Agenda 06-20-00 CITY OF BOYNTON BEACH
OFFICE OF THE ASSISTANT CITY MANAGER
INTER-DEPARTMENTAL CORRESPONDENCE
DATE: June 16, 2000
TO:
Kurt Bressner, City Manager
FROM:
Dale S. Sugerman, Assistant City Manager
SUBJECT: Letter of Credit- East Ridge P.U.D.
David W. and Heidi M. DeGraf
Attached is a copy of the Irrevocable Standby Letter of Credit #98-102, which we are
holding for the above referenced project An extension of the land development permit is
being considered by the City Commission at their June 20~ meeting.
You will notice that the letter of credit is automatically extended, without amendment, for
additional one-yea~; periods, unless the bank notifies us in writing at least 90 days before
any expiration date.
It appears, therefore, that this Letter of Credit witt remain valid, through any extension of the
land development permit granted by the City Commission, unless we receive a notice from
the bank within 90 days of its expiration.
Dale S. Sugerman
Assistant City Manager
cc: James A. Cherof, City Attorney
Quintus Green, Director of Development
COLONIAL BANK
April 7, 1998
City of Boynton Beach Building Department
1000 East Boynton Beach Boulevard
Boynton Beach, FL 33425
Gentlemen:
RE: OUR IRREVOCABLE STANDBY LETTER OF CREDIT #98-102 ISSUED IN
YOUR FAVOR ON BEHALF OF DAVID W. AND HEIDI M. DEGHAF
We hereby open our IRREVOCABLE STANDBY LETTER OF CREDIT #98-102 in
your favor for the account of DAVID W. AND HEIDI M. DEGRAF in the
aggregate amount of EIGHTY TWO THOUSAND AND N0/100 US DOLLARS
($82,000.00) available by payment of your draft(s) at sight drawn
on us when accompanied by the following document(s):
A statement purportedly signed by an authorized representative
of the CITY OF BOYNTON BEACH BUILDING DEPARTlqE.NT stating, ~the
funds drawn under this LETTER OF CREDIT are needed to pay for
the consuruction of a water distribution system and sewage
collection in accordance with the City's land development code
in connection with the proposed EAST RIDGE PROJECT, and DAVID
W. AND HEIDI M. DEGRAF have failed to complete the work
stated," and,
2. The original LETTER OF CREDIT and any subsequent amendments.
It ls a condition of this credit that it shall be deemed
automatically extended, withouu amendment, for additional one year
periods unless we notify you in writing at least 90 days before the
current or any future expiration date that we elect not to extend
this crediu for any such additional one year period. Notice to the
City that the LETTER OF CREDIT will expire, prior to the
performance of the obligations guaranteed by this LETTER OF CREDIT,
shall be deemed a default and shall entitle City to collect on this
LETTER OF CREDIT by presentation of sight draft(s) and a sua~emenu
purportedly signed by an authorized representative of the CITY OF
An Affiliate of Colonial BancGroup, Inc.
2000 Palm Beach Lakes Boulevard, West Palm Beach, Florida 33409
P.O. Box 3305, West Palm Beach, Florida 33402-3305
Telephone 561/683-1600 / Fax 561/683-4532
www. eolonialbank.eom
AN EQUAL OPPORTU%NITY EMPLOYER
City of Boynton
April 7, 1998
Page 2
Beach Building Department
BOYNTON BEACH BUILDING DEPARTMENT s~aning, ~we are in receipt of
non-renewal notice for this LETTER OF CREDIT and the funds drawn
under this LETTER OF CREDIT are needed to pay for the construction
of a water distribution system and sewage collection in accordance
with the City's land development code in connection with the
proposed EAST RIDGE PROJECT, and DAVID W. AND HEIDIM. DEGRAF have
failed to complete the work stated."
This LETTER OF CREDIT is irrevocable and shall remain enforceable
until released by a resolution adopted by the City Commission or
the current or any future expiry date, whichever is earlier.
This LETTER OF CREDIT is enforceable in a court of competent
jurisdiction in Palm Beach County, Florida, and is ~o be
inuerpreted by Florida law.
Excepn so far as otherwise expressly stated herein, this credit is
subject ~o the Uniform Customs and Practice for Documentary Credits
(1993 revision), International Chamber of Commerce Publication No.
500, and in the event of any conflict, is to be interpreted by
Florida law. Litigation hereunder, if necessary, shall be in a
court of competent jurisdiction in Palm Beach County, Florida.
We hereby agree with you that draft(s) drawn under and in
compliance with the terms and conditions of this credit shall be
duly honored if presented with document(s) as specified and the
original of this credit, at our office located at 2000 Palm Beach
LaMes Boulevard, West Palm Beach, Florida, on or before the above-
stated expiry date or any automatically extended date as provided
for herein. Draft(s) drawn under this credit must specifically
reference our LETTER OF CREDIT number.
mcm
V~/y truly yours,
Dawn Calder
Vice President
.lune 20, 2000
CITY OF BOYNTON BEACH
REGULAR CITY COMMISSION MEETING
AGENDA
Z. OPENZNGS:-
Do
Call to Order- Mayor Gerald Broening
Invocation- Rabbi Max ROth - Temple Beth Kodesh
Pledge of Allegiance to the Rag ed by Commissioner Charlie Fisher
· FI'LL OUT'
* GZVE I'T TO FORM
6:30 P.M.
INDZVZDUALS MAY SPEAK FOR THREE UNZNTERRUPTED MTNUTES.
Agenda Approval:
Additions, Deletions, Corrections
Adoption
ZZ. ADMZNZSTRATZVE=~
Appo ntment
To Be Made _
Mayor Broening
II Black
III Sherma~
IV Fisher
II Black
III Shermam
Mayor Broening
Appointments to be made:
Length of Term
Ex iration Date
Children & Youl~ Advisory Beard Alt
Children & Youth Advisory 8oard Rec~
Children &Youth Advisory Board Stu/Reg/VotJng
Children &Youth Advisory Board 5tu/Reg/N~nVofdng
Bldg. Board of Adjustment & Appeals Alt
Bldg. Board of Adjustment & Appeals Alt
Alt
Code Compliance Board
III Sherman Education Advisory Board Reg
1~ Fisher Education Advisory Board Alt
Mayor Broening Education Advisory Board Alt
I Weiland Education Advisory Board Sto
[[ Black Education Advisory Board Reg
1 yr term to 4/0I Tabled (3)
2 yr term to 4/02 Tabled (3)
1 yr term to 4/01 Tabled (3)
1 yr term to 4/01 Tabled (3)
1 yr term to 4/01 Tabled (3)
1 yr term to 4/01 'Fabled (3)
1 yr term to 9/00 Tabled (3)
2 yr term to 4/02 Tabled C3)
I yr term te 4/01 Tabled (3)
1 yr term to 4/01 Tabled (3)
! yr term to 4/01 Tabled (3)
2 yr term to 4/02
City of Boynton Beacit
Agenda
City Commission MeeUn~
3une 20, 2000~: ~
Mayor Broenin~
[I 81ad<
ILl Sherman
II
IJbra~/Board All:
Nuisance Abatement Board Peg
Nuisance Abatement Beard Alt
Black Recreation & Parks Board Alt
ANNOUNCEMENTS & PRESENTAI'ZONS.-
A. Announcements:
1 yr term to 4/01
2 yr term to 4/02 Tabled {3)
1 yr term to 4/0! Tabled (3)
iyr term to 4/0I Tabled (3)
In observance of the July 4~ Holiday, City Halt will be dosed. The first
City Commission Meeting in July will be het(~ on Wednesday~ July 5, 2000
at Boynton Leisureville Community Clubhouse located at 1807 SW 18~
Street
B. Presentations:
1. Proclamations:
"Code Enforcement Officers' Appreciation Week" - 3une 19-23,
2000
b. The ~ of3uly BKj Blast Ce ebration"-3uly 4, 2000
2. Orientation PowerPoint Presentation- .lames Cherof, City Attorney
Legislative Update- Senator Ron Kleir~
4. New High School Pdncipat - Introduction by Virginia Far-ace
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 commer. L~.
A, Minutes:
Bo
Agenda Preview Conference of June 1, 2000
Regular City Commission Meeting of June 6, 2000
Bids - Recommend Approval - All expenditures are approved in the 1999-2000
Adopted Budget
City ofBoynton Beach
Agend~
CityCommission MeeUn~
3une20~200~;.
C.
Ii
Approve piggyback of BOCA RATON RFP #98-057 to Ashbritt,~ Inc., "FOR
DEBRIsCCJLLECT~ON AND DISPOSAL- 2000 HURRICANE sEAsoN,;. This
contract will be reimbursable from FEIVIA.
Award BID #068-2910-00/C3D to West Const~uction~ Inc. for the "RE-BID
BOYNTON BEACH MUNICIPAL GOLF COURSE JOE DELONG BLVD.
IMPROVEMENTS" in the amount of $I31,410
RESOLUT~ON NO. RO0-80~ (~ROi~OSED
3. Approve the
BEACH COUNTY CONTRACT NO. R-99-
Architects & Planners~ [nc. for
with estimated
~ .]MW' Construction Corporation for the
AT ' AND RESTROOHS
in the amount of $120~700
Roo~o~)
5. Award BID #05g~!4~-O~/KR "P~RCHASE OF STREET SIGNS, NEW AND
REPI./~.~CEMENT, SiGN ACCES$ORZES AND PARTS" to vadous vendors
an estimated annual expenditure of $20,000 for
6. Extend the '~ANNUAL SUPPLY OF REMOTE TOUCHREAD/METER SYSTE ';
BID ?089-282Z-99/C3D, to Sensus Techn°lnai~ · .... --. M.
· -a '~t ~H~-,r [o1~ air a(3oitional
year rot an:estimated~annual expendittJre of $~00~000
7. Approve the"sole source" ....
' ' 'i ' ~,u~e~e or ~YEWZTNESS IN-CAR VIDEO
SYSTEM from: Kustom~Signals, INC., n the amount of $14,070
. ' ~: , ~.K~I~'WORKAS PARTOFTHE WI[SO
POOL FACADE PROJECT' in the ameUnt of $10;640- N
9. Approve the "PURCHASE OF ERGONOMIC FURNITURE for Ut
Department in the amoant of $20,428.89 utilizing PR[DE OF FLOR[DA t es
Award- BID #056-25[[-00/CJD to V.I.P. Painting, Inc. for the "PAINTING
:BU.I I S SOY.TO, BE*C.,
u~N ~ON BEACH, FLOR[DA; in the amount of $23,764
Resolutions:
Proposed Resolution No. R00-82 Re: Authorizing the
execution of an [nterlocal Agreement with Palm Beach County to accept a
one-time reimbursement contribution in the amount of $65,040 to be
3
Cib~ of Boynton Beach
Agenda
City Commission MeeUng
3une20, 2000--
used towards the installaUon of improvements to the golf course front
entranceway
e
Proposed Resolution No. R00-83 Re: Authorizing the Mayor
to execute an agreement between the City of Boynton Beach and the U.
S. Deparffnent of Justice Office of Community Policing Serv cos to apply
for a grant under the Universal Hiring Program in the amount of $300,000
over a three-year pedod
Proposed Reso ution NO. R00-84
Re: Authorizing the
for Landscaping along
Inteist~te 95
ProposedResolution No; R00-85 Re: Approving an
amendment to ~e Financial Assistance Agreement dated April 20, 7`999
for landSCaping improvements a ong Congress Avenue fr~m SW 23~
Avenue (~o. ~)~e~n D~ive~ exten~lr~- th; ~--~ ,_z '_ ....
~. ..... ~ L. -.. -'___~ ~ ,, t~ umla~ ~ur provlolng relmoursement
rrom rWarcn ~; ZUUOtO uecemoer 31, 2000
Proposed ResoluUon No. R00-86 Re: Authorizing staff to
apply loc Phase vi[r, Palm Beach County Roadway Beautification 50/50
Matching 'Grant
6. Proposed Resolution No. R00-87 Re: Approving an
Agreemenl: for Utility Service Outside of City Umits between the City of
Boynton Beach and Cascade Lakes, Ltd.
Ratification of Planning & Development Board Action:
1. Altmart (AKA) Bay Vist~- South Federal Highway Northeast of the
Intersection with SE~3~ Avenue o ..... ~__ ~_ _
- ~lu~.~ ~ur new sil:e plan approval to
constructa 286 unit multi,family development on 14.33 acres
2. Bergata (Melear PUD 3A and 3C) - Southwest coroer of Miner Road and
iSaan.dalwood Drive-- Request: for new site plan approval for common area
andacaping and recreation fadlity
Approve the extension of the land development permit issued June 9, 7,998 for
East Ridge. PUD for one year from the 21-month expiration date (or March 8,
2007`)
Approve the purchase of 15 Model Year 200I Club Cars to replace 15 Model Year
1994 Club Cars ab ra CO~t~ Of $30,975 from the Golf Car~ Replacement Reserve
Account
City of Boynton Beach
Agenda
City Commission Meeting~
~une 20, 200~ .-
CITY MANAGER'S REPORT.-
A. CRA Review of Pond"B" Pavilion (Discussion from June 14, 2000 CRA Meeting)
PUBLIC AUDZENCE~
ZNDMDUAL SPEAKERS WTLL BE LIMITED TO 3-MTNUTE PRESENTATiONS
PUBLIC HEAR.T. NG.- 7:00 P.M; OR AS SOON THEREAFTERAS THE AGENDA PERM.TTS
A. Project:
Agent: Quantum Business Park (Utility Easement)
Winston Lee ASLA, A][CP/Winston Lee & A~ssociates, ~[nc.
Owner: Gateway Business Park L.C.
Location: Nortff of ~he intersection of Gateway Boulevard and
Quantum Boulevard
Description: Request for abandonment of an easement on 0.13 acres
located on a portion of Lots #36, #37 and #38 in the
Quantum Park
Projedc:
Agent:
Owner:
Location:
Description:
Airman (AKA) Bay Vista
Chris Kerr, Kilday and Associates, [nc.
David E. Blankenhelm .
South Federal Highway. northeast of the intersecrfion with
SE 23~ Avenue
Request to amend [fie Comprehensive Plan Future Land
Use; Map from Local Retail Commerdat (LRC) to Special
High Densi[y Residential (SHR) and rezone from
Community Commercial (C-3) to Multiple-Family
Residential (R-3) for 2.33 acres
VIIL FUTURE AGENDA ITEMS=
Review polio/for cemetery late arrival fee
Status of Enforcement of Non-conforming Freestanding Signs with Update on
Wail Sign ]:nventory Work (August I, 2000)
Workshop on Proposed Billboard Resolution --July 13, 2000 @ 6:30 p.m.
Report on Bids for Ocean Avenue Promenade- July 5, 2000
Report on Implementation Options for Stormwater Fee Structure covering CBD
Area tributary to Pond "B" (3uly 18, 2000)
City of Boynton Beacl~~
Agenda
City Commission MeeUng
3une 20, 2000' -
DEVELOPMENT PLANS:-
None
X. NEW BUSZNESS:
XZ. LEGAL:
Ordinances - 2nd Reading - PUBLIC HEARING
Proposed Ordinance No. 000-21 Re: Regarding the project
at the Intersection of Federal Highway known as Villa Del Sol; amending
Ordinance 89-38 by amending the Future Land Use Element of the
Comprehensive Plan by adopUng the proper..land use by changing the
land use- designation from LOcal Retail Commercial to Special High
Density Residential
Proposed Ordinance No. O00-22 Re: Amending the text of
[:he Future Land Use Element of the Comprehensive Plan in connection
with the application by Grove Parb~ers~ Ltd. (for the project known as
Villa Del SOl) within the Planning Area 1P to amend the land use
classificab*on '
e
Proposed Ordinance No. 000-23 Re: Regarding the
application of Grove Partners limited for the project known as Villa Del
Sol, located at the intersection of Federal Highway (US ! and Old Dixie
Highway) amending Ordinance 91-70 by rezoning from C-3 Community
Commercial to R-3 High Density ResidenUal
Proposed Ordinance No. O00-25 Re: Amend the Future
Land Use Hap from Medium Density Residential to Recreational for a 4-
acre tract of land (Palmetto Green Park)
Proposed Ordinance No. O00-26 Re: Amending the Future
Land Use Map from Office Commerdal to Low Density Residential for a
30~acre tract of land (Lsles at Hunters Run)
Proposed Ordinance No. 000-27 Re: Amending the Future
Land Use Hap from Low Density Residential and Medium Density
Residential to Recreational as required by the irnterlocal Agreement with
Palm Beach County for a 53.69-acre tract of land (soacrest Scrub)
City Of Boynton Beach~
Agenda
City Commission MeeUng.
3une20, 2000--
7:
Proposed Ordinance No. 000-28 Re: Amending the Future
13.59-acreLand Use MaPtract from(RosemaryMOderatescrub)Density Residential to Recreational for a
Proposed Ordinance No. 000029
Evaluation
Re: Adopting the
(EAR)-based amendments to the
objectives and polides, and
lO.
~or
services
setbacks
Re: Amending the Land
Zoning~ to establish a new section
Luther King Boulevard Overlay
Re: Creating a new
public lands
cable television or open video system
1I.
Proposed Ordinance No. 000032 Re: Creating a new
chapter of the City Code peRaining to the franchising and licensing of
telecommunications Providers
Ordinances-- 1,t Reading
Proposed Ordinance No. 000024 Re: Amending Land
Development RegulationS; Attic e E, Chapter 21, Section 3. to allow
billboards in pul~lic use districts on property owned by the City and
adjacent to [-95' as a[ conditional ruse (TABZ~O ON 4__/4/00 - 14/]ZZ
Proposed Ordinance No. 000033 Re: Amending Chapter
18, Arb'de III, Pensions for Police Officers; creating a new Section 18-176
- Deferred Retirement Option Plan
Resolutions:
1. Proposed Resolution No. R00-88 Re: Appointing a voting
delegate to represent the City of Boynton Beach at the Rorida League of
Cities, THC;, 74~ Annual Conference to be held August 10-12, 2000
Other:
1. Ratification of Cede Compliance Board action:
City of Boynton Beach
Agend~
City Commission MeeUng=
3une 20, 2000 - -
Reduce the fine in Code Compliance Case #99-2481 (115 NW 3rd
Avenue) to the administrative costs of $634.18. The total fine
before redu~on was $2,950 plus the aforementioned
administrative- costs.
XZZ. UNF~NZSHED BUS~NESS~
XZZ~ OTHER~
XI'V. AD3OURNMENT:
NOTICE
(F.$. 286.0105) HE/S~E MAy NEED TO ENSURE THAT A VF-RE~T~I'4
~ ~rr~l UN~ ~ p~ ~ ~O ~OY ~E B~ ~ - c;m.~Y ~ ~ ~ IND~DUAL ~ A DIS~I~ ~
~A~3OY~CO~o, (S61) 742-6013AT ~a'""'~'~MrORA~CONDU~BY~E~ P~SE
~ ~'~UR H~ P~OR ~ ~E PR~ OR A~ ~N ORDER ~R ~E
FZNAL AGENDA - 06/16/20o0 1i:22 AM
\\CH \MA~N\SHRDATA~CC\WP\CCAGENDA~GL:NDAS\062000 CH AMENDED AGENDAJ:x~c
Requested CiW Commission
Meeting Date~
[~ March 21, 2000
[~ April 4~2000
[] ^p~ ~0o
[] May2, 2000
ITEM III-B.l.a.
Announcements 8, Presentations
Proclamations
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form Must:be Turned~
into CiW Clerk's Office
March 8, 2000 (5:00 p:m.)
March 22, 2000 (5:00 p.m.)
April 5, 2000~ (5:00
' P~gluesled CityCommission
Meeting Dates
[] May 16, 2000
[] June 6, 2000
. ' i[] June 20, 2000
Aprili9,2000.(5:00p.xc~). : [~ July5,2000
Date Final Form Must be Turned
in to City Clerk's Office
May 3, 2000 (5:00 p.m.)
May 17;2000 (5:00 p.m.)
June 7, 2000 (5:00 p.m.)
lune 21, 2000 (5:00 p.rm)
NATIYRE OF
AGENDA ITEM
[~] Adminiatrative [] Development Plans
[] ConsentAgenda- [] New Business
[] Publie Hearing [] Legal
[] Bids [] UnfmishedBusiness
[] Almouncemenl~ [] Presentation
RECOMMENDATION: Read the attached Proclamation into the record at the June 20, 2000 City Commission
meeting.
EXPLANATION: "Florida Association of Code Enforcement (FACE) has declared the fourth week of June be set
aside by local government to honor and recognize their Code Enforcement Officers."
PROGRAM IMPACT: Recognition of tl~hard work and dedicated efforts of the Code Compliance staff.
FISCAL IMPACT: Code Compliance provides a vital function in fulfilling the City s vision of becoming a place in
which one can enjoy a high quality of lif~ This translates into increased property values and tax base, both of which
are a major contributor to the overall economic stability of our City.
" Department~ead's Signamr~ "C~ty Manager s Sxgnamre
Department Name
City Attorney / Finance / Human Resources
S :\BULLETINkFORMSkAGENDA ITEM REQUEST FORM.DOC
WHEREAS, Code Enforcement Officers provide for the safety hea th and ~{fam of the
citiZens in this cordmunity thmUg~the enfomeme~t of bUilding~ zon~g, housing, ai~:i~a ~;0ntml
· fire safety,'environmen~i?n~ot~r c0~es~ai~dinances; ~nd~ ' ~'~ ~ i i '
WHEREAS, Cod~EnfOrcement Off[c~are often:~t credited for the j(~ ~that they do in ·
saving lives and impr0~in~ ~ei~hb6h%0dsi: a~aJ-e emergency personnet suct~ ~ t~olice fire and
' emergency medicaise~:~a~d- ~
WHERF. A~, e~e~,da~;,' 9SSisted by, ~e supPp~,ah~ program staff, [~y attempt to
~HER~S, toe m~ny time~.their ~ ~o unnoticed; e~en after ~de ~mp lance has
been a~mp ~shed due to theme~ aed e~eA~se.
WHEREAS, Code;!Enfomem~n'~: :~'are dedicated; well trained, and highly
responsible, individuals who!take theif~jobS~USly and are proud of their depa~ent and the
local g°v, emment Within which-they s~ej aa(t ~i ~ , '
Enforcement Officers;
Mayo: of ~e
as:
(F.A.C.E.) has declared the
nize their Code
virtue of the authority vested~ in me as
] the week of June 19-23; 2000
in Boynt0n Beach; Florida~ in~ accorda, nce with .the, state-wide Observance~ of the same and
encourage the citizens'af BbYnto~ Bea~ to join this CommisSion in expressing aPl~reciation for
the dedicatioff an(t Outstanding semice provided by the individuals who Ser,/e ~s our Code
Enfomement Office~
IN,WITNESS/WHEREoF, Ihave hereunto set my hand~ and caused the-Seal 'of the City of
Boynton Beach, ROdda. to be affixedthis 20th day of June in the Year 2000.
ATTEST:
~ity Clerk
(Corporate Seal)
Gerald Bmening, Mayor
City of' Boynton Beach
CITY OF
Mar~h g, 200O (J:00
March 22. 2000 (~:00 p.m.)
~s.~oo (s:oo p.,,,-)
Requested City Commiamon
M~nln~ Dates
[] May 16, 2000
[] June 6. 2000
[~ Jane~20, 2000
2000' (5:00 p.m,) [] July $,~2000
Ill-Announcement & Presentations:
"B"- Proclamations:
Item 1.b.
Date Fhml Form Must be Turned in
to City Clerk's Office
Ma~ ~. 2000 (5:00 p.m.)
May 17, 2000 (~:00 p.m.)
~[une 7. 2000 (5:00 p~)
Juno 21, 2000 (5:00 p.m.)
NATURE OF
AGENDA ITEM
[~ Administrative ~] Development Plans
73 Consent AgentM- [] New Business
[~ Public Hearing [] Legal
[] Bids [] UnfinishedB,,ainess
[] Announcement [~ Presentation
RECOMMENDATION: Please read the attached Proclamation at the June 20m, 2000 Commission meeting..
EXPLANATION: The City of Boynton B~ch Department of Leisure Sea-vices .w~l. l.h. ost. th? ~a~uual 4~ of Suiy BIG BLAST
event at Boat Club Park, on Tuesday, July 4~, 2000, from 3:30pm- 9:30pn~ Actwut~es mcluo~.
· Family entrainment, games, and contests will be available through the Radio Disney "Party Patrol". 3:30pm-
5:30pm.
· The"island sounds" of tim band "Kwa-ze', from 6pm - 9pm
Various Honor & Color Guards will raise the flag and the National Anthea'n will be sung at 7pm.
The BIG BLAST fireworks show will begin at 9pm
· Food & beverag~ vendors will be an-site throughout the day.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
City Manager's Signature
DoparUnent Name
City Attorney / Finance / Hnman P~sources
s ABULLETI~FORMS~AGENDA 1TEM R~QUEST FORM.1X)C
- WHEREAS, i~ is a ith Pride that the City 80yntOn
pleasure and w of Beach host
and conduct for area local citizens the 40FJULY BIG BLAST CELEBRA'I'[ON; ~nd
· celel0rate~.~our Country's- heritage~ .and birthday with'~ entertainment an~ fireworks~ to
Showcase our local spidt;
NOW~ THEREFORE, ir, Gerald Bmening, by virtue of the authority vested in me
as Mayor of the City of Boynton Beach, Florida, do.hereby proc a m 3uly 4~, 2000 as
THE 4TM OF3ULYBtG B ST CELEBRATZON
and extend to all a Warm welcome from the City of Boynton Beach to attend this
celebration at Boat Club Park.
ZN WZTNESSWHEREO~ ! have hereunto setmy hand and caused the Seal of
the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, this 20~ day
of 3une in the year 2000.
An'EST=_
Gerald Broening, Mayor
City of Boynton Beach
City Clerk
(Corporate Seal)
\\ch~ainLshrdata\cc~wp\ccagendaL~c~odamat~ons'Loroc :L 60 4~ o~ July big blast celebration.doc
Requested City Comrmss~on
Meetin~ Dates
[] March 21.2000
[] April 4, 2000
[] April 18. 20O0
[] May 2, 2000
IV-CONSENT AGENDA
CITY OF BOYNTON BEACH ITEM B.1
AGENDA ITEM REQUEST FOR
Date Final Form Must be Turned
into City Clerk's Office
March8, 2000 (5:00p.m.)
March 22, 2000 (5:00 p.m.)
April 5, 2000 (5:00 p,ro,)
April 19, 2000 (5:00p.m.)
Requested City Cormuission
Meetine Dates
[] May 16, 2000
[] June 6, 2000
[] June 20, 2000
[~ JulyS, 2000
Date Final Form Must be Tumed
in to CiW Clerk's Office
May 3, 2000 (5:00 p.m-)
May 17, 2000 (5:00 p.m.)
Jvae 7, 2000 (5:00 p.m.)
June 21, 2000 (5:00 p.rm)
NATURE OF
AGENDA ffEM
[~] Adminisffative [] Development Hans
[] Consent Agenda [] New Business
[] Public Hearmg [] Legal
[] Bids [] Unfinished Business
[] Annotmcemen~ [~ Presentation
RECOMMENDATION: MOTION to approve a "piggy-back" of BOCA RATON RFPg98-057 to ASHBRITT, INC.
for Debria Collection and Disposal - 2000 Hurricane Seasom This RFP is to be utilized as an insurance policy on an
"As Needed Basis" for debris collection and disposal. This contract will be reimbursable from FI/MA, therefore,
there is no expenditure.
EXPLANATION: Procurement Services has reviewed the request from PUBLIC WORKS to have Ashbritt, Inc.
provide a contract for the collection and disposal of debris. This contract will be for the hurricane season of the year
2000.
Procurement Services requests Commission's review, evaluation and approval;
PROGRAM IMPACT: Due to the critical nature of this service, it is imperative to have a contract in place in case of a
hurricane, in order to avoid delays in servieein an emergency situation. It is difficult to contract with a vendor after
an event. Contract for debris collection and disposal is reimbursable through FEMA.
FISCAL IMPACT:
ALTERNATIVES:
Deputy Dkector of Financial Services
Department Name
Contracts are reimbursed through FEMA
City Manager's Signature
City Attorney / Finance / Human Resources
Chris Roberts
Larry Qgrinn
Chief Gage
File
Interim Public Works Director
Solid Waste Manager
Police Chief
Dale Sugerman Asst. City Manager
ChiefBingham Fire Chief
Chuck Magazine Risk Manager
S:kBULLETIN~O KMS~AGENDA ITEM REQUEST FORM.DOC
TO:
FROM:
DATE:
PUBLIC WORKS DEPARTMENT
~ Memor~dum No~ 00-076
BilI Atkin~, Deputy Finance ~Director
May 26, 2000 ' ¢
Attached is a copy of the City of Boca Raton's contract with Ashbritt, Inc. along with a cover
letter from Ashbritt for. Debris Collection and Disposal ia Preparation for the 2000 HurriCane
Season.
The purpose of t~s request is to have a contract in place in Case of hurricane, in order to avoid
delays in service in ~-emergency situation. It is our experience from the last hurricane season
that it is difficult to contract with a vendor after an event and that contracts for debris collection
and disposal is reimbursable from FE1VIA~
Please process for Commission approvat, i ·
PL/LQ/pl
Attachments
Copy: Dale Sugerman,
Assistant City Manager
ASHBRITT, INC.
1280 S.W. 36th Avenue. Suite 102
Pompano Beach, Flodda 33069
(954) 973-9200
(954) 973-1335Fax
May24,2000
P.O:' B°x 310
Boynton Bea~c,h~-FL 33425-03t0
Reference: Debris Collection and Disposal Contract- 2000 HUrricane Season
Attention:Mr. Larry Quinn:
Affached iS a copy of our contract withthe City of Boca Raton for professional services
regardi~ debris Collection and disposal following any natural or manmade disaster. We
are plea~ed t° extend these"contract terms and conditions to your organization. Please
revieTM this contract and comment as necessary.
I have prepareda duplicate contract for the City of Boynton Beach. It is available for
immediate sign~ature pending your approval. Please contact me as soon as possible to
execute'the n~ cont,-act.
It wasa pleasu~ meeting you this morning and n the unfortunate event thatour area is
hit With a natur~[ disaster, I look forward to helping you get your community back to
normal in a qui~k and profess onal manner.
· ~ision,Vice President
cc: File
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RESOLUTION NO. 113-99
A RESOLUTION OI= THE CITY OF BOCA
AUTHORIZING THE MAYOR AND CITY CLERK
EXECUTE AN AGREEMEN3~ WITH ASH BRITT, INC.,
¸TO
SERVICES
FOR REMOVAL
WHEREAS, the City of Boca Raton has found it desirable to enterintO a cOrftract with
Ash Britt, Inc., for the purpose o[ providing ~professiona~ services for RemoVal. of. Post
Hurricane/Disaster Debr s~ . ~.
WHEREAS, such =agreement hasbeen~prepared and a copy thereof is'al~'ached ·.
hereto; now therefore ~ '
BE IT RESOLVED BY THE CITY COUNCIL OF; THE'CI~ OF BO~CA
P, ATON:
That the Mayor and City Clerk be aUthorized to execute the agreement with Ash. Britt,
nc., a copy of which is attached hereto.
PASSED AND ADOPTED by the City Council of the City of Boca Raton this /"~:~
day of (~Z,c~- . 1999.
A'FI'EST:
~harma Camnnante, Acting City Clerk
CITY OF BOCA RATON, FLORIDA
Carol G. Hanson, Mayor
2
DEPUTY MAYOR SUSAN ~WHELCHE!~
COUNCIL MEMBER DAVE FREUDENBERG
COUNCIL MEMBER BILL GLASS
COUNCIL MEMBER ~/ANDA THAYER
2
and between
CITY,
AGREEMENT FOR PROFESSIONAL SERVICES
RFP/AGREEI~IENT NO. 98-057
time an
CITY.
WHEREAS, CITY desires to engage CONTRA. CTOR~to perform such services c;n an as-needed basis
NOW THEREFORE, in consideration of ~he promises contained herein, tbe parties hereto agree as follows:
the
the
ARTICLE 1 -,EFFECTIVE DATE
The effective date of this Agreement shall be upon execution of the Agreement by the City of Boca Raton ~and
shall remain m effoct for a one (I)) year term w~th an option to renew for two (2) one year renewal penods.'The
opt ITY's ~o
ion(s) to renew will be' on these same terms and conditions and may be exercised in the C le
discretion, by the CITY Manager giving written notice, as provided by Article lg, to the Contractor, 30 or more
days prior to the expiration of the current term.
ARTICLE2- SERVICETO BE PERFORMED BY CONSULTANT
The scope of work to be performed,,b,y,~he CONTRACTOR. as identified in the Scope of Work and as attached
hereto in accordanceWithExhibit A (herein referredte as the Work), shall be determined by the parties at
tho time CfTY issues a written Notice to Proceed. Such written Notices to Proceed may be issued at the CITY's
sole discretion from time to time, at intervals or not at all. Exhibit A is attached hereto and incorporated by
referenceherein. The CITY, in its discretion, may issue a Notice to Proceed for a portionofthe Work, or may
decline to request Work. The Notice to Proceed shall include a schedule for the completion of the Work.
ARTICLE 3 - COMI~ENSATION
In full payment for tho Work requested in the written Notice to Proceed, the CITY shall pay CONTRACTOR in
accordance with Exhibit"B", Fee Schedule, which is attached hereto and incorporated by reference as part of
this Agreement~
ARTICLE 4 - STANDARD OF CARE
CONTRACTOR shall_exemise the same degree of care, skill, and diligence in the performance of the Services
as is ordinarily provided'by a specialized CONTRACTOR offering services for local governments in South
Florida, undersimilar circumstances and CONTRACTOR shall, at. no additional cost to the CITY, re-perform
services which fail to satisfy the foregoingstandard of care.
ARTICLE 5 - INDEMNIFICATION
CONTRACTOR hereby acknowledges and confirms that the proposal price total includes the consideration for
indemnification/hold harmless provision. Furthermore, CONTRACTOR shall, in addition to any other
obligationto indenmify the CITY and to the fullest extent permitted by law, protect, defend, indemnifyand hold
harmless the CITY, their agents, elected off'teiais and employees from and against all claims, actions, liabilities,
losses (including economic losses), costs arising~out*o~ar~y ~gtu.al pr alleged: a). Bodily injury, sickness, disease
or death, or injury to Or destruction of tangible Pr0Perty including the~ loss of use resulting therefrom, or any
other damage or lbss arising out of or re,suiting, or elaimed to have resulted in whole or in part from any actual or
alleged act or omission of the coNTRAcTOR, any SUBCONTRACTOR, anyone directly or indirectly
employed by any of them, of anyone for whose acts any of them ma3 be liable in the performance of the WORK;
orb). violationoflaw, statute, ordinance, governmentaladminjstrationorder, r~le, regulation, or infringementof
patent rights bY CONTRACTOR in the Performance.of :the Work; or q)i' lens, claims or actions made by the
cONTRXCTOR or an~SUBcONTRAcTOR under workers compensation acts; disability benefit ac~s, other
employee benefit acts or any statutory liability or basis. Any cost or expenses, including attorney's fees,
appellate and bankruPtgy att0r~¥:fees,, inc~d by the CITY to enforce this Agmemem shall be borne~by the
CONTRACTORand may be dedgqtectand removed hy the CITY, as required from Contraetor~snaVrnents as s
wa'rranted in ihe opinion ofth~ CITY. "J "' '
Upor~ completion of all[ Services, obligations and duties provided for in this Agreement, or in the event of
termination of~his Agreement for any~reas°ns, the terms and c0nditionsofthis Articleshall survive indefinitely.
ARTICLE 6 -INDEPENDENT CONTRACTOR
CONTRACTOR undertakes performance of the Services as an independent contractor and shall have control of
the work and the manner it is performed. CONTRACTOR shall work closely with the CITY in performing
Services under this Agreement.
ARTICLE 7-COMPLIANCE Wi'i'll LAWS
In performanceofthe Services, CONTRACTOR -adll comply with applicable regulatory requirements including
· federal, state, and local laws, rules regulations, orders, codes, criteria and standards.
ARTICLE 8 - INSURANCE
During the performance of the Services under this Agreement, CONTRACTOR shall maintain the following
insurance polices, and provide originals or certified copies of all policies, and shall be written by an insurance
company authorizedto do business in Florida.
WORKER'S COMPENSATION
The CONTRACTOR shall procure and maintain, for the life of this Contract/Agreement, Worker's
Compensation Insurance coveringall em.p. loyees with limits meeting all applicable state and federal laws. This
coverage shall include Emp!Oyers' Liabihty with limits meeting all applicable stat~ and federal laws. This
coverage shall extend tO any anbeontraCt°r that does not haye their own Workers' Compensation and Employer's
Liability Insurance. Thirty (30) days notice of cancellation is required and must be provided to the City of Boca
Raton via Certified Mail.
COMPREHENSIVE GENERAL LIABILiI'¥
The CONTRACTOR. shah procure and maintain, for the life of this Contract/Agreemant, Comprehensive
General Liability Insurance. This coverage shall be on an "Occurrence" bas/s. Coverage shall include Premises
and Operation~ Independent Contractors' Products and Completed Operations and Contractual Liability. This
policy shall, provide coverage for death, personal injury or property;d~mage that could arise directly or indirectly
from the performance of this.Agreement.
The Minimum Limits of Coverage shall be $1,000,000 per occurrence, Combined Single Limit for Bodily Injury
Liability and Property Damage Liability with a $10,000 deductib e
2
The City of BoCa Raton mast be named as an additional insured~ The additiom/l'insured requirement is
waived if Owner~ and Contractors' Protective Cov6rage iS also provided, or required, Thir~ (30) 'days ~vritten
notice must be provided tO the City of Boca Rater/via Csrtified Mail in the event:of cancellati6fi~ lapse, or
material modification of such policies.
Injury
policy.
}~the. evenl~ that:tl~e~ CONTRA~ CTOR~. does., not own ~y vehtctes, we.~ ~11 aece~ h~ed.~ ~ ~d non-o~O~ ~vera~ ~ ~;~ ge
-m~e,~o~ts hst~b~ e~,-in add~ e fit req~i~a~da~sl~ed~y~e~NT~OR~dm~mg
tM f011owi~g:
~( ;'~'~ [~, d~snoto~yvehicles.
: ~ ' ~6mp~y~e" '
In ~e event,we acquire any vehieles~ough0ut the te~ of his Con~ffA~e~enL
~ Sb~f ('?"P 1~0. a~sto purchase"AnYAuto"or
"Comp~y~e" ~ ~,
~i~ (30) days Wri~n ~o6c~ must ~vided to ~ CiW OfB~a ~ton via CeniHed Mail in ~e event of
c~cellati~n.
S~PLEME~A~ PRO~SION~
The following two~(2) statements will be utilized whenever any typo of insmance is required. These statements
should be included on all bid documents.
1. The insuranceeoverage and conditions afforded by this policy(s) shall n0t be suspended, voided, canceled or
modified; except ~if~er thirty (30) da_y,s, prior writtennofice by Cer~edMail; Retum Receipt ReqUested, has
been given toth~ C(ty.ofBoca Rhton s department that Originated this ¢6ntraet. ~
2. Certificates of Insurance mcetingthe specific required provision specified within this ContraeffAgreement
shall be forwarded to the City of Boca Raton Department that originatedthe contract and approved prior to
work or thepossessionofany CITY property.
The CITY sMll be'responsible for pioviding.debris removal project teams who will consist of representatives of
designated CITY D?pgrtments who are emPOwered to direct the activities of the contracf under the Operational
control of the Manicipal S?vices Operations Manager.
All Work shall be subjec~ to acceptance by.the Municipal Services Operations Manager in order to qualify for
payment. The:Munici.pal Services Old, rations Manager or designee will make final inspection of the work and
must approve in writing fo{ payment. It is estimated that payments wffi be 'net 15 days contingent upon
3
completion of services to the satisfaction of the~TY; matching truck load tickets to invoices and approval of
service signed by. the CITY and the CONTRACTOR. Failure in providing customer satisfaction to the CITY
will result in payment withholdinguntil comgliance is received and approval granted. Unsatisfactorywork will
b~e explained by the CITY and corrections shall be competed within one (1) calendar day. Invoicing shall clearly
referenceTicket Number with date of service and Truck NumberL
ARTICLE 10-CON'I'RACTOR'SRESPONSIBIITIES
CONTRACTOR shatlprovide the following to the Municipal Services Operations Manager on a monthly
b~sis on-the;i~ bu~ineas day Of each month that this contract is in effect; unless a subsection gives a different
period Of fime~
I RECORDS:
Completed and detailed daily itemized records indicating all services, and site expenditure performed
by the Contractor. Documentationof all costs associated with emergency incidents in a timely manner
tO asset the. CITy inl cos[ recovery in accordance with established Federal Emergency Management
AgenCY: (F~IvlA) re,qu.i~emenis. Muse c0ordinat6 with appropriate CtT¥ Staff regar~l/n~ proper billing
proce6Ures~ to meet FEMA reimbursement :requirements, Invoicing xequirements shall include
segregation of costs:by site;or Damage Sun, ey Reports (DSRs). These records under this.subsection
shall be delivered to,the Municipal Services Operations Manager on a weekly basis whenever they are
applicable.
REPORTS:
be :Contracto~ shall make such periodic reports, on a monthly basis, to the CITY as necessary to
detail the progress of debris removal and disposal. Such reports shall include:
A. A daily report detailing the following: the Zone and Section number, street names and addresses where
particular passes for debris removal were conducted and/or completed; the total number of personnel
engaged in debris management operations on that day, the number of loaders and debris hauling vehicles in
operation on that day; the daily and aggregate volumes of debris, by type, removed and disposed of; the
perceiver completion of the project; the estimated completion date; any inspections conducted by federal,
state or ,local go~emment agencies; any damages to ~private property caused by Contractor operations; any
repo~ts~9~ damage claims made by citizens; the tiumber, name, and location of each debris management
site in operation to include numbers~ of air cum'm incinerators, pit burners, grinders, chippers and
mulch, lng machines in operation; and any other irfformation as~ may be required to fully and completely
describe the Contractor operations conducted on that day.
B. A monthly summary of the information from the daily reports;
C. At f'mal acceptance of the project by the CITY, the Contractor shall prepare and submit a detailed
desk!priori of, all.~tebris management activities conducted, to include, but not be limited to total volumes of
debris m~ ged~ by type; the total cost of the, projeet~ any lessons as may have been learned for improving
operation,in the ,future; and any Other additional information or recommendations as may be necessary to
adequately documant the conduct of debris management operations.
Submittal of written reports documenting all action taken to assess and dispose of hazardous
materials,
Other services as identified by the Municipal Services Operations Manager within the course of the
contract.
Contractor shall submit a yearly plan describing method of compliance with all applicable
environmental laws and regulations.
4
ARTICLE 1! - TER.MIIgATION OF AGREEMENT
The obligation to continuo Services under this Agreement may be terminated for cause by either party upon
seven (7) days' written notice of substantial ~'ailure by the other party to perform in accordance with the terms
hereofthroughno fault of the terminating-party. .........
CITY shall have the right to terminate this Agreement or suspend peff0rmarie~,thereo£ v~tliont, eause for the
CITM s convenience ~poa writtln notice:to CONTRACTOR. upon giving ten (10)d~s Written notice of its
election to ~o-t~in~e °v~sUspend, an~l~C0NrP~e~OR shal!~terni mateor .SUsp~l ~rfi~e :e~ofS~lces on
a wrlttei> Sehedule aceeptable~,to, cI~.,Manager.., ~n th~ event.of termmatf0n, or susgeRs~on for CITY s
converfianee, CITY Shall. pay CONTRACTOR for alt Servmes performed througl~ the:flfit~::0f' ~/otme of
termination o~suSpensiom
;rt~;gg?u~ies; calculations, and
i~.~':b~p~0prietary unless
~I~cTOR ~hall
Tl*is' Agre ~e~nt shAlli:be~:govemed by the laws of the State of Florida. Any and~atl l~gat a~i0ns necessary to
enforce th~ P~greemont or arising out of this Agreemelat will be held in;Palm B~ Cotmtyz: -
ARTICLE 14- MISCELLANEOUS
14.1
A warcer by either,~ or CONTRACTOR: of any breach of th~s Agreement shall no be binding upon the
waiving pa~ unles~ ~ich waiver is in Writing and duly signed by both paftie~to this Agreemerit Ir~ the event of
a written w' a'iver,~ a waiver shali not affeCt~the waiving party's rights with respect to ~),~ther or further
breach;, a payment, by ei~er ~ with knowledge of the~exist6n~ of a default or
abseque~t defaul~
14.2 Severability
The n}vatidity~ illegality; or unenforceabthtyof any prowston of this Agreeme.n~ or the oecu~nee Of any event
renderi~anV ~66 ~r vr°vision of this Agreement void or voi&ible, shal~ i~i no ~Y afl, cf the validity or
enforcea~iiit~ ~ 0th~portion o~ provision ~£the Agreement}' Any void'of vo~dabld Pr0~ision shall be
deemed Severed from the Agreement and the balance of the Agreementshall be ¢onstrfl~d and enforced as ff the
Agreement did n0t ~Oniaintheparticu ar portion or provision held to be void; ~e parties further agree to reform
the Agreenient to replace any stricken prowston w~th a valid prowston thag'¢omes as~'close as'. possible to the
intent of the stricken provision.
The provisions of this secffon shall not prevent the entire Agreement from being held Void is!~.uld a provision
which is 0fthe essehee of the Agreement be determined to be void by a court of competent jurisdiction.
5
14.3 PoliticalCampaigns "* 'i~? ~,~'
During the term of this Agreement, the Contractor or any employee or associate, shall not be involved in any
political campaign for the City of Boca Raton elective office nor make financial :ontributions to any such
campaign.
ARTICLE 15 - INTEGRATION AND MODIFICATION
This Agreement is adopted by the CITY and CONTRACTOR as a final, complete and exclusive statement of
the terms of the Agreement between the CITYV'°and CONTRACTOR. This Agreement supersedes all prior
agreements; contracts, proposals~ representations, negotiations, letters or other commumcations between the
CITY and CONTRACTORpertalning to the Services; whether written or orak
The Agreement may not be modified unless.such~modifieations are evidenced, by an~ amendment in writing
signed by both the CITY and CONI'RACTOR.
ARTICLE 16- ASSIGNMENTAND DELEGATION
Neither party hereto shall assign or delegate any interest in or duty under this Agreement without written consent
of the other, and no assignment shall be of any fome or effect whatsoever unless and until the other party shall
have so consented.
ARTICLE 17 - OWNERSHIPOFDOCIfMENTS
CONTRACTOR shall be required to work in harmony with other CONTRACTORS relative to providing
information requested in a timely manner and in the specified form. Any and ali documents, including but not
limited to, records, disks, original drawings, or other information shall become the property of the CITY upon
completion for it's useand distribution as may be deemed appropriate by the CITY. The CITY may withhold any
and all payments due contractor if such records, disks, etc., are not delivered to the CITY within 30 days of
termination of this Agreement or thirty (30) days from when such records are due or requested, per Article 18.
This obligation shall survive cancellation of this Agreement.
ARTICLE 18 -NOTICE
Any notice, demand, communication, or request required or permitted hereunder shall be in writing and
delivered in person or sent by certified mall, postage prepaid as follows:
As To CITY
City &Boca Raton
CITY Hall
201 West Palmetto Park Road
Boca Raton, Florida 33432
Attention: Dan Moretti, Municipal Services Operations Manager
Municipal Services Department
As to CONIRACTOR:
John W. Noble, Division Vice President
AshBritt, Inc.
1280 S.SV. 36* Avenue, Suite201
Pompano Beach, Florida 33069
Notices shall be effectiVe when received at the add~ress, specified above. Changes in the respective addresses to
which such notice may be directed may b~ ma~l~om~fim~ t¢ fim6§y any partyl b~ written noticeto ¢tie other
party. Facs~mfleis acceptablenotme¢ffect~v¢'~eareeeive~:howe~ercfacs~mfle*recet ed0.e.; pnnted)at~er
5,:00 p.m. oron weekends or holidays,:will be~t~omed, meei~d on tl~¢-next¢.6ttsiness~da¥- . Th~aariginal of the
aotice must additionally be mailedas:.requir¢c[herein~,::~';i"'.,(- , , , , ,~ ·. ~,:.,
Nothing containe~ in ,this Article ,she}[,be ~¢0ns~e& tocr~striet th~}}rmlsmission off, routine c0mmiihications
betweenrepr~sent~tives6fCONSULTANTand, CI~iqL' '~:~' '- :-¢*?": /'3_ , ':' '~ ~ ~,:' :
ARTICLE19 -'PROJ-EC~ TEA1VI. ~
rM ProjecfreP~se/~tafiv~s0f'the contractor shall consist of the f011oWing:
Saily Belle Perkins, President
Randal Ray Perkins,Division Vice President
John W. Noble, Division Vice President
Terrance Jackson, operations Manager'
. Project represenfiativesmember, may be changed only with the prior written approval of the CITY-
7
IN WITNESS WHEREOF. the City of Boca Raton, at a regular meeting thereof, by action of the CITY
Council and directing the foregoing be adopted, has caused these presents to be signed by the Mayor, and it's seal
to be hereunto affixed, and AshBritt, Inc. has executed this contract all as of the day and:year first above written.
Witness:
CITY OF BOCA RATON
Approved as to Form and Legal Sufficiency:
City ~ttomey
Mayor
(Affix corporate seal)
CONTRACTOR
(Seal)
Wimess:
President or other authorized
Corporate Officer
Approved by City Council on
8
"Exhibit A" .--~
2-4- ~;~ SCOPEOI~:WORK~:
The scope oftbe wor~ tO be performed by the awarded contractor(s) shall be determined by the parties at the
time the city~0f l~oca,Riion reqUeits Services as auth0rizedof the contractor(s) on-scene rep/esentatives. The
contractor will pmvida gll ?pervision, labor, materials, tooIs, equipment, and. su~ontracted eq~i~ent( tools,
or materials nec~S ~s~,'~0r the pe~ormance and completi°n of the work, unless otherwise agreed to betweer~
the ~es..~/gentra~ct0i: ~hall condu~t the~work so as not to mte~fere 3m~ or hamper disaster respome and
re¢ovb, ry a~ti(e~?gf fe~ral'~ state7, andd0qa:,!~ go3'e ~mm~ ~ ,ents:~ ~g,e.n¢ies~z ;pub'!~ ~fiJ!tie~;-Se?: iCe,~- 0xpeeted
from th~ award ,ed,contmcf~Z{ll wiil !nclude,:bUt may, no~
2ITY~ ~Iunicipal Services
sea'vice
· and 'entry roads~ to the CITY's
infrastructure
and
extent of service needed is uncertain
Promptl~lt
~ae CONTRACTOR's vehicles loading debris from
the street as ~s
authorized by the CITY
the CONTRACTOR[ will not conduct "right of ~ntry'
All
vith Prentice Loader Grapples_ or tracked excavators.
;elf-loading machine that can also load
fou~ general groups: woody vegetative debris,
; materials such as but not limited to
~ All materials
may
load~s~
giver
e and initial inspections. Each
that the right of way is clear for vehicular traffic. This
debris to the side of the fight of way with robber tired wheel
: collection can proceed. They will load all 'debris on a
clear. The crew will then move on to another route.
. 9
Each route will have three passes ~6 ~hsute hlI debris has been collected from the fight of way.
Additional passes may be necessary depending on the severity of the evem. All debris excepting
hazardous waste shallbecome thetoroperty of the contractor for removal ami lawful disposal.
· CONTRACTOR shall have signage on both sides of truck identifying the company, CITY; truck
number and capacity (minimum 6" lettering).
3. Temporary Debris Storage and Reduction Sites/Inspection Stations are as follows:
A. Temporary Debris Storage Sites
(1.) The Yamato Road Fisheries. 27 acres
(2.) Part of SpanishRiver Park- 30 acres
(3~) East.side 0fcemetery off NE 34 Avenue 2.5 acres
;.(This. !istis-~ubject tc~.chmage from time to time by ~written notice issued by The CITYin
the manner s~ifiedby Article 18 and sites;will be confirmed up0n l~16fieeto Proceed.)
The exact pm'lion of SpanisI~- River Park to be used. for temporary debris storage, will.be determined upon
assessing damage:at that sitefWe have lismd the s~es in order of most to Ieast desirable with the provision
that adjustmen~,may~need to.:be m~de ba~ed On'c6uditions at .the time Of the diSaster. A map showing the
locati6ns of thes~ sims is attached for your information;
4. INSPECTION STATIONS
(A) The Contractor shall construct, establish and maintain Inspection Stations for use by CITY Inspectors.
These stations shall become the points of inspection and determination of load volume by a CITY Inspector. It
is at these Inspection Stations that CITY Inspectors wilt originate and complem the four pati Debris Removal
Ticket for ,eachload of debris that is removed and will provide a copy of same to the vehicle operator for the
Contractor ~ use, TheSe Inspection Stations shall be constructed, established and maintained by the Contractor
at every debris reducfion~ recycling and/or Temporary Debris Storage Site. These sites will also provide for
the safety and comfort of the CITY Inspector in the conduct of his/her work, and will be judged by the CITY
for acceptance.
Each Inspection Station shall consist of an inspection tower and portable sanitary facilities. The Contractor shall
construct the inspection tower in accordance with applicable technical and code requirements; The tower shall
be of sturdy construction using pressure treated wood; The floor elevation of the tower shall be such that it
affords the CITY Inspector a complete view of the load bed of each piece of equipment being utilized to haul
debris, and also allows for easy transfer of the debris removal load ticket between the CITY Inspector and the
vehicle driver~ The floor area shall be a minimum of 4' x 8~, constructed of 2" x 6" joists, 16~ on center with
3A, plywood supported by 4'' x 4' posts. The perimeter of the floor area shall be protected by a 42' high
railing constmcmd o~2'~'x 4" studs. Access shall be by wooden steps with a handrail. The inspection tower
shall reasonably accommodate the CITY Inspector and the operations planned.
The Contractor shalI be responsible for providing and maintaining portable sanitary facilities at each Inspection
Station which com~Iy,&ith all sanitary and technical codes.
(B.) The contractor wilt cause the following acts to occur or facilitate their occurrence and will be
responsible to the CITY for 'their performance.
Well organized and managed inspection stations at entrance of the site
[nspectionof loadedtrucks for volume and type of debris
Loads to be measured by cubic yard properly loaded and compacted
Load ticket procedures per truck load for trucks entering
l0
(C.) Debris Reduction
Proper and ~fficient management of a temporary smgingand/or reduction site
Rcs~orationofstorage and/or ~eduction site to original condition ·
Mulchingand chipping¢lean horticultura!~asr~ :, .
(D.) Disposa~ · :.
* Selection of appropriate disposal/reductionaltemativ¢:
Chipping, grinding, compaction
Burning, as necessary and with appropriate permits and approvals
Palm
(E.)
"Exhibit B"
CONTRACTOR shall pr°Vide-full Scop~ of Wo/-k which includes the lawful disposal of debris,
including but not limited to; erosion and silt control; regrading; haul roads and screening shall be
included in the unit price of:
$12.00 Per cubic yard + Disposal Costs at Palm Beach County Solid Waste Authority
(PBCSWA~) or other State licensed disposal facility as approved by the City for collection of all
storm related debris including hazard0t~s wastel '
Note: No additional payment, will be made regardless of haul distance.
THE CITY will no_t pay any travel or Per Diem costs related to this contract.
12
Ti
Bond Number: 0274427
Contractor Name:
Owner Name:
Ashbritt, Inc.
1280 S.W. 36 Ave, Suite 201
Pompano Beach_, FL 33069
954-973 -9200
City of Boca Raton
201 W. Palmetto Park Road
Boca RaWn, FL 33432
Project Number: 98-057
Project Description:
Project Address:
Disaster Response 98-057
For the entire City of Boca Raton, Florida
Various locations
Legal Description of Property:
Disaster Response 98-057
This is the frontpage of the bond. Altother pages are subsequent regardless of the
pre-printed numbers.
Bond No.0274427
Know all'men bythese presents:
That ASHBRITT, INC. ,a, corporation , (corporation, individual, partnership) of the State
of Florida , as principal,(heraaffercalled the "CONTRACTOR")AND
I c(~rporation of the State of New Jersey , as SURETY
'~SURETY"); are heldand firmly bound unto the City 0f BoCa Raton, a municipal
corpoi-atidn iSf the~State o( Florida, asobligee (hereinafter called the "CITY") in the amount of
One Mi:llio]~ a/za No/lOO Dollars {$1,000,000,00- ) lawful money of the United States of
AmeriCa fdr ;~he;payment of which the CONTRACTORand the SURETY hereby bind"0urselves, our
heirs; executors~--administrators, successors and assigns, jointly and severally, firmly by these
presents~
WHEREAS, the CONTRACTOR has by written agreement dated the //~C~ay of ~../-..~.
19 ~' ; entered into a contract with the CITY for Debds Removal for Post Hurricane/Disaster
Rec0v~ .ry RFP No.: 98-057, in accordancewith the DRAWINGS
and SPECIFICATIONS preparedby the CITY
which contract is by this reference made a part hereof (hereinaC[er called the "CONTRACT
DOCUMENTS")~
Now, therefore, the conditions of this obligatio~are such that:
If the OONTRACTOR shall promptly and faithfully perform said CONTRACT DOCUMENTS;
and if the CONTRACTOR shall fully indemnify and save harmless the CITY and its
consultants, and each of their officers, agents and employees, and 'the ENGINEER and its
consultants, and each of their directors, agents and employees, from any and all costs and
damages'which they may suffer by reason of the CONTRACTOR'S failure to do so; and if the
CONTRACTOR shall pay the CITY for all losses, damages, expenses, costs, and attorneys'
and legal assistant's fees, including appellate proceedings and bankruptcy, and including any
liquidated damages, or actual damages' caused by the delay of performance of
CONTRACTOR, that the CITY sustains beCause of any default by the CONTRACTOR under
the CONTRACT DOCUMENTS; and ~f the CONTRACTOR performs the guarantee and
warrantee of all WORK under the CONTRACT DOCUMENTS for the correction period
specified in the CONTRACTOR DOCUMENTS; then this obligation shall be null and voict
otherwise it shall remain in full force and effect;
13:
Whenever the CONTRACTOR shall be. and is declared by the CITY to be in default under the
CONTRACT DOCUMENTS. the CITY having performed the CITY's obligations thereunder, the
SURETY may promptly remedy the default or shall promptly:
(1) Completethe CONTRACT DOCUMENTS in a~,d.a~, ce wjth~s,~ ~r~ s and c~.r!dit[ons;
or
(2) Pay t
entitled uport the (
wh~h
i3)'" 'obia~ ~ bid or bids for submissort to the CITY for completing the:*qC)NTRACT
DOCUMENT~ jp .strict accordance with their terms and conditions, and upon dete~r~., [nation by
the CITY and the SURETY of the lowest respenSib!e proposer, arrang:~ fera cop '.tin, between
sucb. iproposer and the CITY and make ava!la~!e as Work pregresSe$ (~ven~thc~gh there
shouM be a default, or a succession of defaults,under the CONTRAC~;IA~M~N'I~S or
S to
pay the cost of.completion I~ss the balance of.
including ,other ~ts and damages~or whi~,th~,SURETY may the
as used in th~
paragraph; shall .~ean the
the
less the
It is furtherstipulated, understood and ~reed~that~;
{!) - ,~ny changesin or u rndler the CON~C'iTDOCUMENTS; incident
thereto, or the ~cpmp iance or' noncq,mpliant?e w~ th any.. formal ties in connection with the
CONTRACT DOG. UMEN~S c~r.:thec~qges do~es not affect the SURET~.~obligations under
this Bond.
(2) The SURETY, for value receiye,d, hereby s~tipul~tes and.agrees tha~ no .change in the
CONTRACT TIME or CONTRACT PF~ICE, alteratio~ of or addition to the terms of the
CONTRACT DOCUMENTS or to the Work to be performed thereunder or the
14
SPECIFICATIONS applicable thereto' shall in any way affect its obligations under this Bond.
The SURETY hereby waives notice of any such change in the CONTRACT TIME or
CONTRACT PRICE, alterations of or addition to the terms of the CONTRACT DOCUMENTS,
or to the Work or to the SPECIFICATIONS applicable thereto.
(3) This obligation shall cover the CORRECTION PERIOD and any guarantees or
warranties.as required by the CONTRACT DOCUMENTS, or such longer pedod as may be
prescribed by law or bY any special guarantee required by the CONTRACT DOCUMENTS.
(4) Any suit under this Bond mustlbe institutedbefore theexpiration of five (5) years from
the date on which, final payment undertheCONTRACTDOCUMENTS is made.
(5) This Bond is intended to com[o!y with provisions of Section 255.05, Flodda Statutes,
and all terms andconditions of said statute' are incorporated herein by reference thereto. In
the event of.a0y conflict, ambiguity, Or discrepancy between Section 255.05 of the Florida
Statutes and this Bond, the Florida Sta~tes shall control. No dght or,action shall accrue on this
Bond to or for the use of any persodi or entity other thar~ the CITY and those persons Or
corporations provided for by said statu~, their heirs, executors, administrators, successors or
assigns.
(6) It is further agreed and unde~tood that if the CITY is required to initiate legal
proceedmgs to recover on lhis Bond, lhe CITY may also recover its costs related thereto,
including a reasonable amount for its att0mey's fees, legal assistants' fees before trial, at trial,
on appeal, and in bankruptcy.
(7) Any claim under this Bond may be addressed to:
Name, address and telephone rlumber of SURETY
Imternatiomal Fidelity ~ Imsuramce Company
1211 N~ West:shore Blvd~. Suite 607
Tampa, FL 33607
Name, address and telephone number for agent or
representat ve in Florida, if different from above
Browu & Brown, Inc.
5900 N. Andrews Avenue, Suite 300
Fort Lauderdale, EL 3~309
Signed and sealed this Jz~J day of T(J('~ , 190icj.
Witnesses (If Individual} CONTRACTOR: (Print Full,Name)
SURETY ~om pa'ny: ,.~Pr~nt Full~N~tme) :
~ ?~gent'and ~torneY-in Fact
NOTE: Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, alt
partners must execute bond.
IMPORTANT~ SURETY companies executing the Performance Bond must appear on the
U.S. Treasury Department's most Current list (Circular 570 as amended) and be authorized to
transact bus ness in the State of Florida and be pre~approved~by the CITY.
16
Bond No.0274427
~.';: ;!PAYMENT BOND
Know all men by these presents:
That AS~EBPJE3~ ~ INC.
individual partnership) of the State of
called the
cozrporae~.on (corporation.
,as principal, (hereafter
a corporation of the State of
the "SURETY"), are held and firmly
bound unto the~ Cty oX Boca R.aton a municpa corporation of the State of Forida~ as ob gees
(hereafter called the CITY") in the am(~unt of 0ae Y,./.llio~ and. No/tOO Dollars
i00 i, 1 · ·
($ ' . ~ - : ),lawful mone~ o~the United States of America, for !he payment of which
the CONTRACTOR and the SURETY h~r. eby bind ourselves, our heirs, executors, administrators.
success0rs:and ~ssigh~ijointly and sever~lly~firmly by these Present~.
Whereas, the CONTRACTOR has by wdtten agreement dated the day of
,lg ?? ente!
nto a contract with the ClTY for the Debrs Remova for
Post, Hurrica~ne/Disaster Recovery RFF~ No: 98-057, r~ accordance w th the DRAW NGS and
SPECIFICATIONS prepared by the CITylwhtch is by reference made a part he~'eof (hereafter called
the 'CO~T~CT DOCUMENTS"), , .
Now;~ therefore, the conditions of this obligation are such that, if the CONTRACTOR
shall
promptly
mak~i' p~ym~ to a c a m,~nts, as here na~l:te.rl[ defined then this o5 gafion sha be vo d otherw se, th s
ond sha, Cu iro ce an i e ect. bJe tot e o,ow?con itions:
Bo
A claimant is defined as any pe~on supplying the CONTRACTOR with labor, material or
sup9!ies, used directly or indirectly: by the CONTRACTOR or any subContractor n the
pros~cutioD of the Work provided fpr in the CONTRACT DOCUMENTS and is further defined
in Section 255.05(1) of the Florida Statutes
CITY that any claimant who has r
(90) days after
by suC~h claimant, may sue on this I
have execution thereon. The,
of any such suit.
No suit or;
and SURETY hereby jointly and severally agree with the
:he expiration of a pedod of ninety
or or after complete delivery of the materials or supplies
for the use of sums as may be justly due claimant, and
liable for the payment of any costs or expenses
" 17
(1) Unless the claimant, except a laborer or one having a direct contract with the
CONTRACTOR. within forty-five (45) days after beginning to furnish labor, materials or
supplies,for the prosecution of the Wo~rk; furnishes the CONTRACTOR with a notice that he
intends to look tothis bond for protection.
(2)
f
the nonpayment
:the labor
Do
ail losses.
and
anco of
the
The SURE'1¥':' 'fo; value received, hereby stipulates, and agrees. no change in the
or~ CONTRACT PRICE, :alteration~ of or addition~ to the terms of the
DOCUMENTS Or to the Work to be ~ or the
SPEClFICATIONSappli~ablo thereto shall in~ any way affe~t'it~ obli~ation~ under this Bond.
such change ' TIME or
3 the terms DOCUMENTS.
Fo
as may
.IMENTS.
the
law or by any
'18
No final settlement between the CITY and the CONTRACTOR shall abddge the dghts of any
beneficiary hereunder whose claim may be unsatisfied.
This Bond is intended to comply with the provisions of Section 255.05, Flodda Statutes, and all
ten'ns and conditions of said Statutes are incorporated hereinby reference thereto.' In the
event of an.y conflict, ambigui~ or discrepancy between Section 255.05 of the Florida Statutes
and this .~B°nd' the Florida· Statutes Shal control., No dght of action shall accrue on this Bond. to
or for the use of any person or~ co~-ooration other than the CITY and those persons or
corpe~rationSprovid~d for by,said StatUte, their heirs, executors, administratorS. successom or
assigns~ All claimants and, other parties claiming any interest in this~ 8ondare expressly
referredto Section 255.05, including particularly the notice and time limitation proViSions of that
section°
It is further agreed and understood that if the CITY is required to initiate legal proceedings to
recover on this Bond, the CITY may also recover its costs related thereto, including a
reasonable amount,for attorneys' ,f'eest legal assistants~ fees, before trial, at trial, on appeal,
and in any benkrUptCY Proceeding./
Any claim-under this Bond may be addressed to:
Name, address and telephone number pf SURETY
/
International Ftdelity Insurance Company
12I! N. westshore Blvd., Suite 607
Tampa, FL 33607
(813) Z82-8/~99
Name. address and telephone number for agent or representativein Florida, if different fTom above
5900 N. Andrewm Avenue, Su±te 300
Fort Lauderdale, FL 33309
(954) 776-2222
19
Signed and sea!ed this ]J~ day of ,l~"~)Ck~. , 19~°/.
(If [ndividUal) CONTRACTOR: (Print Full Name)
Agen~ mey-in Fact
Treasur
I must appear.on the U.S.
'current liSt (Circula~ 570 as amended) and be authorized to
State of Florida and be pre;approved by the CITY,
20
· . !~E~A~ON~ F~ELI~ ~S
' : - HOME OFFICE:::6~: ~EwARK~, CENTER ~-'~OR~.
NEWA'~, NEW JERSEY 07102-520?: '
BOND NO.
~OW ~L MEN ~ ~HESE P~E~: That I~ERNA~N~ FIDELI~ INSU~CE~COMP~, a ~fion or~nized and ex ~q ng
under the ~9[~ ~'{~.New,Jem~, andhavlng, i~ pfinclpa offige n the Ci~ ~ Ngwar~:;~5~[5~oes hef~b~ co~fitute and appoin
andthe
pd ffcii~al office
~,. This Pgwe[ 0[ARon~ Y_ is execg!:~e~. :~.nf[ ~aY ~ cenifi~ to a nd may, ~ r~o~. pu ~uan{ to and by a~ofi~ of ~on 3; of the By- ~ adoptcxl
by ~e B~rd of D~tom of ~O~ ~DE~ ~SU~CE COMP~ at a m~ffng cal~ and ~s~(~ d ay of.~bma~dl974
~e P~idenv~,~y V[ce,~i~a¢ E[~uOve Vice Presiden~ ~c~ta~ or~ismnt Secm~.,~atl
( ) To ap~mg~g~s-tn-f~ and to authonm~em o[~meo~ beha f of the Co~any&and,a ~eh the S~[~e ~m~,~mm ~nds and
(2) To ~ove. at any time. any s~h A~orney-in-fact and}~p~ the au~hofi~ ~ven.
and
'gned ar . :,~' rpo , ' y 'ts thorized officer, this tst da
STA~;i~E,N'EW JERSEY
0£
4o said
Directors of said
1N TESTIMONY WHEREOF..~ h~ e.hereunto set my hand and affixed m
~t the City of Newark. New Jersey the day and yea:
,*/NOTARY PUBLIC
My Commission
CERTIFICATION
I the t~ndersigned officer o f INTERNATIONAL FtDELITY INSURAINCE CO MPANY do hereby certify that I have co~ie, it'the~oregoing copy o f t he
Power o[A~t~mey ~and affidavtt, and the cop?' of the Section of the By-Laws o£said Company as set forth in said Power ofAtto~{~!{~ ORIG I NALS ON
FILE INrT~ HO&IE OFFICE OF S~ID COMPANY. and that the same ~re correct tran$cdp5 thereof, and of the ~hole0fthe ~id originals, and that the said
P6wer vfAttornCy has not been revoked and is now in full force and effect
IN TESTIMONY WHEREOF:. EhaYe hir~nto set my hand this day of
' ~?:*: ' ~'~ i
k_....~.' A~sistmit Secretary~ .: ',,,-_ ~;s<;:5 ...
final
Received ~is
day of ,19 , of as full'and
)rovements provided for in the foregoingContractthe sum of~- -
nf f sam case cover ne and inc ud n~' full payment for al extra work and matedal~fumished by
,he~ undersign&d itt ~t~he cOnstruction"q[ sa,d ,mp~vement,,:
undersigned hereby releases the said
from all cia ms ~hatsoever.<jrowing out ~)f said centract~
; are to certify that a I Persons doing
The:Unde~'igned fuRher certifies that all taxes imposed by .~hapter 212:
(Salesand b~Ta~Act), as'amended, have been ~aid and discharged~.
21
AGREEMENT FOR PROFESSIONAI~ SERVICES
RFP/AGREEMENT NO.
THIS AGREEMENT made and entered into this
- . day of
~000~, by and between the City of Bqynton Beach, a municipa~corporetion Of the State of Florida
hereinafter referred to as CITY; and :Ash britt, I nc, hereinafter referred, to as CONTRAcToR:
~ERF_.~S, th~ CQNT. RAC~TOR%iS.~engegedin the business~,pf,previding debris remOVal'for post
~u[d~ane/,disa~e~,~recc~e~ ,a. ~c?,ording ~o the wo~-requ rement~ represented to CONT~fOR
,by CiTY:at th~: ti~ an-emergenc~conditior~ e~dSts~and:as declared as such, by the appropriate
~evels. of author ty ~ th n the CITY. ·
WHEREAS~CI~"Y desi~s to~.engage CONTRACTOR to perform such services on an as-needed
basi~.. . ·
NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree
as follows? . _ . .
ARTICLE'i - EFFECTIVE DATE
The effective date of this Agreement shall be upon execution Of the Agreement by the City of
Boynton Beach and sha reman ~ effect for a one (1) year term with an opt on to renew for two
(2) one:year renewal periods. Th~,ioption(s) to renew ~ill be on these Same terms arid cond tons
and ma~ be exercised ih the CITY s so e di~cret on by the C TY Manager giv ne written notice as
p tied by Art cie 18, to the Contractor, 30 or mere days prior to the expiration of the current
term.
ARTICLE 2 - SERVICE TO BE PERFORMED BY CONSULTANT
The scope Of work to be performed by the CONTRACTOR as identified in the Scope, of Work and
as attached hereto in accordance with Exhibit -A" (herein referred to as the Work), shall be
determined by the parties at the time CITY issues a wdtten Notice to Proceed. Such written
Notices to Proceed may be issued at the cITY's sole discretion form time to time~ at intervals or
not' at all. Exhibit A is attached hereto and incorporated by reference herein. The CITY, in its
discretion, may issue a Notice to Proceed forla portion of th~_ Work or may decine to request
Wo~'k. The No{ice to Proceed shall nclude a s~hedule fbr the c~3mpletion of th~ Work.
ARTICLE 3 - COMPENSATION
In full payment for the Work requested in the written Notice to Proceed, the- CITY. shall pay
CONTRACTOR :in accordance with Exhi ' '"
bit B, Fee Schedale, which is attached hereto and
incorporated by reference as part of this Agreement.
ARTICLE 4- STANDARD OF CARE
CONTRACTOR shall exercise the same degree of care skill a, nd diligence in the performance of
the Services as is ordinarily provided by a specialized CONTRACTO~ offering se~,ices for local
governments n South F odda, under similar cimumstancesland CONTRACTOR shall, at no
additional cost to the CITY; r~perform services wh ch fail to satisfy the forego ng standard of
care.
ARTICLE $ - INDEMNIFICATION
CONTRAC'I~OR~ hereby acknowledges and cpnfirms that the~ proposal price tota nc udes the
consideration for inder~niflcation/~hold harmles~ provision. Fur{hermore CONTRACTOR Shall, in
addition tO any other ob igation to indemnify the CITY and to {he fullest eXtent perm tted by law,
protect, defend, indemnif
employees from and ~
costs arising
indi
agents elected officials and
economic losses),
AR~CLE?;
In
V~/orker's
and
basis.
and
death,
this
The Mini~u~imits of Coyerage{sh~l[~be $'t,000,o0o p~r o. _¢~? _ence; C~?3!ned:Single Limit for
'Bo~ilyj n~a~i~b~ili~y~and P~perty~Damage L~bilityr with~a $~10',000 deducttble' :
The City of Boynton Beach must be named as an additional insured. The additional insured
requirement is waived if Owners and Contralto' protective Coverage is also provided or
required. Thidy (30) days. w~tten ~otice mu~b~ prff~¢ided to the City of Bcynton Beach via
Certified Mail_in t~e e~ent 0f CanceJiatiohs, iapse~ or ma{et a modification of such policies.
BUSINESS AUTOMOBILE LIABILITY
The CONTRACTOR shall procure and maintain, for the life of this Contract/Agreement, Business
Automobile Liability Insurance~
The m/,ni~um limits of~ coverage shall be $50(~000 per occurrence, Comb ned S ngle L m t for
~ily!~ Liabili~and ,~rol~erty~ Damage~iri~bility. This coverage shall be~ an "A~y Auto" or
Uompreki~nsive Form"type policy
n the.,ev.e, nt that ~he C~N~RACTOR does not own an veh c es we w I acco t h red an
o~vn~l~,¥~qem~,~eamOUnts istedabeve Inaddtion, wewi re Ureanaffidav
,.,,_;,..;,~,,~,~. %~,~,:~ ~ * q tslgned by the
~,~m ~ r~A~ U~ ~ndiCating the following:
Ashbdtt, inc. does rtet own an,/vehicles.
In the event we acquire any vehic,!es throughout the term of this Contract/Agreement,
Ashbdtt Inc agrees to pumhase Any Auto or Comprehensive Form coverage as of the date of
acquisition,
CONTRACTOR'S Signature:
Thirty (30) days writt~'n~notice must be provided to the City of Boynton Beach via Certified Ma in
the event of cancellation'.
SUPPLEMENTAL. PROVISIONS
The following two (2) statements w I be ut zed whenever any type of insurance ~s required.
These stater~ents~ S~UId b~ included on all bid documents.
1. The insurance coverage and condit OhS afforded by th s po cy(s) shall not be suspended,
voided, canceled or m~d fled; except after th rty (30) days pdor ~vritten notic~ by Cert fled
Mail, R~e~urn Receipt Requested, has been given to the City of Boynton Beach s department
that originated tl~!s contract.
2. Certificates. of Insurani:e meeting the specific raquirad provision specified within this
Contract/Agreement shall be forwarded to the City of Boynton Beach department that
origina{ed t~e contract, and approved prior to the start of any work or the possession of any
CITY property.
ARTICLE 9 - CITY'S RESPONSIBILITIES
The CITY shall b_e responsible for providing debris removal project teams who will consist, of
representatives of designated CITY departments who are empowered to direct the activities of
the contract under the operational control of the Public Works Director.
All Work shall be subject to acceptance by the Public Works Director in order to qualify for
payment. The Public V~orks Director or designee Wilt make final nspect on of the work and must
approve in writing for payment. It s est mated that paymentswill be net 15 days cont ngent, upon
completion of services to the satisfaction of the CITY, matching truck load tickets to invoices and
approval of service signed by the CITY and the CONTRACTOR. Failure in providing customer
satisfaction to the CITY will result in payment withholding until compliance is received and
approval granted. Unsatisfactory work will be explained by the-CiTY and corrections shall be
completed within one ~1):calendar day. Invoicing s~all clearly reference ticket number with date of
service and truck number.
ARTICLE tO - CONTRACTOR'S RESPONSIBILITIES - '
CONTRACTOR shall provide the folicw~ng tO the Public Wor~S D~rector orr a monthly bas~s 0nthe
first business:: day of each~ .month ~that .thi~ contra*ct is in effect, urtless..& sbbsection gives a
different~ period of time:
T~
aJF
and
3. Submittal of wr ['ten reports documenting a I the act on taken to asses~ 'a~d~ dispose of
hazardous materia s
4. Other serv cos asidenflfied by the Public Works Dire~tor~ithfn the ~:obrse,q~ th~ conttE~.
CONTE ~C'~OR Shail submit a earl an des~t~bng meth'0d of co~P~ce v~th al
applrca~b!~ e,h~vimnmental laws ana regula~ons.
ARTICLE ~1~,;- TERMINATION OF AGREEMENT~ r
The obli by either
CiTY
Maria
pay
CONTRACTOR for all Services performed through the date of the notice of termination or
suspension.
ARTICLE 12_- NONDISCLOSURE OF PROPRIETARY INFORMATION
CONTRACTOR shall consider all information provided by the CITY and all reports, studies,
calcu!afions, and other documentation resulting [rom CONTRACTOR's performance of the
Services to be;iprOpHetary Unless such information isaval able from public SourCes or s apub c
record under FIorida'law; CONTRACTOR~shall not publish or disclose proprietary informafion~;for
any purpose other than the performance of the Se~ices without the prior writte~ authorization' of
the cITY or in response to I(~gal process.
ARTICLE 13~ GOVERNING LAW AND VENUE
This agreement shall be governed by the laws of the State of Florida. Any and all legal actions
necesSary to enfome the ~greement or ar[sing out of this Agreement will be held in Palm Beach
county. .
ARTICLE t4 - MISCELLANEOUS
14.1 Nonwaiver
A waiver by either CITY or CONTRACTOR of any breach of this Agreement shall not be binding
upon the walwng party unless such waiver'i{s in writing and duly signed by both parties to this
Agreement. In the event of a written waiver, Such waiver shall not affect the waiving parbJ's rights
with respect to any ether or further breach.~ The making or acceptance of a payment by either
party with knowledge of the existence of a default or breach shall not operate or be construed to
operate as a Waiver of any subsequent default or breach.
14.2 Severabilty
The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence
of any event rendering any portion or provision of this Agreement void or voidable, sha I n no way
affect the validity or ~nfomeability of any oth~r portion or provision of the Agreement. Any void or
voidable provision shall be deemed severed from the Agreement and the balance of the
Agreement shall be construed and enforcedJ as if the Agreement did not contain the particular
portion or provision held to be void. The parties further agree to reform the Agreement to replace
any stricken provision with a valid provision '{hat comes as close as possible to the intent of the
stricken provision.
14.3 Political Campaigns
During the term of this Agreement, the Contractor or any employee or associate, shall not be
involved in any political campaign for the City,of Boynton Beach elective off-ice nor make financial
contributions toany such campaign.
ARTICLE IS - INTEGRATION AND MODIFK~ATION
This Agreement is adopted by the CITY and CONTRACTOR as a final~ complete and exclusive
statement of the terms of the Agreement between the CITY and CONTRACTOR. This Agreement
supercedes all prior agreements, contracts, ~proposals, representations, negotiations, letters or
other communications between the CITY and CONTRACTOR pertaining to the Services, whether
written or oral.
The Agreement may not bemodi~ed unless s~uch modifications are evidenced by an amendment
signed by both the CITY and CONTRACTORJ
ARTICLE 16 - ASSIGNMENT AND DELEGA~rlON
i~either party hereto shall a;sign or delegate~any interest in or duty under this Agreement without
written consent of the other', and n0 assignment shall be of any force or effect, whatsoever unless
and until the other party shall have sO consedte(t. ~ ~, ' . ~'-
ARTICLE ~17- OWNERSHIP OF DOCUMENT
Any' notiCe'~dema~d, communication, or request required or
wr ~g~h~t:~li~ed r{ person or sent bY certified!mail, pcstage
Aa To CITY
City of Boynt0n Beach
Public'~Work~ Department.
As T~o CONTRACTOR~
John W. Noble~ Division Vice President'. -
Ashbritt, Inc.
1280SW 36th Avenue, Suite 102
Pompano Beach. Floride~ 33069
Notices shall be effective when received~, at,the address' specified above; Changes in the
respective addresses to which such notice ,maY be directed may be made-from time,to time by
any party by written notice to the other, party,. :Facsimile:is acceptable notice effective when
received, however, facsimiles receive(t (Le.;.printed) after E:0Q p~m. or on weekends ~r holidays,
will be deemed received on the next bus ness day. The roriginat of the notice,niust additionally be
mailed as required hereirr.
Nothing contained in this Article shall be construed to restrict the transmission of routine
commun cat ons between representatives of CONSULTANT and CITY.
ARTICLE 19 - PROJECT TEAM
The Project representatives of the contractor shall consist of the following:
Sally Bello Perkins. President
Randal Ray Perkins, Division Vice President
John W.:Noble, DivisionVice President
Terrence Jacl~son, Operations Manager
Project rePresentatives' members may be changed only with prior wdtten approval of the CITY.
IN'WITNES$,WHEREOF~ The City of Boynton Beach, at e regular meeting thereof, by action of
the CITY council and directing the foregoing be adopted; has caused thesepresents to be signed
by the Mayor, and it's seal to be hereunto affixed, and Ashbritt, inc, has executed this contract all
as of the day and year first above written.
Witness:
Ci~ OF BOYNTON BEACH
By:
~,ppr°Ved as to Form and Legal Sufficiency
By:
City Attorney-
Attest:
CONTRACTOR
Corporate; Secretary
By:
Signature ~
(Affix corporate seal)
Witness:
Name:
Approved by City Council
.On
Title:
(S~a~)
President or ~ther authon~Z~d
COrporate Office~ -~
2000 Item
"ExhibitA"
2-4 SCOPE OF WORK
The be performed
awarded
~om
Res
materials
Public Works
other
of service needed is
)NTRACTOR'S vehicles loading
move the
Unless otherwise
or tracked excavators,
machine that
woody vegetative debris,
as but
goods (refrigeratorsi
and initial
t of way is clear
to, the side of the right of
collection can
clear.
to ensure
be necessary
shall
· '~ CONTRACTOR shall have signage on ~oth sides of tr~ck identifying the company, CITY,
truck number and capacity (minimum 6. !e~eri~g).
3. Temporary Debris Storage and RedUC~i~ ~silt~_~p~tion Stations are as follows:
A. Temporary Debris Storage Sites
To be determined
4. INSPECTION STATIONS
(A) The Contractor shall construct, estab, lish ,and maintain Inspection Stations for use by
CITY Inspectors~ These stations shall become t~e points of inspection and determ nation
of load Volu;me by a CITY Inspector. I[ iS at these inspection stations that the CITY
InspectOrs will Originate and complete the four part debris removal ticket for each pad of
debris t~at is removed· and Will pi:ovide a copy ~the same to the vehicle.operator for the
Contra~(or's use. These inspection stations shall be constructed, established and
maintained~ by; the Contractor' at every debds reduction, recycling and/or Temporary
Debris Stbrage Site, These sites will a, lso provide for the safety and comfort of the CITY
inspectOr in the Conduct of his/her work~ and will be~judged by the CITY for acceptance~
Each inspect on
facilities. The
applicable technical
portable sanitary
#ith
to haul debris; and also allows for
the City inspector and the vehiclei
constructed of 2"x6" joists,
studs.
reasenabl)
The Contractor shall be ~esponsibIe for providing and maintain ng portable sanitary
facilities at each inspection station wh ch comply wit~ a I sanitary ah~technicat codes.
(B) The Contractor will cause the following acts to occur or i~acilitate their occurrence and will
be responsible to the City forthe r p~rfOrmance. '
Well organized and managed inspection stations at entrance of the site.
Inspection of loaded trucks for volume and type of debris
Loads to measured by cubic yard properly loaded and compacted
Load ticket procedures per truckload ~or t~ucks entering
(c)
Debris Reduction
Proper and efficient management o~ a temporary staging and/or reduction site
Restoration of storage and/or reduction site to original condition
Mulching and chipping clean horticultural waste
(D) Disposal'
Selection of appropriate disposal/reduction alternative:
Chipping, grinding, compaction
Burning as necessary and with appropriate permits and approvals
The Contra(~tor will remove all hurricane/disaster related material from the City's
temporary storage sites to a'desig~ated and approved Palm Beach County Solid Waste
Authority transfer site, in accordance with all conditions set forth in the Agreement
between the City of Boynton Beach and the Palm Beach Solid Waste Authority.
(E) Section C of the Contractor's Proposat, For RFP s ~ncorporated herein by
reference provid ng however that ~in the event there is any express or implied conflict or
inconsistency bet~;e?n~the Contractor's Preposal, RFP
Agreemen~ ame~ded sha [ a ~ays cOntro a~d preVa
, And this ,Agreement, this
lO
"Exhibit B"
CONTRACTOR shall provide full scope of work. which includes the lawful disposal of debds,
ncluding but ~ot limited to; erosion and silt control; regrading; haul roads and screening shall be
included in the unit price of:
$12.00 per cubic yard + disposal costs at P~lm Beach CoUnty SolidWaste Authority (PBCSWA)
Or other State licensed disposal facilityias alSprd~d ~by the City for collection of all storm re ated
debris inclading hazardous Waste. '
Note: No additional payment will be made regardless of haul distance.
The City will not pay and travel or per diem costs related to this contract.
1]
This is the front page of the performance/payment bond issued in compliancewith
Florida Statute chapter 255.05
Bond Number:
Contractor Name:
Ashbritt, Inc.
1280 S.W. 36a Ave, Suite 102
Pompano Beach; FL 33069
954-973-9200
Owner Name:
City of Boynton Beach
Project Number.
Project Description:
Project Address:
Disaster Response-
For the entire City of Boynton Beach, Florida
Various locations
Legal Description of Property:
Disaster Response
This is the front page of the bond; AIl.other pages are subsequent regardless of
the pre-printed numbers.
Bond No.
PERFOI~IANCE BOND
Know all men by these presents:
That. Ashbritt, ~nc., a cOrPoration, (corPoration, individual, partnership) of the State of
Florida. as principal, (hereinafter called the "CONTRACTOR) and
International Fidelity Insurance Company, a corPoration of the State of New Jersey, as
Sure}y (hereinafter called~the "SURETY"), are hetd and firmly bound unto the City of
Boynton Beach, a municipal corporation of the State of Florida. as obtigee (hereinafter
called the "CITY") in the' mount of One, Million and No/O{)Dollars ($1;000;000.00)
la .w(~l~. money ~,0f the United~ S~tes of Arge, riea for the payment: of which~, the
CQN~cTQR and the SURETY hereby bind Ourselves, our heirs, executors,
'": -~a ~drffi, 'rdstrators' sUccessors.and assigns, joir~fly and. severally, firmly by these presents.~
WHEREAS, the CONTRACTOR has by written agreement dated the day of
· 2000, entered into a contract with the CITY for Debris Removal for
Post Hurricane/Disaster Recovery · RFP No: . in
accordance with the DRAWINGS and SPECIFICATIONS prepared by the City which
cont[act is by this reference.made a part hereof (hereinafter called the "CONTRACT
DOCUMENTS ").
Now¢ therefore the conditions of this obligation are such that:
If the CONTRACTOR shall promptly and faltlffully perform said CONTRACT
DOCUMENTS; and if the CONTRACTOR shall fully indemnify and save harmless
the CITY and its consultants, and each of their officers, agents and employees, and
the ENGINEER and its consultants, and each of their directors, agents and
employees, from any and all costs and damages which they may suffer by reason of
the CONTRACTOR'S failure to do so; and if the CONTRACTOR shall pay the CITY
for alt losses, damages, expenses, costs, and attorneys' fees and legal assistants' fees,
including appellate proceedings and bankruptcy, and including any liquidated
damages or actual damages caused by the delay of performance of CONTRACTOR,
that the CITY sustains because of any default by the CONTRACTOR under the
CONTRACT DOCUMENTS; and if the CONTRACTOR performs the guarantee and
warrantee of all WORK under the CONTRACT DOCUMENTS for the correction
period specified in the CONTRACT DOCUMENTS; then this obligation shall be null
and void; otherwise it shall remain in full force and effect.
13
VVhenever the CONTRACTOR shall be, and is declared by the CITY to be in default under the
CONTRACT DOCUMENTS, the CITY having pert'ormed the CITY's obligations thereunder, the
SURETY may promptly remedy the default, or shall promptly:
or
{2) Pay
entitled
Of the
(3)
Obtain a bid o~ bids for submission [o the CITY for completing;the' CONTRACT
the CITY and ~he
such proposer and the CITY and make available as Work ri,though there
should be a default or a succession of defaults, under the CONTRAC'~,DQCUMENTS or
CONTRACT. DOCUMENTS of completion ~
pay the cos'c of completion less the balance
inclbding other
amount set forth in the first
as used~ in this paragraph, sha [~ mean the- ~ota[ amount
to
the
i~}TY to the
less the
It is further stipulated, understood and agreedthat:. ~
(1) Any changes in:Or under the CONTRACT DOCUMENTS. or ~ny C~ocuments incident
thereto, or the compliance or ' ~ '
noncomp ance w th any forma ties m cennect on with the
this Bond.
(2) The SURETY, for value received, hereby stipulates and agrees that no change in the
CONTRACT TIME or CONTRACT PRICE. alteration of or addition to'the terms of the
CONTRACT DOCUMENTS or to the Work to be pert'ormed thereunder or the
14
SPEC. FICATIONS apCicable thereto shall in"any way affect its obligations under this Bond.
The SURETY hereby, wafves notice of any such' change in the CONTRACT TIME or
CONTRACT PRICE, al.rotations of or addition to the terms of the CONTRACT DOCUMENTS,
or to the Work or to the~SPEClFICATIONS applicable thereto.
(3) This obligation~hall cover the CORRECTION PERIOD and any guarantees or
warranties.as required)by the CONTRACT DOCUMENTS, or such longer pedod as may be
prescribed by law or bya~y special guarantee required by the CONTRACT DOCUMENTS.
(4) Any suit.under this Bond must be instituted before the expiration of five (5) fears from
the date on which final payment under the CONTRACT DOCUMENTS is made.
(5) This Bond. is intended to comply with provisions of,:?,ection 255.05, Florida Statutes,
and all terms and conditions of said Statute are incorporated herein by reference thereto. In
the event of any conflict; ambiguity, or discrepancy betweep Section 255.05 of the Flodda
Statutes and this Bond,,the Flodda Statutesshall control. No dght of action shall accrue on this
Bond to or for the use,~of any person or entity other than the CITY and those persons or
corporations provided for by said statute, their heirs, executors, administrators, successors or
assigns. ¢'
(6) It is further-agreed and understood that if the CITY is required to initiate legal
proceedings to recover,.en this Bond, the-CITY may also recover its costs related thereto,
including a reasonable amount for its attorney's fees, legal assistants'-fees before trial, at tdal,
on appeal, and in bankruptcy.
(7) Any claim under'this Bond may be addressed to:
Name, address;and telephone number of SURETY
International Fidelity Insurance Company
1211 N. Westshore Blvd., Suite 607
Tampa, FL. 33607
Name, address and telephone number for agent or
representative in:Florida, if different from above
Bro~u & Brown, Inc.
5900 N. Andrews Avenue, Suite 300
Fort Lauderdale. FL 33309
15
Signed and sealed the __
Wirelesses (If Individual)
day of ,2000.
Contractor: (Print Full Name)
~By:
Title:
~tUt~onal Fidelit~ Imui~c~Company~
By:
Michael A. Holmes
Agent and Attorney in Fact
Note: Date of Bond must not be prior to date of Contract. If ContraCtor isa partnership,
all partners must execute bon&
Important: Surety companies executing the Performance Bond must appear on the U.S.
Treasury Department's most current list (Circular 570 as amended) and be authorized to
transact business in the State of Florida an&be pre-approved bythe City.
16
PAYMENT BOND
Know aH men by these presents: ~-"
That Ashbritt, Inc., a Corporation, (corporation, in0i~dual, partnership) of the State of
Florida, as principal, (hereinafter called the "CONTt~ ~:q2TOR) and
International Fidelity Insurance Company, a corpor~on of the State of New Jersey, as
Surety (hereinafter called the ' SURETY"), are held and firmly bound unto the City of
Boynton Be~c~h, a mummpal corpomuon of the St~l~ of Florida, as obhgee (hereinafter
fiallea the in the amount of'0ne Minion*3fia No/00 Dollars ($1,0001000.00)
lawful money of the United' Statas of Amerie'li~for the payment of which the
CONTRACTOR and the SURETY hereby bind ourselves, our heirs~ executors,
admi. aistratom~,, successors. 0nd ass~igns~ jointly,and s~y~. ally, firmly by these presents.
WHEREAS, the CONTRACTOR has by written ~emenl~ dated the day of
:, ... ~ ~00, entered intoa Contract wi~the CITY for Debris Removal for
Post Hurricane/Di~aster /' Recovery ~: RFP No. , in
accordanc~e, With the DRAWINGS and SPECIFIC ~A~lr~IONS prepared by the, CiW whick
contract isby this reference made a part hereof (hereinafter called the "CONTRACT
DOCUMENTS").
Now, therefore the conditions of this obligation arc, such that, if the CONTRACTOR
shall promptl~ make payment to all claimants, as heff~/~nafler defined, then this obligation
shall b~ ¥oid~ otherwise, this Bond shall remain ~ef~ll effect, subject to the following
conditions~
A~ A ctalmant is defined as any person supplyin~grthe CONTRACTOR With labor,
material or supplies~ used directly or indireq~, by the CONTRACTOR or any
subcontractor in the prosecution of the Work provided for in the CONTRACT
DOCUMENTS and is further defined in Section 255 05(1) of the Florida Statutes.
B. The above named CONTRACTOR and SURET~/:hereby jointly and severally agree
With the CITY that any claimant who has not be~¢g~10aid in full before the expiration of
a period of ninety (90) days after the perfom~.~.~ce of the labor or after complete
delive~ m° the mate~als or supplies by such cl~.mant, may sue on this Bond.for the
use of sUra~ s as may be justly due claimant, and have execution thereon The CITY
shall not be hable for the payment of any costs or expenses of any such surt.
No suit or action may be commenced hereunder by ~i~ claimant:
t7
(1) Unless the claimant, except a laborer or one having a direct contract with the
CONTRACTOR, within forty-five (45) days after beginning to furnish labor, materia s or
supplies for the prosecution of the Work,,fumishes the CONTRACTOR with a notice that he
ntendsto ooktothsbOrld~forprbtection; ,;
(2)
therefor..
ivery of
notice of
im tstion~ermiEed, bys~chliaw, * ', , -
The CONTRACTOR and the SURETY, jointly and severally,
damager expenses; ~or-costs ~and attorneys,, fees, includ~r!g
includi~
and
hereunder, including but not limited to, any sum which the Cl~ may I to pay
because of any lien for labor or materia s furnished for any Work ~nclu~.d !0 0s~emd by the
CONTRACT DOCUMENTS. , ..... ~ i ~.; .~
The SURETY, for value' received, 'hereby stipulates and agrees, that ao change in the
CONTRACT TIME or CONTRACT PRICE, alteration of or additioni,to~ the terms of the
CONTRACT_. DOCUMENTS or to the Work to be perforrned,;themunder or the
SPECIFICATIONS applicable thereto shall in any way affect its Bond.
The SURETY hereby waives ndtice of any such change TIME or
CONTRACT PRlCE,;altemtions of or addition to the terms UMENTS,
or to the Work or to the ~ .pECIFICATIONS applicable thereto. ? r~{ ~
This obligation shalt cover the correction period or guarantee peded~ as required by the
CONTRACT DOCUMENTS, or such Ionge~ period as may be prescribed by law or by any
spec al guarantee required by the CONTRACT DOCUMENTS.
18
No final settlement between the Cl']-Y and the-CONTRACTOR shall abridge the dghts of any
beneficiary hereunderwhose claim may be unsatisfied.
This Bond is intended to comply with-the provisions of.Section 255.05, Flodda Statutes, and all
terms and conditions of said Statutes are incomorated herein by reference thereto. In the
event of anY conflict, ambigu ty or discrepancy between Section 255 05 of the Florida Statutes'
and this Bond, the Flodda Statutes shall control. No dght of action shall accrue on this Bond to
or for the use of any persoa or corporation other than the CITY and those persons or
corporations provided for by said Statute, their heirs, executors, administrators; successors or
· assigns. All claimants and other- parties claiming any interest in this Bond, are. expressly
referred to Section 255.05, including particularly the notice and time limitation prov sions of that
section.
It is further agreed and understood that if the CITY is required to initiate legal proceedings to
recover on this Bond; the CITY may also recover its costs related thereto, including a
reasonable amount for attorneys' fees, legal assistants' fees, before thai, at tHai, on appeal,
and in any bankruptcy proceeding.
Any claim under this Bond may be addressed to:
Name, address and telephone number of SURETY
International F~delit¥ Insurance Company
121i N. wesEshore :Blvd., Suite 607
Tampa, FL 33607
(8i3) 282-8499~
Name, address,, and telephonenumber for agentor representativein Florida, if different from above
Brown & Brown. Inc.
5900 N. A~drews Avenue? S,,~h- 300
Fore Lauderdale. FL 33309
(954~ 776-2222
19
Signed and sealed the
Witnesses (If Individual)
day of
,2000.
Contractor: (Print Full Name)
By:
Title:
International Fidelity Insurance Company
By:
Michae}A. Holmes
Agent and Attorney in Fact
Note: Date of Bond must not be prior to date of Contract. If Contractor is a partnership,
all partners must execute bond.
Important: Surety companies executing the Performance Bond must appear on the U.S.
Treasury Department's most current list (Circular 570 as amended) and be authorized to
transact business in the State of Florida and. be pre-approved by the City.
20
Requested City comnUSslon
Me¢fin~ Dates
[] March 21. 2000
[] April 4, 2000
[] May 2, 2000
IV-CONSENT AGENDA
ITEM B.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORN
Date FipaL Form Must be Turned
n toC tv C erk~s Office
March 8, 2000 (5:00 Ixm.)
March 22. 2000 (5:00 p.n~)
Requeste.6City Commisston
Meefine Dates
[] May 16, 20~)
[~] Jtm¢ 6, 2000
Apdt 5, 2000 (5:00 lxm.~ []' June 20, 2000
April 19,2000 (5:00p.rm) [] July 5~2000
Date Final Form Must be Turned
in to Ciw Clerk's Office
May 3, 2000 (5:00 p.ra3
May 17, 2000 (5:00 p.ra.)
June 7, 2000 (5:~0 p.m.)
June 21, 2000 (5:00 p. rm)
NATURE OF
AGENDA ITEM
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[~] PubhcHearing [] Legal
[] Bids [] Unfinished Business
[] Announcemen[ [] Presentation
RECOMMENDATION: A motion to award Bidg068-2910-00/CJD to WEST CONSTRUCTION, INC. for the
BID BOYNTON BEACH MUNICIPAL GOL~F COURSE JOE DELONG BLVD. IMPROVEMENTS" in the amount
of: $I31,410.00.
EXPLANATION: On May 15, 2000; Procurement Services received and opened one (1) Bid for the above mentioned
project. It is recommendedto award this project to: WEST CONSTRUCTION, INC. of Lantana, Florida as they
were the sole, responsive, responsibie bidder who met all specifications. Joe Seiortino, Golf Manager concurs with
this award (see attached memo #00-008).
PROGRAM IMI~ACT: The pupose of this bid is to secure a source for the construction of the Joe DeLong Blvd.
Entranceway improvements.
HSCAL IMPACT: Palm Beach County Commission is providing $65,040.00 to the City through an Inter-Local
Agreement. This will be placed in the Golf Course - Capital Improvement Account. Funding will then be as follows:
Account Deseriotion, .Account Number
Capital Improvements 411-5000-590-05-03
Deputy Director of Financial Services
Budget
City Manager's Signature
Department Name
City Attorney / Finance / Human Resources
C: Joe Sciortino Golf Course Director
File
S:kBULLETIN~ORMSkAGENDA ITEM REQUEST FORM.DOC
RESOIJJT[ON NO. R 00-
E
WHEREAS, on Ma~/1~5, 200(~ :Procurement Services received and opened
one (1) Bid for the above r , ,and it was determined that West
Construdciorr/Inc~; was the sole, responsive:bidder who. met and exceeded,all
spedfications; ,
NOW~ THEREFORE~ BE l'r RESOLVED BY THE CZTY COt4f4ISSZON
Section 1. The City Commission of the City of Boynton Beach, Florida,
hereby approves the award of a bid for the improyements tothe Boynton Beach
Municipal Golf Course to West Construction, Inc, and authorizes and directs the
Mayor and City Clerk to execute a Contract between the parties, a copy of which
is attached hereto as Exhlb t
Section 2; That this Resolution shall become effective immediately.
PASSED AND ADOPTED THIS
City Clerk
(Corporate Seal)
day of .lune, 2000.
C~'Y OF BOYNTON BEACH~ FLORIDA
Mayor
Vice Mayor
Mayor Pro Tem
Commi~sioner'-
Commissioner:-
I recommend awa,r~ring ~he above bid to West Construction, Inc, in the
:~mount c;f $:1'3~i,14i'~b~i~'~: They were ihe sole qualified bidder for this project.
BIL'L-~KTKINS, DEPUTY
/FREDA DEFOSSE, ASST. TO GOLF COURSE
RE-BID BOYNTON BEACH MUNICIPAL GOLF MANAGER
COURSE JOE DELONG BOULEVARD IMPROVEMENTS
"Offers from the vendors listed herein are the onry offers
BID OPENING DATE: MAY 25, 2000 received timely as of the above receiving date and time.
BID OPENING TIME: 2:30 P.M. A;I other offers submitted in resoonse to this solicitation,
319-A WICKLINE BLVD.
.ANTANA, FL 33462-3162
~.TTN: MARTHA A. MORGAN
',56'1 ) 588*2027
TOTAL SUM $131,410.00
STRuCTuRAL ENGINEERING WORK $42,630.00
L'~'~i~(~'~i~(~ ............................... $9,180.00
..................................................~IGNAGE $10, 200. 00'
[~1~,~1'6~ ................................... $9,450.00
~,CKNOWLEDGE ~DDI~NDUM #1
5% BID BOND SUBMITTED ' ' r I
AMERICAN CASUALTY CO. OF
READING PA
STATEMEi~T OF BIDDER'S ' ' : "-'YES
QUALIFICATIONS , ,
BIDDE~'~ SITI~ INspECTION YES
CONFIRMATION '- ?
PR ME i3 DDER
"Offers from the vendom listed herein are the only offers
received timely as of the above receiving date and time.
if any, are hereby rejected as late"
VENDORS ~' .................. ~T ....... ~ON'~TI~'O~FION,
. _ ~ 319-A WICKLI~BEVD;
' i62
A~N','MARTH~- Mb~AN:--
(561) 588-2027 ..; ,
~NTI-KICKBACK'AFF]DA~IT" ................ ~ ...... ~
SUBMI~ED
CONFIRMATION OFMINOR]~' , ~ ~- YES.ES
OWNED:BUSiNESS SUBMi~ED ........ ~ ...... ~ .... _,.~.:;
uu. FI~mATIO" OF u.uG;FREE ..... ............... YES
- -~ORK~EAGE SUBMI~ED I
SA~E~ESOG~:.COM~IANCE '- ~ YES,
'::'~ - ,'-'::_ .... ..................... - ..... L; .......
CONTRACT
THIS AGREEMENT, made and entered into this day of , A.D.
20 - ~; by:and between-the CITY OF BOYNTON BEACH. a municipal corporation of Florida,
hereinafter called the "City"and WESI CONSTRUCTION~ INC.
a Florida Corporation
a Florida General Partnerslfip
a FloridaLimited Partnership
a S01e Proprietor
herehiaffer catted '*CON~ :R~CTOR".
Check One
- ' WITNESSETH.
That under the due procedure of law, bids were heretofore received by the City Commission of
said City for,:~ pe-tformance of VC°rk and supplying materials, hereinafter described, and said
CommisSion:~)!hg canvassed said'bids, had detenninedithat the bid in the total mount of One
hundr~ed amt~tlWrtv-one thoitsand:~, four hundred and ite~t dollars and ao cents submitted by
the aforement~otiea CONTRACTOR was me Vest and inost desirable bid Su0mitted, and has
authorized the execution of this contract.
NOW, THEI~.EF~ORE~, in. consid~'~afior~ of these premises and thc mutual conditions and
covenants coat.ed he/ein, the paffies agree as follows:
1.0 AGREEMENT
1.1
The CITY does award the contract to and does hire and employ the
CONTRACTOR and the CONTRACTOR does accePt the-award, predicated upon
the. bid o£ the CONTRACTOR, dated May 25,~ 2000, which is hereby
incorpOrated by reference into this agreement, and the CONTRACTOR does
agree to furnish the necessary labor, tools, equipment, materials and supplies, etc.,
and to perform all the work provided in the bid, contract documents, bond
documents,~plans and specifications for:
Bid Title:
BOYNTON BEACH MUNICIPAL GOLF COURSE
JOE DELONG IMPROVEMENTS
Bid Number: #068-2910-00/CJD
City of Boynton Beach, Florida, all of which are incorporated herein by reference
at such unit prices/or lump stun prices as specified in CONTRACTOR'S bid
totaling $13L410.00.
c-1
SCOPE OF SERVICES
2. t CO,NTRACTOR further agrees to furnish all materials, supplies, machines,
eqaiPment,' tools, fsuPerintendent, s, labor, insurance, and ot~ accessories and
:;' :;;)S~CeSSa~.Tto:~omp l~t ~i:said p~:oie~,::~: aecOrflanee~
prices as stated ~n¢~e;;~Om~t;mndifiOmi! al.general~ ~.and
special bondifions of the 60ntract, plans which include all maps; plats; blueprints,
and Other drawings and printedr:° v itte expI a [ow 2atter m eof, as,contain 4-i;
in the bid, conlract documents and specifications for th~pr0j~ct, .-~-
2.2
2.3
2.4 t from
~ttte
2.6 To
incurred in
and
2~7
excess
an by the
or
md. presentable
C-2
Payment of monthly or partial estimates may be wi~held until this has been done to the
satisfaction of the City Engineer. Final acceptance and payment for the entire project will not be
made until the site is satisfactory to the CITY.
2.8 :..The. CONTRACTOR shall at all times observe and qomply with the prg~isions of
the charter, ordinances, codes and regulations of theCity of Boynton Beacl~
Florida.
2.9 Upqn :completion, of the work, the City Engineer shall satisfy tfimself, by
~xminafi0n~and t~st, that the:work has been fully.,cpmpteted in.~cordance with
. -the~pt-~ans;, sPeeific~ti0ns and contract documents. When. the,~ity Engineer is so
satisfied, he shall recommend acceptance thereof to the City Manager, who shall,
if he ~agrees with such recommendation, present the ~ ,final pa~yment~app~,icafion to
citY c~rnmission for review enc[vote to formally accept the project. The right of
~n~:~ supervisi0, o[the CITY as.herder provided un.der ~}aathoritY of the
/neff' shall .nOt, make th,e COlqTrRA~OR anI agent m; emp!oy~e of th~ CITY,
but~flae.~CO ,NTRA~, GTOP,~ sha~ at all?tim~s~iand.ia all~espects have the rights and
liabilities o~ an indePendent C°ntmCt/~r.
2.10 After the cleaning up of the work, premises, street, s~ alleys, manholes; catch
basins, or other areas of structure in anyway connected With the performance of
the ~omrac~t,~e work as a whole shall be inSPected b~ ~e City! Engineer~ and any~
w~?r~sl~p:or nmterial foUnd not meeting the r~quireme~ts of th~ specifications
s!iat![~he rem6vedi~y or at~ th~ e'~_ens~ of:the ~ON~CTOR~ arid good and
sati'~ffactory worknianship, or~materi~ subsfimt~g theretor: ~3dl s~ement, defects
or'~'~d~ge. upon a~y pm. of the ,work shall ibc remedied, and. made good by the
co rr cTom
2.11 I~h~ ¢ONTI~CTOR will be helct~ responsible for th~ care;, protection and
Con~tt~On of al~ work unlal filial coml~et~on and acc~pt~nc9 ~emof, and will be
re¢tulr~d, to:m~e good at his own c~st any damage i0~ injm'y occun'ing from any
Call~O.
3.0 COMME~MENT OF WORK
3.1
3.2
coNTRACTOR hereby agrees to commence work tmder,,~s contract on or
b:ef~e a date ~ibe.~pecified in the-~a'itten "Notice to Proceed of ~e CITY and to
fulI~ :comple~ the ~roject Within 75 days following tho commencement date as
spe4~fied in same~
sence of the contract; In the event the CONTRACTOR shall fail in
~e ~erfom a of the work specified and required to-be perfO~ed within the
t/m~ limit $ forth in the contract, after due. allo~ance~ for my extension or
e~t~i0ns,~3 time made in accordance with herein before set forth, the
C~O~RA& g mall be liable m the CITY, as liquidate~t damages and not as
pen~'i~y, in~t amount stipulated therefore in the speclal conditions or in other
C-3
d0~ttments for eaeh and every calendar day that the CONTRACTOR shall be in
defatilt of completion.
T~e CI~ shall have the right to deduct said liquidated damages ~om any amoxmt due, or that
ni;aS/~bb~6~a~.,!'~!! tfi~, ~ cToR:; or' to' c~i~ii~eii~::liqtfidat~d:¥aam~g~s from. the
3.3
.~as liquidated
5.2
and continuous
guard
support
and
also
to the
~ls, equipment,
and
for the
, sewers,
'he work
' the
utilities
and
owner
or-owners for the removal and replacement or protection of such property or
utilities.
6.0 INDElV~][FICATION
6~1 The CONT~CTOR shall indemnify and save harmless and defend the CITY, its
agents, servants, and employees from and against any CJaim, demand, or cause of
action of whatsoever kind or nature arising out of error} omission or negligent act
o£ CONTRACTOR, its agents, servants, or employees ./n the performance of
services under this Agreement.
6.2
CONTRACTOR shall indemnify and save harmless and defend CITY, its agents,
servants and. employees from against any kind and all causes, claims, demands,
actfons~ losses; liabilities, settlements, judgments~ damages, costs, expenses, and
fees (;mcluding without limitation reasonable attorney's and appellate attorney's
feeS) of whatsoever kind or nature for damages to persons or property caused in
whole or in,pfart by any act, omission, or default of the CITY, its agents, servants
or emP, loyee~-arising from this~ contract or its performance.. The CONTRACTOR
and the CITY hereby agree and covenant that the CONTRACTOR has
incorporated in this original bid, which constitutes: the con. ,.t?ct sm payable by
the.CLTY!to the CONTRACTOR; specific additional: consideration sufficient to
supp0~ this Obligation of inde~fication provided for in this paragraph. It is the
C~Y ~.i and.! CONTRACTOR S full intention that ~thiS: provision shall be
enfOr~abte and saidpr0v/~on, shatl be in compliance ~with Florida Statute 725.06.
6.3
The execution of this Agreement by the CONTRACTOR shall obligate
CONT-RACTOR to comply with the~ forego/ng indemnification provision, as well
as ~th~ ins~ce; pm//~sions which are iset .forth in Attachment "_A" herein.
HoweVer, the!indemnififation provision, ?_d the insurance provision contained in
this Contract are no~ ,Interdependent.of!each other, each one is separate and
distinct from the othen
7.0
6.4 The obligation of the ..~ONTRACTOR tO indemnify the CITY is not subject to
any ~ffset, limitation or defense as a result of any insurance proceeds available to
eithe~ the CITY or the CONTRACTOR.
PAYMENT~BY CITY
7.1
The CIIY: agrees to pay the CONTRACTOR in current funds for the performance
of:th~~ C01nlxact, subject to additions and deductions as provided in the
specifica'tions.
c-5
CHANGES IN ~HE WORK
8.1 The CITY, without invalidating the Contract, may order extra ~ork or make
changes~by altefing~ adding to or dedu~ling from ~.wpr~.~.th~:.~p~.trae:t Sum:
~: b~in~ adjusted accordingly: ~ SUch woik shall be executeA under the :~ondifi0ns
· imade:in ~tingat th, tig)~such~change is order~ ;. ~
8 2 ~ change orders and adj er~ts~ ,tm!l ,be m w~tmg and app,rpved by the C~ty
Mana~r ~or Cit~ :Commissi6n if reaU/r~k~Oth 'S~; mo clai~:j[or~ extras roll be
~lowed~ '
~d
work
~md
~ with
extra work he
him
for
8.3.3
authority for
City Manager
n~essary, which
8.3.4 Changes in the work ~eeted in writing by me C! ,T~'S ,Representative
trader :the ~fal!owing ;~ed~/shal~e. ai~' ~f tlle~~ Contract by a
writtenChangeOr~r. . i '.' ~ ' i ,
8.3.5' ~ to the CITY
for a
the
his
8.4
The value of any changelordereet under the
reductions in work
following
and/or any
more of the
C-6
8.4.1
By such applicable unit prices, if any, as are set forth in the Contract
except in those cases where increases in quantities exceed fifteen (15)
percent of the original bid quantity and the total dollar change of that bid
item is significam in the opinion of the Engineer, the unit price shall be
subjec[ to review to detennine if a new mt price should be negotiated; or
8.4.2 If n0 such un/t prices are set forfl~ then by a lmmp sum or other unit prices
mutualiy agreedupon by the CITY and the CONTRACTOR; or
8.4.3
By cost r
the
cost for labor, direct overhead,
S.exTvices necessary to complete
zharge of the, authorized
current local rate of
before starting such work, for each
limit
upon and shalt not be exceeded
8~g,3.~ ..~e G~OIqT!-RACTOR shall submit ~cient cost and pricing data
:'~ 5~,~..e~,b!e';',.~ ~ngineer to, d~.~e the necessity and
~:easonableness Of:costs and amounis proposed and the allowability
ar~c[ eligibility ofc~sts proposed,
8.4.3.2,The .C~..Nrd3RACTjD~R shall have an accounting system which
,accounts: f0r: ~s.uck,9osts m accordance with generally accepted
aeeo~g~pri~.~ci?les; This sy~em shall provide for the
identification. ~cc'Umulation and segregation of allowable and
unallowable Change Order costs.
