Agenda 07-05-05
The City of
nt n Bea h
100 E. Boynton Beach Boulevard. (561) 742-6000
City Commission
AGENDA
JULY 5,2005
Jerry Taylor
Mayor
At Large
Bob Ensler
Commissioner
District I
Mack McCray
Vice Mayor
District II
Mike Ferguson
Commissioner
District I"
Carl McKoy
Commissioner
District IV
DISTRI T I
Kurt Bressner
City Manager
www.boynton-beach.org
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WELCOME
Thank you for attending the City Commission Meeting
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which determines the order of
business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or
item of business, which is not listed upon the official agenda, unless a majority of the Commission has first
consented to the presentation for consideration and action.
GENERAL RULES &. PROCEDURES FOR PUBLIC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
· Consent Agenda Items: These are items which the Commission does not need to discuss individually
and which are voted on as a group.
· Regular Agenda Items: These are items which the Commission will discuss individually in the order
listed on the agenda.
· Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either
a regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAKING AT COMMISSION MEETINGS:
The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public
Audience, and on any regular agenda item.
City Commission meetings are business meetings and, as such, the Commission retains the right to limit
discussion on an issue.
· Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public
Hearings. "
· Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of
the Commission.
· Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after
a motion has been made and properly seconded.
.
ADDRESSING THE COMMISSION:
When addressing the Commission, please step up to either podium and state, for the record, your name and
address.
DECORUM:
Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the
Commission will be barred from further audience before the Commission by the presiding officer, unless
permission to continue or again address the Commission is granted by the majority vote of the Commission
members present.
Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission
Meeting is in session.
City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach
Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every
month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to
Holidays/Election Day).
CITY OF BOYNTON BEACH
REGULAR CITY COMMISSION MEETING
AGENDA
July 5, 2005
I. OPENINGS:
6:30 P.M.
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Father Martin Zlatic - St. Joseph's Episcopal Church
C. Pledge of Allegiance to the Flag led by Commissioner Carl McKoy
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
II. OTHER:
A. Informational Items by Members of the City Commission
III. ANNOUNCEMENTS, COMMUNITY &. SPECIAL EVENTS, &. PRESENTATIONS:
A. Announcements:
Art Explosion - July 8th
B. Community and Special Events:
None
C. Presentations:
1. Proclamation:
a. Recreation and Parks Month - July, 2005
2. Presentation by Chief Bingham of Fire Rescue vehicle #837, a 1992
reserve rescue vehicle that has been completely refurbished and
retrofitted to serve as a Fire Scene Investigation unit as well as a
Community Relations Support Vehicle. Total cost was $15,000. Cost of a
new vehicle would be approximately $65,000 - $85,000.
Agenda
Regular City Commission Meeting
Boynton Beach, FL
July 5, 2005
IV. PUBLIC AUDIENCE:
INDMDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS (at
the discretion of the Chair, this 3-minute allowance may need to be adjusted
depending on the level of business coming before the City Commission)
V. ADMINISTRATIVE:
A. Appointments to be made:
Appointment Length of Term
To Be Made Board Exoiration Date
I Ensler Adv. Bd. On Children & Youth Alt 1 yr term to 4/06 (2)
II McCray Adv. Bd. On Children & Youth Alt 1 yr term to 4/06 (2)
I Ensler Cemetery Board Alt 1 yr term to 4/06 (2)
I Ensler Code Compliance Board Alt 1 yr term to 4/06 (2)
III Ferguson Education Advisory Board Alt 1 yr term to 4/06 (2)
Mayor Taylor Education Advisory Board Reg 1 yr term to 4/06 (2)
III Ferguson Education Advisory Board Alt 1 yr term to 4/06 (2)
II Ensler Education Advisory Board Stu 1 yr term to 4/6
I Ensler Library Board Alt 1 yr term to 4/06 (2)
II McCray Library Board Alt 1 yr term to 4/06 (2)
II McCray Senior Advisory Board Alt 1 yr term to 4/07 (2)
Mayor Taylor Employees' Pension Board Reg 3 yr term to 4/08 (2)
VI. CONSENT AGENDA:
Matters in this section of the Agenda are proposed and recommended by the City Manager for
"Consent Agenda" approval of the action indicated in each item, with all of the accompanying
material to become a part of the Public Record and subject to staff comments.
A. Minutes:
1. Agenda Preview Meeting - June 17, 2005
2. Regular City Commission Meeting - June 21, 2005
2
Agenda
Regular City Commission Meeting
Boynton Beach, FL
July 5, 2005
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2004-2005 Adopted Budget.
1. Approve the piggy-back of Palm Beach County Bid #05-064/MP with
Playmaker Services, LLC of Delray Beach, FL to purchase playground
equipment for Meadows Park for $54,295.70 and Boynton Lakes Park for
$25,415.71 for a total of $79,711.41.
2. Approve the purchase from Oilmen's Truck Tanks, Inc. in the amount of
$26,400.00 for a new 1,500-gallon aluminum skid mounted diesel fuel
tank to be used as an alternative fueling source prior/during and after a
hurricane emergency.
3. Award the "ONE YEAR CONTRACT FOR THE UPGRADE AND
MAINTENANCE OF THE NEAX PHONE SYSTEM FOR THE CIlY OF
BOYNTON BEACH" Bid #025-151O-05/JA to Shared Technologies of
Deerfield Beach, FL, in the amount of $167,072 for the first year.
(Proposed Resolution No. R05-112)
4. Approve purchase from MoreDirect for a UPS (uninterruptible power
supply) for the Police Department Computer system in the amount of
$11,130.00.
C. Resolutions:
1. Proposed Resolution No. R05-113 RE: Approving the
Interlocal Agreement for Disaster Debris Management between the Solid
Waste Authority and the City of Boynton Beach.
2. Proposed Resolution No. R05-114 RE: Approving a
Special Warranty Deed conveying title to Wendell Warren for Lot 65,
Block 21, ROLLING GREEN RIDGE FIRST ADDmON, as recorded in Plat
Book 24, Pages 223 through 226 inclusive, of the Public Records of Palm
Beach County, FL. Taxable value added to the City of Boynton Beach is
approximately $143,612.
3. Proposed Resolution No. R05-115 RE: Approving
agreement between City of Boynton Beach and Palm Beach County for
the exchange of updated geographic and land information on an ongoing
basis.
4. Proposed Resolution No. R05-116 RE: Approving and
authorizing the execution of an Agreement for Water Service Outside the
City Limits with Reichard Holdings LLC for the property at 7887 Coral
Street, Lake Worth, FL. (Tropical Terrace LT 181)
3
Agenda
Regular City Commission Meeting
Boynton Beach, FL
July 5, 2005
5. Proposed Resolution No. R05-117 RE: Approving and
authorizing the execution of an Agreement for Water Service Outside the
City Limits with Reichard Holdings LLC for the property at 7895 Coral
Street, Lake Worth, FL. (Tropical Terrace L T 183)
6. Proposed Resolution No. R05-118 RE: Approving the
collective bargaining agreement between the City of Boynton Beach and
the National Conference of Firemen and Oilers, SEIU, AFL-CIO, CLC,
Local 1227, White Collar Bargaining Unit, for the period October 2004
through September 2006.
D. Ratification of Planning & Development Board Action:
None
E. Ratification of CRA Action:
None
F. Return cash bond of $84,370 to D.R. Horton, Inc. for the project known as
Quantum Park Townhomes (Block 10, Lot #'s 1-6).
G. Return cash bond of $22,220.00 to Boynton Boundless LLC for the project known
as Boynton Boundless.
VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS:
A. Approve negotiated settlement from court ordered mediation in the amount of
$38,000 in the case of Estate of Walter Fried & Esther Fried vs. City of Boynton
Beach & Allstate. The initial demand was for $100,000.00.
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
The City Commission will conduct these public hearings in its dual capacity as Local
Planning Agency and City Commission
A.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
415 SE 5th Avenue CABAN 05-002)
Jeanne Heavilin, Salefish Realty, Inc.
James E. Ploen
415 SE 5th Avenue
Request abandonment of a portion of Railroad Avenue,
approximately 30 feet by 77 feet, immediately north of SE
5th Avenue South, west of Lot 11, Block B of Pence
Subdivision and East of the Florida East Coast Railroad
right-of-way. (1st reading of Proposed Ordinance No.
05-030)
4
Agenda
Regular City Commission Meeting
Boynton Beach, FL
July 5, 2005
B.
PROJECT:
AGENT:
LOCATION:
DESCRIPTION:
c.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
PROPOSED USE:
Commercial Uses in PUD Planned Unit Development
District (CDRV 05-011)
Staff-initiated
PUD Planned Unit Development District
Request to amend the Land Development Regulations,
Chapter 2.5 Planned Unit Development, Section 9.D
Commercial Standards, to allow commercial uses to front
on exterior or perimeter streets, when such locations are
consistent with adopted redevelopment plans. (1st
reading of Proposed Ordinance No. 05-031)
Peninsula at Boynton Beach (LUAR 05-004)
Kim Glas-Castro, Connie Miskel, Ruden McClosky
Jennie Smith
East side of US 1, approximately 1,600 feet north of
Gateway Boulevard (2649 North Federal Highway)
Request to amend the Comprehensive Plan Future Land
Use Map from Local Retail Commercial and High Density
Residential to Special High Density Residential. (1st
reading Proposed Ordinance No. 05-032)
Request to rezone from C-3 Community Commercial
District and R-3 Multiple family Dwelling District to IPUD
Infill Planned Unit Development. (1st reading Proposed
Ordinance No. 05-033)
30 townhomes and 40 condominium units.
1. Peninsula at Boynton Beach (NWSP 05-013) Request for New Site
Plan approval to construct 30 townhomes and 40 condominium units on a
3.51-acre parcel.
D.
PROJECT:
AGENT:
LOCATION:
DESCRIPTION:
LDR Revisions (CDRV 05-007)
City initiated
NjA
Consider proposed modifications to Land Development
Regulations (LDR) relative to residential district building
setbacks, and regulations for fences, walls, and sheds.
(1st reading of Proposed Ordinance No. 05-034)
E. Notice of Intent (Resolution No. R05-107) "Notice of Intent" for
conducting a planning study and possible changes to zoning and development
regulations applicable to those properties located along the west side of N.
Sea crest Blvd; between NW 3rd Avenue, and NW 8th Avenue and currently zoned
C-2, Neighborhood Commercial.
5
Agenda
Regular City Commission Meeting
Boynton Beach, FL
July 5, 2005
F. Community Development Block Grant Review Committee funding activities in the
amount of $602,322 for funding activities in preparation of the City's One Year
Action Plan for FY 2005-2006.
IX. CITY MANAGER'S REPORT:
A. Status report on Human Resources Director position.
B. Comments from Police Chief and City Manager on Sun-Sentinel article.
C. Report on January, 2003 theft of a trailer mounted generator.
X. FUTURE AGENDA ITEMS:
A. Resolution of Need for Heart of Boynton Projects (7/19/05)
B. Workshop regarding City Hall/Public Safety Space Needs Report (8/2/05)
C. City Manager's Evaluation (October 2005)
D. Notification to residential areas of ordinance changes.
E. lntralocal Agreement Between the City and CRA -- Boynton Beach Promenade
Extension. (Proposed Resolution No. R05-091)(Tabled 5/17/05)
(7/19/05)
F. Refinancing of 1996 Utility Revenue Bond. (7/19/05)
G. Review allowing a limited number of business owners, who are non residents, as
members of the advisory boards.
H. Addition of a Veterans' Advisory Board for the City of Boynton Beach (7/19/05)
XI. NEW BUSINESS:
A. Designate a voting delegate for the 79th Annual Florida League of Cities
Conference - August 18 - 20, 2005 in Orlando, FL. Vice Mayor McCray and
Commissioner Carl McKoy are attending the conference.
B. Preliminary discussion of City Pension systems - Early Discussion of Defined
Benefit vs. Defined Contribution Plans. Note: The staff will be presenting a
recommendation to the City Commission on July 19th for selection of Pension
Consultant.
6
Agenda
Regular City Commission Meeting
Boynton Beach, FL
July 5, 2005
XII. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
1. Proposed Ordinance No. 05-023 RE: Allowing a
maximum building height exceeding forty-five feet in height but not
exceeding seventy-five feet in height in a PID Mixed Use POD, providing
application for building with a height exceeding forty-five feet to be
processed as a conditional use. (Quantum Park MU Height)
2. Proposed Ordinance No. 05-026 RE: Request to abandon a
portion of an unimproved 30-foot wide road. (Florida Public Utilities)
3. Proposed Ordinance No. 05-027 RE: Requesting a new
thirty (30) year electric franchise agreement with Florida Power & Light
Company (FPL) providing for the payment of fees to the City of Boynton
Beach for the nonexclusive right and privilege of supplying electricity and
other services within the City, free of competition from the City of
Boynton Beach, pursuant to certain terms and conditions.
4. Proposed Ordinance No. 05-028 RE: Proposal to amend
the Land Development Regulations, Chapter 2, Zoning, Section 6.H.3 and
Chapter 10 (Telecommunication Towers and Antennas) to allow cell
towers within the Suburban Mixed-Use zoning district as stealth facilities,
integrated into the architecture of a Mixed-Use project. (Stealth Towers in
SMU)
B. Ordinances -- 1st Reading
1. Proposed Ordinance No 05-029 RE: Requesting to amend
the Land Development Regulations (LDR) Chapter 2, Zoning, Section 6
and Section 8.5, to create an overlay district to reduce the front, side
interior, and side corner yard building setbacks for parcels currently
zoned Office and Professional District (C-1), Neighborhood Commercial
District (C-2), Community Commercial District (C-3), and General
Commercial District (C-4) located within targeted areas of the CRA.
(Urban Commercial Districts (CDRV 05-004))
2. Proposed Ordinance No. 05-35 RE: Amending Chapter
15, Entitled, "Offenses Miscellaneous," of the City of Boynton Beach Code
of Ordinances, to create Article X, entitled "Sex Offender Residency
Prohibition"; prohibiting Sexual Offenders and Sexual Predators convicted
of Crimes under certain Florida Statutes from living within a specified
distance within the City of Boynton Beach.
7
Agenda
Regular City Commission Meeting
Boynton Beach, FL
July 5, 2005
3. Proposed Ordinance No. 05-36 RE: Amending
Chapter 2. Administration, adding a New Article XIII "CIVIL
EMERGENCIES-EMPLOYEE COMPENSATION"; providing for Compensation
to City Employees during periods of Civil Emergency.
C. Resolutions:
1. Proposed Resolution No. R05-119 RE: Authorizing
the Intralocal agreement between the City and CRA for land acquisition in
the Heart of Boynton Beach.
D. Other:
None
XIII. UNFINISHED BUSINESS:
A. Building Colors along Major Roadways (CDRV 05-009) Proposal to
amend the Land Development Regulations, Chapters, 4 and 9 to limit building
colors, and require the review/approval for changes to building colors for
buildings located along Boynton Beach Boulevard, Federal Highway, and
Congress Avenue.
B. Review of off duty police detail fees as previously approved by City Commission
on May 3rd, 2005.
XIV. ADJOURNMENT:
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEETING, HE/SHE WIll NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
(F.s. 286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXIUARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABIUTY AN
EQUAL OPPORlUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PlEASE
CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE
CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
FINAL AGENDA 7/1/20054:27 PM
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8
III.-ANNOUNCEMENTS &. PRESENTATIONS
Item e.l
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
0 April 5,2005
0 April 19, 2005
0 May 3, 2005
0 May 17,2005
March 14,2005 (Noon.)
o June 7, 2005
o June 21, 2005
o July 5,2005
o July 19,2005
May 16,2005 (Noon)
April 4, 2005 (Noon)
June 6, 2005 (Noon)
April 18, 2005 (Noon)
June 20, 2005 (Noon)
May 2, 2005 (Noon)
July 5, 2005 (Noon)
NATURE OF
AGENDA ITEM
o Administrative
o Consent Agenda
o Public Hearing
o Bids
o Announcement
o City Manager's Report
o Development Plans
o New Business
o Legal
o Unfmished Business
o Presentation
RECOMMENDATION: Motion to approve the proclamation designating July as Recreation & Parks
Month.
EXPLANATION: National Recreation & Parks Month is scheduled for July. The summer season is a time
to enjoy many ofthe great activities being organized by the Recreation & Parks Department. On behalf
of the State of Florida, Governor Bush also signed a similar proclamation. By making this proclamation
in Boynton Beach, all citizens will be encouraged to celebrate by participating in their choice of fun
activities and enjoy the benefits derived from quality public recreation.
PROGRAM IMPACT: The proclamation will help promote Parks and Recreation in our community.
FISCAL IMPACT: N/A
ALTERNATIVES: N/ A
{~
~~
City Manager's Sign'ature
Recreation & Parks
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIMFORMS\AGENDA ITEM REQUEST FORM.DOC
It is July - the kickoff of the summer season. It is also a time to enjoy the out-of-doors, spend time with family and
friends, and just kick back and relax. That is why the National Recreation and Park Association, Florida Governor Jeb Bush,
and the Florida Recreation and Park Association have designated July as Recreation and Parks Month.
WHEREAS, parks and recreation systems are dedicated to enhancing the quality of life for millions of residents in
communities around the world through recreation programming, leisure activities and conservation efforts, and
WHEREAS, parks and recreation activities and leisure experiences provide opportunities for young people to live,
grow and develop into contributing members of society, and
WHEREAS, parks and recreation activities generate opportunities for people to come together and experience a
sense of community, and
WHEREAS, parks and recreation activities pay dividends to communities by attracting business and jobs and
increasing housing values, and
WHEREAS, we recognize the vital contributions of employees and volunteers in parks and recreation facilities, and
WHEREAS, these dedicated supporters keep parks clean and safe for visitors, organize youth activities, provide
education programming on health, nutrition, first aid and gardening, advocate for more open space and better trails, fundraise
for local improvements, and ensure that parks and recreation facilities are safe and accessible places for all citizens to enjoy,
and
WHEREAS, July 2005 has been designated as Recreation and Parks Month by the National Recreation and Park
Association and the Florida Recreation and Park Association.
NOW, THEREFORE, I, Jerry Taylor, Mayor of the City of Boynton Beach, Florida, proclaim July as
"Recreation and Parks Month"
and call upon park and recreation supporters to join us in recognizing the importance of our nation's and community's parks
and recreation facilities and to learn more about how to support the places that bring our City a higher quality of life, safer
places to play and healthy alternatives through recreation programming for everyone.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Boynton Beach, Florida, to
be affixed this 5th day of July 2005.
Jerry Taylor, Mayor
CITY OF BOYNTON BEACH
ATTEST:
City Clerk
(Corporate Seal)
S:\CC\WP\CCAGENDA\Proclamations\year 2005\Recreation-Parks Month - Proclamation 2005.doc
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III.-ANNOUNCEMENTS a. PRESENTATIONS
Item C.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
0 April 5,2005
0 April 19, 2005
0 May 3, 2005
0 May 17, 2005
March 14,2005 (Noon.)
o June 7, 2005
o June 21, 2005
IZI July 5, 2005
o July 19,2005
May 16,2005 (Noon)
April 4,2005 (Noon)
June 6, 2005 (Noon)
April 18,2005 (Noon)
June 20, 2005 (Noon)
~-=>-)
NATURE OF
AGENDA ITEM
o
o
o
o
o
o
Administrative
Consent Agenda
Public Hearing
Bids
Announcement
City Manager's Report
o
o
o
o
IZI
~
~
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-~
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"
, ,
~..~ efJ.
,":0
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May 2,2005 (Noon)
July 5, 2005 (Noon)
,:::.1
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Development Plans
New Business
-1
Legal
Unfinished Business
Presentation
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RECOMMENDATION: Presentation of Fire Rescue vehicle #837, a 1992 reserve rescue vehicle that has been
completed refurbished and retrofitted to serve as a Fire Scene Investigation unit as well as a Community Relations
Support Vehicle.
EXPLANATION: This unit was refurbished in house by Lt. Ray Altman, students at South Technical Center and
members of the Fire and Life Safety Division over the past several months.
PROGRAM IMPACT: The Fire Rescue Department had considered budgeting for a new vehicle to deal with fire
investigations and to assist with community fire and life safety programs. This vehicle meets our needs and the budget
request is no longer necessary. This is an important addition to the Fire Rescue Department fleet.
FISCAL IMPACT: The cost of a new vehicle to accomplish the above-mentioned tasks range from $65,000 - $85,000.
This reserve rescue vehicle that was no longer able of serving in this capacity was retrofitted at a total cost of
approximately $15,000.00.
ALTERNATIVES: Either continue "business as usual", or purchase a ne or different vehicle to meet our objectives.
/1/0?
City Manager's Signature
p...eC-l'?cscut:
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
V. ADMINISTRATIVE
ITEM A.
APPLICANTS ELIGIBLE FOR APPOINTMENT 07/05/05
LAST FIRST 1 st CHOICE 2nd CHOICE 3rd CHOICE APPLICATION
NAME NAME SUBMI1TED
Broenig Gerald Planning & Community 4/11/05
Development Board Development
Agency
Fitzpatrick Michael Planning & 2/25/05
DeveloDment Board
Grcevic Sharon Planning and 12/20/04
Development Board
Lender Wayne Community 1/28/05
Redevelopment
Aqency
McMahon James Recreations & Parks Planning & 1/8/05
Board Development
Board
J
JAP
6/28/20052:05 PM
S:\CC\WP\BOARDS\APPMENTS\Board Year 2005\APPLlCANTS ELIGIBLE FOR APPT 07 05.doc
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVl
VI.-CONSENT AGENDA
ITEM B.l
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 5, 2005 March 14,2005 (Noon.) ;:J June 7, 2005 May 16,2005 (Noon)
0 April 19, 2005 April 4, 2005 (Noon) 0 June 21, 2005 June 6, 2005 (Noon)
0 May 3, 2005 April 18, 2005 (Noon) [gJ July 5, 2005 June 20, 2005 (Noon)
0 May 17,2005 May 2,2005 (Noon) 0 July 19, 2005 July 5, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF [gJ Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
D Bids 0 Urrfmished Business
D Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: A motion to approve the piggy-back of Palm Beach County Bid #05-064/MP with Playmaker
Services, LLC of Delray Beach, Florida to purchase playground equipment for Meadows Park for $54,295.70 and ~~~ton
Lakes Park for $ 25,415.71 for a total of: $79,711.41. :~,_(
<.0
~ .....
EXPLANA TION: The playground structures at Boynton Lakes and Meadows Parks have deteriorated and p~nt a:s~ty
hazard. Sections of the structures have been boarded off because replacement parts are no longer manufactured. ';:Blaym,~s
equipment has been chosen because their playground equipment is installed at Oceanfront Park, where it has beeftl relat~
maintenance free, and has provided a variety of positive play experiences for children. -0 -; 0
~ .~~:~
PROGRAM IMPACT: Portions of the playground equipment at Meadows Park and Boynton Lakes Park have deteabrate]':~
the point where they are no longer safe and have been boarded from use, which decreases the positive play experience~
park users and creates a safety issue. - ::r.
FISCAL IMPACT: Cost of the playground structure at Boynton Lakes Park will be $25,415.71. Cost of the playground
structure at Meadows Park will be $54,295.70. Funding is available in the CIP Account # 302-4299-580-63-05.
AL TERNA TIVES: Remove existing equipment and do not replace.
~
Department Head's Signature
Leisure Services
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
1855 Unit 2 Dr. Andre's Way
Delray Beach, FL 33445
PH: 8001746-3903
rt Fax:8881780-6876
rVICeS, IIc. sales@playmakerservices.com
Commercial Playground, Site Furnishings, & Sports Equipment
Quote
Date
06/13/05
WCPQ1307 I
Quote #
Ship To: Boynton Lakes Park
Sold To: Boynton Beach, City of Recreation
Barbara Meacham
100 E. Boynton Beach Boulevard
P.O, Box 310
Boynton Beach, FL 33425-0310
United States
Phone: 561-742-6227
Fax: 561-742-6233
Phone:
Fax:
TERMS OF SALE: We submit this quotation as our offer to sell equipment to the buyer
quoted to above. This is not an acknowledgment and no goods will be produced until all
requirements are met as stated herein to the satisfaction of the seller. To accept this
proposal, please sign, date and return with any other materials required. Once signed and
accepted by Seller, any changes must be submitted in writing and approved by Seller. No
goods may be returned without prior written consent of the seller.
I Part No
PM-63
PM-121
PM-17-01
90015502
90015220
90015208
90000404
FABRIC
06/14/05
Terms
Ship Vial
Sales Rep P.O. Number
Brill Maxwell
I
I Qty I Description
1 Playmart York Mega Play Structure
18.0% Includes Installation
SubTotal
1 8' Group See Saw
18.0% Includes Installation
SubTotal
46 276 Feet RSP Borders (72" Long)
18.0% Includes Installation
SubTotal
2 Bay Arch Swing Frame 8'
18.0% Includes Installation
SubTotal
1 Half Bucket Seats-Blue (Set of 2)
18.0% Incluqes Installation
SubTotal
Belt Seats-Blue (Set of 2)
18.0% Includes Installation
SubTotal
f-<)
-':'-
10 Swing Mats
18.0% Includes Installation --
SubTotal
Black Filter Fabric
~./
f,.
(' ""t. i! t,t~;{ "'Ie"
D=i=~; ,-;(;~~,,_~~,_ ""t__.lt-~_-~--'._-----
Page
14:49:45
Unit Price .
$10,266.00 v
$1,021.00 ./
$54.00
$2,549.00 v/
$167.00./'
$141.00 ../'
$80.ob ",,/
$1,366.67 ,/,
Ext. Price
$10,266.00
$1,847.88
$12,113.88
$1,021.00
$183.78
$1,204.78..1
$2,484.00
$447.12
$2,931.12..
$2,549.00
$458.82
$3,007.82 ,/
$167.00
$30.06
$197.06/
$141.00
$25.38
$166.38 /
$800.00
$144.00
$944.00 if
$1,366.67
. Part No 1QtY. Description ~ Unit Price I Ext. Price
<'1
18.0% Includes Installation i $246.00
, /
SubTotal $1,612.67 v'
SubTotal $22,177.71
Sales Tax $0.00
*. Shipping $3,238.00
Total $25,415.71
PAYMENT TERMS No retainers and no holdbacks are allowed.
In addition to the price stated herein, Buyer agrees to pay the seller interest on accounts past due at a rate of 1.50% per month or the maximum allowable interest rate applicable by
law, whichever is lower and all collection cost including attorney's fees and other cost involved in the collection of any accounts past due.
SPECIFICATIONS All equipment is per the manufacture's specifications with standard colors. Please note that installation does not include any ground preparation, landscaping,
borders or surface media such as sand, mulch, etc. unless stated. Also, we are not responsible for underground utilities, irrigation lines, etc., unless they have been marked and brougt
to our attention. Playmaker Services, LLC is not responsible for permits or their associated cost unless stated. Playmakers Services, LLC will provide necessary documents for permitin
and will charge to the customer actual cost to obtain permits such as engineering, couriers, permit fees, etc.
SHIPPING INFORMATION Shipping schedule is an estimate only. We will do our best to maintain timely schedules; we are not responsible for any cost or damages resulting
from shipping delays. The Shipping Schedule does not include, nor are we responsible for, time in transit Shipping charges do not include truck unloading.
By signing this proposal, you agree to the above terms and will process accordingly.
Signature
Print Name
Date~~_
06/14/05
14:49:45
Page 2
YORK 2004 MLI.x1s
Play Mart, Inc.@
756 Somerset, KY 42502
(800) 437-5297 Fax: (606) 678-0911
PO Box
Project Name:
Sales Rep:
Contact:
Address:
City:
State:
Zip:
Date:
d/b:
Cell:
Work:
Home:
Fax:
Email:
5/1/04
jj
PLA Y SYSTEM: YORK 2-12 Mega
QTY. COMPONENT DESCRIPTION RETAIL WT
3 ARCH - SAFETY, PLASTIC $216 24
2 DECK -STANDARD, 3'x 4' $566 268
4 BLOCKS - DECK 6" x 6" $208 120
6 HANDLES - HEAVY DUTY COMMERCIAL PLASTIC $127 3
10 POSTS 6" X 6" (ELEMENTARY) $1,876 980
2 POSTS 6" X 6" X 6' - (MEGA FREESTANDING PANELS) $212 118
4 POST CAPS 6" X 6" - (SAFETY CODE) $47 3
1 SLIDE - 90 DEGREE CURVED (36"- 48" Deck Heights) $681 57
1 SLIDE - SIDE BY SIDE (40" - 48") $681 78
1 TUNNEL - MEGA PEEK A BOO 4' $953 168
1 CLIMBER - VERTICAL TREE - PMI $331 85
1 STEPPER - MEGA TRIPLE WI COLOR PANEL SIDES $851 198
2 ROOF - CASA GRANDE $1,531 120
1 RAILS - MEGA 8 PIPE $211 43
1 PANEL - BUBBLE $423 18
1 PANEL - DRIVING, FREE-STANDING: ADA (ADD POSTS SEPARATE) $624 20
1 PANEL - TIC TAC TOE -ADA FREESTANDING $624 197
1 SIGN - SAFETY & AGE APPROPRIATE SIGN WI POST $105 29
43 SUBTOTAL EQUIPMENT $10,266 2529
NO (Yes or Blank) PMIINSTALLATION
SURFACING
SURFACING INSTALLATION
FREIGHT - (SURFACING QUOTE)
FILTER FABRIC
FILTER FABRIC INSTALLATION
BORDERS
BORDER INSTALLATION - ALL TYPES
BORDER FREIGHT
FREIGHT
HANDLING $154
DISCOUNT
GRAND TOTAL $10,420 2528.7
This is a quote estimate only. Final prices will appear on PO.
C:\Documents and Settings\meachamb\Local Settings\Temporary In1emet Rles\OlK 1 F3\YORK 2004 MLLxIs
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1855 Unit 2 Dr. Andre's Way
Delray Beach, FL 33445
PH: 800n46-3903
Fax:8881780-6876
IaJIII.ker
Rrvlces, IIc. sales@playmakerservices.com
Commercial Playground, Site Furnishings, & Sports Equipment
Quote
Date Quote #
05/30/05 WCPQ 1221 R
Sold To: Boynton Beach, City of
Barbara Meacham
100 E. Boynton Beach Blvd.
PO Box 310
Boynton Beach, FI 33425-0310
Ship To: City of Boynton Beach, Public Works
Tom
222 NE 9th Avenue
Boynton Beach, FL 33425-0310
Phone: (561) 742-62278
Fax: (561) 742-6592
Phone: 561-742-6003
Fax:
TERMS OF SALE: We submit this quotation as our offer to sell equipment to the buyer
quoted to above. This is not an acknowledgment and no goods will be produced until all
requirements are met as stated herein to the satisfaction of the seller. To accept this
proposal, please sign, date and return with any other materials required. Once signed and
accepted by Seller, any changes must be submitted in writing and approved by Seller. No
goods may be returned without prior written consent of the seller
Terms Sales Rep P.O. Number Ship Via
30 Days Brill Maxwell
-~
I Part No
I Qty I Description I
This quote is based on the Palm Beach County Park &
Playground Equipment Term Contract. Bid #05-074/MP.
Lot#2 Purchase Delivery & Installation +18%.
PM-57
PlayMart Mega Play System YAKIMA
18.0% Includes Installation
SubTotal
~/~~-
PM-68
PlayMart Mega Play System CASPER
18.0% Includes Installation
SubTotal
~-r
PM-121-01
Group See-saw 8'
18.0% Includes Installation
SubTotal
f?Q.a_J~-~,:t
PM-121-04
Log Roller
18.0% Includes Installation
SubTotal
p~ -r~
1/ (J"~/'
PM-121-06
Tan RSP Balance Beam
18.0% Includes Installation
SubTotal
f?i:-Cl~~~A~T
Unit Price I
Ext. Price
/' ,- !
..'" 'V^,&-~; '.("'.'
.......u I 'l"-
I tc L.dl~ - /
~19,44, 2.Q.Q.. ." ' $,19,442.00
V- p(_~ CfL~
.5 . ~ u. nu./,I....o.$3,499.56
1 I It II $22,941.56
~'"
..r .3 4 ::,.-.. -J
$5,998.00 U-J 'fY-..4 $5,998.00 "
~ A-{4-,q.e.6.r/J1I..-6 $1 079.64./
,(..~ 1/ $7:077.64/
$1,021.00
$1,021.00 ole
$183.78
/
$1,204.78
$781.00
$781.00 ole
$140.58
$921.58'/
$260.00
$260.00 D K
$46.80
$306.80 '
05/31/05
09:40:45
Page 1
k Part No
PM-121-05
PM-120-09
90015502
90015501
90015220
1015208
HOW-ADA
90000404XX 9
FABRIC
PM-17-01
STALL
I Qty I Description
1 Stepping Stools
18.0% Includes Installation
SubTotal
84
1
f?~~
~
1
("
~~J~~YWAA.:::r;
Clown Panel Wall Mint' "Concentration" ~i
18.0% Includes Installation ~/a.. .. ..
SubTotal
f
.
1
P ~/lL~~
t
Unit Price t
$382.00
Ext. Price
$382.00 o(~
$68.76
$450.76 v
2-/~.() 0 J
$2,254.00 0( n~ $2,254.00 (;) Ie
~ A-'1TA.c~~ $405.72'/
\( C- 1/
Playland 2 Bay Arch 5" Swing
18.0% Includes Installation
SubTotal
1
-P~
$2,659.72
$2,549.00
ale.
$2,549.00
$458.82
$3,007.82
Playland 1 Bay Arch 5" Swing
18.0% Includes Installation
2
SubTotal J-
~WY.
Half Bucket Seats BLUE r '4.~ ~~..^...:k:~,.L-~
18.0% Includes Installation ,\J
SubTotal J..-
B."SeatsBLUE r ~ ~)~._
~p2~~ c (,_..~_.~. g{
18.0% Includes Installation . \.;
SubTotal
$1,556.00
f)k:.
$1,556.00
$280.08/'
$1,836.08/
2
2
PQ~{'A~,A.....,Q
.4
$167.00
$334.00 ~
$60.12
$394.12./
Jenn Swing ADA Seats BLUE
18.0% Includes Installation
SubTotal
Swing Mats
18.0% Includes Installation
SubTotal
f~'F~J
$141.00
$282.001:) 1,-
$50.76 ./
$332.76 "
$0.00
$0.00 ok.
$0.00
$0.00
$80.00
$720.00 vie..
$129.60./
$849.60/
Black Filter Fabric JJ ~ $1 50000
~ ~ 'J-L~v. ,.
18.0% Includes Installation ~...A...-:t '(eo:>? LJ...-.v.....pjV... ~
SUbT5.0 Icuf L.u-e.l.L4 (}L,C.:t
1
BLACK - RSP Border - 72" (504 Linear FT.)
18.0% Includes Installation
SubTotal
Installation Is Included In The Equipment Pricing.
~~-
$1,500.00olc
$270.00
$1,770.00./
$54.00
$4,536.00 0 fL.
$816.48/
$5,352.48 /
$0.00
$0.00
05/31/05
Page 2
09:40:45
I Part No
I Qty I Description I
Sailfish logo flags, & age appropriate signs w/safety
rules INCLUDED
PAYMENT TERMS No retainers and no holdbacks are allowed.
Unit Price ~
SubTotal
Sales Tax
Shipping
Total
Ext. Price
$49,105.70
$0.00
$5,190.00
$54,295.70
In addition to the price stated herein, Buyer agrees to pay the seller interest on accounts past due at a rate of 1.50% per month or the maximum allowable interest rate applicable by
law, whichever is lower and all collection cost including attorney's fees and other cost involved in the collection of any accounts past due.
Payment is due 30 days from the invoice date.
SPECIFICATIONS All equipment is per the manufacture's specifications with standard colors. Please note that installation does not include any ground preparation, landscaping,
borders or surface media such as sand, mulch, etc. unless stated. Also, we are not responsible for underground utilities, irrigation lines, etc., unless they have been marked and brought
to our attention. Playmaker Services, LLC is not responsible for permits or their associated cost unless stated. Playmakers Services, LLC will provide necessary documents for permiting
and will charge to the customer actual cost to obtain permits such as engineering, couriers, permit fees, etc.
SHIPPING INFORMATION Shipping SChedule is an estimate only. We will do our best to maintain timely schedules; we are not responsible for any cost or damages resulting
from shipping delays. The Shipping Schedule does not include, nor are we responsible for, time in transit. Shipping charges do not include truck unloading.
By signing this proposal, you agree to the above terms and will process accordingly.
Signature.
Print Name
Date ~~_
05/31/05
Page 3
09:40:45
L 1855 Unit 2 Dr. Andre's Way
Delray Beach, FL 33445
PH: 800/746-3903
VO~1UJUCiJn:i:(y[7 Fax:8881780-6876
... services, lie. sales@playmakerservices.com
~ Commercial Playground, Site Furnishings, & Sports Equipment
Quote
Date
05/30105
Quote #
WCPQ1221 R
Sold To: Boynton Beach, City of
Barbara Meacham
100 E. Boynton Beach Blvd,
PO Box 310
Boynton Beach, FI 33425-0310
Ship To: City of Boynton Beach, Public Works
Tom
222 NE 9th Avenue
Boynton Beach, FL 33425-0310
Phone: (561) 742-62271
Fax: (561) 742-659f
Phone: 561-742-6003
Fax:
TERMS OF SALE: We submit this quotation as our offer to sell equipment to the buyer
quoted to above, This is not an acknowledgment and no goods will be produced until all
requirements are met as stated herein to the satisfaction of the seller. To accept this
proposal, please sign, date and return with any other materials required. Once signed and
accepted by Seller, any changes must be submitted in writing and approved by Seller. No
goods may be returned without prior written consent of the seller.
Terms Sales Rep P.O. Number Ship Via
30 Days Brill Maxwell
I Part No
I Qty I Description I
This quote is based on the Palm Beach County Park &
Playground Equipment Term Contract. Bid #05-074/MP.
Lot#2 Purchase Delivery & Installation +18%.
Unit Price I
Ext. Price
) ,~')
j .' ~
I',
PM-57
PlayMart Mega Play System YAKIMA
18.0% Includes Installation
SubTotal
\ '~f.'~,." "
/j', "
i,." .,
- (
$19.442.QO
-' .- -' ':C.;---~ 'I
$19,442.00
I,'
\1 '( $3,499.56
$22,941.56
f r '\
PM-68
.-,
PlayMart Mega Play System CASPER (_
18.0% Includes Installation
SubTotal
".',1 J. - f
.'
J-_3{;'t -=__ -vi
$5,998.00 11./l'V ,'or
C.-
$5,998.00
$1,079.64
$7,077.64 J
~ ..... "
-,.c.-JC', r
PM-121-01
Group See-saw 8'
18.0% Includes Installation
SubTotal
).
$1,021.00
$1,021.00 ")
$183.78
$1,204.78/
PM-121-04
Log Roller
18.0% Includes Installation
SubTotal
$781.00
$781.00 C .
$140.58
$921.58'/ .
PM-121-06
Tan RSP Balance Beam
18.0% Includes Installation
SubTotal
$260.00
$260.00 (/'
$46.80
$306.80 '
05/31/05
09:40:45
Page 1
I Part No
PM-121-05
a
Unit Price a
$382.00
IOtY ~ Description
1 Stepping Stools
18.0% Includes Installation
SubTotal
/) i f
Ext. Price
$382.00 C'
$68.76
$450.76 ,
,,1 ! I
. $2,254.00 c k
$405.72 '
$2,659.72
PM-120-09
Clown Panel Wall Minf "Concentration"
Yv ,^ " . J
18.0% Includes Installation '
SubTotal
$2,254.00 CJ I:.,
90015502 Play land 2 Bay Arch 5" Swing /' $2,549.00 $2,549.00
18.0% Includes Installation $458.82
SubTotal $3,007.82
90015501 Playland 1 Bay Arch 5" Swing t $1,556.00 $1,556.00
18.0% Includes Installation $280.08 .-
SubTotal $1,836.08,
,.
(.)\1 r~ "
90015220 2 Half Bucket Seats BLUE ij $167.00 $334.00 ~!/
18.0% Includes Installation $60.12
SubTotal $394.12.
'"
C/ -:
90015208 2 Belt Seats BLUE $141.00 $282.00 c
18.0% Includes Installation $50.76
SubTotal $332.76
HOW-ADA 2 Jenn Swing ADA Seats BLUE $0.00 $0.00 '.
18.0% Includes Installation $0.00
SubTotal $0.00
90000404XX 9 Swing Mats ~.., I $80.00 $720.00 ('
,;'\
18.0% Includes Installation $129.60 '
SubTotal $849.60.
