Agenda 08-19-14 Searchable
The City of
The City of
Boynton Beach
Boynton Beach
100 E. Boynton Beach Boulevard ● (561) 742-6000
TUESDAY, AUGUST 19, 2014
5:30 PM
FINAL AGENDA
City Commission
AGENDA
Jerry Taylor
Mayor – At Large
Joe Casello
Vice Mayor – District IV
David T. Merker
Commissioner – District I
Mack McCray
Commissioner – District II
Michael M. Fitzpatrick
Commissioner – District Ill
Lori LaVerriere
City Manager
James Cherof
City Attorney
Janet M. Prainito
City Clerk
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www.boynton–beach.org
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WELCOME
Thank you for attending the City Commission Meeting
GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which
determines the order of business conducted at the meeting. The City Commission will
not take action upon any matter, proposal, or item of business, which is not listed upon
the official agenda, unless a majority of the Commission has first consented to the
presentation for consideration and action.
Consent Agenda Items:
These are items which the Commission does not need to
discuss individually and which are voted on as a group.
Regular Agenda Items:
These are items which the Commission will discuss individually
in the order listed on the agenda.
Voice Vote:
A voice vote by the Commission indicates approval of the agenda item.
This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAKING AT COMMISSION MEETINGS:
The public is encouraged to offer comment to the Commission at their meetings during Public
Hearings, Public Audience, and on any regular agenda item, as hereinafter described.
City Commission meetings are business meetings and, as such, the Commission retains the
right to impose time limits on the discussion on an issue.
Public Hearings:
Any citizen may speak on an official agenda item under the section
entitled “Public Hearings.”
Public Audience:
Any citizen may be heard concerning any matter within the scope of
the jurisdiction of the Commission – Time Limit – Three (3) Minutes
Regular Agenda Items:
Any citizen may speak on any official agenda item(s) listed on
the agenda after a motion has been made and properly seconded, with the exception of
Consent Agenda Items that have not been pulled for separate vote, reports,
presentations and first reading of Ordinances – Time Limit – Three (3) minutes
ADDRESSING THE COMMISSION:
When addressing the Commission, please step up to either podium and state, for the record,
your name and address.
DECORUM:
Any person who disputes the meeting while addressing the Commission may be ordered by the
presiding officer to cease further comments and/or to step down from the podium. Failure to
discontinue comments or step down when so ordered shall be treated as a continuing disruption
of the public meeting. An order by the presiding officer issued to control the decorum of the
meeting is binding, unless over-ruled by the majority vote of the Commission members present.
Please turn off all pagers and cellular phones in the City Commission Chambers while the City
Commission Meeting is in session.
City Commission meetings are held in the Boynton Beach City Commission Chambers, 100
East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the
first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda
Schedule – some meetings have been moved due to Holidays/Election Day).
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1. OPENINGS
A. Call to order - Mayor Jerry Taylor
A closed-door session of the City Commission is scheduled for
5:30 p.m. on August 19, 2014 to discuss pending litigation in the
following case:
YMANNE LAURENT, Plaintiff vs. CITY OF BOYNTON
BEACH, Defendant. Case No. 502013CA012688XXXXMB
(slip & fall)
B. Invocation
C. Pledge of Allegiance to the Flag led by Commissioner McCray
D. 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. Consider the recommendations of the Financial Advisory Committee (FAC)
presented by Steven Grant, FAC Chair.
B. Save the date for the FEMA Flood Map Public Open House to be held on
Monday, September 8, 2014 from 4:00 p.m. to 7:00 p.m. at the Boynton Beach
City Library in the Library Program Room, located at 208 S. Seacrest
Boulevard, Boynton Beach, FL.
C. Announce the date change of the first meeting in September from Tuesday,
September 2nd to Wednesday, September 3rd.
D. Public Budget Hearing dates/times to adopt FY 14/15 Budget, Millage Rate and
Fire Assessment:
Wednesday – 9/3/14 Beginning at 6:30 p.m., First Public Budget Hearing to
Adopt FY 14/15 Proposed Budget;
Thursday – 9/11/14 Beginning at 6:00 p.m., Special Commission Meeting to
Adopt Final Fire Assessment Resolution;
Tuesday – 9/16/14 Beginning at 6:30 p.m., Second Public Budget Hearing to
Adopt Final Millage Rate and FY 14/15 Final budget;
All meetings will be held in City Hall Commission Chambers.
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E. Announce the Primary Election will be held on Tuesday, August 26, and the
Early Voting Period will be Monday, August 11 to Sunday, August 24. The
Ezell Hester, Jr. Community Center will be one of the fourteen locations in
Palm Beach County at which people can vote early, and will be open from 10
am to 6pm daily.
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)
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 1 alternate
Building Board of Adjustment and Appeals: 1 alternate
Cemetery Board: 1 alternate
Education & Youth Advisory Board: 1 student N/V
Financial Advisory Committee: 2 regulars and 2 alternates
Golf Course Advisory Committee: 1 alternate
Historic Resource Preservation Board: 2 alternates
Library Board: 1 alternate
Recreation and Parks Board: 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
PROPOSED RESOLUTION NO. R14-071
A. - Authorize the City Manager to
execute an Agreement with Paddleawaysports.com Inc. for a concession to
provide kayak lessons, rentals and tours from a portion of the designated
property at the back of Intracoastal Park, for a monthly rental fee of $150.
B. Approve reduction of the performance bond #09065362 that was submitted by
D.R. Horton, Inc. in the amount of $412,211.80 by the amount of $391,601.21
for the completion of the paving, grading, and drainage improvements in
association with the Estates of Heritage project.
C. Approve the Bid for "ANNUAL SUPPLY OF BRASS FITTINGS AND
ACCESSORIES" Bid # 063-1412-14/MFD to the lowest, most responsive,
responsible bidders meeting all specifications to the following three (3)
companies as a Primary, Secondary and Third vendor: Ferguson Enterprises
(Primary), Fortiline (Secondary) and HD Supply (Third). These items will be
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ordered on an "AS NEEDED" basis and the estimated annual expenditure is
$65,000.
D. Approve the Bid for "ANNUAL SUPPLY OF PIPE FITTINGS AND
ACCESSORIES" Bid # 064-1412-14/MFD to the lowest, most responsive,
responsible bidders meeting all specifications to the following four (4)
companies as a Primary, Secondary and two (2) Third vendors: Ferguson
Enterprises (Primary), Fortiline (Secondary), HD Supply (Third) and Marilfow
(Third). These items will be ordered on an "AS NEEDED" basis and the
estimated annual expenditure is $99,000.
E. Accept the written report to the Commission for purchases over $10,000 for the
month of July 2014.
F. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the
procurement of services and/or commodities as described in the written report
for August 19, 2014 - "Request for Extensions and/or Piggybacks".
G. Award the bid for "The Replacement of Three Air Conditioning Systems at the
Intracoastal Clubhouse" to Cedars Electro-Mechanical, Inc. of Lake Worth,
Florida in the amount of $47,537.00.
H. Approve the minutes from the Regular City Commission meeting held on
August 5, 2014
7. BIDS AND PURCHASES OVER $100,000
A. Approve the employee group benefits insurance programs for fiscal year 2014-
2015 and authorize City Manager to execute required documents for the
following policies per the Request for Proposal for "Fully Insured: Group
Medical, Dental, Life, and Long Term Disability Insurance" RFP No. 048-1610-
14/JMA:
PROPOSED RESOLUTION NO. R14-072
(1) - Approve and authorize the City
Manager to execute an agreement with CIGNA Healthcare for City's Group
Medical Insurance for the plan year October 1, 2014 thru September 30, 2015;
PROPOSED RESOLUTION NO. R14-073
(2) - Approve and authorize the City
Manager to execute an agreement with CIGNA Healthcare for City's "Fully
Insured Dental Plan" for the plan year October 1, 2014 thru September 30,
2015;
PROPOSED RESOLUTION NO. R14-074
(3) - Approve and authorize the City
Manager to execute required documents with The Hartford Group for the City's
"Life and Accidental Death & Dismemberment and Group Long Term Disability
Insurance Plans" for the contract term October 1, 2014 thru September 30,
2017.
8. CODE COMPLIANCE & LEGAL SETTLEMENTS
None
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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. 14-013 - FIRST READING - PUBLIC
A.
HEARING
- Approve High Ridge Landing PUD rezoning (REZN 14-002) from a
PUD (Planned Unit Development) with the Master Plan for 110 single-family
homes, to a PUD to be combined with adjacent property to the north,
establishing a Master Plan consisting of 184 apartments, the Imagine Charter
School and athletic fields, located at the NW corner of High Ridge Road and
Miner Road. Applicant: Ron Roan, High Ridge Housing, LLC.
PROPOSED ORDINANCE NO. 14-014 - FIRST READING - PUBLIC
HEARING
- Approve High Ridge Landing PUD rezoning (REZN 14-002) from
R-2 (Single and Two-Family Residential District) to a PUD to be combined with
adjacent property to the south establishing a new Master Plan consisting of 184
apartments, the Imagine Charter School and athletic fields, located at the NW
corner of High Ridge Road and Minor Road. Applicant: Ron Roan, High Ridge
Housing, LLC.
NOTE: THE SECOND AND FINAL PUBLIC HEARING OF THESE
ORDINANCES WILL BE SEPTEMBER 3, 2014.
B. Approve a Major Site Plan Modification (MSPM 14-002) to allow construction of
184 multi-family rental units (High Ridge Landing) consisting of eight (8) two-
and three-story apartment buildings, amenity area, and related site
improvements at the northwest corner of High Ridge Road and Miner Road, on
8.44 acres within a PUD (Planned Unit Development) zoning district. Applicant:
Ron Roan of High Ridge Housing, LLC.
NOTICE: FOLLOWING THE CLOSE OF PUBLIC COMMENTS, FINAL
ACTION WILL BE TABLED TO THE SEPTEMBER 3, 2014 MEETING SO
THAT FINAL ACTION IS TAKEN CONCURRENTLY WITH FINAL ACTION
ON THE ACCOMPANYING REZONING ITEM.
PROPOSED ORDINANCE NO.14-015 - FIRST READING - PUBLIC
C.
HEARING
- Approve request for The Women’s Circle rezoning (REZN 14-003)
of subject property from C-3 (Community Commercial) to C-2 (Neighborhood
Commercial), located at 910-918 SE 4th Street. Applicant: Sr. Lorraine Ryan,
The Women's Circle, Inc.
NOTE: THE SECOND AND FINAL PUBLIC HEARING OF THIS ORDINANCE
WILL BE SEPTEMBER 3, 2014.
D. Approve a Major Site Plan Modification (MSPM 14-003) to allow expansion of
an existing Social Service Agency (The Women's Circle) from 1,150 square
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feet to 5,731 square feet, consisting of a one-story addition of 4,581 square feet
and related site improvements, located at 910-918 SE 4th Street. Applicant:
Sister Lorraine Ryan, The Women's Circle, Inc.
NOTICE: FOLLOWING THE CLOSE OF PUBLIC COMMENTS, FINAL
ACTION WILL BE TABLED TO THE SEPTEMBER 3, 2014 MEETING SO
THAT FINAL ACTION IS TAKEN CONCURRENT WITH FINAL ACTION ON
THE ACCOMPANYING REZONING ITEM.
PROPOSED ORDINANCE NO.14-016 - FIRST READING - PUBLIC
E.
HEARING
- Approve request for Family Dollar rezoning (REZN 14-004) of
portion of subject property from R-2 (Single- and Two-Family Residential
District) to C-2 (Neighborhood Commercial District), located at 1010 N.
Seacrest Boulevard. Applicant: Paul Tremblay, BOOS Redevelopment Group
Ltd.
NOTE: THE SECOND AND FINAL PUBLIC HEARING OF THIS ORDINANCE
WILL BE SEPTEMBER 3, 2014.
F. Approve request for New Site Plan to construct a one-story, 8,136 square foot
retail building and related site improvements, on a 0.80-acre parcel located at
1010 North Seacrest Boulevard. Applicant: Paul Tremblay, Boos Development
Group, Inc.
NOTICE: FOLLOWING THE CLOSE OF PUBLIC COMMENTS, FINAL
ACTION WILL BE TABLED TO THE SEPTEMBER 3, 2014 MEETING SO
THAT ACTION IS TAKEN CONCURRENT WITH FINAL ACTION ON
REZONING ITEM.
G. Approve request for Community Design Plan Appeals (CDPA 14-001 & 14-002)
in conjunction with the request to construct a one-story, 8,136 square foot retail
building and related site improvements, on a 0.80-acre parcel located at 1010
North Seacrest Boulevard. Applicant: Paul Tremblay, Boos Development
Group, Inc.
NOTICE: FOLLOWING THE CLOSE OF PUBLIC COMMENTS, FINAL
ACTION WILL BE TABLED TO THE SEPTEMBER 3, 2014 MEETING SO
THAT FINAL ACTION IS TAKEN CONCURRENTLY WITH FINAL ACTION
ON THE ACCOMPANYING REZONING ITEM.
10. CITY MANAGER’S REPORT
A. Boynton Beach Utilities Monthly Operations Report to Commission for August
2014.
11. UNFINISHED BUSINESS
None
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12. NEW BUSINESS
None
13. LEGAL
PROPOSED ORDINANCE NO. 14-012 - SECOND READING - PUBLIC
A.
HEARING
- Approve the "Emergency Medical Services Ordinance" to establish
the new fee structure and rates for Emergency Medical Transport services by
Boynton Beach Fire Rescue Department
PROPOSED ORDINANCE NO 14-017- FIRST READING
B. - Approve request to
amend Part II, Chapter 14 of the City Code of Ordinances entitled "Motor
Vehicles and Traffic", by creating a new section 14-12 entitled "Curbstoning",
regulating the purchase and sale of motor vehicles from individuals other than a
dealer; providing for codification; providing for conflicts; providing for
severability; and providing for an effective date.
PROPOSED ORDINANCE NO. 14-018 - FIRST READING
C. - Approve
amendments to Code of Ordinances Part II, Chapter 13 "Licenses", renaming
the application review to "Business Use Certificate" and clarifying inspection
process and fees associated with "Certificate of Use and Occupancy."
PROPOSED ORDINANCE NO. 14-019 - FIRST READING
D. - Amending Article
IV, Chapter 18 of the Boynton Beach Code of Ordinances entitled Pensions for
Firefighters.
PROPOSED ORDINANCE NO. 14-020 - FIRST READING
E. - Approve
amendment to the Land Development Regulations, Chapter 4, Article 5,
Sections 3, 4 and 5 inserting Flexible Parking Provisions Promoting Smart
Growth (CDRV 14-002) through the addition of reduced parking ratios and
eligibility criteria for projects justifying lower parking needs and
accommodating, in part, fuel efficient vehicles, EV charging stations, incentives
for use of mass transit and ride sharing. Applicant: City-initiated.
AMENDED RESOLUTION NO. R14-075
F. - Restating date of budget adoption
public hearings
PROPOSED RESOLUTION NO. R14-076
G. - Approve ratification of new
Collective Bargaining Agreement for Officer and Detective bargaining unit.
14. FUTURE AGENDA ITEMS
A. Discuss impact of pending legislation legalizing restricted use of medical
marijuana. TBD
B. Hear presentation from All Aboard Florida - 9/3/14
C. Public Works to bring forward an ordinance revising monthly refuse charges to
single-family and multi-family residences to be effective 9/03/14 - TBD
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D. Staff report on Human Rights Council's request for City to update its non-
discrimination policy and offer domestic partnership benefits. - September 16,
2014
15. 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.
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3. A
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
August 19, 2014
COBB
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AIRF
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CMD:
August 19, 2014
OMMISSION EETING ATE
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ETTLEMENTS
RACC:
Consider the recommendations of the Financial
EQUESTED CTION BY ITY OMMISSION
Advisory Committee (FAC) presented by Steven Grant, FAC Chair.
ER:
This presentation provides a summary to the City
XPLANATION OF EQUEST
Commission of the Committee’s City Services Citizen Survey and recommendations for
the Commission’s consideration.
The Chair will discuss the Committee’s recommendations and items that were reviewed.
Committee Members: Steven Grant, Chair
Fakhry (Ed) Boulos
Dolores Schlesselman
David Yankovich
H?
The recommendations of the
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Financial Advisory Committee propose cost savings alternatives to consider in
connection with City services.
FI:
The fiscal impact on the budget for FY 2014-15 cannot be determined
ISCAL MPACT
at this time for each of the topics studied.
A:
None
LTERNATIVES
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3. B
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
August 19, 2014
COBB
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August 19, 2014
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ETTLEMENTS
RACC:
Save the date for the FEMA Flood Map Public
EQUESTED CTION BY ITY OMMISSION
Open House to be held on Monday, September 8, 2014 from 4:00 p.m. to 7:00 p.m. at the
Boynton Beach City Library in the Library Program Room, located at 208 S. Seacrest Boulevard,
Boynton Beach, FL.
ER:
The City of Boynton Beach will be hosting the FEMA Flood
XPLANATION OF EQUEST
Map Public Open House to be held on Monday, September 8, 2014 in the Boynton
Beach City Library in the Library Program Room. This meeting will give residents the
opportunity to look up their properties on the revised flood maps, speak with FEMA
representatives, as well as representatives from the insurance industry, Palm Beach
County and the City of Boynton Beach. There will be engineers and building officials on
hand to answer questions about the flood maps and flood zones. FEMA will also have
an appeals and comment station for residents.
There will be three other Public Open House sites in different parts of Palm Beach
County:
September 9, 2014 at the Palm Beach county Hearing Room Chamber at 2300
N. Jog Road, West Palm Beach, FL from 4:00 p.m. – 7:00 p.m.
September 10, 2014 at the Belle Glade Civic Center/Palm Beach Co. Library at
th
725 NW 4 Street, Belle Glade, FL from 4:00 p.m. – 7:00 p.m.
September 11, 2014 at the Jupiter Community Center at 200 Military Trail,
Jupiter, FL from 4:00 p.m. – 7:00 p.m.
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H?
Hosting the FEMA Public Open
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
House makes it convenient for Boynton Beach residents to view the revised Flood Maps
and get important information that could possibly affect their property and insurance.
FI:
N/A
ISCAL MPACT
A:
Not to allow the announcement.
LTERNATIVES
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3. C
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
August 19, 2014
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RACC:
Announce the date change of the first meeting in
EQUESTED CTION BY ITY OMMISSION
ndrd
September from Tuesday, September 2 to Wednesday, September 3.
ER:
Staff is requesting the date of the first meeting in September
XPLANATION OF EQUEST
ndrd
be changed from Tuesday, September 2 to Wednesday, September 3 in order to
hold the First Public Hearing on the proposed FY 14/15 Budget in accordance with the
Truth in Millage (TRIM) calendar.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
LTERNATIVES
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3. D
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
August 19, 2014
COBB
ITY F OYNTON EACH
AIRF
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August 19, 2014
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ETTLEMENTS
RACC:
Public Budget Hearing dates/times to adopt FY
EQUESTED CTION BY ITY OMMISSION
14/15 Budget, Millage Rate and Fire Assessment:
Wednesday – 9/3/14 Beginning at 6:30 p.m., First Public Budget Hearing to Adopt FY 14/15
Proposed Budget;
Thursday – 9/11/14 Beginning at 6:00 p.m., Special Commission Meeting to Adopt Final Fire
Assessment Resolution;
Tuesday – 9/16/14 Beginning at 6:30 p.m., Second Public Budget Hearing to Adopt Final Millage
Rate and FY 14/15 Final budget;
All meetings will be held in City Hall Commission Chambers.
ER:
Public Meetings have been scheduled to adopt the FY 14/15
XPLANATION OF EQUEST
Budget and Millage, and to adopt the FY14/15 Fire Assessment. They will be held in
the City Hall Commission Chambers:
Wednesday – 9/3/14 6:30 p.m. First Public Budget Hearing to Adopt FY
14/15 Proposed Budget
Thursday – 9/11/14 6:00 p.m. Special Commission Meeting to Adopt Final
Fire Assessment Resolution
Tuesday – 9/16/14 6:30 p.m. Second Public Budget Hearing to Adopt
Final Millage Rate and FY 14/15 Final Budget
The Meetings will be advertised per Sunshine Law.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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3. E
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
August 19, 2014
COBB
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CMD:
August 19, 2014
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RACC:
Announce the Primary Election will be held on
EQUESTED CTION BY ITY OMMISSION
Tuesday, August 26, and the Early Voting Period will be Monday, August 11 to Sunday, August
24. The Ezell Hester, Jr. Community Center will be one of the fourteen locations in Palm Beach
County at which people can vote early, and will be open from 10 am to 6pm daily.
ER:
To provide Boynton Beach residents information regarding
XPLANATION OF EQUEST
the Early Voting Period and location.
H?
The meeting room at the Hester
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Center will not be available for programming during this period.
FI:
None
ISCAL MPACT
A:
Do not make the announcement.
LTERNATIVES
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5. A
ADMINISTRATIVE
August 19, 2014
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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 1 alternate
Building Board of Adjustment and Appeals: 1 alternate
Cemetery Board: 1 alternate
Education & Youth Advisory Board: 1 student N/V
Financial Advisory Committee: 2 regulars and 2 alternates
Golf Course Advisory Committee: 1 alternate
Historic Resource Preservation Board: 2 alternates
Library Board: 1 alternate
Recreation and Parks Board: 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.
FI:
None
ISCAL MPACT
A:
Allow vacancies to remain unfilled.
LTERNATIVES
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6. A
CONSENT AGENDA
August 19, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
August 19, 2014
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. R14-071 -
EQUESTED CTION BY ITY OMMISSION
Authorize the City Manager to execute an Agreement with Paddleawaysports.com Inc. for a
concession to provide kayak lessons, rentals and tours from a portion of the designated property
at the back of Intracoastal Park, for a monthly rental fee of $150.
AGREEMENTTERM:A10,2014A9,2015
UGUST THROUGH UGUST
ER:
XPLANATION OF EQUEST
The City entered into an Agreement with Paddleawaysports.com Inc. in August 2013 to
provide the public with kayak lessons and provide kayaks for rent from a non-motorized
launch area in Intracoastal Park. Paddleawaysports.com Inc. paid the City a fee of
$100.00 per month for one year. Paddleawaysports.com Inc. and the City would like to
renew the Agreement for another year for the agreed concessionaire fee of $150.00 per
month. The Security Deposit from Paddleawaysports.com Inc. will increase to $75.00;
the current security deposit is $50.00.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Independent concessionaires allow the City to offer a variety of services to the public
without the program costs associated with a City operated venue.
FI:
ISCAL MPACT
Paddleawaysports.com Inc. will pay the City a fee of $150.00 per month and for this
renewal year, will provide quarterly financial reports to the City Manager and the
Director of Recreation and Parks.
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A:
LTERNATIVES
Not enter into Agreement with this vendor.
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RESOLUTION NO. R14-071
A RESOLUTION OF THE CITY COMMISSION OF
BOYNTON BEACH, FLORIDA, APPROVING A VENDOR
CONCESSION LEASE AGREEMENT WITH
PADDLEAWAYSPORTS.COM INC. TO PROVIDE KAYAK
LESSONS, RENTAL AND TOURS FROM INTRACOASTAL
PARK; AUTHORIZING EXECUTION OF THE
AGREEMENT AND PROVIDING AN EFFECTIVE DATE
.
WHEREAS
, the City Commission of the City of Boynton Beach, upon recommendation
of staff finds it in the best interest of the City to enter into a Vendor Concession Lease
Agreement with PADDLEAWAYSPORTS.COM INC. to provide kayak rental, lessons, and
tours from Intracoastal Park for a one year term.
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 approve
a Vendor Concession Lease Agreement with PADDLEAWYSPORTS.COM INC. a copy of
which is attached hereto as Exhibit “A”.
Section 3. The City Manager and City Clerk are authorized to execute the Provider
Agreement with CIGNA HealthCare.
Section 4. That this Resolution shall become effective immediately upon passage.
th
PASSED AND ADOPTED
this 19day of August, 2014.
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CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Joe Casello
______________________________
Commissioner – David T. Merker
_______________________________
Commissioner – Mack McCray
_______________________________
Commissioner – Michael M. Fitzpatrick
ATTEST:
_________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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VENDOR LEASE AGREEMENT FOR KAYAK CONCESSION
INTRACOASTAL PARK
THIS AGREEMENT
, made and entered into this day of
2014, by and between the CITY OF BOYNTON BEACH, FLORIDA, hereinafter referred
to as “CITY”, and DEAN ERNST, hereinafter referred to as “LESSEE”
WHEREAS
, the City of Boynton Beach and Paddleawaysports.com Inc. desire to
enter into this Lease Agreement; and,
WHEREAS
, the City agrees to Lease to Paddleawaysports.com Inc. for the use
of kayak lessons, rentals, and tours a portion of the designated property located at the
Intracoastal Park for the purposes set forth herein; and,
WHEREAS
, the Lease Agreement does not preclude the City or public from also
using the devised property located at the Intracoastal Park; and,
NOW, THEREFORE
, the parties hereto for the promises and covenants herein
contained and other good and valuable consideration, the sufficiency of which is hereby
acknowledged state as follows:
The City and Lessee agree that, for consideration as provided for herein, the parties
shall have certain rights and obligations. Those rights and obligations are set out as
follows:
1. Contract Objectives
The CITY shall grant to the LESSEE, as an independent contractor, the exclusive
right and the LESSEE shall accept from the CITY the exclusive right to operate
within the designated City facility (hereinafter “Premises”):
A. Kayak lessons, rentals, and tour for the daily use of residents and visitors
to Intracoastal Park.
B. LESSEE shall perform and provide all labor, materials, equipment, and
supplies necessary to perform such services. All materials, equipment
and supplies shall be maintained in accordance with industry standards.
C. LESSEE shall adhere to all other applicable City, county, state, and
federal regulations.
2. Leasehold Premises
CITY agrees to lease to LESSEE a portion of the designated CITY facility located
at the Intracoastal Park and more particularly described, as “The non-motorized
watercraft launch area at the rear of the Park” ("Premises").
3. Term of Lease
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AUGUST 10,
This Lease Agreement has a term of one (1) year, beginning on
2014
unless sooner terminated as otherwise provided in Section 8 of this
Agreement. Upon the mutual consent of the CITY and the LESSEE and a
determination by CITY of adequate performance, and upon the same terms and
conditions, this Agreement may be extended for an additional term of one year.
The extension shall be evidenced by an Extension of Agreement, approved by
the City Commission of CITY, and executed by the parties.
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4. Compensation
monthly$150.00.
The LESSEE agrees to pay the CITY a rental fee of Said
st
payment shall be made in advance and received by the City on or before the 1
day of each and every month. A late fee in an amount of 15% the monthly rate
th
will be charged each month for payments received after the 5 day of each
month. Failure to pay monthly fees in accordance with this section constitutes
grounds for termination of the Lease agreement by CITY.
5. Insurance
A. The LESSEE agrees to indemnify and save harmless the CITY, its agents,
employees, and volunteers from all suits, claims, damages, and actions of
any kind or nature of injury arising out of the acts, omissions and
negligence LESSEE, its agents, servants, employees, contractors and
suppliers, arising out of its operation under this Lease Agreement.
B. The LESSEE shall secure and maintain for the duration of this Lease the
following insurance coverages:
1. Comprehensive general liability in the minimum amount of One
Million ($1,000,000) Dollars per occurrence and One Million
($1,000,000) Dollars aggregate for personal injury; and One Million
($1,000,000) Dollars per occurrence/aggregate for property
damage. The liability policy shall specifically name the City as
additional insured.
2. Property damage to the full insurable value of all property involved
in the Lease Agreement.
3. Workers Compensation Insurance in full compliance with the State
of Florida Workers Compensation Law.
4. Fire, Theft, Vandalism and Extended Coverage in a sufficient
amount to insure LESSEE for such loss to its own equipment and
that of its suppliers which LESSEE shall elect to place or install on
the Premises. Such a policy shall contain standard waiver of
subrogation clause and a certificate of such endorsement shall be
furnished to the CITY.
C. All policies of insurance shall be issued by insurance companies licensed
to do business in the State of Florida and having a Best policy-holder
rating of A or better and a Best financial rating of AA+ or better. All
policies shall contain an endorsement providing the Risk Manager of the
CITY at least thirty (30) days prior written notice in advance of any
material alteration of cancellation of said policies. Certificates of
Insurance shall be provided to the Risk Manager of CITY prior to the
commencement of the term of this Lease Agreement.
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6. General Conditions
A. LESSEE shall pay CITY a security deposit in the amount of Seventy-five
Dollars ($75.00) prior to the effective date of this Lease agreement, which
will be returned to LESSEE at the end of the Lease term, without interest,
upon a determination by the CITY Recreation and Parks Director that
LESSEE fulfilled all terms of the Lease and left the Premises in the same
condition as the Premises were in at the beginning of the Lease term,
normal wear and tear excepted.
B. The LESSEE shall be open for operation Five (5) days per week under the
following schedule: 9:00 A.M. to 6:00 P.M. This schedule shall be strictly
adhered to by LESSEE. Exact times of opening and closing may have
seasonal variations if approved by the City Manager. Hours of operation
shall be consistent and strictly adhered to by LESSEE.
C. Assignment. The LESSEE shall not assign or transfer its rights and
privileges granted under this lease agreement, either in whole or in part,
without first obtaining the written consent of the City Manager.
D. Destruction of Premises. In the event that the concession site is
destroyed or damage by fire or other casualty so as to render untenable,
the Lease Agreement shall be suspended until such time as the premises
are rendered again tenable. If the CITY elects not to render the premises
tenable again, it shall notify the LESSEE and, upon furnishing such notice,
this Lease Agreement shall be terminated.
E. Compliance with Laws. LESSEE shall, in the performance of the services
contemplated in this Agreement, faithfully observe and comply with all
federal, state, and local laws, ordinances, rules, and regulations in any
way applicable to the services to be rendered under this Agreement.
F. Exclusivity. The CITY shall not operate any additional competing
concessions at the Intracoastal Park or at any additional adjacent property
acquired by the CITY without the LESSEE’s approval and without the
LESSEE having the first option as to additional operations.
The CITY reserves the right as themselves or any organization granted
powers as their agent to sell food and beverages for special community
event programs of short duration (one to three days each) as scheduled
by the CITY.
G. Waiver of Damages. The LESSEE hereby expressly waives any and all
claims for compensation for any and all damage sustained by reason of
any defect, deficiency, or impairment of the water supply system, drainage
or heating systems, steam pipes, electrical wires leading to the
concession areas, or by reason of any loss resulting from failure of any
water supply, heat or current which may occur from time to time from any
cause, or for any loss resulting from water; for any loss, damage or claim
resulting from the cancellation, interruption or termination by the CITY for
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any reason of any event scheduled for public or private attendance at the
concession site; and the LESSEE hereby expressly releases and
discharges the CITY and its agents from any and all demands, claims,
action and cause of actions arising from any of the causes aforesaid,
including negligence. The LESSEE shall and hereby does release the
CITY from all liability for the loss or damage of merchandise, goods,
equipment or any other property of whatsoever kind of the LESSEE or any
of his/her suppliers caused by fire, theft, water, storm, windstorm,
vandalism, or any other causes whatsoever, including negligence.
H. Advertising Materials. Signs, advertising materials, posters and other
such material used by the LESSEE, shall be subject to the approval of the
City Manager.
I. The LESSEE shall make every effort to assist the CITY in keeping the
area free from debris and litter, and shall be responsible for keeping the
Premises clean and free from debris and litter.
J. Anti-discrimination Clause. The LESSEE shall not discriminate against
any employee or applicant for employment in the performance of this
Lease Agreement, with respect to hire, tenure, term, condition or
privileges of employment because of race, color, religion, national origin,
ancestry, marital status, sexual orientation, age or disability.
K. Modification and Amendments. No modifications or amendments to this
Lease Agreement shall be valid unless reduced to writing and signed by
both parties.
L. Integration of All Agreements and Understandings. This Lease
Agreement contains the entire agreement between the CITY and
LESSEE. All prior agreements and understandings whether written or
oral are fully abrogated and of no further force and effect from and after
the date of this Lease Agreement.
M. Governing Law. This Lease Agreement under terms, conditions and
covenants contained in is shall be governed and construed in accordance
with the laws of the State of Florida.
N. Litigation. In connection with any litigation arising out of this Lease
Agreement, the prevailing party shall be entitled to recover all costs
incurred, including reasonable attorney’s fees.
O. Independent Contractor. The LESSEE and the CITY agree that the
LESSEE is an independent contractor with respect to the services
provided under this Agreement. Nothing herein shall be considered or
interpreted to create and employer-employee relationship between the
parties to this Lease Agreement. Neither LESSEE nor any employee of
LESSEE 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
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or social security or for contributing to the state industrial insurance
program, otherwise assuming the duties of an employer with respect to
LESSEE, or any employee of LESSEE.
P. Sovereign Immunity. City is a political subdivision of the State of Florida
and enjoys sovereign immunity. Nothing in the Agreement is intended, nor
shall be construed or interpreted, to waive or modify the immunities and
limitations on liability provided for in Section 768.28, Florida Statutes, as
may be amended from time to time, or any successor statute thereof.
7. Financial Operations
A. The LESSEE shall pay promptly all taxes, excise or licensee fees of
whatever nature, applicable to this operation, and take out and keep
current all licenses, municipal, state or federal, required for the conduct of
business, and further, shall not permit any of said taxes, excise or license
fees to become delinquent. The LESSEE shall not permit any mechanics
or materialmens or other lien to be imposed upon the lease property for
any work or labor performed.
B. The LESSEE shall make available, upon request, duplicate receipts or
other satisfactory evidence showing the prompt payment of the social
security, unemployment compensation and all taxes and fees above
referred to, and showing that the said workers compensation insurance
and all required licenses are in good standing. The LESSEE shall pay
promptly when due all bills, debts and obligations incurred in connection
with the operation of the concession and shall not permit same to become
delinquent and suffer no lien, mortgage, judgment, execution or
adjudication in bankruptcy which will in any way impair the rights of the
CITY under this Agreement.
C. The LESSEE shall provide quarterly financial reports to the City Manager,
with a copy to the Director of Recreation and Parks, Wally Majors,
detailing revenue for each three month period.
8. Termination
A. This Lease Agreement may be terminated by either party for convenience
or cause upon thirty (30) days notice such termination to the other party.
Should the Lease Agreement be terminated for cause, the reason(s) for
the lease termination shall be included in the notice. Any termination for
convenience by CITY shall be without liability to CITY.
B. This Lease Agreement may, at the option of the CITY, be terminated
immediately if the LESSEE shall become insolvent or bankrupt, make an
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assignment for the benefit of creditors or be convicted of a crime or any
other similar gross impropriety.
C. A termination of the Lease Agreement for reasons other than expiration of
the term or convenience shall be effected as follows:
1. If conditions are present which are considered by either party to be
cause for termination, written notice shall be provided to the party,
and sufficient period of time shall be given by the CITY to correct
the conditions.
2. If the conditions are not corrected within a reasonable time then this
lease agreement may be terminated for such conditions by giving
thirty (30) days written notice.
3. In the event the LESSEE fails to pay the CITY charges or fees
strictly in accordance with the terms of this Lease Agreement, the
CITY may cancel and terminate this Lease Agreement at any time
upon five (5) days written notice to the LESSEE.
4. If this Lease Agreement is canceled or terminated by the CITY, or if
the CITY shall discontinue its operations, the LESSEE shall pay to
the CITY all sums then due from the LESSEE to the CITY.