8.4.3.3 Where it is indicated that the Contract is Federally or State
assisted~ the CO~TRACTOR'S ~attention. is directed to the
applicable roles and regulations relative to cost principles which
must be used for the detemfination and allowability of costs under
8.4.3.4/it no case shall fiqnge benefit costs on direct labor costs exceed
forty (40) percent ~fldirect ~bor costs,
8.4.3.5
In no case shall theiCONTRACTOK and Subcontractors' general
overhead and profit~ ha the aggregate excee4 fifteen (15) percent of
the total cost of ;dlrect l~bor, fringe benefits, direct overhead,
materials, supplie~', .equipment and directly related services
supplied by him. Among the items considered as general overhead
are bonds, insurance, incidental job burdens, supervision and
general office expenses.
c-7
9.0
8.5
8.4.3.6 In no case shall the CONTRACTOR'S cost for administering
subcontracts exceed five (5)p~rcent of the subcontractors' cost not
· · ~cl~di~g'sube6nffactoi~pr0~i~ -
power driven pumps,
required
work, the
of the
by the
Clair tpon
certified
submitted for 1 was
done. No c in
the ¥
PROJECT ENGINEER
9.! The
9.2 The Enginee~
He has
; MANAGE1L
of the work. The
m the contract
to act, and
[ written authority.
may be necessary to
9.3
of the conditions of the
side neither with CITY nor
enforce its
c-8
10.0 INSURANCE
10.1
The CONTRACTOR shall maintain during the term of this contract commercial
liability, motor vehicle, and property damage insurance, acceptable to the_CITY,
covering the work contracted and all operations connected herewith, and
whenever any of the work in.the contract is to be sublet, CONTRACTOR'S
co~n~gent:or, protect!Ye liability and property damage insurance~ Such insurance
Shall;proVide,.limits inot less than those set forth on the insurance requirement
schedule attachedas Attachment "~" .i
10.2- Requ/redk insuranc.~-:shall: be documented irt a certificate of insurance which
Pm.~i~d~s ~at.the CITY Of Boynton Beach shali be notified at least fifteen (15)
days 'in advance 0gCaneeltatie~;:nonrenewal or adverse',ehangn. Crmtractor agrees
to furnish policies if Certificate of insurance is not acceptable
10.3
to prevent the
,t the
be
Beach,
they
>r other construction
is attend by loud or
and 7:00 A.M.,
then only in case of
11.0
GUARANTEE ~AND WAR~ANT[ES
11.1 Alt the work shall be guaranteed to remain in good condition for one year from
date of acceptance.
12.0 TERMINATION OF CONTRACT
12.1
If the work to be performed under the contract is assigned by the CONTRACTOR
other than provided for herein; if the CONTRACTOR should be adjudged as
b~ukrupt; ifia: general, assignment of his assets be made, for the benefit of his
creditors; ifi;a receiver should be appointed for the CONTRACTOR or any of his
property; if~at :anytime the Engineer shall certify in writing to the City Manager
that the performance of the work under the contract is being unnecessarily delayed
or that the~ CONTRACTOR is willfully violating any of the conditions,
provisions, or covenants of the contract, plans or specifications, or that he is
executing the same in bad faith or otherwise not in accordance with the terms of
the contract; if the work be not fully completed within the time named for its
completio ,n ($r within lhe time to which such completion date may be extended; or
if~)ther just gauseS exit, t, the City Manager may serve ten (1~0) days' written notice
upon the CONTRACTOR of the intent to terminate the contract for the CITY and
c-9
if the CONTRACTOR shall not, prior to the effective date of termination set Ibrth
in such notice, take such measures as will, in the judgment of the City Manager,
ensure the ~ Commission and the
with its
3f the
less the
13.0
14.0
CONTRACT CONTROI~,S ~
13.1 The subject* '-e°~n~a~t betwecn the CITY an~ the:C O~ ~h,all supe_rse,de
any and ~ ~o~ents execUted betwem;the Parties relative to the project, m me
event of~ ~¢onSist ~encies, the tenm, pro~isaons ~d ~0ndit!ons ~et f.,orth m the
subject ~i~t shall:sUpersede all oth~dom~aents and/~,'..1.!be~cofltrolling.
14.1
and
and
complete the
a~~predetermined
15.0
15.1
'ssion of the
or delay
C-lO
caused by weather conditions or unavailability of materials, the sole remedy
available to CONTRACTOR shall be by extension of the time allocated to
complete the project. No monetary damages shall be claimed or awarded to
CONTRACTOR in association with any delay in the project caused by an act or
omission of the CITY, its agents or employees.
15.2 Failure on .the part of CONTRACTOR to timely process a request for an
extensi0n of time ro complete the work shall constitute a waiver by
CONTRACTOR and CONTRACTOR shall be held responsible for completing
the work within the time allocated by this contract.
15.3 Alt requests for extension of time to complete the work shall be made in
accordance with the General and Special Conditions.
15.4
For the purpose of this section the phrase "the CITY, its agents and employees"
Shall include but shall not be limited to the architect, project manager and
consulting engineers.
c-Ii
IN WITNESS, W}II~,REOF, the' CITY has caused these presents to be s~gned by its
Mayor~ attested by the City Clerk with the Corporate Seal of the said CITY and the
CONTRACTOR has executed th~se presence the davy and y~ar herein before,written.
Signed, 'sealed and witnessed
in the presence of:
CITY OF BOYNTON BEACtt~ FI~ORIDA
Attest:
Approved~ as to:Form:
City Clerk
City Attorney
Signed, sealed and witnessed
in the presence of:
Contractor
President or the Vice President
Attest as to Contractor
c-12
State of Florida
County of Palm Beach
)
) SS:
Personally appeared before me duly authorized to administer oaths
to me known to be the persons
described herein and who executed the foregoing instmmem and have acknowledged before me
and they have executed same.
Notary Public
My Commission Expires:
11/15/96 nc
C-13
~equcsted City Conunission
Meettn~ Dates
[] March21,2000
[] April 4, 2000
[] Ap~] ~8,2000
IV-CONSENT AGrENDA
ITEM B.3'
CITY OF BOYNTON BEACI
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned
in to CRv Clerk's Office~
March ~, 2000 (5:00 p.m.)
March 22, 2000 (5:00 p.m)
Aphl 5, 2000 (5:00 p.m.)
April 19, 2000 (5:1)0 p.m.)
Requested City Commiss/On
Meeting Dates
[] May 16, 2000
[] June 6, 2000
[] June 20, 2000
[~ July 5, 2000
Date Final Form Must be Turned
.n to CRv Clerk's Office
May 3, 2000 (5:00 p.m.)
May 17, 2000 (5:00 p.m.)
Joxl~ 7, 2000 (5:00 p.m.)
June 21, 2000 (5:00 P.m-)
NATURE OF
AGENDA ITEM
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
RECOMMENDATION: MOTION to approve the "piggy-back" of PALM BIACH COI.?YP/~ CONTRACT NO.
#R-99;742D to STEPHEN BORLrFF, A/A, AR~zHITECTS & PLANI~RS, INC. for ARCHITECTURAL AND
ENGI/qEERING SERVICES with estimated expenditures ors 31,940.00.
EXPLANATION: Procurement Services rece~vq.d a request from Public Wurks/Faeilities Management to "piggy-back"
ePnaka. Be.ach Coup. ty, C~ontraot No.. R-99,:742D to Stephen. Bomff; AIA, Axchitects & Planners, Inc. for architectural and
gmeermg services. I nese setvtces will be used £or design, permit plans and specifications for various City projects,
Procurement Sermces request Commi~$inll'S review, evaluation, and approval.
PROGRA1VI IMPACT: Facilities Management has identified tea (10) City projects which require architectural and
engineering services to be completed, rhese services are necessary to provide the design, permit plans, and spec/fications,
FISCAL IMPACT: The funding for the architectural nncl eng/neering services will be aa follows:
Acco~ Account Number Amount
Other Contractual Services 001-2511-51949-17 $ 31,940.00
ALTERNATIVES: To seek other sources for architectural and engineering se cea.
Deputy Director of Finnncial Services Cit~ Manager's Signature
Procurement Services
Department Neme
cc: Chris Roberts - Public Works
Bill DeBeck - Facilities Menagemenr
File
City Attorney / Finance / Human Resources
S:~B ULLET1NWO RMS~AGENDA ITEM REQUEST FORM.DOC
FACILITIES MANAGEMENT DMSION
Memorandum No. 00-059
TO:
VIA;:
FROM:
DATE: May 24, 2000
SUBJI~C~: ,~;Architectural Services,.
Bill Atkins, Deputy Finance Director
Directo~r
Christine R?~ert_s, Interim Public Works ,~. ~
Bill DeBeck, Facilities Manager .
PURCktA$1NG
Attaehed:!{~ a proposal f~om Stephen'Bomff ~r architect, and engineering service for t~n ~-
projects Facilities Management needs design..and perrmt Plans ant} specifications for, the
projects are.
1. City Hall- LT.$.Window
2. City. Halt- I.T.S. HVAC
3. P.W. #1 - Fleet Maintenance Storage Room
4. 17 ~W. #3 - Parks Addition (Parks)
5. City Hall~ Customer Service Fan Coil Unit (Utilities)
6. Civic Center- Fire Alarm System (Recreation)
7. Fire Alarm Study
8. :?iSt01 Range - Exhoust System (Police)
9: iR~G:M.Ci 2 Sewevmam'watl C0filities)
10: Racquet Center- HVAC (Recreation)
As we:have dis~usg~d, thi~ ii based on Palm Beach County's Annual Consultant Selection List.
This is'i ~ 'four~ &nsultant FaCilities Management has tried Io contract with for these budgeted
capita~ projects anc~ the only one to produce prices and a valid contract agreement.
Please process for :Comnnssion approval for a total cost of $31,940.
BDB/pl
Attachments
Copy: Pete Maz~ella, Utilities
Jolm Wildner, Parks
Bob Lee, Fleet Maintenance
Peter Wallace, LT.S/
Chief Gage, Police
Steve Gale, Fire
Agenda Item #:
PALM BEACH
BOarD OF COUNI~ COMI~SSIONE~,
M~lti~gDa~elApeIl IL~000: IX] Consent [ ] R~ala~
£ ] Workshop [ 1 Pul~li~Hearing
D0pa~mm~t~ Facilities Dsvelopm~ and Operations
mw_-
Ar~hi~ural/Prof~monal 8er~i~s ag~eemen~ with b'~ephen L. B0rv~ ALi, Ar~hlt~t~ .&
Plara~rs, Ino,
Background and Justiflcafiom In a~or dance witA Beard adopt~i pro~dm~s pura~aa~ ~o
co--on ~s~ of 1~ ~ ~O0,0~, W0~ ~ au~d'~u~ in~du~ ~k
~m~ when ~ ~ r~d d~ng ~e t~. d ~s cm~. ~e ~ of the
~t a f~ one y~; aM ~e ~ ~ a~on dl0wed ~ ~ (8) a~on~ on~
~a ~ ~ ~ y~of ~e a~t. k m the q~e~ of Fa~fi~ D~opment
~n~ue ~ ~ae ~e p~on~ ~. D~ ~e ~ y~ of the ~U~ct,
B~ffw~ aw~ ~118,2~ in p~ au~a~fi~,
L Amenclmea~ No. 1
2. May 4, IV99 BCC A~nda Item
DelmW Coun~
D~.te -
IL ~AL IMPAC'P A~ALYSI~
A. OFMB Fiscal and/or Contract Development and C°n.t~°t Ccmmen~a:
O. Otb,re' Dspaf~nen~ ~
Th~ p~je,~ wa~ coordinat~i ~th the
N/A
CID
R2000
AMENDMENT TO CONTRACT FOR
ARCHITECTURAL/PROFESSIONAl. SERVICES
$$1 25~ ~270 P.03.'10
This. · Amendment #1 dated , to the Agreement (R-99-742D) dated May
4, 1999, by and between Palm Beach County, a political subdivision of the State.Of Florida,
by and through its Board of Ccmmissionersi hereinafter referred to as the COUNTY and
Stephen Boruff, AIA, Architects & Plannere, lno,, & coq3orafion authorizedtode business
in the Stats of Florida, hereinafter referred to as the CONSULTANT.
WITNES'SETH
WHEREAS, the parties have entered into an Agre.ement under which the
CONSULTANT provided certain profess onal services to tbs COUNTY for various projects
in accordance with Consultants Competitive Negotiations Act (CCNA1 FS 287.055; and
WHEREAS, the parties hereto desire to amend the Agreement to extend it for an
additional one (1) ~,ear pedod.
NOW, THEREFORE, in consideration of the premises and of the mutual convanants
hereinafter set forth and for such other good and valuabte consideration, the receipt of
which the parties hereto expressly knowtedge~ the parties convenant and agree to the
following terms and conditions:
1 The term of this Agreement as set forth in Section 4, Article 4.1 is renewed
for ~ns (1) additional year to May 4, 2001.
2. Except as specifically, modified above, the terms and conditions of the
Agreement are hereby confirmed and remain in full [orca and effect.
CID 561 23~ 82'¢~ ~.04/i0
tN WI3'NE$$ WHEREOF, the Board of County Commissioner$~of Palm Be=ch
County, FlOrida has made and executed this Contract on behalf of the COUNTY and
ATTEST:
DOROTHY H. WtLKEI~t~ Clerk
iBEACH¢
WITNESS: FOR CONSULTAN~
SIGNATURE
Name (type or print)
=rint)
Title
(Coroorate Seal)
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
Architectural Services
Continuing Contract Basis
Exhibit B
Hourly Rates
Principal $ I05.00
Project Arch/tect 90.00
Project Manager 75.00
Dra£~n§ Techmcian §0.00
Clerical 3000
For th~ purposes of the Agreement, the Principal shall be StePhe~ L. Borufl', AiA
and tlie Project Architect shall be' Philip F. Luchner~ The mul~'ipiier for Stephen
Boruff. A[A, Architec~ + Planners, Inc. is 3.0.
701
FLO~iO~ 33407-1956
F~,x 561.471-8539
AA o0o222e
· JUN-OT-20EO 09:~2 CID 561 2~,~ 0290 P.f~6¢'20
Znc;
Principals
Charge
HOurly Rate
$165:00
$125;00
$38.00
Director o~ Eng?eedng
Chief Civil Engineer
Chief Structural Engineer
Chief Mechanical Engineer
Chief Electrical Engineer
Senior Project Engineer
Engineer In Training
$155.00
$90.00
$92.00
$85.00
$90,00
$85.00
$75.00
$58.00
$47,00
$50.00
March I999
Standard Hourly Rates
Project Manager $106.00
Proje:t F. ngineer $ 81.00
Project Desigaer $ 61.00
CADD Operator $ 41.00
Clerical $ 37.00
F.R.S~ & ASSOCIATES, INC.
SCHEDULE OF HOURLy:RATES AND OTHER CHARGES
Survey Crew
2-Man GPS Sur~ey Crew
Survey Computer & Technician
$ 90.00 perhour
$110.00 ;e~ I~OUr
$ 50,00 peHlour
CONSTRUCTION MANAGEMENT. SERVICES, INC.
10 Fal,'%vay Drive · ~ult~ 30I · O~erfleld Beach. Florida ~441 * 9~'481-1611 · F~ 9~427-3142
M~ch 5, 1999
Stephen Bon~ff,. A.IA
Architects & Planners, Inc.
701 l~orthpoint P=kway
West Paln~ B~aclh BL 33407d95~
Att: Ms. lessi~ Lucldo
SCI~I~I~ULE OF ROURLy LAROIi IIAT~,~.
Principal
Senior Dbciplinel
Senior Disc/pi/ne I~
Project Inspeetor I
Project Inspector ti
Administrator
Clerical
$
$ 8S. OOfAr.
$ 7$.00/hr.
$ ~.O(~br.
$
S 4$.00/hr
$
CMS, INC.
Signed By: Kelth Emery, President
CID
TOTAL
Requested City Commission
Meeting Dates
[] March 2l, 2000
[] April 4, 2000
[] April 18,2000
[] May 2, 2000
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned
in to'Cit~ C~e~k's Office'
March 8. 2000 (5~00 p.rra)
March 22, 2000 (5:00 p.m~)
April 5. 2000 (5:00 p;ri~)
April 19;2000 (5:00 p.nt)
Requested City comrmssinn
Meelin~ Dates
[] May 16,2000
[] June 6, 200G
[~I June 20, 2000
[] July 5. 200o
IV-CONSENT AGENDA
ITEM 8.4
Date Final Form Must be Turned
in to CiW Clerk's Office
May 3, 2000 (5:00 p.rn.)
May 17, 2000 (5:00 p.m.)
June 7, 2000 (5:00
June 21, 2000 (5:00 p.m.)
NATL~E OF
AGENDA ITEM
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[~i Public Headng [] Legal
[] Bids [] UnfmishedBusiness
[] Announcement [] .Presentation
RECONEVIENDATION:
Motion to award Bid #052-2610-00/CJD to JMW Construction Corporation for the Consmaction of an Open-air
Amphitheater and Restrooms at the 1913 Schoolhouse Museum in the amount of $120,700.
EXPLANATION:
ha January of 1998. the City of Boynton Beach submitted a grant to the State of Florida Division of Cultural Affairs Cultural
Facilities Program for consUmct/on of an Outdoor amphitheater and restxooms adjacent to Kid's Kingdom Playground. A
$94,552 grant was awarded to the City of Boynton Beach with match/ng funds requirements akeady met and expended
through the renovation phase of the 1913 schoolhouse. According to the Agreement,: these grant funds must be encumbered
via an executed contxact for ail work by J/me 30, 2000. 'Three (3) proposals were received for Bid #052-2610-00/CJD and
JlvlW Construction Corporation was the lowest, most responsible, responsive bidder who has met ali specifications.
PROGRAM IMPACT:
The amphitheater will allow for additional program space and an eating area for museum visitors and provide the Parks
Department with outdoor restroom facilities for the very popular Kid's Kingdom Playground.
FISCAL 131PACT:
Expend $26,148 from the Park and Recreation Facilities Trust Fund #141-5000-590.99-02 to meet the increased bid cost of
constmctien over the $94,552 grant amount. Balance in that Trust Fund is $286,594. Parks Dept. concurs on rids
expenditure and includes approval for a small contingency amount if necessary. (See attached memo from John W fldner.)
ALTERNATIVES:
Reject a state graur, lose the oppormmty to provide additional space for creative programming and not provide needed
facilities for public restrooms. OR have city pay for entire project; build seating area only at estimate of $49,900; or add
restrooms only at estimate of $70,800.
' ft~Oepartment Head s Signature ' C~y Manager s Signature
Library
Department
S:kBULLETrNXFORMSkAGENDA ITEM PdEQUEST FORM.DOC
City Attorney / Finance / Human Resources
A
RESOLUTION NO. R 00-
AND'
WHEREAS, Procurement' services received' and 0penect Bids fer the
~'ioject, and it
Corporation w~ t.~:~ most responsive and exceeded all
JMW Construction
NOW,. THEREFORE, BE I'T RESOLVED BY THE CTrY COMI4ISS1'ON
OF THE CITY OF BOYNTON BEACH,. FLOR/DA,~ THAT:
SeCtiOn ~.
hereby approves'the award c of-an Open-air
Amphitheater and ReStrooms at the 1913 Schoolhouse MUseUm in the amount of
$120~700 to 31VlW. Construction Corporation, lirects the
Mayor anct City CJerk to execute a ContraCt between the parties, a copy of which
is attached hereto as ~Exh~blt A.
Section 2. ' That this Resolution shall become effective immediately.
PASSED AND ADOPTED THIS
ATTEST:
CiW Clerk
(Corporate Seal)
day of June, 2000.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Mayor Pro Tern
Commissioner
CommisSioner
Farace, Virginia
From:
Sent:
To:
Subject:
Wildner, John
Moriday, June 05, 2000 10:57 AM
Farace, V rginia; Atkins Bill
_ RE,.. MUSPUm Amphitheater Bid
Virginia - per our discussion, ~e amphitheater and*,~st, r°°ms wi~tl b?~a sig, n, ifica,,n,t, ad,d!tion to t,he. p~.,rk fac!lit'.~s, at Kid. s
Kingdom. It is er~tirely-appmpdate thatthe Park an~ Facilities/rus~ ~-uno ~e utmzeo to com,ple~e ~.ne proj .~ect~ tor., .c~s.
over the grant amount. This would include a conting~.ncy amount if it is necessary. Let me Know If there ~s anytn~ng else
we can do to help on this project.
John
I1~
Sent: 35,:2000 10:37 AM
To: * Atkins, Bill
Subject: Bid
I am pre~dng the Agenda RequestS:form for the Amphitbeat~ project to be on the commission agenda for June
20; I would fiketo¢omplete the packet for submittal today or tomorrow°
JollY, I~appre~iate yourofferof ;$26,~1~8 fm~ the Park and Recreation Facilities Trust Fund in order to complete
the pmj~ at:{hp bid .an~unt. AS yOU kr~ .°~v.; the grant..awa~ is $$94,552 a.~ th? ! ,o~?d is,$~2elO~ul0~.. I hope
there will notbe anyedditional costs but if so, a small com~ngency amoum wou~o oe ex~reme~y .=~p u.
Bill, please send me whatever backup is needed for a bid item se that I can inc ude that in my agenda peckat.
Thank you both for,your assistance.
N,E, let AVENUE
OCEAN AVENUE
CONSTRU
MOST REsPONSiBLE, RESPONSIVE BIDDER~
SERVICE~
MEETS ALL SPECIFI~CATION,S
UIRG~CE, DIRECTOR O~'THE LIB~RY
~ '~ ....
BID OPENING
BID(;
VENDORS DAnG CONST~U~TiON CORP / JMW CONSTRUCT ON CORP. - MILLER PP, Og~,t~TIE~S &'DEV. INC.
3~32,bb~RON AVENUE 3100 N W BOCA RATON BLVD STE 40~ P.O. BOX'1333
' SO~NtO~ BEA~. ~L ~3436 BOCA ~ON, FL :33431 ~'. BOCA ~TON, FL 33429
~),738~3~3 ~-_" ;~':,, (56~)41~:007L"/~: ' ':; (561) 338-6~10
. ~. , ~?DO~UlOQD'~Sd~IO A~N: ;JpUN;Hj~iL~i~ : ~U: ~LE J. MILLER -
ACKNOWLEDGEMENTOE k~ ~ :; ~ ..~; ~- ~,~-~-' · ~ -
ADDENDUM~I suBMI'~ED ' ~ .' ~ ' YES ~ yES YES
ACKNOWLEDGEMENT~F .... ~'?~;~ y~S ' ;- ~E~~:'~'' ......... YEs
ADDENDUM ~2 SUBMi~ED j
CONSTRUCTION OFA~ OPEN-AIR . ~ ~' ':~:::'~ :,;u~ ,.'::,r:~'~::',,.:u ,',~..- ' ' ~ ' .......
AMPHITHEATER, ~-'., . ~N/A~., $49,900.00 N/A
" '~'~ ~'~~~ ~ $70.800.00 N/A
- ' 1"30,000
rOTAE COST. ..... ,~.~ $137,585.00 $120,700.00 . ' $ .00
~ YES
BID BOND SUBMI~TED ?:z: ~ YES ..... ~
':' CUMBERLAND CASUAL~ GREAT AMERICAN INS. CO, PREFERRED NATIONAL iNS, CO.
STATEMENT OF-BIDDER'S ~:?]
QUAE F CATiONSSUBMI~ED ~:: ~ YES *YES YES
B~DDER'S SITE INSPECTION ;::~, ....
........ Y ........................ INCOMPLETE ................
Fr F '
NONCOLLUSION AF IDAVIT O"
PRIME BIDDER suBMI~ED YES YES YES
ANTI-KICKBAC~ AFPIDAVIT
SUBMI~ED YES YES YES
CONSTRUCTION OF AN OPEN,AIRAMPHITHEATER AND RESTROOMS AT THE ~1~'~13
SCHOOLHOUSE MUSEUM LOCATED ATi .t29E~ OCEAN AVENUE, BOY. NTON BEACH, FLORIDA
"Offers from the vendors listed herein are the only offers
BID OPENING DATE: MAY 11,2000 received timely as of the above receiving date and time.
BID OPENING TIME: 2:00 P:M. AIIotherofferssubmittedi~ resoonse to this solicitation.
BID #: 052-2610-00/CJD if any, are hereby rejected as late"
VENDORS DASC. CONSTRUCTION CORP. JMWCONSTRUCTION CORP. ' VIILLER PROPERTIES &DEV. INC.
3632 OBERON AVENUE' 3100 NW BOCA RATON BLVD. STE 406 :).,O. BOX 1333
. . BoYNTON BEACH, FL 33436 BOCA RATON, FL 33431 3OCA RATON, FL 33429
(561) 738-1313 (561) 4'~7~0077 (56t) 338-6110
, A'I'TN DOMEN CO D'ASCANIO
COI~!FIRMATION OF MINOR TY OWNED
BUSINESS SUBMITTED FORM SUBMITTED/NOT A FORM SUBMITTED/NOT A NOT SUBMITTED
' MINORITY OWNED BUSINESS M NOR TY OWNED BUS NESS ·
CONFIRMATION OF DRUG FREE
WORKPLACE SUBMITTED YES YES YES
SAFETY PROGRAM COMPLIANCE
SUBMITTED . *YES YES YES
COMMENTS *SEE NOTATIONS *SEE NoTATIoNs
SUBMITTED
3 COPIES SUBMITTED 3 COPIES SUBM TTED 3 cOPIES
_ CONTRACT
day of ~ , A.D. 2000,
hereinafl;er
Check One
received by the City Commission of said
supplying materials, liereinafter described, and said
had'determined that thebid in the total amotmt of one
. dollars arid 00/100 submitted by the
best and mo~t desirable bid submitted, and has authorized
)W, ~REFORE'; i~n ~sideration of these premises and the mutual conditions and
~enares Contain~}he~ th~ parties agree as follows:
L1 contract .to and does hire and employ the
does accept the award, predicated upon
dated May I 1, 2000, which is hereby incorporated
i agreement, an~ the CONTRACTOR does agree to furnish
~ tools, equipment, materials and supplies, etc., and to perform
in the bid, contract documents, bond documents, plans and
CONSTRUCTION OF AN OPEN - AIR
AMPItlTItEATER AND RESTROOMS AT THE 1913
SCHOOLHOUSE MUSEUM LOCATED AT 129 E,
OCEAN AVENUF~ BOYNTON BEACH, FLORIDA
Bid Number: #052-2610-00/CJD.
Ci~ c~ ~Oyntoa Beach, Florida, all of which are incorporated herein by re,f,e, renc. e,
at ~i.~c~ m~it prices/or lump sum prices as specified in CONTRACTOR S
totaling $120,700.00.
C-1
2.0
SCOPE ~)F SERVICES
2.1
2.2
2.3
2.4
2.5'
2.7
of,~
cora
ev~
c*nt
CONTRACTOR further agrees to furnish all materials, supplies, machines,
equipment,/tools; superintendents, labor~ insurance, and other accessories and
services neCeS~ar~ to complete Said project in accordance,with the conditions and
prices as s ' ' · ' '
tater ~n the contract condmons, supplemental general conditions and
special conditions~ of the contract, plans which include all maps, plats, blueprints,
~d ok drawings and printed or written~explanatory matter thereof as contained
in, the bid~ .contrac~ documents and sPecifications forthe project
All ~ td~labon perfo~ed~,ander,this contract s~hall~,b~ p~rfonned, and alt
~sked~ shall%be4 in strict conformity, with said plans and
,CO CTOR con s: t° the condition
[neg~in s~ t plarm a~d. sp~cations an~,:e~pressly ,~a~ees to comply with
~cting t~ said, ~ork,
The CONTRACTOR further agrees to furnish ~
the work above
materials and
substantial and
~file in
and City :Engiu~er, of the, said
which may i~ given by thelcity M~inager or
fOr the pri~:e~ herpin pl~finly'set ~'o~th. '
and
Commission
directions
at and
f~_~ltYn receipt :Of,~tten. notification from the CITY, to correct any defective or
,w°rk oi~a,t~,rials which may appear within one (1) ye~af[er completion of
t~ cqntract and:ireceipt of finalj, Payment. co~CroR shall make the
negessm7 corrections within ten (I0)days of receipt of the written notice.
Te comply with the provisions of Section 255.05, Florida Statutes, if applicable
To pay promptlT, before final settlement, any and all claims or liens incurred in
and about: this work. Furnish release of liens forms from all ~subcontractors and
suppliers of materials. Forms to be supplied by CITY.
The CONTRACTOR shall remove and clean up all rubbish, debris, excess
material, temporary structures, tools and equipment from streets, alleys, parkways
and adjacent property that may have been used or worked on by the
CONTRACTOR in connection with the project promptly as such section or
portion is completed and ready for use, leaving the same in a neat and presentable
condition,
P_ayment of monthly or partial estimates may be withheld untiI this has been done
to the satisfaction of the City Engineer. Final acceptance' and payment for the
entire project will not be made until the site is satisfactory to the CITY.
r him~qelf, by
of:,the
of
and any
defects
~ the
3.0
2.11
3.1
protection and
from any
commence work under this contract on or
' and to
the-commencement date as
C-3
3.2
Time is the ~sence of the contract In the event the CONTRACTOR shall fail in
the performance of the work specified and required to be performed within the
time limit set forth in the contract, after due allowance for any extension or
extensions of time made in accordance with herein before set forth, the
CONTRACTOR shall be liable to the CITY, as liquidated damages and not as
penalty; in the amount stipulated therefore in the spe~cial conditions or in other
documents for each. and every e'alendar day that the'CONTRACTOR shall be in
defauit of completion.
or m collect such hquidated
3.3
practicable, after signarare; oS contract, notify
proposed for principal parts
~an
4.0
5.0
LIQUIDATED:DAMAGES
4.1 ~rther agrees to pay $250.00 per day as liquidated
(10) days of "Notice to Proceed"' or
~ work within 90 calendar days from the~ commencement
date to be,indicated in the written "Not~ce to Proceed".
PROTECTION OI~EXISIING FACILITIES
5.1
mitsa
continuous
prompt repairing of any damage
of th* work, or from insufficient support
backfilling~ tamping~ ,ramming, puddling and
and dispOsal of'all rubbish and surplus material; also
of all excaYations¢ incidental to the
the furnishing of all necessmy labor, tools, equipment,
and the performance, of ~ whole work mentioned in
to ~ve ~a :finished result, and
or' in consequence of: the: suspension or
a ~a~,,t~fut,~,i compliance with each and
contract and. for the maintenance of the entire
condition, and repair until final:acceptance.
C-4
5.2
6'.O
Th_e CONTRACTOR shall assume full responsibility and expense for the
protection of all public and private property, structures, water mains, sewers,
utilities, etc., bothabove and below ground, at or near the siteor sites of the work
o~
the CITY, its
or cause of
act
of
6.2
gelltS,
servaxHs
has
It is the
hall be
6.3
6.4
obligate
well
herein.
is .~eparate and
, ~lTligation.of th~ C0~ .~CTORit~o i3demnify~ .th, e CITY is not subject to
any:. '~o~. ~t¢ limitation or de~ as a reset of any msuranc~ proceeds avmlabl¢ to
¢ithe~ithe CITY orthe CONWRACTOR:
C-5
7.0 PAYMENT BY CITY
7.1
The CITY agrees to pay the CONTRACTOR in current funds for the performance
of the contract, subject to additions and deductions:as provided in the
specifieatious.
8.0 CHANGES IN TttE WORK
8.1
The CITY. without invalidating the Contract. ma.v order extra work or make
changes by al~tering, adding toot deducting from the work, the Contract sum
being adjusted accordingly. All such work sh~l be executed under the conditions
of the ori~ Contract.. Any ctaim for extension olstime caused thereby shall be
made in writing at the time such change is ordered.
8.2
Ali change'orders and adjustments shall be in writing and approved by the City
Manager'orCity Commission ifxequired, otherwise, no claim for extras will be
8.3
Th~
under th~ ~Ontract:
shall be apprised of, and
procedures governing extra work
8.3.1 Any change
b, recommended by the City Manager and
Commission before any steps are taken to
8.3.2
ShOU!d the CONTRAC~OR~or any oft~ subcontractors commence with
the work wtthou~ making: ~ claim m writing for unforeseen extra work he
encounters,, it will be ~la'ued as .an acceptance and agreement by him
that any SUch work is/Ted under the contract and no furore claim for
extras will be cousideredoi~ allowed by the CITY.
8.3.3 NO ~!aim for extra w,o,.~ ~will- be allowed unless and until authority for
Sam~by written Ct!ang~der has been obtained from the City Manager
or the City Cornm/ssio~ of Boynton Beach, if necessary, which
authorizatio~ wilt be sig~cf by the: Mayor.
8.3.4- work ~ted in writing by the CITY'S Representative
prO~ures shall become a part of the Contract by a
written Change Order.
8.3.5
Information regarding changes in the work involving claims to the CITY
for additional work,,~redits, and/or adjustments under the contract shall be
promptly transmitted in writing by the General CONTRACTOR to the
CITY'S Representative with full explanations and justifications for his
consideration in preparing a Change Order to the Contract.
C-6
8.4 The value of any change ordered under the Contract for extra work and/or any
reductions in work reqUired, shall be detetadned under one or mom of the
, ;'follo~ring procedures before,:~r~ritten:Chang¢,Order is,issued:
(15)
p~rcerlI
of
· each
of~
neceSSity and
system which
generally accepted
provide for the
allowable and
is Federally or State
is directed to the
phnciples which
· of costs under
8.4.3.4In, no case shall, ~gei~bec, gfit, e0~t~ or~ direct labor
C05~$ exceed
C-7
9.0
8.4.3.5 In no case shall the CONTRACTOR and Subcontractors' general
overhead and profit in the aggregate~exeeed fifteen (15)~ percent of
the total cost of direct tabor~ fringe benefits, direct overhead,
materi~s, supplies, .~equipment mid directly related services
supplied by him. Among the items considered as general overhead
are bonds, insurance, incidental job burdens, supervision and
general ot~ice expenses.
8.4.3.6 tn? nO ease shall the CONTRACTOR'S. COSt for administering
sub~ntraets exceed five (5) percent of the subcontractors' Cost not
including subcontractors' profit.
such as:power driven pumps,
and.-tmetor$~ or other equipmem, required
for the economical peffomaanco of the authorized work, the
CONTRACTOR shall receive payment based on the agreed rental
phce for e~l~:item.of equipment- and the aqtuaLfime of its use on
Book.; Company in the-
~!ipmem". Rate shall
be {
8.4.3.8 R~o~s Of extra w?k 4one shatl, be. ,reVi~wed~at the end of each
d~ by.,~tJI.~?C~CTOR ~ ~.~n, gi~eer,~ Such daily records
sh~ 0eaflydistha~sh betw~g: ~e:work'd~i~e under the contract
au~ ~at done m3der the Clmge:.~r: Duplicate copies of the
accepted dmly ~cords sh~[ .h~ m~ade, signed b the
CONTRACTOR and t_heiE~¢~r,~and;0ne c0p~retained by each.
8.5
Claim of payment ,for
certified
done.
writing, as aforesaid and
the work is completed. ~
be
work was
~ .ordered, in
PROJECT ENGINEER
9.1 The project engineer shall be ROBERT G. CURRIE PARTNERSHIP, INC.
9.2
The Engineer shall have general supervision and direction of the work. The
Engineer is the agent of the CITY only to the extent provided in the contract
documents and when in special instances he has the authority by CITY to act, and
in such instances he shall, upon request, show CONTRACTOR written authority.
He has authority to stop the work whenever such stoppage may be necessary to
insure the proper execution of the contract.
C-8
9.3 Asthe Engineer is, in the first instance, the interpreter of the conditions of the
contract and the judge of its performance, he shall side neither with CITY nor
...... ~ to enforce its
10.0 INSURANCE
11.0
IO:~F
10.3
11.1
the term of this contract commercial
the CITY,
insurance which
05)
to prevent {he
with his operations at fne
equipment shall be
of Boynton Beach,
~ther construction
by loud or
' in case of
:for one year from
c-9
12.0 TER. MI~_ A~ON OF CO~RACT
12.1
If the work to be performed under the contract is assigned by the coNTRACTOR
0~than provided for herein; if the CONTRACTOR should be adjudged as
bahkrupt~ if a general assignment of his assets be made for the ben~fit of his
creditors; ifa receiver should be appoi!~ted for the CONTRACTOR or any of his
prope~y; if at any time the Engineer shall certify in writing to the City Manager
that the performance of the work under the contract is berg unnecessarily dela,ved
or that the CON'rP,.ACTOR is willfully violating any of the conditions,
provisions,~ or coyenants of the Contract, plans .or speeifications,-or that he is
not in.aec0r'~e with the tcuus of
for its
~ be extended; or
upon t to terminate the contract for the CITY and
if the CONTRACTOR shall not, prior to the: effe_ ~c~vg ~date o£t~m, ?n~tion set,forth
in City Manager,
~ and the
work and cease
contract.
ossible:
12.1.1 ,.~ Co~Pl~te,th~pn ,tract m ~ce.~e w~ !/;s-!~s~and -eondit~ons, or
12.1.2 Obtain a bid Or bids for
though there
contract or
amount properly paid l~y
of
(eveH
the
paragraph)
of the
~ for
first
as used in this
~by CITY to
less the
C- I0
13.0
CONTRACT CO~iTROLS
15.1 The subject contract between the CITY and the CONTRACTOR shall supersede
and
of the
~arty, or delay
sole remedy
; allocated to
L or awarded to
by an act or
15:2
for an
waiver by
for completing
be made in
project manager and
C-Il
IN WIT_NESS WHEREOF, the CITY has caused these presents to be signed by its
Mayor, attested by the City Clerk with the Corporate Seal of the said CITY and the
CONTRACTOR has executed these presence the day and year herein before written.
Signed, sealed and wimessed
in the presence of:
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Approved as to Form:
City Clerk'
Signed, sealed and witnessed
in the presence of:
City Attorney
Contractor
President or the Vice President
Attest as to Contractor
c-12
State of Florida
County of Palm Beach
)
) SS: ~
Personally appeared before me duly authorized to administer oaths
to me known to be the persons described
herein and~wlm~ ~. executed:~th~e :f0~gging"~.mmmment and hav~e ~knowl~ged b~f0re'~me an~d~they
have executed same.
Notary Public
My Commission Expires:
11/15/96 nc
C- 13
Requested City Commission
Meetine Dates
[] March21, 2000
[] April 4, 2000
[] April 18, 2000
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned
in to City Clerk's Office
March 8, 2000 (5:00 p.rm)
March 22, 2000 (5:130 p.m.)
Apffi 5, 2000 (5:00 p.rm)
April 19, 2000 (5:00p.ro.)
Requested Cit~ Commission
Meefin~ Date~
[] May 16, 2000
[] June 6, 2000
[] June 20, 20~0
[~ July 5, 2000
DJ-CONSENT AGENDA
ITEM B.5
Date Final Forrn Must be Tuxned
~n to City Clerk'5 Office
May 3, 2000 (5:00 p.m.)
May 17, 2000 (5:00 p.m~)
June 7.2000 (5:00 p.m.)
June 21, 2000 (5:00 p.rrD
NATLrRE OF
AGENDA ITEM
[] Administrative [] Development Plans
[] ConsentAgenda [] New Business
[] Public Hearing [] Legal
[] Bids [] Unfinished Busmess
[] Announcement [] Presentatitm
RECOMMENDATION: Motion to award Bid #059-1412-00/KK, "PURCHASE OF STREET SIGNS, NEW
AND REPLACEMENT, SIGN ACCESSORIES AND PARTS" to various vendors for an estimated
annual expenditure of $20,000.
CONTRACT PERIOD: JUNE 21, 2000 TO JUNE 20, 2001
EXPLANATION: Nine proposals were received for Bid #059-1412-00fKR and computer tabulated on May 17, 2000.
Based on price, brand name, and vendor minimum shipping requirements, a multi award on a lot-by-lot basis to the
lowest, mOst responsive bidder is recommended. Additionally, four vendors are recommended for the discounts
offered when ordering items not Hsted in the bid. DominicDeManro, WarehouseManager~e0neursW~ththis
recommendation (see attached Memo). An Award Tabulation Sheet is attached stating the names and award amounts
of the various vendors.
PROGRAM IMPACT: The purpose of this bid was to seek prices for various Warehouse stocked items. These items
include new and replacement street signs of miscellaneous design, accessories, and parts related to signs used
throughout the City.
FISCAL I~PACT:
ACCOUNT NAME/NUMBER
WAREHOUSE STOCK
502-0000-141-01.00
~eput~ Director of~i~a~cial Services
ESTIMATED
ANNUAL EXPENDITURE
$ 20,000
Procurement Services
Department Name
City Attorney / Finance / Human Resources
S :~BULLETrbAFO RMS~AGENDA ITEM REQUEST FORM. DOC
cc: Dominic DeMauro, Warehouse Manager
File
CITY OF BOYNTON BEACH MEMORANDUM
FINANCE ADMINISTRATION
TO:. Bill Atkins
Deputy Director of Financial Services
FROM; Dominic DeMauro
' · "wa~house Manager
DATE:
SUBJECT:
May29,2000
Street Signs.andAccessories
Bidg~059-I412-00/KR
I have reviewed the tabulation sheet fi:om your office. I used the following factors in
determining this award: 1) price, 2) brand name, and 3) vendor minimum shipping. My
recommendation is the bid be multi-awarded on a lot by lot basis to the lowest, most
responsive bidder
Aluminum Blank Signs
Custom Products 1,2,3,5,6,7,8,9,11
Municipal Supply 4
Universal Sign 10,12
Pre-Printed Sign Fac~a
Municipal SupPly 13,!4
Signs and Blanks 15
Rocal 16,17,18,19,20,21,22,23
Pre-made Metal Signs
Vulcan Sign,q 24,25,26,27,28,29,30
Rolled Facia
Newman Signs
Sign Blanks
Nippon Carbide
31,32,33,34,35,37,39,41,42,43,44,45,46
36
38,40
Rolled Facia 2x50
Rocat 47,48
Newman Signs 49,50,51,52
Page Two
Street Signs
Post Brackets and Bolts
Universal Sign 53,54 -
Rocat 55,56,5 ~
Vulcan 58
Sign America 59,60,61,62
The following,vendors are also offering ~e ~gcoants for items not listed on thi~ ,bkk
Custom Products 5% ·:
Municipal Supply 20%
Nippon Carbide t 5%,
Universal Sign 25%
~i~L~AT~, ~'DEPUT¥~IR~'CTOR'"~F'~i~ANCI~SERVICES ~ ?
*LOWEST, MOST RESPONSIVE, RESPONSIBLE BIDDER
PURCHASE OF STREET SIGNS, NEW AND REPLACEMENT, SIGN ACCESSORIES AND PARTS
"Offers from the vendors listed herein ate the only offers
BID OPENING DATE', MAY 16, 2000 received timely as of the above receiving date and time.
BID OPENING TIME: 5:00 P.M. AIl other offers submitled in response to this solicitatior~.
1412-00/KR
VENDORS ;USTOM PRODUCT~ CORP. MUNICIPAL SUPPLY & SIGN CO. NEWMAN SIGNS, INC.
=.O. BOX 54091 P.O. BOX 1765 P,O. BOX t728
.~ACKSON, MS 39288 NAPLES, FL 34106-1765 JAMESTOWN, ND 58401
~,TTN: HAL PERKINS ATTN: SHERRY NOVICK ATTN: TIFFINEY SCHMIDT
S01) 932-5854 (800) 329-5366 , 701)252-1970
UNIT PRICE , UNI~ I~RICE . UN!T PRICE
1 ,.~ ~EC]FAN~.E BLANK ST. HOLE PUNCH $1.20 $1.24 No BID
2 48 RECTANGLE BLANK ST. HOLE PUNCH $2.25 $2.48 NO BID
3 96 FLAT BLADES BLANK NO HOLES $1.50 $1.§9 NO BID
4 48. ~LAI B~LAQ~ BLANJ~ NO HOLES _$2.25 $1,99 NO BID
5 36 FLAT BLADE BLANK NO HOLES $2.63 $2.89 NO BID
6 36 RECTANGLE BLANK ST. HOLE PUNCH $0.85 $0 85 NO BID
7 96 SQUARE BLANK ST. HOLE PUNCH $3.38 ~ $3.71 NO BID
8 48 RECTANGLE BLANK, ST HOLE PUNCH, $4.50 , $4.95 NO BID
9 36 OlAMOND BLANK ST. HOLE PUNCH $6.00 r $6,60 NO BID
10 48 OCTAGON BLANK ST. HQLE PUNCH . $5.90 . $5.95 NO BID
11 ~6 SQUAREBI~ANK ST HOLE PUNCH, $9,38 $9,95 NO BID
.36, OCTAGON BLANK$~T, HOLE PUNCH . , $9.06 , $8,95 , NO BID
13 36 STOP pRESSURE SENSITIVE , $J~,3_2 , $t0.96 $13,00
. $19.50
14 12 STOP PR~ESSURE, SENSITIVE $19.25 $17.13
15 , 12 4 WAY PRESSURE SENSITIVE , $3.00 $1,75 $3.00
16 ~24_~ ~p_EEp_L!M T?F~E,SS~URE SENSITIVE $9.60 $9,45 $10.90
17 12 DO NOT ENTER PRESSURE SENSITIVE $20.00 $18.44 $19.50
18 ' 1;~ NO TRUCKS PRESS_..U~ES,E~ISITIVE $9.60 $9.45 $'14,50
19 12 ONE WAY PRESSURE SENSITIVE $9.60 $9.45 $10.90
20 24 PAR,K!,NG BY DISABL. ED PERMIT $5.94 $5.93 NO BID
21 6 NOTRUCK SYMBOL PRESS. SENSITIVEr $1~4.08$~3=60 ' $14.50
22 6 NO LEFT TURN PRESSURE SENSITIVE $'14.08 $13.80 $t4.50
23 6 NO RIGHT TURN PRESSURE SENSITIVE $14.08 $13.80 $14,50
PURCHASEOF STREET SIGNS, NEW AND REPLACEMENT, SIGN ACCESSORIES AND PARTS
"Offers from the vendors listed herein are the only offers
BID OPENING DATE: MAY 16, 2000 received t{mely as of the above receiving Qate a.d finle
BID OPENING TIME: 5:00 P.~ All other offers submilted In resDonse to this solicitation
' CUSTOM PRODUCTS CORP. MUNICIPAL SUPPI~Y & SIGN CO. ! NEWMAN SIGNS, INC.
'ENDORS
P.O. BOX 54091 P.o, Box 1765 ' -
' P.O. BOX 1728
JACKSON MS 39288- ' NAPLES, FL 34'108~~ ' JAMESTOWN, ND 58401
ATTN: HAL PERKINS ATTN: SHERRY NOVICK ATTN TIFFINEY SCHMIDT
26 lg ~.SERVED_PA~ING(R-7-8) ,$4.95 $4,7~ $~00
27 ~2 NQT, A ~HRQUGH~STREET (W-J 4~ ~ A)~ $~ ~ ~O $~2:6~ .... $1~0b
32 2 RED HIGHNTENS~ . $81Q,00 ~0 ' ' $7~0.00
~3 2 ~ELLOW HIGH INk. SlaY m $8~0 $7g~00 $~50 O0
35 2 ~N~EHm~,JNT~NS ~,, - ,,00.0o ~,~ - $7~0,00
36 2 'BLK ENG NEER NG GRADE PRESS SENS NQB~. ~
~'~' ~8 2 ~b ENGINE~RIR~ G~DE ~'~-E-~s~, '~8~.00 " ' 7 ..... ~5'J~0 · ~ $270.00
39 4 ELECTRO CUT FILM 7725-10 .. NO.BID . , $299,00 $240:00
40 2 ELECTRO CUT EJLM.~725-12 .. . NO BID ...... $~99.~0 ' $2~0.00
4t 3 ELECTRO CUT FILM 7725-114 . NO BID . $3~5,~0 $240.00
4 ' NO BID $3~5;00 $280.00
2 1 ELECTRO CUT FILM 7725-29 . , .
43 .... ~ E~C~RO CUT FILM 7725;96 NO BID $305.00 $280.00
44 2 ELECTRO CUT FILM 7725-15 ~O BIp $305.00 $280.00
~ 45 ,~ 4 ELECTRO CUT FILM 3650-23 NO..BID $355.00 $280.00
46 4 ELECTRO CUT FILM 7725-17 NO BID , $305.00 $280.00
PURCHASE OF STREET SIGNS, NEW AND REPLACEMENT, SIGN ACCESSORIES AND PARTS
"O~fe~s from the v~dors lis{ed
BID OPENING DATE: MAY 16, 2000- ..-~e~.ceive-djl~l~l~'~l~'A§~ve rebelving dare,ha time.
BID'OPENING TIME: 5:00 P.M AI~ b~he~rs ~b~t~i~ ~s~onse to (his~s~Aitati~,
BID ~059-1412-00/KR a~ ~at~:;
VENDORS ....... ~: '- .... ~' OTJ"~'OM P~D~r~CORP. ' ~ ~lPAE'~?~ CO, ' ~ N~WM~N sIGNS~;:IN~,
ATTN ~P~8 ATTN: SHERRY'NOVICK A~TN: TIFFINEY'gC~MIDT
N~
NUMBER OF BID PROPOSALS SUBMII I bU ~ . - .... ' ~Z.' ' :' '~2 ' , , ..~6
ANTI-K CKBACK AFFIDAV T SUBMITTED "~E~'¢' - ' ~ .... YES yES
CONFIRMATION OF MINORI~ OWNED BUSINESS
SUBMITTED YES/NOT YES/NOT YES/NOT
YES YES *YES
PURCHASE OF STREET SIGNS, NEW AND REPLACEMENT, SIGN ACCESSORIES AND PARTS
"Offers from the vendars listed here~n a~e ~i~e onty offers
BID oPENING DATE: MAY 16, 2000 received timely as of the above receivir,g date and time.
BID OPENING TIME: 5:00 P.M. All other offers submifled in resoonse to this solicitation.
~'ENDOR$ CU~;TOM PRODUCTS CORP. MUNICIPAL SUPPLY & SIGN CO, NEWMAN SIGNS, INC.
=.O. BOX 54091 P.O, BOX 1765 P.O. BOX 1728
JACKSON, MS 39288 ' NAPEES, F/34106-1~765 JAMESTOWN, ND 58401
ATTN: HAL PERKINS ATTN: SHERRY NOVICK ATTN T FFINE¥ SCHMIDT
(60t) 932-5{~54 , (800) 329-5366 (701 ) 252-1970
COMMENTS: ~FORM NOT NOTAR ZED *NOTATION · ~ ~ ~ *UNSIGNED
PURCHASE OF STREET SIGNS, NEW AND REPLACEMENT, SIGN ACCESSORIES AND PARTS
"Offers from the vendors listed herein are the only offers
BID OPENING DATE: MAY 16. 2000 received timely as of the above receiving date and time.
BID OPENING TIME: 5:00 P.M. ~llotheroffers sUbmitledin resoonseto this solicitation.
BID #059-1412-00/KR .~cted as late."
VENDORS NIPPON CARBIbE I~IDUSTRIES, INC. ;~OCAL iNC. SIGNING AMERICA
3136 EAST VICTORIA STREET =.O. BOX 640 5700 COLUMBIA CTRCLE
I RANCHO DO~INGUEZ, CA 9022t :RANKFORT OHIO 45628 WEST PALM BEACH, FL 33407
~,TTN: EUSA ECHEVARRIA ~,TTN: DAV D LIGHTLE ATTN: PETER LEHMAN
~310) 632-7500
~ ~ 740) 998~2122 (561) ~2-3465 888-656-3465
ITEM~ Q~ - DESCRIPTION , ~ .... O~i~E - U~i~ ~~ uNiTPRICE
2 48 ~ECTANGLE-BLANK ST. HOLE PUNCH NO BID $2,63 $3.~2
3 g6 :LAT B~DES BLANK NO HOLES NO BID $1,75 $2,08
4 48 F~T BLADE BLANK NO HOLES NO BID $2.63 ~.12
5 36 FLAT BLADE BLANK NO HOLES NO BID $3.06 $3,64
6 36 RECTANGLE BLANK ST HOLE PUNCH NO BID $0.90 '$~.04
7 g6 SQUARE B~NK ST. HOLE PUNCH NO BID $3r94 ' $~.68
8 48 RECTANGLE B~NK ST. HOLE PUNCH ' NO BID ~5 ~ $6~4
9 36 blA~ONDB~NK'~T. HOLE PUNCH , N~ BID ..........................~7.00' , ~ ," $8.~2
10 48 OCTAGON BLANK ST, HOLE PUNCH NO BiD $6,64 $~8.46
11 36 SQUARE BLANK ST. HOLE PUNCH NO BID $1~94 ' $13.0~
12 36 OCTAGON BLANK ST. HOLE PUNCH N0 B D ,~;~ _ , $13.01
.... : -:~% ~, ~12- $~OP-PRESSURESENSI~IVE .................... :/'?" '~ '~:B~G/ ......... ;'~: ~?~' ~''7~'~ ~: ~;~i~ ~'-~'; ": .... -':~ '~ '~;, '~?~0 63
15 ~2'4~:~YPRESSORE~ENSTIVE ' N~BO' ','~.: ~ ~- ~!,~0 :. $~,~5
17 :~2 60 '~ p~E~'~O~E~N~ITiVE ~bBID' ' "' '$~'~,?~ ' ; ~ *$~O62
4 PARKING BY DISABLED PERMIT NOBID $4~6 ~$735
2~ -6 NO TRUCK-S~MBOL PREss.,SENSITIVE
~O*~ib ~11.56 ' $21.56
22 6 NO LEFT TURN 'PRESSURE SENSITIVE NO BI~ : $11,56 - $2~.56
23 6 ~OR1GHT~TU~N'PR~UREsENSITIVE ~ , $~'~,56 $21.56
PURCHASE OF STREET, $1GNS~ NEW AND REPLACEMENT, SIGN ACCESSORIES AND PARTS
BID OPENING DATE: MAY 16, 2000 received timely as of the above receiving date and til~le.
BID OPENING TIME: 5:00 P,M. ~,~o_her offers submit edin response to this sqlicitatlon.
VENDORS I ~ItPPON CARBIDE INDUSTRIES, INC. ROCAL INC. SIGNING AMERICA
3136 EAST V CTORIA STREET P.O. BOX 640 5700 COLUMBIA cIRCLE
RANCHO DOMINGUEZ, CA 90221 FRANKFORT OHIO 45628 , WEST PAEM BEACH~FL 33407
ATTN: ELiSA ECHE~A~iA ATTN: DAVID LIGHTLE ATTN: PETER LERMAN
............... , ....... ;.- ..... i [310) 632~7~00 ,(7~0) 998-2!22 ' ~ (561) ~2-3465; 88~56:3465
~ $4,48
.24 .~ NO PA~ NGANYTIME (R7-~) NOBID *$g.00
25 ~ DEAD END (W-14-1) . NO BID $1~.96 , $21.00
_ 26 .~ RESERVED PARKING (R-7-8) ~ NOBID ~$4;~4~ $9.00
27 1[. NO~ A.~HRQUGH STREET (~14-1A) ' NO BID $11,96 $2'1,00
29 IZ ~EIGaT,LIMI~(E~2~5~ ..... , _ NO BiD ~1:~ $2~.00
~ ~nllTl~-~12~ NO B D $ 1. 6 $21~00
31 2 BLUE HIGH INTENSI~ $~86 00 ~77~ $95~'b0
.32 2 ~.~DHIGH. IN[ENSI~ $~6.00 $77~,00 $957 QO
33 2 YELLOW HIGH INTENSI~ $~86.00 $777,00 $957.00
34 ,2 .~EEN HIGH]N~ENSITY~ ',, .~ $786.00 $777.00 , $95~ O0
35 2 3RA~GE,HIGH INTEN81~ . $786.00 $~.77,00 $957,00
. 36 2 BLE ~G NEERING GEADE PRESS, SEN~ NO BID $262,00 , $354.00
$249,00
38 2 ~ED ~EERING,G~DE PRESS~ SENS $285.00 ' $354.00
' $278:92
,~. ~9~ ~ EL~CTEO CUT EIL~ ~72~10 NO BID $247.00 ,,
..... 4~ .... ~ ~ECTRQ CUT FILM 7725-12 $~8g.00 $2~00 ~ ~- , $278;92
41 ' 3 ELECT~QCUTELM7725-114 : ' NOBiD ~, :~47J00 ; '. $2~8,92
42 ' 1 ELECTR~ CUT FILM 7725-29 . N'OB[D ' $288,00 , ~ · $324.32
43 3 ELECTRO CUT FILM 7725-96 NO BID $288.00 $324,32
44 , Z ELECTRO,CUT FILM 7725-15 .... NOB D ' $288 00 $324.32
45 4 ELECTRO CUT FILM 3650-23 NO BID $288,00 $324.32
46 4 ELECTRO CUT FILM 7725-17 - NQBID $288.00 $324.32
PURCHASE OF STREETSIGNS, NEW AND REPLACEMENT, SIGN ACCESSORIES AND PARTS
, O~ers from the vendors |[sted herein are the only offem
BID OPENING DATE: MAY 16. 2000 received timely as oflh~ebovemceivlng dale~nd lime.
ID OPF~N~NG TIME! 500 P.M, -All other offers submitted in msl)onse lc, this solicitation.
BID #059-1412-~00/Ki~
' - - '' ' ' ~i~"~b~ A'"~2~1- ..... ~R~KFO~RT,~ ' ~'~ ~"O~O'4~ ............ ~"~ WEST :''~ .... PALM 'B~CH,~";' ~L 33407
62 24 ANODIZED~LUM NUMWASHER (100)
~ - '-' NO'BID- - ' ..........,,~ · ~0;95
DISCOUNT OFF OF LIST PRICE
3ALENDAR DAYS ""~ ': '- ' ~'' ''~ - ' ~. '
~IdDER ACKNbWLED~EMENT
NUMBERO~'BIDPROPO~L~ SUBMITTED .............. ~'~" ......... "' 62 . 62
ANTI-KICKBACK AFFIDAVIT SUBMIT I ~g
CONFIRMATION OF MINORI~ OWNED BUSINESS ...................................... YES YES
SUBMITTED YES/NOT YES/NOT YES/NOT
SUBMITTED YES YES YES
PURCHASE OF STREET SIGNS, NEW AND REPLACEMENT, SIGN ACCESSORIES AND PARTS
"Offers from the vendors listed h(~rein are {he o~lyoffers
BIDOPENING DATE:_MAY_16, 2000 , receJvec[ljmely~s_o)~lh~ above receiving date andtime. _ _ .
BID OPENING TIM E: 5:00 P.M. All other offers submiffed in response t¢ this solicitation.
VENDORS ~I!PPON CARBIDE INDUSTR ES INC. ROCAL INC. SIGN~NGAMERICA
- 3t36 EAST VICTORIA STREET P.O, BOX 640 5700 COLUMBIA CIRCLE
· RAIn'H0 DoMINGUEZ, CA 90221 FRANKFORT, OHIO 45628 WEST PALM BEACH; FL 33407 I
~TTN: EUSAECHEVARRIA ATTN: DAVID LIGHTLE ATTN PETER LERMAN
310) 632-7500 ',740) 998-2122 , (56't) 842-3465; 88~-656-3465
COMMENTS: *NOTATION NOTATIONS
R LETTER, QUANT TY REQUiREM NTS
COVE WARRANTY/ I E
· PRODUCT INFORMATION AND
PRICE LIST ARE ENCLOSED ·
PURCHASE OF STREET SIGNS, NEW AND REPLACEMENT, SIGN ACCESSORIES AND PARTS
"Offers from the vendors listed herein are the only offers
BID OPENING DATE: MAY 16, 2000 received timely as of the above receiving ciate and tinte,
BID OPENING TIME: 5:00 P.M. All other offers submiffed i. response to this solicitation.
BID #059-1412-00/KR any, are hereE
VENDORS SIGNS AND BLANKS, INC. UNIVERSAL SIGNS & ACCES. VULCAN SIGNS
P.O. BOX 2234 2912 ORANGE AVENUE P.O. BOX 1950
AKRON, OH 44309*2234 .~T. PIERCE, FL 34947 FOLEy, AL 36536-1850
ATTN: ROBERT M. PETERS III ATI'N: PETE WELLS ~.TTN: ERICK CROSBY
330) 630-0773 (800) 432-0331 ~00) 633-6845
ITEM# IQTY DESCRIPTION I UNIT PRICE
2 48 RECTANGLE BLANK ST. HOLE PUNCH $2.79 .$~ A2 $2.81
3 96 FLAT B~DES BLANK N0 HOLES $2.20 $1,62 $1.96
4 48 FLAT BLADE BLANK NO HOLES $3.30 ~ _ ~2~42 $2~85
5 36 FLAT BLADE BLANK NO HOLES $3.85 $2.84 $3.~1
6 36 RECTANGLE BLANK ST. HOLE PUNCH $1.10 $0~97 $1.22
7 96 SQUARE BLANK ST, HOLE PUNCH $4.~8 $~ 62 $~,08
8 48 RECTANGLE BLANK ST. HOLE PUNCH $5.58 $4.74
~-' .... 36"' ~A~O ~D~'B ~h~ 'ST;~O~O~ ~'~' ........................ '~7~4~ ................. ~28 ' $7~.i'~
10 48 OCTAGON BLANK ST. HOLE PUNCH ' $7,44 $5 60 $6.46
11 36 SQOAREBLANE~ST. HoLE PUNCH $11.62 $9.70 $t~.04
~ 12 ~ 36 OCTAGON B[ANK ST. HOLEPUNCH ; ' . '
~TOP PRESSURE SENS T ~E :~E~ 13 ..... ~247~
15 ' 1'~ 4WAYPRESSURESENSTVE ~ ' '~4R -'~'~
16 ~4 SPEED LIMIT PRESSURESENS T VE ~-';~ · $8~0' ' ....... ~ ~h
D~ NOT ENTER PRESSURE SENS T VE .......... $18 13 * ~ (d~ ~ ~ '
~,~ ~ ~ooum~ O~OH~V~ 5915. $11 ,70 '
":"20" ~"~ ~RKNG~Y~[S"ABEED~ER~iT ......... ~ ":~' ': '~4~'~''~ " ' $~'.85 $4~37
, / . ..... . _ ~ $15,60
23 6 N~~'PRESSUR~S~I~IV~' ~;~ ~, -~ '$~6~ $12.~4
P~RCHASE.OF~ STREETSIGNS, NEW AND-REPLACEMENT, SIGN ACCESSORIES AND PARTS
"Offers frem lhe vendors listed herein are the only offers
BID OPENING DATE: MAY 16, 2000 received timely as of the above receiving date and time.
BID OPENING TIME: 5:00 P.M. A, other offers submitled ir~ response to this solicitation.
late."
VENDORS S GNS AND BLANKS NC JN VERSAL SIGNS & ACCES. VULCAN SIGNS
P.O. BOX 2234 ~912 ORANGE AVENUE P.0. BOX 1850 ;t
AKRON, OH 44309-2234 =T. PIERCE, FL 34947 FOLEY, AL 36536~1850
ATTN: ROBERT M, PETERS Iit ~,TTN PETE WELLS ' ATTN ER cK cROSBY
24 18~ NO PARKING.ANYT ME (R7-1) . $4.35
25 18 DEAD END (W-14-1) $11,60 $11.80 $t~;i .52
-.,.26 .... -12~,R E~ F.r.'~V E D. ;~AI~ FJ ~G~ (Ig~7~.8.) ............. $~-;5~. , $4.45 $4,32
27 I~!., ~IO, TA ~EII~OUGEI S~F/EET.(~VYr1~4~-IA) ,4 $11,6O , $11,80 $:11,52
$~4.40
3~ 2 ~LUE BIGHINTENSI~ $780 ~0 " ' $1~.~ - $780.00
32 2' REDHIGH INTENSI~ $780.00 $1;e35,0o ..... $~80~0o
33 _ 2 %ELLQ~HIG,H N~ENS T% $780,00 $1,035,00 $780,00
34 2 GREEN H GH NTENSI~,, $~8~.00 ~ $J,035~00 $780.00
35 2 0~NGE ~IGH [NTENS ~ $~Q,~0 - $~;065,00 $780,00
36 ~ ~ , ~LK ENG NEER NG GRADE PRESS SEN~ $~1~6 68 $~3~4.00 $~9~00
38 2_~ ~ED E~. ~EEB ~G G~OE PRESS. SENS~ , $270 O0 , '- $345,00 ' $291.00
39 4 ELECTRO CUT F LM ~725-10
40 2 ELECTRO OUT FILM7725-12 $216.75 $267.00 $318.39
41 3 ELECTRO CUT FILM 7725-114 $360.00 $267 00 ' $3~8.39
. .42 ' 1 ELECTRO CUT ELM 7725,29 $360.00 $300.00 $318.39
43 . 3.: :1F~RO CU~ FILM 7725r96 $~6~.00 $300.00 $3~8.39
44 , 2 ELECTRO CU~ FILM 7725-15 $360,00 $300.00 $318.39
45 4 ELECTRO CUT FILM 3650-23 $360.00 $300.00 $318.39
46 4 ELECTRO CUT FILM 7725-17 $360,00 $300.00 $3~8.39
PURCHASE OF STREET SIGNS, NEW AND REPLACEMENT, SIGN ACCESSORIES AND PARTS
"Offers from the vehd6rs listed herein are the only
BID OPENING DATE: MAY 15, 2000 "eceived il~nely as dj ~1~:~ ~v-e'receiving date and
BID OPENING TIME: 5:00 P.M. AIl other offers subn:~itt~('Ji~esp~nse to this sqlicitation,
Bi D-#05 g. ~ 12:0-07~ff-:~ ..............
V~NDORS ~ "' -: '--
~800) 432-0~3J
.... ~ o ..... ~ - ~, $ 28;15~CASE
CALENDAR DAY8
BiD~EA A~KNOWLEDGEMENT
YE
_~]. S , YES YES
NU~ER OF BID PROPOSAES SUBMITTED
~ ~ ~ 62 62
A~TI-KICKBACK AFFIDAVIT 8UBM~ J ~ bu
CONFIRMATION OF MINORI~ OWNED BUSINESS
SUBMITTED YES/NOT NO NO
~UBMtTTED YES YE8 YES
PURCHASE OF STREET:S_IG_N,_.S_, NEW ANDvREPLACEMENT~ SIGN ACCESSORIES AND PARTS
"Offers from the vendors listed herein are the only offers
E~ID OPENING DATE: MAY 16. 2000 received timely as of the above receiving date end time.
E31D OPENING TIME: 5:00 P.M Al ~lher o~e~ra s~b0~itted in response to this solicitation
VENDORs ~-'~ ---" ..... $ GNS AND BLANKS INC. JN VERSAL SIGNS & ACCES. VULCAN SIGNS
~ ~ ~ P.o.~ox~2~ ~,o~r~ ~v~u~'- ~.~ox ~0
": ;'-:~" '' A~N ~BERT:M PETERSIIt ~: PE~WE~[S ATTN: ERICKCROSBY
COMMENTS: ' ' - ~oTATIONS NOTATIONS C~SE NOTATION
PRODUCT INFORMATION
ENCLOSED
PURCHASE OF STREET SIGNS AND ACCESSORIES FOR NEW, REPAIR(S) AND REPLACEMENTS
BID #059-1412-00/KR
AWARDED VENDOR TABULATION SHEET
J ND~ ~ :, ¥ .' ~ UNiT COST
"- ~.~ - -'-~ ~6~' NK-~T~ HO'EE P~NCH ' CUSTOM PRODUCTS CORP. $~.20
~ '~ ~" ~OT~LEB~N~. ~E - '~O~ ~E~0CTs~C~RP $2.25
~ '~' ~=~ ~[~AT ~ B[A~ NO HOLE9 MUNICIPAL SO~Ly & S GN
8 ' ~ ~'~'[~'~;[~'~'~; ~0[~'~NCH U TOM PRODOCTS CORP.
~ ~d~ e-v-v~RESSUR~SBNSI~I~ - :-~ ~- ?"~GN I~7;:~'~';:;''
- '~ .... ~" ~r~T:Ei~%{~:I:I~'~EE.:~i-: ': ' ~ VULO~N'Si~
PURCHASE OF STREET' SIGNS AND ACCESSORIES FOR NEW, REPAIR(S) AND REPLACEMENTS
BID #059-1412-00/KR
AWARDED VENDOR TABULATION SHEET
;~1 2 BLUE HIGH NTENSlT¥ I NEWMAN SIGNS, I'NC. I $750.00
32 2 F~ED H GHJN~ENSI~TY .. ~___ NEW~AN SlGI'~]~i~C, i $750.60
33 2 Y,.~,.ELLoW H GH NTENS TY ,,, NEWMAN S GNS INC. $750.00
34 2 GF[EEN, HIGH. INTENSITY~ NEWMAN SIGNS, INC,~ $750.00
35 2 ORANGE H GH INTENSITY NEWMAN SIGNS, NC -- $750.00
36. 2 BLACK ENGINEERING GIP~ADE SIGNS & BLANKS, IN(;. $2t6.68
37. , 4 WH TE H GH INTENS, I~ ' NEWMAN SIGNS NC $750.00
38 2 RED ENGINEER NG GRADE N PPON CARBIDE!NDUSTRIES, $249.00
39 4 I~LECTRO CUT FILM ~72§~10 NEWMAN S GNS INC. $240.00
40 2 ELECTRO CUT FILM 7725-12 N PpON GARB DE NDUSTR ES " . , $189~00
41 , 3. ELEGTROCUTFLM7725-114 ' NEWMANS~NS NC. ~240,00
42 1 ELECTRO CUT FILM 7725-29 ,NEWMAN SIGNS, lNG. , $280.00
43 3 -'~LECTRO CUT FILM 7725-96 ~ NEWMAN S G~NS, INC. $280,00
-44. 2. ELECTRO CUT EILM 77;~5-15. NEWMAN SIGHS, lNG. $280.00
45 - 4 ELE(~TRO,CU;'FFLM,3,6~50-23 NEWMAN.SiGNS, NC. $280.00
~.6 4. ELECTRO CUT FILM 77~5,17` NEWMAN~S~IGNS, lNG , $280,00
4~ 2 ELECTRO CUT F LM 7725-10 r ROCAL INC. $22;72
48 2 ELECTRO CUT FILM 7725-11 ,.E.OCAL lNG $26.40
49 '~ 6 ELECTROCUT FILM 7725-12 NEWMAN SIGNS~INC, $25.50
50 2 ELECTRO CUT FILM 7725-t3 NEWMAN SIGN~, I~, , , $25.50
51 4 ELECTRO CUT FILM 7725-14 NEWMAN SJGNS,,I~IC,., $25.50
; 4 -E!~EC%RO-CUT- F LM 7.72,5-15 , i ~ NEWMAN S GNS lNG I $25'50
~4 ,.; ~A8~ ~I~).J:-T,.2#~ALV~L-CHANN~EL POS-TS _ _ UNIVERSAL SJGNS &A~CES. $9,00
§~ 96 90 DEGREES CAP,-EXTRIDED U-CHANNEL ROCAL INc. ,' $2,83
' $2.83
56 9~ 90 DEGREES CAP FLAT, U-CHANNEL POS; ROcAL iNC.
57 96. CROSS P ECE ........ , ROCAL INC. $2.23
58 96 SIGN MOUNT BRACKETVSC CLAMP . VULCAN SIGNS $0 75
59 24 ANODIZED ALUMINUM BOLT {100) , S GNING AMERICA $6.93
60 24._ ANQDJZED.ALUMINL[M BOLT {100} SIGNING AMERICA $4,80
61 24 ANODIZED ALUM NUM NUT (100) SIGNING AMERICA $1.11
62 .24 AN(~D ZED ALUM HUM WASHER (100) SIGNING AMER CA $0.95
Requested City Commission
Meetine Dates
[] March 21, 2000
[] April 4, 2000
[] ^~ is, 2000
[] May 2. 2000
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
April 5, 2000 (5:00 p.m.)
Apffi 19,2000 (5:00p.rm)
Requested Ci[y Commission
Meefin~ Dates
[] May 16, 20~)
[] June 6, 2000
[] Juu¢ 20, 2000
[] July 5, 2000
IV-CONSENT
ITEM B.6
Date Final Form Must be Turned
in to City Clerk's Office
May 3, 2000 (5:00 p.m.)
May 17, 2000 (5:00 p.m.)
June 7, 2000 (5:00 p~m.)
June 2L 2000 (5:00 p.m.)
NATURE OF
AGENDA ITEM
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
~ Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
RECOMMENDATION: A motion to extend the "ANN~AL SUPPLY OF REMOTE TOUCHREAD/METER
SYSTEM", Bidg089-2821-99/CJD, to SENSUS TECHNOLOGIES, INC., foran additional year for an
estimated annual expenditure of: $400,000.00.
CONTRACT PERIOD:AUGUST 16, 2000 TO AUGUST 15, 200! NEW BID#:072-2821-00/CJD
EXPLANATION: We have been piggy-backing the bid with Seacoast Utilities (Palm Beach Gardens) for Sensus
brand water meters. At the Commission meeting of August 3, 1999, this bid was extended to Sensns Technolgies, Inc.
of Norcross, GA. For the past (12) months this company has provided us with this service in a satisfactory manner.
According to the Terms and Conditions of this bid, we have the option to renew this bid and extend prices for an
additional (12) months as tins is a (5) year contract and may be renewed annually for an additional (2) years. The
current bid will expire August 16, 2000. However, we have the option to renew for an additional year under the same
Terms,. Conditions, and price, providing all parties agree. See attached memo g00-106 from Bob Kenyon, Deputy
Director of Uffiities.
PROGRAM IMPACT: The purpose of this bid is to establish an annual fixed price for the purchase of
Remotefrouchread radio read meters used by the Utilities Department for new installations and as part of the
improvements included in our water main replacement programs.
FISCAL IMPACT: 405-5000-590.96-02
401-2810-536.52-30
40t-2810-536.63-12
ESTIMATED ANNUAL EXPENDITURE:
Deputy D/rector of Financial Services
R & R WATER
WATER METER SUPPLIES
WATER METERS
$400,000.00~ Signaune
Procurement Services
Department Name
City Attorney / Finance / Human Resources
S:~LETrN~ORMS~GENDA I~M ~QUEST FORM.DOC
Distribution: BoB Kenyon - Deputy Director/Utilities File
Barb Conboy - Procurement Specialist
TO:
FROM:
MEMORANDUM
UTILITIES DEPARTMENT 00~1~06
: . Bill AtlGns,..
Purchasing Department
Deputy. Direct6~ (j
DATE: May lg, 2000
SUBJECT:
Renewal of Water Meter Contract
Piggy Backing Seacoast Utilities Bid/SensusWater Meters
Agenda Item
On August 3~ i~9~ the Comrmssion approved a third year 0f piggy backing the bid with
Seacoast Utilities. fPa!in Beth Gardens) for Sensus brand water meters, which this
Utility is standa~Zlng.: This is a five-year contract, which originated April 24, 1997 and
may be renewedannually after 2002.
The Utility hasapprox~ately 30,000 meters in service, of which 9,000 have been
changed to SenS~ ~dring the last three years, TYPically, meters have a ten-year life and
are changed in our ongoing replacement program. These meters are also being purchased
for gew installations:and as part of the improvements included in our water main
replacement programs.
We recommend~ Commission continue "piggy backing" the existing Seacoast Utility
bidior wafer m~t.~rs~I We expect tO purchase appr0ximately3,200 meters and accessories
for these proje~ ~u~i~'ng the next twelve months for an anticipated expenditure of
$400~000..Theselmetemwili be touch type~an~ radios reads, decreasing our read times by
well over 50% ~all installations. Funds are available for these meters in accounts 405-
5000-590.96-02 WTR054, 405-5000-590.96-02 WTR060, 401-2810-536.52-30, and 401-
2 810-536.63-12. ~
Please submit ~s request to the City Commission to continue this bid with Sensus
Technologies for water meters.
/acl
bc: Bob Kenyon
cc: Barb Conboy
Dora Formanek
Les Sarkkinen
File
gCNSUS
6621 Bay Circle
Suite 160
Norcross, GA 3007!
(770) 447-4750
FAX ('/70) 447-1391
June 5, 'i ~8
Mr. Robert L Kenyon
Deputy Utility Director
City of B0ynton
5469 West
Boynton Beach, FL 33437
BEACH
UTiLITiES
SUBJECT: REMOTE METER PRICING [ TOUCHREAD PIT/LID )
Dear Mr. Kenyon,
Sensus Technologies, Inc., is pleased to offer the City of Boynton Beach the opportunity to
purchase the above referenced meters from the Seacoast Utility Authority contract Bid
Number 97-174-W. The_oJ:Jghlal_b~ date wa~. The contract pricing will remain
firm for five (5) years from that date, with a option to renew for an additional five (5)
years, and will give your Utility the opportunity to exact a meter change-out program
without the worry of cost increases.
To obtain an official copy of the meter contract, please contact Seacoast Utility Authority at
561-627-2900. For your review, i am listing 5/8" - 2" pdcing belows.
5/8" x 3/4" SR TR/PL METER
LESS CONNECTIONS
$ 80.31 $ 3.00 $ 77.31
1" SR TR/PL METER
LESS CONNECTIONS
1%" SR TR/PL METER
LESS CONNECTIONS
$121.05
$ 248.4~
$ 6.00 $115.05
$12.00 $ 236.41
2" SR TPJPL METER
LESS CONNECTIONS
$ 322.2~
$ 20.00 $ 302.21
If you choose to use our Model SR II meters on the 5/8" - 1" size meters, you will be eligible
to purchase the 5/8" meter for $ 78.21 ea., and the 1" for $117.80 ea.
Ao
Bo
SPECIFIC REQUIREMENTS
COLD WATER METERS
The s01e purpose and intent of this' Invitation for Bid is to obtain firm prices
and io establish an annual price agreement for the purchase of cold water
'meters, as iequested by Owner.
II.
GENERAL
A. Prices are requested on the following .type meters:
Magnetic drive, sealed register, positive displacement type in sizes
5/8~x 3/4% 1% 1-1/2" and 2." that comply with the latest edition of
AWWA Standard C'700-95.
register, high performance, magnetic drive, compound type in
~ the htest edition of AWWA
In addition, Bidders shall' also provide the following:
1. Salvage value and guaranteed cost of repair for each meter listed on
bid proposal page.
2. For Positive Displacement Meters:
a. Cost of meter with remote encoder register as an add-on for
complete meter.
b. Cost of remote encoder register only as a retrofit.
Meter maintenance plan stating terms and conditions of
warranty. This plan must be.the standard program offered by
· the manufacturer tO all utilities on a routine basis
For Compound Meters:
a. Cost of remote encoder register (with cable) as an add-on for
the complete meter.
D-1
TO:
FROM:
DATE:
RE:
SEACOAST UTIT,ITY AWrHORI~ ~a~
· .ENGINEERING/OPERATIONS DMSION
MEMORANDUM
Rim Bishop
Wflbert Stewart
May 7, 1997
ANNUAL CONTRACT FOR SUPPLY OF COLD WATER METERS
Bids were opened for subject referenced above on April 24, 1997, the sole
Bidder was Sensus Tectniologies (see attachment). This bid is for a
contract t/me of 5 years, ali meter prices on the attachment shall remain
firm for the length of the contract.
It is our recommendation that we ask ~he Authority Board to award the
contract to supply cold water meters to Sensus Technologies.
attach ment
cc:. B. Gregg
P~ Kellar
SEACOAST UTILITY AUTHORITY
BIDDER s~,~sus Techno log~.e$
PROJECT Cold Water Meters
BY: Randy Kellar
BID NO: 97-174~W ,~
......... LO% ~1
BID OPENING DATE ^~tr~ .24, 1997
POSITi~:i~ 0i~SPLAC[~MEN~METERS
AMOUNT
5/8 X 3/4 POSITIVE DISPLACEMENT METERS 30,75
POSITIVE DISI LACLMEN I METERS 72.80
I liT'
POSITIVIi DISPLACEMENT METERS 2o0.82
POSITIVE DISPLACEMENT METERS 274.58
LOT//2 COIv[PO~D METER;S
2" COMPOUNDMETERS
COMPOU ND ME'I'ERS
COMPOUND METERS
772.00
I ,008
1,676.58
COMPOUND METERS 3.304.07
S NSUS
6621 Bay Circle
Suite 160
Norcross. GA 30071
(770) 447-4750
FAX [770) 447-1391
June 5,1998
Mr. Robert L Kenyon
Deputy Utility Director
City of Boynton Beach
5469 West Boynton Beach Blvd.
Boynton Beach, FL 33437
J.,, 0 9 1998
BO ~' ,~ ~,-C;H BEACH
UTILITIES
SUBJECT: REMOTE METER PRICING ( TOUCHREAD PITlUD )
Dear Mr. Kenyon,
Sensus Technologies, Inc., is pleased to offer the City of Boynton Beach the opportunity to
purchase the above referenced meters from the Seacoast Utility Authority contract Bid
Number 97-174-W. The~[ginat_bJd date was~. The contract pricing will remain
firm for five ($) years from that date, with a option to renew for an additional five (5)
years, and will give your Utility the opportunity to exact a meter change-out program
without the worry of cost increases.
To obtain an official copy of the meter contract, please contact Seacoast Utility Authority at
561-627-2900. For your review, I am listing 5/8" - 2" pricing below:
5/8" x 314" SR TRJPL METER
LESS CONNECTIONS
1" SR TPJPL METER
LESS CONNECTIONS
1 W' SR TPJPL METER
LESS CONNECTIONS
2" SR TR/PL METER
$ 80.31 $ 3.00 $ 77.31
$ 121.05 $ 6.00 $ 115.05
$ 248.41 $12.00 $ 236.41
LESS CONNECTIONS $ 322.21 $ 20.00 $ 302.21
If you choose to use our Model SR II meters on the 5/8" - 1" size meters, you will be eligible
to purchase the 518" meter for $ 78.21 ea., and the 1" for $117.80 ea.
:SCNSUS.
Page
All of the above meters can be easi
Transceiver Units ( MXU ) are $135.00 each
an~ modifications to the unit.
We~ at Sensus Technologies! Inc:, look forward to providing the City of:Boynton Beach with
quality water measurement equ pment and superior customer service.
Sincerely,
INC.
David A. Nimtz
Manager, Technical Sales
Southem Marketing Region
DAN~sm
CC:
Mr. T~m Lang- Territory Manager
file
COPE
SPECIFIC REQUIREMENTS
COLD WATER METERS
The. sole purposei .and intent. °f'this'~Ifi~Statioa 'f0r: Bid ~is to 6brain
and tb ~s-tabjish~ an annual pi&~ ~greement for the u
meters, as requested by Owner. P rchase of
firm prii:es
cold Water
II.
Cogt of mel~et!'w~th r,~., - ·
, ~,-- ~..,ore encoaer register as an add-on for
complete meter.
b. Cost of remote encoder reg/ster only as a retrofit.
c. Meter maintenance plan stating terms and conditions of
warrant. This plan must be the standard program offered by
the manufacturer to all utilities on a routine basis.
For Compound Meters:
Cost of remote encoder reg/ster (w/th cable) as an add-on for
the complete meter.
D-I
~ SeNSUS'
.,:l~qanagement Flexibility: 5
. : - ~,~lh !lit' al)lilly I0
· - AMR mt,let
Sensus [quiomenl ~a]ntenance
Program
TouchRead- Mete Reading and?Billing System
The TouchRead Syskm: :-, ",d,... lasL elli-
clenl and deoe~lOaDle meJc~
w~ I~e ti[si palenled melt~ ...~,lulg [emoJe
syslem lo use Jfa~sJollTlei , · 'L'l'hdq technol-
ogy. el~mmalmg Ihe need ~,'
plug-in pin COl~neclions Ii :~ .~i;ligle m
ve[s~ons lot leading Sensu:- '- .,ael
Je[s vJ~ JemoJe TOIJCJiP~:; ".?IS
reside buddings --. ~.d :',
TouchPads 1o~ ~T~:, :. -. d p~ls or
meters ~ be m~nually ~:'. ~ J t~e Solid
Slate InJe¢[og~lor keypad t', ".e reading
roule ~s Jl~is~d. Jhe d~l~
iransleffed lo a PC whe~ ,c used to
generale ma~gemenJ ~,g.' ,[ cus-
lomef biffs, and b5 Jo;;?;.:' ' mamJrame
compuler, d desJ~eJJ
TouchRead PilLid ReglsJb ~ -'t ) and
[~dmg modules ate corn;' '~ ~aled
urals g~vJng you Jfl~xllnL"' .' ~Jiy i~
undefgrouna meier pl~s ~ < ;~'here
Jlood!llg may f~ a DroL~Jg'
The TouchRead SysJ~~,'~ can
hell] you...
· Imprave salet~ recortl~ .
OSHA safety ~egu;~J,r - Jkmg ~1
· Maximize speed and ..- m;,~ncy.
mg oul flooded met~.'~ ? .,~; lead-
o Micre P
[] March2L 2000
[] Apffl 4, 2000
[] ^p~l ~s, 2ooo
[] May 2, 2000
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Cormynission Dati Fina~ Form M_~st be Turned
Meeting Dates 5 in to CiNClerk s Office
Mamh 8, 2000 (5:00 p.rr~)
March 22, 2000 (5:00 p.m.)
April 5; 2000 (5:00 p.m.)
April 19, 2000 (5:00 p.m.)
IV-CONSENT
ITEM B.7
Requested Cit~ Commission Date Final Form Must be Turned
[] May 16, 2000
[] June 6, 2000
[] June 20, 2000
[] July 5, 200~
in to City Clerk's Office
May 3, 2000 (5:00 p.m.)
May 17, 2000 (5:00 p.m.)
June 7, 2000 (5:00
Jun¢21; 2(~00 (5:00 p.nt)
NATURE OF
AGENDA ITEM
[] Admlni~trative [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
RECOMMENDATION: MOTION to approve the "Sole Source" purchase of EYEWITNESS IN-CAR VIDEO
SYSTEM from KUSTOM SIGNALS, INC. in the amount of $14,070.00~
EXPLANATION: Procurement Services has been requested by Police Deparunenr m purchase three (3) of the Eyewitness
in-Car Video System from Kustom Signals, Inc. as a "sole source" purchase. This system is an industrial grade pa~ol car
surveillahce system with a motorized 12:1 zoom, VHS recorder, color camera and other accessories.
Procurement Services requests Commission's review, evaluation and "sole source" purchase approval.
PROGRAM IMPACT: This will assist the Police Depatmaent to video tape in surveillance work.
FISCAL IMPACT: Funding has been provided in the Police Deparmaent FY1999/2000 Budget for tiffs purchase as
follows;
Account Description
Auto Accessories
Account Number Budget Balance
001-2210-522-64-32 $15,010.00 $ 940.00
ALTE ~RiNATIVES: Continue to do surveillance work with limited capability to ~rovide video tapes.
Deputy Director of Financial Services City Manager's Signature
Procurement Services
Department Name
City Attorn~y~ Finance / Human Resources
cc: Michael Munro - Police Department
Hoyt Jbhnson- Finance Deparmaent
File
SABLrLLETIN~ORMSkAGENDA ITEM REQUEST FORM.DOC
To: F,, ,,~hce~Department
~rom: POLICE DEPARTMENT
BUDGET TRANSFER '~ ~"cJUEST
Date: 05/30/00
Pa[ ,~f I
Account Number
001-2110-521-64.15
001-2210-521-64.32
Present Increase Adjusted &
Budget
25,000
Unencumbered
Balance
0
' Use Whole DoJlars Only TOTALS
93,039
49,864
Justification of Transfer: To transfer money to cover therepaired,Pl irchaSeAutoOf a ID card printer. This printer s used to pdnrt,.
See~achedThe current IDletterCard pr nter is broken, and Canr not be ..... AccesLori£~ es 3 ,.In-car d:eraam for 2000 vehicles .
all
CITY
D
cards
Approvals: Department Head
Finance Department
City Manager ~
43,175
JUN-01-O0 I'HU O~:bO A~
~R~ NO. 813 qu/ IlO3
Quotation
Date 611/2000
To... MICHAEL MUNRO
BOYNTON BEAOH POLICE DEPT
100 E BOYNTON BEACH BLVD
BOYNTON BCH FE 3343~3a3S
Quete;~ 3501989601'119
Terms Net3O
This qucrte Expires on 08)30/2000
Phone 561-7~-8111
Fax-
Qty Product Description
3 EYEW1TNBS INDUs~ GRADE PATROL CAR SURVEILLANCE SYSTEM, HEA~ ;=r.t
VAULT TYPE L,OCK~-R. VHS REcoRDER, GONTROL CENt r.t% COLOR CAMERA
COLOR MONlrroR
W/MOTORIZED '12:1 ZOOM;
3 OVERHEAD coNSolE,UPGRADE
3 IN CAR MI¢ KIT
3 VARY F2 FREQUENCY
3 SHIPPING & HANDUNG
OPTIONS NOT INCLUDED IN TOTAl. PR~CE. · ·
2ND YR EXTENDED WARRAI;i'Y (INCLUDES 50% IACP DISCOUNT)
3RD YR EXTENDEDWARRANTY (INCLUDES 50% IACP DISCOUNT)
Unit Price
4,470.00
SubTotal
$13,410.00
65.00
95,0G $Z85.00
2$.00 $75.00
35.00 S105,00
210.00
262.50
Total 14,070.00
Signature
Title
Toll Free 800.4KUSTOM (800458-7886)
JUN-UI-UU I~IU UU;OU ~'t~ tLU,blLJFI ~Jtb'NHL;:)
k(((((((
~ ' ' INC.
KU~I~OM SIGNALS,
A ~ OFla. GUC ~q='TY EOU~T,
Lepe~a,' l,
May 31, 2000
Boynton Beach Police Dcparr-me, m
I00 lq. Boynron Beach Blv'd
Boymon Beach, b-'L 33435
Thank you for your inter~
to
Kustomman~factures and
For your information, I've listed a few features and capabilities that make the EyewitneSs unique:
· The Eyewitness duet audio
,The AG-720 is.the c
· All FOC approx, ed frequencies availab e- allows several officers~to talk simultaneously without
scrambling another of~cer's transmiss~om
- Exceptional re.c?rding quality enables you to record close-up details of driver's licenses to
document the identificati°n given bY motorists.
- On tape, tape counter feature helps t~ mfuta false claims of tape tampering~
· Recordings can indicatewhen the wireless transmitter is used, if patrol car brakes am applied and
when lights and siren are used.
- The Eyewitness prov de-~' unequ~aled status nforrnatJon with v ~ibta and audible feedback.
· The Eyewitness C[Ocfdcalendar ~utomatiCa I¥ adjusts for dayl ght savings and leap years.
· EyewitneSS was the first;in-car ~eo sYStsm developed speCit~cally for lew enforcement in 1987.
Our commitment, responSiveneSs and S~upP0rt to our CUstomers a~e known throughout the
industry.
i~ Sales Representative
I hope this information is helpful, ffyou need anything further, please do not hesitate to give me a call
at 1-80014KUSTOM (458-7868). YOU can reach me from 7 ~ to ~ 1:~1V~, Central Time.
Requested City Commission
Mee~Dates
[] March 21, 2000
[] April 4, 2000
[] ^~l~s, 20oo
[] May 2, 2000
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form Must be Tamed
into City Clerk's Office,
March 8. 2000 (5:00 p.r~)
March 22, 2000 (5:00 p.m.)
April 5, 2000 (5:00 PanO
April 19, 2000 (5:00p.m.)
Requested City Commission
Meet~n~ Dates
[] May I6, 2000
[] Sune 6. 2000
IV-CONSENT
ITEM B.8
Da~e Final Form Must be Turned
in to City Clerk's Office
May 3, 2000 (5:00 p.m.)
May 17, 2000 (5:00 p.mJ
June 7, 2000 (5:00 p.mq
June 21, 2000 (5:00 pan.)
NATURE OF
AGENDA ITEM
[] Admlni~trative [] Development Plans
[] Consem Agenda [] New Business
[] Public Heafing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
RECOMMENDATION: MOTION to "piggy-back" PALM BEACH COUNTY, CONTRACT PROJECT NO. 00052
to WYNN & SONS for CONCRETE WORK AS PART OF THE WILSON POOL FA(~ADE PROJECT in the amount
of $10,640.00.
EXPLANATION: Procurement Services received a request from Public Works/Facilities Management to "piggy-back"
Palm Beach County, Contract No. 00052 for Wynn & Sons to do concrete work at the Wilson Pool Fagade Project in the
amount of $10,640.00.
Procurement Services requests Commission's review, evaluation and approval.
PROGRAM IMPACT: Th/s concrete work is a necessary component in the completion of the Wilson Pool Facade Project.
FISCAL IMPACT: Funding is allocated in Facilities Management FY1999/2000 Budget as follows:
Account Descrinfion Account Number Budget Balance
Building Improvements 001-2511-519-62-01 $12,500.00 $1,860.00
ALTERNATIVES: To prepare bid specffications and delay the completion of~e Wilson Pool Facade Project.
DepUty Director of Fimurcjal Services (~i~. '~anager's Signature
Deparmaent Name
cc: Christine Roberts-Public Works
Bill DeBeck - Facilities Managemem
Hoyt Johnson - Finance
File
City Attorney / Finance / Human Resources
S:kBULLETINkFORMS~AGENDA ITEM R~EQUEST FORM.DOC
FACILITIES MANAGEMENT DFvTISION
Memorandum NP. 00-060
FROIvI:
DATE: ~
SUBJECT:
Bill Atkins, Deputy Dire~ctor of Finance
. P r /asing
t3
Christine Roberts, Interim Public Works Director ~
Bill DeBeek, Facilities Manager
May 24, 2000
Wilson Pool Fagade
I have obtained two (2) proposals from Wyrm & Sons for concrete work as part of the .Wilson
Pool's Fagade Project based on the Palm Beach County 4'~t~.sl.-l~,qr, d Contract #00052, which was
executed September 28, 1999.
Budgeted: $12,500(,,001-2511-5t9-62.01)
Project Cost: $10,640 (Entrance Area S8,650 and Parking Area $1,990)
Please- comac~~ me for any additional information necessary in preparation for Commission
Approval.
PL/BDB/pl
Attachments
Copy: Dale Sugerman,
Assistant City Manager
~s~ ._N'N,~ ~,~-~S ON S$o~_ ENVIRONMENTAL. . CONSTR~CTiO .N, INC.
Ph~e 561-68~77
Fax 561-6~-2433
PROPOSAL: WILSON POOL/SIDEWALKS
100 EAST BOYNTON 8EACH BLVD.
18OYNTON BEACH, FL. 33425
[ATrN~ BILL DEBECK _~__~
F~EM D~SCRtPTION ~-J'~ '
~' - PATPRNAY(PE~ Sy~
# 2~' 14 CONCRE'~i= RE~VA~{~R ~
QTY
3.760.00
TOTAL
?i~ ~NN & SONS ENVIRONMENTAL CONSTRUCTION INC.
' 84~>5~1st Lane South -- ' - ...........
West Palm 8ea,~'h. FI~ 334 t t
Phone 56t -686-~077
Fax ~1-6~.~433
PROPEL:' WtLSON POOL/EXTRA
SlDEWAEK
NAME/ADDRESS
10OEASTBOYNION BEACH BLVD.
~OYNTONBEAC~ FL. 33425
BILL DEBECK
#24 . 4'CONCRETE PATHWAY(PER ~;~'
I~ 8 EXCAVATION (PER CY)
RATE TOTAL
21.00 1
0,00
5.0O
PALM BEACH COUNTY
ENGINt!ERING & PUBLIC WORKS DEPARTMENT
I~ATE Augu~,t 17, 1999
Wynn & Sons Environmental Const.
Cha~le~ S Whi~eside, [nc
FROM.
Mark Sinkhom, P E.
Engineering Services Division
ANNUAL PATIIWAY 8: MINOR CONSTRLiCTION~
CONTRAil' PKO;JECTNO. 00052
Based or~ bid results, Eng?neering & PublieWorks recommends award of the
above:referenced contradi lo Wynn ~'Sons i~vir0nm¢,tal C'o~s(ruction, Inc.
This Award Recommendation will he:posted at the Engineer ng & Pub c
Works D~partment on the l sr Floor at 160 Australian '~cn~¢. ~¢~t Pa m
B~Ch, Florida, on Aug~lst 18, 199~, If you~ wish to pc0test th~' award
reco~lmendation wu may ~o so by' address ng y~r ~rolest to Mr~ Doug
Meyers, Diro~tor,'P~lm ,~acl~ Cou~t~ Purchasing D~p~{nent, 50 South
Milita~ Trail. West Palm Beach, Florkia 334l ~ Failur¢ to file a pr~ost to
the ~{rector of Purchasing within ~v¢ ~) busiacSs days aRer postin$ oF the
AwaM Rec0mmenda~{o~ a~ pcesc;-ipe~ ia SeCt}on IV(D) of the ~oun~y
Purcfias ng Ordinance ~17 s la ~6 ~s~ ul¢ a Waiver of {roceed n sunder
the referenced County Ordh{ance.
we thank you for your ~ntim cd i.{eres~ n bidding Palm Beach County
pcojects
Sin~ely, / /
·
Engineering Services Division
MS:iO
' Attachments
George T. Webb, P E, County Engineer
STATE OF~LORIDA )
COUNTY OF
CouP:y),_ and
R99 1959D
~ONT~CT
da, (hereinafter called the
~ County, for
the ~onsideratio~ ~erein mentioned a~ ,t~ or~thei= own
to do a%I ~he,~rk~and f~=niSh all
~ion
ord~r~
and
task o=der~ hereumdmr~ The maximum valu,
under this Con=tact shall no~ in any
M~LLION~ THR~E HUNDRED
($1,358~o00) (except as may be
~40 of the Con=tact Specifications)-
te~s of the
issue any
issued
ca~e ~ exceed ONE
DOLLARS
~=o section
The ContraCt Documents relative hereto are mad~ a part of this
agreemen~ a~ completely as i~ ~et forth here~n. ~ to the
satisfaction of ~he County or i~s duly authorized
repre~entatiYe~
C-1
mentioned to cOmme~¢e the Work With adequate forces amd
e~uipment Within s ve~o (72)_~_~ of the task order
being issue~ for a s
PeCl,f~c project. After commencement of
the work. it shall ~be properly d~spatched toward completion
to ,
~- o~ the Engline~=' and~ shal~ be fully
~ime limit specified. It is Understood
and agreed that the time limit for completion of said Work is
the e~sence o~ the contract and should the Contractor. ~ail to
complete the work within the time
g d that for
such calendar day that any work provided for in these Contract
DocUments shall remain incomplete after thetime'limit, it zs
agreed that for such calendar day tha~ any Work provided for
in these Contract Documents Shall remain inco'~plete after the
time lim~= has expired, including any official e~tension of
the tim~ limit; the sum ~er da~ .~ven in the contained
sched~le~ shall be dedUCted from monies due the Contractor,
no= as a penalty, but as liquidated damages and added e~pense
for supervision.
The Contractor shali take into account all Contimgent work
which has to be done by other parties arising from any cause
whatsoever, and shall not plead his want of knowledge of such
Contingent work as an excuse for delay in his work, or for its
non-performance.
C-2
R99 1959r[~
~f
CONTRACTOR : ". '. h
~n & Sons Environmental Con~._~qg~--- '.
SECRETARY OR ASS 'T. SECRETA~_Y
C-3
~vnn & Sons Environm~nta! ~na~, Ina.
(COMPANY MA~)
~4~5 lac Lane South
West Palm B~ach, Florida ,.
(COHPA~Y ADDRESS)
ZIP CODE 33411
686-6077 .
PHONE NUMBER
65~0301746
FEDERAL TAX I.D. #
DAT~ SUILMITTED: ~/3/99
FORTHECONSTRUCTION OF; ANNUAL PATI~WAYAND'MINOR CONSTRUCTION
CONTRA~T;~PA.LI~.-EEACHCOUNTY. FLORIDA
TO THE BOARD O~ COUNTY CO~M~.ISSIONERSO~
PALP[ BEACH COUNTY, FLORIDA. '
We, ~he undersigned, hereby .declare that no person or
persons, firm or corporati.0n,.ot~e~ th~n the undersigned, are
interested in ~hi~ prop0~al aS prin¢ipals~ and ~ha= this
proPOs&l is made wlthout.~c01~us/on with an~ person, firm, or
corporation, and we have carefull~ and to our £ull
satisfaction examined the~Con~ra¢~ Documents, andthat we ~ave
made a ful~ examination of =~e location of the proposed work
a~d the source of supply of ma=eri~l$, and w? hereby agree to
furnish and! pay £orall necessary labor; equlpment! materials
herein are approximate only and ~hatwe wall fully c0mpiete
all ~eces~&r~ work in accordance with ~he Contract 00cDmep?
and the requiremen~e under them of the Engineer, withxn =ne
time limit Spe~ified i~ this proposal for the following uni~
prices, to wit:
P-1
ANNUA~ PA?H~AY AND ~OR
NOTEs:
1.
ADDRESS
STATE LICENSE:
COUNTY LICEI~SE
LICENSE
~pli~d wfth ~cn material c~?aimng ~ Regu~ote~ ~ub~nce and ~ll be
p~ce~r~ ~quired to contain and dean up ~ny releases o~ the Regulated ~b~ancz. Any
t~ts or ~ummen? nec~sa~ ?o accomplish ~me ~halI ~ avai~b~e m c~e of a
~t eli timesfromondagair~? ~ny
f~ COUN~ by r~n af any dome~ to
incited or su~aJnedby any ~ - ~ ~
hereunder, o~ the
off,cars.
-9-
:~ : : : OUANTI~ UNITS II'ICE : TOTA~
T~o, oo
............. ,, ~ ~
3300 L ~ N ~,~ ~ ~' ~
P-2
llO~£CT NAME: ANNUAL PATHWAY AND MINOR CONSTRUCTION CONTRACT
~OJECT NUMBER: 000~2
UNiT
fT~M- TOT~d~.
~4 ~O~CRETE:FLUSH ,H~;DERCURB (PgC ST.A,,NDARD 225
,7~ ~~;~ ~PE {SCHEDULE 40} . , -,
i a{~~4~'acP , r :~;~
P-3
UNIT
UNI:I'
ITEM QUAN'I'I'rY' TOTAL
1~ SE~D~NG AND MULCHI~IC) t,g00 ~ ~ ~ ~.;5 ~75.~ i
1~ R~P~CE SPRINKLER SYSTEM ~COMPLETE} 1~0 ~ ., ~10.~ ~I,~ ~
1~I BI~R {Ie,~WIOE)-{FURNtSHED ~O INST~LED} ,
~m 135- ~ ~m ~ M ~ ~d ~ h~ ~ ~e~ ~ga~ s~m ~ I ~l. of ~ ~ d~e~
~ ~ ~. ~ ~ ~ m~ ~t ~ not be ~ ~ c~on to ~ ~s~ng ~gaOon ~,
~ ~ I ~ ~ ~ ~ ~ I ~ ~ ~ ~P ~, p~wir, ~., for ob~g ~er ff~
RequesTed City Commission
Meeting Dates
[] Mamh 21, 2000
[] April 4. 2000
[] A~ ~s, 2000
[] May 2.2000
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form Must be Trained
in to City Clerk's Office
March 8, 2000 (5:00 p.m.)
March 22, 2000 (5:00 p.rr~)
AprilS, 2000 (5:00 p.m.)
April 19. 2000 (5:00 p.m.)
Requested City Covr~rnission
Meetine Dates
[] May I6,2000
[] June 6, 2000
[] June 20, 2000
[] July S, 2000
IV-CONSENT AGENDA
ITEM B.9
Date Final Form Must be Turned
in to City Clerk's Office
May 3, 2000 (5:00 p.m.)
May 17, 2000 (5:00 p.m.)
June 7. 2000 (5:00 p.m.)
June 21, 2000 (5:00 p.rr~)
NATURE OF
AGENDA ITEM
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
RECOMMENDATION: MOTION to approve the PURCIIASE OF ERGONOMIC FURNI'I'LrRE for UTILI'I'II~S
DEPARTMENT in the mount of $ 20,428.89 utilizing PRIDE OF FLORIDA.
EXPLANATION: Procurement Services receiv ~ed.a request from Utilities Deparmaent to purchase new ergonomic furniture
utilizing PRIDE of Florida. PRIDE of Florida is the Prison Rehabilitation Industries and Diversified Enterprises (PRIDE) a
non-profit, self-funded corporation chartered by the State of Florida in 1981 to provide meaningful training and work
experience m inmates in Florida's correctional institutions. PRIDE of Florida is exempt from the bidding process.
PROGRAM IMPACT: The ergonomic furniture :will benefit the personnel in Customer Relations m providing a safe
working environment and a better general appearance to the public being served.
FISCAL IMI'ACT: The Customer Relations Division budget has aa allocation of $16,000 in Furniture and Fixtures f°r the
purchase of ergonomic fumitore. The additional fimding of $4,428.89 will come from a Voice Response System which w/Il
not be purchased this fiscal year.
Account Description Account Number Budget Transfer Balance
Furniture & Fixtures 401-2825-536;64-16 $16,000.00 $ 4.428.89 $ 20,428.89
Computer Software 401-2825-536-64-14 60,000.00 <4,428.89> 55.571 A 1
ALTERNATIVES: Continue to use the older furniture which does not provide the safety features for employees.
Deputy Director of Financial Services City Manager's Signature
Procurement Services
Deparm~nt Name
City Atromey / Finance / Human Resources
cc: John Guidry - Utilities Department
Barb Conboy-Utilities Deparmaent
File
S:~B ULLETiIq~FORMS~AGENDA ITEM REQUEST FORM.DOC
MEMORANDUM
Utilities #00-117
~RCHASli~
TO:
FROM:
DATE:
Bill Atkin~q
Procurement Services
Utilities Director [
june I, 2000
SUBJECT: Furnitumpurchase-for Customer Relations
PRIDE of Fiorida
Agenda Item
The Customer Retati0ns:IJivision in Utilities budgeted $16,000 for new ergonomic
furniture for the g~:~S~has worked with PRIDE of Florida to develop a workable
floor plan: with ~go~0mi~-workstations.: ;~;!~ .... PRIDE is a non-profit State ag enc y that is
exempt from ~}~!d~g~process. The total for the purchase request is $20,428.89.
The additiohal ~:i~e~ed are available for transfCer from 401-2825-536-64-t4,
Computer Sof~are:~.The~,~oice data system will not be purchased th/~ year.
~ttached pleaseifmd a c~py of ~e requisition and required backup and a budget transfer.
teasd Present tli/s tt;Cb~ss~on Tor their appr0~cal kt'the next available: C0~maission
meeting on 6-20:00
If you have any questions regarding the purchase, please contact Pete Mazzella at ext.
6404 or Sam Kee~a/e~,tgl2,~
cc: Pete Mazzetla
Sam Reep
Barb Conboy
BUDGET TRANSFER REQUEST
Page I of 1
To: Finance Department
From: Utilities Department Date: . o6/o1/00 ..
' * BUdget Data OnlY * Expend as of: I
· ,r Expenditures '
Adjustment
Present Increase Adjusted & Unencumbered
Acc,o. un~ Humb~e.~? .pesqr_iption ~-- ~-' ' ~,~ldget ~ (Degrea~e) - ~ BUdget Encumbrances Balance
401-2825-536-64-14 Compu!er'Softwar; · 60,000 ......... ~(6:~)~! 54 000 ' 0 ~ 54~000
401-2825-536~-16 Furniture & Figures 18,000 ~,000 ~ 2~000 !,521 22,479
~ - 0 0
0
O'
0 0
· Use ~ole Dolla~ Only TOTALS 78,000 0 78,000 t 521 76,479
Justificationof Transfer: See memo #00-117, additiona funds needed to purchase ergonor~ic furniture for Customer ..
Relations Division.
Approvals: ~_~
Department Head: ~ ~(~'/~)"~
Finance Department:
City Manager:
REQUEST FOR REQUISITION
REASON FOI~PURCIIASEr ' ~:
~OR ~O~T~ N-, : D~SION: : OT~R ~O~T{ON:
Date:
Ad&ess: C~s~c~m ( ) DateN~:; Cm~ ( )
BA~CS. ~ DEL~RY:
. . ~D:
Ph~e (c~act): ~ ~ Lab ( ) Quot~b~ ( :~.) E.
~ ~ ~ ~mg " ( ) Quotes~2tt~
: (over $2000)
Vend~Nu~n ~ ~t. ( ) BidDy.
PWOp ~ ( ) Sole So~m L~. (
~ O~ ' Sew~e ( ) ~sm~
,, mfl~nts
~ Quau. Unit Price Description & Part Number FundDept Basic Elem Obi Amount
' I
C:\WlNDOWS\TEMPXreqmsitica~ blank, doc
05/10/2000 16:~3
FAX $61 283 4828 -~IUSTON$
B~L OF MATERL~L
PRIDEIMOST
~02
05/10/200o 18:33 FA~ $81 283 4828 HUSTON$ ~]0~3
Modular OJseount (~70%):
Modular hsMIImtiou F~
SPECIAL COMMENTS:_
vs~id fo~ 90 d,,ys ~fler the 8bm/e di~e.
'"-$'!3,17'3.72
~3,175.00
0-9
Bill of Material
Pride/Casegoods 2000
CITY OF BOYNTON BEACH
Beach Utilities Citizens SerVices
Store'S & Joe's Office
prod~e~ · Quantity
Pride EfliciencT Series
Uuit
Ouieksiiver Laminate and Quicksilver Base
tm processing workstatiou
B ~n~lar trnnsitional
~ 'orlmtnflon
A ~ieulntin$ keyboard arm
t palm rest with mouse
D m prozeesingworkstatio~
Fie
!~ with overhead shelf
C~)rd gromm¢~
(~ s416t';)
Extension
~1.602 2 125.00 2SO,O0
,94,1626- 2 86.0~ ~'/2J~
· t186~ 2
~41617 Z. 1~3.0~
#416g-L 2 1S?,~O 314.00
~416d~1~= 2 157.00~ 314.00
~16~ 2 llS.0G 23~00
~4163~ 2 142.0(1 284.0~
#4166~ 2 ~ 1~00
SubtOtal
Total.
2,23S.00
223.80
2,461,80
Requested City C6mmlss~on
Meetin~ Dates
[] March 21, 2000
[] ^pal 4, 20oo
[] May 2, 2000
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned
in to City Clerk's Office
March 8, 2000 (5:00 p.m.)
March 22, 2000 (5:00 p.m.)
April 5, 2000 (5:00 p.m.)
April 19, 2000 (5:00p.m.)
Requested City Comra/ssion
Meetin~ Dates
[] May [6, 2000
[] June 6, 2000
[] June 20, 2000
[] July 5, 2000
TV-CONSENT AGENDA
ITEM B-lO
Date Final Form Must be Turned
in to City Clerk's Offico
May 3, 2000 (5:00
May 17, 2000 (5:00 p.m.)
June 7, 2000 ~ 5:00 pan.)
June 21, 2000 (5:00 p.rm)
NATURE OF
AGENDA ITEM
[] Administrative [] Development Plans
[] Consent Agenda [] New' Business
[] Public Hearing [] Legal
[] Bids [] U~finished Business
[] Announcement [] Presentation
RECOM34ENDATION: A motion to award Bid#056-2511-00/CJD to: V&P. PAINTING, INC. for the"PAINTING
OF VARIOUS BUILDINGS WIrLHIN THE CITY OF BOYNTON BEACH, BOYNTON BEACH. FLORIDA" in the
amount of: $23,764.00.
EXPLANATION: On May 3, 2000; Procurement Services reealved and opened five (5) bids for the above mentioned
project. The Tabulation Committee recommends awarding this project to: V.LP. PAINTING, INC. of Coral Springs,
Florida as they were the lowest, most responsible, responsive bidder who met aH specifications. Bill DeBeck, Facilities
Manager concurs with this recommendation (see memo #00-061).
PROGRAM IMPACT: The purpose of this bid is to secure a firm price for the prepping and painting of various
buildings within the City of Boynton Beach, Boynton Beach, Florida
FISCAL IMPACT:Funding for the painting is allocated in Facilities Management FY1999/2000 Budget as follows:
ACCOU~Y DESCRIPTION: ACCOUNTg BUDGET EXPENSE BALANCE
BL~LDLNG MAINT/REPAIRS 001-2511-519-46.10 $70.894 $23,764 $47,130
ALTERNATIVES:
--Deputy Director of Financial Services
City M"anager's Signature
Procurement Services
Department Name
City Attorney / Finance / Human Resources
C:Bill DeBeck- Facilities Manager
File
S :kBUELETINkFO RMS~AGENDA ITEM REQUEST FORM.DOC
TO:
FROM:
DATE:
SUBJECT:
FACILITIES MANAGEMENT DIVISION
Memorandum No. 00-061
BillAtkins, D.~n~ F/nance Director
For Christine Roberts; ht~rim PUblic W~--~'Director
Bill DeBeck, Facilities Manage~
,May 25, 2000
Bid Award for Painting of Various Buildings
Bid #056-2511-00/CJD
I have reviewed the bids received for the painting and I would recommend awarding the bid to
the low bidder, VIP Painting for a total cost of $23,764.
The funding for this project was allocated in Acct. #001-2511-51'9-4~. I 0.
Please prepare this ~tem for Commiss/onApproval.
BDB/pl
ILL ATKINS, DEi~3TY DIR~.CTOR OF FIN~A~NCIAL SVCES BI , FACILITIES MANAGE]{
PAINTING OF VARIOUS BUILDINGS WITHIN THE CITY:OF BOYNTON BEACH
BOYNTON BEACH, FLORIDA
BID #056-2511-00/CJD
"Offers from the vendors listed herein are the only offers
BID OPENING DATE: MAY 3, 2000 received fimery as of the above receiving date and time.
BID OPENING TIM E: 2:00 P.M. A, other offers submitted in response to this solicitation.