FABRIC Black Filter Fabric ^ $1,500.00 $1,500.00
, ~ !
;"
18.0% Includes Installation 'y.', ,l , :.. $270.00
SubTotal, ; $1,770.00.
l{
PM-17-01 84 BLACK - RSP Border - 72" (504 Linear FT.) $54.00 $4,536.00 r
18.0% Includes Installation ~ $816.48
SubTotal $5,352.48
INSTALL Installation Is Included In The Equipment Pricing. $0.00 $0.00
05/31/05
09:40:45
Page 2
I Part No
ratY. Description I
Sailfish logo flags, & age appropriate signs w/safety
rules INCLUDED
PAYMENT TERMS No retainers and no hold backs are allowed.
Unit Price ~
SubTotal
Sales Tax
-Shipping
Total
Ext. Price
$49,105.70
$0.00
0~7
$54,295.70
In addition to the price stated herein, Buyer agrees to pay the seller interest on a=unts past due at a rate of 1.50% per month or the maximum allowable interest rate applicable by
law, whichever is lower and all collection cost including attorney's fees and other cost involved in the collection of any a=unts past due.
Payment is due 30 days from the invoice date.
SPECIFICATIONS All equipment is per the manufacture's specifications with standard colors. Please note that installation does not include any ground preparation, landscaping,
borders or surface media such as sand, mulch, etc. unless stated. Also, we are not responsible for underground utilities, irrigation lines, etc., unless they have been marked and brought
to our attention. Playmaker Services, LLC is not responsible for permits or their associated cost unless stated. Playmakers Services, LLC will provide necessary documents for permiting
and will charge to the customer actual cost to obtain permits such as engineering, couriers, permit fees. etc.
SHIPPING INFORMATION Shipping schedule is an estimate only. We will do our best to maintain timely schedules; we are not responsible for any cost or damages resulting
from shipping delays. The Shipping Schedule does not include, nor are we responsible for, time in transit. Shipping charges do not include truck unloading.
By signing this proposal, you agree to the above terms and will process accordingly.
Signature
Print Name
Date _,-,_
05/31/05
Page 3
09:40:45
MEGA (Plav Marf1
PLAY SYSTEMS SEPTEMBER 2004
~ygro""ds
CA TALOG PRICE LIST
WWW.playm81tcom 800-437-5297 LocaI6IJ6.67~2572 518 S. Main Sl Somerset. KY 42501
CATALOG PLAY SYS11:M "Retail Weight Borders Safety Zone Surfacing Area Milk Jugs Per AccomlllCldms #
PAGE Price (In poundsl (Ft.) (LxW) (Sq. Ft.1 Play Set Children
211 SUNGRAZER $108,867 28117 380' 11t' x IT 8548 Sa. Ft. 118,tlt1 232-280 (5-12 yrsl
21 CASSIOPEIA $31,_ 1173 210" 75' x ,"' 2703 Sa. R. 40,&27 62-7815-12 _I
31 ORION $21,788 7100 168' 51' x 48' 1820 Sa. R. 21.820 ....315-12 _I
32 ANDROMEDA $21,306 4442 168' 58' x 33' 1440 Sa. Ft. 18,'" 42-5315-12 _I
33 PEGASUS $18,400 4803 188' SO' x 45' 1851 Sq.R. 20,173 44-a 15-12 yrsl
34 BOULDER $13.241 14144 251' 78' x D' 45M Sa. R. &2,345 1:11-17015-12_1
. BRIAR JUMPER $72,323 18317 m' 74'x74' 4281 Sa. R. 77,018 1&2-20315-12 _I
311 BUCKINGHAM $51.821 11281 240' It' x .' 3021 Sa. R. 47.310 78-87 15-12_1
40 RALEIGH $44.412 .... 228' 73' x 13' 3417 Sa. R. 41521 81-108 15-12_1
43 KING ARTHUR'S COURT $44,741 13485 188' 5.. x 54' 2427 Sa. Ft. 11,I71 71-8112-12 _I
44 BUNGALOW $34,397 7ZU 188' 114' x 13' 2401 Sa. R. 30.337 81-1315-12 _I
41 COYOTE $32.534 8110 168' 54' x 51' 1883 Sa. R. 17,170 70-8115-12 yrsl
48 TECUMSEH $32,202 8248 182' 6T x 4t' 2401 Sa, R. 34.1142 62-7815-12 yrsl
47 ADIRONDACK $21,220 7168 1.' 61' x 48' 2242 Sa. FL 30,015 65-8515-12 yrsl
48 DORADO $21,211 8118 188' 68'xA' 2316 Sa. R. 34,018 58-7315-12 vnl
48 WATERFORD $24,777 1310 151 44' x 48' 11141 Sa. R. 22,302 42-12 (5-12 yrsl
so ALPINE WOODS $27,882 6211 144' 4Tx3T 1348 Sa. Ft. 26,oaa 44-1115-12_1
11 COVE LAKE $24.834 ..21 1SO' 54' x 38' 1483 Sea. R. 21,_ 50-1315-12 _I
13 CUMBERLAND $23,'17 4886 168' SO' x 41' 1762 Sa. R. 20,141 48-1115-12 yrsl
54 SPOKANE $32,678 4410 1.' 40' x 41' 1286 Sa. R. 18,522 48-80 15-12 yrsl
II HAWAU $11,240 1011 nr 38' x 3T 1111 Sa. R. 21,231 20-2115-12 _I
51 ASPEN $17,878 4121 144' 42' x 45' 1438 Sa. Ft 17,_ 32.40 12.12_1
fiT YAKIMA $18,883 3310 131' 41' x 33" 1230 Sa. R. 14.070 31-4815-12_1
18 BELLEVUE $16,187 4146 174' 62'x.' 1834 Sa. R. 18_ 31-4815-12_1
It PINOCCHIO $18.487 3172 120' 40' x 33' .20 Sa. R. 13,322 34-<t2 12-12 _I
80 BAINBRIDGE $11.... - 1.' 38' x 43" 1230 Sa R. 14,448 30-3112-12 _I
61 MONTANA $11,284 3431 13r 42' x 31' 1168 Sea. R. 14,427 24-30 15-12 yrsl
&2 SOMERSFlELD $11,081 3413 121' 41' x 30' 1022 Sq. R. 14,331 34-4 15-12 yrsl
13 YORK $10,420 2121 10r 33' x 2T 110 Sa. R. 10.822 18-2412-12 yrsl
114 MT. RAINIER $10,152 23. 114' .'x33' 873 Sa. R. 8,811 22-3815-12 yrsl
. MULBERRY CUMBER St,112 2321 80' 21' x 2t' 547 Sa. R. 8,771 24-3015-12 _I
A MOAB $7.... 1138 80' 21' x 2t' 132 Sea. R. 7,720 18-2115-12 _I
87 JORDAN $"'1' 2001 II' 34' x 23" 804 Sq. R. 8,421 18-2415-12 _I
68 CASPER $6,3113 1211 84' 2T x 21' 444Sea.R. 5214 11.1312-1_1
68 LARAMIE $6,43' 1370 84' 2T x 21' 431 Sa. R. 1754 10-1212-1_1
68 KIDS' KABIN $1,630 2201 80' 21' x 24' 131 Sq. Ft. 8,211 10-12 12-1_1
68 RAMADA $2,431 113 NlA NlA NlA 2,323 8-712-1_1
70 ALPINE THUNDER SUDE - $7.811 1757 80' 31' x 21' 1211 Sq. Ft. 7,37' 12-1115-12 yrsl
FREESTANDING
70 STAR CHUTE SLIDE - $7,4H 1482 10r 38' x 23' la Sq. Ft. 6,285 18-20 15-12 yrs)
FREESTANDING
Prices subfed. to c:hange without notice. Prices effec:tiYe September 21, 2004
.. Thte Is an estmete only. n does I'lDt Include Freight, Bordera, Surfacing or InstlIMation. Coat may vary BW)rding 10 regk>ns. Atc:urate pt1c:e quotes with Surtacing, Bordenl., Freight and Installation avaHabfe from a sales
Account Manager upon ""'.-
~.
&-
~-~
~
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, Ploy Marf' SEPTEMBER
MINI PLAY SYSTEMS 2004
Playgro-.nds
CA TAI.OG PRICE I.IST
_.p/aymart.com 800-437-5297 LocaI1llJ6.67&.2572 518 S. M8in Sl Somerset, KY 42501
CATALOG EQUIPMENT .Retall WeIght Borders s.fety Zone Surfllclng Area Milk Jugs Per AccommoclalllS .
PAGE ~ (In pounda) (Ft) (LxW) (Sq.Ft) Play Set Children
73 HYDAA S5C.751 11ncJ 211' 71' x 10' 3311I Sa. Ft. 48 312 111-154 15-12 vrsl
75 LANSING $34.154 1,712 110 66' x .... 2114 Sa. Ft 31928 82-71 15-12 vrs)
n CRAWLER $23 389 4121 150' .... x 43' 1471 Sa. Ft 17.301 31-6215-12 vrs)
71 BLUEGRASS $12,383 2638 120' 31' x 37' 1003 Sa. Ft 10 660 35-41 15-12 vrs)
79 RONALD $11...... U13 132' 45' x 34' 1111 Sa. Ft 11015 51-11 1&-12 vrs)
10 VICTORY MOUNTAIN $17,033 31151 111I' 41' x 52' 1573 Sa. Ft 11 684 31-42 1&-12 vrs)
11 VOYAGER $14,377 2181 101' 33' x 33' m Sa. Ft 12 011 2&-341&-12 vrs)
12 TOM SAWYER $12,707 2578 101' 34' X 30' 711 Sa. Ft 10 821 30-40 1&-12 vrsl
13 EDWARD $11.133 2.343 114' 31' x 32' 110 Sa. Ft 9841 21-38 /&-12 vrs)
84 FRANKFORT JOPlIN $10.112 2011 120' 38' x 32' 181 Sa. Ft 8712 24-32 1&-12 vrs)
86 SOMERSET JOPLIN $1.428 1170 120' 38' x 32' 111 Sa. Ft. 8.274 28-38/&-12 vrs)
II FLINT $U18 1508 ..' 33' x 28' 828 Sa. Ft 8,334 1&-20 15-12 vrsl
87 NORMANDY $8.820 1182 108' 38' x 28' 730 Sa. Ft 8324 11-241&-12 vrs)
II MAUl $7,711 1570 ..' 27'x28' 593 Sa. Ft. 8.684 13-18 f2-12vrs)
8. EVEREST $7,242 1630 102' 33' x 28' 707 Sa. Ft 1428 18-241&-1hrs)
90 CHEROKEE $11,201 2295 102' 33' x 25' 118 Sa.Ft 9139 23-30 1&-12 vrs)
91 CAMELOT $15,680 2889 101' 34' x 32' 820 Sa. Ft 12171 33-441206 vrs)
92 NAVAJO $11,312 2195 114' 33' x 36' 859 Sa. Ft 9.211 30-40 1206 vrs)
13 POCAHONTAS $10.110 2002 114' 38' x 28' 823 Sa. Ft 8,408 21-38 1206 vrsl
14 MOROCCO $11.1" 20n 102' 33' x 28' 871 Sa. Ft 8723 22-30 1206 vrsl
95 BRAZIL $8,741 1866 120' 43' x 28' 861 Sa. Ft 7711 21-28 1206 vrsl
91 PIRATE $9,568 1931 18' 28' x 28' 597 Sa. Ft 8110 11-221206 vrs)
17 ASHLAND $8,482 1,731 102' 36' x 24' 652 Sa. Ft 7,270 22-30 1206 vrs)
98 ST LOUIS $8.120 1703 102' 28' x 32' 818 Sa.Ft 7153 21-28 f206 vrsl
99 SUNNYSIDE $7.418 1825 90' 28' x 24' 531Sa.Ft. 8,825 1 &-20 1206 vrs)
101 NOAH'S ARK $7,253 1354 90' 32' x 1t' 476 Sa. Ft 5.687 15-20 1206 vrsl
102 WINSTON $6,663 1.235 84' 24' x 28' 478 Sa. Ft 5.187 13-18 12-6vra1
103 ANNAPOLIS $8.728 1.383 90' 27' x 27' 639 So. Ft. 6725 15-20 1206 vrsl
104 KIWI $8,n2 1373 84' 28' x 24' 483 Sa. Ft 6,787 9-121206 VillI
105 PAGODA $6,311 1012 71' 25' x 21' 3n Sa. Ft 4,260 9-12/206 VIlI)
101 TRINKET $4,476 984 78' 24' x 20' 35t Sa. Ft 4.133 111-141206 vrs)
107 FIRE TRUCK $4,211 1021 71' 27' x 22' 427 Sa. Ft. 4,322 1-10 f206 VillI
108 LITTLE PEOPLE'S PLAYHOUSE $2,711 au N1A 18' x 18' N1A 2884 W f2-8 vrs
109 MELTON'S RUN $3,712 895 90' 28' x 26' .... Sa.Ft. 2,919 9-12 12-8 Vlll)
101 ZIPPER $2,184 4lIO 88' 23' x 1t' 308 Sa.Ft 2058 .... f206 vrsl
110 TODDLER NOAH'S ARK $4,111 145 72' 24' x 18' 337 Sa. Ft. un 111-1410.5 vrsl
111 TODDLER TUNNEL MAZE $5.321 883 84' 25' x 28' 444 Sa. Ft 3,825 11-141206 VillI
_",*"lochango__. __~21. 2004
* The retail price does nd indude Frelgf't, Borders, SUrfacing or In&talation. Cord may vary accord6ng to region&. Accurate price quotes wfth Sudacing. Borders, Freight and InstaII8tion availatje from a SaIe8 AccoiJnt Miwlager
'-'-
~
EXTRAS Ip~t OCTOBER 2004
CATALOG PRICE LIST
www.playmarlcom 800-437-5297 Local 606-679-2572 518 S. Main SI. Somerset, KY 42501
CATALOG PLAY CATEGORY *Retllll Price Weight IIn Borders Safety Area Surfacing Milk Jugs Per
PAGE pounds) 1Ft.) ILxW) A"'.ISq. Ft.) Component
120 ADA - GROUND LEVEL PLAY
Ct.OWN BALL TOSS - MINI $IN 80 >>8
DRMNGfTALX BOX COMBO - MINI $1,ZtS II 381
D1N0IDRIVING COMBO - MINI $1,014 138 -
PAINT PANEL - MINI $142 113 475
J' TUNNEL - MINI $171 171 718
S' TUNNEL -IIIEGA $1,423 387 1121
"DEGREE CURIIED TUNNEL - MINI $1,114 174 no
eo DEGREE CUR\/I!D TUNNEL - MI!GA "- $1,720 3M 1...
CI..OWN pANEL Wti.L ..... ( ... ... '-1\ $a, 144 %II 1212
PAINT PANEL WALL - MINI U ~ $1,481 ZI8 1201
DRIVING PANEL WALL - MINI $2,511 380 1470
121 BALL" BALANCE PLAY
GROUP SEE SAW .. $1,021 4IS 2071
c. GROUP SEE SAW 10' $1,111 121 2121
GROUP SEE SAW ~ $1,381 IN 2111
LMROLLER.z POStS $7*' .. 1011
s1EPPtHG STOOl..5IKT OF AI. .- 150 UG
., ....~MiNiiMeGA $210 44 181
FUNHOOP - .. POLE - r POLE ADA $112 112
TETHER BALL -WIPIPE. BALL CORD $211 42
JUNIOR SOCCER OOAUNET $1,572 215
PORTABLE SOCCER OOAUNET $2,241 128
AWMINUM BACKBOARD WIPOST $813 lIS
MUL11-PURPOSE POST $227 "
VOlLEV8ALL NET $241 I
122 PREESCHOOL PLAY
FOAM TODDLER CORNER CUMB $1,127 50
FOAM RIDE-A-DUCK $221 11
FOAM PLAYHOUSE $l,7M 71
FOAM BALL POOL $1,115 100
FOAM BALL POOL BALLS . CASE OF 100 $188 11
SUNSHINE MOUNTAIN $1,St1 "
FROG BOUNCY wi FOUNDATION $181 111
12na. BOUNCY wi FOUNDATION $7M 141
MUSTANG BOUNCYwt FOUNDATION $7M 180
iwHALI" BOUNCY wlFOUNOATION $181 141
123 ADA. SAND" WAlER PLAY
SAND BOX INO ROOFI $1&0 '" 811
SAND BOX wt CASA GRANDE ROOF $113 111 as2
ADA SAND DlGGERISANO DIGGER $141 21 105
GROUND LEVEL SAND BOX wi ROOF $770 100 420
WAlER TABLE *'
MUD PIE TABLE $7SI
1RIKl!! TRAFFIC SIGN SPINNERS $75 15 as
124 SWINGS WI COATED ctlAlN
SWING SET- 2SEAT-1 BAY $1,057 380 1. S2' " SS' 1011 1210
SWlNGSET- 4 SEAT-2 BAY $1,715 .' 171 152 ..,." SS' 1411 2410
SWING SET- I SEAT-S BAY $a,m lOGO 174 14' " ))' 1712 sm
SWWGSET- lSEAT-4BAY ss,OS2 1321 ,. II' " ))' 2141 4no
SWlNOSET- 10 SEAT-5 BAY ss,- ,_ 211 71" x )S' 21Ol1 ....
SWWGSET-12SEAT-lBAY $4,348 1175 Z4II IT x 3S' 2871 7051
SWlNGSET- 14SEAT-7BAY $1,00I 2SOO 112 w,,))' 3234 8211
SWING SET - 11 SEAT - I BAY $I,'" ZIZJ 284 1. x SJ' 3517 U71
124 SWING SEATOPllONS
HALF IIUCICET SEAT $1# I
ENCLOSED IIUCICET SEAT $85 7
TIRE SWING $115 21
sa. T SEAT $27 2
ADA SWING CHAIR .....ha....1 $481 30
ADA SWWG PLATFORM $l,W 14
Prices suIljoct to chonge _ _. Prices __ 6eplelOOer 21. 2004
. This is on _ only, Doe. nollnclude FmDhI. Bontllf1l, SUrfloclng Or InsblUation - cost may vary according to ~ion.. Accurate ~ quotes _ Surl8clng, Borders. Freighland
1_ a.._ Inlm a S8Ios Account __ upon request.
EXTRAS , Play Morf' OCTOBER 2004
PIavgro.,.,ds
CATALOG PRICE LIST
www.p1aymart.com 800-437-5297 Local 606-679-2572 518 S. MaIn St. Somerset, KY 42501
CATALOG PLAY CATEGORY 'RetaD Weight S8fety Anta Surfllclng Area MDk Jugs Per
PAGE Price Iln pounds) (LxW) ISq.Ft.) Component
126 PLAY GAZEBOS
GAZEBO wi HEX ROOF $2,114I 1000 .&.200
GAZEBO WI RAINBOW ROOF $4,711 1100 .&.620
125 S1GNAGE
SUPER ENTRANCE FRAME 'FRAME ONL VI $2,850 531 :t.Hl
PROJECT- NAME- AGE- RECYCLED CONTENT $1" 25 109
SAFETY - AGE APPROPRIATE SIGN $101 28 122
PROJECT INFORMATION SIGN $483 78 328
128 SUN SHADE SHELTERS
CALL FOR QUOTE
127 GRILLS
PEDESTAL ROATING GRILL $211 71
FLlP8ACK PEDESTAL ROTATING GRILL $231 75
CAST IRON GRILL $423 98
127 TRASH RECEPTACLES
TRASH RECEPTACLES - RSP PICKET $444 16 381
TRASH RECEPTACLES - COLOR PLASTIC $311 50
PLASTIC UNER IFIIa either receptacle) $84 12
128 BENCHES
BENCH - FLAT 7r r X 2" BOARDS $282 150 130
BENCH - FLAT 7r r X 4" BOARDS $- 150 130
BENCH - FLAT 7r 2" X r BOARDS $2U 150 130
BENCH WI BACK & ROOF $1,111 300 1210
BENCH - WI BACK rr r X 2" BOARDS $131 210 982
BENCH - WI BACK rr r X 4" BOARDS $111 210 982
BENCH - WI BACK 7r r X ." BOARDS $101 210 982
128 PICNIC TABLES
PRESCHOOL BENCH $104 ... 202
PRESCHOOL TABLE /8' L) $831 280 121.
PRESCHOOL TABLE 112' L) $1,185 - :t.OU
PRESCHOOL TABLE - ADA IT) $188 300 1210
PICNIC TABLE ... L) $831 380 1S81
PICNIC TABLE -ADA IT L) $188 310 1838
130 FITNESS CENTERS
10 STATION FITNESS CENTER $8,.... 2028 71'x21' 2068!la. Ft. ..11
12 STATION FmlESS TRACK $14,011 17M 83'xll' 4233 !la. Ft. ''''331
131 FITNESS SIGN WI POST
FOUR DIFFERENT CHOICES - SEE CATALOG $483 78 328
131-133 FITNESS COMPONENTS
CALL FOR QUOTE
134 ROCK CUMBERS
ROCK TOWER $IZ9 3SO 1470
TRIPLE ROCK WALL $2,11. ... '101
DOUBLE MOUNTAIN CUMBER $1,107 384 1 $28
DOUBLE ROCK WALL $1,413 477 ~003
CUMBlNG WALL $4,.231 420
17 BOR.DERS
RSP BORDER - rr LONG ..$14 80 ZIZ
BRICK BORDER - rr LONG - 30
RUBBER BORDER - rr LONG . - ...
WOOD BORDER -144" LONG $48 80
FUN T1MBERSl1t ..... LONG $32 12
BRICK BORDER END CAP AND SPIKE $35 .
BRICK BORDER PLUG AND SPIKE $28 I
Price. oubjed to change wiIhout notice. Price. _ October 26, 2D04 I
. This is an _It only, Doe. not include FroIght, Borders. SurIllcing or installation - COlIl may vary occording '" regions. _Ie pric:e quotes...... SUrflcing. 1IonIers. F...ight and 1....11oIion
available from a Soles A<:count ~r upon request
\,' A\'') 5 ') i'1 tl 5- :. t: ~ ~ ~ '.- - ~ . ~,(;. F :': )-v~ F . '
. L . L.. , . , v . ,IV v ..
PLAYLF.ND COST ESTIMATE ESTIMATE DATE: OS/25/05
STRUCTuRE #: SP052005-199 ~ fJ ..."1_. ~ ~
NOTES: d '1 d' 11 ,r J]~f - f' .
_ Pr~ces 0 not ~nc u e ~nsta at~on or ~ e~y sur ac~ng
- Please allow 5-6 weeks for manufacturing
- All quotes are valid for 90 days
Pl<.RT NUMBER
DESCRIPTION
RETAIL QTY EXTENDED ~~EIGHT
141. 00 2 282.00 f 58
167.00 1 167.00/ 30
1556.00 1 1556.00/ 390
2549.00 1 2549.00 620
80.00 6 480.00 384
.00 1 .00
--------- ------
REPORT TOTAL: 5034.00 1482
--------- ------
--------- ------
9001S208XX
90015220XX
90015501XX
90015502XX
9000404XX
FURCHASINGK
Belt Seat Bay - 8' - PVC
Half Bucket Eay - PVC
Arched Swing Fram 5"-8'-1 bay
Arched Swing Frame 5"-8'-2 bay
SWING PADS W/3EVELED EDGE - BL
PGRCH.tl"S 11\iG KIT
~~ [WSb- - qClO. 00
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hllp:lIwww.playmartcom/salesreps/designs/2oo4-MEGA-LIIYAKIMA 2004 MLI ~ t'
4-~-r.tlA:
Project Name:
Sales Rep:
Contact:
Address:
City:
State:
Zip:
Play Mart, Inc.@
PO Box 756 Somerset, KY 42502
(800) 437-5297 Fax: (606) 678-0911
STANDARD LI
PLA YMART
PLA YMART
5185 MAIN ST
SOMERSET
KY
42501
Date:
d/b:
Cell:
Work:
Home:
Fax:
Email:
5/1/04
jj
(123) 456-7892
(123) 456-7890
(123) 456-7891
(123) 456-7893
playmart@playmart.com
I...
PLA Y SYSTEM: YAKIMA ELEM Mega
QTY. COMPONENT DESCRIPTION RETAIL WT
5 ARCH - SAFETY, PLASTIC $360 40
5 DECK. STANDARD, 3'x 4' $1,415 134
1 BLOCKS - DECK 6" x 6" $52 30
2 BLOCKS - STEP UP 6" x 6" 2 = 1 set $42. 20
20 HANDLES - HEAVY DUTY COMMERCIAL PLASTIC $424 10
2 HANDLE PANEL $93. 1.0
16 POSTS 6" X 6" (ELEMENTARY) $3,002 1568
8 POST CAPS 6" X 6" - (SAFETY CODE) $93 6
2 POST CAPS 4. X 4" (SAFETY CODE) $17 0.9
1 SLIDE - 90 DEGREE CURVED (36"- 48" Deck Heights) $681 57
1 SLIDE - 5' WAVE (60" - 68" Deck) $907 100
1 SLIDE. MEGA REVERSING SPIRAL (72" Deck) (30" Tubes) $2,Q42 210
1 SLIDER - FIREMAN'S POLE - PMI $214 60
1 CLIMBER. SPIRAL LOOP. PMI $553 95
1 CLIMBER - MOUNTAIN $718 80
1 STEP. COMBO $142. 45
2 STEP - ADA $284. 89
1 LADDER - PIPE STEPS, 6' DECK $227 71
2 ROOF - CASA GRANDE $1,5:U 120
1 BRIDGE - CLATTER -7' (Double Deck Length) $1,078 246
2 OVERHEAD-METAL SUPPORTS WI BLOCKS $74 20
1 OVERHEAD 90-DEGREE RUNG - (MUST BE HORIZONTAL) $869 85
1 PANEL-COLOR $317 64
1 PANEL - PHONE DIALER (inset) $423 65
1 PANEL-STOREFRONT $317 50
1 PANEL - TIC TAC TOE INSET $423 51
1 DRIVING. WHEEL PLASTIC $42 3
1 SIGN - SAFETY & AGE APPROPRIATE SIGN WI POST $105 29
83 SUBTOTAL EQUIPMENT $16,446 3350
NO (Yes or Blank) PMllNSTAllATION
SURFACING
SURFACING INSTALLATION
FREIGHT. (SURFACING QUOTE)
FILTER FABRIC
FILTER FABRIC INSTALLATION
BORDERS
BORDER INSTALLATION - ALL TYPES
BORDER FREIGHT
FREIGHT
HANDLING $247
DISCOUNT
GRAND TOTAL $16,693 3349.9
This is a quote estimate only. Final prices will appear on PO.
x
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P..
I.-
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P-
p..
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hllp1/www.playmartcom/salesreps/designs/2oo4-MEGA_LIIYAKIMA 2004 MLI
MEADOWS P';RK COMPLETE EMAIL (2) xis
~
~~
Play Mart, Inc.@
RETAIL
PO Box 756 Somerset, KY 42502
(800) 437-
52
3/15/05
AN
Project Name:
Sales Rep:
Contact:
Address:
City:
State:
Zip:
Date:
d/b:
Cell:
Work:
Home:
Fax:
Email:
(561) 742.6227
MEADOWS PARK
MARIA PAZ
BARBARA MEECHAM
100 E. BOYNTON BEACH BOULEVARD
BOYNTON NEACH
FL
33425
!<.
R
PLA Y SYSTEM: YAKIMA ELEM Mega - Modified
-
QTY. COMPONENT DESCRIPTION RETAIL WT WHOLESALE
ARCH. SAFETY, PLASTIC ~-
5 $360 40 -
5 DECK - STANDARD, 3'x 4' $1,415 134
1 BLOCKS. DECK 6" x 6" $52 -
30 -
1 BLOCKS. STEP UP 6" x 6" 2 = 1 set $21 10
20 HANDLES. HEAVY DUTY COMMERCIAL PLASTIC $424 10 -
-
16 POSTS 6" X 6" (ELEMENTARY) $3.002 1568 -
6 POST CAPS 6" X 6" - (SAFETY CODE) $70 5 -
-
2 POST CAPS 4" X 4" (SAFETY CODE) $17 0.9
-
1 SLIDE, 90 DEGREE CURVED (36", 48" Deck Heights) $681 57
1 SLIDE, 5' WAVE 60" - 68" Deck) $907 100 -
-
1 SLIDE. MEGA, OPEN SPIRAL with EXTENSION DECK & RAILS (65",73" Deck) $3,179 220
-
1 SLIDER. FIREMAN'S POLE - PMI $214 60
CLIMBER - SPIRAL LOOP. PMI $553 95 -
1 -
1 CLIMBER - MOUNTAIN $718 80 -
1 STEP - COMBO $142 45 -
1 STEP, ADA $142 45 -
1 LADDER. MEGA, PIPE STEPS. 4' DECK $171 49
-
2 ROOF - MEGA - CASTLE WI FLAG S:Z,3{l3 336
-
1 BRIDGE, CLATTER -7' (Double Deck Length) 51,078 246
- -
1 OVERHEAD - MEGA - TROLLEY SLIDER - 10' TRACK $794 226
PANEL. COLOR $317 -
1 64
1 PANEL - PHONE DIALER (Inset) $423 -
65
--
1 PANEL-STOREFRONT . $317 50
-
1 DRIVING - WHEEL PLASTIC $42 3
1 SIGN. SAFETY & AGE APPROPRIATE SIGN WI POST $105 29 -
-
1 PANEL - MEGA. CONCENTRATION $423 51
1 POSTS 6" X 6" X 6' -(MI;GA FREESTANDING PANELS) $106 59
-
1 PANEL. DRIVING. FREE-STANDING: ADA (ADD POSTS SEPARATE) $624 20
.. . -
1 TALK TUBE SET - MEGA. (2 Talk Boxes & Pipes) $345 10
-
1 SPY TUBE - METAL $55 4
-
2 OVERHEAD - MEGA - METAL SUPPORTS WI BLOCKS $74 20
-
81 SUBTOTAL EQUIPMENT $19,154 3731
Yes or Blank! ,- -
NO PMIINSTALLATION
FREIGHT -SEE COMPLETE -
-
HANDLING $287
-
DISCOUNT -
GRAND TOTAL $19,442 3731 ---.-
~
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--
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\1/
This is a quote estimate only. Final prices will appear on PO.
http://www .playmartcom/salesrepsldesignsl2004-MEGA-1I/CASPER 2004 MLI
Date:
d/b:
Cell:
Work:
Home:
Fax:
Emai/:
Play Mart, Inc.@
PO Box 756 Somerset, KY 42502
(800) 437-5297 Fax: (606) 678-0911
Project Name:
Sales Rep:
Contact:
Address:
City:
State:
Zip:
n
PLA Y SYSTEM: CASPER PRE Mega
QTY. COMPONENT DESCRIPTION RETAIL WT
2 ARCH - SAFETY, PLASTIC $144 16
1 DECK - STANDARD, 3'x 4' $283 134
1 BLOCKS - DECK 6" x 6" $52 30
4 HANDLES - HEAVY DUTY COMMERCIAL PLASTIC $85 2
6 POSTS 6" X 6" (PRESCHOOL) $1,011 534
1 POSTS 6" X 6" X 6' - (MEGA FREESTANDING PANELS) $106 59
3 POST CAPS 6" X 6" - (SAFETY CODE) $35 2
1 SLIDE - SIDE BY SIDE (40" - 48") $681 78
1 CLIMBER - ROCK WALL (36" - 44" Deck) $318 42
1 STEPPER - MEGA TRIPLE WI COLOR PANEL SIDES $851 198
1 ROOF - CASA GRANDE $765 60
1 RAILS - MEGA 8 PIPE $211 43
1 PANEL - DRIVING, FREE-STANDING: ADA (ADD POSTS SEPARATE) $624 20
1 DRIVING - WHEEL PLASTIC $42 3
1 SIGN - SAFETY & AGE APPROPRIATE SIGN WI POST $105 29
26 SUBTOTAL EQUIPMENT $5,314 1250
NO (Yes or Blank) PMIINSTALLATION
SURFACING
SURFACING INSTALLATION
FREIGHT - (SURFACING QUOTE)
FilTER FABRIC
FilTER FABRIC INSTAllATION
BORDERS
BORDER INSTALLATION -ALL TYPES
BORDER FREIGHT
FREIGHT
HANDLING $80
DISCOUNT
GRAND TOTAL . $5,393 1250.4
This is a quote estimate only. Final prices will appear on PO.
httpJIwww.playmart.com/salesrepsldesigns/2004-ME GA-LVCASPER 2004 MlI
MEADOWS PARK COMPLETE EMAIL (2).xl.
Project Name:
Sales Rep:
Contact:
Address:
City:
State:
Zip:
Play Mart, Inc.@
PO Box 756 Somerset, KY 42502
(800) 437-5297 Fax: (606) 678-0911
MEADOWS PARK
MARIA PAZ
BARBARA MEECHAM
100 E. BOYNTON BEACH BOULEVARD
BOYNTON BEACH
FL
33425
RETAIL
REPeOpy
3/15/05
AN
Date:
d/b:
Cell:
Work:
Home:
Fax:
Email:
(561) 742-6227
PLA Y SYSTEM: CASPER PRE Mega - Modified
QTY. COMPONENT DESCRIPTION RETAIL WT WHOLESALE
~
2 ARCH - SAFETY, PLASTIC $144 16
DECK. STANDARD, 3'x 4' $283 134 -
1
-
1 BLOCKS - DECK 6" x 6" $52 30 -
4 HANDLES - HEAVY DUTY COMMERCIAL PLASTIC $85 2 -
6 POSTS 6" X 6" (pRESCHOOL) $1,011 534
-
1 POSTS 6" X 6" X 6' - (MEGA FREESTANDING PANELS) $106 59
-
3 POST CAPS 6" X 6" . (SAFETY CODE) $35 2 -
1 SLIDE - SIDE BY SIDE (40".48") $681 78
1 CLIMBER - ROCK WALLI36" . 44" Deck) $318 42 -
-
1 STEPPER - MEGA TRIPLE WI COLOR PANEL SIDES $851 198
-
1 ROOF. MEGA - GRAND CASTLE WI FLAG $1,361 206 -
1 RAILS - MEGA 8 PIPE $211 43
-
1 PANEL _ DRIVING, FREE-STANDING: ADA (ADD POSTS SEPARATE) $624 20
-
1 DRIVING - WHEEL PLASTIC $42 3
SIGN - SAFETY & AGE APPROPRIATE SIGN WI POST $105 -
1 29 -
26 SUBTOTAL EQUIPMENT - -
$5,910 1396 ~
NO (Yes or Blank) PMIINST ALLA TION
FREIGHT -SEE COMPLETE -
-
HANDLING $89 -
DISCOUNT --
GRAND TOTAL $~.998 1396
This is a quote estimate only. Final prices will appear on PO.
MEADOWS PARK COMPLETE EMAIL.xls
~'-"""Llr
Project Name:
Sales Rep:
Contact:
Address:
City:
State:
Zip:
Play Mart, Inc.@
PO Box 4050. West Somerset, KY 42564
(800) 437-5297 Fax: (606) 678-0911
MEADOWS PARK
MARIA PAZ.
BARBARA MEECHAM
100 E. BOYNTON BEECH BLVD.
BOYNTON BEACH
FL
33425
RETAIL
3128/05
AN
Date:
d/b:
Cell:
Work:
Home:
Fax:
Email:
561-742-6227
PLAY SYSTEM: COMPLETE ELEM Mega - Modified
QTY. COMPONENT DESCRIPTION RETAIL WT WHOLESALE
1 MODIFIED YAKIMA- MEGA ELEMENTARY $19,442 3731
1 MODIFIED CASPER-MEGA PRESCHOOL $5,998 1396
1 CLOWN PANEL WALL - Ait'1f4. $2,254 393
EX'fRAS
-
1 LOG ROLLER - MEGA - (COMPLETE - 2 POST) $781 250 -
-
1 SEESAW - MEGA - GROUP - 8' $1,021 493
BALANCE BEAM - MEGA - (1) SINGLE MEGA (FREESTANDING $260
1 4" x 6" x 10' WI POSTS! 44 -
1 STEPPING STOOLS - MEGA - (SET OF 6) $382 150
FLAGS - MEGA - PMI LOGO, (24" x 16" Rectangle) -
3 $118 1
10 SUBTOTAL EQUIPMENT $30,255 -
6458
NO (Yes or Blank) PMIINSTALLATION
BORDERS- RUBBER 6" X 6" X 72" BLACK (PER LINEAR FT) $4,536
504 INCLUDE FREIGHT 5040
-
FT FREIGHT INCLUDEDS BORDER FREIGHT $2,900
-
HANDLING $454
-
DISCOUNT
GRAND TOTAL $38,145 11498.1 -
This is a quote estimate only. Final prices will appear on PO. --
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM B.2
Requested City Commission Date Fina] Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 5, 2005 March 14,2005 (Noon.) 0 June 7, 2005 May 16,2005 (Noon)
0 April ]9,2005 April 4, 2005 (Noon) 0 June 21, 2005 June 6, 2005 (Noon)
0 May 3, 2005 Apri] 18,2005 (Noon) [gI Ju]y 5, 2005 June 20,2005 (Noon)
0 May 17,2005 May 2,2005 (Noon) 0 July 19,2005 July 5, 2005 (Noon)
NATURE OF
AGENDA ITEM
o
[gI
o
o
o
o
Administrative
Consent Agenda
Public Hearing
Bids
o
o
o
o
o
Development Plans
New Business
Announcement
Legal
Unfinished Business
Presentation
r_-"")
.:')
C") -;
:':=i-<
.="./1
(~
c::
-<0
N
w
RECOMMENDATION: Motion to approve the purchase from Oilmen's Truck Tanks, Inc. in the amount-'lf ..~.:3
$26,400.00 a new I,SOO-gallon aluminum skid mounted diesel fuel tank to be used as an alternative fueling:sourt~; 6
prior/during and after a hurricane emergency. _'="' ~:z
.. ., OJ
_ -!"T1
EXPLANATION: Last year was a very active hurricane season resulting in two storms hitting our area wfthin ~~
matter of weeks of each other. During and after each storm the fuel supply became difficult to obtain due to shorBges
and delivery of fuel into our State. It was determined after these storms that the Public Works Department should
look for alternative methods of storing additional fuel that can be mobilized to aid in fueling of emergency generators
used at various facilities including Utilities Department backup generators.
City Manager's Report
-..,.....
~-
.") -rt
"-~,,,I
'1-CJ
The skid-mounted fuel tank will be mounted to an existing vehicle. The tank will be able to pull fuel from our bulk
storage tanks and will be able to mobilize to various facilities throughout the City. The tank would be filled in
advance of a storm and stored on a vehicle at the Public Works Complex. Staffis requesting to bypass the bid process
for this purchase ($26,400.00). It has been difficult finding vendors willing to build a skid mounted tank that meets
DOT truck standards. Attached are letters from three vendors indicating they can't provide this type oftank.
Oilmen's Truck Tanks, Inc. was the only vendor that responded with a quote and the ability to provide this type of
specialized tank. Once the PO is awarded the tank will be built and delivered within approximately five weeks. If
this item would go out for bid, it would delay the purchase and the delivery anticipation date would not be until the
middle or end of hurricane season. Funding for this purchase is available from the Fleet Maintenance Vehicle
Purchase Account.
PROGRAM IMPACT: N/A
FISCAL IMPACT: $26,400.00 - Funded from Fleet Maintenance line item #501-2516-519-64.33 - Vehicle Purchases
AL ERNA TIVES: #1. Proceed with bid process #2. Not purchase the ta k
!?h),L 1ub~J!6
Department Name
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM. DOC
..~crr. .
'. ~;
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
May 2, 2005 (Noon)
o June 7, 2005
o June 21, 2005
[gI July 5, 2005
o July 19,2005
May 16,2005 (Noon)
0 April 5, 2005
0 April 19, 2005
0 May 3, 2005
0 May 17,2005
March 14,2005 (Noon.)
April 4, 2005 (Noon)
June 6,2005 (Noon)
April 18, 2005 (Noon)
June 20, 2005 (Noon)
July 5, 2005 (Noon)
" -...;
r
--
NATURE OF
AGENDA ITEM
o
[gI
o
o
o
o
Administrative
Consent Agenda
Public Hearing
Bids
o
o
o
o
o
Development Plans
New Business
"-'
f'0
Announcement
Legal
Unfinished Business
Presentation
:i?
..' '" ~--.f
r:~J
-q
;'1 OJ
.::::;PI
~D }->
1'2
-:...
..;-:-
~;.
City Manager's Report
RECOMMENDATION: Motion to approve the purchase from Oilmen's Truck Tanks, Inc. in the amount of
$26,400.00 a new 1,500-gallon aluminum skid mounted diesel fuel tank to be used as an alternative fueling source
prior/during and after a hurricane emergency.