D. The acceptance of monies due the CITY for any period or periods after a default of any of
the terms, covenants or conditions of this Lease Agreement shall not deemed a waiver
on the part of the CITY of any part of this Agreement.
E. No waiver or default by the CITY of any of the terms, covenants or
conditions hereof to be performed, kept and observed by the LESSEE,
shall be construed to be or act as a waiver of any subsequent default of
any of the terms, covenants and conditions herein contained to be
performed, kept and observed by the LESSEE.
F. Removal on Termination. On the date of termination hereof, or in case of
the relationship created by the Lease Agreement prior thereto, on written
notice, the LESSEE shall have the right to remove from said Premises all
personal property, fixtures and equipment not a part of the real estate,
installed by it and title to which it retains subject, however, to any valid lien
or claim which the CITY may have for unpaid fees, provided also, that if
said removal causes any damage to the Premises, the LESSEE shall
repair the same in a proper and satisfactory manner at its own expense.
The provision of this paragraph shall not apply to the personal property to
which the CITY has a right to use and purchase pursuant to this Lease
Agreement.
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9. Notice
Wherever either party desires to give notice unto the other, it shall be given by written notice, sent
certified U.S. Mail, return receipt requested, addressed to the party to whom it is intended, at the
places last specified, and the places for giving notice shall remain such until they are changed by
written notice in compliance with this subsection. For the present, the parties designate the
following as the respective places for giving notice, to wit:
FOR CITY:
Lori LaVerriere, City Manager
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33435
Telephone: (561) 742-6013
Facsimile: (561) 742-6011
WITH COPY TO:
James A. Cherof, Esq.
City Attorney
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33435
Telephone: (561) 742-6050
Facsimile: (561) 742-6054
FOR LESSEE:
Dean Ernst, President
Paddle Away Sports.Com, Inc.
4653 Holly Lake Drive
Lake Worth, FL 33461
Telephone: (561) 541-6784
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals this
day of 2014.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
_________________________________
BY:______________________________
JANET PRAINTO, CITY CLERK LORI LAVERRIERE, CITY
MANAGER
APPROVED AS TO FORM
_________________________________
OFFICE OF THE CITY ATTORNEY
LESSEE: Paddleawaysports.com Inc.
_________________________________ By: _____________________________
WITNESS DEAN ERNST, PRESIDENT
_________________________________
WITNESS
Corporate Seal
_________________________________
SECRETARY
STATE OF FLORIDA )
) SS.
COUNTY OF PALM BEACH )
I HEREBY CERTIFY that on this day before me, an officer duly qualified to take
acknowledgements, personally appeared ______________________________, as
___________ of _______________________________, personally known to be the
person described in, or who produced ______________________________ as
identification, and who executed the foregoing and acknowledged before me that (s)he
executed the same.
WITNESS my hand and seal in the County and State aforesaid on this _____ day of
____________, 2014.
___________________________________
My Commission Expires: NOTARY PUBLIC
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6. B
CONSENT AGENDA
August 19, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
th
CMD:
August 19, 2014
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 reduction of the performance bond
EQUESTED CTION BY ITY OMMISSION
#09065362 that was submitted by D.R. Horton, Inc. in the amount of $412,211.80 by the amount
of $391,601.21 for the completion of the paving, grading, and drainage improvements in
association with the Estates of Heritage project.
ER:
The Public Works Department Engineering Division
XPLANATION OF EQUEST
requests approval to reduce performance bond #09065362 by the amount of
$391,601.21 for the completion of the paving, grading, and drainage improvements in
association with the Estates of Heritage project. This will leave the remaining
$20,610.59 (5.0%) to be held by the City for a period of one (1) year from the date of
this approval as the warranty against defect.
D.R. Horton, Inc. submitted a performance bond #09065362 in the amount of
$412,211.80 to insure the completion of the paving, grading, and drainage
improvements to in association with the Estates of Heritage project.
Schnars Engineering Corporation has certified that improvements were done in
accordance with the approved plans.
The Public Works Engineering Division has inspected the improvements and found
them to be consistent with the approved plans.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
None
ISCAL MPACT
A:
None
LTERNATIVES
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6. C
CONSENT AGENDA
August 19, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
8/19/2014
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 # 063-1412-14/MFD to the lowest, most
responsive, responsible bidders meeting all specifications to the following three (3) companies as
a Primary, Secondary and Third vendor: Ferguson Enterprises (Primary), Fortiline (Secondary)
and HD Supply (Third). These items will be ordered on an "AS NEEDED" basis and the
estimated annual expenditure is $65,000.
: O3,2014–O4,2015
CONTRACT PERIODCTOBER CTOBER
ER:
XPLANATION OF EQUEST
On July 16, 2014, Procurement Services opened and tabulated four (4) bids for Brass
Fittings and Accessories. These supplies are used for the repair and maintenance of
the City’s Utility Water System. All bids were reviewed by the Warehouse Manager. It
.
was determined to recommend this award by Primary, Secondary and Third vendors
The award is as follows:
Ferguson Enterprises
Primary Vendor
Items Low
99 out of 123
Fortiline Waterworks
Secondary Vendor
Items Low
11 out of 123
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HD Supply Waterworks
Third Vendor
Items Low
4 out of 123
The Secondary and Third vendors will be utilized when the Primary cannot deliver the
product in a timely manner and/or if the vendors are lower in price on an item than the
Primary.
The Primary vendor (Ferguson) has some items that require a minimum quantity to be
ordered. These quantities are below our normal quantities for orders, so they have no
effect on award.
There were 8 items that were NO BIDS. These items are # 9,10,61,62,63,64,92,93. We
will go out for quotes when these items need to be ordered.
Previous years’ expenditures:
FY 13/14 $64,036.30
FY 12/13 $40,452.03
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
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
502-0000-141-0100 $65,000
A:
LTERNATIVES
Obtain quotes on an “as needed” basis which would not be cost effective.
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The City of
Boynton Beach
Finance Department
WAREHOUSE DIVISION
TO:
Tim Howard, Director of Financial Services
FROM:
Michael Dauta, Warehouse Manager
DATE:
July 30, 2014
SUBJECT:
Brass Bid # 063-1412-14/MFD
I reviewed the tabulation sheet sent from your office. My recommendation is an award based on
Primary, Secondary and Third Vendors.
The Primary vendor was low on 99 out of 123 items. The Secondary vendor was low on 11 out
of 123 items. The Third vendor was low on 4 out of 123 items. The Secondary and Third vendors
will be utilized when the Primary cannot deliver the product in a timely manner and/or if the
vendors are lower in price on an item than the Primary.
The Primary vendor (Ferguson) has some items that require a minimum quantity to be ordered.
These quantities are below our normal quantities for orders, so they have no effect on award.
Last year’s expenditures were $64,036.30. The previous year’s expenditures were $40,452.03.
This year’s expenditures will be an estimated $65,000.
Ferguson
Primary Vendor
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Item(s) #
99 out of 123
Fortiline
Secondary Vendor
Item(s) #
11 out of 123
HD Supply
Third Vendor
Item(s) #
4 out of 123
Municipal
No Award
Item(s) #
1 out of 123
There were 8 items that were NO BIDS. These items are # 9,10,61,62,63,64,92,93. We will go
out for quotes when these items need to be ordered.
In addition, the following vendors included a discount of cost plus % for all items not listed on
the bid.
Ferguson 10%
HD Supply Cost plus 12%
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6. D
CONSENT AGENDA
August 19, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
August 19, 2014
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 # 064-1412-14/MFD to the lowest, most responsive,
responsible bidders meeting all specifications to the following four (4) companies as a Primary,
Secondary and two (2) Third vendors: Ferguson Enterprises (Primary), Fortiline (Secondary),
HD Supply (Third) and Marilfow (Third). These items will be ordered on an "AS NEEDED" basis
and the estimated annual expenditure is $99,000.
: O3,2014–O4,2015
CONTRACT PERIODCTOBER CTOBER
ER:
XPLANATION OF EQUEST
On July 16, 2014, Procurement Services opened and tabulated four (4) bids for Pipe
Fittings and Accessories. These supplies are used for the repair and maintenance of
the City’s Utility Sewer System. All bids were reviewed by the Warehouse Manager. It
.
was determined to recommend this award by Primary, Secondary and Third vendors
The award is as follows:
Ferguson Enterprises
Primary Vendor
Items Low
247 out of 389
Fortiline Waterworks
Secondary Vendor
Items Low
49 out of 389
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HD Supply Waterworks
Third Vendor
Items Low
32 out of 389
Marilfow
Third Vendor
Items Low
35 out of 389
The Secondary and Third vendors will be utilized when the Primary cannot deliver the
product in a timely manner and/or if the vendors are lower in price on an item. They can
also be utilized if the Primary vendor has a minimum quantity per order that cannot be
met.
The two (2) Third vendors were determined due to the fact that Mariflow has a minimum
quantity per item and a minimum dollar amount per order ($500). If a situation occurred
where we would need to order from the Third vendor it would be beneficial to choose
from two vendors. Then make a decision based on price, minimums and availability.
Previous years’ expenditures:
FY 13/14 $104,239.30
FY 12/13 $87,392.95
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
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
502-0000-141-0100 $99,000
A:
LTERNATIVES
Obtain quotes on an “as needed” basis which would not be cost effective.
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The City of
Boynton Beach
Finance Department
WAREHOUSE DIVISION
TO:
Tim Howard, Director of Financial Services
FROM:
Michael Dauta, Warehouse Manager
DATE:
July 31, 2014
SUBJECT:
Pipe Fittings Bid # 064-1412-14/MFD
I reviewed the tabulation sheet sent from your office. My recommendation is an award based on
Primary, Secondary and two (2) Third Vendors.
The Primary vendor was low on 247 out of 389 items. The Secondary vendor was low on 49 out
of 389 items. The first Third vendor was low on 35 out of 389 items. The second Third vendor
was low on 32 out of 389 items. The Secondary and Third vendors will be utilized when the
Primary cannot deliver the product in a timely manner and/or if the vendors are lower in price on
an item. Also, if the Primary vendor has a minimum quantity per order that cannot be met.
The two (2) Third vendors were determined due to the fact that Mariflow has a minimum
quantity per item and a minimum dollar amount per order ($500). If a situation occurred where
we would need to order from the Third vendor it would be beneficial to choose from two vendors
and make a decision based on price, minimums and availability.
Last year’s expenditures were $104,239.30. The previous year was $87,392.95. This year’s
expenditures will be an estimated $99,000.
Ferguson
Primary Vendor
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Item(s) #
247 out of 389
Fortiline
Secondary Vendor
Item(s) #
49 out of 389
HD Supply
Third Vendor
Item(s) #
32 out of 389
Mariflow
Third Vendor
Item(s) #
35 out of 389
There were 27 items that were NO BIDS.
These items are #
20,116,142,143,144,145,254,263,264,266,273,274,275,366,367,368,369,370,371,372,373374,37
5,376,377,378,379.
We will go out for quotes when these items need to be ordered.
In addition, the following vendors included a discount of % off list/cost plus for all items not
listed on the bid.
Ferguson 10%
HD Supply Cost plus 12%
Mariflow 10%
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6. E
CONSENT AGENDA
August 19, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
August 19, 2014
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 written report to the Commission for
EQUESTED CTION BY ITY OMMISSION
purchases over $10,000 for the month of July 2014.
ER:
Per Ordinance No.01-66, Chapter 2, Section 2-56.1
XPLANATION OF EQUEST
Exceptions to competitive bidding, Paragraph b, which states: “Further, the City
Manager, or in the City Manager’s absence, the Acting City Manager is authorized to
execute a purchase order on behalf of the City for such purchases under the $25,000
bid threshold for personal property, commodities, and services, or $75,000 for
construction. The City Manager shall file a written report with the City Commission at
the second Commission meeting of each month listing the purchase orders approved by
the City Manager, or Acting City Manager. Below is a list of the purchases for July
2014:
Purchase Order Vendor Amount
141159 Nova Engineering & Environmental $ 23,800.00
141168 Fisher Safety $ 10,268.10
141191 Boynton Botanicals $ 12,692.45
141206 CRS Max Consultants, Inc. $ 23,000.00
141220 Stokes Mechanical Contractor $ 35,000.00
H?
Ordinance No.01-66, Chapter 2,
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Section 2-56.1 assists departments in timely procurement of commodities, services, and
personal property. Administrative controls are in place with the development of a
special processing form titled “Request for Purchases over $10,000” and each purchase
request is reviewed and approved by the Department Director, Finance Department,
and City Manager.
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FI:
This Ordinance provides the impact of reducing paperwork by
ISCAL MPACT
streamlining processes within the organization. This allows administration to maintain
internal controls for these purchases, reduce the administrative overhead of processing
for approval, and allow for making more timely purchases.
A:
None
LTERNATIVES
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6. F
CONSENT AGENDA
August 19, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
August 19, 2014
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 extension for RFPs/Bids
EQUESTED CTION BY ITY OMMISSION
and/ or piggy-backs for the procurement of services and/or commodities as described in the
written report for August 19, 2014 - "Request for Extensions and/or Piggybacks".
ER:
XPLANATION OF EQUEST
As required, the Finance/Procurement Department submits requests for award to the
Commission; requests for approval to enter into contracts and agreements as the result
of bid solicitations; and to piggy-back governmental contracts. Options to extend or
renew are noted in the “Agenda Request Item” presented to Commission as part of the
initial approval process. Procurement seeks to provide an accurate and efficient
method to keep the Commission informed of pending renewals and the anticipated
expenditure by reducing the paperwork of processing each renewal and/or extension
individually and summarizing the information in a monthly report (as required).
VENDOR(S) COMMODITY/SERVICE BID NUMBER RENEWAL TERM
Clean Harbors Emergency Response USCG BOA HSCB84-July 1, 2014 to
Environmental Svc. Services 09-A-100113 June 30, 2015
Penn Credit Debt Collection City of Lakeland, RFP October 17, 2014 to
Corporation Services No. 1202 October 16, 2015
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H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
This renewal report will be used for those bids, contracts/agreements and piggy-backs
that are renewed/extended with the same terms and conditions and pricing as the initial
award.
FI:
Funds have been budgeted under line items as noted on the attached
ISCAL MPACT
report.
A:
Not approve renewals and require new bids to be issued.
LTERNATIVES
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CITY OF BOYNTON BEACH
REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS
August 19, 2014
REQUESTING DEPARTMENT: Utilities
DEPARTMENT CONTACT: Karen Riseley
TERM: July 1, 2014 to June 30, 2015
SOURCE FOR PURCHASE: Piggy-back Basic Ordering Agreement between Clean Harbors Environmental Services
and the U.S. Coast Guard – (BOA) HSCB84-09-A-100113
ACCOUNT NUMBER: Assigned by Department(s).
VENDOR(S): Clean Harbors Environmental Services
ANNUAL EXPENDITURE: As Needed.
DESCRIPTION OF BID EXTENSION: The City piggy-backs a contract agreement between Clean Harbors
Environmental Services and the U.S. Coast Guard for emergency response support in the event of a major
wastewater spill, or other environmental clean-ups. This agreement remains in force until terminated by either
party with thirty days’ notice. Clean Harbors has agreed to extend the agreement between the City of Boynton
Beach and Clean Harbors Environmental Services for another year.
REQUESTING DEPARTMENT: Finance
DEPARTMENT CONTACT: Sue Moroney
TERM: October 17, 2014 to October 16, 2015
SOURCE FOR PURCHASE: Contract between the City of Boynton Beach and Penn Credit Corporation based on
Agreement with the City of Lakeland (RFP #1202)
ACCOUNT NUMBER: Assigned by Department(s).
VENDOR(S): Penn Credit Corporation
DESCRIPTION OF BID EXTENSION:
At the Commission Meeting of December 18, 2012, Commission authorized the Mayor to sign an Agreement with
Penn Credit Corporation based on a City of Lakeland Contract with Penn Credit Corporation for Collection Services
on delinquent utilities and miscellaneous receivable accounts as a result of RFP #1202.
This contract automatically renews each year unless vendor and/or City of Lakeland choose not to renew. Penn
Credit and the City of Lakeland have agreed to continue the contract for another year.
REQUESTING DEPARTMENT:
DEPARTMENT CONTACT:
TERM:
SOURCE FOR PURCHASE:
ACCOUNT NUMBER:
VENDOR(S):
ANNUAL EXPENDITURE:
DESCRIPTION OF BID EXTENSION:
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6. G
CONSENT AGENDA
August 19, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
August 19, 2014
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 bid for "The Replacement of Three Air
EQUESTED CTION BY ITY OMMISSION
Conditioning Systems at the Intracoastal Clubhouse" to Cedars Electro-Mechanical, Inc. of Lake
Worth, Florida in the amount of $47,537.00.
ER:
XPLANATION OF EQUEST
On August 5, 2014, Procurement Services opened three (3) bids in response to an
Invitation to Bid for “The Replacement of Three Air A/C Systems for the Intracoastal
Park Clubhouse”, Bid No. 061-2730-14/JMA. The Bid was issued to solicit proposals for
the removal and replacement of three existing Trane A/C systems. The existing
systems have been malfunctioning due to age, and because of the location on the
Intracoastal Waterway, exposure to the salt air. A site inspection was a mandatory
requirement for this bid. One of the three bids was declared non-responsive for not
using the mandatory bid forms and not providing a bid bond. Engineering and Facilities
staff reviewed the bids and recommends award to Cedars Electro-Mechanical, Inc. as
the lowest, most responsive, responsible bidder capable of performing the required
work.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Mechanical systems for City buildings must be repaired and replaced due to age, use
and climate factors. The Intracoastal Park Clubhouse is available for rental, and
services the public for recreational and private events and the air conditioning must be
functioning and reliable.
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FI:
This project was scheduled for FY15/16 but needs to be replaced at the
ISCAL MPACT
present time. The General CIP will be amended to add Project RP1422 and the funding
of $47,537.00 is available in account 302-4101-580-62-01 to be transferred to CIP
account 302-4223-572-62-01, project number RP1422.
A:
LTERNATIVES
Reject all bids and re-issue a new bid.
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6. H
CONSENT AGENDA
August 19, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
August 19, 2014
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 August 5, 2014
The City Commission met on August 5, 2014 and minutes were prepared from the notes
taken at the meetings. 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
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7. A
BIDS AND PURCHASES OVER $100,000
August 19, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
August 19, 2014
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 employee group benefits insurance
EQUESTED CTION BY ITY OMMISSION
programs for fiscal year 2014-2015 and authorize City Manager to execute required documents
for the following policies per the Request for Proposal for "Fully Insured: Group Medical, Dental,
Life, and Long Term Disability Insurance" RFP No. 048-1610-14/JMA:
(1) PROPOSED RESOLUTION NO. R14-072 - Approve and authorize the City Manager to
execute an agreement with CIGNA Healthcare for City's Group Medical Insurance for the plan
year October 1, 2014 thru September 30, 2015;
(2) PROPOSED RESOLUTION NO. R14-073 - Approve and authorize the City Manager to
execute an agreement with CIGNA Healthcare for City's "Fully Insured Dental Plan" for the plan
year October 1, 2014 thru September 30, 2015;
(3) PROPOSED RESOLUTION NO. R14-074 - Approve and authorize the City Manager to
execute required documents with The Hartford Group for the City's "Life and Accidental Death &
Dismemberment and Group Long Term Disability Insurance Plans" for the contract term October
1, 2014 thru September 30, 2017.
ER:
XPLANATION OF EQUEST
On June 17, 2014, the City received and opened seventeen (17) responses to RFP No.
048-1610-14/JMA for “Fully Insured: Group Medical, Dental, Life & accidental death and
dismemberment (AD&D), and Long Term Disability (LTD) Insurance”. The Evaluation
Committee was comprised of The Gehring Group, the City’s Benefits Consultant; Julie
Oldbury, Human Resources/Risk Director; Pat Sholos, Benefits Administrator; and Pam
Webb, Risk Administrator. The review committee evaluated responses and selected for
recommendation the carriers below for the following group employee benefits:
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(1) Medical – Cigna (2 plan offerings)
(2) Dental – Cigna
(3) Life and AD&D and Long Term Disability – The Hartford
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
(1) Medical
:
Staff recommends offering two plan options for medical insurance. For the first option,
staff is recommending minor plan changes to our existing plan, which will decrease our
renewal rate from 6.08% to 0.0%. The modifications to the existing plan are as follows:
Category Current Recommended
Single in-network deductible: $ 100.00 $ 125.00
Single out-of-network deductible: $ 400.00 $ 450.00
Single out-of-pocket maximum: $2,500.00 $3,000.00
Family out-of-pocket maximum: $5,000.00 $6,000.00
Specialist/Initial maternity/mental health visit: $ 30.00 $ 35.00
Advanced imaging: $ 50.00 $ 75.00
Outpatient hospital: $ 100.00 $ 125.00
Formulary prescription: $ 25.00 $ 30.00
Non-formulary prescription: $ 50.00 $ 60.00
The monthly premiums for this plan option are as follows for the time period October 1,
2014 thru September 30, 2015:
Category Monthly Billing Premium Employee Monthly Cost
Employee Only $ 732.62 $ 0.00
Employee & Spouse $1,421.28 $ 688.85
Employee & Child(ren) $1,318.72 $ 586.08
Family $1,633.74 $ 901.12
These monthly premiums are the same as FY13/14, the City and employee will not
see an increase in the monthly premium.
This year, staff is recommending a second option for medical by introducing a “high
deductible health plan,” which is a qualified plan allowing for a health savings account
“HSA.” This plan requires employees to meet a contract year deductible prior to a 20%
co-insurance payment. The deductible for employee only coverage is $3,000.00, while
the deductible for family coverage is $6,000.00. As there is a shift in financial
responsibility to the consumer (employee) on this type of plan, there is a lower monthly
premium.
The monthly premiums for the high deductible health plan option are as follows:
Category Monthly Billing Premium Employee Monthly Cost
Employee Only $ 658.94 $ 0.00
Employee & Spouse $1,278.35 $ 619.41
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Employee & Child(ren) $1,186.09 $ 527.15
Family $1,469.44 $ 810.50
For employees who wish to enroll in this plan option, the City will contribute $75.00 per
month ($900.00 per year) into the employee’s Health Savings Account.
(2)Dental:
Staff recommends switching from our current dental carrier (MetLife) whose renewal
rate was a 16.4% increase to CIGNA who will offer the same coverage for a 2.1%
decrease in premium.
Current monthly premiums with MetLife:
Category Monthly Billing Premium Employee Monthly Cost
Employee Only $ 29.48 $ 0.00
Family $ 82.45 $ 52.97
Proposed monthly premiums for the dental plan with CIGNA are as follows for period of
time October 1, 2014 thru September 30, 2015:
Category Monthly Billing Premium Employee Monthly Cost
Employee Only $ 28.86 $ 0.00
Family $ 80.72 $ 51.86
(3) Life and Accidental Death & Dismemberment (AD&D) and Long Term Disability
(LTD):
Staff recommends keeping this coverage with the same carrier, The Hartford, who
offered the same plan options at a zero percent (0%) increase and a rate guarantee for
three (3) years for the time period October 1, 2014 – September 30, 2017.
FI:
ISCAL MPACT
The fiscal impact for FY 2014-2015 is as follows for each of the employee group
insurance benefits:
(1) Medical – 0% (no impact over FY 2013-2014)
(2) Dental – 2.1% savings over FY 2013-2014
(3) Life and AD&D – 0% (no impact over FY 2013-2014)
(4) Long Term Disability – 0% (no impact over FY 2013-2014)
A:
LTERNATIVES
1. Select alternate plan options that may result in less favorable benefits and limited
network access or increased cost to the City and employees.
2. Reject all plans.
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RESOLUTION NO. R14-072
A RESOLUTION OF THE CITY COMMISSION OF
BOYNTON BEACH, FLORIDA, APPROVING AN
AGREEMENT WITH CIGNA HEALTHCARE
CORPORATION FOR GROUP HEALTH INSURANCE
FROM OCTOBER 1, 2014 THROUGH SEPTEMBER 30,
2015; AUTHORIZING THE CITY MANAGER AND CITY
CLERK TO EXECUTE THE PROVIDER AGREEMENT
AND PROVIDING AN EFFECTIVE DATE
.
WHEREAS
, the City Commission of the City of Boynton Beach, upon recommendation
of staff, deems it to be in the best interests of City employees to approve a one (1) year Provider
Agreement with CIGNA HealthCare for the medical insurance plan for a term commencing
October 1, 2014 to September 30, 2015, for city employees.
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 approves an
Agreement with CIGNA HealthCare for the medical insurance plan for City employees for a one
year term commencing October 1, 2014 to September 30, 2015, a copy of which is attached
hereto as Exhibit “A”.
Section 3. The City Manager and City Clerk are authorized to execute the Provider
Agreement with CIGNA HealthCare.
Section 4. That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED
this _____ day of August, 2014.
CITY OF BOYNTON BEACH, FLORIDA
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______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Joe Casello
______________________________
Commissioner – David T. Merker
_______________________________
Commissioner – Mack McCray
_______________________________
Commissioner – Michael M. Fitzpatrick
ATTEST:
_________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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PROVIDER AGREEMENT FOR
“GROUP BENEFITS: MEDICAL COVERAGE FULLY INSURED PLAN”
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
_CIGNA HealthCare________________
as “the City”, and , hereinafter referred to as “the
Provider”, in consideration of the mutual benefits, terms, and conditions hereinafter specified.
PROVIDER
1.PROJECT DESIGNATION. The Provider is retained by the City to perform
SERVICES FOR CITY’S MEDICAL INSURANCE PLAN
in connection with the project
designated.
2.SCOPE OF SERVICES. Provider agrees to perform the services, identified on Exhibit “A”
attached hereto and incorporated herein by reference, including the provision of all labor,
materials, equipment and supplies. Also to incorporate information outlined in Letter of
Intent dated August 12, 2014 included in Exhibit “A”. No additional modifications other
than those described in the attachment will be made to the original scope of work without the
written approval of the City Manager or his designee.
3.TIME FOR PERFORMANCE. Work under this agreement shall commence upon the giving
of written notice by the City to the Provider to proceed. Provider shall perform all services
and provide all work product required pursuant to this agreement.
4.TERM: October 1, 2014 through September 30, 2015.
5.PAYMENT. The Consultant shall be paid by the Provider/City for completed work and for
services rendered under this agreement as follows:
Monthly basis per eligible employee and dependent for medical coverage invoiced by
Provider.
6.COMPLIANCE WITH LAWS. Provider 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. Provider shall indemnify, defend and hold harmless the City, its
offices, agents and employees, from and against any and all claims, losses or liability, or any
portion thereof, including attorneys fees and costs, arising from injury or death to persons,
including injuries, sickness, disease or death to Provider’s own employees, or damage to
property occasioned by a negligent act, omission or failure of the Provider.
8.INSURANCE. The Provider shall secure and maintain in force throughout the duration of
this contract comprehensive general liability insurance with a minimum coverage of
$1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of $1,000,000 per occurrence to 2 million aggregate with defense costs in addition to limits.
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Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by this
section shall be delivered to the City within fifteen (15) days of execution of this agreement.
9.INDEPENDENT CONTRACTOR. The Provider and the City agree that the Provider 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 Provider nor any employee of Provider 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 Provider, or any
employee of Provider.
10.COVENANT AGAINST CONTINGENT FEES. The Provider warrants that he has not
employed or retained any company or person, other than a bonafide employee working solely
for the Provider, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for the Provider, 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 Provider, 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 Provider shall not sublet or assign any of the services covered by this
Agreement without the express 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 Provider.
b..In the event of the death of a member, partner or officer of the Provider, or any of its
supervisory personnel assigned to the project, the surviving members of the Provider
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 Provider and the City, if the City so chooses.
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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: Patricia Sholos
Notices to Provider shall be sent to the following address:
CIGNA HealthCare
1571 Sawgrass Corporate Parkway
Suite 140
Sunrise, FL 33323
ATTN: Dina D’Angelo
17. PUBLIC RECORDS. 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. Specifically, the Contractor shall:
1.Keep and maintain public records that ordinarily and necessarily would be
required by the City in order to perform the service;
2.Provide the public with access to such 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, Florida Statute, or as otherwise provided
by law;
3.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
4.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
systems of the agency.
The failure of Contractor to comply with the provisions set forth in this Article shall
constitute a Default and Breach of this Agreement and the City shall enforce the
Default in accordance with the provisions set forth in item 14.
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18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Provider 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 Provider.
DATED this _____ day of ________________________________________, 20____.
CITY OF BOYNTON BEACH
_________________________________ __________________________________
Interim City Manager Provider
Attest/Authenticated: __________________________________
Title
_________________________________ (Corporate Seal)
City Clerk
Approved as to Form: Attest/Authenticated:
_________________________________ __________________________________
Office of the City Attorney Secretary
Rev. 1/22/91
“EXHIBIT A”
SCOPE OF SERVICES
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RESOLUTION NO. R14-073
A RESOLUTION OF THE CITY COMMISSION OF
BOYNTON BEACH, FLORIDA, APPROVING AN
AGREEMENT WITH CIGNA HEALTHCARE
CORPORATION FOR A FULLY INSURED DENTAL PLAN
FOR CITY EMPLOYEES FROM OCTOBER 1, 2014
THROUGH SEPTEMBER 30, 2015; AUTHORIZING THE
CITY MANAGER AND CITY CLERK TO EXECUTE THE
PROVIDER AGREEMENT AND PROVIDING AN
EFFECTIVE DATE
.
WHEREAS
, the City Commission of the City of Boynton Beach, upon recommendation
of staff, deems it to be in the best interests of the employees of the City of Boynton Beach to
approve a one (1) year Provider Agreement with CIGNA HealthCare for the a fully insured
dental plan for a term commencing October 1, 2014 to September 30, 2015, for City employees.
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 approves an
Agreement with CIGNA HealthCare for a fully insured dental plan for City employees for a one
year term commencing October 1, 2014 to September 30, 2015, a copy of which is attached
hereto as Exhibit “A”.
Section 3. The City Manager and City Clerk are authorized to execute the Provider
Agreement with CIGNA HealthCare.
Section 4. That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED
this _____ day of August, 2014.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
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Mayor – Jerry Taylor
______________________________
Vice Mayor – Joe Casello
______________________________
Commissioner – David T. Merker
_______________________________
Commissioner – Mack McCray
_______________________________
Commissioner – Michael M. Fitzpatrick
ATTEST:
_________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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PROVIDER AGREEMENT FOR
GROUP BENEFITS: FULLY INSURED DENTAL PLAN
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
_CIGNA HealthCare________________
as “the City”, and , hereinafter referred to as “the
Provider”, in consideration of the mutual benefits, terms, and conditions hereinafter specified.
FULLY
12.PROJECT DESIGNATION. The Provider is retained by the City to provide a
INSURED DENTAL PLAN
for the City of Boynton Beach.
13.SCOPE OF SERVICES. Provider agrees to perform the services, identified on Exhibit “A”
attached hereto and incorporated herein by reference, including the provision of all labor,
materials, equipment and supplies. Including information contained in Letter of Intent dated
August 12l, 2014. No modifications will be made to the original scope of work without the
written approval of the City Manager or his designee.
14.TIME FOR PERFORMANCE. Work under this agreement shall commence upon the giving
of written notice by the City to the Provider to proceed. Provider shall perform all services
and provide all work product required pursuant to this agreement for the period beginning
October 1, 2014 thru September 30, 2015, unless an extension of such time is granted in
writing by the City.
15.TERM: This Agreement shall be for a period of one (1) year commencing on October 1,
2014 thru September 30, 2015. This AGREEMENT allows for three (3) additional one (1)
year extensions at the same terms, conditions, and agreeable prices subject to the Company
acceptance, satisfactory performance and determination that the renewal is in the best interest
of the City.
16.PAYMENT. The Provider shall be paid by the City for services rendered under this
agreement as follows:
a. The monthly premium based on number of enrollees for the City’s FULLY INSURED
DENTAL PLAN , as referred to herein, for services provided under this agreement for the
entire term of the Agreement
b. The Provider’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.
17.OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Provider 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 Provider shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
Provider’s endeavors.
18.COMPLIANCE WITH LAWS. Provider 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.
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19.INDEMNIFICATION. Provider shall indemnify, defend and hold harmless the City, its
offices, agents and employees, from and against any and all claims, losses or liability, or any
portion thereof, including attorneys fees and costs, arising from injury or death to persons,
including injuries, sickness, disease or death to Provider’s own employees, or damage to
property occasioned by a negligent act, omission or failure of the Provider.
20.INSURANCE. The Provider shall secure and maintain in force throughout the duration of
this contract comprehensive general liability insurance with a minimum coverage of
$1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of $1,000,000 per occurrence to 2 million aggregate with defense costs in addition to limits.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by this
section shall be delivered to the City within fifteen (15) days of execution of this agreement.
21.INDEPENDENT CONTRACTOR. The Provider and the City agree that the Provider 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 Provider nor any employee of Provider 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 Provider, or any
employee of Provider.
22.COVENANT AGAINST CONTINGENT FEES. The Provider warrants that he has not
employed or retained any company or person, other than a bona-fide employee working
solely for the Provider, 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
Provider, 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.
23.DISCRIMINATION PROHIBITED. The Provider, 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.
24.ASSIGNMENT. The Provider shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
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14. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other provision.
15. TERMINATION.
a. The City reserves the right to terminate this Agreement at any time by giving thirty
(30) days written notice to the Provider.
16. 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.
17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, FL 33425-0310
ATTN: Pat Sholos
Notices to Provider shall be sent to the following address:
CIGNA HealthCare
1571 Sawgrass Corporate Parkway
Suite 140
Sunrise, FL 33323
ATTN: Dina D’Angelo
18. PUBLIC RECORDS. 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.
Specifically, the Contractor shall:
5.Keep and maintain public records that ordinarily and necessarily would be
required by the City in order to perform the service;
6.Provide the public with access to such 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, Florida Statute, or as otherwise provided
by law;
7.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
8.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
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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
systems of the agency.
The failure of Contractor to comply with the provisions set forth in this Article shall
constitute a Default and Breach of this Agreement and the City shall enforce the
Default in accordance with the provisions set forth in item 15.
19. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Provider 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 Provider.
DATED this _____ day of ________________________________________, 20____.
CITY OF BOYNTON BEACH
_________________________________ __________________________________
City Manager Provider
Attest/Authenticated: __________________________________
Title
_________________________________ (Corporate Seal)
City Clerk
Approved as to Form: Attest/Authenticated:
_________________________________ __________________________________
Office of the City Attorney Secretary
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EXHIBIT “A”
Scope of Services
See attached Renewal Letter dated May 9, 2013 from MetLife.
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RESOLUTION NO. R14-074
A RESOLUTION OF THE CITY COMMISSION OF
BOYNTON BEACH, FLORIDA, APPROVING AN
AGREEMENT WITH THE HARTFORD GROUP FOR LIFE
AND ACCIDENTAL DEATH & DISMEMBERMENT AND
GROUP LONG TERM DISABILITY INSURANCE FROM
OCTOBER 1, 2014 THROUGH SEPTEMBER 30, 2017;
AUTHORIZING THE CITY MANAGER AND CITY CLERK
TO EXECUTE THE PROVIDER AGREEMENT AND
PROVIDING AN EFFECTIVE DATE
.
WHEREAS
, the City Commission of the City of Boynton Beach, upon recommendation
of staff, deems it to be in the best interests of the employees of the City of Boynton Beach to
approve an Agreement with The Hartford Group for “Life and Accidental Death &
Dismemberment and Group Long Term Disability Insurance Plans” for a term beginning
October 1, 2014 and ending September 30, 2017.