BID #: 056-2511-00/CJD
Ir any~ ~1~erel:~'I~cted
VENDORS CEM ENTERPRISES d/b/a SUNSHINE PAIN3
V.I.P. )AIN I
1757BENBOW COURT 1~540 WILES ROAD, BAY 5
APOP~, FL 32703 CO~L SPRINGS, FL 33076
(407) 884-9148 1-800-536-4413
~OTAL COST $34,455.50
$23,764.OO
CALENDAR DAYS 60
UMBER OFBID PROPOSALS 1''
SUBMI~ED I
SPECIFICATIONS "CHECK-OFF" YES
SHEETs suBMI~ED *YES
PRODUCT ~ECHNICAL INFORMATION NO* YES
ENCLOSED
MATERIALS LIST ENCLOSED
NO* NO
MANUFACTURER'S COLOR CHARTS NO* NO
ENCLOSED
CO lES OF LICENSES, (INCLUDE YES YES
P.C .Ls. F CA 6N WHERE
ENCLOSED
MANUFACTURER AS SPECIFIED
~ ~: PORTER PAINTS
PRODUCT L NE .... AS SPECI'F ED ACRI-SHIELD NO. 519 SERIES
PAiN
BID oP~NINGrD~T~:,;~!.M~Y :~i~ 2000~
OP,NI GTE 200PM
BID , E ~ iM._~:, ........
BID ~i: {~6-251 'i:-O0/CJD
BENBOW COURT
"Offers from the vendors listed herein ere the only offers
received timely as of the above receiving date 'and time:
All other offers submitted in response to this solicitation,
1540WILES ¢ 5
FL 33076
1-800-536-4413
$11.042.20
$13,030.00
$1,235.00
$428.00
$zL805;0o
$2,426.00
$541.15
$420.00
$1,420.00
PAINTING OF VARIOUS BUILDINGS WITHIN' THE CITY OF BOYNTON BEACH
BOYNTON BEACH, FLORIDA
BID #056-2511.00/CJD
"Offers from the vendors listed heroin are the only offers
BID OPENING DATE: MAY 3, 2000
received timely as of the above receiving date and time.
BID OPENING TIME: 2:00 P.M.
BID#: 056-2511-00/CJD AIl other offers submitted in response to this solicitation.
- ~ ~1~/~ ~jecte*::~'~ late"Jl~,
vENDoRS CEM ENTERPRISES d/b/a SUNSHINE PAlE
- '1757 BENBOW COURT 11540 WILES ROAD, BAY 5
APOPKA, FL 32703 CORAL SPRINGS, FL 33076
1(407) 884-9148 1-800-536~4413
·SCHEDULE OF SUBCoNTRAcTING/
MINORITY BUSINESS ENTERPRISE
(MBE/WBE).PARTIC PATION CHART YES/NO SUBCONTRACTORS YES/NO SUBCONTRACTORS
EI~CEOSED - .
~% BID BOND ENCLOSED HARTFORD cAsUALTY INS. CO. AMERICAN INST. OF ARCHITECT
~NTI-KICKBACK AFFIDAVIT
SUBM TT~D YES YES
~ONFIRMATION OF MINORITY OWNED FORM SUBMITTED/NOT A FORM SUBMITTED/NOT A
BUSINESS SUBMITTED MINORITY OWNED BUSINESS ~ MINORITY OWNED BUSINESs
CONFIRMATION OF DRUG FREE
· YES ' " yES
WORKPLACE SUBMITTED · , ·
'bOMMEN~s ·
· SEE NOTATIONS
· SEE NOTATIONS
PAINTING OF VARIOUS BUILDINGS WITHIN THE CITY OF BOYNTON BEACH
BID OPENING DATE~ MAY 3, 200Q
BID OPENING TIME: 2:00 P.M,
BID #: 056-2511.00/CJD
1018 5TH AVENUE NORTH -'_ WORTH~ F:i~;33460
"Offers from the vendom Iiste¢ herein are the only offers
received timely as of the above receiving oateand time,
All other offers submitted in response to this solicitation,
if any, are hereby rejected as late"
E. BRIDGE ROAD
HOBE SOUND, FL 33455
545-2356
DAVID L. SNYDER, INC.
HI W. OCEAN AVENUE
BEACH, FL 33435
737-1652
)CEANFRONT PARK
PARTS:A &B) · }'~';
ENCE PARK
)ART A oNLY)
(PARTB ONL ) '--:~:. ' . ,
$8,800.00
.............. '{~;~'~61b'6 ...............
:)50.00
$3,040.00
$19,625.00
............... '{~;~'6b:~6 ................
$30,540.00
................ ~.§~.~6 ...............
............... §¥ 'f~.'66 ................
$15.030.00
$8,900.00
$210.00
................ ~'~',~:66 ................
PAINTING OF VARIOUS BUILDINGS WITHIN THE CITY OF BOYNTON BEACH
BOYNTON BEACH, FLORIDA
BID #056-2511-00/CJD
"Offem from the vendors listed herein are the only offem
BID OPENING DATE: MAY 3 2000
received timely as of the above receiving date and time.
BID OPENING TIME: 2:00 P.M.
BID#: 056-2511-00/CJD All off]er offers submitted ir~ resaonse to this solicitation
if any. are hereby rejected as late"
VENDORS A-1 PAINT tNc OF PALM"BEAc~
.......... · JAMIE COAT PAINTING CORP. DAVID L. SNYDE .
10jo a~n ~.v:NUE NORTH 8949 S.E. BRIDGE ROAD R, INC
· 211 W. OCEAN' AVENUE
· LAKE WORTH, FL 33460 HOBE SOUND, FL 33455 BOYNTON BEACH, FL 33435
~. ~.. (561) 586-4749 (561) 545-2356 (561) 737~'1652
T ~ · ATTN: WILLIAM E. EARL ATTN: JAMES J. LAUDICINA ATTN DAV D L SNYDER
OTAL COST '
$28,750.00 $38,900.00 $61,590.00
CALENDAR DAYS INCOMPLETE
: · 25 INCOMPLETE
NUMBER OF BIDPRoPosALs "'
1
SUBM TTED . 1
SPECIFICATIONS CHECK-OFF *YES *YES
SHEETS SUBMITTED ' NO
:'RODUCT TECHNICAL INFORMATION YES YES NO
ENCLOSED
MATERIALS LIST ENCLOSED YES YES NO
-MANU r . RT
FACTURER'S CQLOR.CHA S ' NO N
ENCLOSED O NO
COPIES OF'LICENSES (INCLUDE YES
P.ClC.L,B; CERTIFICAT ON WHERE . YES NO
REQUIRED) ENCLOSED
MA'NUFA~TuRER- ' ': MAB PRODUCTS MAB PAINTS
. - ' - INCOMPLETE
PRODUCT L NE NCOMPLETE
~ . . TOP OF THEIR LINE INCOMPLETE
BIO
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
Ail other offers submiffed in response to this solidtafion,
if any, are hereby rejected as late"
~/ENDORS ; ~ ,: :~ ::- ,: .... : T 211 W. oCEAN ~/ENUE
1018 5TH AVENUE NOR H B949 S.E. BRIDGE ROAD
.... :' %- - · · LAKE ~.~T~, FL 33460 HOBE SOUND FL 33455 _ BOYNTON BEACH FL 33435
(561) 586-4749 561 ) 545-2356 (561 ) 737-1652
ATTN: WILLIAM E. EARL ~.'CI'N: JAMES J. LAUDICiNA ATTN: DAVID L. SNYDER
SCHEDULE.OF SUBCON~G~JN~. !.~
MINoRi-fY BUSiN.~S ENTERPRISE R
(MB~BE) PAR~I~Ii~ ~N CHART YES/NO SUBCONT~CTORS YES/NO SUBCONT~CTO S YES/NO SUBCONT~CTORS
' NO NO
5% BID BOND ENC~D - NO
.... ' YE
ANTI-KICKBACK AFFIDAVIT
SOBM ED -"
C.oNF. iRMATIONOE MIN'oRI~.OWNED .... FORM S~]~ J~k~OT A -'-. iNCOMPlETE . . INCOMPLETE
BUsIN SsUBU WEB U No I '0W' b; us NEss ' ' '
' ~ ' ~-'~ YES YES
CONF RMAT ON OF DRUG FREE , YES
W~RKPLACESUBMI~ED '~ '" ,. ,
?; 'E~s *SEE NoTATIoN~ ' *INCOMPLETE
COMM
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Kequcsted City Commission Dato F,L,~ ]roma M~u, st be Turned
Meeting Dates {r~ to City Clerk s Office
March 8. 2000 (5:00 p.m.)
March22 2000 (5:00p,m)
April 5. 2000 ,(5:00 p.m.)
April I9, 2000 (5:00 p.m.)
[] March 21. 2000
[] April 4, 2000
[] April !8, 2000
[] May 2, 2000
Requested City Comm/ssion
Meeting Dates
[] May 16.2000
[] June 6.2000
X June 20, 2000
[]i July 5, 2000
IV-CONSENT AGENDA
ITEM C.1
Date Final Form Must be Turned
in to City Clerk's Office
May 3, 2000 (5:00 p.m.)
May 17. 2000 (5:00 p.m.)
June 7, 2000 (5:00 p.m.)
June 21 2000 (5:00 p.m.)
NATURE OF
AGENDA ITEM
[] Administxative [] Development Plans
i~ Consent Agenda [] New Business
[] Public Hearing [] Legat
[Zt Bids [] Un£mished Business
[] Announcement [] Presentation
RECOMMENDATION: Enter into an inter-local agreement with Palm Beach County to accept a one-time
reimbursement contribution in the amount of $65,040.00 to be used towards the installation of improvements to the
golf course front entranceway.
EXPLANATION: The original estimates provided to us by our Architects for this project, Gee and Jenson,
underestimated the construction cost by 50%. Through informal discussions with Palm Beach County Commissioner
Mary MeCarty and her administrative assistant, former Mayor of Boynton Beach, Jerry Taylor, Golf Director Joe
Sciortino got a commitment for the other 50% of the needed funding. The attached inter-local agreement with the
County formalizes this commitment.
PROGRAM IMPACT: Having a front entranceway for our City golf course. The Links at Boynton Beach, that
reflects the excellence of our facility~ and portrays our World Class visiom
FISCAL IMPACT: Provide the additional funding necessary to build this improvement without having to exceed our
original budget.
ALTERNATIVES: Use retained earnings of the golf course enterprise fund: raise rates at the course: redesign and
downscale the project.
,7 I~partment Head's Signature
Golf Course
Deparunent Name
C~t~ ~l~t~ager's Signature
City Attorney / Finance/Human Resources
S:kBULLETrI~FORMSXAGENDA ITEM REQUEST FORM.DOC
RESOLUTION R00-
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
FOR
NG
AN
WHEREAS, the City of Boynton ,Beach is undertaking the
improvement to the entry to the Boynton~ Beach MunicipalGolf Course
which ison land',leased to the CITY by the COUNTY to inc ude paving
and drainage~ landscaping, irrigation,
administrative costs (Improvements); and
electrical,
and construction
WHEREAS~ the COUNTY believes that such efforts serve a
reimbursement contribution in an amount notto exceed $65,045.00 to
the CITY for installation of the improvements; and
WHEREAS, after installation of the improvements, the CITY will
be responsible for the perpetual maintenance of the improvements on
Joe DeLong Boulevard east of Jog Road;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
THAT:
Section 1. Upon recommendation of staff, this Commission
does--hereby authorize and direct the Mayor and City Clerk to execute
an Intedocal Agreement between Palm Beach County and the City of
Boynton Beach for financial assistance for the improvement to the
entryway of the City's municipal golfcourse.
Section 2 That this Resolution shall become effective
immediately upon passage.
PASSED AND~ADOPTED this day of June; 2000.
CITY'OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Mayor Pro Tem
Commissioner
Commissioner
ATTEST:
City Clerk
(Corporate Seal)
Department of £~gineering
and Public Works
RO. BOX 21229
West Palm Beach. PL 33416-t229
(561~ 684~4000
ww~co.palra-beach.fl.us
Palm Beach County
Board of Count~
Commissioners
Maude Ford Lee. Ch~Jr
Warren H. NeweI1. Vice Chairman
Fharen T. Marcus
Carol A Roberts
Mary McCarry
Bun Aaronson
Tony Masilorci
Count7 Administrator
Rober~ Weisman
May 22, 2000
Mr. Joe Sciortino, MP
Goff Director
The Links at Boynton Beach
P.O. Box 310
~.B~ynt0~n Beacl~, Florida~ 33425~0;~10.,
Dear. Mr: SCiortino:
I am the contact person at the Palm Beach County Department of
Engineering and Public Works who is coordinating the beautification
agreement with the City of Boynton Beach for landscaping at the entrance
t~ the B0ynton Beach Golf Course. Attached to this letter are five (5)
original agreements between the City and the County which will reimburse
the City up to $65 040.00 for landscaping the entrance to the golf course.
Would Y°uplease have these five agreements executed by the City at
their earliest convenience and return four (4) of the originals to me 1 will
then have ,~'agreements finalized by the Palm Beach County Board of
CoUnty c0mmi~si0ners, After the agreements are finalized bythe BCC,
I will sen~d you fully executed copies of the agreemen{. At that., time the
County Wilt:.b~ able: to process the City's request for reimbursement.
Please note, leave the date of the agreement blank on page one. Also
on page.6, have the City identify a point of contact. The City should also
sign and seat the original agreements on the top, portion of page 8.
If you have any questions, please contact me at (561)684-4018. I am
doing everything possible to expedite the agreementsand reimbursement
to the City.
Sincerely,
Special Projects Coordinator
FINANCIAL ASSISTANCE AGREEMENT FOR cTrY OF
BOYNTON BEACH JOE DE LONG BOULEVARD ENTRANCE TO
BOYNTON BEACH MUNICIPAL GOLF COURSE (Jog Road east 200 feet)
PAVING & DRAINAGE, LANDSCAPING, IRRIGATION, ELECTRICAL
AND CONSTRUCTION ADMINISTRATIVE COSTS.
THIS I~TER-LOCAL AGREEMENT is made and entered into this
dayof , 20 , by and betwee~PALM BEACH COUNTY, a political
subdivision of the Stat~ of Elonda¢ hereinafter COUNTY', and the CITY OF BOYNTON
BEACH, a municipal corpomtiun of the State of Florida, bereina~er "CITY".
WITNESSETH:
'~ HEREAS, the CITY is undertaking the improvement to entrance to Boynton Beach
Municipal Golf Course which is on land leased to the CITY by the COUNTY to include paving and
drainage, landscaping, irrigation, eieetrieel, and construetlon admirfisWative costs, hereinafter
"IMPROVEMENTS", on the CITY's Joe De Long Boulevard from Jog Road east to 200 feet east
of Jog Road, and
WHEREAS~ the COUNTY believes that such efforts serve a public purpose in the
enhancement of entrance to the Boynton Beach Golf Course and therefore wishes to support that
effort by providing a one*time remabursement contribution in an amount not to exceed SIXTY FIVE
i"HOUSAND AND FORTY FIVE DOLLARS ($65,045.00) to the CITY for the installation of the
IMPROVEMENTS; and
WHEREAS, after installation of the improvements, the CITY will be responsible
for the perpetual maintenance of the IMPROVEMENTS on Joe De Long Boulevard east of Jog
Road; and
WHEREAS, the CITY and COUNTY now wish to enter into an agreemem to
provide for the COUNTY's one-time contribution to the CITY for these purposes; and
NOW, 'IHEREFORE, in consideration of mutual covenants, promises, and agreemenus
herein contained, the parties agree as follows:
1. The above recitals are true. correcq and are incorporated herein.
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' ' 'i 2.- The ~0~ ~greg}~ ~burse the CITY an mount not to exceed SIXTY
FIVE ~iI-IOUSAND AND.~OR:TY EtYE'DOLI~R$ ($65,045 00) ~owerd tha cost for installation
o£the IMPROVEMENTS, ~o the Boynton Beach_ Municipal Golf Course from Jog Road east to 200
feet east ,~°f Jog, Road. within~ the rigt3~.t' of way of the City-'s Joe De Long Boulevard entrance.
3. The COL~ ~TY agnes; to ~eirab~?se'the C~TY the amount established in
IMP~ ROVEMENTS.
4. The COUNT~, ~,s~all have no obligation to the CITY or any other entity or
person in exeass oftbe mount provided in p:~h 2.
5. The CITY agrees to assume all responsibility for design, bidding, contract
preparation, and con~aet adminislratign fo[ ~h¢ installation of the IMPROVEMENTS, includ~/~
payment (s) to the contractor (s), pursuant ~o all applieahie governmental lav~ and regulations and
will comply with all applieable.goyemmental landscaping codes and penin~ng requirements in the
selection and installation of the IMPROVEMENTS° The CITY agrees to install the
IMPROVEMENTS substantially in aeeo~anee with the plans as approved by the COUNTY.
Otherwise, the COUNTYWIlt have the final determination of the eligibility for reimbursement of
any changes. Substantial. vaa'iatious ~ft~m the sebmitted plans shall requtre prior writtan approval
from the County Engineer?s Office, ~ ~er agrees to require the design consultant (s) to comply
with,the COUNTY's "$treetseapo~Stundm~ls" manual, The final plans for the IMPROVEMENTS,
which will be subject to the COUNTY's review and input, must be prepared by and signed and
sealed by a Florida Reg~erad Landscape Architect experienced in roadway planting and familiar
with the COUNTY's "Str~etscaP~ Standards/' mannsl, and as appropriate, the construction-related
portd ons of the IMP ROVERS ~dr~.wings must be prepared and signed and sealed by a Registered
Professional Engineer.
6. T~/e CITY will obtain or provide all labor and materials necessary for the
installationofthelMPROVEMElqTS. TheCITYshallfumishtheDepmyCountyEnginear ofthe
Department of Engineering and Public Works with a request for payment supported by the
following:
Invoices, checks or such other documentation which is acceptable in form and
detail to the COUNTY to- provide for verification tha~ the services and/or materials have been
performed and reeeived by tho CITY. Any in-kind m_aterials and/or labor which is included as part
of the costs must be reasonably documented. The nalnlmum requirement for eny proposed plant
stock to be used in the IMPROVEMENTS is to be Florida Grade No. 1, as defined by Florida
Department of Consumer Services Grades and Standards for Nursery Plants (most current edition).
When the IMPR O VEMENrrs are completed and approved by the C O UNTY'S inspector, the CITY
shall furnish .the Assistant County Engineer of the COUNTY's Department of Engineering and
Public 37V'orks with a request for payment supported by the following:
a. A certification finm a Florida Registared Landscape Architect that the
IMPROVEMENTS were installed in substantial compliance with the
approved beautification plans for tbe }MPROVEMENTS, and;
b. Paid invoices, checks or such other documentation which is acceptable
in form and detail to the COUNTY to provide verification that the
servicea and/or materials have been performed, received, and paid for
by the CITY. In kind servieea performed by the CITY shall be
adequately documented with copies of payroll logs, etc.
7, All installation of these IMPROVEMENTS shall be completed and f'tt~t
. m o~ces~ubmitted to the CO~ no later than Jtate, 30~ 2001, and the COUNTY shall have no
10bligation to the CITY6r any other entityor person for any cost ineurrod thereafter uniess the time
for completion is extended by modiffcatioff-0f this Agreement as provided herein.
8. The CITY agrees to be responsible for the perpetual maintenance of the
-IMPROYEM~'Y~f~ folt0~g~;~h~Stallation end shall b~ solely responsibIe for obtaining and
compI~/ing,~th all th~,'~6eessa~.~aPproval~; and authorizations from any federal, state,
r~16nal, :6r COUNTY ageile~ ,~whlch 'are~ ~eqnired/'or~ installation and maintenance of the
IMPROVEMENTS'." ' '
9~, ~ COLrNTY Shall have no obligation to the CITY or any other entity
or petsoaia ~eess 0£the ath0tittt provided ia paragraph 2,
10; cas itrelates to this Agreement, the COUNTY may initiate a financial
system analysis end/or aa iniex~aal fiscal Control evaluation of the CITY by an independent audiff/-~
fu-m employed by th~ COLrNTy or by the County Internal Audit Department at any time the
COUNTY deems necessary.
1 I. The CITY recognizes that it is an independent conlxaetor, and not an
agent or servent of the COUNTY or its Board of County Cormrniasioners. In the event a claim or
lawsuit is brought ~galn~ the COUNTY, im officers, employees, servan~ or agents relating to the
IMPROVEMENTS or any item which is the responsibility of tho CITY, the CITY hereby agrees,
to the ext~m p~mitted by law, to indemnify, save and hold harmleas the COUNTY, its officers.
employees, servant~ or agent~ end to defend said persons from an7 such claims~ liabilities, causes
of action and judgements of any type whatsoever arising out of, or relating to the existence of, the
IMPROYEMENTS or tt~ performanee by the CITY as may relam to this Agreement. The CITY
agrees re pay all costs, attorney's fees and exI~nses incurred by the COUNTY, its officers,
employees, servanm or agents in connection with *uch claims, liabilities, or suits except as may be
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incurred due to negligence of the~COUNTY. Furthermore, the CITY stipulates that the exten~ of
the COUNTY's liability pursuant to this Agreeurent shall be limited solely to its aforementioned
payment obligation.
12. The CITY shall, at all times during the term of this Agreement (the
installation of the IMPROVEMENTS) maintain in force its status as a municipal corporation.
13. The CITY shall require each contractor engaged by the CITY for work
associated with this Agreement to maintain:
a. Workers' Compensation coverage in accordance with Florida Statutes,
and;
b. Commercial General Liability coverage, in combined single limits of
not less than ONE MILLION AND 00/100 DOLLARS ($1,000,000.00).
The COUNTY shall be included in the coverage as an additional insured.
14. In the event of termination by the CITY, the CITY shall not be relieved
of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the
contract by the CITY and the COUNTY may withhold any payment to the CITY for the purpose
of off-set until such time as the exact amount of damages due the COUNTY is determined.
15. The COUNTY and CITY agree that no person shall, on the grounds of
race, color, national origin, sexual orientation, religion or creed, sex, age, or handicap be
discriminated against in performance of the Agreement.
16~ In the event that any section, paragraph, sentence, clause, or provision
hereof is held invalid by a court of competent jurisdiction, such holding shall not affect the
remaining portions of this Agreement and the same shall remain in full force and effect.
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17. All notices required to be given under this Agreement shall be in wdt~rff'
had deemed ~Ufficiem to eaehparty when sent'by United States Mail,postage paid, to the following:
AS TO THE COUNTY
Deputy County Engineer
PalmBeach Coanty Department
ofEnglnee~ing & Public Wo~:ks
:: :" ?~;~ ;'Flm'id~ 33416-1229
AS TO THE CITY
City of Boynton Beach
18. This Agreement shall be construed and governed by the laws of the State
of Florida. Any and all legal action necessary to enforce this Agreemant shall be held in
Beach County. No remedy herein conferred upon any party is intended to be exalusive of any other
remedy, and each and every other remedy shall be cumulative and shall be in addition to every other
remedy, given hereunder or now or hereat~er existing at law or in equity or by statute or otherwise.
No single or partial exercise by any party of any riglat, power, or remedy shall preclude any other
or further exercise thereof.
19. Any costs or expenses (including reasonable attorney's fees) associated
with the enfomement of the terms and condilious of this Algvement shall be borne by the respective
parties; provided, however, that this clause per)alnn only to the paxties to the Agreement
20. Except as expressly permitted herein to the contrary, no modification,
amendment, or alteration in the terms or conditions contained herein shall be effective unless
contained in a written document executed with the same formallty and eqnality of dignity herewith.
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21. The parties to this Agreement shall not be deemed to assume any liability
for the negligent or wrongful,acts; or omissions of the other party. Nothing contained herein shall
Statutes.
22. Each party will promptly notify the othe~ of any citizen complaint, claim,
suit, or caus~ of action threatened or commenced agaln~t it which arises out of, or relates in any
manner to, the performance of this Agreemenr~
23. The paffies expressly covenant and agree that in the event either party is in
default of its obligations under this Agreement, the party not in default shall provide to the defaulting
part>- thirty (30) days written notice before exercising any of its rights.
24. The preparation of this agreement has been a joint effort of the parties, and
the rem[ting document shall not, SOlely as amat~ar ofjudicial constraint, be construed more severely
against one of the parties than .the other.
25, This Agreement represents the entire understanding between the parties,
and supersedes all other negotiations, representations, or agreements, either written or omi, relating
to this Agreement.
26. A copy of this Agreement shall be filed with the Clerk of the Circuit
Court in and for Palm Beach County, Florid&
27, This Agreement shall teke affect upon execution and the effective date
shall be the date of execution.
IN WITNESS WHEREOF, the parties have executed this Agreemem and it~-~
/
effe¢fix~e~on the date firs~,aboye wri~tem
CITY ~OF BOYNTON,BEACH
(CITY SEAL)
AITE-
ST:
CITY OF BOYNTON BEACH
BY ITS CITY COUNCIL
By: By: · CITY,ATTORNEY
APPROVED AS TO, FORM AND LEGAL SUFFICIENCY
MAYOR
By:
CIT~ ATTORNEY
PALM BEACH COUNTY
(COUNTY SEAL)
PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
AITEST:
DOROTHY H. WILKEN, CLERK
By:
DEPUTY CLERK
APPROVED AS TO LEGAL SUFFICIENCY
By:
CHAIRMAN
By:
ASSISTANT COUNTY ATTORNEY
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
~/i Sro Cit~ Clerk's Office
March 8, 2000 (5:00 p.m.)
March 22, 2000 (5:00 p.m.)
April 5, 2000 (5:00 p.m.)
April 19,2000 (5:00 p.m.)
[] March 21, 2000
[] April 4, 2090
[] May 2, 2000
Requested City Commission
'~ June 6, 2000
[~ June 20, 2000
[] July 5, 2000
IV-CONSENT AGENDA
ITEM C.2
Date Final Form Must be Turned
in to City Clerk's Office
May 3, 2000 (5:00 p.m.)
May I7,2000 (5:00 p.m.)
June 7, 2000 (5:00 p.m.)
June 21, 2000 (5:00 p.m.)
NATURE OF
AGENDA ITEM
[] Administrative [] Development Plans
[] Consent Agenda [] NewBus/ness
[] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
RECOMMENDATION:
Approve a resolution authorizing the Mayor to execute an agreement between the City of Boynton Beach
and The U.S. Department of Justice Office of Community Policing Services to apply for a grant under the Universal Hiring
Program in the mount of $300.000 over a three (3) year period.
EXPLANATION:
The City of Boynton Beach Police Depar~ent has the opportunity to fand 4 new police officers for a Bicycle Patrol Unit.
The City will need to provide matching funds for 3 years (25% year 1; 35% year 2; 48.2% year 3).
By passing this resolution the City will be accepting the conditions of the grant and fully fund the positions in the fourth year
(mandatory) and any subsequent years (voluntary).
Each year the Deparm~ent has had a budget line item for matching grant funding if needed. In the proposed budget for
2000/2001 we have $ I00,000 for this type of grant and in future years we will need to continue to fund this line item.
PROGR.ad~ IMPACT:
This program will allow the Police Department to add 4 Police Officers for a bicycle patrol in selected areas of
the City as needed.
FISCAL I1VIPACT:
D.O.L Funding $ 300,000
CityofBoyntonBeach$170,948 001~2110-521-91-04
2000/2001 $38,104
2001/2002 $54,908
2002/2003 $77,936
Total Funding for three year grant $ 470,948
2003/2004 City is obligated to fund entirely at a cost of $166.510
ALTERNATIVES:
By not applying for this grant the City will have to fund these officers, or not provide this service ( bicycle unit ).
S:~BULLET1NWORMS'~AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
Police
D~parun~nt Name
City Manager's signaazre
City A~omey / Finance / Human Resources
S:~BLrLLETIlq~FORMSYA. GENDA ITEM REQUEST FORM.DOC
RESOLUTION NO. R009-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH AND THE UNITED STATES
DEPARTMENT OF JUSTICE, OFFICE OF COMMUNITY
POLICING SERVICES, TO APPLY FOR A GRANT
UNDER THE UNIVERSAL HIR NG PROGRAM; AND
PROVIDING ANEFFECTiVE DATE.
WHEREAS, if this g~an:t is awarded, the City of Boynton Beach Police
Department has the opportunity to fund: four new police officers for a Bicycle Patrol
Unit; and
WHEREAS, said grant would be in the amount of $300,000 over a three year
3eriod, with the City providing matching funds for 3 years (25% year 1, 35% year 2,
48.2% year 3), and the City being ob gated to fund entirely in year4 at a cost of
$166,510;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORI DA, THAT:
Section 1. The City Commission of the City of Boynton Beach hereby
authorizes and directs the Mayor and City Clerk to execute the Grant application to
the United States Department of Justice, Office of Community Policing,
Section 2. This Resolution shall become effective ~mmediately upon
passage.
PASSED AND ADOPTEDthis__
day of June, 2000;
Commissioner
ATTEST:
Commissioner
City Clerk
Requested C~w~C. ommission
Meetin~ Dams
[] March 21, 2000
[] 4, 2000
[] April 18. 2000
[] May 2, 2000
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Date Fit3~l Eorm Must b~ Turned
in to CiW Clerk's Office
March 8, 2000 (5:06 p.m;)
March 22, 2000 (5:00 p.m.)
April 5, 2000 (5:1)0 p~rm)
April 19, 2000 (5:00 p.m.)
Reques~l C(ty Comrdssion
Meeting Dates
[] May 16. 2000
[] June 6. 2000
[] June 20, 2000
[] July 5, 2000
IV-CONSENT AGENDA
ITEM C.3
Dam Final Form Must be Turned
in to City Clerk's Office
May 3, 2000 (5:00 p.m.)
May 17, 2000 (5:00 p.m.)
June 7, 2000 (5:00 p.m.)
June 21, 2000 (5:00 p.m.)
NATURE OF
AGENDA ITEM
--'l Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearhig [] Legal
[] Bids [] Unfinished Business
[] Aunounc~rnem [] Presentation
RECOMMENDATION:
Approval by signature of Financial Assistance Agreement for Landscaping along Hypoluxe Road from Congress Avenue to
Interstate 95~
EXPLANATION:
This is the legal conu'act document between the Palm Beach County and the City of Boynton Beach which provides for
County £o reimburse 50% of the expenses for vegetation materials, installation, and irrigation systems, which equals
$i08,094. or 38% of the total estimated project cost~ of $284,380. The County will nor reimburse the City for $68,192, the
costs of medians concrete removal, six month establ/shment period maintenance, t~affic con~ol and utility impact fees. The
City Commission approved the grant application on June 1, 1999.
PROGRAM IMPACT:
The contract document is a required component of the Keep Palm Beach County Beautiful grant the City received for the
above project.
FISCAL IMPACT:
The City has allocated the funds for payment of the total estimated project costs of $284,380. The financial assistance
agreement provides for Coumy fe-imburscunent of 38% of the landscape and imgation costs up to $108,094. The City's
matchis $176.792. Tlfis amountis te be approved in the 2000/2001 account#001-2730-572-6310.
ALTERNATIVES:
The City could elect to complete the beautification improvements w/thout the finan~al assistance agreement from the County
and pay 100% of~e project costs. ,~ ] ~
' · Cit~ Manager's Signamre
Department Head s S~gnamse
Deparunent Name
S:kBULLETIN~FORMSKAGENDA ITEM REQUEST FORM.DOC
City Attorney ~ Finance / Human Resources
RESOLUTION NO. R00-
A RESOLUTION OF THE CI'I'Y COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND
CLER EXEC
FOR:~
ROAD FROM
THE,~
improvements, on the Coua 'ty's Hyp'oluxo Road from~cong~ess Avenue to T~95; and;
WHEREASr the County supports the efforts of ,the City by providing a
reimbursement contribution for thirty of the cost of
improvements,' such contribution not to exceedla max!mum of One Hundred Eight
Thousand Ninety Four and 00/Z00 Dollars ($:L08,0g4.00) to the City for the
installaUon of the improvements; and
WHEREAS,_ the City will be responsible for maintaining said improvements;
NOW, THEREFORE, BE ZT RESOLVED BY THE CZTY COt4t4TSSZON OF
THE CZTY OF BOYNTON BEACH, FLORZDA, THAT:
Section 1. The City Commission of the City of goynton Beach, Florida,
upon recommendaUon of staff, hereby authorizes and directs the Mayor and City
Clerk to execute a Financial Assistance Agreement, providing for landscaping along
Hypoluxo Road from Congress Avenue to Interstate 95, which Agreement is
attached hereto as Exhibit "A".
Section 2. That this Resolution shall become effective immediately' upon
passage,
PASSED AND ADOPTED this day of.lune, 2000.
City Clerk
(Corporate Seal)
c~r~oW~Wnc~ ~r~ ~- Hypoluxo Rd06!200
CI'['Y OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Mayor Pro Tern
Commissioner
Commissioner
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FIN~NCIA~ ASSISTANCE AGREEMENT FOR CITY OF BOYNTON BEACH
HYPOLUXO ROAD BEAUTIFICATION
THIS INTERLOCAL AGREEMENT is made and entered into this
day of , 2000, by and between the CITY OF BOYNTON
BEACH, a municipal corporation of the State of Florida, hereinafter
"CITY", an~ PALM BEACH COUNTY, a political subdivisio~ of the-State
of Flor!da, hereinafter "COUNTY-.
W I T N E S S E TH~
WHEREAS, the CITY is undertaking the installation ofl
beautification i=~rovements, on the COUNTY's Hy~oluxo Road from
Congress Avenue to 1-95~ hereinafter "IMPROFSMENTS~; and
WHEREAS. the COUNTY believes that such effort~ are in the best,
interest of the CITY and the COUNTY and therefore wishes to sup~
those efforts by providing a reimbursement contribution for thi~tY
eight percent (38%) of the cost o~improvements~ such contributlo~
not to exceed a maximum o~ ONE HUNDREDWEIGHT THOUSAND NINETY FOUR~
and 00/100 DOLLAR~ ($108,094.00) to the CITY for the instaltatio~
of the IMPROVEMENTS; an~
WHEREAS~ after installation, the CiTY will be responsible for
the maintenance o£ the IMPROVEMENTS; and
WHEREAS, the CITY an~ COUNTY now wish ~o enter into an
agreement to provide for the COD1F~Y'S reimbursement contribution~
toward the funding of the IMPROVEMENTS; and
NOW, THEREFORE~ in consideration of the mutual covenants.
promises, and agreements herein contained, the parties a~ree as
follows: ~-~
1. The above recitations are true, correct~ and are
incorporated herein.
1 2. The COUNTY agrees to reimburse the CITY for 38% of the
2 costs of the IMPROVEMENTS, not to exceed a maxlmum amount of ON~
3 HUNDRED EIG~HT THOUSAN~ NINETY FOUR a n d 0 0 / I 0 0 D 0 L L A R S}
4 ($108,09~.00), whichever ~s less, of the cost for the initial
5 install&tio~, to beused exclusively for the IMPROVEMENTS on the!
6 COUNTyfs Hy~oluxo Road from Congress Avenue to 1-95.
~ 3. The COb-NTY agree~ to pay the CITY the amount establishe~
8 in paragraph 2 abovefcr costs associated with instsllation of thei
9 IMPROVEMENTS. This amount shall exclude any costs associated wit~
l0 permitting, design fees, other professional fees, constructio~
11 ,administration, maintenance and hardscape improvements (curb, paver
12 bricks, etc.). An exception is that reimbursable costs may £ncludel
13 the maintenance costs for an estabtis~nent period not to exceed 180
14 days from the date of original installation. Where necessary, tree!
15 grates may also be considered as a matching cost.
16 4. The COUNTY shall have no obligation to the CITY or any
17 other entity or perso~ i~ excess of the amount provided inl
18 paragraph 2.
19 5. Th~ CITY agrees to assume all responsibility for design,
20 obtaining all required permits, contract preparation, bidding, and[
21 contract administration for the IMPROVEMENTS, including payment(s)
22 to contractor(s), pursuant to all applicable STATE and COUNTY laws~
23 and CITY regulations. The CITY a~rees to install the IMPROVEMENTSi
24 substantially in accordance with the plans, specifications and
25 costa as submitted in the June 1999 application package to Keep~
26 Palm. Beach County Beautiful, Inoo Otherwise, the COUNTY will have
27 the final determination of the eligibility for reimbursement of any
28 changes. Substantial variations from the submitted plans shall
29 require prior written approval from the County Engineer's office.
i The final permit drawings must be signed and sealed by a Florida
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/~egistered Landscape Architect- experienced in roadway planting
familiar with the COUNTY'~S Stree=scape Standards Manual, and shall
6. The CITY will obtain ~o= provide all labor and materials~
necessary for the installation of the IMPROVEMENTS. The minimu~
requirement for plant stock is Florida ,~rade Number I or better,
per, Florida DeDarem~,t of A=riculture C~ns~,m,~ Services Grades anJ
Standards f0rNurserv Plant~ (most,-current edition} and must be so
specified on plans and spe~ifications. This requirement is sub~ect
to ~nspectlon by ~ designee of the Assistant County Engineer. The~
COUNTY will have'the final determination of eligibility for
reimbursement in terms of this requirement being met. The CITY
shall furnish to the Aseistant County Engineer of the COUNTY'S
Department of Engineering and Public Works with a request
payment supported by the following:
a; A statement from a Florida Registered Landscape Architect
that the IM~ROVEMENTS have bmen inspected and were installed~
substantially in accordance with the plans for the,
IMPROVEMENTS, and;
b. Paid invoices, checks, or other such documentation which is
acceptable in form and detail to the COUNTY to provide for
verification that the services and/or materials have been
performed and/or received and paid for by the CITY. Any in-
kind materials and/or labor which is included as part of the,
costs must be reasonably documented, including payroll
documentation~
7. As it relates to this Agreement, the COUNTY may initi~-~,
a financial system analysis and/or internal fiscal control
evaluation of the CiTY by an independent auditing firm employed by
the COUNTY or by the County Internal Audit Department at any time
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the COUNTY deems necessary. The CITY shall maintain adequ&=e
records to justify al~ charges, expenses, and costs incurred for at
least three (3) years after ,final payment by the COUNTY.
8. The CIT~ agrees to replace any failed materials, with
similar materials, to maintain the IMPROVEMENTS specified in the
plans, and specifications for the IMPROVEMENTS.
9~ The' C~TY agrees to be responsible for maintenance of the
IMPROVEMENTS following the installation, including providing any
water and electricityneoeesaryfor irrigation, and shall be solely
responsible for obtaining and complying with all necessary permits,.
approvals, and authorizations which are required for the subsequent
maintenance of the IMPROVEMENTS.
10. All insta!lation of these IMPROVEMENTS shall be completed
and final invoices submitted to the COUNTYno later than Septembe=
30, 2001. and the COUNTY shall have no obligation to the CITY o=
any other entity or person for any cost incurred thereafter° Also,,
aa stated in the application package, any work performed prior to,
the COUNT~'~ allocation of these funds on December 21, 1999, is not
considered eligible for reimbursement under this Agreement.
11. The CITY recognizes that it is an independent contractor.
and not an agent or servant of the COUNTY or its Board of County
Commissioners. The CITY agrees, to the extent permitted by law, to:
indemnify, save and hold harmless the COUNTY, its officers,
~m~loyeee~ servants or agents and to defend said persons from any
such claims, liabilities, causes of action and judgements of any
type whatsoever arising out of or relating to the procurement,
installation, existence, or maintenance of the IMPROVEMENTS or any'
item which is the responsibility of the CITY as the above may~
relate to this Agreement. The CITY agrees to pay all costs,
attorney's fees and expenses incurred by the COUNTY, its officers,
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employees, servants or agents in connections with such cla
2 liabi!it~es or suits excep~ as, may be incurred due to the
3 negligence of the COUNTY as, it relates =o the funding which is the
4 =esponeibility of the COUNTY pursuant to this Agreement~
5 Furthermore, the CITY stipulates tha~ the extent of the COUNTY'S
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aforeme~tioned~paymen~ obligation.
12. Th~ CIT~ shall..at all times during the term of this
A~eement maintain ~/a~ force it~ status as an insured municipa~
corporation.
13. The CITY, shall require each contractor engaged by the
CITY for work associated with this Agreement to maintain:
ao Workers, Compensation~ coverage in accordance wit~
Florida Statutes, and;
b. Co~z~ercial General Liability coverage, includin~
vehicle coverage, including vehicle coverage, in combine~
single limits of not less than ONE MILLION AND 00/1001
DOLLARS ($1.000,000.00)% The COUNTY shall be included
the coverage as an additional insured.
14. In the event of termination by the CITY. the CITY shalll
no~ he relieved O~ liability to the COUNTY for damages sustained
the COUNTY by virtue of any breach o~ the contract by the CITY an~
the COUNTY may withhold any payment to the CITY for ~he purpose of~
set-off until such time as the exact amount of damages due the~
COUNTY is determined. In the event the CITY discontinues its,
maintenance obllgation for the IMPROVEMENTS under this Agreement,
it shall be the obligation of the CIT~ to restore, if necess~~
the area o~ the IMPROVEMENTS to a condition acceptable to the~
County Engineer, which shall be in accordance with applicable,
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Federal, State and COUNTY standards. In the event the CITY fails to
restore the area of the IMPROVEMENTS to a condition acceptable tO
the County Engineer, the COUNTY mayundertake such restoration and
the CITY shall be liable for the costs of such restoration. Als~
failure by the CITY to meet its obligations, including maintenance
obligations under this agreement, shall result in the CITY, being
required to r~-pay the COUNTY its reimbursement contribution unde=
this agreement.
15. The COUNTY and the CITY agree that no person shall, on
the grounds of race, color, gender, national origin, ancestry,
martial status, sexual orientation, disability, or religion bo
exclude~ from the benefits of, or be subjected to any form of~
discrimination underany activity carried out by the performance
the Agreement.
16. In the event that any section, paragraph, sentence,,
clause or provision hereof is held invalid by a court of competent
jurisdiction, such holding shall not affect the remaining portions
of this Agreement and the same shall remain in full force and
effect.
17. All notices required to be given under this Agreement:
shall be addressed to:
COUNTY
palm Beach County Department of
Engineering and Publi= Works
Attn: Assistant County Engineer
Post office Box 21229
West Palm Beach, Florida 33416-1229
CITY
Mr. John Wilclner, Parks Director
City of Boynton Beach
100 East Bo!rnton Beach Boulevard
Boynton Beach, FL 33435
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A~ additional notice shall be addressed to:
MS. Meaoham, Parks & Landscape Planner
Boston Beach, FL 33%35
18. The parties agree that this document sets forth the
entire agreement between the parties, and that there are no
herein.
19. '~iS ~ the laws of the State
of Florida. necessary =o enforce this
Agreement shall m~ held in Palm~ Beauh County. No remedy herein
shall be in addition t~ e~er~ other remedy given hereunder or now
or hereafter or l~ equity or by statute or
otherwise. Ho single o= partial exercise by any party of any
power, or remedy shal]~ pre~l%~de any other or further exercise
thereof.
20. A~y costs or expenses (including reasonable attorney's
fees} associated with the enforcement of the terms and conditions
of this Agreement shall be borne by the respective parties;
provided, however, that this clause pertains only to the parties to
the Agreement.
21. Except as expressly permitted herein to the contrary, n~
modification, amendment, or alteration in the terms or conditions
contained herein shall be effective unless contained in a writte~
document execute~ with the same formality and equality of dignit~
herewith.
Each party agrees to abide by all laws, orders, rules
regulations an~ the CITY wilt comply with all applicable~
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governmental landscaping codes and/or requirements in the
installation, maintenance and replaoement of the IMPR~;EMENTS.
23. The parties to this Agreement shall not be deemed to
assume any liability for the negligent or wrongful acts, or
omissions o~ the other party. Nothing contained herein shall be
construed as & waiver, by either party, o~ the liability iimit~
establishe~ in Section 768.28, Florida Statutes.
24. The cITY will promptly notify the COUNTY of any lawsui~
relate~ complaint, claim, suit, or cause o~ action threatened or
commenced against it which arises out of or relates, in any manner,
to the performance of this Agreement.
25. The parties expressly covenant and agree that in th~
event either party is in default of its obligations under thie
Agreement, the party not in default shall provide to the defaulti~
party thirty (30) days written notice before exercising any of itsi
rights.
26. The preparation of this Agreement has bean a joint effort:
of the parties, and the resultiug document shall not, solely as ~
matter o~ judicial constraint, be construed more severely against;
one of the parties than the other.
27. This Agreement represents the entire understanding
between the parties, and supersedes all other negotiations,
representations, or agreements, either written or oral, relating to
this Agreement.
28~ A copy o~ this Agreement shall be filed with the. Clerk of
the Circuit Court in an~ for Palm Beach County, Florida.
29. This Agreement shall take affect upon execution and the
effective date shall be the date of execution.
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IN WITNESS WHEREOF. the parties have executed this Agree~
and it ia ef£ecti,ve on the date ,first above written.
BY
CITY OF BOYNTON BEACH.
BY ITS CITt~ COb~HISSION
By:. By:
CHAIR
MAYOR
7 (COUNTY SEAL)
(CITY SEAL)
8 ATTEST:
9 DOROTHY H. WILKEN, CLERK
ATTEST:
10 By=
11 DEPUTY CLERK
By:
CITY CLERK
12 APPROVED AS TO FORM AND
13 SUFFICIENCY
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
14 By:
15 ASSISTAIF~ COUNT~ATTOP. NEy
By:
CITY ATTORNEY
Requested City Commission
Meetinff Dateg
[] March21 2000
[] April 4, 2000
[] April 18,2000
[] May 2, 2000
CITY OF BOYNTON BEACH
AGENDA ITEM QUEST FORM
Date Final Form Must be Turned
m to City Clerk's Office
March 8, 2000 (5:00 p.m.)
March 22, 2000 (5:00 p.m.)
April 5, 2000 (5:00p.m.)
April 19, 2000 (5:00
Requested City Commission
Meetin~ Dates
[] May 16, 2000
[] June 6, 2000
[] June 20, 2000
[] Ju y s, 2000
IV-CONSENT AGENDA
ITEM C.4
Da~e Final Form Must be Turned
in to CiW Clerk's Office
May 3, 2000 (5:00 p.m.)
May 17, 2000 (5:00 p.m.)
June 7, 2000 [5:00 p.m.)
June 21, 2000 (5:00 p.m.)
NATURE OF
AGENDA ITEM
[] Adm/nistrative ~] Development Plans
[] Consent Agenda [] New Business
[] Public 1 leering [] Legal
[] Bids -[] UnfmisbedBusiness
[] Announcement [] 'Presentation
RECOMMENDATION:
Approval by signature of the amendment to the Financial Assistance Agreement dated April 20, 1999 for landscaping
/mprovements along Congress Avenue fi-om SW 23rd Avenue to Ocean Drive, to extend the time for providing reimbursement
fi-om March 31, 2000 to December 31. 2000.
EXPLANATION:
On. Apffi 20, 1999, the City of Boynton Beach and Palm Beach County entered/nto a financial agreement thal provided for
the County to reimburse 50% of the expenses for vegetation materials, installation, and in/gation systems. These expenses
equaled $40,500, or approximately 46% of the total estimated project costs of $89,000. The County would not reimburse the
City for $8.000, the costs of the six month establishment period maintenance, and traffic control. The project is currently
under yonstmc_tiun and nearing completion. The City was unable to meet the March 31, 2000 ~eadline, and requested an
extenston on the deadline. This amendment to the agreement is m extend the deadline to December 31, 2000. The City
Commission approved the grant application on July 7, 1998.
PROGRAM IMPACT:
The contract documens.~s a required component of the Keep Palm Beach County Beautiful grant th~ City received for the
above projecL
FISCAL IMPACT:
The City has al/ocated the funds for payment of the total est/mated project costs of $284.380. The financial assistance
agreement provides for County re-imbursement of 38% of the landscape and irrigation costs up to $108,094. The City's
match is $176,792. This amount is to be approved in the 2000/2001 account #001-2730-572-6310.
ALTERNATI'VES:
The City could elect to complete the beautification/mprovements without the fm,~ncial assi?tance agreement from thc County
and pay t00% oft~project costs. } ~
S :kB ~LLETIN~O RM S~AGENDA ITEM REQI~EST FORM.DOC
CITY OF BOYNTON BEACH
LeisureServices/Parks Division~
Depatunent Name
City Attorney / Finance / Human Resources
S:kBULLETIN~FORMSVxGEN DA ITEM REQUEST FORM.DOC
RESOLU'I-[ON NO. R00-
A RESOLUTION OF THE C['I'Y COMMISSION OF THE CTI'Y
OF BOYNTON BEACH, FLOR[DA, AUTHORIZING AND
DIRECTING THE MAYOR AND CTFY CLERK TO EXECUTE
AN AMENDMENT TO THE FINANCIAL ASSISTANCE
AGREEMENT FOR LANDSCAPING ALONG CONGRESS
AVENUE FROM SW 23RD AVENUE TO OCEAN DR_,'-VE, TO
EXTEND THE TIME FOR PROVIDING REIMBURSEMENT
FROM MARCH 31, 2000, TO DECEMBER 31, 2000,
BETWEEN THE CTFY OF BOYNTON BEACH AND' PALM
BEACH' COUNTY; AND PROVIDING, AN EFFECTiYE
DATE.
WHEREAS~ 0n Aprit 20, 1999, the City of Boynton Beach and Palm Beach
County entered into a financial agreement that provided for the County to reimburse
50% of the expenses for vegetation matadals, installation and irrigation systems;
and;
WHEREAS~ the City was unable to meet the March 31, 2000 deadline, and
requested an extension to December 31, 2000; and
NOW~ THEREFORE~ BE :IT RESOLVED BY THE CITY COHM:[SSZON OF
THE CITY OF BOYNTON BEACH~ FLORZDAr THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida,
upon recommendation of staff, hereby authorizes and directs the Mayor and City
Clerk to execute an Amendment to the Financial Assistance Agreement,' providing
for landscaping improvements along Congress Avenue from SW 23~ Avenue to
Ocean Drive, extending the expiration date to December 31, 2000, which'Agreement
is attached hereto as Exhibit "A".
Section 2. That this Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this day of .lune, 2000.
CITY OF BOYNTON BEACH, FLORIDA
City Clerk
(CorPorate Seal)
ca\reso~gree~nd fin Assr- Congress061200
Commissioner
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~MENDMENT TO FINANCLaJ~ ASSISTANCE AGREEMENT DATED APRIL 20,
1999 FOR THE CITT OF HOYNTON BEACH, FOR LANDSCAPING
IMPROVEMENTS
THIS AMENDMENT is made to the Financial Assistance Agreement
date~ April 20, 1999, b~ and between the CITY OF BOYRTON BEACH, a
mu~licipal ccrpor&~cn cf the State cf Florida, hereinafter "CiTZ",
and tho BOA~ OF COUNTY C0~SSZONER~ OF PAL~& BEACH COONT~, a
political subdivision of the State of Florida, hereinafter
- COUNTY,~.
W Z TNE S SETH:
WHEREAS~ on April 20, 1999, the CIT~ and the COUNT%~ entered
into & financia~ agreement prolog for p=~ f~g of
~s~ta~on of beau~ficatio~ ~ro~s on ~e CO~' S
Cong=~ A~nue fr~ ~ 23rd A~nue ~ 0~ Dri~
~, ~e CI~ is ~r~g ~ ins~lla~on of
beau~f~ation 4~ro~ts, here~ '~~S",along
CO--rs Cong~ss Avenue fr~ '~ 23rd A~nue to Oce~ Drive;
~, ~e ~RO~S have b~n ~ due
C~ being ~le to c~lete ~e oon~a=~ b~ ~e ~r~ 31, 2000
W~, ~e CO~ belie~s ~at su~ efforts
bes~ in.rest of ~ Ci~ ~d ~ CO~ ~ ~er~ore wishes
su~r~ ~at eff~ ~ ~ng ~e ~ for provi~ng
re4--~urs~n~ c~u~on for fif~ perc~t (50%) or a ~-~ of
~R~ THOU~ F~ ~ ~ 00/100 ~ ($40,500.00)
CITY fo= ~ ins~la~on of ~e ,~=ov~n=s; ~d
~, on ~riZ 20, 1999 ~ C~ ap~o~ a $40,500.00
fin~C{m] ~sis~ce agre~nt (99 625 D) wi~ ~e CIT~
pro~ fo= a c~letion ~ of ~ 31, 2000; ~d
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NOW, THERE~0RE, in cone£derat£on of the mutual
and agreements ~hereiu contained, the parties agree
followe:
1. The Financial Assistance Agreement dated April 20, 1999,
by and between ~he CIT~ and the ~COUNTIr is hereby ~m~cl~d. to
a~ follows:
D~r 3i, 200~, ~ ~e C0~ sh~l ~ve no
oblig&tio~ to the C~T~ or any other entit~ or
p~rson fo= a~y cost incurred therea~tor.
2. It is th~ intent of th~ pa~ties hereto that this
AMENDmeNT sha~L not bec0~e binc~n~ u~til the date execute~ by'
the Boarct of County C~ ssioner~ o£ Palm Beach County.
3. All other provi:s£ons of the Financial Assistance Agreeme~.~
dated April ~0, ~999, shall rema/~in full force and effect.
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IN WITNESS Wg~EO;r the parties have executed this Agreement
and it is effective when executed by the Board of County
Commissioners.
(CZ'I"'/ SEAL)
CIT~ OF BOYRTON BEACH,
BY ITS CITY CO~IZSSION
APPROVED AS TO FORM ~ND LEGAL SUFFICIENCY
By:
CZT~ ATTORNEZ
M~XOR
PALM BEACH COUNTY_
( COUN~ SEAL)
PALM BEACH COUNTY, FLORIDA, BY ITS
BOARQ OF COUNT~ COMMISSIONERS
DOROwH= H. WILKEN, CLERK
19 By: By:
20 DEPU~=CLERK C~aTR
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A~P~A~rE~ AS TO FOI~ AND LEGAL SUFFICIENCZ
By.-.
ASSISTANT COUNT~ A'A'A'A'A'A'A'A'A'A~OR.NE~E
Requested City Commission
~eetin~ Dates
[] March 21, 2000
[] ^~il 4.20oo
[] April 18,2000
~I May 2. 2000
CITY OF BOY-NTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form.Must be Tm'ned
in-to City Clerk's Office
March 8, 2000 (5:00 p.m:)
March 22, 2000 (5:0Op.m.J
April 5~ 2000 (5:06 paI~)
April 19,2000 (5:00 p.n~)
Requested City Commission
Meetin¢ Dates
[] May 16, 2000
[] Jtme 6, 2000
~ Jtme20-20oo
[] July 5. 2000
IV-CO NSENT AGENDA
ITEM C.5
Date Final Form Must be Turned
in to City Clerk's Office
May 3, 2000 (5:00 p.m./
May i7, 2000 (5:00 p.m.)
June 7, 2000 (5:00 p.m.)
June 2L 2000 (5:00 p.m.j
NATURE OF
AGENDA ITE1Vt
[] Administrative [] Development Plans
[] Consent Agenda [] New BusineSs
[] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
RECOMMENDATION: To authorize and direct staff to apply for Phase VII, Palm Beach County Roadway Beautification
50/50 matching Grant, and preparation of resolution by City Attorney office.
EXPLANATION: Continuation oflandscape/irrigafiun improvements to Cong~tess Avenue roadway medians on Congress
Avenue located between Old Boyn[on Road and Quantum Boulevard.
PROGRAJvl 131_PACT: The project is a culmination of the Congress Avenue corridor beautification nnProvements now
underway on North and South Co~gress Avenue.. The .m~.. dians ~will be hig. h~y visible to t~e the mot, o. rin5public, on ~_ne aOdf the
major roadway corridors in our City. These medians vail complement exastmg lannscapmg on mectmns tocama norm an
south of the project location.
FISCAL IMPACT: The total estimated project costs are $321,665. Palm Beach County will reimburse a successful grant
application for 50% of the installation costs equating to $160,832.
ALTERNATIVES: The projecr could be completed without the grant applicatiun andthe City would pay 100% ofthe
installation costs. The City could elect to improve fewer than 13 medians and reduce project costs.
Department Head's Signature
Leisure Services/Parks Division
Department Name
City Manager's Signature
City Attome~ / Finance t Human Resottrces
S:~BULLET!N~ORMS~AGENDA ri'EM REQUEST FORM.DOC
RESOLUTION R00-
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY
TO
WHEREAS, the CITY is desirous of undertaking the installation
of landscapin~ .improvements, including: any irrigation as may be
necessary. On Congress Avenue between Old Boynton Road and
Quantum B°Ulevard; and
NOW~ THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
THAT:
Section 1. This Commission does hereby authorize and
direct staff to apply for the Phase VII, Palm Beach County Roadway
Beautification 50/50 matching Grant, for funding of improvements on
Congress Avenue between Old Boynton Road and Quantum
Boulevard~.
Section2 That this Resolution shall become effective
immediately upon passage.
PASSED AND ADOPTED this __ day of June, 2000.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Mayor Pro Tern
Commissioner
Commissioner
ATTEST:
City Clerk
(Corporate Seal)
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meetin~ Dates -in to City Clerk's Office
Requested City Commission
Meeting Dates
[] May 16,2000
[] June 6, 2000
[] June 20. 2000
[] Jaly 5, 2000
[] ~March2l, 2000
[] April 4, 2000
March 8, 2')00 (5:00 p.m3
March 22, 2000 (5:00 pan.)
[] April 18,2000
[] May 2, 2000
April 5, 2000 (5:00 p.m.)
April 19, 2000 (5:00 p.m.)
IV-CONSENT
ITEM C.6
Date Final Form Must be Turned
ibm CiW Clerk's Office
May 3, 2000 (5:00 p.m.)
May 17, 2000 (5:00 p.m.)
June 7, 2000 (5:00 p.m.)
June 2I, 20~)0 (5:00 p:nt)
NATURE OF
AGENDA ITEM
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] UnfiIdshedBusiness
[] Announcement [] Presentation
RECOMMENDATION: Motion to approve a Water Service Agreement Outside City Limits between Cascade Lakes, Ltd.,
and the City of Boynton Beach.
EXPLANATION: Cascade Lakes and the City entered into an Escrow Agreement for Water Service on March 18, 1999
Under the terms of this Agreement, the Agreement was to be held in escrow 60 days pending the closing on the purchase of
the property. The sale did not close within the designated time period. Once again, Cascade Lakes contemplates completion
of a conurac~ to purchgoe property from Stanley and Barbara Levy. The Levy's have permitted Cascade to proceed with their
concurrency and PUD zoning request to Palm Beach County. This matter has been rewewed by our Utility Department and
they have no objections.
PROGRAM IMPACT: Expands water service outside corporate lirrdts, enhancing future annexation.
FISCAL IMPACT: City collects 25% surcharge above standard.
ALTERNATIVES: Not to grant the Water Service Agreement, which will unnecessarily hold up their project, or make no
agreement. The effect of the latter would be that the developers obtain water front another source; or hold development until
.a~exafion into the City.
~ Deparlme~e~d~s Signamre ' ~ity Manager's Signature
City Attorney
Department Name
City Attorney / Finance / Human Resources
S:~B ULLETfl~FORMS~AGENDA ITEM REQUEST FOILM.DOC
RESOLUTIO~ NO. R00-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
~U~HOR~Z~NS ~ DIm~C~IN~ ~E M~O~
WATER~S~V~CE OUTS!DE~,THE~.?~C~TYn~LIMITS ~
COWNk~rFO~ k~WZ~O~'BZ~Em~ ~Z C~T~ O~
.prev~ous%y entered ~intol a~_~Water Ser~iSe ~.A~re~ment
Service Outside city Limits on March 18, 1999; and
WHEREAS, the City and Cascade Lakes have
execute a the Water Service Agreement
Casc~e La~ and t-b~ C~ity of Boynton Beach
~or Ware=
agreed to
uo extend the expiration
date to January 30, 2001, and increase the Equivalent
Residential Connections from 36 tO 50; and
NOW, THEREFORE, BE IT RESOLVED BX THE CITY COMMISSION OF
THE CITY OF BOYI~TON BEACh, FLORIDA, THAT:
Section 1. The Mayor and City Clerk are hereby
authorize~ and directed to execute a Water Service Agreement
between the. City of Bolrn=on Beach, Florida and Cascade Lakes,
Ltd., said Agreement being attached hereto as Exhibit "A".
Seccion 2. This Resolution shall become effective
immediately upon passage.
PASSED ANDADOPTED this
day of June, 2000.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Mayor Pro Tem
Commissione=
Commissioner
City Clerk
AGREEMENT FOR WATER SERV~ICE AND COVENANT FOR ANNEXATION
BY CONTRACT PURCHASER OF LAND OUTSIDE THE CITY LIMITS
THIS AGREEMENT made on this day of ,
19 , b.y a~d between · ~
h~n~*~-~' ~It~ ~ '"c. Us~omer~(~.~ and the CITY OF BOYNTON BEAch,
a ¢amnicipat c~rporation of ~he s%ate of Florida, hereinafter called
the "City'~.
WBIEREAS, Cusnomer has enmered into a contract mo purchase! real
property outside of the jurisdictional lmmits of the City of
Boynton Beach, Florzda (heremnafter referred to as "PROPERTY~i~ and
WHEREAS Customer has requested ~hat the City of Bo~nton
Beach, Florida agree to provide water service to the PROPERTY:; and
WHEREAS, the Customer acknowledges that the City has no
obligation mo provide water to uhe PROPERTY, absent this agreemenm.
WHEREAS, the City of Boynton Beach has the ability uo provide
water service to Customer's PROPERTY; and
WHEREAS, the City of Boynton Beach has a policy which
conditions the grant of water services outside of its
jurisdictional limits on annexation of the PROPERTY to be serviced
into the City at ~he earliest practicable time.
WHEREAS, the parties zntend for the Escrow of this Agreemen~
and the Power of Attorney referenced herein pending Customer's
closing to acquire the PROPERTY;
NOW THEREFORE, for and in consideration of the privilege of
receiving water service from ~he City of Boynton Beach and the
mutual covenants expressed herein, nhe City of Boynton Beach and
the Customer, his heirs, successors and assigns, agree as follows:
1. The City agrees to provide Customer with water service
from its Municipal Wa5er System ~o servzce the PROPERTY described
as follows and which Customer represents zs owned by Customer:
SEE LEGAL DESCRIPTION: EXHIBIT
2. The Customer and the City hereby agree that there are
__ Equivalent Residential Connections which City shall service.
3~ The Cus5omer agrees no pay all costs and fees of
engineering, material, labor, installation and inspection of the
facilities as required by the City of Boynton Beach Code of
Ordinances or Land Developmenn regulations to provide service to
the Customer's premises° The Customer shall be responsible for
installation in conformance with all codes, rules and regulations
applicable to the installation and maintenance of water service
lines upon the Customer's premises. All such lines shall be
approve~by the Director of Utilities and are subject to inspection
by the City Engineers. The City ghalI havre the option of ,either
requiring the Customer to performt~e work necessary~to conform the
lines or the ~City may have ~he~ work performed o~ .b~kalf .of the
Customer, in which case ~he Customer will pay in advance all
estimated costs thereof. - In the event the City has such work
performed, the Customer will also advance such additional funds as
may be ~ecessary to pay the total actual costs, incurred by the
City.
4. ~ Any.water main extension made pursuant to thisAgreemenu
shall be used only by the Customer, unless written consent is
g~anted bY the Ciuy of B0!rnton Beach for other parties to connect.
All connections shall be made in accordance with the Codes and
regulations of Boynton Beach.
5. Title to all mains, extensions and other facilities
extended from the City Water Distribuuion System to and including
the metered se~zice to Customer shall be vested in the City
exclusively unless otherwise conveyed or abandoned to the property
owner.
6. The Customer agrees to pay all charges, deposits and
rates for service and equipment in connection with water service
outsidel the City limits applicable under City Ordinances and rate
schedules which are applicable which may be changed from time to
time, ~including surcharges ~t the maximum raEe allowed by law.
7~. Any rights-of-way or easements necessary ~o accommodate
the corinections shall be provided by the Customer to the City.
8. The Customer shall, contemporaneously execute and deliver
'to the iCity an Irrevocable Special Power of Attorney granting to
the City the power and authority to execute, process, approve and
record, on behalf of the Cusmomer, and it's successors in title,
a voluntary petition for annexation. Customer covenants that it,
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its successors, shall cooperate with the City and not raise
opposition or challenge 5o such annexation if and when annexation
is initiated.
The PROPERTY shall be s~ject to annexation at the option of
the ,Ciby at_~any time the PROPERTY iS,~e!~igible~under ~a~¥ available
means~ or~eth~d.~for~ ~eXati~n.~ CuStgmer covenant,s tha~Lt will
inform an~ akd a!!.~a~s~i~ ~ purd~asq~s.~o'~ 'a~y or~ p~t~[~Qf ~thls
PROPERTY ~o~ :th~S
=~ .-~
witl
Publ~
mud
10. I~ is agreed that the City s~all have no liability in the
's a ~eduction, impairm~ht or terminati°n in water
event.-the~e m , ~ -
service,! ~o~[~ be ~prov~ded~ ~under :~his .Agreement ~due ~ tO any
prohi~i%io~., ~estrictions,.limitations orreq~irements ~f:~OcaI,
reglonat, .~ta~e:~or Federat agencie~.l.or other, agencses having
jurisdiction over such mauters. Also, the City shall'have no
liability in 5he event there is a reduction, zmpairment-or
term~kio~ of Wauer service due ~toI acts of< God/ ~cidents,
strikes., lb~ycottS, blackou~, fzre, .earthquakes~ other c~s~altzes
or o~ker 6~cums~nces beyOnd, the City's.~reasonable ~ontro±~.
L1. ~The Customer .hereby agrees ~o indemnify, defend~a~d hold
harmless the City oE Boynt~n Beach, Florida, its Mayor, Members of
the O~ty~ommiss~on~ 0f~fice~empl°y~es ~a~d agents(mothii~ their
indi~-uaiiandoffiCiat~ capacities) f~0m and against al~~claims,
damage~, ia~ sdits and expenses including reasonable atto~eys fees
(whether iom' no~.lincurred ~on appeal Or in co~nnection ~ith post
judgment ~O~le~tion)and co'ts rising!0utof or.~[resulting[frOm the
~usto~er.sJ!oblDg~tion~under or perEormance !pursuant to this
Agreement.
12. NO- additional agreemenss or representations shall be
binding on any of the parties hereto unless incorporated in this
AgreemenE. No modifications or change in this Agreemen~ shall be
valid upon the parties unless in writing executed by th~ parties ~o
be bound thereby.
13. This Agreement shall be placed in escrow, 5o be held by
the City of Boynton Beach City Attorney's Office ("Escrow Agent#),
until the Customer has purchased the PROPERTY described herein from
the current ownerf or until the day of ,
200 whichever occurs first. This Agreement and the power of
Attorney referenced herein shall, be recorded in the Public Records
of Palm Beach County contemporaneously with the recording qf the
conveyance document, from Owner to Customer, at the expense of
Customer. The Escrow Agent shall be notified in writing ~no less
than ten (10) business days prior to the closing and upon such
notification shall be~authorized, to deliver this Agreemen~ and the
Power of Attorney to the designated closing agent to effectuate
recording. If t~e Customer has not purchased the P~OPERTY on or
before the date stated above~ this Agreement shall be~nult and
void.
14. This agreement is not assignable.
IN WITNESS WHEREOF, the parties hereto have seu their hands
and seals this day of , 200 .
WETNESS:
CUSTOMER:
(As to CUSTOMER)
(As to CUSTOMER)
FOR INDIVIDUAL(S) NOTARIZATION:
STATE OF'FLORIDA )
)
COUNTY OF PALM BEACH)
I HEREBY-'CERTIPY that on this, day~ before me, an officer duly
authorized in':the~State 'aforesaid and in the County aforesaid to
take personally appeared
afc
~Not ary ' se~l )
WITNESS:
Notary Public
C!TY',~OF BOYNTON BEACH,
FLORIDA
Mayor
ATTEST:
City Clerk
STATE OFFLORIDA )
)
COUNTY OF PALM BEACH)
SS:
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to
take acknowledgments, personally appeared ,
Mayor and , City Clerk respectively,
of uhe City named in uhe foregoing agreement and that they
severally acknowledged executing same in the presence of two
subscribing witnesses freely and voluntarily under authority duly
vested in them by said City and that the City seal affixed thereuo
is the 5rue corporate seal affixed thereto is the true corporate
5
WITNESS.my hand and official seal in the Counsy and State last
aforesaid this day of , 200
(Notary Seal)
Approved as to
form:
Notary Public
Legal Description Approved:
City Attorney
JAC
REV.G61200
7
?HIS INSTRUMENT PREPARED BY:
James A. Cherof,-Esquire
Josias , Goren, Ch~rof, Doody & Ezrol, P~A.
3099 Bast Con~nercial Blvd.
Suits 200
Ft. Lauderdalet FL 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Corporation)
STATE OF FLORIDA
COUNTY OF
I/We, CASCADE LAKES, LTD., hereinafter "Grantee"t hereby make,
constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, True
and lawful attorney in fact for Grantee and in Grantee's name,
place and stead, for the sole purpose of executing on behalf of
Grantee the power to initiate, maintain, and complete a voluntary
petition for annexation of the real property described herein into
the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF
BOYNTON BEACH full and complete authority to act on Grantee's
behalf to accomplish annexation by any available means. The real
property which is the subjecn of this power is described as
follows:
SEE EXHIBIT "A" ATTACHED
The powers and authority of my attorney, THE CITY OF BOYNTON
force and effect on
and the powers and
BEACH, FLORIDA,
the day
authority shall
IN WITNESS WHEREOF,
shall commence and be in full
of 200
be irrevocable by Grantee.
we have hereunto set
the __ day of
our hands and seals
in the year two thousand
C~SCADE LAKES, LTD., a Florida
Limited Partnership
Witness
Witness
'BY:
STATE OF FLORIDA )
COUNTY OF P~LM BEACH
THEFOREGOING INSTRUMENT wasacknowledged before me this
day o~ ,'19 ~ ~/ by and
, 'who is known to me or who has produced
- ~ : ~ , as identification and who did/did not
take an oath.
My Commission Expires:
NOTARYPUBLIC
Type o'r ~rint-Name
Commission
No.
POA.corp.
- Requested City Commission
Meeting DateS
[] Mamh 21, 2000
[] Aprit4. 2000
[] April 18,2000
[] May 2, 2000
NATURE OF
AGENDA ITEM
IV-CONSENT AGENDA
ITEM D.1
CITY OF BOYNTON BEACI
AGENDA-ITEM REQUEST FORM
Date Final Form Must be Tumed
in to City Clerk's Office
March 8, 2000 (5:00 p.rm)
March 22, 2000 (5:00 p.m.)
April5, 2000 (5:00 p.m.)
April 19,2000 (5~0p,m.)
[] Administrative
[] Consent Agenda
[] Public Hearing
[] Amlooncement
Requested City Commission
Meeting Da[es
~ May 16,2000
[] June 6, 2000
[] June 20, 2000,
[] July 5, 2000
Date Final Form Must beTumed
m to City Clerk's Office
May 3, 2000 (5:00 p.m.)
May 1,7, 2000 (5:00 p.m.J
June 7,2000 (5:00 p~m.)
Jun¢21, 2000 (5:00 p.m.)
[] -DevelopmemPlans
[] New Business
[] Legal
[] Unfinished Business
[] Presentation
RECOMMENDATION: Please place the mqu~est below on the June 20, 2000 City commission agenda under Consent,
Ratificati°n °f the Plarming and Dev&l°Pmerit Board hction. The Plauning and Developmant Board with a unanimous vote,
recommended approval subject to staffcomments. Please note that condition #16 has been revised to reference the minimum
design criteria for recreation amenities used to obtain a fee credit, and condition g25 has been expended to emphasize that the
boardwalk will not be required if permits fi:om ?utside agencies cannot be obtained. For further details pertaining to this
request see attached Department of Developmefit Memorandum No. 00-159.
EXPLANATION:
PROJECT NAME:
AGENT:
OWNER:
LOCATION:
DESCPdFrlON:
ALTMAN AKA BAY VISTA
Chris Kerr, Kilday and Associates, Inc.
David E. Blankenhelm
South Federal Highway northeast of the intersection with SE 234 Avenue
Request for new Site plan approval to construct a 286 unit multi-family development on 14.33
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A .
Departmh~i~ of Dev~lopmen~ D'n~ector
City Manager's Signature
f~larming and Zoil~g"IJirector
City Attorney / Finance / Human Resources
MEMO
PEANN[NG AND DEVfSI~OP~EN'~ E~OARD A'ND CITY COMMISSION
June 5,2000
DESCRIPTION ~OF PROJECT
Project Name/No.: .Altmant Bay Vista/NWSP 00-005
Property O~ner:~ Jean L, Merkel and Martha Bant ng
D amond Beach" Development Joint Venture
' ' .~iDavid E. Bl~nker~hejm,?Frustee :' , i
Rebecca P; Merkelq'~st/JUdith ~ne Uerket Howard Trustee
· . TaiWah On, [nc. ' :'
Applicant/Agent: - '; AttmanOevelopment Corporation (Contraot Purchaser)/Ghds Kerr, Kilday & Associates.
1~..
Location:
.:Eastern- .,,..terminus of SE 23rd Avenue on the east side Of Federal Highway (US-1)
Land Use/Zoning: Existing: 1;I .89 acres @ Special High Density Residential IR-3
Z44 acres @ L~cal Retail Commercial/C-3
Type of Use:
proposed:" 14 33 acres·@ Spec al H gh Densty ResidentiallR-3
Multifarni y Residential
Pr~ectsize:
Site Area:
No. of Units:
Floor Area:
Density:
14.33 acres (624,215 squarefeet~
286
323,560 square feet
19.96 du./ac.
Adjacent Uses:
(see Exhibit "A" - Location Map)
North Seagate of Gulfstream Condominiums zoned R-3;
South
Hampshire Gardens Co-Op zoned R-3;
East
Intracoastal Waterway (ICWW); and
West
Right-of-way for Federal Highway,
Site Characteristics:The subject 14.33 acre parcel is a compilation of several parcels which are currently under
separate ownership· Existing development on site includes two (2) vacant restaurant
buildings (Gentleman Jim's and Strebbs) on the southwestern portion of the site and the
Alberts & Merkel Bros. Nursery on the northwestern portion 0f the site. The balance of the
property consists of a vacant lot and a mangrove preserve area. The applicant submitted
an Environmental Assessment prepared by Environmental Services, inc. for the site. Most
of the vegetation found in the urban land area consists of exotic or nuisance species. The
mangrove swamp contains predom nantly Black Mangrove with Red ant White Mangr(c
occurring in the canopy. Exotic and nuisance species are found on the perimeters of
mangrove swamp and the northwestern corner, where there Is disturbance from the
commercial nursery. Wildlife observed in the mangrove swamp area include: fiddler crabs,
Page 2
AItmant Bay Vista)- Site Plan Review Staff Report
Memorandum No. PZ 00-159
raccoon, little blue heron, yellow-crOwned white heron, white ibis, prairie warbler a~d
yelloW'rumped warbler. No nesting activty was observed on site.
Proposal:.
Concurrency:
a. Traffic -
An "Existing Tree Documentatior] Report" was submitted by Michael T. Schale the
tandsdape architect for the project.; The total number of trees on-site is 178 of which 96 will
roma n ~)r be [:el0cated on s te:~r~d 82 existing trees wilt be replaced.
The develoPer proposes to construc~ 286 luxury rental apartments in four (4) buildings on
14.33 acres. Each building will be four (4) stores hgh and contain a mix of one, two and
three,bedroom units. Parking wil be provided using surface lots and two (2) park ng garage
structures. ,In.addition .18 units w Ii have pr vate garages. A 10 560 square foot, two-story
clubhouse bu!!dihg~ a swimming poo and one (1) tennis court are the recreational
inanities provided (s.ee. Exhibit B. -- Proposed Site Plan).
A traffic statement for; this project was subm tted and sent io the Pa m Beach
Ceunty-;TraffiC Dbision-for their review and approval. ;Prior to fina approva, staff
must receive coafirmati~n fi'om Palm Beach Cour]tys Traffic Divis on regard ng
standards comp anco.
b. Drainage-
Conceptual, drainage information was provided for the City's review. The City's
concurrency ordinance requires drainage certification at time of site plan approval
The Engineering Division is recommending, that the review of specific drainage
solutions be :deferred until time of permit review~ 'when more complete engineering
documents are required.
Driveways:
There is one (1) main entrance proposed for the development located at the southwestern
portion of the site on Federal Highway (US-l). This entranceway lines up with a signalized
median opening on Federal Highway (US-l) allowing both right and left turns from the site.
The ddveway has a 24 foot entrance and a 30 foot exit separated by a 12 foot median.
Entrance to the development will be restricted by an. unmanned, electronically operated,
security gate. The gate is ~oposed [o be located approximately 100 feet from the right-of-
way for Federa H ghway (US-l), thereby providing safe stacking space for approximately
five (5) cars.
Aisc proposed is a 12 foot driveway prov d n9 an exit onto Federal Highway (US-l) from
the parking garage. This will be iestricted to exits only by use of an electronic gate. An
emergency access s provided at the northwestern most portion of the site. This 20 foot
driveway will be equipped with an electronic emergency access system and will remain
closed to the pub c.
Parking Facility:
The parking spaces required for the residential portion of the project, 548 spaces, have
been tabulated based on the applicable per bedroom ratio required by the land
development regulations. The project proposes to include a total of 556 spaces, including
11 handicap accessible spaces. All spaces, e~(cept handicap spaces, will be dimensioned
nine feet by sixteen feet (9'x 16') with a two (2) foot overhang using wheelstops.
The 556 parking spaces will be distributed as follows: 204 sun'ace spaces, 334 structure
parking spaces and 18 pdvate, garage spaces. Two park ng structures will be provided on
site. The main; two-level structure will be located in the western portion of the site along
Page 3
Airman/Bay Vista)- Site Plan Review Staff Report
Memorandum No. PZ 00-159
Federal Highway (US-l): The second two-level parking garage is located in the n0~%,~
centrat portion of the site adjacent to Building Type III.
The'proje~:does not
A total Of'nine
to allow a reduction
filed an-
mai amenities:
the clubhouse, pool
H. e, fl), (4) and (12)
of
site. A
area;,
Building and Site:
Community Design:-
porated :into the
mmon
a
~nima! color
nant color with
of terracotta
lavish landscaping
proposed
Comprehensive
Plan Issues:
w~
Land use Problems
in the Conservation
to
defined by the
=foment Table 24. Site
building setback
the southern portion of
height for t~e
Page4
AItman/Bay Vista)- Site Plan Review Staff Report
Memorandum No. PZ 00-159
Signage:
Bay Vista project is four stories.The ..... Design Considerations" therefore call for a setback-ef~
100 feet. The applicant has responded to this consderation by using a building des gn that
staggers the setback along-this s de from 30 feet to 62 feet; The clubhouse has a setbaCl~
of 30 feet in, this area wth a'large open .space between the, clubhouse and the Type 1
apartment buildin~ to the wes[. The required five (5~.~octlandscape buffer s prov ded a cng
the southern per'meter of-the project site. In add tion the app icant has. 'met with the
Hampshire Gardens Associatien and conveyed to staff that they received a ,favorable
response to their proposal. (This project Support has not been confirmed through direct
contact with City staff.)
Also
bounds
sh~
ICVWV
seth
The
The project is pr0posi~.g ~,, hcve twg (2) si~gps('-~n~,;ox eac;ff ? ~e,.of ~e. entrance wall
feature, f~¢ the ~ih e~an~. ~bese signs ~ee~,t~e, Cit~'~:,~jgn;~q~feme~(s pe~;Chapter
21, AKicle I~, Sec. 1. :D; N~. ~St~dding s g~ ~'~rdp~e~:~or;-t~ 7site. (~e~ E~h b t "C"
Conditio'n~ of Approv~l~ "~
RECOMMENDATION:
Staff recommends that this site plan request be a~p~v~; subj~to the c0mme~inqlude¢~i~hibit "c" -
Cond tions of Approval. The Technicsl R~i&w Co~mi~te~ (TRC~:r~emmend~ {hat ~:~ ~¢~ dent fled n
th~s exh~bit be corrected on the set of plans subm~e~
xc: Central File
S:~lan ninglSHAR E D\WPt, PRO J ECTS'C,[t ma n BAY VISTA NWSP~TAFF REPORTAItman Bay Vista.doc
LOCATION MAP
EXHIBIT A
/
/
. - ?j
3200
LOCATION MAP
TRC RESUBMITTAL 05-29~00 ~
~ - EXH
) ~ IBIT
1 RC RI~S UBM [ 1 FAL 05-29-00
EXHIBIT B
Conceptual Main Entrance Character Elevation
EXHIBIT
EXHIBITB
Legend of Drawings:
L~I
L-30ve~'all~rno~ ~rea ~n?ca~Si~lantit3g ,Plan.(2 of 5 )
;b,4 ,,Overall Gommon Area Landscape ptanting Plan 3 of 5)
L~ OverallCqmmon Area Landscap~ Planting Plan (4 of 5)
L-6 o~er~lI,Common ~rea bandscape Planting Plan (5 of 5)
L~7 ;GompesitePJantMatedalsLis~G~eralNetesand,~Sp~cglcations
L-8 Co~ep ua Ma R ~n ance Feature P an and E eva
Location Key Map
Scale 1 "= 50'
Of: 8
EXHIBIT
EXHIBIT "C"
Conditions of Approval
Project name: Altman Bay Vista
File number: NWSP 00-005
Reference 3rd Review, New Site Plan. File# NV~SP 00.005 with a Ma? 30, 2000 Planning and Zonin~
DEPARTMENTS , INCLUDE REJECT
PUBLIC WORKS
Commenta: NONE
UTILITIES
Comments: NONE X
FIRE
Comments: NONE X
POLICE
: C~mme .nrA: NONE X
ENGINEERING DIVISION ·
Comments:
' t. ~ Provide several cross sections along the north boundary line depicting the I X
~ f'mished grades between the proposed development and twenty-five (25) feet
. into the abutting properties.
2. At time of permit review, provide a satisfactory abandoment of those X
easements shown on the boundary survey necessary to construct the
proposed improvements.
3~ If the handicapped accessible path is lower than the abutting sidewalk, show X
· the sidewalk at the same grade with a ramp up on both sides.
BUiLDiNG
DIVISION
Ccmments:
4. i Identify the floor elevation that the design professional has established for X
the building within the footprint 0fthe clubhouse and guardhouse.
5. At tune of permit review, provide a copy of the recorded City of Boynton X
! Beach easement release form that would authorize the guardhouse, pool
Ipavilion, pergola, pool fence, retaining wall. Boardwalk and ramp to be
Project name: Altman Bay Vista (NWSP)
File nmnber: NWSP 00-005
DEPARTMENTS INCLUDE REJECT
............ · ~ ~11- from the ' '
constructed wathm:the easement ORrem0~e ~S~ &mnag~z~.
easemen~' .... ~ ......:>..; ,' ..... .-
6, At time o~,permi~.ke~iew, submit a ¢°PY. of.lhe re~dea~resolufion that X.-
verifies the aband, .onment of the 20 feet w~d~ mgre~s ¢i egress ~asement, 40
~ee~t, ~.au~ ~d~4[0f.e~et ~i4~ d~mage easements, [t~et %~)~ ~oad .xese,~tmn and .....
10 fee,~ w~ide yqater~ gas and electric easment tha~t are.shown qn the P!ante:
7 At , ~ re mw r~deacom let..~...a~.executedG~tymty.o X
fftte :foo~r~a'? .Th~ e.~t'0rmq, halt d~scri~ ail Iots;p~e~ or ,tracts ¢gmbined ~ one ·
let. A~¢~w~ deed w~ leg~ d~qnPtron$of~eaeh pyo~,,.,.fl~ ~n,, ~ ~
umf~':~!~,l~.~h~ ~tte~d 5vhe~n progesamg ~, ~ne property owner
that i~}~i~ti~a*i~'~k,d~e~d shall match:the pr,~rtY 6wnei that is
hbw on ite di t ** t at ach X
bui~ et ba~ eorh the a~j~tt~n~ ~P.?r~ l~es? please ~note [ . ·
;4d~/~d'W~a3~g, 6ado/~i~ awafing or other appurtenances
tiiat d;tOi~ buflfljng ~hall be con}id~0d when ~dentifying
~ ~ ~e~f6~,:ih~fify ~iic6 ~at~Sdrth~ pr0Poged overhangs, ' '
' revere ~a~ffa~/s, ~gP'tes, awnings, a~d~ ~o~ 0~Or rg0fed areas tho extend
o~:be ~d~m~walls Of the,braiding, .~' e,b~ldmg setbacks shall
~ ~J~. ~,~il~a~c~fegut~atigns, specified ig ~ Zoning Code
9. At tm~ of ~t rey~ew~ ~¢~m.~for. rev~w..~'~.~[sm~ El ~an for the
10. A~: '~. ,of Permit r~ iew, lm~vid.* detail ~ed dv,awiggs and documentation °.n X
the P!~ tha~wiil V~.that the, ~ccessible ~?t~ that a~e¥ishqwn on the s,te
plan ~ consistent ~ the r~Opg ~i~th~F~ H0g~i~g ~&et as ~et ~rth ;
in 760[23 (10) Of th~Flori, .da Sta~tes. ' The d0~ntati°Wshall include, but
not li~i~a m~iden~ing ;the ~.e of materi~ pi?posed for the route, type of,
route ~cludn~g- wh,~e~ apph¢fib[~, landiggs;~am, PS and h~drafl~
11. Clarif~ the ,square ~qt floor area of each, type 0f tma~ The floor areas that X
~id~tified~ior~ th~hart:fou~nd ,on ~e Site p!mdo not match the floor areas
that a .identified ithe tl°0 plan dra ngs:
12 At~eofpermitrekiew,:submitanapplicatio~fordemolishingtheexastmg' X
13. Com~ ,F,mce with th~ building tqm!es wi~[ be ev, uated at t~me of permit X
t ¢ ermt ~ er a ,-sewer~c~ fees, F~re and Lxfe Safety
revto~ . Th p t~ e, wa~ ~ . t~ty .
fees,:¢ouray fees a~ State~ees'mdl be get .e~m~eg at,the ttmed of penmt
revieXY. .: :. , .: :
Project name: Altman Bay Vista (NWSP)
File number:. N-WSP 00-005
Page 3
DEPARTMENTS
INCLUDE REJECT
~4. Permtts are required to construct the improvements that are shown on the X I
~pp.r. ov~d.s~t~e p~an/cgndition.al use dgcuments. Permit applicatio~ forms are
available lin the Building Division of the Development Department. A
~p.erm? submitta.1 checklist is available in the.Building Division. The list
~dea)~t~es 0aC basic ~q?ments~that the Plans Analyst checks for when an
applicant subii~its for permit review~
,PARKS AND rmcREAT oN , - ·
Comments: ~ · ~ . ·
,~ ? 15. In order to receive the Natural ResourceCredit as detailed in Chapter 1~ X
Articl~ V, Section 3. A. 2. (1), the following factom:need to be addressed in
i' mangrove/wetland area:
a. public access
. b. management and maintenance plan
c. proposed restoration methods
d. the proportionate size 0f the habitat to the entire development
· e. the existence of protected species within the habitat
16. List on the site plan the site elements f~whjch recreation credit will be X
provided per the local park basic reqUir~ne~ts listed in Chapter 1, Article V
ec. 3., (6) (e). ·
17. Since the property is not'required to be platted, the recreation dedication fee X
Wilt be due prior to the building permit being issued.
: FORESTER/ENVIRONMENTALiST -
Comments:
· 18. ~he applicant must obtain permits from the Department of Environmental X
Protection~ (DEP) in reference to the existing mangrove trees on the
' individual land parcels combined into the One s~te plan~ The set back
r~equirements for the mangroves may be a greater distance for the City of
Boynton~ Beach Comprehensive Plan, than the DEP setback requirements.
PLANNING AND ZONING
Comments:
19. The environmental assessment which was submitted should also include a X
detailed preservation plan for the mangrove area.
Projec[ name: Altman Bay Vista (NWSP)
File number: NWSP 00-005
Page 4
· ' INCLUDE REJECT'
DEPARTM~,NTS
20. Delmeatoth¢~C0mpr:ehens3vePlan: ~rvaUpn:~y.e~l~y'-,.bgunc[ary 0n the,
areduetion'inparki~greqUir~tllp:~ro.a, fi6n~alj/:ame~i~,: ~ ?.?i .-:~, ~ '
22. A code 7¢at~lance:m.r~l, mr~ffPur~aan'ct0 ~h; ~, S~, 5. q. 2. a- to~a!10~v a
23 A cod~variance is rcRui~d pursuarq;to;Ckk 2, S~e. 4, 3[. L, to allow an e~ght.
24 S ecl' ¢olorsfor~i~g,4~.tm-~,S,h.~qn~P~gn/draw~gs,'f°r . X
the pa]~'ng garage ~nting.Ee~er~:~'ghway. ' .
25. Pennaifrom Army ~orp. of E~ne~s (Ca ,and _SF~ y~l! b~ yequire~ ~ , I,',' X
regards' construction in an~aro~nc[lheju~dicfiqaiil Mangrove area
in'lung the Propog~d b°ar&walk alOgg ~e:ICWW. Phle./~ ni>te 6n the Site
plan i6~cating that tile b°ox~ ~v~' ':~ b~:p~ovided!fnlM3f permitted : ~.
han~veSshall,be~r.eae~e~oth este. n~pOS~ibl~ .: , ,J. I
26. PropoSed entranc* si pus are .~hom ~;~e ~i~e. plan. gro,v, id? a ,sign typical ~· X
de'rail ~hich a~men~ 3ns:h ~x!:~ .g~ ~n~cat~s:p~pg,s~1 colors and
mater~.
28 A,'pp~al from Pain, Beach County T. r;affi? Division is required prior to
El~n!~gandZ0~i~sign-0ffonthffr~cti~'plans., . : ~
ADDITIO}~I_AL PLANN~ .a AND DEV, ELO~MENT BO:AKD CONDITIO S '.
29. NONF~: ' ' X
ADDm ;A CXTV cOMMxSSto.N CoNmT 0NS ,
30. To b~ ~letermmed. · .; ~
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Aitman Bay Vista (NWSP)
APPLICANT'S AGENT'. Chris Kerr, Kilday and Associates, Inc.
APPLICANT'S ADDRESS: 2201 Corporate Blvd. NW ~u200, Boca Raton, Florida 33421
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 20, 2000
TYPE OF: RELIEF SOUGHT: Request for new site plan approval to construct a 286-unit multi-
Family development on 14.33 acres.
LOCATION OF PROPERTY: South Federal Highway northeast of the intersection with SE 23r~ Ave.
DRAWING(S): SEE EXHIBIT"B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Flodda
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings
and recommendation of the Planning and Devel0pmen[ Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of headng stated above. The City Commission having considered the relief
sought by the applicant and heard testimony from the applicant, members of city administrative staff and
the public finds as follows:
Application for the relief sought was made by the Applicant in a manner consistent with the
requirements of the City's Land Development Regulations.
The Applicant
X HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
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".
The Applicant's applicat on for relief is hereby
X GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
This Order shall take effect immediately upon issuance by the City Clerk.
All further development on the property shall be made in accordance with the terms and
conditions of this order.
7. Other
DATED:
City Clerk
J:\SHRDATA~Planning\SHARED\WP~PROJECTS~Aitman BAY VISTA NWSP\CC 6-20-00 Develop Order.doc
Requested City Commission
Meeting Dates
[] Maroh21, 2000
[] ~pril 4~ 2000
[] April 18~ 2000
[] M~y 2, 2000
NATURE OF
AGENDA ITEM
IV-CONSENT AGENDA
CITY OF BOYNTON BEACH ITEM D.2
-AGENDA ITEM REQUEST FOR.._
Date Final Form Must be Turned
in to Ci - Clerk's Office
March g, 2000 (5:00 p.m.)
March 22, 2000 [5:00 p.m.)
April 5, 2000 (5:00 p.m.)
April 19, 2000 (5:00 p.m.)
[] Administrative
[] Con~ent Agenda
[] Public Hearing
[] Bids
[] Anuouncement
Requested City Commission
Meeting Dates
[] May 16,2000
[] June 6. 2000
[~ June 20, 2000
[] July 5, 2000
Date Final Form Must be Turned
in to Ci~
May 3, 2000 (5:00 p.m0
May 17, 2000 (5:00 p.m.)
June 7,2000 (5:00 pma_)
June 21, 2000 (5:00 p.m.)
[] Developrnent Plans
[] New Business
[]
[] Unfinished Business
[] Presentation
RECOMMENDATION: Please place the request below on the June 20, 2000 City Commission agenda under Consent,
Ratification of the Planning and Development Board action. The Planning and Development Board with a unanimous vote,
recommended approval subject to staff comments. For further details pertaining to this request see attached Department of
Development Memorandum No. 00-160_
EXPLANATION:
PROJECT NAME:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
BORGATA (MELEAR PUD 3A AND 3C)
Julian Bryan/Julian Bryan & Associates
Gene B. Guck Company
Southwest corner of Minor Road and Sandalwood Drive
Request for new site plan approval for common area landscaping end recreation facility.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES~ ~/~
Planning and Zon~ctor
City Attorney / Finance / Human Resources
SITE PLAN REVIEW STAFF REPORT
PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION
Jdne 2, 2000
DESCRIPTION OF PROJECT
Project Name: Borgata (Melear PUD, Phase 3A and 3C)
property Owrier: ~' Continental Homes Inc.
Applicant/Agent: Julian Bryan, Julian Bryan & Associates
Location: Southwest corner of Miner Road and Sandalwood Drive intersection
Land Use Plan
Designation:
Moderat~' Density Residential (maximum 7,26 units/acre)
Zoning
Designation:
RequeSt:
Planned Unit Development, PUD (LUI:4)
site plan approval for landscaping of common area, recreation area
and entrance wall signs
Type of Use:
Residential - single family
Project
Size:
Total Site Area for 3A and 3C
Recreation Area
Building Area (Recreation Building)
- 47.10 acres
1.01 acres
- 2,398 square feet
Surrounding land
uses and Zoning
District:
(see Exhibit "A" - Location' Map)
No~h~-
Miner Road right-ohway, and fa~hernorth Meadows
30C zoned PUD;
South -
L.W.D.D Cana~ L-21 and farther south, Sand and Sea
Mobil Home Park zoned RS in Palm B'each County;
East
West
Sandalwood Drive right-of-way and Melear PUD Phase
3B (San Savino)~ and, farther east of Sandalwood Drive. .--.
Melear PUD Phase 1 (Sandalwood);
Sand and Sea Mobil Home Park zoned RS in Palm
Beach County
Page 2
Site Plan Review Staff Report
Memorandum #00:160
Melear PUD, 3A & 3C
Existing Site
Characteristics:
Proposed.
Development:
Concurrency:
Driveways:
Parking Facility:
Landscaping:
The site was cleared during recent clearing and grubbing activity, and
construction of homes has been initiated.
The current application wassubmitted for the review and approval of
the recreation area, common arealandscaping, and two (2) entrance
walt signs for phases3A and 3C of the PUD. The recreation area will
serve 64 single family homes in Phase 3Aand 117 zero lot line
homes in Phase 3C, The dove oper is proposing construction of a
2,398 square foot recre'at!on b~ilding with recreational facil ties and
assopiated arkin ee Ex~ ib" ' ' ·
. P . g (~ h t B~ -..S te P[a~ ' Recreation
. . . ). fact t es
mcluae poe/; volleyball court, barbeque/picniC area; tot lot and open
play area.
N/A
A 40-foot right-of-way expands around the north s de of the recreation
area, with one entry driv~ aisle that Provides the connection into the
parking area. The proposed vehicular use area will provide parking
areas containing the required 9-foot by 18-foot spaces (al/at a 90-
degree angle). The main (gated} entrance drive, with a wall feature
displaying the sign on, each. side~ gives access to Sandalwood right-of-
way:
The proposed parking for the recreation building and the pool consists
often (10) parl~Jng s~aces, inclUd ng One handi~.aP~accessible space.
The proposed number of parking spaces does not meet the Code's
requirements as specked in Chapter 2, Section 11 H. e(1) and e(12).
Pursuant to these requirements ~r]e space sha be provided for
every four dwelling u~its located between five hundred and eight
hundred feet from the ,~ecreation amenity, and one space for every
two units outside of that radius. HOwever, given the project size,
walking distances to thee common r~ecreation area are reasonable. The
request and approval Of a Variance is a Condition of approval of this
site plan.
The landscaping of the site will fully meet the code requirements when
staff comments are incorporated. The development will be provided
with the required amount of perimeter landscaping; in particular, the
perimeter landscaping proposed, along Sandalwood Drive will
continue consistently through the two phases. The phasing Dian for
common area landscap!ng must be submitted at the time of permit
review.
Page 3
Site P~an Review Staff Report
Memorandum #00-1'60
Melear PUD. 3A & 3C
Building ~ Site,
e project will fully .meet'code requirements when staff dom~e~its
are incorporated into the permit drawings~
Community .Design
Plan:.
will match the dbsign and
of the
Chapter 21;
states that 6-foot
on each side of
~ofthe
entrance
high. It contains
finish and terra cOtta
RECOMMENDATION:
T_ .., . __.. -._:~_.~,~h~m~.,.~s,ar~n~l-of,thi~ site p an request, subject
+~ m~ ~m~nt. innh'~ded in Exhi~ ~ ~" - CdhditiOns ~APPr°val /he lecnnlcal Kevlew
(TRC) r~Om~e, ds-th~e deficiencies.[de"tiffed~:,.~ .,.. ~ ~ .., ~,~, in this exhibit be correcte
Commi~ee
on the set of plans ~Ub~0~i~i,~ pe~it~ ~"~,~': , ~
gata
BOr {Melear PUD. Phase 3A and 3C)
LOCATION MAP =
EXHIBIT A
.'2
EX'P-~BIT B
Scale 1"= 20'
EXHIBIT B
FLOOR PLAN
EXHIBIT B
'LEFT ELEVATION
FRONT ELE~/ATiO
· REAR ELEVA~_~9_~_
EXHIBIT B
Conditions of Approval
Project name: BORGATA (MELEARP.U.D. 3A AND 3C
~ Site Plan. File # NWSP 99-019 with a MaY 23rd, 2000 Plmming andZoning
DEPARTMENTS ~, INCLUDE REJECT
pUBLIC W0-RKS~ '
Comments: NONE
FIRE
1..No point of a smct sh lbe more than 200 eet f om a
POLICE
Commen~: None
~G~E~G DI~SION
Commen~:
2. Kevise Section A-A ~d ~e pl~ view to show a 27 foot back-up d~emion~ X
~ ~e p~k~g lot.
X
3. Delete~e ~ow Away pomon of the $250.00 fine plate. I
4. Show the ~c~ ~C) pavemem s~bol as berg white in color not ~lue~; X
Also, s~ci~ white p~t for the cross-hatch~g wi~in ~e h~dicap (~C)~
aisle.
5. Show ~e ~C post si~ ~ front of the ~C stall on the pl~ view. X
6. S~ce "D' c~b is being used as a cominuous wheel stop you may m~e the X
p~king stall 16 feet long wi~ ~e ~o foot overh~g into ~e ~ass ~ea.
7. Show ~e locations of ~e p~king lot li~ting on ~e engineer~g plus' X
8. Sidewalk ~d Parking lot de~l ~e mis-labeled. Label sidewalk section X
detail "B-B" ~ shorn on ~e pl~s. Label Section A:A "pavement derail".
Project name: Borgata (Melear P.U.D. 3A and 3C)
File number:. NWSP-99-019'
Page 2 of 4
DEPARTMENTS [ '
INCLUDE REJECT
9. The type "D" curb shall have a minimum height of 18 inches not 12 inches. X
BUILDING DIVISION '
Comments:
10. Clarify the name of the project by idantifying mithin title block Melear PUD X .
Phase 32t and 3C.
111 Verify ~at the: sun` deck and clubhOUse comply with the required setbacks X I
by id~nti~ing the'setback dimension from ~e property line' to the edge of
' ~e sun deck and the leading edge of the clubhouse building. PleaSe note
th, at, tl~. e .dtn~en.s,.ons of the Ov. erhang, covered walkways, canopies or awning
:snan oe mcmded when ~dant~fying building setbacks.
12. At time of permit,, submit signed: and ~sealed working drawings of the X
proposed construction.
13. Identify the finish floor elevation that the design professional has X
established for hhe building within the footprint of tThe floor plan of the
building.
14. At time of 2nd review, submit a current survey or plat drawings of the x
subject project.
15..Add to the site plan of the recreation area all easements that are shown on
i he survey/plat. The location, type and size of the eaSement(s) shall be
shown and identified on the site plan. The easements shall match the
ieasements that are shown on the survey or plat. Where applicable, amend
the plans so that structures do not encroach into an easement.
16. Add to the site data the number of stories that are in the recreation building. X
17. To properly determine the impact fees that will be assessed for the project, X
provide the following information:
Submit a notarized affidavit on the letterhead of the owner, company or
~ssociation. The. letter must list and contain an answer to the following
q esUons.
a. Will the Clubhouse/Recreation building be restricted to the residents of
the entire Melear P.U.D. only?
b. Will the residents have to cross any major roads or thoroughfare to get
, to the Clubhouse/Recreation building?
DE'vELOPM OF THE
PROJECT NAME: BORGATA (MELEAR PUD 3A AND 3C)
APPLICANT'S AGE~NT: Julian Bryan/Julian Bryan&Associates
. APPLICANT'S ~)O~s: 8330 woo~fi~!d ~?~s!~r~.. B!~(~ ~uite f~2~ Indianap°lis In- 46240
DATEOFHEARING RATIFICATIQN BEFOR~.CLT~ COMMISS!O.N: June 20,.2000
plan approval for common area landscapir~g
LOCATION OF PROPERTY: Southwest comer of Minor Road and SandalWood Drive.
DRA-WING(S): SEE EXI~IIB~- B~r,A'FI;.ACI~ED
~, '. THIS MAFFTER came before the City Commission of the Cty of BOynton Beach, Florida
'appearing on the Consent Agenda on th:e date above. The City'commission'hereby ~pts thefindings
~ a~td recommendation of the~)lannfng and DevelopmentBoard; which Board foundas foltd~ws:~-~
OR
THIS MATTER came on to be beam before the City Commiss on Or. the;City of Boynton
Beach, Florida on the date of headng stated above. The City Commission having Considered the relief
sought by the app cant and heard testimony fmmthe;applicant, members of City administret[ve staff and'
the public finds as follows:
· n for the re ef sou ht was made by the App icant n a manner consistentwith the
1. App 'cat[o g
requirements of the C~ty s Land Development Regulations.
The Applicant
X HAS
HAS NOT
established by substantial competent evidence a basis for the re ief requested.
The cond tons for development requested by the Applicant, administrative staff, or,
suggested by the Public and Supported by sub:stantJ~l combetentevide~ca are as set forth
on Exhibit -C" with notation "Included".
The Applicant's application for relief is hereby
X GRANTED subject to the cqnditions referenced n paragraph 3 hereof.
DENIED
This Order shall take effect immediately upon issuance by the City Clerk.
Ail further development on the properly shall be made in accordance with the terms and
conditions of this order.
7. Other
~\~REDDATA\Pianning~SHARECt\Wp~pROJECTS~MeIear PUD\N'~NSP 99-019 10-gC~t~c~C6~-~k-00 Develop Order.doc
f 7%.
Project name: Borgata (Melear P.U.D. 3A and 3C)
File number: NWSP -99-019
Page 4 of 4
DEPARTMENTS INCLUDE RE
I _
5& Proposed colors to be included on the elevation drawings for the Clubhouse~ X
Use color name and product identification number.
24. Provide a colored elevation drawing for the P & D board meeting. X ,
25. Identify safe site triangles at driveway entrance to parking area on site plan
and landscape plato - ~ X
26. Revise landscape notes on sheet (L- 11) to replace Cypress mulch With, X ·
other type ofmulch. ., , : · ~ ·
2T ~raktl~lg ?r~the~ recreaUon buildmg and pool must me~t~the requirements of X'
~rer z, ~ection 11 II. e(I) and'e(12). ~The ?lans Specify the use 0fthis
: reer~tiofi area for phases ~P~ and 3C. Parkin~ Calcuiati0nsshould be based
i on th?se areas, provide the'total ilumber 0fparlqng Spaces required by code
or request and obtain a variance for the necessary relief.
28. Installation of the common area 10ndseap[ng ~0r:this Project must have a X
i phasing plan which will be detenn~ined at tlme~ 0f buildlr/g:germit request.
ADDITIQNAL-PLANNING AND DEVELoPME~r :1~o A ~ n
29. NONE
X
co ss, co mo s
30. ~o be determined~
MWR/blw
J:\SHRDATA~°Ianning~'SHARED\WP'~PROJECTSW~elear PUD~NWSP 99-019 10-99\CC 6-20-00 Conditions of Approval.doc
Project name: Borgata (Melear P.U.D. 3A and 3C)
File number: NWSP -99-019
INCLUDE REJECT
:DEPAR _~T~vIEN~S, :
c. Will there, be ~ adclit~ deliveficsto the site? '
,1 Will th&e be any addifi0ila[ emplbye~s tO mainialn ai~d provide s,~rvice.. ·
m the.site? '
Once,,this inf0rmatign is completgi~th~.Qity ~!![submi~,[t t~ th9 ~kn~B~ch:
coU%/ mp FeeOmce for imtmCt fee detei'mina~on* :
· ; the m ' ' floor area ratio allow~d fo~ ,~t~.~
18 To~venfTypomphaneew~th ~j ~.~::.x.~:.~. - ~ ~x::
......... of tl/e Ctma/dativ~ TOtal Square ·
prqle~, ~fibm~t for mvrew~ a ~s74mp~ , .
Footage~ do~ument~ that.isi~e~l}~:pt,~!ggt,~ ~;Of:)Xhe~ ~er, ~m-,.~
- :'~ - ~ "' ~- ~--~'~(t~g ~5~h each: ~i~it far'a house or'tcWahOUSe.
Tho. 'aiimnn~t i)m. li mailitam.~xmlmm! i~ ~the. S~lU~ roo~,ges Io~ all
detadtted single~fardily .~t~ ~ !~t~ ~. ~.~
fee~ Eo~W fees, ~d State ~ will '~ a~t~a ~ ~
20. Pemim ~e ~eq~O, to,con~ct ,me ~prov~en~}~at ~e ?~o~ ~ ~' X
appr~ed si~ pl~eondm=al ~e docmenm' ~5~Pp~9~uq~~ ~
~l~ in-t~e Buil~gDi~ision 0g;:~e Devel~p~cnt De~¢~t.
iden~es.~ basi¢ doc~~ ~at the,Pl~My~ checks f~ w~en
applic~t submits fbr pemit review~ .
X
Co~ts: NO~
FO~S~~O~NT~IST
X
CommenB: NO~
pL~G ¢ ZO~G
Co~n~:
21. Submit a copy cftc recorded pl~ with rectified plans. X
22. Provide a site liCtiag ~x~e detail· X
Requested Ci~ Commission
Meeting Dates
[] March 2L 2000
[] April 4, 2000
[] April lg, 2000
[] May Z 2000
NATURE OF
AGENDA ITEM
IV-CONSENT AGENDA
ITEM D.3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOI ._
Date Final Form Must be Turned
in to City Clerk's Office
March 8, 2000 (5:00 pan.)
M~rch 22, 2000 (5:00 p.m.)
April 5, 2000 (5:00 p.m.)
April 19. 2000 (5:00 p.m.)
[] Administrative
Consent Aganda
[] Public Hearing
[] Afiilouncement
Requested City Comm~sston
Meeting Dates
[] May 16, 2000
[] June 6, 2000
[] June 20, 2000
[] July 5,200o
Date Final Form Must be Turned
in to Ciw Clerk's Office
May 3, 2000 (5:00 p.rm)
May 17, 2000 (5:00 p.m.)
lune 7, 2000 (5:00 p.m.)
June 21, 2000 (5:00 pan.)
Development Plans
New Business
Legal
Unfinished Business
Presentation
RECOMIVIENDATION: Please place the request below on the June 20, 2000 City Commission agenda under ConsenT-
Ratification of Planning and Development Board actiqn. The Planning and Develop. merit Board with a unanimous vote,
recommended approval (there are ao conditignS recommended frorg staffnor Plunnmg and Devalopmant Board). For furdier
details pertaining to this request see attached Department of Development Memorandum No. PZ 00-161.
EXPLANATION:
PROJECT: PROHIBITED USES WITHIN ZONING REGULATIONS-"USES NOT SPECIFICALLY
LISTED" CHAPTER 2~ ZONING
AGENT: Michael W. Rump f/City of Boynton Beach
DESCRIPTION: Request to amend Chaptur 2, Zoning, Sections 6~D.1 and $.A. 1 to provide for commercial uses that are not
specifically listed as a permitted or conditional use in any dther zoning district.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/~j~
City Manager's Signature
Planning and Zoning
City Attorney ! Finance ~ Human Resources
TO:
FROM:
DATE:
SUBJECT:
DEVELOPtV[ENT DEPARTMENT
?Z 00-161
Chairman and Members ~.. ·
manning and Dex)elOpment Boar(~
Michael Rumft
PlUg and Zoning Director
lune 5, 2000
Prohibited Uses within Zoning Regulations - "Uses Not Specifically Listed"
Cl~aprer 2~ Zoning
(CDRV 00-004)
listed
challenges, and code
This
provisions within t
uses not specifically
entire
ro legal
establishes
I al]
a. Any use not specifically allgwedin acc0rdance~wi& ~e list p:~gses under"
According to the strict interpretation of this text, the city's zor
specifically indicated Under'the list of permitted usgs f0'r~/~i
zoning districts includ~~ rather detailed and 'e:~t;nsi~; i~ ;[,¢
exclude specialty:0r unique uses, or new uses:that Were unant
20 years ago: Over time, local goYernmenrs haYe realize,
delegated police power(the right to protect a community's hca
c~ei~al,z~o
tPle, tely prohibit uses that ore not
~ ~isMci., Although cdmmercial
~: q ~pecificity s~ch lists may
~gutations were first Written over
! z~ning ~as a, valid eXercise of
and moraJs).
.The. se strict provisions, in zoning regulations may also lead to ine~ns!s~ent interpretat?ons. For esample, a
desirable use may recerve a favorable review, by an interpretation ttiat is simi}~0~ a:pYnuitted use o~'group of
uses. In contrast, a less desirable' use could be interpreted as being pr0hibite~:~esgiie.~imilarities to a permitted
USe.
Regulations that provide no locations for a given use may be contested que~st~6~}d,~ ,, as b~mg' ' ' unconstitutional and
nimnately amended pursuant~ to court supulauons. In the book Urban Plr anm,n~' and Lan, d Development Control
Law" originally published in 1975 by West Publishing, this issue is. describe, dj ~ ~llaws:
Since every or all most every use of land ~ a Iegtt~mate use somewhe~e, if~n~ffiace is provided for a use within
the boundaries of a governmental body authorized to zone~ ,such. an exclusibai~ht b~ unreasonable and hence
void under the police power. ".
The text continues to address the issue of total exclusion as follows:
Page 2
Uses Not Specifically Listed
Code Review
"Even larger cities frequently atremp~ to entirely exclude particular kinds of uses such as junkyards, dumps,
outdoor movies, motels, mobile home parks, hog farms, cemeteries, and the like. Obviously the size of the city is
relevant to a juclieiat decision.upholding or invalidating such exclusionary ordinances. A smaller community ,may
Perhaps mo~'e legitimately claim it need not make spacb available foi' evkry use, inblucting the most Obnoxious.'.
The exclusionary effects of the regulations may have never been considered, as each of the commercial zoning
districts contain a tistof prohibited uses, likely based on justifiable logic. This provision was intended to address
the unexpected/unanticipated uses; however, such exclusion could yield unanticipated costs.
Could this proposed amendment open the door for undesirable uses? As the. regulations are currently written, if
-consistently interpreted, there is an equal chance of preventing a desirable use as pre[enting ~ obnoxious use.
Furthermor%althf/ugh there ma~y. be an a~guabty undesirab, le use.mt would b~.allo~,e.d m the c~ty, by ~e ~r0P°se.d
~code amendments, this: issue is addressed by the 'code which currently prohibits most uses mat contain
characte~is~ticsL.incousksten[ witlm a respe.c?~e, zoning district or undesirable from. a city p. er.spec~v.e. Las[[y
s~eering of unidentified-uses to the M-l, district would generate minima[ unpacts given the:iud, us~h! characteristics
of such .areas; in ~e gigt;, 0nd the limited exposure of those areas to major corridors, commercial center¢, and
residential zoning:~st~icts.
The proposal amendments would simply make the C4 and M-1 zoning districts the locatio, ns fo~ such. us? that
have-~been 0*,/erlo0ked :l~y': the zoning regulations. Staff proposes that the text be amendec[ to: snow t~os~g uses
Which a~e.a~ Sl~ecifi6ally t~d :as~a penni/ted or conditional use h!_ any commercial zoning distric[, or which
not a prohll~[ted use, ia th~ subjecf zoning district (either C4 or M-i). Such uses are proposed,to beicond~tional
uses ia the~ G~4~distriC~ afld 1oermitted uges' in the M-i zoning district. 'Specifically, the C-4 district regulations
~ould be am0nded by.adding a new permitted ~tem "K' to read as follows.
[ USes permitted.
"k. any .commercial' use which is not specifically listed as a permitted or conditional use in any zoning
district, and'whiCh is not listed as a prohibited use in the C-4 Zoning District. *"
Uses qualifying under item "k" would be' reviewed through the conditional use process. The M-I zoning district
regulations would be: amended.by the creation of a new subsection "e' that describes another categCry of
permitted uses to read as ~ollows:
"e. ~Any commercial use which is not specifically listed as a permitted or conditional use in an); other
zoning district, and v~h[ch is not listed as a prohibited use in the M-1 Zoning District"
It is also reqommended that the C-2 and C-3 regulations are amended to include, at nunimum, a reference to this
text cropose~t for the C4 and M-1 zoning districts.
It shbuld also be noted that; despite the subject proposed amendments, certain existing uses listed in the
regulations, or future iunanticipated/unlisted uses may warrant special or supplemental conditions sin3ila, r to those '
applied to adult entertainment businesses, gas stations, consignment shops, etc. Such uses wall continue to be
reviewed and treated as needed on a case-by-case basis.
RECOMMENDATION
Staffl recommends that this proposed code review request be approved to address the unjustifiable exclusion of uses
by the city's zoning regulations.
MR
EXltlBIT "C"
Co~t, ions of Approval
Project name: USES EXCLUDED FROM Z~G,REG~TiONS
File number: CDRV 00-004
PUBLIC W/ORKs
comm~n~p.IqoNE ·
UTILITIES
POLICE
D~SIO ' ~ .
