing equipment installations/relocations. The building official shall be notified of major changes and shall retain the right to make inspections at the facility sites as deemed necessary. An annual facility permit shall be assessed with an annual fee and shall be valid for one year from date of issuance. A separate permit shall be obtained for each facility and for each construction trade, as applicable. The permit application shall contain a general description of the parameters of work intended to be performed during the year. 105.1.2 Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such records at all times or such records shall be filed with the building official as designated. The building official is authorized to revoke or withhold the issuance of the future annual permits if code violations are found to exist. Florida Statutes, 105.1.3 Food permit. As per Section 500.12, a food permit from the Department of Agriculture and Consumer Services is required of any person who operates a food establishment or retail store. 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of thisjurisdiction. Permits shall not be required for the following: Building: 383 of 424 1. Building permits are not required for replacement or repair work having value of less than $1,000.00, providing, however, that such work will not adversely effect the structural integrity, fire rating, exit access or egress requirements. 2. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work, with no electrical or plumbing work. 3. Temporary motion picture, television and theater sets and scenery. 4. Swings and other playground equipment accessory to detached one- and two-family dwellings, but they may be subject to Zoning permits. 5. In the case of roofing repairs, a permit may not be required for work having a value of less than $500, unless such work effects the structural integrity of the roof. 6. The installation of one (1) accessory building (tool shed, etc.) per single family residence/lot, with the accessory building having a size less than or equal to 100 square feet. Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1. Portable heating appliance. 2. Portable ventilation equipment. 3. Portable cooling unit. 4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code. 5. Replacement of any part which does not alter its approval or make it unsafe. 6. Portable evaporative cooler. 7. Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of refrigerant and actuated by motors of 1 horsepower (746 W) or less. 8. The installation, replacement, removal or metering of any load management control device. Plumbing: 384 of 424 1. The stopping of leaks in drains, water, soil, waste or vent pipe provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. 2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. 3. The replacement of common household plumbing fixtures to existing supply lines and outlets. This does not include water heaters, bathtubs or showers. 105.2.1 Emergency repairs. Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official. Notification shall be given to the building official including the work address, nature of emergency and scope of work immediately, or by next business day. 105.2.2 Minor repairs. Ordinary minor repairs or installation of replacement parts may be made with the approval of the building official, without a permit, provided the repairs do not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring systems or mechanical equipment or other work affecting public health or general safety, and such repairs shall not violate any of the provisions of the technical codes. 105.2.3 Temporary structures. A special building permit for a 6 month time period may be required before the erection of temporary structures such as canopies, tents and fences used in construction work or for temporary purposes such as reviewing stands. Such structures shall be completely removed upon the expiration of the 6 month time limit. 105.3 Application for permit. To obtain a permit, the applicant shall first file an application therefore in writing on a form furnished by the department for that purpose. Permit application forms shall be in the format prescribed by a local administrative board, if applicable, and must Section 713.135(5) and (6),Florida Statutes. comply with the requirements of Each application shall be inscribed with the date of application, and the code in effect as of that date. For a Florida building permit for which an application is submitted prior to the effective date of the Building Code, the state minimum building code in effect in the permitting jurisdiction on the date of the application governs the permitted work for the life of the permit and any extension granted to the permit. 105.3.1 Action on application. The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building official shall reject such application in writing, stating the reasons therefore. If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building 385 of 424 official shall issue a permit therefore as soon as practicable. When authorized through contractual agreement with a school board, in acting on applications for permits, the building official shall give first priority to any applications for the construction of, or addition or renovation to, any school or educational facility. 105.3.1.1 If a state university, Florida college or public school district elects to use a local government’s code enforcement offices, fees charged by counties and Florida Building Code municipalities for enforcement of the on buildings, structures, and facilities of state universities, state colleges and public school districts shall not be more than the actual labor and administrative costs incurred for plans review and inspections to ensure compliance with the code. 105.3.1.2 No permit may be issued for any building construction, erection, alteration, modification, repair, or addition unless the applicant for such permit provides to the enforcing agency which issues the permit any of the following documents which apply to the construction for which the permit is to be issued and which shall be prepared by or under the direction of an engineer registered under Chapter 471Florida Statutes: , 1. Any electrical or plumbing or air-conditioning and refrigeration system meeting the following thresholds are required to be designed by a Florida Registered Engineer. The system: A. Requires an electrical or plumbing or air-conditioning and refrigeration system with a value of over $50,000; or B. 1) Requires an aggregate service capacity of over 600 amperes (240 volts) on a residential electrical system or over 800 amperes (240 volts) on a commercial or industrial electrical system. 2) Requires a plumbing system with 250 fixture units or more. 3) Requires Heating, ventilation and air-conditioning system that exceeds a 15-ton-per- system capacity, or if the project is designed to accommodate over 100 persons 2. Fire sprinkler documents for any new building or addition which includes a fire sprinkler system which contains 50 or more sprinkler heads. A Contractor I, Florida Contractor II or Contractor IV, certified under Section 633.521, Statutes, may design a fire sprinkler system of 49 or fewer heads and may design the alteration of an existing fire sprinkler system if the alteration consists of the relocation, addition or deletion of not more than 49 heads, notwithstanding the size of the existing fire sprinkler system. 3. Any specialized mechanical, electrical, or plumbing document for any new building or addition which includes a medical gas, oxygen, steam, vacuum, toxic air filtration, halon, or fire detection and alarm system which costs more than $5,000. Documents requiring an engineer seal by this part shall not be valid unless a professional engineer who possesses a valid certificate of registration has signed, dated, and sealedsuch Section 471.025Florida Statutes. document as provided in , 386 of 424 105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned and invalid, 180 days after the date of filing, or for any six month period of abandonment or suspension during the application process, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each not to exceed three extensions. The extension shall be requested in writing prior to the abandonment date and justifiable cause demonstrated. Abandoned applications shall be subject to destruction in accordance with state law. The fee for renewal, re-issuance, and extension of a permit application shall be set forth by the administrative authority. There may be fees or requirements from other government agencies for permit application extensions and renewals. 105.3.3 An enforcing authority may not issue a building permit for any building construction, erection, alteration, modification, repair or addition unless the permit either includes on its face or there is attached to the permit the following statement: “NOTICE: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies or federal agencies.” 105.3.4 A building permit for a single-family residential dwelling must be issued within 30 working days of application therefore unless unusual circumstances require a longer time for processing the application or unless the permit application Florida Building Code fails to satisfy the or the enforcing agency’s laws or ordinances. 105.3.5 Identification of minimum premium policy. Except as otherwise provided in Chapter 440,Florida Statutes, Workers’ Compensation, every employer shall, as a condition to receiving a building permit, show proof that it has secured compensation for Section 440.10 and 440.38,Florida Statutes. its employees as provided in 105.3.6 Asbestos removal. Moving, removal or disposal of asbestos-containing materials on a residential building where the owner occupies the building, the building is not for sale or lease, and the work is performed according to the owner-builder limitations provided in this paragraph. To qualify for exemption under this paragraph, an owner must personally appear and sign the building permit application. The permitting agency shall provide the person with a disclosure statement in substantially the following form: Disclosure Statement: State law requires asbestos abatement to be done by licensed contractors. You have applied for a permit under an exemption to that law. The exemption allows you, as the owner of your property, to act as your own asbestos abatement contractor even though you do not have a license. You must supervise the construction yourself. You may move, remove or dispose of asbestos-containing materials on a residential building where you occupy the building and the building is not for sale or lease, or the building is a farm outbuilding on your property. If you sell or lease such building within 1 year after the asbestos abatement is complete, the law will presume that you intended to sell or lease the property at the time the work was done, which is a violation of this exemption. You may not hire an unlicensed person as your contractor. Your work must 387 of 424 be done according to all local, state and federal laws and regulations which apply to asbestos abatement projects. It is your responsibility to make sure that people employed by you have licenses required by state law and by county or municipal licensing ordinances. 