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 hereby
approves an Agreement with The Hartford Group for “Life and Accidental Death &
Dismemberment and Group Long Term Disability Insurance Plans” for a term beginning
October 1, 2014 and ending September 30, 2017, a copy of which is attached hereto as Exhibit
“A”.
Section 3. The City Manager and City Clerk are authorized to execute the
Agreement.
Section 4. That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED
this _____ day of August, 2014.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
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Mayor – Jerry Taylor
______________________________
Vice Mayor – Joe Casello
______________________________
Commissioner – David T. Merker
_______________________________
Commissioner – Mack McCray
_______________________________
Commissioner – Michael M. Fitzpatrick
ATTEST:
_________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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PROVIDER AGREEMENT
FOR A
“THREE YEAR CONTRACT FOR LIFE AND DISABILITY INSURANCE PLANS
FOR THE EMPLOYEES OF THE CITY OF BOYNTON BEACH”
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY
as “the City”, and, hereinafter
referred to as “the Consultant or Company”, in consideration of the mutual benefits, terms, and
conditions hereinafter specified.
25. SERVICES DESIGNATED. The Consultant is retained by the City to perform insurance
”RFP FOR FULLY INSURED:
carrier services in connection with the project designated
GROUP MEDICAL, DENTAL, LIFE, AND LONG TERM DISABILITY INSURANCE” RFP
-
No.: 048-1610-14/JMA.
26. SCOPE OF SERVICES. Consultant agrees to perform the services referred to in letter
dated August 11, 2014 referencing The City of Boynton Beach Policy #677559G, identified
on Exhibit “A” attached hereto, including the provision of all labor, materials, equipment and
supplies.
27. TIME FOR PERFORMANCE. Work under this agreement shall commence upon the giving
of written notice by the City to the Consultant to proceed. Consultant shall perform all
October 1,
services and provide all work product required during the agreement period of
2014 to September 30, 2017
unless an extension of such time is granted in writing by the
City. This AGREEMENT allows for one (1) additional one (1) year extension at the same
terms, conditions, and agreeable prices subject to the Company acceptance, satisfactory
performance and determination that the renewal is in the best interest of the City.
28. PAYMENT. The Consultant shall be paid by the City for completed work and for services
rendered under this agreement as follows:
a. Payment for the work provided by Company shall be paid on a monthly basis,
determined by the number of full time employees in this program during this period.
b. The Company may submit invoices to the City once per month. Such invoices will be
checked by the City, and upon approval thereof, payment will be made to the Carrier in
the amount approved.
c. Final payment of any balance due the Company of the total premiums earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this agreement and its acceptance by the City.
d. Payment as provided in this section shall be full compensation for work performed,
services rendered and for all materials, supplies, equipment and incidentals necessary
to complete the work.
e. The Company’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 final payments. Copies shall be made available upon request.
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29. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Company 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 Company shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
Company’s endeavors.
30. COMPLIANCE WITH LAWS. Company shall in performing the services contemplated by
this service agreement, faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
agreement.
31. INDEMNIFICATION. Company shall indemnify, defend and hold harmless the City, its
offices, agents and employees, from and against any and all claims, losses or liability, or
any portion thereof, including attorneys fees and costs, arising from injury or death to
persons, including injuries, sickness, disease or death to Company’s own employees, or
damage to property occasioned by a negligent act, omission or failure of the Company.
32. INSURANCE. The Company shall secure and maintain in force throughout the duration of
this contract comprehensive general liability insurance with a minimum coverage of
$1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000
per occurrence/aggregate for property damage, and professional liability insurance in the
amount of $1,000,000.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon thirty
(30) days prior written notice to the City. Certificates of coverage as required by this section
shall be delivered to the City within fifteen (15) days of execution of this agreement.
33. INDEPENDENT CONTRACTOR. The Company and the City agree that the Company 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 Company nor any employee of Company
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 Company,
or any employee of Company.
34. COVENANT AGAINST CONTINGENT FEES. The Company warrants that he has not
employed or retained any company or person, other than a bona fide employee working
solely for the Company, to solicit or secure this agreement, and that he has not paid or
agreed to pay any company or person, other than a bona fide employee working solely for
the Company, any fee, commission, percentage, brokerage fee, gifts, or any other
consideration contingent upon or resulting from the award or making of this agreement. For
breach or violation of this warranty, the City shall have the right to annul this agreement
without liability or, in its discretion to deduct from the agreement price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift,
or contingent fee.
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35. DISCRIMINATION PROHIBITED. The Company, 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.
36. ASSIGNMENT. The Company shall not sublet or assign any of the services covered by this
agreement without the express written consent of the City.
37. 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.
38. TERMINATION.
a. The City reserves the right to terminate this agreement at any time by giving ten (10)
days written notice to the Company.
b. In the event of the death of a member, partner or officer of the Company, or any of its
supervisory personnel assigned to the project, the surviving members of the Company
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 Company and the City, if the City so chooses.
39. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the courts of Florida. Further, this agreement shall be construed under
Florida Law.
40. 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: Julie Oldbury , Human Resources Director
Notices to the Carrier shall be sent to the following address:
The Hartford
4830 West Kennedy Blvd
Tampa, FL 33609
Attn: Denise Clayton, Account Manager
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INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Company 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 Company.
DATED this _____ day of ________________________________________, 20____.
CITY OF BOYNTON BEACH:
_________________________________ __________________________________
City Manager Company
Attest/Authenticated: __________________________________
Title
_________________________________ (Corporate Seal)
City Clerk
Approved as to Form: Attest/Authenticated:
_________________________________ __________________________________
Office of the City Attorney Secretary
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EXHIBIT 1
PREMIUM QUOTATION BASIC & OPTIONAL LIFE
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EXHIBIT 2
PREMIUM QUOTATION LONG TERM DISABILITY (LTD) INSURANCE
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9. A
PUBLIC HEARING
August 19, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
August 19, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
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DMINISTRATIVEEW USINESS
AI
GENDA TEM
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO. 14-013 - FIRST
EQUESTED CTION BY ITY OMMISSION
READING - PUBLIC HEARING - Approve High Ridge Landing PUD rezoning (REZN 14-002)
from a PUD (Planned Unit Development) with the Master Plan for 110 single-family homes, to a
PUD to be combined with adjacent property to the north, establishing a Master Plan consisting of
184 apartments, the Imagine Charter School and athletic fields, located at the NW corner of High
Ridge Road and Miner Road. Applicant: Ron Roan, High Ridge Housing, LLC.
PROPOSED ORDINANCE NO. 14-014 - FIRST READING - PUBLIC HEARING - Approve
High Ridge Landing PUD rezoning (REZN 14-002) from R-2 (Single and Two-Family Residential
District) to a PUD to be combined with adjacent property to the south establishing a new Master
Plan consisting of 184 apartments, the Imagine Charter School and athletic fields, located at the
NW corner of High Ridge Road and Minor Road. Applicant: Ron Roan, High Ridge Housing,
LLC.
NOTE: THE SECOND AND FINAL PUBLIC HEARING OF THESE ORDINANCES WILL BE
SEPTEMBER 3, 2014.
ER:
The proposed rezoning would recreate a PUD (Planned Unit
XPLANATION OF EQUEST
Development) zoning originally placed on the subject property in 2005, after it was
annexed to the City. The PUD was initially approved for 174 units (48 single family
homes and 126 townhomes), then modified in 2007 to include 110 single-family homes.
However, the prolonged economic downturn thwarted project construction.
In 2009, the subject property was split in two after the owner sold a 4.22-acre parcel at
the northern portion of the site for development of a charter school. The school’s part of
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the property was rezoned from PUD to R-2 (Single-and Two Family Residential District),
since schools were not allowed in PUD until 2012, when the LDR regulations were
amended. In 2013, the owner sold another 5.31 acre part of the property for a future
school recreational area. The request, if approved, would reunite the three properties
under the PUD zoning with a new master plan which would include a multifamily
residential component with 184 apartments and the existing school with the soon-to-be
developed athletic field.
The proposed master plan represents relatively little change from the first master plan
approved for the property (184 units as compared to 174 units). The property’s future
land use classification is Medium Density Residential, which allows for the requested
number of units. The type of units—rental apartments—reflects a strong market
demand. Moreover, given the proximity of the school, many alternative uses for the
property (particularly the previously proposed industrial use) could create compatibility
issues.
The proposed rezoning is compatible with the current and future use of adjacent and
nearby properties: there is a considerable diversity of land uses in proximity of the
subject property, from residential uses of various types and densities to institutional and
industrial uses. In addition to proximity of the school, and industrial and commercial
uses as employment centers, the project is located within ½ mile from the regional
transit network of Tri-Rail, giving future residents convenient access to the three-county
labor market.
The Planning and Development Board recommended denial of the subject request on
July 22, 2014.
H?
No impact on City programs or
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
services.
FI:
The project would generate approximately $160,000 of annual
ISCAL MPACT
revenues in ad valorem taxes and fire assessment. The estimate of total annual fees for
water, sewer, and stormwater is $58,800. The necessary services can be provided
within the existing capacity of the respective city departments: no additional capital
outlays or increased staffing would be required.
The park impact fee will be $109,480.
A:
None recommended
LTERNATIVES
322 of 579
ORDINANCE NO. 14-013
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
REGARDING THE APPLICATION OF RON ROAN OF HIGH RIDGE
HOUSING, LLC., TO REZONE A PARCEL OF LAND LOCATED ON
THE NORTHWEST CORNER OF HIGH RIDGE ROAD AND MINER
ROAD, AS MORE FULLY DESCRIBED HEREIN, FROM PLANNED
UNIT DEVELOPMENT (PUD) WITH MASTER PLAN FOR 110
SINGLE FAMILY HOMES TO PLANNED UNIT DEVELOPMENT
(PUD) WITH MASTER PLAN FOR 184 APARTMENTS, IMAGINE
CHARTER SCHOOL AND ATHLETIC FIELDS; PROVIDING FOR
CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE
.
WHEREAS,
the City Commission of the City of Boynton Beach, Florida has adopted a
Revised Zoning Map for said City; and
WHEREAS,
Ron Roan has filed a petition on behalf of the owners, High Ridge Housing,
LLC., to rezone a parcel of land more particularly described hereinafter; and
WHEREAS,
the City Commission, following required notice, conducted a public hearing
to consider the rezoning and heard testimony and received evidence which the Commission finds
supports a rezoning for the property hereinafter described; and
WHEREAS
, the City Commission finds that the proposed rezoning is consistent with the
Land Use described in the City’s Comprehensive Plan; and
WHEREAS,
the City Commission deems it in the best interests of the inhabitants of said
City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
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 following described land located on the Northwest corner of High
Ridge Road and Miner Road, as more fully described herein, is hereby rezoned from Planned Unit
Development (PUD) with a Master Plan for 110 single-family homes to Planned Unit
323 of 579
Development (PUD) with a Master Plan for 184 apartments, the Imagine Charter School and
athletic fields:
LEGAL DESCRIPTION:
HIGH RIDGE HOUSING, LLC
BEING A PORTION OF HIGH RIDGE PUD, PLAT BOOK 109, PAGES 90 THROUGH 93, PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID HIGH RIDGE PUD, RUN THENCE NORTH
01°09'29" EAST ALONG THE WEST LINE OF SAID PLAT, A DISTANCE OF 549.75 FEET; THENCE SOUTH
88°50'31" EAST, A DISTANCE OF 51.26 FEET; THENCE NORTH 28°49'12" EAST, A DISTANCE OF 398.90
FEET; THENCE SOUTH 88°09'31" EAST, A DISTANCE OF 234.09 FEET TO A POINT ON THE EAST LINE
OF SAID PLAT, SAID EAST LINE ALSO BEING THE WEST RIGHT-OF-WAY LINE OF HIGH RIDGE
ROAD; THENCE SOUTH 01°50'29" WEST ALONG SAID EAST LINE AND ALONG SAID WEST RIGHT-OF-
WAY LINE, A DISTANCE OF 851.74 FEET; THENCE SOUTH 46°11'53" WEST, A DISTANCE OF 36.07
FEET TO A POINT ON THE SOUTH LINE OF SAID PLAT, SAID SOUTH LINE ALSO BEING THE NORTH
RIGHT-OF-WAY LINE OF MINER ROAD; THENCE SOUTH 88°07'03" WEST ALONG SAID SOUTH LINE
AND ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 435.45 FEET TO THE POINT OF
BEGINNING.
CONTAINING 362,997 SQUARE FEET OR 8.33 ACRES. MORE OR LESS.
TOGETHER WITH
LEARNING EXCELLENCE FOUNDATION OF SOUTH PALM BEACH, INC.
ALL OF THE PLAT OF “HIGH RIDGE PUD” ACCORDING TO THE PLAY THEREOF AS RECORDED IN
PLAY BOOK 109, PAGE 90 THRU 93, INCLUSIVE, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
LESS AND EXCEPT A PORTION OF “HIGH RIDGE PUD” ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAY BOOK 109, PAGES 90 THRU 93, INCLUSIVE, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF SAID “HIGH RIDGE PUD” PLAT; THENCE NORTH 88
DEGREES 35 MINUTES 59 SECONDS EAST ALONG THE NORTH LINE OF SAID PLAT, A DISTANCE OF
471.46 FEET; THENCE SOUTH 01 DEGREES 50 MINUTES 29 SECONDS WEST ALONG THE EAST LINE
OF SAID PLAT, A DISTANCE OF 400.00 FEET; THENCE NORTH 88 DEGREES 09 MINUTES 31 SECONDS
WEST, A DISTANCE OF 475.09 FEET; THENCE NORTH 01 DEGREES 09 MINUTES 29 SECONDS EAST
ALONG THE WEST LINE OF SAID PLAT, A DISTANCE OF 242.76 FEET; THENCE NORTH 05 DEGREES
02 MINUTES 00 SECONDS EAST ALONG SAID WEST LINE, A DISTANCE OF 130.80 FEET TO THE
POINT OF BEGINNING.
LESS AND EXCEPT FROM THE TOTAL PARCEL DESCRIBED ABOVE THE FOLLOWING DESCRIBED
PARCEL:
BEING A PORTION OF HIGH RIDGE PUD, PLAT BOOK 109, PAGES 90 THRU 93, PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID HIGH RIDGE PUD, RUN THENCE NORTH
01’09’29” EAST ALONG THE WEST LINE OF SAID PLAT, A DISTANCE OF 549.75 FEET; THENCE
SOUTH 88’50’31” EAST, A DISTANCE OF 51.26 FEET; THENCE NORTH 28’49’12” EAST A DISTANCE OF
398.90 FEET; THENCE SOUTH 88’09’31” EAST, A DISTANCE OF 234.09 FEET TO A POINT ON THE EAST
LINE OF SAID PLAT, SAID EAST LINE ALSO BEING THE WEST RIGHT-OF-WAY LINE OF HIGH RIDGE
ROAD; THENCE SOUTH 01’50’29” WEST ALOND SAID EAST LINE AND ALONG SAID WEST RIGHT-
OF-WAY LINE, A DISTANCE OF 851.74 FEET; THENCE SOUTH 46’11’53” WEST, A DISTANCE OF 36.07
FEET TO A POINT ON THE SOUTH LINE OF SAID PLAT, SAID SOUTH LINE ALSO BEING THE NORTH
RIGHT-OF-WAY LINE OF MINER ROAD; THENCE SOUTH 88’07’03” WEST ALONG SAID SOUTH LINE
AND ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 435.45 FEET TO THE POINT OF
BEGINNING.
324 of 579
SAID LANDS SITUAE, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA AND
CONTAIN 231,380 SQUARE FEET (5.312 ACRES) MORE OR LESS..
A location map is attached hereto as Exhibit “A” and made a part of this Ordinance by reference.
Section 3. That the Zoning Map of the City is amended to reflect this rezoning.
Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 5. 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 6. This ordinance shall become effective immediately upon passage.
th
FIRST READING this 19 day of August, 2014.
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SECOND, FINAL READING and PASSAGE this ___ day of ___________, 2014.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Joe Casello
______________________________
Commissioner – David T. Merker
______________________________
Commissioner – Mack McCray
______________________________
ATTEST: Commissioner – Michael M. Fitzpatrick
_______________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
326 of 579
ORDINANCE NO. 14-014
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
REGARDING THE APPLICATION OF RON ROAN OF HIGH RIDGE
HOUSING, LLC., AMENDING ORDINANCE 02-013 TO REZONE A
PARCEL OF LAND LOCATED ON THE WEST SIDE OF HIGH RIDGE
ROAD, APPROXIMATELY 0.25 MILES NORTH OF MINER ROAD, AS
MORE FULLY DESCRIBED HEREIN, FROM SINGLE AND TWO
FAMILY DWELLING DISTRICT (R-2) TO PLANNED UNIT
DEVELOPMENT (PUD) WITH MASTER PLAN FOR 184
APARTMENTS, IMAGINE CHARTER SCHOOL AND ATHLETIC
FIELDS; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN
EFFECTIVE DATE
.
WHEREAS,
the City Commission of the City of Boynton Beach, Florida has adopted
Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and
WHEREAS,
WDDW RESOURCES, LLC., owner of the property located on the west
side of High Ridge Road, approximately 0.25 miles north of Miner Road in Boynton Beach,
Florida, as more particularly described herein, has endorsed a Petition filed by applicant Ron
Roan of High Ridge Housing, LLC., pursuant to Section 9 of Appendix A-Zoning, of the Code of
Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a parcel of land, said
land being more particularly described hereinafter, from Single and Two-family Dwelling District
(R-2) to Planned Unit Development (PUD) as part of the master plan for 184 apartments, imagine
charter school and athletic fields; and
WHEREAS,
the City Commission conducted a public hearing and heard testimony and
received evidence which the Commission finds supports a rezoning for the property hereinafter
described; and
WHEREAS
, the City Commission finds that the proposed rezoning is consistent with an
amendment to the Land Use which was contemporaneously considered and approved at the
public hearing heretofore referenced; and
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WHEREAS,
the City Commission deems it in the best interests of the inhabitants of said
City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
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 following described land located on the west side of High Ridge Road,
approximately 0.25 miles north of Miner Road in Boynton Beach, Florida, as set forth as follows:
TRACT "A", IMAGINE CHARTER SCHOOL AT BOYNTON BEACH, ACCORDING TO THE
PLAT THEREOF, RECORDED IN PLAT BOOK 112, PAGES 186 AND 186 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY,
FLORIDA.
CONTAINING 183,902 SQUARE FEET/4.2218 ACRES MORE OR LESS.
be and the same is hereby rezoned from Single and Two-Family Dwelling District (R-2) to
Planned Unit Development (PUD) as part of the master plan for 184 apartments, imagine charter
school and athletic fields. A location map is attached hereto as Exhibit “A” and made a part of
this Ordinance by reference.
Section 3. That the aforesaid Revised Zoning Map of the City shall be amended
accordingly.
Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 5. 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 6. This ordinance shall become effective immediately upon passage.
FIRST READING this _____ day of _______________, 2014.
SECOND, FINAL READING and PASSAGE this _____ day of ___________, 2014.
328 of 579
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Joe Casello
______________________________
Commissioner – David T. Merker
______________________________
Commissioner – Mack McCray
______________________________
ATTEST: Commissioner – Michael M. Fitzpatrick
_______________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
329 of 579
330 of 579
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 14-017
STAFF REPORT
TO: Chair and Members
Planning and Development Board
THRU: Michael Rumpf
Planning and Zoning Director
FROM: Hanna Matras, Senior Planner
DATE: July 14, 2014
PROJECT: High Ridge Landing PUD
REZN 14-002
REQUEST: Approve High Ridge Landing PUD rezoning (REZN 14-002) from a
PUD (Planned Unit Development) with the Master Plan for 110
single-family homes, and from R-2 (Single and Two-Family
Residential District) developed with a school (Imagine Charter
School), to a PUD with a Master Plan for 184 apartments, the
Imagine Charter School and athletic fields.
________________
PROJECT DESCRIPTION
Property Owner: High Ridge Housing, LLC and WDDW Resources LLC
Applicant: Ron Roan/High Ridge Housing, LLC
Northwest corner of High Ridge Road and Miner Road (Exhibit “A”)
Location:
Existing Land Use/
Zoning: Medium Density Residential (MeDR)/ PUD (Planned Unit
Development) with a Master Plan for 110 single-family homes
and; R-2 (Single and Two-Family Residential District)
Proposed Land Use/
Zoning: Medium Density Residential (MeDR)/ PUD (Planned Unit
Development) with a Master Plan for 184 apartments, the school
and accessory athletic fields
Acreage: +/- 18.44 acres
Adjacent Uses:
331 of 579
North: Single family homes in unincorporated Palm Beach County, classified LR-2 Low
Density Residential (2 du/acre) and zoned RS Single Family Residential.
South: The right-of-way of Miner Road, then developed property (High Ridge Commerce
Center) classified Industrial (I) and zoned M-1 Industrial; to the southwest,
undeveloped property within unincorporated Palm Beach County classified
Industrial (IND) and zoned Single Family Residential (RS).
East: The right-of-way of High Ridge Road, then, to the northeast, Cedar Ridge
Estates with single family homes and townhomes (townhomes built at 8.04
du/acre), classified Low Density Residential (LDR) and zoned Planned Unit
Development (PUD). To the southeast, Cedar Ridge and High Ridge Commerce
Park, developed properties classified Industrial (I) and zoned Planned Industrial
Development (PID).
West: To the west, undeveloped property (High Ridge Country Club) designated Low
Density Residential (LDR) and zoned R1AA Single Family Residential.
BACKGROUND
The subject property was annexed into the City in May 2005 and approved for Medium Density
Residential (MeDR) land use, allowing a maximum density of 9.68 dwelling units per acre. As per the
concurrently approved master plan and the site plan approved in September 2005, the project included
48 single family homes and 126 townhomes. However, infrastructure issues delayed construction and,
faced with a deteriorating housing market, the developer requested a modification, which cut the number
December 2007, but by
of units by 64 and eliminated townhomes. The modification was approved in
then the “Great Recession” took hold and it became clear that the modified project remained
financially unfeasible.
In October 2008 the developer applied for a land use amendment and rezoning of the site to change the
land use and zoning from residential to industrial. The amendment underwent the state review but the
developer chose not to pursue the final adoption and the requests were effectively dropped. In 2009, he
sold a 4.22-acre parcel at the northern portion of the property, subsequently developed as Imagine
Charter School, and, in 2013, another 5.31 acre part of the property for a future school recreational area.
Please note that the development order for the modified master plan approved in 2007 remains valid as
per extensions granted by state law in 2012. However, given that the portions of the property sold for the
school site were a part of the subject master plan, any development plans would require either master
plan modification or a new master plan. In this case, the owner of property occupied by Imagine Charter
School (currently zoned R-2) and the new owner of the remaining parcel (currently zoned PUD) jointly
request rezoning of the entire property to PUD with a new master plan which would include a residential
component and the existing school with the soon-to-be developed athletic field.
REVIEW BASED ON CRITERIA
The criteria used to review Comprehensive Plan amendments and rezonings are listed
in the Land Development Regulations, Chapter 2, Article II, Section 2.B and Section
2.D.3. These criteria are required to be part of a staff analysis when the proposed
change includes an amendment to the Comprehensive Plan Future Land Use Map
(FLUM) or a rezoning.
a. Demonstration of Need. A demonstration of need may be based upon changing
conditions that represent a demand for the proposed land use classification and
zoning district. Appropriate data and analysis that adequately substantiates the
332 of 579
need for the proposed land use amendment and rezoning must be provided within
the application.
In terms of overall density, the new Master Plan represents relatively little change
from the first Master Plan approved for the property (184 units as compared to 174
units). The property’s current future land use classification is Medium Density
Residential, which allows for the requested number of units. The type of units—
rental apartments—reflects a strong market demand, fueled by victims of
foreclosures and others prevented from getting a mortgage by restrictive
underwriting criteria, as well as rising home prices and stagnant wages. Moreover,
given the proximity of the school, many alternative uses for the property (particularly
the previously proposed industral use) would create compatibility issues.
b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM)
and rezoning would be consistent with the purpose and intent of, and promote, the
applicable Comprehensive Plan policies, Redevelopment Plans, and Land
Development Regulations.
The proposed rezoning with a new Master Plan is consistent with all applicable policies
of the Comprehensive Plan and Land Development Regulations (see also response to
{a}). In particular, the Comprehensive Plan explicitely supports proximity of schools to
residential areas (Policy 10 B.1.5).
c. Land Use Pattern. Whether the proposed Future Land Use Map amendment
(FLUM) and rezoning would be contrary to the established land use pattern, or
would create an isolated zoning district or an isolated land use classification
unrelated to adjacent and nearby classifications, or would constitute a grant of
special privilege to an individual property owner as contrasted with the protection of
the public welfare. This factor is not intended to exclude FLUM reclassifications and
rezonings that would result in more desirable and sustainable growth for the
community.
The proposed rezoning will not be contrary to the established land use pattern, will not create
an isolated district, nor will it constitute a grant of special privilege to the owner. The property
is already classified Medium Density Residential, which allows density of 10 dwelling units per
acre. (See also response to “a”.) Moreover, the property is surrounded by diverse land uses,
including industrial uses.
d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM)
and rezoning would support the integration of a mix of land uses consistent with the
Smart Growth or sustainability initiatives, with an emphasis on 1) complementary
land uses; 2) access to alternative modes of transportation; and 3) interconnectivity
within the project and between adjacent properties.
The subject rezoning would support the integration of the two complementary uses, residential
apartments and a school with its athletic field area. Pedestrian access gate will provide
interconnectivity between the residential part of the project and the athletic field area, while
interconnectivity with adjacent properties will be maintained through sidewalks along High Ridge
Road and Minor Road.
333 of 579
In addition to proximity of the school, and industrial and commercial uses as employment
centers, the project is located within ½ mile from the regional transit network of Tri-Rail, giving
future residents convenient access to the three-county labor market.
e. Availability of Public Services / Infrastructure. All requests for Future Land Use
Map amendments shall be reviewed for long-term capacity availability at the
maximum intensity permitted under the requested land use classification.
This request is for rezoning only. Long-term capacity availability for potable water, sewer and
solid waste was reviewed as a part of annexation of the property in 2005. The Palm Beach
County Solid Waste Authority determined that sufficient disposal capacity will be available at the
existing landfill through approximately the year 2046.
Traffic and school concurrency will be reviewed as part of the site plan.
Drainage will be reviewed in detail as part of the site plan, land development, and building
permit review processes.
f. Compatibility. The application shall consider the following factors to determine
compatibility:
(1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning
would be compatible with the current and future use of adjacent and nearby
properties, or would negatively affect the property values of adjacent and nearby
properties; and
(2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning
is of a scale which is reasonably related to the needs of the neighborhood and the
City as a whole.
(1) The proposed rezoning is compatible with the current and future use of adjacent
and nearby properties: there is a considerable diversity of land uses in proximity
of the subject property, from residential uses of various types and densities to
institutional and industrial uses. For example, Cedar Ridge Estates, east of the
property, are developed with both townhomes and single family homes; the
townhome section of the Estates has the density of 8.09 du/acre (as compared
with the 10 du/acre for the proposed project).
Staff foresees no negative impact on property values.
(2) The rezoning, increasing the housing choices, is related to the needs of both.
(See also a response to {a}).
g. Direct Economic Development Benefits. For rezoning/FLUM amendments
involving rezoning to a planned zoning district, the review shall consider the
334 of 579
economic benefits of the proposed amendment, specifically, whether the proposal
would:
(1) Further implementation of the Economic Development (ED) Program;
(2) Contribute to the enhancement and diversification of the City’s tax base;
(3) Respond to the current market demand or community needs or provide services
or retail choices not locally available;
(4) Create new employment opportunities for the residents, with pay at or above the
county average hourly wage;
(5) Represent innovative methods/technologies, especially those promoting
sustainability;
(6) Be complementary to existing uses, thus fostering synergy effects; and
(7) Alleviate blight/economic obsolescence of the subject area.
As already noted in this report, the proposed rezoning does not involve a change in
a land use classification of subject property, nor does it represent a significant
change in density from the first Master Plan approved on the property. The project
certainly complies with criteria #2, #3 (see response to “a”), and also #6, the latter
through complementarity between the school and the residential component of the
PUD.
h. Commercial and Industrial Land Supply. The review shall consider whether the
proposed rezoning/FLUM amendment would reduce the amount of land available for
commercial/industrial development. If such determination is made, the approval can
be recommended under the following conditions:
(1) The size, shape, and/or location of the property makes it unsuitable for
commercial/industrial development; or
(2) The proposed rezoning/FLUM amendment provides substantiated evidence of
satisfying at least four of the Direct Economic Development Benefits listed in
subparagraph “g” above; and
(3) The proposed rezoning/FLUM amendment would result in comparable or higher
employment numbers, building size and valuation than the potential of existing land
use designation and/or rezoning.
The proposed rezoning does not change the type of land use allowed on the
property.
i. Alternative Sites. Whether there are adequate sites elsewhere in the City for the
proposed use in zoning districts where such use is already allowed.
N/A. The use is already allowed.
j. Master Plan and Site Plan Compliance with Land Development Regulations.
When master plan and site plan review are required pursuant to Section 2.D.1.e
above, both shall comply with the requirements of the respective zoning district
regulations of Chapter 3, Article III and the site development standards of Chapter 4.
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The concurrent master plan and site plan shall comply with said requirements.
RECOMMENDATION
As indicated herein, staff has reviewed the proposed land use amendment and rezoning
and determined that it is consistent with the Comprehensive Plan objectives and
contributes to economic development. Therefore, staff recommends that the subject
request be approved.
S:\Planning\SHARED\WP\PROJECTS\High Ridge- New Urban Communities\REZN 14-002\Staff Report High Ridge NUC PUD.doc
336 of 579
9. B
PUBLIC HEARING
August 19, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
August 19, 2014
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 a Major Site Plan Modification (MSPM 14-
EQUESTED CTION BY ITY OMMISSION
002) to allow construction of 184 multi-family rental units (High Ridge Landing) consisting of eight
(8) two- and three-story apartment buildings, amenity area, and related site improvements at the
northwest corner of High Ridge Road and Miner Road, on 8.44 acres within a PUD (Planned
Unit Development) zoning district. Applicant: Ron Roan of High Ridge Housing, LLC.
NOTICE: FOLLOWING THE CLOSE OF PUBLIC COMMENTS, FINAL ACTION WILL BE
TABLED TO THE SEPTEMBER 3, 2014 MEETING SO THAT FINAL ACTION IS TAKEN
CONCURRENTLY WITH FINAL ACTION ON THE ACCOMPANYING REZONING ITEM.
ER:
The applicant is requesting a major site plan modification for
XPLANATION OF EQUEST
High Ridge Landing PUD to modify the approved Master Plan and Site Plan by revising
the total number of units (184 is the maximum allowed at 10 dwelling units per acre),
changing the type of housing proposed, and revising related site improvements. The
owner of property occupied by Imagine Charter School (currently zoned R-2) and the
new owner of the remaining parcel (currently zoned PUD) are jointly requesting a
concurrent rezoning of the entire 18.44 acres to PUD with a new master plan that would
integrate the proposed residential component with the existing school and soon-to-be
developed athletic field (see REZN 14-002).
According to the site plan, a total of 325 parking spaces are provided, which is a
deficiency of 55 spaces and an equivalent of 1.7 parking spaces per unit. The applicant
has noted that 1.7 parking spaces per unit is an accepted industry standard that has
been utilized in other “New Urban” style developments that offer a range of on-site
amenities, and are located in close proximity to off-site amenities and uses that will
337 of 579
serve the neighborhood. Staff has researched this and is proposing a code revision to
the parking regulations (CDRV 14-002) concurrent with this request that will facilitate a
reduction in required parking spaces while promoting and recognizing developments
that propose sustainable design or operation. Based on the proposed code revision
(CDRV 14-002), parking ratios of 1.33 spaces per each one (1)-bedroom apartment
(reduction of .17/unit) and 1.66 spaces per each two (2) or more bedroom apartment (a
reduction of .34/unit), the 325 parking spaces proposed would comply with the minimum
off-street parking requirements.
The Planning & Development Board at their July 22, 2014 meeting voted to deny the
major site plan modification request.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
The project would generate approximately $160,000 of annual
ISCAL MPACT
revenues in ad valorem taxes and fire assessment. The estimate of total annual fees for
water, sewer, and stormwater is $58,800. The necessary services can be provided
within the existing capacity of the respective city departments: no additional capital
outlays or increased staffing would be required.
The park impact fee will be $109,480.
A:
None recommended
LTERNATIVES
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 14-025
STAFF REPORT
TO: Chair and Members
Planning and Development Board and City Commission
THRU: Michael Rumpf
Planning and Zoning Director
FROM: Kathleen Zeitler
Planner II
DATE: July 15, 2014
PROJECT NAME/NO: High Ridge Landing PUD / MSPM 14-002
REQUEST: Major Site Plan Modification
PROJECT DESCRIPTION
Property Owner:
High Ridge Housing, LLC
Applicant:
Ron Roan, Vice-President of High Ridge Housing, LLC
Agent:
Brian Cheguis, Principal Planner with Cotleur & Hearing, Inc.
Location:
Northwest corner of High Ridge Rd and Miner Rd (see Exhibit “A”
– Location Map)
Existing Land Use:
Medium Density Residential (MeDR)
Existing Zoning:
PUD, Planned Unit Development (with a Master Plan for 110
single-family homes)
Proposed Land Use:
No change proposed
Proposed Zoning:
PUD, Planned Unit Development (with a new Master Plan for 184
multi-family apartments, Imagine Charter School and athletic
fields) (see REZN 14-002)
Proposed Use:
Request major site plan modification to construct 184 multi-family
apartments
Acreage:
8.33 acres (362,855 square feet) for proposed residential area
Adjacent Uses:
North:
Proposed Imagine Charter School sports field on 5.31 acres on property
classified MeDR (Medium Density Residential) future land use and zoned
PUD; and farther north, Imagine Charter school on 4.22 acres on property
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classified MeDR future land use, and currently zoned R-2 with proposed
rezoning to PUD (see REZN 14-002); and single-family homes in
unincorporated Palm Beach County, designated PBC LR-2 (Low Density
Residential) and zoned PBC RS (Single-Family Residential);
South:
Right-of-way of Miner Road, then developed property (High Ridge
Commerce Center II flex-space warehouse) classified I (Industrial) future
land use, and zoned M-1 (Light Industrial); farther south a townhome
development (Canterbury) with a density of approximately 9.9 du/acre,
classified I (IndustriaI) future land use and zoned PID (Planned Industrial
Development); and to the southwest, undeveloped property within
unincorporated Palm Beach County classified PBC IND (Industrial) future
land use and zoned PBC RS (Single-Family Residential).
East:
Right-of-way of High Ridge Road, then developed industrial property
(High Ridge Commerce Center) classified I (Industrial) future land use,
and zoned PID (Planned Industrial Development), and to the northeast,
Cedar Ridge Estates PUD with single family homes and townhomes
(townhomes built at 8.04 du/acre), classified LDR (Low Density
Residential) and zoned PUD (Planned Unit Development); and,
West:
Undeveloped property (High Ridge Country Club) designated LDR (Low
Density Residential) and zoned R1AA (Single Family Residential), and
farther west, High Ridge Country Club golf course and clubhouse
classified REC (Recreation) future land use, and zoned REC
(Recreation).