B~D~G. N ~ :~ ~ '
C ~
_omm__~: NO~ X'
Co~ents: NO~
Commems: NO~ X
PLUG ~ ZO~G
C0mmenm:
NO~
'X
~DI~ON~ PLUG ~ O~ ONS
DE~LOP~NT B CO~I~ ~.' '
$ON
~DI~ON~ CI~ CO~SSION CO~I~ONS ' /. :
2. To be detemined.
MWR/dim
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: PROHIBITED USES WITHIN ZONING REGULATIONS -"USES NOT SPECIFICALLY
LISTED= CHAPTER 2. ZONING
APPLICANT'S AGENT: Michael w. Rumpf/City of Boynton Beach
APPLICANT'S ADDRESS: 100 E. Boynton Beach Boulevard
DATE OF HEARING RATIFICATION BEFORE CtTY COMMISSION:dune 20, 200
TYPE OFRELIEF SOUGHT: Request to amend Chapter 2 Zoning, Sections 6.D.1 and 8.A.1 to provide
for commercial uses that are not specifically listed as a permitted or
conditiona use n any otherzoning district.
LOCATION OF PROPERTY: South Federal Highway northeast of the intersection with SE 23~d Ave.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X . THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings
and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Flodda on the.date of hearing stated above. The City Commission having consideredthe.relief
sought by theapplicant and heard testimony from the applicant, members of city administrative staff and
the public finds as follows:
Application for the re ef sought was made by the Applicant in a manner consistent with the
requirements of the City's Land Development Regulations.
The Applicant
X HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
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".
The Applicant's application for relief is hereby
X GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
All further development on ,the property shall be made in accordance, with the terms and
conditions of this order.
7. Other
DATED:
City Clerk
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested CiW Commission Date Final Form _M~_u, st be Turned
Meeting Datek in to City Clerk s Office
March 8, 2000 (5:00 p.m.)
March 22, 20.00 [5:00 p.m.)
April 5. 2000 (5:0Op. ra.)
April 19, 2000 (5'.00 p~m.)
[] March21, 2000
[] ^pri~ 4, 2000
[] April 18,2000
[] May 2, 2000
Requested City Commission
Meeting Datas
[] May 16, 2000
[] 1an¢ 6, 2000
[] June 20, 2000
[--] July 5, 20oo
IV-CONSENT AGENDA
TI'EM E
Date Final Form Must be Turned
into City Clerk's Office
May 3. 2000 (5:00 p.m.)
May 17, 2000 (5:00 p.m.)
June 7, 2000 (~:00 p:m.)
June 21, 2000 (5:00 p.m.)
NATURE OF
AGENDA ITEM
[] Administrative [] Development Plans
[] ConsentAgenda [] New Business
[] Public Hearing [] Legal
[] Bids [] UnfmishedBusiness
[] Announcement [] Presentation
RECOMMENDATION: Motion to approve the extension of the land development permit issued 6/9/98 for one year from
the 2t month expiration date, or March 8, 2001.
EXPLANATION: East Ridge is a small, 33 unit P.U.D. south of Gateway Boulevard on the east side ofN.E. 4~ St.(see
attached). The water, sewer, lighting and drainage are in place and there is a first lift of asphalt. Currently there is a model
home on site. There are permits in the Building Division being extended to facilitate the continuing development
(landscaping~ gas, power pole, sign and model home). The developer states his banking relations have been unsatisfactory
and he is selling the project (see attached contract). Chapter 6, Article V, Section 6 of the LJ3.R. provides for one year
extensions of the original permit.
PROGRAM IMPACT: N.A.
FISCAL IMPACT: The attached letter of credit [for water & sewer) is current and satisfactory and has been reduced from
$82,000.00 to $42,000.00.
ALTERNATIVES: N.A.
Attachm%nts:/~agend map, extension request, sales coinxact, letter of credit with~eduction.
' Department H~d s~ign~ C~ IgIanager's Signature
H. David Kelley, Jr., P.E./~S][~]
Acting interim Director Engineering
ENGtNEERrNG
Department Name City Attorney ~ Finance / Human Resources
S 5B ULLETINWORMS~GENDA ITEM REQUEST FORM.DOC
NORTHEAST
KEY' MAP
NOT TO SCALE
/
/
GATEWAY
ROAD
HYPOLUXQ
ROAD
/-
SUBJECT _
LOCATION MaP
NOT TO SCCJ._E
.FROM : EAST RIDGE
FAX NO.
: 5~13~93430
EAST RIDGE FAX NO.. : 561369~Zk~0 MaMt 26 L:~00 01:03PM Pi
· PROPBRTii~$:
ALTA
up to ti~Ptzrchase Pri~ which is allocated to the RealEstate is/reproved, at simifltanecnts
~.~, ~am me ~ssuar~ o~ tl~'liile pOI~CF arid/indorsements
6.
Review By Buy, Wlh~dn thi,,r~/~ d~ ~ter ~ recei~ o/ the
Commitment. Buyer shall'noU~ Seller in writing of any title matters of w'rdch SeiMr
. ~ Y ~nm~ c~ ctu~ such disa
or make arra= e~ ~. ' ~
8~ . .c~.toBu to edisa , - .
cUre~p riot' to clo ~~~' [ l~l~oved rear,era elimil~ted or
'. , .~ .;~! !: ~ hxamzl~auona~dAppteval. ForaFeriodofr~ii&) ~,/~'
~ay~ e~yer sllail'"l~ave the'r/~ht to insvec~ review ~.d ~.~..~...:., _~_,.L~_ _, ,. .
~state (tl~ "Ir~pectlon Per~od'~"), indud~,~will~out ~m~t~ioic-~' ~ "~ ~z ute
a. · ~he PhYSical condi~o~ of the Real ~s~ate, ind-~i-- -=-- ........ ~{
i~va~ ur ~euer; sou ~ormgs, c_~, of l~aton-Beach approval tmitdiag
~ ~ume~, uan~cape p~ns a~d all rela~d dOCuments as requested b~
t~U~ er.
b. Economic ~aasfm2~,ty studies, fir~acJ, ug commitments, and requfzemeo~;
Co
ew,~s of the Rea[ Es~te ~ ha~ ~1 ~owet az~ci, a~C,e~ t.o
1~_. The Cl. osiJ~g~ T~e cottsTa]m~na~r~o~
a~:~tavit
,to ~he Rea~ ~tate an,t
the
other dOCuments reasonal~l~ re~ues~t~ b~ lSu?~r ~.,,~d its al~en~s
12.... Selle~ shall pa)' any' and. all state income tax or f'ed. er~l inc~m~ ~ due/rom titem
sh~ll be split. The Owner's Title Policy shall be paid by Seller and Survey ~nall be paid by. S~ller.
Eac~/party shall pa}' its ~ attm'ney/ecs..qeller shall pay for me recording of o. ny correct,ye
x bill.
date o/C2o~/ng
prior
;Da~.
and as
16. Condemni~ivn, In the event that an)- condemnation ~ are
con~ma~ ~ o~ or mo~ o~ ~ condt~om ~ B~ve~s ab~a~ ~ not =as~
at ~ ~on of ~e Buyer, ~s A~mt sh~ ~t~m, ~ ~ ~ s~a
any ~er obl~i~ ~ ~ o~e ad Buyers ~po~t t~ ~ r~d ~ B~,
~medies available to Buye~
. The retxtrn ~ tlw
for
~4420~g6460
27_ General P~reisio~, No amendment i:o this At~ement shall be binding
either of ~ pax?es to this ~greement unte~ such amendmem ts ~a wrJ~rrg anct er~cut~d
by both parUes
If az~ b~r~z,, ,covena~t~ er condition of this Agreement is held t? be invalid or
provision hereof an~iittLs Agreement ahatl be ¢oztstrned asff suchiuvalid or unet~eabla
provision bad never beeit contained lu~eir~
All re~ere~ces ro "days~ c~ntldned herein ~ ~ere~ ~ c~d~ ~ys, ~s
~sc SN~ a~ are ~ on ~ s~ [~ ~y w~ ~clu~g howdah. ~ ~e
s~c p~o~a~e ~ due ~ a day, w~ ~ a legal ~ay ~ ~,
~e s~ ~; p~ ~ ~ ~t. buan~ day,
23. A ..ti:~. ey Fees.. In the ~ve~t a L/t/ga.,d, d/spute ~ ~ ~ p~
h~ ~a~ ~ ~ ~ent ~ succ~ pa~ ~ such ~a~ sh~ ~ ~fi~ ~
~ s~s ~ ~. ~e ~nue for ~y ~smt ~ ~ ~ou~ ~ ~m ~s
-~ent s~ ~ S~w~d Co~, S~m of ~o~da. ~ ~d~si~d p~ ~
a~ ~ ~e e~t ~ble, &at ~F sh~ wa~ a j~ ~ on ~ ~su~ c~
2t. .*~epta~ce ~ o~e~ ~s o~e~ ~o p~. ~ase i~i,,~ be nu~ and void
accepted by fl~e seller on or before ffns~rt date); /~. ~ ~
:25, Flteth~ Co~ealml..It is expressly a~eed ~t the tuning
~ ~ed U~ ap~ of ~e ~ d~opment pl~
~ ~ ~s~e of ~ n~d~d ~o~i ~i~ ~d
~ a con~oa pi-~nt ~ ~ oblJgaUon of Buyer ~ dose ~s ~c~on,
~d ~t~e B~ ~ ~m~ brok~ ~ M~k V Pro~ of Boston ~a~
In Wit~es$ VVhezeo/. the par~es have cauaed ti-ds A~-eement to be duly execu~
n Lhe dates ret f:u. ~, be,s/de the:~r respective s~atures.
.... SELLER
DEPARTMENT OF DEVELOPMENT
MEMORANDUM
ENG 99-008
TO:
FROM:
DATE:
Diane Reese, Finm,.ce Director
Butent Kastarlak, D~rector of Development'~'3c
January 13, 1999
EAST RIDGE PUD - AMENDMENT TO I,F, TTER OF CREDIT
Attached for your files, please find the or/ginal Amendment #1 to Letter of Credit #98-102 for the above
referenced project. Said Letter of Credit was reduced from $82,000 to $42,000 by resolution R98-t 94
dated 12/15/98 (copy attached).
Please hold for safekeeping. ~__~ _c_,Jc~-'~ ~
BIK/ck
Attachments
C:~My DocumcntsLEast Ridge LOC Amendment # 1.doc
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
]'V-CONSENT AGENDA
ITEM F
Requested Ci~' Comralssion
Meetin~ Dates
[] March 2I, 2000
[] April 4, 2000
[] AO I 2000
[] May 2, 2000
NATURE OF
AGENDA ITEM
Date Final Form Must be Turned
in to City Clerk's Office
March 8, 2000 (5:00 p.m.)
March22. 2000 (5:00 p.m./
April 5. 2000 (5:00 p.m.)
April 19,2000 (5:00 p.m.j
[] Adrr~isrrative
[] Consent Agenda
[] Public HearLng
[] Bids
] Announcement
Requested City Commission
Meeting Dates
[] May 16.200(
June 5, 2000
X June 20, 2000
[] July 5.2000
Date Final Form Must be Turned
m re City Clerk's Office
May 3. 2000 (5:00 p.m.)
May 17. 2000 (5:00 p.m.)
June 7, 2000 ~:00 p.m.)
June21. 2000 [5:00 p.m.)
Development Plans
New Bus/ness
Legal
Unf'm/shed Bus/ness
Presentation
RECOMMENDATION: Purchase of 15 Model Year 2001 Club Cars as outlined on attached Quote .dated May
19,2000, to replace 15 Model Year 1994 Club Cars. At my request Club Car has submitted copies of recent purchase
orders to other area golf courses- Our quotation of $2,990 per car and the $925 per car trade-in, is competitive and in
line with our projected budget of $2925 per car and $900 per car trade-in. We have added a split windshield to our
accessories on these new carts at a cost of $30 per car, of which $25 per car is offset by the trade-in value increase.
EXPLANATION: The replacement schedule for the motorized electric golf cart fleet, as approved for fiscal year
'99/'00 projected replacing 15 six year old 1994 Club Cars with 15 2001 model Club Cars. Club Car won the original
bid for supplying us with golf cars in 1983 and their products over the past 16 years have given us extremely reliable
servic~ with no customer, or Staff, complaints. In fact, although we had originally anticipated trading ears every four
years we have amended this schedule to every six years due to the reliability, durability, and trouble free service of
these cars. The final factor in Club Car's favor is that the energy management system we installed several years ago
is a system endorsed by Club Car and neither voids any of theli' warranties not any battery vendor warranties. The
attached letter from David Kelly, Territory Manager for Club Car, Inc., verifies that Club Car is the sole
sourc~provider of Club Car fleet golf cars.
PROGRAt~I IMPACT: Our strategy has continued to be partial fleet purchases to continually add in new cars to
"freshen" our fleet per/ndicallyinstead of all new, or all aging and old, cars, with total fleet replacement. After this
recommended~ purchase, for example, our fleet will consist of 15 2001 Club Cars. 30 2000 Club Cars, 30 1996 Club
Cars, and 15 1997 Club Cars.
FISCAL IMPACT: $30,975 from golf cart replacement reserve account #411-0000-248-42-00.
ALTERNATIVES: The trade-in of the old fleet is necessary due to the age and current condition of those carts. We
could gp for bid with other golf cart vendors. However, if another vendor were awarded the bid, it would result in a
mixed tleet, which could lead to some customer confusion and staff mistakes, as well as perhaps needing two
contractual cart repair vendors. In addition, there is no guarantee that 1;lie other cart vendors would stand by their
warranty due to the use ~h"~e~ergy management system that is currently]in p '
lace in the cart facility
D~g(artment Head s Signature ~ - --~, ,r ~--- -
~City Manager's Signature
S:~BULLET1N~ORMS~AGENDA ITEM REQUEST FORM.DOC
CITY OF BOSTON BEACH
AGENDA,ITEM ~QUEST FORM
D~pm~n~n~ Name
City Auomey / FHance / Human Resources
S:~BULLETIN~ORMS'~AGENDA ITEM REQUEST FORM.DOC
Dem'
CLIJ~ C~R
May ~ 2000
TO:
Cable Beach Golf Club
Nassau, Bahamas
ATTENTION: Ivlr~ Michael'Wicky
Golf. Transportation and Utilffy Vehicles
Club Car. Inc.
3375 All American Boulevard
Orlando, Florida 32810
(407} 522-8001
1-800-821r1227.
Fax (407) 522-7005
80
DATE: March 6, 2000
SALESPERSON: David Kelly
C%UB CAR 2000 Model Year
36 ~;0lt golf cars
equipped as follows.-
$3050;00 $244,000.00
· Fully Automatic Charger
Premium TreadTires
· Canopy Top
· Color- Beige, White, Dark Green or Gray
· Sweater Basket
· BagweH Liner
· Scuff Guards
· Number Decals
· Sandbucket Kit (2)
Rake Kit Assembly
Freight (FOBPort of Exit, Florida)
Treda-Ins: (20) 1994 and (60) 1995 DS Eleetric
Model Club Ca~: All trades must be received in
Running condition with one operable charger per car.
<$61,000.00>
TOTAL COST $183,000.00
· Add $1,270.00 per car for the delivery of fully assembled
cars to Cable Beach Golf Club. Includes duty, freight and taxes.
Delivery Date: August 2000
Terms: ½ CIA / Balance in Net 30 Days
Accepted By:
Title:
Date:
CLUB CAR
INGERSOLL. RAND
Golf. Transoortation and Ut lity Vehicles ~
Club Car, Inc.
TO:
7665 Juego Way
$8%55O.O0
Furry Automatic Charger
Color- White
,Sweater Basket
Enclosure (Black)
[5) 1994
with one
<$15,025.00>
TOTAL FLEET COST
F.O.B.: Boca Iago Country Club
Delivery Dat~: June 1999
Terms: Net 30 Days
Accepted By:
Title:
Date:
$74,525.00
Club Ca'Inc.. ^ n
~1/10/19~d, 17:13 561286991~ CLUB C.,71R E FLA
Pine Xsisnd RM~e Counn, y Club
Foil Laudable, Plorida 33324
ATT~F~ON: Mr. ChrlesA~ Smilh, J~. DAT~: Sep*~bc~3,
" SALESPE~ON:' Dnvi(l
CLUB ~ Z000Model Y~ar
· . Fum/A~c Chsr~
,,, Premium Ttud Tl~es
· - Canopy-Top
· Color- B~ig*
. Sweater hsk~
CLUB
B CAR LIMITED
~bject to t~e
wa~atod wJut msl~of't~ pa~ nnd labe~':agal..~t defe~ in materiat and w3¢iullanMfip for a period of one
THAT iT HAS BEEN
STEERING, TRANS.a~XLE, OR OTHE~
LIKEWISE VOID IF THE CAR SHOV~
OR
CONSEQUEN~
i~OF~MF_.,INCONVENIENCEORANYC~THERECCONO~ ~ · ....... --- T~,--~- theabo~e im~tions or
LFI'0:3,4G 1098A0
The Links at Boynton Beach
Boynton Beach, Florida
May 19, 2000
WARRANTIES AND SPECIAL CONSIDERATIONS
.WARRANTY
Club Car, Inc. wan'ants, to TheUnks. at Boynton Beach that its new 2001 DS Electdc golf cars are
~ ~om. _d .el? ~ m.at.e .na. I~ .a.n.d.wo~anship subject to the terms and conditions ~7,ontained in
me a~acne= ~uo uar L,mited LifetlmeWarranty.
.DRIVING RANGE VEHICI F
Special Pricing l $1 900 [or a Tuff I G~soline Ut ity Vehicle equipped as fo ows: cargo bed,
premium ~ tires, ;d~ing~ ran~je Protedtive enclosure, heavy dt~ty front bumper, picker mount,
trailer hitch; differentia guard, fue gauge,, hour meter, Standard light Package.
REPLACEMENT PARTS AND SERVICF
Factory authorized~rep acement parts, service and warranty work is handled through Professiona
Golf Car Corporation, Club Ca~s factory authorized De-; er n Lake Worth. It is Cub Car's
objective that The Links of Boynton Bea(~s fleet will receive PrefesSiona! timely and systematic
se~'vice~
c.~.,L~r~o rffoersn~nnri_Cal t.~mining se .minars for. ThB Links of Boynmn Beach's employees involved
~...~ _~a_r~o_pe_ra_a_o_n~. ~., n, .ese se.m,nare ~ ri. eld at Club qafs manufacturing facility in Augusta,
~...~-?~ ~1-=,. a,u are ~onauczeo. Dy professional eeucators . The · Unksi. of B
~ learn preventive maintenance and repair omcedure · o
_, _. _ __ _ _ s: t_ __..__,.= ..._ ,_,.~ or ooynton
resort~eacnpersonnelS tleet operations.from all overl neYtheWillwodd.also enjoy shedng idea~ ani~ expedencas with goff club and
8020 Jog Road
Boynton Beach, Florida 33437
Golf. TransPortation and Utility Vehicles
Club Car, Inc.
3375 All American Boulevard
Orlando, F~ or~d~, 3g~0' ,
;;i-800~821-1227,
15
Holder
- Sunbrella Material
Trade-ins; (15) 1995 DS Electric Club Cars
All wades must be in running condition with one
operable charger per ear.
TOTAL FLEET COST
~ Fan Option- $8S.00 each.
F.O.B.: The Links at Boynton Beach
Delivery Date: September 2000
Terms: Net 30 Days
CLUB CAR
INGERSOLL'RAND
<$13,875.00>
$30~975.00
Requested City Commis£ton
Meeting Dates
[] March 2L 2000
[~[ April 4, 2000
[] April 18, 2000
[] May 2, 2000
NATURE OF
AGENDA ITEM
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VII-PUBLIC HEARING
ITEM A
Date Final Form Must be Turned
ia to City Clerk's Office
March 8, 2000 (5:00 p.m.)
March 22, 2000 (5:00p.m.)
April 5, 2000 (5:00 p.m.)
April 19; 2000 (5:00 pma.)
[] Administrative
[] Consent Agenda
[] Public Hearing
[] Bids
Requested City Commission
Meeting Dates
[] May 16. 2000
[] June 6, 2000
[] Jttno20, 2000
[] July 5. 2000
Date Final Form Must b~ Turned
into City Clerk's Office
May 3, 2000 (5:00 p.m.)
May 17,2000 (5:00 p.m.)
June 7, 2000 (5:00 p.m.)
June 21, 2000 (5:00 p.m.)
Development Plans
New Business
Legal
Unfinished Business
Presentation
RECOMMENDATION: Please place the request below on the JUne 20, 2000 City Commission agenda under Public
Hearing The Planning and Development Board with a unanimous vote, recommended approval (there are no conditions
recommended by staffnor the Planning and Developmem Board), For further details perta'ming to this request see attached
Department of Development Memorandum No. 00-158.
EXPLANATION:
PROJECT NAME:
AGENT:
OWNER:
LOCATION:
DESCRIFrlON:
QUANTUM BUSINESS PARK (Utility EasemenO
Winston Lee ASLA, AICP, Winston Lee & Associates, Inc.
Gateway Business Park L.C.
North of the intersection of Gateway Boulevard and Quantum Boulevard
Request for abandoment of an easement on 0.13 acre located on a portion of lots #36, #37 and
#38 in Quantum Park PID.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
Dep artlaYe~ o f ID~v~lopment Director
City Manager's Signature
Planning and Zoning/15fi'~-ctor
City Attorney / Finance / Human Resources
TO:
DEVELOPMENT DEPARTMENT .
MEMORANDUM NO.: PZ 00-158
Chairman and Members
Planning and! Development Board
Planning and Zoning Director
lose Ri Alfarod~
BIICr
DATE: Eebm~.3, 2000
SUBJECT: Q~_m;Park Business Center
AN-oo4ol
NATURE OF REQUEST
Winston Lee of Winston Lee & Associates, Inc., agent' for Gateway Business Park L. C., has filed
this application to'abandon a utility easement dedicated to the City by the plat of Quantum Park at
Boynton Beach P; I.D,, Plat No. 3, as recorded in Plat Book 60, Page 29, Public Records of Palm
Beach'County, Florida. The attached Exhibit "A' shows the location of the applicant's property,
and includes a diagram of the specific easement to be abandoned.
BACKGROUND
Quantum Park Business Center received site plan approval in April; 2000, to develop an
office/wfirehouse complex consisting of three (3) buildings to be constructed on 23.57 acres with a
total of 336,050 square feet. As par~ of the site plan approval Pr0ces~ the City Commission n-nposed
among other conditions, that a recorded utility easement between Iot38 and lots 36 and 37 be
abandoned to accommodate the construction of building NO. 1. Exhibit "B' depicts proposed
building No. 1 in relation to the subject easement.
ANALYSIS
According to the applicant, the subject easement is currently not being utilized by any agency and/or
c~ry, and is not of interest for future use by any local public or private utility company.
Furthermore, the City departments involved in the review of all requests for abandonment, and
The utility companies notified of the request are identified below. Public notice was .given [o the
property owners that abut the easement and it has been advertised in the newspaper. The responses
by the utility companies and city depa~hnents are as follows:
CITY DEPARTMENTS
Engineering
Utilities
Planning and Zoning
No objection.
No objection.
No objection.
Page 2
Memorandum No. PZ 00-158
ABAN 00-001 '
PUBLIC UTILITY COMPANIES
Florida Power and Light
Bell South
Florida Public Utilities Company
Cable Company (Adelphia)
Cable Company (Comcast)
No objection.
No objection.
No objectiom
No objection.
No objection.
The following is a description of the ~zoning districts and land uses of the properties that surround the
subject request (see E~ibit "A" ~ Lt~catio~ Map).
North
South
East
West
Vacant prope~,zoned PID, Planned Industrial Development.
Vacant property zoned P!D, Planned Industrial Development.
Gateway B~vard right~of-way.
Quantum Boulevard right-of-way.
RECOt~4~ENDATION
Staff recommends that the subject abandonment request be approved. No conditions of approval are
recommended; however any conditions of'apProval recommended by the Planning and Development
Board or required by the City commission ~i~l be placed in Exhibit "C' - Conditions of Approval
xc: Central File
QUAN, TU!M':
EXHIBIT' "A
UM:
-- '0 1/8 MILE~
/
I::::~qA,,~ 'o 400 8oo
EXHIBIT "A"
SW CO~.
V I:~ I ON:
//
/8. O0
LOT 36
/
t
R=450.00'
&=OO'45'BO'
A= ·
6.00,
\
/
/
/
LOT 3 6 ,/
QUANTUM PARK AT BOYNTON BEACH, P. I .D.
[P.B. B0, PG. 29-3[, P.B.C.R.]
LOT 38
N'3
LOT 37
i2.00'
]6' {~
/~, suRv£YoR$ ORAWN: TDL
~o ~P~E~s {CHECKED: DLT
LANTIC - CARIBBEAN NAPPING. INC. ~FIELDNORK~NA
3070 JOG ROAO- GREENAC~ES. FLORIDA 334S7 {FIELDSODK
[561~ gc~-Taez; F~x CBSt] ~64-tgsg
x O 80 I50
x ./ mqEPAREO FOR GATEWAY BUSINESS PARK L.C.
CiTY OF BOYNTON BEACH i2' U~ILITY EASEMENT VACATION
SEC. [7-45-43, PORT ONS OF LOTS 36. 37 ~ 38
~%~,,. QUANTUP PARK AT BOYNTON BEACH, P.I.D. PLAT NO, 3
[PLAT BOOK 80; PAGES 29-3t.
SKETCH .OF DESCRIPTION FOR EASEMENT ABANDONM]~NT
~DATE; CAO FILE:gEOgaSOt
12-i5-00 SCALE:
'2-1E-O0 [PROJECT: SE09~
PG. [SHEET 3 OF 3
//
EXHIBIT "C"
Conditions of Approval
Project name: Quantum Business Center
File number: ABAN 00-001
Reference: Application to Abandonment with a n April 20, 2000 Planning and Zoning Department date sram,,
marking.
ARTMENTs REJECT
DEP
INCLUDE
PUBLIC WORKS
X
Comments: NONE
UTILITIES
Comments: NONE X
Comments: NONE X
POLICE
Comments: NONE X
!
' ENGINEERING DIVISION
~ Comments: NONE X
BUILDING DMSION
Comments: NONE I X
PARKS AND RECREATION
C0nunents.' NONE X
FORESTERfENV1RONMENTALi ST
Conunents: NONE X
PLANNING AND zoNING
Comments: NONE X
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
1. ~NONE X
ADDITIONAL CITY COMMISSION CONDITIONS
2. iTo be determined.
MWRgdim
DE
PROJECT NAME: Quantum Business Park (Utility Easements)
APPLICANT'S AG ENT~' Winston Lee ASIA, AICP/Winston Lee & AssociateS, Inc.
APPLICANT'S ADDRESS: 2100 Park Central North Suite 800 Pompano Beach, Flodda. 33065.:-
DATE OF H'EARING P~TIFICATION BEFORE CITY cOMMISSION: June 20t~ 2000
TYPE OF RELIEF"SOI~JGIflT: Request for abandonment~easement of 0.13 acres in Quantum. ParkDR!
LOCATION OF PROPERTY,: ,North of the intersection of Gateway Boulevard and Quantum' Boulevard
DRAW NG(S)~. SEEEXHIB~T '~'B~.ATTACHED HERETO.- ....
~H'IS MATTER came before the City Commission of the City of Boynton Beach; Florida
apl~eadng On t~e Cgnsent Agenda onthe date above; The City Commission hereby adopts thefindings and
re~'mm~ndati~r~ of ~l~e Planhing and Development Board, which Board found as follows;
OR
THIS MATTER came on tc be heard before the City Commission of the City o[Boynt0n Beach,
Flo~da on the date of hearing stated above. The City Commission having considered the relief sought by the
ap~icant and heard testimony from the applicant~ members of city administrative staff and the public finds as
follows:
Application fo~' the relief sought was made by the Applicant in a manner consistent with the
requ rements~of the City!s Land Development Regulations~
The Applicant
X HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested,
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".
The Applicant's application for relief is hereby
X GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
All further development on the property shall be made in accordance with the terms and
conditions of this order.
7. Other
DATED:
City Clerk
Requested City Cormnission
Meeting Dates
[] March 21, 2000
[] April 4, 2000
[] April 18, 2000
[~] May 2, 2000
NATURE OF
AGENDA ITEM
VII-PUBLIC HEARING
ITEM B
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOR3a
Da~ Final Form Must be Turned
into City Clerk's Office
March 8, 2000 (5:00 p.m.)
March 22, 2000 (5:00
April 5, 2000 (5:00 p.m.)
April 19, 2000 (5:00 p.m.)
[] Adminis~xative
[] Consent Agenda
[] Public Hearing
[] Bida
[] Anuouncement
Requested City Commission
Meeting Dates
[] May 16, 2000
[] June 6. 2000
[] June 20, 2000
[] July 5. 2000
Date Final Form Must be Turned
in to City Clerk's Office
May 3, 2000 (5:00 p.m.)
May 17, 2000 (5:00 p~m.)
June 7, 2000 (5:00 p.m.)
June 21, 2000 (5:00 p.m.)
Development Plans
New Business
Legal
Unfinished Business
Presentation
RECOMMENDATION: Please place the request below on the June 20, 2000 City Commission agenda under Public
Hearing. The Planning and Development Board with a unanimous vote, recommended approval (there are no conditions
recommended by staff nor the Planning and Development Board). For further details pertaining te this request see ffimched
Department of Development Memorandum No. 00-157.
EXPLANATION:
PROJECT NAME:
AGENT:
OWNER:
LOCATION:
DESCKIFrION:
ALTMAN AKA BAY VISTA
Chris Kerr, Kilday and Associates, Inc.
David E. Blankenhelm
South Federal Highway northeast of the intersection with SE 23~ Avenue
Request to amend the Comprehensive Plan Future Land Use Map fi.om Local Retail commercial
(LRC) to Special High Density Residential (SHR) and rezone from Community Commercial (C-3)
to Multiple-Family Residential (R-3) for 2.33 acres.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
Departm~evelo~aent Director
City Manager s Signature
Planning ~ind Zon~Dtre"--&or
City Attorney / Finance / Human Resources
~0-157
TO: Chairman and Members
Planning and Development Board
THROU6.: Michael W. RUmp~i~TC~.~
Direc~0r of Plarming and Zoning
FROM: Dick Hudson, Senior Planne
DATE: ~e 1, 2000 -~
Project/Applicantr
PROJECT DESCRIPTION:
Altman Development C0rporatibn
Agent:
Chris Kerr/Kilday & Associates, Inc.
Owner:
David E. Blankenheim
Location:
East side of South Federal Highway, n6rth of the intersection with SE 234 Avenue
(Streb's Restaurant)
File No:' Land Use Amendment/Rezoning (LUAR 00-002)
Property Description: A_2.33 acre developed portion of a lot having Local Retail Commercial (LRC) land
use designation and Community Commercia~ District (C-3) zoning district on the
Federal Highway frontage. [The remaining +3.26 acres of the lot has Special High
Density Residential (SHD) land use designation with a Conservation Overlay District
and Multi-family (R-3) zoning and is nota subject of this request.]
Proposed cl0ange/use: To reclassify the subject property from Local Retail Commercial land use to Special
High Density Residential land use. and rezone from Community Commercial to
Multi-family Residential (R-3) district.
Adjacent Land Uses and Zoning:
North:
Special High Density Residential land use with a Conservation Overlay District on the eastern
portion and R-3 zoning; currently developed as a nursery (Alberts & Merkel Bros.) and containing 4
historical structures listed On the Florida Master Site File.
South: Special High Density Residential land use and R-3 zoning; currently developed as a restaurant
(Gentleman Jim's).
Special High Density Residential land use and R-3 zoning; undeveloped and part of the subject
property.
West:
Right-of-way of Federal Highway, then Local Retail Commercial land use with C-3 zoning,
developed retail; and Special High Density Residential land use with R-3 zoning, developed multi-
famiIy.
Altman Properties
Page 2
File Number: LUAR 00-002
- - PROJECT ANALYSIS
Chapter 163, Florida Statutes requires that in order for an amendment to the Future Land Use Map to qualify
as a "small-scale" amendment, the property must be less than 10 acres m size. If the amendment involves a
residential land use, the density must be 10 units or less per acre. An exception to the density limitation is
permitted if the property ~s m an area designated in the comprehensive plan for urban inffil, urban
redevelopment; or downtown revitalization.
Even though the requested density for the site is greater than 10 dwelling units per acre, the parcel is less than
1(~ acres in size. it is located within the expanded Community Redevelopment Area. and would be considered
an urban redev¢lopment project~ :~ "small-scale" amendment can be adopted prior to forwarding to the
Florida Department of Community Affairs and is not reviewed for compliance with the state, regional and
local comprehensive plans.
The criteria' used to review Comprehensive Plan amendments and rezonings are listed in Article 2, Section 9.
Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are
required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive
Plan Furore Land Use Map.
Whether the p[oposed rezoning would be consistent with applicable comprehensive plan policies
including but not limited to, a prohibition against any increase in dwelling unit density exceeding
50 in the humcane evacuation zone without written approval of the Palm Beach Coumy
Emergency Planning Division and the Cip2 's risk manager. The.planning d~parrment shall also
recommend limitations or requirements, which wouM have to be imposed on subsequent
development of the property, in order to comply with policies contained in the comprehensive plan.
Policy 1.12.1 of the Land Use Element reads:
"The City shall adopt and enforce regulations to notify and shall solicit the comments of the Palm Beach
County Divisibn ofEmergency Mana~menr and the City's Risk Management Officer, prior m approwng
any increase in residential densities in the Hurricane Evacuation Zone above the maximum densities
allowed in the Coastal Management Element, if the proposed density increase would result in an increase
of 50 or morexdwellings. The City shall request that these density increases be evaluated with respect m
the Palm Beach County Comprehensive Emergency Management Plan. The City shall consider these
comments, prior to issuing a development order for the project, and shall not approve density increases
~vhich would substantially impair hurricane evacuation."
Policy 1.12.2 of the Land Use Element reads:
"The City shall adopt and enforce regulations m require that traffic impact statements for residential
projects of I00 dwellings or more which are located in the Hurricane Evacuation Zone include an
evaluation of the affect of the project on hurricane evacuation times. The City shall forward a copy of
this traffic impact statement m the Palm Beach County Division of Emergency Management and the
City's Risk Management Officer for their comments, and shall consider these comments, prior to issuing
a development order for the project. The City shall request that these traffic impact statements be
evaluated with respect to the Palm Beach County Comprehensive Emergency Management Plan."
The subject property is located on the east side of South Federal Highway and is located in the Hurricane High
Hazard zone. requiring evacuation in the event of a Category 1 Hurricane on the Saffir/Simpson Scale. The
proposed land use amendment and rezoning wilt increase the dwelling unit density to 20 units per acre. For
the subject parcel, this increase will allow a maximum of 46.6 dwelling units, failing slightly below the 50 unit
level that requires coordination with the Palm Beach County Emergency Management Planning Division.
Because of the density increases which will occur with the development of the entire _+15 acre project, it is
Altman Properties
Page 3
File Number: LUAR 00-002
recommended that approval be requested from the Palm Beach County Emergency Management Planning
Division prior to site plan approval
Policy 1 19,7 of ~e Land Use Elemem;reads:
"The City shall continue to change the land use and
zorang to pemalt' only 'msidentlal 'Or oth~[- non-:
commercial uses in areas where the demand for commercial uses will not increase particularly in the
The proposed,ar~endm~nt~ .[o?:replace commercial use:with a residential c,lassificati~n,!s consistent gith ?~licy
Policy 1.9.1 of the Land Use Elemen[ reads:
Th Ctgy shall adopt the~deslgn constderat, ons from Table, 24 in the Coastal Management'~uppon
Dgcument (review ~nd~update as needed), and continue the incremental impl~meniaii~ except where
superseded by the Bbvnton Beach 20/20 Redevelopment Master Plan.
Site development considerations from Table 24 in the Coastal Management Support Document that are relevant
to the requested amendman~are ]ncluded:
Land Use Area Proposed
Map # (aeres)~ Current Use ~ Futm'e Use Zoning Site Development Considerations
16 11.35 Va~t/C(Jmm . Rsi (SH) $R-3. Conservation ~e overlay; MF development at 20 DU/AC.
'(Nursery)' ' variable southern setback 2 story @ 40". 3 & 4 story @ I00':
Densities consistent with adjacent use and provide impetus to
restrict site clearing and provide minimum 150" shoreline
buffer zone~ Require rip-rap wake barrier and red mangrove
planting along ICWW ~shoreline.
Source: Coasm/Management Element Suppor~ Document. p. 77, as amended by O~dlmmce 95-3~ September 19, 1995
The area delineated as Map Area 16 surrounds the s~ubject property on the. North. South and:Eas~, and includes
the eastern _+3.26 acres of ~the property that are nor a subject qf the. requested amendment. The special
development regulations are intended to both preserve the site's ~,en~5ronmentally sensitive features and to
mitigate any potential impacts generated by development at this higher density. In brief, the applicant is
requesting this amendment to accommodate an overall residential development through replacement of the less
demanded/valued commercial use and application of the special maximum density provision of 20 dwelling
units per acre to offset the site specific development restrictions requieed by Table 24. Logically, if the SH
area is expanded to include the subject property, the corresponding design recommendations should apply to
the new area and Table 24 should be revise(~ to accurately describe the prOPerty within map area 16.
Whether the proposed rezoning would be contrary to ~e e~ablished land use pattern, or would
create an isolateddistrict unrelated to adjacent and nearby [iistiicts, or wot, ld constitute a grant of
spectat pnvzlege to an individual property owner as cdntrasted with the protection of the public
welfare.
The requested land use amendment and rezonlng are for only a portion of a single lot. The remaining easterly
portion of the lot, comprising + 3 26 acres, is already designated S~cial High De
Mulmfamily Res~dennal (R-3). In effect, the amendment Would ser~ t~ create ~ unified land use and zoning
along the 'eastern side of South Federal Highway by removing an ~ot~ited pocket of Commercial-designated
land use and would serve to~ relale ihe property to the adjacent lind u~s ~n the nbrth, east and south.
c. Whether changed or changing conditions make the proposed rezoning desirable.
Altman Properties
Page 4
File Number: LUAR 00-002
The requested lard use amendment and rezoning are desirable in their support of the Eastward Ho! Initiative.
which grew our of the Governor's Commission for a Sustainable South Florida in its October 1995 initial
report. The initiative recommends an increasingly active effort to redirect development from areas next to the
Everglades toward Southeast Florida's existing urban core. One of the program's main objectives is the
restoration and redevelopment of the eastern Urban areas to provide housing opportunities for the future
population growth in areas where adequate, infrasrrucmre capacity exists..High_er 'densities and increased
population in the eastern areas will also provide support for economic revitalization and downtown
redevelopment.
d. ~W~hether the proposed use would be compa.~ble with utility systems, roadways, and other public
facilities.
The applicant has submitted data assessing the impacts of the proposed amendment on population, traffic and
water and sewer services in the City compared to the impacts if the property were redeveloped under the
exlstmg lana use ana zonx [. ,nose impacts are con~pareu vmow:
Existing Proposed Change
Traffic 2,338 tpd 326 tpd -2,012 tpd
Water -10,800 gpd 20,131 gpd + 9,331 gpd
Sewer 6,000 gpd 11,040 gpd +5,040 gpd
Pop, lation 60 persons 110 persons ' +50 persons
With respect to solid waste, the SWA has stated, within a letter dated January 10, 2000. that adequate capacity
exists to accommodate the county's munictpalities throughout the 10-year planning period. Lastly, drainage
will also be reviewed in detail as part of the review of the conditional use application, and must satisfy all
requirements of the city and local drainage permitting authorities.
e. Whether the proposed rezoning would be compatible with the current and future use of adjacent
and nearby properties, or would affect the properzy values of adjacent or nearby properties.
The proposed rezoning would allow the subject property to be redeveloped under a unified plan in conjunction
with the adjacent properties lying to the north, east and south.
f Whether theproperty is physically and economically developable under the existing zoning.
Yes, the property, is cUrrently developed under the existing land use designation and zoning, and could be
redeveloped for a wide range of commercial uses or residential development at a density of up to 10.8 dwelling
units per acre.
g. Whether the proposed rezoning is of a scale which is reasonably related ro the needs of the
neighborhood and the city as a whole.
2~he subject proper~y will be included with lands surrounding it on the north, east and south to create an area of
_+ 15 acres to be developed as a single unit. The request will comply with average residential densities existing
in the Coastal Planning Area. It is at a scale that is reasonably related to the needs of the neighborhood and
the city as a whole.
h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where
such use is already allowed.
The amendment request is for a land use designation of Special High Density Residential. This land use
category is applicable only in the Coastal Planning Area, which lies generally east of the Florida East Coast
Altman Properties
Page 5
File Number: LUAR 00-002
Railway right-of-way; and is intended to promote development and redevelopment within the Coastal Area
where infrastructure capacity exists to supply necessary services.: Only one other parcel of equal Or similar
size'exists in ~e Coastat Planning Area with potential for development at a density exceeding 10 8 dwelling
units/acre¢~ t, hit. is file V~;'del Sol,Property lo6ated at the ii5~efs~.eti/m~ 01~'U~ ~q:. l::~d 'Old ?Dixi~ HighWay,
currently pr0Ceecling tl~ough file'la~ge£scale amendme~itp;r0cess, i, ~ .: .~ . ' . : ·.
-' - , - -CONI2LUSIO;N$/~REOOI~b/IENDAI1ON~q . ~
As.indicaec[ ,here/n~ tt~i~ques[!~Is-c~iste~ witl/:tt~ ihiedt, of~th6 Cmnp~ei~ens~e:. Plan;-:wilt-m?t create
additional impacts on ~nfmstmcture that have not been anticipated in the Gomprehensive, Pt~;'i'~iI1 be
c.~?thpg~ble wi.th 0dj,.acent ma uses and will~ contr*fl~e :m file ~)yeral} economi~ de?e!oPment ~:~ the City.
~nere~re~ S~af~,~m~zomlrnends fila~dtt~ su~b ~ r.e ue~t~ .a rovC~l~.- ,If ~his~ ~ - ·
~ ~ ~ pp ~.~S* ~s .apl~o~e~ sub eat to
concl~tmns, smd condinons will he ~d~catei:[ in Exhit~it B. ·
ATTACHMENTS
LOCATION, MAP'
ATTACHMENT A
.I
///
-S 23RD
E. WOOLEIR, IG,HT ROAD- .
- '7
,II-SITE
0 4OO 800
i::: EE EE T
:
1600
CITY (
PROJECT NAME: Airman Bay Vista (Land Use Amendment)
APPLICANT'S AGI~NT: Chris Kerr, Kilday and Associates, Inc.
APPLICANT'S ADDRESS: 2201 Corporate Blvd. NW#200 Boca Ratcn, Florida 33421
DATE OF HEA~ING RATIFICATION BEFORE CITY COMMISSION: June 20,"200~ ·
TYPE OF REL'I~ SOUGHT: I~equest to amend the C(~mp!~ehe~i~elPlan ~Fg~e;l~d~seMap f~om
Local Retail Commercial (LCR) t0~S~ecial High bens!~ R~sidentia (SHR)
and rezone from Commur~ tY Co~n~emial (C-3) to Multi,Family~ Resilient a
(R-3) for 2.33 acres ~
LOCATIQN QF PROPERTY: South Federa ~!g~way northeast, b~eintersectior~wthSE~23rd'A~e;
THIS MA'I-FER camebefore the City Commiss on o~he City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City CommisSion.hereby adoP~ ~the find ngs
and recommendation of the Planning and Development Board, which Board found as folloWS:
OR
- X .... THJ.S M,A.TTER came on to be heard before the City Commiss on of the City of Boynton
-ueacn, ~-~oriaa on ~ne date of hearing stated above. The City commission having considered ~he relief
sought by the applicant and hea[d te~stimony from the app c~nt, members of City ~dministrati~eStaff and
the public finds as follows:
1. Application for the re ief soughtwas made by the ,~ppliCant in a manner consistent with the
requirements of the City's La~d DevelOpment Regulations; ~
The Applicant
X HAS
HAS NOT
established by substantial competent ev dence a basis for the relief requested.'
The condition~ 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 "lncludecff.
The Applicant's application for re ef s hereby
X. GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
This Order sha ~tal<e effect immediately upon issuance by the City Clerk.
All further development on the property shall be made in accordance with the terms and
conditions of this order.
7. Other
DATED:
City Clerk
EXHIBIT "C"
Conditions of Approval
Project name: Altman Bay Vista (LUAR)
File number: LUAR 00-002
Reference: Land Use Amendment and/or Rezoning Application with an April 16, 2000 Planning and Zoning
Department date stamp markinff
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
I
Comments: NONE X
I
UTILITIES
Comments: NONE X
Comments: NONE X
POLICE
Comments: NONE X
ENGINEERING DMSION
Comments: NONE X
BUILDING DIVISION
Comments: NONE X
PARKS AND RECREATION
Comments: NONE X
FORESTER/ENVIRONMENTALIST
C~ omments: NONE X
PLANNING AND ZONING
X
Comments: NONE
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
1. NONE. X
ADDITIONAL CITY COMMISSION CONDITIONS
2~ To be determined.
. MWPJdim J:[S H RDATA~PLAN NING~SHAREO'~WP',PRO J ECTS~J-TMAN PROPERTIES 4.UAR[COND. OF APPrOVAL.DOC
Requested Cit~ Commission
Meeting Dates
[] March 21, 2000
[] ^p~4, 2000
[] April 18, 2000
[] May 2, 2000
NATURE OF
AGENDA ITEM
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XI-LEGAL
ITEM A.1
Date Final Form Must be Tumed Requested City Commission
in to City Clerk's Office Meeting Dates
Mamh8,200O (5:00p.m.) [] May 16. 2000
March 22, 2000 (5:00 p.m.) [] Julia 6, 2000
April 5, 2001) (5;00 p.m.) [] lune 20, 2000
ApdJlg, 2000 (5:00p.m.) [] July5,2000
[] Administrative []
[] Consent Agenda []
[--[ Public Hearing []
[] Bids [~];
[] Announcement [--]
Date Final Form Must be Tamed
in to City Clerk's Office
May 3, 2000 rs:00 p.m.)
May 17, 2000 (5:00 p.m.)
June 7, 2000 (5:00 p.m.)
Junc21¢2000 ~5:00 p.m.)
Development Plans
New Business
Legal
Unfinished Business
Presentation
RECOMMENDATION: ~ Please plaqe the attached ordinance, pertaining to the request below on ~e June 20, 2000 City
Commission meeting agenda under Legal- Ordinance 2nd reading. As you may recall, this request was approved at the
June 6, 2000 City Commission meting on 1s* reading of the Ordinance. This request to amend the Future Land Use Plan
from Local Retail Commercial to Special High Density Residential was approved at the December 21, 1999 City
Commission meeting for transmittal to the State. The State's objections are being addressed with additional information
intended to clarify the location of the mbject property in proximit~ to the Coastal High Hazard Area. The amendments may
now be adopted and returned to the State for final compliance review. Staff continues to recommend that this request be
approved.
EXPLANATION:
PROJECT NAME:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Villa Del Sol
Bradley Miller
Grove Partners Limited
Intersection of Federal Highway (US 1) and Old Dixie Highway
Request m amend the Future Land Use Plan from Local Retail Commercial to Special High
Density Residential (20 dwelling units/acre).
PROGRAM IMPACT: N/A
FISCAL IMI°ACT: N/A
ALTERNATIVES: N/A
City Manager's Signature
Planning ana'zonin~I~e~ec[or
City Attorney / Finance / Hman Resources
Response to Objections, Recommendations And Comments Report
ndment
City "nton Beach
Amendment 00-;I ER
Consistency with Chapter 163~ F,S., and~Ruleg~z5 & 9rll, F.A.C.
The City of Boynton Beach in Palm Beac~ ~Coenty, has proposed~ a
Comprehensive Plan Ar~ehdrnent, based or{~l:/6 ~it~'5 E'~l~atlon and Appraisal
Rep6~ (EAR) adopted o,n ~pri! t, i997. ~e~ ~Eo~e¢, ,AJnendment consists of
Updatlng all Of the Elemetit} of!~he city's ."~ :bhenslve Plan as anticipated in
~?~,!~A~? The propose~ 0E&g~rb,a,s~!pmaer~}m~ :~cludes ~fo~ Furore L~ b~se
~ap~ ~}FLUM)' ch~ges. %h~ '~ty has als~',p~ ;~e4~a n°mE~ related F~UM
b~bdment has ideni}fed ~e fdlowi~g,objefit~, s:to the proposed Amen~_ent:
A. -~ ~-based~Amendment -
Transport3Bon
Objection 1~ The Tr~sportafion Element does not include ~ture tr~spo~ation
maps identi~ing the major public tr~sit trip generators ~d attractors
based, upoa :~e ~t~e l~d use map; ~d the projected pd& ho~ levels of
semee for ~spo~atmn facflttms for whmh level of settee stand.ds ~e
esmbii~hdd. '~
Response: The ~O generated 2020 thr0t~ghfare system and 2020 pedestrian
famlit~es~ am~ included as support doe .trments~ The 'Pubhc Transit System
Map [mplici~y indicates the location of major public transit trip generators
and attractors at various terminals. The map will be expanded, however, to
explicitly indicate the trip generators and attractors based on the Future
Land Use Map. The projecred peak hour level of service is contained in
the Evaluation and Appraisal Report as Map 2.9.
Objection 2. 2~he. Tl~onsportation Elemem suppo.,rt documentation indicated that
transit market share for Tri-Cotmty~ 1}ail and P, alm-~,ran, as well as
pedestrian and bicycle facilities, would have m increase in the City
through transportation demand management (TDM) strategies in order to
modify peak-hour travel demand. However, the City did nor include a
policy in this Element establishing TDM programs.
Response: An explicit TDM oriented policy to estab}ish a transportation
management,:organization as an implementing vehicle for the TDM will be
added aboveand beyond what is implicitly indicated in Objective 2.7 and
2.8, pending the City's concurrence ~vith the costs and Staff implication of
a TDM public/private partnership and responsibilities.
City of Boynton Beach. Florida
Response to Objections. Recommendations. & Comments Report
Amendment 00-1 ER
Date: June 6, 2000
Page I of 5
Objection 3. Propos~ed Objective ,2,4 .~f ~ .Transpo~ation Element stares: The
City shall develop at~d maintain a~,~a~£e,' Con~,~nient and energy efficient
'gqulti-modal transportation system which will meet future as well as
current frans needs..The City has provided an inventory of existin~
intermodal facilities, but not an analysis of the deficiencies or projecte~
needs. These data and analysis will assist the City in addressing the need
for additional terminals, connections, high occupancy vehicle lanes: and
pedestrian, bicycle, park-and-ride and other facilities based on land use
projections to facilitate effective implementarion of this objective.
Response: The analysis presented within the E~R_ is adequate and it will be
~ncorporat~d in the text and maps of the support documents by reference.
AdditionalIy, transportation concurrency management map(s) ~vil! be
expanded to address the Department's concerns.
Comment. The transportation map series do not include the appropriate titles,
legend, map scale and the preparation or revision date. The hnclusion of
this information will improve the usefulness of these maps in the City's
planning efforts and enhance citizen's understanding of these maps,
because the maps can be properly referenced.
Response: The map series were intended to update and/or augment the maps
already in the EAR and nor necessarily to substitute them. The maps
presented however, did and do contain appropriate titles and legends. They
MI1 be expanded and improved upon, however, to adequateiy address the
Department's concerns.
Planning Timeframe
Comment. The City projected its population and public facility capacities and
needs to 2015 in the EAR. The proposed Comprehensive Plan EAR-based
,-~endment and support data and analysis have been based on the 2015
timeframe. However, the City did not include in the plan or on the FLUM
any planning timeframe, either short-term, medium-term, or long-term, roe
support the proposed goals, objectives and policies in the Comprehensive
Plan. We recommend the City should include aqt least two planning periods
in the Comprehensive Plan, one for at least tl'~e first five-year period and
one for at least an overall ten-year period.
Response: The Transportation Element addresses appropriate planning
timeframes (Policy 2.2.1 ) for transportation improvements.
City of Boynton Beach, Florida
Response to Objections, Recommendations. & Comments Report
Amendment 00-1 ER
Date: June 6. 2000
Page 2 of 5
B. Non EAR-based Amendment
Future Land Use Map (FLUM) Amendment (LUAR #99-005: Villa Del Sol)
Objection.:~he Amendment doe:g,nor:res~ict develpp~ent activities wkere such
· acfi~{,fi~ do not ~m[ect~h~a~life by:d~rectin~- ~¢~i~t~on,~oncen~ations
~y'~om ~ or PrediCted: eo~' ~gk ~a~d ~em ~dditionally, the
proposed ~engment i~:in~all~ 'incohsistegt Mth Pdli~y 1.21.1 of the
Fu~e Land Us& Element of ~vhich
ha~
Coastal
The ,City did riot, provide
populahon density of the;: and
po~tial
pkin~ng~ ~ ' - ' ""' '~
Response: City staff made two errors in its review comments o~,the appl!cation
for amendment. The first was to reference the location?f ;the amekdment
as being a part of Map location #16 in Table 24 of the Coastal
Managemant Elemem. Thereferencec~map.10catioais ~ntheeast ofU. S.
H{gt{way 1, while the subject parcel is on the;~vest ~fth~,thoroughfare. In
an early draft (>f suppoa documents for the C0astaliMa~gement Element,
the subject property wa~s identified as Map location # 17and corresponding
pOtiey direction in Table 24 provided setback ~ra~ui~ements for
deveiopment of the site,under a Special, High D&n~ity' Residential
degign~atir~n. The map andpnlicy reterenoes'were, rem?~e&frbm the final
version of the ~support documents when'it was de~ided t~~ recognize the
development order in place for the property in i~989 and maintain the
commercial land use designation on the site.
Staff's secondi error was to recommend that the proposed amendment
wou~d be forwarded to the County EMD for review. This is required
when a site is located xvithin tire Hurricane High Hazard Zone and impacts
of the increased density reach thresholds established in the Land Use
Element of the Comprehensive Plan. While the parcel is within the City's
adopted Coastal Planning Area, it is west of the line delineating the
Hurricane High Hazard Zone. It is staff's understanding that under Rule
9J-5.003(18), F.A.C.. the coastal plarming area does nor need to be
City of Boynron Beach~ Florida
Response took_ ections; Recommendations, & Comments Repor~
Amendment 00- l ER
Date: June 6. 2000
Pa=e z of 5
coterminous ~'~Sth: thee Coastal. High Hazard"Area .so tong as all of the
_ C_oastal High Hazard Area is included,within the plann/ng area.
Emergency Support Function 18 - PUBLIC SAFETY of the Palm Beach
Cozmry Comjvrehensive Emergency Management Plan details the
geographic areas contained within each Traffic Evacuation Zone for
htm:icane evacuation. The boundaries for each zone are repeated from the
Treasztre Coast Regional Hurricane Evacuation Study. Zones I I, 12 and
13 encompass areas of the City of Boynton Beach; however, the zone in
closest proximity to the subject parcel is Zone [3 Its boundaries are
described as. "South of Ocean Avenue, east of U. S. 1. north of Gulf
Stream Golf Course, west of Atlantic Ocean." Evacuation Zone 13 is
classified as the Storm Surge Vulnerable Zone for all hurricanes. (See
Attachment. A)
The subject parcel is located svest of U.S. Highway I, and therefore is not
xvithin the Hurricane High Hazard area, defined in Rule 9J~5.003(17),
F.A.C. as "the evacuation zone for a Category 1 hurricane as established
in the regional hurricane evacuation study applicable to the local
goverranent."
Even though the property is not located within the Hurricane High Hazard
area, staff requested that the Palm Beach County Emergency Management
Division review the amendment and provide comments. Their response
indicates that the site is not designated as an evacuation area in the event
of a Category 1 storm. (See Attachment B, paragraph 4)
Il.
Consistency with the State Comprehensive Plan
The proposed Amendment does not adequately address and farther the follow~ng
goals and policies of the State Comprehensive Plan, Chapter 187, F.S.:
Goal (7) Public Safety. Policy 25, regarding local governments adopting
plans and policies to protect public and private property and human lives
from the effects of natural disasters.
Response: Evacuation routes, as shown, addresses the concerns contained with
this Goal as it relates to transportation.
Goal (20)Transportation. Policies 10 & 15. regarding promotion of ride
sharing by public and private sector employees; and promotion of
effective coordination among various modes of transportanon in urban
areas to assist urban development and redevelopment efforts.
Response: An explicit TDM oriented policy ro establish a transportation
management organization as an implementing vehicle for the TDM wilt be
added above and beyond xvhat is implicitly indicated in Objective 2.7 and
City of Boynton Beach_ FIorida
Response to Objections. Recommendations. & Comments Repor~
Amendment 00-1ER
Date: June 6. 2000
Page 4 of 5
2.8, pending the City's concurrence with thecosts, and Staff implication of
a TDM public/private partnership and responsibilitfes.
cit3, of Bo3 nton Beach_ Florida
. ReSponse to Objections, Recommendations. & Comments Report
Amendment 00- I ER
Date: June 6Z 2000
Page 5 of 5
ATTACHMENT A
/
BOYNTON B£~Otf £O~STAZ /~N~GEN£NT :L£NENT
FIGURE !9 - HURRICANE EVACUATION ZONE
-96-
NALTFjq H. KELLER JR. INC.
ConsuYt/ng E-ng~eers ~ P/enners
C~rsl ~s~gs. Flors'da
Ma~y 9, 2000
Dick Hudson, Senior Pla~ner
ATTACHMENT B
, ~ ~'~ F :-
II
Palm Beach County
Board of County
Commissioners
Maude Ford Lee. Chair
Mary McCarty
County b. dministraror
:~oberr '¢,'ms man
ycmr corresponden ~c~ of Apd112, 2000
.~ in land use des~1gnation for the 16 acre
Density Residf~ntial."
The
nent has not established or
designated evacuation
judgment of appropriate Zoning and
mforce such policies.
does
ye Emergency Management Plan
relative to the prohibition or
in evacuation areas.
he Palm Beach County's "Unified Local
tha~ the County, through its Coastal
Man~ has established the public'policy of not
development in coastal areas. It further
state~ ;opulation concentrations be
directed ~ coastal high hazard areas, and it
~oputation densities that negatively impact
hurricane acuation times.
We are not'aware of any designation of the proposed site as a high
hazaid c0~j~!al area, nor do we have any specific information on what
impa~ts the:proposed population densities would have on evacuation
clearance times.
We Would.dearly not favor any resident a development n surge areas
that Would present a threat to public safety or lead to repetitive property
loss claims. As best we can determine from the maps provided, it
appears,the eastern half of the subjec[ site is in or borders on, a
Catego~ 5 ~torm Surge zone. The eastem most portion of the site
appear~ to be in a Category 3 surge zone.
Dick Hudson - Page 2 of 2
Should approval of the land use designation change be granted, we would hope that
developers, property managers, and/or residents would take appropriate steps ~o m t gate the
risks o:f'hdrricane force w:Jnds and surge associated wi~h near coastai locations.
. !.nope these comments are of some assistance in your decision process.
Respectfully,
Palm Beach Gount¥ fimergenc~ Management
ORDINANCE NO. O 00-~i
-AN ORDINANCE OF THE CiTY COMMISSION OF
THE CITY OF E3OYNTON BEACH, FLORIDA
AMENDING THE TEXT OF THE FUTURE LAND
USE ELEMENT OF THE COMPREHENSIVE PLAN
IN CONNECTION WITH .THE APPLICATION BY
GROVE PARTNERS, LTD:, ( FOR THE PROJECT
KNOWN AS V LLA ,DEL SOL) W TH N THE
PLANNING AREA 1P., SAID TISXT AMENDMENT
WILL - ALLOW FOR LAND USE
RECLASSIFICATION; PROVIDING FOR
AN E )IFICATION AND-
WHEREAS, Bradley D; Miller, as Agent for Grove Partners, Ltd., owners
known as Villa del Sol, has requested an amendment:to the Future
Land Use Map for a 1 § acre parcel of land, located at the Northwest comer of
the intersection of Federal Highway (US 1) and-Old Dixie Highway(located within
fromLocal Retail Commercial toSpecial High Dens!ty
Residential; and-
WHEREAS~ the City Commission of the City of Boynton Beach adopted in
989 a Comprehensive Plan and as part of said Plan a Future Land Use
by Ordinance 89-38 in accordance witlt the Local Government
Comprehensive Planning Act; and
WHEREA~ the Future Land Use Element contains the Section VIII. Land
Use Problems and Opportunities which~ in part, indicates the basis for land use
classifications for selected properties as shown on the Future Land Use Map;
and
WHEREAS, the Future Land Use Element, Section VIII. Land Use
Problems and Opportunities, recommended the Local Retail Commercial Land
Use Classification for Planning .Area I.P, consistent wifft an approved
development plan which is now expired; and
WHEREAS, the Special High Density Residential Use Classification has
~een e~bli~hed to Support the.redeve opment of infill lands Within the City's
coastal area and the st~bj~ proje~ represen~ts an infill development on 16 acres
and
Commission deems it
the text. of the Future
.... Section 1. The potion, of ~the Future Land Use Element entitled Land
Use Pmblems and ~Opportunities~ planning:Area 1P. is hereby,amended by
adding thewords and figures-in underlined type, and'by deleting the words and
figures in struck through type, as follows:
I p. Parcelsat Northwest Comer of U.S. 1 and Old Dixie Highway.
Due to the limited demand for commemial floor space along this segment
of U.S~ 1., an initial recommendation of the Comprehensive Plan adopted in
QRQ ,*,~ f~-- ~'"~*"; ~ .... C..~.C~ =~c~'cn* c""!": "' rcccmm~d~d that thes~
~a~s be taken out'of ~e Lo~l Re~it Commemiat 'land use cation, and
3taced in the Sp~i~ High D~si~ Residential ~t~o~. '. - ' -, --- ~ ~
P~ m~,~ ~ ...... ~ ~-~ .... cc~c~c~,. This recommendatDn was not
ena~ b~use a site plan and construction drawings for a shoDpmq center oq
this site have b~n appr0V~ by the C W. The sh0ppinq center has hot bee,,
deveiop~ a~.~he site plan and cons~cfion plan approvals have expired.
Therefor, ~s~ oamels Should be taken Out of the Local Re~il Commerc al
land use ~f~qow ane plac~ in the Special Hiqh Dens~ Residential c~eqow t~
encouraqe development and revitalization of this ama of the Ci~
Section 2._. All laws and ordinances app ying to the City of Boynton
Beach in conflict wiffi any provisions of this ordinance are hereby repealed.
Section 3,.. Should any section or provision of this Ordinance or any
portion thereof be declared by a court of competent jurisdiction to be invalid,
such dec sion Shall not affect the remainder of this Ordinance.
S?ction 4. Authority is hereby granted to codify said Ordinance.
Section 5. The effective date of this Ordinance shall be the date a final
3rder is issued by ,the Department of Community Affairs finding this Text
amendment to be in Compliance in accordance with Chapter t63.3184, F.S.; or
the date a final order 'is issued by the Administration Commission~ finding said
amendment tobe in compliance-in accordance withChapter163.3184. F.S.~ The
-not[ce of compliance becomes a final order 21 days following theissuance of the
notice~ of compliance f during the 21 day period no petitions.are filed challenging
,,the amendment'. Once issued, the Notice of~ Intent shall be attached hereto as
Exhibit,A" and made a part of this ordinance by reference.
FIRST READING this · day of ,2000.
SECOND, FINAL READING AND PASSAGE thi~ day
,2000.
CI~ OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Mayor Pro Tern
Commissioner
ATTEST:.
Commissioner
City Clerk
Non EAR-Baa~! Ameodment
Furore Land Use.~3~Iap (FLUM) Amendment (LUAR ~99-005: Villa Del Sol)
where Such
~om
ReSpons~
und~
that ~he proposed, amendment would be
L is
the
tS),
Emergency S~tppor~ Function 18 - PUBLIC SAFETY of the Palm Beach Court -
Comprehensive Emergency Management Pl~n details the geol/raphic areas contained
within each Traffic Evacuation Zone for hurricane evacuat/om The boundaries for each
,zo, ne, ~¢ repeated from the Treasure Coast Re~i0i~al' Hurr/cane Ew~-,,at/on Study Zones
~, ~z and 13 encompass areas of the City of Bo.ynton Beach; however, the zone in
closest proxim/ty to the subject parcel is Zone 13. Its boundaries are described as, "south
of Ocean Avenue, east of U.. S. I, north of Gulf Stream Golf Course, west of Atlantic
Ocean." Evacuation Zone 13 /s classified as the Storm Surge Vulnerable Zone/'or all
hurricanes. (See Attachment A)
the
space
whicl~/s not listed even as a
It is presmned;
~r potential
for hurricane shelter
IBOYNTON BEACH COASTA£ tYANAGEJqE)VT E£EJqEtVT
FIGUR~ I9 - HU~CANE ~VACUATION ZONE
-96-
ATTACHMENT A
R~quested CiG Commission
Meeting Dates
[] March 21, 2000
[] April 4, 2000
[] April 18,2000
[] May 2, 2000
NATURE OF
AGENDA ITEM
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Xl. LEGAL
A. 2
Dale Final Form Must be Turned
in to City Clerk's Office
March 8, 2000 (5:00 p,m.)
March 22, 2000 i5:00 p.m.)
Ap~l 5, 2000 (5:00 p.m.)
April I9, 2000 (5:00 Ixm.)
[] Administrative
[] Consent Agenda
[] Public Hearing
[] Bids
Kequested City Commission
Meeting Dates
[] May 16, 2000
[] June 6, 2000
~ June 20, 2000
[] tuly 5, 2000
Date Final Form Must be Turned
in to City Clerk's Office
May 3, 2000 (5:00 p.mj
May 17, 2000 (5:00 p.m.)
.rune 7, 2000 (5:00 p.m.)
June 2I, 2000 iff:00 p.m.)
Development Plans
New Business
Legal
Unfinished Business
Presentation
RECOMMENDATION: Ptease place the attached ordinance, pertaining to the request helow on the June 20, 2000 City
Commissmn meeting agenda under Legal - Ordinance 2nd reading. As you may recall, the request was approved at the June
6, 2000 CRy Commission meeting on 1'~ reading of the Ordinance. This request to amend the Comprehensive Plan Future
Land Use Support Document Planning Area 1.p., to support the reclassification from Local Retail Commercial land use to
Special High Density Residential, was approved at the December 2 I, 1999 City Commission meeting for transmittal to the
State. The State has completed its review of this proposal, and their objections are being addressed with additional
informatioh intended to clarify the location of the subject property in proximity to the Coastal High Hazard Area. The
amendments may now be adopted and returned to the State for final compliance review. Staffcunfinues to recommend that
this request be approved.
EXPLANATION:
PROJECT NAME:
AGENT:
OWNER:
LOCATION:
DESCRiPTION:
Villa Del Sol
Bradley Miller
Grove Partners Limited
Intersection of Federal Highway (US 1) and Old Dixie Highway
Request to amend the Comprehensive Plan Future Land Use Support Document Planning Area
l.p., to support the reclassification from Local Retail Commercial land use to Special High
Density Residential to encourage development and revitalization of this area of the City.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
Planning and Zonin~'tJ~ftrector
Ci .t?lgIanager's Signature
City Attorney / Finance / Human Resources
Amendment 00-1 ER
Consistency with Chapter 163, F.S., and Rule ~J~5 & 9-11, F.A.C.
The City of Boymon Beach, in Palm Beach County, has proposed a
Comprehensive Plan Amendment, based onthe City s Evaluation and A~spmisal
Report (EAR) adopted on Apdt I~ 1997,. The pmpqse&' ~endment consist: of
fipdating all of the Elementg isf the City s Comprehensibe Plan as anticipated in
~e ~EAR, The proposed~ E~,basect~iAr~endm~er~t i~91~d~e~ four Future L~md'~Use
~v~5~ (FLUM) c~ ~nges. ~}~e':~iiy l~a~ also pr~pc~d anon-EAR related FLUM
~ha~e,,~e City prpp0~ed,~tO.~rdop~ ~ Amendment ~,;M~,oftJun¢ 0t~ 2000: The
Depmrtment has :identified the following Objections to the prOPOsed A~endment:
A. EAR-,based~mendment ~ .
Transportat:ion El~ment
Objection 1: The l'ransporration Element does not include future transportation
maps identifying the major public transit trip generators and attractors
based upon ~,h,e future land use map; and the pmjegted peak hour levels of
service for t~ansportation facilities £or which level, of service standards are
estab}ished.
Response: Th~ ~i~O generated 2020 thrOugh'fare system and 2020 pedestrian
fac~lities ~re !ncluded as S~ppog a0cuments. Th~ l~ublic Transit System
Map impticitt~y indicates the locati0n, of maj,or public transit trip generators
and attractors~'at various terminals, The map Wilt be expanded, however, to
explicitly indicate the trip generators and attractors based on the Future
Land Use Map. The projected peak hour level of service is contained in
the Evaluation and Appraisal Report as Map 2.9.
Objection 2. The Transportation Element support documentation indicated that
transit market share for Tri-County Rail and ?alm-Tran, as well as
pedestrian and bicycle facilities, ~vould have m increase ~n the City
through transportation demand management (TDI~l)'strategies in order to
modify peak-hour travel demand. However, the City did not include a
policy in this Element establishing TDM programs,
Response: An explicit TDM oriented policy to establish a transportation
management organization as an implementing vehicle for the TDM will be
added above and beyond what is implicitly indicated in Objective 2.7 and
2.8, pending the City's concurrence with the costs and Staff implication of
a TDM public/private partnership and responsibilities,
city of Boynton Beach. Florida
Response to Objections. Recommendations, & Comments Repor~
Amendmen~ 00-1 ER
Date: June 6. 2000
Page I o£5
Objection 3. Proposed Objective 2-¢n~zTranspo~ation Element states: The
City shall develop and maintain a safe, convenient, and energy eJ)?cient
'rhulti-modal transportation system which will meet future as well as
current frans needs. The City has provided an inventory of existing
intermodal facilities, but not an analysis of the deficiencies or projected
needs. These data and analysis will assist the City in addressing the need
for additional terminals, c(Jrmections, high occupancy vehicle lanes: and
pedestrian, bicycle, park-and-ride and other fa6ilities based on land use
projectionsto facilitate effective implementation o.f this objective.
Response: The analysis presented xvithin the EAR is adequate and it ~viI1 be
incorporated in the text and maps of the support documents by reference.
Additionally, transportanon concurrency managemenr-;map(s) wilt be
expanded to address the Department's concerns.
Comment. The transportation map series do not include the appropriate titles,
legend, map scale and the preparation or revision date. The inclusion of
this 'information will improve the usefulness of these maps in the City's
planning efforts and enhance citizen's understanding of these maps,
because the maps can be properly referenced.
Response: The map series were intended to update and/or augment the maps
already in the EAR and no~ necessarily to substitute them. The maps
presented however; did and 40 contain appropriate tides and legends. They
will be expanded and improved upon, however, to adequately address the
Department's concerns~
Planning Timeframe
Comment. The City projected its population and public facility capacities and
needs to 2015 in the EAR. The proposed Comprehensive Plan EAR-based
Amendment and support data and analysis have been based on the 2015
timeframe. However, the CityI did not include in the plan or on the FLUM
any p~anning timeframe, either short-term, medium-term, or long-term, toe
support the proposed goals, objectives and policies in the Comprehensive
.Plan. We reconunend the City should include at least two planning periods
~n the Comprehensive Plan, one for at least the first five-year period and
one for at least an overall ten-year period.
Response: The Transportation Element addresses appropriate plarming
nmeframes (Policy 2.2.1) for transportation improvements.
City of Boynron Beach. Florida
Response to Objections. Recommendations. & Comments Repor~
Amendment 00-1ER
Date: lune 6. 2000
Page 2 o f 5
B. Non EAR-based Amendment
Future Land Use Map (FLUM) AmexXdment (LUAR #99-005: Villa Del SoD
Objeetiol~i,,;The. Amendment does nnt~ restric~ developmenf activities where such
aetivitiex do,not protect human, tire: by .di~ecting.poptilation concentrations
a~vay from~known or predicted coastal high hazard, areas~ Additionally, the
propose&Amendment is, internally inconsistent with ,Poli~y 1.21.1 of the
Future Land Use Element of the City's Comprehensive Plan which
requires t~he City ,to obtain written approx{a!s from.the Palm Beach:,County
· and the City.of~oynton Beach Risk
iaxerea§e,.. 5n residential
density
increase would result in an increase of -~
has,- i
r of the
the · Coastal
Management Element off,ts I ~egard~¢g the C~ty
commitment to ~aintainior re, duce ~urrent~es~;mated hurracane evacuanon
times if development increases in the coastal high-hazard area of the City.
The-;Gity did notf provide analysis of the ~prc~ected impact o£~nt~cipated
population density Of:ithe proposed, ad~tiOfial~ 148 i:[wel[ing units and
potential evacUation ineeds of the: p0pulati~n.:on hurricane, evacuation
plarming.
Response: City staffmade two errors in its review comments on the application
for amendment. The first was to reference the location of the amendment
as being a part of Map location #1.6 in Table 24 of the Coastal
Management Element. The referenced map location is on the.east ofU. S.
Highway 1, while the subject parcel is On the west of that thoroughfare, tn
an early draft of support documents for the Coastal Management Element,
the subjectproperty was identified as Map location #17 and corresponding
policy direction in Table 24 provided setback-requirements for
development of the site under a-Special High Density Residential
designation; The map and policy references were removed frorn the final
version of the support documents ;vhen it was decided -to recognize the
development order in place for the property in 1989 and maintain the
commercial land use designation on the site.
Staff's second error was to, recommend that the proposed amendment
would be forwarded to the County EMD for review. This is required
when a site is located within the Hurricane High Hazard Zone and impacts
of the increased density reach thresholds established in the Land Use
Element of the Comprehensive Plan. While the parcel is within the City's
adopted Coastal Planning Area. it is west of the line delineating the
Hurricane High Hazard Zone. It is staffs understanding that under Rule
9J-5.003(I8), F.A.C., the coastal planning area does not need to be
City of Boynton Beach, Florida
Response to Objections, Recommendations. & Commems Report
Amendment 00- IER
Date: June 6. 2000
page 3 of 5
coterminous with Be Coastal High Hazard Area so !prig as all of the
Coastal High Hazard Area is included within the plarming area.
Emergency Support Function 18 - PUBLIC SAFETY of the Palm Beach
County Comprehensive 'Emergency Management Plan details the
geographic areas contained xvithin each Traffic Evacuation Zone for
hurricane evacuation. The boundaries for each zone are repeated from the
Treasure Coast Regional hrurricane Evacuation Study. Zones 11. 12 and
13 encompass areas o£the City of Boynton Beach; however, the zone ~n
closest proximity to the subject parcel is Zone 13. Its boundaries are
described as, "South of Ocean Avenue, east of U. S. 1, north of Gulf
Stream Golf Course. west of Atlantic Ocean." Evacuation Zone 13 is
classified as the Storm Stage Vulnerable Zone for all humcanes. (See
Attachment A)
The subject parcel is located west of U.S. Highway I, and therefore is not
within the Hurricane High Hazard area, defined in Rule 9J-5.003(17),
F.A.C. as "the evacuation zone for a Category I hurricane as established
in the regional hurricane evacuation study applicable ro the local
government."
Even though the property is not located within the Hun/cane High Hazard
area, staff requested that the Palm Beach County Emergency Management
Division review the amendment and provide comments. Their response
indicates that the site is not designated as an evacuation area in the event
ora Category 1 storm. (See Attachment B, paragraph 4)
IL
Consistency with the State Comprehensive Plan
The proposed Amendment does not adequately address and further the following
goals and policies of the State Comprehensive Plan, Chapter 187, F.S.:
Goat (7) Public Safety. Policy 25, regarding local governments adopting
plans and policies ro protect public and private propers' and human lives
from the effects of natural disasters.
Response: Evacuation routes, as shown, addresses the concerns contained with
this Goal as it relates to transportation.
Goal (20) Transportation. Policies I0 & 15. regarding promotion of ride
sharing by public and private sector employees; and promotion of
effective coordination among various modes of transportation tn urban
areas to assist urban development and redevelopment efforts.
Response: An explicit TDM oriented policy to establish a transportation
management organization as an implementing vehicle for the TDM will be
added above and beyond what is implicitly indicated in Objective 2.7 and
City of Boynton Beach, Florida
Response to Objections, Recommendations, & Co,mments Report
A~nendment 00-'IER
Date: June 6. 2000
Page 4 of 5
2.8, pending the City s concurrence ~th :he costs and Staff.implication of
a TDM public/private partnership and responsibilities.
City of Bo} nton Beach. Florida
Response to Objections, Recommendations, & Comments Repor~
Amendment 00-1 ER
Date: June 6. 2000
Page 5 of 5
.~. . · ATTACHMENT A
]
]
L
I £OYNTON B£J£H COJSTAL kIJNJG£#ENF ELE#ENT
FIGURE ~.~ - nUR~/C,~N,_ EVACUATIOL ZONE
-gd-
Deparcmertt or Public Safety
Emergency ~flula~ernenc
Ma~ McCarty
County Administrator
ATTACHMENT B
May'9, 2000
Dick Hudson Senior Planner
D vison o¢ Ptannlng,.:~. Zoging
City:~f B6~,nt6i5 Bea$,';~ "~;.;
Boynton Beach, FL 3342~0310
your correspondence of Apd112. 2000
~ge ~n land use designation for the 16 acre
~ "Special High Density Residential"
The
nagement has not established or
Plan
judgment of appropriate Zoning and
zials to establish and enforce such policies.
Palm Beach!County's Comprehensive Emergency Management Plan
does n°t c0~tairl specific wording relative to the prohibition or
discouragement! of development in evacuation areas.
Ftowev~,p age ~,~1.3 of the Palm Beach County's "Unified Local
Mitigatic~fii~ ~tegy;. states that the County, through its Co.asta.!
Manage~n¢ .~i Element, has ~stablished the publ!c policy m' not
subsidizihg iaewla~,d expandbd development in ~:oastat areas. It further
states that i is the County's position that population concentrations be,
directed a~, ay from known or:predicted coastal high hazard areas, ano
discourage~ inc¢eases in population densities tiffat negatively impact
hurricane e~acuation iimes.
We are not,aware of any designation of the proposed site as a high
hazard coastal area nor do we have any specific information on what
impacts th~proposed population densities would have on evacuation
clearance times.
We would clearly not favor any residential development in surge areas
that would'present a threat to pub ¢ safety or lead to repetitive property
loss claims~. As best we can determine from the ~aps provided, it
appears the: eastern ha f of the subject site is in, or borders on, a
Categoo' 5 istorm surge zone: The eastern n~ost portion of the site
appears to be in a Category 3 surge zone.
Dick Hudson - Page 2 of 2
Should approval of the land use designation change be granted, we would hope tl~at
deyelopers, property mac~agers, and/pr res dents wou d take. appropriate Steps to m t gate the
risk~ ~ h~cane forc~ Winds ~t~d s~rge ~bC ~ted with near ~oastal locatib~s.
I hope these comments are of some assistance in your decisien process.
Respectfully,
Palm Beach County Emergency Management
ORDINANCE NO. 0 00-~1~
AN ORDINANCE qF THE CITY COMMISSION OF THE
ClTY OF BOYNTON BEACH; FLORIDA; REGARDING
THE PRO3ECT AT THE INTERSEC~ON OF FEDERAL
HIGHWAY (US i) AND OLD DD(ZE HIGHWAY,
KNOWN AS VILLA DEL SOL; AMENDING
ORDINANCE 89t38 OF SAZD C. ETY-BY AMENDING
THE FUTURE LAND USE ELEHENT OF THE
CONFLICTS,
DATE.
EFFECI'IVE~
WHEREAS, the City Commission of the City of Boynton Beach, Rorida has
adopted a Comprehensh/e Future Land Use Plan and as part of said Plan a
Future Land Use Element by Ordinance No. 89-38 in accordance with the Local
Government Comprehensive PlanningAct; and
WHEREAS, the procedure for amendment of a Future Land Use Element
of a Comprehensive Plan as set ford~ in Chapter 163, ~ has been
followed; and
WHEREA~r after public hearing and study, the City Commission deems
it in the best interest of the inhabitants of said City to amend the aforesaid
Element of the Comprehensive Plan as adopted by the City herein.
NOW, THEREFORE, BE TI' ORDAINED BY THE CTFY COHM~SSXON OF
THE CZTY OF BOYNTON,BEACH, FLOR[DA, THAT:
~' Ordinance No. 89-38 of the Oty is hereby amended to reflect the
following:
That the Future Land Use of the following described land shall be
designated as Special High Density Residential (20 dwelling units/acre). Said
land is more particularly described as follows:
~Jee Attached Exhibit "A'
~ That any maps adopted in accordance with the Future Land Use
Element
conflict herewith are hereby
repealed
iy porUon
be invalid, suchdecision
days a~cer .adoption,
the issuance of a final
SECOND/F~NAL READING and PASSAGE ~. day of
2000. ' ·
C~, OF BOYNTON~ BEACH, FLOE[DA
Mayor
Vice Mayor
Mayor Pro Tern
Commissioner
City Clerk
(Corporate Seal)
s:ca\ord\Villa Oe~ So( Land Use An~
Commissioner
R&
~ublA~
Countl~
IBOYNTON B_EACH COASTA£ I~ANAGEM~T ELiCiT
-96-
ATTACHMENT A
Non EAR-Bageit Amendment
Future Land Use Map (FLUM) Amendment (LUAR #99-005: Villa Del Sol)
does not resttict development activities where such
population concentrations away from
known or __ [ areas~
intemall) r 1 12,1 of the Future Land Use Element of the City's
comprehensive plan which requires the City to obtain written, approvals from the Palm
BeaCh County ESivision of
9J-5.005(2)(a), 9I-
5.005(5); C.I
R_esponse, Ci~ staffmade two errors in its review comments on the avolication
for _amendment. 7fhei~first was to reference the'i0cation of the amendment as be'/~ a ~r~
o£ Map Io..cati?n #!6.in Table 24 of the C0aSt~ Management Element~ The ref~'ren~ed
map locataon ~s on the. east of U:$. HighWay 1. while the subject parcet is on the west of
: an:early dra~ of support documents for the Coastal Management
policy
under a
were
recognize t
17 an~ corresponding
of the site
policy references
~ it was decided to
t989. anti maintain the
Staff's secon~ error v~as ~o recommend that the preposed amendment would be
forwarded 1 siteis located within
within
F.A.C~
planning area.
Plan. While the parcel is
it is west of the line delineating the
understanding that under Rule 9J-5.003(1 gL
~ becoterminous with the Coastal High
Are~ is included within the
Emergency Support Function 18 - PUBLIC SAFETY of the Palm Beach County
Comprehensive Emergency Management Plan details the geographic areas contained
within each Traffic Evacuation Zone for hurricane evacuation. The boundaries for each
Zones
It, in.
ATTACHMENT A
I
~ALTER H. KELLER JR.. INC. |
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XI.
Requested CiD, Commission Date Final ~orm Must be Turned
Meetin~ Dates ' in to City Clerk s Offie¢
[] March 21, 2000 March 8. 2000 (5:00 p.In.)
[] April 4, 2000 March 22 2000 (5 00 pm_)
[] April 18, 2000 AprilS, 200¢ (5z00p.m.)
[] May 2, 2000 April 19, 2000 (5 00 ~m)
Requested City Commission
[] uay ~6, 2000
[] June 6, 2000
[] June 20, 2000
[] July 5,2000
Date Final Form Must be Turned
in to CRv Clerk's Office
May 3, 2000 (5:00 p.m.)
May 17, 2000 (5:00 p.m.)
June 7, 2000/5:00 p.m.)
June 21, 2000 I5:00 p.mO
NATURE OF
AGENDA ITEM
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
LEGAL
A. 3
RECOMMENDATION: Please place the attached ordinance, pertaining to the request below on the june 20. 2000 City
Commission meeting agenda under Legal - Ordinance 2nd reading. As you may recall, this request was approved at the
June 6, 2000 City Commission meeting on 1~ reading of the Ordinance. This request to rezone from C-3 Community
Commercial to R-3 High Density Residential was approved atthe December 21, 1999 City Commission meeting for
transmittal to the State. The State's objections' are being addressed with additional information intended to clarify the
location of the subject property in proximity to the Coastal H~h Hazard Area. The amendments may now be adopted and
returned to the State for final compliance review. S~aff continues to recommend that this request be approved.
EXPLANATION:
PROJECT NAME:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Villa Del Sol
Bradley Miller
Grove Partners Lhnited
Intersection of Federal Highway (US 1) and Old Dixie Highway
Request m rezone from C-3 Community Commercial to R-3 High Density Residential.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
Departmer~of'Devglopment Director
City M/nager s Signature
Planning an~t Zon~q~/,fTffector
City Attorney / Finance / Human Resources
AN ORDINANCE
THE
ORDINANCE NO. 0 00' ~ ~
: THE CITY COMMISSION OF
KNOWN
~AT THE
WHEREAS~ the City Commission of the City,of B°Ynton Beach, Florida
Zoning Hap was
adopted.for ; and ' ;- ~-
, as"~ner of the ,property more
particularly d6s~:hereina~er~ has ~eretofore filed a Peti~0n, pursuant to
Section 9 of Appendix A-Zoning, of the Code of Ordinances~ City of Boynton
Beach, Florida, for, the purpose of rezoning a certain t~aCt 9f land, said land
being more particularly describec~ ;: from ,C-3 Community
Commercial
WHEREASr the City Commission deems it, in the be~ interests of the
inhabitants'of 'saitt City to amend the aforesaid Revisect Zoning Map as
heminaiter set fortl-r.
NOVelL T~IEREFORE~ BE Tr OI~DAZNEI~ BY THE
COM~iisszONoi~THE CL'rY OF BOYNTON BEACflt FLOI~DHf THAT'.
~ The following described land, located in the City of
Beynton Beach, Florida as set forth as follows:
See Attached Exhibit"A'
be and~the same is hereby rezoned C:3 (Community Commercial) to R-3 High
DenSity Residential. A location map is attached hereto as Exhibit "B" and made a
)art of this Ordinance by reference. Attached as Exh bt. C ~s a copy of the
onditions/requirements for th s rezoning,-which are incorporated herein.
Section 2: That the aforesaid Revised, Zoning. Iqap of the City' shall be
~mended accordingly.
sec~on or any
dec amd by-a such
~ This ordinance shall become effective immediately upon
~assage..
FTRST READING this day of.June, 2000.
SECOND, F]:NAL READING and PASSAGE this · dayof ]une,.1998;
CITY OF BOYNTON BEACH, FLORIDA
Hayor
ATTEST.~
City Clerk
(Corporate Seal)
$:ca\Ord\Rezoning Villa De~ Sol
Vice Hayor
Hayor Pro Tern
Commissioner
Commissioner
o£
'aT
LOCATION MAP
Golf Road/SE 23rd Ave.
VILLA, DEL SOL
LAND USE.~Ou'~ENDMENT APPLICATION-
E ,IT (.
Conditions of Approval
Project name: V~.LA DEL SOL
File number:.' CFTA # 99;002
Rcference:.Future L~-d Use Text Amendment applica~ionore~ared by Miller Land Plannin~ Consultants, Inc.
dated October I ~ 1,999'
iNCLUDE REJECT
DEPARTIvfl~qTS
Commen~: None
POLIGE ~
Commenm None
Comm~
. Comm~
so~s~O~sT
~ PL~G~ ZO~G
[ Comme~; X
se~ec~%~d on p~j~t
a) No~ !ida ~j~ent ~ r~!dentia[ dis~ict only
1) I sto~
2) 2~stoH~s - 45 ~e~
r~CLUDE R.E.~ECT i
3) 3 st6He,~-60~ ~ ~
4) 4 ~fi~--lO0 f~t ~
b) Sou~ si~ adj~ent to ~sident~l dis~ct ~Iy
2) 2 ~ofi~-40 fe~e
4~ 4 s~Hes ~i00 f~ · ---
2. ~,.pe~!~ l~ap~son ~, n~ ~u~ sides shall hClud. , x
minlm~, ~ne~g~,~l c~opy ~ space~ no ~a~r ~ 20 f~ ~d
~dido~, [~d~,. off__in~ hei_~ _,_Z ~. L-
[ . · ~ .~ :.,; ~-~7'~ ,:' --Z ~ ~:0e~n~. The ·
~mg;to ~e P~'~O~ ~e g~Of~way ~11 include s~nfine
[ be~ ~ng,in hii~, ~ combin~i~ of palm ~d d~iduo~0PY
4. :None. ~; .
~DI~ON~ Q~CQ~SSION CO~ONS ~
MWR/dim
Non F~AR-B~Z6d Amendment
Future Land Usa Map (FLUM) Amendment (LUAR g99-005: Viii,. Del SoO
Objection. The amendment does not
tb~ f
Emergency $~ipport Function I~ - PUBLIC SAFETY of the Palm Beach Coun _
Com~rehens/ve. . Emenzencv. . Management___ P)~,, details the gecgraphic areas conta/ned
v~th/n each Traffic Evacuation Zone for hurricane evacuation. The boundaries for each
cl°s;st roxin~i tl ~' ,,--,~ w ..me! ~.lqr or ~oynton l~each; however, the zone in
p ty the subject parCel is Zone 13. Its boundaries ar~ described as, "South
The
space hurricane.
It is presumed,
potential
shelter
/
BOYNTON BEACH COASTA£ IqANAS~q~IT E£ENEHT
FIr-URE 19 - HURRICANE EVACUATION ZONE
ATTACHMENT A
NALll~ H. KELLER JR.. INC.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XI-LEGAL
ITEM A.4
Requested City Couzmission Date Final Form Must be n~knme d
Meeting Dates in to Cit~ Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
[] March 21, 2000
[] April 4, 2000
[] April 18, 2000
[] May 2. 2000
March 8, 2000 (5:00 p.m.)
March 22, 2000 (5:00 p.m3
April 5, 2090 (5:00 p.m.)
April 19,2000 (~:00 p.m0
[] May l6,2000
[] June ~ 2000
[] June20, 2000
[] Iuly 5,2000
May 3, 2000(5:00 p.m.)
May 17, 2000 (5:00 p.m.5
June7,2000 (5;00 p.m.}
June21.2000(5:00 p.m.)
NATURE OF
AGENDA ITEM
[] Administrative [] Development Plans
[]: Consent Agenda [] New Business
[-'] Public Hearing [] Legal
[] Bids . [] Unfinished Business
[] Announcement [] Presentation
RECOMMENDATION:
Comn/ission meeting agenda under Legal -
June 6~ 2000 Cit~
to the
amendments m the Future Land Use 3
ResidOntial to
change the Future Land
Depamuent
returned to the State fo
Please place the attached ordinance pertaining to the request below on the June 20, 2000 City
2nd reading. As you may rectdl, this request was approved at the
equest to implement the Evaluation and
at the January 18, 2000 City Commission meeting for ti:ansmittal
to the EAR-Based amendme~tS~ but none regarding the proposed
This ordinance would
see attached
now be:adopted and
Staff continues tO recommend that this'request be approved.
EXPI~ANATION:
PROJECT, NAME:
AGENT:
LOCATION:
DESGRIPTION:
COMPREHENSIVE PLAN - EAR-BASED AMENDMENTS -PALMETTO GREEN PARK
AMENDMENT
City of Boynton Beach
South side of the Boynton (C-16) Canal between Seacrest Boulevard and the Florida East Coast
Railway Right-;f-W~y.
Request to amend the Future Land Use map from Medium Density Residential to Recreational.
PROGRAM IMPACT: Represents a required step in the proper maintenance o£the city's comprehensive plan.
FISCAL IMPACT: N/A
ALTERNATIVES: Approval of this umendment would be consistent with previo~us Commission action taken when the
propo~ed am~nd~,~,Wfre transmitted. I /.~
Oepa~n~of~'elSl~m~nXt Director 't~ ~ig , 'gn
'Planning and Zolr~gqJirector
City Attorney / Finance / Human Resources
~. PZ 99-305
TO: Chairman and Members
Planning & Development Board
FROM:
PD. rming and Zoning Direcra~
DATE:
Des~raber;10, i999
SUBJECT: -Request to transrait the .E2aluafi0n and 'Appra/sat Reporr~CE:4.R~-based amendments to the ~
comprehensive Plan as requi~-ed to update the ~'oals obiect yes and -~ :~: ..... '"--- ' -
;~e map !maccordance with state laW. the Eva!ua~ibn' ahd ~p~Sraisa! Repdrr. and ci~3; ~irecfion.
BACKGROUND~ .
The city's comprehensive plgn wa~ omg~nally adopted in 1989 and: Was a'prod,uct of the 1985 Local Govern. men~
Comprehensive, Planning Ac~ of;r. he Sta0e of Florida This plan and ~e co~es~onding data and analysis has
provided in part th~ b~s/s ~9r ¢~ncuff~ncy manaoement, su-~,o,',' for '~' .... ;.2_.: ....... - ,_ _
nammm w~mm me ctty. a,g~e t? [he ¢O~ntinued ba once in the distr butiort of ~ifferent land use~ a'..i,~'~ r~
revte~m, incremental ame~menm co the plan; and spectfically. Fumr~ Lani Use Map, and the initiative for
amending the cky's ~g Degetopmenc ge~adons,
Also "onsisten~,~,¥i~:
reviewe~ [?"
whict~ ptedOn April i'. ~997.
imp t~on
planning wa
though a public par~ic~ation process including two joint Planning&Development Board/City Commission
workshops held on i~/2.~2, ,1~,9~6 and oa May,,-13~. ,1996~ and the, ultimate ~rz~nsmktal hearing held thereafter.
The next ste in the review and u daeino of the c~t's co ' '
P , P = , y mpreheamve plan ~s,r. he EAR;based amendment =rocess.
which is ~he actual amendmeni of the compr{hensive plan~ o~, :a'v/plementation Of ~e'1~97 ,EAR. In prep~.~ation
for this process, staff compiled; a list of all t~ks necessarY to update the t989 ~oOrehe~s~e,~lan $i~,nificant
staff time was spene'compil, ing~is list, which describes nearly 6~0 tasks'that add~4sled u
goo s objectives and polic es (see Exhibit "A") den~ified chon= .................. ~--
law. and hsted chon=es destred, to fUrmer current c~ty d~recnon relattve to redevelopment aCnvmes, new
urbanism, and neighborhood planning. This ist was specifics[ y taken from t~e EAR as apprQved b~ the cky and
accepted by the Department of Communky Affairs (DCA) Thix, kmpiementatio,n t~Lli~t ~J~ ~nc0r~orated
directly nco the con.ct f9r se=¥ices with LaP. u. P attain,- & M~m~i~emene Ser~.4ces
comp ere thxs step n the comprehens ve plan manaoement m:ocess ' E,~h~bit "B?
revisions to alt goals, object,yes and pohctes, ~and the s ec~fic ro osed a
.... ' :. (' ' ' p ' p; p mendme~ts are shorn/in ~ndertlned and
Proposed amend.men~ tothe Corqpreher~ive Plan oen~raJlv fit into the followinc, c~r~o-hr~
A. Statute or Rule changes, as &crated by the DCA (i.e. changes ofdefinit~i~ roarers on ora Traffic
Circulation Elemeni ~o ~3~Tr;msporgation Element, [ncorpor~ion 0f smt~ ~Using ineed dam. etc.):
EAR-b~ed Amendmen~ Po. ge
B. Correctio.ns/modifications of objectives and policies required by changed facts since Plan adoption (i.e.
agency or end~ name changes or elimination such as the Countywide Planning Agency: updating dates or
elimination or revision of policies aaready achieved.):
Po[icy direction changes by the Ci~ since Plan adoption (i.e. Plans such as the Boynton Beach 20/20
Rede~'elopment MasterPlan have been adopted, therefore, there ts a need to place pertinent policies into
the Ci~"s ComprehenSive Plan): and
D. Amendmer~-ts to address new iegblation requirements since E.,-MR adoption have been passed, such as
those policies that regard school siting and inre%-,overramentaI coordination requirements and idend~'
where scg, ools are allowable ~es by right. (These proposed revisionS are being processed according :o an
earlier state deadline. ' Ti, n~s~ p0[icies have" been reviewed by the ci~, ink/ally revie~ved ~¥ the DC,J,, are
the subjecr;o~ DCA ~ommenm and must now be £evised per store commenm and adopte~l w.i~in 50 days
(approximately by mklJantmr7).
PROCESS
The revisions attached here~0 will ~e reviewed by the Planning and Development Board and Commission. and if
acceptable, lo,yarded to the DCA. The DCA will review the amendments and issue an Objections. Recorrwnendadons.
and Commenm (ORC) report The necessary remsions would be made to the plan and adopted by the ci.ty (estimated to
occur Lq May or June of the Year 20CAY>. The adopted, plan is then returned to the DCA for fmaI compliance review.
The next ~tep in ~is process ks die amendment to [he ci~'s. Land Deveiopment Regulations to continue implementation
of rev'sod or newly adopted policies. This.next step will commence once the proposed amendments are found in
compliance by the DCA.
~%PROPOSED .~?vli~ND M~E N'TS
Proposed Text Amendment High. lights:
A. Objectives arm policies within the Future Land Use Element have been made regarding the Ci.ty of Boynton Beach
20/20 Redeveinpmen~ Master Plan. CRA expansion, development of the Ocean District. residential redevelopmem.
fto~cing strategies, downtown urban design standards, sign reguiad0ns, and land use accommodations for the
siting of new schools (see item "F" below). Several of r, hese proposed amendments are represented by Objectives
1.2i and 1.22. and Policies 1.21..[ through [.22.&
The Traffic Circulation Eleme~ ~ been coaver'red to a Trampormdon Element and has been modernized to
include pol!i~ies emphazizing modes of transportation that are alternative to [he automobile, conSistency with the
CiW of BoyntonBeach 20/20 Redevelopment Master Plan and policies regarding emphasis on level of service
(LOSI standards.
C. Tne Utili~' Element and Sub-Elements have been updated to reflect today's current information regarding
sewer/water capaci~' and expanSion [eveis of' se~Jce.
D. The Housing Element has been updated with regard to cu~ent housing funding strategies with an emphasis on
rehabilitanon as a priority program.
E. The Recreation and Open Space Element is proposed to be amended to update outdated objectives and policies.
delete completed objectives or poticies related to park [and acquisition for example, and to remove the adopted
sr2.nda.rds for recreation facilities and neighborhood par~ (Policies 5.2.1.9C.2.1. and 9D.5.%, and alternatively.
~ ,- mamtain them within the dam and analysis for general planning purposes, and specifically, in conjunction with the
neighborhood planning proofs. The ci~-wide st,w, dard. 2.5 acres per £.000 persons. ,,*'ill be maintained as an
adopted standard. [t is the cky's experience that recreation facilities and neighborhood parks are best pfm'med on
EAR-based Amendments
P~e 3
micro (Ic~a/or neighborhood) level, and based on the demand for facilities (by adjacent residents) ~hat exists ac ahac
clue. k should be nSt~ ~ ~e specific recreation facilihes for which S~r~ We be~n adopted are hoc milor~
~o ~ ci~'. ~e ~cilities will be mo~tored m ~e dam and ~alysis for ~e ~tem of pmvid~g a general ~uide or
comp~isoa when necessa~.
The fnte~ovemmenml C~ordh~tation Element and (and Furore La, nd U's~ E emem) have ,been updated co meet new
school. ~ese propos~ revisio~ are be~ pmcassed separate irom '~ greater (red}~) ~en~m pursuit
to ~e eadie[ state proc~sthg deadi~e., These ~pgse~men~e ~be found ~ Ob'eet~e t ' -
1,19.8'~ough'I.Ig.8'.h. 0~jecri¢~ ~;'P6[c . : ~ .... ~.: _ , , ,~ , .ig, Po[ic~ns
~,.7.2 ~ou~ 8.~.4; Dbj~dve 8¢10. Poli~ies 8.:10.g ~arou~
8. [0.8,'objecii¢8 8~ ti; ~nd;~oiici~s 8,'ii. [ ~ g~ 8 3 i.~ ~ rey,isi~m~werereview~d ~d ~ roved for
merg~ ~to one Upaad veaion
For a quick s~a~ 0[~o~[ 0f ~h.e~proposed am~rldments described and included herein:<.the [m~>lemenradon
hs ed m Exhib~ A should be rewewed.
Proposed map ,amendments: <,
The proppsed;E?d?bas~ amen~-nents include ~en: ~dm?n~,m the comprehenib, e plan map set es mc udin~: four
proposed am~'n~i~ts'c~ ~e F~,~¢~ Land Use M,dp (½et E:~2i~it "C ') The ~c0ho~ed
follows:
The Rosemary. Scrub is a i3 59-acre scrub site that was acquired using Preservation '~O00 funds rkrou_~h aioint
appLcanon wtth the county. The grant.ontracc and mana~ment plan requires that the site be reclassified from
Moderate Density Residential ro Recreation for prese~anon purposes. The subject site will continue, to. be Iahe[ed
wi~ the Conservation Overlay desig-nadoa at'~i have corresponding riarradve within comprehensive plan, text
T'ne Pal-mort9 Green park site i~ a 4-acre parco devel0pec~ recendy as a passive park and according ro Poticv
I, i6.1 recreation uses sba i [Se des =re'rated accordil~lv Tb-erefore ~he ~,,~, ~,,.,,~ ~,~ ,-~,~-;.~* ~, ~ ~
Dens[fy Res~denaal to Recreaffon.
The Seacres[ Scrub ~ite is a 53,,69 acre-scrub site. This site was also purcl'~4~, djoindy with the Cnun~ usin~ state
fun~. This property is proposed to be reclassified from the Medium Density;Rasidendal and Low DeXsity,'
Res~denua! cI~mficat,~on~.to ~.,e~ Recreation cl~sificarion, and will be preserved in perpetuity pursuant, to ~
management p~an and interloCa[ agreement.
The isles ac Hunter's Run site consists of 30 acres developed w'th single-fa-rely homes. A historic cour~ order that
was to allow commercial use on this proper'q,.' :vas amended in [996 to a/Iow residential use. To accurate(%r~eflecr
the current use of the property, it should be recla.~ified to Low Density Residential. The plan was previousIv
modified to reflect row Density Residential and use cons stent wi~ ~e i996 A-mended ,Agreed Order: however.
this change was never processec~ as a formal large-scale plan amend-men[.
REC O~h~,-EENDATION
Staff recormmends that the proposed EAR-based amend-menm descr/bed herein be approved. It is the position of scarf
chac ~e Evaluation ~ ApprOval Rep0rr. as adopted by the city in i997. essent ally represents the city s pre kminar~
approval of the IEAR-based amendments which are described heroin. This, position of staff is based on the fact that
these proposed amendmenm are diregtly or indirectly indicated/described within th~,EAR which was ~adopted after twc
~r~hops and rmblic hearings intended to obtain comments from staff, the Board and Commisa/on. and ~he public,
SAR-based Amendmen~ P~g~ 4
However, if addkiond ~Lme is desired ~o review r~ proposed amendments, addidormI dine can be taken though two
different review opdon~. 'Option #[ is for the Board and Commission to approve the amendments for transmitte/to the
State m/d cortdud: further reviews and '~iscussior,~ on th_-he proposed amendments concurrent with the state review. Any
n~cessary modificat'ions to r. he proposed mmendments, can be h~r adopted and merdy identified to the state ~n the re'mt
[ransmit'~[ (follow~g sm~:e revi=w) ~ ",amendments no~: previous|y reviewed". This option allows the proposed ]EAR-
based m-nendments, and the privately-izddated, amendment also being processed with this cycle of large-scale
amendments (e.g. Villa DM Sol), to proceed on schedul& Alternatively, oodon ~ would be for the Board amd
Commission. to postpone trarmmitv, al of ~e proposed amendments until aRer a suf-ficie~t review h~, been completed.
Although r. his opdort may ermure that the proposed amendments are more complete at the ~kne of ~ansrnktaI, ~t would
d~ve~ the amendments from the curr~nt processing schedule. Although a small delay would not likely cause a p~oblem
in the processin~of ~e EA. RTbased'amendments, a pr0~onged deIay should be avoided as the la~rge scale arnendmen[
cvcIes shodld t~o~ overlap) and any postponement may be opposed by the applicants of the private appIic~don as it
woulddelay final approval and projec: corra'n, encemenr., k should also be noted the EAR-based amendmcnr, s are already'
past due~ incindi~ a p~-eviously-granr~d ex~erm~on. However. given the constan[ prog~ress made in this project over the
pas[ year, and ~ reason for the in~entiona! delay, which was in connection v4th the anncipated completion of the
Visiom 20/2@,Redevelopment PIam) DCA has no~ objected to our schedule. Therefore. staff recorn~erids r2'm~the city
transmit the proposed, amendments to the DCA. and conduct addkiorml reviews of the documents, if needed, concurren~
w~th the state,s review period (approxima~ely 3 month~).
J'OL:bc
Enclosures
MAP AMENDMENTS
CAN'AL C
GOLF
L.W; L-2a
ISLES AT HuNTER~"O'4s RUN /
ORDINANCE NO. 0 00- ~5'
._. AN ORDINANCE OF THE ~ COMMISSION OF THE
CiTY OF BOYNTON BEACH, FLORIDA~ REGARDING THE
zt.0 ACRE TRACT, KNOWN AS PALMETTO GREEN PARK;
~AMENDING .ORDLNANCE 89-38 OF SAID CITY BY
AMENDING THE I
DENSIT[~f RESIDENTTAL TO
WHEREAS, ~isslon of the Ob/of Beynton Beach, Rorida has
adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future
Land Use Beme~...t;~by Ordinan~ No. 8~38 in accordencewith the Local Govemment
Comprehensive Planning Act; and.
WHEREAS..', the~precedure for amendment of a Future Land Use Element of
a Comprehensive Plan. as sef:'forth in Chapter 163, J~ has been
followed; and
WHEREAS, the subjec~ proposal would amend a4.0 acre tract (vacant lane0
from Medium Density Residential to Recreational; and
WHEREAS~ after public hearing and study, the Ob/Commission deems it in
the be~c interest of the~nhabitants of said CiD/to amend the aforesaid Element of
the Comprehensive Plan as adOpted by the City hemim
NOW~ THEREFOREt BE TI' ORDA]:NED BY THE CTI'Y COMMI:SSXON OF
THE (ZTY OF BOYNTON BEACH, FLOR[DA, THAT:
~ Ordinance No. 89-38 of the Cit~ is hereby amended to reflect the
following:
That the Future Land Use of the following described land shall be designated
as Recreational. Said land is more particularly described as follows'.
See Attached Exhibit
Section 2: That any maps adopted in accordancew~ the Future Land Use Element
shall be amended accordingly.
Section 3:
repealed? ·
Section 4:
All ordinances or parts of ordinances in conflict herewibh are hereby
provision of this Ordinance or any portion
, such derision
unless
of a final order
~of
~O~DA
,2000.
.Vice Mayor
Mayor Pro Tern
CommissiOne~
Commissioner-
City Cleric
(Corporate ~eai)
s:ca~orcl~ Gre~ Pa~k 0S3000
PARCEL ~:
Lots I and 2, Subdivis/on of Lot 3. Lanehan Subdivision Of Lot 3.
According t0~the phi recorded in Plat Book I0, Page 39, recorded in
the publio records of PalmBeach County, Florida; said land siraate,
lying, and being in Palm Beach County, Florida.
PARCEL 2:
land conveyed by Farmers Bank Trust Company to
Claim Deed bearing date March 23,
1925~ and more panicularlydescribed as follows:
So much of the foliow/ng d ~nt~ed lands as form.~ t~angular p/eec of
land lying and being irnmedia~ely we~ of and adjacent to the r/Sbt of
way o£the Florida East Coast Railway Company, to wit:
Besirming at a point on the seaion line between Secl/on 1I ~ 22,
45 south
States, Survey at thz nor',hwest corner4
Upton.to Peter W. King)~
1349~7
south alonB said seciion line ~o:~
acres and leSS~ ac~rding
law
10
pa~
by
Book 113; Page2!5, of the Palm
Florida records.
File: 311-1
ON CA~AC
~OYNTON ROA~, ~
L
NO.4
· ISLE8 AT HUNTER'S FIt.IN
DEPARTM'F-,NT OF DEVELOPMENT
MEMORANDUM NO, PZ 99-305
TO:
FROM:
Chairman and Members
Planr~ing & Development Board
Micha&l Rump{~ ~'~
Planning and Zoning Director
DATE:
December t0, 1999
SLrBJ'ECT: Request tO transmit the Evaluation and Appraisal, Report (EAR)-based amendments to the
Co'mp~eh~siv~ plan:a~ requked to updale the go~I~;~ objective~ and policies, and Future Land
' Use map in accordance with state law, the Evaluation and AppraisalReport, and city direction.
BACKGROUND
The city's comprehensive plan was originally adopted in 1989~ and was a product of the 1985 Local Government
Comprehemive Planning Act of the State of Florida. This plan and the corresponding da~a and analys/s has
provided, in part, [he basis for concurrency managemer~, support for thejoim acquisition of high quality scrub
habitats within the city;~ a guide to the continued balance in tho distribution of different land uses, a guide to
reviewing incrernentat:imendmenta to the plan~ and specifically, Future Land Use Map, and the initiative for
amending the city's Land Development Regulations.
Also consistent with state law. in 1997 the slams of comprehensive plan data and implementation was formerly
reviewed as part of the Evaluation & Appraisal Report (EAR) process. The EAR was adopted on April 1; 1997.
which focused on the status of the city and the plan, and included recommendations necessary m completely
update the Comprehensive Plan. Recommendations focused on updating anct deleting completed or outdated
goals; objectives:and policies; inserting new recommendations to promote current city directian and maintain
compliance With new state requirements; reorganizatiort of portions of the planpertaining to neighborhood
improvements; and removing selected recreation standards from adopted.standard~ in order t.o facilitate rec[.eati?n
planning in conjunctiorl with the new functionOf neighborhoodplanning. The EAR wa~ rewewed and finattzea
though a public pa~.i¢ipation process including two joint plarming &Development Board/City Commission ~'
workshops held on April 22, I~996 and on May 13, 1996, and the ultimate transmigal hearing held thereafter.
T~. .... , ~,.,, ~, ~h~_ te~ie~w an~.uodatin~ of the ciW~s comorehensive plan is the EAR-based amendment process.
which knthe actm~am~dmen~of th* comprehensive plan, or tmplementat~on of the 1997 EAR. In preparattou
for this process, staff.compiled~ a list of all tasks necessa~ to update the 1989 comprehensive plan... Significant
staff tirn~ was spem:,compi!ing ~his list, w~?,desc~ibes nearly 600 tasks that addressed updating individual
goals, obje~tive~-~t~d g01icies (Se*Exhibit A ); identifie~t changes necessar~ to retrofit ti~e plan to current state
law; and Iistfid changei desirect to further current city direction relative to redevelopment activities, ne~ .:
urbanism, a~d. ne(.~-~o~rhood pl~anning. This list ~was specifically taken from the EAR as approve~d by me city and
accepted by~ the~ D~parth~,~ o~Commtmity Affairs (DCA). This kmplementation task list was incorporated
directly into the c0ntraet for services with LaRue Plaxming & Management Services, Inc. who was hired to,
complete this step ia the compgehensive plan management process. Exh~it "B" consists of the proposed
revisiong toiatl~g0als; :objectives and policies, anti,the specific proposed amendment~ are shown in underlined and
crossed-out text.
Proposed amendments, to the Compr~ensive Plan generally fit into ti~ following categories:
A. Statute or Rule changes aa dictated by the DCA~ (i.~. changes qf definitions; conversion of a Traffic
Circtitatiori Element to a Transpomation ~lement...: incorporation of state homing need data. etc.);
EAR-based Amendments
Page 2
Correction/modifications_ . of objectives and policies required by changed facts since Plan adoption (i.e. ~
agency or entity- name changes or elimination such as the Count~ide Planing Agency; updating dates or
elimination or revision of policies already achieved.); -~
Policy direction changes by the Ci~:since Plan adoption :(i,e. PlanS:sueh;as,the~BOynto~Beach 20/20
Redevel,opment Master Plan have been adopted, therefore, there is a need, t$ pla6e pertinent policies into
the City s comprehensive Plan); and
D. Amendments to address new lecislation re-uireme .... ;.~ ~ ~., _~__.. . _
· ~: ,~ -~. o,~,.~ mn.r. auupucu3 nave oeen p~sed, such ~
~ose ~lmMs ~t re. rd sch~l sing ~d ~t~gov~en~ coo~ti0m r~q~i~Mme~and idenii~
wher~ schools ~e. ~iowabte ~e&;~ fi~t. (~: pm~d rev~iom am ~g pr~ acco~n~ to ~
; ~ ",.; :,: ; ~?, ,: ~; ~ . ~z~m~d~,~t~c~e0~;~,~w~thm 60 days
PROCESS
The rev.~.ions, attac.he? he..mtO ~[II be revi~wed hy. flae P. Ianning andDevetopment Board and commission, and if
a~ep.~le, ro .r .'~.;.~ae~. t0 the DC.~A. The DCA: w,.II, rev,ew the. amendments and issue an. Objec~Ons, Recommendations,
ana,t;.on.a~...ants t~)r~._~.~ .~f~e..c. ess~a~/re.vm,o .n~ ~ou~d be mads'to the planand.adop~ed:b~ th~ city (esfimar~d to
occur m ~ay or:~m~ or u~ ~e, at_~ut~). ,l, ne a~opted pl~ is,then returned to the DCA for final icomp?nce re~iew~ ~
T~.¢ next.step m ~m;p;rocess m ..~ am~, .~cm to,the city. S. Land Development Regulations to c~ntinue ~rnplemenmtion
or revmea or newty aaop~ed pohc~es. Th~s next step will commence once the proposed arnendments are ~'oUnd/n
cornpliance by the DCA.
PROPOSED AM~NDME~NTS
Proposed. Text Ameadment Highlights:
A. ?` b~f ~`~ec~`~`t~: an? p~c~ 5vithin ?e~ Future Land Use F2e. `. `mant have been mads regarding the~ity ~ B~ymn~ Besch ~
zu~zu t~edevelopmem Master ~'~an. ,CRA 'expamiom d~velopment of the Ocean District~ resici~ntial redevel~pmenL
fmancEg stra~egiesi downtownmrban design s~/sign regulations, and land use accomm~iafi'ons
l.z~ md Lz,z, and FoHcies, 1.21.1 through 1.22,¢.
been converted to
C. The Utility ElemantandSub-,Etements ha ebeenupdstedtoreflec~todayscurrentinformauonregardmg
seweiVwater capacity~ed expansiozt.levels of service. -
D. The Housing,Element has b~en updated with regard to current housing funding strategies with,aa emphasis on
relm~ilitation as a priority program.
The ReCreation and ~en ,Space Element is proposed m' be amended to! update outdated objeetiveS:a~d polki~s, to
delete complete~d abj~tiveS or policies related tO park Iand acquisition for example, anct to remove the adopted
standards for r~reation faei!ities and neighborhocd parks (Policies 5.2.'1, 9C.2. i,~ andi9D.5.4), and alternatively,
ma.~. tain ~em,,, ~.~.'. the data and anatysis for genera! plam~ing purposes, and spe~ific~lly,~ in .conjunction with the
ne,ghborhoed';p:~ ~,lamning proce~. The qi~-wids stan~: 2.5 acres periL000 piersoria,lwiti be-rnainmined as an
adopted standsrd; :It is the~City s experience that recreatioa facilities a~dmeighborhoo~ par;ks are~best planned on a
EAR-based Amendments
micro (local or neighborhood) lea(el, and based on the demand for facilities (by adjacent residents) that exists at that
time. It should be noted-that the specific recreation facilities for which standards have been adopted are not tailored
to the:city. The facilities will be monitored in the data and analysis for the intent of providing a general guide or
comparison when necessary.