105.3.7Applicable Code for Manufactured Buildings. Manufacturers should be permitted to complete all buildings designed and approved prior to the effective date of a new code edition, provided a clear signed contract is in place. The contract shall provide specific data mirroring that required by an application for permit, specifically, without limitation, date of execution, building owner or dealer, and anticipated date of completion. However, the construction activity must commence within 180 days of the contract's execution. The contract is subject to verification by the Department of Community Affairs. 105.3.8 Public right of way. A permit shall not be given by the building official for the construction of any building, or for the alteration of any building where said building is to be changed and such change will affect the exterior walls, bays, balconies, or other appendages or projections fronting on any street, alley or public lane, or for the placing on any lot or premises of any building or structure removed from another lot or premises, unless the applicant has received a right of way permit from the authority having jurisdiction over the street, alley or public lane. permit 105.4 Conditions of the permit. The issuance or granting of a shall not be construed to permit be a for, or an approval of, any violation of any of the provisions of this code or of any Permits other ordinance of the jurisdiction. presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. The issuance of a permit construction documents building official based on and other data shall not prevent the construction documents from requiring the correction of errors in the and other data. The building official is also authorized to prevent occupancy or use of a structure where in violation of this code or of any other ordinances of this jurisdiction. 105.4.1 Permit intent. A permit issued shall be construed to be a license to proceed with the work and not as authority to violate, cancel, alter or set aside any of the provisions of the technical codes, nor shall issuance of a permit prevent the building official from thereafter requiring a correction of errors in plans, construction or violations of this code. Every permit issued shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. 105.4.1.1 If work has commenced and the permit is revoked, becomes null and void or expires because of lack of progress or abandonment, a new permit, or revalidation of the original permit, covering the proposed construction shall be obtained before proceeding with the work. 105.4.1.2 If a new permit, or revalidation of the original permit, is not obtained within 180 days from the date the initial permit became null and void, the building official is authorized to require that any work which has been commenced or completed be removed from the building site. Alternately, a new permit may be issued on application, providing the work in place and required to complete the structure meets all applicable regulations in effect at the time the initial permit became null and void and any regulations which may have become effective between the date of expiration and the date of issuance of the new permit. 388 of 424 105.4.1.3 Work shall be considered to be in active progress when the permit has received an approved inspection within 180 days. This provision shall not be applicable in case of civil commotion or strike or when the building work is halted due directly to judicial injunction, order or similar process, or due to action by an environmental or archeological agency having jurisdiction. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 90 days each. The extension shall be requested in writing and justifiable cause demonstrated, prior to expiration. 105.4.1.4 The fee for renewal, reissuance, and extension of a permit shall be set forth by the administrative authority. There may be fees or requirements from other government agencies for permit extensions and renewals. 105.5 Expiration. Reserved 105.6 Suspension or Revocation of permits 105.6.1 Misrepresentation of application. The building official may suspend or revoke a permit or approval, issued under the provisions of this code, in case there has been any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based. 105.6.2 Violation of code provisions. The building official may suspend or revoke a permit upon determination by the building official that the construction, erection, alteration, repair, moving, demolition, installation, or replacement of the building, structure, electrical, gas, mechanical or plumbing systems for which the permit was issued is in violation of, or not in conformity with, the provisions of this code. 105.7 Placement of permit. The building permit or copy shall be kept on the site of the work until the completion of the project. Section 713.135,Florida Statutes, 105.8 Notice of commencement. As per when any person applies for a building permit, the authority issuing such permit shall print on the face of each permit card in no less than 14-point, capitalized, boldfaced type: “WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT.” 105.9 Asbestos. The enforcing agency shall require each building permit for the demolition or renovation of an existing structure to contain an asbestos notification statement which indicates the Section 469.003,Florida owner’s or operator’s responsibility to comply with the provisions of Statutes, and to notify the Department of Environmental Protection of his or her intentions to remove asbestos, when applicable, in accordance with state and federal law. Refer to Section 105.3.6 “Asbestos Removal” for additional requirements. 105.10 Certificate of protective treatment for prevention of termites. A weather-resistant job- site posting board shall be provided to receive duplicate treatment certificates shall be provided as each required protective treatment is completed, supplying one copy for the person the permit is issued to and another copy for the building permit files. The treatment certificate shall 389 of 424 provide the product used, identity of the applicator, time and date of the treatment, site location, area treated, chemical used, percent concentration and number of gallons used, to establish a verifiable record of protective treatment. If the soil chemical barrier method for termite prevention is used, final exterior treatment shall be completed prior to final building approval. For a bait system, see Section 1816.1.7 of the Florida Building Code for contract document requirements. 105.11 Notice of termite protection. A permanent sign which identifies the termite treatment provider and need for reinspection and treatment contract renewal shall be provided. The sign shall be posted near the water heater or electric panel. 105.12 Work starting before permit issuance. Upon written request and approval of the building official, the scope of work delineated in the building permit application and plan may be started prior to the final approval and issuance of the permit, provided any work completed is entirely at risk of the permit applicant and the work does not proceed past the first required inspection. This provision is only for the Florida Building Code, all other Agency approvals necessary for construction must be secured prior to this provision being applied. 105.13 Phased permit approval. After submittal of the appropriate construction documents, the building official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder’s own risk with the building operation and without assurance that a permit for the entire structure will be granted. Corrections may be required to meet the requirements of the technical codes. This provision is only for the Florida Building Code, all other Agency approvals necessary for construction must be secured prior to this provision being applied. 105.14 Permit issued on basis of an affidavit. The building official may accept a sworn affidavit from a registered architect or engineer stating that the plans submitted conform to the technical codes. For buildings and structures, the affidavit shall state that the plans conform to the laws as to egress, type of construction and general arrangement and, if accompanied by drawings, show the structural design and that the plans and design conform to the requirements of the technical codes as to strength, stresses, strains, loads and stability. Whenever a permit is issued in reliance upon an affidavit or whenever the work to be covered by a permit involves installation under conditions which, in the opinion of the building official, are hazardous or complex, the building official shall require that the architect or engineer who signed the affidavit or prepared the drawings or computations shall inspect such work. The building official may without any examination or inspection accept such affidavit, provided the architect or engineer who made such affidavit agrees to submit to the building official copies of inspection reports as and inspections are performed. In addition, they shall certify conformity to the permit,upon completion of the structure, electrical, gas, mechanical or plumbing systems make and file with the building official written affidavit that the work has been done in conformity to the reviewed plans and that the structure, electrical, gas, mechanical or plumbing system has been erected in accordance with the requirements of the technical codes. Where the building official relies upon such affidavit, the architect or engineer shall assume full responsibility for compliance with all provisions of the technical codes and other pertinent laws or ordinances. In the event such architect or engineer is not available, the owner shall employ in his stead a competent person or agency whose qualifications are reviewed by the building official. The building official shall ensure that any person conducting plans review is qualified as a plans 390 of 424 Part XII of Chapter 468,Florida Statutes, examiner under and that any person conducting Part XII ofChapter 468,Florida inspections is qualified as a building inspector under Statutes. Nothing aforesaid shall preclude plan review or inspections by the building official. 105.15 Opening protection. When any activity requiring a building permit that is applied for on or after July 1, 2008, and for which the estimated cost is $50,000 or more for a site built single family detached residential structures that is located in the wind borne debris region as defined in this Code and that has an insured value of $750,000 or more, or, if the site built single family detached residential structures is uninsured or for which documentation of insured value is not presented, has a just valuation for the structure for purposes of ad valorem taxation of $750,000 or more; opening protections as required within this Code or Florida Building Code, Residential for new construction shall be provided. Exception: Single family residential structures permitted subject to the Florida Building Code are not required to comply with this section. SECTION 106 FLOOR AND ROOF DESIGN LOADS 106.1 Live loads posted. Where the live loads for which each floor or portion thereof of a commercial or industrial building is or has been designed to exceed 50 psf (2.40 kN/m2), such story design live loads shall be conspicuously posted by the owner in that part of each in which they apply, using durable signs. It shall be unlawful to remove or deface such notices 106.2 Issuance of certificate of occupancy. A certificate of occupancy required by Section 111 shall not be issued until the floor load signs, required by Section 106.1, have been installed. 