BACKGROUND
Agent Brian Cheguis with Cotleur & Hearing Inc., on behalf of applicant Ron Roan, Vice-
President of High Ridge Housing LLC, is requesting a major site plan modification for High
Ridge Landing PUD to modify the approved Master Plan and Site Plan by revising the total
number of units, changing the type of housing proposed, and revising related site improvements
(see Exhibit “B” – Site Plan). The owner of property occupied by Imagine Charter School
(currently zoned R-2) and the new owner of the remaining parcel (currently zoned PUD) are
jointly requesting a concurrent rezoning of the entire 18.44 acres to PUD with a new master plan
that would integrate the proposed residential component with the existing school and soon-to-be
developed athletic field (see REZN 14-002). Pedestrian walking paths with gate access and a
shared driveway access from Miner Road will provide interconnectivity between the residential
part of the PUD and the school and athletic field, while interconnectivity with adjacent properties
will be maintained through sidewalks along High Ridge Road and Miner Road.
The maximum density allowed by the MeDR (Medium Density Residential) land use
classification is 10 dwelling units per acre (at time of previous site plan approval MeDR was
9.68 du/ac), which would provide the developer a maximum of 184 units. The previous approval
in 2007 (MSPM 07-010) for High Ridge PUD was for 110 single-family detached units on 18.44
5.96 dwelling units per acre (du/ac), a net reduction of 64 units from the
acres at a density of
previously approved 2005 site plan. The original site plan in 2005 (NWSP 05-016) was
approved for
48 single-family detached units and 126 fee-simple townhouse units at a density of
9.43 du/ac. Due to the modified design from single-family lots and interior streets, a revised plat
is required to be submitted to the Engineering Division for their review and approval prior to the
issuance of a building permit for the project (see Exhibit “C” – Conditions of Approval).
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To date, the High Ridge PUD project has been approved for the following: an annexation
(ANEX 05-001); a future land use map amendment (LUAR 05-002) from PBC MDR (Medium
Density Residential) with a density of 5 dwelling units per acre, and PBC LR-2 (Low Density
Residential) with a density of 2 dwelling units per acre to the City’s MeDR (Medium Density
Residential) classification with a density of 9.68 dwelling units per acre; a rezoning (LUAR 05-
002) from PBC RS (Single-Family Residential) to PUD (Planned Unit Development); a new site
plan (NWSP 05-016); a minor site plan modification (MMSP 06-051); and a site plan time
extension (SPTE 06-013), which extended site plan approval to September 20, 2007; a major
site plan modification (MSPM 07-010) and a site plan time extension granted by state law in
2012.
ANALYSIS
Concurrency:
Traffic: A traffic impact analysis for the proposed project prepared by Kimley-Horn
and Associates, Inc. was sent to the Palm Beach County Traffic Division
for concurrency review in order to ensure an adequate level of service.
Based on the traffic impact analysis, all significantly impacted links (using
Level of Service D and E service volumes) would operate acceptably
through build-out of the project in 2019. A traffic concurrency approval
letter was received from Palm Beach County indicating that 94 AM peak
hour trips and 114 PM peak hour trips would be generated as a result of
this project, and that no permits are to be issued after the build-out date of
2019.
In 2007, land was dedicated from the previous owner of the subject
property to Palm Beach County for future High Ridge Road right-of-way.
Per the submitted traffic impact analysis, a review was conducted of the
Five Year Plans of Palm Beach County and FDOT, as well as those
improvements committed to by the developers of projects in the area.
Based on the review, no roadway improvements are projected to be within
the project’s impact radius. Also the projected turning movement volumes
for the project did not exceed the specified volume thresholds, therefore
no additional turn lanes were recommended
.
School:
The School District of Palm Beach County has reviewed the application for
a concurrency determination on the proposed project of 184 apartment
units and found it complies with the adopted Level of Service (LOS) for
Schools. Adequate capacity exists in area public schools to
accommodate the projected resident population.
Utilities:
The City’s water capacity, as increased through the purchase of up to 5 million
gallons of potable water per day from Palm Beach County Utilities, would meet
the projected potable water needs for this project. Sufficient sanitary sewer and
wastewater treatment capacity is also currently available to serve this project.
Drainage:
Conceptual drainage information was provided for the City’s review. The
Engineering Division has found the conceptual information to be adequate and is
recommending that the review of specific drainage solutions be deferred until
time of permit review. All South Florida Water Management District permits and
other drainage related permits must be submitted at time of building permit.
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Police/Fire:
The Police Department has reviewed the site plan and all review comments have
been acknowledged by the applicant and will be addressed at the time of
permitting. Police staff has determined that current staffing levels would be
sufficient to meet the expected demand for services. The Fire Department
expects to be able to maintain an adequate level of service for the subject project
with current or expected infrastructure and/or staffing levels. Further plan review
by Police and Fire, including infrastructure requirements such as fire hydrants,
would be addressed during the permitting process.
Access:
The proposed development of rental apartments would be gated for privacy.
One (1) main point of ingress/egress via a driveway connection to High Ridge
Road is proposed (see Exhibit “B” – Site Plan). The access would be located
approximately 400 feet from the intersection of High Ridge Road and Miner Road
and align with Commerce Road located on the east side of High Ridge Road.
The site plan shows that there are two (2) lanes for ingress into the subject
property, and one (1) egress lane to exit, separated by a landscaped median 12
feet wide and approximately 115 feet long. All ingress and egress lanes are 12
feet wide. The left ingress lane includes a call box for visitors to gain entry
through the gates, and the right ingress lane serves as a bypass lane for
residents. A queuing area 105 feet in length is provided from the access at High
Ridge Road to the call box, allowing for the stacking of several vehicles on-site.
Past the median is a proposed 2-way drive aisle flanked on the north and south
by an access gate that would allow residents entry into the development. The 24
foot wide drive aisle would also serve as a vehicular turn-around area for drivers
that cannot enter through the security gates.
A secondary point of ingress/egress is from the existing full access drive on
Miner Road located approximately 450 feet from the intersection of Miner Road
and High Ridge Road. A two-way gated access point for resident access only is
located off the existing Miner Road driveway. All gates would have lock boxes
for Fire Department access. The driveway openings allow for sufficient ingress
and egress of emergency and service vehicles. The plans also show a 20-foot
wide emergency access point from High Ridge Road near the northeast corner of
the site. This stabilized sod access route would be gated and used for
emergency purposes only if the main entrance is obstructed.
Vehicular circulation within the development is provided through private drive
aisles. Each two (2)-way drive aisle would have 12.5 foot wide travel lanes,
which would conform to current engineering standards. Some residents would
access their garage space via these drive aisles, while other residents without a
garage space would access parking spaces near their residential building.
The sidewalks are proposed separately from the vehicular use areas, and
provide pedestrian connectivity throughout the site. Sidewalks ranging from four
(4) to seven (7) feet wide throughout the development and provide pedestrian
access to amenities such as the recreation building, pool, and poolside gazebo,
and lake.
Parking:
Both garage and surface parking spaces are proposed for the development. The
current parking regulations require one and one-half (1.5) parking space per one
(1)-bedroom apartment. Two (2) and three (3)-bedroom apartments require two
(2) parking spaces per unit. The project proposes 48 one (1)-bedroom units, and
136 two (2)-bedroom and three (3)-bedroom units. The recreational amenity
area requires 0.15 per unit for guest parking plus one (1) space per 300 square
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feet of area within the recreation building that is devoted to leasing and offices.
Based on the above current parking regulations, a minimum of 380 spaces are
required for the 184 proposed units and recreational amenity area (equivalent to
2.06 parking spaces per unit).
According to the site plan, a total of 325 parking spaces are provided, which is a
deficiency of 55 spaces and an equivalent of 1.7 parking spaces per unit. The
applicant has noted that 1.7 parking spaces per unit is an accepted industry
standard that has been utilized in other “New Urban” style developments that
offer a range of on-site amenities, and are located in close proximity to off-site
amenities and uses that will serve the neighborhood. Staff has researched this
and is proposing a code revision to the parking regulations (CDRV 14-002)
concurrent with this request that will facilitate a reduction in required parking
spaces while promoting and recognizing developments that propose sustainable
design or operation. Based on the proposed code revision parking ratios of 1.33
spaces per each one (1)-bedroom apartment (reduction of .17/unit) and 1.66
spaces per each two (2) or more bedroom apartment (a reduction of .34/unit), the
325 parking spaces proposed would comply with the minimum off-street parking
requirements, should the code revision (CDRV 14-002) be adopted as proposed.
The proposed development is located within close proximity to job centers,
institutional uses, public recreational natural lands, and public transportation
systems (within 0.5 mile of the Boynton Beach Tri-Rail station and Palm Tran bus
stop). The applicant is encouraging a range of sustainable initiatives as part of
the built and operational programming of the site by incentivizing the use of
alternative modes of transportation. Proposed is a sustainable living
environment that accommodates bikes, low-powered mopeds and scooters,
motorcycles, compact vehicles, and electric vehicles, and provides integrated
pedestrian facilities within the community. Operational rules shall be proposed
regarding the maximum number of vehicles per unit, especially lesser used
vehicles such as recreational, work, or utility vehicles and equipment. Incentives
shall be proposed for single vehicle households or those regularly using or
dependent on public transportation, while one (1)-bedroom units with more than
one (1) car, and two (2)-bedroom units with more than two (2) cars may pay
more rent each month.
All proposed parking stalls, including the size and location of the handicap space,
were reviewed and approved by both the Engineering Division and Building
Division. In addition, all necessary traffic control signage and pavement
markings will be provided to clearly delineate areas on site and direction of
circulation.
Landscape:
Site plan tabular data indicates the pervious area (open space, buffer, recreation
area, and lake) would total 29% of the entire site. A total of 1.74 acres of the
subject property would be landscaped open space and buffers. This pervious
surface would account for 21% of the total site. The landscape plan provides a
complimentary mix of canopy trees and palms exceeding the City’s minimum
landscape requirements, and proposes buffers around the perimeter of the entire
development; landscape islands throughout the off-street parking areas; and
foundation plantings around all building elevations.
Proposed plant material is limited by the landscape code to native and
drought tolerant species with low to medium water needs (waterwise Florida-
friendly plants). Tree species would include the following:Black Olive, Gumbo
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Limbo, Sweet Mahogany, Brazilian Beautyleaf, Cassia, Royal Poinciana, Slash
Pine, Live Oak, Silver Buttonwood, and East Palatka Holly. Palm species would
include the Green Malayan Coconut, European Fan, Sabal, Montgomery,
Alexander, Christmas, Pygmy Date, Royal, and Bismarck palms.
The landscape plans indicate compliance with the required minimum buffers
around the perimeter of the site. Landscape buffers along the rights-of-way of
High Ridge Road and Miner Road would be 15 feet wide and contain alternating
Live Oak and East Palatka Holly canopy trees planted every 30 feet and a
continuous hedge three (3) feet in height of Red-tip Cocoplum. A decorative five
(5) foot high aluminum rail fence with brick columns would be located on the
outside edge of the Cocoplum hedge and have clustered Viburnum shrubs
around each brick column. Outside the fence would be a continuous hedge of
variegated Pittosporum two (2) feet in height and Green Island Ficus
groundcover to the property lines. Similar landscaping is proposed along the
east side of the Miner Road access drive. The landscape buffer along the west
property line is existing and is located adjacent to a buffer for High Ridge Country
Club.
A total of eight (8) Florida Royal palm trees 22 feet in height are proposed along
main entrance leading to the recreational amenity area. Bismarck Palms are
proposed within the main entrance median. The pool and cabana area would be
heavily landscaped with a variety of plant material. Lake planting will include
upland transitional plants such as Bald Cypress and Dahoon Holly. Littoral
plantings within the lake would include Canna Lily, Spike Rush, Pickerel Weed,
Duck Potato, and Water Lily.
The code limits the use of sod to larger open spaces for passive or active
recreation purposes, as well as swales, water detention and retention areas, in
an effort to reduce water consumption. The applicant has reduced the amount of
sodded areas from the original submittal, limiting placement to the rear yard play
area. If the areas labeled Active Rec/Sod Areas to the rear of Buildings 1, 2, 4,
and 6 remain sodded, staff proposes a condition of approval that the plans be
revised to indicate relocation of landscaping to provide pedestrian accessibility to
these areas for all residents of the development for recreational purposes, and
include continuous walking paths and signage as dog walk areas (see Exhibit “C”
– Conditions of Approval).
Burford Holly at four (4) feet in height is proposed to screen the trash compactor.
All above-ground mechanical equipment such as exterior utility boxes, meters,
transformers, and back-flow preventers would be visually screened with three
(3)-foot high Viburnum hedges. Each building would have landscape material
proposed along all four (4) building sides. Select trees would be installed at half
the building height.
Buildings:
The 184 units are proposed within 8 separate three (3)-story buildings consisting
of Type 1, Type II, and Type III buildings. The site plan indicates the 184
proposed units would include the following mix: 48 one (1)-bedroom, one (1)-
bath units; 112 two-(2) bedroom, two (2)-bath units; and 24 three (3)-bedroom,
two (2)-bath units.
Each Type I building would contain a total of 20 two (2) bedrooms units. The
Type I building is arranged with eight (8) units on the first and second floor and
four (4) units on the third floor. Each unit would be a total of 1000 square feet.
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The Type 1 buildings proposed are Building #4 and Building #6 located adjacent
to High Ridge Road.
Each Type II building would contain a total of 24 units consisting of 12 units that
are two (2)-bedroom, and 12 units that are three (3)-bedroom. The Type II
building is arranged with a mix of four (4) two (2)-bedroom units and four (4)
three (3)-bedroom units on each of the three (3) floors. Each two (2)-bedroom
unit would be a total of 1000 square feet, and each three (3)-bedroom unit would
be 1,200 square feet. The Type II buildings proposed are Building #1 located
near the intersection of High Ridge Road and Miner Road, and Building #5
located south of the lake.
Each Type III building would contain a total of 24 units consisting of 12 units that
are one (1)-bedroom, and 12 units that are two (2)-bedroom.The Type III
building is arranged with a mix of four (4) one (1)-bedroom units and four (4) two
(2)-bedroom units on each of the three (3) floors. Each one (1)-bedroom unit
would be a total of 800 square, and each two (2)-bedroom unit would be 1,000
square feet. The Type III buildings proposed are Buildings #2 and #3 located
near the Miner Road access drive, and Buildings #7, and #8 located near the
lake.
Height:
The maximum building height allowed in the PUD zoning district is 45 feet, not to
exceed four (4) stories. All of the residential buildings will comply with the
maximum height requirement for the PUD zoning district. Each of the proposed
buildings is three (3) stories with a total mean building height of 34 feet nine-
inches (34’-9”), measured at the mid-point of the highest pitched roof.
Setbacks:
The minimum required perimeter building setbacks of a PUD are flexible,
however, the required perimeter building setbacks of the PUD must resemble the
setbacks of the adjacent development where a PUD is adjacent to single-family
residential zoning. The largest setback required within single-family residential
zoning districts is 25 feet. All proposed buildings would have a minimum
setback of 25 feet from perimeter property lines in compliance with PUD setback
requirements.
Amenities:
Residents and their guests will have access to recreational amenities through
landscaped pedestrian walkways throughout the development. The proposed
amenity area is centrally located and includes a one (1)-story recreation building
of 4,000 square feet with the same architectural elements as the residential
buildings. The recreation building will offer a large clubroom for meetings and
social events, a large fitness room, an internet café, a kid’s playroom, restrooms,
covered front and rear porches, and a mail kiosk. A portion of the recreation
building will also house the apartment leasing, management, and maintenance
offices, including golf cart storage. A swimming pool (approximately 800 square
feet), spa, and poolside gazebo are proposed to the rear of the recreation
building. Pedestrian amenities throughout the development would include
benches, covered bike racks, and trash receptacles.
Design:
The proposed buildings have a Florida Vernacular architectural style that
includes a textured stucco finish, shaped horizontal banding to break up the
mass of the facades, and flat clay tile roofs. Horizontal and vertical articulation is
maximized by varying roof lines and building off-sets. Decorative features will
include mullioned windows, Bahama shutters, coach lights, balconies with
decorative aluminum railings, cast stone pilasters, French doors, and screened
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patios. A pastel color palette includes a separate building color for each building
type. The design, as proposed, would provide for a sense of separation between
units and lessen the perceived density typical of multi-family developments.
Lighting:
The photometric plan (sheet A5.01 PH) proposes 40 freestanding pole
light fixtures throughout the development. The plan demonstrates that
lighting levels would be adequate and not “spill” over onto adjacent
properties. Per the photometric plan, all proposed lights will be shielded to
direct light down and away from adjacent properties and rights-of-way as
required.
Signage:
The site plan depicts a two-sided monument entry sign proposed 10 feet from the
east property line within the development’s driveway median. The proposed sign
will identify the name of the development and include the property address. The
sign itself is limited to five (5) feet in height and the maximum sign face allowed is
16 square feet, and shall be externally illuminated. Typically, sign details are
provided as part of the site plan review and approval, however no sign details
were included on the plans. Staff recommends as a condition of approval that
the plans be revised at time of permitting to include all proposed signage. The
architecture, building materials, finish, and colors are required to be incorporated
into the signage to match the buildings.
Public Art:
The proposed project is subject to the Art in Public Places Ordinance which
requires the developer to either place public art on site or pay the art fee in lieu of
on-site art. The developer of this project has indicated that payment will be made
at time of permitting into the Public Art fund, rather than placing public art on site.
RECOMMENDATION:
The Development Application Review Team (DART) has reviewed this request for major
site plan modification and recommends approval contingent upon approval of the
concurrent request for rezoning (REZN 14-002) ) including a new master plan, and the
concurrent code revisions for parking (CDRV 14-002), and upon satisfying all comments
indicated in Exhibit “C” – Conditions of Approval. Any additional conditions
recommended by the Board or City Commission shall be documented accordingly in the
Conditions of Approval.
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EXHIBIT “C” – CONDITIONS OF APPROVAL
Project Name: High Ridge Landing
File number: MSPM 14-002
nd
Reference: 2review plans identified as a Major Site Plan Modification with a June 10, 2014
Planning and Zoning Department date stamp marking.
DEPARTMENTS
INCLUDE REJECT
ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES
Comments:
1. At time of permitting, submit an irrigation plan for review and
approval. Landscaping must meet the Engineering Design Manual
Standards P-13 and K-8 for sight triangle and there shall be
unobstructed cross visibility at a level between 2.5 feet and 8 feet √
above the pavement. (2010 LDR, Chapter 4, Article II, Section
4.A.12.f.)
FIRE
Comments: None (All previous comments have been addressed).
POLICE
Comments: None (All previous comments have been addressed).
BUILDING DIVISION
Comments:
2. Note that changes or revisions to these plans may generate
additional comments. Acceptance of these plans during the DART
(Development Application Review Team) process does not ensure √
that additional comments may not be generated by the commission
and at permit review.
3. At time of permit review, submit signed and sealed working drawings
of the proposed construction. √
4. Buildings, structures and parts thereof shall be designed to withstand
the minimum wind loads of 170 mph. Wind forces on every building
or structure shall be determined by the provisions of ASCE 7 and the √
provisions of 2010 FBC, Section 1609 (Wind Loads).
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DEPARTMENTS
INCLUDE REJECT
At the time of permit review, submit details of reinforcement of
5.
walls for the future installation of grab bars as required by the
√
FFHA, Title 24 CFR, Part 100.205, Section 3, Requirement #6.
All bathrooms within the covered dwelling unit shall comply.
Identify within the site data the finish floor elevation (lowest
6.
floor elevation) that is proposed for the building. Verify that the
proposed elevation is in compliance with regulations of the
code by adding specifications to the site data that address the
following issues:
a. The design professional-of-record for the project shall add
the following text to the site data. “The proposed finish
floor elevation ____. __ NGVD is above the highest 100-
√
year base flood elevation applicable to the building site, as
determined by the SFWMD’s surface water management
construction development regulations.”
b. From the FIRM map, identify in the site data the title of the
flood zone that the building is located within. Where
applicable, specify the base flood elevation. If there is no
base flood elevation, indicate that on the plans.
c. Identify the floor elevation that the design professional has
established for the building within the footprint of the
building that is shown on the drawings titled site plan, floor
plan and paving/drainage (civil plans).
7. A water-use permit from SFWMD is required for an irrigation
system that utilizes water from a well or body of water as its
source. A copy of the permit shall be submitted at the time of
√
permit application, F.S. 373.216.
8. Pursuant to approval by the City Commission and all other
outside agencies, the plans for this project must be submitted
to the Building Division for review at the time of permit
√
application submittal. The plans must incorporate all the
conditions of approval as listed in the development order and
approved by the City Commission.
9. All areas of the recreation/leasing center shall comply with the
Federal Fair Housing Act.
√
10. The east wall of building #2 and the west wall of building #1
shall be of fire rated construction. The required fire rating shall
be based on the type of construction as classified in Section √
602 of the 2010 Florida Building Code, Building Volume, and
Table 602.
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DEPARTMENTS
INCLUDE REJECT
11. The full address of the project shall be submitted with the
construction documents at the time of permit application
submittal. The addressing plan shall be approved by the United
States Post Office, the City of Boynton Beach Fire Department,
the City’s GIS Division, and the Palm Beach County Emergency
√
911.
a. Palm Beach County Planning, Zoning & Building Division,
2300 N. Jog Road, West Palm Beach, Florida 33411-
2741(Sean McDonald – 561-233-5016)
b. United States Post Office, Boynton Beach (Michelle Bullard
– 561-734-0872)
PARKS & RECREATION
Comments:
12. The impact fee per dwelling for a multi-family (dwellings in buildings
containing 5 or more units) project is $595 per unit. Therefore, the √
impact fee for this project is $109,480 (184 x $595).
PLANNING & ZONING
Comments:
Approval of this project is contingent upon the approval of the
13.
√
accompanying request for rezoning (REZN 14-002).
√
A re-plat of the subject property shall be required prior to
14.
permitting.
The parking deficiency on plans shall require the addition of
15.
√
spaces to address deficiency, a code revision, or a variance to
the current regulations concurrent with or prior to site plan
approval.
16. At time of permitting, revise the Master Plan to label the
drainage area “Shared Retention Pond”.
√
17. The location of the proposed monument sign in the entrance median
is subject to Engineering review (for safe sight distance) and √
approval.
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DEPARTMENTS
INCLUDE REJECT
18. At time of permitting, correct the Master Plan site data to (1)
indicate acreage and square footage breakdown for each land
use in the PUD; (2) correct existing and proposed land use to
Medium Density Residential (MeDR) and maximum density to
√
10; (3) correct proposed building height; and (4) correct Lot
Coverage Calculations to include “square feet” after numbers
and percentage of total as an additional column; and (5) correct
spelling of Building Lot Coverage under Impervious.
19. At time of permitting, revise rear garage elevation (sheet
A2.01G) to include architectural enhancements that do not
replicate garage doors in compliance with the design standards
√
of the Land Development Regulations and for contribution to
project appearance visible from streets and access road.
20. At time of permitting, revise landscape plans to replace sod with
groundcovers or other plants except where used for play areas
or otherwise where residents have access for recreational
purposes. If the areas labeled Active Rec/Sod Areas to the rear
of Buildings 1, 2, 4, and 6 remain sodded, the plans shall be
√
revised to indicate relocation of landscaping to provide
pedestrian accessibility to these areas for all residents of the
development for recreational purposes, and include continuous
walking paths and signage as dog walk areas.
Indicate all existing and proposed utility lines and easements,
21.
√
their purposes and widths, on all plans.
22. The applicant shall coordinate with the property owner of the
adjacent sports field to ensure that their respective site plans indicate
the correct location of the pedestrian gate proposed near Building #8, √
leading to the sports field.
At time of permitting, revise plans to include a detail of
23.
√
perimeter fence with brick columns and gates (man gates,
sliding gates, etc). Indicate height, type, materials, and colors
on each detail.
24. At time of permitting, revise all plans to match the revised parking
layout showing spaces for motorcycles, compact cars, and spaces √
for charging of electric vehicles, dispersed throughout the
development.
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DEPARTMENTS
INCLUDE REJECT
25. At time of permitting, revise site plan to provide the minimum number
of required pedestrian amenities. All bike racks shall be covered,
and to the maximum extent feasible, trash receptacles shall include √
ashtrays and be located near other pedestrian amenities.
26. At time of permitting, revise photometrics plan to include an elevation
drawing of a typical freestanding outdoor lighting pole (indicating
height from grade to top). The typical drawing of the freestanding √
outdoor lighting poles must include the color and materials.
27. At time of permitting, revise photometrics plan to include the following
notes: The design, style, and illumination level shall be compatible
with the building design (height) and shall consider safety, function,
and aesthetic value. A minimum average light level of one (1) foot
candle shall be provided, with no more than 10% of the spot readings √
below one (1) foot candle and none below ½ foot candle. Lighting
shall not be of an intensity that produces glare on adjacent property.
Feature lighting emphasizing plants, trees, barriers, entrances, and
exits is encouraged.
28. At time of permitting, revise plans to ensure that the locations of all
freestanding light poles are consistent on each sheet and that they √
are not too close to landscaping when it becomes mature.
29. At time of permitting, revise site plan and landscape plan to
dimension width of perimeter buffers. √
30. At time of permitting, revise Landscape Details sheet so that plant list
and landscape notes are on right side of page (not legible due to √
stapled set).
31. At time of permitting, revise landscape plan to include the amount of
pervious and impervious area (in square feet and percent of site). √
32. At time of permitting, revise landscape plan plant list to include sod if
sod is proposed. Staff recommends further elimination of any small
sod areas to reduce irrigation demand, substituting hardy √
groundcovers and shrubs in place of sod.
33. At time of permitting, revise landscape plan to note proposed method
of irrigation. An irrigation plan is required to be submitted and √
approved prior to the issuance of a permit for this project.
DEPARTMENTS
INCLUDE REJECT
34. At time of permitting, revise plans to include materials and color of
lettering proposed on monument sign, as well as uplighting detail. √
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35. At time of permitting, revise landscape drawings to show the
calculations to demonstrate compliance with the landscape
requirements for the following specified areas: perimeter of site;
building foundations; vehicular use areas/parking lots (25 sf of √
landscape island area per parking space) and required landscape
island size (225 sf and no dimension less than 15’).
36. At time of permitting, revise landscape plan to provide total trees,
palms, shrubs, groundcovers required and provided. √
37. At time of permitting, revise landscape plan (sheet 1) to correct
corner conflict between sidewalk and landscaping at Miner Road √
pedestrian entrance.
38. At time of permitting, revise plans to indicate all parking spaces
designed for motorcycles, scooters, mopeds, etc. as covered parking √
spaces.
39. At time of permitting, revise plans to indicate a decorative paver
pedestrian crosswalk in front of the trash compactor to provide √
continuous pedestrian connectivity to sidewalks.
40. At time of permitting, revise plans to comply with all the requirements
of Chapter 4, Article V, Section 3.G., Parking Reductions for √
Sustainability (concurrent CDRV 14-002), as adopted.
COMMUNITY REDEVELOPMENT AGENCY
Comments: N/A (Property is not located in the CRA area).
PLANNING & DEVELOPMENT BOARD COMMENTS
Comments: No additional conditions.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments: To be determined.
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DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: High Ridge Landing (MSPM 14-002)
APPLICANT: Ron Roan, High Ridge Housing, LLC
APPLICANT’S ADDRESS: 5604 PGA Blvd., Suite 109, Palm Beach Gardens, FL 33418
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 19, 2014
APPROVAL SOUGHT: Major site plan modification to construct 184 multi-family
apartments and related site improvements on 8.33 acres
zoned PUD.
LOCATION OF PROPERTY: NW corner of High Ridge Rd and Miner Rd
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
___ 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 “C” 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: _______________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
DATED:__________________________ _____________________________________________
City Clerk
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9. C
PUBLIC HEARING
August 19, 2014
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RACC:
PROPOSED ORDINANCE NO.14-015 - FIRST
EQUESTED CTION BY ITY OMMISSION
READING - PUBLIC HEARING - Approve request for The Women’s Circle rezoning (REZN 14-
003) of subject property from C-3 (Community Commercial) to C-2 (Neighborhood Commercial),
th
located at 910-918 SE 4 Street. Applicant: Sr. Lorraine Ryan, The Women's Circle, Inc.
NOTE: THE SECOND AND FINAL PUBLIC HEARING OF THIS ORDINANCE WILL BE
SEPTEMBER 3, 2014.
ER:
This item is a request from the Women’s Circle to rezone its
XPLANATION OF EQUEST
property, consisting of 3 parcels, from C-3 (Community Commercial) to C-2
(Neighborhood Commercial). The agency provides education and job training to low-
income immigrant women striving for self-sufficiency. Initially, the services were housed
in a building located on the middle parcel, acquired in 2009; in 2012, the agency bought
the adjacent lot to the north and one to the south of the property, with a plan to expand
its services to accommodate a constantly growing demand.
At the time the Women’s Circle obtained its first property at a current location, a Social
Service Agency use was permitted in the C-3 zoning district. Then, in May of 2012,
amendments to the Land Development Regulations introduced major changes affecting
several not-for-profit uses. Consequently, a Social Service Agency was eliminated as a
permitted use in the C-3 zoning district.
The proposed rezoning to C-2 would allow the Women’s Circle to expand the facility to
add clients and increase the scope of services to continue its mission, which is
consistent with the City’s Economic Development Program’s goal of supporting training
opportunities to upgrade worker skill sets. Moreover, the proposed rezoning is
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compatible with the surrounding uses, and the proximity of The Women’s Circle to
residential communities is expedient to the agency’s potential clients who may live
there. Finally, the subject location, with no frontage of Federal Highway, is not likely to
develop as one of more intensive uses allowed in the C-3 district, which require better
access and better visibility.
The Planning and Development Board recommended this request for approval on July
22, 2014.
H?
No impact on City programs or
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
services.
FI:
The agency is a not-for-profit organization and therefore exempt from
ISCAL MPACT
ad valorem taxes; the additional fire assessment will be $916. The estimate of total
annual fees for water, sewer, and stormwater is $1,367. The necessary services can be
provided within the existing capacity of the respective city departments: no additional
capital outlays or increased staffing would be required.
A:
None recommended
LTERNATIVES
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ORDINANCE NO. 14-015
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
REGARDING THE APPLICATION OF SR. LORRAINE RYAN OF
THE WOMEN’S CIRCLE, INC., AMENDING ORDINANCE 02-013
TO REZONE A PARCEL OF LAND LOCATED AT 910-918
TH
SOUTHEAST 4 STREET, AS MORE FULLY DESCRIBED HEREIN,
FROM COMMUNITY COMMERCIAL DISTRICT (C-3) TO
NEIGHBORHOOD COMMERCIAL DISTRICT (C-2); PROVIDING
FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE
.
WHEREAS,
the City Commission of the City of Boynton Beach, Florida has adopted
Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and
WHEREAS,
Sr. Lorraine Ryan has filed a petition on behalf of the owner, The Women’s
Circle, Inc., to rezone a parcel of land more particularly described hereinafter; and
WHEREAS,
the City Commission, following required notice, conducted a public hearing
to consider the rezoning and heard testimony and received evidence which the Commission finds
supports a rezoning for the property hereinafter described; and
WHEREAS
, the City Commission finds that the proposed rezoning is consistent with the
Land Use described in the City’s Comprehensive Plan; and
WHEREAS,
the City Commission deems it in the best interests of the inhabitants of said
City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
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.
th
Section 2. The following described land located at 910-918 Southeast 4 Street, as
more fully described herein, is hereby rezoned from Community Commercial District (C-3) to
Neighborhood Commercial District (C-2):
LEGAL DESCRIPTION:
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A PARCEL OF LAND IN THE NORTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 28, TOWHSHIP 45 SOUTH, RANGE 43 EAST, PALM
BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTH
HALF OF THE NORTHEAST QUARTER OF SAID SECTION 28 WITH THE WEST
RIGHT-OF-WAY LINE OF STATE ROAD NO.5 (US HIGHWAY NO.1), WHICH
POINT OF INTERSECTION IS 86.36 FEET WEST OF THE EAST SECTION LINE,
WHEN MEASURED ALONG SAID NORTH LINE OF THE SOUTH HALF OF THE
NORTHEAST QUARTE; THENCE WESTERLY ALONG SAID NORTH LINE A
DISTANCE OF 196.72 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE
WESTERLY ALONG THE SAME COURSE A DISTANCE OF 97.21 FEET TO THE
TH
EAST RIGHT-OF-WAY LINE OF SE 4 STREET, A 60 FOOT RIGHT-OF-WAY AS
LAID OUT AND IN USE; THENCE SOUTHERLY ALONG SAID RIGHT-OF-WAY
LINE A DISTANCE OF 118.52 FEET TO THE NORTHWEST CORNER OF THE PLAT
OF PARKER ESTATE, AS RECORDED IN PLAT BOOK 10, PAGE 37, OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, ALSO BEING THE
NORTHWEST CORNER OF LOT 24 OF SAID PLAT; THENCE CONTINUE ALONG
THE SAME LINE, BEING THE WEST LINE OF SAID LOT 24 AND ALONG THE
WEST LINE OF LOT 23 OF SAID PLAT, A DISTANCE OF 75.00 FEET; THENCE
EASTYERLY , PARALLEL TO THE SOUTH LINE OF SAID LOT 24, A DISTANCE
OF 100.00 FEET TO THE EAST LINE OF SAID LOT 23; THENCE NORTHERLY
ALONG SAID EAST LINE OF LOT 23, AND ALONG EAST LINE OF SAID LOT 24,
A DISTANCE OF 75.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 24;
THENCE WESTERLY, ALONG THE NORTH LINE OF SAID LOT 24, A DISTANCE
OF 4.58 FEET TO A POINT 125.42 FEET EASTERLY OF THE NORTHWEST
CORNER OF SAID LOT 24; THEN NORTHERLY AT RIGHT ANGLES TO THE
PRECEEDING COURSE, A DISTANCE OF 118.52 FEET TO THE POINT OF
BEGINNING.
CONTAINING 18,914 SQUARE FEET, OR 0.43 ACRE.
A location map is attached hereto as Exhibit “A” and made a part of this Ordinance by reference.
Section 3. That the Zoning Map of the City is amended to reflect this rezoning.
Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 5. 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 6. This ordinance shall become effective immediately upon passage.
th
FIRST READING this 19 day of August, 2014.
SECOND, FINAL READING and PASSAGE this _____ day of ___________, 2014.
CITY OF BOYNTON BEACH, FLORIDA
361 of 579
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Joe Casello
______________________________
Commissioner – David T. Merker
______________________________
Commissioner – Mack McCray
______________________________
ATTEST: Commissioner – Michael M. Fitzpatrick
_______________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
362 of 579
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 14-020
STAFF REPORT
TO: Chair and Members
Planning and Development Board
THRU: Michael Rumpf
Planning and Zoning Director
FROM: Hanna Matras, Senior Planner
DATE: July 1, 2014
PROJECT: The Women’s Circle
REZN 14-003
REQUEST: Approve request for The Women’s Circle rezoning (REZN 14-003)
of subject property from C-3 Community Commercial District to C-2
Neighborhood Commercial District
________________
PROJECT DESCRIPTION
Property Owner: The Women’s Circle, Inc.
Applicant: Sr. Lorraine Ryan/The Women’s Circle, Inc.
th
910-918 SE 4 Street (Exhibit “A”)
Location:
Existing Land Use/
Zoning: Local Retail Commercial (LRC) / C-3 Community Commercial
District
Proposed Land Use/
Zoning: No change in Land Use / C-2 Neighborhood Commercial District
Proposed Use: Social Service Agency: proposed addition to an existing building
and related improvements
Acreage: +/- 0.43 acre
Adjacent Uses:
North: Developed property (a Chase Bank), classified Local Retail Commercial and
zoned C-3 Community Commercial District.