Coordination Element and (and Future Land, Use Element) have been updated to meet new
board and to improve the siting of future
pumuan[
1
8.t0.8,
· Policies 8.10.4 through
approved for
: amendmentS will be
For ~quicg ,of:m.0.~_0f,.the:Pr0pesed,. ,,a~nendme~ desdribed and included herein~; the implemenmaon rusks
listed ~ Exhibit -A,' ~hould be reviewed, '
Proposed map. amendments:
The proposec?EAR, based mendments include amendment~ to .th~ .c,o. mprehansive plan map series including .f. ou~, (4>
proposed amendmenm tothe Future Land Use Map (see Exhibit C ), The proposed amendments are describco as
follows:
· ' ' " 2000 funds through a joint
The Rosemary Scrub is a 13.59-acre scrub rote that was acquired using Preservatmn
application with the county. The grant contract and management plan requires that the site be reclassified from
Moderate Density Residential to Recreation for preservation ptaposes. The subject site will continue ro be labeled
with the Conservation Overlay designation and have corresponding narrative within comprehensive plan text.
2. The PaLmetto Green Park site is a ~acre parcel developed recently as a paSmve park_ and according to Policy
1.16.1. recreation uses shall be designated accordingly._ Therefore, the property should be reclassified from Low
Density Residential to Recreation.
I: 3, The Seacrest Scrub site is a 53.69 acre-scrala site- This site was also purchasedjointly with the County using state
i funds. This property is proposed to be reclassified from the Medium Density Residential and Low Density
~' Residential classifications to the Recreation classification, and will be preserved in perpetuity pursuant [o the
management plan and inteflocatagreement.
4. The Isles at Hunter's Run site consists of 30 acres developed with single-family homes. A historic court order that
,[ was ~o allow commemial use on this property was amended in 1996 to allow residential use. To accurately reflect
the current use of the property, it should be reclassified to Low Density Residential. The plan was previously
, modified to reflect Low Densi~ Residential land.use consistent with the 1996 Amended Agreed Order; however.
" this change was never progessed as a formal large-scale plan amendment.
RECOMMENDATION_ . -
Staff recommends that the proposed EAR-based amendments described herein be appwved. It is the p_o, sition.or stair
that the Evaluation a~d Appraisal Report, as adopted by the city in 1997 essentially repres.e.nm, the .city s pr.el .mufuary
approvallof the EAR-based amendments which are described[ herein. This position of staff ts based on the tact mat
these proposed amendments are directly or indirectly indicated/described within the EAR, which was adopted a~er two
workshops and public hearings intended to obtain comments from staff, the Boartl and Commission, and the public.
EAR-based Amendments
Page
~o~wever, if.additio.ml ~t~rn~ is. desir, e? to review tile proposed amendmemx, additional time can be taken though two
rrerent rewew opnons~-Option #1 ~s for the Board and Commission to approve the amendment~ for transmittal to thc
Stat~ and conduct timber reviews and discnssion.~ on the proposed amendments concurrent with the state rewew. Any
necessary modiFmatiorm to
JGL:be
Enclosures
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XI. LEGAL
A. 5
Requested City Commission
Meet/ag Dates
[] March 21, 2000
[] April 4. 2000
[] Apffl 18,2000
[] May 2, 2000
Date Final Form Must be Turned
tn to City Clerk's Office
March 8. 2000 (5:00 p.m.)
March 22, 2000 (5:00 p.m.}
April 5, 2000 (5:00 p.m.)
April 19, 2000 (5:00 p.m.)
Requested City Commission
Meeting Da[es
[] May 16,2000
[] June 6, 2000
[] June 20. 2000
[] July 5, 2000
Date Final Form Must be Turned
in to CRV Clerk's Office
May 3, 2000 (5:00 p.m.)
May 17, 2000 (5:00 p.m.)
June 7. 2000 (5:00 p.m.)
June 21, 2000 (5:00 p.m.)
NATURE OF
AGENDA ITEM
[] Administrative [] Development Plans
[] Cdnsent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
RECOMMENDATION: Please place fl!¢ attached ordinance, pertalrdng to the request below on the June 20, 2000 City
Commission meeting agenda under Legal~.-:0r ,d~)ance 2nd reading. As you may recall, this request was accoroved at the
June 6., 2000 City Commission meeting~ onl~!:.r~ding.of the Ordinance. This reqUesl to imp!er~ent the Ev~aiuation an~
Apprmsal Report (EAR)-based amendments was approved at the January 18, 2000 City Commission meeting for transmittal
to the State. The state had various comments/objections to the EAR-Based amendments, but none regarding the proposed
amendments to ~e Fu.tu[.e Land Use IVl~ap, ~e?bject proposal would amend a 30.0 acre tract from Office Commercial to
Low Denstty Residential to accurately ~epre~the d~v~loped use of this property known as the Isles at Hunter's Rrm. This
ordinance would'change the Fnmre Laiid Ug¢ classification to "Low Dansity ResidUal,, F0r an Overview of the EAR
based amendments see attached Dep~ent ~D~veiopment memorandumho' PZ 99-30~. The p?oposed EAR-bas-e~'~-
amendments can now be adopted and ~tume~ ~¢~he State for final compliance detemfination. St~ff continues to
recommend that this request be approved
EXPLANATION:
PROJECT NAME: ~OIVIPREHEN~St~E~ PLA~- EAR-BASED AIVlENDMENTS -ISLES AT I':IB2qTER'S RUN
AMENDMENT ' ' '
AGENT: City of B0Ynton ~e~ch
LOCATION: West. side of C0n~ress Avenue af S.W. 35~ Avenue
DESCRIPTION: Request to amen~he Ft*Vare Land Use map fi.om Office Commercial to Low Density Residential.
PROGRAM IMPACT: Represents a ~equlred step in theproper maintenance of the city's comprehensive plan.
FISCAL IMPACT: N/A
ALTERNATIVES: Approval of this amendment would be consistent with previous Commission action when the proposed
amendments were originally ~ansmitted.
D partm~fott/De'l~elopment~Director Cit~ Manager's Signature
Planning end Zoni~/D~'~ctor
City Attorney / Finance / Human Resources
DEPARTMENT OF ~EVELOP*IENT
M~E,'~ioR~N-DL~! NO. PZ 99-305
TO:
FROM:
DATE:
Chairman and Members
Planning & D¢'Telopment Board
MtchaelRumpr
Planning and Zoning Director
Deceraber J.O. 1999
SUBJECT: Reque~ t0 t~'ansmk '..he Evaluation and Appraisal >Reg. orr (E&R)~based amendments to the
Com~r~sn, s{ve ~t'. ~a~n a~ geqmred: to update the go~}~, p~j¢~., ~:eC,~nd pohc~es, and Fut~e Land
Use map~'Ir~:accordance~ wt~h state law. ~he E~i~i6g,arl& gAppr~Isa[ Report. and.c:ty dt~e~io~
BACKGROUND
The city's comr~reb, e~ive plarr ~as originally adopted in 1989 ~nd ,was:,a :product of the i985 Local Government
Comprehensive Plarm,ingAct:ofdie 5tam ofFIorida, Thisptananddhe,¢0, rresp0ndingdata andanal.;sis has
provided in parr~ :die~aos. [or ~'p~ ncurr.e, ncy magtagement, suppc~= ~{r rh~}fgin~ ~cqtiisiii~n o~high~uality scrub
habitats within the~ %~. ~4' grade,to ~e,g,Pnrmued baIance m the dist,r~bu,t~O~¢pf ~fferenr,lan~ uses. a grade to
rev ewmg mcremenm~amenc~mee~m~ge plan. and specrfically F,0.mm ta~d Erie Map~and ~e:,nmauve for
amending, the city,s
Also consistent ' was formerly
which
tpdate the Cot
goals, objectives a
compliance
improvements
~.to:c0mpletely
though
The next step a{ t :ess.
whic~ is the
for this process, ificane
staff time was s
[aw: and listed
urbanism, and ~ ? the city and
steep
£O
com[ -
revist, underlined and
crossed-out text. <,..
Proposed amendments to ~e C0mprener~ ye Plan generally fit mm the folIowmg categories[
A Stature or Rule ctmnge* as'dictated by the DCA ( e changes o~;:Ief'mktons conVermon or a Traffic
Circulation Element ton Trknspormtion Element. incorPOration of state h0usifig need data. etc.):
EAR.-based Amendments
Page 2
Correcdo~/Fnodit]cadons of objectives and policies r~uired by chanted facto since Plan adoption (i.e.
agency orentity name changes or efimination such as the Coun~w de-Planning Agency' updating dates or
elimination or revision of policies already achieved.):
Policy direction changes by the CiCy smce Plan adoption (i.e. Plans such as the 8ovnton 8each 20/20
Redevelopment Master Plan have been adopt~I, therefore, there is a need ~o plac~ ~e~inem policies ~o
~he Ci~'s Comprehe~ive Plan); and
Amendments tO address new legalation requiremenr~ smce EAR adoption have been passed, such as
chose pol[Gies that regard school sit~g and ~tergove~enml :oord~adon requirement and idenri~-
where schools ~e allowable ~es by right. (~ese proposed revisio~ a~e berg proc~sed accord~ ~o an
e~tier sam deadline. ~ese polici~ have been review~ by'the ci~: ~tialty re?ew~ by ~e DC~, are
· e s~j~r 0f DCA co~eaa ~d must now be revtsed per stare co~ena and adopted within 60 days
(appmx~ly by mi~Ganuaw).
PROCESS
The revisions a~rached hereto will se reviewed by the PIanning,and Development Board and Commission. and if
u ~?mmen~ t~x~.] repot, the necessary revisions would be made to the ,-'
occur m Nfay or Sune of the Year '~0O0) The adopted plan is then returned toV~;' '~"-~ ~uu~t_~u .OM me ~!ty }~st~.ared ro
· ~ - ' DCA for Ylnal comphanc,, revtew
The next step in this process is the amendmem to the city s Land Devel0,,roe~- o~-.,_.: ..... ,. '
of revised or newly adopted policies. This next step will commence once the proposed amendments are found in
compliance by the DCA.
PROPOSED .~M~kND M~N"r S
Proposed Text Amendroens Highlights:
A. Objectives and poIicies within the Future Land Use Element have been made re~rding the City of Boynton Beach
20/20 Redevelopment Master Plan. CRA. expansion, development of the Ocean District. residentiai redeveioproenc
financing strategies, downtown urban design standards, sign re=mzlations, and land use accommodations for the
siting of new schools (see item "F" below). Several of aese proposed aroendmencs are represented by Objectives
!.2i and 1.22. and Policies 1.2i.I through 1.22.-%
Tine Traffic Circulation Eleroent has been converted to a Transportation Eteroent and has been modem/zed to
include policies erophasizing roodes of transportation that are alternative to the auromobile, comistency wi~ the
City of Boy'nton Beach 20/20 Redeve~oproenr Master Plan and policies re~rdkqg emphasis on level of service
(LOS) standards.
C. The Utility Element and Sub-Elemenm trove been updated to reflect today's current information regardin_~
sewer/water c~aci ,ty and expansion levels of se,~,ice_ ' -
D. The Housing Element has beer[ updated with r~gamt to current housing fundin~ strategies with an emphasis on
rehabiliration as a pnorky program.
E. The Recreation and Open Space Eteroent is proposed to be amended ro update outdated objectives and policies, to
delete completed objectives or poIicies related m park land acquisition for example, and to'remove the adopted
standards for recreation facilities and neiohborhood arks Policies 5 '~
.... = P ( .~.i, 9C.2. i~ and 9D.5.~-), and akermdveiv.
- mamtaro thoro wtthm the dam and analysis for general ptatming purposes, and specifically, in conjunction with ~e
netghborhood planning process. The city-wide standard. 2.5 acres per 1.000 persons, w}tI be maintained as an
adopted standard, k is the city's experience that recreation facilities and neighborhood parks are best pIanned on a
EAR-based Amendments ,'Page 3
micro i local or neigh.bprhood) level, and based on the demand for facilities ~by adjacent residents) that exists at thor ~
tune. It should be noted that the specific recreation facilities for which standards have beeaadopted are not ailored
to the ci~'. The facilities will be monitored in the data and analysis for the intent of providing a general g'aide or '~"'
comparison when necessary.
Ti~e, inie~governinen, ta[ Coo/'dk~at!o~ Element ! rnee~, new
m~um ~equkements ~o improve coordination ~ of furore
schools. These proposed revisions are being
For a quick s _umma~ of~most of the pr~opp~eci:ame!~dmgnts ~iesnribed and Lacluded her~.in,, the ,implementation asks
Propesed~mgp)me, ndmenaj, ~ ,. , '
The pr?g°sed~Eia-~-fbafed ~encLmen~'inclade ~e~m m ~e;comprehe~[v~ plan map seri~ ~clud~ four (4)
proposed ~e~enm m,,~Fu~e ~ UseM~ isle E~btt '?C'~). ~e p,ropo~ ~en~a ~ede~nbed a
follows:
The Rosemary, Scrub is a 13.59-acre scrub site that was acquired using Preservation 2000 funds through ajoint
anplicadon wkh the county. The grant contract and management pi,sm requires that the site be reclassified from
Moderate Density Residential to Recreation for preservation purposes. Toe subject site will continue to be labeled
with the Conservation Over ay de~i~nat!on and have corresponding narrative within compreha~ive plan text,
The Pal.memo GreenP~k si[{l
~ al 4-acre parcel developed, recently as a,passlve., park, and, according to Pfflicv.
t. I6. I. recreation Uses, shall be desigrmted accgrdingly. Therefore. the property should be reclassified ~mm Low
Density Residential to Recreation.
3. The SeacrestScrub site is a 53.69 acre-scrub site. This sire was also pumhased jointly with the Count' using state
funds,. This property is proposed to be ret!ossified from the Medium Density Residential and Low Density
Residential classifications rothe Recreation classification, and will be, preserved in perpetuity pursuant m the:
management plan and interiocal agreement.
4. The Isles at Hunter's Run site consists of 30 acres developed with single-famiLy homes A historic cou.,x order that
was m allow corm'nereid! use on this property, was amended in 1996 to allow residential use:. To accurately reflect
the current use of the property, it should be reclassified to Low Densi~ Residential. The plan was previously
modified m reflect Law, De, ky Residential land ~e consistent wirA the [996 Amended Agreed Order: however.
this change was never processed as a formal large-scale plan amendment.
RECONhM2~NDATION -
Staff recommends that the proposed EAR-based amendments described herein be approved, k is the position of staff
chat the Evaluation and Appraisal Report. as adopted by ~e city in i997, essentially represenm the city's prelLmmary
approval of the EAR-based amendments whmh ~.re descmbed hereto. This [~osmon of staff ts based on the lac, ~a
these proposed amendmenm aredkecdy or indirecdy indicatedJdescrib~ within the E,-~. which was adopted after tv,'o
~rkshops and pu, blic hearings intended to obtain comments a'om staff, the Board and Commission. and. the public.
EAR-based Amendments
Page
However, if' additional time N desired to review the proposed amendments, additional time can be taken though two
different review options. Oction # i N For tile Board and Commission to approve the amendments for trar~rtfi-ttal to the
State and conduct farther reviews and discus.~ions on the proposed amendments concurrent with the state review. Any
necessary modification to me proposed amendments can be later adopted and meret¥ identified to the state in the ~-mat
transmittal (following state review.} as -amend.menu not previously re,2iewed'~. Thi~ option allows the proposed EAR-
based amendments, and the privately-in/tinted amendment also ~eing processed with this cyole of large-scale
amendments ie.g. Villa Del Sol), to proceed on schedule. Altematively, o~tinn ~ would be for the Board and
Comm/ssion to postpone rrar~mieal of r. he proposed amenm-nents until after a sufficient review has ~een completed.
Although this opnon may ensure that the proposed amendments are more complete at the time of transmittal, ir would
divert the amendments from the tut'rant processing schedule. Although a small delay would not likely cause a pmblem
in the processing of the EAR-based amendments, a prolonged delay should be avoidgd as the large scale anent[merit
cyoles should not overlap, and any posrponoment may be opposed by the applicants of the ~rivate application as ~t
would delay f'mai approval and p~r0ject gpmmenoement. It should also be noted the E.4~R-~ased amendments are alreadv
pazr due: including a,pre'~tously-granted ~xrension. However, given the constant pm~s made in this project over the
past year, and the/'~ason for the intentional delay, which was in connectin¢ with the anticipated completion of the
Vision 90/20 Redevelopment Plan DCA has not obiected to our schedu'~: ~' ...... ' L- · _ _ .
transmit the proposed amendments to the DCA, and conduct additional revmws of the documents, il: needed, concurrent
with the state's reiAew period (approximately 3 months).
JGL:bc
EncIosures
MAP
"Il
NO.4
· ISLES AT HUNTER'S RUN
ORDINANCE NO. 0 00- ~qG
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH; FLORIDA, REGARDING THE
30 ACRE PARCEL, KNOWN AS ISLES AT HUNTER'S
RUN; AMENDING ORDINANCE 89-38 OF SAID CITY BY
AMENDINGTHE FUTURE LAND USE ELEMENT OF THE
COMPREHENSIVE PLAN OPT HE CiTY BY~ ADOPTING
THE PROPER LAND USE OF CERTAIN PROPERTY, MORE
WHEREAS~ ~e,Qty Commission of the Qty of Boynton Beach, Florida has
adopted a ComprehensiverFuture Land Use Plan andas part 0f said Plan a Future
Land Use Element by Ordinance No. 89-38 in accordance with the Local C-overnment
Comprehensive Planning Act; and
WHEREASr~the procedure for amendment of a Future Land Use Element of
a Comprehensive. Plan as set forth in Chapter 163, ~ has been
followed; and
WHEREAS, ~he subject proposal would amend a 30,0 acre tract from Office
Commercial to Low Density Residential to accurately represent the developed use
of this property known as the Isles al: Hunter's Run; and
WHEREAS~ after public hearing and study, the Qty Commission deems it in
the best interest of the inhabitants of said City to amend the aforesaid Element of
the Comprehensive Plan as adopted by the City herein;
NOW, THEREFORE, BE l'r ORDAINED BY THE CTI'Y COt4HISSION OF
THE (ZTY OF BOYNTON BEACH, FLORZDA, THAT:
Section~ 1: Ordinance No. 89-38 of the City is hereby amended to reflect the
following:
That the Future Land Use of the following described land shall be designated
as Low Density Residential. Said land is more particularly described as follows:
See attached Exhibit "A"
Seddon 2: Tha~any maps adopted in accordance wi~h the Future Land Use Elemen~
shall be~amet~ded accordingly.
~ All 'ordinances or parts of ordinances in conflict herewith are hereby
]rdinanceor any portion
be invalid, such decision
days after adoption, unless
'.~ ,- C~ OF?BC'YN'ITON BEACtt; FLOP~TDA
,2000.
MayO~, ·
vice Mayor
Mayor Pro Tern-
commissioner
Commissioner
City Clerk
(Comorate Seal)
s:ca\c~r~\L~es at Hunters P. LmO52GO0
A PARCEL OF LAND LYING IN SECTION 6, TOWNSHIP 46 SOUTH. RANGE 43 EAST, PALM
BEACH COUNTY~ FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COM.M,,~N. ClNG ATTHE NORTHEAST CORNEROF SAID SECTION 6;~ THENCE,' SOUTH
00°00 08'. EAST, A~L~.~TI~I. EEAST LINE OF SECTION 6, A DISTANCE OF 2263.81 FEET;
THENCE~ SOUTH 90 (30 00'~ WEST, DEPARTING SAID EAST LINE, ^ DISTANCE OF 60.00
FEET TO THE INTERSECTION THEREOF WITH.THE WEST RIGHT-OF-WAY LINE OF
CONGRESS AVENUE FORA POINT OF BEGINNING (P.O.B.)
1041,
THENCE,
SUMMIT PLAT NO. 1
THENCE~ SOUTH 00°00'08~' EAS~ ALONG THEWEST RIGHT-OF-WAY LINE OF SAID
THENCE~ SOUTH 00°00'09'
A DISTANCE OF-
THEREOF WITH THE BOUNDARY LINE OF
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PALM BEACH COUNTY, FLORIDA;
ALONG '[HE BOUNDARY-OF SAID PLAT OF
DF 743~07 FEET; THENCE. NORTH 00°00'00'
OF 380.00 FEET; THENCE
THENCE, NORTH 90°00'00~ EAST A-
BEGINNING (p;o.B.)
1.28 FEET;
THE POINT OF
CONTAINING, ~.9~71 ACRES, MORE OR LESS.
SUBJEC~'iT0 RESERVATIONS; EASEMENTS AND RIGHTS-OF-WAY OF RECORD.
LOCATION MAP EXHIBIT
MAP AMENDMENTS
NO.4
· ISLES AT HUNTER'S RUN
DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO, PZ 99-30S
TO:
FROM:
Chairman and Members
Planning & Development Board
Michael Rump~'~ ~z_
Planning and Zoning Director
DATE:
December 10, [999
SUBJECT:' -Request to trausmit the Evalu~ati0n and Appraisal Report 0gAR)-based ~n~endmenta to the
Comp~rehe~ive Plan as required t6 Updgte the goals, objectives,andpoiicies, and Future Land
,. u~e:map ~ acc0~'dance with state law, ~he Evaluation and Appraisal Repo/rt, antic[tv direction.
BACKGROUND
The city's comprehe~ive plan was originally adopted in 1989, and was a product of the i~985 Local Government
Comprehensive~ Planning Act of the Smra of Fiorida. This plan and the :orresponding data and analysis has
provided; in part. the basis for Concurrency management, support for the joint acqUisition ~.f high quality scrub
habitats within the city. a :~uide to/he continued balance in the distribution of different land uses. a guide to
reviewing increme, ntal ~'ner~dments to the plan, and specifical!y, Furore Laud Use Map. and the initiative for
amending the city s Land Development Regulations. .
Also consistent with state law. in 1997 the status of comprehensive plan data and implementation was formerly
reviewed as part of the Evaluation & Appraisal Report (EAR) process. The EAR was adopted on April 1. 1997.
which focused on the stares of the c~ty and the plan, and included recommendations necessary to completely
update the Comprehensive Plan. Recommendations focused on updating and deleting completed or outdated
goals;.0b~ectiv.e,s and policies; inserting new recommendations to promote current City,direction and maintain
compnance w~m new state requirements; reorgani?ation ofoortions of the nlan ne.~,~in~, t~ ~;,~h,~,,.~
~nprovements; and removing selected recreation standards from adopted standard~ in order to facilitar~ recreation
planing in conjn~tioa with the new function Of neighborhood plauning. The EAR was reviewed anc~ finalized
though a ~ublic p~cipatlon process including tw0 j0int Planning &De~,etopment Board/City CommisSion
workshops held on April 2:2. [996 and on May 13. 1.996. and the altirnat~ ~ransmittal hearing held the/'eaf~er.
The next ~tep in the,re¥iew and u[xLating o~f the citY's comprehensive plan L~ the EAR-based amendmem process,
which is the actual amen .dment 0f the.COmprehensive plan,.or imPlementation of the 1997 EAR. In preparation
f°r this pr~cess~ sta~~~mpi~ed a list ~f al~ tasks neces~ary t~ update the ~989 c~mprehensive p~an. Significant
staff time was spent compiling this list. which describes nearly 600 tasks that addressed updating individual
goals, objectives aLnd poi[cie.s. (see Exhibit 'A~); identified changes necessary to retrofit the plan to current state
law: and listed changes desired to further current citY direction relative to redevelOpment activities, new
urbanism, and neighborhood planning. This list was specifically taken from the EAR as approved by the city and
accepted by the Department of Community Affairs (DCA). This implementation task list was incorporated
directly intfi the contract for services with LaRue Planning & Management Services, Inc, who was l~ir~d to
complete this step in the comprehensive plan management process. Erda[bit "B" consists of the proposed
revisions co ali goals, objectives and policies, and the specific proposed amendments are shown in underlined and
Proposed amendmepts to the ComprehensivePIangenerally fit into-the following categories:
A. $~amte 9r Rule~hange~ as dictated, by the DCA(i.e. changes of definitions, conversion of a Traffic
C~rculauon EIernent to a Tramportanon Element. incorpqrafion of state housing need data. etc.);
EAR.-based Amendments Page 2
B. Correctio.!ts/modifications of objectives and policies required by changed facts since Plan adoption (i.e.
agency or entity name changes or elimination such as the Countywide Planning Agency; updating dates or
elimination or revision of policies already achieved.);
C. Policy direction changes bY the City since Plan adoption (i.e. iPiar~ such as d~eB°YntonBeach 20/20
Redevelopment Master Plan have been adopted, therefore; there is ~n~d tolpiaee~m~nt polici~.'into
the City s CompreltenSive Plan); and
D. Amendments to address new legislation requirements since EAR ad0Pt~qn ha~'e;~b~e~q~p~sed, such as
those policies that regaxd school siting and intergovernmental ¢oordL,~tion requirements and identify
PROCESS
Tile }5vNi~r~ attached hete~?ll'Be 'reviewed by the PIanning and DeveloPmeht
accep~ te~: ~'orw~r<e~t't0~Lhe DCA: 'The D~A ~i!l r~view the amer[dments and issue an iqb~0~,. ~R~rmn{n~ons,
=-d~6~nts tO~) ?~d~ Th~ ~ re~isions would be m~/d~ to the ~plan and ad0ptedby
occur ii~.May Or ~U~e:of ~be ~2000). The ~gpted p~,a~d ts th~n~ ~tum~.tq
The ne~t step in ~Proce. ss ~S file amendmemt to the city s Land Deyelopr0¢nt Re~ati0ns t9
of revised or newly adopted policies, This next step will commence once theproposed amendments are found m
compti ~a~e by the DCA..
c~e~ ~m~ Furor: Lana usc Element hav~ bean:made regarding the C~/y of Boyntan
~fii ~Plan, ~ expa~, ioh~ ~evel0pment Of thc: Oc~m Di~tr[c):; r~idential ~evelopment.
~dbXv~t~ m, ba~ design st~ndards~ s:gr~ regulat~om, and land useaccommoO~[tipm., for t~e~
l~,lse~ ~m. "F" below), Several o~ thes~ proposed amendmenm am mPr~nted, b~ QbJeen¥es
Policle. s,,l:2I.l through 1.22.. : .
(LOS)
C. Th~ Ut~ty EI~aent ~and ~u~El~ents hav~ bee~ UL~dated t° reflect tcday's current inf°rm~ti°n re~c!~g~
sewer/water c~paCi, tY~ expanston levels of service.
D. Th¢H~sing:~m~be~nuLLLLLLLLL~iatedwi~reg`ardt~¢qrr?th~usingfund~ng~t~ategies~ithanemph'asis°n, - -
rehab~tatton~ a pnon~ program.
delet~ c0mplete~ 0b]eedyes':or policies related to' park land ~cqu~.mort f°r e~e, .a .n~,~ g ,m,°ve ~e. ac;~P~ :,
,t~,. ~iL' m~>. , v ~ ' ~ ' t~ ~. ~ , " ~.' :~ "
noiofiU&ho&l ~1~ ~i~' Tha city-wide'standard,. 2 5 acres ~er 1,000 pers0m, w~¢ ma~ ~ed a~ a~
adopted s~:t It ls ~ ~/'s experience that recreauoa ~acilmes and netghborhood pagk~ are best planned on a.
EAR-based Amendments
Page 3
micro (local or neighborhood) level, and based on the demand for facilities (by adjacent residents) that exists at that
tame. It shouli:[ be noted that the specific recreation facilities for which standards have been adopted are not tailored
to the city. The facilities will be monitored-in the data and analysis for the intent of providing a general guide or
comparison when necessary. '
The In£ergovemmentat Coordination Element and (and Future La-nd'Use Element) have been updated to meet new
minknm eequirements to improve coordination with the local school board and to improve the siting of future
schools. These. proposed. .revisi°ns .are,. being processed separate from the greater(remaining) amendments pursuant
tO the earlier state p_roo_e~mg deadlinei These proposed amendments can be found in Objective 1 19. Policies
i. 19.8 through 1.19.&h, Objective.8.7, Policies 8.7.2 though 8.7.4. Objective 8.10, Policies 8.10.4 through
8.10.8, Objective 8.11,:and Policiea 8.11.i through 8. i'1.4-. These revisions were reviewed anti,approved for
aaopt~ ann sen. t .oF to=me DCA for compl,ance,review while the remaining propOsed ~endments.~ill be
tmmmit~edifor:mmat DCA :revie~ Prior to adoptiom Once both gr'oupe of amendments are adopted, they will
merged int~ 6ne uPdat~ version of the ¢ompre~hensii, e plan. _, be
kstetl mk. KlllDlt. A ShOUter l~e reviewecL.
PropOsed map amendments:
The pm.posed ,FAl~?ased,am_.endme_ntz include amendments to .th.e, .c,.o, mprehensive plan map series inclnding four (4)
proposea amenoments to me t, uture Land Use MaP (see Exhibit C ). The propOsed amendments are described as
foilows:
The Rosemary Scrub is a 13.59-acre scrub site that was acquired using Preservation 2000 funds through a joint
application with the.comaty. The gram contract and management plan requires that the site be reclassified from
Moderate Density Residential to Recreation for preservation pUrPOses. The subject site will continue to be labeled
with the Conservation Overlay designation and have corresponding narrative within comprehensive plan text.
The Palmetto Green Park site is a 4-acre parcel developed recently as a passive park, and according to Policy
1.16.1, recreauon uses shall be designated accordingly. Therefore, the property should be reclassified from Low
Density Residential to Recreation.
The Seacrest Scrub site is a 53.69 acm-scrub site: This site was also purchasedjointly with the County using since
~fun .~.. ~ .pro.~p~.is prol:.~...se~ to be r. eclassified from the Medium Density Residential ..~ Low Density
t~esmermat ctassmcaUous to me Recreauon classification, and will be preserved in perpetuity pursuant to the
managemem plan and interlooal agreement.
Thc Isles at. Hunter's Run site co .l~.is~ of 30 acres developed with single-family homes. A historic court order that
was to allow commercial use on th/s property was amended in 1996 to allow residential use. To accurately reflect
the current use Of the property, it should be reclassified to Low Density ResidentiaL The plan was previously
modified to reflect Low Dem/ty Residential land use consistent with the 1996 Amended Agreed Order; however.
this change was never processed as a formal large-scale plan amendment.
RECOMMlgNDATION
Staff recommend~ that the propOsed EAR-based amendments described herein be approved. It is the pOsition of staff
that the Evaluation and Appraisal Report, as adopted by the city in 1997, essentially represents the city's preliminary
approval of the EAR-based amendments which are described herein. This position of staff is based on the fact that
these propOsed amendments are directly or indirectly indicated~'described within the EAR, which was adopted after two
workshops and public hearings intended to obtain comments from staff, the Board and Comm~ion. and the public.
EAR-based Amendments Page
However, if addition..time i~ desired to review the proposed amendments, additional time can be taken though two ~
different revlew optiorm. Option #1 is for the Board and Comm.tssion to approve the amendmen~ for transmittal to the ..~
State and co~-duct further reviews and discussions on the proposed,amendments concurrent with the state review. Any
JGL:bc
Enclosures
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XI. LEGAL
A. 6
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to CiW Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
[] M~ch21,2000
March 8, 2000 (5:00 p.m.) [] May 16. 2000
May3, 2000 (5:00 p.m.)
[] April 4, 2000
Mexch 22. 2000 (5:00 p.m.) [] June 6, 2000
May 17, 2000 (5.00 p.m.)
[] April t8,2000
[~1 May 2, 2000
April 5, 2000 (5:00 p.m3 [5~]' June 20. 2000
Apffil9,2000 (5:00p.m.) [] July5 2000
lune 7, 2000 (5:00 p.m.)
June 2L 2000:(5:00 p.m.)
NATURE OF
AGENDA ITEM
['~ Administrative [] Development Plans
[] Consent Agenda. [] New Business
[] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
RECOMMENDATION: Please place th~ attached ordinance, pertaining to the request below on the June 20, 2000 City
Commission meeting agenda under Legal- Ordinance 2nd reading. As you may recall, this request was approved at the
June 6, 2000 City Commission meeting on 1r reading of the Ordinance. This reqUest to implement the Evaluation and
Appraisal Report (EAR)-based amendments was approved atthe January 18, 2000 City Commission meeting for transmittal
ro the State. The state had various comments/objections to the EAR~-Based amendments, but none regarding the proposed
amendments to the Future LandUse Map. The subject ordinance would amend a 53.69'acre ttaet from Low Density
Residential and Medium Density Residentialto Recreational as required by the interlocal agreement with Palm Beach
County for maintenance of the Seacrest Scrub site. This ordinance would change the Future Land Use classification m
"Recreational" (the Conservation Overlay qle~ignation would remain). For an overvxew_of the EAR-based amendments see
attached Department of Developmeut memorandum no. PZ 99-305. The proposed EAR-based amendments can nowbe
adopted and returned to the State for final compliance determination. Staff continues to recommend that this request be
approved.
EXPLANATION:
PROJECT NAME:
AGENT:
LOCATION:
DESCRIPTION:
COMPREHENSIVE PLAN - EAR-BASED AMENDMENTS ~SEACREST SCRUB AMENDMENT
City of Boyuton Beach
Between Seaarest Boulevard and the Florida East Coast Railway R/ght-of-way, approximately 100 feet
south of SE 31= Avenue.
Kequest to amend the Future Land Use map from Low Density Residential and Medium Density
Residential to Recr~ati0nal as required by the interlocal agreemeffi with Palm Beach County.
PROGRAM EVIPACT: Represents a required step in the proper maintenance of the city's comprehensive plato
FISCAL LMPACT: N/A
ALTERNATIVES: Approval of this amendment would be consistent with previon~ Commission action taken when the
pr°p°s6damendme,~sl~transmitteck % ,/ ~
Deparma~t of'De~/e-'[opm['~t'lJ~'ector Cffy Manager's Signature
Planning and Zoni~l/SlI~tor City Attorney Finance / Human Resources
TO:
FROM:
DATE:
Chairman and Members
Plarming & Development Board
MichaeL,Rump f/'e c~.-
Planning and Zonin~ D/rector ~
December I0 i999
SUBJECT: R..qtie~t to cUansmit the Evalua mn
..... t amd
~- ,, - . pp ,Report ~gAR}-based amen~ents to'th
~ompk'~nenstve ~-'tart as ~0~irc~
~ . , - , ? --:- =~ uaject!ves an~,po c es and ~umr~ Land
~ACKGRO~
The ci~'s compr~hensiv~ pl~ w~ odgCalI7 adopted in 1989.. and~ was a- product of the 1985 Local Gover~enr
Comprehe~ive Pla~ing Act, of the store of Florida. ~is phn and $hi~orr~ond ng data and ana¢'gis has
provided, in para:ibc b.asN f~=r c0~ur~cy management su~p0a for the j0im. acqu sitioa of high qualim scrub
habiram within m~!:{¢, a gui~ r0' ~e ~finued balance }n the dis~i~utio~ of different land use; a =ui& to
reviewing incremehmt amend~enm r0 tM =Inn. and specifically, F~'~re ~ihd Use Map. and the inkiarive for
amending the ci~5i LaM De~elg~meat Re~ladons.
Also consistent
reviev ~edy
which foc~ed
goals, o~
compliance wiR
pianrdng
though a
workshops held orr April, 22. 1996 and o
~ May L.,, 1996 :ransmktal hearing held thereaier.
The n~'~t step in the review and u"dadra of the cm's co
· , .~ , v _ y mpreffcnsi~e plan,iq ~e EAR-based amendraeri~process
which is the; actual ame, ndment of Ore comprehensive,plan,
for thi~ process, ,scarf compiled~ list Mall .tasks necessary~to ;u~date~t.~ 1989'~omprehensive plan Sighifiiant
staff time w~ spent~co~pi!ing chis list, which describes nearly 600 ta*~s thafaddr~ssed Updat na ind v dual
ooals ob ectt,'es anrin~Iicies/see E:~ibk" '
J ':. . t A ) tdenafied chan~es necessary- ~to retrofit the o an to current stare
rent g~? dlreotlon relative to redevelopment actt;ques, new
urbanism and neighborhood planning This list was specifical 7 taken from the EAR as a roved by the c' '
ac.c~pted by the Department of Community .4.flairs (DCA). Thla,impl~enta[i0n iasa Esr Was inCocpor~ited
directly nfo the coat"act for services with LiRue P attain,, & M~'na¢,enie-r
comp ere thru step n the comp,'ehenstve 0 an manao'ement ,,roc~
revisions tp all goals, obj~cdyes~and policies; and the ~peCi.fi~.pr~9t~Oa~dgamendi~nenti ~re si'mw~xia t~n~ilerlined and
crossed-out text.
Proposed amendments to the Comprehensive p an c, enerallv fit into the fo lowln(~ rar~.n,4o. "
A Statute or~ Rule chana'es a~ dicta: ' ~, ' .-- '~' '~' ": ' -
· = , ed by ~e DCA (LC. chart=es of d~tmtion.% converstor~ of a Traffic
Cimulation Element to a TranSportation Element. incorporation of state housing need data. em..):
EAK-based Amcadmenm, Page 2
B. Corrections/modifications o fob. iectives and policies requked by changed facts since Plan adoption (i.e-
agency or'endvy name changes or elimination such as dne Countywide p[arming Agency: updating dates or
e[iminanon or revision of policies already achieved.):
Poiicy direcdonchanges by [,he City since Plan adoption (i.e. Plans such as the Boynton Beach 20/20
Redevelopment Master Plan have been adopted, therefore, there is a need to place pertinent policies into
the Cky's Compreheusive Plan): and
Amendmenm to address new legislation reqmrements since EAR adoption have been passed, such ms
those policies that regain school sit~g and ~rergove~enml coord~arion requimmenm and identi~'
where schools are ?10wable ~es by right. (~qese proposed revisio~ are being proc~sed according to an
e~tier ~tam d~dline. T~e potici~have,becn reviewed by ~e :i~. ~rially reviewed by ~e DCA, are
~e subJ~r of DCA co~enm ~d mint now be revised per sate co~enm and adopted within 60 ~ys
(approx~tely ~' mid-lanua~).
PROCESS
The revisions attached hereto will he reviewed by the plarmmg and Development Board and Commission. and if
acceptable, forwarded to the DCA. The DCA will review the amendments and issue an Objections, Recommendations.
and Comments (ORC) report. The necessary revisions would be made to the plan and adopted by the city (estimated
occur in May or June of the Year 20COk The adopted plan is then returned to the DCA for fun.al compliance review.
The next step in:thi~ process is r. he amendment ro the city's Land Development Re=maladons to continue im~ :emenmdon
of revised or newly adopted policies. This next step wilI commence once the proposed amendments are found in
compliance by the DCA.
~'-~PROPOSED A~'~IENDM~ENTS
Proposed Text Amendment Highlights:
A. Objectives and policies within the Furore Land Use Element have been made re~rding the City of Boynton Beach
20/20 Redevelopment Nfasrer Plan. CRA expansion, development of the Ocean District. residential redevelopment.
financing strategies, downtown urban design standards, s~gn regnlasions, and land use accommodations for the
rating of newschoois (see item "F" below). Several of these proposed amendments are represented by Objectives
1.2i and 1.22, and Policies L2I.I through 1.22.-*.
B,
The Traffic Circulation Element has been :onverrod to a Transportation Element and has been modem/zed to
include policies emphasizing modes of transportation that are alternative to the automobile, consistency with the
City of Boynton Beach 20/20 Redevelopment Ma~ter Plan and policies regarding emphasis on level of service
~LOS) standards.
C. The Utility Element and Sub-Elements have been updated to reflect today's current information regarding
sewer/water capacity and expansion leveks of service.
D. The Housing Eleme~ has been updat~ wkh regard to current housing funding strategies with an emphasis on
rehabilirarion as a priority program.
E. The Recreation and Open Space Element is proposed to be amended to update outdated objectives and policies, to
delete completed objectives or policies related to park land acquisition for example, and to remove the adopted
standards for recreation facilities and neighborhood parks (Policies 5.2. I.. 9C.2. i. and 9D.5:4), and akematively.
~ ~. maintain them within the dare and analysis for general p[arming purposes, and specifically, in conjunction with the
neighborhood plmmmg process. The city-wide standard. 2.5 acres per 1.000 persons, will be maintained as an
adopted standard, k is the city's experience ~at recreation facilkies and neighborhood parks are best planned on a
P~e 3
micro ([ocal or neighbqrhood) level, and based on the demand for facilities (by adlacent residents) that exists at &at
time. It should be n6ted that the specific recreation facilities for which standards have been adopted are not tailored
to the city. The faciliries will be monkored in the dam and analTsis for the Lntent of providing a general =m.~ide or
comparison when necessary.
2e [ntergg?aTLm~qm! C°0rd~w-ign Element and (and. Furore Land U~e Elemer~r)-lmve been ul~dlked to meet new
sch0ols,in/mUmTneserequirementslt° improve coordination with,the iota[ school boird ~dd ~6:~p~oPe' the ~iting of furore
proposed revisions are be~ processed
ro u pursuant
1.19.8
8. i0
will be
For a quick story Qf,m~t, ctf th,e proposed amer~drcenr~eacr[bed and included herein~ the implementation tasks
Proposed map amendment4: ~ . . ~ , ~
The prop seda -b d inc,=de ne, dm :o .....
~O[tOWS:
1. The Rosemary, Scrub is a t3.59-acre scab site that was acquired using Preservation 2000 funds th. rough a joint
application with the county. The grant contract and management plan requires rlmt the site be rectass~ed from
Moderate Density Residential ro Recreation for preservation purposes. The subject site will conrinuem be labeled
wi~ the Conservation Overlay desigrmtion and have cctrresponding narrative withLrt compreher~ive plan text.
2. The Pa/memo Green Park site is a 4-acre par~t develope~irecendy as a passive park. and according ~o Policy
i. I6. l. recreation uses shall: be designated accordingly. Therefore. the properq,' should be reci,%ss fled:from Low
Density Residential ro Recreation.
The SeacresrScrub site is a 53.69 acre-scrub site. This site was also purchased joindy wi~ the County using state
funds. Tnis property, is proposect to be reclassified from the MediumtDensity Residential *ind Low D~'nskv
Residential classifications to the Recreation classification, and will be :preserved in perpetuity pursuant
management plan and interlocal agreement.
The isles as Hunter's Run ske consists of 30 acres developed'with single-family homes· A historic courz order thai
was m allow cormmerciai use on this property was amended in i996 :o allow residential use. To accurately reflect
the current use of the property, it should be reclassified ro Low Density Residential. The plan was previously
modified co reflect Lo~ Density Residential land use eons[stent with r.<e I996 Amended Agreed Order: how,*~ver.
this change was never processed as a formal large-scale plan amendment.
RECO~D~[ENDATION
Staff recommends flint ~e proposed EAR-based amendmenm described herein be approved, k is r~e posidon of staff
that :he Evaluation and Appraisal Repoa, as adopted by the city in 1997, essentially repre~ents the city's pretimimry
approval of the E.M*,-based amendments which are described herein: This position of staff is based :on the fact that
these proposed,amendments are d~zecrly or ind~recdy [nd[cased/described within the EAR, which was adopted an:er t~vo
>r~hops and public hearings/ntended to obtain commen~s from staff, the Board and :Commission. and the public·
EAR-b~ed Amendmenm Page 4
However, if additiorml time is desired :t~' review the proposed ~eiadments, addifiorm! time can be r. akcn though cwo
different review optioni. 'Oodon # l is~ for the Board and COmaTassion to approve the amendments for tmosmit-ml to the
State and cnnducc fur~er reviews and d~iscttssions on the proposed amendments cor~¢urren~ with the state review. Any
necessary modifications to the proposed: amendmems can be later adopted and merely identiHed to the .~tate in the fmal
tran.smirta[ (following state review) as "amendments not previously revicwed".~ This option allo~vs the proposed EAR-
based amendments, and the privatety-Luidated amendmen~ also being processed with this cycle of large-scale
amendments (e g. Villa De Sol), to proceed on schedule. Akernatively, ootion ~ would be for ',he Board and
Commission to postpone trarmmittal of thee proposed amendmenr, s until afar a suf-ficient review has been com=leted.
AIr..hough this option may ensure d-,a~ the proposed amendments are more complete at the time of transmittal, it would
dive= r.b,e amendments from,~e cusren~ processing scheduIe. Although a srrmll delay woui~d no~ Iike[y cause a problem
in the processing Of ra~ EAR-based amendments, a prolonged de!ay should be avoided as the large {cale amendment
cycles should not oveflap. aiad any postponement may be opposed by the appticar~ts of the private application as it
wou d de ay,front approval and project commermemen~. [t should also be noted the EAR-based amendments are already
past due. in:furling a pre~iou.sly-gran{ed extension However, g~ven the ¢onsm.q~ progress made in this projec: over the
pastyear, and. thc;reason for the int~ndormI delay, which was in connection with the antimpated compieti0r~ of the
:Vision '~0/'~0'Red~veI0pmeni: Plan. DCA. has not objected to our schedule. Therefore, stuff recommen~ ,that the cI,t7
trartsmit the proposed amendments to the DCA. and conduct addidorml reviews of the documenr~, if needed~ concurrent
with '.he state s rew¢ period (approximately 3 monr.~).
J'GL:bc
Enclosures
MAP
ON C
~OYNTON
GOLF
NO.4
· ISLES AT HUNTER'S RI. JN
!
AN ORDINANCE OF THE CI-i'Y COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE
53.69 ACRE PARCEL, KNOWN ASSEACREST SCRUB;
AMENDING ORDINANCE 8g-38 OF SAID CITY BY
AMENDINGTHE FUTURE LAND USE ~ENT OF THE
COMPREHENSIVE PLAN OF THE CITY BY ADOFTING
THE pROpER ~D USE OF CERTAIN pROpERTY, MORE
PARTICULARLY D~BED HEREINAFTER; SAID LAND
LOW
DENSITY
CONFLICTS, SEVERABILrrY AND AN EFFECTIVE DATE.
WHEREAS~ the City Commission of the City of B~yntonBeach, Rodda has
adopted a Comprehensive Futura Laad Use Planand as i~art ot~,said Plan a Future,
Land Use Elemer~t by Ordinance No,~89-38 in accordance with the Local Government
Comprehensive Planning Act; and
WHEEEA~ the procedure for amendment: of a Future Land Use Element of
a Comprehensive Plar~ as set forth in Chapter 163, ~ has been
followed; and
WHEREAS; the subject proposal would amend a 53.69 acre tract (vacant
land) from Low Density Residential and Medium Density Residential to Recreation
as required by the intedocal agreement with Palm Beach County for maintenance
of the Seacrest Scrub site; an~t.
WHEREAS, al~er public hearing and study, the City Commission deems it in
the best interest of the inhabitants of said City to amend the aforesaid Element of
the Comprehensive Plan as adopted by the City herein.
NOW~ THEREFORE~ BE l"r ORDAINED BY THE CITY COMI4ISSION OF
THE CITY OF. BOYNTON BEACH, FLOR/DA~ THAT:
Section 1: Ordinance No., 89-38 of the City is hereby amended to reflect the
following:
That the Future Land Use of the following described land shall be designatec[
as Recreational Said land is more particularly described as follows:
See Attached Exhibit "A"
Seddon 2: That any maps adopted in accordance wiW the Fu~re Land Use Element
shall be~mended according y
~e hereby
ice or any po~on
5, such dedsion
~EEEADING~and P~SSAGEI:his : ~: day~ ~'
~ ~ ~;~? ~'~!-~;~ (~f. OF BOYNTON BEACH~ FLOI~DA
,2000.
Mayor
Vice Mayor
Mayor Pm Tern
Commissioner
Commis~oner
Ci~ Clerk:
(Corporate Seal)
s:ca\ord'~.~a~'est Scrub052600
EXHZBZT A
~og~he=. w~ the $out~ h&l£ of 6overnmen~ Lot 3, ~h~
~ of Sec=ion 4,
, Range 43
90I
ON CANAl
30YNTON ROAD
NO.4
· ISLES AT HUNTER'S RUN
DEPARTMENT OF DE3~ELOPMENT
IViEMORANDUM NO. PZ 99-305
TO:
FROM:
Chairman and Members
Planning & Development Board
Michael Rump(z
Planning and Zoning Director
DATE:
December i0, 1999'
SLqB,IECT: Request. to transmit:the Evaluation and Apprais~ Report (EAR)-based amendments to the
Comprehensiw Plan as required to update the goals, objectives and policies, and Future Land
- Use map in accordance with state law, the Evaluation and Appraisal Report. and city direction,
BACKGROUND
The city:' 's comprehensixte, plan was originally adopted in 1989, and1 was a product of. the 1985 Local Government.
Comprehensive Plannhcg Act of the State of Florida. This plan and the corresponding data and analysts has
provided, in part, the ,basis for concurrency management, support,for the jqint acquisition of high quality scrub
habitats Within the city', a guide to the continued balance in the di~ribution of different land uses, a guide to
reviewing incremental amendments to the plan. and specifically, Future Land Use Map, and the initiative for
amending the city's Land Development Regulations.
Also conststent with state law. in t997 the status of comprehensive plan data and implementation was formerly
reviewed as part of the Evaluation &Appraisal Report (EAR) process. The EAR was adopted on April 1. 1997.
whick focused on the status of the city and the plan. and included recommendations necessary to completely
update the Comprehensive Plan. Kecorm'nendations focused` onupdating and, deleting completed or outdated
goals~ object,ives and policies; inserting new recommendations to promote:current: city direction and maintain
compliance with new State requirements;reorganization of portions of the plan pertaining to ne/ghbor)ood
improvements; and removing selected recreation standards;fr0m adopted standards in order t? ¢cilka!e ~ecy?ation
planning,in' conjuncti0n~ with the new function of neiglabor.h,'ood, phrming..The EA~ wa.s ~me~w~ed ~a~.d .finalized
though a public participation process including two joint,Plannings&Development Board/Ctty :tzprnm. m,s~ti
workshops held on April 22. 1996 and on May 13, 1996, and the ultimate transmittal hearing held there er.
The neXt step in the review and updating of the city's co~prehens,ive plan is the EAR-based arn~endment Process,
which is ~he acmalame ~p. dment of,the c0mprehensive plah.~r implementation of the 1997 EAR. In preparation
for th?process, ~taff ¢?mpiled a list of all thsks necessary to update the 1989 comprehensive plan.' '~i~aificant
staff time was spent compiling this list. which describes nearly 600 tasks that addressed updating indi~'i~tuai
goals, ot~jeetives and p01i¢ies. ¢ee Ext'dbit,"A"); identified .changes necessary to retrofit the pla~ to current state
law; and lis~ed changes desired to furthe~ current city dii'ection, relative to redevelopment activiues, new
urbanism, and neighborhoociplanning~ This list was specifically taken from the EAR as approved by the city and
accep red b~y the De p am.enl.; of -:.C°mmunity. Affairs. (DCA).. This implementations, task list was incorporated
directbz into the contract for servtces wtth LaRue Planmng & Management Servmes, lq¢, who was htred to
corn l~'te this ste in the comprehensive plan management process Exhibit "B" Consists of the proposed
P P -
revision~ to ail goals. :objective* and polic,ies, azid the specific proposed amendments are shown in underlined and
crossed-out text.
Proposed amendments to the Comprehensive Plan generally fit into ~e following categories: . . ~
A.: Sta~te o~ Rule changes as dictated by the DCA (i.e. Changes of:defi~ious, convermon of a Tramc
Circulati6n Element to a Transportaiion~ Element, incorporation of state housing need data, e~c.);,
EAR-based Amendments
P~ge 2
Correcrio32s_/modifications of objectives and policies requited by changed facts since Plan adoption (i.e.
agency or entity name changes or elim/naion such as the Countywide Planning Agency; updating dates or
elimination or revision of policies already achieved.);
C. Policy direction changes by the Cin~ since P a- ~,~^_,:A_ ,: _ ,~;.
'; - auoF~'tt t~.e. r't~ns such as th~:;e;0ynton Beach 20/20
Redevelopment Master Plan have been adopted,-therefore,' there ~ ' a'hS~(i i to. ~c~_ P~rtinent. policies into
the City's ComPrehensive Plan); and
D. Amendments.. to address new leg/siation. .. reqmrements, since EAR ad~ption. ~. have,b~n. ~ passed, such as
~se pol!c~ thax ~e,.gard~s,c. hoot. s~tmg:~d intergovernmental coordinafibn requi~e/~nt~ and identify
nerescnoo~,sare~lo~,a~us~y~ght.(These ro sed.~exdsionsar ~ ~' ~., -
. e~liet ~a~.,.~ ...., ~? ~'~es~,' v. ~.~ .,;~:.~ *~ ~evie~ved b' ' ~p';' ~'' .... the, "~' ...... ~-.., ~g~P;~i~,%>~ssgd'~r, ~_ g m an ....
PROCESS
acceptable, tonv~rded'to tlle. DCA~-The~DCA will rex/iew &6 amendfnents and ;~,,,~ ~_ ,-,,.:~_~ ~ ~; '.
~a Uo~e~,iogC)'r~m Iae' n~ r~io~ Would be m~e~m
ofre~ or newly a~pted~m~. ~ next step will cohere once
compli~c~ by ~ DCA.
PRO~S~ ~~S
Propose~ Tex~n~em
A. Obj~ ~ polid~'~wi~ ~' ~g ~ Use ~m~t ~ve b~ ~de gg~d~g ~e Ci~ ~f B0~o~ B~ch
~X s~ ~o~o~ ~d~s~, ~
1.2I- ~d l:2g, ~d'Po~m~ 1 21.1 ~u~ 1.~4
, ~The.~mffi~ ~c~axion El~aent has been converted to a Transportation Element and has beenmodern/zed to
!. e polm~ ~ .,rap. Nasiz~g modes of transportauon that am alternanve to thc automobile, comzstency w~tl/i the
C!ty. of:B~oyntgn~Beach 20/20 Redev~iopment Master Plan and pohcles regarding emphas~s on~ level'of servi~e
(LOS) standarda_ "
C. The'Utility Element and Sul~Elements have been updated to reflect today's current information reear~ii~a
sewer~mter capam .ty ami expansion levels of se/'vice~ ~
D, The Hohi~g EI~ment has been updated with regard to current housing fundin~ strategies with an emnhasis on
rehabiI/rauon ~ a'pnonty program. -
E. The Recreat/o~ and Open Space Element is proposed to be amended to update outdated objectives and policies co
deler~ ?.ompl~ted obj~tives or policies~rdated to park land acquisition for example, and to remove the adopted
standards for recreation facilities a~d neighborhood p~ (Policies 5.2.1, 9C.2.1, and. 9D.$.4), and alten~tively,
ma~ ~em within me ~ia~i~alySi~ for general, ~lsnning ~ut-POsea 'and specifically~ in Conjunction with the
neigh~.h~ ~t~ro~. The q!ty.wide standard, 2 '5 acres pe~ 1,000 persons, Will be maintairjed as an
adol:ged standm'd: It ~s the e~ty~s experience that recreation facilities and neighborbobd parks ai'e best planned on a
EAR-based Amendments Pa~e 3
micro (local or neigt3_borhood) level, and based on the demantt for facilities Coy adjacent residents) that exists at that
time. It should be noted that the specific rec~eatior~ facilities f~ which standards have been adopted are not tailored
to the city The facilities will be monitored in the data'and analysis,for the intent of providing a general guide or
comparison when necessary.
mimmum
ro the earliea
1.
[ to imp~ve the sking of future
~ the greater, (remaining) amendments pursuant
bund in Objective 1.19, Policies
~-, Objective 8.10, Policies 8. I 0.4 through
~,revisions were reviewed and approved for
merged into one
For a o~uick~,s~ 0f~ o~' th~ proposed, ,.aj'0egdme~ts de,§cribed and in~:herein, the implementatio_n tasks
listed ~ F_.~bk :'~' sh0ufd 1~ ievieWed- ~
Proposed map amendments:
The proposed EAR-based amendments include amendments to the comprehensive plan map series including four (4)
proposed ameudments to the Future Lard Use Map (see Exhibit "C'). The proposed amendments are described as
follows:
The Rosemary Scrub is a 13.591acre scrub site that was acquired using Preservation 2000 funds through a joint
application with the county. The grant contract and management plan requires that the site be reclassified from
Moderate Density Residential to Recreation for preservation proposes. The subject site will continue to be labeled
with the Conservation Overlay designation and. have corresponding narrative within comprehensive plan text.
The Palmetto Green Park site is a 4-acre parcel developed recently as a passive park, and according to Policy
1.i6.1, recreation uses shall be desigrated accordingly. Therefore', the property should be reclassified from Low
Density Residential to Recreation.
The Seacrest Scrub site is a 53.69 acre-scrub sit~. Th~ site was also purchased jointly with the County using state
funds. This property m proposed to be reclassified from the Medim Density Residential and Low Density
Residentialclassificationa to the Recreauon classification, an6will be preserved in perpetoity pursuant to the
management plan and interlocal agreement.
The Isles at Hunter's Run site consists of 30 acres developed with single-family homes. A historic cotax order that
was, to allow commercial, use on this property was amended in 1996 to allow residential use. To accurately reflect
the current use of the pr0perty; it should be reclassified to Low Density Residential. The plan was previously
modified to reflect Low Deusity Residential land use consistent with the 1996 Amended Agreed Order: however.
tiffs change was never processed as a formal large-scale plan amendment.
RECOM/VlENDATION
Staff recommends that the proposed EAR-based amendments described herein be approved. It is the position of staff
that the' Evaluation and. Appraisal Report, as adopted by the city in 1997, essent~y represents the city's preliminary
approval Of the EAR.based amendments which are described herein. Thia positionof staff is based on the fact that
these proposed amendments are dkectly or indirectly indicated/described within the EAR, which was adopted after two
workshops and public hearings intended to obtain comments from staff, the Board and Commission, and the public.
EAR-bas,ct Amendm~t~ts
Page 4
However. if additionat~ne iS,desired to review the proposed amendments, additional time can be taken though two
different review options. Option #1 is for the Board and ¢
State and conduct farther reviews and
JGL:bc - '
Enclosures, ~ . · ~
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORAVI
XI. LEGAL
A. 7
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Offic~
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to CiW Clerk's Office
[] March 21, 2000
[] April4. 2000
March 8, 2000 (5:00 p.m.)
March 22, 2000 (5:00 p.m.)
[] May 16, 2000
[] June 6, 2000
May 3,2000 (5:00 p.m.I
May 17, 2000 (5:00 p.m.)
[] Apritl8,2000
April 5, 2000 (5:00 p.m.)
[] June 20, 2000
June 7, 2000 (5:00 p.m.)
[] May 2, 2000
Apri[ 19, 2000 (5:00 p.m.) [] 2Iuly 5, 2000
June 2!, 2000 (5:00 p.m.)
NATURE OF
AGENDA ITEM
[] Adminislrative [] Development Plans
[] Consent Agenda [] New Business
[] Pablic Hearing [] Legal
['-[ Bids [] Unfmished Business
[] Announcement [] Presentation
RECOMMENDATION: Please place the attached ordinance, pertaining to the request below on the June 20, 2000 City
Commission meeting agenda under Legal: t - Ordinance. 2~a reading. As you may recall, this request was approved at the June
6, 2000 City Commmsmn meeting on 1 reading of the Ordinance. This request to unplement the Evaluatton and Apprmsal
Report (EAR)-based amendments was approved at the Jannary !8, 2000 Ci~ Commission meeting for transmittal to the
State. The state had various comments/objections to the EAR-Based amendments, but none regarding the proposed
amendmants to the Future Land Use Map. The subject proposal would amend a 13.59 acre trac~ from Moderate Density
Residential to Recreational as required by theinterlocal agreement with Pakn Beach County for maintenance of the
Rosemary Scrub site. This ordinance would change the Future Land Use classification to R ,ecr~afional"(the Conservation
Overlay designation would remaink For an overview of the EAR-based amendments see attached. Department of
Development memorandum no. PZ 99-3,05., The proposed EAR-based amendments Can now be adopted and returned to the
State f't~r final compliance determination. Staff Continues to recommend that this request be approved.
EXPLANATION:
PROJECT NA2vlE: COMPREHENSIVE PLAN - EAR-BASED AMENDMENTS -ROSEMARY SCRUB AMENDMENT
AGENT: City of Boyntun Beach
LOCATION: Between 1-95 on the,west and Seacrest Boulevard on the east, south of proparty fronting on South
Atlantic Driv~ and north of property fronting on NW 2gt~ Avenue.
DESCRIPTION: Request to amend the,Future Land Use map from Moderate Density Residential to Recreational.
PROGRAM IMPACT: Represents a required step in the proper maintenance of the city's comprehensive plan.
FISCAL IMI'ACT: N/A
ALTERNATIVES: Approval of this amendment would be consistent with prevto~ Commission ac/tion taken when the
proposedamendm,~Fretnmsmir~ed, i'-- ~ ] ,,~
Depatl~en~f*.of~e3elopme~tt Director City l*lanager ign
Plfinning'and Zoning~r
City Attomey/ Finance / Human Resources
DEPARTMENT OF DEVELOPMENT
:O. PZ
TO:
FROM:
Chairman and Members
Planning & Development Board
MiChael Rump~'Y c"I~-
Planning and Zoning D re:tot
DATE:
December 10. i999
SUBJECT: . Reques~ to transmit ',he Evaluation and:4,ppraisaL~eporZ (~EAR)-bnsed amendments to the
.C.o~prehfnmve Pl.an as req~ure.d, c0 upd~t~ the go~: ~. obj~iv~ gnd policies, and Future Land
.F stTate law. the Evaluauon and Appratsal P-:epo~. and c:ty direction.
BACKGROb,.'N'D
The city's compr~hensbze plan was originally adopted in 19~ ~--~ ...... ~' - ..... --
Comprehensive P, lan.ning Act of the St.ar~ of Florida. This piart:~nd the com-e~nding data and arialysis has'
provided, in parr, ~e basi~ foe c~n~urrehcy management, supp~,~ for the ~o nv~.e~uis tion of h c,h u ' v
· . . , :,. , , ,,~,~ . . . _ ,: ~_ ~ q alit; Scr'~b
habztats wzthm ~he.cgy, ~ gmiile to the :ontmued balance zn ~e ~ts~fzbution of different land uses a =u de to
reviewing incremental amendS/noS ~ r~e ptan. and sp~ifically, F6~f~ L~d Uge Map, and the initiative for
amending ~e city's Land Development ge~ladons
Also consiscen~ ~wil :
which ~?il 1. 19~7.
~pdate the Co,alp [et~ly
arson
The n ) in the revs
which
for this process.
staff time wa~:
goals, objectives and
law: and listed
urbanism, and
accepted by ~e
~'>__, i996 and onMay 13. i996. and ~h~
hearing held thereaSer
~epa~acion
.~ cry and
rporated
comp
revisions to in,'undeflined and
crossed-out text.
Proposed amendments to the Comprehensiv~ plan generally fit into r~ foll0w~ categOjies:
A. $5.arute ?r R~e change~ a~ dici~ed by ~e DCA (i.e. changes 9edetir~,'ti%~ ~onyersi0n ora Traffic
Ctrculanoa Etecmmt, to ~ Tran~or~tion~, Element incorp0ration. 0f stare ~<}' :{ in~__~ae~ ~m. e~c . ).
E~R-based Arnendmen~ P~ge 2
B. Correctio~/~od~fications of objectives and 'policies required by chan~ed facts since PI~ adoption (i.e.
agency or enti~' v~ne changes (~r,e~Lmination such as the Countywide Planning Agency: updating dates or
elkmination or revision of policies al~,ead¥ achleved.~:
Policy direction changes by r~he City since Plan adoption (i.e. Plans such as the Boynton Peach 20/20
Redevelopment Master Plan have been adopted, therefore, there is a need to place pertinent policies into
the City's Comprehemive Plan); and
D. Amendmenm ro address ne~v legislation requirements since EA.R adoption have been passed, such as
those policies that regar~l school siring and intergovernmental coordination requirements and identify
where schools are allowable uses by right. (These proposed revisin~ are being processed according to an
e~[ler state deadline. These policies havebeen reviewed by the;ciq,', initially reviewed by the DCA. are
the subjeetof DCAcommenm and must now be revised per state comments and adopted within 60 days
-(approxiraate[7~ bY mid-January).
PROCESS
The revisions attached hereto will be reviewed by the Planning and Development Board and Commission. and if
acceptable, for,,varded ro the DCA. The DCA will review the amendments and issue an Objections, Recommendations.
and Comments (nRC) report. The necessary, revtsions would be made to the plan and adopted by the city (estimated ro
occur in May or.rune of the Year 200,0). The adopted plan is then returned to the DCA for final compliance review.
The next step in this process is the amendment ro the ci .ry's Land Development Regulations ro continue implementation
of revised or aew~y adopted policies. This next step wilI commence once the propns~ amendments are found in
compliance by the DCA.
~'~',PROPOSED .&MZN'D~rENTS
Proposed Text Amendment Highlights:
A. Objectives and policies within the Furore Land Use Element have been made regarding the City of Boynton Beach
20/20 Redevelopment Master Plan. CRA expansion, development of the Ocean District. residential redevelopment.
~ancing strategies, downtown urban des~nstandards, sign regulations, and. land use accommodations for the
siting of new. schools (see ~tern "F" below). Several of ~ese proposed amendments are represented by Objectives
[.21 and 1 22. and Policies t.21. ! th. rough 1.22.-!..
i~ B. The Traffic Circulation Element has been converted to a Transportation Element and has been modernized to
inciud~ policies emphasizing modes of transportation that are alternative to the automobile, consistency with the
1 City of Boynton Beach 20/20 Redevelopment Masmr Plan and policies regarding emphasis on level of service
rLOS) standards.
C. The Utility Element and Sub-Elements have been updated to reflect today s current mformanon regarding
sewer/water capacity and expansion levels of
'Vne Housing Element. baa. been. ur<iated, with retard, to current housin.-,_ ~nding strategies w th an emr~hasis, on
rehabilitation as a pmonty program.
i E. The Recreation and Open Space Element is proposed to be amended to update outdated objectives and policies, to
~ delete completed objectives or policies related to park land acquisition for example, and to remove the adopted.
standarda for recreation facilities and neighborhood parks (Policies 5.2.1.9C.2.1, and 9D.5.~-), and alternatively.
maintain them within the dam and anatysis forgeneral planning puq~oses, and specifically, in conjunction with the
neighbo~'hood pla.m~g proton. The city-wide standard. 2.5 acres per l 0GO persons will be maintained, as an
adopted~standard. It ts r,Ee mty s expemence that recreation faci/ities and neighborhood parks are best planned on a
micro (Iocal or neighborhood) level, and based on the demand for facilities Coy adjacent residents) that exists at chat
tn'ne. It s ould be noted that the specific recreanon facfl t es for whzch standards have been adopted are not ta ored
to the ci~'. The facililieJ wilI be momtored in the dam and analysis for the intent of providing a general =ma/de or
comparison when necessary.
The: [nte~'goy~rramenta.l Coordinador; Eiement and
minimum ~equiremenm to knprove Coord~
schools. These proposed revisions are bekn_o-
be
plan.
· wiil be
For a quick summ~ o ,f:m~r 0f the~pmp0sed one,ears ~scribed and included herein,,
listed in Exhibit.VA '.sh~t~i~b~:reviewed ~ 2
the: implementation tasks
Proposed map amendm~p~:' : .
The proposed EAR-bas~ ,,~ endments-include a~¢n~emm ~O ~e .c~mprehe~si~e plan
proposed ~amen~nts to!~e<Eu~'a[~ ~d Use NIa~
tbllows:
The Rosemary. Scrub is a 13.59-acre scrab site that was acquired using Preservation 2000 funds through ajotnt
application with the count. The grant contract and management plan requires that the sitebe reclassified from
Moderate Density R~sidenffal to Recreation for preservation purposes. The subject .site wilt continue ro be labeled
with the Conservation Oyeday desigrmdon and have correspondtng nm'radve within comprehensive plan text.
The Pah'nerto Gr,,n Park s~re ~s a 4,acre parcel developed rec,.ndy as a passive park. and accordiny to PoIic?'
l. I6. i. retreat on ~s shall be designated accordingly. Theretbre. the property should be reclassified, from Low
Density Residendai to Recreation. '
The Seacrast Scrub site is a 53.69 acre-scrub sro. Thissite was also purc~edjothdy with :he Counv,.' using state
funds. This property is proposed to be reclassified from ~e Meditwa Density Residential and Low Density
Residential classifications to the R~creanon,.classiflcation, and will be prese~ed tn perpetuity pursuant m the
management plan and inrerlocal agreement.
The Isles at Hunter's RUn site consists of 30 acres developed with single-family homes. A historic court order a'~ac
was to allow cormnercial use on ~ properry was amended in 1996 ~o allow residential use To aCcurately reflect
the current use of the property, it should be recIasalfied to Low Densi~ Residential. The plan was previously
modified ~o reflect Low Density Residential land ,use consistent with the 1996 Aznended Agreed Order: however.
this change was never processed as a formal large-scale plan acnendment.
RECO~,[EN-DATION
Staff recommends that the proposed EAR-based amendments described herein be aooroved. It is the position of staff
~c the Evaluation and Appraisal Repot;, as adopted by the city in 1997. essen6ally represents the city's prelimina_,-y
approval of thc EA2:~,-based a.mer,.ck'nenrs which are described herein. This p sttton of stuff s based on the tact that
these proposed amendments are directly or indireqilv indicated/desCribed within the E,-LR which was ,adopted afl-er v,vo
~rkshops and public hearings intended to 6brain c~rnments fi-om staff, the Board and Commission. and ~he public.
~AR.-based
E[owe~er. ~ addkionz[ ~e ~ desired to ~e¥iew ~e propos~ ~e~en~. ~ddkiom[ ~e c~n be ~en ~ough
~i~eren~ review opdom. ~ ~ ~ for ~e Bo~d ~d Co~s~n ~o ~gprove ~e ~e~en~ for ~m~l ~o
S~e ~qd co~duc~ ~er r~vi~ws ~d disc~o~ o~ ~ propos~ ~e~e~ co~cu~t ~i~ ~e s~a~c r~vic~.
mec~ssa~ mo~catio~ to ~e pro~os~ m~n~m can ~ [am~ adopte~ ~d merely ~den~i~ed ~o ~e sm~
~r~mi~l (folldw~g sm~e r~vmw) ~ "~en~menm nor previously reviewS". ~ option allows ~e propos~ E~-
bae~ ~en~ea~. and ae prNateiy-~tia~ed ~ea~ent also bekqg proc~sed wi~ aN cycle of large-scale
~ea~ena (e.g. Villa Del Sol), to proce~ on schedule. ~te~tiveiy, oodon ~ wouM be for ~e Boar~
Co~Jaion to poswone ~mi~ of ae proposed ~en~enm until aier a su~cient review ha ~en completed.
Al~ough ~N opdoa may e~ura ~ ~e proposed ~en~ena ar= mo~ complete ac ae tkme of tr~, k would
divex ae ~ea~eam ~m ae cux=n~ pr~{~g schedule. Ai~ough a s~ll delay wouM ao~ l~ety c~se a probiem
in ~e pr~=ss~gof ae E~.o~ ~en~eaa. a prolo~ed delay should be avoided ~ ~e large scale
cycles should not overlap. ~d ~y pos~qnemem may be oppose~ by ~e applicon of ~e pdv~e application
would delay f~t, approvai andprq~c: ca~encemenr. [t should also be no~ ~he E,~=b~ed ~en~enm are already
p~t due, ~clud~g a previo~ly-gmted ~xze~ioa. Mower=r, given ae co~t.progr=ss made ~N p~qjec: over
p~t y~r, ad ~'ra~on for ae ~ze~{detay, which w~ ~ co~ection wi~ ~e ~ic~pated 9p~p[e~id~Of
Vision 20/20 R~e~elopment Pl~, DCA hM ao~ obj~ted ~o our schedule, ~erefore. stuff reco~ea~ ~r ~ ci~'
~r~ ~e proposed ~en~enm m ~e ~CA. ~d conduc: addkio~l reviews of a~ documenm, if needed, concurrent
with ae smt~'s review period (approx~mty 3 mon~).
J'GL:bc
Enclosures
MAP AMENDMENTS,
GOLF
NO.4
· ISLES AT HUNTER'S RUN
RDINANCE NO. 0 00~,~
AN ORDINANCE OF'llqE ClTY COMMISSION OFTHE
CITY OF BOYNTON BEACH, FLORIDA, REGARDING,
THE 13.59 ACRE PARCEL, KNOWN AS ROSEMARY
SCRUB; AMENDING ORDINANCE 89-38 OF SAID
C_XTY BY AMENDING THE FLmJRE LAND USE
ELEMENT OF THE COMPREHENSIVE PLAN OF THE
CITY BY ADOPTING THE PROPER ~13 USE OF
CERTAIN PROPERTY, MORE PARTICULARLY
FROM
DENSI'~:~
WHEREAS, the CityCommission of the City of Boynton Beach, Florida has
adopted a Comprehensive Future Land Use Plan and as part of said Plan a
Future Land Use Bement by Ordinence No. 89-38 in accordance with the Local
Government Comprehensive Planning Act; and-
WHEREAS, the procedure for amendment of a Future Land Use Element
of a Comprehensive Plan as set forth in Chapter 163, Rorida Statutes. has been
followed; anct
WHEREA~, the subject proposal would amend a 13.59 acre tract (vacant
land) from Moderate Density Residential to Recreation as; required by the
inteflocat agreement wit~ Palm Beach County for maintenance of the Rosemary
Scrub site; anc~
WHEREA~ alter public headng and study, the City Commission deems
it in'the best'''~nterest of the inhabitants of said City to amend the aforesaid
Element of the Comprehensive Planas adopted by the City herein.
NOW, THEREFORE, BE 1'1' OR, DA/NED BY THE C/'TY COMMZSSZON OF
THE CTEY OF BOYNTON BEACH~ FLOR[DA, THAT=
SeclJon 1: Ordinance No. 89-38 of the City is hereby amended to reflect the
"ollowing:
T~tat the Future Land Use of the following described land shall be
designated as Recreational. Said land is more paCdcularly aescribed as follows:
See ~
Land Use
such,decision
a~e 3I days after adoption,
2000.
day of
Mayor
Vk:e Mayor
Mayor Pro Tern
Commissioner
A'T'TF__,~T:
Qb/Clerk
Commissioner
A parcel of land lying i~ Sections 9 and 16, Township 45 South,
Range 43 East, Palm Beach County, Florida, being more particularly
dsscribs~ a~. follows=
From the Southeast corner of the Southwest Quarte~ (SW1/4) of said
Section 9=un~ 9 minutes 00 seconds'West along the
of continue
00
on
01
A parce~ o~ 45 South, Range
East, Palm Beach cularlydescribed
as follows~
a distance o~ 40.0L feet t~- & pein= o£ in ~ to the East line oE
parallel with an~40., ~ thence North 01
th~Southweet( said parallel line a
degree~ 3~ minutes 45 with e line
dista~e o~ 40.01 feet to ~ ~ ~ to t~e Sou~h line of
parallel with an~ ~ I/4) 9 and the Point o~
- west uarte=
th~ South. _ 9 . .= thenc~ continuQ North01
Beg~nn~nq o£ ~ ne nere~
degrees . ~ ,.a in uss, a distance o=
of~Seacres= Bou~evara£ a~.n ~ -~ ....... ~ ~=5.00 feet~ thence
250.OO.feet, ~_ - Ce Of 250.00
: est a. distan
DEPAR'YMENT OF DE~VELOPMENT
M~MORANDUM NO. PZ 99-305
TO:
FROM:
Chairman and Members
Planning & Development Board
Michael Rumpf
Planning and Zoning Director
DATE:
December 10, 1999
SUBJECT: Request- to transmit ~the Evatuat/on and Appraisal Report (EAR)-based amendments to the
. Cqm~reh.;,~,~. ¢ plan as required to update the'goals, objectives and policies, and Future Land
· Use map in accordance witkstate law, the Evaluation and Appralsal Report. andcit~ direction.
BACKGROUNI~.
The city's comprehensive plan was originally adopted in i989, and was a product of the 1985 Local Govemrnent
Comprehensive Plaknning Act of the State of Florid~. This plan and the corrnsponding data an~ analysis has
provided, ~ pa~. the basis ~r concurrency management, support for the joint acquisition of high quality scrub
habitats within the city, a,gulde to the continued balance in the distribution of different land u~es. a guide to
reviewing incremental: amendments to the plan. and specifically, Future Land Use Map~ and the initiative for
amending the city'~ Land Development Regulations.
Also conslstentwith state law, in 1997 the status of comprehensive plan data and implementation~as formerly
reviewed as pan of the Evaluation & Appraisal Repor~ (EAR) process. The EA~ was adopted on April I, 1997,
which focused, onthe stares of the city and the plan, and included recommendations necessary to completely
update the Comprehensive Plan. Recommendations focused on updating and deleting completed or outdated
goals, objectives and policies; inserting new recommendations to promote currem oity direction and maintain
compt!a~.q~.with n~e~ sm~¢ ~re:qukements; reo£gazfizafion:of port!OhS of the plan p~ining to neighborhood
improvements; ar/d removing selecte~ recreation standards fzora adopted standaxds ~in order to facilitate recreation
planning~ conju~on wi~h the new' function of neighborheodphnning~ The EAR was ~eviewed a~d finalized
though ~ public p~ffieipatina Process,including two joint Ptanni~g &D~topmem Board/City' Commisiinn
workshops held on Aprit 22, 1996 and on May 13. 1996, and the nldmaie tranSmiual hearing held thereafter.
The next step ~ plan ia the EAR-based amendment process,
which i~ ~ EAR. Inpreparaion
for this . the ~1989 comprehensive plato S~ghificant
staff time was ~pant compiling this list, wh!c~,,desc~es nearly 600 tasks thaf addressed upda~ng indiv, idual~
goals, objectiyes and polic£es: (see Exhibit A ); identified changes necessary to re~ofit the plan to current sm~e
law; and,listed, changead,esired to further current ci~ direction relative to redevelopment activities, ne~w ~
urban!sm~ and neighborho~d planning. This list waSispecifically taken from the EAR as approved by the city and
accepted by' the Department of Community Affairs (DCA). This implementation task list was incorporated
directly,into the oontrant,fer ~ervices with LaRue Planning & Management Services~ Inc, wgo was hired to
complete this step.in the ~omprehensive plan rnamgemem~prncess. Exhibit B" consists of the proposed
revisions tc~ all goals, objectives and policies, and'the~ specific proposed amendments are shown in underlined and
crossed-ont text.
Proposed;am~n. dmenm to th~ Cgmptehensive P!an:gener,~y.!fit into the following categories:
A~ ~ Sm~uteor.Rule changes as d!ctated by the!DC~:(i.e, changes ofdefinitions, conVersion.of a,~raffic
; Ckculation Element to a Tramportati°n EIemem; incorporation of state housing need ,4~rn,:etc~);
EAP.-based Amendments
Page 2
B. Correctiems/mndification~ of objectives and policies required by changed facts sMce Plan adoption (i.e. A
agency or entity name changes or elimination such as the Countywide Pianning Agency updating dates or - -
elimination or revision of policies already achieved.):
C. Policy direction changes by the City since PIan adoption (i.e. :PI. am.such as ~he Boynto¢ Beach 20/20~
Redevelopment Master PIan have been adopted, therefore, there is a need, J0 piaee'P~i~nt policies i~to
the City's Comprehensive Plan); and
D. Amendments to address new legislation requirements since EAR adoption have been passed, such as'
those p01icies'that regaml school siting and intergovernmental coordination requirements and identify
- ~, ~j .e.c.. ~,.o.~- ~&,¢~,e2kts ~ar:d}must no~ ~ ~¢xqsed:per stat. '¢ommefits ~d}aelopted;wit Mn 60 days
~apploximat~ty By mid~Jenuary).
The next*tel~
of revised or newly
compliance lay th~DCAr
ithroug~ 1.22.4.
(LOS)
C. The Utility Eleanent~ SUlYElements have ~een updated to reflect tnday's current kfformafiOn, regard~g,~,
.sewer~,,vatercapact~e~'x~amion,.levelsofse~v~c~.: ~ <-, ~
D. The Housin, g' V~emem'~a~ ~' >I' >~"~ ul:~hated: wi~ regard to current housirig funding strat~giee: ~ith an emphasi~ ,°n
rehabilimti0n as apdofi~[~gra~;,
E: The Recreation andi Open $~ ,a;e ~lement is proposed to be amended to utxtat~ outdatect o~je~tives and poli;ies,4 t°
delem comPtet~ objecfiy~ ~r policies rela~d to park land acquisition for example, and tq r~move the ~opted
standards f'&- recrea'-ti6g,~ti~ ~;neigh~bOrhoodpad~,' (Poli6ies 5.2.1, 9C.2;1, ~d/~iq) and ~alt~vely,
mainmin.them~the ~ and analysm foe general plennmg purposes,, anti sp~, ',nfl;, a!ly~ ~ conju~cngr3 ~th the
ne~ghb°rho~, ptanning;l~. ~e ¢ity-)ide stand,ar& '2.5 acres ~r 1,000 perm, ns, ~w~' ,,I~ maihtam~d as an
ado~:tstaada~d- It is :[he ~i~;s ~xperience that/ecreation facilities and neighb~rtio&l:pa~ are'best phnned on a
EAR-based Amendments
Page 3
micro (local or nelgh__horhood) level, and based on the demantl for facilities (by adjacent residents)that exists at that
time. It should be noted that the specific recreation facilities for which standards have been adopted am not tailored
to the city. The facilities will be monitored in the data and analysis for the intent of providing a general guide or
comparison when necessary.
ave bean updated to meet new
with the local school board and to improve the siting of future
separate from the greater (remaining) amendments pursuant
amendment~ can be found, in Objective 1.19. Policies
8.7.2 though 8.7.4. Objective& 10~ Policies 8.10.4rkrough
reviewed and approved for
will be
[be
will be
For a quic~k ~s~ of ~gstco~ th~ p~oposed ~endments described an~included~hemin, the implementation tasks
listed, in E:/,.hitSit A should be reviewed. '
Proposed map amendments: '
The propoSeSi FAR-based ~;am. endments include amendments to the comprehemive plan map series including four (4)
proposed amendments to' the Future. Land Use Map Oe~ Exhibit "C"). The proposed amendment~ are described as
folIows:
The Rosemary Scrub is a 13.59-acre scrub site that was acquired using Preservation 2000 funds through a joint
application with the county. The gram contract and managemem,plan requires that the site be recla~ified from
Moderate Density Residential to Recreation for preservation purposes. The subject site will continue to be labeled
with the Conservation Overlay designation and have correspondin4[ narrative_within comprehensive plan text.
The Palmetto Green Park site is a, 4-acre parcel developed, recently as a passive park, and according to Policy
t.16.1, recreation use~shall be designated accordingly. Therefore, the property shouldbe reclassified from Low
Density Residential to Recreation.
The Seacrest Scrub site is a 53.69 acre-scrub site2* This site was also purchased jointly with the County using stare
funds. This property is proposed to be recla~ified from the Mediura Density Residential and Low Density
Residential claasificatlor~q to the Recreation clarification, and will be preserved in perpetuity pursuant to the
management plan and interlocal agrecmer~.
The Isles at Hunter's Run site comists of 30 acres developed with single-family homes. A historic court order that
was to allow commercial use on ~ property was amended in 1996 to allow residential use. To accurately reflect
the cui'~ent use of the property, it should be reclassified to Low Density Residential. The plan was previously
modified to reflect Low Density Residential land use consistent with the 1996 Amended Agreed Order: however,
this change was never processed as a formal large-scale plan amendment.
RE C O~,fi'VIF_,N'DATIO N
Stuff reco~,rnmends t/mt the proposed EAR-based amendments described herein be approved. It is the position of staff
that the Eitaluation and Appraisal Report. as adopted by the city in 1997, essentially represents the city's preliminary
approval of the EAR-based amendments which are described herein, This position of staff is based on the fact that
these pro,poSed amendmenta are directly or indirectly indicatech'described within the EAR. which was adopted after two
workshops and public hearings intended to obtain commefits from ~taff, the Board and Commiasiom and the public.
EAR-based Amendments Page 4
However. if additiona~me'is desired to review the proposed amendments, additional time can be taken though m'o
differem review option~;- Ood6n#1 is for the Board and Commission to approve the amendments fo~' transmittal to the
State and conduct further reviews and discussions on the proposed amendments concurrent with the state review. Any
necessary modifications to the s can be later adopted and merely idefitiffed to th~ S~t~ L~ rile Final
the
wittt t
fGL:bc '
Enclosure~
LOCAl ION MAH EXHIBIT
PROPERTY MAP AMENDMENTS
~OYNTON ROAG
NO.4
' ISLES AT HUNTER'S RUN
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XI. LEGAL
A. g
Requested City Commission Date Final Form Must be Turned
Meeting Dates into City Clerk's Office
Requested City Commission Dat~ Final Form Must bo Turned
Meeting Dates in to CiW Clerk's Office
[] Mamh 21, 2000
March 8 2000 (5 O0 pm.) [] May 16, 2000
May 3, 2000 (5:00
[] April 4, 2000
March 22. 2000 (5:00 p.m.) [] Sune 6, 2000
May I7, 2000 (5 00 p m)
[] April 18, 2000
April ~. 2000 (5:00 p.m )
June 20, 2000
June 7, 2000 (5 00 p m )
[] May 2, 2Q00
Apri[19~2000 (5001zm.) ,. [] JulyS. 2000
June 21, 2000 (5:00 p.m.)
NATURE OF
AGENDA ITEM
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
RECOMMENDATION: Please place the attached ordinance, pertaining to the request below on the June 20, 2000 City
Commission meeting agenda unde~ Legal- Ordinance 2na reading. As you recall, ~ requegCwas approved at the June 6,
2000 City Commission meeting on 1~ reading of the Ordinance. This request to imiflement the Evaluation and Appraisal
Report (EAR)-based amendments, was approved at the January 18, 2000 City Commission meeting for Wansmittal to the
State. The objections of the State, which focused on deficiencies found in the Transportation Element, have been addressed
by the city's consultant James LaRue & Associates, Inc. with clarification and corresponding changes m fire amendments
For an overview of the EAR-based amendments see attached Department of Developme~nt memorandum no. PZ 99-310, and
for further information relative to state review and the corresponding responses see ~he ~ccompanying copy of the State of
Florida Department of Counnunity Afl.aim Objections, Recommendations and comments (OI(C) Report and responses to the
ORC. The proposed EAR-based emandmanta can now be adopted and returned to the Stat~ for fiual compliance
determination. Staff continues to recommend that this request be approved.
EXPI.ukNATION:
PROJECT NAME: COMPREHENSIVE PLAN - EAR-BASED AMENDMENTS ~Excluding School Siting and
Intergovemmantal Coordination)
AGENT: City of Boynton Beach
DESCRIFrlON: Request to adop~ the Evaluation and Appraisal Report (EAR) based amendments to the
Comprehensive~Plan as required to update the goals, objectives and policies, and Future Land Use map
in accordance with state law, the Evaluation and Appraisal Report (EAR), and city direction.
PROGRAM IMPACT: Represenm a required step in the proper maintenance of the city's comprehensive plan
FISCAL IMPACT: NTA
ALTERNATIVES: Process further emendments to the Comprehensive Plan~~ana~g~s~ ~mmission and
determined related to th.~./~j~R-based amendments.
Department of IJe v'%~l~n{~lt 'D"ffect o r
Planning and~cter City Attorney / FinanCe / Human Resources
[:'~S HRDAT A~PL A>RqlNGLS Fa~,aF.B~WP~ P EC pKO J~C O MP PL~-BA~I~D AMI~NeD ~¥ - LAR~GI[~IDA P~ Q UI~T FOR CC 6-20410 ORI~ 2ND RDO .DOC
Response to Objection:
.... City
Amendment 00-1 ER
Consistency with Chapter
The City of Boynton Beach,
Comprehensive
, F,A.C. ' .
has
Transportatmn gl~ment
Objecti6n T. Th~sTransportation Element does not include future transportation
m~p~ id.g~fying the major public transit trio generators and' attractors
5~ ~p~m~he future land use ma~; ,and the 0~o ected eak hour v
~ : ...... ¢ ~- J p le els of
ser~?~iCe:fo~ansportafion facilities for which level,of service standard~ are
Respanse: ,;,~ T~he-~O .generated 2020 throughfare system and ¢020 nedestrian
f,,i..~ ~c!uded as support dc/cument~ The Public Transit S~stem
· M~p~i!~pl~i{~ mdmates~ [he locatmn o£majorpublie~transit trip generators
' a' :n4~tt/rget.O~.ax'ari0us terminals, The mapwi/~t:be expanded, howeee}, to
expli¢£tly i~dicate the: trip. generators "and attractors, based on the Future
Lahd Use Map. The projected peak hour revel of service ls comained in
the` E~ya[ua[~ga and Appraisa[ Keporr as Map 2,g.
Objection 2. The Transportation Element support,d,ocumentation indicat]d that
transit;ma~¢~t~ share .for Tri-County Rail: ~d Paim-Tran, as ~ell as
ged~an ;~ bicycte facilities, would have, t~ ~ncrease in the City
throa~'tran~ortatibn demand management (/DM) Strategies in order to
m0d~ ,pea~,,Jhout travel demand. However, the City did not include a
p61i~ t~ tt~i;i~iem&fii establiShitig TD~ programs.
Response: An explicit TDM oriented policy to establish a transportation
managemea~ 0rgan~zation. as an implementing vehicle for the TDM wilt be
added above and beyond ;vhat is implicitly indiCated'in Objective 2.7 and
2.8, pendina the City s concurrence w~th the costs and Staff tmptmanon of
a TISM ~ublic/Pr£v~te partnership and responsib~lities~
City of Boynton Beach. Florida
Response to Objections, Recommendat ohs & Comments Report
Amendment 00-1ER
Date: .rune 6.2000
Page l of 5
Objection 3. Proposed Objective 2.4 of the Transportation Element states The
Ctty shall develop an~ ma~nt~tf;~,~a~safe, convement, and energy efficient
"ff~ulti-modal transportation system which will meet future as well as
current trams needs. The City has provided an inventory of existing
intermodal facilities, but not an analysis of the deficiencies or projected
needs~ These data and analysis will &ssist the City in addressing the need
for additional terminals, connections, high occupancy vehicle lanes; and
pedestrfan, bicyc!~, park-and-ride and other facilities based on land use
projections to facilitate effective implementation oftl-ds objective.
Response: The analysis present'ed within the EAR :is adequate and il will be
incorporated in the text and maps of the ~upport documents by reference.
Additionally,. transportation concu,rrency managemem map(s) wilt be
expanded ~:o address the Department s 6onCems.
Comment. The transportation map series do not include the appropriate titles.
legend, map scale and the preparation or revision date. The inclusion of
this information will improve the usefulness of these maps in the City's
ptanning efforts and enhance citizen's understanding of these maps,
because the maps can be properly referenced.
Response: The map series were intended to update and/or augment the maps
already in the EAR and not necessarily to substitute them. The maps
presented however, did and do contain appropriate titles and legends. They
will be expanded and improved upon, however, to adequately address the
Department's concerns.
Planning Timeframe
Comment. The City projected its population and public facility capacities and
needs to 2015 in the EAR. The proposed Comprehensive Plan EAR-based
Amendment and support data and analysis have been based on the 2015
timeframe. However, the City did not include in the plan or on the FLUM
any planning timeframe, either short-term, medium-term, or long-term, roe
support the proposed goals, objectives and policies in the Comprehensive
Plan. We recommend the City should include at least two planning periods
in the Comprehensive Plan, one for at least the first five-year period and
one for at least an overall ten-year period.
Response: The Transportation Element addresses appropriate planning
timeframes (Policy 2.2.1) for transporrauon improvements.
city of Boynton Beach, Florida
Response to Objections. Recommendations. & Comments Report
Amendment 00-1ER
Date: .rune 6. 2000
Page 2 of 5
B. Non EAR-based Amendment
Future Land Use Map (FLUM) Amendment (LUAR #99-005: Villa Del Sol)
Obj~e~tigO~ :Tko ~en~eCt~does no~ rcstri¢/:~ de,ze[o?mefit acti:vities where such
: activitie~,d~ not Protect i{umami fe by'd~mcti~ l~01~latio~/~concentrations
a-v~,ay from ~own Or pred[¢.t/ed ¢~astal high:haZard areas:~Additionaily, the
5f~the Cit, v's ComprehenSive PI~n which
r~q~reS ~
The' City
the Coastal
and
evacuation
planning: , ,
Response: City staffmade two errors in its review comments on the application
for amendment. The first was to reference the location 6f~e amendment
as being a part of Map location #16 in Table 24 of the Coastal
Management E[emem. The referenced map location is On the east of U. S.
Highway 1, while the subjec~ parcel, is .on the,west of that~tl~oroughfare, tn
an early-draft of support documents for t~· Co, asml~ Manag .~,ment Element,
the subject property was identified as Map locatmn # 17 ant[ ic0rresponding
policy .direction in :Table 24 provided setback,rec~iremenrs for
development of the: site ~ under a. Speeiat, Higk, Den, s~' Residential
desagnat~on. The map and pohcy references were.removed~from the final
version of the support documents when it was decided ~tqtrecognize the
development order in Place ,for the property in t989~an~' maintain the
commemial land use designation on the sim.
Staff's second error was m ,recommend that the proposect amendment
would be forwarded ro the County EMD for review. This is required
~vhen a sire is located within the Hurricane High Hazard Zone and impacts
of the increased density reach thresholds established in the Land Use
Element of the Comprehensive Plan. While the parcel is within the City's
adopted Coastal Planning Area, it is west of-the line delineating the
Hurricane High Hazard Zone, It is staff's understanding that under Rule
9J-5.003(18), F.A.C.. the coastal planning area does nor need to be
City of Boynton Beach, Florida
Response to Objections, Recommendations. & Comments Report
Amendment 00-1 ER.
Date: June 6. 2000
Page 3 of 5
coterminous with the Coastal High Hazard Ar~a so long as all of the
Coastal High Hazard Area is included within the planning area.
Emergency Support Function 18 - PUBLIC SAFETY of the Palm Beach
County Comprehensive Emergency Managemem Plan details the
geographic areas contained within each Traffic Evacuation Zone for
hurricane evacuation. The boundaries for each zone are repeated from the
Treasure Coast Regional Hurricane Evacuation Study. Zones I 1.' i2 and
13 encompass areas of the City of Boynton Beach; however, the zone in
closest proximity to the subject parcel is Zone 13. Its boundaries are
described as,."South of Ocean Avenue, east of U. S. I, north of Gulf
Stream Golf Course, west of Atlantic Ocean." Evacuation Zone 13 is
classified as the Storm Surge Vulnerable Zone for all hurricanes. (See
Attacb_ment A)
The subject parcel is located west of U.S. Highway 1, and therefore is not
within the Hurricane High Hazard area, defined in Rule 9J-5.003(17),
F.A.C. as "the evacuation zone for a Category 1 hurricane as established
in the regional hurricane evacuation study applicable ro the local
government."
Even though the property is not located within the Hurricane High Hazard
area, staff requested that the Palm Beach County Emergency Management
Division review the amendment and provide comments..Their response
indicates that the site is not designated as an evacuation area in the event
ora Category. 1 storm. (See Attachment B, paragraph 4)
Il.
Consistency with the State Comprehensive Plan
The proposed Amendment does not adequately address and further the following
goals and policies of the State Comprehensive Plan, Chapter 187, F.S.:
Goal (7) Public Safety. Policy 25, regarding local governmems adopting
plans=and policies to protect public and private property and human lives
from the effects of natural disasters.
Response: Evacuation routes, as shown, addresses the concerns contained with
this Goal as it relates to transportation.
Goal (20) Transportation. Policies 10 & 15, regarding promotion of ride
sharing by public and private sector employees; and promotion of
effective coordination among various modes of transportation in urban
areas to assist urban development and redevelopment efforts.
Response: An explicit TDM oriented policy to establish a rransporra£ion
management organization as an implementing vehicle for the TDM will be
added above and beyond what is implicitly indicated in Objecttve 2.7 and
city of Boynton Beach, Florida
Response ro Objections. Recommendations, & Comments Report
Amendment 00- I ER
Date: June 6. 2000
Page 4 oE5
2.8, pending the City's concurrence with the costs and Staff implication of
a TDM pu[~lic/Private pa~tnersh{p and responsibilities.
city of Boynton Beach, Florida
Response to Objections, Recommendations, & Comments Report
Amendment 00-1 ER
Dare: June 6. 2000
Page 5 of 5
ATTACHMENT A
L
KYPOLU×O RO
V
i BOYNT$# BEACH C$I$T,~L #ANAGE/~E#T ELEMENT
FIGURE !9 - HUa~iCANE EV~U~,~O~ ZONE
Eraerg~cy Management
May 9. 2000
Dick Hudson, Senior Planner
Divisgq ?~ P aa~ing.& Z~n!ng-
citY'Sf'~oy~t°n Beac~ '~;,
B°~(O¢Sach, FL 3~42~4310
ATTACHMENT B
~ ,,~ ~ F. ,
I
Palm t~eactt County
Board of County
Commissioners
Maude Ford Lee. Chair
County Administrator
R. oberc Weisman
This
rise to y~ou 12, 2000
zones,
blished or
nated evacuation
3e judgment of appropriate Zoning and
'establish and enforce such policies.
tion or
¢3reas.
Palm Beach .CountF's 'Ui~ified Local
ugh its Coastal
policy of not
state,.
times,
predicted
concentrations be
h hazard areas, and it
at negatively impact
We are no,t ~ware of any designation of the proposed site as a high
hazard ~o~¢al area, no~: do we have any specific information on what
im acts the~;~roposed popu at on densit es wou~ d have on evacuat on
clearance times.
appeam
We would ,c~eady not favor any residential development in surge areas
;nta threat to public safety or lead to repetitive property
As best we can determine from the maps provided, it
)f the subject site is in, or borders on, a
The eastern mos~i portion of the site
in a Category 3 surge zone.
Dick Hudson - Page 2 of 2
Shouid approval of the land use designation change be g~anted, we woutd hope that
d. eveiop~r~; Prope~ managers, an~ilo,~ ~eSid~nt~ w0uJd t~kb ~pr0pdate Steps to mitigate the
risks o~ hu~cane force winds and surge associated With near:coas:~a~ locations.
! hope thes~ comments areof some assistance in your decision process.
Respectfully,
Palm Beech County Emergency Management
ORDINANCE NO. O 00.- 2,9
AN ORDINANCE OF THE C~'Y COMr4ISSION OF THE
C~FY OF BOYNTON BEACH,, FLOI~DA ADOP'E[NG THE
2000 C~TY OF BOYNTON BEACH EVALUATLON AND
APPRAISAL REPORT~ (~'EAR") BASED 'COMPREHENSIVE
PLAN AMENDMENTS TO THE. CJ-FY'S COMPREHENSIYE
PLAN, AS AMENDED TO INCLUDE TRANSPORTA'PLON
ELEIVlENT SUPPORT DOCUMENTS~ GOAl. S, OB]ECTE/ES
AND POL/CIE$; PROV/DING FOR THE
AND INCORFORAT ON ,,OF THE-
DEPART Em' OF CO UN TY
THE CtrTy DATED
TO
THIS
;TO
AN D~' AN
WHEREA~- SectiOn I63.3:L67(2), Florida Statutes requires that each local
government !prePar~ ~ Comprehensive Plan in compJiance with the Local
Government Comprehensive Planning and Land Development Act, as amended; and
WHEREA~,~, Section 163.3].84(:L5), Florida sta~ requires that the
Comprehensive Plan be adopted by the governing bodY0f;the local government by
Ordinance; and
WHEREAS, Section I63.3:[77 and the applicable provisions of Chapter 9.1-5,
Florida Admini~L~Jve Code requires that the Local Government Comprehensive Plan
shall consist of goals, Objectives and policies, procedures for monitoring and
evaluation of the local plan, requirements for capitol improvements, implementation
and required maps; and
-WHEREAS, the City of Boynton Beach adopted Ordinance 097-09 which
approved'and accepted the City of Boynton Beach Comprehensive Plan, Evaluation
and .... - -
as
the EAR based
Report
its
010,
~h
revise and
Plan Amendments,
CITY COMMISSION OF
ratified and confirmed
a~ this Ordinance
upon adoption hereof.
Section:2~: ,~e, City Commission of the ~,of Boynton Beach, Florida hereby
approves-~,.~adopts' the 2000:, ,EAR ,,Base(t: ~ompmhensive Plan Amendments
Gq~l~j ~e~ V.es and Po ic es
b-elements
Transportation Elemen~ ,Sgppo~ ~..;Documents
- --- Introduction
Data and Analysis
Section 3. The City Commission here-by certifies that it shall and will conduct such
public hearings as may be required pursuant to Chapter 163, Florida Statutes, as
amended in order to ,adopt the EAR Based Comprehensive Plan Amendments and so
directs the City Administration to conduct and publish same, as provided by general
Section.4. The City Commission hereby authorizes the proper City officials to
submit the appropriat~ number of copies of the 2000 EAR Based Comprehensive
Plan Amendments tothe State of Florida, Department of Community Affairs and to
any other governmen~!.agency having jurisdiction with regard to the approval of
same in accordance with and pursuant to Chapter 163, Florida Statutes and to keep
copies of the Plan Amendments available for-public review and examination at
Boynton Beach City Halt.
Section 5. That all Ordinances, or parts of Ordinances, Resolutions or parts of
Resolutions, in conflict.herewith be and the same are 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 unconstituUonal 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. That iris 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 Code of Ordinances of the City of Boynton Beach, Florida. The Sections
of this Ordinance may be"renumbered", "relettered", and the word "Ordinance" may
be changed to "Section'; "ArUcle", or such other appropriate word or phrase in order
to accomplish such intentions.
Section 8. That this Ordinance shall take effect immediately upon adoption;
FIRST READING this _6th day of.lune, 2000.
SECOND, FINAL READING AND PASSAGE.th s ... day of June, 2000.
CT'FY Op BOYNTON BEACH, FLOR.iDA
Vice Mayor
City Clerk
s:ca\ord\EAR AdopUon 2000 05230~
City of Boynton Beach
Future Land Use Element
Goals, Objectives, and Policies
Goal 1
Provide a range of landuses which accommodate a full range of services, and
activities, and housing tyf~es, while minimizing land use conflicts, maintaining
the character of the community, ensuring adequate public facilities, and
rmnimizing adverse impacts on natural resources:
Obiective 1.1
!Land
development in a manner which minimizes erosion,
flooding, ~
Policy 1.I.1
City~ shall' c0nfinu, to adopt and enforce regulations to provide that
dev~ioP/nent,~i~s :k~Fbe graded so that }id slope exceeds a ratio of 1:4.
Policy 1.1.2
*~h,=t 'Eke City shall adopt knd~,enforce regulations that prohibit the destruction
of oceahfront dune~.
Policy 1.1.3
The City shalt continiie to,enforce regulations which requires that ~all
buildings shall be' constrUcted~ with' the mmumum' ' first floor elevation above
the 100-year flood ele at,om Constructwn of buildings, structures, and
infrasu-acture~ shalt comply: with the C~ty's Flood Damage Prevention
Ordinance which: shall ¢~mpiy with the requirements of the National Flood
InSurance Program~ and;,~the Coastal Construction Building Code which shall
comply with ~hapter 16:I,iFlorida Statutes, as well as applicable regulations of
the :?~t~th Flori~a,:Water Mknagement District and Lake Worth Drainage
District.
Policy 1.1.4
prcv:~: +,k~r.t thc Thc City shall continue to adopt and enforce regulations that
prohibit the removal of to~ek~ or soil from propert5 ....... v ........ d, except
to thg~eXtent necessary to prepare a site for development.
Policy 1.1.5
~. .......... ~._Thc C~ty~ shall continue to adopt and. enforce regulations to
provide that the grading, of development sites shall take into consideration the
existing,and future grade df adjacent properties and rights-of-way.
Objective 1.2 The Ciof shall coordina~e-future land use, with soil conditions so that
urban'land uses are prohibited in locations where it is not economical to
remo~e or treat unsuitable soils that would adversely affect the
performance, of infrastructure, buddings and other structures, and
City of Boynton Beach 1-1 Date: June 6. 2000
EAR-based Comprehensive Plan Future Land Use Element
Amendments
drainage. Furthermore, require land development and construction to be
_ .accomplished in such a man'er~ so as to prevent unsuitable soils from
adversely affecting the performance of infrastructure, building and other
structures, and drainage.
Policz 1.2. 1 ·
f unsuitable soils would
shall be removed in all
[vhere these soils would affect the
Policy 1.2.2
Code
Policy 1,2.3
Policy i ,2.4
Policy-1:.2.5
~-~ ~,-, ~-,~- }~h~ C~t'~, ~h~.~¢orttmaeJ;o~adop*r.ati~ enforce ~atmns to
prbvld4 that ~e be~'~am~ Of'~smls~e~-a 'a mmmum, the
requi~ments of~e S;U~m;S~d Bdld~g ~Od~ a mended by ~e
Mmlmum~a~ B~ach Cp~ .... ~e~en~si,:r : Z
[0
submitted with
Objective 1.3
of
and ~ ! of road
the levels of
Policy 1.3.1
req
City of Boynton Beach
EAR-based Comprehensive Plan
Amendments
regulations that
t County
the
Date: June 6, 2000
,,Future Land Use Element
Policy 1.3.2
Policy 1.3.4-3_.
Policy 1.3.64_
Policy 1.3.¢5
Policy 1.2 .g~_
,nclud~ng m lane~¢a~3~ ~ii~r~,~Si~¢halt ~oibe provided, or payment of
.fees ~or same made, so as to prowde for safe and efficient traffic flow on or
adjacent to the site.
Reserved.
~. ....... :at d The C~ty shall continue to adopt and enforce regulations tbat
require Development Orders ~ha]! be conddti6ned upoa the dedication of road
right-of-way in accordance with the thorbughfare plan contained in the Traffic
Circulation Element.
~~_The City shall continue to adopt and enforce regulations ro
require that subdivisions be des~ned so that ~ndividual lots have access to an
internal streel~ system, and that:limited access easements be provided along
colIector:and~artertal roads to cdntrol access:to same.
~_Th6~ C~ty shall icontmue to actopt and enfome regulations to
require that ail developifienl~i ~rojems b~ designed so as to minimize the
number of driveways ~n3 a&~ss roads*whiCh intersect thoroughfares, and
shall requir ~e that these driveways and access roads be designed and located to
allow for mgnahzatton, wherever posmble.
F ........ ~,..~e C~ty shall continue to adopt and enforce regulations to
reqmre th~/~ major collector r~ad~ m remdent~al development projects be
designed and constructed as Public roads, wherever possible.
CiW of Boynton Beach
EAR-based Comprehensive Plan
Amendments
I-3
Date: June 6. 2000
Future Land Use Element
Policy 1.3.¢7
_- _pr-e~h~aa~_The City shall continue to adopt and enforce regulations to
reqmre that roads within adjacent or nearby development projects be
coordinated, and that access roads which intersect thoroughfares be aligned
wherever possible.
Policy 1.3 A-g_8
Objective 1.4
Policy 1.4.1
City,shall continue, to adopt and enforce r~ulations ta
re, quire that co' ' ~"" '.mm~r¢ial groje~ts pro,de marginal a. cc~S ~0ad~[ or cross access
between 81~es, wher~ex, e,~}pmctica], in order to minlmize~Ihe need for. trips on
Policy 1.4.2
Policy 1.4.3
to
reqmre that,
inthe :. ~
wa[er
in order
~et forth in
to
· a capital facilities
for the
cost of these
· : established
Policy 1.4.4
limit
to those which
City of Boynton Beach .....
EAR-based Comprehensive, Plan
Amendments
Date: June 6.2000
Ft/mre Land Use Element
r ............ The City shah continue.to adopt and enforce reaulatlons to
require that development orders ehall not be issued if the potable water
required to serve existing land uses and future land uses for which
development orders have been issued would exceed the water which can be
provided in accordance with the water use permit issued by the South Florida
Water Management District.
Fr:::.d: tk.~t tT~he City shall continue to adopt and-enforce regulations to
require connection to publ]9 water supply and extension of water lines to
proper~y~ boundaries in accordance with applicable Palm Beach County
Environmehtal Control Rules.
Policy 1 497 e..t. .......... o,.~ ~^_+:~_ '~cm~' +~ '~ ':~"~' ........... '~+;~"~ to
v ........... *.The City shall continue to adopt and enforce reaulations to
require, that water service agreements specify the intensity and/or density of
the:land uses which would be served consistent with wmer and sewer ¢olicies
undet~ Obiective 8.21 of the Intergovernmental Coordination Elemem_
Policy 1.4.¢_8
shall establish and iml~lement procedures to oppose land development orders
for land uses which are in the unincorporated area and adjacent municipalities
which are within the ~C_ity's water service area but do not obtain water service
agr~er~en~s from the City, except for agricultaral land uses and single-family
detached dwellings with a lot area of -l-one acre or mom.
Policy 1.4.4-09
Fr:;Sfl: Xkat t_The City shall continue, to adop~ and enforce regulations to
provide water supply, treatment, and storage facilities in accordance with the
schedule of capital improvements contained in the Potable Water Sub-Element
and Capital Improvements Elemen~s, in order to maintain the levels of service
established in the PotableWater Sub-Element.
City of Boynton Beach
EAR-based Comprehensive Plan
Amendments
1-5
Date: June 6. 2000
Future Land Use Element
Policy 1.4. '~I0 The City shall consider establishing a plan by the year 2002 _to phase in
improvements to the City's water system using, special assessment districts
prioritizing those enclaves annexed inacc0rdance With the 10-acre enclave
armexation provisions, Subzequ~nt ~ m~ ~: .... ,~;~, ~,~ ~
ObjeCtive 1.5
Policy 1.5.t
Policy 1.5.2
Policy 1.5.3
r--~ ..... tTh¢ City, shal[~ continue to ~adopt~ and. enforce regulations to
mqUi:m that at! eonstmeti0q;:and de~dopmelit proje~t~ ~9~de sanitary sewer
collection and tra~smissior~ifacilities tO serge the prOje, ct, i~r pay for the cost of
same~ m,o~de~ to t~royide serrate which at least m~ets ~ level Of service set
forthin th~ SanitarY:s,w~r StCb-Element.:: i: ....
[O
t facilities
Policy 1.5.4
proportionate cost
service established
~ ...... -~'~h ~ts~al~ ¢ontme, to, ~dc~¢t ,anc~ ~m~ome re~ula'aons to hm~t
the density, i~tensity; type, extent, and loc~tibn ¢f lana'uses to those which
City of Boynton Beach
EAR-based Comprehensive Plan
Amendments
Date: June 6, 2000
Fhture Land Use Element
1.5.5
can be ao¢ommrycktted ~by the' sanitary sewer system and planned
-_ improvements theretO,'a Set forth in the-sanitary Sewer Sub-Element.
Policy 1.5.65_
Policy 1.5.:7-15_
Policy 1.5.g7
Policy 1.5.4-0_8
p~'c;qdo X~t t._The CitY. shall continue .m adopt and enforce regulations to
require connection to the City's sanitary sewer system and extension of sewer
lines to property boundaries in accordance with applicable Palm Beach
C0untyEnvironmental Control-Rules.
shall, establish and implement procedures to oppoSe land development orders
for land uses which are irt the unincorporated area and adjacent municipalities
which are within the City's sewer service area but do not connect to the City's
sewer system, except for agricultural uses, and single-family detached
dwellings with Mot area of-kone acre or more- located within areas not served
by City sewer.
~..v ....., .-~:'~ *k~*.._. tThe_ City shall continue to adopt and enforce regulations to
provide aanita~ sewer facilities in accordance with the schedule of capital
improvements contained in the Sanitary Sewer SUb-Elemem and Capital
Improvements EIements. in order to maintain the levels of service established
in the Sanitary Sewer Sub-Element.
The- CiW shall consider, esmblishin~ a plan by the yem: 2002 to phase in
imlarovements to the~ City'S sewer system using special assessment districts
prioritizin~ those enclaves annexed in accordance with the 10-acre enclave
annexation provisions.
City of Boynron Beach
EAR-based, Comprehensive Plan
Amendments
I-7
Date: June 6, 2000
Future Land Use Element
Objective 1.6
Policy 1.6.1
Policy
Policy 1.6.3
Objective 1.7
he level of~ service
~ii~tt 4~ i~i:~}~ce~u&~ 't~ P~id9 ~{~.,.~ t6:~ F~e L~d~°tificati°n to t~e
ems~g pl~.
a . which would
~olid
Call
e-~ ~t-~= ~=:t,Thg ~C~t~,,~sl~at!?~oim-ntte~ to ..a~pt~ ~- e~orce re~atmns to
ess~on ~r d~i~ ~u~c~ O~d6~top~gt orders, or requke
ph~ng of s~e, ,~ apg~gp~},;~f~e Ct~;is, ~o~:~y ~e Pa~ Beach
C0~ Solid W~te ~u~6~ 'th~ a~qUate ~olia 'W~te colleefion ~a
facilities
Policy 1.7.1
City of Boynton Beach
EAR-based Comprehensive Plan
Amendments
ensure that all
required
District
Date: Jane 6, 2000
. Future Land Use Element
and/or Lake ~o~Dr~E. Dig~ct, p,,rio¢ to submitting final construction
...plans to the C~ty.
Policy 1.7.2
Policy 1.7.43_
pfcv.:de The City shall.adopt:and enforce procedures to ensure that all land
development orders zh~! be conditioned upon the reasonable dedication of
canal rights-of-way and construction or reconstruction of drainage canals, as
required by the SOUth Florida Water Management District and Lake Worth
Drainage District.
Damage_?~ntion Ordinance.which shaIt:c0mpty ~ith-the requirements of
the' National Flood Insurance Program~ and a Coastal Construction Building
Coda v~hic~ ~halt comply with~applicable pro~vision~..of Chapter 161, Florida
Smtatu~s:.. G?.nformance ~qith. the Natinna[ ,Flood. {~isuranca Program is
o~to~d, by~ the Federal Emergency Manag~men~ ~A ~c on a earl basis
~ .... ~. ..... , g Y Y Y
which mayjn~!ude an office audit to.assess confom~ity .with federal laws.
Policy 1.7.$~_
Cty shall continue to ...... adopt and enforce stormwater
management and too& protection requirements conlained in the Ciw's
Subdwts~ot~ and Platti.ng Regulations, which sh~.. at least meet, or
inc;rPor~ by referen~ th~ regulations-of the South Florid~ Water
Management District and the Lake Worth Drainage District.