106.3 Restrictions on loading. It shall be unlawful to place, or cause or permit to be placed, on any floor or roof of a building, structure or portion thereof, a load greater than is permitted by this code. SECTION 107 CONSTRUCTION DOCUMENTS 107.1 General. Submittal documents consisting of construction documents, statement of special inspections, geotechnicalreport and other data shall be submitted in two or more sets with each permit application. The construction documents shall be prepared by a registered design professional where required by Chapter 471, Florida Statutes& 61G15 Florida Administrative Code or Chapter 481, Florida Statutes& 61G1 Florida Administrative Code. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional. Electronic media documents shall be submitted when required by the building official, and may require only one set of submittals. Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code. 391 of 424 If the design professional is an architect, interior designer, landscape architect, or engineer legally registered under the laws of this state regulating the practice of architecture or interior Chapter 481,Florida Statutes, Part I, design as provided for in or landscape architecture as Chapter 481,Florida Statutes, Part II, Chapter provided for in or engineering as provided for in 471,Florida Statutes, then he or she shall affix his or her official seal to said drawings, Florida Statute. specifications and accompanying data, as required by Construction documents 107.2 Construction documents. shall be in accordance with Sections 107.2.1 through 107.2.5. 107.2.1 Information on construction documents. Construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents shall be submitted when approved by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the building official. Such drawings and specifications shall contain information, in the form of notes or otherwise, as to the quality of materials, where quality is essential to conformity with the technical codes. Such information shall be specific, and the technical codes shall not be cited as a whole or in part, nor shall the term "legal" or its equivalent be used as a substitute for specific information. All information, drawings, specifications and accompanying data shall bear the name and signature of the person responsible for the design. (See also Section 107.3.5). 107.2.1.1 Fire protection system shop drawings. Shop drawings for the fire protection system(s) shall be submitted to indicate conformance with this code and the construction documents and shall be approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards in Chapter 9 of the Florida Building Code. 107.2.1.2 For roof assemblies required by the code, the construction documents shall illustrate, describe and delineate the type of roofing system, materials, fastening requirements, flashing requirements and wind resistance rating that are required to be installed. Product evaluation and installation shall indicate compliance with the wind criteria required for the specific site or a statement by an architect or engineer for the specific site must be submitted with the construction documents. 107.2.1.3 Additional data. The building official may require details, computations, stress diagrams, and other data necessary to describe the construction or installation and the basis of calculations. All drawings, specifications and accompanying data required by the building official to be prepared by an architect or engineer shall be affixed with their official seal, signature and date as state law requires. 107.2.1.4 Quality of building plans. Building plans shall be drawn to a minimum 1/8 inch scale upon substantial paper, cloth or other acceptable medium. The building official may establish through departmental policy, other standards for plans and specifications, in order to provide conformity to its record retention program. This policy may include such things as minimum size, shape, contrast, clarity, or other 392 of 424 items related to records management. Electronic media must be compatible with the Florida Statutes. archive requirements of 107.2.2 Reserved. construction documents 107.2.3 Means of egress. The shall show in sufficient detail the means of egress location, construction, size and character of all portions of the in compliance with the provisions of this code. In other than occupancies in Groups R-2, R- construction documents 3, and I-1, the shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces. Construction documents 107.2.4 Exterior wall envelope. for all buildings shall describe exterior wall envelope the in sufficient detail to determine compliance with this code. The construction documents exterior wall envelope shall provide details of the as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means of drainage, water-resistive construction documents membrane and details around openings. The shall include manufacturer’s installation instructions that provide supporting documentation that the construction documents proposed penetration and opening details described in the exterior wall envelope maintain the weather resistance of the . The supporting exterior wall documentation shall fully describe the system which was tested, where applicable, as well as the test procedure used. construction documents permit 107.2.5 Site plan. The submitted with the application for shall be accompanied by a site plan showing to scale the size and location of new lot lines construction and existing structures on the site, distances from , the established street grades and the proposed finished grades and, as applicable, flood hazard areas, design flood floodways, and elevations; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and building official construction that are to remain on the site or plot. The is authorized to permit waive or modify the requirement for a site plan when the application for is for alteration or repair or when otherwise warranted. design flood 107.2.5.1 Design flood elevations. Where elevations are not specified, they shall be established in accordance with Section 1612.3.1. 107.3 Examination of documents. The building official shall examine or cause to be examined the accompanying submittal documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances. Exceptions: Section 553.77(5),Florida Statutes, 1. Building plans approved pursuant to and state- approved manufactured buildings are exempt from local codes enforcing agency plan reviews except for provisions of the code relating to erection, assembly or construction at the site. Erection, assembly (including utility crossover connections) and construction at the site are subject to local permitting and inspections. Photocopies of plans approved according to 393 of 424 FAC 9B-1.009, F.A.C., shall be sufficient for local permit application documents of record for the modular building portion of the permitted project. 2. Industrial construction on sites where design, construction and fire safety are supervised by appropriate licensed design and inspection professionals and which contain adequate in-house fire departments and rescue squads is exempt, subject to approval by the building official, from review of plans and inspections, providing the appropriate licensed design and inspection professionals certify that applicable codes and standards have been met and supply appropriate approved drawings to local building and fire-safety inspectors. 107.3.1 Approval of construction documents. When the building official issues a permit, the construction documents shall be noted, in writing or by stamp, as “Reviewed for Code Compliance.” One set of construction documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative. 107.3.2 Previous approvals. This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned. building official permit 107.3.3 Phased approval. The is authorized to issue a for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying permit with pertinent requirements of this code. The holder of such for the foundation or other parts of a building or structureshall proceed at the holder’s own risk with the permit building operationand without assurance that a for the entire structure will be granted. 107.3.4 Design professional in responsible charge. 107.3.4.1 Reserved. 107.3.4.2 Reserved. Section 107.3.4.3 Certifications by contractors authorized under the provisions of Florida Statutes, 489.115shall be considered equivalent to sealed plans and Chapter 471,Florida Statutes, Chapter 481 specifications by a person licensed under or Florida Statutes, by local enforcement agencies for plans review for permitting purposes relating to compliance with the wind-resistance provisions of the code or alternate methodologies approved by the Florida Building Commission for one and two-family dwellings. Local enforcement agencies may rely upon such certification by contractors that the plans and specifications submitted conform to the requirements of the code for wind resistance. Upon good cause shown, local government code enforcement agencies may accept or reject plans sealed by persons licensed under Chapters 471,481 or 489,Florida Statutes. 394 of 424 107.3.5 Minimum plan review criteria for buildings. The examination of the documents by the building official shall include the following minimum criteria and documents: a floor plan; site plan; foundation plan; floor/roof framing plan or truss layout; all fenestration penetrations; flashing; and rough opening dimensions; and all exterior elevations: 107.3.5.1 Commercial Buildings: 107.3.5.1.1 Building 1. Site requirements: Parking Fire access Vehicle loading Driving/turning radius Fire hydrant/water supply/post indicator valve (PIV) Set back/separation (assumed property lines) Location of specific tanks, water lines and sewer lines Flood hazard areas, flood zones, and design flood elevations 2. Occupancy group and special occupancy requirements shall be determined. 3. Minimum type of construction shall be determined (see Table 503). 