South: Developed Property (City facility—Senior Center), classified Local Retail
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Commercial and zoned C-3 Community Commercial District.
East: To the northeast, developed commercial property (a motel), classified Local
Retail Commercial and zoned C-3 Community Commercial District; to the
southeast, a developed commercial property and, further south, a restaurant,
both properties classified Local Retail Commercial and zoned C-3 Community
Commercial District.
West: The right of way of SE 4 th Street; further west, developed single-family homes
and developed duplex, all classified Medium Density Residential and zoned R-2,
Single- and Two-Family Residential District.
BACKGROUND
The subject property includes three parcels. The Women’s Circle Inc., a social service agency providing
education and job assistance to low-income women, mostly Haitian immigrants, has housed its services
and classes in a building located on the middle parcel. The agency moved to this location in 2009, buying
the property with the financial assistance (loan) from the CRA. In 2012, it bought the adjacent lot to the
north and one to the south of the property, with a plan to expand the facility to accommodate a growing
demand for its services. However, under the current property’s C-3 zoning, a Social Service Agency is a
nonconforming use and therefore the expansion of the use cannot proceed. To address this issue, the
Women’s Circle is requesting to rezone the property to C-2, the Neighborhood Commercial District in
which the subject use is permitted. If approved, the rezoning will allow the organization to carry out its
expansion plans.
At the time the Women’s Circle obtained its first property at a current location, a Social Service Agency
use was permitted in the C-3 zoning district. Then, in May of 2012, the City amended the Land
Development Regulations (LDR) to implement recommendations of the Moratorium Study conducted by
staff (Notice of Intent #2011-01) and thus introduced major changes affecting the zoning districts that
permit not-for-profit uses such as churches, schools, social service agencies, and civic and fraternal
organizations in certain zoning districts.
The study recommendations and subsequent amendments supported several of the Economic
Development initiatives adopted by the City Commission in 2011 as part of the Economic Development
Program and Initiatives, with the emphasis on provisions for tax-exempt uses in the context of a more
comprehensive analysis of how to maximize economic and fiscal value of development in the C-3, C-4,
PCD, PID, M-1 and mixed use zoning districts. The City had little industrial and commercial land left, and,
moreover, was facing fiscal problems. Therefore, maximizing land available for “for-profit” businesses and
maximizing contribution of new development to the City’s tax base became an important goal.
As a result of these LDR amendments, a Social Service Agency was eliminated as a permitted use in the
C-3 zoning district, and The Women’s Circle was granted legal non-conforming status, allowing it to
function but not to expand.
REVIEW BASED ON CRITERIA
The criteria used to review Comprehensive Plan amendments and rezonings are listed
in the Land Development Regulations, Chapter 2, Article II, Section 2.B and Section
2.D.3. These criteria are required to be part of a staff analysis when the proposed
change includes an amendment to the Comprehensive Plan Future Land Use Map
(FLUM) or a rezoning.
k. Demonstration of Need. A demonstration of need may be based upon changing
conditions that represent a demand for the proposed land use classification and
zoning district. Appropriate data and analysis that adequately substantiates the
need for the proposed land use amendment and rezoning must be provided within
the application.
365 of 579
The subject request constitutes a down-zoning—the uses allowed in the proposed
zoning district, C-2 Neighborhood Commercial, are less intensive than uses allowed
under the current zoning, C-3 Community Commercial. Note that both zoning districts
share the underlying future land use classification, Local Retail Commercial (LRC). In
terms of general demand, the subject location, with no frontage of Federal Highway, is
not likely to develop as one of more intensive uses allowed in the C-3 district, which
require better access and better visibility.
The need criterion is certainly backed by the economic benefit that the Agency provides
to the community. Through its educational and job development programs, it empowers
poor (mostly) emigrant women to become self-supporting, productive members of the
society. Women’s Circle has been growing for the last four years and needs to expand
the facility. In 2013, 266 women attended classes.
l. Consistency. Whether the proposed Future Land Use Map amendment (FLUM)
and rezoning would be consistent with the purpose and intent of, and promote, the
applicable Comprehensive Plan policies, Redevelopment Plans, and Land
Development Regulations.
The proposed rezoning is not inconsistent with any policies of the Comprehensive Plan
or Land Development Regulations (LDR). The request is consistent with the latter in the
sense that LDRs prohibit expansion of nonconforming uses, so rezoning can be
considered the most rational option for the agency to pursue (especially since it has
been providing services at the subject location since 2009). The property is located
directly south of the Downtown Transit-Oriented Development District, within which
lowering of the allowed intensity would be incompatible with the recommendations for
high density and intensity development.
m. Land Use Pattern. Whether the proposed Future Land Use Map amendment
(FLUM) and rezoning would be contrary to the established land use pattern, or
would create an isolated zoning district or an isolated land use classification
unrelated to adjacent and nearby classifications, or would constitute a grant of
special privilege to an individual property owner as contrasted with the protection of
the public welfare. This factor is not intended to exclude FLUM reclassifications and
rezonings that would result in more desirable and sustainable growth for the
community.
An isolated zoning district, created by spot zoning, means placing a small area of land
in a different zoning district from that of neighboring properties. Many view this practice
as unfair, since it suggests special privilege to an individual property owner. However,
in some cases rezonings that meet the above definitions are not considered “spot-
zoning.” Here are several reasons why the subject request is not a spot zoning, and
therefore not a granting of a special priviledge to the property owner:
It is a down-zoning;
It does not involve change in the future land use classification;
The area includes diverse uses and zoning districts with which the use is
compatible—within 600 feet of the property, zoning districts include: R1-AA, R-2, R-
3, C-1, C-2, C-3, and M-1. (Property directly south of the property is City’s Senior
Center, and as such will be shortly rezoned to PU, Public Use.)
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Rather than confer a benefit to the owner, it serves a very useful purpose to the low-
income community;
It supports economic development; and
The agency has been providing services out of this location since 2009
Finally, the Comprehensive Plan Housing Element, Policy 6.9.5, reads: The City shall
explore outside funding sources to ensure the availability of social, educational, and
recreational services to very low-, low- and moderate-income households.
n. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM)
and rezoning would support the integration of a mix of land uses consistent with the
Smart Growth or sustainability initiatives, with an emphasis on 1) complementary
land uses; 2) access to alternative modes of transportation; and 3) interconnectivity
within the project and between adjacent properties.
The subject location of The Women’s Circle is close to residential communites, where the
agency’s potential clients may live. Generally, women served by the agency have no cars; they
walk or take a bus—the Palm Tran route runs along nearby Federal Highway. Finally and
importantly, the use supports economic sustainability.
o. Availability of Public Services / Infrastructure. All requests for Future Land Use
Map amendments shall be reviewed for long-term capacity availability at the
maximum intensity permitted under the requested land use classification.
This request is for rezoning only.
Traffic will be reviewed as part of the site plan. Drainage will be reviewed in detail as part of the
site plan, land development, and building permit review processes.
p. Compatibility. The application shall consider the following factors to determine
compatibility:
(1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning
would be compatible with the current and future use of adjacent and nearby
properties, or would negatively affect the property values of adjacent and nearby
properties; and
(2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning
is of a scale which is reasonably related to the needs of the neighborhood and the
City as a whole.
(3) The request is for rezoning only. As stated in response to criterion “a,” the area
includes diverse uses and zoning districts with which the use of a Social Service
Agency is compatible. Two, C-1 and C-2, are intended locations for such a use. The
use is conditional in the R-2 and R-3 districts, and not permitted in the nearby R1-
AA district; however, the proximity of The Women’s Circle to residential communities
is expedient to the agency’s potential clients who may live there (see response to
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“d”).
The agency has been operating out of the subject location for the last five years. The
request, if approved, will result in down-zoning. Staff foresees no negative impact on
property values.
(4) The rezoning is related to the needs of both. (See also a response to “a” and “d”.)
q. Direct Economic Development Benefits. For rezoning/FLUM amendments
involving rezoning to a planned zoning district.
N/A
r. Economic Development Impact Determination for Conventional Zoning
Districts. For rezoning/FLUM amendments involving rezoning to a conventional
zoning district, the review shall consider whether the proposal would further
Economic Development Program, but also determine whether the proposal would:
(1) Represent a potential decrease in the possible intensity of development,
given the uses permitted in the proposed land use category and/or zoning district; and
(2) Represent a potential decrease in the number of uses with high probable
economic development benefits.
Even though the request represents a potential decrease in the intensity of development
and in the number of uses with economic development benefits, it does pertain to an
already existing use which, as stated previously, supports economic development
providing education and job training to low-income immigrant women striving for self-
sufficiency.
s. Commercial and Industrial Land Supply. The review shall consider whether the
proposed rezoning/FLUM amendment would reduce the amount of land available for
commercial/industrial development. If such determination is made, the approval can
be recommended under the following conditions:
(1) The size, shape, and/or location of the property makes it unsuitable for
commercial/industrial development; or
(2) The proposed rezoning/FLUM amendment provides substantiated evidence of
satisfying at least four of the Direct Economic Development Benefits listed in
subparagraph “g” above; and
(3) The proposed rezoning/FLUM amendment would result in comparable or higher
employment numbers, building size and valuation than the potential of existing land
use designation and/or rezoning.
The proposed rezoning changes intensity of development allowed on the property,
but the future land use classification remains commercial. Moreover, the requests
pertain to an existing use, which, although not commercial, provides economic
development benefits.
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t. Alternative Sites. Whether there are adequate sites elsewhere in the City for the
proposed use in zoning districts where such use is already allowed.
The request is for an existing use, operating on the subject location since 2009.
u. Master Plan and Site Plan Compliance with Land Development Regulations.
When master plan and site plan review are required pursuant to Section 2.D.1.e
above, both shall comply with the requirements of the respective zoning district
regulations of Chapter 3, Article III and the site development standards of Chapter 4.
The concurrent site plan shall comply with said requirements.
RECOMMENDATION
The staff’s review of the request indicates that the proposed rezoning is compatible with
the surrounding uses and allows The Women’s Circle to expand a business beneficial to
the community in a location of close proximity to potential clients. Moreover, since the
subject location is not conducive to more intense uses for which it is currently zoned,
staff recommends that the subject request be approved.
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9. D
PUBLIC HEARING
August 19, 2014
COBB
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AIRF
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August 19, 2014
OMMISSION EETING ATE
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RACC:
Approve a Major Site Plan Modification (MSPM 14-
EQUESTED CTION BY ITY OMMISSION
003) to allow expansion of an existing Social Service Agency (The Women's Circle) from 1,150
square feet to 5,731 square feet, consisting of a one-story addition of 4,581 square feet and
th
related site improvements, located at 910-918 SE 4 Street. Applicant: Sister Lorraine Ryan,
The Women's Circle, Inc.
NOTICE: FOLLOWING THE CLOSE OF PUBLIC COMMENTS, FINAL ACTION WILL BE
TABLED TO THE SEPTEMBER 3, 2014 MEETING SO THAT FINAL ACTION IS TAKEN
CONCURRENT WITH FINAL ACTION ON THE ACCOMPANYING REZONING ITEM.
ER:
The Women’s Circle, a not-for-profit social service agency
XPLANATION OF EQUEST
th
established in the year 2000 has been located at 912 SE 4 Street for the last five (5)
years. The Women’s Circle assists low-income women of all cultures, faiths, and
circumstances in their pursuit of educational, employment, spiritual, and personal goals.
The applicant indicates that demand for services provided by the Women’s Circle has
increased over the past few years and a larger facility is needed. They have purchased
the adjacent lots to the north and south for expansion purposes. However, the Land
Development Regulations were recently revised pursuant to economic development
initiatives, and a social service agency is no longer a use that is permitted in the C-3
zoning district. The existing use on site is now considered a valid nonconforming use
and expansion is not allowed. The new use category “Social Service Agency” is a
permitted use only in the C-1 and C-2 zoning districts. Therefore, the applicant is
proposing to rezone the subject lots from C-3 to C-2 (see REZN 14-003) concurrent with
their request for a major site plan modification. If rezoned to C-2, the current social
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service agency will become a conforming use that can expand. Proposed is a 4,581
square foot building addition to the current 1,150 square foot office for a total building
size of 5,731 square feet. Other site improvements include a 15-space on-site parking
lot (including one (1) handicap accessible space), site lighting, landscaping and
irrigation, and public art.
The Planning & Development Board at their July 22, 2014 meeting voted to approve the
request for a major site plan modification.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
The agency is a not-for-profit organization and therefore exempt from
ISCAL MPACT
ad valorem taxes; the additional fire assessment will be $916. The estimate of total
annual fees for water, sewer, and stormwater is $1,367. The necessary services can be
provided within the existing capacity of the respective city departments: no additional
capital outlays or increased staffing would be required.
A:
None recommended.
LTERNATIVES
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 14-015
STAFF REPORT
TO: Chair and Members
Planning and Development Board and City Commission
THRU: Michael Rumpf
Planning and Zoning Director
FROM: Kathleen Zeitler
Planner II
DATE: July 14, 2014
PROJECT NAME/NO: The Women’s Circle / MSPM 14-003
REQUEST: Major Site Plan Modification
PROJECT DESCRIPTION
Property Owner:
The Women’s Circle Inc.
Applicant:
Sister Lorraine Ryan, MMS, The Women’s Circle Inc.
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Location:
910 – 918 SE 4 Street(see Exhibit “A” – Location Map)
Existing Land Use:
Local Retail Commercial (LRC)
Existing Zoning:
C-3,Community Commercial
Proposed Land Use:
No change proposed
Proposed Zoning:
C-2, Neighborhood Commercial (see REZN 14-003)
Proposed Use:
Request major site plan modification to expand an existing Social
Service Agency (The Women’s Circle) from 1,150 square feet to
5,731 square feet consisting of a one-story addition of 4,581
square feet and related site improvements.
Acreage:
0.43 acre (18,914 square feet)
Adjacent Uses:
North:
A bank (Chase) fronting Federal Highway on property classified Local
Retail Commercial (LRC) future land use, and zoned Community
Commercial (C-3);
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South:
A duplex residential use on property classified Local Retail Commercial
(LRC) future land use, and zoned Community Commercial (C-3);
East:
A 15-unit motel (Tiki Hut) and Restaurant (Papa John’s Pizza) fronting
Federal Highway on property classified Local Retail Commercial (LRC)
future land use, and zoned Community Commercial (C-3); and
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West:
Right-of-way for SE 4 Street, and farther west are two lots with single-
family residential use, and a lot with a triplex (3-unit) residential use, on
properties classified Medium Density Residential (MEDR) future land use,
and zoned Single-Family and Two-Family (Duplex) Residential (R-2).
Site Details:
The Women’s Circle, a not-for-profit social service agency established in
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the year 2000 has been located at 912 SE 4 Street for the last five (5)
yearsThey have outgrown their 1,150 square foot office and purchased
.
the adjacent lots to the north and south for expansion purposes. Lot size
has increased from 7,375 square feet (0.17 acre) to 18,914 square feet
(0.43-acre) and all three (3) lots are requested to be rezoned to C-2
(Neighborhood Commercial) to allow the proposed expansion (see REZN
14-003).
The existing residential structures on the adjacent lots to the north and
south of the Women’s Circle are older structures and, although they are
not designated historic or protected under the Historic Preservation
Ordinance, efforts were made by the applicant (working with the City’s
Historic Preservation Planner) to find interested parties to take and
relocate the structures. These efforts have proved unsuccessful to date,
and the structures on the adjacent lots to the north and south are slated
to be demolished for a proposed 4,581 square foot building addition to the
north, and a proposed parking lot to the south.
A recorded Unity of Title, combining the three (3) lots into one (1) lot will
be required prior to construction. Several existing trees are to remain on
site including a large canopy Mahogany tree and Sabal Palms. Existing
trees to be removed are primarily invasive or non-native species. The
applicant is proposing extra trees to mitigate the removal of existing trees
on site that conflict with the proposed construction.
BACKGROUND
Proposal:
The Women’s Circle assists low-income women of all cultures, faiths, and
circumstances in their pursuit of educational, employment, spiritual, and
personal goals. According to their website, the mission of this outreach
group is to help empower low-income women to realize their full potential
to become all they can be, and to gain financial stability by providing
assistance with education and career development. In 2009, the
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Women’s Circle moved to their current location at 912 SE 4 Street. At
that time they received site plan approval and obtained a parking variance
(ZNCV 09-002) to allow four (4) on-street parallel parking spaces in
addition to a mutual parking agreement with the City to use the Senior
Center for overflow parking as needed.
The applicant indicates that demand for services provided by the
Women’s Circle has increased over the past few years and a larger
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facility is needed. However, the Land Development Regulations were
recently revised to address non-profit agencies in commercial zoning
districts, and a social service agency is no longer a use that is permitted
in the C-3 zoning district. The existing use on site is now considered a
valid nonconforming use and expansion is not allowed. The new use
category “Social Service Agency” is a permitted use only in the C-1 and
C-2 zoning districts. Therefore, the applicant is proposing to rezone the
subject lots from C-3 to C-2 (see REZN 14-003) concurrent with their
request for a major site plan modification. If rezoned to C-2, the current
social service agency will become a conforming use that can expand.
Proposed is a 4,581 square foot building addition to the current 1,150
square foot office for a total building size of 5,731 square feet. Other site
improvements include a 15-space on-site parking lot (including one (1)
handicap accessible space), site lighting, landscaping and irrigation, and
public art.
ANALYSIS
Concurrency:
Traffic:
A traffic statement for the proposed project was sent to the Palm Beach
County Traffic Division for concurrency review in order to ensure an
adequate level of service. A traffic concurrency approval letter has not
been received to date. However, the proposed project is located within the
designated Boynton Beach Traffic Concurrency Exception Area (TCEA),
and would therefore meet the Traffic Performance Standards (TPS) of
taff recommends that traffic concurrency approval
Palm Beach County. S
from Palm Beach County Traffic Engineering be required prior to the
issuance of a building permit for the project (see Exhibit “C” – Conditions
of Approval).
School:
School concurrency is not required for this type of project.
Utilities:
The City’s water capacity, as increased through the purchase of up to 5
million gallons of potable water per day from Palm Beach County Utilities,
would meet the projected demand for potable water for this project.
Sufficient sanitary sewer and wastewater treatment capacity is also
currently available to serve the project, subject to the applicant making a
firm reservation of capacity, following site plan approval.
Police / Fire:
Staff reviewed the site plan and determined that current staffing
levels would be sufficient to meet the expected demand for
services.
Drainage:
Conceptual drainage information was provided for the City’s review. The
Engineering Division has found the conceptual information to be
adequate and is recommending that the review of specific drainage
solutions be deferred until time of permit review.
Vehicular Access:
The site plan (Sheet A1.01) shows that one (1) primary point of
ingress/egress is proposed for the new building. The proposed driveway
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opening from SE 4 Street is located on the adjacent lot south of the
existing Women’s Circle building. This access point is 24 feet wide and
provides 2-way access to the proposed parking lot on site. Vehicular
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traffic will access the parking lot with a right-in and right-out movement.
Circulation:
Vehicular movement from the driveway would include two-way circulation
that continues throughout the parking lot. Pedestrian connectivity would
be provided on site via a proposed six (6) foot wide walkway that would
extend along the north side of the parking lot, and connect with the
existing six (6) foot wide sidewalk along SE 4th Street. The proposed
walkway also provides handicapped accessibility from the parking lot to
the proposed entry porch. A covered bike rack is also proposed on the
south side of the existing building, adjacent to the proposed walkway.
Parking:
The site plan (Sheet A1.01) proposes a total of 5,731 square feet of office
building, which would require a minimum of 19 parking spaces. The
required number of parking spaces for office use is based upon the
standard of one (1) parking space per 300 square feet of building. The
site plan depicts 15 on-site parking spaces, including one (1) designated
for handicap use. The remaining four (4) parking spaces are on-street
parallel parking spaces in front of the subject property that were approved
to be off-site by a variance (ZNCV 09-002). In addition, the mutual
parking agreement with the City for overflow parking is still in effect. All
proposed parking stalls, including the size and location of the handicap
space, were reviewed and approved by both the Engineering Division and
Building Division. In addition, all necessary traffic control signage and
pavement markings will be provided to clearly delineate areas on site and
direction of circulation.
Landscaping:
The landscape plan (Sheet L-1) indicates compliance with the required
minimum buffers around the perimeter of the site. A five (5)-foot wide
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buffer is proposed adjacent to SE 4 Street and along the north and east
property lines. Along the south property line, the landscape plan
indicates a 10-foot wide buffer that includes a six (6)-foot high masonry
buffer wall with stucco and paint to match the building. The wall will have
decorative columns and caps to comply with the “monotony restrictions”
of the LDR, as well as Green Buttonwood trees 16 feet in height and a
Florida Privet hedge at 36 inches in height planted along the exterior of
the wall.On the interior of the wall, the south buffer will consist of
Jamaica Caper four (4) feet in height with a Cocoplum hedge and Golden
Creeper groundcover. The landscaping scheme provides Crape Myrtle,
Magnolia, and Christmas palm trees, as well as Green Buttonwood trees.
Typical shrubs would include Jatropha, Ixora, Cocoplum, Florida Privet,
and variegated Trinette. Groundcovers would include a variety of Holly
Fern, Angelwing Begonia, Blueberry Flax Lily, Green Island Ficus,
English Ivy, and Gold Lantana.
The pervious area would total 34% of the entire site and consist of
landscaped and open space areas. The landscape code requires that
50% or more of the plant material be native species or low to medium
water demand varieties. The plant list (Sheet L-1) indicates that 59% of
the trees would be native species. Also, the landscape plan indicates that
a total of 100% of shrubs would be categorized as low to medium water
demand. The code also limits the use of sod to larger open spaces for
passive or active recreation purposes, as well as swales, water detention
and retention areas, in an effort to reduce water consumption. The
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applicant has reduced the amount of sodded areas from the original
submittal, limiting placement to the rear yard play area.
Building and Site:
The proposed building addition is designed as a one (1)-story structure
with two (2) parapet walls at varying heights to provide architectural
character to the front of the structure. The proposed building placement
complies with the build-to line requirements of commercial property within
the Urban Commercial District Overlay Zone, which are zero to 15 feet for
the front, sides, and rear yard when abutting other commercially-zoned
properties. The proposed building would be setback five (5) feet from the
front (west) and side (north) property lines, 15 feet from the rear (east)
property line, and 80 feet from the side (south) property line. The floor
plan (Sheet A2.01) indicates the existing structure is designated as office
space and the proposed building addition is designed to be utilized for
sewing and computer classes, tutoring, offices, and several rooms
designated as multi-purpose space.
Building Height:
The one-story building elevations (Sheet A3.01) indicate the mean roof
height would be 15 feet, with the entry parapet wall at 16 feet and the
highest point of the cupola with skylight at 20 feet, in compliance with the
maximum of 25 feet allowed in the C-2 zoning district, and also
compatible with the maximum 25 feet allowable height of the residential
district to the west.
Design:
The proposed addition will utilize Mission style architecture and
incorporate the existing office building façade, replacing a small covered
entry with a large arcaded entry porch. The use of decorative parapet
roofs atop arched doors and windows with smooth stucco walls and a
neutral color palette resembles an old Spanish mission church. Other
decorative exterior building features include large square pillars, the
signature Mission style quatrefoil window, a cupola with a dome-shaped
skylight, mullioned windows with dark gray shutters “Iron Ore” - SW 7069,
and arched windows adorned with planters and sconces. According to
the “Materials Schedule” (Sheet A3.01), the main body paint color of the
building would be medium beige “Sand” – SW 7529. The base accent
color for the building is proposed as dark beige “Latte” – SW 6108. The
accent color of the cornice and trim above would be off-white “Summer
White” – SW 7557, and entry doors red “Stop” (SW 6869). The
elevations show that the pitched roof would vary in height to give
architectural character to the building.
Public Art:
A location for public art is designated on the site plan at the southwest
corner of the building visible from the street. The applicant has indicated
they have not selected the proposed artwork or artist at this time. The
proposed development of the site is anticipated to cost $1 million, which
places the value of any artwork for the site at approximately $10,000.
Ultimate review and approval of the artist and artwork would be under the
purview of the Arts Commission.
Site Lighting:
The photometric plan (Sheet A1.02) proposes a total of five (5)
freestanding lights in the parking lot. The freestanding lights would
consist of concrete poles 15 feet in height with single light fixtures
that direct light down and away from adjacent properties and rights-
of-way. Additional exterior lighting would consist of four (4) building
mounted sconces on the front façade, and four (4) matching
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sconces on the rear building façade. These light poles and wall
fixtures were chosen to mitigate any light trespass onto the
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residential properties on the west side of SE 4 Street and there
should be no adverse impacts.
Building Elevations (Sheet A3.01) indicate w
Signage:
all signage would consist of a
small business identification sign of approximately 14 square feet in size
located above the front entryway. The site plan indicates an optional
monument sign near the access drive to the parking lot that will require a
minimum setback of 10 feet. The applicant may extend the six (6) foot
masonry buffer wall on the south property line to parallel with the street
and add signage to the wall in lieu of the monument sign. All proposed
signage will be designed to be in harmony with the architecture and
building materials and colors. Signage will also be externally illuminated
and minimal in size to be compatible with the area.
RECOMMENDATION
The Development Application Review Team (DART) has reviewed this request for major
site plan modification and recommends approval contingent upon approval of the
concurrent request for rezoning (REZN 14-003) and upon satisfying all comments
indicated in Exhibit “C” – Conditions of Approval. Any additional conditions
recommended by the Board or City Commission shall be documented accordingly in the
Conditions of Approval.
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EXHIBIT “C” – CONDITIONS OF APPROVAL
Project Name: The Women’s Circle
File Number: MSPM 14-003
Reference: 2ndreview plans identified as a Major Site Plan Modification with a June 10,
2014 Planning and Zoning Department date stamp marking.
DEPARTMENTS INCLUDREJECT
E
ENGINEERING DIVISION
Comments:
1. At time of permitting, revise survey to provide information or at least
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indicate by which instrument the ½ half of SE 4 Street lessened the √
property line from 127.21 feet to 97.21 feet.
2. At time of permitting, revise plan set cover sheet to include an index
of drawings (include boundary survey in index). √
FIRE
Comments: None (all previous comments have been addressed).
POLICE
Comments: None (all previous comments have been addressed).
BUILDING DIVISION
Comments:
3. Please note that changes or revisions to these plans may generate
additional comments. Acceptance of these plans during the DART
(Development Application Review Team) process does not ensure √
that additional comments may not be generated by the Commission
and at permit review.
4. Buildings, structures, and parts thereof shall be designed to withstand
the minimum wind loads of 170 mph. Wind forces on every building
or structure shall be determined by the provisions of ASCE 7 and the √
provisions of 2010 FBC, Section 1609 (Wind Loads)..
5. At time of permit review, submit signed and sealed working drawings
of the proposed construction. √
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DEPARTMENTS INCLUDREJECT
E
6. At time of permit review, submit separate surveys of each lot, parcel,
or tract. √
7. Pursuant to approval by the City Commission and all other outside
agencies, the plans for this project must be submitted to the Building
Division for review at the time of permit application submittal. The √
plans must incorporate all the conditions of approval as listed in the
development order and approved by the City Commission.
8. The full address of the project shall be submitted with the construction
documents at the time of permit application submittal. The
addressing plan shall be approved by the United States Post Office,
the City of Boynton Beach Fire Department. The City’s GIS Division,
and the Palm Beach County Emergency 911.
a. Palm Beach County Planning, Zoning, & Building Division, 2300 √
N. Jog Road, West Palm Beach, Florida 33411-2741 (Sean
McDonald – 561-233-5016)
b. United States Post Office, Boynton Beach (Michelle Bullard – 561-
734-0872)
9. The north wall of the new addition shall be of fire rated construction
per Table 602 of the 2010 FBC, Building Volume. The minimum
required fire rating is based on the type of construction as defined in √
Section 602 of the FBC, Building Volume.
RECREATION AND PARKS
No comments.
FORESTER/ENVIRONMENTALIST
No comments.
PLANNING AND ZONING
10. Approval of this project is contingent upon the approval of the
accompanying request for rezoning (REZN 14-002). √
11. The Unity of Title is required to be revised by having the document signed
by the authorized principal for The Women’s Circle. The revised unity of
title is required to be recorded prior to the issuance of a building permit for
√
this project.
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DEPARTMENTS INCLUDREJECT
E
12. A letter of approval from Palm Beach County Traffic Engineering
Division for traffic concurrency based on the submitted traffic √
statement will be required prior to issuing any permit for this project.
13. At time of permitting, revise survey to correct address of adjacent
property to north and add property information for adjacent property to √
east and south.
14. Add information about adjacent properties on site plan and landscape
plan (future land use, zoning district, and current use). √
15. At time of permitting, revise detail of the covered bike rack to the plans to
include color and materials. Bicycle racks can be located in areas that are
enclosed or roofed, or otherwise designed with solid covering, either inside
the building (e.g., foyer) or outside and placed in close proximity to the
√
project entrance while still maintaining safe and accessible building ingress
and egress.
16. At time of permitting add the following notes to the photometrics plan:
The design, style, and illumination level shall be compatible with the
building design (height) and shall consider safety, function, and
aesthetic value. A minimum average light level of one (1) foot candle
shall be provided, with no more than 10% of the spot readings below √
one (1) foot candle and none below ½ foot candle. Lighting shall not
be of an intensity that produces glare on adjacent property. Feature
lighting emphasizing plants, trees, barriers, entrances, and exits is
encouraged.
17. At time of permitting, revise the Building Elevations to correct rear
elevation (arrows for 2 and 3 both point to trim on building, and one is √
listed as trim and other as accent).
18. The removal/relocation of landscape material is subject to review and
approval of the City Forester/Environmentalist (prior to any √
removal/relocation).
19. At time of permitting, revise detail of proposed decorative masonry
buffer wall to include minimum 6 feet in height. √
20. At time of permitting, revise building elevations to depict a second
base wall color below the scoreline/watertable. √
21. Identify on landscape plan what plant material will be inside the 3
planters. √
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DEPARTMENTS INCLUDREJECT
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22. At time of permitting, revise site plan and landscape plan to include
location and setback of proposed signage. √
COMMUNITY REDEVELOPMENT AGENCY
Comments: None
PLANNING & DEVELOPMENT BOARD CONDITIONS
No additional conditions.
ADDITIONAL CITY COMMISSION CONDITIONS
To be determined.
MWR/kz
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DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: The Women’s Circle (MSPM 14-003)
APPLICANT: Sister Lorraine Ryan, The Women’s Circle, Inc.
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APPLICANT’S ADDRESS: 912 SE 4 Street, Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 19, 2014
APPROVAL SOUGHT: Major site plan modification to expand an existing social
service agency consisting of a one-story addition of 4,581
square feet and related site improvements, located at 910-
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918 SE 4 Street.
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LOCATION OF PROPERTY: 910-918 SE 4 Street
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
___ 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 “C” 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: _______________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
DATED:__________________________ _____________________________________________
City Clerk
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9. E
PUBLIC HEARING
August 19, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
August 19, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
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DMINISTRATIVEEW USINESS
AI
GENDA TEM
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
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ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO.14-016 - FIRST
EQUESTED CTION BY ITY OMMISSION
READING - PUBLIC HEARING - Approve request for Family Dollar rezoning (REZN 14-004) of
portion of subject property from R-2 (Single- and Two-Family Residential District) to C-2
(Neighborhood Commercial District), located at 1010 N. Seacrest Boulevard. Applicant: Paul
Tremblay, BOOS Redevelopment Group Ltd.
NOTE: THE SECOND AND FINAL PUBLIC HEARING OF THIS ORDINANCE WILL BE
SEPTEMBER 3, 2014.
ER:
This request for rezoning aims to eliminate split zoning on
XPLANATION OF EQUEST
one of the four parcels assembled for a proposed development of Family Dollar (a
discount retailer) store in the Heart of Boynton Redevelopment Area. Part of the parcel
is zoned R-2 (Single- and Two-Family Residential District) and the other part C-2
(Neighborhood Commercial District). In order to proceed with redevelopment, the
applicant is requesting to rezone the subject property to C-2, consistent with the greater
project area and required for the proposed use.
The city has a number of parcels with split zoning. This situation may have been
created in the past through planned area-wide rezonings or through subdivision of
properties. The split does not extend to the underlying future land use classification,
which is uniformly Local Retail Commercial (LRC).
The proposed rezoning from R-2 to C-2 is more than just “house cleaning,” since (1) the
proposed use is not allowed in the R-2 district, and (2) R-2 zoning is incompatible with
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the LRC land use classification, which has only two corresponding zoning districts, C-2
and C-3.
The request is consistent with both the original (2001), and recently updated Heart of
Boynton Community Redevelopment Plans. Both recommend a commercial node at the
southeast corner of Martin Luther King, Jr. Boulevard and Seacrest Boulevard. The
proposed rezoning supports expansion of development to include the entire block,
embracing a scale that is both economically feasible for the developer and needed by
the Heart of Boynton community.
The Planning and Development Board recommended this request for approval on July
22, 2014.
H?
No impact on City programs or
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
services.
FI:
The project would generate approximately $8,000 of annual revenues in
ISCAL MPACT
ad valorem taxes and fire assessment. The estimate of total annual fees for water,
sewer, and stormwater is $1,787. The necessary services can be provided within the
existing capacity of the respective city departments: no additional capital outlays or
increased staffing would be required.
A:
None recommended
LTERNATIVES
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ORDINANCE NO. 14-016
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
REGARDING THE APPLICATION OF PAUL TREMBLAY OF BOOS
DEVELOPMENT GROUP, LTD., AMENDING ORDINANCE 02-013
TO REZONE A PARCEL OF LAND LOCATED ON THE
SOUTHEAST CORNER OF NORTH SEACREST BOULEVARD AND
MARTIN LUTHER KING JR. BOULEVARD, AS MORE FULLY
DESCRIBED HEREIN, FROM SINGLE AND TWO-FAMILY
RESIDENTIAL DISTRICT (R-2) TO NEIGHBORHOOD
COMMERCIAL (C-2); PROVIDING FOR CONFLICTS,
SEVERABILITY, AND AN EFFECTIVE DATE
.
WHEREAS,
the City Commission of the City of Boynton Beach, Florida has adopted
Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and
WHEREAS,
Paul Tremblay of BOOS Development Group Ltd., has filed a petition on
behalf of the owner, Family Dollar, to rezone a parcel of land more particularly described
hereinafter; and
WHEREAS,
the City Commission, following required notice, conducted a public hearing
to consider the rezoning and heard testimony and received evidence which the Commission finds
supports a rezoning for the property hereinafter described; and
WHEREAS
, the City Commission finds that the proposed rezoning is consistent with the
Land Use described in the City’s Comprehensive Plan; and
WHEREAS,
the City Commission deems it in the best interests of the inhabitants of said
City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
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 following described land located on the Southeast corner of North
Seacrest Boulevard and Martin Luther King Jr. Boulevard, as more fully described herein, is
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hereby rezoned from Single and Two-Family Residential District (R-2) to Neighborhood
Commercial District (C-2):
LOTS 1 AND 2, BLOCK 5, PALM BEACH COUNTRY CLUB ESTATES, ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK 11, PAGE 43, OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA ALSO DESCRIBED AS FOLLOWS:
COMMENCING AT AN IRON ROD AT THE SOUTHEAST CORNER OF LOT 2, BLOCK 5,
PALM BEACH COUNTRY CLUB ESTATES, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 11, PAGE 43, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, RUN NORTH 89°59'35" WEST ALONG THE SOUTHERLY LINES OF
SAID LOT 2 AND OF LOT 1IN SAID BLOCK 5 FOR A DISTANCE OF 100 FEET TO AN IRON
ROD AT THE SOUTHWEST CORNER OF SAID LOT 1AND A POINT ON THE EASTERLY
RIGHT OF WAY LINE OF SEACREST BOULEVARD; THENCE RUN NORTH 1°35'35" WEST
ALONG THE EASTERLY RIGHT OF WAY LINE OF SEACREST BOULEVARD AND ALONG
THE WESTERLY LINE OF SAID LOT FOR A DISTANCE OF 120 FEET TO AN IRON ROD AT
THE NORTHWEST CORNER OF SAID LOT 1; THENCE RUN SOUTH 89°59'35" EAST ALONG
THE NORTHERLY LINE OF SAID LOTS 1AND 2 AND ALONG THE SOUTHERLY RIGHT OF
WAY OF NORTHEAST 10TH AVENUE FOR A DISTANCE OF 100 FEET TO AN IRON ROD
AT THE NORTHEAST CORNER OF SAID LOT 2; THENCE RUN SOUTH 1°35'35" EAST
ALONG THE EASTERLY LINE OF SAID LOT 2 FOR A DISTANCE OF 120 FEET TO THE
POINT OF BEGINNING.