Policy 1.7.65
~ m require that all land~ development orders and
conditioned upon providing flo.od protectipn and, if necessary,
prote :t buildings f~d fi~d,i~g up to the 100-year
and ~e designed to accommodate m3.:year design storm for
time of concentration for~ th~ ~ershed, and meet all
meats of the SoutI! F10rida:Water.~agement District and
Lake Wortk Drainage District. All flood protectior/~d drainage facilities
whicl~ are necessary to meet these standards shall b~ ~uthorized at the same
time that.development orders and perm/ts are authorized.;
~ ~.-7 .... -~:~ ~, r ..... r~ ........... ~ ..... ~'-'~'r' .Land development
projectslan~ future land uses shall provide and/or bi~ provided with parks
and recreatioa facilities which comply with ~::t 'lhe. park and facility
City of Boyntun Beach l-9 Date: June 6. 2000
EAR-based Comprehensive Plan Future Land Use Element
Amendments
recommendations and levels of service which are set forth in the ]
._ .Recreation and Open Space Element.
Policy 1.8.1 ~,,~. .......... m.~ ~_,: .... ,~;n, ,~ ~,,,~ ~ ~ ....... .
~ ,:. req~-.~e, dMicafion, o~ p~lia:p~k lad~6~ p~vate p~ks reerea~on
fa~ilkies, an~er:fees, in HeU'i~r~of,~n aeco~ce ~iffi~ policies ~d levels
of se~ce'~l~blished in:/~he:Recr~fi0n ~d;opea ?Space Element.' The Ci~
shall ~so review ~e perfo~ce of these '~de pi~si0ns, at le~t eve~ five
yeas.
Policy 1.8~3:
Policy 1.8.4-
Objective 1.9
Policy 1.9.1
City of Boynton Beach
EAR-based Comprehensive Plan
Amendment~
the~ park
incentive
projects
includin~
business
Community
Ocean
1 and Martin
~' shall
Management
as needed), and
,¥ the
Datek June 6. 2000
Future Land Use Element
Policy 1.9.2
~olicy 1.9.3
Policy 1.9.4
Pc!icy ! .9.5
. 'a ' .... r'"--,-- ? ..... : ............................... ~011C ......
............................... -~ ...................... :~ .............. nC. The C~tv
shall implement the Br~¥ff~on Beach 20/20 Redevelopment Master Plan bv
revising City ~requlat~0ns and 'codes, the, Comprehensive Plan including,
amendments to the Future:Land Use Map and the addition of new policies, the
Community. RedeVelopment Plan, and all plans and guidelines specific to
areas impacted by the B0,fnton Beach,20/2D Redevelopmem Master Plan.
Revisions to these, documents should include chan~es which either include
appropriate consolidatiqns of plans affectin~ similar areas, or chan~es which
increase the consistency between these plans and regulations.
The City ~)aJl implement.the current expanded Com~ munity Redevelopment
~a ~o~i}t~fit:With the Proposed area delineated ia:i.the adopted Boynt0n
Beach 20/20 Redevelopment Master Plafi. CCn~r:-_? +.3 :.mD!cmcnt th:
Rede~elopmeat of~"The Ocean District' as defiJed irt the Bovnton Beach
20/2oRedevelopment Master Plan should be;:~m~,a~i~ed when consideri,=
marina' and similar types'of development, approvals S"l~"~q"g-+ '*r, 10~.~,
Pc!!zy 1.9.7
Objective 1.10 The Citvf bY
nonconf~thnlng uses to
Commissibn
City of Boynton Beach ' l-I 1
EAR-based Comprehensive Plan
Amendments
a study of all
and value for the CiOf
nonconforming
Date: June 6. 2000
Future Land Use Elemen~
Policy 1,10.2
commercial and industrial uses which are located in residential zoning
districts, and all uses which create a significant nuisance or risk of fire,
explosion~ toxic, or other hazard Fo existing or future dwellings located in
residential land use categories on the Future Land Use Map.
in
Policy 1.10.3
Policy 1~,10.4
which is
districts be
Objective 1.11
exotic
minimizing
archaeological
Policy 1.1t.1
preservation of
~0rth
the
tpproval of
Policy 1.11.2
City of Boynton Beach
EAR-based ComprehensiVe Plan
Amendments
[-I2
action in
:.lement.
Date: ,June 6, 2000
Future Land Use Element
Policy 1.11.3
Policy 1.11.4
continue~to adopt and 'enforce regulations to require littoral zone plantings
around bod,es of water and continued enforcement of pertinent reaulauons In
accordance w~th the policies contained m the Conservation Element.
Subcaqu:=: :c P!m". adcF~ticm mcdi~' th: lmnd dcv~!oF~rr.:ni regulations to The
City shall continue to require the mitigation, protection and preservation of
wetlands and deepwarer habitat and continued enforcement of pertinent
regulations in accordance, with the Conservation and Coastal Management
Elements, and the policies concerning wetland and deepwater habitat which
are contained in the Treasr~m,Coast Regional Compreh~msive Poli~y Plan.
Policy 1.11.65_
Policy 1.11 .g6
Policy 1.11.g7_
Policy 1.11
continu~ .i~ad0pt and en~0r~e regulations to r~iew and regulate uses which
could pot, e~mally contam~¢at~ groundwater, through the C~W's Envkoment~
Review R~t procedure, ~d enforcement Cf p~nent regulations and
perforate st~dmds w~ch ~e related to gro~dwater protection.
continue ~.~kdopt ~d enforce reg~ations to req~e pereol~ion of~e first i,/2
one-half ~eh o~ stomwamr moff ~to ~ass7 .sw~es or o&er l~dscaped
me~. t~au~h.~e enforcement of ~ent regul~ons, ~d require inlets ~d
cateh:b~m to he tocate~ m ~sy sw~es or o~er l~dscaped reeds, except
on~ site~ ~of [ess th~ ~f2 one-h~f acre where the application of this
req~kem~t would not be re~omble
throuzh ~e enforcement.' bf pertinent regulationS, continue to require that
p perty ¢hich has been aeired be seeded and mulched within 30 days, in
order to minimize blo~Sng,soil, unless the develop~er diligently proceeds with
the constrimtion of buildings, infrastructure, or o/her improvements to the site:
continue [o adopt and enfdice regulations= as well,as, new or revised policies
within, and remsmns to the Transportation iElement ro require that
developm~eBt projects tncl~4de the prowsmn of fficflmes for pedesman and
bicycle tr~sportation; an{ ~ass transportation, Wherever practical, in order to
reduce air pollutmn from automobttes
City of Boynron Beach
EAR-based Comprehensive Plan
Amendments
I-F3
Date: June 6, 2000
Future Land Use Element
Policy 1.11.-I-0_9 $::bzcqu:nt tc PI=x adcFt!cn, mod"~' X~e !mhd dsvc!cFmcnt ~e City shall,
.. t~ou~h the e~omement ofpe~inent regulafions, continue to require- ~at,-in
the event of,prior ~owledge of,~y ~chgeolo~c~ si. re'on a development sim,
or ~e discove~ of ~c~eoto~ ~ifac~ d~ng project cons~ction, ~e
~&yeIop~-sh~[ ~p::~c~m/mc~qn ',in that ~e~-~ i~edimely nofi~ ~e
Division of ~chives, 'Histou md Rec0rd~ M~agemem, in ~e Florida
g~p,~ent of~State;~P~¢P~.prome~on to the~Smisfac~n.of the di~i~on sh~t
Policy I. historical
of
Policy l.ll.-g311 ·
s~?rep~are and adopt a
r~endations of the
Policy 1.11.-~12 ~
~fto mcd!~.' enforce
~pen space
and "C"
Policy 1.11.13
with
ensure
Objective 1,12 Coastal area populatio~
accommodated by~ s~reet~
city of Boynton Beach i- 14 ~'~ [.
EAR-based Comprehensive Plan
Amendments
~ot exceed ~tI~ose which can be
in the evince that hurricane
Date: June 6;2000
~Fature Land Use Element
Policy 1.12.1
Policy 1.12.2
Objective 1.13
Policy 1.13.1
Policy 1.13.2
evacuation is necessary, which shall be accomplished by coordinating
__ _residential densities and the approval of i'esidential projects with the
P Im Beach Court ............... . ~-
ty . ~,~-: ..... Comprehenstve
Emergency Management Plato and the agencies which are responsible for
formulating and implementing this plan.
pr-o~d~tha~_The City shall adopt:andenforce regulations to notify and shall
solicit the comments of the Palm Beach County Division of Emergency
· anagement and the Ctty s Risk Management Officer, prior to approving any
increase m residential densities in the Hiarricane Evacuation Zone above the
maximum densities allowed in the Coastal Management Element, if the
proposed density increase would result in an increase of 50 or more dwellings.
The City. shall ·request that these density ~creases,. be. evaluated with: resp ecl to
the Palm Beach County ............... ~,~.,,~ ~ :-,Comprehensive
Emergency Management Pin'n, The City ghall ConSider these comments, prior
to issmng a development order for the prqjecr, and shall not approve density
increases Which would substantially impair; hurricaiae~evacuafion. ·
tm~4~m~_The City shall adopt and enforce regulations to require that
traffic .impact *statements for residential projects-of 100'dwellings or more
which :are located in the Hurricane Evacuation Zone include an evaluation of
~.~e affect of the project on hurricane evacuation times. The Ciw shall forward
a copy 0f this traffic impact statement to .the,:Palra Beacl~ County Division of
Emergen6y Management and the City's Risk Management Officer for their
comments, and shall consider these comments, prior to issuing a development
order for uhe project. The City shall reques~ that these traffic impact statements
be evaluated with respect to the Palm :Beach County
P!~Comprehensive Emergency Management Plan.
Discourage urban spraw[ by creating a compac~ urban area within the
City attdithe City's utility Service areas.
The CiW shall gl~rovide water and sewer service, according to appropriate
contribution requirements, to all existing and proposed urban land uses within
the Water and sewer service areas delineated in the Potable Water and Sanitary
Sewer Sub-Elements, up to the densities and intenSities which were utilized in
planning the water and sewer syszems.
frcntxge. The City shall initiate an evaluation of the current reg?t,tlons and
incorporate development recommendations contained in the Boynton Beach
20/20 Redevelopment Master Plan.
City of Boynton Beach
EAR-based Comprehensive Plan
Amendments
1-15
Date: June 6. 2000
Future Land Use Element
Policy I,i3.3
Pohc¥ 1. I_~.4
The City shall continue to ~-encourage infilI development and redevelopment
_by ~r-~--~, ..... mplementmg actmns of the Bovnton Beach 20/20
- Cc~m~xityl RedeveloPment .Master plans, and. the policies contained in the
Coastal Management Element.
Objective 1.1¢
evaluating the
Policy 1.14,1
~f. the approval
Policy 1.14.42_
regulationssI0~
and require dedication of~,
USe, wh~e ¢
Policy 1.14.5-3
city of Boynton Beach
EAR-based Comprehensive Plan
Amendments
t-16
or intensity of
consider the
Date: June & 2000
Furore Land Use Element
~ ' '~ ............................ ': . ~ne City
shall allow wellfields robe located in ,any land use category or zoning district.
Policy l. 14.:7~_
o.a. ..........m~,, ~+:~- ' h I1
..... ~ .............. v ..... , The Ctty s a
~reg ility · ·
ulations to ~low ut ~cfl~Ues
!~.d uz:z .~ th~ v!cLnL%' re he located ~ ~y l~d. use catego~ or zoning
dis~c~ but require site pl~ ~d landscaping renew ~R scr~ning for ~ese
fa~ilitie~ ~re apPropri~te.,~d malnten~ce by
Objective 1.15 The City shall encourage planned development_: projects svhich are
sensifi~e to characteristics of the site. and to surrounding land uses, and
mixed-use projects in locations avhich are appropriate~ and utilize other
innovative methods of regulating land development.
Policy 1.15.1
Subaeq'g:nt .ts P!mn adsF~cn,, The City shall continue to allow mixed
commarcial/residential uses in the C-3 Community*Commercial zoned portion
o£the Local Retail Commercial land use category and Mixed Use land use
category, and Central Business zoning districts, in accordance with the zoning
regulations for these districts, where such projects would not create significant
land use conflicts, and public facilities would be adequate to serve the project.
For such, mixed use projectsAocaged in the Local Retail Commercial land use
category, the maximum ~density shall be 10;g: ~twelling units per acre.
COmmercial uses shall be allowed up to the intensities- specified in Policy
1.16.g2. These commemial and residential land use intensities shall not both
be appli~-to the same lan& area, except where specifically permitted in the
Land Us~ Problems a,ncL Oppommitiea section c0n, taine4 in the Future Land
Use EIme~ng suPPort recreants. Any mix of co~ereial and residential land
uses shall be allowed, howe{ret. Where such projeets would be located in the
Mixed Us, e landuse categqry; the maximum demi~shalk be 40 dwelling units
per acm: ~Commercial uses shall be allowed up to file intensities specified in
Policy L1632. These co ~mmarcial and residential~ lan&use intensities may
both be:,appEed to the same !and area, and any. mix of commercial and
residential land uses shall be allowed.
Policy 1.15.2
Ciuy of Boynton Beach
EAK-basedt~ Comprehensive Plan
Amendments
continue~ to adopt and enforce regulations to allow mixed
commercial/residential projects in the Local Retg~l Commercial and Mixed
Use land u~e categories, where this type of development would be appropriate,
where suqh projects would ri. et create significant land use conflicts, and public
facilities ~,w, ould be adequatel,u> serve the project. For such mixed use projects
located in :the Local Retai! Commercial land use ,category, the maximum
1, l ¢ Date: June 6, 2000
Furore Land Use Element
density shall-be 10.g dwelling units per acre. Comamercial uses shall be
,..allowed up to the intensities' specified in Policy I, 16.~_2. These commercial
and ~esidential land use intensities shall not both be applied to the same land
area, except where specifically permitted in the Land Use Problems and
'Opportuni~ieg: se~on ¢0nta~ed:_i~ t~e F~mre Land U~e Element support
,d0cumen,ts_¢~AnY mf:~fTco~r~ial and'r~d~nfi~latidi~es Shall be allowed,
however. ' -/'~ ':
F0E pr ~oj ects-located in the Mixed Use Iand use'?tegory?the maximum density
' -shaili:be, 40,dwelling milts p~ acre:' C0mmere~l:',uses sMll be allowed up to
th~eth~ intemities specified in Pglicy :! .,i6 ~,2_.: :,~,, ~gse eon!~, ~Ercial and residential
.... , ,laa~ Us~i:~nt~r/Sifie~ m'~a~,l:~b~ ~pp!~!to: ti~.§nme a, and any'mix of
cornm ~r~igt an~ re$ide~al:laiSd m~ Stiall',~ ~0W~i~:
Pblicy I. 15.3
mixed
and public facilities ~
~se conflicts,
types
adustrial '-"
1.16.1.
Policy 1.15.4
or-~ r
City of Boynton Beach
EAR-based Comprehensiv~ Plan
Amendments
icy
shal} continue to ....... fadopt and
to allow mixed
Industrial, General
such
public facilities
and
land use
1.16.1. Por
Industrial
shall be
For commercial/
General
the
' shall require
daximum
2000
FUtUre Lan~ U ~e Element
lot coverag8~'and buildi~hMp~fg Cd2 ~6dfi':~r6jaSts shall be in accordance with
. _ .Policy 1; 16:~2_:
Objective 1.16 PP.y f::=: !, !9.°e; ~r wk:= mz----atzd ky :.~a.~e :tztuto, The City shall
continue to regulate the use, density, and intensity of land use, by
requiring that all land development orders be consistent with the Future
Land Use Plan and other applicable policies of the Comprehensive Plan.
Policy 1.I6.1
~-~-x----e"~' .......... .~ .r~'~.-. --~---~+;on, The City shall continue to adopt and/or revise
....... ; ............. ~- ........ ~gulatlons to continue to -'+,',~ and enforce
zoning regulations, which, unless provisions are made for otherwise in the
Problems and Opportunities section of this element, shall correspond to the
Future Land Use Plan in accordance with the following descriptions of land
use categories. The uses allowed under each land use category shall be
construed to be the maximum range of uses; but shall not indicate that a
particular use is n cessanly allowed m a land_ use catego~ or zoning district.
The zoning regulations or other provisiOn of tho City's Comprehensive Plan or
Code of Ordinances may prohibit, or regulate certain specific uses if doing so
would_ be reasonable. Furthermore, other uses which have land use
characteristics which are very similar to those which are Ested under a
particular land use category may also be allowed in that landuse category.
Uses allowed in all land use categories: Vacant or undeveloped land, open
space, preservation and conservation areas, bodies of water and water
management tracts, and rights-of-way; agricultural and horticultural uses as an
interim use; public and private.~ parks and recreation-areas, golf courses;
government, utilities, and communications facilities, but no~ storage or
maintenance facilities as a principal ,use, or utility plants; unless specifically
allowed.
General rules for all land use categories: All attached single-family,
condominium, and cooperative dwellings which exist ar the time of the
adoption of this comprehensive plan shall be construed to be in conformance
with the densities shown on the Future Land Use Plan, regardless of the
existing density, with respect to the continuance, repair, and reconstruction of
City of Boynton Beach
EAR-based Comprehensive Plan
Amendments
149
Date: June 6. 2000
Future Land Use Element
same, Unless the entire site occupied such dwellings is cleared and
redeveloped, in which case, the maximum density shall be that which is
shown on the Future Land Use Plan. The aspect of this policy concerning non-
conforming densities is to be codified in the City's Zoning regulations.
Q~lings~whi .cb_ a~e b~to~nonqgnf, grmiog;iots?:with'a~'reasonahle lot area
a~d~.o.,n ~hjch coi3s~n is gemt/ed~in the zoVJng:~e ulati0nS shall also be
construed'to conform t~ the denSiliew, shoxwa on the Future Land Use Plan.
Mobile home p~ks in ~vhich~;,:~e residemi~ dens!~.exc~eeds ~he~maximum
densiW sho~,9n~ ~e, Fu,rare ~d.LTse glan shall be pe~tted to continue at
~:,exi~tin. g ~i~ ~t.~m2~:.!9o ~n~,0.:~ ~ densi~ ~ ,t~ .Tthe usO .of the entire
the density Shown 6n the'Future Land Use P1an. .-
..~ ~ariances and exceptionsrm::the..devel0Pmen~.xegulations whictX have been
a~!op~;e~ in .aCC°rdance with~.theJand~ use Ca~;egorie~..belgw, which are the
· ,m~,!imum va~an~~, or eXcep~or~ne, cessary:~!to alloW-.for the reasonable
d~¥e!op, ment of:prOp~erty, Shat[ be~ construed to be consistent with the use and
intensity guidelines set forth below.
:P,/eco :mm. endations for s~.m~.~gxeas which are contained in the Land Use
~b! ~e~s and OppOfluniti~s se¢~Ofl 6f this Element shall supersede the uses or
fatcnsi~¢s set. forth _in l the, land uses categories below, if these
recommendations are mom reslr/cfive.
Low Density Residential;, ~Thi
resedit/a} z°nin districts
r "a~ons does not, exceed. ~
aa~/i, ns$imtior~, ~ uses loeat~
fl~ P~ul~tic aad Privat~ G~ye~
ane~p~ks and.recreation'fac5
category.-
,~!and use category shall generally consist of all
~hi~ thegross d;nsity permi~tted by the zoning
1/~ dwelling units per acre. Public, educational,.
vi/thin-these: zoning distr/cts; may be placed in
..~ei!~al/Inst, imti0~ land use category, however,
i~s~may be placedAn the Recreational land use
The use, allowed in thi~-land, use category shall be-limited, but shall not
necessarily include, the following:
Residentia} uses with a gross,density of not more than 4.84 dwelling units per
acre; places of worship, lelementary and high schools, and day-care services;
police and fire stations; social and civic clubs and organizations; community
centers; home occupations; commercial uses if ~clearly accessory and
subordinate to residential uses, and occupying not more than 5% five percent
or,the area of a planneg, unit deVeloPment; also, group homes, rooming and
bo.ardin~ homes, and nursing.homes'or related health-care facilities which are
come'hie to this densigt iv, character or impact. Density bonuses up to 9.68
dw. ettings per acre ,times~ the average number of persons per household in the
Ci~ may be alloWdd for group homes for the elderly in the Low and Moderate
City of Boynton Beach 1~20' Date: Sune 6, 2000
EAR-based Comprehensive Plan Fumm Land Use Element
Amendments
Density Residential land 'use. categories; on sites which
.designated as such on the Future Land Use Plan.
are specifically
Moderate Density Residential: This land use category shall generally consist
of all residential zoning districts in which the gross density permitted by the
zoning regulations is greater than 4.84 dwelling units per acre, but does not
exceed7.26 dwelling units, per acre. Public, educational, and institutional uses
located within these zoning districts may be placed in the Public and Private
Governmental/Institutional. land use category, however, and parks and
recreation-facilities may be placed in. the Recreational land use category.
The use allowed in [his Iand use category shall be limited, but shall not
necessarily include, the following:
Same as Lov~ Density Residential, except that the maximum gross density
shall be 7.26 dwellingunits per acre.
Medium Density Residential: This land use category shall generally consist of
all residential zoning districts'in which the gross density permitted by the
zoning regulations is greater than 7.26 dwelling units per acre. but does not
exceed 9.68 dwelling units per ac~e. Public, educational, and institutionaI uses
located within these zoning districts may be placed in the Public and Private
Govemmental~stitutional~ lanc~ use category, however, and parks and
recreation~facilities may be placed4in the Recreational land use category.
The use allowed in this land use category shall be limited to, but shall not
necessarilyinclude, the following:~
Same as Low Density Residential, except that the. maximum gross density
shall be 9.68 dwelling units per acre.
High Density Residential: This land use category shall generally consist of all
residential zoning districts in which the gross density permitted by the zoning
regulationa is greater than 9.68 dwelling units per acre, but does not exceed
10.8 dwelling units per acre. Publ/c, educational, and institutional uses located
within these zoning districts may be placed in the Public and Private
Governmental/Institutional land ~,use category, however, and parks and
recreation facilities may be placed in the Recreational land use category.
The use allowed in this land. use.category shall be limited to, but shall not
necessarily include, the following:
Same as Low Density Residential, except that the maximum gross density
shall be 10.8 dwelling units per acre.
City of Boynton Beach
EAR-based Comprehensive Plan
Amendments
1-21
Date: June 6. 2000
Future Land Use Element
Special High Density Residential: This tand Use category shall consist of
residential areas assigned to this land use category in the Coastal Management
-Element, and may b~ applied only in COastal Area as designated in the Coastal
Management Element.
~ehe;us~S;~!!o~'ed'in ~i~s~landi:~e categorY:shall be-limited to, but shall not
cessari[y'i~liide; the f~ihwing;. -
Same ~as ~0~ ~e?s~ity R-'e~dential, except that {he maximum gross density
shall ~ 20~4Welling. units pet acre. i
ProfesSional Commemi~
which :~may be establishe~
that ~1t' ~f ~e ab~sVem~afigr
Use Map within~the Office
:kuse categ0ty skalL~Onsist.Of all C-1 Office and
~n~g ~:m?.cm~ ,~a_nd, ~ :oth~ zomng- d~stncts
,'~i~¢ladih~' pl~ COmmerCial DeyeioPment
~1~ [~.~h~a ,tO~.C4 ~s~ rovided
d go~n~ di~ ~e s~:on ~e Future L~d
~ci~-l~ USe catego~.
T~e 9scs ~[o .we~:ln this [a~, d,.,us~!¢glego, vy: shall b~ !hinted to, but shall not
nec~sanly~mclude, the fotl~¢~: .. :
Business,: professi.0n~and
~e.ral .homes; pi~c~,~gf~
an~, ,:ed. uc. aii0~aic; insfi~m~iO~
s~es, group lameS, nm:
~ ¢i~ccluhs :ag, ~d 0~g~iz,a
and` business services which
dmi ,nistrative offices; and financial nstimtious;
7.sgiPiisch¢!s. ;and instruction, day-care centers,
;.~m..m~e~m~;~otP~ta!s~ a!ad. other health care
g homes and relate~ heal. {h care facilities; social
99~;:,c!~ic .~t~ i!{mmlnurfity centers; limited retail
re,related t0~ abo~ve useS;
£ocal Retail Commercial: This land. t!secategory shall- consist of all C-2
Neighborhood Commercial andC-3 Community Commercial zoning districts,
and any other zoning districts which may be established, including Planned
Commercial Development zoning .districts, which am similar in character to
the. C-2 :o~ C-3 dis~tricts, proVided[~ that alt of :the abovementioned zoning
districts are shown on the.Future Land Us~ Map~within the Local Retail
Commercial land use catego~.. ~
The uses allowed in this land use category shall be limited to, but shall not
necessarily inctude,~the foil. owing:
Al! uses allowed in the Office Commercial land use category, plus retail uses,
personal services, and repair of consumer goods; wholesale of non-10a?~rdous
commodities; business services which are compatible with retail uses;
entertainment, recreation facilities, amusements; attractions, and exposition
halls; lodging facilities; marinas and boat storage; passenger transportation
facilities; temporary amusements, revival tents, and the like; also, high-density
City of Boynton Beach
EAR-based Comprehensive Plan
Amendments
1-22'
Date:. June 6, 2000
Future Land Use Element
restdenttal (maximum 10.8 ~twelhngs umts flerI'acre), including mixed use
developments.
Mixed Use: This land use category shall consist of all CED Central Business
DiStrict zoning districts and/or any zoning district(s) which may be established
Subsequent to the adoption of the Plan, provided that all of the
abovemenrioned zoning districts,are shown on: the Furore Land Use Map
w/thin the Mixed Use land use category.
The uses allowed in this land use category shall be limited to, but shall not
necessarily includethe following:
Ail uses located in the Local Retail Commercial land use category, plus all
uses located::in the High Density Residential Land- Use Category; however,
residential and hotel/m~tel 'densities up to fc,~,~; (~.:0) dwellind Un]ts per acre
are permitted.
All.land development located in~ the Mixed Use category shall be required to
submit a plan which includes a single unified design for the project, and shall
conform to any adopted design plan(s) for the area covered by the category.
General Commercial: This land use category shall consist of all C-4 General
Commercial zoning districts, and any other zomng districts which may be
established, including Planned Commercial Development districts, which are
similar in character to the C-4 district, provided that ali of the abovementioned
zoning districts are shown on the Future Land Use Map within the General
Commercial land use category.
The uses allowed in this [and use category shall be limited to, but shall not
necessarily include, the following:
All uses allowed in the Local Retail Commercial land use category, plus
wholesale- of non-hazardous commod/ties, business Services, vehicle and boat
storage; household storage; shops for fabrication, rebuilding, and repair on a
custom basis.
Industrial: This land use category shall consist of all M-1 and Planned
Industrial Development zoning districts, and any other industrial zoning
districts which may be established, provided that all of the abovementioned
zoning districts are shown on the Future Land Use Map within the Industrial
land use category.
The uses allowed in this land use category shall be limited to, but shall not
necessarily include, the following:
city of Boynron Beach
EAR-based Comprehensive Plan
Amendments
1-23
Date: June 6, 2000
Future Land Use Element
Industrial uses, research and development, wholesale and distribution,
business and repair services, warehousing and storage; transportation,
'- communication, and utility facilities, retail sale of home improvement goods,
tools, machinery, and the like; Adult Entertainment Establishments; trade and
racetracks, arenas,
and the
and
¢~u~iu.~q;-~ :r~i~.~ !an~:~.u,s~,i~g.~!i~shal[ consist of att Agricultural zoning
d:~m~ipmm~.~d ~at~i~,~:~w}tliin this-zoning d~stnct ~s shown on
the EUtu~e Lane[ ese PI~'~.:~Ag~alture land use~ca~teg0ry.
The uses at,owed in this~ ~[an0~ ns~;c~tegory shall be-.lnnited to, but shall not
nece~sari!3~:inc JUde. the.£o~lo/ving~: .
Agricultural and horticultural uses as either an ~nrerim or long-term .use;
processing!: an~ sale a~t/tc¢~ ;g!~own on the ptemises~ kennels;, horse
breeding;, stables, arid ff~g;: ~h~hes~ cemeteries,, and schools; single-
farmly ~etached dwetlmg~ W~:a,~et~eiamty of not less than 4-one dweflmg
pe~ ~-fiv~e acre~.
Recreational: This land
located in
placed in,the Recreational
construed
aa such on tke Future Lmm
all, Recreational zoning
district. It shall be the policy oT
those which are
Business District, shall, be
x4thin ~-five years of
districts shall be
. haw~ever, only if shown
The uses allowed in this land use category shall be limited to, but shall not
necessarily include, the £o}10wing?
Public parks and recreational facilities; golf courses; private parks and
recreatioa facilities; social arid civic clubs and organizations; civic and
commum~ centers; waters of Lake Worth and the Intracoastal Waterway,
excluding finger canals, and other bodies of water,
Public and Private Governmental/Institutional: This land use category shall
include allPU Public Usgge zoning districts, and shal} include all sites of ¢
three acres or more whicl~are occupied by city hall, public works complexes,
City of Boynton Beach 1-24 Date: June 6, 2000
EAR-based Comprehensive Plan Future Land Use Element
Amendments
hospitals,?tihmriea;~ Ut~t.y};l~lant~;~c~meterie~' and civic or community centers,
.places of worship, and p~-¥ate s~hools. Public schools which were in existence
prior to 1988 shall also be included in this land use category. The land use
category for public schools built after 1988 shall be a reasonable category
which is agreed upon by the City and the Palm Beach County School Board
administration. Alt of the abovementioned properties and zoning districts shall
be construed to be in the Public and Private Governmental/Institutional land
use category, however, only if shown as such on the Future Land Use Plan.
The uses allowed in this land use category shall be limited to, but shall not
necessarily:include, the following:
Government office buildings, libraries, police and fire stations; utility plants.
stations~ and substations; government storage and maintenance facilities; other
govemanent-owned or -operated` uses; public .schools, places of worship,
private schools, day-care services; mstitutions and quasi-public uses;
hospitals, nursing homes, and other health-care .services or agencies; social
and civic clubs or organizations; cemeteries; civicand community centers, and
public parks and rec~ation facilities.
Conservation Overlay: The uses allowed in this land use category shah be the
same as for the underlying landuse category, however, in accordance with the
policies contained in the Conservation Element, a minimum of 25% of native
habitat occurring on any development site shall be 'preserved; furthermore,
mangroves which occur on these sites shall be preserved consistent with
federal, state, and Palm Beach County regulations, and policies contained in
the Regional Comprehensive Policy Plan. The City may allow reasonable
intensification of the remainder of sites in this Category above the intensities
which are generally permitted, and may allow the transfer of development
fights from these sites, for the purpose of preserving more than 25% of the
native habitat on site.
Policy 1.16.~-_2
~,,~ .......... o,~ der/. di~ City
..... ~t~-~--, ...... ~ :n. me 'The shall continue co enforce the
land development regulations to provide that the maximum floor/area ratio in
non-residential [and use categories shall be limited, by the max~mem lot
coverage, the maximum height, and the parking, landscaping, and stormwater
retention requirements contained in the City's Code of Ordinances. However,
in no case shall the lot coverage exceed 50% in commercial, recreational, and
public usage zoning districts, other than the Central Business District zomng
Civd of Boynton Beach
EAR-based Comprehensive Plan
Amendments
1-25
Date: June 6.2000
Future Land Use Element
Policy 1,16.4}
district, which shall not exceed 85% and 60% in ~0ning districts which are
~included in the Industrial land use category.
The Ci~t~ shall continue to enforce the
policies which
ection
contained
of
incorporated
Objective 1.17
Policy 1.17. [ -.'l?ae:-City s~l,.eontinue to' ~Scourage additiona~ Comn/erciaI and industrial
' ' U~,~ b0~tli'r~e,~e~:ge~ntl3~ shown, on hhe,FU~re Land Use Map,
eGept where acCess ~s grm~e~'d i~act~ on residenfiali[a~d uses are leaSt.
................... -~r ............ tlon
Policy I. 17.42_
Policy 1.17.~3_
Policy 1.17.6
!.!7.7
c,,u ....... **~ r,~_ ~,;~, i shall
..... ,~ .............. ~, ...... The C tV continue to utilize and enforce
performance standards in the Ci~s zoning ~egulmions:
e,a,~_~ ~,~-~* tc P!mx~ z'~c~t!c=, The City, shall continue to- utilize and enforce
requirements forbuffer walls between residential and commercial or industrial
districts as set forth in the zoningregulations.
Subzcq:::nt tc ....... r ..... The CtW shall m~4fs, adoct the !and
d~v:!c~mc.".t and enforce regulations m require solid vegetative screening
between industrial and residential uses~ wherever practical, in addition to
buffer walls.
City of Boynton Beach
EAR-based Comprehensive Plan
Amendments
1-26
Date: June 6, 2000
F ture Land Use Element
Policy l.t7.g~_
Pz!!zy !.!7.9
The City shall continue !o tk4r~_alnta. Lu and improve the character of existing
singleffamiI~ and lowe~-~lensity neighborhoods, by preventing conversions to
higher denslties4 excent when, consistent with adjacent land uses. or with
impiementin~ rede~ei0pment plans including the Boynton Beach 20/20
Redevelopment~Mas~e/PlahJ ~ ' ~
Objective 1.18
Policy 1.18.1
Policy 1.18.2
Objective 1.19
Policy 1.19.1
~ shall
on-sRevehicularloading areas, streets, and parking
rovide the ma~Amum reasonable degree
of safety and convenience;
'~' ...... r--v-~ The Cttv shall conUnue to v ........ z and
~- .... ~-~ ~ ......... ~ ............ ~ ,~ ~orce .~e C~ty s P~k~ng Lot
Reg~afions ~d ~e s~eet demgn req~emenB contmed m ~e Sub~vismn
PIa~g Re~lafious ~ese reg~ations sh~l meet or exceed ~e desi~
~ed by the Florida Dep~ent of Tr~spo~afion, ~ess ~temafive
st~d~c~ ~be justified. Review ~e peffom~ of~ code provis/o~ at
five ye~s.
.......... ~ .~ The C~ty shall contanue t,o reqmre ........ provtmon of parking
spaces m acqordance with the City's Code of Ordinances,.which shall ensure
to the. extem which can be reasonably determined, that adequate parking is
provided on 95% of the d~ys throughout the year. Review the performance of
these code provisions at least every five years.
~)' Jmn~. !i !:*'~;ag; The Cit~ shall evaluate and allow a range of land uses for
which th~ ar~; location, and intensitY of these uses PrOVide a full range of
housing Ch01cgs, commercial uses to ultimately increase tax base,
emPloyinen~ ~opportnnitieS, recreation and open space- opportunities, and
publi~ u~es' ihcludin school sites for both existing and projected
populafions, Pkovided that all other comprehensive plan policies are
complied With.
.... rx~---,- -v, ~ ....... v ...., The City shall continue efforts to encourage
z!!cw for ia full range of housing choices, by ~2!z:;'Lng allowing densities
which, car~ accommodate the approximate number and !Ype of dwellings for
which the demand has been projected in the Housing and Furore Land Use
City of Boynton Beach
EAR-b~sed Comprehensive Plan
&mendments
-27
Date: June 6. 2000
Furore Land Use Element
Policy 1.19.2
Elements, including the provision of adequate sites for housin~ vervqow, low_ ]
.o: and moderate income households and for mobile homes~.' ~
..... -~ .............. v ..... , The City shall provide continued effort to allow
or lgdustnal acreage::whmh can, accornmgdate,the approximate industrial
e~plo)knqnt whichl~has~l~eei~ pr6j~ed: in th~ F~:~Land Use Element. and
; ,prohi!blt,,Conye~mn 0f:,land~:demgni~ed ,Indmstrlat:.~on the ,currentlst adopted
Fuiure ,Land U~e M~ip' Unle§i: ~dti ~nA)~ii~ ~5~fd"~n~rate ~ range of
employmem choices, for ~Urreni and future,'residents, ~i'o~ide e0~ds and
. ~erv~e~, 0t~*~emonaL, mmo~e,: and~ retam remofi/it ~fff~/I.and economic
comer of Old
Ci~:mhat:L continueCt9 ene~:~d'"erifo~: tl~: :i~aVelb~ment of indusffial
, l~d{~ mdmm~,p~ .o~ eQnceamed mdusm~ ~e~.~n order m m~m~ze
· e [~hge be~een ~ptemen~,indu~e~, ~:
Policy 1.19.5 .... ~ .............. ~-. ~ C~W sh~l conga, to ....... ~adop~ ~d
enfome _ _ _ - _-. :-:~ e~afio~'[0 ~i0~ ~co~ercial acreage
w~c~ c~ acco~odae ~e approx~ate d~m~d [o~ co~erci~ acreage
w~e~ ~ bee~:proj~dd ~ ~e Fu~e Lag ;Use-Element_
Policy 1.19.6 :o~emi~ acreage
~ess it c~ be
not the
Policy 1.19.7
City of Boynton Beach
EAR-based Comprehensive Plan
Amendments
particular
cannol;
applicable
The City shall continue to change the land use, and,zoninf to permit only
residential or~:othe~non-commemlat usex lift ar~,~ere the demand for
commerctal uses will not mcreaqe, pamcula~ly~'~nl ~he Coastal Area_.;
1-28 Date: June 6, 2000
Future Land Use Element
Policy 1.19.8
.~ ....-~ ........... o tlnue to .......~ adopt an__~d
enforce ~regulatiuns ro keep existing public schools
which are in operation in the Public and Private Govemmental~lnstitutional
land use, cat. eg0~ry._.~ Future public schools shall be a
permitted ~e in the LbW D~h'sitv Residential Moderate Density R~sidential,
High Density Residential, Office/Commercial, Mixeck-Use, and Public and
Private Govemment/InsntuUonal land use desicm~tlons,
....... ~ ......................... zDesrgnated sites shall comply w~th
state law and the following locational and design criteria'-
Policy I. 19.8.a At a minimum, the threshold'acreage for new schools'shall be as follows:
a)
Elememarv Schools: A. minlmnm ,of four a~es for the first 200
Students, plus'0ne acre foi: each additional I0¢ students,
b) Mtddle Schools/Jumor, High .Schools: A rmmmum of SlX acres for the
first300 student~ plus one acre for eachadditional 100 students,
c) Senior High Schools; A ,mlnlm,m of seven, acres for the first 300
studen~ts plUs}~nd a~.! !b,r each :adfi/fi?nai'iS0 ~tudents uo to 1,000
students, plu~i0~b/~r~'fo~ each addition~,ii01~'students thereafter.
d) Area Vocational-Technical School: A mlni~um of 20 acres for the
. firs, t` 500 students plus, one. acre for each additmnal ~(~ students up to
1,000 students.
e)
.Community College: A main campus site shallbe a minirn,,m of 100
acres. Each ~eparate center site shall contain a mlnlmum of 40 acres
for the first 5/)O~students plus tWo acres 'fOr each additional I00
students. SpeCial-purpose cemer site acreage shall be appropriate to
contain the functions identified in.the pr°gram
Policy 1.19.8.b
Upon issuance of a deVelopment order for a new school the necessary public
facilities such as, but not liinited to, sanitary se~er, s6iid waste, potable water,
drainage, and roads ~ appropriate bus stops are to be in place to serve the
proposed Us~. Furtherer{re,! th~ Sc~0ol Board sl~ai! obtain a written agreement
from the service ProVider assuring~adequate capacity is available.
Policy 1.18.8.c
Public facilities, should be lin ,close proximity, and operating at the adopted
level of service, before a de,velopment order con,be issued for a new school.
Policy 1.19.8.d The City shall request, that the School Board submit for review information on
renovations, additions, and proposed expansions fo property owned bv the
City of Boynton Beach
EAR-based Comprehensive Plan
Amendments
1-29
Date: June 6, 2000
Future Land Use Element
School Board to assure the ava/labiliw of public facilities and_land use
_ consistency, as the proposal rel'ates to future planned iinprovemems.
Policy 1.19.8.e Planners for the School Board, County, and the City shall be included in both
of
Policy 1.19.8.~
Policy 1.19.8.h
that may
Policy 1.19.8.i
Public
activities.
to tlmely
effo~s
~ 1~ serViced by mass
Policy
to mg{~'adopt and
of 3-three .or more
by government uses,
r the Public and
except where such uses
: district or in planned
Policy 1.19.1
which are
facilities,
facilities for residential
uses are
planned zoarng
Objective 1.20
City of Boynton Beach
EAR-based Comprehefisive Plan
Amendments
1-30-
shall
uire that the creation of
Date: June 6, 2000
Fubare Land Use Element
more
- platted
Regulations,:,
cumulatively since 1978 be
and Platting
Policy 1.20.1
Policy 1.20.2
..... -t ............ .v-~v-. The C~tv shall --~5 adopt and enforce tla~ha~
.................................... ,..-..~ments for ~e pmwslon
~d design of potable water, s~i~ sewer, ~d d~nage facilities,
stg~wa~r~tmam~t, ro~, ~des~ ~or bicy~e pa~s, ~d p~ks ~d
recreation f~iliffes; ske cl~g ~d ~ading' remora of uns~table soils.
stabilimtion of soi!~ ~o~sion of sites .for; ~ghools, utilities, ~tlfields, ~d
ahCr P~!ic Ui~s, hc udaa ¢~em~ts~.~p~ d~-of-my for sine; ad
consistency Mth ~e F~eL~g ~se Pt~ ~ x0ffing r~lafions.
Sx~s:~i&~r :: P!mx a~3F~on, The City shall e~ablish ~d implement
p~oc~es to~ review the p~O~ce of~, s~di~sion mgu~ons at le~t
once. eveu five ye~s.
Objective 1.21 The CiW shall adopt the land development regulations to prevent signs
which, are hazardous or aesthetically obtrusive.
Policy 1.21.1
The City shall review, and process necessary- revisions to the City's sign
ordinance, consistent with current City direction, and review the performance
of this mldlnance at least once ever,/five years.
Policy t.21.2
The City shall adopt and implement an amendment to the land development
re~lations to remove nonconforming signs and billboards through an
amomzanon program.
Policy 1.21.3
The CRV shall establish and implement a public ed,cation proeram
emvhasi~in~, the ~alue of sign regulation in terms of nuisance control and land
value-enhancement.
Obiective 1.22
In keeping with the "New Urbanism" principles established as ~uidelines
for development, the City shall incorporate the following policies in its
redevelopment and neighborhood planning activities in keeping with the
Visions20/20 recommendations.
Policy 1.22.1
The Community shall be defined by a series of walkable neighborhoods. The
neighborhoods shall have a clearly defined center and edge. The distance
between the two should be no more than a five-minute walk. Streets shall be.
laid out as networks. Each street shall be functional and safe for both the car
and the pedestrian/bicyclist.
City of Boynton Beach
EAR-based Comprehensive Plan
Amendments
1-31
Date: June 6, 2000
Future Land Use Element
Policy 1.22.2
The City shall took to' civic buildings as providing places of assembly and be
predominatel¥' located so as Co contribute to the identity of each neighborhood,
they should also be designed to serve as symbols of pride for the Community.
Policy,t .22;3' . ;, Neighborhoods, sl~alt provide: residenCes~ Of diffe~m, income le42~ls. Homes,
' .;~shapS¢~W°rk~l~eS'~.s~t,,~4deSi~n~t6:b~:ih dist~c~ of e~h
md radiate, out into edges with
city of Boynton Beach
EAR-based Comprehensive Plan
Amendments
1-32
Date: June 6. 2000
Futura Land. Use Element
Goal 2
Objective 2.1
City of Boynton Beach
.............. ;un transporlanon Element
Goals, Objectives, and Policies
op and mmntam a ............... n rransportaUon system which w~ll
serve the transportation neck's'of ali 'sectors Of the City of Bo;nton Beach in a
safe, efficient, cost effective, and aesthetically pleasing manner.
~-~.~-~--~, ,~ r-~ ..... ~ .... .The C~ty~ shall continue to provxde a
transportation network based on the following minimum level of service
standards:
Policy 2. I. 1
Policy 2.1.2
· L~evel of Service "C' or better under daily and peak hour conditions
on all unspecified City and collector highway facilities.
Level of Service "C" for average daily and.Level O of Service "D" for
daily peak season and year-round peak hour conditions on all non-
specified arterial facilities.
Level of Service "D" for ~year-round daily and peak hour conditions
on Seacr~est Boulecafd' south of SE 23rd Avenue, US I between
Boynton Beach Boulevard and Woolbright Road, 1-95 through the
City~ B0YntonBeach Boulevard from Old Boynton Road to 1-95, NW
;~2nd Avenue between Congress Avenue and I~95, Congress Avenue
between Boynton Beact~ Boulevard and ~ 22nd Avenue and
Boynton Beach Boulevard east ofi-95.
Level of Service "MaintainS'
::a=~a:d~ 1-95 from Boyntou Beach Boulevard to Woolbright Road,
Boynton ,Beach Bouletard from Old Boynton Road to 1-95, Congress
Avenue from Boynto~ Beach Boulevard to the south City limits and
Hypoluxo Road east of I-9~
· ~, ........................................ ~, ..... ,., .... 900.The City
shall ensure, through the~ implementation of the adopted Concun-ency
Management Ordinance, tl~at development orders shall only be approved
concurrent with provisions of public trans¢ortation facilities needed to
maintain the minimum level of service adopted by the City.
The City shall coordinate with Florida Department of 0 Transportation, the
Treasure Coast Regional Planning.Council, and'Palm Beach County regarding
City of Boynton Beach
EAR-based Comprehensive Plan
Amendments
2-1
Date: June 6. 2000
m...~.~. ...... C~rcxlaficn Transl~or~ation Element
Policy 2.1.3
the designation of "Special Transportation Areas" for those roads with
-- -operational standards less than Level ofOSer~tce D
The City Shall continue to annually identify Backlogged and Constrained
Service.
and
and
Policy 2.1 .~_
Policy 2.1.65_
Objective 2.2 The
the necessar~ i~xcepuons 3o me palm Beach Coun~de Traffic Performance
Standards Qi:din~e (,as ad~pt~d on ~an,, ~6~ .t992.and as rewsed m August
as:~t~ecames~pOsS~l~!~r~eeessarv'tC~eque t suh x epnons.
Ordillance, and
set forth in that
been approved in
Level of Service
future Traffi::
~haltYcoordinate same with
priority listing, miles of
other, ,improvements, and
Policy 2.2. I
The City shat~ ¢onfi,u,e to establish and maintgin ~ updated prioritized listing
of shb~ te~i(~20_.Q~),!'mi,d-term (2010), an~ long term (:000+20203
transpo~ationiilnpi'ovements for use by the city.
Policy 2.2.2. The CitY sh~! contim~e tO lobby Palm Beach County and the County
Metropolita~ Mlanning Organization 'fori the timelM im, plementation of all
programmed ~0ad. improvements as idem}fled in the:city s Tr~rfi.:: C!r:u!zt!cn
Transportation Element.
City of Boymon Beach 2-2 Date: 1une 6, 2000
EAR-baSed Comprehensive Plan Trafff: C:::uIat!cn Transportation Element
Amendments
Policy 2.2.¢3
The City shall continue to coordinate with Palm Beach County and the County
Metropolitan Planning Organization in order ro attempt to secure County
and/or state funding of planned, but unprogrammed road improvements as
idehtified in the City's Transportation Element.
Policy 2.2 $4
The ~i~,. [_in conjuncffon with the annual update of the City's Capital
[mproxtement Program, ~.: C-B shall :cn:.~.. continue making avail'able
supplemental funding necessary to accelerate unfunded or otherwise lagging
road improvements
PcEzy 2.2.g
Pc!icy 2.2.9
Objective 2.3
Within three years of Plan adoption, neighborhood circulation patterns
shah be :en~.:'nxcxzly monitored to assess local operating conditions and
address the need for any capacity or traffic calming/safety-related road
improvements on an as needed basis.
Measurer Number of case studies performed; Number of safety related
improvements implemented.
Policy 2.3.
The City shall tt~v~p-per£orm atr ~c count ~.__= ................ and special
traffic studies for local streets and collector rn,dw~w .......... r~ .... ., ~.~
~[~J-.pr~r~on ail as needed basis.
City of Boynton Beach 2-3 Date: June 6. 2000
EAR-based Comprehensive Plan Tra.~.:: Circahtlex Trans¢ortation Element
Amendments
................................ j .The Cttv shall develop and maintain a
safe, convenient, and energ~r efficient multi-modal transportation system
which will meet future as well as current transportation, needs.
Number
Measure: Number 0t~ crashes !alOng ' ta~ffete& icorridors involving
Policy 2.4.~3~_ ' TheCltY's :engineering and police department shall continue to investigate
local high zzzid~r~'zrash locations to identify potefitlaI mb~aods of minimizing
or eliminating fu~e problems (throughi Palm Beach CounW's Community
Policy 2.4.42 Th? City~shall- continue to support the constrUCtion of sidewalks and/or
designai~d roadside bikeways in ali land development ~lations and road
improvement projects which shall include ample signage and pedestrian
signalization proviSionS to designate and promote routes.
Policy 2.4.b_3
The City s~hall continue to roqulre unobstructed sight lines: and non-obtrusive
larid~ai)e~ plantig~gs al°.Og i rnedians ?d~ at deve!0pm~nt driveway/street
locati0ds.' Planting ~ and along roadway rights-of-bray should 'emphasize
the use of native vegetation.
Policy 2.4.6~_
. .t a ~x .......... _The Ctty, at a m~mmum, shall continue to program and
budget funds for roadway maintenance 0f for City maintained roads ~
fimd~at least at the existing levels.
Policy 2.4.:7_5
........... - ............... v ........ The C~W shall, by
the'year 2002, modiht and ehforce regulations to include access management
criteria such as establ~shin~ ,minimum spacmg between of driveways (access
points) and median openings; as well as, reqmrements for exclusive mm lanes
and intersection signaliZatioh: (warran{s per the~ Manual Of Uniform Traffic
Control Devices).
Policy 2.4.g~_
The City shall implement the recommended bikeway classification system
(bik~ l'anes} bike paths,: and 'bike' routes') within the City, as stated in the
city of Boynton Beach
EAR-based Comprehensive Plan
Amendments
2-4
Date: June 6. 2000
Transportatmn Element
Objective 2.5
Policy 2.5.1
Policy 2.5.2
Policy 2.5.3
Policy 2.5.4
0 bj ective 2.6
Policy 2.6.1
.............. ~.,.~...ramt.:~eacn k. OU~lty D1KCWa¥ ~'lan. and assess the
--- adequacy of the system eomvonentS~ in 'meetii4~ the C*,,'~ ~,~,n~ o.a -
Explore all legatlv defensible.alternatives for protection of pu'blic right
°f'waYU~when revieWing development proposals; provide for the'
protection of existing and future right-of-way from building
encroachment.__r-_~arovide for minimal negative impacts associated with
driveway locations, and provide for safe and efficient on-site traffic
circulation and parking, including provisions for shared driveways
shared parking, and handicapped users.
Measure: Number of' development projeet,s p.e. rmitted subsequent to
performance review; x'-'mhc~- cf 5ax~'.'ea~cd ~ar!-2=~ :r. acc~
The City shall continue to support State and/or County requirements, or more
restrictive local criteria, for minimum access point spacing, cross access
easements ;or other access controls associated with engineering and
development review procedures.
..... -~ ............... ~..~n, t_The CiW shall continue to require in the land
development regulations the provision of handicapped parking facilities when
revmwing development proposals.
modifi/and enforce regulations to require the conveyance of right-of-way or
easements consistent with the City s 'r.~re.~ r-;_~..,~.;^~ c, .... ' +"~ P 1
Beach County Thoroughfares Plan and with the plans of the Flor/da
Department of Transportation and/or Palm Beach County when corridor right-
of;way maps are tiled with the Palm Beach County Official Records Division.
shall review and modi~ regulations to provide safe and efficient on-site
circulation and parkin~ for all vehicles if subsequent analysis determines that
on-site design produces unsafe condition~,O!:y'a=
The City shall provide for private sector responsibility to implement
project retated transportation improvemenSs.
Measure: Amount of private sector highway improvements.
~ ..... , The C~ty shall conUnue to modify and enforce [
regulations :c :tnt!hue to require a traffic impact
City of Boynton Beach
EAR-based Comprehensive Plan
Amendments
2-5
Date: June 6. 2000
Traffi:: Cir:u:atlca Transportat on Element ]
analysis for any development prOject anticipated, to generate -~O,~0¢ 200 or
~ more additional vehicle trips per dayor 250 trips in the AM o~ PM peak hour.
po)icy 2~6.2
Objective 2.7
more
Measure: Number
improvements.
Policy 2.7.1
The City shall promote Iaea}, or coung, r~;and state (Florida gDepartment
:gTransportation, Palm Beach County) funding f~r traffic operations
improvements withl~:emph~asis qn develop~a'~dadways such as US 1,
or projeCted:overc~P~ity ~rtefiat. or egllecto~ni ri;roadways such as Congress
A~enue; and; 'arterial;' or~ collector ,seg~.ents~ adjaee~t ~o 1-95, as well 'as,
adquisffion .Of Florid~;:Easi:i~t. Rallrd~d for.use asi commuter rail and mil
wi~tra~l fadilities~ ~
Policy 2.7.2
Policy 2.7.3:
~_The City shall, if aec?ssar~, consider capacity improvemems to
S: 1 alad:;~Boynton Beach Boulevard through, restriping of the existing
pay .eme~{ i~ effort shall be predicated on' a finding of minimal negatiVe
imP~ct~ leg .~ding:the toss Of on-street parking-either:th, rough lack of demand
or .b~i.rePl~ment:,with0 fi- street parking,,in other :areas~
Trat~,sportati~m Demand .Managernen*.:'-.The Ci~. shall support the
establish~ent of a TransportatiOn Demand Management vro~mm by 2003 as
patti of ~. con~esuon ,avarice strate~ to reduce the number of stogie
occupant; ~ehicles during:peak ~c penods~ ettherb¥ trip reductmns or by
accnmm~datmg exmt~n~ trips m fewer vehmles (e.~. mp reduction ordinance),
o~:b~! mo~tn~.same trips before' hr'after the most con~ested periods.
Policy 2.7.4 The ~Cit~ sBatl promote T ~rm~sportat~on Demand Management stratemes such
as~e~ pd0tli/~, ~sit:,.;~d ~.p~6fitieS to::~l~ime ~ hour ~or pe~
seasbh ~fic cohgestion~ t~ough public/private ~nerships (e.g.
CiW of Bo~ton Beach 2-6 Date: June 6, 2000
.................. Tmnspo~auon Element
EAR-based Comprehensive PI~ *.~r~ ~:.~..~.:~ ·
Amen~enm
Objective 2.8
Policy 2.8. I
Policy 2,8.2
Policy 2.8.3
Policy 2.8.4
Objective 2.9
Policy 2.9.1
Policy 2.9.2
Policy 2.9.3
Transport~Tmn Management A~soctanons..-and/or Parkina Manatemem
.- -Assoc~
The Cit~ shall strive to reduce overall energy c~nsumption due to
ranSportation ,zia regulatory measures~ such as trip reduction ordinances
ahd:incentiCe~.
Measures:Decrease in average vehicle delay on City roadways; Increase
in auto occupancy or car pool users.
~_ ~,:-- ............ ~.~-, tThe Ctty shall continue ~o coor&nare wnh
FlOrlda-D~Oof Transportation and Palm Beach. County regarding
computerized signalization ar/d -optimal signal timihg and progression.
~n-~,~- , ~-.~, .-~.,u., t_The City skall contm~lv support local
Pr0motmn and coordmatmn ~amp!ementmg Countywide ~desharing efforts.
The City shall cominue to ,sunnort the 'rri r, .... .~ r, .... ,~...~;, ~-,; ~.,
ptoJ,'ect ~and the lochl mil stqp.adjacent, to' NW 22 AvenUe and 1-95, and
suppor~ t~e m§oiUtion and/o; ,e~pa~si0n of the Tri~Rail, to Florida East Coast
Railroad upon feasibilit~ 6f ~udh ~
The ~City :shall continue:to support the high speed rail transportation concept
ahd?arti4ipate in the cxg~L'~g.reView of rail proposals as these relate to local
c0~Prekensive ,Planning:~effO~s ~md land use or environmental impacts
(deSpite'the State s recen~ ~eci~ifn to .not fund this proeram).
The City shall continue to provide local transportation facilities that are
visually and functionally Pleasing and that conform to City guidelines.
Measure-Increase in facilities which meet the criteria below.
c,,~, ....... tc m-n -~--+;-~ tThe City .shall continue to institute
transportation facility design standards, such as roadway signage and lighting,
for ~e entire City or designated subdistricts.
The City; [m conjunction with the recommendations from the Boynton Beach
..................... ~,. ~mdy 20/20 Redevelopment Master Plan. the City
shall develop "gateway" treatmems at major cross street locations and facility
entrances to the City, as well as, older neighborhoods.
..... ~ .............. ~ ...... t_The City shall continue to program and budget
funds for streetscape beautifiCation in public rights-of-way. Plantings within
and along roadway rights-ofiway should emphasize the use of native
vegetation.
City of Boynton Beach
EAR-based Comprehensive Plan
Amendments
2-7
Date:. June 6. 2000
Tmf.fi: C?:u!zt.~zx Transvortation Elemem
Policy 2.9.4
~-~..~-~..~"~' .......... .v P!mn adept:~an, t_The City shall continue to support or: where
'appropriate: require funding for landscaping and irrigation in transportation
projects and for perimeter masonry and/or vegetation screening along all
private circulation and paring areas. Platings within and along roadway
~ightS;o f~ay- sh°uldl dfi~'rha~i~e th~:ilSe b~a'fi~e veg~ti&i.
Policy 2,9.5
The City shall contin~ue to en£orce local and state laws prohibiting dumping or
l~rttenng m p bhc nglst:of-way
Policy 2.9,6
The City shall implement recommendations related to the roadway
i and ~beantifieati~a~ recdmmende~-ib~m/hm: to the B0vnton
B'~h~20/20 l~igex*¢l~menlC~stev P lan~ ~
- Objective 2,10
Palm
Policy 2. I 0.1
Policy 2.10.2
Policy 2.10.3
Objective 2,11
Policy 2.11.1
S;~bzz,quznt ta Pix.': a{aFtSax,, The: CiW shflt develop p[oced~es to ~uflly
prowde theP~ B~ch C~'M~P~O~ ~ a
,~om~d, H~g of nee~ ~way md mtemecgO~ mprovements for
ancl~on into-~e Me~o~r~ PI~me' 0~m~non Fxve: Ye~
~po~a~on lmprovemeng Pm-~
S~Szeqxent tff P!~x x~a~:~; ~e' Ci~: sh~l continue t0 p~icipate ~ ~e
Palm Beach Co~-T0e~e~ ~oor~a~g ComRee: ,~
The Ci~ ShM1 eonfinu, m~ntMn ~tive ~d positive relafionsMps wi~
the Florida Dep~em of y~Spo~afio~ P~ Beach Co~, adjacent
m~cip~ities; ~d o~ 'r~Ie~tp~biic md: Pd4~ie entities in order to
supp0a md engage ~ coo~e ~ng 0~mpo~afion ~provements.
assist C:Tran
Palm T~an i~ on existing
also provide local mass
tran~t ~ansR usem.
~e City ~1 ~uppoa ~e:~it shel!e~ ~d te~in~deyelopment programs
of CzTm=~alm Tr~. ~ ~}~O~s~ ~gh S~ee~ R~I P?oject =d of the Tri
Cc--..~ ............. n-~l Aut~on..
City of Boynton Beach
EAR-based Comprehensive Plan
Amendment~
2-8
Date: June 6, 2000
................... Tmnsportanon Element
Policy 2.11.2
Policy 2.11.3
Policy 2.11.4
..... ,~ .............. v-~v-, The C~ty shall continue to modify a~nd enforce
-!and d::':!c~mcnt regulations ro encourage the provision of transit related
shelters in major land development projects
........................ Reserved.
The City will continue to assist C~'r--n Palm Tr '
..... an in route selection and
publicity by reviewing and commenting on proposed route revisions and
providing space at City offices ['or r-~q-~._ · .
...... Palm Tran schedule mformanon.
City of Boynton Beach
EAR-based Comprehensive Plan
Amendments
2-9
Date: June 6. 2000
Transportation Element
Goal 37t
Objective 3A.I
Policy 3A. 1.1
Policy 3A. 1.2
Policy 3A. 1.3
Policy 3A. 1.4
Objective 3A.2
City of,Boynton Beach
Utilities Element
Goals, Objectives, and Policies
The City of Boynton Beach v,5!! ahalt secure adequate capacity for
treatment and disposal of wastewater, install, and: maintain adequate
~astewate~ collectiog an~ ,~ _artsmissi0~.facilities, take steps to minimize
wastewater flows; and:'maintain SUfficient and equ[tabie fmancing to
provide services for the sanitar7 se~er'system's customers.
Adequate Treatment and Disposal Capacity. Under the auspices of the
interlocal agreement, the City of Boynton Beach will seek to secure
reserve capacity at the South Centrat Regional Wastewater Treatment
and Disposal Facilities fleqUate to eliminate existing
deficiencies and to serw needs through bnildout. Build-out
flows are estimated robe million gallons per day, ~measured on a
MMDF basis.
A~gF-: z The City shall maintain the adopted Level of Service Standard
based on the provision of ~service vf fi: xS!izy, futuro
servic: wi!! b: pr:;'i~:~ at a level equal to at least 90 gallons per capixa
per day maximum month average daily flow for peak population.
The City will continue to coordinate and renegotiate the existing
agreement with the South Central Regional Wastewater Treatment and
Disposal Board to secure wastewater treatment and disposal capacity equal
to the flows estimated in the City's wastewater master plan every 5-years,
or as often as necessary.
gtThe City shall permit development with individual septic tanks shag
only l~-l~mie,~in areas not served by City sewer for clensities of 1
dwelling unit per acre or less.
The City :':.:!! shall continue to participate in and support the State's policy
to eliminate the discharge of inadequately treated wastewater and
stormwater runoff into the waters of the state.
Adequate and Efficient Collection and Transmission Facilities. The
City Of Boynto~t Beach will provide collection and transmission
services' to residential and non-residential customers, both inside and
City of Boynton Beach
EAR-based Comprehensive Plan
Amendments
3-1 Date: June 6, 2000
Utilities Etemenr
Policy 3A.2. i
Policy 3A.2.2
Policy 3A.2.3
Policy 3A.2.4
Policy 3A.2.5
Objective 3A.3
Policy 3A.3.1
Policy 3A.3.2
outside the City limits, adequate to meet flows projected in the City's
wastewater master plan.
The City shall size new N~-c011ection and transrmssion facilities wi!! bz
z:.zzg t6 me~t buildout Conditions, ~and include known redevelopment
plans.
AThe City will implement pn annual maintenance program that ~vill
identify and prioritize system needs for renewal, replacement, and
betterment. Capital improvements considered necessary to maintain the
system in good working condition ~vill be made on a timely basis.
A-The CiW sh~l update the master plan_ for facility expansion ':.'il! bc
ur, ..... on an annual basis based upon de~zelopment and ~rowth. and
~hat--n~w-The C~tv sh~lI require that approved new developments will ~
~instalI sew&r lines according to City specifications in order to
receive development approval. The new lines will, in most cases, be
deeded to the City.
........ x The C~ty shall continue to require that new development will pay
for its fair share of existing or plannedt capital facilities through a
connection charge system.
Minimize Wastewater Influent and the Disposal of Effluent. The City
of Boynton Beae.h. Will Minimize Wastewater influent resulting from
infiRrati~n and infloW;': and wilt conserve potable water by utilizing
effluent Wher~ possible.
Adcpt z The City shMl maintain the Level of Service Standard bazzd on
cu~:nt ?)c!z cfz~.~.dcZ for the existing water and wastewater service area.
The, ~kc .*LSDF average annual daily flow of wasmwater delivered for
treatment tb the South Central Wastewater Treatment Plant wilt nor
exceed 70% ~f the A)~DF average armual daily flow of treated
water leaving the City's water treatment plant, adjusted for service area
differences.
~The City shall make biennial estimates of infiltration and milo .........
~y to determine rates and locations. Where economically
feasible, system improvements will be made to reduce these levels,
CiVd of Boynton Beach
EAR-based Comprehensive Plan
Amendments
3-2 Date: June 6. 2000
Utilities Element
Policy 3A.3.3
Objective 3A.4
The,City wf!! shall continue to seek opportunities within the City limits to
use treated wastewater effluent for irrigation purposes.
Cit~' of
Policy 3A~4.1
Policy 3A.4.2
Policy 3A.4.3
Objective 3A.5
Policy 3A.5.1
Policy 3A.512
Policy 3A.5.3
suchl
The~Ci6[ sh~l ope~t~? the sanifary sewer system ~as an
~,--~-.e~-~ .... :r/terp, r~ speh fl Sbt al~ costs will be borne by utihty
cusmmemi and riv~g. ~es,: ~ b~ ll,sed f0~the benefit Of those, customers
The m~? ~ehe ~' ~3~' ~s_~W~,II be based on, public
The City shall req,~re*th~ 2~t~ for :t~he, ex.t .~.sion of service to new
customers mil b~,;~iSxe~)~i;~{~:¢t .~. um ~extent ,possible by these new
customers througti-a;eap [aqg C system.
The C~ty shall es al~hsl~ ~ reserve fund for r utme system renewal and
replacement ...... o~e mm~mins(~ht a le~e[ equ~ to 120~ t~c-~t-of the
previous Year',s e>~i~-[e~r,~e 17 ,~ ,0~es,,~gr at the'level required by
bond covenants, whichever m gEEater
Prevention of ~rban sprawl by
The Cxtv war en~o~e ~i~ii d~veloprnent and redevelovment
~nly in ~rea~ :p,r~t!7 :~se~ed ~adEquately by sanitary sewer
facilities.
The City will extend sanitary sewer .facilities vA!! :n!y ~:
thr0ugtt the servic~ area'"ir/a sYStethati¢ fa§hlon. Services will not be
e~x?nded outside the Cit'z ~cipal limits uv to two miles, as needed, in
oi'der to provide urban servmes Within the C~ty s franchise area.
The CiW will discourage urban sprawl -xq!! be dizzcxrag:~ by requiring all
~new development to pay the full cost o~' e×tending sanitary sewer
facilities, Thus, the de~10pm~nt !of }em0te'parts!of the service area Will be
more expenSive than compact development.
city of Boynton Beach
EAR-based Comprehensive Plan
Amendments
Date: June 6, 2000
Utilities Element
Objective 3A.6
Policy 3A.6. i
A-The program t/~ elfmiii~itt~eXisting deficiencies ~
according to the schedule presented ,in the Capital Improvements
Element shall be maintained.
The City shall establish gEriorities for rep. Lacemenr, correcting existing
deiCicienfiies, and providing for future needs mill to_be made according to
need. The need shah be determined by the Utilities Department through a
master planning process. The pri0rities, shall be reflected in the Capital
Improvements, Element suCh that the improvements needed first shall be
implemented first,._ Issues related to-public health shall receive first
priority, issues related to providing the ~+~-~ '
...... adopted level of service
shall receiye .second priority, and all other issue~ shall be implemented-as
fieeded t~ keep the S~stem~;pe;ati~nati})~ffi~i~t~
Goal 3B
Objective 3B.1
ohcy oB.l.1
Pohcy ~ B. 1.2
Policy 3B. t .3
The Ci~ of Boynton Beach will secure, maintain; and finance adequate
s~orrd~eri~inage facilities to provide.Protection from flooding, to
preve~t:~¢gradation (~f the~ quality of receiving waters, and to meet the
requiremehts 0f designated land uses.
Adequate Facilities. The City of Boynton' Beach will continue .*o
require and enforce standards of the South Florida Water
Manage~en~ District and the Lake Worth Drainage District such that
suffic[eni siormwater drainage facil--'-~es to existing
deficiencies, m~im~e damage to public and private prope~, protect
surface ~d ~0undwater quali~ and qu~fiW, and meet future needs
are constructed and mainta~ed in ,the CiW limits. Thc fa:il/tic:
Adot~T~h.e City shall enforce the ad6pted a--Level of Service Standard for
drainage facilities requiring ~esi~ns for a 3-year ~Agn-storm for
a-the duration of the time of concentration for of.~e watershed.
The Citv~ shall construct tgnew stormwater drainage facilities '.:5!! b:
.......... d to ehn-unate deficiencies in the existing system if they become
necessary; Facilities and projects needed ~will be specified in the drainage
masre[ plan.
c,.~, ......... x m~, --~ ..... , ....... ~ .... The. City shall continue To
enforce the land developmant regulations ~z Frz:'idz *.hat a!! ~,:~zrz !and
....... y'~ .................... r ........................ requiring ~e
City of Boynton Beach
EAR-based Comprehensive
Amendments
3-4 Date: June 6. 2000
Plan Utilkies Element
provision of adequate stormwater drainage facilities in all land use and_
zonine decisions.
Pohcy
All new development must meet South Florida Water M~
~stnct~ nd Lake 7vv6i~h D~Dtstnct:. or Ctty of Bo ton Beach
-reqUirements' foridraimagef~/cllifies; WhiChever is more stringent.
~irst ,floor flooding will be minimi~d by"tequiring that flint floor
elevatl°n~ b~ ~e~,a:t; or abt~}!th&~e¢~ //f the I00 Year Flood
Elevati0m ~
master plan
issues.
and management
Policy 3B.1.5
Policy 3B.1.6
Policy 3B. 1.7
The GiW shall consider that D~lr_ ainag~ problems that cause street flooding,
f~s~ rio'or structure floO, ding, or trat'fi~ hazards will'be priority projects and
will: be cOrrectedfis §0on as funds~,_zb~Come available.
TheCiW-shall notc0nsider hr_nuisance flooding ' : -:: c: : asa
priority' drainage problerm
The CiW shall continue to provide ~ regular program of street cleaning
Policy 3B. 1.8
The City shall Continue tO clean t~4_misceHaneous facilities such as open
ditches ~:?:.!! 5e *le~'on an as needed basis.
Policy 3B. 1.9
Drainage facilities owned by the South Florida Water Management
D~ Lake WorthD~Distdet, Flori_da_ .Department Oo__f
Transportation. or Palm Beach Ce°unty that are in the City :hcx!~ shall
continue to be maintained by the entity that owns them. The City will
inform and cooperate with these entities as they repair or maintain their
structures in the City. Needs related to these facilities will be determined
[n the drainage master plan.
Policy 3B.I.10 The City shall conSider gIiriorities for r6placement, correcting existing
deficiencies, and providing for future needs wi!! ~: .'r. a2: according to
City of Boynton Beach 3-5 Date: June 6, 2000
EAR-based Comprehensive PIaa Utilities Element
Amendments
Policy 3B.l.I 1
need. The need shall be determined by the City through a drainage master
planning process. The priorities shall be reflected in the C~
[mprovments EI.ement such that the improvements of highest priority and
~shail be implemented first, in o/'der to provide for public
health and safety, the ~/dopted level of service, and operational efficiency
..... · ' .......... ~ v .................... ~ ............. !991 City
shall continue to ...... - .... nnd *o+,~.
............................. ~mplemen ....... the
strategies of the drainage master plan.
Objective 3B.2
Protect Receiving Waters. The City of Boynton Beach ~viil protect the
quality and quantity of surface wa~6r and groundwater from direct
discharges of stormwater runoff.
Policy 3B.2.1
Policy 3B.2.2
devel0~ent r~giiIations requiring water, qualky criteria for drainage
disfihar~e set by the Sofith Florida Watei M~miigement District and Lake
Worth Dralnag~ Distrifit~
, -v~.~r,--:te The City shall continue to man ,tor ItS drainage charge system
fee, to ensure that nexv'approved developmenLwilt pay its .fair share of
existing or planned capital facilities in accordance with the Dralna~e
Policy 3B.2.3
~-~>¥--- .... , .... ~r ..... , ,-,~-~ The City shall continue to
enforce the land develdpment regulations sc ~at requiring that rainwater
"~' mnmzed by ..~ .... ~ ....~ ........... m~a m~lmlzmg
Nfit~aion by percolation into grassy swales, medi~s, golf co~ses,.
1~4~ ~e~, nineties, p~ks, la~s, eKcetera. The use qf so~ing pits
be~ im~niO~ s~aCes such ~ paved p~hg lots ~11 ae min~ized.
At ie i ~ first fldsh ~11 be req~ed to p~s t~ough a ~assy ~ea if
po~iiBie.
Policy 3B.2.4
Policy 3B.2.5
city of Boynton Beach
EAR-based Comprehensive Plan
Amendments
E::f:[~at!cn The City shall continue to enforce the land development
reg~lafi0ns requiring exfiltration drains will be used to alleviate small
draihage problems in currently developed areas whenever possible.
~r~-t ........... -~v ............. ~ th~ The City shall continue to
enforce the land deve~ooment re~ulations sO reouiHn~, that ~11 noxat
development plans mu~t ~ave appro~val or letter o~;'x-~'~n~pti-~' fr-g~m"~h'~
South Florida Water Management District and Lake Worth Drainage
District.
3-6 Date: June 6. 2000
Utilities Element
Policy 3B.2.6
Policy 3B.2.7 ' '
~--t-~--~e"~' ....... * ~.v .m~-.~. --vr~.v..,~'~*;^- mod:.~' tk: The CiW shall continue to
enforce the land development regulations so requiring that all new
devetopment wi!l have approved derailed construction plans that include
dr~finage ~ilities ~d identify ~11 n~arb~ h~eas 0f grounc/water recharge.
...... .,~, .... The C~tv shall continue to. enforce, the. land development
~egutati0fi* requirin~ thdt r~desima~d EndPrb:~sedinlets,'catctibasins, and
drainage eontr61 s~C~tes Shali include s~diment settling basins that can
Policy 3B.2.8
land development
developments
of Chapter '4--7-62-25,
Policy 3B.2.9
Policy 3 B .2.10
Objective 3B.3 Prevention
land development
of
where possible~
enforcethe laiid ~levelopmenr regulations
shall not exceed
rdll be
by existing drainage
Policy 3B.3.1
Objective 3B.4
....................... , ....... ; Th Ctv shlt onttnue to
enforce the land develbpment regulatmns mm~:tmmng a drmnage charge
ivst~m ~6 that ~ deveiopmeflt 'VAil pay foi;~i~ ~ir share of existing or
planned capital facilities ~:ugk ~ Drz/n~/g: CkL~g: :yzt:min accordance
with the Drainage Master Plan.
Land Development Code.. By !999~ the stormwater drainage
regulations contained in the City's lhnd' development code shall
provide for protection of the City's natural drainage features, which
are the ~ and Lake Worth;
and stormwater
cornI the City's drainage
City of Boynton Beach
EAR-based Comprehensive Plan
Amendments
3-7 Date: )'une 6, 2000
Utilities Element
Policy 3B.4.1
City. shall continue to enforce the land development reeulations
c:~h~-msm~-r_equiri~ff that new developments ~manage
runoff from a three day 25 year storm.
Potable Water Sub-Elemen~
Goal 3C
The City shall of Ez.Vntzn Ezz. zh ::511 secure and maintain adequate
potable water treatment and distribution facilities, take steps to minimize
increases in demands, and maintain sufficient and equitable financing
measures to provide services to potable water system customers
Policy 3 C. 1.1
Policy 3C.1.2
Policy 3C. 1.3
Policy 3C. 1.4
Policy 3C. 1.5
Policy 3C.1.6
will treatment. Capabilities sufficient to
meet water r existing needs and through buildout.
Buildout needs are estimated go be 36 32 mg~ measured in terms of
maximum daily flow.
.... t-* ~ ~The City shall continue to mmntam tl'/e Level of Service standard
................ ~ ............ 200 g ~ ..... m~mum ~fly flow
per capRa ofpe~ population for water supply ~d trea~ent.
The CRv shall continue~to_ maintain the P~r_aw water supply production
capacity to ~¢x~_eet maximum day demands with the largest operating well
out of service~.
The City shall ;;5!! acqUire water treatment facilities that produce potable
water 6f sufficient quality to meet all applicable Federal and State
regulatory requirements
The City shalI ensure that the capacity of the treatment facilities will be
sufficient m provide the standard level of service m the estimated peak
population with the system's largest unit process out of service. (A unit
process is atechnical term for a functional set of eqmpment in the plant.)
The City shall require that t~_new water treatment facilities will be sized to
meet buildout potable water demands, estimated to be 36 32 mgd,
max:imm day flOW.
The City shall require that Atoll new and existing structures :ka!! be
r-eguir-~/-m-connect.~o public, regional, or municipal water and wastewater
systems when such systems become available.
Cicy of Boynton Beach
EAR-based Comprehensive Plan
Amendments
3-8
Date: June 6. 2000
Utilities Element
Policy 3C. 1.7
Policy 3C.1:8 .
Policy 3C. 1.9
Policy 3C. 1.t0
Objective 3C.2
t~alem~The City shall permit new development with individual
private wells ..... only ~ ~ ............................. n ur.' nc"
~ tn areas not served by public water on lots of more than one
acre,
The City shall require'that A_all City owned water supply-wells irt the
B0ynton Beach service area Shall be metered,
The Ci{y shall permit tgno activity,ah,z!! b~ r~:,"~2~:d that would result in
the degradation mr o/ier:ufitizafion:of~p0table water resources.
Protection
, The City:of Boynton
potable water customers
in the City's water
Policy 3C.2.1
Policy 3C.2.2
Policy 3C.2.3
Policy 3C.2.4
Policy 3C.2.5
Objective 3C.3
The City will imnlement ~e capital improvements described, in the water
master plan--.-
The City shall continue to, develop ~ annual maintenance program
which_will identify, al!d;priorifize'sy~tem needs for renewal, replacement,
andl betterment, CaPitgt impro~veme~ts considered necessary to maintain
the system in good working condition will be made on a timely basis,
The City shat1 ensure that ~new d!s~bution facilities will be sized to meet
buildout conditions, including redevelopment.
_~ ,~s'~The Ci~ shall continue to update and implement the master plan
for facility expansion wi!! b: u~d~t~~- ~n~ ~mrA:.'..:nt:~ at.~_~.~ .......... ~.~.~ ~
yaar:as needed based upon development .and pro iected ~rowth.
By 2005, the City shall replace ,gsub~standard water lines in the area east
of interstate 95 and south of the Boynton Canal '.','il! ~c -~ ~-" ~ oo¢
Water Conservation. Th~ City !of Boyn£on Beach will ~:~
:n:. _ ~, ......................... continue to consider options to
City of Boynton Beach
EAR-based Comprehensive Plan
Amendments
3-9 Date: June 6.2000
Utilities Element
Policy 3C.3. I
Policy 3C.3.2
Policy 3C.3.3
Policy 3C.3.4
Policy 3C.3.5
Policy 3C.3.6
Policy 3C.3.7
Objective 3C.4
Policy 3 C.4.1
implement water~.~bfigerva~i~h.~t6h as rate structures, aquifer stora~,
and recover~, e([Ucation and rense.~
The City shall continue to annually advise J~g_water users in Boynton
Beach ,,,m
............ :~,- x.m':um~y, during the dry season, to reduce potable
water usage for landscape irrigation, and to properly time imgation
activities.
The City shall continue to utilize ~-a water system rate schedule v.5!! bc
........... :l to discourage excessive water use. Conservation uall be further
encouraged by using potable water flows in the development of sanitary
sewer charges.
The City ,Mil shall continue to enforce the Water Shortage Ordinance
when necessary.
The City will shall continue ro encourage uses of non-potable water,
including groundwater and treated wastewater effluent, for landscape
irrigation where possible. (See Policy 3A.3.3).
The City wi!! shall continue to encourage xeriscap~ng and native
vegetation for landscaping, and where possible, will impose minimum
requirements on new developments.
The City shall continue to enconm~a the ~_se of water saving devices.
irrigation systems, and plumbing fixtures ~mll-l~-~-in the City's
service area.
x.Vatzr The City shall continue water use allocation for emergency drought
s¢.~2! to avoid irreversible impact on ecological systems and minimize long
term adverse impacts on all sectors in accordance with the South Florida
Water Management District emergency drought plan.
Equitable Financing of System Improvements and Operations. The
City of Boynton Beach will fund. potable water system capital
improvements, replacement and rehabilitation, and operation and
maintenance costs such that costs are borne by system customers on
the basis of the cost-of-service.
The City shall continue ro operate the potable water system w!!! b,
epe~x-ted-as an i~nterprise, such that all costs will be borne by
water utility customers, and revenues will be used for the benefit of those
customers. The rate schedule for water services will be based on public
utility cost-of-service principles.
City. of Boynton Beach
EAR-based Comprehensive Plan
Amendments
3-I0 Date: June 6. 2000
Utilities Element
Policy 3C.4.2
Policy 3C.4.3
Policy 3C.4.4
Objective 3C.5
Policy 3C.5.1
Policy 3C.5.2
Policy 3C.5.3
Objective 3C.6
Policy 3C~6.1
The City shall continue to require that Gc_osts for the extension of service
to new customers will be borne to the maximum extent possible by those
new customers through a connection charge system.
The City shall continue to maintMn Aa reserve fund for rou'
- une system
renewal and replacement wi!! ~: ma~n~Xe~ at a level equal to 120 p~rcent
of the prevmus year's'expenditures roi' these pum~ oses, or at the level
required by bond covenants, whichever is greater. Renewal, replacement
and improvement account requirement sttall mean an amount equal to si:<
percent of the r~venue for, the proceedi~ fiscal year or such ~reater or
lesser, amountSi~ as rtna¥-be armuatl¥ recommended by the. consulfim,
engiheer.
The City shall continue to reqnire that /4new developments _~n ~.~
r:qmrca- to install water lines according to City specifications in order to
recaLlS,development approval~ The new lines ~vill in most cases be deeded
to the city.
Prevention of Urban Sprawl. The City Will e0ntinue to prevent urban
sprawl by requiring orderly, compact development of the potable
~vatar service area as it approaches buildout.
The CiW shall continue to encourage ~ntilt
rede%'elopment · ; ~,- ._ray in areas
adequately by potable water facilities.
development and
presently served
The City shall orav extend gIlotable water facilities ~m45~m~xq~,4
through the service area in a systematic fashion, sServices will not be
extended more than' 1/2 two miles for ~ ~:~'~ ~-,~ ......
, _ - .... ~, ........~ ....... :o ensure
servie, within the fi:anchise area.
The City shall continue to discourage kturban_ Ss_prawl
by req~r~ng new development to pay the full cost of extending potable
water~ fac~liliesz Thu.% the development of remote parts of the service area
will be more expensive than compact development.
A--The City shall continue to implement a program to eliminate
x ng deficlenc~es ...... - ~ accordln
.... r ........... g to the schedule
presented in th~ Capital Improvements Element.
.......... The C~ty shall continue to make ,priorities for replacement,
correcting existing defictencies, and providing tbr future needs ,,,;"
.... ~ accordmg to nee& The need shall be c~etermmed by the Utd~t~es
Department through a master planrang process. The priorities shall be
reflected in the Capital Improvements Element such that the improvements
city of Boynton Beach
EAR-based Comprehensive
Amendments
3-11 Date: June 6. 2000
Plan Utilities Element
needed first shall be implemented first, ~ order to provide the standard
level of service.
Natural Groundwater Aquifer Recharge Sub-Element
the funcfions of
Policy 3D. 1.t
ProteCt
Boynton Beach
prime natural
having the greatest
be
conservation areas in the
Policy 3D. 1.3
Policy 3D. 1.4
Policy 3D.1.5
Policy 3 D. 1.6
tppropriate
local
that
The City will mnfin~tO:~eq~ ~3v~rpimx_ent~xSew of hazardous waste
generators prior to [ssmce ~6f~oecupalional licmlses; and will extend this
The.C~ty shall ,ensure, t~where~possibte~ that ~ter management plans for
emergency flood s~l.o,~.~,?s,h,al~ ¢yq.id..~.;ey~$,~le impact on ecological
systems and mmumzelogg term adverse n-apa~ts on alt sectors.
The City shall im~.
of re~ofiffing, w~c~
m~gemem t~¢U~
Solid Waste Sub-Element
~er'ei,~ossi~l¢..:the'.i~teg}[ive impacts of existing
=~ exam ~{Ble t~ough enfo;cement
~°uld iflco~orate }appropriate water qu~iW
Goal 3E
The City of Boynton Beach will pr05'ide, at the local level, and support, a~
the County level, a~!i~fficien~ and er~viromeritally sound Solid Waste
Management system.
City of Boynton Beach
EAR-based Comprehensive Plan
Amendments
3-12 Date: June 6. 2000
Utilities Element
Objective 3E.1
At
a solid waste
feasible, and consistent with
accommodate the future needs of the City.
maintain
is both economically
Beach County and will
Policy 3EA. 1
A4op~The City. shall'~continue to maintain the adopted Ievel of service
standard for solid waste of 7.2: pounds per capita per day.
Objective 3E.2
The City shall continue to provide a solid waste collection and
delivery' system that is:consistent with~ policy of the Solid Waste
Authority..
Policy 3~.2.1
The City shall continue to provide a sOlid waste collection system that is
characteristic of the following:
- At Ieast bi-weekly residential collection of garbage,
Provision of a scheduled program of bulky trash collection,
o At least weekly collection of commercial waste,
Utilization of tarps fo~ completely covering trash loads,
Collection and disposal of vegetative debris consistem with the Palm
Beach County Solid Waste Management Plan.
Objective 3E.3
In order to maintain the adopted level of service standard, and in
suppor~ of the recyclingg0als of the Solid Waste Authority, the City
Ss_haH =.~.emp.* eonfinue.~o reduce thesolid waste stream of the City-bM
29°A ~y ~Pg~ by.exceeding the 30% recvcline ~ouL
Policy 3E.3.1
The City shall continue to assist the efforts of the Solid Waste Authority in
........ ,~ ......... ~'t ..... J ..... ~ prcgr~-'--: "~+~';~,...---. +~-.~ City
impIemenrin~ m~datow =ecvcIin~ proms ~ou~out ~e CiW, if found
fe~ible.
Pohcy 3m0.2
shall continue to stress participation in rec¥ctin~ pro,rams within C/ty
buildings for City employees.
Policy 3E.3.3
City of Boynton Beach
EAR-based Comprehensive Plan
Amendments
3-13 Date: June 6. 2000
Utilities Element
Policy' 3E.3.4
Policy 3E.3.5
Policy 3E.3.6
Policy 3E.3.7
Policy 3E.3.8
Policy 3E.3.9
Policy 3E.3.10
Policy 3E.3.11
City shall by the year 2002, evaluate :the current method of recordine
and/or monitorin~ the magnitude of local recycle effo.rts and initiate
improvements, if appropnate.
thereat,2002; ,the City shall,.devel0p.a method 'h~? whioh illegal dump sites
Will bfi prioritized f6r ciean up effbi'tS/
tmpr .............. ~-~o-~-~-Reserved-
Objective 3E.4
Policy 3E.4.1
Objective 3E.5
TheCity shall eontinue~.!o suppor~ the State and County-wide efforts
to improve and initiat6'~pnbli~ ~ducation, and involvement programs
that relate to litter ¢leagr~ ~ru~p~ household and small business hazardous
waste, etc.
Sx~F~rt, The City shall continue m support, and where possible participate
in, such State and County-wide: programs as Anmesty Day, S.T.O.P.,
"Cash For CansY, and Trash, a-thon. The City shall, at a minimum,
promote these events and programs.
In ~order to improve the appearance of the community, as well as to
support Solid Waste Authorit, v policy and recommendations, the Cit~
shall address the problem of illegal dumping and littering.
City Of Boynton Beach
EAR-based Comprehensive Plan
Amendments
3-14 Date: June 6. 2000
Utilities Element
Policy 3E.5.1
Policy 3E.5.2
Policy 3E.5.3
Objective 3E.6
-- q · ' -y- -' The City shall increase the number of abatemen~
clean up of illegally dumped waste on vacant lots after s~fficient notice
has been given to owner. The cost of this service, including tipping fee
charged at the transfer station, will continue to_be charged to the property
owner.
The City shall Ddevelop and ........ e tmvlement vnth the assistance of
Solid Waste AWthoritv an annual City-wide litter clean-up program by
19912002.
The City shall continue ,tO participate'with ~the Solid Waste Anthnrity
usln~ 'the rep°rt it sah'~its re~ding Waste stream impr0vemems
ille~al dumpsites.
Policy 3E.6. I
Objective 3E.7
Policy 3E.7. I
Policy 3E.7.2
Prevention of Urban Sprawl. The C~ty ..... shall continue to
discourage urba,n sprawl and continue as a compact urban area by
not providing s ,er~ices beyond 1/2 mile of the existing urbanized areas.
The City shall continue to require that new approved development will pay
for its fair share of existing or plarmed capital facilities through a Solid
Waste Disposal Charge system.
The City' shall continue to provide services in such a way as to maintain
the City's compaci urban area:
City of Boynton Beach
EAR-based Comprehensive Plan
Amendments
3-15 Date: June 6, 2000
Utilities Element
City of Boynton'Beach
Conse :ry_ ation Element
Goals, Objectives and Policies
Goal 4:
Objective 4.1:
Policy 4. t. I:
Policy 4.1.2:
Policy 4.1.3:
Objective 4.2:
The devel?pmentand maintenance of a high quality natural environment
basdd on the preseryation, improvement and wise exploitation of local
existing natural resources.
Throu
meet or exceed minimum air
The City shall continue to support theair qUblity ~onitodng and pollution
cpntr01 pro~ams off,he ~Pal~ Beach C~oun-6f pg~!.~ H~altl~ UniL Division
of Erix?ironmental Science and Etigmeen~gAh' P~.l!htlon Control. .
The City shall cont~,ue to. support ar?wide ~ quality improvement
activitie~,'ifiClhding ~hlfda~;/;e]/iel~ ~P~cti6~'or emission ~ont~0t
The City shall continue, w~/~ith, the?.x)operati0n ~? the State, County and
regi0n~ r~ato~ aUtho~tids to require pollution
control. ~d~ices:: om all maj0t ~0in~ ~i*~c~ Of 'air pollution v~hich are
located within the City.
horizon, theCity shah maintain
e~ual*lo~ or better than existing
tppropriately use and
that flow into the
Policy 4.2.1:
Policy 4.2.2:
Policy 4.2.3:
Policy 4.2.4:
The C~ty shall continue to.p. ~C~pate miall areawide wellfield protection
and regulatorY activities.of Palm Beach County;
The City shall develo~ ~ pr0c~ure tO Stand.ardize the review of all local
users of potermal watex'contammants by the appropriate County or State
regulatorY agencies.
detcr~t:.cr,-st !,"'st *~e first :mc?. :f rz[r~! The City shall continue to
require sanitary sewer waste disposal as a condition of project and permit
approval and wat6r service.
City of Boynton Beach
EAR-based Comprehensive Ptaa
Amendments
Date: ,June 6, 2000
Conservation Element
Policy 4,.2.5:
Policy 4.2.6:
Pc!icy !.2.7:
Pa!!:y C2.S:
Pa!'.'::,' a..2.9:
shall continue to reqaire sanitary sewer wastewater collection _as n
condition for the ...... ; .
prowslon o~ potable water customer servme.
':-~ ~=q~ ;. /:':' -.The City shall continue to review an& where
r~ecessary; require emdronmental ~eview an~t approval of occupation. I
licenses for those bUSinesses categorized as users of potential groundwater
contaminants.
e-~ty shall continue to enforce land development
re~y]~ns/to he cbnSistent :with the requirements 6f the Treasure Coast
Regi°hal Plannin~, Council relative to the r/iah,~ement 6~ hazardo s
wastes to protect .natural resources by submitting each~ ~roiect fo'r
ev~l~{~tm~lSg ;the Er/~i~ova'nei~mI Review~Comm~ttee::¢rior to permittin~-
4.2.!4:
City of Boynton Beach
EAR-based Comprehensive Plan
Amendments
4-2 Date: June 6. 2000
Conservation Element
P:E:y ~..2.15:
Obiective 4.3~
shall maintain a
Policy 4.3.3:
Policy 4.3.4:
Policy 4.3.5:
Watei'wa,
Policy 4.3.6:
Policy 4.3.7
City of Boynton Beach
EAR-based Comprehensive Plan
Amendments
substantial
: :least ~he first
Transportation
ponds.
dred~in~ program
the intent tq
~:~accumulat~en of sediments and
Date: June 6, 2000:
Conservation Element
Policy 4.3.8
The Cit¥%shalLeorit~tie:.-to,~e~ce, shbdixaslon regulations which requi~,
the charmelization. Of stormvC~tter runoff through vegetation prior to
entering a receiving water body.
Policy 4.3.9
Objective 4.~_:
The City ~hM1 continue to enforce land development regulations to protect
and i.c,~onserve th~ natural .fimctiom of existing soils, fisheries, floodplains,
wild~{fe h~bitats~, hak~ral reservations, canals, lakes, rivers, Wetlands,
estuaries, h~trb0rs, fr~sl~water beaches and shores and marine habitats.
To provide for theeontinued existence ofat least 75% of the acreage
occupied by "A" rated ecosystems sites through the long term plan
horizon},
Policy 4.2~_. 1:
TheCky shall, aatural resource areas
-qepicted inFigure 4 as environmentally sensitive sites. The City shall also
0pt t~e ConservalaonOyerla¥ of A .rate4 ecosystems sitesas part of
the FixtUre Land use Map of the ComprehenSive'Plea.
Policy ~..3.2:
Policy 4.-2-,4.2:
Th~ C~ty shall continue to~,provide the County ~h;updates to the City's
lnvento of sensitive ceos stema fo ..... ~ ~^~-'~'-*~+ ..... ~ .... ; ....
-~-v---.,-~,= ~--~ ...... ~ ..... and formal[y~request assistance and
financ{al support from state and_ County a~en~ ~ oreserve "A" rated
ecosystems sites in the ,City. The City sh~ ;cOntinue to, as routine
procedure, also :cn*::t nofif, f the County ~f development
proposals is-formally initiated on a-"A' rated sites_:.
Policy 4.3.5'1.3:
City of Boynton Beach
EAR-based Comprehensive Plan
Amendments
The City shall, Cc_ognizar~o;f prior~ developmenl: approvals or other vested
ric, ht~=...., .~,~*~'~ r',:.,,~..~ ~,,~'M' :ont/nue ~o require~ ·a detailed flora and fauna survey
o any A rated slte subject to a developmer~ proposal and any site
greate~ than 10 acres in s~e. The City sI~hi ;'feq~re preservation of a
rmmmum 25 ~ of all native plant commumtles which occur on an A
4-4 Date: June 6, 2000
Conservation Element
rated ecosystems sitev the specific location to be determined as a result of
the site survey. Habita~ shall be preserved with intact canopy, understory
and ground cover.
Policy ~..2.9~..4.5:
policies
Objective 4.4 4.5:
wetland vegetation
Policy 4.45_. I:
: vested
led flora
Based on
of
which occur on-site.
and ground
Policy 4.45.2:
City of Boynton Beach
EAR-based Comprehensive Plan
Amendments
~ s~UC¢ ~at ~[~prese~mmn of exlsung,
:;~s~n~ ~getated~sim ~ be prefe~ed over cut
~ eS. R~oval; ~d ~placement sh~l be
~~ ~a~ ,O,f,~em~ ~ees. ~h~l be enco~aaed, ~d
4J5 - Date: June 6, 2000
Conse~ation Elemen~
Policy 4.45.3:
removal :-mst ~be unavmdable ~lu~ ~t0 stte~lavout needs with replacement
qual to or,greater m s~ze and quality to that removed.
£'.:-bz:q~.:'znt tc P!mx adc~.dcn, t_The City .shall continue to enforce and,
where appropriate, improve upon existing subdivision or other
development ;regulations which~require shereline vegetation buffer strips,
restrict, the}.amount or location of site clearing, maintain natural drainage
flow's and~requirethe removalof on-site exotictree species.
Policy 4.4.-.$7.4.:
The City shall continue, J0~white discouraging clearzcutting prior to
development, +~ r,;,.. - .
....... ~ to enforce regulatmns that reqmre removal of exotic
tree species on sites being developed, particularly those sites containinc~
Sensitive ecosystems rated "A!', "B", or "C" ~'cuTM ~ ..... +;,,~*~ +~
Policy 4.d.65.5:
~.~-~ ............ ~.~ ..... , .~. The C~ty shall c~ontmue_ to enforce
mc~' ~e land develo15ment,regUlations m-that require native vegetation
species to satisfy at least 50% of all site landscaping requirements as a
condition of development or permit approval.
Objective
The City shall gontinue~y Jun: !~99, to the maximum extent feasible,
to preserve, conserve, appropria, tely use and protect fisheries, and
wildlife and marine habitats ~vhtch serve as habitat for endangered
and threatened plant anti animal species.
Policy 4 ~_. 1
.... ?~ .......... a~c n, me ~ The CiW shall continue to enforce
the land development regulations ~equlring a site survey for a
naturalareas identified in Figure 4 which are greater than 10 acres. In the
event that a site survey indicates the existence of a representative plant or
animal species designated:as endangeredor threatened on Federal, State or
Florida Committee on Rare and Endangered Plants and Animals lists, the
developer shall prepare a plan in consultation with the Florida r3a:_:
............ ~ .~ Ftsh-and Wddhfe Conservation Comm~ssmn and the U.S.
Fish and Wildlife service for protecting the resident population.
Preservation should be provided to the satisfaction of the City ~n
consultation.with the Federal and State agencies.
Ci~ of Boynmn Beach 4-6 Date: June6. 2000
EAR-b~ed Comprehensive PI~ Conservation Element
Amendments
Policy ~-.6.3 ~
Objective 4.6._7:
.......... ,~ ..... ;.,,~:~,:A_ ~e Ci"- shall ~ ~
monitor.the proeress of ~e L~e Wo~ Lagoon Estu~ Study. and
implement the modificmion of pl~ policies in accord~ce ~th relev~t
study findings related to m~atee protection.
;~e ~C~ shalt,req~re confinue~on~stencv of all policies ~d City
actions,:~vi~ ~e-~L~e~W~k,7~a~o0n ?E~ Study and :require ,¢ollcies
Whic~ m~y h~he~ ~ La~O~n~ S,~tUdy.
Policy 4.67_. i:
~olicy
of the Palm Beach
Policy 4.6,47.3:
Policy 4.6.5,7.4:
Policy 4.7.5
Policy 4.~..7..~.6:
the feasibility of
the South Florida
Water for
; and incorporate the
4-7 :q
emergency
requirements
City of Boynton Beach
EAR-based Comprehensive Plan
Amendments
of all required site
listings as a
to implement
with the
Date: June 6, 2000
Conservation Element
Objective 4.74j_:
The CRT shall continue to minimize the potential damage from
flooding and the loss of local soil resources.
Policy 4.:¢_8.1:
~-~--t-e"~' ........ ..... *~ .~a'~.--. adgpficn, :The_ City shalb continue to enforce
minimum finished floor flood elevation criteria as identified by the
Federal Flood Insurance Administration.
Policy 4.g_8.2:
~-.~ .............. ~ ......... The City shall continue to enforce local
drainage system requirements and flood control policies as specified in the
Drainage Sub-Eleraent of the Comprehensive Plan.
Policy 4.7.48.3:
The City shall support the timely maintenance of regional drainage system
features including sumcture repairs and replacement .and maintenance of
dredging of drainage canals by the responsible governing agency
Pz!;.zy ~..7.5:
Policy 4.7,68.4:
Su5szquent tc Pla.': z~cp.!en, mcd!~' tk, z The City shall continue to
enforceqand development regUlations such that during site clearing and
development preparation stages; ~z C:.~- zk~! rzq~r: :rosion control
fencing, soil mois2Mzing, :seeding, mulching~ and/or other best
management techniques m-must be performed b~ tile developer to control
soil erosion.
City of Boynton Beach
EAR-based Comprehensive Plan
Amendments
4-8 Date: June 6, 2000
Conservation Element
City Of Boynton Beach
Recreation & Open Space Element
Goals, Objectives and Policies
Goal 5
Objective 5.1
Provide adequate open space and recreational facilities and programs to meet
~he~ needs of present arui.~fumre residems, :[ucl.udin~ seasonal visitors, and
special :groups such as theeldertyth~' and handicapped.
The and increase access and recreational
and
planned, t the
Policy 5.1.1 ' ~.~n. '~ C$tyshull ~rovide ~de, quate',automobile parking and bike rack
~a~li~s ~thi~ ail pfirk~ ck/vdopefl~h~er the :ad0~ti0n!ofthis Plan.
Policy 5.1.2
Policy 5.1.3
B,~. the. Year· 2000~ the C~ty shall.: prowde~ parking and bike rack fac,hues
.-&i~hin~.ai[ e~i~ting neighborhood and district p~rks~ FaCilities shall be
~°~ni~ored as~ ~art of.th~ on-e0in~i:maintenance effort 'and deficiencies
e~recte~ within' 11~ moiiths. Private: sp6nS&ship of bike racks Will be
explored if Cit~ funding is inadequate.
~u ..................... ~- ~B 20152. the tyC~ shall, examine the extent of
.b~er~fr~¢ access within~!mghborhoo~.and d~i,.smct parks, and deficiencies
~ig be addresSed in a ~Plan t~hat se'tS~the phasing and funding, if n:ce:zx:T,
Policy 5.1.4
~,a, ....... ~ +~ m~- ~-*;~- *.The City shall ado]at .'r.:~!~' *.he land
development regulations to, require that all future, parks, and applicable
facilities, include barrier-free design for the handicapped to be retrofitted, if
funds are available, at a rote of three parks per year.
Policy 5.1.5
The City shall provide, contingent upon County assistance or support, the
.... ~o*~ ~ ":'~- ~;~:~: .... '~ ~+ "'~"~" ~'~- z shuttle service
Palm Tran .... r .......... ~- ..... r ................ ~ -~-
front
parks- -~¥ 2002. ~ ............. ; ................
for patrons of beach h,, ~ oae -r~ ~...~., ~. ~.~;~
Policy 5.1.6
. ~na~ 2002
By ..? , the City will provide additional access to the Intracoastal
Intr ..... Waterway._, ma: ............... = ................ = ......... ~ ~
City of Boynton Beach
EAR-based Comprehensive Plan
Amendments
5-1
Date: June 6. 2000
Recreation and. Open Space Elemen~
Objective 5.2
.......... t P ........ v ............ cons:stent v. Sth the Coastal
-'Z'i~."~--~ -: ; :
The City shall ensure additional public access to recreation sites by
providing parks and recreation facilities
p0pulati~n data and
Policy 5.2.1
The City gh~ll adopt the Level of.Service standard for x?~uu~.u..~,a 0.;4 ....
............................ D~strrct Parks of 2.5 acres per.
1,000 p~rsonS, (she Table.:31 of tt/e .
EAR). The. CRv shal'l consider the Level of
facilities set forth in Table 7 and
The level of service set forth in
: Settlement
* 1 per ! 7.509 15,000 persons.
* Beact~ t persons,
* Handball/Racq.. Courts - ~I per ~0,000 persons.
* ~iaY~o~dS - 1:~4;000 p~rs6flg,
* Prae ce .... Fields-l'per~_~19}600, ~ons,
ci~ of Boynton Beach
E~R-basedComprehensive PI~ Date: June 6. 2000
Recreation and Open Space Element
Amendments
* Combination Fields - 1 per 12,999 10,000 persons,
__ -* ShufflebOard C~urts- t ~er 2,750 2,500 pemons,
* Swimming Pools - 1 per 40,000 persons, and
* Tennis Courts - I per 2,000 persons.
level of service
existing
Pz!!zy 5.2.2
City of Boynton Beactt 4. ~5;3':r ~ ~,: i ' ' ' Date: June 6, 2000
EAR-based Comprehensiv= Plan Recreation and Open Space Element
Amendments
Objective 5.~3
space by public agencies and private enterprise, and specifically require
that future private, as *well as dedicated areas, are developed and
equipped tu beat minimum (e;g. size, facilities, access) equivalent of a
public neighborhood park.
Policy 5 ~;3_. I
S?bz;q:;~x~ tz P,zn adcEezn, tThe City shall, cont/nue,to enforce inz!u~c in
the- Subdi.~LSion~andil,v Platting Regulations ~that require that all
residenti~zd4velopments that exceed 100 dwelling units provide a 'private
recreation are~. unless however, public parks, are located within one-half mile
['ro~ the project,.which satisfies the 2.5 acre per 1000 ~'esidents/=4X~-level of
serVme standai~d.
Policy 5.~3.2
<,4. .......... 'm.- .~^~.:~_ tThe City shall continue to enforce pr-~,4de
specific:Cd~:efia within the Subdivision and Platting: Regulations that guide the
develgP!~en~?.-and facilitation of private park areas ~and/or private recreation
faciLi-tieSi~[/a~ are Useti to sati~ the requirements for receiving sot credit
t~ward tl~'~fibii~ park dedication requirement. The criteria shall require that
~e nee~s~~ ~e~idents:are met in accordance with s[andards contained in this
~e3u.enk ~;.smd? shall be cOnducted to determine ~t~ impact of this crite~a
espectal~rega/tding ~th¢ type: and size of ~marafies that can receive l~artia
~mpact fee credit.
Policy 5.8-3.3
Policy 5.~3.4
5.5.5
S~:b~eqx~¢t :z Plan a~cp."izn, t_The CiW sh~l cont~ue tq require~at ~1
re,dent,,Of a P~e~ Unit :Development project have access to at le~t a
poffion~the PN~te recreation ~eas provided; ~ess simiI~ public hcilities
~e loeated}~n a one-half mile w~ng ~smce. Such a requirement will
allow a 50% credit ag~nst the p~k ~pact fee.
Sxbzeqz_,~ ~z: ~!~x z~a~Jon, t~he CiW sh~t continue to req~re ~e
dedma~n of:s~orent l~d for a nm~borhood p~k s~te at ~e ume ~at the
following, prop~es ~e rezon~ or pla~ed for msidenfi~ use: Ymc!lwccd
~a~ pmpe~, S. Sca:r:a: Ec~cvm~, ~d ~e S~d Sea Mobile
Homes. ~ ~e ne~ for public p~k acreage is not indicated at the above
m~none8 t~e, a fee s~l subsUtute ~e dedication of l~d.
city of Boynton Beach
Eg/R-based Comprehensive Plan
Amendments
5-4
Date: June 6.2000
Recreation and Open Space Element
Pohcy 5 5.63.5-- ~ .... -t-~nr ......... r ..... , ....... ~ The Cty shall continue to enforce the
land development regulations requiring :c ixc!u~: :ritz.~a :uzh that whe.~ve~
F ....... , tk .... a ........ .~ .... the ded c ion of lakefront park sites ~n
residential deX*elopments. Such recreation areas adiacent to Water. should be
:cons~dered:aSminimum criteria forr~eei~t o~a5C~% credit: ~- - '
Policy 5.3.7
Policy for the
City of Boynmn Beafh
EAR-based Comprehensive Plan
Amendments
5~5
Date." June 6. 2000
Recreati/)t~:and Open Space Element
Policy 5.g.!
52.2
City of Boynton Beach
EAR-based'r Comprehensive Plan
Amendments
5-6
Date: June 6, 2000
Recreation and Open Space Element
Goal 6
Objective 6.1
City of Boynton BeaCh
HOusing Element
Goals, Objectives and Policies
The p~pviSion , of d~Cen~, safe, and saniMry; h.,o. qmng in suitable
'.fi~ighborhoo~} ~n~ron~ei~ts: at' a mng, e, ;f~'~st~ii.~d: varie¢ 0~ ~pes
necessa~ to m~ ihe t/eed~ 6fpreseni mac[, fiiture reiid~nts Of the City.
seet0r t~ provide ~.,5,n~ new
Policy 6.,1A
Policy 6.1.2
Policy 6.1.3
Policy 6.1.4
Objective 6.2
Policy 6.2.1
explore possible
i ~a~:housiTng ,proauc~on
;4~/commuini~ needs.
~e~ to build on
shall, encaurage~ p~s~pg~e~v .e~ ~lgcal,g0vemment; the private
sector, and the normrofk ~g¢~or m ~mprove the efficiency and expand th
capaciW of the,housing delivery system.
~,~-~ ~-~..~:~ l~4ei-ved
aIIC ............ ~.~
By the year ~00~2002: most substandard housing shall be eliminateds
lg 1~ ...... s ............ t,.' ........ a
............. : ........... r ..... , .......... v ........ ~ City qhMl
continue to increase code enforcement activities, through regular
. inspections of the homing stock in neighborhoods where code violations
are more prevalent, and institute special concentrated code enforcement
activities where warranted.
City of Boynton Beach
EAR-based Comprehensive Plan
Amendments
6-1
Date: June 6, 2000
Housing Element
Policy 6.2.2
Policy 6.2.3
Policy 6.2.4
Policy 6.2.5
Policy 6.2.6
Objective 6.3
Policy 6.3.1
Policy 6.3.2
..... -t ............. v ..... , .......... ~ ..... ::ro~ to ..... . City shall
continue to explore federal and state funding, ~and local public
funds, as funds become available, for the demolition or rehabilitation of
substandard housing.
..... '~ ........ ~t --~?w-, ........ ~' v'*~'~ .... The C~W shall adopt
procedures to minimize involuntary relocation by only the removing units
that .........
........... ~ ........ ~ ............................ pose an
immediate dangerto occupants, those, that are abandoned-,~--* ....... or
......................... atlon those costly to ,rehabilitate.
~ Cit~ sh~l ~o~id~sist~ce.~u~h ~Consoii~ted PI~ (CHAS)
~: ~*~::k ~mc~~''~
u rade th ' c '' ' ~-,~ ' .... ~:~
pa elf on~tio~ .l~oue~ ~a v,~ ,~ code enforcement
assist~ce, remov~g bbghting influences, ~d co~~ ~ating capit~ ~Wor
operating budget improvements in suc~ nei~fnoods wkh
attention given to o~ccupied dwellina ~ts.
..... ~ ........... ~ -~vv .... , -~,~ ..... v ..... ~-~ ............ The Cltv
sh~ continue to ~plesent the.Neighborhood S~ate~ ~ea PI~ ~ough
code en~rcement effoEs :for 1 Neighborhood Strategy
..... ~ ............ ~ ....., .................................. The
~11, ~ a demon~aion basis pro~ct, ex~ine~ ~h~ ~e of ~ed-~e (i.e.,
co~rcia md resiaenfi~) ~d other i~ovaive ~land use
tec~ques whi~ will address ~iapidated housina ~d yacht, ~d
s bs ~d~d loL, . .... ,. ~at ~t~ately ~11 reset ~n ~e removal of
subsm~d hous~g ~its ~ ~e NSA'Neighborhood Strategy ~rea.
By ~he year 2~n~2002~,.the City shall con~.'nue to implement a series of
housing programs ai~ed at providing a~dequate housing and housing
sites for the homeless, very-low, low arid moderate- income persons
~;'a!!aS!: to meet theh~ housing needs.
.............. ,- .............. v .......... The C will pursue,
throu~l~ GAP fmanck/g, ~e use of vacant lots in the Code
Enforcement Areas and .x.*S.~ ~:a: NeighbOrhood Strategic Areas as sites
for affordable infilt housing.
~e"~--~--~--... .......... .~ .m"-._. --~--~--,~a"'*;"" The City shall establish and implement
procedures to pursu~ federal and state ~and other sources of funding
earmarked for verg410w, low:~ and moderate-income housing. These
include:
city of Boynton Beach
EAR-based Comprehensive Plan
Amenamenrs
6-2 Date: June 6. 2000
Housing Element
o Community Development Block Grant;
Rental Rehabilitation;
Housing Spruce Up/Fix Up;
Neighborhood Impro~ementPrograms
P*Iicy 6.3,;2
and: implement
monies available for
the identification or creation of
it on
Policy 6.3.4
Policy 6.3.5
Policy 6.3.6
Housi~
ftmdin~
con~
~g~,~'~ ,~,~^-~-~ ......... The CJtv.ih~|! ~rn~lement the Local
g~,m~ce P~t~ou~ State s Homing Incenuve P~ne~h~p
wh~eB,:~:~,~wde mcen~ves-to the.,pfivate sector in the
ion O~0~}~Ie. ~ell~ng rots.
By the y , the City shall identify a source(s) and contribute
loc~.. ~its, ~ f/i~Iiogsm, ,., ,,g, (~/,, dedicated source of revenue). Such sources
coula,mclude. ' ::
· General fund m6~iies
Documentary ;ur~ax
· Tax-eXempt;b~
: , ,6~bgtions from corporatmns
· Commumty!D .~i~ent Block Grants (requires county agreement)
o Rental Retl{bi .itia~[on Loan Repayment (requires county agreement)
shalii c~.nL~., ucc, tO ug.,~the Palm Beach Housing Finance Authority as a
City of Boynton Beach
EAR-based Comprehensive Plan
Amendments
6-3
Date: Juno 6, 2000
Housing Element
funding source cf 5andz to assist very low, low~ and moderate-income
households.
Policy 6.3.7
..... ~ .............. ~, ............ , the The City shall continue to
modify and. enforce ~d-~~regulations to require public-
assisted homing to conform to the Future Land Use Plan.
Policy 6.3.8
~. ,L '4' ] - ' .The City shall Continue to establish and imnleme
nt
· procedures to require that ¢ublic-assisted 'housing not be located in a
manner ~hi~h ci'eates an 0ver-eoncen~ation of such uses in one particular
area.
Policy 6.3.9
.... ?~. ~ ............................ The Ci.j~ shall estabhsh_
and implement procedures to require that.public-assisted housing be
!ocat&~I: in. ~0se proximibf to employment centers, schools, recreationM
~acil~t~s, health Sei~ices. and transk stops to assure that the residents have
complete access to needed services,
Policy 6.3.10
Policy 6.3.11
....... ,= ~ ~*~ ................ ....... ~ ...............Rese~ed.
Ci~'~sh~[ establisk ,and implement proc~es..to locate public-assisted
hom~ amy from n~sm~es ~d h~ds. '
Policy 6.3.12
.... ~r--~.- ~- ..~,- .... = ............. The C~t¥. shall amend the zontn~
ordm~e m alto~ c~nstructton on nonconforming lots ff the result will be
the ?q~ision,otS~e!! designed and aff~r~r.b!~ ~eighborhood compatible
housin~~.
Policy 6.3.13
The CiW shall es, tablish a, prioriW for very4ow-income (i.e. personq
eamiri~:~less.~har~ ;50% ~f{he median housetxold income) elderly and
phys~ alt¥ challenged per, sorls m promdtng fimd~ng sources for affordable
awellln~ uhits,'
Policy 6.3.14
The CiW shal}~ coatig,ue !tc~ support the use Of Community Development
Block~ ~ant',~Sm~ ~or ~r6hhbilitation efforts in situations where it is
appropriate.