4. Fire-resistant construction requirements shall include the following components: Fire-resistant separations Fire-resistant protection for type of construction Protection of openings and penetrations of rated walls Fire blocking and draft stopping and calculated fire resistance 5. Fire suppression systems shall include: Early warning smoke evacuation systems Schematic fire sprinklers Standpipes Pre-engineered systems Riser diagram 6. Life safety systems shall be determined and shall include the following requirements: Occupant load and egress capacities Early warning Smoke control Stair pressurization Systems schematic 7. Occupancy load/egress requirements shall include: Occupancy load Gross Net 395 of 424 Means of egress Exit access Exit Exit discharge Stairs construction/geometry and protection Doors Emergency lighting and exit signs Specific occupancy requirements Construction requirements Horizontal exits/exit passageways 8. Structural requirements shall include: Soil conditions/analysis Termite protection Design loads Wind requirements Building envelope Structural calculations (if required) Foundation Flood requirements in accordance with Section 1612, including lowest floor elevations, enclosures, flood damage-resistant materials Wall systems Floor systems Roof systems Threshold inspection plan Stair systems 9. Materials shall be reviewed and shall at a minimum include the following: Wood Steel Aluminum Concrete Plastic Glass Masonry Gypsum board and plaster Insulating (mechanical) Roofing Insulation 10. Accessibility requirements shall include the following: Site requirements Accessible route Vertical accessibility Toilet and bathing facilities Drinking fountains Equipment Special occupancy requirements Fair housing requirements 396 of 424 11. Interior requirements shall include the following: Interior finishes (flame spread/smoke development) Light and ventilation Sanitation 12. Special systems: Elevators Escalators Lifts 107.3.5.1.2 Electrical 1. Electrical: Wiring Services Feeders and branch circuits Overcurrent protection Grounding Wiring methods and materials GFCIs 2. Equipment 3. Special occupancies 4. Emergency systems 5. Communication systems 6. Low voltage 7. Load calculations 8. Design flood elevation 107.3.5.1.3 Plumbing 1. Minimum plumbing facilities 2. Fixture requirements 3. Water supply piping 4. Sanitary drainage 5. Water heaters 6. Vents 397 of 424 7. Roof drainage 8. Back flow prevention 9. Irrigation 10. Location of water supply line 11. Grease traps 12. Environmental requirements 13. Plumbing riser 14. Design flood elevation 107.3.5.1.4Mechanical 1. Energy Calculations 2. Exhaust systems: Clothes dryer exhaust Kitchen equipment exhaust Specialty exhaust systems 3. Equipment 4. Equipment location 5. Make-up air 6. Roof-mounted equipment 7. Duct systems 8. Ventilation 9. Combustion air 10. Chimneys, fireplaces and vents 11. Appliances 12. Boilers 13. Refrigeration 14. Bathroom ventilation 398 of 424 15. Laboratory 16. Design flood elevation 107.3.5.1.5 Gas 1. Gas piping 2. Venting 3. Combustion air 4. Chimneys and vents 5. Appliances 6. Type of gas 7. Fireplaces 8. LP tank location 9. Riser diagram/shutoffs 10. Design flood elevation 107.3.5.1.6 Energy Calculations 107.3.5.1.7 Engineering 1. Storm water drainage system and other requirements of the Engineering Division 107.3.5.2 Demolition 1. Asbestos removal 107.3.5.3 Residential (One and Two-Family) 1. Site requirements Set back/separation (assumed property lines) Location of septic tanks 2. Fire-resistant construction (if required) 3. Smoke detector locations 399 of 424 4. Egress Egress window size and location stairs construction requirements 5. Structural requirements shall include: Wall section from foundation through roof, including assembly and materials connector tables Termite protection Design Loads Wind requirements Building envelope Structural calculations (if required) Foundation Wall systems Floor systems Roof systems 6. Accessibility requirements: show/identify accessible bath 7. Impact resistant coverings or systems 8. Flood hazard areas, flood zones, design flood elevations, lowest floor elevations, enclosures, equipment, and flood damage-resistant materials 9. Electrical: Electric service riser Wire sizes Grounding detail Complete load calculations Panel schedules Service equipment Panel locations 10.Mechanical: Energy calculations Exhaust systems Equipment specs and location Duct systems Ventilation Chimneys, fireplaces and vents Appliances 11.Plumbing: Water supply piping Sanitary drainage Water heaters Vents Roof drainage Back flow prevention Location of water supply line 400 of 424 Environmental 12.Gas: Gas piping Venting Combustion air Chimneys and vents Appliances Type of gas Fireplaces LP tank location Riser diagram/shutoffs 13. Energy Calculations 14. Engineering Storm water drainage system and other requirements of the Engineering Division. 107.3.5.4 Swimming Pools 1. Barrier requirements 2. Spas 3. Wading pools 107.3.5.5Exemptions. Plans examination by the building official shall not be required for the following work: 1. Replacing existing equipment such as mechanical units, water heaters, etc. 2. Minor electrical, plumbing and mechanical repairs 3. Annual maintenance permits 4. Manufactured buildings or prototype building plans except for local site adaptations and foundations of buildings, which are constructed on site, and modifications or structures that require waiver. a. Site requirements setback/separation (assumed property lines) location of septic tanks (if applicable) b. Structural wind zone anchoring blocking c. Plumbing List potable water source and meter size (if applicable) 401 of 424 d. Mechanical exhaust system clothes dryer exhaust kitchen equipment exhaust e. Electrical exterior disconnect location 107.4 Amended construction documents. Work shall be installed in accordance with the reviewed construction documents, and any changes made during construction that are not in compliance with the reviewed construction documents shall be resubmitted for review as an amended set of construction documents. 107.5 Retention of construction documents. One set of official construction documents shall Florida Statutes. be retained by the building official as required by 107.6 Affidavits. The building official may accept a sworn affidavit from a registered architect or engineer stating that the plans submitted conform to the technical codes. For buildings and structures, the affidavit shall state that the plans conform to the laws as to egress, type of construction and general arrangement and, if accompanied by drawings, show the structural design and that the plans and design conform to the requirements of the technical codes as to strength, stresses, strains, loads and stability. The building official may without any examination or inspection accept such affidavit, provided the architect or engineer who made such affidavit agrees to submit to the building official copies of inspection reports as inspections are performed and upon completion of the structure, electrical, gas, mechanical or plumbing systems a certification that the structure, electrical, gas, mechanical or plumbing system has been erected in accordance with the requirements of the technical codes. Where the building official relies upon such affidavit, the architect or engineer shall assume full responsibility for compliance with all provisions of the technical codes and other pertinent laws or ordinances. The building official shall ensure that any person conducting plans review is qualified as a plans examiner under Part Florida Statutes XII of Chapter 468, , and that any person conducting inspections is qualified as a Florida Statutes building inspector under Part XII of Chapter 468, . SECTION 108 TEMPORARY STRUCTURES AND USES 108.1 General. The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The building official is authorized to grant extensions for demonstrated cause. 108.2 Conformance. Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of this code as necessary to ensure public health, safety and general welfare. 108.3 Temporary power. The building official is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or Florida Building Code, Building. power in Chapter 27 of the 402 of 424 108.4 Termination of approval. The building official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued. SECTION 109 FEES 109.1 Prescribed fees. A permit shall not be issued until fees authorized under Section 553.80, Florida Statutes, have been paid. Nor shall an amendment to a permit be released until the additional fee, if any, due to an increase in the estimated cost of the building, structure, electrical, plumbing, mechanical or gas systems has been paid. 109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority. 109.3 Other fees. A permit shall not be issued until all other fees associated with said permit are paid. Other fees may include additional fees, penalty fees, water and sewer capital facility fees, City Park & Recreation fees, Fire Department fees, City Green Building Fee, Palm Beach County Impact fees and State of Florida fees. Water and sewer facility fees are established in Chapter 26 of the City of Boynton Beach Code of Ordinances. The Fire Department fees are established in Chapter 9 of the City of Boynton Beach Code of Ordinances. The City Green Building fee is established in the City of Boynton Beach Code Land Development Regulations Chapter 2, Article 1, Section 5. The city may elect to collect Palm Beach County Impact fees that include fees for Roads, Public Buildings, Schools and Parks. The city collects State of Florida surcharge fees for the Radon Trust Fund (Radon) and Building Code Administrators and Inspectors Fund (BCAIF). When applicable, the administrative portion of the Art in Public Places fee (30% of the total Art fee) is due prior to permit issuance. 109.4 Building permit valuations. If, in the opinion of the building official, the claimed valuation of building, alteration, structure, electrical, gas, mechanical or plumbing systems appears to be underestimated on the application, the permit shall be denied, unless the applicant can show detailed, quantity estimates, and/or bona fide signed contracts (excluding land value) to meet the approval of the building official. For permitting purposes, valuation of buildings and systems shall be total replacement value to include structural, electric, plumbing, mechanical, interior finish, relative site work, architectural and design fees, overhead and profit; excluding only land value. Valuation references may include the latest published data of national construction cost analysis services (Marshall-Swift, Means, etc.), as published by International Code Congress. Final building permit valuation shall be set by the building official. 109.4.1 Exemptions. Manufacturing Equipment: For the purposes of calculating permit fees the cost of equipment used in the process of manufacturing a product shall be exempt from paying permit fees for any portion of the cost greater than $10,000 dollars if the following criteria are met: 403 of 424 • Equipment must have a replacement cost and/or purchase cost greater than $10,000 dollars per each piece of equipment to be exempted. • Equipment must be purchased directly by the owner. • Equipment cannot not be an integral part of the building, building envelope, building system, and/or essential to the operation of the building. • The nature of equipment shall be that if a business was to cease to exist or relocate the equipment would be easily removed from the building. Note: All, electric, piping, mounting, structural connections, attachment of auxiliary equipment necessary to operate the manufacturing equipment will be included in permit valuation and subject to permit fees. 109.5 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system that requires a permit before obtaining the necessary permit(s) without prior approval from the building official shall be subject to a penalty of four times the permit fee that is required for the work. The building official shall have the authority to waive the penalty fee upon written appeal from the applicant. . alteration 109.6 Related fees. The payment of the fee for the construction, , removal or demolition for work done in connection to or concurrently with the work authorized by a permit permit building shall not relieve the applicant or holder of the from the payment of other fees that are prescribed by law 109.7 Plan filing fee. A plan-filing fee shall be paid at the time of filing a permit application as required, in accordance with the schedule as established by the applicable governing authority. The plan-filing fee is part of the permit fee and is deducted from the total amount of the permit fee. The plan-filing fee is nonrefundable. 