LESS AND EXCEPT THAT PARCEL OF LAND FOR ROAD RIGHT OF WAY PURPOSES IN
SECTION 21,TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF LOTS 1 AND 2, BLOCK 5, PALM BEACH COUNTRY CLUB
ESTATES, AS RECORDED IN PLAT BOOK 11, PAGE 43, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, LYING WEST OF THE PROPOSED EASTERLY RIGHT OF WAY
LINE AS SHOWN ON THE RIGHT OF WAY MAP OF SEACREST BOULEVARD AS
RECORDED IN ROAD BOOK 5, PAGES 179 THROUGH 183, OF SAID PALM BEACH
COUNTY RECORDS.
A location map is attached hereto as Exhibit “A” and made a part of this Ordinance by reference.
Section 3. That the Zoning Map of the City is amended to reflect this rezoning.
Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 5. 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 6. This ordinance shall become effective immediately upon passage.
th
FIRST READING this 19 day of August, 2014.
SECOND, FINAL READING and PASSAGE this _____ day of ___________, 2014.
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CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Joe Casello
______________________________
Commissioner – David T. Merker
_____________________________
Commissioner – Mack McCray
______________________________
ATTEST: Commissioner – Michael M. Fitzpatrick
_______________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 14-018
STAFF REPORT
TO: Chair and Members
Planning and Development Board
THRU: Michael Rumpf
Planning and Zoning Director
FROM: Hanna Matras, Senior Planner
DATE: July 2, 2014
PROJECT: Family Dollar
REZN 14-004
REQUEST: Approve request for Family Dollar rezoning (REZN 14-004) of
portion of subject property from R-2 Single- and Two-Family
Residential District to C-2 Neighborhood Commercial District
________________
PROJECT DESCRIPTION
Property Owner: Family Dollar
Applicant: Paul Tremblay/BOOS Development Group Ltd
Location: Southeast corner of N. Seacrest Blvd and Martin Luther King Jr.
Blvd (Exhibit “A”)
Existing Land Use/
Zoning: Local Retail Commercial (LRC) / R-2 Single- and Two-Family
Residential District
Proposed Land Use/
Zoning: No change in Land Use / C-2 Neighborhood Commercial District
Proposed Use: Retail
Acreage: +/- 0.13 acre
Adjacent Uses:
North: The right-of-way of Martin Luther King, Jr Boulevard, further north a developed
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property (a church) and three vacant parcels, all classified Local Retail
Commercial and zoned C-2 Neighborhood Commercial District.
South: The right-of-way of NE 9th Avenue, further south a developed property (St. John
Missionary Baptist Church), classified Public and Private
Governmental/Institutional, and zoned R-2, Single- and Two-Family Residential
District.
East: To the northeast, a vacant property classified Local Retail Commercial and
zoned C-2 Neighborhood Commercial District; to the southeast, a vacant
property classified Medium Density Residential and zoned R-2, Single- and Two-
Family Residential District.
West: The right-of-way of N. Seacrest Boulevard; further southwest, a developed
property classified High Density Residential and zoned R-3, Multi-Family
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Residential District; northwest, the right-of-way of NW 9 Court.
BACKGROUND
The subject property is one of the four parcels assembled for the proposed development of Family Dollar
(a discount retailer) store. The parcel is currently developed with a single-family home and has split
zoning—part of it is zoned R-2, Single- and Two-Family Residential District and the other part C-2,
Neighborhood Commercial District. In order to proceed with redevelopment, the applicant is requesting to
rezone the subject property, consistent with the greater project area and required for the proposed use.
The City has a number of parcels with split zoning. This situation may have been created in the past
through planned area-wide rezonings or through subdivision of properties. There are no clear provisions
in the Land Development Regulations regarding development of such parcels; however, the proposed
rezoning is more than just a “house cleaning” since the proposed use is not allowed in the R-2 district.
Note that even though the parcel has split zoning, the underlying future land use classification is uniformly
Local Retail Commercial. The current R-2 zoning is incompatible with this classification: the only two
corresponding zoning districts are C-2 and C-3 (Community Commercial District).
REVIEW BASED ON CRITERIA
The criteria used to review Comprehensive Plan amendments and rezonings are listed
in the Land Development Regulations, Chapter 2, Article II, Section 2.B and Section
2.D.3. These criteria are required to be part of a staff analysis when the proposed
change includes an amendment to the Comprehensive Plan Future Land Use Map
(FLUM) or a rezoning.
v. Demonstration of Need. A demonstration of need may be based upon changing
conditions that represent a demand for the proposed land use classification and
zoning district. Appropriate data and analysis that adequately substantiates the
need for the proposed land use amendment and rezoning must be provided within
the application.
As explained in Background, one of the three parcels included in the property to be developed has split
zoning. In order to proceed, the applicant is requesting a rezoning to match the C-2 zoning on the
remaining part of the property and the underlying Local Retail Commercial future land use classification.
Assembly of the three parcels supports a scale of development that is economically feasible for the
developer and redevelopment that is sorely needed by the Heart of Boynton community.
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w. Consistency. Whether the proposed Future Land Use Map amendment (FLUM)
and rezoning would be consistent with the purpose and intent of, and promote, the
applicable Comprehensive Plan policies, Redevelopment Plans, and Land
Development Regulations.
The proposed rezoning is consistent with both the original (2001), and recently updated Heart of Boynton
Community Redevelopment Plans. Both recommend a commercial node at the southeast corner of Martin
Luther King, Jr. Boulevard and Seacrest Boulevard, although the updated recommendation is to expand
and intensify potential development allowing larger retail businesses (the 2001 Plan suggested low
intensity neighborhood commercial uses in the subject location). The proposed rezoning supports
expansion of development to include the entire block.
x. Land Use Pattern. Whether the proposed Future Land Use Map amendment
(FLUM) and rezoning would be contrary to the established land use pattern, or
would create an isolated zoning district or an isolated land use classification
unrelated to adjacent and nearby classifications, or would constitute a grant of
special privilege to an individual property owner as contrasted with the protection of
the public welfare. This factor is not intended to exclude FLUM reclassifications and
rezonings that would result in more desirable and sustainable growth for the
community.
The proposed rezoning would not create an isolated zoning district, and it will be
consistent with the current underlying future land use, Local Retail Commercial.
y. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM)
and rezoning would support the integration of a mix of land uses consistent with the
Smart Growth or sustainability initiatives, with an emphasis on 1) complementary
land uses; 2) access to alternative modes of transportation; and 3) interconnectivity
within the project and between adjacent properties.
The proposed neighborhood commercial zoning is complementary to the surrounding properties
with residential zoning, as the use will serve the local population. There is access to public
transportation through the Palm Tran bus route, which runs along Seacrest Boulevard.
z. Availability of Public Services / Infrastructure. All requests for Future Land Use
Map amendments shall be reviewed for long-term capacity availability at the
maximum intensity permitted under the requested land use classification.
This request is for rezoning only.
Since the property is located within a TCEA (Transportation Concurrency Exception Area),
traffic generation data for the project will be forwarded to the Palm Beach County Traffic
Division as an informational item only. Drainage will be reviewed in detail as part of the site
plan, land development, and building permit review processes.
aa. Compatibility. The application shall consider the following factors to determine
compatibility:
(1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning
would be compatible with the current and future use of adjacent and nearby
properties, or would negatively affect the property values of adjacent and nearby
properties; and
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(2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning
is of a scale which is reasonably related to the needs of the neighborhood and the
City as a whole.
(5) The proposed rezoning would be compatible with the current and future land use
of adjacent and nearby properties, and it will be compatible with the underlying
future land use classification, Local Retail Commercial. Staff anticipates that the
project will have a positive effect on values of adjacent properties.
(6) The requested rezoning supports the project’s scale that is economically feasible
for the developer and redevelopment that is sorely needed by the Heart of
Boynton community.
bb.Direct Economic Development Benefits. For rezoning/FLUM amendments
involving rezoning to a planned zoning district.
N/A
cc. Economic Development Impact Determination for Conventional Zoning
Districts. For rezoning/FLUM amendments involving rezoning to a conventional
zoning district, the review shall consider whether the proposal would further
Economic Development Program, but also determine whether the proposal would:
(1) Represent a potential decrease in the possible intensity of development,
given the uses permitted in the proposed land use category and/or zoning district; and
(2) Represent a potential decrease in the number of uses with high probable
economic development benefits.
The proposed rezoning represents an increase in both, and clearly promotes economic
development through job creation. The project has a potential to bring more commercial
development to the area.
dd.Commercial and Industrial Land Supply. The review shall consider whether the
proposed rezoning/FLUM amendment would reduce the amount of land available for
commercial/industrial development. If such determination is made, the approval can
be recommended under the following conditions:
(1) The size, shape, and/or location of the property makes it unsuitable for
commercial/industrial development; or
(2) The proposed rezoning/FLUM amendment provides substantiated evidence of
satisfying at least four of the Direct Economic Development Benefits listed in
subparagraph “g” above; and
(3) The proposed rezoning/FLUM amendment would result in comparable or higher
employment numbers, building size and valuation than the potential of existing land
use designation and/or rezoning.
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The proposed rezoning would increase the amount of land available for commercial
development.
ee. Alternative Sites. Whether there are adequate sites elsewhere in the City for the
proposed use in zoning districts where such use is already allowed.
N/A. The request addresses split zoning and incompatibility with underlying future
land use classification.
ff. Master Plan and Site Plan Compliance with Land Development Regulations.
When master plan and site plan review are required pursuant to Section 2.D.1.e
above, both shall comply with the requirements of the respective zoning district
regulations of Chapter 3, Article III and the site development standards of Chapter 4.
The concurrent site plan shall comply with said requirements.
RECOMMENDATION
The staff’s review of the proposed rezoning indicates that it will restrore the parcel’s
uniform zoning, address incompatibility with the undelying land use classification, and
allow a suitable scale for a project that implements recommendations of the Heart of
Boynton Community Redevelopment Plan. Therefore, staff recommends that the
subject request be approved.
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9. F
PUBLIC HEARING
August 19, 2014
COBB
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GENDA TEM EQUEST ORM
CMD:
August 19, 2014
OMMISSION EETING ATE
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ETTLEMENTS
RACC:
Approve request for New Site Plan to construct a
EQUESTED CTION BY ITY OMMISSION
one-story, 8,136 square foot retail building and related site improvements, on a 0.80-acre parcel
located at 1010 North Seacrest Boulevard. Applicant: Paul Tremblay, Boos Development Group,
Inc.
NOTICE: FOLLOWING THE CLOSE OF PUBLIC COMMENTS, FINAL ACTION WILL BE
TABLED TO THE SEPTEMBER 3, 2014 MEETING SO THAT ACTION IS TAKEN
CONCURRENT WITH FINAL ACTION ON REZONING ITEM.
ER:
The subject site is a collection of four (4) parcels totaling
XPLANATION OF EQUEST
0.80 acre and located within the Heart of Boynton Redevelopment Area, at the
southeast corner of MLK Boulevard and N. Seacrest Boulevard. Two of the parcels are
owned by the Community Redevelopment Agency (CRA) and the other two are owned
by private individuals. Paul Tremblay of Boos Development Group, Inc., is requesting
site plan approval to construct a one-story, 8,136 square foot retail building and related
site improvements for a new Family Dollar store. This request is combined with requests
for rezoning (REZN 14-004) and two community design plan appeals.
Staff recommends that this item be presented along with the corresponding request for
rezoning on August 19, 2014; however, action should be postponed until September 3,
2014 in order that it may be processed concurrent with second reading of the rezoning
request. The site plan for the project should not be approved prior to formal action being
taken on the rezoning of the site, and this timing will ensure that approval dates, if
supported by the Commission, will be the same for all related application items.
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The Planning & Development Board reviewed this item on July 22, 2014 and forwards it
with a recommendation for approval.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
None recommended.
LTERNATIVES
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 14-022
STAFF REPORT
TO: Chair and Members
Planning and Development Board and City Commission
THRU: Michael Rumpf
Planning and Zoning Director
FROM: Ed Breese
Principal Planner
DATE: July 7, 2014
PROJECT NAME/NO: Family Dollar Store / NWSP 14-003
REQUEST: New Site Plan
PROJECT DESCRIPTION
Property Owner:
Boos Development Group, Inc., contract purchaser
Applicant:
Paul Tremblay, Boos Development Group, Inc.
Location:
1010 N. Seacrest Boulevard (see Exhibit “A” – Location Map)
Existing Land Use:
Local Retail Commercial (LRC)
Existing Zoning:
Neighborhood Commercial (C2) / Duplex (R2)
Proposed Land Use:
No change proposed
Proposed Zoning:
Neighborhood Commercial (C2)
Proposed Use:
Request new site plan approval to construct a one-story, 8,136
square foot retail building and related site improvements.
Acreage:
0.80-acre (35,022 square feet)
Adjacent Uses:
North:
Right-of-way of MLK Boulevard, and farther north are several vacant lots
and a church, each with a Local Retail Commercial (LRC) future land use
classification, and zoned Neighborhood Commercial (C2);
th
South:
Right-of-way of NE 9 Avenue, and to the southeast a vacant lot with a
Medium Density Residential (MEDR) future land use classification, and
zoned Duplex (R2);
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East:
Vacant lots and farther east a small retail center, each with a Local Retail
Commercial (LRC) future land use classification, and zoned
Neighborhood Commercial (C2); and
West:
Right-of-way for Seacrest Boulevard, and farther west is a City-owned
park and small retail building, with Medium Density Residential (MEDR)
and High Density Residential (HDR) future land use classifications
respectively, and zoned Duplex (R2) and Multi Family (R3) respectively.
Site Details:
The subject site is a collection of four (4) parcels totaling 0.80-acre and
located within the Heart of Boynton Redevelopment Area, at the
southeast corner of MLK Boulevard and N. Seacrest Boulevard. Two of
the parcels are owned by the Community Redevelopment Agency (CRA)
and the other two are owned by private individuals.
BACKGROUND
Proposal:
Paul Tremblay of Boos Development Group, Inc., is requesting site plan
approval to construct a one-story, 8,136 square foot retail building and
related site improvements for a new Family Dollar store.
ANALYSIS
Concurrency:
Traffic: A traffic study for the proposed project was sent to the Palm Beach
County Traffic Division for concurrency review in order to ensure an
adequate level of service. The study anticipates an additional three
(3) AM peak hour vehicle trips and 40 additional PM peak hour
trips. A traffic concurrency approval letter has not been received as
of the preparation of this report. No building permits will be issued
until such time as the concurrency approval letter is received (see
Exhibit “C” – Conditions of Approval).
School:
School concurrency is not required for this type of project.
Utilities:
The City’s water capacity, as increased through the purchase of up to 5
million gallons of potable water per day from Palm Beach County Utilities,
would meet the projected potable water for this project. Sufficient
sanitary sewer and wastewater treatment capacity is also currently
available to serve the project, subject to the applicant making a firm
reservation of capacity, following site plan approval.
Police / Fire:
Staff reviewed the site plan and determined that current staffing
levels would be sufficient to meet the expected demand for
services.
Drainage:
Conceptual drainage information was provided for the City’s review. The
Engineering Division has found the conceptual information to be
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adequate and is recommending that the review of specific drainage
solutions be deferred until time of permit review.
Vehicular Access:
The site plan (Sheet C3) shows that two (2) primary points of
ingress/egress are proposed for the new building. The first, a right-
in/right-out driveway opening from Seacrest Boulevard, would occur near
the middle of the parcel, immediately south of the building. A second point
of ingress/egress would be a full driveway opening along MLK Boulevard,
near the east corner of the site. The requirements for a dumpster and
truck loading zone have been reviewed and approved by the Engineering
Division with the submittal of truck turning radius diagrams by the
applicant.
Circulation:
Vehicular circulation from each driveway would include two-way
circulation that continues throughout the parking lot. Pedestrian
connectivity would be provided on site via sidewalks on three (3) sides of
the building, with the building entrance abutting the proposed widened
sidewalk area along MLK Boulevard.
Parking:
The site plan (Sheet C3) proposes a 8,136 square foot retail building,
which would typically require 41 parking spaces, based upon the standard
of one (1) parking space per 200 square feet of building for retail uses.
However, the site is located within the MLK Overlay Zone, which allows a
reduction of 50% of the required parking, to account for anticipated
walking traffic and on-street parking. The result is the need for 21 spaces.
The site plan depicts the provision of 25 parking spaces, including two (2)
designated for handicap use. All proposed parking stalls, including the
size and location of the handicap space, were reviewed and approved by
both the Engineering Division and Building Division. In addition, all
necessary traffic control signage and pavement markings will be provided
to clearly delineate areas on site and direction of circulation.
Landscaping:
The landscape plan (Sheet L1) indicates compliance with the required
minimum buffers around the perimeter of the site. A seven (7)-foot wide
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buffer is proposed adjacent to Seacrest Boulevard and NE 9 Avenue,
and a five (5)-foot wide buffer along the east property line, abutting a
vacant commercial lot. The applicant proposes to place the building close
to the north property line, in compliance with the MLK Overlay Zone
requirements and provide a couple landscape planters to enhance the
streetscape. Along the southeast property line, adjacent to a vacant
residential lot, the landscape plan indicates a 15-foot wide buffer that
includes a six (6)-foot high buffer wall. The wall will be planted on both
sides with cocoplum shrubs, as well as Live Oak trees on the interior of
the wall. The 15-foot wide buffer narrows at the northwest corner of the
vacant residential lot due to the drive aisle within the parking lot,
restricting the amount of landscape materials that can be planted. The
applicant has chosen to plant Simpson Stopper in this portion of the
buffer, whose growth characteristics allow it to be planted in narrow areas
because it grows vertical and can be maintained as a solid screen without
impacting the travel lane. Staff has added a condition of approval that the
Simpson Stopper be allowed to grow well above the six (6)-foot wall to
achieve the desired buffer effect (see Exhibit “C” – Conditions of
Approval). The overall landscape scheme will consist of Live Oak,
Pigeon Plum, Silver Buttonwood and Geiger trees, and Royal, Sabal,
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Solitaire and Alexander palm trees. Typical shrubs would include
Cocoplum, Silver Buttonwood, Schefflera Arboricola, Indian Hawthorne
and Crinum Lily. Additionally, the applicant has designed the site
landscaping devoid of any sod, instead utilizing shrubs and groundcovers
with low water demand, in compliance with the City’s code regulations on
water conservation.
The pervious area would total 26% of the entire site and
consists of landscaped islands, foundation plantings and buffer areas.
The landscape code requires that 50% or more of the plant material be
native species or low to medium water demand varieties. The plant list
(Sheet L1) indicates that 76% of the trees and 73% of shrubs and
groundcovers would be categorized as native species.
Building and Site:
The proposed building is designed as a one (1)-story structure with
parapet walls at three (3) varying heights to provide architectural
character. The proposed building placement complies with the minimum
setbacks/build-to lines of the MLK Overlay Zone, which encourage the
building to be placed at the street to create/continue the urban feel
desired within the redevelopment plans for the area. The proposed
building would be setback five (5) feet from the north property line, which
provides for a widened sidewalk and pedestrian amenities such as a
bench, trash receptacle, bike rack and landscape planters. The building
would be setback between 12 and 14 feet along the west side (Seacrest
Boulevard) to provide room for a widened sidewalk and landscaping. The
east setback dimension against the vacant commercial property is 82 feet
and approximately 34 feet against the vacant residential lot. There is also
a six (6) foot tall wall with landscaping on both sides to provide a buffer
against the vacant residential lot at the southeast corner of the property.
Building Height:
The building elevations (Sheet R7.0) indicate the highest point of the
structure would be the parapet at the building entrance, at a height of 24
feet – 0 inches, with the typical parapet wall at 21 feet – 7 inches, and the
roof deck at a height of approximately 15 feet, below the maximum of 25
feet allowed height in the C2 zoning district.
Design:
The proposed building utilizes many similar design features as
other retail buildings, including neutral colors. According to the “Exterior
Finish Schedule” shown on Sheet R7.0, the main body paint colors of the
building would be a light khaki tan and medium tan “Wool Skein” – SW
6148 and “Camelback” – SW 6122 respectively. The base color for the
building is also proposed to be “Camelback” – SW 6122. The accent color
of the cornice and trim would be white “Spatial White” – SW 6259. The
north and west facades depict red standing seam metal canopies over
some of the windows. The elevations show that the parapet roof would
vary in height as intended to give architectural character to the building.
The building entry at the northeast corner, as well as the northwest corner
of the building are at 45 degree angles. Storefront glass is proposed at
the building entrance, and an eight (8) foot wide window flanks the
storefront entry on the north and east sides of the building. The applicant
proposes two (2) additional faux windows on the north side of the building
and four (4) faux windows on the west side of the building facing Seacrest
Boulevard. The design principals of the Land Development Regulations
(LDR), Chapter 4, Article III, Section 2.C.3. and the Urban Design
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Guidelines, Chapter IX, Façade, 2.i., require vision glass on facades
within the urban setting that have high pedestrian visibility. The LDR calls
for an “architecturally appropriate amount of transparency” on the first
level of a project that fronts on a street or sidewalk to achieve pedestrian
compatibility and adequate visual interest, while the Urban Design
Guidelines require 50% - 90% of window area to be made of transparent
materials. Staff continues to recommend for conversion of some of the
faux windows to transparent windows, but the applicant continues to
promote the use of the faux windows due to the interior layout of the sales
area. Staff indicated that it opposes having store fixtures and shelving in
front of the windows and that other retailers have placed shorter fixtures
below windows or created aisles in front of, or running parallel to the
windows to provide a view into the store. As a result, the applicant has
filed for a Community Design Plan Appeal concurrent with the site plan
request to allow the use of faux windows in lieu of transparent windows.
The applicant has filed a second Community Design Plan Appeal to LDR,
Chapter 4, Article III, Section 3.A.8. “Downspouts”, which requires
downspouts to be enclosed within the building structure or architectural
element when visible from areas accessible by the public on the property
and/or from adjacent public rights-of-way. The applicant has filed the
appeal based upon the cost associated with encasing the downspouts
and instead intends to paint the downspouts to match the color of the
building, “camouflaging their presence from the street” (see
corresponding report and analysis for CDPA 14-001 & 14-002).
Public Art:
The applicant has indicated they intend to pay the fee associated
with Art in Public Places in lieu of providing the art element on site.
Site Lighting:
The photometric plan (Sheet PH-1) proposes a total of five (5)
freestanding lights in the parking lot. The freestanding lights would
be concrete poles at a height of 22 feet and the light fixtures will be
dark bronze, with a flat lens and full cut-off feature to inhibit any
light spillage/trespass. Additional exterior lighting would be building
mounted at a height not to exceed 16 feet. The design will be
required to meet minimum light levels, while preventing glare or
spillage onto abutting properties.
Signage:
The applicant is proposing three (3) wall signs, one (1) over the
entry doors, one (1) on the north wall (facing MLK Boulevard) and one (1)
on the west wall (facing Seacrest Boulevard).Wall signage would consist
of multiple, internally-illuminated cabinet signs, composed of the words
“Family Dollar” and the corporate logo in white, red and orange. The LDR
allows signage on all facades, however, the calculation to determine
maximum allowable signage is based upon the linear front footage of the
building, multiplied by 1.5. This maximum allowance may then be divided
up and placed on various building walls as long as the cumulative of all
the signs square footage does not exceed the original calculation of the
maximum allowable signage. In this instance, the applicant has designed
more wall signage than is allowed by that calculation and is requesting a
variance concurrent with the site plan application. A variance may be
approved to allow an increase in sign area of up to 25% of the maximum
allowable. The City Commission “may grant a variance if it finds that the
unusual shape or topography of the property or other mitigating factors
(e.g., required landscape buffers), prevent signage allowable under the
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provisions of these Regulations from adequately identifying the business
or other activity located on such property”. In staff’s opinion, there is
nothing peculiar about this property which differentiates it from any other
corner lot in the City (see corresponding report and analysis for ZNCV 14-
001).
RECOMMENDATION
The Development Application Review Team (DART) has reviewed this request for new
site plan approval and recommends approval contingent upon satisfying all comments
indicated in Exhibit “C” – Conditions of Approval. Any additional conditions
recommended by the Board or approved by the City Commission shall be documented
accordingly in the Conditions of Approval.
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DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Family Dollar Store (NWSP 14-003)
APPLICANT: Paul Tremblay, Boos Development Group, Inc.
st
APPLICANT’S ADDRESS: 5789 NW 151 Street, Suite B, Miami Lakes, FL 33014
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 2, 2014
APPROVAL SOUGHT: New site plan approval for a one-story, 8,136 square foot
retail building and related site improvements for a new
Family Dollar store, zoned C2 (Neighborhood Commercial).
LOCATION OF PROPERTY: 1010 N. Seacrest Boulevard, SE corner of MLK and Seacrest
Boulevards.
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
___ 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 “C” 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: _______________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
DATED:__________________________ _____________________________________________
City Clerk
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9. G
PUBLIC HEARING
August 19, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
August 19, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
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A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
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ODE OMPLIANCE AND EGAL
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ETTLEMENTS
RACC:
Approve request for Community Design Plan
EQUESTED CTION BY ITY OMMISSION
Appeals (CDPA 14-001 & 14-002) in conjunction with the request to construct a one-story, 8,136
square foot retail building and related site improvements, on a 0.80-acre parcel located at 1010
North Seacrest Boulevard. Applicant: Paul Tremblay, Boos Development Group, Inc.
NOTICE: FOLLOWING THE CLOSE OF PUBLIC COMMENTS, FINAL ACTION WILL BE
TABLED TO THE SEPTEMBER 3, 2014 MEETING SO THAT FINAL ACTION IS TAKEN
CONCURRENTLY WITH FINAL ACTION ON THE ACCOMPANYING REZONING ITEM.
ER:
Paul Tremblay of Boos Development Group, Inc., is
XPLANATION OF EQUEST
requesting approval of two (2) Community Design Plan Appeals in association with the
request for New Site Plan approval to construct a one-story, 8,136 square foot retail
building and related site improvements for a new Family Dollar store. The first appeal
request is of the design principals of the Land Development Regulations (LDR), Chapter
4, Article III, Section 2.C.3. and the Urban Design Guidelines, Chapter IX, Façade, 2.i.,
which require vision glass on facades within the urban setting that have high pedestrian
visibility. The second appeal request is of Chapter 4, Article III, Section 3.A.8.
“Downspouts”, which requires downspouts to be enclosed within the building structure
or architectural element when visible from areas accessible by the public on the
property and/or from adjacent public rights-of-way.
Staff recommends that this item be presented along with the corresponding request for
rezoning (REZN 14-004) on August 19, 2014; however, action should be postponed
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until September 3, 2014 in order that it may be processed concurrent with second
reading of the rezoning request. The community design plan appeals for the project
should not be approved prior to formal action being taken on the rezoning of the site,
and this timing will ensure that approval dates, if supported by the Commission, will be
the same for the related application items.
This item has been advertised and such formal postponement is necessary to maintain
the validity of the legal notification process.
nd
The Planning & Development Board reviewed these requests on July 22, and forwards
them with a recommendation of approval.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
None recommended
LTERNATIVES
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 14-023
STAFF REPORT
TO: Chair and Members
Planning and Development Board and City Commission
THRU: Michael Rumpf
Planning and Zoning Director
FROM: Ed Breese
Principal Planner
DATE: July 9, 2014
PROJECT NAME/NO: Family Dollar Store / CDPA 14-001 & 14-002
REQUEST: Community Design Plan Appeals
Property Owner:
Boos Development Group, Inc., contract purchaser
Applicant:
Paul Tremblay, Boos Development Group, Inc.
Location:
1010 N. Seacrest Boulevard (see Exhibit “A” – Location Map)
Site Details:
The subject site is a collection of four (4) parcels totaling 0.80-acre and
located within the Heart of Boynton Redevelopment Area, at the
southeast corner of MLK Boulevard and N. Seacrest Boulevard. Two of
the parcels are owned by the Community Redevelopment Agency (CRA)
and the other two are owned by private individuals.
NATURE OF REQUEST
Paul Tremblay of Boos Development Group, Inc., is requesting approval
of two (2) Community Design Plan Appeals in association with the
request for New Site Plan approval to construct a one-story, 8,136 square
foot retail building and related site improvements for a new Family Dollar
store. The first appeal request is of the design principals of the Land
Development Regulations (LDR), Chapter 4, Article III, Section 2.C.3. and
the Urban Design Guidelines, Chapter IX, Façade, 2.i., which require
vision glass on facades within the urban setting that have high pedestrian
visibility. The second appeal request is of Chapter 4, Article III, Section
3.A.8. “Downspouts”, which requires downspouts to be enclosed within
the building structure or architectural element when visible from areas
accessible by the public on the property and/or from adjacent public
rights-of-way.
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BACKGROUND
The applicant met with staff on numerous occasions prior to formal
submittal of the New Site Plan for the Family Dollar Store. Staff
continually expressed the importance of the design of the building
and the necessity for the building to address both the MLK and
Seacrest Boulevard street frontages, provide vision glass on both
frontages, and address the “back-of-house” operations through
architectural detail and landscaping. The applicant’s design
improved with each subsequent session, working towards meeting
the objectives of the Heart of Boynton Redevelopment Plan, the
Urban Design Guidelines, and the Community Design regulations
within the Land Development Regulations (LDR). As the plans
evolved, the applicant indicated there were certain issues on which
they had no flexibility, such as the amount of vision glass required,
due to floor plan design and fixture placement, and enclosure of the
downspouts, due to the added cost. As staff retained these
comments throughout the review and as Conditions of Approval,
the applicant chose to file Community Design Plan Appeals for
these two (2) items.
ANALYSIS
In order to place the Community Design Plan Appeals in context, a
brief overview of the building design is warranted. The proposed
building utilizes many similar design features as other retail
buildings, including neutral colors. According to the “Exterior Finish
Schedule” shown on Sheet R7.0, the main body paint colors of the
building would be a light khaki tan and medium tan “Wool Skein” –
SW 6148 and “Camelback” – SW 6122 respectively. The base color
for the building is also proposed to be “Camelback” – SW 6122.
The accent color of the cornice and trim would be white “Spatial
White” – SW 6259. The north and west facades depict red standing
seam metal canopies over some of the windows. The elevations
show that the parapet roof would vary in height as intended to give
architectural character to the building. The building entry at the
northeast corner, as well as the northwest corner of the building are
at 45 degree angles. Storefront glass is proposed at the building
entrance, and an eight (8) foot wide window flanks the storefront
entry on the north and east sides of the building. The applicant
proposes two (2) additional faux windows on the north side of the
building and four (4) faux windows on the west side of the building
facing Seacrest Boulevard. The design principals of the Land
Development Regulations (LDR), Chapter 4, Article III, Section
2.C.3. and the Urban Design Guidelines, Chapter IX, Façade, 2.i.,
require vision glass on facades within the urban setting that have
high pedestrian visibility. The LDR calls for an “architecturally
appropriate amount of transparency” on the first level of a project
that fronts on a street or sidewalk to achieve pedestrian
compatibility and adequate visual interest, while the Urban Design
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Guidelines require 50% - 90% of window area to be made of
transparent materials.
Staff has recommended for conversion of some of the faux
windows to transparent windows, but the applicant continues to
promote the use
of the faux windows due to the interior layout of the
sales area. In their Justification Statement, the applicant states, “Due to
the interior layout of the sales area, the feasibility of providing storefront
windows that allow for full visibility into the store itself along the west
façade is not practical. Therefore, in an attempt to compromise, the west
façade has been revised to incorporate additional false windows as a
proposed alternate design to comply with the glazing requirements”. Staff
recognizes the fact that corporate operations tend to have limited
prototype buildings for new construction projects with an established
square footage and an associated fixture layout attached to each, in order
to maximize their product lines and sales, and any deviation from the
design typically meets with resistance. The fixture layouts do get modified
to some degree when corporate acquires pre-existing buildings and
retrofits them to meet their needs.
Throughout the site plan review process, staff indicated that it also did
not want to have store fixtures and shelving in front of the transparent
windows and that we are aware of other retailers who have placed shorter
fixtures below windows or created aisles in front of, or running
perpendicular to the windows to provide a view into the store, in order to
resolve staff comments. At this point, staff recommends that two (2) of the
faux windows proposed along the Seacrest Boulevard façade be
converted to transparent windows in compliance with the Community
Design regulations and Urban Design Guidelines, that no store fixtures
block the view into the store from any of the transparent windows
proposed for the building, and that the transparent glass windows
possess a minimum 60% – 80% light transmittance factor (no reflective
glass, no reflective coating, no blackout film).
The second Community Design Plan Appeal submitted by the applicant
relates to Chapter 4, Article III, Section 3.A.8. “Downspouts”, which
requires downspouts to be enclosed within the building structure or
architectural element when visible from areas accessible by the public on
the property and/or from adjacent public rights-of-way. There are four (4)
downspouts proposed on the south façade of the building. These
downspouts would be visible from the southerly parking lot, the sidewalk
th
along both Seacrest Boulevard and NE 9 Avenue and both street rights-
of-way. In their Justification Statement, the applicant states, “The request
is cost prohibited. In an effort to compromise, the rainwater
leaders/downspouts have been finished to match the building color,
camouflaging its presence from the street”. The applicant has also placed
two (2) Alexander Palms along the south building façade (as depicted on
Sheet R7.0), which may partially screen a couple of the downspouts. The
requirement for enclosing downspouts within the building structure or
architectural element has been a code requirement since the year 2010
and all projects, Major or Minor, have complied with the requirement. The
impetus behind the regulation is to provide a finished, architecturally
appealing building façade. This is the first appeal of this code provision,
and staff does not wish to set precedent, based upon the applicant’s
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claim of expense, when smaller projects than this one have complied with
the requirements. Therefore, staff recommends denial of the appeal of the
requirement to enclose the downspouts.
RECOMMENDATION
Staff has reviewed these requests for Community Design Plan Appeal and recommends
denial of the two (2) appeals.
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DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Family Dollar Store (CDPA 14-001 & 14-002)
APPLICANT: Paul Tremblay, Boos Development Group, Inc.
st
APPLICANT’S ADDRESS: 5789 NW 151 Street, Suite B, Miami Lakes, FL 33014
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 2, 2014
APPROVAL SOUGHT: Request for Community Design Plan Appeal approval of
Chapter 4, Article III, Section 2.C.3. and the Urban Design
Guidelines, Chapter IX, Façade, 2.i., which require vision
glass on facades within the urban setting that have high
pedestrian visibility, and Chapter 4, Article III, Section
3.A.8. “Downspouts”, which requires downspouts to be
enclosed within the building structure or architectural
element when visible from areas accessible by the public
on the property and/or from adjacent public rights-of-way.