EXPLANATION: Last year was a very active hurricane season resulting in two storms hitting our area within a
matter of weeks of each other. During and after each storm the fuel supply became difficult to obtain due to shortages
and delivery of fuel into our State. It was determined after these storms that the Public Works Department should
look for alternative methods of storing additional fuel that can be mobilized to aid in fueling of emergency generators
used at various facilities including Utilities Department backup generators.
The skid-mounted fuel tank will be mounted to an existing vehicle. The tank will be able to pull fuel from our bulk
storage tanks and will be able to mobilize to various facilities throughout the City. The tank would be filled in
advance of a storm and stored on a vehicle at the Public Works Complex.
Staff is requesting to bypass the bid process for this purchase ($26,400.00). It has been difficult finding vendors
willing to build a skid mounted tank that meets DOT truck standards. Other vendors contacted include, Ace Tank;
Boston Steel Tanks; Tanks Direct, Enviro Tank; Convault; Phoenix Industries; and EZ Fuel. Attached are letters
from three vendors indicating they can't provide this type of tank. Oilmen's Truck Tanks, Inc. was the only vendor
that responded with a quote and the ability to provide this type of specialized tank. Once the PO is awarded the tank
will be built and delivered within approximately five weeks. If this item would go out for bid, it would delay the
purchase and the delivery anticipation date would not be until the middle or end of hurricane season. Funding for
this purchase is available from the Fleet Maintenance Vehicle Purchase Account.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PROGRAM IMPACT: N/A
FISCAL IMPACT: $26,400.00 - Funded from Fleet Maintenance line item #501-2516-519-64.33 - Vehicle Purchases
ALTERNATIVES: #1. Proceed with bid process
#2. Not purchase the tank
Department Head's Signature
;:Z6~c- !dote/G
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
Page l)f 1
Calhoun, Timothy
From: Justin Wappel [jwappel@envirotank.com]
Sent: Tuesday, May 31,20053:21 PM
To: calhount@ci.boynton-beach.fl.us
Subject: AGI-ENVIROTANK
Tim
Thanks again for your inquiry, as we discussed AGI does not presently fabricate aluminum tanks, If we can be of service in double
wall steel please give me a call.
Have a great summer
Sincerely
...
A.G..'. ~. ~
en
Justin B. Wappel
Division Manager
AGI-ENVIROTANK "The BEST BUILT Envirotank in Canada"
www.envirotank.com
9mail: iwappel@envirotan~~com
:>h: 1-800-746-6646
'ax: 1-306-948-5263
3&oe
fHIS COMMUNICATION IS INTENDED ONLY FOR THE USE OF THE ADDRESSEE AND MAY CONTAIN CONFIDENTIAL
Cl.ND PRIVILEGED INFORMATION. IF YOU ARE NOT THE INTENDED RECIPIENT, ANY COPYING, USE OR
JISSEMINATION OF THIS INFORMATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN
:::RROR, PLEASE NOTIFY US IMMEDIATELY AND DELETE THIS COMMUNICATION FROM YOUR RECORDS. THANK YOU.
6/1/2005
Page 1 of 1
Calhoun, Timothy
um: David Burke [dburke@bostonsteel.com]
Sent: Tuesday, May 31,20051 :03 PM
To: calhount@ci.boynton-beach.f1.us
Subject: FW: 1500 gallon skid tank
From: David Burke
Sent: Tuesday, May 31, 2005 12:59 PM
To: 'caJhount@ci.boyton-beach.fl.us'
Subject: 1500 gallon skid tank
Tim - Thanks for your consideration in building a 1500 gallon skid tank for Boynton Beach. Due to its unusual nature for our
business, I think you would be better served by those who do that type of work more often. However, please keep us in mind for
any future chassis mounted truck tanks, whether it be steel or aluminum. Thanks again. David Burke President
Protected by a Spam Blocker Utility.
Click here to protect your inbox from Spam.
,/1/2005
4-<
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM B.3
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D April 5, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16,2005 (Noon)
D Apri119, 2005 April 4,2005 (Noon) D June 21, 2005 June 6, 2005 (Noon)
D May 3, 2005 Apri11S,2005 (Noon) [8] July 5, 2005 June 20, 2005 (Noon)
D May 17,2005 May 2,2005 (Noon) D July 19, 2005 July 5, 2005 (Noon)
D Administrative D Development Plans
NATURE OF [8] Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D UnfInished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION: A motion to award the "ONE YEAR CONTRACT FOR THE UPGRADE AND
MAINTENANCE OF THE NEAX PHONE SYSTEM FOR THE CITY OF BOYNTON BEACH" Bid #025-1510-
05/JA, to Shared Technologies of Deerfield Beach, Florida, in the amount of $167,072.00 for the first year.
EXPLANATION: On April 19, 2005, Procurement Services received and opened five (5) proposals for the "ONE
YEAR CONTRACT FOR THE UPGRADE AND MAINTENANCE OF THE NEAX PHONE SYSTEM FOR THE
CITY OF BOYNTON BEACH". The proposals have been reviewed and it was determined that Shared Technologies,
of Deerfield Beach was the lowest, most responsive bidder who meets the specifications. John McNally, ITS Manager,
concurs with this recommendation (see attached memo #05-009).
PROGRAM IMPACT: The purpose of this bid was to upgrade the current NEC 2400 telephone system utilizing tIt~
existing phone handsets; and to provide a maintenance agreement on the existing equipment. c.2 :;-:, :::;
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c_ ..~_
The provisions of this bid award will allow for two (2) one-year extensions of the maintenance contract ~he s~me
terms, conditions, and prices subject to vendor acceptance, satisfactory performance and determinatiqlbtha[~~
renewal is in the best interest of the City. 0 ~....~ ~<
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FISCAL IMPACT:
302-4101-580-64-20
BUDGET ACCOUNT:
$167,072.00
CP0503
BUDGET AMOUNT: C5
(First Year - Upgrade and Maintenance) r-
$ 34,272.00 (Fir Extension - Maintenance Only)'
$ 34,272.00 (Sec nd E ension - Maintenance Only)
~~
Mary M 0, Assistant to the Finance Director
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
ITS Memorandum No. 05-009
MEMORANDUM
To:
Re:
Janet Allen, Procurement Buyer
John McNally, n.s. Manager t
City of Boynton Beach, PBX Upgrade Bid
Bid No. 025-1510-05/JA
From:
Date:
June 17, 2005
The I.T.S. Department has reviewed the bids submitted for the upgrade and
maintenance of the City of Boynton Beach's NEC PBX phone system. Of the bids
received and reviewed, the one submitted by Shared Technologies was found to be
the most responsive, and the lowest bid. We have reviewed the vendor's customer
references for which we received very good reviews, and verified that the vendor's
relationship with the NEC Corporation is in good standing. Therefore, it is the
recommendation of this department that bid number 025-151 0-05/JA for the upgrade
and first year of maintenance in the amount of $167,072.00 be awarded to Shared
Technologies. The City of Boynton Beach and Shared Technologies have the option
to renew the maintenance agreement for two additional one-year terms, for the
amount of $34,272.00. The bid tab sheets are attached.
Funding for this bid is in the CIP account # 302-4101-580-64-20 and Project #
CP0503.
Please contact me if any additional information is required.
Attachments
Copy:
Peter Wallace, I.T.S. Director
Cathy McDeavitt, Asst to the Director
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CITY OF BOYNTON BEACH
MEMORANDUM
TO:
FROM:
John McNally, I.T.S. Manager
David N. Tolces, Assistant City Attorn~
DATE:
June 17, 2005
RE:
SHARED TECHNOLOGIES MAINTENANCE AGREEMENT AND
MAINTENANCE ORDER
The attached Maintenance Agreement and Maintenance Order for Shared
Technologies are "Approved as to Form".
Please do not hesitate to contact me should you have any questions.
Attachments (2)
S:/CAlMEMORANDUM: Transmittal to John McNally-5-12-QS
1
2 RESOLUTION NO. ROS-
3
4 A RESOLUTION OF THE CITY OF BOYNTON
5 BEACH, FLORIDA, APPROVING THE AWARD OF
6 BID #02S-1S10-0S/JA TO SHARED TECHNOLOGIES,
7 INC., FOR THE ONE YEAR CONTRACT FOR THE
8 UPGRADE AND MAINTENANCE OF THE NEAX
9 PHONE SYSTEM IN THE AMOUNT OF $167,072.00;
10 AUTHORIZING THE CITY MANAGER TO
11 EXECUTE CONTRACT DOCUMENTS; AND
12 PROVIDING AN EFFECTIVE DATE.
13
14
15 WHEREAS, ON April 19, 2005, five (5) proposals were received and opened by
16 Procurement Services for the one year contract for the upgrade and maintenance of the
17 NEAX phone system, and staff is recommending the award to Shared Technologies, Inc.,
18 as the lowest, most responsive, responsible bidder who meets all specifications.
19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
20 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
21
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed
22 as being true and correct and are hereby made a specific part of this Resolution upon
23 adoption.
24
Section 2.
The City Commission of the City of Boynton Beach, Florida,
25 hereby approves the award of Bid #025-1510-05/JA to Shared Technologies, Inc., for the
26 one year contract for the upgrade and maintenance of the NEAX phone system, and does
27 hereby authorize the City Manager to execute a contract in the amount of $167,072.00, a
28 copy of said Contract is attached hereto and made a part hereof.
29
Section 3.
That this Resolution shall become effective immediately.
30
S:\CA\RESO\Agreements\Bid Awards\Award of Bid - Shared Technologies (NEAX).doc
1
2
PASSED AND ADOPTED this
day of
,2005.
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20 ATTEST:
21
22
23 City Clerk
24
25 (Corporate Seal)
26
27
28
29
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\RESO\Agreements\Bid Awards\Award of Bid - Shared Technologies (NEAX).doc
~~:~_i'
SHAReD
TECHnOLOGIES
TM
Ma!"tenance Agreement
This Maintenance Agreement for Company Services (as defined below) ("Agreemenf'), is made by and between Shared Technologies Inc.,
("Company") and City of Boynton Beach ("Customer"), with offices located at 100 East Boynton Beach Blvd.( P.O. Box 310) Boynton Beach. Florida,
33425-0310. Customer may request and Company or its providing affiliate may install and maintain certain pre-purchased telecommunications equipment at
Cu~tomer locati~ns within the continental United States as described in the applicable Maintenance Order, PO, and/or other forms supplied by Company
which are submitted by Customer and subsequently accepted by Company (collectively a nd individually, the "Company Services"). This Agreement is
binding after execution by both parties. Acceptance of this Agreement by Company is subject to Customer meeting Company's credit terms and conditions,
which may be based on commercially available credit reviews and to which Customer hereby consents.
This Agreement shall be of no force and effect unless this Agreement is executed by Customer and delivered to Company on or before
1. Definitions.
1.1 "Maintenance Services" means the Company's service offering defined in Section 8 below.
1.2 "Maintenance Order" means an order for Maintenance Services made during the Term of this Agreement, made on the forms supplied
by Company. submitted by Customer and subsequently accepted by Company. Such Maintenance Order shall specify the
commencement date for such Maintenance Services, installation and maintenance location, port count, and the monthly recurring
charges for such Maintenance Services.
1.3 "Purchase Order" or "PO" means Customer's standard purchase order(s) used to order Company Services contemplated herein.
The terms and conditions of this Agreement, including any attachments, will supercede all terms and conditions, other than price (as
determined solely by Company), type and quantity of equipment and maintenance schedule, set forth in the Customer's PO regardless
of the date indicated on the PO. All orders placed by the Customer and all Company Services provided by Company will be subject to (I)
acceptance by Company, and (ii) the terms and conditions of this Agreement. In the event of any inconsistency between the terms in
the PO and this Agreement relating to price of equipment, type and quantity of equipment, delivery schedule and delivery instructions,
the terms in this Agreement shall control.
1.4 "Equipment" means the pre-purchased CPE, cables, connectors, and/or software described in the applicable Maintenance Order
and/or PO submitted by Customer and subsequently accepted by Company.
1.5 "Premises" means the Equipment installation and maintenance location as identified in the applicable Maintenance Order and/or PO.
1.6 "Customer Change Authorization" or "CCA" means an order, made on forms supplied by Company, submitted by Customer and
subsequently accepted by Company, modifying an existing Maintenance Order or an order for additional services provided by Company
to Customer.
2. Term. The term of this Agreement shall commence 0 n the date it is fully executed by Company and shall remain in full force and effect
through the expiration of any applicable Maintenance Order and/or PO submitted by Customer and subsequently accepted by Company. The
term of each Maintenance Order (each a "Maintenance Order Term") shall commence on the date specified therein and cover a period of one
(1) year (each a "Contract Year"), unless a period other than one (1) year is expressly specified in the applicable Maintenance Order. After the
expiration of the initial Maintenance Order Term, the Maintenance Order Term may be renewed from year-to-year through the execution of a
written amendment to this Agreement providing for such extension, which a mendment will set forth the term of renewal a nd expiration or
termination of the Agreement or Maintenance Order Term. The rate for each Contract Year may be increased by no more than five percent
(5%) than the previous year, or any other rate specified by Company in writing or by invoice insert.
3. InvoicinQ and CharQes.
3.1 Company shall submit i nvoice(s) to Customer for a II charges due under this Agreement, including without limitation any installation,
shipping, upgrading, and restocking charges. Invoices will be issued by Company monthly (monthly, quarterly, annually or semi-
annually).
Invoices will be issued in accordance with the applicable Maintenance Order. Customer will pay the amount invoiced upon receipt of
invoice. Customer may not withhold payment of any amount invoiced based on abatement, reduction, set-off, defense, counterclaim or
recoupment in connection with any past, present or future claim Customer may allege against Company for charges not covered under
this Agreement or against the manufacturer of any equipment or any other third party. In the event Company does not receive full
payment within thirty (30) days of the invoice date, Company, in its sole discretion, may assess an additional charge against Customer
in the amount of one and one-half percent (1%%) per month or the maximum rate allowed under applicable law, whichever is less, on
any unpaid amounts. Amounts paid in advance or in excess of the amount invoiced will be applied to outstanding or future invoices;
provided, however, that if this Agreement expires or is earlier terminated and there are no outstanding amounts owed or invoiced, any
unused portion of the advance or excess payment(s) will be refunded to Customer.
3.2. All charges are exclusive of federal, state and local sales, use, excise, utility and gross receipts taxes, other similar tax-like charges, and
tax-related surcharges, which Customer agrees to pay. Taxes based on Company's net income shall be the sole responsibility of
Company. I n the event that Customer provides Company with a duly authorized exemption certificate, Company agrees to exempt
Customer in accordance with law, effective on the date the exemption certificate is received by Company.
3.3 Failure to remit payment when due may result, upon Customer notification, in interruption or cancellation of Company Services under this
Agreement. Customer shall be liable for the payment of all fees and expenses, induding attorney's fees, reasonably incurred in collecting, or
attempting to collect, any charges owed hereunder. Company may refuse to ship any equipment, provide Maintenance Services 0 r fulfill a
Customer Sales Order, Maintenance Order and/or PO for Equipment if (i) Customer provides false information to Company regarding Customer's
identity, creditworthiness, or its planned use of the equipment, (ii) any outstanding balance due for equipment purchased under this Agreement. or
(Hi) Company no longer offers the Equipment or provides Maintenance Services on the CPE or other equipment on a commercial basis.
4. Confidential Information. To the extent permitted by law, and subject to the Florida Public Records Law, Section 119.07, Florida Statutes,
commencing upon Customer's execution of this Agreement and continuing for a period of three (3) years from the termination of this Agreement, each
party shall protect as confidential, and shall not disdose to any third party, any Confidential Information received from the disclos!ng pa~ or oth~rwise
discovered by the receiving party during the Term, including, but not limited to, the pricing and terms of this Agreement, and any Information relating to
SHARED TECHNOLOGIES CONFIDENTiAl
1
MaintenanceAgmt.02l18/0S
the disclosing party's technology, business affairs, and marketing or sales plans (collectively the "Confidential Information"). The parties shall use
Confidential Information only for the purpose of this Agreement. The foregoing restrictions on use and disdosure of Confidential Information do not
apply to !n~ormati?n that: (a) is in the possession of the receiving party at the time of its disdosure and is not otherwise subject to obligations of
confidentiality; (b) IS or becomes publidy known, through no wrongful act or omission of the receiving party; (c) is received without restriction from a third
party free to disdose it without obligation to the disdosing party; (d) is developed independently by the receiving party without reference to the
Confidential Information, or (e) is required to be disdosed by law, regulation, or court or govemmental order.
5. Limitation of Liability and Limited Warranty.
5.1. Neither party will be deemed to be negligent, at fault or liable in any respect for any delay or failure in performance resulting from acts of
God, war, accidents, labor disputes, strikes, power interruptions or outages or any other cause beyond the reasonable control of the
party delayed; provided, however, that such acts or events shall not relieve Customer of its obligation to make payments for invoiced
amounts. In no event shall Company be obliged to provide credits for service interruptions to Customer's network telecommunication
services.
5.2. Limited Warranty:
5.2.1 During the term of this Agreement, Company warrants that the Equipment will have been installed and maintained in a good and
workmanlike manner subject to the limitations set forth in Section 5.2.2 below.
5.2.2 The limited warranty described herein does not include efforts to remedy, repair or replace as a result of: (i) accident or neglect;
(ii) problems relating to or residing in other hardware, software or services with which the Equipment is used; (Hi) use of the Equipment
in an environment, in a manner or for a purpose for which it was not designed; (iv) problems relating to or residing in the power supply or
other circuitry, except as provided by Company; and (v) installation, modification, alteration or repair of the Equipment or Software by
anyone other than Company or the manufacturer.
5.3. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED,
AS TO THE EQUIPMENT, MAINTENANCE SERVICE, ANY OTHER EQUIPMENT OR RELATED PRODUCT, SOFTWARE OR
DOCUMENTATION. COMPANY SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT
LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE OR NON-
INFRINGEMENT OF THIRD PARTY RIGHTS. COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM OR
RELATED TO ALLEGED VIOLATIONS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
5.4. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, TREBLE, SPECIAL,
INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF USE OR LOST BUSINESS, REVENUE,
PROFITS, OR GOODWILL, ARISING IN CONNECTION WITH THIS AGREEMENT, EQUIPMENT, RELATED PRODUCTS,
DOCUMENTATION AND/OR THE INTENDED USE THEREOF, UNDER ANY THEORY OF TORT, CONTRACT, INDEMNITY,
WARRANTY OR STRICT LIABILITY, EVEN IF THE PARTY HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE
POSSIBILITY OF SUCH DAMAGES.
5.5. WITHOUT LIMITATION OF THE PROVISIONS OF SECTION 5.4 ABOVE, THE TOTAL LIABILITY OF COMPANY, TO CUSTOMER IN
CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE LESSER OF (A) DIRECT DAMAGES PROVEN BY CUSTOMER OR
(B) THE TOTAL AMOUNTS PAID BY CUSTOMER TO COMPANY FOR THE SPECIFIC PRODUCT OR SERVICE FORMING THE BASIS OF
THE CLAIM OR CAUSE OF ACTION FOR THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM OR
CAUSE OF ACTION AROSE. COMPANY SHALL NOT BE LIABLE FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY
CUSTOMER'S USE OF REASONABLE DILIGENCE. THE FOREGOING LIMITATION APPLIES TO ALL CAUSES OF ACTIONS AND
CLAIMS, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, INDEMNITY, STRICT
LIABILITY, MISREPRESENTATION AND OTHER TORTS. CUSTOMER ACKNOWLEDGES AND ACCEPTS THE REASONABLENESS OF
THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY. HOWEVER, NOTHING IN THIS SECTION 5.5 SHALL LIMIT
COMPANY'S LIABILITY: (A) IN TORT FOR ITS WILLFUL OR INTENTIONAL MISCONDUCT, OR (B) FOR BODILY INJURY OR DEATH
PROXIMATELY CAUSED BY COMPANY'S NEGLIGENCE, OR (C) LOSS OR DAMAGE TO REAL PROPERTY OR TANGIBLE PERSONAL
PROPERTY PROXIMATELY CAUSED BY COMPANY'S NEGLIGENCE.
6. Termination.
6.1 Either party may terminate this Agreement for Cause. "Cause" shall mean a breach by the other party of any material provision of this
Agreement, provided that written notice of the breach has been given to the breaching party, and the breach has not been cured within
thirty (30) days after delivery of such notice.
6.2 Either party may terminate this Agreement or any Maintenance Order or portions thereof, at any time, without cause, during the Term, upon not
less than thirty (30) days' prior written notice to the other party, provided that Customer shall pay in full all charges for Maintenance Services and
any other services rendered by Company through the termination date.
7. Indemnification.
To the extent permitted by law, Customer and Company agree to defend at their expense, indemnify, and hold harmless each other from and
against any third party claims, suits, damages and expenses asserted against or incurred by such party ("Indemnitee") arising out of or
relating to bodily injury to or death of any person or loss of or damage to real or tangible personal property or the environment to the extent
that such third party claim, suit, damage, or expense was proximately caused by any negligent act or omission on the part of the party from
whom indemnity is sought, its agents or employees ("Indemnifying Party"). Notwithstanding any other provision of this Agreement, the
Indemnifying Party shall pay all damages, settlements, expenses a nd costs, induding costs of investigation, court costs and reasonable
attorneys' fees and costs (inclUding allocable costs of in-house counsel) incurred by the Indemnitee as set forth in this Section 7, induding,
without limitation, reasonable attorneys' fees and costs (including allocable costs of in-house counsel) incurred in enforcing this Section 7.
8. Company Responsibilities.
8.1 Company shall maintain the items 0 f C PE purchased i ndependenUy by Customer, ass et forth in the applicable Maintenance Order
and/or PO. Customer hereby grants Company the exclusive right 10 maintain such Equipment during the term of this Agreement.
8.2 Company shall provide, on a commercially reasonable basis, maintenance service, as more fully described in Section 8.3 ("Maintenance
Service"), on the Equipment. In performing its maintenance obligation, Company may, in its discretion, seek and obtain the assistance
of contractors or the vendors or manufacturers of the Equipment maintained hereunder.
8.3 Maintenance Service, as defined herein, includes the following:
8.3.1 Use commercially reasonable efforts to isolate any problems with the Equipment and to restore service within the hours set forth in
the applicable Maintenance Order and/or PO following receipt of Customer's notification or Company being made aware that the
Equipment is inoperative.
8.3.2 Investigate trouble reports initialed by Customer and repair or replace, at Company's sole discretion, any of the Equipment that
fails to meet the manufacturer's published operating specifications for the Equipment during the term of this Agreement.
8.4 Maintenance Service shall not include or apply to the following:
SHARED TECHNOLOGIES CONFIDENTIAL
2
MaintenanceAgmt.02I18/05
8.4.1 Electrical work external to the Equipment or otherwise considered "in-house wiring".
8.4.2 Repair or replacement of failed equipment caused by factors outside of the Equipment, such as fire, accident, misuse, vandalism,
water, lightning, or failure of Customer's Installation Site to conform to manufacturer specifications.
8.4.3 Use of the Equipment for other than the intended purpose.
8.4.4 Repair of damage caused by the maintenance or repairs performed by a person other than a Company employee or person
authorized by Company.
8.4.5 Supplies, accessories, painting, or refurbishing of the Equipment.
8.4.6 Relocation, additions, or removal of Equipment, parts, or features not furnished by Company or use of the Equipment with other
equipment that fails to conform to manufacturer specifications.
8.4.7 Power or back-up power to or from the Equipment, unless otherwise agreed by the parties in the applicable Maintenance Order.
8.4.8 Any network "teJco" issues.
8.4.9Repair or damage caused by problems relating to or residing in the power supply or other circuitry.
In the event Customer requests Company to perform anyone or more of the activities identified in this Section 8.4 and Company agrees
to do so, which will be reflected in a CCA or Maintenance Order, signed by both parties, Customer will pay Company the hourly labor
MAC Rates set forth in the applicable Maintenance Order or CCA plus any additional charges for parts/materials and travel charges.
8.5 Company provided Site Event Buffer (SEB). Customer may purchase from Shared Technologies, at the price identified in the applicable
Sales Order, a new SEB device for use in monitoring of the Customer's telecommunications system related alarms. In the allemative, if
requested in the applicable Maintenance Order, and at no additional charge to Customer, Company will provide, at Customer's
Premises, a refurbished SEB device to be used in the provision of Maintenance Services purchased hereunder. Tille to the Company
provided SEB will remain with Company. Upon the expiration or earlier termination of Maintenance Services, Customer will allow
Company to retrieve the Company provided SEB from Customer Premises. Customer's failure to allow Company to retrieve the
Company provided SEB will result in a charge (as determined by Shared Technologies based on the age and condition of the SEB
device) to Customer's account for the purchase of such refurbished SEB device. Customer will be responsible for the payment of such
charges. Any new SEB purchased by Customer, or SEB owned and provided by Customer, will remain the Customer's property.
9. Customer Responsibilities. Customer's responsibilities and obligations under this Agreement include the following:
9.1 Provide Company and its subcontractors with immediate access (twenty-four (24) hours per day, seven (7) days per week during the
Term) to Customer facilities, overhead and under floor cable ducts, Premises and Equipment as may be necessary or useful for
Company to meet Company's requirements identified herein.
9.2 Report detected Equipment failures and provide information requested by Company, its subcontractors, or Company's designated point
of contact, that is necessary or useful for Company to meet Company's requirements identified herein.
9.3 Obtain, as may be necessary and at Customer's cost, all permits, licenses, variances and other authorizations required by state and local
jurisdictions for installation and operation of the Equipment.
9.4 Provide adequate building, space, circuitry, and power in accordance with the standards established by Company for proper installation
and operation of the Equipment.
9.5 Ensure that adequate back-up power to the Equipment exists in the event of a power failure, interruption or outage.
9.6 Ensure that all of Customer's electronic files are adequately duplicated and documented at all times. Company and its subcontractors will
not be responsible or liable for Customer's failure to adequately duplicate or document files or for data or files lost during the course of
performance of services hereunder.
9.7 Provide a well-lighted and safe working area that complies with all local safety standards and regulations for Company employees and
subcontractors.
9.8 Provide Company employees and subcontractors with proper security clearances as required. If security passes are required for the
Company employee or subcontractor or the equipment brought with such person, Customer must be available to provide all required
badges, passes, etc. at the time the Company employee or subcontractor arrives at the Customer Premises.
9.9 Customer agrees to ensure that any replacement equipment is free of any encumbrances at the time of any exchange. Customer further
agrees to remove all extemal attachments or objects from the unit of equipment to be replaced before the time of exchange. Customer
gives up all rights to any such items not removed.
9.10 Provide Company employees and subcontractors all appropriate communications, product and service documentation, installed
equipment lists, cabling and equipment locations, configuration and maintenance of any software and any software upgrades or back-
ups related to the Equipment.
9.11 Appoint an administrator (the "Customer Contact") knowledgeable in Customer operational requirements as a point of contact to
Company and with the authority to act on Customer's behalf.
9.12 Follow all installation, operation and maintenance instructions provided by the Equipment manufacturer(s).
10. Miscellaneous.
10.1 Subconlractino. Company may subcontract any or all of the work to be performed by and under the terms and conditions of this
Agreement. Company will be responsible for the work of such subcontractors and for the fulfillment of the terms and conditions of the
Agreement.
10.2 Notices.
10.2.1 Any notices or other communication required to be given to the other party under this Agreement will be given in writing and
either (i) delivered in person, (ii) sent by overnight courier service, properly addressed and prepaid, or (Hi) sent by United States Postal
Service certified or registered mail, retum receipt requested, properly addressed and with the correct postage.
10.2.2 Notices to Customer are to be sent to the address set forth on the first page of this Agreement. Notices to Company are to be
sent as follows: Shared Technologies Inc., 1405 South Bellline Road, Suite 100, Coppell, TX 75019, Attn: Contract Administration.
10.2.3 Notices will be deemed delivered and effective (i) the day of delivery if in person, (ii) the day of delivery if sent by courier service
or (iii) three (3) business days after the date of mailing. Addresses may be changed by giving written notice in accordance with this
Section 10.2.
10.3 Applicable Law. This Agreement shall be govemed by and construed in accordance with the substantive laws of the State of Florida without
regard to its choice or conflicts of law principles.
10.4 Independent Contractor Status. Company's relationship to Customer in the performance of this Agreement is that of an independent
contractor. Nothing contained in this Agreement shall be deemed or construed as creating a partnership, j oint venture 0 r fiduciary
relationship between Company and Customer.
10.5 EXpOrt and Leoal Compliance.
10.5.1. Customer acknowledges that certain equipment, software and technical data that may be provided hereunder may be subject
SHARED TECHNOLOGIES CONFIDENTIAL
3
MaintenanceAgmt.02/18/05
to export and re-export controls under the U.S. Export Administration Regulations and/or similar regulations of the U.S. or any other
country. Customer shall not export or re-export any such equipment, software, technical data or any direct product thereof in violation of
any such laws.
10.5.2. Customer shall comply with all laws and regulations, including but not limited to import and custom laws and regulations.
10.6 Toll Fraud Disclaimer. Company makes no representation or warranty that the equipment is technically immune from or prevents
fraudulent intrusions into and/or unauthorized use of the Equipment (induding any interconnection to a long distance network).
10.7 Survival. The rights and responsibilities of the parties hereto under the provisions, which by their nature extend beyond any such
expiration or termination, shall survive expiration or earlier termination of this Agreement.
10.8 Assiqnment. Neither party may assign this Agreement or any of its rights hereunder without the prior written consent of the other party,
which consent wilf not be unreasonably withheld or delayed; provided that Company may assign this Agreement, in whole or in part, or
any of its rights hereunder to an affiliate or successor without the written consent of or notification to Customer.
10.9 Use of Service Marks. Trademarks and Name. Neither Company nor Customer shalf: (i) use any service mark or trademark of the other party; or
(ii) refer to the other party in connection with any advertising, promotion, press release or publication unless it obtains the other party's prior written
approval. Under no circumstance shalf a party, as a result of this Agreement. obtain any ownership interest or other right in any patents, pending
patents applications, trade secrets, copyrights, names, trademarks, lradenames, servicemarks, logos or other intellectual properly rights.
10.10 Modifications: Invalidity; Waiver. Except as otherwise provided herein, modification or amendment to this Agreement shall not be valid
or effective unless in writing and signed by both parties hereto. The invalidity or non-enforceability of any particular provision of this
Agreement shall not affect the other provisions, which shall be valid and enforceable to the fullest extent permitted by law. No waiver of
any of the provisions of this Agreement shall be binding unless it is in writing and signed by the party granting the waiver. No waiver
shalf be deemed, or shall constitute, a waiver of any other provision, whether or not similar, and no waiver shall be deemed, or shall
constitute, a continuing waiver.
10.11 Entire Aqreement. This Agreement, and Company accepted Maintenance Order(s), PO's and/or other forms supplied by Company
constitute the entire understanding between the parties conceming the subject matter hereof. No prior or contemporaneous
representations, expressions, or agreements, either written or oral, or any handwritten modifications, any course of dealing, usage of
trade or course of performance under this or other agreements shall alter the terms of this Agreement.
10.12 Siqnature Authorization. The parties have duly executed and agreed to be bound by this Agreement as evidenced by the signatures of
their authorized representatives below. Each party represents and warrants to the other that the Signatory identified beneath its name
has fulf authority to execute this Agreement on its behalf.
City of Boynton Beach
Date
tiJ / J3/ 05
Date
Betsy Baker
Typed or Printed Name
Typed or Printed Name
Tille
Director Contract Administration
Tille
APPROVED M3 r-QM: 1
~ /~)(/~
CITY ATTORNEY
SHARED TECHNOLOGIES CONFIDENTIAL
4
MaintenanceAgmt.02l18/05
~"--",.
SHARED
" 'TECHnOLOCnES
TM
MAINTENANCE ORDER
1. (a) Customer Premises (each a Service Location):
City of Boynton Beach
100 East Boynton Beach Blvd.
P.O. Box 310
Boynton Beach,
Florida, 33425-0310
Contact Person: John McNally I T Manager 561-742-6070
(b). Customer Billing Address (if different from above):
Street Address
City
State
Zip
Contact Name and Tille (Customer Contact)
Contact Phone
Contact Fax
2. Maintenance Order Term commences and remains in full force and effect through
The Maintenance Order Term shall commence on the date specified above and cover a period of one (1) year, unless a period other than one (1) year is
expressly specified above. Either party may terminate the Agreement or any Maintenance Order or portions thereof, at any time, with or without cause,
during the Term, upon n otless than thirty (30) days' prior written notice to the other party, provided that Customer shall pay in full a II charges for
Maintenance Services and any other services rendered by Company through the termination date. After the expiration of the initial Maintenance Order
Term, the Maintenance Order Term may be renewed from year-to-year through the execution of a written amendment to the Agreement or this
Maintenance Order providing for such extension, which amendment will set forth the term of renewal and expiration or termination of the Agreement or
Maintenance Order.
3. EquipmentlCPE:
See Addendum "AU
Site Event Buffer (SEB) Please check one:
o Company provided SEB
~ Customer provided SEB
o No SEB required
Additional Conditions:
4. Maintenance Service Rates and Charges: Company will invoice and Customer agrees to pay to Company the Monthly Recurring Charges
identified below per Service Location:
Total Monthly Recurring Charges
Total Annual Recurring Charges
$2,096.00
$25,152.00
Total Monthly and Annual Recurring Charges are subject to change based on the number of ports in service. Invoices will be issued by Company
monthly (monthly, quarterly, annually or semi-annually).
5. Hours of Service; Platinum Service Guarantee:
5.1 Maintenance Service. Company will use commercially reasonable efforts to respond to Major Failures (as hereinafter defined) within two (2)
Business Hours (as hereinafter defined) following notification by Customer Contact and within twenty-four (24) hours (excluding weekends and
Company observed holidays) of notification by Customer Contact for all other failures. Response by Company outside of Business Hours will be
billed at the hourly MAC Rates set forth in Section 6 below. "Business Hours" means the hours of service under the specific Service Plan that
Customer selects below. "Major Failure" means (i) the EquipmenVCPE cannot make or receive any voice or data call: (ii) any of the attendant
consoles cannot make or receive any voice or data calls; (Iii) twenty percent (20%) or more of either the trunks or stations are inoperable; (iv)
any of the T1trunks are inoperable: or (v) any Additional Conditions specified above.
SHARED TECHNOLOGIES CONFIDENTIAL
1
Maintenance Order (rev042905)
5.2 Service Plan (Please select the plan below):
o Basic - (8 hours a day/5 days a week) 8:00 A.M. to 5:00 P.M. Monday through Friday
121 Complete - (8 hours a day/5 days a week) 8:00 A.M. to 5:00 P.M. Monday through Friday, PLUS, FOR MAJOR FAILURES ONLY
5:01 P.M. to 7:59 A.M. Monday through Friday and all day Saturday and Sunday, and Company observed Holidays".
Timeframes are based on local time at Service Location.
'Under the Complete Plan, Company will use commercially reasonable efforts to respond to Customer Contact notifications regarding Major
Failures within the timeframes specified in Section 5.1 above.
5.3 Company observed holidays are:
(i) Company observed holidays in all states except New York and New Jersey are:
New Year's Day Thanksgiving Day
· Memorial Day Day after Thanksgiving
Independence Day Christmas Eve
Labor Day Christmas Day
(ii) Company observed holidays in New Jersey are:
· New Year's Day Election Day
Presidents Day Veterans Day
· Memorial Day Thanksgiving Day
Independence Day Christmas Day
Labor Day
(iii) Company observed holidays in New York are:
. New Year's Day
· Martin Luther King Day
Presidents Day
· Memorial Day
· Independence Day
. Labor Day
Columbus Day
Election Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Day
5.4 Customer Contact shall report any EquipmentlCPE failures to Company immediately by calling the Shared Technologies National Response
Center at 1-800-526-7006. If Customer is a National Account (as determined by Company), Customer shall report any EquipmentlCPE
failures to Company immediately by calling 1-800-267-7283.
5.5 Platinum Service Level Guarantee. If, during any month of the Maintenance Order Term identified in Section 2 of this Maintenance Order,
Customer is dissatisfied with the Maintenance Services ("Platinum Service Level Guarantee"), then Company will credit Customer for the
monthly Maintenance Services charge for such month for the affected Customer Service Location subject to the following terms and
conditions. If this Agreement covers more than one Customer Service Location, Customer is required to specify at which Customer Service
Location Company failed to meet the Platinum Service Level Guarantee and Customerwill receive a credit in an amount equal to the
monthly Maintenance Services charge for that specific Customer Service Location only. Customer may request the Platinum Service Level
Guarantee credit by stating its reasons for its dissatisfaction with the Maintenance Services in writing to Company. The Service Level
Guarantee can be requested a maximum of three (3) times per Contract Year per Maintenance Agreement. The Platinum Service Level
Guarantee is only available for the Maintenance Services provided pursuant to this Agreement.
6. Labor Rates for Moves, Adds and Changes (MAC):
6.1 In the event Customer desires to move, add or change the configuration of Customer's Equipment, Customer agrees to pay to Company
(i) charges for all materials/parts needed to accomplish the work requested, (Ii) labor charges for the work required to complete the requested
move, add, or change, at Company's hourly rate as set forth below, and (Hi) Company's travel charges incurred with the requested move, add,
or change, at Company's hourly rate as set forth below.
6.2 Labor Rates:
(i) For all cities other than identified in this Section 6.2(ii):
Standard Labor Rate Monday-Friday, 8:00 am-5:00 pm
Overtime Labor Rate Monday-Friday, 5:01 pm-7: 59 am, All day Saturday
Overtime Labor Rate Sunday and Company Holidays
$85.00/hr
$127.50Ihr (2 hour minimum)
$170.00Ihr (4 hour minimum)
(ii) For New York and New Jersey:
New York (and its five (5) borouQhs):
Standard Labor Rate Monday-Friday, 8:00 am-3: 30 pm
Overtime Labor Rate Monday-Friday, 3:31 pm-7: 59 am, All day Saturday
Overtime Labor Rate Sunday and Company Holidays
$ 125.00/hr
$187.50lhr (4 hour minimum)
$187.50Ihr (4 hour minimum)
New Jersey:
Standard Labor Rate
Overtime Labor Rate
Overtime Labor Rate
Monday-Friday, 8:00 am-4: 30 pm
Monday-Friday, 4:31 pm-7: 59 am, All day Saturday
Sunday and Company Holidays
SHARED TECHNOLOGIES CONFIDENTIAL
2
Maintenance Order (rev042905)
$95.oolhr
$142.50Ihr (2 hour minimum)
$190.00lhr (4 hour minimum)
6.3 '
are subject to periodic change by Company, unless otherwise specified in the Agreement. Any change in labor rates may
ia invoice insert.
vvill be billed at current list prices at the lime such materials/parts are purchased.
',"s to pay to Company the MAC Charges identified in this Section 6 for any MAC work performed in accordance with the
Jitions set forth in the Agreement.
This Ma;n'P'l:c~L U,cier is subject to all terms and conditions of the Maintenance Agreement, the Master Purchase and Maintenance
Agreem>cY \~aster Sales and Maintenance Agreement in effect as of the date hereof between Company and Customer.
City of Boynton Beec!' Acknowledgement:
(Signature)
Name:
~. APPRO" AS1ff(:,. TO F M:
rDlrit/~
CITY ATTORNEY
Tille:
Date:
Shared Technologies Acceptance:
g~ ~h--i';
Date:
(,-13~O~
SHARED TECHNOLOGIES CONFIDENTIAL
3
MaintenanceOrder (rev042905)
BID BOND
STATE OF FLORIDA )
COUNTY OF PALM BEACH ) ~
KNOW ALL MEN BY THE~ PRESENTS, tba~l1e'<b !-E>CJJ
as Principal, and J A , as Sur
~
ISs;, ~
uthorized to do
business in the State of Florida are held and firmly bound unto the Owner, City of Boynton Beach
in the penal sum of Two Hllnnren Twenty Thousand Dollars
Dollars ($ ?? 0 , 0 0 o. o))lawful money of the United States, for the payment of which sum will
and truly to be made, we bond ourselves, our heirs, executors, administrators, and successors,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has
submitted the accompanying bid, dated
./f?R/L.
,
19, dOaS
,
, for:
"ONE YEAR CONTRACT FOR THE UPGRADE AND MAINTENANCE OF THE
NEAX PHONE SYSTEM FOR THE CITY OF BOYNTON BEACH"
NOW THEREFORE,
A. If the principal shall not withdraw said Bid within ninety (90) days after date of opening
of the same, and shall within ten (10) days after the prescribed forms are presented to
him for signature, enter into a written Contract with the Owner in accordance with the
Bid as accepted, and give bonds with goods and sufficient surety or sureties, as may be
required, for the faithful performance and proper fulfillment of such Contract, then the
above obligations shall be void and of no effect, otherwise to remain in full force and
effect.