109.8 Refunds. All permit fees under this section are non-refundable and non-transferable 109.9 Contractors 109.9.1 Contractor's responsibilities. It shall be the duty of every contractor who shall make contract for the installation or repairs of a building, structure, electrical, gas, mechanical or plumbing system, for which a permit is required to comply with state, county or local rules and regulations concerning licensing and inspections which the applicable governing authority may have adopted. 109.9.2 Residential owner/builder exemption responsibilities. Pursuant to provisions of Chapter 489.103 and 489.503, Florida Statutes, an owner may make application for permit and must provide direct on site supervision with the construction, maintenance, alterations, or repairs of a one or two-family residence for his/her OWN USE AND OCCUPANCY and not intended for sale. The construction of more than one residence by an individual owner in any 365 day period shall be construed as contracting and, such owner shall then be required to be licensed as a contractor. 109.9.3 Non-residential owner/builder exemption responsibilities. An owner of any building may make application for a building permit for work in a building that is for 404 of 424 his/her OWN USE AND OCCUPANCY, and wherein the work does not exceed a maximum of $25,000 within any 365 day period. SECTION 110 INSPECTIONS 110.1 General. Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. 110.1.1Manufacturers and fabricators. When deemed necessary by the building official, he/she shall make, or cause to be made, an inspection of materials or assemblies at the point of manufacture or fabrication. A record shall be made of every such examination and inspection and of all violations of the technical codes. 110.2 Preliminary inspection. Subject to the limitations of F.S. Chapter 553, before issuing a permit, the building official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed. 110.2.1 Existing building inspections. Before issuing a permit, the building official may examine or cause to be examined any building, electrical, gas, mechanical, or plumbing systems for which an application has been received for a permit to enlarge, alter, repair, move, demolish, install, or change the occupancy. He/she may inspect the buildings, structures, electrical, gas, mechanical and plumbing systems, from time to time, before, during and upon completion of the work for which a permit was issued. He/she shall make a record of every such examination and inspection and of all observed violations of Florida Building Code, Existing Building the technical codes. Additional regulations in may apply. 110.3 Required inspections. The building official upon notification from the permit holder or his or her agent, shall make the following inspections, and such other inspections as deemed necessary, and shall either release that portion of the construction or shall notify the permit holder or his or her agent of any violations which must be corrected in order to comply with the technical codes. The building official shall determine the timing and sequencing of when inspections occur and what elements are inspected at each inspection. A complete survey, or special purpose survey may be required before an inspection is approved. A. Building 405 of 424 1. Foundation inspection. To be made after trenches are excavated and forms erected and required reinforcing steel is in place and, shall at a minimum include the following building components:  Stem-wall  Monolithic slab-on-grade  Pilings and pile caps  Footings/grade beams 1.1 Slab/Floor Inspection: Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel or framing members installed and all building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor. A foundation/Form board survey prepared and certified by a registered surveyor may be required, prior to approval of the slab inspection. The survey shall certify placement of the building on the site, illustrate all surrounding setback dimensions and shall be available at the job site for review by the building inspector. 2. Construction Inspections 2.1 Lintel/tie beams/columns/masonry units. To be made after masonry units, forms, reinforcing steel, shoring, conduit, piping accessories, and other ancillary equipment items are in place, but before any concrete is placed. 2.2 Sheathing inspection. To be made either as part of a dry-in inspection or done separately at the request of the contractor after all roof and wall sheathing and fasteners are complete and shall at a minimum include the following building components:  Roof sheathing  Wall sheathing  Floor sheathing  Sheathing fasteners  Roof/wall dry-in.  Gypsum board, as required  Sheathing/cladding inspection NOTE: Sheathing fasteners installed and found to be missing the structural member (shiners) shall be removed prior to installation of the dry-in material. 2.3 Framing inspection. To be made after the roof deck or sheathing, all framing, fire blocking and bracing is in place, all concealed wiring, all pipes, chimneys, ducts and vents are complete and shall at a minimum include the following building components:  Window/door framing and installation. Verify rough opening dimensions are within tolerances, buck and attachments  Lintel/tie beams complete, if applicable.  Framing/trusses/bracing/connectors (including truss layout drawings)  Draft stopping/fire blocking  Curtain wall framing  Fire resistant assemblies, joints and penetrations, as required 406 of 424  Accessibility. 3. Roofing inspection. Shall at a minimum include the following building components:  Dry-in  Insulation  Roof coverings (including in-progress)  Flashing 4. Energy insulation, thermal and ignition barriers 5. Lath/Drywall. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or gypsum board joints and fasteners are taped and finished. 6. Final inspection. To be made after the building is completed and ready for occupancy. 6.1. Elevation certificate. As part of the final inspection, an elevation certificate shall be submitted to the authority having jurisdiction. 7.Swimming pool inspection.  First inspection to be made after excavation and installation of reinforcing steel, bonding and main drain, and prior to placing of concrete shell.  Underground electric inspection  Underground piping inspection including a pressure test  Deck inspection: to be made prior to installation of the deck material (with forms, deck drains, and any reinforcement in placed.  Final electric inspection to be made prior to filling the swimming pool with water.  Final permanent barrier inspection is to be made prior to filling the swimming pool with water.  In order to pass final inspection and receive a certificate of completion, a residential swimming pool must meet the requirements relating to pool safety features as described in Section 424.2.17.  Final inspection to be made when the swimming pool is complete and all required enclosure requirements are in place. 8.Demolition inspections.  Final inspection to be made after all demolition work is completed. 9. Manufactured building inspections. The building department shall inspect construction of foundations; connecting buildings to foundations; installation of parts identified on plans as site installed items, joining the modules, including utility crossovers; utility connections from the building to utility lines on site; and any Florida Building other work done on site which requires compliance with the Code. Additional inspections may be required for public educational facilities (See Section 423.27.20). 10. Where impact-resistant coverings or impact resistant systems are installed to meet requirements of this code, the building official shall schedule adequate inspections 407 of 424 of impact-resistant coverings or impact resistant systems to determine the following:  The system indicated on the plans was installed.  The system is installed in accordance with the manufacturer’s installation instructions and the product approval. B. Electrical 1. Underground inspection (including bonding and ground). To be made after trenches or ditches are excavated, conduit or cable is installed, and before any backfill is put in place. 2. Rough-in inspection. To be made after the building is dried-in, framing, fire-blocking and bracing is in place, and prior to the installation of insulation (if applicable), or wall or ceiling membranes. 3. Low Voltage: To be made for security, alarm, elevator, and special uses. 4. Final inspection. To be made after the building is complete, all required electrical fixtures are in place and properly connected or protected, and the structure is ready for occupancy. C. Plumbing 1. Underground inspection. To be made after trenches or ditches are excavated, piping is installed, and before any backfill is put in place. 2. Rough-in inspection. To be made after the roof, framing, fireblocking and bracing is in place and all soil, waste and vent piping is complete, and prior to the is installation of insulation (if applicable), or wall or ceiling membranes. 3. Final inspection. To be made after the building is complete, all plumbing fixtures are in place and properly connected, and the structure is ready for occupancy. Florida Building Code, Plumbing Note: See Section 312 of the for required tests. D. Mechanical 1. Underground inspection. To be made after trenches or ditches are excavated, underground duct and fuel piping is installed, and before any backfill is put in place. 2. Rough-in inspection. To be made after the building is dried-in, framing, fire blocking and bracing are in place and all ducting, and other concealed components are complete, and prior to the installation of insulation (if applicable), or wall or ceiling membranes. 408 of 424 3. Final inspection. To be made after the building is complete, the mechanical system is in place and properly connected, and the structure is ready for occupancy. E. Gas 1. Rough piping inspection. To be made after all new piping authorized by the permit has been installed, and before any such piping has been covered or concealed or any fixtures or gas appliances have been connected. 2. Final piping inspection. To be made after all piping authorized by the permit has been installed and after all portions which are to be concealed by plastering or otherwise have been so concealed, and before any fixtures or gas appliances have been connected. This inspection shall include a pressure test. 3. Final inspection. To be made on all new gas work authorized by the permit and such portions of existing systems as may be affected by new work or any changes, to ensure compliance with all the requirements of this code and to assure that the installation and construction of the gas system is in accordance with reviewed plans. F. Site Debris 1. The contractor and/or owner of any active or inactive construction project shall be responsible for the clean-up and removal of all construction debris or any other miscellaneous discarded articles prior to receiving final inspection approval. Construction job sites must be kept clean. 