LOCATION OF PROPERTY: 1010 N. Seacrest Boulevard, SE corner of MLK and Seacrest
Boulevards.
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
___ 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 “C” 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: _______________________________________________________________
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_____________________________________________________________________
_____________________________________________________________________
DATED:__________________________ _____________________________________________
City Clerk
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10. A
CITY MANAGER’S REPORT
August 19, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
August 19, 2014
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:
Boynton Beach Utilities Monthly Operations Report
EQUESTED CTION BY ITY OMMISSION
to Commission for August 2014.
The Utilities Department is presenting the first monthly
ER:
XPLANATION OF EQUEST
operations report for review and comment by the Board. The report covers the current status
of the Department using performance measurements that will demonstrate the efficiency and
effectiveness of the service provided to all Utility customers. The report also provides a
monthly update of Capital Improvement Projects that are underway or planned. Finally, the
report provides a financial snapshot of the current cost of service for water and wastewater
compared with the financial goals of the Department.
The report will provide the
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Commission with current information on the performance of the Utilities Department.
Not applicable
FI:
ISCAL MPACT
Not to receive the report
A:
LTERNATIVES
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13. A
LEGAL
August 19, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
August 19, 2014
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. 14-012 -
EQUESTED CTION BY ITY OMMISSION
SECOND READING - PUBLIC HEARING - Approve the "Emergency Medical Services
Ordinance" to establish the new fee structure and rates for Emergency Medical Transport
services by Boynton Beach Fire Rescue Department
ER:
The City has been billing for ALS/EMS transport services
XPLANATION OF EQUEST
since 1992 and has utilized third party billing companies and has done the billing in-
house. The responsibility of the billing has remained in house since 2007.
This ordinance establishes the updated rates for Emergency Medical Transport services
provided by the fire rescue department effective 10/01/2014 and authorizes an annual
adjustment to the rate structure through September 30, 2019. After reviewing the
charges for these services in the surrounding municipalities, staff recommends updating
the City’s charges effective 10/1/14. As well as codifying other administrative actions
that affect EMS Billing for transport services in accordance with departmental standard
operating guidelines and policies.
H?
This establishes a clearly defined
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
EMS Transport rate structure through September 30, 2019 and will increase the
revenue collected for those services
FI:
The rate change anticipates an increase in revenues for FY 2014/2015
ISCAL MPACT
by an estimated $200,000 and annually thereafter by an additional $20,000 through
September 30, 2019.
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A:
Leave rates the same as they are; no increase in revenues for transport
LTERNATIVES
services.
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ORDINANCE NO. 14-012
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, AMENDING THE CITY’S CODE
OF ORDINANCES TO AMEND THE TITLE TO CHAPTER 23 TO
READ “TAXATION, ASSESSMENTS AND FEES;” TO CREATE A
NEW ARTICLE V IN CHAPTER 23 TO BE ENTITLED
“EMERGENCY MEDICAL SERVICES FEES AND CHARGES,” TO
ADD A NEW SECTION 23-55 TO BE ENTITLED “DEFINITIONS”
TO PROVIDE FOR DEFINITIONS, A NEW SECTION 23-56 TO BE
ENTITLED “EMERGENCY MEDICAL SERVICES
TRANSPORTATION FEES AND CHARGES” TO PROVIDE FOR
THE FEES AND CHARGES, AND A NEW SECTION 23-57 TO BE
ENTITLED “COLLECTION OF EMERGENCY MEDICAL
SERVICES TRANSPORTATION FEES AND CHARGES” TO
PROVIDE FOR COLLECTION; PROVIDING FOR CODIFICATION;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS
, the City Commission finds it in the best interest of the City to create a
new Article V in Chapter 23 to provide for and confirm fees and charges for Emergency
Medical Services Transportation, and the collection thereof; and,
WHEREAS,
the City Commission finds it in the best interest of the City that the title
to Chapter 23 of the City’s Code of Ordinances be corrected to reflect its contents, and provide
for the inclusion in the future of assessments and fees as may be authorized by the City
Commission
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a part of this Ordinance.
Section 2
. The Code of Ordinances of the City of Boynton Beach is hereby amended
to amend the title of Chapter 23 as follows:
CHAPTER 23. TAXATION, ASSESSMENTS AND FEES
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Section 3
. The Code of Ordinances of the City of Boynton Beach is hereby amended
by amending Chapter 23 to add a new Article V, to be entitled “Emergency Medical Services
Transportation Fees and Charges” by adding a new a new Section 23-55 to be entitled
“Definitions,”, a new Section 23-56 to be entitled “Emergency Medical Services
Transportation Fees And Charges,” and a new Section 23-57 to be entitled “Collection Of
Emergency Medical Services Transportation Fees And Charges,” as follows:
ARTICLE V. EMERGENCY MEDICAL SERVICES TRANSPORTATION FEES
AND CHARGES
Sec. 23-55. Definitions.
For the purposes of this chapter, the following definitions shall apply:
(a) Basic life support (BLS) services include the treatment of medical emergencies by a
qualified person through the use of techniques such as patient assessment, cardiopulmonary
resuscitation (CPR), splinting, obstetrical assistance, bandaging, administration of oxygen,
application of medical anti-shock trousers, administration of a subcutaneous injection using
a premeasured auto-injector of epinephrine to a person suffering an anaphylactic reaction,
and other techniques described in the Emergency Medical Technician Basic Training Course
Curriculum of the United States Department of Transportation.
(b) Advanced life support services means the treatment of life-threatening emergencies through
the use of techniques such as endotracheal intubation, the administration of intravenous
fluids, medications, telemetry, cardiac monitoring, cardiac defibrillation, and the use of
external pacemakers by a qualified paramedic. Advanced life support services are classified
in two categories as follows:
(1) Advanced life support, level 1 (ALS1): Where medically necessary, the provision of an
assessment by an advanced life support (ALS) provider and/or the provision of one or
more ALS interventions. An ALS intervention is defined as a procedure beyond the
scope of an EMT-Basic as defined in the National EMS Education and Practice
Blueprint.
(2) Advanced life support, level 2 (ALS2): Where medically necessary, the administration
of at least three (3) different medications and/or the provision of one (1) or more of the
following ALS procedures:
• Manual defibrillation/cardioversion.
• Endotracheal intubation.
• Central venous line.
• Cardiac pacing.
• Chest decompression.
• Surgical airway.
• Intraosseous line.
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Sec. 23-56. Emergency Medical Services Transportation Fees and Charges.
(A) The fees and charges for emergency medical transportation services are as follows:
Effective October 1, 2014:
(1) BLS Transport Fee .....$610.00
(2) ALS1 Transport Fee .....610.00
(3) ALS2 Transport Fee .....770.00
(4) Mileage .....12.00
Effective October 1, 2015:
(1) BLS Transport Fee .....$630.00
(2) ALS1 Transport Fee .....630.00
(3) ALS2 Transport Fee .....790.00
(4) Mileage .....12.50
Effective October 1, 2016:
(1) BLS Transport Fee .....$650.00
(2) ALS1 Transport Fee .....650.00
(3) ALS2 Transport Fee .....810.00
(4) Mileage .....13.00
Effective October 1, 2017:
(1) BLS Transport Fee .....$670.00
(2) ALS1 Transport Fee .....670.00
(3) ALS2 Transport Fee .....830.00
(4) Mileage .....13.50
Effective October 1, 2018:
(1) BLS Transport Fee .....$690.00
(2) ALS1 Transport Fee .....690.00
(3) ALS2 Transport Fee .....850.00
(4) Mileage .....14.00
Sec.23-57. Collection of Emergency Medical Services Transportation Fees and Charges.
(A) The Fire-Rescue Department will submit bills to patients or to the patient's insurance carrier
for the provision of Basic Life Support or Advanced Life Support transportation.
(B) The Boynton Beach Fire-Rescue Department has established the Standard Operating
Guidelines for EMS Transportation Billing Policies, Procedures and Collections. The
Administration and Finance Officer is hereby authorized to adjust the accounts as stated in
the policy.
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(C) The City may collect delinquent charges through any and all available legal remedies.
(D) The City Finance Department is hereby authorized to accept assignment at the maximum
allowable rate of Medicaid, Medicare, and Palm Beach County Health Care District benefits.
(E) The City Finance Department is hereby authorized to negotiate payment settlements of
outstanding debts owed to the City for emergency services rendered when the debtor is
unable to satisfy the outstanding balance due.
Section 4.
City Staff is authorized to take all steps necessary to effectuate the intent
of this ordinance.
Section 5
. It is the intention of the City Commission of the City of Boynton Beach
that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances
of the City of Boynton Beach, Florida. The Sections of this Ordinance may be renumbered, re
lettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or
phrase in order to accomplish such intention.
Section 6
. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions
in conflict herewith be and the same are hereby repealed to the extent of such conflict.
Section 7
. If any clause, section, or other part or application of this Ordinance shall
be held by any court of competent jurisdiction to be unconstitutional or invalid, such
unconstitutional or invalid part or application shall be considered as eliminated and so not
affecting the validity of the remaining portions or applications remaining in full force and effect.
Section 8
. This Ordinance shall become effective upon adoption.
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PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF
th
BOYNTON BEACH, FLORIDA, ON THE FIRST READING, THIS 5 DAY OF
AUGUST, 2014.
PASSED ADOPTED BY THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, ON THE SECOND AND FINAL READING, THIS ___
DAY OF __________________, 2014.
CITY OF BOYNTON BEACH, FLORIDA
__________________________________
Mayor – Jerry Taylor
_______________________________
Vice Mayor –Joe Casello
_______________________________
Commissioner – David T. Merker
_______________________________
Commissioner – Mack McCray
________________________________
Commissioner – Michael M. Fitzpatrick
ATTEST:
_____________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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13. B
LEGAL
August 19, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
August 19, 2014
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 14-017- FIRST
EQUESTED CTION BY ITY OMMISSION
READING - Approve request to amend Part II, Chapter 14 of the City Code of Ordinances
entitled "Motor Vehicles and Traffic", by creating a new section 14-12 entitled "Curbstoning",
regulating the purchase and sale of motor vehicles from individuals other than a dealer; providing
for codification; providing for conflicts; providing for severability; and providing for an effective
date.
ER:
Curbstoning is a term given to the practice of buying and
XPLANATION OF EQUEST
selling automobiles without a motor vehicle dealer license and legally established place
of business. Curbstoners usually park and display their vehicles for sale in high traffic
locations. Often these locations are on rights of ways, utility or pipeline easements, at
gas stations, convenient stores, supermarket parking lots, public parking lots, etc.
Florida State Statute 319.1951 allows any local government to adopt an ordinance to
regulate curbstoning. Once the ordinance is passed, the local government can begin
towing vehicles in violation of the Curbstoning Ordinance and assess fines.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
The City would no longer have to sticker vehicles in violation or notify the violator by
mail. Vehicles in violation of the Curbstoning Ordinance may be immediately towed.
This would eliminate the notification process and the vehicle in violation would be
immediately removed.
FI:
Each vehicle in violation of the Curbstoning Ordinance will be fined
ISCAL MPACT
$100.00 to be paid directly to the City. Upon receipt of the payment, the City will issue
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an “Authorization to Release Vehicle After Curbstoning Violation” which would be
presented to the tow company for the release of the vehicle.
A:
None recommended.
LTERNATIVES
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ORDINANCE NO. 14-017
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, AMENDING PART II, CHAPTER 14 OF THE CITY
CODE OF ORDINANCES ENTITLED “MOTOR VEHICLES AND
TRAFFIC”, BY CREATING A NEW SECTION 14-12 ENTITLED
“CURBSTONING”, REGULATING THE PURCHASE AND SALE
OF MOTOR VEHICLES FROM INDIVIDUALS OTHER THAN A
DEALER; PROVIDING FOR CODIFICATION; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS
from time to time the City’s staff reviews its Code of Ordinances to
determine whether such ordinances may be made more efficient; and
WHEREAS,
the Code Compliance Division has reviewed Part II, Chapter 14 of the
Code of Ordinances and determined that the practice of buying and selling automobiles without a
motor vehicle dealer license and a legally established place of business should be regulated; and
WHEREAS
, upon the recommendation of staff, the City Commission deems it to be in
the best interest of the citizens and residents of the City to amend Part II, Chapter 14 of the
Code of Ordinances such that the practice of buying and selling automobiles without a motor
vehicle dealer license and legally established place of business is regulated.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a part of this Ordinance.
Section 2
. Part II, Chapter 14, of the City Code of Ordinances “Motor Vehicles and
Traffic”, is amended to create a new Section 14-12, “Curbstoning”
(a)DEFINITION: Curbstoning is a term given to the practice of buying and selling
automobiles without a motor vehicle dealer license and legally established place of
business. Curbstoners usually park and display their vehicles for sale in high traffic
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locations. Often these locations are on rights of ways, utility or pipeline easements,
at gas stations, convenience stores, supermarket parking lots, public parking lots, etc.
(b)It is unlawful for any person to park a motor vehicle upon a public street or highway,
a public parking lot, or other public property, or upon private property where the
public has the right to travel by motor vehicle, for the principal purpose and intent of
displaying the motor vehicle thereon for sale, hire, or rental unless the sale, hire, or
rental of the motor vehicle is specifically authorized on such property by municipal
regulation and the person is in compliance with all municipal licensing regulations.
(c)As specified by Section 316.1951, Florida Statutes, the provisions of subsection (b)
do not prohibit a person from parking his or her own motor vehicle or his or her other
personal property on any private real property which the person owns or leases or on
private real property which the person does not own or lease, but for which he or she
obtains the permission of the owner, or on the public street immediately adjacent
thereto, for the principal purpose and intent of sale, hire, or rental.
(d)Subsection (b) does not prohibit a licensed motor vehicle dealer from displaying for
sale or offering for sale motor vehicles at locations other than the dealer’s licensed
location if the dealer has been issued a supplemental license for off-premises sales
and has complied with the requirements in subsection (b). A vehicle displayed for
sale by a licensed dealer at any location other than the dealer’s licensed location is
subject to immediate removal without warning.
(e)A law enforcement officer, code compliance officer, or supervisor of the department
may issue a citation and cause to be immediately removed at the owner’s expense
any motor vehicle found in violation of subsections (b), (f), (g), (h), or (i). The owner
shall be assessed a penalty of $100.00 by the City and the motor vehicle will be
immediately removed. A motor vehicle removed under this section shall not be
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released from an impound or towing and storage facility until after the fine has been
paid to the City and a release form has been issued by the City verifying that the fine
has been paid.
(f)It is unlawful to offer a vehicle for sale if the vehicle identification number has been
destroyed, removed, covered, altered, or defaced. A vehicle found in violation of this
subsection is subject to immediate removal without warning.
(g)It is unlawful to knowingly attach to any motor vehicle a registration /tag that was
not assigned or lawfully transferred to the vehicle. A vehicle found in violation of
this subsection is subject to immediate removal without warning.
(h)It is unlawful to display or offer for sale a vehicle that does not have a valid
registration. A vehicle found in violation of this subsection is subject to immediate
removal without warning. This subsection does not apply to vehicles and recreational
vehicles being offered for sale through motor vehicle auctions.
(i)A vehicle is subject to immediate removal without warning if it bears a telephone
number that has been displayed on three or more vehicles offered for sale within a
12-month period.
(j)Any other provision of law to the contrary notwithstanding, a violation of subsection
(b), subsection (f), subsection (g), subsection (h), or subsection (i) shall subject the
owner of such motor vehicle to towing fees reasonably necessitated by removal and
daily storage of the motor vehicle in addition to a fine as set forth in subsection (e).
Such fees and costs are set by the towing, storage, or impound company which
removes the vehicle from the unauthorized location.
(k)The City hereby incorporates Florida Statutes §§316.1951; 320.27(5); 320.01 as if
fully set forth herein. Further, this Section shall automatically incorporate any and all
subsequent amendments to Florida Statutes §§316.1951; 320.27(5); 320.01.
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State Law References: Florida Statutes §§316.1951; 320.27(5); 320.01
Section 3
. City Staff is authorized to take all steps necessary to effectuate the intent
of this ordinance.
Section 4
. It is the intention of the City Commission of the City of Boynton Beach
that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances
of the City of Boynton Beach, Florida. The Sections of this Ordinance may be renumbered, re
lettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or
phrase in order to accomplish such intention.
Section 5
. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions
in conflict herewith be and the same are hereby repealed to the extent of such conflict.
Section 6
. If any clause, section, or other part or application of this Ordinance shall
be held by any court of competent jurisdiction to be unconstitutional or invalid, such
unconstitutional or invalid part or application shall be considered as eliminated and so not
affecting the validity of the remaining portions or applications remaining in full force and effect.
Section 7
. This Ordinance shall become effective upon adoption.
th
FIRST READING THIS 19 DAY OF AUGUST, 2014.
SECOND, FINAL READING AND PASSAGE this ______ day of ________, 2014.
CITY OF BOYNTON BEACH, FLORIDA
__________________________________
Mayor – Jerry Taylor
_______________________________
Vice Mayor –Joe Casello
_______________________________
Commissioner – David T. Merker
_______________________________
Commissioner – Mack McCray
________________________________
Commissioner – Michael M. Fitzpatrick
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ATTEST:
_____________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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13. C
LEGAL
August 19, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
August 19, 2014
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. 14-018 - FIRST
EQUESTED CTION BY ITY OMMISSION
READING - Approve amendments to Code of Ordinances Part II, Chapter 13 "Licenses",
renaming the application review to "Business Use Certificate" and clarifying inspection process
and fees associated with "Certificate of Use and Occupancy."
ER:
All businesses, including home-based businesses and rental
XPLANATION OF EQUEST
property operating in the City of Boynton Beach are required to complete a Business
Use Certificate, formerly known as the Business Tax Receipt application. A Certificate
of Use & Occupancy is required of all commercial and residential property owners who
lease or rent property located in the City. Anyone providing merchandise or services to
the public, even a one-person business, must have a current Business Tax Receipt
from the City and a Business Tax Receipt from Palm Beach County. This applies to:
New businesses
Ownership or address changes to a current business
Renewing existing business licenses
Commercial & Residential for lease or rental properties
The Business Use Certificate review will verify that business operations and residential
rental operations meet zoning and building code criteria, including whether the business
type or residential rental is allowed in a specific district or location. All new businesses
being established for the first time and any changes in property ownership require
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a Certificate of Use and Occupancy property inspection prior to the Business Tax
Receipt being issued.
H?
Renaming of the Business Tax
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Receipt application to Business Use Certificate will help insure that should the State
Legislature or Governor choose at some point in the future, to remove Business Tax,
the City will have an established process for review and inspection of all businesses and
property for lease or rental.
The ordinance provides for cost recovery of staff time and includes inspection fees for
site visits. Leased and rental properties will be re-inspected biennially to assure that
both the site and structures meet code standards.
Properties within the City will begin phased in inspections in January of 2015.
FI:
Approximately $250,000 in annual revenue.
ISCAL MPACT
A:
Do not alter the ordinance.
LTERNATIVES
Adjust fee schedule.
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ORDINANCE 14-018
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, AMENDING PART II, CHAPTER 13,
ARTICLE I OF THE CODE OF ORDINANCES ENTITLED “BUSINESS
TAX RECEIPTS AND CERTIFICATES OF USE” TO PROVIDE FOR
THE USE OF SPECIAL MAGISTRATES FOR BUSINESS TAX RECEIPT
APPELLATE MATTERS; TO PROVIDE FOR A DEFINITION OF
SPECIAL MAGISTRATES; TO PROVIDE FOR ANY AMENDMENTS TO
CHAPTER 205, FLORIDA STATUTES; TO PROVIDE FOR VIOLATION
OF THIS CHAPTER MAY BE BROUGHT AS A CODE VIOLATION,
MODIFY WHEN THE DIRECTOR OF THE DEVELOPMENT SERVICES
DIVISION SHALL ISSUE A BUSINESS TAX RECEIPT; TO PROVIDE
FOR METHODS OF ENFORCEMENT; TO PROVIDE FOR WHEN THE
DIRECTOR OF THE DEVELOPMENT SERVICES DIVISION MAY
REVOKE, REFUSE OR DENY ANY CERTIFICATE OF USE OR
BUSINESS TAX RECEIPT; TO PROVIDE FOR ANY SPECIAL
MAGISTRATE OF THE CITY TO HEAR APPEALS OF THE
DIRECTOR’S OF THE DEVELOPMENT SERVICES DIVISION
DETERMINATIONS REGARDING BUSINESS TAX RECEIPTS;
PROVIDING FOR CODIFICATION; SEVERABILITY; AND AN
EFFECTIVE DATE.
WHEREAS
, the City of Boynton Beach (“City”) has home rule authority pursuant to
Article VII, Section 2 of the Florida Constitution and Chapter 166, Florida Statutes, to provide
for enforcement of violations of the City’s Code of Ordinances and other violations of law
through the use of Special Magistrates; and,
WHEREAS
, Part II, Article V, Section 2-82 of the City’s Code of Ordinances permits
Special Magistrates, designated by the Commission, to hold hearings and assess fines against
violators of the City’s Code; and,
WHEREAS
, the City wishes to modify its Code to expand the use of Special Magistrates
in the enforcement of the City Code; and,
WHEREAS
, the City wishes to provide for when The Director of the Development
Services Division must issues a Business Tax Receipt and when the Director of the Development
Services Division may revoke or refuse to reissue, renew, or transfer a Business Tax Receipt;
and
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WHEREAS
, the City wishes to have the City’s Special Magistrates hear any appeals of
the Director of the Development Services Division’s determinations pertaining to the issuance,
reissuance, transfer, or revocation of a Business Tax Receipt; and
WHEREAS
, the City Commission of the City of Boynton Beach finds it is in the best
interest of the City to adopt an ordinance to provide for these amendments to Part II, Chapter 13,
Article I of the Code of Ordnances Entitled “Business Tax Receipts and Certificates of Use” and
provide for any changes to Chapter 205, Florida Statues, as may be amended from time to time.
BE IT ORDAINED 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 Ordinance upon adoption
hereof, as if fully set forth herein.
Section 2.
Part II, Chapter 2, Article V of the Code of Ordinances of the City of
Boynton Beach, entitled “BUSINESS TAX RECEIPTS AND CERTIFICATES OF USE” shall
be amended as follows:
ARTICLE I. BUSINESS TAX RECEIPTS AND CERTIFICATE OF USE
Sec. 13-1. Purpose; imposition and levy of tax; use and occupancy certificates and inspections
required.
The governing body of Boynton Beach hereby establishes the City of Boynton Beach Business
Tax Receipt Code and levies a Business Tax Receipt tax for the privilege of engaging in or
managing any business, profession or occupation within its jurisdiction, pursuant to Chapter 205,
Florida Statutes, as amended from time to time. The Business Tax Receipt tax is levied on:
(1) Any person who maintains a permanent business location or branch office within the
municipality, for the privilege of engaging in or managing any business within its jurisdiction.
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(2) Any person who maintains a permanent business location or branch office within the
municipality, for the privilege of engaging in or managing any profession or occupation within
its jurisdiction.
(3) Any person who does not qualify under subsection (1) or subsection (2) and who
transacts any business or engages in any occupation or profession in interstate commerce, if the
Business Tax is not prohibited by Sec. 8 of Article 1 of the United States Constitution.
Use and occupancy certificates and inspections shall be required prior to the following: a
dwelling unit being rented for residential purposes; a building or portion thereof of a commercial
or industrial space being occupied by either a new owner or business tenant; and any other parcel
of land being used by an owner or business tenant for commercial or industrial purposes.
(a) Purpose. The operation of businesses within the city without the safeguards associated
with the filing of an application for a use and occupancy certificate and inspection and a
local business tax receipt constitutes a danger to the health, safety and welfare of the
community. The city commission has determined that more effective enforcement
procedures are necessary to prevent the operation of a business in the city without
obtaining a use and occupancy certificate and inspection and a local business tax receipt
or paying a local business tax. Owners of real property who permit businesses to
operate from their property without verification of a valid and current use and
occupancy certificate and inspection and local business tax receipt contribute to the
proliferation of illegal business. An increase in the penalty for operating a business
without obtaining a use and occupancy certificate and inspection and a local business
tax receipt or without paying a local business tax will have a greater deterrent effect on
businesses operating illegally within the city. This enforcement procedure was adopted
to maximize the city's ability to enforce the city's prohibition against conducting a
business without proper application for a use and occupancy certificate and inspection
and a local business tax receipt and to encourage swift compliance with these
requirements.
(b) Use and occupancy of a property with inspection is the method by which the city
documents the existing conditions of a property and any non-conformities, establishes
the current land use and zoning, and grants approval to occupy at a given location for
specified uses.
(c) All property owners of either commercial or industrial space must apply for a use and
occupancy certificate on an annual basis and the properties will be inspected on an
annual basis.
(d) All property owners of residential space to be rented as a dwelling unit must apply for a
use and occupancy certificate and must schedule an inspection for the properties to be
rented. Inspections of residential rental dwelling units shall occur on a biennial (every
other year) basis at a minimum.
(e) Any person applying for or renewing a local business tax receipt for the business tax
period beginning October 1, to practice any profession regulated by the Florida
Department of Business and Professional Regulation, or any board or commission
thereof, must exhibit an active state certificate, registration or license, or proof of copy
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of the same, and a current use and occupancy certificate for the location associated with
the business activity before a local business tax receipt may be issued.
Sec. 13-2. Definitions.
For the purpose of this chapter, the following words shall have the meaning ascribed to them in
this section, unless the context requires otherwise:
…
As used in this article:
. . .
Business Use Certificate – A review method by which the City determines the
appropriateness of the use within the zoning district and type of use under the Florida
Building Code.
Certificate of Use and Occupancy. An review and inspection method by which the city
documents the existing conditions of a property; identifies any non-conformities to be
addressed by occupant/owner; establishes current land use and zoning; and grants
approval to occupy a given location for specific uses.
Local Responsible Party. An adult person or licensed property management company
designated by the property owner to be the owner’s liaison with the city regarding the
owner’s rental property. The local responsible party, if an individual shall reside in
Miami-Dade, Broward, Palm Beach, Martin or Indian River County.
Special Magistrate shall mean any of the the City’s Special Magistrates appointed by the
City Commission to conduct hearings pursuant to the City Code and Florida Statutes.
Except for Board voting requirements, any reference in the City’s Code to “Code
Enforcement Board” shall include Special Magistrate(s).
Sec. 13-3. Conflict with statute.
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The regulation of Business Tax Receipts shall be administered in accordance with this chapter
and with Chapter 205.013-205.1973, Florida Statutes, as amended from time to time. In the event
of any conflict between this Business Tax Receipt Code and Florida Statutes, TITLE XIV.
TAXATION AND FINANCE, Chapter 205 “Local Business Taxes,” including future
amendments, the provisions of Chapter 205 shall control.
Sec. 13-5. Provision for unlisted businesses or occupations.
All businesses must obtain a Certificate Business of Use Certificate prior to operating within
the city. The city may hereinafter classify and issue Business Tax Receipts for businesses or
occupations not specifically listed herein. The city shall establish a classification for new
businesses or occupations in accordance with the United States Standard Industrial Classification
of Establishments (SIC). The Business Tax Receipt tax established by the city for any business
not specifically listed herein shall be commensurate with the rate structure and classifications set
forth in Sec. 13-4, and shall be established by resolution of the City Commission following
application but prior to issuance of a Business Tax Receipt for the unclassified business.
Sec. 13-7. Application and reapplication fees. for Business Use Certificate; Certificate of Use
and Occupancy, inspections, and Business Tax Receipt; required for use of any property for
commercial or industrial purposes or for residential dwelling rental.
(a) Prior to the issuance of a Business Tax Receipt a person shall file an application for
Certificate of Use with the city. The application shall be on a form prescribed by the city, and
shall be filed together with such other documentation as hereinafter set or as required by state
law. It shall be unlawful for any property owner, either directly or indirectly, to conduct or enter
into a rental agreement for residential, commercial and/or industrial purposes within the city
without first filing an application for a Business Use Certificate and being issued a Certificate of
Use and Occupancy and scheduling the required inspection and requesting and obtaining a local
business tax receipt by the city. The Business Tax Receipt portion of the form shall require
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disclosure of the Federal Identification Number or Social Security number of the person to be
licensed.
(b) Each new application for a Business Use Certificate of Use and Business Tax Receipt
shall be accompanied by an application filing fee in the amount of forty dollars ($40.00), which
shall cover the Business Use Certificate of Use inspections and review to be undertaken by city
zoning, and building division staff. Should additional Iinspections for environmental, Utilities,
Code, fire, or and other departments, will be determined necessary due to by the proposed use,
the applicant shall pay for such inspections at a rate of twenty-five dollars per hour
($25.00/hour)fifty dollars ($50.00) per discipline, not exceeding a total of two hundred dollars
($200.00). In the event an application is denied due to failed initial inspections, one additional
follow up inspection will be conducted at no additional charge. If the additional inspection is
failed, the application may, upon payment of a re-inspection fee of ten dollars ($10.00) one-
hundred dollars ($100.00) for first re-inspection; one-hundred-fifty dollars ($150.00) per each
additional re-inspection, be reconsidered.
th,
Certificate of Use and Occupancy is renewable each year expiring on September 30with an
annual renewal fee of thirty dollars ($30.00).
(c) It shall be unlawful for any person or entity, either directly or indirectly, to conduct or enter
into a business, profession, or occupation within the city without first filing an application
for a Business Use Certificate and being issued a local business tax receipt by the city.
(d) If the real property that is to be used for the operation of a business is subject to unpaid city
fines, fees or code violation liens the city shall not issue a use and occupancy certificate or
conduct a use and occupancy inspection until such time as all liens, fines or fees on the
property are fully paid, including interest due and any assessable costs and until all code
violations are brought into compliance.
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(e) Before the city can issue a Certificate of Use and Occupancy and schedule and conduct the
required Use and Occupancy inspection and issue a local business tax receipt for engaging
in or carrying on any of the businesses, professions or occupations specified and set forth
herein, it shall be the duty of the applicant to file an application for Business Use Certificate
with the Development Services Division, such application to be in the form required by the
city and such applicant shall be required to furnish to the city such other information not
contained in the application as the city manager or designee may require.
(f) Local responsible party required.
Whenever any property is required to have a Certificate Use and Occupancy under this
(1)
article, the owner shall designate in writing, on a form provided by the city, a local
responsible party for contact by city officials relating to the property. The owner shall
also provide a valid address and phone number for the local responsible party.
(2) An owner of a rental property may designate himself or herself as the local responsible
party under this section provided that any owner who does so must reside within
Miami-Dade, Broward, Palm Beach, Martin or Indian River County. Any owner who
resides outside of Florida either at the time of applying for a Certificate Use and
Occupancy or after having secured such certificate, shall designate a local responsible
party.
(3) A local responsible party is required to have the authority to adequately and timely
respond to any code compliance issues that may arise on the subject property and shall
be responsible for the care, custody, control and compliance of the rental property. The
local responsible party may apply for a Certificate Use and Occupancy and inspection
on behalf of the owner.
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(4) An owner shall notify the Development Services division in writing of any change in
the designation of the local responsible party within ten (10) business days of such
change.
(5) The use of the word "owner" in this article shall include "local responsible party" where
appropriate.
(6) Failure to designate or engage a local responsible party meeting the requirements of this
section shall subject the owner to code compliance proceedings as authorized under
Chapter 2, Article V of this Code.
(g) Applicants are required to schedule timely Certificate Use and Occupancy inspections and
the timely renewal of their Certificate Use and Occupancy and local business tax receipts.
(h) It is unlawful for a property owner to allow by lease, license, grant or other written or oral
agreement, the use of any real property for the operation of a business without a valid and
current Certificate Use and Occupancy including required inspection and local business tax
receipt.
(i)The application fees required for obtaining a Certificate Use and Occupancy are based on
one (1) certificate for each individual piece of real property as described by the Palm Beach
County Property Appraiser's Office through the provision of a property control number and
recorded deed and shall be set by resolution of the city commission. Certificate Use and
Occupancy is not transferable.
(j) All Certificate Use and Occupancy and Business Use Certificate applications are subject to
inspection of the real property being used for the operation of the business by the city. The
Certificate Use and Occupancy inspection charges shall be set by resolution of the city
commission. If the owner of a dwelling does not reside at the dwelling, and the dwelling is
occupied by anyone, including a relative of the owner of the dwelling, there is a presumption
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that the dwelling is being rented and must have a Certificate Use and Occupancy and a
business tax receipt. This presumption may be rebutted by the owner of the dwelling
applying for an exemption from the Certificate Use and Occupancy and business tax receipt.
The exemption application shall include an affidavit of the owner that all persons residing at
the dwelling are relatives of the owner and that these relatives pay no rent or other
consideration for the privilege of living at the dwelling and that the relatives provide no
maintenance or other services in return for the right to live at the dwelling. The application
fee for the exemption application shall be set by resolution of the city commission and must
be obtained every year.
Sec. 13-8. Declaration required where fee depends on variable factors within the
applicant's knowledge.
Whenever the Certificate of Use or Business Tax Receipt depends upon variable factors, the
applicant shall be required by the city to execute an affidavit containing information upon which
the Business Tax Receipt fee is calculated. The affidavit shall be completed, executed and
returned to the city as a condition precedent to the issuance of a Certificate of Use Business Tax
Receipt or, on request by the city, to the reissuance of an existing Business Tax Receipt. Failure
to accurately disclose variable factors shall constitute grounds for the denial of an application or
the revocation of an issued Certificate of Use and Business Tax Receipt.
Sec. 13-9. Issuance of Certificate of Use and Occupancy and Business Use CertificateTax
Receipt.
(a)Upon receipt of a Certificate of Use and payment of the required Business Tax Receipt
fee, the The Director of the Development Services Division will shall issue the Business
Tax Receipt or Certificate of Use and Occupancy, only if:
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a. The Director of the Development Services Division determines the proposed
business and location complies with all City zoning codes and ordinances, in
additional to all other applicable local, County, State, or Federal ordinances, codes,
statutes, or other applicable regulation; and,
b.Proof of occupational or professional certification or licensure is provided when
such certifications or licenses are required under state law.
(b) The mistaken issuance of a Business Use Certificate, Certificate of Use and Occupancy or
Business Tax Receipt shall not be deemed to be a waiver of any provision of the City Code nor
shall the issuance of a Business Use Certificate, Certificate of Use and Occupancy or Business
Tax Receipt be construed to be a judgment of the city as to the competence of the applicant to
transact business.
(c) No Certificate of Use or Business Tax Receipt shall be issued unless it is found that the
proposed business and location comply with all city zoning codes and other applicable city
ordinances.
(d) No Certificate of Use or Business Tax Receipt shall be issued for an occupation where
certification is required under state law unless proof of said certification is provided.
Sec. 13-10. Due dates.
Business Tax Receipts and Certificates of Use and Occupancy shall be sold by the city
beginning August 1st of each year and are due and payable on or before September 30th of each
year and expire on September 30th of the succeeding year; upon transfer to a new owner; or
following approval of a Business Use Certificate of Use application for a new or relocating
business.
Sec. 13-11. Delinquency penalty.
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Business Tax Receipts that are not renewed when due and payable are delinquent and subject
to a delinquency penalty of ten percent (10%) for the month of October, plus an additional five
percent (5%) penalty for each subsequent month of delinquency until paid, provided the total
delinquency penalty may not exceed twenty-five percent (25%) of the Business Tax Receipt tax
for the delinquent establishment.