B. In the event of the withdrawal of said Bid within the period specified, or the failure to
enter into such Contract and give such bonds within the time specified, if the principal
23
TIDS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
shall pay the Owner the difference between the amount specified in said Bid and the
amount for which the Owner may procure the required work and supplies, if the latter
.
amount be in excess of the former then the above obligations shall be void and of no
effect, otherwise to remain in full force and effect.
IN WITNESS WHEREOF, the above bounded parties have executed this instrument under
their several seals, this -+.2.t.h day of April , 20.D..5-, being hereto affixed and these
presents duly signed by its undersigned representative, pursuant to authority of is governing body.
WITNESS: (If Sole Ownership or Partnership, two (2) Witnesses required).
(If Corporation, Secretary only will attest and affix seal).
PRINCIPAL:
0~(l
:::i:!Ai&D 1<5 . ~~ '
Name of Finn
WITNESS: ~ ~ rJ
(rO ~i/~~
Title
1406 S'o &--u-0 .'~ , \Oa
Business Address
~cL Joy- 1GDI9
City and State )
24
THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
SURETY:
Corporate Surety
WITNESS:
o
Z
Attorney-in-fact
Business Address
City State
Name of Local Insurm
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25
THIS PAGE TOBE SUBMITTED IN ORDER FOR PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
~
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"ONE YEAR CONTRACT FOR THE UPGRADE AND MAINTENANCE OF THE
NEAX PHONE SYSTEM FOR THE CITY OF BOYNTON BEACH"
Please place an (X) on the blank line next to each item if a specification is met. If an exception is
taken ( alternatives), bidder must explain using a separate sheet of paper. Bidder must submit
specifications "check off' sheets with the proposal sheet in order for a bid to be considered.
)(
)(
x'
,
~
-L
X'
A minimum of two (2) NEC Authorized Technicians wi]] be available 24 hours/7 days a
week
The awarded vendor must have an office/parts depot within a 40 mile radius of the City
of Boynton Beach
x
Maintenance shall be provided 24 hours/7 days a week on a]] equipment during the
upgrade period
Bidders must guarantee all prices during the upgrade period.
Proof ofNEC technician's certifications must be submitted with proposal
One original so marked and two (2) copies of Bid Proposal to be submitted
Upgrade prices must cover parts, labor and travel necessary to upgrade the
current equipment
x
)(
5% Bid Bond to be submitted with proposal
References to be submitted along with at least (5) five projects of similar scope of work
4
TInS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
p
dE
b
"d d f th NEe
d . ) d
arts an ;qUlpment to e cons) ere or e upgra e me u e:
NEAX 2400 UPGRADE QTY DESCRIPTION
NEC PART NUMBER
221405 1 NEC IPX MAT
200128 I SP A-24CCT A
200179 I PEER TO PEER IP STARTER
KIT
200194 I PX-PCOO-A (EMA) WITH
CUSTOMIZED
200256 2 PZ-GT25
200263 1 PX-PW02
200266 2 SPZ-16YCTB-C
200287 2 SN 1607 CPRRI-A
200298 2 FLASH-A T A-320M
201212 I PZ-DK222 (KEY)
201238 6 PH-PC36 (MUX)
201316 3 FRONT COYER (IPA)
ASSEM
201317 2 FRONT COYER (IPB)
ASSEM
201332 2 SPH-SWlO TSW-UB
201398 1 FRONT COYER (IPE)
ASSEM
201666 I SR1276 IPX CAU-B
201667 I SRI276 IPX CAU-C
201668 I SRl276 IPX CAU-D
201669 3 SR1276 IPX CAU-E
201674 I SRl276 IPX CAU-F
201676 1 SRI276 IPX CAU-G
201681 1 / IPX 2PORTS CA-A
201692 2 34PH EXCLK CA-B
201731 1 SRl276 IPX CAU-DA
201732 1 IPX EXALM CA-A
201740 2 MT24 TSW CA-90
201741 2 MT24 TSW CA-140
201742 2 MT24 TSW CA-180
201755 2 UTP CTG5 ST CA-AO
202061 1 NEAX2400 IPX
DOCUMENTATION CD
203002 I CHIP KIT SP-3003
(l6COTBD)
203035 1 CHIP KIT SP-301O (24DTR)
203036 2 CHIP KIT SP3029
(24PRTBA)
203040 5 CHIP KIT SP-3124 16ELCH
5
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
,.
L
2
2
2,
2,
2.
T,
7t
7't,
2]
78\
780
780
-
NK
NEe
1500
1500
1501
1501
---,~~-- -~-_.~--------------------'---~-------
t UPGRADE QTY DESCRIPTION
--;UMBER
--~-_. "-,--~ ---..-,----- - ----.------ - ----- --
18 CHIP KIT SW -293 (DLI)
--
1 CHIP KIT SP-863 (CFTB-H)
3 CHIP KIT SP-3251 (16LCBH)
--- CHIP KIT SP-882 (4DATB)
1
1 CHIP KIT SP-3390
( 16LCBW)
1 CD 20-100
CONFIG/GENERlC
1 NEAX2400 4 PIM CONFIG
OPTION
1 NETWORKING
CONFIGURATION OPTION
I IACD-50 AGENT
CONFIGURATION OPTION
I INTERNAL OAI
CONFIGURATION OPT
] INTERNAL ACD
CONFIGURA TION OPTION
J MPX/IMX SOFT UPGRADE
FEE
~~-- ---
J IMGOIPX UPG KIT-C
2 SP-785 16LCBE CHIP KIT
3 CHIP-KIT SW-075 (8RSTK)
I CCWX-ENTERPRISE
A TCOMMANDS
J DESI NAME LABEL FOR
WINDOWS
2 DESI DT (X)-8D-l/IT(X)-8D-
-- 2/3(B
I DESI DT (X)-16D-l/IT (X)-
16D-2/3
-
42 PEER TO PEER STN
CLIENT LICENSE
40 ITR-8D-3 (BX)
10 ITR-16D-3 (BK)
42 AC-2R
---
HIPS QTY DESCRIPTION
i.JUMBER
1 ICS VS PIMMD (UA)
--~-
I 48 PORT BASIC SYSTEM PACKAGE A
1 PN-8COTS
3 PN-8LCAA
6
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
NEAX 2000 IPS QTY DESCRJPTION
NEC PART NUMBER
150122 1 SPN-24CCT A-A (AP)
150223 10 PN-8DLCP
150441 1 KEY KEEPER (FD)
150538 1 NEAX 2000 IPS DOCUMENTATION CD
150609 1 CCIS LINK (1) SOFTWARE KEY
150629 1 LT-64 PORT
151004 1 RS-NORM-4S CABLE-A
151008 1 PWR CABLE-A
151013 1 48-TW-0.7 CONN CABLE
151029 1 MAT CA-T
151231 1 SPN-24PRT A-C
151369 1 19 INCH RACK BRACKET (A)
151371 1 19 INCH RACK BRACKET (B)
151492 1 PZ-M606-A
770429 3 DESI NAME LABEL 16D BUTTON (MG
150479 1 64 PORT SYS SOFTWARE 3400 SERJ
151301 2 INT BATTERY
1 CHANNEL SERVICE UNIT
1 CENTRAL OFFICE LIGHTNING
PROTECTION/ AC SURGE
1 19" RELAY RACK
1 MDF MATERIAL
AIMWORX
NEC PART NUMBER QTY DESCRIPTION
1 NEAXMAIL SPE (2500
223553 MAILBOXES
223560 1 NEAX 2000 SPE (250 PORTS)
223734 1 AIM UPGRADE CORPORATE
223737 I AIM UPG CUSTOMER PROVIDED
SER VER
AD-64 Windows 2000 Server
DESCRIPTION
24 PORT WITH
UNLIMITED MAILBOXES
1650 HOURS OF DISK
STORAGE
MICROSOFT MESSAGING
WITH 4 FAX PORTS
NAVIGATOR
NEC PART NUMBER QTY DESCRIPTION
540501 1 GLOBAL NAVIGATOR
7
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
C
f
urrent Maintenance A~reement includes the ollowin1! parts:
Covered Equipment -,~._-~-~._- --
Product ID Description / Coverage Types / Ports
789334 PROTECTOR 8PN RJITl W/GRD 8 PIN/4 WIRE, W/GRD SY 0
790666 FAN BOX (A) ASSEMBLY SY 0
790667 FILTER SNl135 NFILU-A SY 0
790673 ASSEMBLY EARTH PLATE (A) SY 0
790683 CARD 16 PORT CO TRUNK SY 16
790685 CARD 24DTR T-IINTERFACE SY 24
790688 CARD 24PRTBA ISDN WID CHL SY 24
790703 SPA-4DATB TRUNK CARD REPLACES PRODUCT #65 SY 8
790712 PH-PC 13 (fNT) SY 0
790718 SWITCH TIME DIVISION SPH-SW04TSW-UA SY 0
790719 FRONT COVER (A) ASSEMBLY SY 0
790720 FRONT COVER (B) ASSEMBLY SY 0
790721 SIDE COVER (A) ASSEMBLY SY 0
790722 SIDE COVER (B) ASSEMBLY SY 0
790723 REAR COVER (A) ASSEMBLY SY 0
790724 REAR COVER (B) ASSEMBLY SY 0
790728 CARD 16PT ANAL 48V VM DlS MW OR STUTR DIAL TON SY 16
790733 CABLE IMG CAU-B SRIOI0 SY 0 --
--
790735 CABLE IMG CAU-C SY 0
790745 SRlOI0 IMG CAU-D SY 0
790747 CABLE IMG CAU-DB SRlOlO SYO
790748 SRlOI0 IMG CAU-DD SY 0
790751 lOAL-SP FLT-CA SY 0
790753 CABLE IMG CAU-DC SY 0
790761 CABLE 1/0 68PH 3 PORTS SY 0
790763 2400 IP CAU SY 0
790870 SW ICS BUS COMMAND FD602D 3.51N FLOPPY SY 0
790872 2400 OAI/ACD RL.1l-53 SY 0
791331 CABLE INTERFACE FI ALARM & MUSIC 16PH EXT ALM SY 0
791340 IMG CABLE UNIT F/#2 PIM-A CABLE (DUAL) SY 0
792350 ACES60 25' MOD NTWK CABLE RJ45/RJ45 SHIELDED EO 0
794148 ACES60 UNIV Tl LlU & CSU DROP & INSRT 2 LlU'S EO 0 --
794176 MICROFOX WALL CABINET EO 0
794177 MICROFOX MUXCRD LED FCIFC EO,O
794180 MICROFOX MICROPROCESSOR EO 0
794230 AC50/60 5RU CHASSIS EO 0
794236 AC50/60 -48 PSU/RG 5RU CH 2 FOR REDUNDANCY EO 0
794301 PWR SUPPLY 48VDC TRNSFRMR USU W/658652 S/A Tl EO 0
8
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
794303 MOD70,1 0/16,M 155,486LS EO 0
94317 NEC2400 INTEG PKG MOD70 SW 0
794557 CARD 8 REGISTER/SENDER SP A-8RSTK SY 0
794689 FUSE & ALARM PANEL REMOTE 828A]AF EO 0
794693 DSX-l, REAR CROSS CONNECT 56 CKT., 23" EO 0
794719 TCPIP STACK-CENTIGRAM SW 0
795019 CABLE I/O CA-A 68PH 2PORT FOR ]024 CARD SY 0
795254 PH-PC27 CIRCUIT CARD EO 0
795257 ICS2400 PIM MOD ALL SYSTM PIM MODULE FOR ALL S SY 0
795946 CARD CLOCK SALVE PA-CKOOC SY 0
820347 PWR PRlMARY-APMC-A1APME-A POWER-NEAX2400 ICS I SY 0
820383 POWER SUP REDUNDANT 54A SY 0
820569 DTP-]6D-l(BK) SET D-TERM SERIES E ES 0
820576 DTP-8-1 (BLK) SET DTERM SERIES E ES 0
820578 DTP-8D-] (BLK) SET DTERM SERIES E ES 0
820583 ANALOG PORT ADPTR W/RINGRAPR-U SY 0
820585 AC JADAPTER SY 01
820586 WALL MOUNT UNIT SY 0
820589 SET-DCU-60-1 BLACK ADD-ON ADD-ON MODULEIACA-U ES 0
820995 DUAL Tl LlU/DSX W/CROSCON W/820-DSI2-P2-026 CA EO 0
821862 FUSE CARD EOO
821863 HUB MPU CARD EOO
821864 WALL MOUNT AC/DC TRANSFOR EO 0
821976 ACCES60 5RU CMM W/]O-BASE T ETHERNET FORM6oo0 EO 0
822106 ETHERNET-I 6 CARD-I,IN-SYSTEM CENTIGRAM 6.1 VERSION EO 0
824436 MICROFOX HUB CAGE 48VDC EO 0
831643 2PT SERIAL INTERFACE CARD IN-SYSTEM/EXP ANSION EO 0
840006 T-SERV II CSU TJ EOO
84001 1 ACCESS35 T] CSUIDSU 2PORT AC SNMP 0&1 EO 0
860124 ICS IMGX 6200 SW PKG SY 0
860]86 ICS IMGX 6240-] 536 CON FIG FD SY 0
860551 GLOBAL NAVIGATOR-50 TURNKEY EO 0
860595 2400 SPE LARGE SWO
860605 CENTIGRAM SPE 750 BOXES 750 MAIL BOXES SW 0
860608 AIM CORPORATE MS NT (UP TO 4400 LINES) SW 0
860614 SN7] 6 DESK CON-A ATTENDANT CONSOLE FOR 2000 OR SY 0
8606]5 SPA-CS33 A TI-A ATTENDANT CONSOLE INTERFASE CA SY 2
8606]6 DRU23SE Tl E-SERIES DIGITAL REMOTE UNIT EO 0
860617 SPA-DAIJ-D DIGITAL REMOTE INTERFACE CARD SY 0
860643 ICS BCS SYSTEM PKG-D SY 0
86073] SPA-16LCBJ-B ANALOG LINE CARD 16 PORTS SY 32
861404 LAMARCHE BREAKER PANEL EO 0
861405 LAMARCHE 20 AMP BREAKER EOO
9
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
861406 LAMARCHE 10AMP BREAKER EOO
861407 LAMARCHE BATTERY DISCONNECT PANEL EO 0
861643 GLOBAL HOST SOFTWARE CONVERSION KIT SW 0
861992 FIBER MODEM FOR Tl COMES WITH POWER SUP EO 0
861993 SPA-16ELCJ-B 16 PORT CARD REPLACED 200244 SY 16
864488 UPGRADE FOR AIMW OR X 95 TO VERSION 3.5 SW 0
864489 AIMWORX UPGRADE CD TO NT SW 0
865995 SPA-16ELCJB-B SY 16
Non-Covered Eauipment
730158 CABLE 20' SHLD DBI5F/RJ48 MODULAR NC 0
790743 DOC ICS IMS COMMAND MANL NC 0
790744 DOC IMS SYS DATA DESIGN NC 0
--
791041 DOC 2400 ICS ACD SYS MAN NC 0
792186 ACD REL II CMD 407C 3.51N NCH DISK NC 0
792554 DOC ICS OFC DATA SPEC NC 0
794025 10' V.35F TO DB25M CABLE NC 0
794564 VIDEO 2400 A TTNDT CONSOLE A TTD CONSOLE TRAIN IN NC 0
794675 DS 1 NULL CROSSOVER ADPTR RJ48C FMALE TO RJ48C NC 0
795094 DOC 2400 ICS BUS FEA T/SPC NCO
795095 DOC 2400 ICS CCIS FEAT. AND SPECS NC 0
795096 DOC 2400lCS ISDN FEAT &SPE NC 0
795097 NEAX2400 ICS ACD FEATURE AND SPECS NC 0
795098 DOC 2400 ICS DATA FEA/SPC NCO
795099 DOC 24001CS EPN FEAT &SPEC NC 0
795100 DOC 2400 ICS GEN. DISCRIP NCO
795103 NEAX2400 ICS OAVACD CONF GUIDE NC 0
795286 GUIDE CONFIG IMGX/IMGXH NCO
795287 DOC INSTALL SIM/1CS/IMGXH NCO
795288 DOC 2400 IMGXH MAINTENANC NC 0
795289 DOC 2400 IMGXH SYS OPERS NC 0
795949 GUIDE USER PKG 10 AGENT ACD AGENT GUIDES 24B NC 0
795958 DOC 2400 ICS CKT CARD MAN NC 0
820016 NEC ADV ANT AGE LINE DISCNT MASTEROUOTECALCULA T NC 0
820065 CD VOLl NEC2400 SLS ENGIN DESC/FEA T/CONFIG/PIC NC 0
820069 NEC SPECIAL ADDL DISCOUNT ENTER 1/EACH $ MFG C NC 0
820675 DTERM SER.E USER GUIDE PKG/l 0 NC 0
820676 LP DESIG.CARD 8D(MG) PKG/lOO SHEETS NC 0
830020 VOICEMEMO II USER CARDS NCO
860027 DES I FOR WINDOWS SOFTWARE NC 0
860937 NEAX2400 SN716 CONSOLE USER GUIDE NC 0
861952 LP DESIG CARD 160 (GREEN) 100 LASER SHEETS NC 0
961955 NEAX2400 LP DESIG CARD DSS-OTY.25 LASER SHEETS(GRE NC 0
10
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
BIDDER ACKNOWLEDGEMENT
Submit Bids To: PROCUREMENT SERVICES
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
Telephone: (561) 742-6322
Bid Title: "ONE YEAR CONTRACT FOR THE UPGRADE AND MAINTENANCE OF
THE NEAX PHONE SYSTEM FOR THE CITY OF BOYNTON BEACH"
Bid Number:
025-1 51 0-05/JA
Bid Received By: APRIL 19,2005, NO LATER THAN 2:30 P.M. (LOCAL TIME)
Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and
time is scheduled for: APRIL 19, 2005, no later than 2:30 P.M. Oocal time) and may not be
withdrawn within ninety (90) days after such date and time.
All awards made as a result of this bid shall conform to applicable sections of the charter and
codes of the City.
Name of Vendor: ,C)J.lA12c 0 '/Ecf-IJJOL OGiE$
FederalI.D. Number: 33 - /00 '$0 f?8
A Corporation of the State of: ~~ \Al-'A'-"r'"_
Area Code: <1 ~L{
Area Code: 96t.(
Telephone Number:
,57/--- /60'3
Vendor Mailing Date:
FAX Number: 67/ - oL/'?O
/6.:2S /'Iw JRO 67/Z€€T SUITE' /.;J
,
DEE.eF/ELO 3A&' :rt- 33lf'l;;1..
U'~ ;z.L-/-'?L
/ Authorized Signature
JDlohJ. E ~Jll.Ss'IIH,)b.e"'"j~
Name Typed
Mailing Address:
City/State/Zip:
21
THIS PAGE TO BE SUBMITIED IN ORDER FOR PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
PROPOSAL BLANK
BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA
To All Bidders:
Date: AplllL l.s. LCD~
I
The undersigned declares that he has carefully examined the specifications and is thoroughly
familiar with its provisions and with the quality, type and grade of product/service called for.
When submitting more than one bid proposal price for this product and/or service, indicate how
many indIvidual and/or combination it~m(s) are to be tabulated and considered. Attach a separate
proposal sheet for each.
TOTAL PROJECT COST FOR THE UPGRADE AND MAINTENANCE OF THE NEAX
PHONE SYSTEM TO INCLUDE THE SERVICE AGREEMENT FOR ONE YEAR
ALL PRICES F.O.B. BOYNTON BEACH
$ 5 a 15LAf.)K. POI-
f>-.1.M.t!IV()~ -4!- I
1 Original so marked and two (2) copies of bid submitted
----X- All Manufacturer Warranty Infonnation to be Enclosed
-K Schedule of Subcontractors Submitted
OAAWJ ~~~€5
COMPANY NAME
ie5
Yes/No
t:~o
~
Y~s/No
x
y
X
Specification" Check-off' sheet (Pages 8-12) Submitted
5% Bid Bond Submitted
References Submitted
Cj5'cf - 57 1--/ b 0 -3
TELEPHONE NUMBER
coRe: ~()O fil (2):tJ
PRINTED NAME
k~j01 tkc..1..5f IJ f...
TITLE
22
THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPT ABLE
The City of
Boynton Beach
'.>~:.~~ ~
; {j,,~C{? "1
-' \ .,,' j ::'
, ;"\",-~:-J~><~-
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hOCRremem Services
100 E. Boynton Beach Boulevard
P. o. Box 310
Boynton Beach, Florida 33425-0310
Telephone: (561) 741-6310
FAX: (561) 741-6316
ACKNOWLEDGEMENT OF ADDENDUM #1
FOR
ONE YEAR CONTRACT FOR THE UPGRADE AND
MAINTENANCE OF THE NEAX PHONE SYSTEM FOR THE CITY OF
BOYNTON BEACH
BID#025-1510-05/JA
RESPONDENT/CONTRACTOR MUST SIGN, DATE AND INCLUDE THIS
"ACKNOWLEDGEMENT OF ADDENDUM #1" WITH BID PACKAGE IN ORDER
FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE.
,5'$-"$""" ~"'>>,,<-.C/€< {--TN<'- ~ ;Z~L..~L
NAME OF RESPONDENT/CONTRACTOR ~IGNATURE OF REP SENT A T1VE
,AP(Zl L
DATE
/0, aDOS'
,
~~~E~:~~~~~~E
THIS PAGE TO BE SUBMlTED WITH BID PACKAGE IN ORDER FOR
SUBMIITAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE
Addendum #1
REVISED PROPOSAL BLANK
BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORJDA
To All Bidders:
I ~
Date: f-4.Rru t.. I ~ f LOO:;;:
The undersigned declares that he has carefully examined the specifications and is thoroughly
familiar with its provisions and with the quality, type and grade of product/service called for.
When subrrritting more than one bid proposal price for this product and/or service, indicate how
many individual and/or combination item(s) are to be tabulated and considered. Attach a separate
proposal sheet for each.
TOTAL PROJECT COST FOR THE UPGRADE AND MAINTENANCE OF THE NEAX
PHONE SYSTEM TO INCLUDE THE SERVICE AGREEMENT FOR ONE YEAR
PRICE FOR :FIRST YEAR TO INCLUDE MAINTENANCE, MONITORING
AND PARTS
$ /67,07.;1..00
/
PRICE FOR SECOND YEAR TO INCLUDE MAINTENANCE, MONITORING
AND PARTS
$ 3'i, ;).7;;'. {JO
,
PRICE FOR THE THIRD YEAR TO INCLUDE MAINTENANCE, MONITORING
AND PARTS
$ 3'1, d- 7;? ,/)V
f
TOTAL PRJCE FOR THREE YEARS TO INCLUDE MAINTENANCE,
MONITORING, AND PARTS
$
I> :13.sJ hlb, 00
I
4
THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPT ABLE
ALL.PRICES F.O.B. BOYNTON BEACH
K Original so marked and two (2) copies of bid submitted
--X:::. All Manufacturer Warranty Information to be Enclosed
X Schedule of Subcontractors Submitted
~ Specification" Check-off' sheet (Pages 8-12) Submitted
fit; >
~
K 5% Bid Bond Submitted
~
YesiN~
X References Submitted
tJ.~>
Y es/N 0
KAcknowledgement of Add # 1
1L!i:L.
t~~
Date
~1Z.1u... I~J lac>?
';5 AIM.!~tV()LOb{~S ~L <
.
(Name of Bidder, Corporation, Firm or Individual)
By
Signature
By
0e-t:>1l6E 75arn ILlhf,)
Printed Name
AeeUJAJi -EX-ELuT/i/L
Title
5
THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
9'!''-( - 57/- 1603
Telephone Number
J:. ~ G-
-----------
~
7Y>:J-~ Y)'2.L.VXfl~
Mary Munro
Assistant to the Finance Director
IJA
cc: John McNally -- ITS Manager
Central File
File
6
THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
Frn':OnVla.com Inc To (19545710490)
J 9 04 04/15/05 EST Pg () I -lUllO
The City oj"
Boynton Beach
1"oL'u'~m<'n/ Services
100 E. Boynlorl Beru'h Boltlel'urd
1'. O. Box 3/0
R,)ynlon Reach, Flmida 33425-03 I ()
Teleplwne: (5~/) 741-6310
FAX: (561) 741-63fJ6
ADDENDUM #2
DATE:
April IS, 2005
BlD TITLE:
ONE YEAR CONTRACT FOR THE UPGRADE AND
Mi\.INTENANCE OF THE NEAX PHONE SYSTEM FOR THE
CITY OF BOYNTON BEACH
BID NUMBER:
#025-1510-05/JA
The following changes, additions, deletions, and/or infonnation are hereby made a part of
the Bid for the
"ONE YEAR CONTRACT FOR THE UPGRADE AND
MAINTENANCE OF THE NEAX PHONE SYSTEM FOR
THE CITY OF BOYNTON BEACH"
NE\VIREVISED DOCUMENTS WITHIN ADDE.l'.lDUM #2
PLEASE REPLACE THE CERTIFICATE AS TO CORPORATE
PRINCIPAL
PAGE 26: (FORM BIB 5) IS TO BE REPLACED WITH THE NEW
"CERTIFICATE OF CORPORATE PRINCIPAL" AS ATTACHED
THIS PAGE IS TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE
CONSIDERED COMPLETE AND ACCEPT ABLE
APR 15 2005 19:41
Fax
PAGE. Ell
CERTIFICA TE AS TO CORPORATE PRINCIPAL
I, KRT.T.F.YF. M, rHfTRR
, certify that I am the Secretary of the Corporation named
as Principal in the within bond; that DF.NNTS MAfTNDRR
who signed the said Bid Bond
on behalf of the Principal, was then
CFO
of said Corporation; that I know has
signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and
/
/
a~terted Jor a
(/,/ / //
! ,.
(corporate seal)
T ( x<tS
STATEOFTI.D~ )
1)q f1qS
COUNTY OF :f J\LM lUL-\.CH )
Before me, a Notary Public duly. commissioned, qualified and acting, personally appeared
D~lIl\iS M. m ctIAI1J..( to me well known, who being by me first duly sworn upon oath, says
that he is the Attorney-in-Fact, for the ( i!.Of 4. + ,0 ^ and that he has been
authorized by )' hurt.. ~ T ~~ 1-.0\<> \ 0 t (J <:.. to execute the foregoing bond on behalf of the
Contractor named therein in favor for th Owner, the City of Boynton Beach.
'i~ A<J&-
:e
,UMSUITER
My CommIUion Exp/fei
March 1, 2008
.
.
~ --
SHARED TECHNOLOGIES
COMPANY NAME
/'/ .///(~
(,_~,. J/~~ .
'-/ " -'--- 7L--
/ .
/
INC. /
SIGNATURE
~ C. rt1 ev:b, ~ 6.~Lo e-
P NAME
G~,~ l Covr 0-"5e )
TITLE
(h 3D) <'7 IS) --Ppj5
TELEPHONE NUMBER
26
THIS PAGE TO BE SUBMI'ITED IN ORDER FOR PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
Fm:OnVla.eom Ine To: (19545710490)
IY:U4 04/1)/U) .t.::il l'g Ui-IUUt)
,
,
Company Name
Signature
Date
~d< YJ?~
Mary Munro, Assistant to the Finance Director
/ja
John McNally - I.T.S. Manager
Central File
File
THIS PAGE IS TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE
CONSIDERED COMPLETE AND ACCEPTABLE
FPR 15 2005 19:41
Fax
..
-=
PAGE. 02
Fm.OnVlaeom Ine To (19545710490)
190:; Ot1j' "/(:5 E::;T c'g 0:'-'
CERTTFJCA TE i\S TO CORPORATE PRTNCTPA L
I,
, ceItify that I am U1e Secretary of the Corporation
named as Principal in the within bond; that
who signed the
said Bid Bond on behalf of the Principal, was then
of said
Corporation; that I know has signature, and his signature hereto is genuine; and that said
bond was duly signed, sealed, and attested tor and in behalf of said Corporation by authority
of its governing body.
5ecretalY
( corporate
seal)
5T ATE OF FLORIDA
)
COUNTY OF PALM BEACH
)
Bdore me, a Notary Public duly cOll1missiollt:d, qualitit:d and acting, personally appt:an:d
to me well known, who being by me first duly sworn upon oath, says tbat he is
thl: :\ttomey-in-Fact, tor the
and that he ha:.; bt:t:1l aut11Ori7t:u by
to execute the loregoing bond on behalf or the Cuntractor named
therein in favor fOl the Owner, the City of Boynton Beach
BIBS
THIS PAGE IS TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE
CONSIDERED COMPLETE AND ACCEPT ABLE
APR 15 2005 19:42
Fax
PAGE. 03
NONCOLLUSION AFFIDAVIT OF PRIME BIDDER
State of f..1 e uJ Y.o... \0;
)
County of ~l~ s. SA \J
)
~o tot \oJ W ~Ss.~t.:) b Co "":1 h J It _ , being first duly sworn, deposes and says that:
1) He is E.)(ec",hve.. V. P. of SIr,A~~d le.c..'-' UD IO~1 e..5 k,
(Title) (Name of Corporation or Firm
the bidder that has submitted the attached bid:
2) He is fully informed respecting the preparation and contents of the attached bid and of all
pertinent circumstances respecting such bid;
3) Said bid is genuine and is not a collusive or sham bid;
4) Further, the said bid4er nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affiant, has in any way colluded, conspired,
connived or agreed, directly or indirectly with any other bidder, firm or person to submit a
collusive or sham bid in connection with the Contract for which the attached bid has been
submitted or to refrain from bidding in connection with such Contract, or has in any manner,
directly or indirectly, sought by agreement or collusion or communications or conference
with any other bidder, fmn or person to fix the price or prices in the attached bid or of any
other bidder, or to fIx any overhead, profIt or cost element of the bid price or the bid price of
any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful
agreement any advantage against thee "~'i "of aDYU\-Oto;) ~~...,..h (Local Public
Agency) or any person interested in the proposed Contract; and
5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of
its agents, representatives, owners, employees, or parties in interest, including this affiant.
(Signed) ~ .r ~ L-.., / ~
(Title) ,- hue ~= R...::-e
Subscribed and sworn to before me
This '7 ~ day of , 200 \
My commission expires 'Pt>: 'P J
II'tRAPlATT'~ 27
. \~~~~A TJIIS PAGE TO BE SUBMlll.lill IN ORDER FOR PACKAGE
...... III..... CMIr :2o/~:ro BE CONSIDERED COMPLETE AND ACCEPTABLE .
ANTI-KICKBACK AFFIDAVIT
N l.:5<A.) f:J rJ* t<-
STATE OF FLORIDA )
tV litSs ~ : SS
COUNTY OF Pl\LM DEACH )
I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will
be paid to any employees of the Cio/ of Boynton Beach as a commission, kickback, reward of
gift, directly or indirectly by me or any member of my firm or by an officer of the corporation.
By: ~.;zJ.._L-~1 fh"
/NAME - SIGNATURE
Sworn and subscribed before me
this '1 ~ day of ~
r
,20 0 \
Printed Information:
JOM~ J:=. ll~ D..ou:e", be~j~ J~.
NAME
E~ec.u +.vP VIr.1!!!'!. PV"~o;.,J....u-l
TITLE
~ f2fj;tr
NOTARY PUBLIC, State ofFlerida att.l<-
at Large jVt.,..rkJ 'j
ShA\<"ed ~c l-40tl \~3 \e.5 ~
COMPANY
MYRA PLATT
Notary Public. State of New York q /. . / r
No. 02PL49094761Comm. Exp. 'I ').1'/ ~
Qualified in Nassau County
"OFFICIAL NOTARY SEAL" STAMP
28
mls PAGE TO BE SUBMITTED ALONG Wlm PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
CONFIRMATION OF MINORITY OWNED BUSINESS
A requested form to be made a part of our files for future use and information. Please fill out and
indicate in the appropriate spaces provided which category best describes your company. Return
this form with your bid proposal sheet making it an official part of your bid response.
( ) AMERICAN INDIAN
( ) ASIAN
( ) BLACK
( ) HISPANIC
( ) WOMEN
,
J
)>Y OTHER jJ A-
Ala Jv1 flU/HZ I T't !)tdrJiCO is USi tJ~ >5 ~A(JS.
(specify)
Do you possess a Certification qualifying your business as a "Minority Owned Business"?
YES
NO
iliA-
If YES, name the Organization from which this certification was obtained and date:
Issuing Organization for Certification
,J)tr
Date of Certifiation
29
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
CONFIRMA TION OF DRUG-FREE WORKPLACE
BO"T'l."
su
we\r":,
shall be given to businesses with dmg-free workplace programs. Whenever two or
\vhich are equal with respect to price, quality, and service are received by the City of
';each or by any political subdivision for the procurement of commodities or contractual
bid received from a business that certifies that it has implemented a dmg-free
program shall be given preference in the award process. Established procedures for
tie bids will be followed if none of the tied vendors have a dmg-free workplace
order to have a dmg-free workplace program, a business shall:
Pr,.
Dl"....
pro,.....
prog
I) Pic:' a statement notifying employees that the unlawful manufacture, distribution,
di.e';ng, possession, or use of a controlled substance is prohibited in the workplace and
speCifying the actions that will be taken against employees for violations of such prohibition.
2) Info':: employees about the dangers of dmg abuse in the workplace, the business's policy of
ma,..'ming a dmg-free workplace, any available dmg counseling, rehabilitation, and
empiuyee assistance programs, and the penalties that may be imposed upon employees for
dmg ',>llSe violations.
3) Give '.tcn employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection (1).
4) In the statement specified in subsection (I), notify the employee that, as a condition of
working on the commodities or contractual services that are under bid, the employee will
abide the tenns of the statement and will notify the employer of any conviction of, or plea
of F' or nolo contendere to, any violation of Chapter 893 or of any controlled substance
law,. he United States or any state, for a violation occurring in the workplace no later than
five (' days after such conviction.
5) Impo'" a sanction on, or require the satisfactory participation in a dmg abuse assistance or
rehabihation program if such is available in the employee's community by, any employee
who is so convicted.
6) Make a good faith effort to continue to maintain a dmg-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with
the above requirements.
~1 .4/7A~,4eP
Vendor's Signature
30
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
CONFIRMATION OF SHARED TECHNOLOGIES INC.
IN LIEU OF STANDARD FORM OF
CONFIRMATION OF DRUG-FREE WORKPLACE
Vendor does not maintain any programs required by City of Boynton
Beach under the Request for Proposal (RFP) issued by the City of Boynton
Beach relative to the Drug-Free Workplace section in the RFP. However,
Vendor currently has in place and maintains a drug- free workplace policy,
which prohibits the distribution, dispensing, possession or use of a
controlled substance in the workplace. This policy and the ramifications of
non-compliance are explained to Vendor's employees. Vendor also has in
place an Employee Assistance Program (EAP) for counseling as well
as health coverage for Behavior Disorders for rehabilitation. Vendor does
not have an on-going drug free awareness program, notification statements
to all employees as indicated, or a process that would notify a government
agency of the conviction of any employee for criminal drug violations.
~p~
Vendor's Signature
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STATEMENT OFNO BID
If you are not bidding this service/commodity, please complete and return this form to:
PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, P.O.
Box 310, Boynton Beach, Florida 33425-0310.
Failure to respond may result in deletion of vendor's name from the qualified bidder's list
for the City of Boynton Beach.
fJ (A:-
COMP ANY NAME:
ADDRESS:
TELEPHONE:
SIGNA TURE:
DATE:
WE, the undersigned have declined to bid on your Bid #025-1510-05/JA for "ONE YEAR
CONTRACT FOR THE UPGRADE AND MAINTENANCE OF THE NEAX PHONE
SYSTEM FOR THE CITY OF BOYNTON BEACH"
because of the following reasons:
Specifications too "tight", I.e., geared toward brand or manufacturer only
( explain below)
Insufficient time to respond to the Invitation to Bid
We do not offer this product or an equivalent
Our product schedule would not permit us to perform
Unable to meet specifications
Unable to meet bond requirements
Specifications unclear (explain below)
Other (specifY below)
REMARKS:
IF YOU ARE NOT SUBMIITING A BID, PLEASE COMPLETE FORM
AND RETURN TO PROCUREMENT SERVICES
~4".;",
SHAREO
(~"CHnOLOGIES
TM
MAINTENANCE ORDER
1. (a) Customer Premises (each a Service Location):
RECEIVED
JUN 1 6 2005
City of Boynton Beach
100 East Boynton Beach Blvd.
P.O. Box 310
Boynton Beach,
Florida, 33425-0310
PROCUREMENT SERVICe,:;;
C(r
Contact Person: John McNally I T Manager 561-742-6070
(b). Customer Billing Address (if different from above):
City
State
Zip
Street Address
Contact Name and Tille (Customer Contact)
Contact Phone
Contact Fax
2. Maintenance Order Term commences and remains in full force and effect through
The Maintenance Order Term shall commence on the date specified above and cover a period of one (1) year, unless a period other than one (1) year is
expressly specified above. Either party may terminate the Agreement or any Maintenance Order or portions thereof, at any time, with or without cause,
during the Term, upon not less than thirty (30) days' prior written notice to the other party, provided that Customer s hall pay in full a II charges for
Maintenance Services and any other services rendered by Company through the termination date. After the expiration of the initial Maintenance Order
Term, the Maintenance Order Term may be renewed from year-ta-year through the execution of a written amendment to the Agreement or this
Maintenance Order providing for such extension, which amendment will set forth the term of renewal and expiration or termination of the Agreement or
Maintenance Order.
3. EquipmentlCPE:
See Addendum "A"
Site Event Buffer (SEB) Please check one:
o Company provided SEB
lXI Customer provided SEB
o No SEB required
Additional Conditions:
4. Maintenance Service Rates and Charges: Company will invoice and Customer agrees to pay to Company the Monthly Recurring Charges
identified below per Service Location:
Total Monthly Recurring Charges
Total Annual Recurring Charges
$2,096.00
$25,152.00
Total Monthly and Annual Recurring Charges are subject to change based on the number of ports in service. Invoices will be issued by Company
monthly (monthly, quarterly, annually or semi-annually).
5. Hours of Service; Platinum Service Guarantee:
5.1 Maintenance Service. Company will use commercially reasonable efforts to respond to Major Failures (as hereinafter defined) within two (2)
Business Hours (as hereinafter defined) following notification by Customer Contact and within twenty-four"(24) hours (exduding weekends and
Company observed holidays) of notification by Customer Contact for all other failures. Response by Company outside of Business Hours will be
billed at the hourly MAC Rates set forth in Section 6 below. "Business Hours" means the hours of service under the specific Service Plan that
Customer selects below. "Major Failure" means (i) the EquipmenVCPE cannot make or receive any voice or data call; (ii) any of the allendant
consoles cannot make or receive any voice or data calls; (Hi) twenty percent (20%) or more of either the trunks or stations are inoperable; (iv)
any of the T1 trunks are inoperable; or (v) any Additional Conditions specified above.
SHARED TECHNOLOGIES CONFIDENTIAL
1
Maintenance Order (rev042905)
5.2 Service Plan (Please select the plan below):
o Basic - (8 hours a day/5 days a week) 8:00 A.M. to 5:00 P.M. Monday through Friday
~ Complete - (8 hours a day/5 days a week) 8:00 A.M. to 5:00 P.M. Monday through Friday, PLUS, FOR MAJOR FAILURES ONLY
5:01 P.M. to 7:59 A.M. Monday through Friday and all day Saturday and Sunday, and Company observed Holidays'.
Timeframes are based on local time at Service Location.
'Under the Complete Plan, Company will use commercially reasonable efforts to respond to Customer Contact notifications regarding Major
Failures within the timeframes specified in Section 5.1 above.
5.3 Company observed holidays are:
(i) Company observed holidays in all states except New York and New Jersey are:
· New Year's Day Thanksgiving Day
· Memorial Day Day after Thanksgiving
· Independence Day Christmas Eve
Labor Day Christmas Day
(ii) Company observed holidays in New Jersey are:
· New Year's Day Election Day
Presidents Day Veterans Day
· Memorial Day Thanksgiving Day
Independence Day Christmas Day
· Labor Day
(iii) Company observed holidays in New York are:
New Year's Day
· Martin Luther King Day
Presidents Day
· Memorial Day
Independence Day
. Labor Day
Columbus Day
Election Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Day
5.4 Customer Contact shall report any Equipmenl/CPE failures to Company immediately by calling the Shared Technologies National Response
Center at 1-800-526-7006. If Customer is a National Account (as determined by Company), Customer shall report any Equipmenl/CPE
failures to Company immediately by calling 1-800-267-7283.