2. All debris shall be kept in such a manner as to prevent it from being spread by any means. 110.3.1 Footing and foundation inspection. Reserved. 110.3.2 Concrete slab and under-floor inspection.Reserved. 110.3.3 Reinforcing steel and structural frames. Reinforcing steel or structural frame work of any part of any building or structure shall not be covered or concealed without first obtaining a release from the building official. Certification that field welding and structural bolted connections meet design requirements shall be submitted to the building official, upon request. 110.3.4 Termites. Building components and building surroundings required to be protected from termite damage in accordance with Section 1503.6, Section 2304.13 or Section 2304.11.6, specifically required to be inspected for termites in accordance with Section 2114, or required to have chemical soil treatment in accordance with Section 1816 shall not be covered or concealed until the release from the building official has been received. (Also refer to Sections 105.10 and 105.11) 110.3.5 Shoring. For threshold buildings, shoring and associated formwork or falsework shall be designed and inspected by a Florida licensed professional engineer, employed by 409 of 424 the permit holder or subcontractor, prior to any required mandatory inspections by the threshold building inspector. 110.3.6 Fire- and smoke-resistant penetrations. Protection of joints and penetrations in smoke barriers fire-resistance-rated assemblies, and smoke partitions shall not be approved. concealed from view until inspected and 110.3.7 Threshold building. 110.3.7.1 The enforcing agency shall require a special inspector to perform structural inspections on a threshold building pursuant to a structural inspection plan prepared by the engineer or architect of record. The structural inspection plan must be submitted to the enforcing agency prior to the issuance of a building permit for the construction of a threshold building. The purpose of the structural inspection plans is to provide specific inspection procedures and schedules so that the building can be adequately inspected for compliance with the permitted documents. The special inspector may not serve as a surrogate in carrying out the responsibilities of the building official, the architect or the engineer of record. The contractor’s contractual or statutory obligations are not relieved by any action of the special inspector. 110.3.7.2 The special inspector shall determine that a professional engineer who specializes in shoring design has inspected the shoring and reshoring for conformance with the shoring and reshoring plans submitted to the enforcing agency. A fee simple title owner of a building, which does not meet the minimum size, height, occupancy, occupancy classification or number-of-stories criteria which would result in classification as a threshold building under s. 553 .71, may designate such building as a threshold building, subject to more than the minimum number of inspections required Florida Building Code. by the 110.3.7.3 The fee owner of a threshold building shall select and pay all costs of employing a special inspector, but the special inspector shall be responsible to the enforcement agency. The inspector shall be a person certified, licensed or registered Florida Statutes, under Chapter 471, as an engineer or under Chapter 481, Florida Statutes, as an architect. 110.3.7.4 Each enforcement agency shall require that, on every threshold building: 110.3.7.4.1 The special inspector, upon completion of the building and prior to the issuance of a certificate of occupancy, file a signed and sealed statement with the enforcement agency in substantially the following form: “To the best of my knowledge and belief, the above described construction of all structural load- bearing components complies with the permitted documents, and the shoring and reshoring conforms to the shoring and reshoring plans submitted to the enforcement agency.” 110.3.7.4.2 Any proposal to install an alternate structural product or system to which building codes apply shall be submitted to the enforcement agency for review for compliance with the codes and made part of the enforcement agency’s recorded set of permit documents. 410 of 424 110.3.7.4.3 All shoring and reshoring procedures, plans and details shall be submitted to the enforcement agency for recordkeeping. Each shoring and reshoring installation shall be supervised, inspected and certified to be in compliance with the shoring documents by the contractor. 110.3.7.4.4 All plans for the building which are required to be signed and sealed by the architect or engineer of record contain a statement that, to the best of the architect’s or engineer’s knowledge, the plans and specifications comply with the applicable minimum building codes and the applicable fire-safety standards as determined by the local authority in accordance with this section and Chapter 633, Florida Statutes. 110.3.7.5 No enforcing agency may issue a building permit for construction of any threshold building except to a licensed general contractor, as defined in Section 489.105(3)(a), Florida Statutes, or to a licensed building contractor, as defined in Section 489. 105(3)(b),Florida Statutes, within the scope of her or his license. The named contractor to whom the building permit is issued shall have the responsibility for supervision, direction, management and control of the construction activities on the project for which the building permit was issued. 110.3.7.6 The building department may allow a special inspector to conduct the Section minimum structural inspection of threshold buildings required by this code, 553.73,Florida Statutes, without duplicative inspection by the building department. The building official is responsible for ensuring that any person conducting Part XII of Chapter 468,Florida inspections is qualified as a building inspector under Statutes, Chapter 471 or 481,Florida Statutes. or certified as a special inspector under Section 553.79(5),Florida Statutes, Inspections of threshold buildings required by are in addition to the minimum inspections required by this code. . 110.3.8 Reserved 110.3.9 Other inspections services. The building official may make, or cause to be made by others, the inspections required by Section 109. He/she may accept reports of inspectors of recognized inspection services, provided that after investigation he/she is satisfied as to their qualifications and reliability. A certificate called for by any provision of the technical codes shall not be based on such reports unless the same are in writing and certified by a responsible officer of such service. The building official may require the owner to employ an inspection service in the following instances: 1. For buildings or additions of Type I construction 2. For all major structural alterations 3. Where the concrete design is based on compressive strength (f ’c) in excess of 3000 pounds per square inch 4. For pile driving 5. For buildings with area greater than 20,000 square foot 411 of 424 6. For buildings more than 2 stories in height 7. For buildings and structures of unusual design or methods of construction Such inspectors shall be adequately present at times work is underway on the structural elements of the building. Such inspectors shall be a registered architect, or engineer, or a Chapter 468, Part XII, Florida Statutes. person licensed under Such inspectors shall submit weekly progress reports including the daily inspections to the building official, and including a code compliance opinion of the Resident Inspector. At the completion of the construction work or project, such inspectors shall submit a certificate of compliance to the building official, stating that the work was done in compliance with this code and in accordance with the permitted drawing. Final inspection shall be made by the building official before a Certificate of Occupancy or Certificate of Completion is issued; and confirmation inspections may be made at any time to monitor activities and resident inspectors. 110.3.9.1 Affidavit for Inspection. With specific prior approval of, and in a format acceptable to the building official, an affidavit for certification of inspection may be accepted from the permit qualifier; when accompanied by extensive photographic evidence of sufficient detail to demonstrate code compliance. The photographic evidence shall be comprehensive in the display of the installation and/or construction and job location identifiers. The affidavit and accompanying photographs shall be provided to the inspector onsite, at the next scheduled inspection. If the photographs are found to be insufficient by the building official to demonstrate compliance with this code and/or the permitted document, or clearly display location identifiers, or are missing, the inspector shall require the contractor to obtain the services of a Registered Florida Professional Engineer to inspect and certify the installation and/or construction. 110.3.10 Inspections prior to issuance of Certificate of Occupancy or Completion. The building official shall inspect or cause to be inspected, at various intervals, all construction or work for which a permit is required, and a final inspection shall be made of every building, structure, electrical, gas, mechanical or plumbing system upon completion, prior to the issuance of the Certificate of Occupancy or Certificate of Completion. In performing inspections, the building official shall give first priority to inspections of the construction, addition, or renovation to, any facilities owned or controlled by a state university, state community college or public school district. building official approved 110.4 Inspection agencies. The is authorized to accept reports of inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability 110.5 Inspection requests. It shall be the duty of the holder of the building permit or their duly authorized agent to notify the building official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code. 110.6 Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building inspector. The building official, 412 of 424 upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building official. 