Objective 6.4
are
ci~ of Boynron Beach
EAR-based Comprehensive Plan
Amendments
Plan adoption, allow for adequate sites for mobile
tl~e City where single-family detached dwellings
Date: June 6. 2000
Housing Element
Policy 6.4.1
The City shall allow mobile homes in all areas of the City where
single-family detached ~wellings are permkted, subject to the zoning
regutatio~n~ and 0tfier code, i~uh:ements th~-~apply to other types of
single-family deta~ed dWellings,` ~ ,,~
ObjectiVe 6.5
Policy 6.5.1
meet
fac!!k!::
Policy 6.5.2
shall
other.
Policy 6.5.3
in all residential
: six or fewer
obtain a license with
Policy 6.5.4
City of Boynton Beach
EAR-based Comprehensive Plan
Amendments
6-5
reasonable
number of
Date:: June 6. 2000
Hot,sing Element
Policy 6.5.5
Policy 6.5.6
Policy 6.5.7
Objective 6.6
Policy 6.6. l
Policy 6.6.2
Policy 6.6.3
Objective 6.7
persons allowed in group homes in each residential zoning district, and the
minimum floor area per person, or maximum number of persons per room.
These standards shall be in accordance with Florida Statute 89.07_~ 9
for The City shall enforce the land develocmem regulations to ensure safe
nd convenient on-site desima of off-street parking for group homes with
more than six persons ~;" ~r'~- +^ -o~ .... +;- ....... +;^. ^c~,~,.~4 .... ;~
..... ~t .............. ~ ...... The City shall establish and. imvtement
procedui:es mconfinue to allow foster homes: for up to five children (both
natural and foster) in any dwelling, provided that the foster home is
superol-sod-by an adult who is a resident in the dwelling. A!!cw foster
grcu? homes as ccntaLned !nFlcrida Statute $9 372.
c,,~. .......... m~,, ~+;~ :ztab!ish ~. ..... are~ The City shall
continue to allow adult foster homes in desiCrmted zonin¢ districts.
.... :~,.-, ~,:+n e~ ~' ~ ~'~-;~ St -*utes. The City sh 11 oid
housin~ ~rograms which displace households. However, in the event
displacement occurs, benefits consistent with applicable state and
federal laws will be implemented through the following policies.
The City shall ~assure that reasonably located, standard housing at
affordable costs is available to persons displaced through public action,
prior to their displacement.
The City shall ~_ssist persons displaced by code enforcement activities.
with temporary relocation benefits and replacement housing, or down
payment or rental assistance, depending upon eligibility.
The City shall ~assure that the level of payments provided are sufficient
and meet local and state requiremems.
.................... :zet~on. e shall
continue to preserve housing identified as being historically
significant.
City_of Boynton Beach
EAR-based Comprehensive Plan
Amendments
6-6
Date: June 6. 2000
Housing Element
Policy 6,7.1
Rolicy 6.7.2
Policy 6.7.3..
Subz:quznt tc Plan a~ptlen, BY 2002, the City shall establish procedures
ro pursue~ with the Boymon Beach Historical Society, an educational
program stressing the City's history, and examples of historic housing._
consistent with Policies LIi. I0 and 1.11.11 in the Future Land Use
Elemen[~ -
· Su ...................... r. BT¢~2002, the C~tv shall establish procedures
~ ~0:,~pl~rge~nt~'~ar¥-,adv!s(~r~d.~d~gn~,co,m,~!_~e~ ~,~o, pro¥1de advice ~d
aShst~9~e ~% omef~:.,ma¢~g imprdvem~::,~g: units of ~ocat historical
inmrest conhs~ent;wi~ Pbiicie~ -i. 11.10 ~d 1 ,t 1,11 in the Future Land
The .Cky; s~ ~date ~uagv:~e.official Historic Site
Smwey ~nducted in ~t 996. ~
Objective 6.8
thr,~u~k, Code enforcement efforts, will continue to improve the
quality of neighborK6od~ i~V eonsen'ing the exifin~ housine stock.
Policy 6.8.1
~o;,;.]-.;.~2.+ , r,~..~.~d+;~.~ Th~ Citv shall condhct a nerformance
evaluation Of exisiin~ regulations...on the ·care , and maintenance of
res{dential pi:operties, lnclsdini lards and swales. Revisions to the Code
shall:be made as necessary.
Policy 6.8.2
Policy 6.8.3
cominue its effo~s in ~e Co~iW Development Block .Gr~t T~ger
Areas ~d ~~[~gr~ activities in a timely ma~er.
Pro'ams shalI include, bm not he limited to, ~ose discussed in Ob}ective
6:3 a~ ks co~espondih~ ~01icies,
.... ~ ..................... The City. throuah
GAP financing, shall encourage mdwldual home ownership. Furthermore.
ro increase private reinvestment in housings: b5 ..... :~:_. :~r .... :~-
technical assistance programs, and financial assistance and incentives shall
city of Boynron Beach 6-'7
EAR-based Comprehensive Plan
Amendments
Date: June 6. 2000
Housing Elemenr
Policy 6.8.5
Policy 6.8.6
Policy 6.8.7
Policy 6.8.8
Policy 6.8.9
Policy 6.6.10
Objective 6.9
Policy 6.9.1
Policy 6.9.2
be pro ~ded throngh?~vorkSho~ps, aoaduct~d bv len&ng institutions and
commun~W.D~veIopment Cor00~afi0ns..
continue intensive and concentrated code enforcement efforts in the Code
Enfsrcement A~eas and the'Neighb0rhoo~t iStrategy Areas. Implementation
bf this Policy. shall be consistent with Policies 6.2.5 and 6.3.1 in this
Element.
............................... rig. The CiW shall establish procedures to
schedule and concentrate public infrastructure, supporting facilities, and
service~ to upm'ade the quaiit~ oE existing 'neighborhoods, as discussed in
ChaVtet VL NeighborhOod Stabilization EffOrts
........ -~ ....~-~ ~.a .....; ..... Th C' h 11 pl 'd fund' g
~ .................................. e ltv s a ex ore outsl e in
sources to ensure the availability of social, educational, and recreational
services to very: tow, Iow and moderate i2come households. Furthermore,
the CiW shall conduct an annual appraisal of fandin~ sources and services
to ensure cost effectiveness.
.................................... = .......... = ................. The
City shall give priority to the rehabilitation of housing structures to retain
the existing housing stock, as funds become available.
..... -t .............. ~- ................ ~- ......... The shall
encourage private financial support ^~ *~-* e. .... ;-~ "r ~'~"~ cfforts
through the leveraging of resources to assist in the rehabilitation of
housing.
Przmctz The City shall promote home ownership within existing
neighborhoods with special attention to infill areas.
Adequate measures should be taken by !99~ 2005 to address the
housing problems of persons with special needs.
~ ........... cc. ~r~'~".-. -~-*~--,~+;^- zztab!izk Frazed'~rcz The City shall
continue to inventory sites, including publicly owned buildings, which
could serve as sites for elderly/handicapped housing.
City of Boynton Beach
EAR-based Comprehensive Plan
Amendments
6-8
Date: June 6. 2000
Housing Element
Policy 6.9.3
Policy 6.9.4
Policy 6.9.5
Po~icy:6~9.6
~TI~e C~tv 'sh~ll~.thmu~h locat' funding agcI technical assistances_--as
........~, ~ontmue, to support tt/e social service, assistance p grro ams
pr6vided to~lderl~ ~d fi~dic~pp~d persons. : - -
_The City shall ,~-W~rk to ~sta, blish ~ PUb[ic[pr!vate'~partnership which can
could build uni¢'£o~: elderly and. handical3ped persohs,
hysical
city of Boynton Beach
EAR-based Comprehensive Plan
Amendments
6-9 Date: June 6. 2000
Housing Element
Goal 7
Objective 7.1
Coastal Management Element
Goals, Objectives, and Policies
To develop and maintain the Coastal Management area m a manner which
protects human life, limits public expenditures in areas subject to destruction
by natural disasters wbile preserving beach, shoreline, marine, wildlife, and
recreational resources.
~y~ Ju=: :~9<"9, The Ci~ shall continue :to enforce all applicable local,
statei 'ai~d. federal coastal environmenfa[ regulallons whae providing for
Policy 7.1.1
Policy 7.1.2
Policy 7.1.3
Policy 7.1.4
Policy 7.1.5
Objective 7.2
Policy 7 2 I
~-~n,~-ee'm .......... ...m~-~-. ~'~'*~'~..._, tThe_ City shall..continue to participate in and,
where appropriate, locally enforce ail existing coastal regulatory activities of
the Enviromnental Protection Agency, the Florida Department of
Transpo~ation, the Department of Environmental Prote~io~
Natura! Reacxrceg. South Florida Water Management Dislrict, Palm Beach
County Environmental Resource Management, & Palm Beach Count~ Health
Departmefit.
Subzeq:ze.xt,}z Plan adzp*,!on, t_T_he City shall continue to reaularlv review and,
where necessary, modify local development regulations to ensure that
development projects utilize best management construction techmques for
natural resource protection.
~-~ ............. ~-~.on, r_The C~ty shall continue to require building
construction elevation~ consistent with minimum federal flood insurance
regulations.
...... -~ ............. v-an, t_The City shall continue to require building
construction techniques in accord with the South Florida Building Code.
~-~o--~--~-c"~' ....... + +^.~ .m~"._. -~v~.~..,~+;~ tThe_ City shall continue to enforce all
regulations pertaining to the State's Coastal Construction Line.
By 1995 2002~ the City shall develop a local water quality improvement
program for the City's portion of the Intraeoastai Waterway using
current stormwater data.
The Cie, will investieate the comvletion of Phase II and III of the Downtown
Stormwater Improvement Proiecr instnlllm, stormwater pre-treatment devices
~vhere financially a ro ' ~xr;+~:~ +~.~ + ........... c m~.
pp pnate .................. : ......... +~-
City of Boynton Beach
EAR-based Comprehensive Plan
Amendmems
7-1
Date: June 6_ 2000
Coastal Management EIement
Policy 7.2.2
~c ........................~ ........ tuds.
~2.qtk~n ~ss :w: ys~z cf P!~ adoption, t~he Ci~ will continue to maim~n
Policy 7.2.3
Policy 7.2.5~_
S,,r, ..... zn: 'c' m~'';' ~'~'~*[~,n¢ mc'~:-~' The City shall continue ro enforce the
Iand development regulauons to reqmre t;ature mannas ,o be designed to
maximize flushhag of the marine basin and ro provide for proper sanitary
sewer' hook-ups.
Policy 7.2.65
d ........................ ml~ ~mt'i~te d~scussmns wnh the Fionda Department
of Transportatton relative to n'nptc~vmg the water quahw of storm water
discharges.
Policy 7.2.;~_ Within ~vc y:ar: cf PI,x:: zdcFt!cv~, the City - _ ' ' '~-_ - '
dest"nz*~'~ ..... z ......... vail mm~te &scuss~ons w~th the South Florida
Water Management District relative to.improving'the water quality of storm
water discharges fi.om the C-16 (Boynt0r~ Beacl~) Cmaal.
City of Boynton Beach 7~2 Dare: June 6 2000
EAR-based Comprehensive Plan Coastal Management Element
Amendments
Policy 7.2.~g7
Policy
Policy 7.2.4-09
Policy 7.2.4-MQ
Objective 7.3
Po!icy 7.3.1
Policy 7.3.2
Policy 7.3.3
~-~ .............................................. 2.~e C~tv shall
continue to suppo~ ~e exit~ ~consolidated effo~s of the L~e Wo~ Lagoon
Ecosystem M~agement ~ea Smdv ~d Commiaee ~d ~v effoms of
Intergover~ental Pi~ Amendm~t Review Comm~ee wi~ re~ard to this
important ec0svsrem.
Su~:qu?xt to Pla': adoption The City shall, by 2002, ' i:-L r ' -!
~x411 adopt resolutions that reqhest and seek support and funding from County,
State, and Federal agencies relative zo on establishing a long-term ~varer
quality improvemem program for Lake' Worth and the Intracoastal Waterway.
· ,.., ......... ~ ~--~ ...... a4~v,~*.., The C~ty wilt continue to urae that ~
the:Florida Department of Trangpo2afion to-refrofit existing drainage outfalls
from State Highways to Lake Worth and the Intracoastal Waterway.
.... .~ .......... ad~r..~, Tile City shall by 20027 conduct a study of the
fe~ibility of req,3irin~r-C~uit~marinas to provide sanitary sewer hook-ups for
long-term use._ and to adopt ordin~ces requirina ~'boats to hook-up to the
systems provided.
Subseqhent to Plan adoption, or when mandated by state statute, the
City, in cooperation ~ith Federal, State, County, and adiacent
governments will protect and restore the existing cOastal dune system and
beachesalong the City's be~ehfront and establish standards to minimize
the beach and du~/e impacts of man-made structures.
Sukz:qxznt tc P!ax adoption, The City shah continue to coordinate ~vith the
Beaches and Shores Council and other agencies to identify County, State and
Federal grants available for establishing a focal'dune protection program.
..... · -t .............. ptmn, The City shall continue to investigate the
feasibility of requiring alt beach access locations to be converted ro dune
cross-over structures and for existing walk paths to be restored and vegetated.
~-t-*---e'4' .......... .~ plax adoption, t_The City shall continue to provide resolutions
to support and maintain area,Mdc beach renourishment efforts, if determined
to have no significant negative impact on reefs and other living marine
resources.
City of Boynton Beach
EAR-based Comprehensive Plan
Amendments
7-3
Date: June 6. 2000
Coastal Management Element
Policy 7.3.4
~Ob)ective 7~4~
Policy 7.4. t
Pbticy 7.4.2
Policy 7.4.3
Objective 7.5
Policy 7.5.t
Policy 7.5.g-2
.~v.~-t-v.~.e"~' .......... .v Plax :d~Fti~n, The City shall continue to provide resolutions
that support and maintain improvements of South Lake Worth Inlet-to
minimize beach erosion.
Af~:;~ P!a~ ?-:p31~g=i The Ci~ shall continue to ~mit p. ublic expenditures
jn ~h~ :e~ a~a[ high ~d~rea ~ ,res~i~t~g expaasionfimprovement of
the Cj~ s, ~tmg~gffiittes 9xc~pg for those, nec~ss~ to se~e pl~ned
:devdoPment~ ,~tO imprOVe environment~ qoali~, or to se~e
reae~e~oomenr.acuwnes.~ --' ~ ''- : . ~
oriented to
or tO
.1 hook-up w/thin a
~n~y':' Emerg~acy ,~r~*~dness:~ Plan with
L:eatmn, .eva, Le;ugtto~ ap~ ~aty management
~phasislo~0gds [~ Ei~ s mult~-famdy and
.~an ~tevloOl}agr~i mhd to encourage
.................... v ...... The C~tv shall estab!~sh and mmntaln procedures
to maintain lo. ca/emetgenpy~ se~rmces persormet familia7 w~th Palm Beach
coUnty's adbpted Eme~geri.~y~P~ep~edness Plan.
\V;*h;- +~ .......... cD,~ ~-+;^~ The CiW shall; by 2002 undertake efforts
to esm~115h~ a Count,~, d~.~ab, ase. regarding loc;~ ............... ~t~:..~,
emerge, gc~,.preparednessl .taygetin__gl resid,n~: groupg, and?t?~ seek cooperatmn
and assistance in updating plr0cedures contingent with pc~pulation ~rowth in
the coagtal area. and when possible, reqi~est public input in the planning
process.
City of Boynton Beach
EAR-based Comprehehsive Plan
Amendments
Date: June 6. 2000
Coastal Management Element
Objective 7.6
-j .... , The C~shall maintain ~or reduce current estimated hurricane
_ e~acuation times if'devetbPment increases.
Policy 7.6.1
~-~o~-----c"~' .......... .v .°'~.-. adcpucn. .~--~..~+"~;sh. The City shall continue to enforce
procedures to maintain local emergency services personnel familiarity with
Palm Beach County s adopted Emergency Preparedness Plan
Policy 7.6.2
..... ~ ............ ~ ...... ......... v ........ The C~ty shall continue to
participate in all countywide emergency preparedness preparation and practice
sessions.
Policy 7.6.3 .g The City shall continue to review existing evacuation routes and
deficiencies as noted in the Hurricane Evacuation portion of the Coastal
Management Element, every three years, and if appropriate, initiate
amendments of the: Regional Plan to Palm Beach County Emergency
Management personnel.
Policy 7.6.4
!n~acca~.ta! V/zter::ay.Reserved.
Policy 7.6.5
.............. ~ ............ v ...... t_The City shall undertake efforts by 2002
to establish dt~,~q~p-a County survey or local informational program ro
identify the location and magnitude of the coastal area population reqdiring
assistance in evacuation.
Policy 7.6.6
The City shall adopt the pertinent policies on hazard mitieation that are
derived from the Palm Beach! ConnW Hazard Mitigation Working Group.
Objective 7.7
By 2'.:nc 1990, The City shall continue to provide for the phasing of urban
services consistent with the Level of Service Standards of each
Comprehensive Plan Element.
Policy 7.7. I
~-~-~----e"~' .......... .v Plan adoptiol'., The Ciw shall continue to establish procedures
to maintain and monitor existing interlocal agreements for provision of water
and sewer service with adjacent municipalities and the unincorporated area.
Policy 7.7.2
..... ~ ....... Pin:'. adcpticn,.The City shall continue to establish procedures
to coordinate and participate in long term area-_wide planning efforts for
provision of solid waste resource recovery and regional sewage disposal.
Policy 7.7.3
..... '~ .............. v ................ ~ ........ tc The shall continue
to adequately fund local maintenance and operation needs with respect ro
storm drainage.
City of Boynton Beach
EAR-based Comprehensive Plan
Amendments
7-5
Date: June 6. 2000
Coastal Management Element
Objective 7.8
Policy 7.8.1
Policy 7.8.2
City shall continue to protect, conserve and, where possible, improve
local wildlife, coastal wetlands, estuaries, coastal barriers and marine
habitats.
City. shall continue ~ discourage: site clear-cutting and promcr, restore and
enhance, ,xvher~ '/~ossible,: existing :~atural are/~s ~and; n~five species,' ~u~h as
beachesand dunes, wetlands, e~Uarie~ and drainage systems.
Policy 7.8.3
Policy 7.8.4
Policy 7.8.5
Policy 7.8.6
Policy 7.8.7
Policy 7.8.8
Policy 7.8.9
assist
w~th the m~t~atton strategy prp~am~t~, :~ ~,~. of tr~spl~tmg
s~in~ of red m~grove ~sh~s ~to ~e inte~id~ m~grove ~eas.
...................
~i~'~e~ropnat*~genmes on~e m~la~on of ch~el m~kers to protect
sea ~asses from prop &edging(~
R ................. =---w ................. r ................ The .City shall
continue to develop and suppo~ educational programs, enhancements, and
PrnrOper M~herove Trail and Nature Center in the
m~inranance
of
the
Nature
ang~ove hammock iv. th~ ;'!:~:~~ :fgt the end of Boynt0n Beach Boulevard
c,m~Em~ma~-The City shall continue to enforce the use of native vegetation
~pe~ies ~n meeting iocg landsc~ng ~equirements. '
m-The City shall continue to ent'o~ce the establishment of buffer areas adjacent
re natural areas and mangrov~:sites~; opm space provisions, tree protection,
{torm drainage; and best mar~gemeht practices, and amend to comply with
p61i'cies in this Element.
~cm~!i,, ':,'i~. The City shall continue- to enforce the perm~ttlng and mitigation
requirements of County, Statej .and Federal agencies in developing in natural,
wetland, and mangrove areas.
The Ctty shall continue to ..... --t ............... ~- ..... , .......... r ...........
...... ; ...... ~upport and cooperate in efforts to preserve and encourage turtle
nesung along the C~ty s be ch area.
City of Boymon Beach
EAR-based Comprehensive Plan
Amenaments
Date: June 6.2000
Coastal Management Element
Polic> 7.gAO
City shall continue to consider the specific and cumulative impacts of
development or redevelopment on wetlands, estuaries, water quality, water
quantity, wildlife habitats, living marine resources and beach and dune
systems.
Objective 7.9
Tc Ftc;Sa. de by 1995 The Cit~' shall provide bv 2,002 for an increase in_the
amount of water dependent and water related uses and public access to
beach and shoreline facilities by prioritizing shoreline uses with priority
gliven to water dependent uses.
Policy 7.9.3_1
The City shall prepare a master plan.of Jaycee Park that increases by 1995
2002 ~public use and access to the Intracoastal Waterway, subject to lease
restrictions and successful .neaotiati0ns with the~ owners Florida Inland
NaviaafionDistrict).
Po!i%y 7.9.3
Policy 7.9.42
~---~n-~---c"~ ....... + +~-~ -maa- --~r-~---""^-*:~- tThe_ City shall continue support~ through
resolutions,_ areaz~¼de efforts to acquire and develop additional waterfront and
beachfront sites on the condition that such increases do nor harm natural
resources.
Policy 7.9.¢3_
Policy 7.9.6~_
Policy 7.9.¢5
............ ~ .... ~ ..... ~ ............ ~, ........... ~, ........... bshb The C~
shall support the maintenance of transit facilities to serve beach front parks
through City system or Palm Tran service.
Subsequent to Plan adoption, the City shall adopt and implement the land use
and zoning recommendations outlined in Coastal Management Element.
................. tThe c~ty shall consider, coanizam
of impacts to established uses, ~ .... ~ ............... ~ ....... tablLh criteria
for marina siting and to give priority to development plans which ~ncrease
public interaction with the waterfront. The City shall consider developing
performance standards which guide the review of proposals in this respect and
continue to monitor the construction of the current marina proiect and future
operations.
City of Boynron Beach
EAR-based Comprehensive Plan
Amendments
7-7
Date: June 6. 2000
Coastal Management Element
'Policy 7.9.86
~'~-~**-e"~' ....... + *~,v .m~- ....... .~,:~v ............. ~; The C~t'v shall continue to enforce the
-Land Development Regulations to enforce public access ro beaches
renoarished at public expense, and enforce the public access requirements of
the Coastal Zone Protection Act. of 198~_. zn2 ~n;'eztlgztz +,~c financial
locadcnz.
Objective'7;10" By"1995g002.', the Cit~, shall protect~ preserve andZ-_/or provide for the
sensitive reuse of h~ston properties in the Coastal Management area.
o,f ~, .......... ~, ~. The C~tg,shalt ~mplement bg 2002 a b2s~ onc preservatmn
ordmanee,that~ ma~udes performance s~d~,fo~,~tevelop~nt and reuse:
Policy 7.10.2 Su~zzqxz:zt '*.c, Plan ad~zx, lhe C~t~:sha~fesml~}ish;prO~,d, ures tolencourage
the Pr0P ~ek-t,y o~ers,-0f kisto, nc sites' ~0- mamtmn the d~gn ~and structural
mtegn¢~ 6~ the b~ldmgs,., , ,-
The C~tv shall armuallv update the 1996 H~stonc ,S~te, s~:Surve¥ w~th new
ehmble s~tes I~2 ...... ~w~v ...... worthy ofprese tm .
Policy 7.10.4 ............................. TheGity shall continue to consider allo vances
for
pe~2ts development of a,Historic Preservation Ordinance.
Objective 7.11
whicl~
property to natural
Redevelopment Plan.
larea in a manner
of human? life, and public and private
hazards by developing a Post-Disaster
Policy 7.1 I. 1
Wxth ........ , ~ ~, .... ,.; ............. ,~.The Ctt~¢ shalI continue to utfltze
the Community Red~,velopment Area Plans, the FutUre Land Use Map. and
recommendations from the Vision 20/20 Plannin~ Study1 as a post-disaster
redevelopment plgni for establishing construction Criteria and siting
requirements for use in redeVelopment of existing developed properties. This
effort would include a review of the Coastal Construction Building Code, the
Curre~ ,Flood Prote¢fion Ordinance, the Future Land Use,Map, Community
Rede~,eloVme~t A~en¢¥ vlans.,and other pertinent recommendations from the
';vidio 2o/20': pl in study and include criteria tO distinguish between
in~meglate repair nad 10ng-term redevelopment.
¢..~.,~,;.,~.,,+,+^ OT-- ~-.;~- *Tho r'iW ~h~l} cnntinne to adohr and maintain
Policy 7.1 t.2 ...................., ~ ~ . ~- ........ _~ ..... . ~ .......... .
estzb![?, procedures in capital tmprovement funding that prohibit the
construction or installation of pubtic infrastructure in coastal high-hazard
areas (i e, the area lying seaward of the Coastal Construction Control Line
City of Boynron Beach 7-8 Date: June 6, 2000
EAR-based Comprehensive Plan Coastal Management Element
Amendments
Policy 7.11.3
Policy 7,11.4
Policy 7.11.5
Objective 7.12
Policy 7.12.1
Policy 7.12.2
Policy 7.12.3
Policy 7.12.4
and containing the only portion of the City that is susceptible to the velocity
- effects of storm surges) or flood prone areas unless necessary to correct-
cum'em deficiencies, to relocate or replace infrastructure, or re serve a clearly
demonstrated public interest.
Subzequcn: tca majcr zto.n~, cccurr:nce, t_The City shall continually support
redevelopment subsequent to a maior storm occurrence consistent with t_he
uses, denskies and construction practices as outlined in the Coastal
Management Elernent, the Post-Disaster Redevelopment Plan. when available.
or other coastal related regulatory documents in the event that a specific Post-
Disaster Redevelopment Plan is not created.
E'.:Szcqucn+. tc Plan adeFfien, The City-shall modify the Land Development
Regulations to provide for general hazard mitigation, include
recommendations of the Palm Beach County Hazard Mitigation Annex. as
applicable, regulate beach and dune alterations, storm~vater management,
sanitary sewer and septic tanks, and land use to reduce the exposure of natural
hazards to property and human life.
The City shall t_'mclude in the Post-Disaster Redevelopment Plan the
identification of areas requiring redevelopment, the elimination of unsafe
conditions and inappropnate uses. Reference should be made to the Future
Land Use Map~ Community Redevelopment A~enc¥ vlans, and to other
pertinent recommendations from the "Vision 20/20" planninr study.
By 291~ 2015, the Cit'v shall minimize population concentrations in the
coastal high-hazard area.
_j ...... _The City shall implement bv 2015. the post-disaster redevelopment
plan and procedures for establishing construction and development criteria in
the coastal high-hazard area_
The City.shall P4_estrict by 2015 the rezoning or land use plan amendments of
residential properties that would increase existing densities for developments
within the coastal high-hazard area.
The City shall prohibit by 2015 Pq~edevelopment of existing dwelling units
located in the coastal high-hazard area ~.~n ,.
....... ~ .......... unless an
enginee~ng study suppo~s ~at the redevelopment c~ occ~ in a s~e m~er
when considering building cons~ction, design, sit~g ~d ~mre
events.
By 2015. the City, in a imnr City-County effort shall establish a
public/private plm-min~ initiative to ~uide post-disaster activities.
Ci.ty of Bo} men Beach
EAR-based Comprehensive Plan
Amendments
7-9
Date: June 6. 2000
Coastal Management Element
Policy 7.12.5
Bv 2015, the City shall establish a public/private planning initiative that
obtains assistance with possibly overwhelmina demands on public service
durin~ the post-disaster redevelopment activities.
city of Boynton Beach
EAR.-based Comprehensive Plan
Amendments
%10
Date: June 6. 2000
Coastal Management Element
Goal
Objective 8.1
City of Boynton Beach
- Intergovernmental Coordination Element
Goals, Objectives and Policies
tt is the goat of the City of Boynton Beach, through increased
&0ordination, interadti0n, an4 communication with adjacent local
governments and other pertinent coordinating entities, to maintain constant
awareness ~f the plans and intentions. of such entities, and address, and
alleviate~ or 5by/ate anticipate, ali major issues which involve a single
agency or numerous entities.
am
City shall
lUality and frequency of the communication
between such agencies and entities
housing-improvement_.,. :','k~:h
Policy 8.1.1
rem~nts ........ ~?. ..... of ~vaflable houmng improvement progrms_
The Cx~ sh~l continue to dis~ibute i~o~afion ~ounh public
p~c~pat~on he~ngs~ ~d o~er meetin~ ~ needed T~ : ....... ~
Au~c~.
Policy 8.1.2
The. C!W shall cGontinue to use u-t-/4i,~-!he Community Redevetopmem
Divi~0n as'th~ review a~encv for form
-r~ ........~ for Co~m~ Devel0pm~t Block Gr~t apphcanons.
Policy 8.1.3
The City shall maintain a quarterly updated list of ~roup homes and foster
homes licensed a~d/or ?erated by the Florida Department of Health. ~
Policy 8.1.4 The City shall ~eep thee licensing and/or oper,afing agencies (i e
Department of Health, South County Mental Health Center, etc.) apprised
city of Boynton Beach 8-1 Date: June 6. 2000
EAR-based Comprehensive Plan Intergovernmental Coodination Element
Amendments
ObjeCtive 8.2
~oIicy 8._2.1
of the appropriate zoning regulations and will also notify, them of all
pertinent complaints reported on these facilities at the time the complaints
are received,
bc .... ~ ......................... The Ctty shall carrv forth, w~th Its
CommlmitV ' Deve!opment :;Bli~ek' 'Granf ' E~fitlemen~ Stares, a
¢6mp~efis~e ~o~rm ~ m~hL;the,C[~ h6eds ~n ~ordable ,housm~
and accompanwng infrastructure.
Objective 8.3
Objective 8.4
opportunities
with Palm
Policy 8.4.1
areas accessible
Community School
to gain public use of
use.
Policy 8.4.2
City of Boynton Beach
EAR-based Comprehensive Plan
Amendments
8-2
Date: June 6. 2000
Intergovernmental Coodination Elemem
The CiW shall:mM~ntain an updated copy of the Comprehensive Plan for
the Town of Ocean Ridge in order to evaluate-their plans for furore beach
front recreation and explore potential future agreements that would
facilitate joint use and/or provision.
Policy 8.4.3
The CiW shall, by 2002. prepare a master plan of Jaycee Park that
- increases public, use and access to'the Intracoastal Waterway. subiect to
lease restrictions an& successfuI negotiations with the owners (Florida
Inland Navigation District).
County.
Objective 8.5
The City shall continue to implement a~eFt lc'.':! "~ .... :~"
......... standards
for parks and recreation facilities that are consistent with ..... ~ .... ,
the County's park standards. ~ ...... m:,:~. ........ :a. a:~.~, o-~
r:g.:cna! ~arks.
Policy 8.5.t
The City shall maintain .cuFFc=t the County's standards for parks and
recreation facilities *'-~
~-v,---~ ot~dards that both meet the needs of the City, as well as reflect
the potion of p~k acreage ~d recreation facilities that the County h~
defined as being ~e responsibiliW of'other entities~..~.r; ~ by 1995 tho
ctb2r ~n!!tizz).
City of Boynton Beach
EAR-based Comprehensive Plan
A~endments
8-3
Date: June 6. 2000
Intergovernmental Coodination Elemem
Policy 8.5.2 The City shall recommend to Palm Beach County that neighborhood park
facilities be required as part of its review of rezonings and water service
a~reements in the unincorporated area.
Objective:8.6
The City shall continue its ~epresentation on ~he Beaches and Shores
. PoEsy
Objective 8.7
The City. shall continue ro par~cipate through interlocal agreements with
o~t the m~-,~.~, t~e~Be,~cJ~es4ian' &; $h~0,r~s -and: shall encourage
the ~xpansio~ 9f,/recr.~ii0nali?ppo.rtUnities~(~mn&.,the preservation and
cons~rvation~of i~ae beaekes.-~:a~: 'sl~re ~/S. onment while promoting
actions that are consistent Whh ~ity p~Iicya ,'
The City shall coordinate, efforts throu.~hdlntergovernmental Plan
Amet Beach County
the Town of Ocean other adjacent coastal
communities, that.enable, the..e$change of ideas and plans, and
provides the an arena for resolution of conflicts that concern two or
land
use~ water and se~er service, preparedness,
Policy 8.7. t
Policy 8.7.2
The City shall attempt to establish a work committee, composed of
representative~ fr0m mumc~palities ~uch as Ocean Ridge, .Manalapat3, and
Gulfstream and other relevant cities, to meet on an annual basis in order to
collect, review and discuss maj0~ .current plans which affect the other
communities, and to determine methods for. addressing major issues such
as water quality, hturicane gl/repareckness and post disaster management
(see Issue #3), beach access, er_cetera. /~If a work committee is not
organized, at a minimum, an.updated Comprehensive Plan should be kept
on file. t4t~ and examined ~for potential inconsistencies with the
Comprehensive ,Plan of the City of Boynton Beach. A Coomprehensive
pP__lan should also be provided to the other adjacent municipalities for their
information and review.
The City shall, continue to provide/cooMinate ~y !99!. -....~=~..-..*';"*~ +~=.,.~
c::~L-:~ utility service ro agrcgm:nt with the Town of Ocean Ridge via the
on-goinz agreement with regard to water and sewer hook-up.,
City of Boynton Beach
EAR-based Comprehensive Plan
Amendments
8-4
Date: June 6:2000
Intergovernmental Coodination Element
Policy 8.7.3
Policy 8.7.4
Objective 8.8
Policy 8.8. t
Policy 8.8.2
Policy 8.8.3
The CiW shall continue to establish procedures to maintain and monitor
existin~ interlocal av, reements for l~rovision of water and sewer service
with adiacent municipalities and the unincorporated area
The Cky shall consider utilizing ~d~e PMm Ecack Cevmtj,~,vide P!arming
Ccunz~!'z2 or the. Treasure Coask,Regional Planning Council's, Informal
Mediation Process if futura CoordinatiOn between the two municipalities
does not resolve pertinent issues that are within-the scope of the two
entities.
The City shall attempt *.: fn:rzazz tko coordinate through the
Intergovernmental Plan Amendment Review Committee :ezrdfxat~nT,
.......... ~ .mergency preparedness and post disaster planning, and
shall use the wesourc~ of ihe Ci~'s Fire Department to implement
~-a ~- *~- ~ ..... a:-~'~a :~-~ .... *~+;~ ~c hurricane disaster
plans as well-to initiate the development of other ~aster plans and
stmtegies.
The City shall communicate to Palm Beach County the need for interim
communication concerning the implementation of the County's
Emergency Preparedness Plan and the local emergency management
plans. Interim coordination could include events such as annual meetings
that would attract pertinent representatives from all the County's
municipalities and mock disaster drills,
..... ~^~' .... :~:~;:+;o~ tThe City shall initiate annual meetings and
inform adiacent municipalities through the Intergovernmental Plan
Amendment Review Committee or other appropriate intergovernmental
di ation entity f ~.~+. ...... ~.~ ,-,;+.. ~c ~ .... +,.~ ~h ~.~ ~.~ .....
coot n o ............... ; .... . .......
local disaster management strmegy plans for ememencv preparedness.
The City shall promote to the County the idea of mandatory coordination
of emergency management plans and strategies among local municipalities
~vhose emergency management strategies include adjacent communities
resources.
Cipy of Boynton Beach
EAR-based Comprehensive Plan
Amendments
8~5
Date: June 6. 2000
Intergovernmental Coodination Element
Policy 8.8.4
Policy 8.8.5
The City shall inform the Palm Beach Cotmty Emergency Management
Division, and the City's Risk Manager, concerning any changes in
allowable residential densities that would significantly increase the
population to be evacuated (located within the Hurricane Evacuation
Zone).
The'. C~/,)i'shall ~d~i~t ~nd ~nforce: regulati6)ls 't0 notify and solicit the
increase
the
8.8.6
shall forward
Division
Beach Cotmtv
Policy 8.8.7
Policy 8.8.9
Policy 8.8.10
Objective 8.9
City of Bo3 nton Beach
EAR-based Comprehensive PI~.n ~
Amendments
The City shall,: ?entmne to part~cipat~i~n all countywide emergency
prepare ,dness pr;e~ ,~. ia~ct,¢rac~e ~es~,~ns ~ : .
The. City shalt,4e:ontimre:~.to.~re'aew :~?tmg evacuation routes and
deficienctes; as~hii~a~//~,~ ~d g~fi~6a porUon of the Coastal
Mar/a~ement Ek~n~ e~xex-~..~thr~e, ye~; ~and ,ff appropriate, mlt~ate
amcnamentg of,.~.~e~Regl6nat;Pla~ }t0 ~ ,Beach County Emergency
The Cky~-shall ¢onfinueto ~ent'orce precedes to .maintain local emergency
services, persovmet;,~(:~a~i!lat~tv ~Lh Pitlm,,Beach Countys adopted
Emergency Preparedhess,Plan.
xn ; city ,hah ::?a ti3b e.. in the I.ake Worth Lagoon Study,
Departnientr,oi.l~4~r.0nme~ital Resources Management, South Florida
Wateri.NIanagemer~t ~Dlstrii:t4 anti. Surface ~Water Improvement , or
- - 8:6 ' - Date: June 6, 2000
Intergovernmental Coodination E ,ement
Policx 8.9.1
Policy 8.9.2
...... t- ....... , .... ~ which tayggt the ~mprovement of .... surface waters
within, and adjacent to. th~' CitY'S: b6undary. -
The City shall participate in the effg~ts to improve the quality of the areas
canals and receiVing waterways, ~and hegotiate w/th the Lake Worth
Drainage District in addressing the same.
The City shall coordinate with, and participate in, any organizational
programs developed by the Intergovernmental Plan Amendment Review
Comrmttee or other entity ..... ~ ..... ? .--~...~ -c'&~c:l that are intended
to promote an area-wide approach to improving the water quality of Lake
Worth
Policy 3.9.3 8.9.3
Policy 8.9.4
Policy 8.9.5
Policy 8.9.6
Policy 8.9.7
Objective 8.10
The Fo!icy cf me City shcu!d shall adovt policies which support the efforts
of P~m Beacti: Conr/~y, th~ Lake Worth Drainage District, and th6 South
Florida Water 'Mmaana~ement District to monitor and control the quality
and quantity- of storm water mn-off_, and the City should provide inpm
when needed. The City shall stay apprised of these efforts by regular
communication and attendance ar regular and special meetings of such
agencies.
The City shall maintain an updated copy of, and promote the application
of, the OPerating Policies of the Lake Worth Drainage District.
l'he Cky should provide the Districts with the City's development
requirements concermng drainage, and emphasize the need for them to
adopt 'similar restrictions if the District's standards are less stringent.
The City qhall~ Cnntinn~. tn nrta. ;~;+;~+~ Al ...... ; ...... ;~!., +!~ Cln~rt~
De artme t ' "" - ..... : ..... ~ ...... *
p n of OTransportatmn to retrofit emstmg ........... ~, - ~t- ...........
cf their direct drainage outfails with drainage retention ponds from s~are
hiehwavs to Lake Worth and the lntercoastal Waterway.
The Ci~ sim[! maintain an awareness of, through continued annual
contaet~, the coastal· ~'~gulatory activities of the Environmental Protection
A en~.o_~5 Florida Department of Otransportation, DER, DNRDeparrment of
Envir6nmental ~Prot~ction_, Sputh Florida Water Management District,
Palm Beach. County Environmental Resources Management, and County
Health Deparm~.ent. Where appropriate, the City shall participate in, and
locally enforce, such activities.
The City shall coordinate *vith the Palm Beach County
Intergovernmental Coordination Program (Intergovernmental Plan
Amendment Review Committee) in noticing adiacent municipalities
of proposed land use amendments, rezonings, and annexations that
may affect adioining municipalities. By 19~!, th: CLX' :ha!! ~cv:!eF a
City of Boynton Beach
EAR-based Comprehensive Plan
Amendments
8-7
Date: June 6. 2000
Intergovernmental Coodination Element
Policy 830.1
The ,City through: the Inte~r~ovemmenml Ptan~ Amendment Review
mum¢~p~mes ~t:~e ~thm t 000 feet o~a proposed l~d use men~ent
0~ ~a~o~. ~6~i~e~n ~6~d b~ ,~en ~e~¢less of ~mce ff the
proposed c~ge?~0~ s~,gnffic~tty ~eet ~e adja~em m~cip~ty.
Policy 8.10.2
or Palm
or annexation
Policy 8.10.3'
The ~C~i~y gha!l ~gtti~ip~e ir~ cooperative rnapp',mg of proposed future
annexatton areas ~Vlth adjacentjurtsdmt~ons.
Policy 8.10.4
City shall
pockets, or other undesirable land con~imzrafions,::adiacem to, or in the
prox2m~ty ~t% ~orporate'~!i~ts pno~ to annexat~0¢.of any parcels ~nto the
City. ~ '
Policv 8.10.5
The City shall 7~0ntinuh'to promote annexation Of land where service
delivery svs, te~,in the tJtiliW Service iA_rea (Reserve Annexation Area),
wfllbe conmstent~w~th &~ boundanesofthe corporate hm~ts.
Policy 8.10.6
The Ci[y shalE',p!ursu~e interlocal a~reemems ~vith local governmental/
munm~pahttes ~at have td,e. nt~fi~t or,adopted future Iand use des~tnattons
for adi~ceflt 5~c'om6~d ~a~ 'Thes~ a~eements would establish
lomt planrnn~ areas pursuant to Chapter 163.3 I71. F.S.
Policy 8.10.7
City of Boynron Beach
EAR-based Comprehensive Plan
Amendments
The City shall ~couraze oint planning a~reemems that include, but are
not Itmtted to, tlS*e foltowm~
· c0operaitiVe ,~lannlnz and review Cf land development activities within
areas covered by the a~reement,
: !' 8-8 Date: June 6. 2000
Intergovernmental Coodination Element
Policy 8.10.8
Objective 8.11
Policy 8. i 1.1
Policv 8.11.2
Policy 8. t 1.g3
specification of service delivery;
funding and cost~sharSne issues within ioint planning areas: and
enforcement/implementation.
The City shal} continue its present annexation policy to discourage urban
sprawl bY allowing oontrolled growth in a manner which discourages
conflict with' adiacent uses ensuring that the proper infrastructure is in
place or concurrent with development.
~' 1991. .*_The City shall participate in intergovernmental
coordination processes to ensure full consideration is given to the
impacts of proposed!ComPrehensive Plan amendments and future
developments on'fJi~~ a'bilitir of ~t~e city and adiacent local
governments to implement their ComPrehensive Plans and to address
area .wide land use ~eds and iUst'ifieation for amendments, a~a~rcaa
The Cite sba}l, ¢artlcipate in the Palm Beach County Intemovernmental
Plan Amerrdment.Rem~w,Commtttee Process and shall coordinate w~th
the T~ea'shre ',C6a~t_ 'Re~ional Plannin= Co,moil and all other local
gc~¥ermn¢fits itl a .vol~lary dispute resolutisn process for the purpose o~
facilitating~ int.ergoveoental coordination. The..Intergovemmental Plan
Arnendm~ent Review ~0mmittee process is established pursuant to the
Compreb/ensi:~e, PIa~.~.i Amendment C0ordmated Review Interlocal
Agreement, e~e¢~Vel ~ctolser 1. 1993, an&shall 'include results and any.
written dete~on~i£rom, the Intergovernmental Plan Amendment
Review commii~$e P~ce~s as data and analysis to the Deparrrnent of
Commumt> A;ffa~rs-~Rh proposed~ ~ ~
and. adopted Comprehensive Plan
amendments,' {'
By !99!, T~h,e City ,~ball notify adjacent local goverranents tkfough
Interg0vernme~tal Pta~ Amendment Review Committee and the Counu-
of land use convicts g6~erated by adjacent land uses. In addition, it should
be determined whethe~ the Comprehensive Plans of the two entities
address the conflicts.
~¢The City shall n0ti~
to, of conflict, and th~
where the inte~jurisdi~
property owners directly involved in. and adiacent
:the conflict is being addressed bv both entities
[onal conflict has caused a public nuisance,--t-h~
City of Boynton Beach
EAR-based Comprehensive Plan
Amendments
Date: June 6. 2000
Intergovernmental Coodination Element
Policy 8.11.-3~_ The City shall use the [nterzovernmentat Plan Amendment Review
Committee as the entity , by ~ n?, ~..~, ............. ;o~ ..,;+~ ~..~
......... *"' ~"*:+;~' to mitigate land use conflicts that directly affect
possible Comprehensive Plan amendments.. The mitigation strategies
could consist o£ ~ }gir~tly adopted ~mre land use, lan for the borderir~g
:. land uses,.,0r ~at ,g ,m~niraUm, ~ddf app~c~p35ate, the bi~ffe~ng of the
' '~ '. ? Jh~0~i~i~}~: ~s~si,~iin' thi ¢4~ ith-~.~'Ci~Y:. ~h~!! oppose requests for
changes in lanc[ ,~us,~¢!niuvjn.?r~gmt~:p~!m:B..eac~,_ County that are in the
C[ty s R serve A~exataon Area and not conststent '~lth the adopted
Boynton ,Beach or ~glm Beach Count-ComprehenSive Plan.;
~each County and the
and coordinate
Policy 8. [1.5
non-ComCre-hensive
'~' The City may hse
matter of imminent
or
Objective 8.12
Policy
Objective 8.13
The City shall maintain, or increase as necessary, the communication
and coo level of service
standards ~ entities that have
opemtiona facilities.
Policy 8.1 3. I The City shall continue ~gqordirmting ,&nd, communicating with the Palm
Beach County Parks and Recreation Department, the Metropolitan
City of Boynton Beach 8-10 Date: June 6. 2000
EAR-based Comprehensive Plan Intergovernmental Coodination Element
Amendments
Planning Organization, and the Solid Waste Authority in order to jointly
establish level of service.standards for recreation facilities, roads, and solid
waste facilities.
Policy 8.13.2
The City.shall continue to maintain an active role in all organizations and
committees which focus on coun .ty-w~de transportation related issues in
order to jointly develop level of s~rvice standards, lobby for the necessary
exceptions to the Traffic Performance Standard and/or Special
Transportation Areas for areas with less than LOS level of service "D", as
well as to coordinate major road improvements or developments. Such
agencies are, but not limited to, the F_Iorida .Department of
OTransportation , the Treasure Coast Regional Plannin~ Council, Palm
Beach County, and~ the, Metropolitan -Plann~g .Or~ation: and Solid
Waste Authoriw.
Policy 8.13.3
The~ City shall support the efforts of~ the.Metropolitan Planning
Organization and Public Health Unit, through existing coordinating
mechanisms, to reduce traffic generated pollution.
Policy 8.13.4
The City. shall ensure.~ through, the ~implementation of the adopted
ConCUrrency Manaceme~)t Ordinance, that developments which occur on
County. roads wxthln ,the C~ty limits are consistent w~th the minimum
adop~ed level of servm¢ s~tandards. Consistency of level of service shall be
maintained throuch Coordination with Intergovernmental Plan Amendment
Review Committee if there are differences betw~n the City and County
level of service interpretations.
Objective 8.14
By !99a~, *,_The City slmli continue attc..---.pt to improve the coordination
w~th PalmB¢~eh Cq.u~ty .Metropotitan Planning Organization and
th~ norida Dei art ii .o£Transportation in r~gard to receiving State
and County road plmis ~or review, i
Policy 8.14.1
The Ckv shall solicit the:~Connty's expenditure of~Impact Fees collected in
the adlacentlunLncorporated areas on high~vav factht~es which best benefit
the City of BoYhton B~hc~h.
Policy 8.14.2
The Cit7 s~all ~c}ue~ q~-~he Palm Beach County Engineering Deparrrnent~
the Metro¢~litan Pl~r~ Organization.-_and the Florida Department of
Trar~,~ porta~on: that roa~l 01ans sent to the City for review ar~ be received
earlier in the development process (i.e. prior to public hearings).
Policy 8.14.3
The City shall continu~ to participate in the, transportation planning
activities of the Metr(~politan Planning Organization. includin~ the
formulation of the Met~opohtan Planmng Orzanlzatlon Transportation
Needs and Cost Feasible ~lans: The City shall also continue to review the
Palm Beach County :land Florida Department of Transportation
City of Boynron Beach
EAR-based Comprehensive Plan
Amendments
8:11
Date: June 6.2000
Intergovernmental Coodination Element
improvement pro~rarns~ and attempt to.ensure that these agencies provide
~ransportafion improvements so as to maintain the levels of service
adopted in the Transportation Elemenn
Po[icy 8A4.4: ,. The,Citv,:shall, cor~lSnue to ?erform the proper notification of affected
~ a~en¢ies concerning/, border'ins Unin~orporaXed properties or furore
annexation land.
Objective 8.16
Policy 8.16.1
Policy 8.16.2
Objective 8.17
Th~Ci~.shafl~oordina~e::with:,the Count,'in. reference to Coun~
~ev~lopmenis; heh~ ;(he Ci~'~ borders and~ review such projects
th~gh'~ a :c~,~sten~>pro~ess~, Close attenfiom:shail be prod to those
~re~-where C~, ~xa~n m possi~e ~ithm ~o years. ~
~he Ci~ shall agree by 2002 Upon ~e process to ~mvxew CounW pro}ects
6f t~hold impact for ~e ~ ~eXafion ~eh~.
~ should hol&in~ me~n~s ~ Co~t~ o promote ~e
lom~ revxew of ~mnent, plans tm ~or~,~ ~s~e prompt retm of
co~en~ from ~e ~lm[B[each Co~ Enffm~mg Office conce~ng
~ ....... ; ..................................... co~ents shoed
The Ci~ sha~ cont~ue to coordinat~:,~ith tke South Florida Water
Managemen~ District, Fl{~idh ~B~pa~f~eht :oETrhnsportation, and the
Lake Wo~h D~ainage Di~ieijn~orde~}~:Stay:gg~rised of the policies,
regu~tions and programs of~e Distbi~ts~ar~ ;to improve the local
Policy 8.17.1
Subo~.t ............... ~ ....... Ih City shall continue to work
cooperatively with the State' of Etorida_ and the; South Florida Water
Management District,~ and the Intergovernmental Plan Amendment
Review committee in deVeloping and implementing pertinent water use
standards and policies by staytng ,apprised o£ the ,~gtions and policies of
City of Boynton Beach
EAR-based Comprehensive Plan
Amendments
8-12
Date: June 6. 2000
Intergovernmental Coodination Element
Policy 8.17.2
Policy 8. t7.3
Policy 8.17.4
Objective 8.18
Policy 8.18.1
Policy 8.18.2
Objective 8.19
Policy 8.19.1
Objective 8.20
the appropriate agencies, az v:z!! az c~.:r antities (i.e. Countywidv
Planning Ccxnci!) whose focus includes mithijurisdictional issues such as
water needs and water quality,
Subz:quant to Plan a~zr~t!cn, +.__The City. via the En~ineerin.~ Department.
shall continue~ to maintain a collection of the current annual development
policies and regulations of the South Florida Water Management District
and Lake Worth Drainage District.
By 2002. the City wilt initiate discussions with the Florida Department of
Transportation relative to improving the water quality of storm water
discharges.
.By 2002, the City will initiate discussions with the South Florida Water
Manaff~riient District :relative to improvin~ the ~vater quality of storm
water diSCharges from the C-16 (Boynton Beach) Canal.
The City shall continue the existing coordination mechanisms with the
Palm Beach C0untv Health Department and the Florida Department
of En~;ironmental~,~,~._..~_ TM .... ~;~ Protection .and strive to develop
consistent policies and regulations.
The City shall stay apprised of hazardous waste regulations and policies
listed in the County's Comprehensive Plan and by atmual contacts with the
Depm~anent fE vir ~ v .... ~,:~- -
o n onmenta. ~.~o ........ Protection,
~.*c --~-~-~; ........., tThe_ City shall provide (along with adjacem entities if
recharge areas of mutual concern ate identified) adequate feedback to the
County, if necessary, regarding policies that relate to hazardous materials,
wellfields, and significant recharge areas, and attempt to coordinate the
development of future regulations.
The City, or the South Central Wastewater Treatment and Disposal
Bpard, shall continue to coordinate with the appropriate entities in
order to plan for future treatment facility expansion.
Coordination among the Cities of Boynton Beach and Delray Beach, the
South Central Wastewater Treatment and Disposal Board, and Palm Beach
County, shall include the analysis of the buildout population projections of
the sen, ice area and facility expansion shall be based on g~--smm~this
analysis.
When, an~ if nzec:aa.D', tThe City. shall, if necessary, consider
establishing a committee to work directly with the Solid Waste
Authority in order to jointly monitor the ongoing and expanded
City of Boynton Beach
EAR-based Comprehensive Plan
Amendments
8-13
Date: June 6. 2000
Intergovernmental Coodination Element
Policy 8.20.1
Policy 8.20.2
d ..... ~ .... ncezgza~' resource recovery and recycling programs
within the City of Boynton Beach.
The committee shall work cooperatively and actively with the Solid Waste
Authomy m e~'aluafir~e .......... ~, ....................... he necessary
;~o[imes ~d pr0gr0ms req~¢d fo Satisfy State Law concerning resource
mc0~(ery .¢,ecycling) and:continuec[ efforts to maintain State standards.
......... ~ ............... ~ ................. The connu~ttee shall
also keep the Solid Waste Aut~i0rity' apprised of any changes to the City's
Future substantially mcr?se the yp[ume of
The City shai~ continue to establish: prof~s to coordinate and
oi~otid
Objective 8,21
The City s~hll continue the 16vel Of cOra~hiii~ati6n with Palm Beach
Comity necessa~' to-promote, thee l~[ic~es:-of Boynton Beach
c¢~c~g~atgE~P0 ~s~e 9n~ ~[~pment within the water
~gd. s~er~ ~a .f~e~ the, W~t ?Bo~ntow A~ea::.~d the annexation area
Policy 8.2 i. 1
The City shall cGontinue to communicate with Palm Beach County and
participate in an7 aPprop~ate meet!ggs or. workshoPs in order to discuss,
begin planning for? a0~d reach an. agreement ,~onceming future urban
services within the ~eserve annexation area and .that area described in the
West Boynton Area Plan.
Policy 8.21.2
The City shall neeotiate with the PalmBeach County H~,alth Unit and the
South Florida ~ater~ Manaeement D~stnct to :reach: a mutually acceptable
aereement which mi~iinizes the permiyting of well; and septic systems on
lands within the unincorporated enclaves or within a certain distance from
the City's border.
Policv 8.21.3
The City shall coordinate with the Palm Beach County Health Unit in
proposed armexati0fl areas to encourage eentraI .sewer systems within
unincorporated enclaves that are adjacent tothe corporate Iimits,
Policy 8.2I .4
The City shall continue to modif~ and enforce reeulations to reqmre
corarectiqn to public,water ?upply. and extension!Of;water lines to property
b~>undades in' accoraance With applicable ~alm Beach Countv
Environmental Control Rules.
Objective 8.22 The City ,shall, in:feaze tk: ~^~'~;~ fer promote
iqtergovernme, ntal goordination with the Palm Beach County School
B~ar~l on th~ ~iting of new Schools in order toassist the School Board
City of Boynton Beach 8-14 Dare: June 6, 2000
EAR-based Comprehensive Pla~ Intergovernmental Coodination Element
Amendments
in maintaining or lm~-owng the quality of the County's school
system. Furthermore, new sehools shall be located in close proximity
to urban residential areas and other public facilities, o_n~
Policy 8.22. I
The City shall notify the School Board of all housing developments whick
exceed 20 d~velling units and provide them with the necessary data for
their analysis of the impact upon the racial balance of the areas schoots.
Policy 8.22.2
The City shall assist the School Board in locating future school sites.
Policy 8.22,3
The City shall support, and if nzzcszmT, assist m ~mplemefiting a
County-wide school impact fee.
Policy 8.22.4
The City shall coordinate with those schools in its jurisdiction, which are
part of the State University System, regardinff-the development of campus
master ~ptans or amendments thereto, to be~ done in accordance with
Section 240.155, F.S.
Policy 8.22.5
The City shall utilize the Palm Beach Countywide Intereovernmental
Coordination Process as a remdar format forum in which to deal with
issues unique to Palm Beach County and the municipalities therein. The
Multi-Jurisdictional Issues Coordination Forum shall be utilized as a
means of collaborative plannine for matters of interjurisdictionM
sigraficance includine, but not limited to, the sitine of facilities with
counwwide slenificance and local unwanted land uses.
Policy 8.22.6
At a m~nimum, the threshold acreage for new schools shall be as follows:
1) Elementary Schools: A minimum of four acres for the first 200
students, plus one acre for each additional 100 students.
2)
Middle Schools/Junior High Schools: A minimum of six acres for
the first 300 sPadents plus one acre for each additional 100
students.
3)
Senior Hieh Schools: A minimum of seven acres for the first 300
students plus one acre for each additional 50 students up to 1,000
students, plus one acre for each additional 100 students thereafter.
4) Area Vocational-Technical School: A minimum of 20 acres for the
first 500 students olus one acre for each additional 50 students up
to 1.~00 students.
5~
Community Cotle~e: A main campus site shall be a minimum of
100 acres. Each separate center site shall contain a minimum of 40
Cit) of Boynton Beach
EAR-based Comprehensive Plan
Amendments
8-15
Date: June 6. 2000
Intergovernmental Coodination Element
acres for the first 500 students plus t~vo acres for each additional
t00 students. Special-purpose cemer site acreage shall be
appropriate tO contaih the f/m~tions ~dentified in the program.
Policy 8.22.7
Policy 8.22.8
Upon issuance of a Development Order for a new school, the necessary
· . public faciti~ties stfch~aS, bt~mot (msited~ tO. sanitary sewer, Sotid,,~vaste~
' potabi~ ~ter;~iii'~, ~'~o~d:~,ar~ t~ :~:~ ~ia~ ~0 ~e~e the pr0po~d
: use. F~b~e~ ~ ~cho~l g63~d':~h~ll,:~t~l~'a,~i~en a~emem from
· e servi~e provider ags~ing gdequate capacity is available
Public facilities should be in close pr~X~iw. ~d operatin~ at the adovted
ieVeI, o~ ~ce,:-befQ~a,~ddeu~Ibp~nt.or~e~ c~,~'he~,i~sued~,fo~ ~mew
Policy 8,22.9
The City shall request that the Sch~ool Board submit for, review
inform/ttion on fen0~(iitio~,'iiidd£fi0nsi'.~d~ Vr°Po~ed exp/nSions'~6
prope~-~sWned by thel Sc~bbl BoMc! tb a~e~'' Jih~ iavailability of pu~!ic
facilities/nd land Use con~{stehc~/, as/he ~ri~bisiaI rglates to future planned
improvements.
Policy 8.22.9.a
planners for the School Board, C0tmtv2 and cities shall be included in both
the de-oelipment of the school t6cation. ~riteria and the school siting
process_
Policv 8.22.9.b
The CF/v should~ initiate development of school location criteria so the
i6~a/~d~;o~p0/enfiat s~tes fo, i'~n~ ,schools car/be determined as eartv as
~ossibl~ so;that ~ites can be' acquli'e'd Well in advice of the need for the
new schools.
Policy 8,22.9.c
The CiW and School Board planners should consider makin~ schools and
thei/: lbc~/tion the focal point for new de,/elopments,
Objective 8.23
The City will inform the Bethesda I-Iealthcare Corporation, through
establishment of coordination mechanisms with the ~cthzza-a
~Corporation, *~'~ t-;,-, ..,:n :~e,~ ,~-~-- of the growth
plans of the ,City, and it-if necessary, the major factors influencing
economic and redeyelopment growth. From the coordination, the City
will b6come aware of the Corporation's needs and concerns as it
develops its master plan.
Policy 8.23.1
The City shall provide the Corporation with pertinent Comprehensive Plan
Elements, significant future amendments to the same, and requested
information concerning overall growth and redevelopment plans
z::~m~,cn of the City.
City of Bo5 nton Beach
EAR-based Comprehensive Plan
Amendments
8-16
Date: June 6. 2000
Intergovernmental Coodination Element
Policy 8.23.2
The City shall address, and Where appropriate incorporate, the comments
of the Corporation as they relate to population and furore growth of the
Cit:. m a non-sprawl fashion.
Objective 8.24
The City shall, through the Intergovernmental Plan Amendment
Review Committee, support the interlocal agreement to protect and
preserve the natural environment.
Policy 8.24.1 The City shall continue to participate in. and support where feasible the
efforts of Palm Behch County to acquire a~nd prese~e natural preservation
. areas and habitats within the City.
city of Boynton Beach
EAR-based Comprehensive Plan
Amendments
8-I7
Date: June 6, 2000
Intergovernmental Coodination Element
Goal 9.A
City of Boynton Beach
Capital Improvements Element
Goals, Objectives, and Policies
The CiW of Boynro~i, Bea'¢ti-,v,{!! ad~'~x-: sllatI ~aintai~: adequate capaciW for
~ea~ent ~d disPos~ 0f wastewater, i?t~! ~d m~nt~n adequate
~te~er Cot[ecfi0n ~d ~{ssi0n h~tie~¢ i~e~ steps to m~ize
~t~a~er flows: ~d ~b~-~pm~i~d, ~t~n:- s~fficient ~d equitable
~cmg to ~o~de se~ ~¢es~fo~-~ s~t~ se~r::~tem s customer.
Pc~cy 9,(.I.I
Policy 9,5.2. I
Policy 9.5.2.2
Pa!lzy 9.5.2.3
City of Boynton Beach
EAR-based Comprehensive Plan
Amendments
9-1
Date: June 6. 2000
Capital Improvements Element
Pc!izy %~..2.5
2! p ' ' '
fcc mz~.mzn*. tc thz Sc-ark Czn+~:! Waztz':,'zter Tr*a*.'nznt Plant '::il! ncr exceed
PoLw
Policy 9A.~..2
.......................... ; ...... ~ ............................. be u~d for
City of Boynton Beach
EAR-based Comprehensive Plan
Amendments
9-2
Date: June 6, 2000
Capital Improvements Element
Objective 9A.~_1
Prevention of Urban Sprawl. Development and redevelopment will be
6nc0uraged in ar~as presen~iy served adequately by existiiig sanitary
sewer facilities.
Policy 9A.l.1 Future development and red,evelopment in the City shall take advantaze of
~ existin~ sanitary sewer ~cil'[fles, w~e~e~r pi~sgible
Potable Water
[adequate potahle
Objective 9B.1
Policy 9B. 1.1
The City shall, take ~steps t9 minim~ incl~eases .in demands and urban
~'and'.~a~i~istiffi~ien~t~?'~ta~~ ~rm~ing measure's to
Pr°Vid~ se~ice~ ~b potable Water ~S~ ~to~
Xdequate and 'Effi~i~[ DiStribution F,~,j?ie~. The ~ity of Bovnton Beach
shall c6ntmue to ~ovid~-di~'t~btffibn; ~'to ~itg ~0t~bie wa~r c~tomers
~at are adequate to. meet flow leveis pro ecmd'in the Ci~'s Water Master
Policy 9B. 1'.2
Water Conservation. The City of Bovnton Beach will continue to minimize
demands for water to reduce system eXPansion costs and the need for
inci:~ased ~roUndwatbr withdrawals, ~ ~ ......
Policy 9B.t .3
Equitable Financin~ of System Improvements and Operations. The City of
Bbynton Beach ~hali 'c0htinu~:~6 fund" potable' water system Capital
improvements. ~'~pla~ement and re~h~biiiti~tlom and x3pei'atlon and maintenance
costs ~uch that ~osts are :bSr~e ~,'Sy§t~m cus~m~rs oh the basis of the
cost-of-service. ' ' '
Policy 9B. 1.4
Prevention of Urban Sprawl. Development and redevelopment will continue
to be encouraged in areas adequately served by existin~ water transmission
and distributi'0n facilities.
city of Boynron Beach
EAR-based Comprehensive Plan
Amendments
9-3
Date: June 6. 2000
Capital Improvements Element
Pali:y 9E. 1.2
Pa!icy 9E.1.2
Pc!icy 9B. !.a.
............ uth
fa i!iti th t p .... ~ ......... r
Poli ' ~u ~ ~
c5
Policy 9B.2.ff
POlicy 9B.3.I
rims i~gatizn azt!vitizz.
Ci~ of Boynron Beach
E~R-based Comprehensive Plan
Amendments
9-4
Date: June 6. 2000
Capital Improvements Element
Po!izy 9B.~. !
t~c!i;y 9B/.2
Pc!icy 9B.d .3
Po!icy 9B.d.d
chug: sys:gnn.
Ci~7 of Boynton Beach
EAR-based Comprehensive Plan
Amendments
9-5
Date: June 6. 2000
Capital Irfiprovements Element
Parks
Goal 9C
Objective 9C.1
Policy 9C.1.1
Policy OC. 1.2
Po/icy 9C. 1.3
Poiicy 9C. 1.4
Policy 9C. 1.5
Policy 9C.1.6
Objective 9C.2
Provide adequate open space and recreational facilities and programs to meet
the needs of present and future residents, including seasonal visitors, and
special groups such as the elderlY and handicapped.
'J/kcrc 'available :icao: cxlgtzB¥ 2002, the City shall provide adequate
automobile parking (excluding mini parks), bike rack facilities, and
handicap access to all existing and}planned, neighborhood and district
parks operated by the City by the Year 2000, where available space
exists.
The City shall Continue. ro gr0vide adequate automobile parking and bike rack
faclli~ies ~-ithin all ~3arl~s developed after the adoption of this Plan.
By~2~02, the :City, shall provide ;p.,arking and bike rack facilities
ufithin ali em~t. ifigl n~ighbortlo0d and district parks. Facilities shall be_
momtored as pa~ of: the. 0n-goln~ :~mntenance eff07 and deficiencies
~o~ected"w{tl:dn i~ months. Private Sponsorsfiiplof'bike racks will be
explored if.City fimding is inadeauare.
S .... ~ .............. v ...... The C~tv shall continue to exarmne the extent of
b~arner-~ee access, vathm neighborhood and &smct parks, and deficiencies_
wall be addressed 1n a Plan that sets the phasmg and funding. :. xzzeszaW
S ............... ~ .......... The C~ty shall amend ....... ~ the land
&velopm~nt regulations tO require that all future parks, and apphcable
facilities, include barrier-~ee ADA design for the handicapped, to be
retrofitted, if fimds are available, three parks per year.
The City shall provide:, contingent upon County assistance or support, the
Palm Tran .... ~ ~ ~:~ .... '~:~: ........ ~ ~, ~.~. c~. ~ shuttle service
for patrons of beach front park~ ~y . ..... :c :ta~y z ..... dctc-~r~2ne tho
By 200240x~, the City will provide additional access to the !ntraccastal
[ntercoastal WaterwaY.,_ ma/ntain cxlztlng *'~k. .... ga a...~_~..~. ~..~ City's
The City shall ensure additional public access to recreation sites bv
providing parks an~l r,eereation facilities using, in part, current
population data and pi'ojeetions, summary/recommendations "D',
City of Boynton Beach
EA~-based Comprehensive Plan
Amendments
9-6
Date: June 6. 2000
Capital Improvements Element
Policy 9C.2.1
proposed park development schedule, Table #2-Neighborhood Park
- Needs Analysis, Table #3-DiStrict Parks Needs and Analysis. and Table
Needs ~na,,s~s ....... ~ ...... ~ ...... t- ..................
persons,
City of Boynton Beach
EAR-based Comprehensiv~P~h
Amendments
and
Date: June 6. 2000
Capital Improvements Element
Policy 9C.2.2
Policy 9C.2.3
Policy 9C.2.4
Policy 9C.2.5
Policy 9C.2.6
Policy 9C.2.7
@bi cc?2.'c 9C.2
Pc!!:y 9C.2. !
O~Ujcctlvc 9C.a.
- For areas to be annexed, which are platted, developed, under development, or
have approved development plans in Palm Beach County, the level of service
at time of annexation shall be assumed to be that created by existing
neighborhood park facilities serving the area.
The City shall complete, or initiate, the development of facilities consistent
with Table -, - Nemhborhood Park Needs Analr'sts and Table ~ - District Park
Needs Analysis-14.
The City shall increase access to parks and recreation £acilifies by providing e
lighting, or plan for the provision'of lighting through project phasing, for all
futm-e active-recreation facilities. The lightin~ desi~.qn shall minimize impact
on adiacent residents and shall be compatible with adjacem property owners.
The City shall maintain, or increase, the existing level of activities that
comprise the City's contribution to the Community School Program.
By 2002. the City shall initiate development of strategic neighborhood ntan~
with parks as one com ne ~ one +~ r,:... ~t.~. .... 1..,. ...... *.,..
The City shall coordinate the design and development of future neighborhood
parks with private recreation facilities in the respective nmghborhoods.
:quip:ri:hr, ~d faci!iti:z.
ecmmnnicatian with the prapcr autharlti::.
Cit~ of Boynton Beach
EA~-based Comprehensive Plan
Amendments
9-8
Date: June 6. 2000
Capital Improvements Element
Objective 9C.$3_
Policy 9C.~3.1
Policy 9C.-5.3_.2
Policy 9C.~-3_.3
~_4
Policy 9C.~.
The Ci~ shall increase the proportion of residentiaL:developments that
provide private recreation areas, and i;~quii;e-:~ future private
r~e~tion :ar~as are~de~.~ltaped and e~ujpped so a~ to ~ the equivalent of
a~p~b~e ne~g~horh~d p~rg- ~
th~.~residenti~ ~vele~ents thav ~xceed 100 .dwe~ng units provide a
one-h~f mil~ b0m't~e project} ~hich'sad'shes the ~.5 ~c;~ per 1000 residents
LO8 st~d~&
e,+k ..... ~- m 6~ aa~d~n tThe City sh~l confin~ to enforce crz-:[d:
Sae~e cd~fia ~i~ ~e:Subdmmoz, ~a Piattmg Reg¢lanons ~at grade ~e
de~oomeat ~& hdli~ation~ of ~d~ate p~k ~e~ ~or private recreation
faci~fies.~e~ uaedsto.~a2~ ,the reqmremenm for~recmwng 50% cre&t
to4~d the Cgbli~ p~k &dichtion r~gkement, The Crleefia shall require that
the needs of residents are met in addord~ce Mth st~ds contained in this
el~ent. A ,study sh~k be,~conductg~ ~o dete~Ne the impact of ~is criteria,
ewecialty ~eg~dln~.;i~e ~pe. analogize of meni~es ~at, can receive p~hl
impact fee credit.
$,.~. ....... * +.. m,,. x,~^~+;~- *The City shall continue to reqmre that all
regiments of a PlarmedUnit Development project have access to at least a
portion of the private recreation areas provided, unless similar public facilities
are ;located, ,x~4thin :a one~half mite walking ~istance. A Planned Unit
Development with private recreation areas will qualifx for a 50% credit
against the required impact fee.
Sabc~u~-+ *~e v'a~n zd~F+:~", *The City shall continue to require the
dedication of sufficient land for.a neighborhood Park site at the time that the
following properties are rezoned or platted for residential use: K_nc!!wzzd
Grevzz, Klatt Property, ...-- .-. .. , and the Sand & Sea Mobile
Homes. Ifa.the need .for. pub!jo park acreag,e is nor indicated at the above
mentioned time, a fee shall sub~stimte the dedication of land. Mandatory
dedication is required~ when the public park_is greater than 0.5 miles away.
City of Boynton Beach
EAR-based Comprehensive Plan
Amendments
9-9
Date: June 6. 2000
Cap ~;al Improvements Element
Policy 9C.~-3_.5
-~ .... n .............. r?,v.., tThe City shall continue to require a minimum
- of 6 acres per 1,00(t pop.Illation park dedication, fees in lieu thereof equal to
the value of the land to be dedicated, or a combination of fees and land.
Policy 9C.g3_.6 ..... . .......... ~a~_~ .... a;~, +~.= io.a a~.,~, ...... The Ciw shall
continue to enforce regulations ...................................... r ........
tke CiU' :ha!! which require the dedication of lakefront park sites in residential
developments. Such recreation areas adiaeent to water should be considered as
minimum criteria for receivt of a 50% credit.
Objective 9C.8,L[_ The City shall provide public access to two native habitat sites for the
purpose of providing a nature study area by the year !995 2002 consistent
with the development schedule for seacrest scrub.
Policy 9C.g~-_. 1
........... ~ ............ ~.~, .... In order to ensure
~e'prese~ation of imposer na~al ~eas and rese~ations. ~e CiW shall, by
2002, identi~ scrub sites to be developed as a nature study ~ea and identi~
CiD- of Boynton Beach
EAR-based Comprehensive Plan
Amendments
9-10
Date: June 6, 2000
Capital Improvements Elemenl
the appropriate public or private fundin~ mechanismlst or source(s)
- appropriate for such a scrub preservation prolecu
2000.
Goal 9D To ensure the orderly ~d efE4ciem, pro~siqn,of ali ,p~blic services and
facilities necessary to sen e existing ~d fUtUre local population needs·
Objecti~,e9D.1 .T~),decel~p ~ e0mpreh~3sivefand:coordlnaied~fUmlingt~trategy for the
impiementati0n of~exis~'ior'aiiticiPa~d~,~api~ta[~im~pr~o~-¢ment needs as
id;ktified in the~ adop~di, v,Capital,:lmPlmv~e,men~i~;~nient, the local
ComPrehensive Plan or ~hro,ugh othei' local planning efforts.
~i;~k~,,x .... dam 5{fch!:loeat:ca~ital,~mieCt ~evi~ ~iteria which, at. a
m~im~ obj~tively pd0fi~es proj~ts :on ~e bas~ of,consistency with
relatk~e, magnitude' ~4 tCm~og ~ed~,iint~ov~,~co~ts, the
ability to ~e adv~tage of o~er j~sdicfion~ capit~ improvements, ~d
ove~l b~g~ ~pams.
Policy 9D. 1.2 ~The~Cit~h~/corn[hue p~eco~e ~at capital exp~mres necess~ to
m~t~n 0r improve e~ing hcilities t~e prec~at over exp~si~ or
~ficipated ~e hciliWneeds,
PolicygD. 1.3 ~. , : '- ', ~he CiW sh~l monitor ~d evaluate ~e Capital
Improvements Element ~ _~ ~ual basis_~d m~ the CiW's Capital
Improvement Progrm in conj~ction wi~ ~u~ budget deliberations ~d
adoption,
Policy 9D.1.4
By Jmuz' 1999, cr'whzn rzq~md by izgiz!nt?z mzndztz, zztzb!ish The Ciw
shall maintain budget review procedures which recognize th: needs and
utilizes priority criteria to fund capital improvement needs of the various
Comprehensive Plan Elements.
e.,*, ..........~'~ oa^-+:~n +The City shall annually update the Five Year
Policy 9D.1.5 ~ ....~,- ,~ ....... ~' ..... '= - .
Cavital Imvto,zements Prpgram and accompanying Capital Budget and submtt
to the. Commission a fir, all,zed Capital Improvements Program budget prtor to
January 1st of each calendar year.
City of Boynron Beach 9-11 Date: June 6. 2000
EAR-based Comprehensive Plan Capital Improvements Element
Amendments
Policy 9D.2.5
Level of Service "C" or better under daily and peak hour conditions on ail
unspecified:City Iocal and collector highway facilities.
Level of Service "C" for average daily and Level Oof Service "D" for ]
dally peak season and year-round peak hour conditions on all
non-specified arterial facilities.
Level of Service "D" for year round daily and peak hour conditions on
Seacrest Boulevard south of SE 23rd Avenue, US 1 between Boynton
Beach Boulevard and Woolbright Road. 1-95 through the City, Boynton
Beact~ Boulevard from Old Boynton Ro~ to 1-95, NW 22nd Avenue
between Congress Avenue and 1-95, Congress Avenue between Boynton
Beach Boulevard and NW 22nd Avenue and for Boynton Beach
Boulevard east of 1-95.
Level of Service-- "Maintain" for all facilities where Level of Service
standards have been exceeded.
Capital improvements shall not be made which are inconsistent with the
development and redevelopment policies concerning the coastal high-hazard
area. Capital improvements which reduce or eliminate existing public hazards
shall be givenpriority as pan of the annual and five-year evaluation of capital
improvements pr6jects. Capital improvements related to water and sewer
service shall be based upon the assumption that all land ~vitkin the utility
service areas:will eventually be developed for urban land uses served by
central water arid sewer systems.
Capital improx?ements related to parks, recreational facilities, roads, drainage,
and solid waste shall: be based upon the assumption that all land east of
Lawrence Road 'will eventually be annexed into the :City and will be
developed for urban land uses.
All development orders and permits shall require evaluation either by the
applicant or by City staff to determine whether public facilities are available
concurrent with the impacts of development. For minor projects and
development of individual lots which are vested, this concurrency evaluation
may be done on a cumulative basis at least once per year.
Alt community redevelopment plans adopted by the City Commission shall
include an evaluation of public facilities which serve the redevelopment area
m determine whether the levels of service contained in the Plan are met, and
to examine sources of funding for any necessary capital improvements related
to these public facilities.
City of Boynmn Beach
EAR-based Comprehensive Plan
Amendments
9-I3
Date: June 6. 2000
Capital Improvements Elemem
Policy 9D.2.6 The City shall continue ro coordinate capital improvement projects with plans
- of agencies that provide public facilities within the City as follows:
Policy 9D.2.7
Policy 9D.2.8
Boynton (C - 16) Canal:
In-pa_~icular~ the.findings and recommendations:iconcerning the primary
drainage facilities shalt.bel cobrdinated ~<the~South .-FIorida .-Water
.-M~,District, and Lak_e ,Worth .-Drainage ~District. as a part of the
c~?eatien of this master pian. '
Tl~¢_Citjt's.'~draigag¢.¢~as~er plan:shall, b~-~coordinated:~ith the drainage studies
[n~a~a~:~ate~y: ~ ~ . .
~ desi~ of public ~acilifies whjck~e~0ge,,)a~j¢¢~o, or in LaKe WOHh or
the In~a~t~ wale~ay Shall Comply with~ the ~q~rements of ~e inI~d
Na~ga~a-E~ict ~d the A~y Co~S of E~gineers.
State Highways (Interstate U.S. Highway 1,
(Table 20 of
the all of
the i the Palm Beach
Cra!my ~ranspormtion I of the improvements
listed~, ia ~5-Year Transportation
by
maintain the adopted
levels of servtce the dedication of the
necessary the City shall
cogt~nue to 19bby Palm ~B~h.~u,q.~, ~ c0,~tm.~ !,~M, etropolitan Plarmin~
0~, and ~_~_e. Florida D of.~zaasportatlon in order to
ensure funding, and constru~I~r~ q o~s to state highways.
Priorities for replacement, c providing for
shall be determined
reflected in such that the
improvcm~ms needed first ~ public
hea~th sha}l receive first priority, ' the
adopted level of service~ shall receive second I~riori~i ~and all other additional
issues shall be implemented, as ~ee~e~d to r~intai,'n.~l~erational efficiency in
the City. . ~
City of Boynton Beach
EAR-based Comprehensive Plan
Amendments
The City shall mamtam ~ ................... :eve!s of service for public
facilities:, ..............
%14 Date: June 6. 2000
Capital Improvments Element
of services if it meets any one of the criteria set forth under (a), (b), or (c)
- below:
A Developmem of Regional Impact development order has been issued
prior to the date Of adoption of the Comprehensive Plan or the City has
issued a final local development order and development has commenced
and is continuing in good faith. The definition of development shall be
that contained in Section 380.04, Florida Statutes.
b. A develppment order or permit has been issued which meets any one of
the criteria set forthunder (1), (2), or (3) below:
For deyelopment orders and. permits for which a building permit only
is required, and site plan approval and/or platting is nor required: The
development order or permit is for the construction of a single-family
detached or duplex dwelling or addition ro same, or conversion of a
single-family dwelling to a duplex, on platted lots within subdivisions
which were recorded prior to January 13, 1978.
For development orders or permits for which site plan (which includes
conditional use) approval is required and a building permit is required.
but platting is not required: Construction of improvements on a parcel
in accordance with a site plan (or conditional use) which has been
approved for the parcel, and such approval, or any time extensions
thereto, occurred prior to.the date of plan adoption. Such projects shall
be vested until site plan approval or the last time extension for same
lapses, including any revisioris submitted during this time which do
not increase the demand for pubhc facilities compared to the original
project. Approval of any revisions shall lapse, however, when original
site plan aPProval or last time extension lapses. Such projects shall be
vested for furore time extensions or for revisions that are submitted
after the site plan approval or last time extension lapses, or for any
revisions to the extent that tl~e demand for public utilities would be
increased. A site plan shall be construed m have lapsed if an
application for building permit for the project is not submitted within
one (I) year of the date of the approval of the site plan.
For development orders or permits for which both platting and a
building permit are required, or for which platting, site plan approval,
and a building permit is required, the following shall be vested:
Ail development orders and permits within a subdivision for which the
master plan was approved or time extension for same was approved
prior to the date of Comprehensive Plan adoption, until the subdivision
master plan approval or the last time extension lapses, including any
revisions submitted during this time which do not increase the demand
City of Boynton Beach
EAR-based Comprehensive Plan
Amendments
9-17
Date: June 6. 2000
Capital Improvements Element
Policy 9D.5.3
Policy 9D.5.4
for public facilities compared ~o the original project. Approval of any
revision shall lapse,- however, when the original master plan or last
time extension lapses. A project shall not be vested for future time
extensions or for revis}ons that are Submitted after the subdivision
master ptan or last time~extmision 2fipses,. fo'r any revisions to the
extenr~, at the ,demand~ for publlmfacillti~s~creases. A subdivision
master plan, ~hal[ be{construed, :t0 have-lgpsed if a preliminary plat for
the ~rst pha~e.of the~prcject ii not~sffbmi,~ed Within 18 months of the
date of master plan approval, or the final plat for the first phase of the
p~oj ec~~ has :not been.s~braitted -v~i~:;1 ye~r,.o f'.the date of approval of
the'¢retimi~ l~lat, ~fr!d0ns~u¢~0i~ :b~t~e:feq~red icpro.vements for
tke ~lat of the' ~rst pha:,se 0f'the.br°}ect h~s not ~0mmenced within 1
c Proiects V~hich,~We~e-ttti~-subjects ~bfs!~rt orders regarding [and use,
· zoning pl~g~ u~.~d~elbt~ent-~f~ipm:cel. Development orders or
permits wh~ch~mte [~,}ub~tl~0f~0r:~red '~y such court orders shall be
consumed {o b~-~st~d ~r~/iS i~6n~:~st~e;~0~ order remains in effect.
The' City may ado?r more res~rietiYe,criteri~ for vesting with respect to fa) and
(b) above, in its-eode of 0rdifiankes,' or'c6r~c!~ency management system, but
shall not adop~ less re'strlcti~e,.~riteria for vesting.
The City shall; maintain, 'eztzbEsk'a maximum; debt capacity in constant dollars
based 0nestabli~hment 6f the:ifroper debt servtee ratio prior to June, t990.
The C~ty shall contanue to,. enforce ~a ....... ~. - ~, ~.-. ~-~ .............
~ts Coneurrency Managemen~ Ordinance, the provts~ons which address and
ensure-the availability of public facilities to ~serve development projects for
whtch development orders: v¢ere issued prior to the effective date of the City s
Concurrency Management Ordinance, as follows ( exempt projects shall be
defined as those projects ~vhich 'aie not :reqnired to demonstrate that
concu.rrendy requirements:have been met, in order to proceed):
a. Potable Water
Populations ofexempt~projects shall be taken into account ~n determining
whether level of service would be met for hew projects and projects which
are not exempt. New projects or projects which are not exempt stroll not be
such approved or permitted if such approval or permitting would cause the
level of service not to be met.
b Sanitary Sewer
PopUlations of exempt projects shall be taken into account in determining
whether' the level of serGce would be met for new projects and projects
City of Boynmn Beach
EAR-based Comprehensive Plan
Amendments
9-18
Date: June 6. 2000
Capita[ Improvements Element
which are not vested. New proje~ts or projects which are not exempt'shall
not be approved or permitted if such approval or permitting would cause
the level of service not to be met.
c. Drainage
Demand for drainage facilities which would be created by exempt projects
shall be taken into account in determining whether the level of service
would be met for new projects and projects which are not vested. New
projects :or projects which are not exempt shall not be approved or
permitted if' such ~approval or permitting would cause the level of service
nor to be met. Exempt projects shall be required to comply with any
drainage requirements of the South Florida Water Management District,
Lake Worth Drainage District, and City which were in effect at the time
the project was approved.
d. Solid Waste
Populations of .exempt projects shall be used in determining wuhether the
level of service would be met for new projects and projects which are not
exempt. New projects or projects which are not exempt shall not be
approved or permitted if such approval or permitting would cause the level
of service not to be met.
e. Recreation Facilities
Populations of exempt projects shall be taken into account in determining
whether the level of service would be met for new projects and projects
Which are not exempt. New projects or projects which are not exempt shall
not be approved or permitted if such approval or permitting would cause
the level of service not ro be met. Existing or approved private recreation
facilities serving exempt residential projects shall not be reduced in
number and/or size below the adopted levels of service for such facilities.
f. District Park Acreage
Populations of exempt projects shall be taken into account in determining
whether the level of service would be met for new' projects and projects
which are not vested. New projects or projects which are not exempt shall
not be approved or permitted if such approval or permitting would cause
the level of service nor to be met.
g. Neighborhood Park Acreage
For Projects in the City:
Cit~ of Boynton Beach
EAR-based Comprehensive PIan
Amendments
9-19
Date: June 6. 2000
Capital Improvements Elemen[
Policy 9D.6.1
Policy 9D. 6.2
Objective 9D.7
The Capital improvements Program will be reviewed annually to meet the
- needs of the City.
The City shall enforce the ad:F: a :oncurrency management system ~y Jzne
~990 to ensure that public facilities and service$~eed~d t.o maintain adopted
levels of service Standards are available concurrent with the impacts of
development,, The: concurrency , management: system shall follow the
guidel~es and,~meet .the requirement s.~establisl~ed ,in Rule!nte~9J-5.0055, F.A.C.
Policy 9D:7, t:
Comprehensive Plan ulSd~te.
as
:lxe Atlantic IntracoastaI
~era major storm event. The
manner. The
to the Five Year
City of Boymon Beach
EAR-based Comprehensive Plan
Amendments
9-2l
Date: June 6, 20~0
Capital Improvements Element
Response to Objections, Recommendations And Comments Report
Proposed Comprehensive Plan Amendment
City of Boynton Beach
Amendment 00-1ER
Consistency with Chapter 163, F.S.; and Rule 9J-5 & 9-11, F.A.C.
The City of Boynton Beach, in Palm Beach County, has proposed a
Comprehensive Plan Amendmen't, based on the City's Evaluation and Appraisal
Report (EAR) adopted on April 1, 1997. The proposed Amendment consxsts of
updating all of the Elements of the City's Comprehensive Plan as anticipated in
the EAR. The proposed EAR-based Amendment includes four Future Land Use
Maps (FLU'M) changes. The City has also proposed a non-EAR related FLUM
chfi~nge. The City proposed to adopt this Amendment in May of June of 2000. The
Department has identified the following objections to the proposed Amendment:
A. EAR-based Amendment
Transportation Element
Objection L The Transportation Element does not include future transportation
maps identifying the major pubhc transit trip generators and attractors
based upon the future land use map; and the projected peak hour levels of
service for transportation facilities for which level of service standards are
established.
Response: The MPO generated 2020 throughfare system and 2020 pedestrian
facilities are included as support documents. The Public Transit System
Map implicitly indicates the location of major public transit nip generators
and attractors ar various terminals. The map will be expanded, however, ro
explicitly indicate the mp generators and attractors based on the Future
Land Use Map. The projected peak hour level of service is contained in
the Evaluation and Appraisal Report as Map 2.9.
Objection 2. The Transportation Elemem support documentation indicated that
transit market share for Tri-Coumy Rail and Palm-Tran, as well as
pedestrian and bicycle facilities, would have to increase in the City
through transportation demand management (TDM) surategies in order to
modify peak-hour travel demand, However, the City did not include a
policy in tiffs Element establishing TDM programs.
Response: An explicit TDM oriented policy to establish a transportation
management organization as an implementing vehicle for the TDM will be
added above and beyond what is implicitly indicated in Objective 2.7 and
2.8, pending the City's concurrence with the costs and Staff implicatiun of
a TDM public[private partnership and responsibilities.
city of Boynton Beach. Florida
Response to Objections. Recommendations, & Comments Report
Amendment 00- i ER
Date: June 6. 2000
Page I of 5
2,8, pending the City's concurrence with the costs and Stuff implication of
a:TDM public/private partnership and reiponsibilities.
city of Boynton Beach, Florida
Response to Objections, Recommendations, & Comments Report
Amendment 00-1ER
Date: June 6, 2000
Page 5 of 5
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XZ-LEGAL
ITEM A.9
. Requested Cit~ Commission
_Meeting Da~es
[] March 21, 2000
[] April 4, 2000
[] April 18,2000
[] May 2, 2000
NAmiE OF
AGENDA ITEM
Date Final Form Must be Turned-
in~o City Cbrk's Office
March 8, 2000 (5:00 p.m.)
March 22, 2000 (5:00 p.m.)
April 5, 2000 (5:00
April 19, 2000 (5:00 p.m.I
[] Adminis~'ative
[] Consent Agenda
[] Public Hearing
[] Bids
[] Announcement
Requested City Commission Date Final Form Must be Turned
Meeting Dates in m City Clerk's
[] May [6,2000 May 3, 2000 (5:00 p.gn./
[] June 6, 2000 May 17, 2000 (5:00 p.m.)
:[] June 20, 2000 June 7, 2000 (5:00 p.m.~
;~ July 5~ 2000 June 21,200¢(5:00 p.m.)
[] Development Plans
[] New Business
[] Legal
[] Unfinished Business
[] Presentation
RECOMMENDATION: Please place the request below on the June 20, 2000 City Commission agenda under Legal,
Ordh~ance, 2nd Reading. As you ma)' recalL this request was approved at the lune 6, 2000 City Commission meeting (there
are nqconditiuns recommended by staff nor the Planning and Development Board) to amend the Land Develop
Regulations to establish a new section for ovei'lay zoning districts, the Martin Luther King Boulevard Overlay ~q;t~i'L and
corresponding setbacks. Staffrecommends this request be approvedi
EXPI~ANATION:
PROJECT NAME:
AGENT:
DESCRIPTION:
MARTIN LUTHER KING BOULEVARD OVERLAY DISTRICT
Michael Rumpf/City of Boynmn Beach
Request to emend the Land Development Regulation Chapter 2 Zoning to establish a new section
for overlay zoning districts, the Martin Luther King Boulevard Overlay District, and
corresponding setbacks.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERIqATIVES: N/A
Pl in
Manager s Signature
City Atrgrney / Finance / Human Resources
ORDIN~CE NO. 0 00-~0
AN SSION OF
THE~ CITY OF FLORIDA
AMENDING LAND DEVELOPMENT REGULATIONS,
CHAPTER 2. ZONING BY CREATING A NEW
SECTION
Pt~GlfIDING
sEVERABI]
upon- re~Q~mnend~On~ of~ staff, the City
tha~ .the- escabtishmen~ of the
i~_,Luther King Boulevard. Overlay Zone and corresponding
setback regulations the inc~emen=al
implementation of uhe-vision 2~/20 Redevelopmen~ Plan~ an~
one of : four,
redevelopmen~
speczfically
the Martin Lu~herKing Boulevard Corridor ls
(4) primaL-f distric~ iden=ified by the
plan, and i~ bein~ processed_ first to
guid~ developmen= cUrren=ly proposed along the
corridor;
NOW THEREFOR~ B~ I~ OP. DAZ~ BX ~ CZT~ COMMISSION OF
TH~CI~OF BOYNTON BEAC]~, FLORIDA'. T~AT=
Sec=io~ 1. Chapter 2, Zoning, i~ hereby amended by
adding th~ word, and figures in underlined t~e, as follows:
Sec. 8.5 Overlay Zones
A. Martin Luther King Boulevard Overlay Zone
1.. Gene~aI- With the co~letion of ~he V~sio~
20/20 Redevelopmenu Plan, uhe City idenuified a se~men~
of the Martin Luther Kin~ Boulevard'as ~n area ~n nee~
redevelopmen= and revitaliza=ion- This section
~=~"~ ~'-~idor wi~ oedestrian
~ovemen~s, suorefron~s alon~ the sidewalk, anda
mix~ure of uses. The corridor is to contain a~
and bui~
~pearance, po~ued landscaping, s~ore windows and
public open spaoes. Ail ~evelopment within the Maruln
Luther King Boulevard corridor Shall o~-cur according to
~e provisions of the adopted plan as s~ttated below.
2. Defined. The Martin Luther King BnUievard
Over!~ ' Zone is h~
of
parcels
3 .
with thos,.
south of
if assemb~
~s. As currentl, defined, in
4. ronlb!ted uses. Reserved
S. Development standards.
a. Front setback. Parcels the= hay,.
frohta~e along Martin Luther King Boulevard shall haY.
a minimum front setback of 3 feet and a maximum fron(
secback of 12 feeu.
b. Minimum side setback from incerlor !ol
lines shall be S feet, and a minimum of 3 feeu and ~
~aximum of 12 feet from corner lot lines.
c. Maximum buildin~ height shall be 30 feet
and suDjecu to other provisions of Chapuer 2(4) (F).
d. Lot regulations s~a~ed within Cha~5er~
2(5) (G) and 2(6) (B) except where superseded by the
~egulations sua~edherein.
6. Signs. Reserved
7. Design Standards. Reserved
8. Landscaping. Reserved
9. Parking. Reserved
Section 2. All laws and ordinances applying to the
li~y of Boynton Beach in conflict with any provisions of
this ordinance are. hereby repealed.
Section 3. Should any section or provision of this
Drdinance or any pot=ion thereof be declared by a court of
competent' jurisdic=io~ to be invalid, such decision shall
not affec~ the remainder o~ this Ordinance-.
Section
immediately.
This Ordinance shall become effective
FIRST READING ~his
day of June, 2000.
SECOND
June, ~OO0.
FINAL READING AND PASSAGE this __ day of
CITY. OF BOYNTO~ BEACH,
FLORIDA
Maypr Pro Tem
commissioner
EXHIBIT B
Overlay Zo n.e~-
~,) Martfn~uthar King Boulevard Over/ay Zone
1. General. With the completion of the Vision 20/20 Redevelopment Plan,
the City identified a segment of the Martin Luther King Boulevard as an
ares in need of redevelopment and revitalization. This section iS created
to imp[ement the development and design recommendations Jn the
traditional street corddor with
of uses. i the'Sidewalk-, and a mixture
supported by pleasant
potted .landscaping,: store windows,
the Martin- Luther King
plan as
uther Ki
o
7.
8.
9.
'SC
de,xelopment as a unifiec[ project
Prohibited uses. Reservec~
Sfgns. Reservec[
and
the if and
and Chapter
frontage along MLK Boulevard shall
feet and a maximum front setback
shall be 5 feet, and a
r corner lot lines.
be 30 feet and subject to other
and 2(6)(B) except
TO:
FROM:
DATE~.
SUBJECT:
~EVE~OPMENT DEPARTMENT
EM~RANDUM NO. PZ
Chairman and Members
Planning and Development Board
pianning and Zoning Director
April 21 2000
be defined
distrfcts
and' Wes[ o
.djacent to the, parCels that front on the street
The addition of'this oveday to the' zoning distdct is
of large-scale
Planning and Development Board Headng and the
20% 2000.
through a
uses
zoning
Zone and
'etd
and limit
14) pfima~
, guide
basic
the MLKB located
those properties
Vision
:0rridor. Text and
round
the June 13% 2000,
Commission on June
· public input is gathered
the area and the
~overtay, the undenying
The subject corridor is currently zoned C-2.
portion zoned R-2; Single
C-2 zoning districts are in
Regulations. The minimum front
development with parking uP front anti
destination-oriented anct does not promote
with' the central
for the R-2 and
Land Development~
stdp center
gement
a corridor.
ANALYSIS
-~e MLKB Ovedav would include those properties fronting; along that portion of the MLKB located east of
~acrest Boulevard and West of the FEC Railroad Rig'S;of-way, and would include those ~roperties
adjacent to the parcels that front on the street.
Memorandum No. PZ 00-110
Martin Luther KJng. B0uJevard Overlay
The r~roposed setbacks, compared with existing setbacks, are shown below (.also see. Exhibit "B"):
W~th
Beach,
3'he m/n/mum setback
12 feet max/mum.
Permitted
in, PaJm
the
~he
iR:dh
MARTIN LUTHER KING JR BOULEVARD'
OVERLAY DISTRICT EXHIBIT "A".-. ;· ~-
FIE
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XI'-LEGAL
ITEM A. IO
ORDINANCE O0- l
ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA CREATING CHAPTER 5 OF THE
CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH,
ENTITLED "CABLE SYSTEMS", REGARDING THE FRANCHISING
AND LICENSING OF CABLE SERVICE PROVIDERS AND OPEN
VIDEO SYSTEMS; ESTABLISHING REQUIREMENTS AND
CONDITIONS-UPON THE USE OF PUBLIC RIGHTS OF WAY BY
SUCH ENTITIES; AND ESTABLISHING PROCEDURES FOR
PROTECTING THE PUBLIC INTEREST IN SUCH FRANCHISES
AND LICENSI~ES)~'rPROVIDING FOR CONFLICT; pROVIDING FOR
SEVERAB~Z'F!; PROVIDING FOR INCLUSION; PROVIDING FOR
EFFECTIVE DATE.
WHEREAS, the public streets, alleys, easements and other fights-of-way within
the city:
(I)
are critical to the travel of persons and the transport of goods and other
tangibles in the business and social life of the community by all citizens;
(2) can be partially occupied by utilities and other public service entities for
facilities used in the delivery, conveyance, and transmission of utility and public services
rendered for profit, to the enhancement of the health, welfare, and general economic well-
being of the city and its citizens; and
(3) are a unique and physically limited resource so that proper management by
the city is necessary to maximize the efficiency and to mirfimizc the costs to the taxpayers
of the foregoing uses and to minimize the inconvenience to and negative effects upon the
public from such. facilities' construction, emplacement, relocation, and maintenance in the
rights-of-way} and
(4) are intended for public uses and must be managed and controlled consistent
with that intent; and
Page 1 of 43
1 -~vVHEREAS, the right to place facilities and fixtures in such rights-of-way for the
2 business of providing cable semrices or open video services is a valuable economic right to
3 use a unique public resome that has been'acquired and is maintained at, great expense to
4 the city and, its taxpayers, the economic benefit of which should be shared with the
5 taxpayers of the city; and~
6 WHEREASv the CITY OF, BOYt, rI~N' BEACH ('~Ci~') is authorized by state and
7 "local law' to control the use of public rights-of-way, and to franchise operators of open
8 video systems and cable systems Which use such fights-of-way; and
9 WHEREAS, the City C6mmission of the City finds that it is in the interest Of the
10 public to franchis~ and to establish standards for franchising such operators in a manner
11 which:
12 (1) provides for a structure that, as far as possible, compensates the city for the fair
13 market value of such property used while also reserving the right to recover the ongoing
14 costs associated with the use of that property;
15 (2) encourages competition by establishing terms and conditions under which may
16 use valuable public property to serve the public;
17 (3) fully protects the public and the city from any harm that may flow from such
18 private use of rights-of-way;
19 (4) protect, and carries out the regulatory authority of the city, in a manner
20 consistent with federal and state law; and
21 (5) otherwise protects the public interests in the development and use of the city's
22 infrastructure; and
23 WHEREAS, the City Commission of the City finds that it is appropriate for various
24 operators to obtain separate franchises based on the type of service provided, in order to
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ensure ~hat similarly situated operators can be treated as similarly as possible, and to avoid
confusion as to regulatory authority applicable to each type of franchise; and
WHEREAS, in fight of federal and state law, and the changes to local procedures
required by them, the city finds that it is necessary and appropriate to apply the provisions
hereof to existing franchisees and licensees as far as is possible and to apply it to those
with pending applications to place facilities in public rights-of-way.
NOW, THEREFORE~ BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA:
Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby
ratified and confirmed by the City Commission.
Section 2. Chapter 5, of the Code of Ordinances of the CITY OF BOYNTON
BEACH, entitled."Cable Systems", is hereby created to read as follows:
Chapter 5
CABLE SYSTEMS AND OPEN VIDEO SYSTEMS
ARTIt?r.~. I REGULATION OF RATES FOR BASIC SERVICE AND
Sec. 5-1. Scope and applicability.
This article governs the regulation of rotes for basic service and equipment within
the city for any franchisee which has been notified that (a) the city has been certified to
regulate its basic service and equipment rates; (b) the city has adopted regulations
governing regulation of basic service and equipment rates; and (cJ the city desires to
exercise its regulatory authority. * * *
See. 5-2.- 5-5. Reserved.
ARTICLE II - FRANCHISING AND LICENSING OF CABLE AND OPEN
VIDEO SERVICE_PROVIDERS
llA. General Provisions
Sec. 5-6. Definitions.
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-{1) - Generally. For the purposes of this Article, the following terms, phrases,
words, and abbreviations shall have the meanings given herein, unless otherwise expressly
When not inc. onsistent with the context, words us,e~ in the present tense include the
is m the [ nUmber inclUde lhe sin~ nUmber; and ~vords in the
include ~ber; and the masculine gender includes the
d a readconjunctivelyord~sjunetively. Thewords
in Title 47
~o herein are
goverllm~nt
now in force
or mended.
(2) A_?,_!iate, means a person that, (directly or indirectly), owns or controls, is
owned or controlIed by; or is under common ownership or control with, another person.
(3) Cable service means
(A) the one-way transmission to subscribers of (i) video programming, or (ii) other
programming service, and
(B) subscriber interaction, if any, which is required for the selection or use of such
video programming or other programudng service.
(4) Cable System means a facility, consisting of a set of closed transmission
paths and associated signal generation, reception, and control equipment that is designed to
provide cable service which includes video programming and which is provided to
multiple subscribers within a community, but such terms does not include (A) a facility
that serves only to retransmit the television signals of one or more television broadcast
stations; (B) a facility that serves subscribers without using any public right-of-way; (C) a
facility of a common carrier which is subject, in whole or in part, to the provisions of
Title II (Common Carders) of the Communications Act of 1934, as amended, except that
such facility shall be considered a cable system to the extent such facility is used in the
transmissionof video programming directly to subscribers, unles~ the extent of such use is
solely to provide interactive on:demand services; or (D) any facilities of any electric utility
used solely for operating its electric utility systems; or (E) an open video system that is
certified by the FCC. A reference to a cable system includes pedestals; equipment
enclosures (such as equipment cabinets), amplifiers, power guards, nodes, cables, fiber
optics and other eqmpment necessary to operate the cable system.
(5) Construction, operation or repair. "Constmcnon, operation or repair" and
similar formulations of that term means the named actions intezpreted broadly,
encompassing, among other things, installation, extension, maintenance, replacement of
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components,..relocation, undergrounding, grading, site preparation; adjusting, testing,
make-ready, and excavation.
(6) Franchise refers to the authorization granted by the City to an operator of a
cable system, or an open video system giving 'the operator the. non-exclusive right to
provide, through facilities maintained or operated upon; across, beneath, or over any public
fight-of-way in the City, a specified, service~ within a franchise area. Any such
authorization, in whatever form granted, shall not mean or include: (i) any other permit or
authorization required for the privilege of transacting and Cau3ring on a business within the
Ci~ required by the ordinances and laws of the City; (ii) any pemait, agreement or
authorization requited in connection-with operations on public streets or property
including, without limitation, permits and agreements for placing devices, on erin poles,
conduits or other structures, whether owner[by the City or a private entity, or for
excavating or performing other work in or along public rights-of-way,
(7) Franchise Agreement mean.q a contract entered into in accordance with the
provisions of this Ordinance between the City and a Franchisee that sets forth, subject to
this Ordinance, the terms and conditions under which a Franchise will be exercised.
(8) Franchisee refers to a person holding a Franchise issued under this
Ordinance, or a Franchise issued prior to this Ordinance,. subject to the provisions of
Section 5-12 hereof~
(9) Franchise Area means the area of the City that a Franchisee is authorized
to serve by its Franchise Agreement.
(10) FCC means the Federal Communications Commission or its designee.
(11) License refers to the legal authorization, terminable at will, to use a
particular, discrete and limited portion of the public tights-of-way.
(12) Open Video System; Or "OVS", refers to a facility consisting of a set of
transmission paths and associated signal generation, reception, and control equipment that
is designed to provide cable service, which includes video programming, which is provided
to multiple subscribers within a community, and which the Federal Communications
Commission or its successor has cedi'""~ed as compliant with Part 76 of the Rules of the
Federal. Communications Commission, 47 C.F.R., Part 76, as amended from time-to-time.
(13) Operator, when used with reference to a system, refers to a person (a) who
provides service over a cable system or an open video system and directly or through one
or more affiliates owns a significant interest in such facility; or (b) who otherwise controls
or is responsible for, through any aerangement, the management and operation of such a
facility.
(14) Person includes any individual, corporation, partnership, association, joint
stock company, mast, or any other legal entity, but not the City.
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'(15) ' Public righ~-of-way means the surface, the air space above the surface, and
the area below the surface of any public street~ highway, l~ne, path, alley, sidewalk,
boulevard, ~
include 1
herein;
3be a
may have
~ire, Of
to, voice, video, or
Joes not include over-the-air
the Federal Communications
Commission or any successor thereto~.
(!'7) Transfer means any transaction in which: (i) all or a portion of the cable
system or open video system is sold or assigned (except a sale or assignment that results in
removal of a particular portion of the facility from the public fights-of-way); (ii) there is
any change, acquisition, or direct or indirect transfer of control of the- tSanchisee or
licensee; or (iff) the rights and/or obligations held by the franchisee or licensee under the
franchise or license are.transferred, sold, assignecL o, leased, in whole Or in.part, directly or
indirectly, to another party. Lu succeeding provisions of this ordinance, all these activities
are referred to as franchise transfers;
Sec. 5-7: Franchise Requ/red.
(I) Every operator mu~t obtain. A cable operator must obtain a franchise prior
to constructing a cable system or providing cable service; an operator of an open video
system must obtain a franchise before constructing an open video system or providing
sermces w~ an ope~. video system. No franchise shall become effective without the
Franchisee entering into a franchise agreement with the City. The fact that a cable system
or open video system may be used for multiple purposes does not obviate the need to
obtain a frunehise; license, or other authorization for those other purposes. By way of
illustration and not lim:tation, a cable operator of a cable system must obtain a cable
franchise, and, should it intend to provide telecommunications services over the same
facilities, it must comply with requirements applicable to providers of telecemmunications
services or to operators of telecommunication facilities.
(2) Purpose and characteristics. The purpose of requiring authorizations b),
sexvice is to ensure aa far as possible and appropriate that persons providing similar
services are treated similarly, considering differences in circumstances, and to comply with
requirements of federal law which may require the city to separate its authority over eabte
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system~ or open video systems fi:om its authority over other providers of
telecommunications ser,aces, the city shall require individual franchises for the provision
of particular services~ The revocation of a franchise for one particular service in and of
itself will not affect the authority of a franchise holder to continue to provide services for
which it holds other franchises. No franchise shall be exclusive and competition shall be
encouraged. The issuance of it franchise shall not affect the city's right to itself consWact,
operate, or repair any cable system or open video system~with or without a franchise.
(3) Exceptions. A franchise requirement may be waived for a cable system or
an open video system that is not designed to provide service in the city, and that does not
provide service in the city. For such facilities, the city may issue a license. Every license
shall require the licensee to obtain a franchise if it is determiued that the license is being
used in a manner that creates a competitive advantage 'for that operator or otherwise
unduly discriminates in favor of such operator.' In any case, the license must provide thai if
limitations of license are violated, the licensee must pay the maximum franchise fee
required bi( Articles- IIB and IIC and otherwise bring itself into compliance with this
chapter.
(4) Nature of grant. Neither a fi~nchise nor a license shall convey title,
equitable or legal, in the fights-of-way. The right is only the personal right to occupy
rights-of-way, for the purposes and for the period stated in the franchise or license; the
right may not be subdivided or subleased.
Sec. 5-8 Compensation Required.
(1) Every operator mus~ pay. Every cable operator and every operator of an
open video system must pay a fee except as provided in Section 5-8(2). Except as provided
in Section 5-8(2), this fee shall be based upon a percentage of gross revenues.
(2)
be paid if:
Exceptions. The franchise fees required under Articles I~ and HC need not
(A) State law or charter requires otherwise; or during any transition
period for a current, franchise holder. In cases subject to this exception, the highest
penuissible fee shall be paid.
(B) In the case of a cable system or an open video system that is not
designed to provide service in the city, and that does not provide service in the city. The
city shall establish a fee in lieu of the fees specified in Articles lib and IIC that recovers an
amount equivalent to the fair market value of the property used in the City and reserves the
right to charge additional fees as contemplaied by Section 5-8(4).
(3) Application to persons that provide different types of services. The fact ~that
a fee is paid on one type of service provided over a cable or open video system, does not
excuse un operator from its duty to pay fees on other types of services provided over that
facility. As an example, and not as a limitation of the foregoing, a cable operator that pays
a franchise fee on revenues derived from the provision of cable services must pay the fees
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imposed upon telecommunication service providers to the extent that it provides
telecommtmications services; likewise, the operator of a telecommunications facility must
pay a fi'ancbise fee to the extent it provides cable, services m subscribers, via~a cable system~
(4) General rules for payment offees.
(A) Unless otherwise specified in a franchise agreement or a license,
franchise and license fees shall be paid to the City quarterly, and not later than forty-five
(45) caiendar days af[er the end of each calendar quarter.
each
the manner
(C) No accaptanee b3 license fee shall be
const~a~l as an accord Ihat' the he coffect amount~, nor shall such
acceptance of Such franchise fee payment be eunstrued as a release of any claim the City
may have for additional sums payable.
(D) The franch/se or license fee payment is not a payment ~n lieu of any
tax, fee or other assessment except as specifically provided in this title, or as required by
applicable law. By way of example, and not limitation, permit fees and business license
taxes are not waived and remain applicable, andothe~ fees and assessments to recover costs
associated with operating and maintaining the fight-of-way that may be established from
time to time by resolution of the City Commission.
(E) Within ninety (90) calendar days following the end of the calendar
year, each person which paid a franchise: fee based upon gross revenues shall submit a
statement, attested to by a certified public accountant or the chief financial officer of such
person, setting forth gross revenues of the Cable or open video system, by category, and
describing what revenues were included and what revenues, if any, generated or derived
from operations in the City were excluded in the fee calculation, and any adjustments made
to gross revenues. If payments are late, in addition to paying any applicable penalties or
damages, the person that owes the fee shall pay imerest on the amount owed at the
statutory interest rates applicable to judgments.
(F) The City may, upon five (5) business days advance written notice,
inspect and examine any- and alt boole* and records reasonably necessary to the
det~mdnation of whether fees have been accurately computed and paid.
(G) Notwithstanding the foregoing, in the event that a person that is
obligated to pay a fee ceases to provide service for any reason (including as a result of a
transfer), such person shall make a final payment of any amounts owed to the city within
ninety (90) calendar days of the date its operations in the city cease, and shall provide a
statement of gross revenues for the calendar year througlx the dates operations ceased
which statement shall contain the information and certification required by
Section 5-8(4)(E).
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Sec. 5-9. General Conditions Upon Use of Rights-of-Way
(t) Responsibility for costs. Except as expressly provided otherwise, any act
that a cable or open video systems op ~erator, its contractors or subcontractors are required
to perform under this Section 5-9 shall be performed at their cost. If a cable or open video
systems operator falls to perform woi:k that it is required to perform within the time
provided for peffonnance, the City may perform the work, and bill the cable or open video
systems.operator therefor. The cable O~ open video systems operator shatlpay the amounts
billed within thirty (30) calendar days.
(2) Construction procedures, and placement of facilities; obligation to minimize
' interference with use ofr~ghts-of-way.~
(A) The construction, operation and repair of cable or open video
systems are subject to the supervision of all of the authorities of the city that have
jurisdiction in such matters, and sliall be performed in compliance with all laws,
ordinances, depa~unental rules and regulations and practices affecting such system. By
way of example, and not limitation, this includes zoning codes and safety codes. In
addition, the consU'uction, operation an6 repair shall be performed in a manner consistent
with high industry standards. Persons engaged in the construction, operation or repair of
cable'or open video systems shall exe~ise reasonable care in the performance of all their
activities, and use commonly accepted methods and devices for preventing failures and
accidents that are likely to cause damage, injury, or nuisance to the public orto property.
(B) Construction, operation or repair of a cable or open video system
shall not commence until written permits, if required, have been properly filed for and
obtained from the proper City officiai~ and all required pennits and associated permit fees
paid. In any permit so issued, the City may impose as a condition of the granting of the
permit such conditions and regulatio? as may be necessary to the management of the
right-of-way, including, by way of i example and not limitation, for the purpose of
protecting any structures in the publi~ fights-of-way, for the proper rest. o .mt~on.o..f such,
publiclic rights-of-way and structures, a~,d for the protection of the City and ~e pu~tm and
the COntinuity of pedestrian and vehicular traffic.
(C) Without limi,ti~, g the foregoing, cable or open video systems shall be
constructed, operated and repaired in accordance with good engineering 15ractices. NO
work on the facilitie~ shall be per~trmed except by experienced and properly trained
personnel. The operator of a cable or 6_pen video system is responsible for all the acts of its
contractors add subcontractors, and for ensuring that its contractors and subcontractors
perform all work in compliance vdth this ordinance, and any applicable franchise
agreement.
(D) Operators of cable or open video systems must follow city-
established requirements for placement of facilities in rights-of-way, and must in any event
install facilities in a manner that minkuizes interference with the use of the rights-of-way
by others, including others that may be installing communications facilities. The city may
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requir~ that facilities be installed at a particular time, place, or manner as a condition of
access to a particular right-of=way, and may require a person using the right-of-way to
cooperate with others to minimize adverse impacts' on the right-of, way through joint
tranchi~ig and other arrangements.
(E) To the extent possible, operators of cable or open video systems shall
use existing poles and existing eonduif in installing their system. In no :casemay additional
poles be installed ha theright-of-way without the pen~sslon of the citY; an~pers0n who is
permitted to.install poles must lease capacitY on those poles to others,~ at a rate not higher
than the rate ttxat would be permittad if 47U. S~C. §224 applied.
franchised before 1990
direction), other:cable or
and wherever the owner of the
area shall be similarly
electric or such telephone lines are
- at the city's
Whenever
facilities am located moves its.plant
or open video systems ha:that
(G) Any and alt Imblic fights-of-way, public property, or private
property that is.disturbed or damaged during the construction, opemtioa or repair of a cable.
or open video system shall be promptly repaired by the cable or opan video system's
operator.
(H) Tree trimming shall be performed in strict accordance with the City
Code~
(3) Relocation of facitities.
(A) A cable or open video system operator shall, by a time specified by
the city, protect,, support, temporarily disconnect, relocate, or remove any'of its property
when reqnired by the city or any other governmental entity by reason of traffic conditions;
public safet3r, public fight-of-way c'onstmctiOn; public right-of-way repair (inaluding
resurfacing or widening); change of public right-of*way grade; construction, installation or
repair of sewers, draing, water pipes~ power lines, signal lines, ~acks, or any other type of
government-owned communicafion~ or cable or' open video system, public work or
improvement or any government-owned utility; public right-of-way vacation; or for any
other purpose where the work involved would be aided by the removal or relocation of thc
cable or open video system Collectively, such matters are referred to below as the "public
work."