5.5 Platinum Service Level Guarantee. If, during any month of the Maintenance Order Term identified in Section 2 of this Maintenance Order,
Customer is dissatisfied with the Maintenance Services ("Platinum Service Level Guarantee"), then Company will credit Customer for the
monthly Maintenance Services charge for such month for the affected Customer Service Location subject to the following terms and
conditions. If this Agreement covers more than one Customer Service Location, Customer is required to specify at which Customer Service
Location Company failed to meett he Platinum Service Level Guarantee a nd Customer will receive a credit in a n a mount e qualt 0 the
monthly Maintenance Services charge for that specific Customer Service Location only. Customer may request the Platinum Service Level
Guarantee credit by stating its reasons for its dissatisfaction with the Maintenance Services in writing to Company. The Service Level
Guarantee can be requested a maximum of three (3) times per Contract Year per Maintenance Agreement. The Platinum Service Level
Guarantee is only available for the Maintenance Services provided pursuant to this Agreement.
6. Labor Rates for Moves, Adds and Changes (MAC):
6.1 In the event Customer desires to move, add or change the configuration of Customer's Equipment, Customer agrees to pay to Company
(i) charges for all materials/parts needed to accomplish the work requested, (Ii) labor charges for the work required to complete the requested
move, add, or change, at Company's hourly rate as set forth below, and (iii) Company's travel charges incurred with the requested move, add,
or change, at Company's hourly rate as set forth below.
6.2 Labor Rates:
(i) For all cities other than identified in this Section 6.2(ii):
Standard Labor Rate Monday-Friday, 8:00 am-5:00 pm
Overtime Labor Rate Monday-Friday, 5:01 pm-7: 59 am, All day Saturday
Overtime Labor Rate Sunday and Company Holidays
$85.00/hr
$127.50/hr (2 hour minimum)
$170.00/hr (4 hour minimum)
(ii) For New York and New Jersey:
New York (and its five (5) borouahs):
Standard Labor Rate Monday-Friday, 8:00 am-3: 30 pm
Overtime Labor Rate Monday-Friday, 3:31 pm-7: 59 am, All day Saturday
Overtime Labor Rate Sunday and Company Holidays
$125.00/hr
$187.50/hr (4 hour minimum)
$187.50/hr (4 hour minimum)
New Jersey:
Standard Labor Rate
Overtime Labor Rate
Overtime Labor Rate
Monday-Friday, 8:00 am-4: 30 pm
Monday-Friday, 4:31 pm-7: 59 am, All day Saturday
Sunday and Company Holidays
SHARED TECHNOLOGIES CONFIDENnAL
2
Maintenance Order (rev042905)
$95.00/hr
$142.50/hr (2 hour minimum)
$190.00/hr (4 hour minimum)
6.3 *L~ib"r R~~tec are subject to periodic change by Company, unless otherwise specified in the Agreement. Any change in labor rates may
invoice insert.
Nill be billed at current list prices at the time such materials/parts are purchased.
C/ '" F 85 to pay to Company the MAC Charges identified in this Section 6 for any MAC work performed in accordance with the
h':r",'jitions set forth in the Agreement.
This MaintenanGf' Order is subject to all terms and conditions of the Maintenance Agreement, the Master Purchase and Maintenance
Agreement and/or me Master Sales and Maintenance Agreement in effect as of the date hereof between Company and Customer.
City of Boynton Beach Acknowledgement:
(Signature)
Name:
Tille:
Shared Technologies Acceptance:
Date:
;?;~/&k~
Date:
(, / /3/0S
I I
SHARED TECHNOLOGIES CONFIDENTIAL
3
MaintenanceOrder (rev042905)
Maintenance Agreement
This Maintenance Agreement for Company Services (as defined below) ("Agreemenf'), is made by and between Shared Technologies Inc.,
("Company") and City of Boyrton Beach ("Customer"), with offices located at 100 East Boyrton Beach Blvd.( P.O. Box 310) Boyrton Beach. Florida,
3342!Hl310. Customer may request and Company or its providing affiliate may install and maintain certain pre-purchased telecommunications equipment at
Customer locations within the continental United States as described in the applicable Maintenance Order, PO, and/or other forms supplied by Company
which are s ubmilled by Customer and subsequently accepted by Company ( collectively a nd individually, the "Company Services"). This Agreement is
binding after execution by both parties. Acceptance of this Agreement by Company is subject to Customer meeting Company's credit terms and conditions,
which may be based on commercially available credit reviews and to which Customer hereby consents.
This Agreement shall be of no force and effect unless this Agreement is executed by Customer and delivered to Company on or before
1. Definitions.
1.1 "Maintenance Services" means the Company's service offering defined in Section 8 below.
1.2 "Maintenance Order" means an order for Maintenance Services made during the Term of this Agreement, made on the forms supplied
by Company, submilled by Customer and subsequently accepted by Company. Such Maintenance Order shall specify the
commencement date for such Maintenance Services, installation and maintenance location, port count, and the monthly recurring
charges for such Maintenance Services.
1.3 "Purchase Order" or "PO" means Customer's standard purchase order(s) u sed to order Company Services contemplated herein.
The terms and conditions of this Agreement, including any allachments, will supercede all terms and conditions, other than price (as
determined solely by Company), type and quantity of equipment and maintenance schedule, set forth in the Customer's PO regardless
of the date indicated on the PO. All orders placed by the Customer and all Company Services provided by Company will be subject to (i)
acceptance by Company, and (ii) the terms and conditions of this Agreement. In the event of any inconsistency between the terms in
the PO and this Agreement relating to price of equipment, type and quantity of equipment, delivery schedule and delivery instructions,
the terms in this Agreement shall control.
1.4 "Equipment" means the pre-purchased CPE, cables, connectors, and/or software described in the applicable Maintenance Order
and/or PO submilled by Customer and subsequently accepted by Company.
1.5 "Premises" means the Equipment installation and maintenance location as identified in the applicable Maintenance Order and/or PO.
1.6 "Customer Change Authorization" or "CCA" means an order, made on forms supplied by Company, submilled by Customer and
subsequently accepted by Company, modifying an existing Maintenance Order or an order for additional services provided by Company
to Customer.
2. Term. The term of this Agreement shall commence on the date it is fully executed by Company and shall remain in full force and effect
through the expiration of any applicable Maintenance Order and/or PO submilled by Customer and subsequently accepted by Company. The
term of each Maintenance Order (each a "Maintenance Order Term") shall commence on the date specified therein and cover a period of one
(1) year (each a "Contract Year"), unless a period other than one (1) year is expressly specified in the applicable Maintenance Order. After the
expiration of the initial Maintenance Order Term, the Maintenance Order Term may be renewed from year-to-year through the execution of a
wrillen amendment to t his Agreement providing for such extension, which amendment wills et forth the term 0 f renewal and expiration 0 r
termination of the Agreement or Maintenance Order Term. The rate for each Contract Year may be increased by no more than five percent
(5%) than the previous year, or any other rate specified by Company in writing or by invoice insert.
3. InvoicinQ and CharQes.
3.1 Company shall submit i nvoice(s) to Customer for a II charges due under t his A greement, including without limitation any installation,
shipping, upgrading, and restocking charges. Invoices will be issued by Company monthly (monthly, quarterly, annually or semi-
annually).
Invoices will be issued in accordance with the applicable Maintenance Order. Customer will pay the amount invoiced upon receipt of
invoice. Customer may not withhold payment of any amount invoiced based on abatement, reduction, set-off, defense, counterdaim or
recoupment in connection with any past, present or future claim Customer may allege against Company for charges not covered under
this Agreement or against the manufacturer of any equipment or any other third party. In the event Company does not receive full
payment within thirty (30) days of the invoice date, Company, in its sole discretion, may assess an additional charge against Customer
in the amount of one and one-half percent (1Yz%) per month or the maximum rate allowed under applicable law, whichever is less, on
any unpaid amounts. Amounts paid in advance or in excess of the amount invoiced will be applied to outstanding or future invoices;
provided, however, that if this Agreement expires or is earlier terminated and there are no outstanding amounts owed or invoiced, any
unused portion of the advance or excess payment(s) will be refunded to Customer.
3.2. All charges are exclusive of federal, state and local sales, use, excise, utility and gross receipts taxes, other similar tax-like charges, and
tax-related surcharges, which Customer agrees to pay. Taxes based on Company's net income shall be the sole responsibility of
Company. I n the e ventt hat Customer provides Company with a duly authorized exemption certificate, Company agrees to exempt
Customer in accordance with law, effective on the date the exemption certificate is received by Company.
3.3 Failure to remit payment when due may result, upon CUstomer notification, in interruption or cancellation of Company Services under this
Agreement. Customer shall be liable for the payment of all fees and expenses, induding attorney's fees, reasonabty incurred in coIlecling, or
attempting to collect, any charges owed hereunder. Company may refuse to ship any equipment, provide Maintenance Services 0 r fulfill a
Customer Sales Order, Maintenance Order and/or PO for Equipment if (i) Customer provides false information to Company regarding Customer's
identity, credihYorthiness, or its planned use of the equipment, (ii) any outstanding balance due for equipment purchased under this Agreement, or
(iii) Company no longer offers the Equipment or provides Maintenance Services on the CPE or other equipment on a commercial basis.
4. Confidential Information. To the extent permitted by law, and subject to the Florida Public Records Law, Section 119.07, Florida Statutes,
commencing upon CUstomer's execution of this Agreement and continuing for a period of three (3) years from the termination of this Agreement, each
party shall protect as confidential, and shaD not disdose to any third party, any Confidenliallnformation received from the disdosing party or otherwise
discovered by the receiving party during the Term, inducting, but not limited to, the pricing and terms of this Agreement, and any information relating to
SHARED TECHNOLOGIES CONFIDENTIAL
1
MaintenanceAgmt.02l18/05
the disclo.sing party'~ technology, business affairs, and marketing or sales plans (collectively the "Confidential Information"). The parties shall use
Confidential Information only for the purpose of this Agreement. The foregoing restrictions on use and disdosure of Confidential Information do not
apply to in~ormati?n thaI: (a) is in the possession of the receiving party at the time of its disdosure and is not otherwise subjeclto obligations of
confidentiality; (b) IS or becomes publicly known, through no wrongful act or omission of the receiving party; (c) is received without restriction from a third
party free to disdose it without obligation to the disclosing party; (d) is developed independently by the receiving party without reference to the
Confidential Information, or (e) is required to be disdosed by law, regulation, or court or govemmental order.
5. Limitation of Liability and limited Warranty.
5.1. Neither party will be deemed to be negligent, at fault or liable in any respect for any delay or failure in performance resulting from acts of
God, war, accidents, labor disputes, strikes, power interruptions or outages or any other cause beyond the reasonable control of the
party delayed; provided, however, that such acts or events shall not relieve Customer of its obligation to make payments for invoiced
amounts. In no event shall Company be obliged to provide credits for service interruptions to Customer's network telecommunication
services.
5.2. Limited Warranty:
5.2.1 During the term of this Agreement, Company warrants that the Equipment will have been installed and maintained in a good and
workmanlike manner subject to the limitations set forth in Section 5.2.2 below.
5.2.2 The limited warranty described herein does not include efforts to remedy, repair or replace as a result of: (i) accident or neglect;
(ii) problems relating to or residing in other hardware, software or services with which the Equipment is used; (Hi) use of the Equipment
in an environment, in a manner or for a purpose for which it was not designed; (iv) problems relating to or residing in the power supply or
other circuitry, except as provided by Company; and (v) installation, modification, alteration or repair of the Equipment or Software by
anyone other than Company or the manufacturer.
5.3. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED,
AS TO THE EQUIPMENT, MAINTENANCE SERVICE, ANY OTHER EQUIPMENT OR RELATED PRODUCT, SOFTWARE OR
DOCUMENTATION. COMPANY SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT
LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE OR NON-
INFRINGEMENT OF THIRD PARTY RIGHTS. COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM OR
RELATED TO ALLEGED VIOLATIONS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
5.4. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, TREBLE, SPECIAL.
INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF USE OR LOST BUSINESS, REVENUE,
PROFITS, OR GOODWILL, ARISING IN CONNECTION WITH THIS AGREEMENT, EQUIPMENT, RELATED PRODUCTS,
DOCUMENTATION AND/OR THE INTENDED USE THEREOF, UNDER ANY THEORY OF TORT, CONTRACT, INDEMNITY,
WARRANTY OR STRICT LIABILITY, EVEN IF THE PARTY HAS BEEN ADVISED,KNEWORSHOULDHAVEKNOWNOFTHE
POSSIBILITY OF SUCH DAMAGES.
5.5. WITHOUT LIMITATION OF THE PROVISIONS OF SECTION 5.4 ABOVE, THE TOTAL LIABILITY OF COMPANY, TO CUSTOMER IN
CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE LESSER OF (A) DIRECT DAMAGES PROVEN BY CUSTOMER OR
(B) THE TOTAL AMOUNTS PAID BY CUSTOMER TO COMPANY FOR THE SPECIFIC PRODUCT OR SERVICE FORMING THE BASIS OF
THE CLAIM OR CAUSE OF ACTION FOR THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM OR
CAUSE OF ACTION AROSE. COMPANY SHALL NOT BE LIABLE FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY
CUSTOMER'S USE OF REASONABLE DILIGENCE. THE FOREGOING LIMITATION APPLIES TO ALL CAUSES OF ACTIONS AND
CLAIMS, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, INDEMNITY, STRICT
LIABILITY, MISREPRESENTATION AND OTHER TORTS. CUSTOMER ACKNOWLEDGES AND ACCEPTS THE REASONABLENESS OF
THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY. HOWEVER, NOTHING IN THIS SECTION 5.5 SHALL LIMIT
COMPANY'S LIABILITY: (A) IN TORT FOR ITS WILLFUL OR INTENTIONAL MISCONDUCT, OR (B) FOR BODILY INJURY OR DEATH
PROXIMATELY CAUSED BY COMPANY'S NEGLIGENCE, OR (C) LOSS OR DAMAGE TO REAL PROPERTY OR TANGIBLE PERSONAL
PROPERTY PROXIMATELY CAUSED BY COMPANY'S NEGLIGENCE.
6. Termination.
6.1 Either party may terminate this Agreement for Cause. "Cause" shall mean a breach by the other party of any material provision of this
Agreement, provided that written notice of the breach has been given to the breaching party, and the breach has not been cured within
thirty (30) days after delivery of such notice.
6.2 Either party may terminate this Agreement or any Maintenance Order or portions thereof, at any time, without cause, during the Term, upon not
less than thirty (30) days' prior written notice to the other party, provided that Customer shall pay in full all charges for Maintenance Services and
any other services rendered by Company through theterminalion date.
7. Indemnification.
To the extent permitted by law, Customer and Company agree to defend at their expense, indemnify, and hold harmless each other from and
against any third party claims, suits, damages and expenses asserted against or incurred by such party ("Indemnitee") arising out of or
relating to bodily injury to or death of any person or loss of or damage to real or tangible personal property or the environment to the extent
that such third party claim, suit, damage, or expense was proximately caused by any negligent act or omission on the pari of the party from
whom indemnity is sought, its agents or employees ("Indemnifying Party"). Notwithstanding any other provision of this Agreement, the
Indemnifying Party shall pay all damages, settlements, expenses a nd costs, including costs of investigation, court costs and reasonable
attomeys' fees and costs (including allocable costs of in-house counsel) incurred by the Indemnitee as set forth in this Section 7, including,
without limitation, reasonable attomeys' fees and costs (including allocable costs of in-house counsel) incurred in enforcing this Section 7.
8. Company Responsibilities.
8.1 Company shall maintain the items of CPE purchased independently by Customer, as set forth in the applicable Maintenance Order
and/or PO. Customer hereby grants Company the exclusive right to maintain such Equipment during the term of this Agreement.
8.2 Company shall provide, on a commercially reasonable basis, maintenance service, as more fully described in Section 8.3 ("Maintenance
Service"), on the Equipment. In performing its maintenance obligation, Company may, in its discretion, seek and obtain the assistance
of contractors or the vendors or manufacturers of the Equipment maintained hereunder.
8.3 Maintenance Service, as defined herein, includes the following:
8.3.1 Use commercially reasonable efforts to isolate any problems with the Equipment and to restore service within the hours set forth in
the applicable Maintenance Order and/or PO following receipt of Customer's notification or Company being made aware that the
Equipment is inoperative.
8.3.2 Investigate trouble reports initiated by Customer and repair or replace, at Company's sole discretion, any of the Equipment that
fails to meet the manufacturer's published operating specifications for the Equipment during the term of this Agreement.
8.4 Maintenance Service shall not include or apply to the following:
SHARED TECHNOLOGIES CONFIDENTIAL
2
MaintenanceAgmt.02/18/05
8.4.1 Electrical work extemalto the Equipment or otherwise considered "in-house wiring".
8.4.2 Repair or replacement of failed equipment caused by factors outside of the Equipment, such as fire, accident, misuse, vandalism,
water, lightning, or failure of Customer's Installation Site to conform to manufacturer specifications.
8.4.3 Use of the Equipment for other than the intended purpose.
8.4.4 Repair of damage caused by the maintenance or repairs performed by a person other than a Company employee or person
authorized by Company.
8.4.5 Supplies, accessories, painting, or refurbishing of the Equipment.
8.4.6 Relocation, additions, or removal of Equipment, parts, or features not furnished by Company or use of the Equipment with other
equipment that fails to conform to manufacturer specifications.
8.4.7 Power or back-up power to or from the Equipment, unless otherwise agreed by the parties in the applicable Maintenance Order.
8.4.8 Any network "telco" issues.
8.4.9Repair or damage caused by problems relating to or residing in the power supply or other circuitry.
In the event Customer requests Company to perform anyone or more of the activities identified in this Section 8.4 and Company agrees
to do so, which will be reflected in a CCA or Maintenance Order, signed by both parties, Customer will pay Company the hourly labor
MAC Rates set forth in the applicable Maintenance Order or CCA plus any additional charges for parts/materials and travel charges.
8.5 Company provided Site Event Buffer (SEB). Customer may purchase from Shared Technologies, at the price identified in the applicable
Sales Order, a new SEB device for use in monitoring of the Customer's telecommunications system related alarms. In the altemative, if
requested in the applicable Maintenance Order, and at no additional charge to Customer, Company will provide, at Customer's
Premises, a refurbished SEB device to be used in the provision of Maintenance Services purchased hereunder. Tille to the Company
provided SEB will remain with Company. Upon the expiration or earlier termination of Maintenance Services, Customer will allow
Company to retrieve the Company provided SEB from Customer Premises. Customer's failure to allow Company to retrieve the
Company provided SEB will result in a charge (as determined by Shared Technologies based on the age and condition of the SEB
device) to Customer's account for the purchase of such refurbished SEB device. Customer will be responsible for the payment of such
charges. Any new SEB purchased by Customer, or SEB owned and provided by Customer, will remain the Customer's property.
9. Customer Responsibilities. Customer's responsibilities and obligations under this Agreement include the following:
9.1 Provide Company and its subcontractors with immediate access (twenty-four (24) hours per day, seven (7) days per week during the
Term) to Customer facilities, overhead and under floor cable ducts, Premises and Equipment as may be necessary or useful for
Company to meet Company's requirements identified herein.
9.2 Report detected Equipment failures and provide information requested by Company, its subcontractors, or Company's designated point
of contact, that is necessary or useful for Company to meet Company's requirements identified herein.
9.3 Obtain, as may be necessary and at Customer's cost, all permits, licenses, variances and other authorizations required by state and local
jurisdictions for installation and operation of the Equipment.
9.4 Provide adequate building, space, circuitry, and power in accordance with the standards established by Company for proper installation
and operation of the Equipment.
9.5 Ensure that adequate back-up power to the Equipment exists in the event of a power failure, interruption or outage.
9.6 Ensure that all of Customer's electronic files are adequately duplicated and documented at all times. Company and its subcontractors will
not be responsible or liable for Customer's failure to adequately duplicate or document files or for data or files lost during the course of
performance of services hereunder.
9.7 Provide a well-lighted and safe working area that complies with all local safety standards and regulations for Company employees and
subcontractors.
9.8 Provide Company employees and subcontractors with proper security clearances as required. If security passes are required for the
Company employee or subcontractor or the equipment brought with such person, Customer must be available to provide all required
badges, passes, etc. at the time the Company employee or subcontractor arrives at the Customer Premises.
9.9 Customer agrees to ensure that any replacement equipment is free of any encumbrances at the time of any exchange. Customer further
agrees to remove all extemal attachments or objects from the unit of equipment to be replaced before the time of exchange. Customer
gives up all rights to any such items not removed.
9.10 Provide Company employees and subcontractors all appropriate communications, product and service documentation, installed
equipment lists, cabling and equipment locations, configuration and maintenance of any software and any software upgrades or back-
ups related to the Equipment.
9.11 Appoint an administrator (the "Customer Contact") knowledgeable in Customer operational requirements as a point of contact to
Company and with the authority to act on Customer's behalf.
9.12 Follow all installation, operation and maintenance instructions provided by the Equipment manufacturer(s).
10. Miscellaneous.
10.1 SubcontractinQ. Company may subcontract any or all of the work to be performed by and under the terms and conditions of this
Agreement. Company will be responsible for the work of such subcontractors and for the fulfillment of the terms and conditions of the
Agreement.
10.2 Notices.
10.2.1 Any notices or other communication required to be given to the other party under this Agreement will be given in writing and
either (i) delivered in person, (ii) sent by overnight courier service, properly addressed and prepaid, or (iii) sent by United States Postal
Service certified or registered mail, retum receipt requested, properly addressed and with the correct postage.
10.2.2 Notices to Customer are to be sent to the address set forth on the first page of this Agreement. Notices to Company are to be
sent as follows: Shared Technologies Inc., 1405 South Beltline Road, Suite 100, Coppell, TX 75019, Alln: Contract Administration.
10.2.3 Notices will be deemed delivered and effective (i) the day of delivery if in person, (ii) the day of delivery if sent by courier service
or (iii) three (3) business days after the date of mailing. Addresses may be changed by giving wrillen notice in accordance with this
Section 10.2.
10.3 Applicable Law. This Agreement shan be govemed by and construed in accordance with the substantive laws of the State of Florida without
regard to its choice or conflicts of law principles.
10.4 Independent Contractor Status. Company's relationship to Customer in the performance of this Agreement is that of an independent
contractor. Nothing contained in this Agreement shall be deemed or construed as creating a partnership, j oint venture 0 r fiduciary
relationship between Company and Customer.
10.5 Export and Leaal Compliance.
10.5.1. Customer acknowledges that certain equipment, software and technical data that may be provided hereunder may be subject
SHARED TECHNOLOGIES CONFIDENTIAL
3
MaintenanceAgmt.02l18/05
to export and re-export controls under the U.S. Export Administration Regulations and/or similar regulations of the U.S. or any other
country. Customer shall not export or re-export any such equipment, software, technical data or any direct product thereof in violation of
any such laws.
10.5.2. Customer shall comply with all laws and regulations, including but not limited to import and custom laws and regulations.
10.6 Toll Fraud Disclaimer. Company makes no representation or warranty that the equipment is technically immune from or prevents
fraudulent intrusions into and/or unauthorized use of the Equipment (including any interconnection to a long distance network).
10.7 Survival. The rights and responsibilities of the parties hereto under the provisions, which by their nature extend beyond any such
expiration or termination, shall survive expiration or earlier termination of this Agreement.
10.8 Assionmenl. Neither party may assign this Agreement or any of its rights hereunder without the prior wrillen consent of the other party,
which consent will not be unreasonably withheld or delayed; provided that Company may assign this Agreement, in whole or in part, or
any of its rights hereunder to an affiliate or successor without the written consent of or notification to Customer.
10.9 Use of Service Marks. Trademarks and Name. Neither Company nor Customer shall: (i) use any service mark or trademark of the other party; or
(ii) refer to the other party in connection with any advertising, promotion, press release or publication unless it obtains the other party's prior written
approval. Under no circumstance shall a party, as a result of this Agreement, obtain any ownership interest or other right in any patents, pending
patents applications, trade secrets, copyrights, names, trademarks, tradenames, servicemarks, logos or other intellectual property rights.
10.10 Modifications; Invalidity; Waiver. Except as otherwise provided herein, modification or amendment to this Agreement shall not be valid
or effective unless in writing and signed by both parties hereto. The invalidity or non-enforceability of any particular provision of this
Agreement shall not affect the other provisions, which shall be valid and enforceable to the fullest extent permitted by law. No waiver of
any of the provisions of this Agreement shall be binding unless it is in writing and signed by the party granting the waiver. No waiver
shall be deemed, or shall conslilute, a waiver of any other provision, whether or not similar, and no waiver shall be deemed, or shall
constitute, a continuing waiver.
10.11 Entire Aoreement. This Agreement, and Company accepted Maintenance Order(s), PO's and/or other forms supplied by Company
conslilute the entire understanding between the parties concerning the subject matter hereof. No prior or contemporaneous
representations, expressions, or agreements, either wrillen or oral, or any handwritten modifications, any course of dealing, usage of
trade or course of performance under this or other agreements shall alter the terms of this Agreement.
10.12 Sionature Authorization. The parties have duly executed and agreed to be bound by this Agreement as evidenced by the signatures of
their authorized representatives below. Each party represents and warrants to the other that the signatory identified beneath its name
has full authority to execute this Agreement on its behalf.
City of Boynton Beach
Sha'ed~~
14 /Jlj/o6'
Date
Date
Typed or Printed Name
Betsy Baker
Typed or Printed Name
Director Contract Administration
Tille
Tille
SHARED TECHNOLOGIES CONFIDENTIAL
4
MaintenanceAgmt.02l18/05
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM 8.4
Requested City COnnnission Date Final Form Must be Turned Requested City Connnission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 AprilS, 2005 March 14,2005 (Noon.) 0 June 7, 2005 May 16, 2005 (Noon)
0 April 19,2005 April 4, 2005 (Noon) 0 June 21, 2005 June 6, 2005 (Noon)
0 May 3, 2005 April 18,2005 (Noon) ~ July 5, 2005 W> June 20, 2005 (Noon)
0 May 17, 2005 May 2, 2005 (Noon) f2J July 19,2005 July 5, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF f2J Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing , ' 0 Legal
-' ,
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION:
Motion to purchase from MoreDirect a UPS (uninterruptible power supply) for the Police Department computer system in
. ~ amount of$11,130.00.
EXPLANATION:
On June 10, 2005 we experienced two power spikes, one right after another, due to severe thunderstorms. During the second
spike our primary UPS failed causing two of our mission critical systems to fail. The systems include the CAD system and the
Cisco equipment which provides remote data access for the patrol vehicles. The primary backup system shorted out causing
the system to die. Weare using several smaller backup systems at this time.
Funding for this equipment can be used from Federal Forfeiture Funds.
MoreDirect in on the Florida State Contract #250-000-03-1.
PROGRAM IMPACT:
Risk the chance the smaller units will fail.
FISCAL IMPACT:
Federal Forfeiture Treasury Fund 691-5000-590-04-23
ALTERNATIVES:
~..
~'/ ent Head's Signature
#-
Police
Department Name
City Attorney / Finance / Human Resources
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CITY OF BOYNTON BEACH, FLORIDA
INTER-OFFICE MEMORANDUM
TO:
Chief Gage
DATE:
SUBJECT:
REFERENCES:
ENCLOSURES:
06/20/2005 FILE:
Uninterruptible Power Supply Requisition
.L,ROM:
Doug Solomon
On June 10th we experienced two power spikes, one right after another, due to severe thunderstorms. During
the second of power spike, our primary Uninterruptible Power Supply (UPS) failed causing two of our mission
critical systems to fail. Two of these systems included the CAD system and the Cisco equipment which
provides remote data access for the Patrol cars.
In addition to failing to keep power to these systems, the power spikes caused an electrical short in the UPS
itself. This was evident by a burning odor emanating from the unit, and the fact that we are unable to bring the
unit back online.
We were able to bring the systems back up, and divide them up among our other smaller UPS units to provide
for protection, However this has left us dangerously close to overloading these units, to a point where I cannot
guarantee they will be able to maintain power to criticatsystems during power outages.
To remedy this situation, I have attached a requisition for new UPS to this memo. This unit will be wired
directly into the electrical panel and is big enough to provide power to the entire computer room. In addition,
this unit has built in redundancy, meaning if part of the unit fails, the rest will pick up the slack. It also is
modular, meaning if batteries ever need replacing, this can be done without bringing the entire unit down.
Funding for this unit will need to come from Federal Forfeiture.
J~. ~11 the severity of storms, and the lessons learned from last year's hurricanes, I recommend the immediate
mrchase and installation of this unit.
~.~
Salesperson: Christian Perry
Phone: 919-388-9629
Fax: 919-882-9192
Email: cperry@moredirecl.com
Sales Quote For
City of Boynton Beach Police Dept.
Bill
To:
City of Boynton Beach
Police Dept.
Micheal Munroe
Sh" T . City of Boynton Beach
Ip o. Police Dept.
Doug Solomon
100 E. Boynton Beach
Blvd.
BOYNTON BEACH,
FL 33435
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
,l,
Ship-Via
UPS Ground
, ,
Member Invoice Reference
Fl. contract # #250-000-03-1
PONum OrderDate SalesPerson
Terms
OrderNum
APC 06/16/2005 Christian Perry - 919-388-9629 - cperry@moredirecl.com
Order Items
Qty Item# Description Manufacturer MfgNum
APC - APC Symmetra LX
1003438 12kVA Scalable to 16kVA N+1 - AMERICAN POWER SYA12K16RMP
Power array ( rack- CONVERSION
1003446 APC - APC SYMMETRA LX AMERICAN POWER SYPM4KP
4KVA POWER MODULE 208/24 CONVERSION
618452 RM PDU BASIC 1U 20A 120V- AMERICAN POWER AP9564
LOCKING 105-15 CONVERSION
365983 APC Symmetra On-Site AMERICAN POWER WUPGONSITEFW-
Upgrade to Factory Warranty CONVERSION SY-15
Total (Product Only):
Net 30 1852937
UnitPrice Extended
9,175.00
9,175.00
1,345.00
1,345.00
115.00
115.00
495.00
495.00
11,130.00
Signature
Date
Print Name
MoreDirect.com Corporate Headquarters
4950 Communication Ave, Suite 950
Boca Raton, Florida 33431
Tel. (561) 237-3300 Fax: (561) 237-3390
VI.-CONSENT AGENDA
ITEM C.l
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Fonn Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
0 April 5, 2005 March 14,2005 (Noon.) 0 June 7, 2005
0 April 19, 2005 April 4, 2005 (Noon) 0 June 21, 2005
0 May 3, 2005 April 18, 2005 (Noon) I2SI July 5, 2005
0 May 17,2005 May 2, 2005 (Noon) 0 Juty 19,2005
Date Final Fonn Must be Turned
in to City Clerk's Office
May 16,2005 (Noon)
.'". .J
June 6, 2005 (Noon) , .,
. .
;--1
,,- /
.--......
(,~-:
June 20,2005 (Noon) ~.:::;
N
o
-:C~.:
July 5, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing I2SI Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
~
=z
-
-
_:~.
,) c:~
:::J :z:
~GJ
-01
("J "T>
f1\(-,
::c
1'-'
W
RECOMMENDATION: Motion to approve the Interlocal Agreement for Disaster Debris Management between the
Solid Waste Authority and the City of Boynton Beach.
EXPLANATION: The Comprehensive Emergency Management Plan ofthe County and the Solid Waste Authority
(SW A) Debris Management Plan includes a provision to make SW A debris sites available to municipalities and special
districts in the County. The plan calls for municipalities and special districts that use the sites to be responsible for
the cost of collecting the debris and delivering it to the site, and for the cost of having the SW A manage and dispose of
the debris delivered. In January 2005, the SW A Board adopted a debris management policy that requires an
Interlocal Agreement (ILA) between the SW A and any municipality or special district that wishes to deliver debris to
SWA debris sites. If there is no executed ILA in place between the SWA and the municipality, no debris from the
municipality will be accepted at SW A debris sites.
The Solid Waste Division within the City of Boynton Beach uses the designated disaster debris sites for disposal of all
material related to hurricane debris. Staff has reviewed the ILA and made some minor changes to the agreement. It
is imperative that this Agreement be approved so we can continue to take disaster debris to the designated sites.
Attached are three copies for signature. All three copies need to be returned to SW A for codification. A fully
executed copy will be returned to the City.
PROGRAM IMPACT: If not approved this will hamper the Solid Waste Division from being able to deliver storm
debris to assigned debris management sites.
FISCAL IMPACT: N/A
ALTERNATIVES: None
~""'Sign,,=
{!L~~
Department Head's Signature
'?ubI, C M1?-k:5
Department Name
~
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
May 13, 2005
~'ft6
SWA
Mr..Kurt Bressner, City Manager
City of Boynton Beach
100 E Boynton Beach Blvd.
Boynton Beach FL 33435
SOLID WASH AUTHORITY
YOUR PARTNER FOR
SOLID WASTE SOLUTIONS
Re: lnterlocal Agreement for Disaster Debris Management
Dear Mr.. Bressner,
The Comprehensive Emergency Management Plan of the County and the Solid Waste Authority
(SWA) Debris Management Plan includes a provision to make SWA debris sites available to municipalities
and special districts in the County. The plan calls for municipalities and special districts that use the sites
to be responsible for the cost of collecting the debris and delivering it to ~e site, and for the cost of having
the SW A manage and dispose of the debris delivered.
In January 2005, the SWA Board adopted a debris management policy that requires an Interlocal
Agreement (IIA) between the SWA and any municipality or special district that wishes to deliver debris to
SWA debris sites. If there is no executed IIA in place between the SWA and the municipality, no debris
from the municipality will be accepted at SW A debris sites.
We are now preparing for the 2005 hurricane season. An Interlocal Agreement to codify the
responsibilities and obligations of the Solid Waste Authority and any municipality or special district that
wishes to deliver debris to an SWA debris site has been drafted. This agreement effectively formalizes the
arrangement the SWA had with the municipalities through the 2004 hurricane season. Three copies of
this agreement are enclosed. With hurricane season right around the comer, we are suggesting that you
place this IIA on your earliest available agenda for review and approval. Please have your municipal clerk
return all three copies with your sigilature and municipal seal to my attention. I will return one fully
executed copy to your Clerk for filing.
In approving this IIA, the SWA Governing Board authorized the Executive Director the execute
the agreement on behalf of the SW A if there are no substantive changes made by the municipality. If any
municipality or special district wishes to make significant changes to this agreement, the entire agreement
would be returned to the SWABoard for their review and approval. The SWA Board meets every other
month (June, August, October and December), so substantive changes could significantly delay the
execution of the agreement.
If the debris management plan for your municipality anticipates you managing your own debris
disposal after a storm, and you do not intend to execute the ILA, please let us know as soon as
possible.
Please call Marc Bruner, Director of Planning and Environmental Programs at (561) 640-4000
Ex. 4607 or myself at 640-4000 Ex. 4404 if you have any questions about this agreement.
~incerelY,
~S.l~g-'2-
Linda S. Hodgkins . / 1
Intergovernmental Coordinator
EncIs. 3
Cc: Marc Bnmer
7501 North Jog Road. West Palm Beach, Florida 33412 (561) 640-4000 FAX (561) 640-3400
Recycled paper
1 RESOLUTION R05-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING EXECUTION OF AN
5 INTERLOCAL AGREEMENT BETWEEN THE CITY OF
6 BOYNTON BEACH AND SOLID WASTE AUTHORITY OF
7 PALM BEACH COUNTY FOR DISASTER DEBRIS
8 MANAGEMENT; AND PROVIDING AN EFFECTIVE
9 DATE.
10
11 WHEREAS, the City Of Boynton Beach uses designated disaster debris sites for
12 disposal of all material related to hurricane debris; and
13 WHEREAS, The Comprehensive Emergency Management Plan of Palm Beach
14 County and the Solid Waste Authority Debris Management Plan includes a provision to make
15 Solid Waste Authority debris sites available to municipalities and special districts within the
16 County; and
17 WHEREAS, the Solid Waste Authority Board adopted a debris management policy
18 that requires an Interlocal Agreement between the Solid Waste Authority and any municipality
19 that wishes to deliver debris to the Solid Waste Authority Debris sites.
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
22
Section I.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
23 being true and correct and are hereby made a specific part of this Resolution upon adoption
24 hereof.
25
Section 2.
Upon recommendation of staff, this Commission does hereby authorize
26 execution of this Interlocal Agreement between the City of Boynton Beach and Solid Waste
27 Authority of Palm Beach County, which Agreement is attached hereto and made a part here.
28
Section 2
That this Resolution shall become effective immediately upon passage.
S:\CA\RESO\Agreements\lnlerlocals\lnterlocal Agreement for Disaster Debris.doc
1 PASSED AND ADOPTED this _ day of July, 2005.
2
3 CITY OF BOYNTON
4 FLORTIDA
5
6
7
8 M~
9
10
11 Vice Mayor
12
13
14 Commissioner
15
16
17 Commissioner
18
19
20 Commissioner
21 ATTEST:
22
23
24
25 City Clerk
26
27 (Corporate Seal)
28
29
BEACH,
S:\CA\RESO\Agreements\lnterlocals\lnterlocal Agreement for Disaster Debris.doc
INTERLOCAL AGREEMENT FOR DISASTER DEBRIS MANAGEMENT
THIS INTERLOCAL AGREEMENT is made and entered into this day of
, 2005, between the Solid Waste Authority of Palm Beach County, a
dependent special taxing district created pursuant to Chapter 2001 -331, Laws of Florida
(hereinafter "Authority") and , a municipal
corporation, chartered and organized in accordance with the laws of the State of Florida
(hereiriafter called "City"), each one constituting a public agency as defined in Park I of
Chapter 163, Florida Statutes.
WITNESSETH:
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida lnterlocal
Cooperation Act of 1969", authorizes local governments to make the most efficient use of
their powers by enabling them to cooperate with other localities on a basis of mutual
advantage and thereby to provide services and facilities that will harmonize geographic,
economic, population and other factors influencing the needs and development of local
communities; and
WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as
defmed therein to enter into interlocal agreements with each other to jointly exercise any
power, privilege, or authority which such agencies share in common and which each
might exercise separately; and
WHEREAS, Palm Beach County has adopted a Debris Management Plan
(hereinafter "Plan") and pursuant to the Plan the Authority is responsible for coordinating
the permanent removal, storage, burning and disposal of all debris deposited along or
1
immediately adjacent to public rights-of-way in the unincorporated areas of the County;
and
WHEREAS, the City is responsible for coordinating the permanent removal,
storage, burning and disposal of all debris deposited along or immediately adjacent to
public rights-of-way in the City; and
WHEREAS, THE city and the Authority have determined that it is in the bet
interest of the citizens of Pam Beach County to cooperate in the management of disaster
debris and securing reimbursement for eligible debris management costs from the Federal
Government, the State of Florida and any oth,er agencies providing cost reimbursement.
NOW THEREFORE, in consideration of the mutual representations, terms and
covenants hereinafter set forth, the parties hereby agree as follows:
Section 1.
The above recitals are true and correct.
Section 2. Purpose
The purpose of this Agreement is to provide for and establish the framework
under which the City and the Authority shall coordinate the management of disaster
debris as well as the payment and subsequent reimbursement of costs associated with
debris management in Palm Beach County.
Section 3. Deimitions
"Act" means Part I of Chapter 163.01, Florida Statutes.
"Agreement" means the Interlocal Agreement, including any amendments or
supplements hereto, executed and delivered in accordance with the terms hereof.
2
"County" means Palm Beach County, a political subdivision of the State of
Florida.
"Debris Management Plan" means the most current Palm Beach County Debris
Management Plan.
"FEMA" means the Federal Emergency Management Agency, or any successor
agency performing a like function.
. "FHW A" means the Federal Highway Administration, or any successor agency
performing a like function.
"Reimbursing Agencies" mean FEM~, FHW A, the State of Florida and any other
agency or unit of government providing funds for the reimbursement of debris
management expenses.
"Storm Debris, Disaster Debris or Debris" means a variety of debris that includes
but is not limited to such things as trees and other vegetative organic matter,
building/construction material, appliances, personal property, mud, sand and sediment.
"Eligible Storm Debris" means storm debris that qualifies for reimbursement by
the Reimbursing Agencies.
"Ineligible Storm Debris" means storm debris that does not qualify for
reimbursement by the Reimbursing Agencies.