110.7 Impact of construction. All construction activity regulated by this code shall be performed in a manner so as not to adversely impact the condition of adjacent property, unless such activity is permitted to affect said property pursuant to a consent granted by the applicable property owner, under terms or conditions agreeable to the applicable property owner. This includes, but is not limited to, the control of dust, noise, water or drainage run-offs, debris, and the storage of construction materials. New construction activity shall not adversely impact legal historic surface water drainage flows serving adjacent properties, and may require special drainage design complying with engineering standards to preserve the positive drainage patterns of the affected sites. Accordingly, developers, contractors and owners of all new residential development, including additions, patios, driveways, decks or similar items, on existing properties resulting in a significant decrease in excess of 800 square feet of permeable land area on any parcel or has altered the drainage flow on the developed property shall, as a permit condition, provide a professionally prepared drainage plan clearly indicating compliance with this paragraph. Upon completion of the improvement, a certification from a licensed engineer shall be submitted to the inspector in order to receive approval of the final inspection. SECTION 111 CERTIFICATES OF OCCUPANCY AND COMPLETION 111.1 Use and Occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made, until the building official has issued a Certificate of Occupancy therefore as provided herein. Issuance of a Certificate of Occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Said certificate shall not be issued until all required electrical, gas, mechanical, plumbing and fire protection systems have been inspected for compliance with the technical codes and other applicable laws and ordinances and released by the building official. Certain fees, including the balance of the Arts in Public Places fee when applicable, are due prior to the issuance of a certificate of occupancy. permits Exception: Certificates of occupancy are not required for work exempt from under Section 105.2. 111.2 Certificate issued. After the building official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the building division or other agency whose approval is inherent in the building permitting process, the building official shall issue a Certificate of Occupancy that contains the following: 1. The building permit number. 2. The address of the structure. 3. The name and address of the owner. 413 of 424 4. A description of that portion of the structure for which the certificate is issued. 5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified. 6. For buildings and structures in flood hazard areas, a statement that documentation of the as-built lowest floor elevation has been provided and is retained in the records of the building division. 7. The name of the building official. 8. The edition of the code under which the permit was issued. 9. The use and occupancy, in accordance with the provisions of Chapter 3. 10. The type of construction as defined in Chapter 6. 11. The design occupant load. 12. If an automatic sprinkler system is provided, whether the sprinkler system is required. 13. Any special stipulations and conditions of the building permit. 111.3 Temporary/partial occupancy. A 30-day temporary/partial Certificate of Occupancy or Certificate of Completion may be issued for a portion or portions of a building that may safely be occupied prior to final completion of the building. The building official may require, once all life safety issues have been complied with, an applicant to provide adequate cash surety for unfinished work or revision of plans until a permanent Certificate of Occupancy or Certificate of Completion is granted. The purpose of the cash surety is to insure completion of work under this permit. Such cash surety shall be equal to one hundred ten percent (110%) of the estimated value of the remaining work, including labor and material, as determined by the design professional. The design professional shall submit a signed and sealed document attesting to the amount required to cover the cash surety. If work has not been completed and all finals requested within 90 days of issuance of the initial Temporary/Partial Certificate of Occupancy or Certificate of Completion, the jurisdiction retains the right to have the applicant surrender the cash surety. The jurisdiction then may use the surety to finish the remaining work. The surety shall be in the form of cash money, certified check, or cashiers check. Surety shall be returned upon approval of all final inspections and upon written request that has been approved by the building official. This provision is only for the Florida Building Code, all other Agency approvals necessary for construction must be secured prior to this provision being applied. 111.4 Certificate of Completion. Upon satisfactory completion of a building, structure, electrical, gas, mechanical or plumbing system, a Certificate of Completion may be issued. This certificate is proof that a structure or system is complete and for certain types of permits is released for use and may be connected to a utility system. This certificate does not grant authority to occupy or connect a building, such as a shell building, prior to the issuance of a Certificate of Occupancy. 414 of 424 111.5Revocation. The building official is authorized to, in writing, suspend or revoke a Certificate of Occupancy or Completion issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code. SECTION 112 SERVICE UTILITIES 112.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official and a Certificate of Occupancy or Completion is issued. The servicing utility company shall not connect the power supply until notified by the building official. shall have the authority to 112.2 Temporary connection. The building official authorize the temporary connection of the building or system to the utility source of energy, fuel or power for the purpose of testing building service systems or for use under a temporary Certificate of Occupancy. 112.3 Authority to disconnect service utilities. The building official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section 101.4 in case of emergency where necessary to eliminate an immediate hazard to life, or property, or unsafe condition, or when such utility connection has been made without the approval required by Section 112.1 or 112.2. The building official shall notify the serving utility, and whenever possible the owner and occupant of the building, structure, or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure, or service system shall be notified in writing, as soon as practical thereafter. SECTION 113 BUILDING BOARD OF ADJUSTMENT AND APPEALS 113.1 Appointment. There is hereby established a board to be called the Building Board of Adjustment and Appeals, which shall consist of seven members and two alternates. The applicable governing body shall appoint the Board. 113.2 Membership and Terms 113.2.1 Membership. The Building Board of Adjustment and Appeals shall consist of seven members. Such board members shall be composed of individuals with knowledge , and experience in the technical codes to includeto the greatest extent possible, an architect, engineer, general contractor, electrical contractor, HVAC contractor, plumbing contractor, and any other contractor licensed category. In addition to the regular members, there should be two alternate members, one member with the qualifications referenced above and one member at large from the public. A board member shall not act in a case in which he has a personal or financial interest. 415 of 424 113.2.2 Terms. The terms of office of the board members shall be staggered so no more than one-third of the board is appointed or replaced in any 12-month period. The two alternates, if appointed, shall serve one-year terms. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. Three absences of any member from required meetings of the board shall in a 12 month period, at the discretion of the applicable governing body, render any such member subject to immediate removal from office. 113.2.3 Quorum and voting. A simple majority of the board shall constitute a quorum. In varying any provision of this code, the affirmative votes of the majority present, but not less than three affirmative votes, shall be required. In modifying a decision of the building official, not less than four affirmative votes, but not less than a majority of the board, shall be required. In the event that regular members are unable to attend a meeting, the alternate members, if appointed, shall vote. 113.2.4 Secretary of board. The building official or his/her authorized representative shall act as secretary of the board and shall make a detailed record of all of its proceedings, which shall set forth the reasons for its decision, the vote of each member, the absence of a member, and any failure of a member to vote. 113.3 Powers. The Building Board of Adjustments and Appeals shall have the power, as further defined in 116.4, to hear appeals of decisions and interpretations of the building official and consider variances of the technical codes. 113.4 Appeals 113.4.1 Decision of the building official. The owner of a building, structure or service system, or duly authorized agent, may appeal a decision of the building official to the Building Board of Adjustment and Appeals whenever any one of the following conditions are claimed to exist: 1. The building official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or service system. 2. The provisions of this code do not apply to this specific case. 3. That an equally good or more desirable form of installation can be employed in any the building official has rejected or refused specific case, which. 4. The true intent and meaning of this code or any of the regulations hereunder have been misconstrued or incorrectly interpreted. 113.4.2 Variances. The Building Board of Adjustments and Appeals, when upon written request, has been so appealed to and after a hearing, may vary the application of any provision of this code to any particular case when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this or the technical codes or public interest, and also finds all of the following: 416 of 424 1. That special conditions and circumstances exist which are peculiar to the building, structure or service system involved and which are not applicable to others. 2. That the special conditions and circumstances do not result from the action or inaction of the applicant. 3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this code to other buildings, structures or service system. 4. That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure or service system. 5. That the grant of the variance will be in harmony with the general intent and purpose of this code and will not be detrimental to the public health, safety and general welfare. 113.4.2.1 Conditions of the variance. In granting the variance, the board may prescribe a reasonable time limit within which the action for which the variance is required shall be commenced or completed or both. In addition, the board may prescribe appropriate conditions and safeguards in conformity with this code. Violation of the conditions of a variance shall be deemed a violation of this code. 113.4.3 Notice of appeal. Notice of appeal shall be in writing and filed within 30 calendar days after the building official renders the decision. Appeals shall be in a form acceptable to the building official. 113.4.4 Unsafe or dangerous buildings or service systems. In the case of a building, structure or service system, which in the opinion of the building official, is unsafe, unsanitary or dangerous, the building official may, in the order, limit the time for such appeals to a shorter period. 113.5 Procedures of the board. 113.5.1 Rules and regulations. The board shall establish rules and regulations for its own procedure not inconsistent with the provisions of this code. The board shall meet on call of the chairman. The board shall meet within 30 calendar days after notice of appeal has been received. 