(a) All Certificates of Use and Occupancy and local business tax receipts issued hereunder may
be renewed without penalty no later than September 30 by application for the Certificates of
Use and Occupancy and local business tax receipt holder. Certificates of Use and
Occupancy and local business tax receipts not renewed by October 1 shall be considered
delinquent and subject, respectively, to a delinquency penalty of ten (10) percent of the full
year use and occupancy certificate and local business tax receipt fee for the month of
October, plus an additional five (5) percent penalty for each month of the delinquency
thereafter until paid. The total delinquency penalty shall never exceed twenty-five (25)
percent of the full year local business tax receipt fee for the applicant.
(b) For the required Certificates of Use and Occupancy inspection, should a property owner fail
to accommodate the city's scheduled appointment on two (2) occasions, a fine of one
hundred dollars ($100.00) shall be assessed. For each additional failure to facilitate the city's
inspection, an additional one hundred fifty dollar ($150.00) fine shall be assessed for each
separate occurrence.
Sec. 13-12. Transfer of a Business Tax Receipt.
(a) Transfer to new owner. Business Tax Receipts may be transferred to a new owner when
there is a bona fide sale and transfer of the business and property used in the business. A
transferred Business Tax Receipt shall be valid for the same time period and at the same location
for which it was originally issued. The original Business Tax Receipt shall be surrendered at the
time application for transfer is made. A transferred Business Tax Receipt, after being approved,
shall be of the same force and effect as the original Business Tax Receipt. A person applying for
such transfer shall pay to the city a transfer fee of ten percent of the annual license tax, but not
less than three dollars ($3.00) nor more than twenty-five dollars ($25.00) and shall present
evidence of the sale or transfer of the business. A Certificate of Use and Occupancy shall be
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required when originally approved equipment is removed or altered, or alterations to floor plan
or other building systems occurs. Certificate of Use and Occupancy is not transferable.
(b) Transfer to new location. Business tax receipts may be transferred from one location to
another, subject to receipt of a Business Use Certificate and active Certificate of Use and
Occupancy, provided no change of ownership has occurred and the business classification in
which the Business Tax Receipt was originally issued remains unchanged. A transferred
Business Tax Receipt shall be valid for the same time period for which it was originally issued at
the new location. The original Business Tax Receipt shall be surrendered at the time application
for transfer is made. A transferred Business Tax Receipt, following receipt of a Business Use
Certificate and active Certificate of Use and Occupancy, shall be of the same force and effect as
the original Business Tax Receipt. A person applying for such transfer shall pay to the city the
Business Use Certificate of Use application filing and inspection fees as listed in Sec. 13-7 and a
transfer fee of ten percent of the annual license tax, but not less than three dollars ($3.00) nor
more than twenty-five ($25.00) dollars.
Sec. 13-15. Doing business not covered by Business Tax Receipt; Certificate of Use or Business
Tax Receipt obtained by false statements void ab initio.
No Business Use Certificate, Certificate of Use and Occupancy or Business Tax Receipt issued
under the provisions of this chapter shall protect any person from prosecution for transacting any
business, trade or profession not covered by the Business Use Certificate, Certificate of Use and
Occupancy or Business Tax Receipt, or protect any person doing business with a Business Tax
Receipt issued upon any false statement of variable factors. Business Use Certificate, Certificate
of Use and Occupancy or Business Tax Receipts that are issued based on false statements shall
be considered as void ab initio and shall not protect the holder thereof from prosecution for
transacting business without a Certificate of Use and Occupancy or Business Tax Receipt.
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Falsification of information can constitute grounds for revocation of the Certificate of Use and
Occupancy and Business Tax Receipt, for a fine not exceeding five hundred dollars ($500.00), or
imprisonment not exceeding sixty (60) days.
Sec. 13-16. Engaging in business without a Business Tax Receipt; penalties; prima facie
evidence.
(a) It shall be unlawful for any person to engage in any business, profession, or occupation
taxable by business tax receipt hereunder without first obtaining a Business Tax Receipt. Any
person engaged in such business, profession or occupation without the required Certificate of
Use and Business Tax Receipt shall pay a penalty of twenty-five percent (25%) of the full year
Business Tax Receipt fee for such trade, in addition to the Business Tax Receipt fee set forth
herein.
(b) In addition, a person operating in violation of this chapter shall be subject to a fine of up
to five hundred dollars ($500.00) a day and/or sixty (60) days in jail for each day business is
operated in violation of this chapter.
(c) In any original prosecution under this section, the fact that such person is open for
business, shall be prima facie evidence of engaging in such trade, business, profession or
occupation, and the burden shall be upon the defendant to rebut same.
(a) It shall be unlawful for any person to engage in any business, profession or occupation
required to be certificated and receipted hereunder without a Business Use Certificate and
required inspection and local business tax receipt or under a Certificate of Use and
Occupancy and required inspection and local business tax receipt, conducted and issued
upon false statements made by such person, or in his behalf. Any person engaged in any
such business, profession or occupation without first obtaining a Business Use Certificate,
Certificate of Use and Occupancy and required inspection and local business tax receipt, if
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required herein, shall pay a penalty of twenty-five (25) percent of the full year certificate
and receipt year for such a trade, in addition to the Business Use Certificate, Certificate of
Use and Occupancy fees and business tax fee set forth herein. Such person may also be
charged with a criminal penalty as provided in section 1-6 of the Code of Ordinances.
(b) Any person, corporation or partnership which owns real property in the city and which by
lease, license, grant or other written or oral arrangement permits any person to operate a
business without a valid and current Certificate of Use and Occupancy and local business
tax receipt shall be subject to a fine of five hundred dollars ($500.00) per day and or sixty
(60) days in jail for each day that the business operates on the property without a valid and
current Certificate of Use and Occupancy and local business tax receipt.
(c) Any person who engages in any business occupation or profession covered by this chapter,
who does not pay the required business tax within one hundred fifty (150) days after the
initial notice of tax due, and who does not obtain the required business tax receipt is subject
to civil actions and penalties, including court costs, reasonable attorneys' fees, additional
administrative costs incurred as a result of collection efforts, and a mandatory penalty of two
hundred fifty dollars ($250.00).
(d) Any person, corporation or partnership who engages in any business occupation or
profession covered by this chapter, who does not pay the required Business Use Certificate
and Certificate of Use and Occupancy fee within one hundred fifty (150) days after the
initial notice of fee due, and who does not obtain the required Business Use Certificate and
Certificate of Use and Occupancy, shall be subject to a fine of two hundred fifty dollars
($250.00) per day for each day that the business operates on the property without a valid and
current Certificate of Use and Occupancy and required inspection beginning on the 151st
day.
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Sec. 13-17. Methods of enforcement: injunction; code enforcement.
(a)The specific penalties and enforcement mechanisms contained within this article are not
exclusive remedies and shall not be construed as prohibiting the city from seeking other
fines and other remedies authorized by city, state, or common law, either exclusively or
simultaneously..
(b)Any person subject to and who fails to secure a Business Use Certificate, Certificate of
Use and Occupancy and Business Tax Receipt required by this chapter or any other
ordinance of the city City or law of the State of Florida, shall upon petition by the city be
enjoined by the circuit court from engaging in the business in which he has failed to
secure said Business Use Certificate, Certificate of Use and Occupancy and Business Tax
Receipt, until such time as he shall secure same, including all costs of such action.
(c)The City may bring any violation of this Chapter as a City Code violation pursuant to
Section 2-91, of the City Code to the Code Enforcement Board or Special Magistrate.
Sec. 13-18. Right to deny issuance, renewal, transfer, revocation; right of appeal.
(a) The city City may revoke or refuse to issue, reissue, renew, or transfer any Business Use
Certificate of Use or Business Tax Receipt provided for in this chapter when due to:
(1)Issuance will result in the violation of Any violation of applicable city, county, or other
local, state, or federal law or regulation or state law, or
(2)The Director of the Development Services, determines the subject business and location
does not comply with applicable City zoning codes and ordinances, or is in violation of
applicable provisions of any local, County, or State or Federal regulations, ordinances,
law, or statute.
(3)The Director of the Development Services Division determines that proof of
occupational or professional certification or licensure is required under applicable law
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and inadequate documentation was provided or that the applicable certification or
licensure has been revoked, suspended, terminated, or otherwise discontinued, either
temporally or permanently, by the applicable regulating authority.
(4) (2) When the City's Code Enforcement Board or Special Magistrate has issued an
order finding a code violation and the violation has not been corrected compliance, as
determined by applicable City staff, has not been achieved, or
(5)(3) When the City's Code Enforcement Board or Special Magistrate has issued an order
imposing a fine and the fine remains unpaid.
(b) In the case of refusal to issue, reissue or transfer any Business Use Certificate of Use or
Business Tax Receipt on one of the foregoing grounds, the city shall notify the business
applicant or Business Tax Receipt holder in writing the basis for such refusal to issue, reissue or
transfer a Business Use Certificate of Use or Business Tax Receipt with specific reference to the
provisions of the City Code or Code Board Order which the city asserts constitutes grounds for
denial.
(c) The city City shall have the right and authority to revoke, with provide fifteen (15) days
written notice upon the revocation of , any Certificate of Use and Occupancy or Business Tax
Receipt granted under this chapter and issued to any person., whenever it is made to appear that
the business method or operation or work being conducted or carried on by the business
constitutes the violation of any applicable city, county, or state law. any violation of applicable
city, county, or other local, state, or federal law or regulation
(d) An applicant who is denied issuance, reissuance or transfer of a Business Use Certificate
of Use or Business Tax Receipt or whose Certificate of Use and Occupancy or Business Tax
Receipt has been revoked may, within ten (10) calendar days of the denial or revocation, file a
written appeal of the denial or revocation to the City’s Special Magistrate Building Board of
Adjustment. The Notice of Appeal shall be filed with the City Clerk.
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(e) The Board City shall meet within thirty (30) days and shall schedule conduct a quasi-
judicial evidentiary hearing within thirty (30) days of the filing of the Notice of Appeal with the
City Special Magistrate. The hearing must be conducted no later than forth-five (45) days, from
the filing of the Notice to Appeal. The initial burden of proof shall be on the City to establish that
the refusal or denial to issue, reissue or transfer a Business Use Certificate of Use or Business
Tax Receipt is based on the grounds as set forth in division (a) above. The burden then shifts to
the applicant to prove that the applicant is exempt from application of the City, County, Federal
or State law, that the Code violation has been corrected, or that the Code Board fine has been
paid. The Board shall issue a final order with findings of fact.
(f) The decision of the Building Board of Adjustment Special Magistrate shall be final as of
the date of the order and shall only be subject to review by writ of certiorari to Palm Beach
County Circuit Court.
(g) A Notice of Appeal stays the denial or revocation of the license until the appeal process is
completed, unless enjoined by the circuit court from engaging in the business in which he has
failed to secure said Certificate of Use and Occupancy and Business Tax Receipt.
(h) When denial of the issuance or reissuance of a license is based on division (a)(3) above,
the Notice of Appeal shall be accompanied by payment of the outstanding Code violation fine.
Section 3.
The City Administration, including without limitation the City Manager,
the Finance Department, the Police Department, Code Enforcement, and the City Attorney, are
authorized to take all steps necessary to retain Special Magistrates for the purposes established
by this ordinance.
Section 4.
Severability. If any section, sentence, clause, or phrase of this Ordinance is
held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding
shall in no way affect the validity of the remaining portions of this Ordinance.
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Section 5.
Inclusion in Code. It is the intention of the City Commission of the City of
Boynton Beach, Florida, that the provisions of this Ordinance shall become and be made a part
of the City of Boynton Beach Code of Ordinances; and that the sections of this ordinance may be
renumbered or relettered and the word "ordinance" may be changed to "section," "article," or
such other appropriate word or phrase in order to accomplish such intentions.
Section 6.
Effective Date. This Ordinance shall become effective on the date of second
reading set forth below.
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.
SIGNATURE PAGE FOLLOWS.
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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 – Joe Casello
______________________________
Commissioner – David T. Merker
______________________________
Commissioner – Mack McCray
_______________________________
Commissioner – Michael M. Fitzpatrick
ATTEST:
___________________________
Janet M. Prainito, MMC
City Clerk
479 of 579
13. D
LEGAL
August 19, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
August 19, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
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A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
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ONSENT GENDAEGAL
BP$100,000 FAI
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ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO. 14-019 - FIRST
EQUESTED CTION BY ITY OMMISSION
READING - Amending Article IV, Chapter 18 of the Boynton Beach Code of Ordinances entitled
Pensions for Firefighters.
ER:
The Board of Trustees of the Firefighters Pension Trust
XPLANATION OF EQUEST
Fund is recommending that the City Commission approve an amendment to the Fire
Pension to extend the terms of office for the five member Board of Trustees.
The proposed ordinance amends Section 18-179 of the City Code to extend Pension
Trustee terms of Office from two (2) to four (4) years, as permitted by Section 175.051,
Florida Statutes. The amendment applies equally to all five (5) current Pension
Trustees, whether appointed by the City or elected by the firefighter membership.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
By extending the terms of office for Pension Trustees, the goal is to take full advantage
of the institutional knowledge and training of the Pension Board.
The Law governing Firefighter Pension Plans, Chapter 175, Florida Statues, was
amended by the Florida Legislature in 2009 to permit, but not require, four year terms of
office for pension trustees. In 2010, the terms of office for the Boynton Beach Police
Pension Board were extended by Ordinance 10-005. The proposed Fire Pension
Ordinance would similarly provide for 4 year terms of office for Fire Pension Trustees.
The new terms of office would apply equally to all five Trustees (the 2 city appointees,
th
the 2 firefighters elected to the board, and the 5 “at large” trustee).
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FI:
In the opinion of the Pension Plan’s actuary, the amendment will have
ISCAL MPACT
no actuarial impact on the Pension Plan.
A:
In the opinion of the Pension Plan’s actuary, the amendment will have
LTERNATIVES
no actuarial impact on the Pension Plan.
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ORDINANCE NO. 14-019
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE
CITY OF BOYNTON BEACH FIREFIGHTERS PENSION
TRUST FUND; AMENDING SECTION 18-179 EXTENDING
THE TERMS OF OFFICE FOR TRUSTEES FROM 2 TO 4
YEARS; PROVIDING FOR CODIFICATION,
SEVERABILITY, A REPEALER; AND AN EFFECTIVE
DATE.
WHEREAS
, the Florida legislature amended Chapter 175, Florida Statutes, authorizing
municipalities to pass an ordinance extending the terms of office for trustees on Chapter 175
pension boards from two to four years;
WHEREAS
, the Board of Trustees of the City of Boynton Beach Municipal Firefighters
Pension Trust Fund has recommended the extension of trustee terms of office from two to four
years, and that this ordinance be approved;
WHEREAS
, the City Commission of the City of Boynton Beach concurs with the
assessment of the Boards of Trustees that the adoption of this amendment is in the best interests
of the citizens and taxpayers of the City;
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: Section 18-179 of the Boynton Beach City Code is hereby amended to read as
follows:
Sec. 18-179. Application of Chapter 175; Trustee Terms of Office.
All other provisions of F.S. Chapter 175 shall meet all the requirements and be fully
applicable, except for the provisions of this article, to the City of Boynton Beach
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Municipal Firefighters Pension Trust Fund. The increased pension benefits in the same
percentage of increase as provided for by this article shall apply to all firefighters now
receiving retirement benefits and all firefighters eligible for retirement benefits but not
now retired, under the provisions of the City of Boynton Beach Municipal Firefighters
Pension Trust Fund, F.S. Chapter 175. A retiree receiving a joint and survivor form of
benefit shall be permitted to change his or her beneficiary, as provided in F.S. §§ 175.171
and 175.333. The Board of Trustees shall be governed by Section 175.061, Florida
Statutes. Each Trustee shall have a term of four (4) years, but may succeed himself or
herself in office, and shall holdover until replaced. All Trustees serving as of January 1,
2014 shall have their current term extended for a two (2) year period.
Section 3: It is the intention of the City Commission, and it is hereby ordained that the
provisions of this Ordinance shall become and be made a part of the Code of the
City of Boynton Beach, that the sections of the Ordinance may be renumbered or
re-lettered to accomplish such intentions; and that the word “Ordinanceshall be
@
changed to “Sectionor other appropriate word.
@
Section 4: If any clause, section, or other part or application of this Ordinance shall be held
in any court of competent jurisdiction to be unconstitutional or invalid, such
unconstitutional or invalid part or application shall be considered as eliminated
and shall not affect the validity of the remaining portions or applications which
shall remain in full force and effect.
Section 5: All ordinances or parts of ordinances, resolutions or parts of resolutions in
conflict herewith are hereby repealed to the extent of such conflict.
Section 6: This Ordinance shall become effective immediately upon adoption, unless
otherwise provided.
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th
FIRST READING this 19 day of ___________, 2014.
SECOND, FINAL READING AND PASSAGE this _____ day of ________, 2014.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Joe Casello
______________________________
Commissioner – David T. Merker
______________________________
Commissioner – Mack McCray
_______________________________
Commissioner – Michael M. Fitzpatrick
ATTEST:
___________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
Coding: Words in strikeout type are deletions from existing text.
Words in underline type are additions.
484 of 579
13. E
LEGAL
August 19, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
August 19, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
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AI
GENDA TEM
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO. 14-020 - FIRST
EQUESTED CTION BY ITY OMMISSION
READING - Approve amendment to the Land Development Regulations, Chapter 4, Article 5,
Sections 3, 4 and 5 inserting Flexible Parking Provisions Promoting Smart Growth (CDRV 14-
002) through the addition of reduced parking ratios and eligibility criteria for projects justifying
lower parking needs and accommodating, in part, fuel efficient vehicles, EV charging stations,
incentives for use of mass transit and ride sharing. Applicant: City-initiated.
ER:
The proposed amendments represents one component in a
XPLANATION OF EQUEST
series of changes to the City’s parking requirements intended to directly support Smart
Growth initiatives. The staff report elaborates on the background of Smart Growth and
it’s connection to parking requirements and development review; however, to
summarize, the subject amendments are based on the premise that parking
requirements should be tailored based on the specific needs of a given development,
which may vary by factors other than a general zoning use category. In addition, it
represents a change from traditional thinking that parking standards should be based on
maximum possible peak demand. The intended purpose is to minimize impervious site
surfaces, maximize green/pervious areas, and incentivize sustainable or smart growth
operations.
More specifically, the proposed amendments allow certain uses to justify a reduced
parking ratio by independent professional parking analysis, and in turn, ensure a more
efficiently designed site that accommodates electric and compact vehicles, and other
energy efficient modes of transportation such as bicycles, motorcycles and scooters. It
also requires promotion of car-pooling and use of mass transit.
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A second aspect of the proposed regulations is the amendment to provisions that
currently allow the minimum number of required off-street parking spaces for a given
project to be satisfied, in part, by including those on-street spaces that immediately abut
the frontage of the project. The only areas of the City that are currently eligible for this
provision include the CBD, the Mixed Use High Zoning Districts, and properties within
the Ocean District Community Redevelopment Plan. Staff proposes that the provisions
be expanded to be applicable throughout the Community Redevelopment Area.
Lastly, the Planning & Development Board forwards the item with a recommendation for
approval, but also recommends that the calculation of required handicap accessible
spaces remain unaffected by the proposed parking reduction provisions. This
recommendation has been accommodated by wording added to the first paragraph
under “Section 3. Special Reductions in Required Off-Street Parking” (see Exhibit “A”),
that requires the calculation of accessible parking spaces be pursuant to the base
parking requirements and not the reduced parking provisions. Staff supports this
recommendation given that the justification for reducing total parking space
requirements – smart growth design and operation, would not necessarily reduce the
anticipated need for accessible parking spaces for a given project. A cross-reference to
this requirement is also proposed to Section 5. B. Handicap Accessible Off-Street
Parking.
H?
The proposed amendments
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
promote smart growth design and operation which furthers the City’s Climate Action
Plan and other green initiatives.
FI:
N/A
ISCAL MPACT
A:
None recommended
LTERNATIVES
486 of 579
ORDINANCE 14-020
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA AMENDING PART III, LAND
DEVELOPMENT REGULATIONS, CHAPTER 4, ARTICLE V, “MINIMUM
OFF-STREET PARKING REQUIREMENTS”, SECTION 3, 4 AND 5,
INSERTING FLEXIBLE PARKING PROVISIONS PROMOTING SMART
GROWTH; PROVIDING FOR CONFLICT, SEVERABILITY, INCLUSION;
AND EFFECTIVE DATE.
WHEREAS,
the purpose of this amendment is to insert Flexible Parking Provisions
Promoting Smart Growth into the Land Development Regulations through the addition of
reduced parking ratios and eligibility criteria for projects justifying lower parking needs and
accommodating, in part, fuel efficient vehicles, EV charging stations, incentives for use of mass
transit and ride sharing; and
WHEREAS,
staff recommends the adoption of the amendments to the Land
Development Regulations Chapter 4, Article V, Sections 3, 4 and 5, inserting flexible parking
provisions promoting smart growth design and operation which furthers the City’s Climate
Action Plan and other green initiatives.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA:
Section 1. That the foregoing "WHEREAS" clause is true and correct and hereby
ratified and confirmed by the City Commission.
Section 2. That Part III, "Land Development Regulations", of the City of Boynton
Beach Article II, Chapter 4, Article V, Minimum Off-Street Parking Requirements, Section 3, 4
and 5 are hereby amended as follows:
Chapter 4. Article V. Minimum Off-Street Parking Requirements
Section 3.Special Reductions in Required Off-Street Parking.
The following provisions to reduce the number of required off-street parking spaces shall be
utilized individually and not in conjunction with each other or with any other provision to reduce
parking within this article. NOTE: Calculation of needed handicap accessible off-street parking
487 of 579
spaces shall be pursuant to the base parking requirements and not based on the reduced parking
requirements described by this section for which a project may be eligible (also see below the
section on Handicap accessible Off-Street Parking).
B. Handicap Accessible Off-Street Parking.
.
G. Parking reductions for sustainability.
To promote or recognize sustainable design or
operation, including increased pervious area, reduced parking fields, promotion of mass transit
and uses of renewable energy sources, lower parking requirements will be granted to eligible
developments as follows:
Use Minimum Number of Required Parking Spaces
Building area is based on gross floor area unless specifically expressed otherwise.
Efficiency or one (1)-bedroom apartment 1.33
Two (2) or more bedroom apartment 1.66
Shopping Center 1 per 250
Office – Retail Complex 1 per 250
Grocery Store 1 per 250
(Reserved) (Reserved)
1.Applicability. Eligible developments must be able to provide sustainable design and
operation, and, except where noted below, must be located within one-half (1/2) mile
from a regional transportation facility (e.g. Transit Area), or within 500 feet of a bus stop
with direct access to a regional transportation facility, measured from property line to
property line.
2.Application and Development Requirements. Requests for parking reduction must occur
at time of site plan review, and must include a parking demand study prepared by a
professional engineer and/or based on findings from an existing development or other
comparable projects experienced by the applicant that include, in part, projects designed
to meet lower parking requirements as allowed by this section. The study must provide
evidence that the project would not be deficient of parking, that the reduced ratios would
not adversely affect the project in any way, or increase the demand for parking spaces
upon public streets in the immediate vicinity, or would not increase the demand for
parking spaces on private properties in the immediate vicinity unless in conjunction with
an approval for shared parking pursuant to City regulations.
Eligible applicants must demonstrate that proposed parking design or resources would be
adequate, and shall satisfy the following requirements meeting sustainable design and
operation (where basic mathematical calculations are involved, rounding will be based on
the traditional mathematical rule):
a.Describe, in quantifiable terms, how the project provides an increase in green space
(pervious area) which otherwise would be paved for parking spaces.
b.Accommodate fuel efficient vehicles through provision of covered and well-
illuminated locations with apparatus for parking and locking of bikes and low-
powered mopeds and scooters, and designated spaces for motorcycles and compact
vehicles. Covered storage facilities shall be located on the project site in close
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proximity to the destination of the residents, employees, or visitors.
c.No more than 3% of the required parking spaces are represented by spaces dedicated
to motorcycles, which should be covered as an incentive for use.
d.No more than 10% of the required parking spaces are represented by spaces dedicated
to compact vehicles, and disbursed throughout the project to maximize accessibility
and convenience.
e.Provide efficiency in parking design including consideration for space-conserving
tandem spaces when functionally feasible.
f.Provide vehicle charging stations and dedicated spaces for at minimum Level 2
charging power (1 per 50 dwelling units and 1 per every 50,000 square feet for non-
residential developments in excess of 75,000 square feet.
g.Design for maximized pedestrian interconnectivity for internal circulation and
efficient ingress and egress minimizing travel distance for pedestrians and
bike/moped/scooter riders.
h.Include a parking contingency plan to show areas on the proposed site plan where
parking spaces may be added in the event that a shortage is subsequently realized for
average daily parking demand. If such future spaces do not equal or exceed the total
deficiency determined by the standard parking requirements for the use, provide
operational rules, procedures or strategies at time of site plan approval to off-set the
realized deficiency.
i.Facilitate a ride-sharing/car pool program by screening, recording and maintaining
participants’ travel destination information, schedules and routes for controlled access
by residents and employees.
j.Maintain bus and train schedules in the management office, accessible to residents
and employees. The management shall designate employees who will maintain and
distribute schedule and route information enabling them to advise residents and
employees as necessary.
k.Consider a shuttle service/program providing transportation to the nearest transit
facility, whether as an incentive or fee-based. Residents should be polled for interest.
l.Include marketing goals and practices targeting residents who work atypical shifts,
including incentives for those in fields such as law enforcement, medical, security,
etc.
m.Provide the following information to residents at time of lease, and post it on a
permanent sign visible from a common location and at entry to the management
office: “This development offers sustainable living (or working) environment that
facilitates a reduction in required parking spaces while accommodating bikes, low-
powered mopeds and scooters, motorcycles, compact vehicles and electric vehicles.
Contact the management for further information”.
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n.Establish and implement operational rules that regulate the maximum number of
vehicles per unit, provide incentives for minimizing total vehicles and maximizing
compact and electric vehicles, and restrict where lesser used vehicles such as
recreational, work, or utility vehicles and equipment can be parked or stored.
Incentives shall be provided for single vehicle households or to those regularly using
or dependent on public transportation.
o.Implement an operational rule prohibiting operators, residents, employees, visitors,
etc. from using any parking space, including interior garage spaces, for any purpose
other than for the temporary parking of vehicles as intended and designed for the
project.
p.Consent to providing a report containing evidence of continued compliance with the
requirements herein upon request by the City.
Chapter 4. Article V. Minimum Off-Street Parking Requirements
Section 4. Exceptions to Providing Required Off-Street Parking.
C. On-Street Parking.
2. Conditions. The provision for on-street parking space to be used to meet the minimum
number of required off-street parking spaces shall be subject to the following conditions:
a. The on-street parking provision is applicable to all existing or proposed
development located within either the Central Business District (CBD), a subsequent zoning
district established to supplement or replace the CBD, or within a lot or parcel located within the
adopted Ocean District Community Redevelopment Plan the Community Redevelopment Area.
Chapter 4. Article V. Minimum Off-Street Parking Requirements
Section 5. Other Parking Regulations.
B. Handicap Accessible Off-Street Parking.
1.Applicability. All parking lots shall meet or exceed State Handicap Code requirements,
and comply with the Florida Building Code.
All residential district parking spaces (surface, covered, enclosed) required pursuant to the
Florida/Federal Fair Housing Act shall comply with the mandatory requirements of the Act.
There shall be provided off-street handicapped parking spaces available at the time of the
erection of any structure of any structure or the enlargement of any structure.
2.Table 4-23. Handicap Accessible Parking Requirements.
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Total Spaces* Min. Accessible
Up to 25 1
26 to 50 2
51 to 75 3
76 to 100 4
101 to 150 5
151 to 200 6
201 to 300 7
301 to 400 8
401 to 500 9
501 to 1,000 2%
Over 1,000 **
Source: Florida Building Code (Florida Building Code should be reviewed for current
requirements)
*See Section 3. Special Reductions in Required Off-Street parking when calculating required
accessible parking spaces for a project designed according to a reduction provision.
**Twenty (20) spaces plus one (1) space for each one hundred (100) over one thousand
(1,000)
In addition to the above parking requirements, the Florida Building Code requires additional
accessible spaces for medical uses that provide out-patient treatments or services for persons
with mobility impairment.
The design and maintenance of accessible parking spaces and signage shall be in accordance
with the Florida Building Code. All required handicap accessible parking spaces shall be
provided on-site.
Section 3. All prior ordinances or resolutions or parts thereof in conflict herewith are
hereby repealed to the extent of such conflict.
Section 4. If any section, sentence, clause, or phrase of this Ordinance is held to be
invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way
affect the validity of the remaining portions of this Ordinance.
491 of 579
Section 5. It is the intention of the City Commission of the City of Boynton Beach,
Florida, that the provisions of this Ordinance shall become and be made a part of the City of
Boynton Beach Code of Ordinances; and that the sections of this ordinance may be renumbered
or re-lettered and the word "ordinance" may be changed to "section," "article," or such other
appropriate word or phrase in order to accomplish such intentions.
Section 6. This Ordinance shall be effective immediately after adoption by the City
Commission.
TH
FIRST READING this 19 day of August, 2014.
SECOND AND FINAL READING ADOPTED this ___ day of ________, 2014.
CITY OF BOYNTON BEACH, FLORIDA
_________________________________
Mayor – Jerry Taylor
_________________________________
Vice Mayor – Joe Casello
_________________________________
Commissioner – David T. Merker
_________________________________
Commissioner – Mack McCray
_________________________________
Commissioner – Michael M. Fitzpatrick
ATTEST:
______________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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13. F
LEGAL
August 19, 2014
COBB
ITY F OYNTON EACH
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CMD:
August 19, 2014
OMMISSION EETING ATE
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ETTLEMENTS
RACC:
AMENDED RESOLUTION NO. R14-075 -
EQUESTED CTION BY ITY OMMISSION
Restating date of budget adoption public hearings
ER:
The original Resolution announced the first public hearing
XPLANATION OF EQUEST
date which was subsequently changed by one day to comply with TRIM requirements.
The revised date for the first public hearing is September 3, 2014.
H?
Resolution provides clear
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
restatement of the date, time and place of the first public hearing to adopt Fiscal Year
2014-15 millage rate and budget.
FI:
None
ISCAL MPACT
A:
None
LTERNATIVES
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AMENDED
RESOLUTION NO. R14-075
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, ADOPTING A PROPOSED MUNICIPAL
MILLAGE RATE FOR GENERAL OPERATING BUDGET
PURPOSES FOR FISCAL YEAR 2014-2015, STATING A
ROLLED-BACK RATE, AND SETTING FORTH THE
DATE, TIME AND PLACE OF THE FIRST PUBLIC
HEARING; PROVIDING FOR SEVERABILITY,
CONFLICTS AND AN EFFECTIVE DATE.
WHEREAS,
pursuant to Florida Statute 200.065(2)(b) it is the responsibility of the
Municipality's governing body to advise the Property Appraiser of its, proposed millage rate,
rolled- back millage rate, and the date, time and place of the first public hearing at which the
proposed millage rate and tentative budget will be considered.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida, hereby sets a
proposed millage rate of 7.9 which has been computed to fund the General Operating Budget for
Fiscal Year 2014-15. The rolled-back rate is 7.4664.
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby sets
.
September 3, 2014 at 6:30 P.M, at Boynton Beach City Hall, 100 East Boynton Beach
Boulevard, as the date, time and place of the first public hearing to consider the proposed millage
rate and the tentative budget.
Section 3. The City Manager of the City of Boynton Beach, Florida, is hereby
authorized to execute and submit DR-420 Certification of Taxable Value to the Palm Beach
County Property Appraiser's Office.
Section 4. 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 in no way affecting the validity of the other provisions
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of this Resolution.
Section 5. All Resolutions or parts of Resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Section 6. This Resolution shall become effective immediately upon its passage and
adoption.
PASSED AND ADOPTED
this ____ day of August, 2014.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Joe Casello
______________________________
Commissioner – David T. Merker
______________________________
Commissioner – Mack McCray
______________________________
Commissioner – Michael M. Fitzpatrick
ATTEST:
________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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13. G
LEGAL
August 19, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
August 19, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
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AI
GENDA TEM
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R14-076 -
EQUESTED CTION BY ITY OMMISSION
Approve ratification of new Collective Bargaining Agreement for Officer and Detective bargaining
unit.
ER:
With the assistance of a State-appointed Special Magistrate,
XPLANATION OF EQUEST
the City and the Palm Beach County PBA completed the impasse process and
successfully negotiated a new Collective Bargaining Agreement for the Officer and
Detective bargaining unit. The Agreement is for a three-year term that will end 9/30/16.
The attached Agreement shows the revisions to the previous Agreement.
The PBA and City also reached agreement for the Lieutenant and Sergeant bargaining
units. Those two Agreements are still being drafted and will reach the Commission for
ratification in September.
H?
The new Agreement will bring
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
greater fiscal and operational stability to the Police. The wage provision corrects the
salary compression issues that resulted from wage freezes during the years the City
experienced the nationwide economic downtown.
FI:
The most significant fiscal impact of the collective bargaining
ISCAL MPACT
agreement is the salary increase for the members, these will go in effect when both
sides have ratified and signed the collective bargaining agreement. The impact to
salary expense is approximately $416,942.00 for FY 14/15. Additional changes will go
into effect at the same time but it is not certain as to the fiscal impact of these changes
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for the upcoming fiscal year but staff believes it will result in a reduction of some
expenses.
A:
Reject the negotiated Agreement and direct the City Manager to
LTERNATIVES
resume negotiations.
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14. A
FUTURE AGENDA ITEMS
August 19, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
August 19, 2014
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:
Discuss impact of pending legislation legalizing
EQUESTED CTION BY ITY OMMISSION
restricted use of medical marijuana. TBD
ER:
Vice Mayor Casello requested a future agenda item for
XPLANATION OF EQUEST
discussion of the impact of this legislation on city zoning, business licenses, etc. This
item will be scheduled for an August commission agenda.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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14. B
FUTURE AGENDA ITEMS
August 19, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
August 19, 2014
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
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Hear presentation from All Aboard Florida - 9/3/14
EQUESTED CTION BY ITY OMMISSION
ER:
As a result of discussions at the Budget Workshop on July
XPLANATION OF EQUEST
nd
22, the Commission has requested a future agenda item for discussion of the impact
of this project. All Aboard Florida representatives will attend our Sept. 3, 2014
Commission Meeting to answer any questions the Commission and public may have.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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14. C
FUTURE AGENDA ITEMS
August 19, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
August 19, 2014
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:
Public Works to bring forward an ordinance
EQUESTED CTION BY ITY OMMISSION
revising monthly refuse charges to single-family and multi-family residences to be effective
9/03/14 - TBD
ER:
As part of the FY14/15 proposed budget staff is requesting
XPLANATION OF EQUEST
an increase in the monthly refuse charge for single-family and multi-family residences of
$1.00 per month. Public Works will bring forward an Ordinance addressing this with
anticipated effective date of 10/1/14.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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14. D
FUTURE AGENDA ITEMS
August 19, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
August 19, 2014
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:
Staff report on Human Rights Council's request for
EQUESTED CTION BY ITY OMMISSION
City to update its non-discrimination policy and offer domestic partnership benefits. - September
16, 2014
ER:
City Commission at the August 5, 2014 Commission
XPLANATION OF EQUEST
meeting requested that the Human Resources department prepare a staff report
concerning the above request.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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