1. Except in the case of emergencies, the city shall provide written
notice describing where the public work is to be performert at least thirty (30) calendar
days prior to the deadline by which a cable or open video system operator must protect,
support, temporarily disconnect, relocate or remove its facilities. A cable or open video
system operator may seek an extension of the time to perform such tasks where they cannot
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be performed in thirty (30) calendar days and such request for an extension shall not be
unreasonably refused.
2. In the event of an emergency, or where a cable or open video
system creates or is contributing to an imminent danger to health, safety, or property, the
city may protect, support, temporarily disconnect, remove, or relocate any or all parts Of
the cable or open video system without prior notice, and charge.the cable or open video
system operator for costs incurred. In case of such emergency, where in the judgment of
the City, conditions permit, the City shall reasonably attempt to notify the cable or open
video system operator.
(B) If any person that is authorized to place facilities in the right-of-way
requests another cable or open video system operator receiving the request to protect,
suppo~ temporarily disconnect, remove, or relocate its facilities to accommodate the
construction, operation, or repair of the facilities of such other person, the cable or open
video system operator shall, after thirty (30) calendar days' advance written notice, take
action m effect the necessary changes requested. Unless the matter is governed by a valid
contract or a state or federal law or regulation, or in other cases where the cable or open
video system that is being requested to move was not properly installed, the reasonable
cost of the same shall be borne by the:parc7 requesting the protection, support; temporary
disconnection, removal, or relocation and at no charge tothe city.
(C) A cable or open video system operator shall, on the request of any
person holding a valid pe~t issued by a governmental authority, temporarily raise or
lower its wires to permit the~moving of buildings or other objects. The expense of such
temporary removal or raising or lowering of wires shall be paid by the person requesting
the same. A cable or open video system operator shall be given not less than seven (7)
calendar days advance notice to arrange for such temporary wire changes.
(D) A cable or open video system operator may abandon any property in
place upon notice to the city, un[ess, the city determines, in the exercise of its reasonable
discretion within ninety (90) calendar days of the notice of abandonment from the operator,
that the safety, appearance, functioning or use of the public fight-of-way and facilities in
the public right-of-way will be adversely affected thereby, in which case the operator must
remove its property within a reasonable period of time specifiedby the city.
(E) Ifa state statute requires the city to compensate a person for the cost of
relocation or removal; nothing in this Chapter shall be read to abrogate any right such
person may have to that compensation.
(4) Facility subject to inspection; operator must provide information. Every cable
or open video system shall be subject to the right of periodic inspection and testing by the
city to determine compliance, with the provisions of this Chapter, a franchise or license
agreement, or other applicable law. The city shall have the right; upon written request, to
be notified and present when the cable or open video system is tested by the operator for its
semi-annual FCC testing. Each operator must respond to requests for information
regarding its system and plans for the system as the city may from time to time issue,
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mcluding requests for informatton regarding its plann for construction, operation and repair
(6)
Publicizing. Worlc
1(
delivered to the City
work in ,at least
calculatedto
upgrade,
notice requirements.
with applicable
Irt other cases, before entering onto any private property to perform work, a cable or
open video system operator shall use its Best efforts to contact the property owner or (in the
case of residential property) the resident, at least one (1) day in advance, and describe the
work to be performed;
(B) Each cable or open video system owner shall provide the city a plan for
any initial system construction, o~for any substantial rebuild, upgrade or extension of its
facility, whicla shall show its timetable for construction of each phase_ of the project, and
the areas of the city that will be affected~
(7) No discrimination.
(A) A cable or open video system operator shall not deny service, deny
access, or otherwise discriminate against subscribers, programmers, or residents of the City
on the basis of race, Color, creed, national origin, sex, age, conditions Of physical handicap,
religion~ ethnic background, marital status, or sexual orientation.
(B) A cable or open video system operator shall not discriminate among
persons or the, city or take any retaliatory action against a person or the city because of that
enfity's exercise of any fight it may have under federal, sate, or local 1;tw, nor may the
operator require a person or the city to waive such rights as a condition oftak{ng service.
(C) A cable or open video system operator shall not deny access or levy
different rates and charges on any group of potential customers because of the income of
the residents of the local area in which such group resides.
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(D) A cable or open video system operator shall comply with all federal,
state, and local laws and regulations governing equal employment opportunities, as the
same may be from time to time amended.
Sec. 5-10. Protection of the city and residents.
(I) Indemnification.
(A) The city may noVenter into any franchise, or otherwise authorize any
cable or open video system operator to Use the public fights of way, until and urfless the
city obtains an adequate indemnity from such operator. The indemnity must at least:
1. release the. city from anct against any and all liability and
responsibility in or arising out ofthe~constmction, operation or maintenance of the cable or
open video system.
2. indemnify and hold harmless the city, its trustees, elected and
appointed officers, agents, and employees, from and again.qt any and all claim% demands,
or causes of action of whatsoever kind or nature, and the resulting losses, costs, expenses,
reasonable attorneys' fees, reasonable paralegal expenses, liabilities, damages, orders,
judgments, or decrees, sustained by the city or any third party arising out of, or by reason
of, or resulting from or of the acts; errors, or omissions of the cable or open video system
operator, or its agents, independent contractors or employees related to or in any way
arising out of the construction, operation or repair of the facility.
3. provide that the covenants and representations relating to the
indemnification provision shall survive the term of any agreement and continue in full
force and effect as to the party's responsibility ~to indemnify.
(2) Insurance. The city may not enter into any franchise, or otherwise authorize
any cable or open video system operator to use the public rights-of-way, until and unless
the city obtains assurance that such operator(and those acting on its behalf) have adequate
insurance. At a minimum, the following requirements must be satisfied.
(A) A cable or open video system operator shall not commence
construclion or operation of the- facility without obtaln~ng all insurance required under this
section and approval of such insurance by Risk Management of the city, nor shall a cable
or open'video system operator allow any contractor or subcontractor to commence work on
its contract or sub-contract until ~1 similar such insurance required of the same has been
obtained and approved. The required insurance must be obtained and maintained for the
entire period the cable or open video system operator has facilities in the right-of-way, and
for a period thereatter as specified in the minimum coverages described below. If the
operator, its contractors or subcontractors do not have the required insurance, the city may
order such entities to stop operations ~ntil the insurance is obtained and approved.
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(B) Certificates of insurance, reflecting evidence of the required
insurance, shall be filed with the Risk Manager Coordinatm-. For entities that are entering
the market, the certificates shall be construction and
and as For
date of tLis chapter, ~the
that
(D) In the event that tho insurance Certificate provided indicates that the
insurance shall, terminate or lapse during the period of this contract, then in that event, the
which cable or open video system operates,
(E) A cable or open video system operator, and its contractors or
subcontractors engaged in work on the operator's behalf in, on, under or over public fights-
of-way, shall maintain the following minimum insurance:
1. COMPREHENSIVE GENERAL LIABILITY insurance to
c9ver liability bodily injury and property damage: Exposures to be covered are: premises,
operations; products/complete~ operations, and c~ contracts. Coverage must be
written on an occurrence basis, with the following limit~ of liabilityt
Bodily Injury
i. Each Occurrence $1,000,000
ilo Annual Aggregate 3,000,000
Property Damage
t. Each Occurrence $1,000,000
ii. Annual Aggregate 3,000,000
Personal Injury
Annual Aggregate
$3,000,000
d. Completed Operations and Products Liability shall be maintained for two
(2) years after the termination of the franchise agreement or license agreement (in the ease
of the cable or open video system operator) or completion of the work for the cable or open
video system operator (in the case of a contractor or subcontractor).
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-e. -Property Damage Liability Insurance shall include Coverage for the
following hazards: X - explosion, C - Collapse, U - underground
2. WORKERS' COMPENSATION insurance shall be
maintained during the life of this contract to comply ,with statutory limits for all
employees; and in the case any work is sublet, each cable or open video system operator
shall require the Subcontractors similarly to provide Workers! Compensation Insurance for
all the lattefs employees unless such employees are covered by the protection afforded by
each cable or open video system operator. Each cable or ope~ video system operator and
its comxactors and subcontractors shah maintain during tho life, of this po}icy Employers
Liabihty Insurance. The following limits must be maintained:
Workers' Compensation
Employer's Liabihty
Statutory'
$ 500,000 per occurrence
3. COMPREHENSIVE AUTO LIABILITY
Bodily Injury
i. Each Occurrence $I,000,000
ii. Annual Aggregate 3,000,000
bo
Property Damage
i. Each Occurrence $I,000,000
ii. Annual Aggregate 3,000,000
Coverage shah include owned, h/red and non-owned vehicles.
(F) Each cable or open video system operator shall bold the city, its agents, and
employees, harmless on account Of claims for damages to persons, property or premises
arising out of it~ coustmcfion, operation or repair of its cable or open video system and
name the city as an additional insured.
(3) Performance/payment bond& Every operator of a cable or open video
system may be required to obtain performance bonds and, if necessary, payment bonds to
ensure the faithful performance of its responsibilities under this ordinance and any
f~anchise agreement or license for a~ initial build,, any substantial rebuild, upgrade, or
extension of its facility, or when construction plans show that there would be more than
one thousand (1,000) feet of open Prenching in the fight-of-way at any given time. The
amount of the performance and payment bonds shall be set by the City Manager in light of
the nature of the work to be performed, and is not in lieu of any additional bonds that may
be required through the permitting process. The bond shall be in a form acceptable to the
city attorney. The city may from time to time, increase the amount of the required
performance bond to reflect increased risks to the city and to the public.
(4) Security fun& Every c~ble or open video system operator shall establish a
$25,000 cash security fund, or provide the city an irrevocable letter of credit in the same
amount, to secure the payment of fees owed, to secure any other performance promised in a
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fi'anchisu agreement, and to pay any taxes, fees or liens owed to the .city. The letter of
credit shall be in a form and with an institution accePtable to the city attorney and director
Should the City draw upon the cash security fired or letter of
operator, and the cable or
particular
city may
~ system
Sec. 5-1 I. Enfomement and Remedies.
(1) Administration. The city manager or its designee is responsible for
enforcing and administering this chapter, and the city manager or its designee is authorized
to give any notice required by law or under any franchise agreement, including by way of
example and not limitation, a notice required under 47 U.S.C. §626. The city manager or
its designee is also authorized to seek information fi'om any cable or open video system
operator, to establish forms for submission of applications and other information, and to
take alt other actions necessary or appropriate to the administration of thi~q ordinance.
Franchises may only be issued or revoked by action of the city commission.
(2) Application for a franchise.
(A) An application must be filed for an initial-franchise or license; for a
transfer; or for renewal of a franchise or license. Each entity that is required to hold a
franchise or license must submit an application therefore to the financial management
depatiment or as otherwise designated by the city, in accordance with the requirements of
Articles lIB- IIC. To be accepted for filing, an original and six (6) copies of a complete
application must be submitted to the purchasing division, financial management
department. All applications shall be available for public inspection. All applications shall
include the names and addresses of persons authorized to act on behalf of the applicant
with respect to the application;
(B) An application may be filed by any person on that person's own
initiative or in response to a request for proposals. The Purchasing Administrator
authorized to issue requests for proposals from time to time.
(C) Every application 'shall be accompanied by a nonrefundable fee in
amounts established from time to time by the City Commission by resolution.
(D) An applicant that is awarded a franchise or license, shall pay to the city
a sum of money sufficient to reimburse it for all publication expenses incurred by it in
connection with the granting of a franchise or license pursuant to the provisions of this
article. Such payment shall be made within th/ny (30) calendar days after the city
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furnishes the franchisee or licensee with a written statement of such expenses by delivery
of same to the city clerk.
(E) Notwithstanding any other provision of this chapter, pledges in treat
or mortgages of the assets of a franchised or licensed cable or open video system to secure
the construction,, operation or repair of the system may be made without application and
without the city's prior consent; except that no such arrangement may be made if it would
in any respect under any condition pre,xent the cable or open video system operator or any
successor from complying with the fianchise or license and applicable law, nor may any
such arrangement permit a third party to succeed to the interest of the operator, or to own
or control the cable or open video system without the prior consent of the City. Any
mortgage; pledgeor lease shall be subject and subordinate to the .rightsof the city under
this chapter or other applicable law.
(3) Minimum contents of every franchise or license; In addition to satisfying
the other applicable requirements of Article II, eve~ franchise agreement or license for a
cabte or open video system shall contain the following provisions:
(A) The franchise agreement or license shall provide that neither the
granting of any franchise or license~ .or any provision thereof, shall constitute a waiver or
bar to the exercise of any governmental right or power, police power, or regulatory power
of the city as may exist at the time the fxanchise is issued or thereafter be obtained~
(B) The franchise agreement or license shall only authorize oecup .an. cy of
the right-of-way to provide the servi6es and for the purposes described in the franchise or
license.
(CD A franchise or license shall be a privilege that is held in the public trust
and personal to the original franchisee. The franchise agreement or license shall ensure
that no transfer of the franchise or license may occur, directly or indirectly, without the
prior consent.of the city; except as contemplated by Section 5-11(2)(E).
(D) The franchise agreement or license shall ensure that any person placing
a cable or open video system ia the right-of-way will not discriminate in h/ring,, in
contraefing~ or in the provision of services.
(E) The franchise agreement or license shall contain appropriate PrOvisions
for enforcement,~ compensation) and protection of the public, consistent w~th the other
provisions of this ordinanc~
(F) The franchise or license shall be for a specified term, set forth in the
franchise agreement or license. No ~chise issued under this chapter shall be for a term of
longer than ten years; no license isstled under this or¢tlnance shall be for a term of longer
than five years.
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-(4) Penalties.
Any person who violates any provision of this ordinance shall be fined ,for
each day the; violation c0ntinues in accd~d~nce ~ttx chapter 162 of the I996Fiorida
Stamtes~ as amende&'
(5) Revocation, reduction of term, or forfeiture of franchise or license.
(A) Licenses shall be reVocable at the will of the City Commission.
the city manager or.it
fi-anchise may
of
the for~go~ug~ ~.the
was given.notice of the default;
'V '
2. was g~ en thirty (30) calendar days to cure the default; and
3. failed to cure the default, or to propose a schedule for curing the default
acceptable to the City where it is impossible to cure the default Lu thirty (30) calendar days.
The required notice,my be given before the city conducts the proceeding required by this
section. No oppormuity to cure is required for repeated violations, and fraud shall be
deemed incurable.
(C) Notwithstanding the foregoing, the city may declare a franchise
forfeited where the franchisee:
1. fails to begin to exercise its rights under the franchise within a period
specified in the franchise agreement;
2. stops providing service it is required to provide in tho franchise;
3. without the prior consent of the city, transfers the franchise; or
4. fails to pay any fe~ ~quired hereunder; including, but not limited to,
application fees, permit fees~ or francl~ fees.
Page 18 of 43
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-- (D) The City shall give a franchisee thirty (30) calendar days notice of an
intent to declare~ a franchise forfeited, anti shall provide the franchisee an opportunity to
show cause why the franchise should not be forfeited.
(E) Notwithstanding the foregoing, any flanchise may, at the option of
the city following a public hearing before the city commission, be revoked one hundred
twenty (120) calendar days after an assignment for the benefit of creditors or the
appointment ora receiver or trustee m take over the business of the franchisee, whether in a
receivershil~, reorganization, bankruptcy assignment for the benefit of creditors, or other
action or proceeding, unless w/thin that one hundred twenty (120) calendar d. ay period:
Such assi~ml~ent; receivership or trusteeship has been vacated; or
2. Such assignee, receiver or trustee has fully complied with the terms
and conditions of this chapter and the franchise agreement and has executed an agreement,
approved by a court having jurisdiction, assuming and agreeing to be bound by the terms
and conditions of this chapter and the franchise agreement.
(F) NotwithstandLng the foregoing, in the event of foreclosure or other
judicial sale of any of the facilities,'equipment or property of a franchisee, the city may
revoke the franchise, following a public hearing before the city commissmn, by serving
notice upon the franchisee and the successful bidder at the sale, in which event the
franchise and alt fights and privileges of the fianchise will be revoked and will terminate
thirty (30) calendar days after serving such notice, unless:
successful bidder; and
The city has approved the transfer of the franchise to the
2. The successful bidder .has covenanted and agreeti with the
city to assume and be bound by tho terms and conditions of the franchise agreement and
this chapter.
(6) Effect of termination or forfeiture. Upon termination or forfeiture of a license
or franchise, whether by action of the city as provided above, or by passage of time, the
franchisee or licensee shall be obligated to cease using the cable or open video system for
the purposes authorizeti by the franchise. The city may either take possession of some or
alt of the licensee's or franchisee's facilities in the public rights-of-way after furnishing the.
cable or open video system operator with written notice and granting the cable or open
video system operator a reasonable period of time, but in no event more than thirty (30)
calendar day~, to remove same, or require the licensee or franchisee or its bonding
company to remove some or all of the licensee's or franchisee's facilities from the public
rights-of-way and restore the public fights-of-way to their proper condition; Should the
franchisee or licensee neglect, refu~e, or fail to remove such facility, the city may remove
the facility at the expense of the fimachisee or licensee. The obligation of the licensee or
franchisee to remove shall sUrVive the termination of the franchise or license for a period of
two years. Provided that, the city may not take possession of, or require the franchisee or
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licensee to remove, any facilities that are used to provide another service for which the
franchisee holds a valid franchise or license issued by the city.
shall
(7) Re, mediex Cumulan've.
· any franchise
~ne remedy
payment Of
its
the city. of
or
in any
or remedy it may have.
ffdamages.
(8) AcCess,to books andrecordso
(A) Each cable or open video- system operator shall, upon thirty (30)
calendar days, if reasonably possible, but in no event less than' five (5) business days
written notice, provide the city access to all books and records related to the construction,
operation, or repair of the cable or open video system so that the city may 'inspect these
books and records. Any and all non-proprietary or non-eonfidentiai books and records may
be copied by the City. The operators' obligation includes the obligation to produce all
books and records related to revenues derived from the operation of the cable or open video
system. An operator is responsible for obtaining or maintaining the necessary possession
or comrol of ail books and records related to the eoustmction, operation or repair of the
cable or open video system, so that it can produce the documents upon request. Books and
records must be maintained for a period of five (5) years, except that any record that is a
public record must bemaintained for the period required by state law; and a franchise may
specify a shorter period for certain categories of voluminous books and records where the
information contained therein can be derived simply from other materials.
(B) For purposes of this chapter, the terms "books and records" shall be
read expansively to include information in whatever format stored. Books and records
requested shail be produced to the city at City Hall, except by agreement or pursuant to
section 5-I1(8)(C).
(C) If any books and records are too voluminous, or for security reasons
cannot be copied and moved, then a cable or open video system operator may request that
the inspection take place at some other location mutually agreed to by the city and the
operama provided that the operator must make necessary arrangements for copying
documents selected by the city after its review; and the operator must pay all travel and
additional copying expenses incurred by the city in inspecting those documents or having
those documents inspected by its designee.
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'- (D) Without limiting the foregoing, the operator of a cable or open video
system shall provide the city the following within ten (10) calendar days of their receipt or
(in the case of documents created bythe operator orits affiliate) filing:.
l. notices of deficiency or forfeiture related to the operation of
the cable or open video system, and
2. copies of any request for protection under bankruptcy laws,
or any judgment related to a declaration of bankruptcy by the Franchisee or by any
partnership or corporation that owns or controls the Franchisee directly or indirectly.
(9) Retention of Records; Relation to Privacy Rights. Each cable or open video
system operator shall take all reasonable steps required, if any, to ensure that it is able to
provide the city alt information whigh must be provided or may be requested under this
chapter, a franchise agreement, or applicable law, including by providing appropriate
Subscriber privacy notices. Each operator shall be responsible for reacting any data that
applicable law prevents it from providing to the city. Nothing in this section shall be read
to require an operator to violate state or federal law protecting subscriber privacy.
(10) Reports. The city may require operators of a cable or open video system to
maintain records, and to prepare reports relevant to determining the compliance of the
cable or open video system operator with the terms and conditions of this chapter and a
franchise agreement.
(11) Maps. Each cable or open video system operator'shall maintain accurate
maps and improvement plans which show the location, size, and a general description of
all facilities installed in the rights-of-way and any power supply sources (including
voltages and connections). Maps shall be based upon post-construction inspection to
verify location. The operator of each cable or open video system shall provide amap to the
city showing the location of its facilities, in such detail and scale as may be directed by the
city engineer. New maps shall be promptly submitted to the city when the facility expands
or is relocated. Copies of maps shall be provided on disk, in a format specifiedby the city
' engineer.
(12) Compliance with laws. Each franchisee shall comply with all applicable
laws heretofore and hereafter adopted or established during the entire t~mt o fits franchise.
(13) Reservation of authority. The city may do all things which are necessary and
convenient in the exercise of its jurisdiction under this article. The city manager or its
designee is hereby authorized and empowered to adjust, settle or compromise any
controversy involving performance or charges arising from the operations of any franchisee
under this article on behalf of the city. The city commission may accept, reject or modify
the decision of the city manager, and~ the city commission may adjust, settle or compromise
any controversy or cancel any charge arising from the operations of any franchisee or from
any provis/on of this article.
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'(14) No waiver. The failure of the city to insist on timely performance or
compliance by any person holding a license or franchise shall not constitute a waiver of the
mty s right to later lnSast on treacly performance or compliance by that person or any other
person holding Such a iicense or ~chise,
(15) Ordinance not a contract, The City expressly reserves the fight to amend
this chapter from time-to-time inthe exercise of its lawful powers, This and:any ordinance
adopting provisions af this chapter shall-not be construed to be a contract.
SeC. 5-t2.~ TransitionatProvisions. ·
· (1) Persons operating: without a franchise or license. The operator of any
· facility, the operation or, whiCh is required t° be franchised or licensed.under this chapter,
applications for afran hise or a lmense under this chapter.
(2) Persons holding franchises or licenses. Any person holding an outstanding
franchise from the city for a cable system to provide sPec/fled services may continue to
operate under the existing franchise to the conclusion of its present t~m (but not any
renewal or extension thereof) with respeCt to those activities expressly authorized by the
franchise or license; provided; however, that such franchisee or licensee may elect at any
time to apply for a superseding fi~nchise or license under this chapter, and mnst seek
additional franchises or licenses to provide other: services. Provided further, that licenses
that are revocable at will may be revoked by the city, and the licensee may be required to
obtain a new license under this chapter.
(3) Persons with pending applications. Pending applications shall be subject to
this chapter. A person with a pending application shall be provided thirty (30) calendar
days from the effective date of this chapter to submit additional information to comply
with the requirements of this governing applications chapter.
Sec. 5-13o Special Rules For Government Entities.
Nothing herein requires the city to apply the provisions of these articles to a
government entity if the city determines that it is not in the .public interest to do so, and
nothing itt this chapter shall be read to require a government entity to' comply with this
chapter, where the city cannot enforce the chapter against such entity as a matter of law.
Sees. 5-14.---5-t5. Reserved.
liB, Special Rules Applicable to Open Video Systems and Open Video System Operators.
SeC. 5-16. Application for a fianchise.
(I) Contents of application for initial or renewal franchise. In order to obtain
an initial or renewal franchise, an operator of an open video system must apply for a
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franchise. The application must contain the following information, and such information
as the city may from time to time require.
(A) Identity of the applicant; the persons who exercise working control
over the applicant and the persons who control those persons, to the ultimate parent.
(B) A proposal for construction of the open video system that sets forth at
least the following:
1. A description of the services that are to be provided over the
facility.
2. The location of proposed facility and facility design, including a
description.of the mites of plant to be installed, where it is to be located, and the size of
facilities and equipment that will be located in, on, over, or above the rights-of-way.
3. Identification of the area of the city to be served by the proposed
system, including a description of the proposed franchise area's boundaries.
(C) A description of the manner in which the system will be installed, and
the time required to construct the system, and the expected effect on right-of-way usage,
including information on the ability of the rights of way to accommodate the proposed
system, including, as appropriate given the system proposed, an estimate of the availability
of space in conduits and an estimate of the cost of any necessax3t rearrangement of existing
facilities.
(D) A description; where appropriate, of how services v/ill be converted
from existing facilities to new facilities, and what will be done with existing facilities.
(E) Proof in the form of financial statements, attested to by a certified
public accountant, that the applicant has thc financial resources to complete the proposed
project, and to construct, operate arid repair the proposed facility over the franchise tam.
It is not the intent of the city to requke an applicant to prove that the services it proposed to
offer will succeed in the marketplace.
(F) Proof that applicant is technically qualified to construct, operate and
repair the proposed facility. At a minimum, the'applicant must show that it has experience
or resources, to ensure that work is to be performed adequately, and can respond to
emergencies during and after construction is complete.
(G) Proof that the applicant is legally qualified, which proof must include a
demonstration that the applicant:
1. has received, or is m a position to receive, necessary
authorizations from state and federal authorities;
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'- ' 2. has not engaged in conduct (fraud, racketeering, violation of
antitrust laws, consumer protection laws, or similar laws) that allows city to conclude the
applicant cannot be relied upon to comply with requirements of franchise, or provisions of
tb~s articIe;
3. was not a~ convicted vendor thh'ty-six (36) months or fewer pnor
to the date of the application pursuanfr to Chapter 287, Florida Statutes, or was removed
from the convicted vendor list pursuant'to section 287.133, Florida Statutes;
and to abide bY the
(ID An affidavit or declaration ofthe applicant or authorized officer thereof
certifying the troth and accuracy ofth~ inf0maation in the application;and certifying that
the application meets all requirements of applicable law.
(2) Additional information regarding affiliate~; presumptions. To the extent that
the applicant is in any respect relying on the financial or technical resources, of another
person, including,another affiliate, the'proofs required by sections 5-16(1)(C)-(E) should
be provided for that person; An applicant will be presumed to,have the renu}site ~nancial,
or technical or legal qualifications to the extent such qualifications have been reviewed and
approved by a slate agency of competent jurisdiction; or i£ applicant is a holder of a
franchise in the City for a cable system or open video system, and conduct under such
other fianchise provides no basis for additional investigation.
(3) Applications for transfer~ An application for a transfer of a franchise must
contain same information required~ by section 5.16(1), except that, if the transferor
'submitted an application pursuant to section 5-16( 1 ), to the extent information provided by
the transferor under: Section 5,t6(I) remains accurate, the transferee may simply cross-
reference the earlier application.
(4) City review. The city may request such additional information as it finds
necessary, and require such modifications to the application as may be necessary in the
exerciseof the city's authority over open video systems. Once the information required by
the city has been provided, the application shall be promptly reviewed and shall be granted
if the city finds that:
: (A) The applicant has the qualifications to construct, operate and repair the
system proposed~ in conformity wi~ applicable Iaw~ The city shall provide a reasonable
opportunity to an applicant to show that it would be inappropriate to deny it a franchise
under section 5-16(G)2, by virtue of the particular circumstances surrounding the matter
and the steps taken by the applicant to cure all harms flowing therefrom and prevent their
recurrence, the lack of involvement of the applicant's principals, or the remoteness of the
matter from the operation of art open video system. An application for a franchise area
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shall not be -granted if the franchisee has no plans for constructing a system within the
entire area for which the franchise is sought.
(B): The applicant accepts the modifications required by the city to its
proposed system~ This section shall not be read to authorize the city to exemise authority it
does not otherwise have under applicable law.
(C) The applicant enters into a franchise agreement and complies with any
conditions precedent to its effectiveness,
(D) In the case of atransfer, the city must also det~.lfine that:
t. there will be no adverse effect on tho public interest, or the ~ity's
interest in the franchise;.
Z ~ransferee agrees to be bound by all the conditions of the
franchise and to assume all the obligations of its predecessor; and
3. any outstanding compliance and compensation issues are
resolved or preserved to the satisfaction of the city
(E) An applicant shall not be issued a franchise if it files, or in the
previous three years, filed materially misleading information in a franchise application; or
intentionally withheld information that the applicant lawfully is required to provide.
(5) Compensation. Every operator of aa open video system shall pay
compensation to the city as follows:
(A) To the extent that the system is used to provide cable services: a
percentage of gross revenues (as that t~tm is defined in Article HC as if the open video
system operator were a cable ope_rotor) each quarter equal to the gross revenue percentage
paid by any cable operator for the same quarter. In addition, unless a franchise agreement
provides otherwise, an open video system operator shall pay to the city, at a time directed
by the city, an amount equal to the highest amount contributed byany cable operator under
its franchise for and in support of public, educational and government use (including
imtitufional~ network use) of its cable system. To the extent that a cable operator is
providing other support for public, edueafiunal or governmental use; the operator must
duplicate that support within a time and in a manner directed by the City, or provide a c~h
equivalent acceptable to the City. In applying this section, the City shall ensure that me
obligations borne by the open video system operator are no greater or lesser than the
Obligation imposed upon the cable operator providing the greatest benefits to the
community. The compensation required under this section or specified in a franchise shall
increase as the eompensadon that a cable operator ~s required to provide (in cash and in
other forms) inereases~
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(B) To the extent that the open video system is used for the provision of
telecommunications servmes, the open video system operator shall pay the fee required ora
telecommunications service provider.
....(C) Such other compensation.. . as the City ma:y charge in the future;
consmtent wath Federal or State law, mclu~g fees imposed upon OPen video system
lessees.
(6) Customer Service Standard Certification. An open video system that enters
(7) Ever3
operator
e~ble or
purposes oi'providiiig PEG and I-Net services.
· video system
open video system and
on fair an& reasonable terms for
Sees. 5-17- 5-20 Reserved°
ftC. Special Rules Applicable to Cable Television Systems-
Sec. 5-21. Definitions.
(1) Access Channel means any capacity on a cable system set aside by a
Franchisee for public, educational, or governmental use.
(2) Basic Cable Service or Basic Service means any Service Tier that includes
the retran~mission oflocal telex/sion broadcast signals.
(3) CableAct means the Cable Communications Policy Act of 1984, 47 U.S.C.
§521 et seq., as amended by the Cable Television Consumer Protection and Competition
Act of 1992, as further amendeO~ by the Telecommunications Act of 1996, as further
amended from tittle to. time.
(4) Equitable Price means Fair Market Value adjusted downward for the harm
to the city or subscribers, if any, resulting from a franehisee's breach of its franchise
agreement or violation of this chapter and as timber adjusted to account for other equitable
fiactors that may be considered consistent with 47 U.S.C. §547.
(5) Fair Market Value means the price for the cable system valued as a going
concem but with no value allocated to the Franchise itself.
(6) Governmental Access Channel means any capacity on a cable system set
aside by a fi:anehisee for government use.
(7) Gross Revenues means any and all cash or other consideration of any cable
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operatSr of a cable system in any way derived from the operation of that cable system to
provide cable services in the franchise area. Gross Revenues include, by way of
illus~xation and not limitation, monthly fees charged- subseribera for any basic, optional,
premium, per-channel, or per-program service; installation, discounection, reconnection,
and change,in-service fees; leased channel fees; late fees and administrative fees; revenues
received from programmers for carriage of programming on the cable system (excluding
money received ~om programmers which is passed through to offset the cost of launching
the service including equipment expense and cost. advertising expense as well as other pass
through incomes for advertising or marketing such programming); revenues from rentals or
sales of Converters or other equipment; advertising revenues; revenues from program
guides; and revenues from home shopping channels. Home shopping revenue shall be
based on the number of homes in a zip code area provided that where a common zip code
serves more than one city, the revenues from that zip code shall be allocated, based on the
aumber of homes in the zip code area attributable to the city dividedby the total homes in
the zip code area. This provision shall be read broadly to prevent the avoidance of
franchise fees by a cable operator tl~ough arrangements with aftiliates~ Gross revenues
shall not include any taxes on services fumishect by a Franchisee which, are imposed
directly on any subscriber or user by the state, City, or other governmental unit and which
are collected lay a Franchisee on behalf of said governmental mt.-; bad. debt expense;
subscriber deposits in segregated accounts; or copyright fees. If an mount written off as
bad debt is recovered, or ifa deposit is applied to unpaid service revenues, saic~ amount
shatl be included in the Gross Revenue base.
(8) Non-Cable Service means any service that is authorized to be distributed
over the cable system, other than a cable service.
(9) Public Access Channel means any capacity on a cable system set aside by a
Franchisee for use by the general public¢ including groups and individuals, and which is
available for such use on a non-discriminatory basis.
(I 0) Service Tier means, a package of two or more cable services for which a
separate charge is made by the franchisee, other than a package of premium and pay-per-
view services that is not subject to rate regulation under the Cable Act and applicable FCC
regulations because those services are also sold on a tree & la carte basis.
(11) Subscriber means the City, any government entity or any person who
legally receives any cable service from a cable operator delivered over that cable operator's
cable system.
(12) User means a person or the City utilizing a channel, capacity or equipment
and facilities for purposes of producing or transmitting material, as contrasted with the
receipt thereof in the capacity of a Subscriber;
Sec. 5-22. No Exclusivity.
A franchisee may not require a Subscriber or a building owner or manager to
enter into an exclusive contract as a condition of providing or continuing service.
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However, nothing herein prevents a fxanchisee from entering into an otherwise lawful,
mutually desired exclusive arrangement with a building owner or manager of a multiple
dwelling unit or commemial Subscriber. -
Sec. 5-23. Relation to 47 U.S.C, §545-§546.
This Article ftC shalt be read and applied so that it is consistent with
Sections 625 and 626 of the Cable Act, 47 U.S.C. §545-§546.
Sec. 5-24. Applications for Gram, Renew;a!, or Modification of franchise.
(1) Written Applicatio~
(A) A written application shall be filed with th~, city for grant of an
initial franchise; renewal of a franchise under 47 U.S.C. §546(a)-(g); or modification of a
franchise agreement pmsuant to this chaPter or a ~chise, agreement. A request for
renewal may'als0 be flied informally, pUrSuant to 47 U.S~C. §546(h), as-provided in
Section 5-24(5).
(2) Contents of Applications. A request for proposals for a franchise, including
for a renewal franchise under 47 U.S.C. §546(c), shall require, and any application
submitted pursuant to this Section 5-24(1) (and expressly not an informal renewal
application submitted pursuant to 47 U.SiC~ §546(h)) shall contain, at a minimum, the
following information:
(A) Identity of the applicant, the persons who exercise working control
over the applicant, and the persons~who control those persons, to the ultimate parent.
(B) Identification of the area of the city to be served by the proposed
cable system, including a description of the proposed franchise area's boundaries.
(C) A detailed description of the physical facilities proposed, which
shall include at leazt the following:
1. A description .of the channel capacity, technical design,
performance eharaetefistics~ headend, access (and institutional network) facilities and
equipment.
2. The location of proposed facility and facility design, including a
description of the miles of plant to be installed, where it is to be located, and the size of
facilities and equipment that will be located in, on, over, Or above the rights-of-way.
3. A description of the manner in which the system will be installed*
and the time required to construct the system, and the expected effect on fights-of-way
usage, including information on the ability of the rights-of-way to accommodate the
proposed system, including, as appropriate given the system proposed, an estimate of the
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availability of space in conduits and an estimate of the cost of any necessary rearrangement
of existing facilities.
4. A description, where appropriate, of how services Will be
converted from existing facilities to new facilities, and what will be done with existing
facilities:~
(D) A demonstration of how the applicant will reasonably meet the future
cable-related needs and interests of the community, including descriptions of the capacity,
facilities and support for public, educational, and governmental use of the cable system-
(including institutional networks) applicant proposes to provide and why applicant believes
that the proposal is adequate to meet the future cable-related needs and 'interests of the
community.
(E) A demor~i~afion of the financial qualifications of the applicant,
including at least the following:
I. The proposed rate structure, including projected charges for each
service tier; installation, converters, and all other proposed equipment or services;
2. A financial statement attested to by a certified public accountant
demonstrating the applicant's financial ability to. complete the construction and operation
of the cable system proposed; and
3. Pro forma financial projections for the proposed franchise terra,
including a statement of projected income, and a schedule of planned capital additions,
with all significant assumptions explained in notes or supporting schedules.
(F) A demonstration of the applicant'a technical ability to construct
and/or operate the proposed cable system;
(G) Proof that the applicant is legally qualified, which proof must include a
demonstration that the applicant:
1. has received, or is in a position to receive, necessary
authorizations from state and federal authorities;
2. has not engaged in conduct (fraud, racketeering, violation of
antitrust laws, consumer protection laws, or similar laws) that allows city tc conclude the
applicant candor be relied upon to comply with requirements of franchise, or provisions of
this article;
3. was not a convicted vendor thirty-sLx (36) months or fewer prior
to the date of the application pursuant to Chapter 287, Florida Statutes, or was removed
from the convicted vendor list pursuant to Section 287.133, Florida Statutes;
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4. is willing to enter into a franchise, to pay required compensation
and to abide by the provisions of applicable law, including those relating to the
construction, operation or repair o[ its facilities; and has not entered into any agreement
that would prevent it from doing so, and
5 the applicant must not have submitted an application for an initial
or renewal franchise to the city, which was denied on the ground that the applicant failed to
propose a cab lo system meeting, the cable-related needs and:interests o f the community~ or
as to which any challenges to such franchising decision were, finally resolved (including
. any appeals) adversely to the applican~ within threO O) year~ preceding~th.e~s~mission of
tho applieatioit.
The city shall provide a reasonable opportunity to an applicant to showy that it would be
inappropriate to deny it a franchise under Section 5-24(2)(G)2., by virtue of the particular
circumstances surrounding the matter and the steps, taken by the-applicant tocure all harms
flowing therel~om and prevent their recurrence; the laCk of involvement of the applicant's
principals, or the remoteness of the matter from the operation of a cable system -
(H) To the extent that the applicant is in any respect relying on the financial
or technical resources of another person, including another affiliate, the proofs required
pursuant to sections 5-24(2)(E) and (F) should be provided for that person.
(I) A description of the applicant's prior experience in cable system
ownership, construction, and operation, and identification of cities and counties in Florida
in which the applicant or any of its principals have a cable franchise or any interest therein,
provided that an applicant that holds a franchise for the city and. is seeking renewal of that
franchise need only provide this information for other cities and counties in Florida where
its franchise is scheduled to expire during the twelve (t2) month periodprior to the date its
application is submitted: to the city and for other cities and counties in Florida where its
franchise had been scheduled to expire during the twelve (12) month period after the date
its application is submitted to the city. If an applicant has no other fi'anchise in Florida, it
shall provide the information for its operations in other states.
(J) An affidavit or declaration of the applicant or authorized officer thereof
certifying the truth and accuracy of the information in the application, and certifying that
the application meets all requirements of applicable law.
(3) Procedure for applying for grant of a .franchise, other than a Cable Act
renewal franchise.
(A) A person may apply for a ~anchise in response to a request for
proposals ("RFP") issued by the City. Any response to an RFP shall contain the
information required by section 5-24(2), and such other information as the RFP may
require, and must be submitted in aCcordance with the restrictions in the RFP. A properly
filed response to an RFP shall be evaluated in accordance with section 5-24(3)(C). The
city may conduct such investigations from time to time as may be appropriate to establish
RFP requirements,
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(B) Notwithstanding the provisions of section 5-24(3)(A), a person may
apply for an initial franchise by submitting an unsolicited application containing the
information required in section 5-24(2) and requesting an evaluation of that application
pursuant to section 5-24(3)(C). Prior to evaluating that application, ~.e City may conduct
such investigations as are necessary to determine whether the application satisfies the
standards set forth in section 5;24(3)(C), including by commencing a proceeding to
identify the future cable-related needs and interests of the eommunity~ It also may seek
additional applications prior to evaluating the application. An applicant for an in/rial
franchise shall be provided an oppommity to amend its applieation in light of the result of
any investigation conducted by the city, prior to evaluation of that application pursuant to
section 5-24(3)(C).
(C) In evaluating an application for a franchise, the city shall consider,
among other things, the following factors:
1. The extent to which the applicant has substantially complied with
the applicable law and the material terms of any existing cable franchise for the city;,
Whether the quality of the applicant's service under any
existing franchise in the city, including signal quality, response to customer complaints,
billing praclices, and the like, has been reasonable in light of the needs and interests 6f the
communities served;
3. Whether the applicant has the financial, technical, and legal
qualifications to hold a cable franchise;
Whether the application satisfies, any minimum requirements
established[ by the city under this article or in the RFP or and is otherwise reasonable to
meet the future cable-related needs and interests of the community, taking into account the
cost of meeting such needs and interests;
5. Whether~ to the extent not considered as part of
Section5-24(3)(C)~., the applicant will provide adequate public, educationai, and
governmental use capacity, facilities, or financial support;
6. Whether issuance of a franchise is in the public interest
considering the immediate and future effect on the rights-of-way and private property that
would be used by the cable system, including the extent to which installation or
maintenance a~ planned would require replacement of property or involve disruption of
property, public services, or use of the rights-of-way; and the comparative superiority or
inferiority of competing applications; and
7. Whether the approval of the application may eliminate or reduce
competition in the deliver~ of cable service in the city.
(D) If the city finds that it is in the public interest to issue a franchise
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considering the factors set forth above, and subject to the applicant's envy into an
appropriate franchise agreement, it shall issue a fi'anchise. If the city denies a franchise, it
will issue a written ~ ' the franchise wa . Prior to de~iding
g Or
eapond to a~ RF1~.
any
manner; or can activate the renewal process set forth i~ 47
request shall be e~ainated using the Same criteria as any other request The
fo!lqwing requirements shall apply to renewal requests Properly ~ubmitted pursaant to: the
Cable Act:
(A) If the provisions of 47 U.S.C. §546(a)-(g) are properly invoked, the.city
shall issue aa RFP after conducting a proceeding to review the franchisee's past
performance and to identify future cable-related community needs and interests; The city
shalt make available for review by · franchisee the result~ of the city's review and
ascertainment proceedings. The city shall establish deadlines and procedures for
maponding to the RFP, may seek additional information from the franchisee related to the
city's evaluation of the proposal given the standards ~for review of that proposal under
applicable law, and shall establ/st~ deadlines for the submissio~ of that additional
information. Following receipt Of the application responding to that RFP (and such
additional information as may be provided in response to requests), the city comm/ssion
will determine that the franchise should be renewed, ormake a prehminary assessment that
the franchise should not be renewed in: accordance with the provisions of the Cable Act
applicable to that preliminatgt decision. The preliminary detenninati0n shall be made by
resolutiom If the city commission determines that the flanchise should not be renewed.
and the franchisee notifies the city, either in its RFP response or within thirty (30) business
days of the pmlfininaxy assessment, that it~wishes to pursue any rights to an admimstrative
proceeding it has under the Cable Act, then the city shall commence an administrative
proceeding after providing prompt public notice thereof, in accordance with the Cable Act.
If the city commission decides preliminarily to grant renewat~ it shall prepare a final
~anchise agreement that incorporates, as appropriate, the commitments made by the
franchisee in the application. If the fi'anchisee accepts, the franchise agreement, and the
final agreement is approved by ~he city commission, the franchise shall be renewed. If the
franchise agreement is not so accepted and approved within the time limits established by
47 U.S.C. §546(c)(1), renewal shall be deemed preliminarily denied, and an administrative
proceeding commenced if the franchisee requests it within thirty (30) business days of the
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expiration of the time limit established by 47 II.S.C. §546(c)(1), unless the time limit is
extended by mutua~ agreement of the city and the franchisee.
(B). If an administrative hearing is commenced pursuant to 47 U.S.C.
§546(c), ~e franchisee's application shall be evaluated considering such matters as may be
considered consistent with federalIaw. The following procedures shall apply:
I. The proceeding shall be conducted with all deliberate speed in
accordance with such lawful procedures as the city may adopt by resotutiom
2. The CiW Commission may appoint an administrative hearing
officer or officers or may conduct the administrative'hearing itself. The entity that will
conduct the administrative hearing is referred to as "hearing officer."
3. The hearing officer shall establish a schedule for proceeding.
The hearing officer shall have the authority to require the production of evidence from any
person as the interests of justice may requir~ Any order regarding the production of
evidence may be enforced by a court of competent jurisdiction or by imposing appropriate
sanctions in the administrative hearing.
4. The hearing officer may conduct a preheating conference and
establish appropriate prehearing orders. Intervention by non-parties is not authorized
except to the extent required by the Cable Act.
5. The hearing officer shall require the city and the franchisee to
submit prepared testimony prior to the hearing. Unless the parties agree otherYvise, the
franchisee shall present evidence first, and the city shall present evidence second.
6. Any reports or the transcript or summary of any proceedings
conducted pursuant to 47 U.S.C. §546(a) shall be, for purposes of the artministrative
hearing, regarded no differently than any other evidence. The city and the f~anchisee shall
be afforded fair oppommity for ful~ participation in the proceeding, including the tight to
introduce evidence (including evidence related to issues raised in the proceeding under
subsection 47 U.S.C~ §546(a)), to require the production of evidence, and to question
witnesses~
7. Following completion of any hearing, the hearing officer shall
require the parties to submit proposed findings of fact with respect to the matters that the
city is entitled to consider in determining whether renewal ought to be granted. Based on
the entire rec°rd of the administrative hearing, the hearing officer shall then prepare written
findings, and submit those findings to the city commission and ~o the parties (unless the
hearing officer is the ciBr commission, in which case the written findings shall constitute
the final decision of the city).
8. If the hearing officer is not the city commission, thc parties shall
have thirty (30) calendar days from the date thc findings are submitted to the city
commission to file exceptions to those findings. The city comamssion shall thereafter issue
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a written decision granting or denying the application for renewal, consistent with the
reqmrements of the Cable Act and based on the record of such proceeding. A copy of the
fmal dec~sion of the city commission shall be provided promptly to the applicant.
(5) Informal applications for renewal. Notwithstsnding the above, a cable
operator may s~mit a propos~ifor r~ene.~al o~ a:franchise pursUant.t0 47.Uis. c. §~46(h) at
anY time, and the city may; after affording the public adequate notice 'and opportunity for
c. omme. nt, grantor deny such proposal. An applicati°n shatl n°t be granted unl.ess the city
aetenmnes that.it is in the public interest to do so~An application may b* denied for
reason. Without prejudice, tothe applicant's rightero seek renewal under other provisions~of
section 5-24.
(6) .~pplication for modification ofa franchise.
(A) ~at application for modification of a ffanch/se agreement shall include,
at minimum, the following information:
1. The specific modification requested;
2. The justification for the requested modification, including the
impact of the requested modification on subscribers and others, and the financial impact on
the applicant if the modification is approved or disapproved, demonstrated through, inter
alia, submission of pro forma financial statements.
3. A statement indicating whether the modification is sought
pursuant to Section 625 of the Cable Act, 47 U.S.C. §545; and, if so, a demonstration that
the requested modification meets the standards set forth in,47 U.S.C. §545;
4.- Any other information that the applicant believes is necessary for
the city to make an informed determination on the application for modification; and
5. An affidavit or declaration of the applicant or applicant's
authorized officer certifying the math and accuracy of the information in the application,
and certifying that the application is consistent with the requirements of applicable law.
(B) A request for modification submitted pursuant to 47 U.S.C. §545
shall be considered in accordance with the requ/rements of that sectiom
(7} . Public hearings. An applicant shall be notified of any public hearings held
in connection witlx the evaluation of its application and shall be given a reasonable
opportunity to be heard. In addition, prior to the issuance of a franchise~ the city shall
provide for the holding of a public hearing within the proposed franchise area, following
notice to the public, at which each applicant and its application shall be examined and the
public and all haterested parties afforded a reasonable opportunity to be heard.
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Sec. 5-2..5. Construction Provisions.
(1) System construction schedule. Every franchise agreement shall specify the
construction schedule that will apply to any required constmction~ upgrade, or rebuild of
the cable systerm The schedule shall provide for prompt completion of the project,
considering the amount and type of constraction required.
(2) Use: of.franchisee facilities. The city shall have the right to install and
maintain free of charge upon any poles or in any conduit owned by a franchisee any wire
and pole fixtures that do not unreasonably interfere with the cable~system operations of the
franchisee. Provided that, if tho city uses a franchisee's conduit or poles m install a cable
system that competes with that franchisee ia the provision of cable service to residential
subscribers, the franchise agreement may provide that the franchisee may charge the city a
fair market rate pursuant to that franchise agreement. Franchisee shall notify the city when
it enters into ma agreement, for use of its poles and conduits. Copies of agreements for use
of franchisee's conduits or p01es in the Public Rights-of-Wayor on other public property
shall be availablcfor review upon the city's request. A franchise agreement may.include a
provision under which the city shall indemnify, defend and hold a franchisee harmless for
all claims arising out of the city's use of that franchisee's poles and conduits where the
franchisee and the city do not have a~joint pole or conduit use agreement,
(3) Provision of Service/Quality of Service. In addition to satisfying such
requirements as may be established in a franchise, every cable system shall be subject to
the following conditions, except as prohibited by fedemt law:
(A) It is the policy of the city to ensure that eve~ franchisee provide
service in the franchise area upon request to any person or any government building. Each
~anehisee shall exten6 service upon request within its franchise Area, provided that, a
franchise agreement may permit a franchisee to require a potential subscriber to contribute
a fak share of the capital costs of installation or extension as a condition of extension or
installation m cases where such extension 'or installation may be unduly~?xpensive.
Serwce must be provided within time limits specified in Section 5-25(3)(B).
(B) Except as a franchise agreement otherwise provides, a franchisee must
extend service to any person or to any government building in the franchise area which
requests itwithin seven (7) business days of the request, where service can be provided by
activating or installing a drop; within ninety (90) calendar days of the request where an
extension of one-half mile or less is required; or within six (6) months where an extension
of one-hal~: mile or more is required. Provided that, in cases where a franchise agreement
permits a franchisee to require a potential subscriber to bear a share of extension or
installation costs, and franchisee requires the potential subscriber to bear such costs, the
time for extension shall be measured from the date the subscriber agrees to bear such costs
or, if a franchisee requires prepayment of all or a portion of the estimated costs, from the
date the prepayment is made; A franchisee that requires a potential subscriber to bear a
portion of installation or extension costs must prepare a written estimate of extension costs
within seven (7) business days of a request for an installation or extension that would be
subject to cost-sharing.
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-- ' (C) Any cable system within the city shall meet or exceed the technical
standards set forth in 47 C.F.R. § 76.601 and any other appl/cabte technical standards.
,. (D) A franchisee shall perform- aR tests necessary, to demonstrate
compnance with the requirements, 'of the franchise ~agreement an& other technical ~a,
performance standards established by applic~t.:law'. -~Jhl~;s,;~ ~I~ agre[~a~nt~
applicable law provides otherwise, all tests ~h~l tanc~: ~th fed~r~
roles and in accordance ' Cable Television
promptly ta~
, .(E) · Ev.ery~cable or open video System and every cable or open video system
operator snatt I~e reqmred to interconnect with every other cable or open video system and
cable or open video system operator within the city on~ fair and reasonable terms for
purposes of Providing PEG and 1-Net services.
(4) System maintenance.
Scheduled maintenance shall be performed so as to minimize the effect of any
necessary interruptions of cable service.
(5) Continuity of service.
Each franchise agreement shall, during the term of the franchise, ensure that
subscribers are .able to receive continuous service and that, in the event the franchise is
revoked or terminated, the franchiseemay be obligated to continue to provide service for a
reasonable period to assure an orderly transition of service~ from the fi:anchisee to another
entity.
Sec. 5-26. OperatiOn and reporting provisions.
(1) Communication with regulatory agencies. If requested by the city in
writing, a franchisee shall file with the city all reports required by the FCC including,
without limitation, any proof of performance tests and results, Equal Employment
Oppommity ("EEO") reports, and all petitions, applications, and communications of all
types directly related to the cable system, or a group of cable systems of which the
franchisee's cable system is a part; submitted or received by the franchisee, an affiliate, or
any other person on thebehalf of the franchisee, either to or from the FCC, the Security
and Exchange Commission, or any other federal or state regulatory commission or agency
having jurisdicfion~over any matter affecting operation of the franchisee's cable system.
Provided that, nothing herein requires the' franchisee to produce regulatory or court filings
that are treated by the agency or court as confidential, such as Hart-Scott-Rodino Act
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filings:- Nothing in this Section 5-26(1) affects any fights the city may have to obtain
books and records under Article H.
(2) Reports.
(A) If requested by the City in writing within forty-five (45) calendar days
after the end-.of each calendar quarter, a franchisee shall submit ~a report to the city
containing the following information, within thirty (30) calendar days of such written
request:
1. the number of service calls (calls requiring a truck roll); and
2. the mmaber and type of outages known by the fi-anchisee for the
prior quarter, identifying separately the following:
a. each plarmed~ outage, the time it occurred, its duration, and the
estimated area affected;
b. each known unplanned outage, the time it occurred, its estimated
duration and the estimated area affected, and iflmown, the cause;
c. the total estimated hours of Imown outages. An outage is a loss of
sound and video on all channels.
lB) Upon written request of the City, no later than ninety (90) calendar
days after the en~tof its fiscal year, a franchisee shall submit a written report, within forty-
five (45) calendar days-of such request; that shall contain such information as may be
required from time to time bythe city, and at least the following, unless the city waives the
requirement:
l. a sun-unary of the previous year's activities in the development of
the cable system, including descriptions of services begun or discontinued, ~e number of
subscribers gained or lost for eacJa category of cable service;
2. a summary of service calls for which records are required under
section 5-26(3)(A), identifying both the number and nature of the service calls received and
an explanation of their dispositions, if any;
3. a revenue report from the previous fiscal year for the cable
system, audited by a certified public accountant;
4. an ownership report, indicating all persons who at the time of
filing control or own an interest in the franchisee of ten percent (10%) or more;
5. a list of officers and members of the Board of Directors of the
franchisee and~ any affiliates directly involved in the operation or the maintenance of the
cable system;
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with more
an organizational chart showing all corporations or partnerships.
in the franchisee
all
corporate
7. an annual report of each entity identified in section 5-26(2)(B)6.
which issues an annual report;.
8. a complete
physical miles
categorized as aerial and t
with the
conformitywith FCC technical standards2
appropriate
System maps fried
to show
9. A report showing, for each cable customer service standard in
fome, the francMsee's performance with respect to that standard for each quarter of the
preceding year; In each case where franchisee concludes it did not comply fully, the
franchisee will describe the corrective actions it is taking to assure future compliance~
10. Notwithstanding the above, once the informatiOn required by
sections 5-26(2)(B)4.-6. has been fiIed.-once, it need. only be refiled if it changes.
(3) Records Required A franchisee shall at att times maintain:
(A) Records of ail service calls received with information sufficient to
allow the franchisee to prepare the reports required in this section 5-26;
(B) Records of outages known to the fianchisee, with information sufficient
to ailow a franchisee to prepare the i, eports required in this section 5-26;
(C) Records of service cails for repair and maintenance indicating the date
and time, if available, service wa~ requested, and date and time, if available, service was
scheduled (if itw~s schednled), and the date and time, if available, service was provided,
and (if different) the date and time the problem was solved, if availablg and
(D) Record~ ofinstallation/reconnection and requests for service extension,
indicating date of request, date of acknowledgment, ff available, and the date and time, if
available service was provided;
Sec. 5-27. Rate regulation and consumer protection.
(1) Scope and applicability. Thc City reserves ail rights to implement and
impose regulation ora franchisee's rotes and charges to tho maximum extent permitted by
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law, a/xd may do so by amendment to this Chapter, by amendment to a franchise
agreement, orin any other lawful manner.
(2) Rate regulation procedures. Rate regulation shall be performed in
accordance with the roles and regulations of the FCC~ The City Manager, or his designee,
may take any required steps to file complaints, toll rates, issue accounting orders or take
any other steps required to comply with FCC regulations. The city commission shall be
responsible for issuing final rate orders that establish rates or order refunds. No rate may
be put into effect without the prior review and approval of the city, except as federal law
may otherwise require.
(3) Rate discrimination prohibited. Except m the extent, the city may not
enforce such a requirement, a franchisee is prohibited from discriminating in its rates or
charges or from granting undue preferences, to any' subscriber, potential subscriber, or
group of subscribers or potential subscriberS; provided, however, that a franchisee may
offer temporary, bona fide promotional discounts In order to attract or maintain
subscribers, so long as such discounts are offered on a non-discriminatory basis to similar
classes of subscribers throughout the franchise area; and a franchisee may offer discounts
for the elderly, the disabled, or the economically disadvantaged; and such other discounts
as it is expressly entitled to provide under federal law, if such discounts are applied in a
uniform and consistent manner. A franchisee shall comply at alllimes with all applicable
federal, state, and city laws, and all executive and administrative orders relating ro non-
discfiminatiOno
(4) Cable Consumer Protection Standards. Each frandaisee must satisfy cable
consumer protection standards established by the City from time to time by ordinance or
by resolution. In addition, each fianchisee shall at all times satisfy any additional or
stricter requirements established by applicable law including, without limitation, FCC
customer servtce standards and cOnsumer protection laws.
See. 5-28. Franchise fee;
Amount of Franchise Fee: A franchisee shall pay to the City a franchise fee ia an
amount equal to five percent (5%) of gross revenues.
See. 5-29~ Transfers.
(1) City Approval Required. No transfer shall occur without prior written notice to '
and approval 9f the city commission. Transfer without the prior written approval of the
city shall be considered to impair the city's assurance of due performance. The granting of
approval for a transfer in one instance shall not rende~ unnecessary approval of any
s~t~sequent transfer.~
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(2) Application.
. (A) Th~ fi'an~hisee s .ha.l!promptly ~otify tho city o f, any proposed transfer.
If any transfer sh0u!0; take-place Without prio~' notice to :thc cityi t~c ~ancMsee ~ll
promptly notifY the City that sU&t~ a t ramfeil~, oc~Utre&
least one hundred
date of a
days. prior to the
shall submit to-the city an
Oli
I. all informati.o~, and ,fonns~ required under federal law or the
equivalent o~'s~uch forms if no lOnge~tfir~c~by federal l~w;:
of this Chapter;
2. all information r~uired in Sections 5-24(2)(A)and 5-24(2)(E)4.
3. any contracts or other documents that relate to the proposed
transaction, and ail documents, schedules, exhibits, or' the like referred to therein to the
extent that such documentation is required by the FCC;
4. any shareholder reports or filings: with the Securities and
Exchange Commission ("SEC") that discuss the transaction;
5. other information necessary to provide a complete and accurate
understanding of the financial position of the cable system before and after the proposed
transfer;
6. complete information regarding any potential impact of the
transfer on subscriber rates and service;
7. a brief summary of the proposed transferee's plans for at least the
next five (5) years regarding line extension, plant and equipment upgrades, channel
capacity, expansion or elimination of services, and any other changes affecting or
enhancing the performance 0fthe cable system.
(C) For the purposes of determining whether it shall consent to a transfer,
the city or its agents may inquire into alt qualifications of the prospective transferee and
such other matters as the city may deem necessary to determine whether the transfer is in
the public interest and should be approved, denied, or conditioned as provided under
section 5-29(3) of this chapter. The franchisee and any prospective transferees shall assist
the city in any such inquiry, and if they fait to do so, the request for transfer may be denied.
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-(3) - Determination by City.
Ia- making ~t .d. etermination as to whether to grant; deny, or grant subject to
conditions an application for a tr.ansfer of a franchise,, the city shall consider the legal;
financial. and teelmical qualifications' ot5 the transferee to operate the cable system; any
potential impact of the transfer on subscriber rates or services; whether the incumbent
cable operator is in compliance with its fi~aachise agreement and this ordinance and, if not,
the proposed transferee's commitment to cure such noncompliance; whether the u'ansferee
owns or controls any other cable system in the city, and whether operation by the transferee
may eliminate or reduce competition in the delivery of cable service in the city; and
whether operatio~ by the transfere~ or approval of the tramfe~ would, adversely affect
subscribers, the public, or the city's interest under this chapter,, the franchise agreement, or
other applicable law,
(4) Transferee's,dgreern~nt~. Subject to any Iranaitional provisions that may
apply; no application for a transfer of a franchise shall be granted unless the transferee
agrees in wfitingthat it will abide by and accept all terms of this Chapter and the franchise
agreement, and that it will assume the obligations, liabilities, and responsibility for all acts
and omissions, known and unknown, of the previous fi~anchisee under this Chapter and the
fi~xtehise agreement for all purposes, including renewal, unless the city, in its sole
discrehon, expressly waives this requirement in whole or in-pert.
(5) Approval Does Not Constitute Waiver. Approval by the city of a transfer of
a fianchise does not constitute a waiver or release of any of the fights of the city under this
Chapter or a fxanchise agreement, whether arising before or after the date of the transfer.
(6) Exception for intra~company transfers. Notwithstanding the foregoing, a
fxanchise agreement may provide that transfers to affiliates of a franchisee shall be
excepted from the requirements of Section 5-29(1) and (2)] where the Affiliate is wholly-
owned and managed by an entity that will guarantee the performance under a franchise
agreement; and, subject to. any t~-tsitinnal provisions that may apply the transferee
affiliate:
(A) notifies the city o£ the transfer at least sixty (60) calendar days
before it occurs and, at that time provides the agreements anct warranties required by this
Section 5-29, describes the aatur~ of the transfer, anct submits complete information
describing who wig have direct and indirect ownership and control of the cable system
after the transfer,
(B): warrants that it has read, accepts and agrees to be bound by each and
every term of the franchise and related amendment, regulations, ordinances and resolutions
then in effect;
(C) agrees to assume all responsibility for all liabilities, acts and
omissions known and unknown of its predecessor franchisees for all purposes, including
renewal;
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(D) agrees that the transfer shall not permit it take any position or
exercise any right which could not have been exercised by its predecessor franchisees;
mat will be
ability perforra;
(F) . w~rr, ants tb~t.:~e tmmfer wilt, not in ~ way ad, tersely affect~the
city or subscdb~ ({nclu~by
(G) notifies the city that the/ransfer-is complete.within five (5) business
days of the date the transferis complete; anct·
(H) agrees:that the transfer in no way affects any eValuation of its legal,
financial or technical qualitications that may occur under the franchise or applicable law
after the transfer, and does not ~ectly or indirectly authorize any additional t~ansfers.
See. 5-30. Connections to cable system; useofantennae.
(I) Subscriber right to attach: To the extent consistent with federal law,
subscribers shall have the right to attadr VCR's, receivers; anct other t~mdnal equipment to
a franchiseo's cable system to recetve services for which they paick Subscribers also shall
have the right to use their own remote control devices and converters, and other similar
equipment to receive sen, ices for which they paid.
(2) Removal of existing antennae~ A franchisee· shall not, as a condition of
providing service, require a subscriber or potential subscriber to remove any existing
antenna, or disconnect an antenna except at the express direction of the subscriber or
potential subscriber, providec[ that such antenna is connected with an appropriate device
and complies with applicable law~
Section 3. Conflicting Ordinances
All prior ordinances or resolutions or parts thereof in conflict herewith are' hereby repealed
to thc extent of such confl/ct.
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 Comm/ssion 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 "ordinanee" may be changed to "section," "article,"
or such other appwpriate word or phrase in order to accomplish such intentions.
Section 6. Effective Date.
This Ordinance shall become effective thirty (30) calendar days after adoption by the City
Commission.
FIRST READING this day of ,2000.
SECOND, FINAL READING AND PASSAGE this day of ,2000.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Mayor Pm Tern
Commissioner
Commissioner
ATTEST:
City Clerk
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ORDINANCE
O0- &
XI-LEGAL
ITEH A, 11
ORDINANCE OF TI~ CITY COI~MISSION OF THE CITY OF
CltAPTER 25.1 OF TI~
CODE OF OF TILE' CITY OF BOYNTON BEACH,
ENTITLED~ ~ "TELECOMMUNICATIONS", REGARDING THE
FRANCHISING AND~ LICENSING OF TELECOMMUNICATIONS
SERVICE PROVIDERS. USING PUBLIC RIGHTS OF WAY AND
~: ESTABLISHING
PROVIDING 1
AND ESTABLISHING
~ SUCH
FOR: CONFLICT;
PROVIDING FOR INCLUSION;
WHEREAS, the public streets, alleysi easements and other rights&f-way w/thin
the City:
(1) are critical to the travel of persons and the transport of goods and. other
tangibles inthe business and social life ofthe community by all citizens;
(2) can be partially occupied by utilities and other public service entities for
facilities used in the delivery, conveyance, and transmission, of utility and public services
rendered for profit, to the ~.c. ement of the health, welfare, and general economic well-
being ofthe city and its citizens; and
(3) are & unique and physically limited resolve so that proper management by
the City is'necessary to maximize ~eefficiei~cy and tO ~ze the costs to the taxpayers
of the foregoing uses and to minhhize the inconvenience to and negative effects upon the
public from nh facilities,' eonst~tion, emplacement, relocation, and maintenance in the
rights-of-waY; and ~
(4) aro intended for public uses and must be managed and c6ntrolled consistent
w/th thatintent; anc[
WHEREAS, thc fight to place facilities and fixtures in such rights-of-way for the
business of prOviding telecommunications services for hire, is a valuable economic right to
usea unique public resource that has been acquired'and is maintained at gma~ expense to
the City and its taxpayers, the economic benefit of which should be shared with the
taxpayers of the City;, and
WHEREAS, the CITY OF BOYNTON BEACH ("City") is authorized by state and
local law to,. control the use of public rights-of-way, and to franchise operators of
telecommunications systems, which use such rights-of-way; and
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-: WHEREAS, the City Commission of the CITY OF BOYNTON BEACH finds that
it is in the interest of the public to J~anchise and to establish standards for fi:anchising such
operators and licensing private communications Systems in a manner which:
under which
·?ow;from
~, in a manner
(5)
the development and use of the
~ppropriate for various
fie grpe of service provided, in order to
~ similarly as possible, and to avoid
each,type of fr~chise; and
to local procedures
to apply the provisions
r it to those with
for communications
Secfioa t.. The foregoing "WHEREAS" clauses are true and correct and hereby
Section ,2~, Chapter~ 25.[ ~¢le I of the Code of Ordinances of the CITY OF
BOYNTON BEACH, entifle~ '!General'~, is hereby created to read as follows:
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ARTICLE I- GENERAL
See. 25.1-1. Definitions.,
(1) Generally. For the purposes of-this Chapter, the following terms,
phrases~ words, and abbreviations shall have the meanings given herein, unless otherwise
expressly stated.; When not inconsistent with the context, words nsec[ in the present tense
.inc!,ude .the .ftttur~ t~ .~ e;.words in the plural number include the singular nUmber;, and words
tn me' sm~ n~er' include the plural nUmber;, and the masculine gender includes the
feminine gender.. "And" and "or" may be read conjunctively or disjunctively. The words
and "may" is permissive. Unless otherwise expressly
given the meaning set.forth in Tire 47
if not defined therein, the/e common and: o/d/nary meaning.
(whether.persons or entities) refer to those entities or
their ~uthority. ff .....
specific prows~ons bf law ~referred to hereto are
the. reference shall be read to refer ~o ttie renumbered provido~
~eferences to. ~St. ordinances or regulations shall b~ interpreted broadly to cover
Overnment acti~.~n~, hoWeve~ nominated, and include laws~,orrl~n~nces and regu~ations~now
in force or hereiiiaiter enacted or mended.
(2). ~.ffi~ $1~e,~ means a person that, (directly or indirectly), owns or controls~ is
Owned et COntr61t~by, 0tis Under common ownership or control:with, another person.
(3) ,4~.nuatoccupancy fee means an annual charge against (a) the operator of
ce. mm .~u~ 'cations!i~i~ that are excused frompaying the fi~ franchise fee rcquiyed under
this or ~6imuce; ~d!~)ith/e owner of a private communications system. The fee recovers an
apportioned Sha/~ of the. ..costs' to the City for maintalr~ng those portions of the public righ-'ts
ofTway ased by:}.the 0Perat0r of a communications facility and the owner of a private
communications~'sy~t~,:
(4) Construction, operatio~ or repair. "Cons/ruction; operation or repair" and
similar formulations of that term means the named actions interpretecL broadly,
encompassing,~ a~,on, g.: other things, installation, extension, ma/ntenance, replacement of
components,~reloeatmn, undergrounding, grading, site preparation, adjusting, testing, make-
ready, an~i excava/i6n.
(5) CommU~nications facility refers to a telecommunications facility or a private
communications ~yatem, but does not include a franchised cable system to the ext~nt the
same is nsed to prbVide cable service.
(6) Franchise refers to the authorization, granted by the City to a properly
licensed operator of a' telecommunications facility, giving the operator the non-exclusive
dght to use publio rights-of-way in the City to provide, through physical facilities located
therein, telecommunication services or such othe~ service as may be specified in the
franchise itself within a franchise area~ Any Such authorization, in whatever form granted,
shall not mean or include: (i) any other permit or authorization reqttired for the privilege Of
transacting and carrying on a business within the City required by the ordinances and laws
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of the. City; (ii) any permit, agreement or authorization required in connection with
operations on pUblic streets or property including, without limitation, permits and
br placing devices on or in poles, conduits or other structures, whether Owned
or apfivate ~nfity~ Or for excax~at~g or:p~t'o~g 0th~W0rk~°r alOng public
~i~ro~ns ~f t~fs :Ch.. ~aptf~r.b~ th~ C~ ~laet a. Frane~ee tha~ $~ts (forth~ subject ta this
i~.h~, ih~,aad coiiditi°~.nnde. ,r. ~hie~ ~ granc~se~l~ beex/erei~se&!,
1-7
,~ is authorized
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~3
(11) Gross Revenues
particul~, ~screte and l~ted Portion of~e public fights,of-way.
A
facility
tO USO a
who
one or more
ontrols or is
[ facility.
(15)
services~.
Perso/~ ~c!ude~. ~ ~, corpo~,~ on, parm~p, association, joint
stoek.co,~y,,.~ or mY otheri!egal ~, but not ~e City. ~ ..
Private communications system means'a facility placed in whole or in part in
in connection with a person's
m any ~ respect the. ~prov/s~ ~f ~e!ecommtmications
(!6) Private communications system owner means a person that owns or leases a
private communications facility.
vhich the City
the purposes for which
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it was_dedicated, may be us~ed for the pur~ose~ of constracting, operating and repairing a
communication~ faciiitY.' rfib~ie ,fights oilway do not include buildings, parks, or other
property owned or leased by the City. No reference herein; or in any franchise agreement,
!o a. public fight-of-way ~ be deemed to be a representation or guarantee by the City that
~ ,interest or other.righ~t tO ~qntml ~.o..use of such property is sufficient to permit its use for
such ~ur?0~y$,,.~.a~.0.& fianchise* shall, be deemed to gaia only those rights to USe as are
properly in tho cxty and as the City may have the undisputed right and power to give.
that provides.telecommunications sereice over
person does. not
(19) Transfer means any transaction in whic~ (i) all .or~ a portion of the
communicati0n~ facility is sold or ~sigued (except a sale oi" aSsignn~nt that. results in
facility fi'om ! there is any
or
~ franchise or
to
to
· I~ 0 Telecommunicaaons services means the transmission.~r hire, o£ information in
elec~ o~¢ ~0r 9pfigal form, including,~bu~t not limited to, voice, vid~ or.~.~ whether ornot
the ~ssmn medium is .owned by the provider itself.. T~tecommunicafions service
inctUdei telephone Service but does not include over-tile-air br ,oa~ ~asts to the ~ublic-at-large
from facilities licensed by the Federal Communications Co~SSion or any successor
thereto, cable service or open video service licensed or fi'anchised:by the City.
Sec. 25.!-2.~ Franchise Reouired.
other, s ]
not I
~ust obtain. An operator of a telecommunications facility
prior to constructing a telecommunications facility or providing
services. In addition, every private communications systern owner
So long as it pays the compensation required, a reseller may USe
conduct business in the fight-of-way Without obtaining a written
as it does not own or lease facilities in the right-ol;-way and is
or repm~ of facilities ia the right-of-way. The fact that a
~ be USed for multiple purposes does not obviate the
license or other authorization for those other purposes~ By way
operator of a telecommunications facility mUSt obtain a
m provide cable service, even if it uses the same facilities or
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share~- facilities that are used to provide telecommunications services2 No franchise shall
become effective without the franchisee entering into a franchise agreement with the City.
title,
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~' Or
operator, owner
to SOme other
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author/zatiom The franchise fee shall be based on gross revenues, except as ~_~.~_ _~ae,t
Section 25.1-3 (3).
forth in a
result in a double payment far tho same
unless othemise ~.z~l
~ ~ oce~pancy
shall be
to time issue
transition
~o this. exception, the highest
provide sep~ce -
(4) Application
a ,fee is paid on o~e~
excuse an operator from its ¢
facilitY: As ~a example,
(B) In the case of a telecommunications facility, that :is not designed to
oiW, and lhat does not provi~le service in tlie City, or where: a
minimis use Of publicrights-of-way, and is lic, ensed pursuant io
.taus use ,of.the rights-of-way sha.q include,, but shall not be
.'~.~ The:City,shall establi~li:a fee,in lieu ofihe fees specified in
market value of the
as ~ontemptated by
£rovid¢ different ~*x of service& The fact that
~ eu,a-,~atio~s~ facility, does not
provided over that
~ limitation;of the ixegoing~ the operator of a
(5) General rules:for payment offee~
( A ) Unless
payment made:not Iater lhan
quarte~.
slate law, a fianchise agreement or a
City quarterly in a single
(45).l~.lenda~ flay~ alter the end of each calendar
(B) Unless a ~ agreement or~ license ~ otherwise, each
payment shall be accompanied by a sl~maent showing, the mann~ ~n which the payment
was calculated.
(C) No acceptance by the City of any paymem shall be ~ ~s ~
accord that the amount paid is in fact the correct amount, nor ~att such acaep~m~e of such
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payment be .construed as a release of any claim the-City may have for additional sums
payable.
L ot~4se~ in:tkis
operator, its
25.14 shall be
itis
perform the
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(A) The constraction, operatiom and repair of communications facilities
are subject to the superv~sion of all of the authorities of the City that have jurisdiction in
such matters, and shall be performed in compliance with all laws, ordinances, departmental
example, and not
codes and safety codes. Ir/addition, the construction,
op a manner censistent with high industry standards.
' repair of communications facilities shall
performance of all their activities, and use commonly
accepted methods and dew~ces for preventing failures and accidents that are likely to em/se
damage, injury, Or nuisance to the public Otto property.
shall be
p=.,..its and associated permit fees
.and all work performed
not
ight-of-way including; by way of example and
prop? owners, conditions impnsed
public ~.'ights-of-way, for the i~coper
the acts of its
City may
.ondit~on ,of
joint
U.S.C.
t no case may additional poles or conduit be ~ed-in the right-of-
city. 1
who is
U.S.C.
at a ra~e
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-- (F) Except as City may direct othemrise, communications facilities may be.
constructed overhead where poles exist ~and electrl~ or lines of a local exchange carder
· . fimaebised before 1990 are overhead, but where both electric or such telephone .lines are
;: .:' ~Or are being initiatly:plaee~ or,at the City
~itireet~o~ Cth~ n~; ~aeiEEes ,slaall B~ ci~;~e~:~u~der~und~ Excep!; asCity
,>n~y,~i~th~erWise; whenev~ ,and. wherever~e, o/inlet 6~itr~les tlpOn ~ch~al
facilities are locaied:mo~,its pl ,ant from~over~e/d t~; placement m an area. all
~commtmicatio~ facilities in ,ttm, ~t ~e~ St/all, b~ S~ty moOed:undergrotmdi-
~the
or
r as the"
calehdat~lay~
be
aof
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(13) If any person (other than a governmental entity) that is authorized to
place facilities ia the fight-of-way requests another communications facility opermor
-receiving the or relocate its
t other
person, the communications facility~operator shall, after thirty (30) calendar days' advance
written notice, take action to effect the necessary changes requested. Unless the matter is
governed by a valid contract or a state or federal law or regulaion, oriu other cases where
the communications facility that is being requested to move was not properly installed, the
temporary
low~
(C) A cornmtmica6ons
om the request of any
i raise or
tho
seven (7) calendar
for the co~t of
person may
information. Eyery
City to
icense agreem~ent,
2ity may from time to time
plans for const~action, operation and
plant is being constmcted¢ operated or repaired.
(5),
that
Each operato~of.a communications faci~ty
shall bo a member of tho ,regional notification center:for
and ~ field mark tho lo6ations of
upon request ~The operator shall locate- its
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-- (6) -- Publicizing Work.
perrait, before entering onto any
best
at
a~
one aay~
::may the operator
(C) all federal,
state, and local laws as the
same may be t
Sec; 25.1-$.
OqCaao ~ '
(1)~ Indemn ~ rt. i: , ~ ~- ~'
(A) authorize
· lunless the
any
City ¢ at least:
and
responsibility related'
franchise or Other
result of the
2. indemnify and hold harmless the City,~ its trustees, elected and
appointed officers, agents, and employees, from and,against any and all claims, demands, or
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causes- of action of whatsoever kind or nature, and the resulting losses, costs, expenses,
reasonable attorneys' fees, reasonable paialegal exPenses, liabilities, damages, orders,
judgments, or decrees, sustained by the City. or any thirdparty arising out of, or by reason
of, or resulting fi:omor of the acts~ errors; or omissions of the communications facility
operator, or~ its agents, ~dependent~ contractors or employees: related to or in any way
arising out of the Communications facility operators_ use of the ri~hts-of-way or any
property it is authorized or entitled to use as a result ofthe franchise or other authorization.
.3. provide that the covenants-and representations relating to the
ind.en~'fication pmvi~ion shall survive the t~tm of any agreement and continue in full force
and effect as to the party's responsibility to indenmif%
enter into any franchise, or otherwise
public, rights-of-way, unti~ and
those:acting on its behalf) have
it aminiraum, the following requirements mnat be satisfied.
(A) A communications facility operator shall not commence construction
or operation of ~h? facility without obtaining all insuranco required under this section and
approval of such inauranee by Risk Management of the City, nor shall a eommunicatious
facility operator allow any contractor or subcontractor to commence work on its contract or
sub-emmet until all similar such insurance requiree[ of the same ha~ been obtained and
approved. The required insurance mnat be obtained and maintainec[ for the entire period the
communications facility operator has facilities in the right-of-way, and for a period
thereailer as specified.in the minimum coverages described, beloxv. If the operator, its
con~ ~ars or subcontractors do not have the required iusmanco, the City may order such
entities to stop operations until the insurance is obtained and approved.
insurance, reflecting evidence of the required
Risk Manager CoordinatOr. For entities that are entering
be flied prior to the: commencement of construction and
once a pro.vialed below in the. event of a lapse in coverage. For
entities that in the right-of-way aa of the effective date of this chapter, the
~ixty (60) calendar days of the adoption of this chapter,
m coverage, unless a pre-
of certificates in a different manner.
statemen,~s ~
asurance shall contai~ a provision that
least thirty (30)
has been given to the City. Policies shall be issued by
laws of the State-of Florida. Financial
in the latest edition of "Bests Key Rating Guide",
commumcations facility operator may self-insure.
with certification of S.~e by presentation of finandal
( ) year old and rogued by the Communications
.' Financial Officer or designee. Information contained therein is
Risk Management. Division.
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-- (D) In the event that the insurance certificate provided indicates that the
insurance shall terminate or lapse during the period of this contract, then ia that event, the
communieations facility operator shall furnish, at least thirty (30) calendar days prior to the
or
C~
, $t,000,000
! $I,000;000
3iooo,0oo
$3,000~00~
md ~du~ts Lmbility shall be,maintained for two ( )
~uflicat/~'aeility oper~to0 62 ~0mpletion of the
~ti~ns,facffity;Operator (i~ the cas~:, of a contractor or
for the
shall be
employees
the lattefs
each
and its
Liabiiit~
b.
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COMPREHENSIVE AUTO LIABILITY
Bodily Injury
i. Each Occurrence ~L000,000
ii. Aunual Aggregate 3,000,000
Property Damage
i. Each Occurrence
ii. Annual Aggregate
$1,000,000
3,000,000
Coverage shall include owned, hired and non-owned vehicles.
(F)' Each communications facility operator shall hold the City, its agent~, and
arising out of its conslruction, operation or repai~ of il~ communications facility and name
the City as an adclitional insure&
. (3) .Performance/payment bond~. Every operator Of a communications facility
may b.e required!ta obta~performance bonds~ and, if neCeSsary; payment bonds to ensure
the faithful I~efformance of its responsibilities under this ordinance and any franchise
agreement or license for un initial build, any substantial rebuild, upgrade or extension of its
facility, or when ~cOnstmetion Plans show tha~ithere would be more than 1,000 feet of open
trenching in the fight of~vtay, at any given time.. The amount of the performance and
payment bonds shall be:s~t~by~'~h~ the City Manager in ligh~ of~tffe nature of the work to be
performed, and is not in :lieu of any additional bonds that, may be required through the
penui_tting p. rocess, The li0nd shall bein ~ form acceptable:~o the City attorney. The City
may from,tirne to timel ~crease the,amount of~ the require~ performance bond to reflect
Lucreased risks to the City and to the public.
! ( ) ,~See~ '~ ~d~ Every commumcauons facility operator shall establish a
$25,000 cash Sec~i'~ or provide the City an irrevocable letter of credit in the same
_amo t, to ecure ? p ent fees'owed, to secure any other performance promised in a
franchise agr~ and ~0~p~y any taxes, fees or liens owed to the City. The letter of
credit shall be in a.form and with an institution acceptable to the City attorney and director
Should the City draw upon the cash security fund or letter of
credit, the communications facility operator, and the
:of credit to the
fifll~ fund/letter of credit may be waived or reduced by the
:letemdnea in~ts diseretionthat a $25,000
secure the requi~d performance. The City
ffter the cgmmtmicatiola~ facility operator
increase the amount of the required sec ~urity
fund/letter of ~ 2ity and; to,the public.
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See. 2S.I-6; Enforcement and Remedies.
Administration. The
(A):
the City cleric.
the City.
City
· : Pace 16 of 28
its designee
is responsible for
t comm2sslOlt..
~ to
the
: of
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-- (3) -- Minimum contents of every franchise or license. In addition to sa~dsfying the
other app. lica. ble r~eq..mr, ments o~ .Articles I-l]~ every ~anchise agreement or license for a
communications facdit~may contain the following provisions:
(A) The franchise agreement or license shall provide that neither the
granting of any tianchise or license, orany provision thereo£ shall constitute a waiver or
bar tO the exercise of any, govemmentaI fight or power, policepower, or regulatory power
ofthe City as rn~ y exist atthe l~e,the franchise is issued, or therea~er be obtained.
~ of
the franchise or
no transfer
consent of
shall be a
0XCepr: aa
commumcat/on, f~ies m the right- of-way will not discriminate in hiring, in contracting,
or in the pmvisionO~serviees. '
(E}~ Ilae franchise agreement or license shall contaiu appropriate provisions
for enforcements: c.-o..mpensation. and protection of the public, consistent with the other
provisions ofttds~ce.
franchise
than ten
The franchise or license shall be for a specified tram, set forth in the
· this chapter shall be for a te.u of
~ license issued under this ordinance shall be for a tram of longer
(4) Penaltieg.
Any person who violates any provision of this ordinance shall be fined for
each-day the violation, continues in accordance vdth, Chapter I62 of the 1996 Florida
Statutes, as amended,
(5) Revocation, reduction ofterm, or forfeitttre offranchise or ficense.
(A) Where, after written notice and providing the licensee or franchisee
an opportunity to be heard (if such opportunity is timely requested by a franchisee or
licensee), the City finds that the facility is being operated in substantial violation of this
chapter or substantial violation of the trams of the franchise agreement or license, the City
may make an appropriate reduction in the remaining term of the franchise or license or to
revoke the franchise or license~ The City manager is authorized to establish and conduct a
proceeding that comports with the requirements of this Section 25.1-6(5)(A), and to issue a
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recommended decision, but any such decision may be appealed to the City commission.
Any appeal, must be filed within thizty (30) calendar days of the decision of the City
; deemed waived~ Notwithstanding the foregoing~ the franchise or
t unlessthe franchisee or licensee:
Z ~as~;g~ven~,~-(30) ealendar<lmjs to cur~the ~tefault, an
the default
or license
1i¢ei1~o¢ or
not limited to,
orl
Eorfeited.
option Of the City
appointment of a receiver o
whether in a receivership,
creditors,, or other action or
calendar day period:
2~
(30) calendar days
~ franchisee
license: shoutd nor be
license'may, a~the
be revoked one
~chisee or lic~ee,
for the bene~ii of
hundred twenty (i20)
been vacated; or
ially complied with the terms
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(E) Notwithstanding the foregoing, in the event of foreclosure or other
j dicmt sale of any of thee ~eflitles, eqmpment or property of a f~mchisee or licensee, the
City may revoke the ~chiSe or license; follo~qn~ a pUblic~ hearing'before the City
c. omn~i.'ss!0n, ?.y senSng notice Upon.the. franchisee or licensee and the successful, bidder at
the sale, m which event~Ihe fi:anchise or license and all fights and priviieges of the franchise
:-'or license will be revoked and. wiB terminate thirty (30) calendar days after serving such
notice; unless:
1. The City has approved the transfer of the franchise or lieeuse
the'successful b~dd~r;~and
and agreed with the
: o~ the
the[
or all of the
f~orfeimre of a licease
of time; the
the
in the public rights-of-way al~ fumi~hlng., the
v~iRen notice and. granting tho r ~fi0~
than ~(30) days to
remove some
Should the franchise, or licensee neglect,
(7)
security fund or
or remedy it ~
damages.
facilities
Remedies Cumulative. All remedies under this chapter
~ are cumulative unless otherwi~se~ expressly stated.
not foreclose use of another, nor.~ ~..!~ exercise Of a
· damage ~ or penalties relieve ack'cations facility
~ with its Franchise or License. Remedies may be used
may exercise any rights it has at law, or
t amounts under insurance..thep~ce bond, the
or otherwise does not limit a communications facility
~ relieve a
limit the
authorize the
Page 19 of 28
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.. (8) Access to books and records.
(A) Each communications facility operator shall,: upon thirty (30)
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45
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--(9) Retention of Records,. Relatzbn to PrivacY Rights. Each communications
facility operator .qh~l! take all reasonable steps required, if any, to ensure that it is able to
provide the City ali information which must be provided or may be requested under this
chapter; 'a fi'anchise or. license, agreement, or applicable law, hacluding by providing
appropriato Subsc/iber privacy notice~ Each Operator shall be responsible: for redacting any
clTa~a that applicable la~ prev~.nts it from provi~ing to the City. N;thing in this section ~
be read to reqmre an operator to violate state or federal, law protecting subscriber pr/racy.
(lO)
maintain
~ of communications facilities to
Copies
verify location.
howing the
City engineer.
fi'anch/see
City's:
The City may do all' thiags~r, hiC, ' _k. ar e_:,~:necessary and
this/artl'cl.:,
'i'l~e~Cit~;manager or its
to adjust,
franchisee
adjusg settle or
of any
~s article.
of the C~ty to insist on'timely performance or
franchise shall ao~ Constitute a waiver of;the
r other
afl~' ' (!5)_ Od.d. in~,~ce.not a. contract. The City expressly,reservers the tight to amend
s c.hapt~et] ~ m¢-!.oT, tm.i. ¢ m thE ex.se of:its !_awful powers, i ~:and any ordinance
opting proviSiOns of this chapter shall not be construed to be a, co~i.
Page 21 of 28
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Transitional Provisions.
without a franchise or license.,
The operator of any
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articles to a
: to do so~ and
with rials
:matter of law~
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-. Section 3. Chapter 25.1-20, Article Illof the Code of Ordinances of the CITY OF
BOYNTON BEACH, entitled" Special Rules Applicable to Telecommunications Facilities
and Telecommunications Service Providers", is hereby created to read as follows:
ARTICLE H - SPECIAL R~LES APPLICABLE TO
TELECO~C~TIONS ] FACILITIES AND-
TELECOMMUNIC&TIONS SERVICE PROVIDERS
See. 25.1-20. Application for a franchise.
(I), Contentspf applica~n: for initf~l or renewal.franchise. In order to obtain
an initiallor renewal fi'an6hi~e~aa c~t°r of a telecommun/~ations facility must apply for
a franc_~.'se. The applicafi'on:..mu~ eog_tainthe following'information, and such information
as the City may from time to time require.
- ~ ~ (A) id~ty ~fthe gPp~cant; the. persons who exercise working control over
· e aPplicant;iand the p~ng who ~o~ttpl thos6 persons, to the ultimate parent.
~:: , (B) &Prgpos~for comtmction of a telecommunications facility, that sets
forth at least the foll0w/ng:
facility.
1. A description of· the services that are to be provided over the
d 2. The location of proposed facility and facility design, including a
eseripfion of the miles Of plant to be i~stalled, where it is to be located, and the siz~ of
facilities and equipment that will be located in, On, over, or above the fights-of-way.
3.:A description qf the manner in which the system will be installed,
and the time required to construct the isystem, and the expeCted.effect on right-of-way
usage, including, informafio~ on the ~ility 0f the rights of way to accommodate
pmpos ~ed systen~, including, ~. appropriate given the s~tem proposed, a.q.estimate of the
availabilitY Of space in cofld~ts and an ~tima~ of the cost of ~tus; necessary rean'angement
of existing facilities.
4-. A descfipfi0n~ where appropriate, of how, services will be
convened fi'6m existing facilities to new facilities, and what ~wilt be done with existing
facilities.
(C) Proof, atte. sted to by ~ ceniti?xl public accountant, that the applicant has
the finag, ciat resources tO Complete the proposed project, and to c0nstmct, ooerate and renair
the proposed facility over the~fianchise ~tm~ I,t is not the intent of the City to require an
applicant to prove that the services it proposed to offer will succeed in the marketplace.
~m~.~smmxn~c~ozmu~u.~..._..a,~e~Fag¢ 23 of 28
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-- - (D) Proof that applicant is technicalIy qualified to construct, operate and
repair the proposed facility. At a minimum, the applicant must show that it has experience
or resources to ensure that work is to be and can respond to
(E) Proof ttmt .~..e applicant, is legally qUalified, which proof must include a
demonstration that the appfica~,~t:
,- ~-~reeeiVed. 0r'i~ ia a position to receive, necessary
,, t ~ ..... - au~o~_atibns ~,~o~d state:and federal authon!a~s,
.¸
from
;of
the
and
atit
fi)
cer fing the troth
application t
the applicant is in any respect
person, including
be provided for that persom ~,
approved by
franchise' in the City for
franchise provides
existing
wiH
qualifications.
(3)
by the transferor
the
to
Page 24 of 28
for a transfer of,a fl:anehise ,.must
,O(1; except that, if th~ tran~rer°r
to the extetit&ffOrmatiOn p~ded
my s~ply
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-- (4) - City review. The City may request such additional inlbrmafion as it finds
necessary; and require such modifications to the system proposed as may be necessary in
the exercise of the City's authority over telecommunications facilities. Once the
infgrma~on re~t_ tared by the~Ci~y has becn provided;the application shall be promptly
revtewed and shall be granted if the City finds that:
(A)' The applicant has the:clUalifications to construct, operate and repak the
system proposed in c0nf, ,ojmity ~dth applicable law. The City shall provide a reasonable
~nppOnunity to.an appligant to- show t
der Section 25. l-~0(E)2,:by vigue 0
and ~e stepg tak~m b~ ~e'~lican[)i~
recurrence, Ibc. lack of ~qlvem~.e~t~ ~:
matter from the 0perati01~,~f tq!eqonm
area shall not begr4at~d i£the _~frgu~ 9,hi
enttre area for which the franchise as s~ ght,
propos~ ~y~te~..i .~S SeCtio~ doe~ ~gt authorize the City to ex~CZ'~ a"tghoritY it does not
otherwis/have dnder applicabi~ iav~ ' ~ .... -
~(G) ~9-aP~!¢an~,ent~. into a fi~tnchise agreement and?complies with any
conditi0.~_ precedent~to its 6f~ecti~ene~.i
case ~fa transfer, the City must also determine that:
1. there will be no adverse effect on the public interest, or the City's
interest in the franchise;
2. ~ansferee agrees to be bound by all the conditions of the
franchise and to assume all the obligations of its predecessor;, and
3. any outstanding compliance and compensation issues are
resolved or preserved to the satisfaction of the City.
(E) An applicant shall not be issued a franchise if it files or in the
previous three (3) years file(~ materially misleading information in a franchise application or
intentionally withheld information that the applicant lawfully is required to provide.
(5) Compensation.
(A) Subject only to the exceptions set out in Article I of this chapter, every
operator of a telecommunications facility must PaY compensation to the City as negotiated
in a franchise or license agreement.
(B) The City may accept or require compensation in-kind from an operator
ora telecommtmications facility; provided, that. the City shall not accept in-kind payments
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from-any operator' without providing other applicants that apply or have applied within
twelve (12) months anopportunity to make an equivalent imkind payment.
(10%)
or
:the City.
:BOYNTON
of the Code of Ordinances of. the CITY, OF
facilities", is hereby ~eated to
A personwishing to consRucg emplace4 operate, replace, reconstruct, or maintain a
private communications must obtain a license therefor. The license shal} only
· public right-of, way for a
with the person's business biit not encompassing
in whole or in public fight-of-way,
and for a limited be in the form provided for by
fee, the amount of which must be fixed
a time-to-time by the City.
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2¢
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Sec~ 25.1-31. Conditions oflicense~
Any license shall be subject to such conditions as the City may fi'om time; to time
establish,· ~i~alt be expreS~l~ subordinate to the use of the rights-of-~vay by operatorsI of
communication~ ~acilities, and shall otherwise conform to the requirements of this
ordinance. Subject to the foregoing~ the provisions o£Article I, sections 25.1-4(1)-(6) shall
apply to a private communications system as if it were a communications facility.
Sec. 25.1-32. Compensations.
in addition to the annual
time to reflect the fair market
Section 5., Conflicting Ordinances
Alt prior ordinances or resolutions or parts thereof in. conflict herewith are hereby repealed
to the extent of such conflict.
Section 6. 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.
Section 7. Inclusion in Code.
It is the intention of the City Commission of the CITY OF BOYNTON BEACH4 Florida,
that the provisions of thia Ordinance shall become ami 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 8. Effective Date;
This Ordlnanoo shall become effective thirty (30) calendar days
after adoption by the City Commission.
Page 27 of 28
!
2
3
7
8
FIRST READING this day of~
SECOND,
ATTEST:
City Clerk
· ~' , 2000.
dayof
,2000.
Page 28 of 28
XI-LEGAL
ITEM B.1
ZTEM XZ, B,1 - Proposed Ordinance No, O00-24
Re: Amending Land Development Regulations,
Article ZZ~ Chapter 2I, Section 3 to allow billboards
in public use: distri~ on proper~ owned by the
City and adjacent to Z~95 as a conditional use-
WTLL REMAI'N ON THE TABLE
UNTZL AFTER THE
WORKSHOP MEETZNG SCHEDULED
FOR
3ULY 13TH.~
ORDINANCE NO.. O 00- o~_~j.
AN/ORDINANCE OF THE cTrY COMMISSION OF THE
CTi~Y· OF BOYNTON BEACH,. FLOP, ZDA AHENDING
[AND DEVELOPMENT REGULATIONS, AP, T[CLE II,
iN
OWNED BY
THE: · TO I-9S AS A
FOR MINIMUM
FOR CODIFICATION,
SEVERABIL~I'Y, AND AN EFFECTIVE
CONFLICTS,
DATE4
outdoor advertising signs, are
currently
the City of Boynton Beach, Rorida
~he citizens and residents of the
City to~ allo~bi!lboa~0n pmpe~iia~blic use districts owned by the City and
O F TH E CZ'~~
Section
BY THE CTi'Y COMIC:[SS[ON
THAT:
, Section 3, Of the LDR is hereby
in underlined type and by deleting the
asfollows:
PROHIBTI'[ONS
Prohibitions,
The following signs and related equipment are prohibited in all districts:
T.
- Off premises, signsr except those permitted under Article III,
Sectior~ 6 or Chapter 22, Article II, Section 7, Paragraph O and
~rticle Z! Section,3. Paraara~h W;
W. Billboards The term billboard, as used in this Chamter shall
mean asian used' for outdoor advertisJna as defined in Chapter 479r
Section 3. All laws and ordinances applying to the City of Boynton
Beach in conflict with any provisions of this ordinance are hereby repea~ed.
Section 4. Should any.section: or provision, of this Ordinan~ or any
portion thereof be declarect,.by a court of competent jurisdiction to be invalid, ~-~
such decision shall not affect the remainder of this Ordinance.
Section 5. This Ordinance shall become effective immediately.
FIRS'r RE~DING this day of April, 2000.
SECOND, FZNAL READING AND PASSAGE this day of Aprit, 2000.
cTrY OF BOYNTON BEACH, FLOR[DA
Mayor
Vice Mayor
Mayor Pro Tern
Commissioner
Commissioner
City Clerk
S:ca\ord\LDR Amend Billboards 032900
XI-LEGAL
FIPST READIN(
ITEM B.2
ORDINANCE NO. O-
AN ORDINANCE OF THE CITY OF BOYNTON BEACH
AMENDING CHAFTER 18, ARTICLEIII, PENSIONS
FOR POLICE OFFICERS; CREATING A NEW SECT[ON
18-176 - DEFERRED RETIREMENT OPTION PLAN;
PROVIDING FOR CONFI_[CTS, SEVERABILt-~,
CODIFICAT[ON AND AN EFFE~ DATE.
WHEREAS, the City Commission of the City- of Boynton Beach desires to
amend Chapter 18-of the Code of Ordinances of the City to provide for a
Deferred Retirement OptiOn Plan for: Police Officers;
-NOW THEREFORE~ BE, 1T ORDAINED BYTHE CITY COMMZSSZOI~
OF THE C1TY OF BOYNTON BERCH, FLORIDA:
Section 1: Section 18~169 of Chapter t8, Article III of the Code of
Ordinances of theCity is hereby amendedb¥ cre~ting a new Section 18-176, as
folloWs:
Sec. 18-176-;
(I)' A deferred'reUrement oofionolan ("DROP'x) is hereby created.
62) Elioibilitv to oarudD~ite )n theDROP is bS]_~_ u~on elioibilib/for normal
aoDIvina tO t~he Board, of Trusr~a_~ Onr a form provided for that
Ouroose;
(3) Part[dDation ir[ the DROP must be exercised within the first twenty
Exce~ for the ~_~tensiOn:o~ barticioaUon~;at inception as Provided for
.in
of particioation in the DROP shall not exceed five (53 vears.
example:
For
shall
irrevocable and shall be made prior to the first deposit in the DROP
account. The options are:
(1~ Gains or losses:at the same interest rate eemed by the Pension
Plan; or
(2~. Aauaranteed rate of 7%:
Employee,s DROP accounts.will be a$~ssed an administrative fee that
is based, uPOn the ratio that the EmDIO,zee's DROP account bears tn
the_, Fund as a whole.
(10~ An emoloYeers, pa~¢ip~o, inthe DROP shall terminate at the end Of
five veers or 25: years of service, whichever comes first. Failore tn
end DROP 9artidpation may result in penalties at the discretion of the
Trustees. upto and indudinq forfeiture of the DROP account.
(ll~ AIl i,nterest shall be credited to the employee's DROP account on a
ouartedv basiswith (~ua~terl¥ statements provided. In the event that
a men, be, dies while in theDROP, interest shall be pro-rated to the
last ~usiness;dav of the month precedino the death of the member.
(123 Upon termination~ of. employment. ,pafUciDants in the DROPwiI[ receive
the balance of the DROP account ,in accordance with the: following
rules:
(1~, Members may elect to beqir~ to receive payment; upon
termination of employment or defer ~avmentof DROP uRtil th¢
lates~ day as provided under sub-subparagraph r.
Payments shall be made in either:
1. Lump sum - the entire account balance will be paid tn
the retirant u~on a~oroval of the Board of Trustees.
ii Installments~- the account balancewill be paid out tn
the retirant in five (53 eeual annual payments paid over
.- five (5~ years, the first oayment to be made uoon
approval of the Board of Trustees.
An~ form of,~avment-se e~¢d, by a poll,ce officer must com~lv
w th the minimum dist!'ibut!on reouirements of the IRC
this
no
and the same are hereby,,':~,~l~:~i "i
in conflict herewith be
jurisdiction to be r~v~l ~e~!~on ~ ngt affect the remainder of this
ordinance~
I to codi~ this ordinance.
~ece~ effective immediately upon passage.
FIRST READING this day of June, 2000.
SECOND, FINAL READING AND PASSAGE this
A~E~:
City Clerk
day of]uly, 2000.
CiTY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Mayor Pro Tem
Commissioner
Commissioner
D.R.O.P;
DEFERRED RETIREMENT OPTION PLAN
for
BOYNTON BEACH POLICE OFFICERS PENSION FUND
I HAVE RECEIVED A COPY OF THE PROVISIONS FOR THE DROP CONTAINED IN
THE SPECIAL ACT. :NFULL AGREE-
MENT WITH THE TEPJviS SEF FORTH. 1T IS MY UNDERSTANDtNGTHAT I WILL NO
LONGER HAVETO CONTRI~SEVEN PERCENT(7.00% ) PAYROLL DEDUCTIONS
FOR PENSION. I HAVE ALSO BEEN ADVISED TO SEEK THE COUNSEL OF A
QUALIFIED TAX ADVISOR REGARDING THE TAX CONSEQUENCE TO tflE~F
ENTERING THE DROP. FAILURE TO RETIRE AT THE END OF THE PARTICIPATION
PERIOD COULD RESULT IN FINANCIAL PENALTIES BEING ASSESSED UP TO AND
INCLUDING THE LOSS OF THE DROP ACCOUNT BALANCES.
I, , RESPECTFULLY SUBM1T
TO ENTER INTO THE DROP EFFECTIVE (DATE).
SIGNATURE
(MAXIMUM DROP
PARTICIPATION)
PENSION ADMINISTRATOR
Reaue$~ed City Commission
Meeting Dates
[] March 21, 2000
[] April 4, 2000
[] ^p~l t8,200o
[] May 2,
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned
in to City Clerk's Office
March 8, 2000 (5:00 p.I51.1
March 22. 2000 5:00 p.rm)
April 5, 2000 (5:00p.m.)
April 19, 2000 (5:00 o.m.)
Requested City Con,mission
Meefin~ Dates
[] May 16, 2000
[] June 6, 2000
[] June20. 2000
[] July 5, 2000
XI-LEGAL
ITEM C.1
Date Final Form Must be Turned
in to City Clerk's Office
May 3, 2000 (5:00 p.m.)
May 17,2000 5:00p.m.)
June 7, 2000 ~5:00 p.m.)
June 21,2000 (5:00 p.m.)
NATURE OY
AGENDAITE~
[] Administrative
[] Consent Agenda
[] Public Hearing
Bids
[] Announcement
[] Development Plans
[] New Business
[] Legal
[] Unfinished Bus/ness
[] Presentation
RECOS~MENDATION:
Designate a vodng delegate to the Florida League of Cities 74~ Annual Conference.
EXPLANATION:
The Florida League of Cities Annual Conference will provide valuable educational opportunities to help Florida's city
officials serve trek citizenry more effectively. It is important that each city designate one person to be the voting delegate.
Policy :development. election of League leaderskip and adoption of resolutions are undertaken during the business meeting~
One offi6iat from each city will make decisions that determine the direction of the League.
PROG~RAM IMI~ACT:
N/A
FISCAL IMPACT:
N/A
ALTERNATIVES:
N/A~i
'~' '-'DeparUnent Head's Sigrmture
"~ty Manager's Signature
Department Name
City Attorney / Finance / Human Resources
S:\BULEETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC
P, ESOLUTION NO. R009-
A RESOLUTION OF THE CiTY COMMISSION OF
OF
OF
BE ~
WHEREAS, the Florida League o~ CitiesAnnuat Conference wilt be held
on August 10 ~ 12, 2000, with the theme being "Florida's Cities evolve-emerge-
imagine"; and~
WHEREAS, the City of Boynton Beach is entitled and urged to appoint
one 'voting delegate to said Conference and wishes to bestow upon the following
named individual such right and honor of service.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The '~/VHEREAS" clauses above are hereby ratified and
confirmed as being true and correct and incorporated herein by reference.
Section 2. The City Commission of the City of Boynton Beach, Florida
hereby appoints as a voting delegate to the 74th
Annual Florida League of Cities Annual Conference.
Section 3. That-this Resolution shall become effective immediately
upon passage.'
F~ASSED AND ADOPTED this
A'I-FEST:
City Clerk
(Corporate Seat)
S:ca\Resolappts~LC - 74= Annual C~nf.
__ day of July, 2000.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Mayor Pro Tem
Commissioner
Commissioner
Memorandum
TO:
FROM:
City Managers/City Clerks
Michael Sittig, Executive Director~W-
DATE:
june 1, 2000
SUBJECT: 74Lb Annual Conference - Florida's Cities evolve-emerge-imagine
VOTING D]~LEGATE AND RESOLUTION INFORMATION
August 10-t2, 2000- Broward County Convention Center
As you know, the'Florida League of Cities' Annual Conference will be held at the Bro~vard
County Convention Center in Fort Lauderdale on August 10-12. This year's theme, Florida
Cities e~olve-ernerge-ima~ne~ will provide valuable educational opporamifies to help
Florida's city officials serve their citizeru~ more effectively.
It is important that each city designate one person to be the voting delegate. Policy
development, election of Leagne leadership and adoption ofresoluti6us are Undertaken during
the business meeting. One official from each city will make decisions that determine the
direction of the League.
Registrationmatefials have already been sent to each city. Call us if you need more. We
have attached the procedures your city should follow for presenting resdlutions to the League
membership. Resolutions must be received by the League no later than July 10, 2000.
Should you have any questions or need additional information, please feel free to call Allison
Payne or Kelvin Robinson at Suncom 278-5331 or 1-800-342-8112.
MS:bcs
Attachments:
Form Designating Voting Delegate
Procedures for Submitting Conference Resolutions
301 South Bronougn Street · Post Office Box 1757, Tallahassee. FL 32302-1757
Telephone (850) 222-9684 · Suncorn 278-5331 · Fax (850) 222-3806 · Internet: http:/Ifcn.state.fl.us/flc/
74th Annual Conference
Florida League of Cities, Inc.
August 10-12. 2000
Fort Lauderdale, Florida
It is important that each member city send/ng delegates to the Annual Conference of the
Florida League of Cities, designate one Of their officials to cast their votes at the Annual
Business Session. League By-Laws requires that each'city select one person ro serve as the
city's voting delegme. ~
Please, fill om:this form and remm it-tO the League office so that your voting delegate may be
properly idenfifie&
Designafibn of ~oting Delegate
Name of Voting Delegaxe:
Title:
City of:
AUTHORIZED BY:
Nanle
Title
Return this form m:
Gall Dennard
Florida League of Cities, Inc.
Post Office Box 1757
Tallahassee. FL 32302-1757
Or Fax to Gall Dennard at (850) 222-3806
Procedures for Submitting Resolutions
Inc.
da
In order to fairly systematize the mg~g(~ forp~e~sentirig re~Oiutions to the Lea e
membership, the following procedu,~s~,have,h~en:mst~tuted: ~ :, :
(1)
(2)
office
prior to the
(3)
(4)
(5)
· ~ members
present will
the appropriate
~t be considered by the Resolution
be bTthe
prior to the membership at
At that time, astate Leg~lative Policy
Cities unableito formally adopt a resolution 30:days prior to the first day. of the conference
may submit a~ }etter to~e League office indicating tl~eir city is considering the adoption of a
resolution, ~e sttbje~t;there0fin' ag n~h d~taii ~ POssible, mid ~his lette~ will be
forwarded tO the R&q0~uti0ns Committee for,c0nsiderati0n in anticipation of receipt o f the
formal ~solutiom
IMPORTANT DATES
May 26
Notice to Local League Presidems and Municipal
Associations Requesting Nominees to the
Resolutions Committee
July 24
Resolutions Mailed to
Resolutions Committee
July S
Appointment of Resolutions Committee Members
July 10
Deadline for Submitting Resolutions to the
League Office
August 10
League Standing Committee
Meetings
Resolutions Committee Meeting
Voting Delegates Reg~s~ation
August 12
Immediately Following Luncheon
- Pick Up
Voting Delegate Credentials
Followed by
Annual Business Session
VotingDelegate.doc
Requested City Comm/ssion
~J March 21, 2000
[] April 4, 2000
[] April 18,2000
[] May 2, 2~00
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
March 22, 20~0 (5:00 p.m.)
April, 5, 2000 (5:00,p.m)
Apr/l 19, 2000 (5:0~p.m.)
Requested City Conmussiou
[] May 16, 2000
] Yune6, 2000
[]../mae 20, 2000
[] ./uly 5, 20O0
XZ-LEGAL '
ITEM D. 1.;
Dat~ Final Form Must be Turned
m to Ci~, Clerk's Office
May 3, 2000 (5:00 p.m.)
May 17, 2000/5:00
June 7, 2000 ($:00 p.ra.)
· tune 21, 2000 (5:00 p.m_)
NA~ oF
AGENDA II'EM
[] Administrative
[] Consent Agenda [] Development Plans
[] Pub//c Hearing [] New Business
[] ~ids [] ~egal
[] Announcement [] Unfmished Bus/uess
[] Presentation
REcO -.~NDATiON:MM~ The Code Compliauee~Board reco
2481 to the adm/n/strative Costs of$63~ .'o .~. mmends reducing t e fine '
adnumstrative costs. The re ....... ln~.t0tal fine before red,,o~ .... Jn Code Compl/ance Case ~oo
~m~enuation wa~ UUan~ .... , ~uo, was ~,z,950.00 nln~ +~.~ _~ - -~'
--..,.uSry approved. ( '..+ ..... Y. ~== a~orementioned
EXPLANATION: The applicant iu this case is Chase Mauhastau Mortgage Corporation, represented by Ms. Annie
Crosby. Chase took OVer the property iu the fall of 1999 and did not get the ~enan~s of the property evicted until April
25, 2000. A closing is scheduled on th/s property once the lien is removed from the propers.
PROGRAM IMPACT: Property is in COmpfiance.
FISCAL IMPACT: City's administrative costs are recovered.
ALTERNATIVEs: Modify the Board's recommendation
costs.
Jguature --
Department Name
not to exceed $2,950.00, plus the applicable administrative
S:~B ULLET1NheORMSL~GENDA ITEM REQUEST FORM. DOC
MEETING MINUTES
DeLiso noted that the respondent has fuity cooperated with this Board and has
appeared at all the meetings.
Motion:.
Based on the testimony
moved:that this
~to
~n
Chair Hammer, Messrs.
MOtiOn
Based
Neeck
104
99-717, Vice Chair
that the Respondents,
Section SBC '94 ED
this Board's Order of
: the
tthiS Board impose
Case No. 99.2481
';'.Uanhattan'-Mtg_' Corp. 115 NW 3~d Ave.
Chase
odilts & ~wia~ski.
Cio C '- '~-*'~'~:';;~ -~ite 450
40t0 Boy ~couz my,.,., .---
Tampa, L $3607
sie stated the property was odgina ly cited on September~ ed at the Code30' 1999
ctor Bla - ' '--~e code· NO one app_ar ,.
I.nsp.e . __ _,, ,,*"~',~ Cc~mmunity. Appearan~ ~ _ ;,.~ t 9-9.q§9. A compt~aqce date, o~f
tot viola[ion u . - . Novemoer-'~
~-~..,,,~i~n~-.a Board Heanng Date. on~ -~ ~,~ ~n ,,er (~ay Th~ property co_ P.
- ~'~'"~' ..... ~"~.- -;,;,n -,o~ eat or be nne~ ~,~'~" ~ ' ...~-~,-h is $2,950 plUS
December ~, ~ ?~";'~;; ~,,,~ of non-COmpliance, w,,,.,, ,_.~ ~n 2000 tot
After showing photographs to the applicant, Mr. Blasie presented them to the
Board to view.
10
MEE'~ING MINUTES'
CODE COMPLIANCE BOARD
FLORIDA
BOYNTON__~BEACH, MAy 1 ?, 2000
Ms'. Angle Crosby, 901 N. Congress Avenue, Boynton
the podium and stated she was representing Chase Manhatt
Crosby fe/t that the Bank had · Beach, F/orida took
?rough the foreclo ,,,.:;._~ _ complied m Feb =,,. ~... an Bank· Ms
the pmne~-h~ ;~ =- _~'-~..~,uceoures and the I~=,- .~:.~ru.~?, uu[ somethino .~lin,~,,~
,- '-, ,o ,. u~mpilance. ,~,, u,u not get taken care o~'a~'~
Ms. Crosby Poirffed out that they had to go through eviction ProCeedings and
were unable to' get possess/on of the property until the eviction took Place on
April'25th . -
· Chairman DeL/so asked Mr. Blas/e if he had the certified
an,cl. _Mr. B/as/e stated' that Pame~a ' return
~°b.'ce was sent out o, r~h=,^_ Rlchterhad si ned .... receipt
ma~ a clos/n,~ ~,-.~ ,-~" '"-:'"~'" zz, 1999 to Ch~o?~n:---~th.e. recc,pt ancl that the
- ,,,= ~n~ Orthis month k,., _ ' -.,,,.,ouy salo
, ,~u~ ~re now Unable
Property, but did not netify the Co e
was a poss/bili. _ Compliance Offi __ wn on the
· ty that the roe ' ce. Mr. Foot a ·
specilfed date and Mr. ~L-'p- P: ~- might have been ~,, ...... SKed if there
compliance so,~,,,~--,- ._;~,-,X.=~e. sm~eQ there was n t -, u~..m.P,ance on the
· "~-,-~=ar[ert~ar, andth ~,~.~- ~ .... ~o, but that ~ did corn ·
a. ~=~ ~ urIKnown, e/tiro
Based on the testimony and evidence Presented in Case No. 99-2481, and
having been advised that the Respondent has complied with ail lien reduction
na,,,,~, wl~. williams moved that thi ~,,...., .__ Y Beach
S ,,,~=~u ~commend to the City
Commission that the f/ne instituted in Case No. 99-2481, by virtue of this Board's
Order of December 13, 1999 be reduced to $634.18. Motion seconded by Mr,
M/dana.
Mr. Foot noted that the Board's Order date was
.~V~?lams~amended her motion to ~' ....... November 17. 1
· ' ' · ,-,,,~na seconded
me amended motion. ,~uvernoer 1~, 1999 and Mr ~--' 999. Ms.
M '
otion carded 7-0.
b~(~re, th.e City Commission. Mr. Bias' .,
C airman DeL/so advised the respondent that she would still have to a
Coh~mlsslon agenda for the third Tues(~y~ndV,~:nede. that the case would be ~PnP~aer
Case No. 99-1219:
Property Address:
Violations:
Helen M. Hagen
3307 Femwood Dr.
Chapter 15, Art/cie IX-15.120
(D) 1, INC.; Define driveway
bo_rde, rs and de-weed; ..m. ainta/n
lawn ~n weed free Condition.
11