Section 4. Effective Date
The effective date of this Agreement is June 1, 2005 and shall continue until
otherwise amended from time to time and or terminated by either party in accordance
with Section 9.
3
Section 5. City Responsibilities
5.01 Appointment of Operations and Finance Coordinators
The City shall anriually designate coordinators to work closely with the Authority
on the operational matters related to debris collection and processing, and the
coordination and management of the submittal of costs and invoices to the Reimbursing
Agencies for Storm Debris management costs. Such persons shall have, or shall have
subordinates that have, the required knowledge of debris collection operations and
Reimbursing Agencies requirements. The coordinator(s) or hislher designee shall work
with Authority staff and attend meetings wit~ Reimbursing Agencies representatives and
others regarding Storm Debris management. The City's coordinator shall attend all pre-
season and pre-storm meetings conducted by the Authority during which all parties will
have the opportunity to fully review the Plan including any changes that may have
occurred with regard to eligibility and reimbursement rules and procedures. Attendance,
while mandatory, may be accomplished by conference call, if necessary.
5.02 Collection of Debris
The City shall be responsible for the collection of Storm Debris within its
jurisdiction and delivering that debris to Authority debris management sites. In the event
the Authority debris site is unable to open, The City of Boynton Beach would like to
reserve the right to take storm debris to an alternate SW A approved debris site.
Additionally in the event the City of Bovnton Beach decides to process the stonn debris
internally, the City would like to reserve the right to use SW A facilities as needed. The
City shall be responsible for monitoring collections and documenting collection activities
of Storm Debris on a level sufficient to meet the requirements of the Reimbursing
4
Agencies. This shall include having collection vehicles measured and documented by the
SW A or its designee and properly completing load tickets provided by the Authority or
approved by the Authority. If the City uses load tickets provided by the Authority, the
City shall pay the cost of printing those load tickets.
5.03 Submittal of Collection Costs for Reimbursement
The City shall be responsible for preparing documentation regarding its costs
incurred to pick-up and deliver Disaster Debris to debris management sites in the
required form prescribed by the Reimbursing Agencies and submit those costs to FEMA
and associated State agencies for reimbursem~nt.
5.04 Payment of Un-reimbursed Disposal Costs
The City shall be responsible for any un-reimbursed costs associated with both
Eligible and Ineligible Storm Debris collected by the City, delivered to the Authority and
disposed of as documented by the Authority. This responsibility shall include site
monitoring, management and restoration costs, and costs associated with any borrowing
required to fund debris management activities, on a pro-rata basis, based on the quantities
of debris delivered. The City shall pay these amounts and remit them to the Authority
within thirty (30) five (5) business days of receipt of invoice.
5.05 Reimbursement Monitoring and Tracking
The City shall assist and coordinate with the Authority the tracking and
monitoring of all Storm Debris requests for reimbursement so that expedient payments
can be made.
Section 6. Authority Responsibilities
6.01 Appointment of Operations and Finance Coordinators
5
The Authority shall annually designate coordinators to work closely with the City
on the operational matters related to debris collection and processing, and the
coordination and management of the submittal of costs and invoices to the Reimbursing
Agencies for Storm Debris management costs. Such persons shall have, or shall have
subordinates that have, the required knowledge of debris collection operations and
Reimbursing Agencies requirements. The coordinator(s) or his/her designee shall work
with City staff and attend meetings with the Reimbursing Agencies representatives and
others regarding Storm Debris management. The Authority's coordinator shall attend all
pre-season and pre-storm meetings conductc:d by the Authority during which all parties
will have the opportunity to fully review the Plan including any changes that may have
occurred with regard to eligibility and reimbursement rules and procedures.
6.02 Operations of Debris Management Sites
The Authority shall be responsible for staffing, managing and operating debris
management sites it establishes throughout the County for the purpose of storing,
processing and disposing of Disaster Debris. The Authority shall operate and monitor
these debris management sites consistent with Reimbursing Agencies guidelines. The
Authority shall provide facilities to measure and placard City collection vehicles. The
AUthOlity shall use its best efforts to open one or more debris sites within 72 hours after
an "all clear" is issued for a hurricane or other disaster.
6.03 Submittal of Costs for Reimbursement
The Authority shall prepare and submit documentation regarding its costs
incurred to pick-up, haul, manage, and dispose of storm debris in the required form
prescribed by the Reimbursing Agencies and submit those costs to them for
6
reimbursement. Such costs may include the cost of processing and disposal of Storm
Debris delivered to the Authority's Storm Debris sites by the City. The timeframe for
submittal of cost documentation from the Authority to the County and subsequent
submittal to the Reimbursing Agencies shall be as mutually agreed by the County, the
Authority and the Reimbursing Agencies, as appropriate.
6.04 Un-reimbursed City Disposal Costs
. If the Authority is advancing the payment of any costs incurred on behalf of the
City the Authority may invoice the City for that portion of the costs it reasonably believes
will not be reimbursed by the Reimbursing A.gencies. Any such invoice will be due and
payable within 60 days of receipt by the City. Upon receipt of all reimbursements the
Authority will either remit payment to or invoice the City for the difference.
Section 7. Access and Audits
The Authority and the City shall create adequate records to justify all charges,
expenses, and costs for Storm Debris management and to maintain those records after
completion of the audits by the Reimbursing Agencies for the time period as may be
specified by law or regulation. The City and the Authority shall have access to all books,
records and documents and required in this section for the purpose of inspection or audit
during normal business hours.
Section 8. Breach/Opportunity to Cure The parties hereto expressly covenant and
agree that in the event either party is in default of its obligations herein, the party not in
default shall provide to the party in default thirty (30) days written notice to cure said
default before exercising any of its rights as provided for in this Agreement.
Section 9. Termination
7
;J
This Agreement may be terminated by either party to this Agreement upon thirty
(30) days written notice to the other party.
Section 10. Enforcement Costs
Any costs or expenses associated with the enforcement of the terms and/or
conditions of this Agreement shall be borne by the respective parties, provided, however,
that this clause pertains only to the parties to this Agreement.
Section 11. Notice
All notices required to be given und~r this Agreement shall be deemed sufficient
to each party when delivered by United States Mail to the following:
City:
Name
Address
City, State, Zip
Authority:
Name
Address
City, State, Zip
John Booth, Executive Director
7501 N. Jog Road
West Palm Beach, FL 33412
Section 12. De)eeation of Duty
Nothing contained herein shall be deemed to authorize the delegation of the
constitutional or statutory duties of state, county, or city officers.
Section 13. Filine A copy of this Agreement shall be filed with the Clerk of the
Circuit Court in and for Palm Beach County.
Section 14. Liabilitv
The parties to this Agreement and their respective officers and employees shall
not be deemed to assume any liability for the acts, omissions, and negligence of the other
8
party. Further, nothing herein shall be construed as a waiver of sovereign immunity by
either party, pursuant to Section 768.28, Florida Statures.
Section 15. Indemnification
Each party shall be liable for its own actions and negligence and, to the extent
permitted under Florida law, the City shall indemnify, defend and hold harmless the
Authority against any actions, claims or damages arising out of the City's negligence in
connection with this Agreement, and the Authority shall indemnify, defend and hold
harmless the City against any actins, claim& or damages 'arising out of the Authority's
negligence in connection with this Agreement. However, nothing in this paragraph shall
be interpreted as a waiver of the Authority's or the City's sovereign immunity.
Section 16. Amendments
This Agreement may not be amended except by written instrument signed by both
parties hereto.
Section 17. Remedies
This Agreement shall be construed by and governed by the laws of the State of
Florida. Any and all legal action necessary to enforce the Agreement will be held in
Palm Beach County. No remedy herein conferred upon any party is intended to be
exclusive any other remedy, and each and every such remedy shall be cumulative and
shall be in addition to every other remedy given hereunder or now or hereafter existing at
law or in equity or by statute or otherwise. No single or partial exercise by any party of
any right, power, or remedy hereunder shall preclude any other or further exercise
thereof.
9
I
'"
Section 18. Time oftbe Essence
The parties expressly agrees that time is of the essence in this Agreement and the
failure by a party to complete performance within the time specified, or within a
reasonable time if no time is specified herein, shall, at the option of the other party
without liability, in addition to any other rights or remedies, relieve the other party of any
obligation to accept such performance.
Section 19. Equal Opportunity Provision
The City and the Authority agree that no person shall, on the grounds of race,
color, sex, national origin disability, religion, ancestry, marital status, or sexual
orientation be excluded from the benefits of, or be subjected to any form of
discrimination under any activity carried out by the performance of this Agreement.
Section 20. Captions
The captions and section designations herein set forth are for convenience only
and shall have no substantive meaning.
Section 21. Severability
In the event that any section, paragraph, sentence, clause or provision hereof is
held by a court of competent jurisdiction to be invalid, such shall not affect the remaining
portions 0 this Agreement and the same shall remain in full force and effect.
Section 22. Entirety of Aereement This Agreement represents the entire understanding
between the parties and supersedes all other negotiations, representations, or agreement,
either written or oral, relating to this Agreement.
10
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement
effective as of the day and year first above written:
WITNESSES:
SOLID WASTE AUTHORITY OF
PALM BEACH COUNTY
John Booth
Executive Director
APPROVED AS TO LEGAL FORM AND SUFFlCIENTY:
By:
Maureen Cullen, Solid Waste Authority
WITNESSES:
MUNICIPALITY:
City of Boynton Beach
By:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
By:
11
VI.-CONSENT AGENDA
ITEM C.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be
Commission Meetinq Dates Turned in to City Clerk's Office
Requested City Commission Date Final Form Must be
Meetinq Dates Turned in to City Clerk's Office
0 April 5, 2005
0 April 19, 2005
0 May 3, 2005
0 May 17, 2005
March 14, 2005 (Noon.) 0 June 7, 2005
April 4, 2005 (Noon) 0 June 21, 2005
April 18, 2005 (Noon) [gI July 5, 2005
May 2,2005 (Noon) 0 July 19, 2005
,~~)
May 16, 2005 (Noon)) (; ----{
u. :4-<
L ,.< c:;
June 6, 2005 (Noon~:;; :--) ""')-1
..~...~.
June 20, 2005 (Nooq-.
"
July 5, 2005 (Noon) ::>;::
c-
..
,;.:.)
NATURE OF
AGENDA ITEM
o Development Plans
o New Business
o Legal
o Unfinished Business
o . Presentation
J).-!
o
~x
.....,m
-r<!
-=>)>
l'1C')
o Administrative
[gI Consent Agenda
o Public Hearing
o Bids
o Announcement
o City Manager's Report
o
w
-'-
RECOMMENDATION: That Commission approves Resolution 05-_ for a Special Warranty Deed conveying
title to Wendell Warren for:
Lot 65, Block 21, ROLLING GREEN RIDGE FIRST ADDmON, as recorded in Plat
Book 24, Pages 223 through 226 inclusive, of the Public Records of Palm Beach
County, Florida.
EXPLANATION: Ms. Warren, a SHIP applicant, has been pre-approved for a mortgage from a local lender
as a participant in the City's SHIP Construction Program. She has been qualified as very low income and has
selected a city-owned lot to build a single family dwelling.
PROGRAM IMPACT: A new single-family dwelling will be added to a neighborhood located within the City's
target area. Upon approval, this would enable vacant property to become a part of the neighboring homes
assisting in the elimination of slum and blight.
FISCAL IMPACT: Taxable value added to the City of Boynton Beach of approximately $143,612. The vacant
lot is valued at approximately $16,600, which currently provides no taxable revenue.
ALTERNATIVES:
~
City Manager's Signature
Depart
Department of Development
Community Improvement Division
Department Name
~ --
~
City Attorney / Finance / Human Resources
5: \Community Improvement\Agenda Requests\200S\CC7-S-0SWarrenLot.dot
28
29
30
I RESOLUTION NO. R05-
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA,
5 AUTHORIZING THE MAYOR AND CITY CLERK TO
6 EXECUTE A SPECIAL WARRANTY DEED BETWEEN
7 THE CITY OF BOYNTON BEACH AND WENDELL
8 WARREN, A PARTICIPANT IN THE CITY'S SHIP
9 CONSTRUCTION PROGRAM; AND PROVIDING AN
10 EFFECTIVE DATE.
II
12 WHEREAS, Wendell Warren has been approved for a mortgage from a local lender
13 as a participant in the City's SHIP Construction Program, and has selected a City owned lot to
14 build a single-family dwelling to reside in Boynton Beach; and
15 WHEREAS, a new single-family dwelling will be added to a neighborhood located
16 within the City's target area; and
17 WHEREAS, the Commission upon recommendation of staff, has deemed it to be in
18 the best interests of the citizens and residents of the City to execute a Special Warranty Deed
19 between the City of Boynton Beach and Wendell Warren conveying title for the lot described
20 as follows:
21 Lot 65, Block 21, ROLLING GREEN RIDGE FIRST ADDITION,
22 according to a Plat there on file on the office of the Clerk of the
23 Circuit Court, in and for Palm Beach County, Florida, as recorded in
24 Plat Book 24, Page 223 through 226.
25
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed
as being true and correct and are hereby made a specific part of this Resolution upon
adoption.
S:\CA\RESO\Real Estate\Special Warranty Deed - Wendell Warren. doc
Section 2.
The City Commission of the City of Boynton Beach, Florida does
2 hereby authorize and direct the Mayor and City Clerk to grant conveyance by Special
3 Warranty Deed to Wendell Warren.
Section 3.
This Resolution shall become effective immediately upon passage.
4
5 PASSED AND ADOPTED this _ day of July, 2005.
6
7 CITY OF BOYNTON BEACH, FLORIDA
8
9
10 Mayor
II
12
13 Vice Mayor
14
15
16 Commissioner
17
18
19 Commissioner
20
21
22 Commissioner
23
24
25 City Clerk
26
27 (Corporate Seal)
28
29
30
31
32
33
S:\CA\RESO\ReaI Estate\Special Warranty Deed - Wendell Warren.doc
THIS INSTRUMENT WAS PREPARED BY:
JAMES A. CHEROF, ESQUIRE
P.O. Box 310
Boynton Beach, FL 33425
SPECIAL WARRANTY DEED
THIS INDENTURE, made this
day of July, 2005, between THE CITY OF
BOYNTON BEACH, FLORIDA, a municipal corporation, (hereinafter referred to as "Grantor")
and WENDELL WARREN, a single woman, whose address is
Florida (hereinafter referred to as "Grantee").
WIT N ESE T H:
That said Grantor, for and in consideration of the sum ofTEN ($10.00) DOLLARS, and
other good and valuable considerations to Grantor in hand paid by Grantee, the receipt whereof is
hereby acknowledged, has granted, bargained and sold to the Grantee, and Grantee's heirs and
assigns forever, the following described land, situate, lying and being in Palm Beach County,
Florida, to wit:
Lot 65, Block 21, ROLLING GREEN RIDGE FIRST
ADDITION, according to a Plat there on file in the office of
the Clerk of the Circuit Court, in and for Palm Beach
County, Florida, as recorded in Plat Book 24, Page 223
through 226.
Together with all tenements, hereditaments and appurtenances thereto belonging or in
anywise appertaining.
To have and to hold, the same in fee simple forever.
And the Grantor hereby covenants with said Grantee that Grantor is lawfully seized of
said land in fee simple, that Grantor has good right and lawful authority to sell and convey said
land, that Grantor hereby fully warrants the title to said land and will defend the same against the
S:\CA\Departments\Community Redev\Special Deed -Wendell Warren.doc
Page 1
lawful claims of all persons claiming by, through or under Grantor, but against none other.
IN WITNESS WHEREOF, Grantor has caused this Deed to be executed by its duly
authorized officer the day and year first above written.
Signed, sealed and delivered
m our presence:
Witnesses:
CITY OF BOYNTON BEACH
By:
Kurt Bressner, City Manager
Signature
(Type or print name)
Approved as to Form:
Signature
City Attorney
(Type or print name)
STATE OF FLORIDA )
) ss.:
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this _ day of July, 2005, by
Kurt Bressner, as City Manager of THE CITY OF BOYNTON BEACH, FLORIDA, a municipal
corporation, on behalf of the corporation, who is personally known to me, and who did not take
an oath.
My Commission Expires:
NOTARY PUBLIC
(Type or print name)
S:\CA\Departments\Community Redev\Special Deed -Wendell Warren. doc
Page 2
'11111'111111111'11111
92/10/2904 Hh07141 20040073706
OR BK 16533 P6 1504
Pal. B~ach County, Florida
DDrothy H Wilken, Clerk of Court
COUnty Deed
Florida Statute Saction 125411
RETURN TO-
STEVEN K. SCHIJ>.MP
PALM BEACH COUNTY FACIl. DEVEL. & OPER. DEPT.
PROPERTY & ~TATE MANAGeMENT OMS ION
3323 BELVEDERE R~Q. BUILDING 503
WEST PAlM ~~13406.154a
,-(...... - ">,~)
PARCEL CONTR'Q~~~ER; 08-43-45-16.()1.021-0650
\' ./.
\~'~~) C COUNTY DEED
\~..:;. rT~~\
THIS'b'eED~ ~de JAil 13 2IK . by PALM BEACH COUNTY,
FLORIDA, a pOlitical ~d1vlsion of the State of Florida, whose legal mailing address is 301 North
Olive Avenue, West P~each, Florida 33401-4791, party of the first part, and the CITY OF
BOYNTON BEACH, a'mlinicipal corporation, whose legal mailing address is 100 E. Boynton
Beach Boulevard, P.O. B9.~, Boynton Beach, FL 33425, party of the second part.
\~:~~/~)
WIT N E S S eiffl:;) That the said party of the first part, for an in consideration of
the sum of Ten and 00/1 00 ($1a~0Ilars to it in hand paid by the party of the second part, the
receipt whereof ;s hereby ackn~feaged, has granted, bargained and sold to the party of the
second part, its successors and as.s~ forever, the following described land lying and being in
Palm Beach County, Florida: \'$~)
"-f>
ROLLING GREEN RIDGE 1 sri~p L T 65 BLK 21. THE ABOVE BEING THE
REAl PROPERTY DESCRIBeo:~ER TAX CERTIFICATE NUMBER 10573
IN THE TAX DEED RECORDEdlN{jF;FICIAL RECORD BOOK 15619, PAGE
730, PUBLIC RECORDS OF PAi~tfB~..;cH COUNTY, FLORIDA.
,,/:....."I~ ()
Reserving, however, unto party of the first pa~~'~ssors and assigns an undivided three-
fourths interest in, and title in and to an undiv~dt!t(@-fourths Interest in, all the phosphate,
minerals, and melals that are or may be in, on, or\lnatir the said land and an undivided one-half
interest in all petroleum that ;s or may be in, 0 :";~:6i1'under said land, The aforementioned
reservation of phosphate, mineral, metals and petro' \/.' shall not include and party of the
first part hereby expressly releases any and all rights d(.$l . and rights of exploration relating to
such phosphate, mineral, metals and petroleum rights.'" ,'_"
(/ ";!)
IN WITNESS WHEREOF, the said party of the-'l~wrt has caused these presents
to executed in its name by its Board of County CommissbnBti acting by the Chair or Vice
Chairman of said Board, the day and year aforesaid. ":::::-:::~
\t'~\~~~.I)\
PALM BEACH COUNTY FLQe!pA, a
Political Subdivision of th~teof Florida
. R2004
0097
ATTEST:
DOROTHY H. WILKEN, Clerk
O~COMMISSIONERS
By: .-C~ Co. !L':.. L ~~ \..U ~ \ -----
Deputy cre~.,... ....~~ e T, Marcus, Chair
!I.l../ ~~ ~C1- \'CJ,1.:
~o: COUNTY :~yFFICIAL SEAL)
\.t;'\ "'LORI~~ /01
APPROVED AS TO FORM-~~""", ....~~
AND LEGAL SUFFICIENC0~~ ....*.... ~....""
Io\\\,\\~"",'",""-.?'
~
~unly AtIomey
G:\PropeIty Mgmt SectIon\DIspos;t;onalBoynlonBeach,F""2003ICountyDeed,Convey lo/3.011304.doc
Book16533/Page1504
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NOTICE OF INTENT TO SELL REAL PROPERTY
NOTICE IS HEREBY GIVEN that the City of Boynton Beach, Florida has determined to sell the
following described property:
Lot 65, Block 21, ROLLING GREEN RIDGE FIRST ADDITION, as recorded in
Plat Book 24, Pages 223 through 226 inclusive, of the public records of Palm
Beach County, Florida.
The sale of property is for public purpose pursuant to an agreement entered into between the
City of Boynton Beach and Wendell Warren. Further information, as is available, may be
obtained from Community Improvement in the West Wing of City Hall, located at 100 E. Boynton
Beach Blvd., Boynton Beach, FL 33435. The City Commission of the City of Boynton Beach
shall hold a public hearing on the proposed sale at their regular City Commission meeting June
21,2005 at 6:30 p.m. in Commission Chambers, City Hall. Contact Octavia S. Sherrod at 742-
6066.
PUBLISH:
THE PALM BEACH POST - FRIDAY, MAY 20,2005
!~j~_tr2~1ll ';fJL .
j., , i::: ....noS. 'I I
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Copy to:
City Commission, City Attorney, Octavia Sherrod, Agenda File, Original to Legal
Ads File
s:\CC\WP\Jegal ads\Ads to Post\2005\NOTICE OF INTENT TO SELL REAL PROPERTY - 05-13-05.doc
NOTICE OF INTENT TO SELL REAL PROPERTY
NOTICE IS HEREBY GIVEN that the City of Boynton Beach, Florida has determined to sell the
following described property:
Lot 65, Block 21, ROLLING GREEN RIDGE FIRST ADDITION, as recorded in
Plat Book 24, Pages 223 through 226 inclusive, of the public records of Palm
Beach County, Florida.
The sale of property is for public purpose pursuant to an agreement entered into between the
City of Boynton Beach and Wendell Warren. Further information, as is available, may be
obtained from Community Improvement in the West Wing of City Hall, located at 100 E. Boynton
Beach Blvd., Boynton Beach, FL 33435. The City Commission of the City of Boynton Beach
shall hold a public hearing on the proposed sale at their regular City Commission meeting J.HRe
21, 2005 at 6:30 p.m. in Commission Chambers, City Hall. Contact Octavia S. Sherrod at 742-
6066.
NOTICE OF MEETING CHANGE
The aforementioned agenda item will be the City Of Boynton
Beach Commission Agenda for their NEXT meeting on Tuesday,
Julv 5th, 2005, at 6:30 p.m. in Commission Chambers.
'.I ,) 11, I). L V \I ) I I; , J IJ till
ilLI[LlIT i[UCl\lll
,-" i .,~; '-J I~
00 ~ ~~n OF LOAN TRANSACTION - PUBUC/PRIVATE SUBSIDIES
JU,\J : 5 ,U05
COMMUNITY
IM~E:
APPLICANT (5):
PROPERTY ADDRESS:
LEGAL DESCRIPllON:
TRANSACTION SUMMARY:
FIRST MORTGAGE AMOUNT:
LENDER:
LOAN TYPE:
RATE:
LTV:
$ ~O 1 (){)O
~ ~!~ Lt€J:f
6 ,SD ..J .
6' '/ .
SECOND MORTGAGE AMOUNT: $
LENDER:
LOAN TYPE:
4h~ G();}
,
THIRD MORTGAGE AMOUNT: $
LENDER:
LOAN TYPE:
~~ooo
fiJ Q~fMfi
AlU/~f~J
APPUCANT FUNDS:
PREPAIDS:
ESCROWED FUNDS:
PAID CLOSING:
$ /2.,00 0
SELLER CONCESSION:
$
TOTAL: $
SIGNED; P DATE: 6/'{ lor
I
TITLE: ~A G&nJ / Urlf YilJ.f.lkM \-
CLOSINGAGENT; ~ ~ PHONE: 6M-"]'SJ ~~y~
CONTACT PERSON: \:)O..(h~t: llh~~
~
C:\~,lInemll .Ild ~ngs\$llaX'ler\~ $eI1ing5\TeJl)JlOl'.'" Int.~ Fite.\Oll<A08\5UMMAAl 0(' LOAN ~.doc
"l._CONSENl Jl,GENDJl,
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Iir;-ON
crr~ OF BO~N1'ON BEA.Cll
A.GENDA. \1'El\'1 REQtlES1' FORl\'1
Requested Cit)' Commission Date Final For1l1 Must be lurned Requested C it)' Commission
~ ~ ~
0 APril 5,2005 March 14,2005 (Noon.) 0 June 7,2005
0 APril 19,2005 APril 4,2005 (Noon) 0 June 2 1,2005
0 May 3, 2005 APril IS, 2005 (Noon) ~ July 5,2005
0 May \7,2005 May 2, 2005 (Noon) 0 July 19,2005
Date Final For1l1 Must be lurned
~
May 16,2005 (Noon)
June 6,2005 (Noon)
June 20, 2005 (Noon)
July 5,2005 (Noon)
0 Administrative 0 Development plans
NA'fURE OF ~ Consent Agenda 0 NeW BusinesS
AGENDA \'fENl 0 public Hearing 0 Lega\
0 Bids 0 Unfinished BusinesS
0 Announcement 0 presentation
0 City Manager's Report
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RECONlNlENDA 'fION ~
Motion to aVVrove agreement between City of Boynton Beaeh ""d Valm Beaeh County fot the exehange of uVdated
geogtavhie and \""d information 00 an ongoing hasi'.
EXPLANA 'fION ~
The Vut1>o,", of thi' ag,eement i, to ,ha" and utilize geogtavhie ""d \""d information. Eaeh VartY ,hall maintain in i"
geogtavhie ""d I""d informalion ,y,,,m envirooment the ioformation 'VeeiUed unde< E""ihi! A of the attaehed agteement.
Sueh ioformalion ,hall be ..eeasihle 10 bOth Varti", ,ubject to ..eeas ""d ",cu<i!y V,o<edu,'" lieen,", all'''''''"''' ""d
Federal, State and local laW.
PROGRANlINlP AC'f~
Thi, agt"ment will Vrovide a meehani,m \0 ,hlUe geogtaVhie ""d land information on "" ongoing basi'.
FISCAL INlPAC'f~
N/A
AL'fERNA'fIVES~
\,1.S.
Department Name
S\tlULLETtN\1'ORMS\AGEND^ ITEM REQUEST fORM.DOC
.-
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City Manager's Signature
City Attorney I Finance I Human ReSOurces
/I
/
1
2
3
4
5
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7
8
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A RESOLUTION OF 'fIU: Cll'Y OF BOYNI'ON
BEACH, FLORIDA, AUTIIORIZlNG AND
DIRECTING 'IHE MAYOR AND ClJ'y CLERK TO
EXECUTE AN INTERLOCAL AGREF:MENT
BETWEEN THE ClJy OF BOYNTON BEACH ANn
PAtM BEACH COUNTY PROVllJING FOR THE
EXCHANGE OF UPDA I'ED GEOGRAPHIC ANn
lAND INFORMATION ON AN ONGOING BASIS;
AND PROVIDING AN EFFECTIVE nATE,
RESOLUTION R05-
18
aCCurate information; and
eXchanging geographk and land information h, order to have the most UP'to'date and
WHEREAS, the parties desire to enter into this agreement to share the henefits of
17
19
20
21
22
NOW, THEREFORE, BE IT RESOt VEn By THE ClJ'Y COMMISSION
OF THE ClJy OF BOYNTON BEACH, FLORIDA, THA T:
~
The foregoing "WHEREAS" clauses are true and COlTect and hereby
23
ratified and confirmed by the City Commission.
~
The City Commission does hereby authorize and direct the MaYor and
24
27 basis, which Agreement is attached hereto as Exhibit "A."
26 Be~eh, providiug [or a mechanism to share geographic and laud information on an ongoing
25 City Clerk to execute an Agreement between Palm Beach COUnty and the City o[ Boynton
28
~
That this Resolution shall become effective immediately upon Passage.
9
S:\CA IRESOI/\greementSIJnterlocaIslILA _ PBc GIS. doc
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PASSED ANI> AI>OPTED tbis __ day of July, 2005.
ATTEST:
-
City Clerk
(Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
2
S:\CA \RESO\Agreements\lnterlocals\lLA - PBC GIS.doc
WTERLOCALAGREEMENT
BETWEEN THE
CITY OF BOYNTON BEACH
AND
PALM BEACH COUNTY
This Agreement is entered on -. , 2005, between "the parties," the City of
Boynton Beach ("the City") and Palm Beach County (the "County"). The City and the
County are referred to collectively as "the Parties".
WITNESSETH THA T:
WHEREAS, the Parties are authorized to enter into this Agreement pursuant to Section
163.01, Florida Statutes, as amended Which permits local governmental units to make the
most efficient Use of their powers by enabting them to cooperate with other localities on a
basis of mutual advantage, and
WHEREAS, the Parties executing the Agreement desire to share the benefits of
exchanging geographic and land information in order to have the most UP-to-date and
aCCurate information,
WHEREAS, the purpose of this Agreement is to prOVide a mechanism to share geographic
and land information on an ongoing basis,
WHEREAS, the Parties will develop procedures for the exchange of geographic and land
information in an efficient and timely manner,
NOWTHEREFORE, the Parties, in consideration of the mutual benefits flowing from each
to the other do thereby agree as follows:
ARTICLE 1 - STA TEMENT OF AGREEMENT
1. 1 The County GIS Service Bureau will provide County geographic data to Ihe City. The
City enters into this Agreement to initiate the exchange of updated geographic and land
information oUffined in Exhibit A with the County on an ongoing basis.
ARTICLE 2 - TERM OF THE AGREEMENT
2.1 The periOd of performance of this Agreement shall commence On dale of execution
and continue on thereafter, on a year to year basis, under the same terms and conditions
herein Provided, unless terminated earlier under Article 6, or replaced with another
agreement.
ARTICLE 3 - SHARING AND OWNERSHIP
3.3 The City agrees to abide by standards set forth by the County in EXhibit A to:
3.1 Each Party shall be resPonsible for mOdiffcalions Or alleralions required at its localion
for shanng and Ubhzatlon of geographic and land information
3.2. Each Party shall provide and maintain in its geographic and land information system
environment the mformat/on speciffed in this Agreement under EXhibit A. Said information
shall be malntamed 10 the manner (inclUding format, accuracy, symbology, and limeliness)
also specified 10 EXhibit A and enhanCed as mutually agreed upon. In some cases, this Will
require mOd/llcatlon to current practices. In such cases, each Party Will bear the cost of
reqUIred mOdlllcabons to its reSPectiVe environment. SUch informalion shall be accessible
to both Parties, SUbject to access and security procedures, license agreements, and
Federal, State and lOcal law.
· Satisfy statutory requirements
· Ensure compatibility of information
· Improve Productivity in apPlicalions development
· Simplify procedures for end users.
· Create greater efficiency in information sharing
ARTICLE 4 - PROJECT MANAGEMENT/NOTICE
4. 1 Until otherwise notilled in writing, the Project Manager for the City is T err; Owens, City
of Boynton Beach, at 100 E. Boynton Beach Boulevard, Boynton BeaCh, FlOrida 33435 at
telephone (561) 742-6077. The Project Manager for the County is Kelly Ratchinsky, Palm
Beach County, Information Systems Services, Gts Services, at 301 N. Olive Avenue, West
Palm Beach, FL 33401, telephone (561) 355-4275. The Parties shall direct all matters
arising in connection with the performance of this Agreement to the attention of the Project
Managers for resolution Or action. The Project Managers shall be responSible for Overall
coordination and OVersight relating to the performance of this Agreement.
4.2 All notices, demands, or other communications to the Parties under this Agreement
shall be in wriUng and shall be deemed receiVed if sent by certiffed mail, return receipt
requested, to:
Attention:
Terri Owens Copies to:
City of Boynton BeaCh
100 E. Boynton BeaCh BlVd.
Boynton Beach, Fl 33435
City Manager
City of Boynton BeaCh
100 E. Boynton BeaCh BlVd.
Boynton Beach, Fl 33435
palm Beach County GIS COOldination
Attention'. countyWide GIS COOldinator
30'\ N. O\ive Avenue, 4th F\oor
West Palm Beach, FL 3340'\
1he parties agree to provide a copy 01 all such notices under this Agreement to each
Project Manager. All notices required by this Agreement shall be considered delivered
upon receipt. Should either party change its addresS lor notifications, written notice 01 such
new address shall prompUY be sent to the other party .
copies to:
Palm Beach county Attorney's Office
30'\ N. Olive Avenue, 6th F\oor
West Palm Beach, FL 3340'\
AR11CLE 5 _INDENlNIFICA110N & INSURANCE
5.1 1he parties assume any and all risks 01 personal injury, bodily injury and property
damage attributable to the negligent acts or omissions 01 the Parties and the officers,
employeeS, servants, and agents thereol. Each 01 the Parties, as a local government
agency, warrants and represents that it is sell tunded 101 liability insurance, or has liability
insurance, both public and property, with such protection being applicable to the Parties by
their officers, employees, servants and agents while acting within the scope 01 their
emplOyment with the Parties. 1he Parties lurther agree that nothing contained herein shall
be construed or interpreted as (1) denying to either party any remedy or delense available
to such party under the lawS 01 the State 01 Florida; (2) the consent 01 the State 01 Florida
or its agents and agencies to be sued; or (3) a waiver 01 sovereign immunity 01 the State of
Florida beyond the waiver provided in Section 768.28, Florida StaMes.
ARTICt.E 6- TERNlINA nON/SUSPENSION
6.1 This Agreement may be terminated by written notice 01 either Party to the other, to be
effective twelve (12) months aller receipt. However, termination shall be carelUllY
considered due to the potential cost and disruption 01 operations to each 01 the parties
6.2 Data sharing may be suspended lor lailure to adopt County standards or lor the
adoption of policies or engagement in activities which adverselY affect the sharing or
maintenance 01 said inlormation. Notice 01 proposed suspension shall be delivered to the
other party at least fIVe (5) working days prior to suspension. The notice shall state the
reasons for the proposed suspension and Suggest corrective actions and a time !Tame
within which these corrective actions may be taken to avoid suspension. suspended
access to shared information shall be restored as soon as reasonably possible following
receipt of notice that sufficient corrective action has been taken.
6.3 Each Party may enact an emergency suspension of data sharing. The Countywide GIS
Coordinator shall declare an emergency suspension and temporarily, but immediately,
suspend or reduce access to information for just cause. Reasons for emergency
suspension include, without limitation, equipment failure; unauthorized geographic
information access; high potential for sabotage; failure to adopt and enforce standards; and
adoption of policies or engagement of activities which otherwise adversely affect the
operation, security or maintenance of the geographic information.
The Countywide GIS Coordinator shall notify the County GIS Policy Advisory Committee,
and the other affected Party immediately of any emergency suspension. The notice shall
state the reasons for the emergency suspension and suggest corrective actions and a time
frame within which these correction actions may be taken to safely allow restoration of
access to geographic information. If the Countywide GIS Coordinator is confident that
actions have adequately corrected the situation, access to information shall be restored.
ARTICLE 7 - STANDARDS OF COMPLIANCE
7.1 The Parties, their employees, subcontractors or assigns, shall comply with all
applicable federal, state, and local laws and regulation relating to the performance of this
Agreement.
7.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the
event it is necessary for any party to initiate legal action regarding this Agreement, venue
shall be in the Fifteenth Judicial Circuit Court.
7.3 The Parties shall allow public access to all project documents and materials in
accordance with the provisions of Chapter 119, Florida Statutes. Should any Party assert
any exemptions to the requirements of Chapter 119 and related Statutes, the burden of
establishing such exemption, by way of injunctive or other relief as provided by law, shall be
upon the asserting party.
7.4 The Parties hereby assure that no person shall be excluded on the grounds of race,
color, creed, national origin, handicap, age, sex or sexual orientation, from participation in,
denied the benefits of, or be otherwise subjected to discrimination in any activity under this
Agreement. The Parties shall take all measures necessary to effectuate these assurances.
ARTICLE 8 - GENERAL PROVISIONS
8.1 Each party shall not assign, delegate, or otherwise transfer its rights and obligations
as set forth in this Agreement without the prior written consent of the other Party. Any
attempted assignment in violation of this provision shall be void.
8.2 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not
be held liable for any failure or any delay in the performance of this Agreement that arises
from fires, floods, strikes, embargoes, act of the public enemy, unusually severe weather,
outbreak of war, restraint of Government, riots, civil commotion, force majeure, acts of God,
or for any other cause of the same character which is unavoidable through the exercise of
due care and beyond the control of the Parties. Failure to perform shall be excused during
the continuance and restorative aftermath period of such circumstances, but this
Agreement shall otherwise remain in effect. This provision shall not apply ifthe "Statement
of Work" of this Agreement specifies that performance by the Parties is specifically required
during the occurrence of any of the events herein mentioned.
8.3 In the event any provisions of this Agreement shall conflict, or appear to conflict, the
Agreement including all exhibits, attachments and all documents specifically incorporated
by reference, shall be interpreted as a whole to resolve any inconsistency.
8.4 Failures or waivers to insist on strict performance of any covenant, condition, or
provision of this Agreement by the Parties, their successors and assigns shall not be
deemed a waiver of any of its rights or remedies, nor shall it relieve the other party from
performing any subsequent obligations strictly in accordance with the terms of this
Agreement. No waiver shall be effective unless in writing and signed by the party against
whom enforcement is sought. Such waiver shall be limited to provisions of this Agreement
specifically referred to therein and shall not be deemed a waiver of any other provision. No
waiver shall constitute a continuing waiver unless the writing states otherwise.
8.5 Should any term or provision of this Agreement be held, to any extent, invalid or
unenforceable, as against any person, entity or circumstance during the term hereof, by
force of any statute law or ruling of any forum of competent jurisdiction, such invalidity shall
not affect any other term or provision of this Agreement, to the extent that the Agreement
shall remain operable, enforceable and in full force and effect to the extent permitted by
law.
8.6 This Agreement may be amended only with the written approval of the Parties hereto.
8.7 This Agreement states the entire understanding and Agreement between the Parties
and supersedes any and all written or oral representations, statements, negotiations, or
Agreements previously existing between the Parties with respect to the subject matter of
this Agreement.
The Parties recognize that any representations, statements or negotiations made by the
Parties' staff do not suffice to legally bind the Parties in a contractual relationship unless
they have been reduced to writing and signed by the Parties' representatives. This
Agreement shall inure to the benefit of and shall be binding upon the Parties, their
respective assigns, and successors in interest.
N',',' ~ "~__"",~._,""_...,,,,..,.,,",~'"
IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby
execute this Agreement on the date first written above.
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
City of Boynton Beach BY ITS MAYOR
By:
City Attorney
By:
Title:
Date:
Mayor
ATTEST:
, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
PALM BEACH COUNTY, FLORIDA
By:
By:
Title: Tony Masilotti, Chairman
County Attorney
EXHIBIT A
Geographic data requested from the City as available includes but is not limited to:
- Situs Address W /Parcel Control Number
- Address Range/Centerline Corrections & Updates (with metadata)
- Capture/updates of Planimetric Map Layers
- County Maintained Roads within jurisdiction (for verification purposes)
- Hydrants
- Park Locations
- Vegetation Information
- Preserves
- Existing Land Use
- Zoning
- Critical Facilities
- New Plats (digital)
- Hazardous Materials
- Water Service Boundaries
The data to be provided by the County will be any geographic data published by Countywide
GIS to include, but not limited to:
- Centerline File
- Parcel Graphics and Database (based on current Tax Roll)
- Digital Ortho Photography (with available metadata)
- Situs Addresses
Mechanisms and schedules for exchange of data will be decided by the Project Managers upon
execution of this Agreement, incorporating the most efficient vehicle and format possible.
Specific standards issues which shall be addressed include, but are not limited to;
Geocoding/addressing standards (e.g. street names and addresses)
Information quality control objectives and methods
Information sources and lineages
Positional accuracy/precision of map content and sources
Information category conventions
Information completeness and update cycles
Documents to be provided upon execution: Countywide Standard for Address Records in
Electronic Databases CW-O-047.
March, 2005
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVl
VI.-CONSENT AGENDA
ITEM C.4.
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meetinl!. Dates in to City Clerk's Office Meetml!. Dates
0 April 5, 2005 March ]4,2005 (Noon.) 0 June 7, 2005
0 April 19, 2005 April 4, 2005 (Noon) 0 June 2 I, 2005
0 May 3, 2005 ~I ]8,2005 (Noon) [8] July 5, 2005
0 May]7,2005 May 2, 2005 (Noon) 0 July] 9,2005
Date Final Form Must be Turned ill
to City Clerk's Office
May 16,2005 (Noon)
June 6,2005 (Noon)
June 20, 2005 (Noon)
July 5,2005 (Noon)
C)~
"::-\.<
0 Administrative 0 Development Plans
NATURE OF [8] Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
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RECOMMENDATION:
Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with Reichard
Holdings LLC for the property at 7887 Coral Street, Lake Worth, FL (Tropical Terrace LT 181).