113.5.1.1 Rules of Evidence. Formal rules of evidence shall not apply, but fundamental due process should be observed and govern the proceedings. Upon determination by the Chairperson, irrelevant, immaterial, or unduly repetitious evidence may be excluded, but all other evidence of a type commonly relied upon by reasonable, prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of Florida. Any part of the evidence may be received in written form. The Board may request certain evidence be provided by an architect or engineer registered in the State of Florida, in which case said evidence shall be signed, sealed, and dated. 113.5.1.2 Testimony. Any member of the Board or the attorney representing the Board may inquire of, or question, any witness before the Board. Any member of the Board, the petitioner or his/her attorney, and/or the building official shall be permitted 417 of 424 to inquire of any witness before the Board. The Board may consider testimony presented by the building official, the petitioner, or any other witness. 113.5.2 Decisions. The Building Board of Adjustment and Appeals shall, in every case, reach a decision without unreasonable or unnecessary delay. Each decision of the board shall also include the reasons for the decision. If a decision of the board reverses or modifies a refusal, order, or disallowance of the building official or varies the application of any provision of this code, the building official shall immediately take action in accordance with such decision. Every decision shall be promptly filed in writing in the office of the building official and shall be open to public inspection. A certified copy of the decision shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the building official for two weeks after filing. Every decision of the board shall be final; subject however to such remedy as any aggrieved party might have at law or in equity. SECTION 114 VIOLATIONS Any person, firm, corporation or agent who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, or who shall erect, construct, alter, install, demolish or move any structure, electrical, gas, mechanical or plumbing system, or has erected, constructed, altered, repaired, moved or demolished a building, structure, electrical, gas, mechanical or plumbing system, without full compliance with applicable codes, laws, ordinances, rules and regulations, shall be guilty of a misdemeanor. Each such person shall be considered guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of applicable codes, laws, ordinances, rules and regulations is committed or continued, and upon conviction of any such violation such person shall be punished within the limits and as provided by state laws. Nothing in this section shall prevent the authority having jurisdiction from imposing fines, liens, or seek injunction relief, or exercising 162 Florida other enforcement powers as permitted by law. Code enforcement and penalties of Statutes Part I shall be authorized if building work begins without payment of all required fees, Florida Statute 468 and for thepurposes of enforcing this code, code officials licensed under Part XII Florida Statute 162.04 are deemed “Code Inspectors”, as defined in. SECTION 115 STOP WORK ORDER 115.1 Stop work orders. Upon notice from the building official, work on any building, structure, electrical, gas, mechanical or plumbing system that is being done contrary to the provisions of this code or in a dangerous or unsafe manner, shall immediately cease. 115.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner’s agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume. Where an emergency exists, the building official shall not be required to give a written notice prior to stopping the work. 418 of 424 115.3 Unlawful continuance. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law. SECTION 116 UNSAFE STRUCTURES AND EQUIPMENT 116.1 Unsafe buildings or systems. All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be ordered by the building official to be abated by the owner, through repair and rehabilitation or by demolition in accordance with the this Code. The extent of repairs shall be determined by the building official. When the building official determines that an unsafe building, structure, or service system cannot be reasonably repaired in accordance with this or the technical codes, it shall be demolished in accordance with this section. 116.1.1 When the building official determines a building, structure, electrical, gas, mechanical or plumbing system or portion thereof is unsafe, as set forth in this Code provide he/she shall the owner, agent or person in control of such building, structure, aof violation electrical, gas, mechanical or plumbing system written notice stating the defects thereof. This notice shall require the owner within a stated time either to complete specified repairs or improvements, or to demolish and remove the building, structure, electrical, gas, mechanical or plumbing system or portion thereof. 116.1.2 If necessary, the notice shall also require the building, structure, electrical, gas, mechanical, plumbing systems or portion thereof to be vacated and/or disconnected, and not reoccupied and/or reconnected until the specified repairs and improvements are completed, inspected and approved by the building official. The building official shall post at each entrance to the building a placard stating: THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING OFFICIAL. This placard shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation or its officers, agents, or other servants, to remove the posting without written permission of the building official, or for any person to enter the building, or use the building or system(s) except for the purpose of making the required repairs or of demolishing same. 116.1.3 In case the owner, agent, or person in control cannot be found within the stated time limit, or, if such owner, agent, or person in control shall fail, neglect, or refuse to comply with notice to repair, rehabilitate, or to demolish, and remove said building, structure, electrical, gas, mechanical or plumbing system or portion thereof, the building official, after having ascertained the cost may take action to cause such building, structure, electrical, gas, mechanical or plumbing system or portion thereof, to be demolished, secured, repaired, or required to remain vacant or unused. Taking such action does not create a continuing obligation on the part of the building official to continue with maintaining such building, structure, or system; or create liability for any damage to the property. 419 of 424 116.1.4 The decision of the building official shall be final in cases of emergency, which, in the opinion of the building official, involve imminent danger to human life or health, or the property of others. He/she shall promptly cause such building, structure, electrical, gas, mechanical or plumbing system or portion thereof to be made safe or cause its removal. For this purpose he/she may at once enter such structure or land on which it stands, or abutting land or structures, with such assistance and at such cost as he may deem necessary. He/she may order the vacating of adjacent structures and may require the protection of the public by appropriate fence or such other means as may be necessary, and for this purpose may close a public or private way. 116.2 Reserved. 116.3 Administrative fines; costs to repair; liens. Costs incurred under 116.1.3 and 116.1.4 shall be charged to the owner of the premises involved. If charges are not paid within a ten (10) mailing of day period following the billing notification sent by certified mail, the owner of the premises will be charged in the following manner: 1. The building official shall assess the entire cost of such vacation, demolition, securing, or removal against the real property upon which such cost was incurred, which assessment shall include but not be limited to all administrative costs, postal expenses, and shall constitute a lien upon such property superior to all others except taxes. 2. The Clerk of the Circuit Court shall file such lien in the County's Official Record Book showing the nature of such lien, the amount thereof and an accurate legal description of the property, including the street address, which lien shall be effective from the date of filing and recite the names of all persons notified and interested persons. After three (3) months from the filing of any such lien which remains unpaid, the governing body may foreclose the lien in the same manner as mortgage liens are foreclosed. Such lien shall bear interest from date of abatement of nuisance at the rate of ten (10) percent per annum and shall be enforceable if unsatisfied as other liens may be enforced by the governing agency. 116.4 Appeal. The owner, agent, or person in control of an unsafe structure or system shall have the right to appeal the decision of the building official, as provided hereinafter, and to appear before the Building Board of Adjustments and Appeals at a specified time and place to show cause why they should not comply with said notice. SECTION 117 TESTS The building official may require tests or test reports as proof of compliance. Required tests are to be made at the expense of the owner, or agent, by an approved testing laboratory or other approved agency. SECTION 118 WIND LOADS (Section 1609, Florida Building Code) 420 of 424 The basic wind speed in miles per hour, for development of wind loads, shall be determined from figure 1609, said Basic Wind Speed for Boynton Beach as depicted on map Figure 1609A, Figure 1609B, and Figure 1609C is hereby added to this code. SECTION 119 SEVERABILITY If any section, subsection, sentence, clause or phrase of this code is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code. 421 of 424 14. A FUTURE AGENDA ITEMS October 1, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 1, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Announcement of Public Meeting to be held at the EQUESTED CTION BY ITY OMMISSION th Carolyn Sims Center at Wilson Park (225 NW 12 Avenue) on October 24, 2013 at 6:30 p.m. for the purpose of updating the Heart of Boynton Community Redevelopment Plan ER: Community Redevelopment Agency and City Development XPLANATION OF EQUEST Department staff will host a public meeting to obtain input on proposed plan updates for the Heart of Boynton Community Redevelopment Plan, from 6:30 to 8:30 p.m. at the th Carolyn Sims Center at Wilson Park (225 NW 12 Avenue). All residents and interested parties are welcome to attend. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 422 of 424 14. B FUTURE AGENDA ITEMS October 1, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 1, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Renaming of Oceanfront Park - 10/15/13 EQUESTED CTION BY ITY OMMISSION ER: The Recreation & Parks Advisory Board will be discussing XPLANATION OF EQUEST this topic at their September 23, 2013 monthly meeting and will bring back a recommendation to the Commission (per policy) at the October 15, 2013 City Commission meeting. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 423 of 424 14. C FUTURE AGENDA ITEMS October 1, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 1, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve amended Ordinance providing for use of EQUESTED CTION BY ITY OMMISSION Special Magistrate for Code Enforcement/Lien Reduction Hearings - 10-15-13 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 424 of 424