EXPLANATION:
The parcel covered by this agreement includes a single-family home located in Tropical Terrace. Only potable water
is available for connection to the property at this time. (See location map)
PROGRAM IMPACT:
A Water Distribution exists on this street, allowing for the service to this parcel. No additional construction will be
required by the City to serve this property.
FISCAL IMPACT: None
fV-
Department Head's Signature
Ith;. the Uti Uti.. ..mee .r~
City Manager's Signature
Department Name
"~
City Attorney I Finance I Human Resources
XC: Peter Mazzella (wi copy ofattachments)
Michael Rumpf, Planning & Zoning
Anthony Penn
File
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION NO. R05-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND DIRECTING
5 EXECUTION OF AN AGREEMENT FOR WATER
6 SERVICE OUTSIDE THE CITY LIMITS AND
7 COVENANT FOR ANNEXATION BETWEEN THE CITY
8 OF BOYNTON BEACH AND REICHARD HOLDINGS,
9 LLC; PROVIDING AN EFFECTIVE DATE.
10
11
12 WHEREAS, the subject property is located outside of the City limits, but within our
13 water and sewer service area, located at 7887 Coral Street, Lake Worth, Florida (Tropical
14 Terrace Lot 181); and
15 WHEREAS, the parcel covered by this agreement will include a single-family home
16 located in Tropical Terrace project area; and
17 WHEREAS, a water distribution main has recently been completed on this street
18 allowing for the service to this parcel; and
19 WHEREAS, no additional construction will be required by the City to serve this
20 property.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
24 being true and correct and are hereby made a specific part of this Resolution upon adoption
25 hereof.
26
Section 2.
The City Commission hereby authorizes and directs the City Manager
27 to execute a Water Service Agreement between the City of Boynton Beach, Florida and
28 Reichard Holdings, LLC, which Agreement is attached hereto as Exhibit "A".
S:\CA\RESO\Agreements\Water Service\Reichard Holdings Water Service Agreement.doc
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Attest:
Section 3.
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _ day of
, 2005.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
City Clerk
S:\CA \RESO\Agreements\Water Service\Reichard Holdings Water Service Agreernent.doc
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
AGREEMENT FOR WATER SERVICE OUTSIDE
THE OTY UMITS AND COVENANT FOR ANNEXATION
THIS AGREEMENT made on this _ day of ,200_, by and between
--R e ~ ~ Ho I d i 11~"!. LLQ hereinafter called the "Customer", and the CITY
OF BOYNTON BEACH, a ruclpal corporatIon of the State of Florida, hereinafter called the
"City".
WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of
Boynton Beach, Florida; and
WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water
service to the property owned by Customer; and
WHEREAS, the City of Boynton Beach has the ability to 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
the earliest practicable time.
NOW THEREFORE, for and in consideration of the privilege of receiving water service from
the Municipal Water System and the mutual covenants expressed herein, the 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 Water
System to service the real property described as follows and which Customer represents is owned by
Customer: (Exlnbit A)
{. S?
2. The Customer and the City hereby agree that there are t;e Equivalent Residential
Connections which City shall service.
3. The Customer agrees to 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 Development 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.
1
All such lines shall be approved by the Director of Utilities and subject to inspection by the City
Engineers. The City shall have the option of either requiring the Customer to perform the work
necessary to conform the lines or the City may have the work performed on behalf of the Customer,
in which case the 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 necessary to
pay the total actual costs incurred by the City.
4. Any water main extension made pursuant to this Agreement shall be used only by the
Customer, unless written consent is granted by the City of Boynton 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
Distribution System to and including the metered service 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 outside the City limits applicable under City Ordinances and rate
schedules which are applicable which may be changed from time to time.
7. Any rights-of-way or easements necessary to accommodate the connections shall be
provided by the Customer to the City.
8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable
Special Power of Attorney granting to the City the power and authority to execute and advance on
behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall
cooperate with the City and not raise opposition or challenge to such annexation if and whet)
annexation is initiated. The property shall be subject to annexation at the option of the City at arty"
time the property is eligible under any available means or method for annexation. Customer will
inform any and all assigns or purchasers of any or part of this property of this covenant and of the
irrevocable special power of attorney, but Customer's failure to provide such notice shall not
constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that
the consideration of initially connecting to the City's water supply is sufficient to support the grant of
the power of attorney any subsequent disconnection or lack of service shall in no way impair the
power of attorney nor constitute a diminution or lack of consideration.
2
9. Annexation is intended to be and is hereby made a covenant running with the land
described in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be
recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent
transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors
and assigns.
10. It is agreed that the City shall have no liability in the event there is a reduction,
impairment or tennination in water service to be provided under this Agreement due to any
prohibitions, restrictions, limitations or requirements oflocal, regional, State or Federal agencies or
other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event
there is a reduction, impairment or tennination of water service due to acts of God, accidents, strikes,
boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's
reasonable control.
11. The Customer hereby agrees to indemnify, defend and hold hannless the City of
Boynton Beach, Florida, its Mayor, Members ofthe City Commission, Officers, employees and agents
(Both in their individual and official capacities) from and against all claims, damages, law suits and
expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with
post judgment collection) and costs rising out of or resulting from the Customer's obligation under or
performance pursuant to this Agreement including disputes for breach of warranty of title.
12. No additional agreements or representations shall be binding on any of the parties
hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be
valid upon the parties unless in writing executed by the parties to be bound thereby.
13. The Customer warrants to the City that Customer holds legal and beneficial title to the
property which is the subject of this Agreement.
..
\ - IN WITNESS WHEREOF, the parties hereto have set their hands and seals this ~ day of
~ \lY\<- , 20~.
~~-
Witness Signature
f.1'~/l ,t;.I~('Z..e~~~/
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Printed Witness Name
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Witness Signature
CORPORATION AS OWNER(S):
~ ~ J-~ ~
dent's SIgnature
.~o~- ~_ ~~\.~~&~
Printed President's Name
..-:-- ~
\ tclJ l^u:-
Printed Witness Name
3
12~~. JU
Witness S~ature Vice President/Secretary's Signature
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P~ Wit~Name
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Witness Signature
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Printed Vice President/Secretary's Name
\:"cl~ Tr~
Printed Witness Name
(CORPORATE NOTARIZATION)
FOR CORPORATE NOTARIZATION:
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
~oresaid and . the County aforesaid,.J.o tak~ acknQwle~ments, personally appeared
~L..ul.. a,,'e&.._...,) d-= - ~ O~v-- \ Le.- ~ ....r Q to me known to be the
person(s) described in and who executed the foregoing instrument that he/she acknowledged before
me that he/she executed the same; that the individual was personally known to me or provided the
following proof of identificationfL 'D L .
-r- WITNESS my hand and official seal in the County and State last aforesaid this L- day o.f
~ ""\~ ,2005"
(Notary Seal)
~~--
/ Notary Public
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'/'~O;f\.O~,,- BondedThru'
WI~ES~: Atlantic Bonding Co., Inc.
CITY OF BOYNTON BEACH, FLORIDA
Kurt Bressner, City Manager
AITEST:
City Clerk
STATE OF FLORIDA )
4
) ss:
COUNTY OF PALM BEACH)
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
, City Manager and , City Oerk
respectively, of the City named in the foregoing agreement and that they severally acknowledged
executing same in the presence of two subscnbing witnesses freely and voluntarily under authority
duly vested in them by said City and that the City seal affIxed thereto is the true corporate seal affixed
thereto is the true corporate seal of said City.
WITNESS my hand and official seal in the County and State last aforesaid this
,200__
day of
(Notary Seal)
Notary Public
Approved as to form:
City Attorney
5
Palm Beach County Property Appraiser Property Search System
Page 1 ot 1
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Property Information
Location Address: CORAL ST
Municipality:
Parcel Control Number:
Subdivision:
Official Records Book:
legal Description:
UNINCORPORATED
00-43-45-10-07-000-1810
TROPICAL TERRACE IN
Page: Sale Date:
TROPICAL TERRACE LT 181
Owner Information
Name: REICHARD HOLDINGS LLC
Mailing Address: 7601 W lAKE DR
WEST PALM BEACH FL 33406 8739
Sales Information
Sales Date Book/Page
Jan-2005 18056/660
Price Sale Type Owner
$61,250 WARRANTY DEED REICHARD HOLDINGS LLC
May-2004
17222/476
$10 REP DEED
ATKINS LILLIAN M
[Exemptions
Exemption Information Unavailable.
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
2004 2003 2002 Tax Year 2004
$50,83 $45,545 $40,564 Number of Units: 0
$21,35 $ 19,20Cl $ 15,OO(] *Total Square Feet: 5,000.69
$72,18 $64,745 $55,564 Acres: 0.1148
Use Code: 0000
Description: VACANT
* in residential properties may indicate living area.
Assessed and Taxable Values
Tax Year: 2004
Assessed Value: $39,72
Exemption Amount: $25 00
Taxable Value: $14,72
2003
$38,984
$25,00
$13,98
~
T VI
ax a ues
Tax Year: 2004 2003 2002 l~~
Ad Valorem: $287 $273 $257
Non Ad Valorem: $191 $192 $185 Ij.;""""";i"i~""""i,ii!}.<~~,
Total Tax: $478 $465 $442
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detail on one page.
Record Search I Information I Exemptions I Community I Employment I New Home Buyer I Office LQCations
Value Adiustment Board I Save Our Homes I Senior Corner I DisclailT]e..I
Home I Links I Glossary I FAQ I forms I Contact Us I PAPA
@ 2004 Palm Beach County Property Appraiser.
Q~j0',+4
http://www.co.palm-beach.fl.uslpapa/aspx/web/detail_info.aspx?p _ entity=004345I 0070001... 6/2/2005
..u. COUn1y
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rfiLM BEACH COUNTY
PLANNING, ZONING & BUILDING DEPARTMENT
BUILDING DIVISION-
PERMIT
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ilT us AT WWW.PBCBOV.COM/PlB
OUR BUILDING DIVISION PAGE YOU
VIEW PLAN REVIEW TRACKING,
MIT & INsPECTrON HISTORY, AND
TRACTOR LICENSING INFORMATION.
~ WE WELCOME YOUR COMMENTS! *'
REICHARD, JOHN
AODIIESS:
789'7 CORAL Sf
NN~
TROPICAL TERRACE
)R NAME:
JOHN P REICHARD
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APPLlCAHrS COpy
f
TlIl$ l'I!!lMtT MlI!If . YIlUD~nD
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
3099 East Commercial Blvd.
Suite 200
Fl. lauderdale, Fl 33308
IRREVOCABLE SPECIAL POWER OF A TIORNEY
(By Corporations)
STATE OF FLORIDA
COUNTY OF ~Wl ~~
I/We, 'Kel~o..\c.\ \-ktcJ.\V\VS.LLC-- , hereinafter "Grantee", 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 subject of this power is described as
follows:
co---lf3> -f.{S - to - 07- 000 - 16/0
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the 7.- day of
-:s- \,] ~ c... , 20 OS and the powers and authority shall be irrevocable by
Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the L
day of -:.\ \oJ '" c.......- , in the year two thousand and 0 S-
Sealed and delivered in the presence of
e~~--
Witness Sigflature
~ Yft- ~ t::AfJY>2 <E" ~5' K-"T
Printed Witness Name
(X) oD
~OJ..& dlU..O
Witness Signature
P~Si9~
So"'~ ~el(:.lfJ-.rct
Printed President's Name
To<k~ ~n~~
Printed Witness Name
~:?~~--
ty~/ 1{-t7<;2-e~/::/
Printed Witnes~ Name
Secretary/ Vice President's Signature
S ht!l/~ l!er'cLorrJ
Printed Secretary/ Vice President's Name
~ 0 ~& ~N..Q.
Witness Signature
..----- ;---
\ oJ..J. \~<==-
Printed Witness Name
8T ATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
THE FOREGOING INSTRUMENT was acknowl~ged rbefore me this L- day
of ..:::s- \J '" ~ 20 OS, by ..:r 0 h.... . ~ e. '-U\.w ~ and
~ ~ ~ \~ ~Z e...l~q,J.. , who are known to me or who have produced
, as identification and who did/did not take an oath.
~A~~~IC
.:rcl\- ~ "......
Type or Print Nam~.
Commission No. u'U z. '1 Jq. &'0
,'''''I, John Bruan
,,~~'t.~lJ8.~'" . ~J'
{~~.. "~\ Commission #OD297960
-." A .*- ..
::~. :~: Exprres: Mar 08,2008
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM C.S.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned m
Meetine. Dates in to City Clerk's Office Meetine. Dates to City Clerk's Office
0 AprilS, 2005 March 14,2005 (Noon.) 0 June 7, 2005 May 16,2005 (Noon)
0 April] 9, 2005 Apri] 4, 2005 (Noon) 0 lune21,2005 June 6, 2005 (Noon)
0 May 3, 2005 April 18, 2005 (Noon) ~ July 5, 2005 June 20,2005 (Noon)
0 May]7,2005 May 2, 2005 (Noon) 0 July] 9, 2005 July 5, 2005 (Noon)
NATURE OF
AGENDA ITEM
C)
:--.1--1
.-
0 0 -, '
Administrative Development Plans L_ ~( c::.
c= --. --q
~ Consent Agenda 0 New Business --co
! C)
0 Public Hearing 0 Legal \.D -
'.
-,..-
0 Bids 0 Unfinished Business -v :1 --:
.- c':)
0 Announcement 0 Presentation ~
c..:> 'l:=g
0 City Manager's Report ,'0 CJ }.>
cr':. ill ('j
~
RECOMMENDATION:
Motion to approve and autborize signing of an Agreement for Water Service Outside tbe City Limits witb Reicbard
Holdings LLC for tbe property at 7895 Coral Street. Lake Wortb, FL (Tropical Terrace LT 183).
EXPLANATION:
Tbe parcel covered by tbis agreement includes a single-family home located in Tropical Terrace. Only potable water
is available for connection to tbe property at this time. (See location map)
PROGRAM IMPACT:
A Water Distribution exists on tbis street. allowing for tbe service to tbis parcel. No additional construction will be
required by tbe City to serve tbis property.
FISCAL IMPACT: None
lTE:NAT}"iS' :::00.. This p.r.~ is wltbin tb. Utilltl" servi.. area. ~
~ ~~ ~~~
Department Head's Signature City Manager'rs Signature
Department Name
~~
~
City Attorney I Finance I Human Resources
XC: Peter Mazzella (wi copy of attachments)
Michael Rumpf, Planning & Zoning
Anthony Penn
File
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION NO. ROS-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND DIRECTING
5 EXECUTION OF AN AGREEMENT FOR WATER
6 SERVICE OUTSIDE THE CITY LIMITS AND
7 COVENANT FOR ANNEXATION BETWEEN THE CITY
8 OF BOYNTON BEACH AND REICHARD HOLDINGS,
9 LLC; PROVIDING AN EFFECTIVE DATE.
10
11
12 WHEREAS, the subject property is located outside of the City limits, but within our
13 water and sewer service area, located at 7895 Coral Street, Lake Worth, Florida (Tropical
14 Terrace Lot 183); and
15 \VHEREAS, the parcel covered by this agreement will include a single-family home
16 located in Tropical Terrace project area; and
17 WHEREAS, a water distribution main has recently been completed on this street
18 allowing for the service to this parcel; and
19 \VHEREAS, no additional construction will be required by the City to serve this
20 property.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
24 being true and correct and are hereby made a specific part of this Resolution upon adoption
25 hereof.
26
Section 2.
The City Commission hereby authorizes and directs the City Manager
27 to execute a Water Service Agreement between the City of Boynton Beach, Florida and
28 Reichard Holdings, LLC, which Agreement is attached hereto as Exhibit "A".
S:\CA \RESO\Agreements\Water Service\Reichard Holdings Water Service Agreement 7895.doc
1
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3
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Attest:
Section 3.
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _ day of
,2005.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
City Clerk
S:\CA\RESO\Agreements\Water Service\Reichard Holdings Water Service Agreement 7895.doc
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
AGREEMENT FOR WATER SERVICE OUTSIDE
TIIE OTY LIMITS AND COVENANT FOR ANNEXA nON
NT made on this _ day of ,200_, by and between
e' c- \.it . L.. L~ hereinafter called the "Customer", and the OTY
OF BOYNTON BEACH, a mo .cipal corporation of the State of Florida, hereinafter called the
"City".
WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of
Boynton Beach, Florida; and
WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water
service to the property owned by Customer; and
WHEREAS, the City of Boynton Beach has the ability to 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
the earliest practicable time.
NOW THEREFORE, for and in consideration of the privilege of receiving water service from
the Municipal Water System and the mutual covenants expressed herein, the 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 Water
System to service the real property described as follows and which Customer represents is owned by
Customer: (Exhibit A)
,. 'i
2. The Customer and the City hereby agree that there are ~ Equivalent Residential
Connections which City shall service.
3. The Customer agrees to 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 Development 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.
1
All such lines shall be approved by the Director of Utilities and subject to inspection by the City
Engineers. The City shall have the option of either requiring the Customer to perform the work
necessary to conform the lines or the City may have the work performed on behalf of the Customer,
in which case the 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 necessary to
pay the total actual costs incurred by the City.
4. Any water main extension made pursuant to this Agreement shall be used only by the
Customer, unless written consent is granted by the City of Boynton 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
Distribution System to and including the metered service 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 outside the City limits applicable under City Ordinances and rate
schedules which are applicable which may be changed from time to time.
7. Any rights-of-way or easements necessary to accommodate the connections shall be
provided by the Customer to the City.
8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable
Special Power of Attorney granting to the City the power and authority to execute and advance on
behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall
cooperate with the City and not raise opposition or challenge to such annexation if and when,
annexation is initiated. The property shall be subject to annexation at the option of the City at any
time the property is eligible under any available means or method for annexation. Customer will
inform any and all assigns or purchasers of any or part of this property of this covenant and of the
irrevocable special power of attorney, but Customer's failure to provide such notice shall not
constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that
the consideration of initially connecting to the City's water supply is sufficient to support the grant of
the power of attorney any subsequent disconnection or lack of service shall in no way impair the
power of attorney nor constitute a diminution or lack of consideration.
2
9. Annexation is intended to be and is hereby made a covenant running with the land
described in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be
recorded in the Public Records ofPahn Beach County, Florida, and the Customer and all subsequent
transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors
and assigns.
10. It is agreed that the City shall have no liability in the event there is a reduction,
impairment or tennination in water service to be provided under this Agreement due to any
prohibitions, restrictions, limitations or requirements oflocal, regional, State or Federal agencies or
other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event
there is a reduction, impairment or tennination of water service due to acts of God, accidents, strikes,
boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's
reasonable control.
11. The Customer hereby agrees to indemnify, defend and hold harmless the City of
Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents
(Both in their individual and official capacities) from and against all claims, damages, law suits and
expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with
post judgment collection) and costs rising out of or resulting from the Customer's obligation under or
performance pursuant to this Agreement including disputes for breach of warranty of title.
12. No additional agreements or representations shall be binding on any of the parties
hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be
valid upon the parties unless in writing executed by the parties to be bound thereby.
13. The Customer warrants to the City that Customer holds legal and beneficial title to the
property which is the subject of this Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this _ day of
,200_.
WITN~~~
Witness Sigri"ature
~"'^- k #YS;2C><--~/c/
~~itne~
Witness Signature
CORPORATION AS OWNER(S):
~de~gnature
::S-~ Q e ~~cC ~
Printed President's Name
r--. ,--
hd& \ nJU.?
Printed Witness Name
3
i&~
Witness Signatur.
riZy~ '" k k/Y'>zeir/s!=-,'
P~~ Witness Name
~~
Witness Signature
~~
~
Vice President/Secretary's Signature
S'~ ~~ ;f!Q/c4nc./
Printed Vice President/Secretary's Name
~ ~
\~J l fcL
Printed Witness Name
(CORPORATE NOTARIZATION)
FOR CORPORATE NOTARIZATION:
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH)
I HEREBY CERTIFY tbat on tbis day, before me, an officer duly autborized in tbe State
aforesaid and in tbe CouIAty aforesaid to takJf acknowledgments, personally appeared
J""u\~ ~e I d'oJ'C\ .,.. SA....,f.... <<- G.' c.,..k.v.A to me known to be tbe
person(s) described in and wbo executed tbe foregoing instrument tbat he/she acknowledged before
me tbat be/sbe executed tbe same; tbat tbe individual was personally know..E to me or provided tbe
following proof of identification:
T WITNESS my band and official seal in tbe County and State last aforesaid this 'L day of
--...J 1Jf\.e. , 20QS
(Notary Seal)
"""" JohnBnmn
,,~~'f.~I.JI!i.'I, ~J~
~~., "~'~ CommissiontiDD297960
~ ~.~.:;~ Expires: Mar 08, 2008
-""~ . . . 'o;f,C: Bonded Tbru
"III~~l~'''' Atlantic Bolding Co., Inc.
f~ ~t:-
Notary Public
WITNESS:
CITY OF BOYNTON BEACH, FLORIDA
Kurt Bressner, City Manager
ATTEST:
City Clerk
STATE OF FLORIDA )
4
) ss:
COUNTY OF PALM BEACH)
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
, City Manager and , CityOerk
respectively, of the City named in the 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 thereto is the true corporate seal affixed
thereto is the true corporate seal of said City.
WITNESS my hand and official seal in the County and State last aforesaid this
,200__
day of
(Notary Seal)
Notary Public
Approved as to form:
City Attorney
5
Palm Beach County Property Appraiser Property Search System
Yage 1 ot 1
_~J3I~!E~':~~?F'G\~ .-',' ~fop'er:t.Y ,A'ppr~iur's Pt:blic Acces~ Syst8m
t~*~...~;~ ......,:J ~ .l,.. ~.... '-' ... r' . .- --- .,.
~~tt:iit::~~J;:, ; ,>":': - c'. r~ .:,- 'i r-:- r : " -. ','
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Property Information
Location Address: CORAL ST
_-".~~l
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-45-10-07-000-1830
Subdivision: TROPICAL TERRACE IN
Official Records Book: 18056 Page: 1335 Sale Date: Jan-2005
Leqal Description: TROPICAL TERRACE LOT 183
Owner Information
Name: REICHARD HOLDINGS LLC
Mailing Address: 7601 W LAKE DR
WEST PALM BEACH FL 33406 8739
Sales Information
Sales Date Bookl Page
Jan-2005 18056/1335
Price Sale TYRe Owner
$61,250 WARRANTY DEED REICHARD HOLDINGS LLC
May-2004
17222/476
$10 REP DEED
ATKINS ULUAN M
[Exemptions
Exemption Information Unavailable.
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
Use Code: 0000
2004
Tax Year 2004
Number of Units: 0
*Total Square Feet: 0.00
* in residential properties may indicate living area.
A
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ssesse an axa e a ues
Tax Year: 2004 2003 2002
Assessed Value: $12.23 $11,000 $11,00 ~
Exemption Amount: $ $0 $ ,'"-.,,,.'. ,', '- ,- - -,
Taxable Value: $12,23 $11,000 $11,00
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
~
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IIIII~~"""'" '-' 1_~~"'''.~fr''C'''_1
NOTE: Lower the top and bottom margins to 0.25 on FiIe->Page Setup menu option in the browser to print the
detail on one page.
Record Search I Information I Exemptions I Community I Employment I New Home Buyer I Office Locations
Value Adjustment Board I Save Our Homes I Senior Comer I Disclaimer
Home I Unks I Glossary I fAQ I Forms I Contact Us I PAPA
@ 2004 Palm Beach County Property Appraiser.
~xl~0;1- A
http://www.co.palm-beach.fl.us/papa/aspx/web/detail_info.aspx?p _ entity=0043451 0070001.,. 6/2/2005
\ INSPECTIONS
(561) 233-5180
(561) 278-2991 So. County
. ....;lmOm 24. Hour Notlce
.
PALM BEACH COUNTY
PLANNING. ZONING & BUILDING DEPARlMENT
BUILDING DIVISION
\'._-~
PERMIT
,,:,~-:
VISIT US AT WWW.PBCGOV.COM/PZB
ON OUR BUILDING DIVISION PAGE YOU
CAN VIEW PLAN REVIEW TRACKINS,
PERMIT & INSPECTION HrSTO~Y, AND
CONTRACTOR LICENSING rNFORMATION.~
*1 WE WELCOME YOUR COMMENTS! **
*** INSPECTION SCHEDULING .*l
*** NEW TELEPHONE~UM~ER *~*
STARTIN6 JANUARY 3, 2Q05 THE NEW
INSPECTION SCHEDUL!N6TELEPHONE
NUMBER WILL BE 355-2222.
--
REICHARD, JOHN
OWNER:
PROPERTY ADDReSS:
7895
CORAL ST
~:.:;0-'l~:\
SU8DMSION NAME:
TROPICAL TERRACE
r-l\fT'AACTOR NAME:
JOHN P REICHARD
.- .:
" ~ r
I I~'~<..f~:.t~:.:.~{>/
'-
'-"
A. ROLANO HOl\
""'" PmU1T 1lU5f BE "^lIDATEO
.,j'-'
II-'
4PPl 'r.AIIlT"!:l r.nr:tv
THIS INST RUMENT PREPARED BY:
James A. Cherof, Esquire
3099 East Commercial Blvd.
Suite 200
FI. lauderdale, Fl 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF '?a (VYl Pe.A-<" ~
I/We, f2c ; dw-~ 4/cL~S f LL~ , hereinafter "Grantee", 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 complet~~
a voluntary petition for annexation of the real property described herein into the CITY
OO'-lf3-l-f~-fO-()7- ooo-l2>2:>O
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the 2....4- day of
;) ~ . 20iliand the powers and authority shall be irrevocable by
Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the
",.A
G
day of
~"...<.
, in the year two thousand and '2 d~ )"
Sealed and delivered in the presence of
!? V~--
Witness Signature
! /
i! 7/:f ~ 0 ,~V'52~~ I
Printed Witness Name .
~~~
Witness Signature
ToJ.~ T I\e.e
Printed Witness Name
~
:s; J. Y) R e t' c l.. '" rol
Printed President's Name
JLt&v
Secretary! Vice President's Signature
/!F~---
Witness Signatur
~7Ayt &: 1::;:'/", S"2e-s/::t '
Printed Witness N~me /
S'h.e/~ ~el'c~,.-(
Printed Secretary! Vice President's Name
~~J
CD
dfUl.
Witness Signature
r.'\ r.->
D~d \ I"\<-~
Printed Witness Name
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
of
THE FOREGOING INSTRUMENT was acknowledged before me this <- day
J.....n.-< , 20"":), by s.'~~"'" ~t. n Rt>,.'ch... ,,-J and
>," t!'";{ -. u, 'c t.... ,. -4 , who are known to me 0 r who have produced
p '-- , as identification and who did/did not take an oath.
~~~BLlC
---...l () \"'w" _ C',\"'""-
Type or Print Name
Commission No. #- 0 0 2 cifl ~o
""'~::'~!" John B~
......t\~.-.""'<<...... .
=~., . .~~ CommisslOn #D 960
~ ;;.~.;~ Expires: Mar 08. 2008
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'1,,,,," AtlanticBo~Co..Jnc.
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-----~ iT
"'-. "- .- Location Map - 7895 Coral St
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ON v
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM C.6
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
0 April 5, 2005
0 April 19, 2005
0 May 3, 2005
0 May 17,2005
March 14,2005 (Noon.)
o June 7, 2005
o June 21, 2005
j;gJ July 5, 2005
o July 19,2005
May 16,2005 (Noon)
April 4, 2005 (Noon)
June 6,2005 (Noon)
April 18, 2005 (Noon)
June 20, 2005 (Noon)
May 2, 2005 (Noon)
July 5, 2005 (Noon)
.' '--1
>"0, .,.
. ~.....
. '
NATURE OF
AGENDA ITEM
o Administrative
j;gJ Consent Agenda
o Public Hearing
o Bids
o Announcement
o City Manager's Report
o Development Plans
o New Business
D
o
o
".,:::::;-
~:. "
Legal
Unfinished Business
N
P0
~.._;
. '-._-~;
, _~.r
.,
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Presentation
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RECOMMENDATION: Approval of the collective bargaining agreement between the City of Boynton Beach and the
National Conference of Firemen and Oilers, SEIU, AFL-Cm, CLC, Local 1227, White Collar Bargaining Unit.
EXPLANA TlON: On June 16,2005, the White Collar Bargaining Unit ratified the tentative collective bargaining agreement
reached between the City and Union.
PROGRAM IMPACT: Once approved this contract will be in effect from October of2004 through September of2006,
eliminating the current status-quo position of the expired contract, and will affect all employees currently represented by the
White Collar Bargaining Unit.
FISCAL IMPACT: This contract is in line with the specific direction given by the City Commission with regard to market
adjustment and merit cycle. All other programs, including Emergency Pay, Longevity, and Tuition Assistance are in line with
current City programs, as budgeted.
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City anager's Signature
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City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
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RESOLUTION R05-
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
RATIFYING THE AGREEMENT BETWEEN THE
CITY OF BOYNTON BEACH, FLORIDA AND THE
NATIONAL CONFERENCE OF FIREMEN AND
OILERS, SEIU, AFL-CIO, CLC, LOCAL 1227 -
WHITE COLLAR UNIT FOR THE PERIOD OF
OCTOBER 1, 2004 THROUGH SEPTEMBER 30, 2006,
AND AUTHORIZING AND DIRECTING THE
MAYOR AND CITY CLERK TO EXECUTE THE
AGREEMENT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Boynton Beach and the National Conference of Firemen
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and Oilers, SEIU, AFL-CIO, CLC, Local 1227 - White Collar Unit have successfully
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concluded negotiations for a two (2) year contract; and
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WHEREAS, the Agreement was ratified by the Bargaining Unit of the Union;
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and
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WHEREAS, the City Commission of the City of Boynton Beach deems it to be in
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the best interests of the residents and citizens of the City to ratify the Agreement and
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execute the same; and
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "WHEREAS" clauses are true and correct and hereby
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ratified and confirmed by the City Commission.
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Section 2.
The City Commission of the City of Boynton Beach, Florida does
34 hereby ratify the Agreement between the City of Boynton Beach and the National
S:\CA \RESO\Agreements\CBA Ratifications\NCFO WC 04 ,06.doc
Conference of Firemen and Oilers, SEIU, AFL-CIO, CLC, Local 1227 - White Collar
2 Unit for the period of October 1, 2004 through September 30, 2006, and authorizing and
3 directing the Mayor and City Clerk to execute the Agreement, a copy of said agreement
4 being attached hereto as Exhibit "A".
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Section 3.
This Resolution will become effective immediately upon passage.
6 PASSED AND ADOPTED this _ day of July, 2005.
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8 CITY OF BOYNTON BEACH, FLORIDA
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11 Mayor
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14 Vice Mayor
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17 Commissioner
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20 Commissioner
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23 Commissioner
24 ATTEST:
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27 City Clerk
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29 (Corporate Seal)
S:\CA \RESO\Agreements\CBA Ratifications\NCFO WC 04 - 06.doc
PROPOSED AGREEMENT
BETWEEN
THE CITY OF BOYNTON BEACH, FLORIDA
AND
THE NATIONAL CONFERENCE OF
FIREMEN AND OILERS, SEIU, AFL-CIO, CLC
LOCAL 1227
WHITE COLLAR BARGAINING UNIT
October 1, 2004 - September 30, 2006
TABLE OF CONTENTS
Article
Page
Preamble
5
2
Recognition
6
3
Rights of Employees
7
4
Management Rights
8
5
Strikes
10
6
Non-Discrimination
11
7
Representation of the City
12
8
Union Representation
13
9
Collective Bargaining
15
10
Union Time Pool
16
11
Bulletin Boards
17
12
Progressive Discipline
18
13
Grievance Procedure
28
14
Basic Work Week and Overtime.
31
15
Compensatory Time
33
16
Wages
34
17
Promotions, Reclassifications, Transfers & Demotions
35
18
Stand By and Call Back Pay
38
19
Emergency Pay
39
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City Of Boynton Beach
NCF&O/SEIU Local 1227
White Collar Bargaining Unit
20 Certification Pay 43
21 Pay for Training 44
22 Working in a Higher Class 45
23 Sick Leave 46
24 Workers Compensation 48
25 Light Duty 49
26 Vacation 50
27 Bonus Days 52
28 Holidays 53
29 Compassionate Leave 54
30 Military Leave 55
31 Leave of Absence 56
32 Unauthorized Absence 57
33 Jury Duty 58
34 Seniority, Layoff, Recall 59
35 Recruitment and Selection 61
36 Safety and Health 65
37 Insurance 66
38 Personnel Files 67
39 Tuition Reimbursement 68
40 General Provisions 75
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City Of Boynton Beach NCF&O/SEIU Local 1227
White Collar Bargaining Unit
41 Dues Deduction 76
42 Pension 78
43 Substance Abuse 79
44 Probationary Period 80
45 Longevity 81
46 Bonus Increase 82
47 Labor Management 83
48 Savings Clause 84
49 Maintenance of Conditions 85
50 Posting of Agreement 86
51 Collateral Documents 87
52 Duration 88
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City Of Boynton Beach
NCF&O/SEIU Local 1227
White Collar Bargaining Unit
ARTICLE 1
1.0 PREAMBLE
1.1 This agreement is entered into by and between the City of Boynton Beach,
Florida, hereinafter referred to as the "Employer" or "City", and the National
Conference of Firemen and Oilers, SEIU AFL-CIO, LOCAL 1227, hereinafter
referred to as the "Union".
The general purpose of this Agreement is to set forth terms and conditions of
employment and to promote orderly and meaningful labor relations for the mutual
benefit of the City of Boynton Beach in its capacity as an employer, the
employees, and the citizens of Boynton Beach.
1.2 The parties agree that nothing in this agreement shall prohibit the parties from
meeting and discussing any items of mutual interest in accordance with the law.
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City Of Boynton Beach
NCF&O/SEIU Loca11227
White Collar Bargaining Unit
ARTICLE 2
2.0 RECOGNITION
2. I The City of Boynton Beach hereby recognizes the National Conference of
Firemen and Oilers, SEIU LOCAL 1227 as exclusive representatives for the
bargaining_unit described below for the purpose of bargaining collectively with
the City relative to wages, hours, and terms and conditions of employment of the
pubic employees within the bargaining unit
2.2 The bargaining unit is comprised of those positions certified for inclusion by the
Public Employees Relations Commission.
2.3 In the event of a conflict between the foregoing list of positions included in the
bargaining unit and the unit as recognized by the Public Employees Relations
Commission (PERC), the unit recognized by the PERC shall control.
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City Of Boynton Beach
NCF&O/SEIU Local 1227
White Collar Bargaining Unit
ARTICLE 3
3.0 RlGHTS OF EMPLOYEES
3.1 The employees in the bargaining unit shall have the right to join or assist the
Union or to refrain from any such activity.
3.2 All provisions of this Agreement shall be applied fairly and equitably to all
employees in the Bargaining Unit.
3.3 Employees may request a Union representative to be present when they believe a
meeting with a supervisor may lead to discussions which could form the basis of
disciplinary action.
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City Of Boynton Beach
NCF&O/SEIU Local 1227
White Collar Bargaining Unit
ARTICLE 4
4.0 MANAGEMENT RIGHTS
4.1 Except and only to the extent that specific provisions of this Agreement expressly
provide otherwise, it is hereby mutually agreed that the City has and will continue
to retain, the right to organize, plan, direct, control, operate and manage its affairs
and those of its employees in whatever manner it deems appropriate in each and
every respect. The parties to this Agreement hereby agree that, in construing this
section, the legal principle that "the expression of one item is the exclusion of
another" shall not apply. Rather, full effect shall be given to the intention of the
parties that management shall retain all constitutional, ordinance, inherent,
common law, or other rights except to the extent specific provisions of this
Agreement expressly provide otherwise. The Union recognizes the prerogatives
of the City to operate and manage its affairs in all respects; and the powers and
authority, which the City has not abridged, delegated or modified by this
Agreement, are retained by the City. The rights reserved to the sole discretion of
the City shall include, but not be limited to, the right:
4.1.1 To determine the purpose and mission of the City and all its employees, to
determine the amount of budget to be adopted, and to exercise control and
discretion over the organization and operation of the City in all respects
including the right to determine whether goods or services are to be made,
provided or purchased and to decide the design and maintenance of the
departments, facilities, supplies and equipment.
4.1.2 To maintain economic stability.
4.1.3 To change or eliminate existing methods of operation, equipment, or
facilities and to adopt and implement technological changes or
improvements including, but not limited to, vehicles, and all other
materials or supplies.
4.1.4 To determine the methods, income and personnel by which such operations
are to be conducted including the right to contract and sub-contract
existing and future work.
4.1.5 To select, hire, test, classifY, promote, train, assign, retain, evaluate, lay-
off, schedule, and determine the qualifications of all employees.
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City Of Boynton Beach
NCF&O/SEIU Local 1227
White Collar Bargaining Unit
4.1.6 To suspend, demote, discharge, reprimand, or take other disciplinary
action against employees for just cause.
4.1.7 To determine the organization of City government.
4.1.8 To determine the purpose and extent of each of its constituents,
departments and positions therein.
4.1.9 To set standards for service to be offered to the public, and standards for
the performance of duties of job assignments.
4.1.10 To manage and direct the work of the employees of the City, including the
right to assign work and overtime.
4.1.11 To establish, determine, implement and maintain effective internal security
practices.
4.1.12 To determine the number, type and grades of positions or employees
assigned to an organizational unit, department or project.
4.1.13 To determine lunch, rest periods, and clean-up times, the starting and
quitting time, and the number of hours to be worked. Work schedules will
be posted, and will not be altered in the midst of normal pay periods.
4.1.14 To adopt or enforce cost or general improvement programs.
4.1.15 In a civil emergency, to use personnel in any lawful manner.
4.2 If, in the sole discretion of the City, it is determined that civil emergency
conditions exist, including, but not limited to, riots, civil disorders, hurricane
conditions, tornado, national emergencies, or other emergency conditions, the
provisions of this Agreement may be suspended by the City during the time of the
declared emergency.
4.3 The City has the right to impose something that is unilateral in nature, and the
Union has the right to object to that decision. If the City does impose something
on a unilateral basis and the Union after notice fails to object to that decision
within six (6) months, it shall be considered finally imposed.
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City Of Boynton Beach
NCF&O/SEIU Local 1227
White Collar Bargaining Unit
ARTICLE 5
5.0 STRIKES
5.1 The National Conference of Firemen and Oilers, SEIU, AFL-CIO, Local 1227, or
their member agents or designees, agree during the life of this Agreement that
they shall have no right to engage in any work stoppage, slow down, strike or
unlawful picketing.
5.2 In the event of a strike, work stoppage or interference with the operation and
accomplishment of the mission of the City Administration, a state or international
representative of the Union shall promptly and publicly disavow such strike or
work stoppage and order the employees to return to work and attempt to bring
about prompt resumption of the normal operations. The Union representatives
shall notify the City 12 hours after commencement of such strike, what legitimate
measures it has taken to comply with the provisions of this Article.
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City Of Boynton Beach
NCF&O/SEIU Local 1227
White Collar Bargaining Unit
ARTICLE 6
6.0 NON-DISCRIMINA TION
6.1 The Employer and the Union agree that all provisions of the Agreement shall be
applied to all employees covered by it and the Employer and the Union affirms
their joint opposition to any discriminatory practices to the extent prohibited by
law in connection with employment.
6.2 It is agreed that no employee shall be discriminated against, as prescribed by State
or Federal laws, in their employment because of race, creed, color, sex, age,
national origin, marital status, physical handicap, sexual orientation or
membership or non-membership in the Union.
6.3 The parties agree that this Article is not subject to grievance or arbitration.
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City Of Boynton Beach
NCF&O/SEIU Local 1227
White Collar Bargaining Unit
ARTICLE 7
7.0 REPRESENTATION OF THE CITY
7.1 The City shall be represented by the City Manager, or a person or persons
designated in writing to the Union by the City Manager.
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City Of Boynton Beach
NCF &O/SEIU Local 1227
White Collar Bargaining Unit
ARTICLE 8
8.0 UNION REPRESENTATION
8.1 The City agrees to recognize the Union's officers and four (4) City employee
stewards as agents of the Union. The Union shall furnish written notice to the
Department Head of the designated Union officers and stewards within three days
of ratification of this Agreement and when any change in designation is made
thereafter. The City recognizes the right of the Union to designate one (J) chief
steward from among the four (4) City employee stewards. The authority of a
Union steward to act on behalf of and bind the Union is implied from their
designation as Steward.
8.2 Non-employee officials of the Union shall, with prior written notification to the
City Manager be admitted to the property of the City for purposes of
administering the Agreement. Union officials as designated above shall only be
able to meet with City employees in non-work areas (i.e., break areas) and during
non-work time. Nothing in this section shall preclude or interfere with the City's
right to control access to City facilities for safety and lor security purposes.
Access shall not be unreasonably withheld.
83 Union stewards will be granted paid leave to engage in collective bargaining with the
representatives of the City and consultation with management, including LaborlManagement
meetings, subject to section 9,2,
8.4 Union stewards granted leave may utilize "union time pool" time to engage in the
following representative activities:
1. When an employee who is required to appear at a hearing related to a
grievance and or arbitration.
2. When an employee who is or responding to a disciplinary action or
investigation.
3. When an employee is attending a pre-determination hearing.
8.5 No employee shall engage in Union business while on duty except as referenced
in Section 8.3.
8.6 The City Manager will grant the Union stewards combined leave, without pay, for
a total of twenty (20) days per year in order that they may attend conferences,
seminars and similar events or other union activities related to their representative
function provided the leave does not adversely effect the on-going day to day
operations in the any department.
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City Of Boynton Beach
NCF &O/SEnJ Local 1227
White Collar Bargaining Unit
8.7 Stewards shall maintain and provide to the City a Union Business time-out slip
that shall be processed to show their accumulated hours used against the Union
time pool. The form for this purpose shall be attached hereto as Appendix "A" to
this agreement.
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City Of Boynton Beach
NCF&O/SEIU Local 1227
White Collar Bargaining Unit
ARTICLE 9
9.0 COLLECTIVE BARGAINING
9.1 The membership of the bargaining unit shall be represented in collective
bargaining by the President of the Union or by a person or persons designated in
writing to the City Manager. The President ofthe Union, or the person or persons
designated shall have full authority to conclude a Collective Bargaining
Agreement on behalf of the Union subject to a majority vote of those members of
the Bargaining Unit voting on the question of ratification. It is understood that the
Union representative or representatives are the official representatives of the
Union for the purpose of negotiating with the City. Such negotiations entered into
with persons other than those defined herein, regardless of their position or
association with the Union, shall be deemed unauthorized and shall have no
weight or authority in committing or in any way obligating the Union. It shall be
the responsibility of the Union to notifY the City Manager in writing of any
changes in the designation of any certified representative of the Union,
9.2 No more than two (2) stewards or bargaining unit members may participate in
collective bargaining while on duty, without loss of pay. Additional bargaining
unit members may attend while off duty or when on approved leave.
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City Of Boynton Beach
NCF&O/SEIU Local 1227
White Collar Bargaining Unit
ARTICLE 10
10.0 UNION TIME POOL
10.1 Members of the bargaining unit may each donate a share of their accrued vacation
and/or compensatory time bank of hours to fund the Union time pool. The
employee's designated donation shall be deducted each October 1 sl during the
term of this agreement.
10.2 Union time pool time may be transferred from steward to steward. If the total
hours used exceeds the total amount of hours in the time pool, stewards may be
released without payor they may use accrued vacation time, but in either event,
only at the discretion of the department head (or designee), whose approval shall
not be unreasonably withheld and when releasing such employee does not
adversely effect the on-going day to day operations in any department. Additional
hours may be used, with pay, when those hours are funded by "Union Time Pool"
time.
10.3 The City may stop the use of such time off if it interferes with productivity or
manpower needs. However, the exercise of such right on the City's part shall not
be arbitrary or capricious, nor shall it allow the City to proceed in a manner that
deprives the employee of his or her right of representation.
10.4 Donations to the union time pool shall be solicited by the union during ratification
of the agreement or any other non-work time. Donations shall be transferred from
the employees appropriate leave bank within thirty (30) days of the time of
donation, and each year of the agreement during the month of October.
10.5 The City shall match the number of union time pool hours each year, at 50% of
the number of hours accumulated by the union.
10.6 Time pool hours shall roll over from one year to the next.
10.7 Union representation shall utilize the union time-out slip when using time pool
hours.
10.8 Union time pool hours shall only be used for a steward's leave from assigned
regular duties.
10.9 Union time pool hours shall be classified as paid leave from work.
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City Of Boynton Beach
NCF&O/SEIU Local 1227
White Collar Bargaining Unit
ARTICLE 11
11.0 BULLETIN BOARDS
11.1 The Union shall be provided space on bulletin boards at each location so
designated by the City in the areas where unit employees normally are assigned to
work for the use of LOCAL 1227. These bulletin boards shall be used for posting
Union notices, signed by a Union officer but restricted to the following:
A. Notices of Union recreational and social affairs;
B. Notices of Union elections and results of elections;
C. Notices of Union appointments and other official Union business;
D. Notices of Union meetings.
E. Union newsletter On Track (may be unsigned)
11.2 All other information, including any notices containing any information other than
purpose, date, time and place may be posted on such designated areas and the
Union shall furnish the City Manager's office with a copy. All costs incidental to
preparing and posting of Union materials will be borne by the Union. The Union
is responsible for posting and removing approved material on its bulletin board
and for maintaining such bulletin boards in an orderly condition.
11.3 The Union shall not post endorsements for candidates who are running for office.
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City Of Boynton Beach
NCF&O/SEIU Local 1227
White Collar Bargaining Unit
ARTICLE 12
12.0 PROGRESSIVE DISCIPLINE
12.1 PURPOSE
12.1.1 The City is committed to recruit, train, and retain qualified employees who
will contribute to the City's mission.
12.1.2 The success of the City government in providing quality and efficient
public service directly correlates with appropriate employee conduct and
performance. Employee behavior that is positive and supportive of the
goals of effective municipal management is fully encouraged.
12.1.3 When an employee's conduct or performance is inconsistent with the
needs and goals of the City, disciplinary actions up to and including
dismissal can occur. Progressive discipline is suggested when
circumstances support its use. In proper cases, dismissal may immediately
occur.
12.1.4 No employee shall be disciplined or discharged without just cause.
12.2 POLICY
12.2.1 Counseling and written reprimands should be utilized as an element to
motivate employees to choose behavior conducive to an individuals
growth, development and most importantly to insure the successful
operation of the City and its services. However, in certain circumstances
punitive discipline actions will be necessary. There is no "fixed formula"
for discipline, management reserves the right and prerogative to make
disciplinary decisions based on repeated occurrences of varying incidents,
past performance or severity of the incident.
12.2.2 Although progressive disciplinary actions are encouraged when
circumstances support such use, the severity of misconduct and the
circumstances shall determine the nature of the discipline.
12.2.3 A number of factors should be considered in determining the appropriate
level of discipline to be taken at each successive step. Such factors may
include time intervals between offenses, effectiveness of prior disciplinary
actions, insubordination, employee willingness to improve, overall work
performance and teamwork.
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City Of Boynton Beach
NCF&O/SEIU Local 1227
White Collar Bargaining Unit
12.2.4 Certain misconduct is so contrary to the public interest that dismissal shall
be the only appropriate measure.
12.2.5 The level of misconduct may differ in individual cases from apparently
similar incidents. The City retains the right to treat each occurrence on an
individual basis without creating a precedent for situations that may arise
in the future. This case-by-case method is designed to take individual
circumstances and/or mitigating factors into account. These provisions are
not to be construed as a limitation upon the rights of the City, but are to be
used as a guide.
12.2.6 Disciplinary actions for misconduct or serious misconduct older than a two
(2) year period shall not be referred to or considered in any current
disciplinary action.
12.2.7 The failure of immediate supervisors to document and/or take disciplinary
actions for misconduct, or the failure to follow the completed disciplinary
documents to Personnel, shall serve as grounds for disciplinary action.
EXAMPLES OF MISCONDUCT
The following types of infractions, offenses or misconduct shall represent employee
noncompliance with rules, regulations, policies, practices or procedures of the City or the
Department or employee wrongs or offenses that violate permissible behaviors or are
specifically prohibited by law. The following are examples of violations that shall result
in discipline and the progressive discipline actions that may accompany the violations.
MISCONDUCT
1. Conduct unbecoming of a City employee. Conduct unbecoming a City employee
means: Employee behavior or actions on the part of the employee which hinder or
jeopardize the successful operation of the City, undermine teamwork and
cooperation among City employees, or undermine the public confidence in the
City or its employees.
2. Violations or disregard of City Safety Policy & Procedures, including:
a. Careless use of vehicles or equipment
b. Failure to use all safety restraints when riding in or operating a City vehicle
c. Failure to wear and or use prescribed uniforms or equipment
3. Abuse of Personnel Policies, including but not limited to:
a. Abuse of sick leave privileges, sick leave policy or excessive absenteeism
b. Failure to notifY Department and or Human Resources of current address and
telephone number within 10 calendar days of change
c. Failure to report any outside employment
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City Of Boynton Beach
NCF&O/SEIU Local 1227
White Collar Bargaining Unit
4. Abuse of departmental procedures and work rules including:
a. Failure to provide name and official title to any person requesting same when
performing work related duties
b. Habitual extension of lunch period or break period
c. Habitually late for work without valid reason
d. Smoking in prohibited areas
e. Unauthorized solicitation, posting of material or non-productive behavior
5. Documented failure of a supervisor to perform duties required of supervisory
employees including recommending and/or taking disciplinary actions when
necessary .
NOTE: This chart outlines the usual progression options for repeated occurrences of
misconduct. If serious misconduct or extreme misconduct has occurred previously, there
will be faster progressive action.
OFFENSE TYPE 1 ST OCCURRENCE 2ND OCCURRENCE 3RD OCCURRENCE
Misconduct Counseling Written Reprimand Suspension Without
Payor Dismissal
SERIOUS MISCONDUCT
1. Violation or disregard of City Safety Policy & Procedures, including:
a. Continued misuse of equipment or negligence resulting in injury to self others
or damage to City equipment or property
b. Horseplay potentially hazardous to life or property
c. Unauthorized use or unsafe operation of City property, equipment or vehicles
2. Abuse of Personnel Policies, including:
a. Threatening a co-worker or supervisor
b. Use of abusive language to or about an employee, co-worker, supervisor or the
public
c. Insubordination, meaning the failure to recognize or accept authority of a
supervIsor
3. Abuse of departmental procedures and work rules, including:
a. Sleeping on the job
b. Absent without calling in to department within one hour of shift start time
c. Disrupting or hindering departmental operations
d. Failure to work required overtime assignments, special hours, special shifts or
unavailability during stand-by status
e. Outside employment which conflicts, interfered or otherwise hampers the
performance of the employee in their City job
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City Of Boynton Beach
NCF&O/SEIU Local 1227
White Collar Bargaining Unit
4. Inefficiency or Incompetence
The inefficiency or incompetence in the performance of assigned duties may result
in demotion or disciplinary action up to and including termination. Examples of
poor performance shall include failure to provide responsive, courteous, high
quality customer service or repeated failure to support team goals, and contribute
to team success.
Employees who receive an OVERALL "PartiaJJy Meets Standards" or "Does Not Meet
Standards" performance evaluation (rating of 1 or 2) shaJJ be given follow-up evaluation
within 60 days of the "Does not Meet Standards: or :PartiaJJy meets Standards" initial
evaluation. More than one overall rating of "Below Standards" may subject the employee
to demotion or disciplinary action up to and including termination. It is the responsibility
of every employee to perform at a minimum level of "Meets Standards" {as outlined in
the Incentive Pay System Policy}.
The foJJowing chart outlines the progressive discipline options for three occurrences of
serious misconduct. If misconduct or serious misconduct has occurred previously, there
will be faster progressive discipline.
OFFENSE TYPE 1 ST OCCURRENCE 2ND OCCURRENCE 3RD OCCURRENCE
Serious Misconduct Written Reprimand or Suspension Without Dismissal
Suspension Without Pay Payor Dismissal
EXTREME MISCONDUCT
1. Violations or disregard of City Safety Policy & Procedures, including:
a. Failure to report an on-the-job injury or accident within 24-hours to the
immediate supervisor
b. Failure to report an employees' on-the-job injury to Risk Management within
24 hours and/or completion of necessary documentation
c. Fighting on the job or engaging in any intentional act which may inflict bodily
harm on anyone
d. Operating a City vehicle or equipment without a required and valid driver's
license
e. Failure to report the revocation or suspension of a driver's license when
employment involves driving
2. Abuse of Personnel Policies, including, but not limited to:
a. Possession of a firearm or concealed weapon on City property or while
performing official duties without written permission from the Department
Director (excluding law enforcement officers)
b. Gambling during work hours
c. Refusal to sign a disciplinary form
d. Suspension or revocation of any required job related license or certifications.
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City Of Boynton Beach
NCF&O/SEill Local 1227
White Collar Bargaining Unit
3, Abuse of departmental procedures and work rules, including:
a. Unauthorized personal use of City equipment or funds
b. Conducting personal and/or private business on City time; improper use of
City time for such activity
c. Falsifying attendance records
d. Other department rules as communicated by director or supervisor
4. Illegal, unethical or improper acts, including:
a. Theft or removal of City property without authorization
b. Falsifying employment application or concealing information during pre-
employment screening or processing
c. Soliciting or accepting an unauthorized fee or gift or failure to comply with
Chapter 112, Florida Statute
d. Giving false information or failure or refusal to fully cooperate or provide full
truthful information in City initiated investigations
e. Possession, use or sale of illegal drugs, alcohol or prescription medication that
alters the employee's performance on the job or any confirmed positive drug
test
f. Possession or use of alcohol while on duty; or reporting to work under the
influence of alcohol
g. Refusal to participate, if offered, in a drug/alcohol rehabilitation program
h. Refusal to submit to a City required drug or alcohol test
1. Falsifying or attempting to falsify a City ordered drug test
J. Violating the City's Sexual Harassment policy through interaction with
another employee or a member of the public
k. Conviction of a felony (Including non-work related)
The following chart outlines the progressive discipline options for two incidents of
extreme misconduct. If misconduct or serious misconduct has occurred previously, there
will be faster progressive action.
OFFENSE TYPE I ST OCCURRENCE 2ND OCCURRENCE
Extreme or Unlawful Suspension Without Dismissal
Misconduct Payor Dismissal
Note: The progressive discipline steps outlined above refer to the discipline options the
City may take. If such discipline is appealed to arbitration, the arbitrator is not bound in
any manner by such options and is free to independently determine the appropriate level
of discipline if the employee is found to have committed the offense.
22
City Of Boynton Beach
NCF&O/SEIU Local 1227
White Collar Bargaining Unit
12.4 PROCEDURE FOR DISCIPLINARY ACTION
12.4.1 When an immediate supervisor becomes aware of conclusive evidence of
the need for the employee discipline, he/she becomes responsible and shall
investigate the circumstances of the misconduct or lack of performance,
prior to deciding upon the type of disciplinary action to be recommended
or taken. Documentation of the discipline investigation or of the conduct
shall be required on the part of the immediate supervisor in order to
establish appropriate records. Human Resources will be available to assist
in such investigations. In cases where investigations of a more substantial
nature are required, the following types of administrative review shall be
administered.
12.4.2 Administrative Review - Investigations of non-criminal violations
conducted in the absence of immediate or conclusive evidence involving
any City employee, with the exception of Police department employees.
These investigations shall be conducted by the Department Director and
Human Resources, who shall obtain all sufficient information, including
documentation and/or sworn statements, in order to determine the
necessity or level of disciplinary action. Human Resources shall assume
responsibility for acquiring any necessary sworn statements.
Administrative investigations shall be conducted expeditiously.
12.4.3 Criminal Investigations - Investigations conducted when criminal
violations are reportedly committed by an employee of the City. These
investigations shall be conducted by the Police Department, in
collaboration with the Department Director of the involved employee.
12.4.3.1 In instances where an investigation of serious, unlawful or
other extreme misconduct is necessary, administrative and/or
criminal investigations shall be conducted prior to the effective
date of final disciplinary action.
12.4.3.2 The immediate supervisor may initiate a three-day suspension
or less suspension with pay to afford a supervisor the
opportunity to investigate an alleged incident or misconduct in
the absence of the employee. Suspensions of more than three
days with pay require the approval of the Human Resources
Director. This practice may also be used in the event that
alleged misconduct is severe but unproved. The immediate
supervisor shall immediately notifY the Department Director
and Human Resources after the suspension is issued, so that the
matter can be investigated.
23
City Of Boynton Beach
NCF&O/SEIU Local 1227
White Collar Bargaining Unit
.""""",~M<.""i_-"_~'.""___~~'."'~"~"""''"''
12.4.3.3 A recommendation for disciplinary action may result from the
findings of an investigation. If disciplinary measures are not
recommended after the investigation, the suspension with pay
period shall not be counted as disciplinary in nature. A
document confirming a favorable determination as to the matter
should be made part of the employee's record.
12.5 TYPES OF DISCIPLINARY ACTION
A. COUNSELING - Consists of the immediate supervisor warning the employee
to correct or improve performance, work habits or behavior, and counseling the
employee on improvements expected. Counseling serves as a warning against
further repetition of employee behavior. Future violations will result in discipline
up to and including termination.
The immediate supervisor should complete a Counseling Memorandum. The
employee shall be required to sign the form signifying that he/she has read and
discussed the contents with the supervisor.
The Counseling Memorandum shall be forwarded to Human Resources for
retention in the employee's records, with a copy provided to the employee. The
supervisor may request that the employee complete a written action plan to correct
the behavior. Employees may submit comments for inclusion in the record.
B. WRITTEN REPRIMAND - Consists of an immediate supervisor issuing a
written notice of reprimand to improve performance, work habits or behavior. A
written reprimand should include a complete description of the incident(s) of
misconduct, inappropriate behavior, work habits or performance which require
improvements; previous records of discussion; a time frame within which the
employee must correct or improve his/her behavior; and a warning that future
violations will result in further disciplinary actions up to and including
termination.
Written reprimands shall be signed by the employee to acknowledge receipt and
forwarded to Human Resources for retention in the employee's records, with a
copy provided to the employee. Employees may submit comments for inclusion
in the record.
The employee may be required to complete a written plan for correction of the
behavior. When the written reprimand contains a time frame for employee
improvements, a follow-up discussion at the end of the designated time period
should be conducted. The follow-up discussion will provide a specific
opportunity to review the employee's improvements relative to the discipline.
Written reprimands should be reflected on the employee's performance appraisal
along with any noted improvements.
24
City Of Boynton Beach
NCF&O/SEIU Local 1227
White Collar Bargaining Unit
C. SUSPENSION WITHOUT PAY - Consists of an employee being prohibited
from returning to work until the specified period of suspension has passed or the
forfeiture of vacation time, if agreed to by the employee.
Suspensions without pay shall be used when an employee is removed from the
job due to extreme misconduct or unlawful behavior, or when instances of
progressive discipline supports a suspension without pay for a specified period of
time. Any time an employee is suspended for discipline the suspension shall be
without pay.
L With the written authorization of the Department Director and Human
Resources, immediate supervisors have the authority to issue a suspension
without pay for three (3) working days or less.
2. Suspensions without pay beyond three working days require prior
concurrence by Human Resources, review by the City Attorney's Office
and authorization by the City Manager's Office.
3. Employees being suspended without pay shall be notified in writing by the
immediate supervisor. The written notification shall consist of the reason
for the action and the duration ofthe suspension without pay. It shall also
include a statement that future violations will result in further disciplinary
actions up to and including termination.
4. Employees may submit comments for inclusion in the record. Written
notification of a suspension shall be signed by the suspended employee
acknowledging receipt of the written notification, and forwarded to
Human Resources for inclusion in the employee's record, with a copy
provided to the employee, the Department Director, and one to the Finance
Department for payroll purposes.
D. DEMOTIONS - In the context of this policy demotion consists of an
employee being involuntarily removed from a higher level classification to a
lower level classification, with a resulting decrease in salary. Although not
limited to such instances, demotions may occur in some cases because of the
inability to fulfill the duties of the higher level job in a satisfactory manner; or a
failure to comply with employment conditions such as licensure or certification.
In addition, probationary employees shall be subject to demotion without the City
being required to state a reason. The probationary employees shall not have
access to any appeal process with regard to the demotion.
Immediate supervisors should discuss the potential demotion of an employee with
their chain of command and the Human Resources Department prior to a written
recommendation for demotion. The Department Director shall then submit the
written recommendation to the City Manager through Human Resources.
Demotions require concurrence from Human Resources, review by the City
25
City Of Boynton Beach
NCF &O/SEIU Local 1227
White Collar Bargaining Unit
~""",,,","^,,,,<,,,,,,,,,,,,,,,,,,,,,~;,,,,,,,,--,,,-,----,,,,,,,,,,,,;,,,,,,,,,,,,,----",,,~,,,,,,,,,,,,,,",,
Attorney's Office and authorization from the City Manager pnor to being
effected.
Written notification of demotions shall be provided to the employee by the
department Director. Such notices shall include the final decision, the reason(s)
for the decision, the employee's new classification title, the new pay range and
pay rate, and the effective date of the demotion. Written notifications shall also
include that future violations will result in further disciplinary actions up to and
including termination if the demotion was a result of misconduct~
All documentation of a demotion shall be retained in the employee's file in the
Human Resources Department. A copy of the written notification of demotion
shall be forwarded to the Finance department for payroll purposes.
Employees may request a demotion to a lower level classification voluntarily.
Such demotion shall not be punitive. Employees may submit comments for
inclusion in the record. Written notification of a demotion shall be signed by the
employee acknowledging receipt of the written notification and forwarded to
Human Resources for inclusion in the employee's record.
E. DISMISSAL - Dismissal is a result of an employee's involuntary termination
that severs the employment relationship. At such time all employee benefits
cease, except as otherwise provided by law.
Immediate supervisors shall supply through documentation and discuss
recommendations for an employee's dismissal with their chain of command and
Human Resources. Upon receiving a written recommendation from the
supervisor, the Department Director shall submit the documentation to Human
Resources. Dismissals shall be effected only with the concurrence of Human
Resources, review by the City Attorney's Office and authorization by the City
Manager.
A written notice of recommended termination shall be given to the employee in
person. However, after two unsuccessful attempts to deliver the notification, then
the notice shall; be sent via US mail to the most recent address on record in the
personnel file. The recommendation shall include the following information:
I. The underlying reasons for the recommended termination
2. Documentation upon which the Department Director relied in formulating
said recommendation
3. An explanation of his/her rights to request a predetermination hearing
prior to termination taking effect and the facts that the decision to
discipline of the City Manager shall be final subject to grievance and
arbitration as provided for in Article 10 of this Agreement.
26
City Of Boynton Beach
NCF&O/SEIU Local 1227
White Collar Bargaining Unit
The dismissal recommendation and the City Manager's final decision shall be
placed in the employee's personnel file, and a copy shall be forwarded to the
employee and his/her Department Director. Employees may submit comments for
inclusion in their personnel file.
Probationary employees who have not successfully completed the established
probationary period shall be subject to dismissal without cause, after review by
Human Resources.
12.6 RIGHT TO PRE-DETERMINATION HEARING
Prior to the effective date of any suspension without pay of three (3) days or
more, or a termination, the City shall conduct a predetermination hearing. The
Human Resources Director and the City Manager's designee shall conduct the
predetermination hearing. The employee shall be provided with reasonable notice
of the predetermination hearing date and of the charges which are the grounds
for the disciplinary action. The employee may be accompanied and assisted at the
predetermination hearing by a representative of his choice. The employee shall be
afforded the opportunity to present information in defense or mitigation to the
charges brought against the employee. Following the predetermination hearing,
and any further investigation into issues raised by the employee in defense or
mitigation of the charges, the Human Resources Director and the City Manager's
designee shall sustain, reverse, or modify the disciplinary action and give the
employee written notice of their action and at the same time establish the
suspension or termination date( s) if appropriate.
12.7 EMPLOYEE APPEALS - GRIEVANCES
12.7.1 Probationary employees shall not have the right to appeal or grieve any type of
disciplinary action.
12.7.2 Regular employees shall have just cause appeal and grievance rights as outlined in
Article 12 of this Agreement.
12.8 PERFORMANCE IMPROVEMENT PLAN
Employees who receive a Written Reprimand with a Suspension shall be placed on
a Performance Improvement Plan. The purpose of Performance Improvement Plan
is to monitor employee performance, with an evaluation of performance being
made every 30 days. The employee must demonstrate immediate and sustained
improvement in their performance throughout the 90-day evaluation period or face
dismissal.
27
City Of Boynton Beach
NCF&O/SEIU Local 1227
White Collar Bargaining Unit
,;"..........,',..,"'~."'""._-~""'----~,""'"'-"'."'...>,',""....""'..","."
ARTICLE 13
13.0 GRIEVANCE PROCEDURES
13.1 A grievance is defined as a dispute or disagreement involving the application or
interpretation of this Agreement. Issues or disputes which are not grievances as so
defined shall not be subject to arbitration, but may be processed through the
grievance procedure only after all attempts to resolve the dispute through labor
management meetings has failed.
13.2 No employee or group of employees may refuse to follow directions pending the
outcome of a grievance except where safety would be jeopardized. Employees in
the bargaining unit will follow all written and verbal directives, unless the
employee has an objective basis to believe that hislher health and safety is
threatened. Compliance with such directive will not in any way prejudice the
employee's right to file a grievance within the time limits contained herein, nor
shall compliance affect the ultimate resolution of the grievance.
The parties agree that the grievance procedure shall be the sole and exclusive
method for resolving any dispute involving the application or interpretation of the
Agreement.
13.3 All grievances shall be in writing on a form prepared by the City and the Union.
All responses to a grievance must be in writing and dated by the responding party.
Grievances not appealed to the next higher step within the prescribed time limits
will be considered withdrawn and need not be further processed by the City.
Failure by management to observe time limits for any step of the grievance
procedure shall entitle the employee to advance the grievance to the next step.
Grievance time limits may be extended only by mutual written agreement of the
Union and the City.
13.4 GRIEVANCE PROCEDURE STEPS
13.4. I Within ten (10) business days of the incident or the time which the employee had
knowledge of the incident, the employee or Union may initiate a written grievance with
the employee's Department Director. The grievance may be hand delivered or sent by
facsimile. Within five (5) days of receiving the grievance, the Department Director will
contact the aggrieved employee and/or union representative and schedule a meeting
within five (5) days of contacting the aggrieved employee and/or union representative to
discuss the matter. The Department Director shall respond to the grievance on or before
5:00 PM on the eleventh (I }th) business day following the date of receipt of the
grievance.
28
City Of Boynton Beach
NCF&O/SEIU Local 1227
White Collar Bargaining Unit
The written grievance should state the following:
a. Statement of the grievance and the facts upon which it is based.
b. The Article(s) and Section(s) of this Agreement alleged to have been
violated.
c. The action, remedy, or adjustment requested.
d. The signature of at least one aggrieved employee and/or a union
representative and the date filed.
e. A statement indicating the grievance is a class action grievance, when
appropriate.
f. A statement identifying the positions of the class of workers affected,
when brought as a class action grievance.
13.4.2 In the event the employee is not satisfied with the disposition of the
grievance by the Department Director, the employee, or union
representative if applicable, shall have the right to file a written appeal of
the decision, stating the basis for the appeal, to the Human Resources
Director within five (5) business days of the date of receipt of the
Department Director's decision. Failure to fully state all basis for the
appeal shall not preclude the employee or union representative such basis
for appeal at a later time in the grievance process.
Within five (5) business days of receipt of the gnevance, the Human
Resources Director will contact the aggrieved employee, and union
representative if applicable, and schedule a meeting within five (5)
business days to discuss the matter. The Human Resources Director or
designee shall respond in writing to the employee within five (5) business
days of the meeting.
13.4.3 When a grievance/disciplinary appeal ifnot settled under the forgoing
steps of the grievance procedure, the employee or, if applicable, the Union,
within twenty (20) days of such decision or termination, may refer the
dispute to an impartial arbitrator from the pre-selected panel of arbitrators
appointed by mutual agreement of the parties.
The arbitrators shall be appointed with the understanding that the hearing
on the matter appealed will be heard within ninety (90) calendar days
following appointment. If the arbitrator is not available within a 120 day
period, the next arbitrator on the list shall be used. Neither party shall
utilize court reporters and/or written briefs. The arbitrator shall make a
final and binding ruling within 14 days of the hearing.
29
NCF&O/SEIU Local 1227
White Collar Bargaining Unit
City Of Boynton Beach
The City and the Union have selected a panel of six (6) arbitrators from
the Federal Mediation and Conciliation Service (FMCS). The City
selected three (3) arbitrators and the Union ed select three (3) arbitrators.
These arbitrators shall hear grievances on a rotating basis, beginning in
alphabetical order of the arbitrator's sir name, as follows:
I. Rodney Dennis 4. Mark Grossman
2. Ben Falcigno 5. Robert Hoffman
3. Ramon Fernandez 6. Tom Humphries
13.5 The arbitrator shall have only jurisdiction and the authority to apply and interpret
the provisions of this Agreement. He/she shall not have jurisdiction to alter or
change in any way the provisions of this Agreement and shall confine the decision
solely to the issue of interpretation or application of the Agreement presented. The
decision of the arbitrator on any matter within hislher jurisdiction shall be final
and binding on the Union, the City and the employee covered by the Agreement.
When an arbitrator has been selected by the parties, the City shall have ten (10)
days from receipt of notice of appointment to raise arbitrability as a defense. If
arbitrability is raised by the City, the issue of arbitrability shall be determined by
the arbitrator no less than thirty (30) days prior to the commencement of an
arbitration hearing on the grievance itself. If the City raises the question of
arbitrability and loses that determination, the City shall pay the cost of the
arbitrator. If the City raises the question of arbitrability and the arbitrator
determines that the matter is not arbitrable, the Union shall pay for the arbitrator.
The City and the Union agree to share all information each party will present to
the arbitrator no later than ten (10) days prior to the date of the arbitration, even if
such information was accumulated after the final grievance step or after the
terminated employees' pre-determination hearing.
13.6 The hearing shall not be formal and the strict rules of evidence shall not apply.
13.7 The parties shall divide the arbitrator's fee and expenses equally. In the event of a
settlement, the arbitrator's fee and expenses shall be born equally by the parties,
unless they agree otherwise.
13.8 The term "day" shall mean, calendar day, Monday through Friday, exclusive of
holidays recognized by this Agreement.
30
City Of Boynton Beach
NCF&O/SEIU Local 1227
White Collar Bargaining Unit
ARTICLE 14
14.0 BASIC WORK WEEK AND OVERTIME
14.1 The basic workweek shall consist of forty (40) hours, unless otherwise specified.
The City Manager will establish and may change the basic workweek and hours of
work best suited to meet the needs of the department and to provide superior
service to the community. Nothing in this Agreement shall be construed as a
guarantee or limitation of the number of hours worked per week.
14.2 All authorized and approved work performed in excess of forty (40) hours in any
one work week shaJJ be considered as overtime and shaJJ be paid at the overtime
rate of one and one-halftimes the employee's straight time rate.
14.3 For purposes of overtime computation only vacation leave, holiday leave, personal
leave_days, the employee's use of sick leave as documented by a physician's
statement provided prior to the end of the pay period, and comp time shaJJ be
considered as time worked. Funeral leave, jury duty, annual military leave, and
any other leave or absences from duty on active pay status shaJJ not be considered
as time worked for purposes of overtime computation.
14.4 Overtime shall first be offered on a rotating basis in order of seniority within each
classification. The parties agree that when employees are asked to work overtime
and management contacts the appropriate employees from the seniority list, the
second employee contacted must accept the overtime assignment unless the
employee has a hardship or the employee and supervisor mutually agree to
continue down the seniority list of employees.
14.4. I In the event an employee is required to work overtime, he/she shall not
have his regular shift hours changed nor shaJJ he/she be placed in a non-
paid status in order to preclude the payment of overtime.
14.4.2 Supervisors shaJJ provide no less than two (2) hours advance notice to
employees prior to the assignment of unscheduled, mandatory overtime
unless circumstances prohibit such advance notice, in which case, the
employer shaJJ give as much notice as is reasonably possible.
14.5 Shift Bidding and Posting. Employees who work in departments within the City
in classifications that are covered by more than one shift shall be aJJowed to bid
shifts, which shall be granted by seniority once each year to be completed by
January 31 st. Should management have a compeJJing operational need, they may
designate the number of A-Class workers (those with five or more years of
experience) and the number of B-Class workers (those with less than five years of
experience) required to work on each shift so that a balance of experience may be
achieved for each shift. Employees shall have an opportunity to give input on the
development of their shifts.
31
City Of Boynton Beach
NCF&O/SEnJ Local 1227
White Collar Bargaining Unit
':1ployees cannot be in a work status more than seven (7) minutes prior or seven
; minutes after regular workday unless they have their supervisor's approval to
in a work status. Each employee must be advised of the official start and
nding time of their department workday.
or purposes of overtime, the City will follow the Department of Labor's "7/8
\'linute Rule". This rule means that an employee will not be eligible for overtime
ntil helshe has been on the job for more than seven minutes, i.e. at the start of the
minute they would then receive 15 minutes at time and a half. This procedure
!J also be followed if an employee reports to work late. The employee shall be
:'l:-u-k:ed as tardy using the same 7/8 Minute rule, for purposes of calculating
Toll, however, an employee will be deemed "tardy" ifthey appear for work any
;'i;ne after the designated starting time. Any employee that is tardy is subject to
,:ppropriate discipline.
14.7 i is understood that the clock designated by an employee's supervisor to record
",; n val and departure shall be the clock against which timely reporting for work is
;;icasured. If at any time, that clock is deemd inoperative, the immediate
';pervisor will advise employees of the clock which will be utilized in lieu of it.
32
City Of Boynton Beach
NCF &O/SElU Local 1227
White Collar Bargaining Unit
ARTICLE 15
15.0 COMPENSATORY TIME
15.1 Employees may accrue and use compensatory time in lieu of overtime pay when
the employee works in excess of forty hours in a workweek.
15.2 Compensatory time will be accrued and used at the same rate the overtime rate
would be paid. The compensatory time must be used within sixty (30) calendar
days of the pay period in which it was earned or be paid at that time.
15.3 The City reserves the right to convert any accrued compensatory time hours to pay
at its sole discretion, once the sixty (30) days has passed.
15.4 It is solely the employee's choice as to whether he/she wishes to be paid for their
overtime at one and one-half times their regular hourly rate of pay~ or take
compensatory time. The City will not encourage employees to take one form of
compensation over the other.
33
NCF&O/SEIU Local 1227
White Collar Bargaining Unit
City Of Boynton Beach
ARTICLE 16
16.0 WAGES
16.1 Effective October 1, 2004 , bargaining unit employees shall receive a 2% market
adjustment added to base wage.
16.2 Effective April 1, 2005 bargaining unit employees shall receive the following
Performance Evaluation wage increases added to base wage:
a. Performance evaluation score shall generate a merit increase as outlined in the
schedule outlined in Appendix B of this agreement.
b. Performance evaluation score is below 2.0 No wage increase will be applied.
16.3 No employee will receive a base wage increase to a rate higher than the maximum
salary for the position. An employee that is at the maximum salary range shall
receive the market adjustment increase and the Performance Evaluation wage
increase, if applicable, as a lump-sum payment.
16.4 The April 1 Performance Evaluations and re-evaluations at each thirty (30) day
period as outlined below shall be completed in a unbiased and fair manner.
Justification for all performance evaluation scores "exceeding standards" or
"needs improvement" must have been previously provided to the employees being
evaluated. Through Labor/Management meetings, the Union and City shall
continue to work on the evaluation process in order to ensure pay equity for
employees.
16.5 Employees who receive a performance evaluation rating that falls below a "Meets
Expectations" (rating of less than 2) shall be placed on a Performance Improvement
Plan. It is the responsibility of each employee to perform at a minimum level of
"Meets Standards".
34
City Of Boynton Beach
NCF&O/SEIU Local 1227
White Collar Bargaining Unit
ARTICLE 17
17.0 PROMOTIONS, RECLASSIFICATIONS, TRANSFERS & DEMOTIONS
17.1 PROMOTIONS
17.1.1 Employees interested in applying for a promotional opportunity must have
been in their current position for a minimum of six months and have at
least a meets standards performance level. Each promoted employee must
successfully complete a six month probationary period in the new position.
Employees are eligible for the following increases in pay upon promotion:
Promotion from non-exempt to exempt position:
+ 10% of mid-point of new grade or to minimum of new grade
whichever is higher
Promotion of one grade (exempt to exempt or non-exempt to non-
exempt):
+5% of mid-point of new grade or to minimum of new grade,
whichever is higher
Promotion of two grades (exempt to exempt or non-exempt to non-
exempt):
+ 7.5% of mid-point of new grade or to minimum of new grade,
whichever is higher
Promotion of three or more grades (exempt to exempt or non-exempt
to non-exempt):
+ 1 0% of mid-point of new grade or to minimum of new grade,
whichever is higher
17.1.2 In no event will the employee's base rate of pay exceed the maximum for
the position to which the promotion is made.
17.1.3 Each promoted employee must successfully complete a probationary
period of six months from the date of promotion. Note: Applicants for
promotion must have been in their current position for a minimum of six
months and have a Meets Standards or higher performance rating.
17.2 DEMOTION
17.2.1 Upon demotion, an employee's rate of pay will be adjusted as follows:
Decrease of one grade:
-5% of mid-point of current grade (position leaving)
Decrease of two grades:
-7.5% of mid-point of current grade (position leaving)
Decrease of three or more grades:
-10% of mid-point of current grade (position leaving)
35
City Of Boynton Beach
NCF&O/SEIU Local 1227
White Collar Bargaining Unit
17.2.2 In no event will the employee's base rate of pay exceed the maximum for
the position to which the demotion is made.
17.2.3 The pay of a promoted employee who is demoted prior to completion of a
probationary period, will be reduced by the same amount as the
promotional increase.
17.2.4 Exceptions to this policy may occur if there is a department restructuring
that results in an involuntary demotion for one or more employees. The
City Manager must approve any restructuring and resulting demotions.
This shall not be construed to reduce an employee's rate of pay beyond the
percentages set forth in section 17.2.1.
17 .3 LATERAL TRANSFER
17.3.1 Employees transferring from one position to another in the same pay
grade, whether in the same or in a different department, will maintain the
same pay rate.
17.3.2 Each transferred employee, whether in the same or a lower grade, must
successfully complete a probationary period of six months from the date of
transfer. Probationary employees, whether in their first year as an
employee or in their six-month promotional probationary period have no
property entitlement to their position.
1704 RECLASSIFICATION
1704.1 Positions may be considered for reclassification only upon written request
of the Department Head, including detailed justification. If the
reclassification is for a change to an existing position classification (e.g.
Grade 13 to Grade 14), the incumbent must complete a position
questionnaire, which will then be evaluated by the Human Resources
Department. If the request is to change from one current position
classification to another (e.g. Office Assistant to Office Assistant, Sr.), that
justification must be included in the Department Head's request.
1704.2 Reclassification requests will be considered each year during the budget
process. Reclassifications requested during the fiscal year will be
considered only if the department is restructuring or realigning major
responsibilities. Mid-year reclassifications must have the approval of the
HR Director, Finance Director and City Manager.
1704.3 Implementation of any reclassification, whenever approved, will not
become effective until the necessary funds are available in the department
budget. Any salary change required by a reclassification will become
effective as of the date the reclassification is approved.
36
City Of Boynton Beach
NCF&O/SEIU Local 1227
White Collar Bargaining Unit
17.4.4 Human Resources will provide a copy of the department head's request for
reclassification upon the approval of the reclass.
17.5 PROMOTION FROM PART-TIME TO FULL-TIME
17.5.1 Each promoted employee must successfully complete a probationary
period of twelve months from the date of promotion.
17.5.2 Upon successful completion ofthe probationary period, the probationary
employee will be considered a regular employee.
37
City Of Boynton Beach
NCF&O/SEIU Local 1227
White Collar Bargaining Unit
ARTICLE 18
18, TANDBY AND CALL BACK PAY
18! /\NDBY PAY - In order to provide coverage for services during off-duty
"-''Irs, it may be necessary to assign and schedule certain bargaining unit
ployees to standby beeper duty. A standby beeper duty assignment is made by
c'. department director or hislher designee who requires an employee on hislher off-
time, which may include nights, weekends or holidays, to be available to
,form his normal daily job function during off hours, due to an urgent situation.
",jjployees placed on Stand-by who are assigned a take home vehicle according to
department's rotation list shall be assigned a take-home vehicle appropriate
the completion of the task required of the employee should he/she be called
';ck to work. The employee shall receive one hours pay at the overtime rate for
day or portion thereof that they are assigned standby beeper duty.
18.= ,(j employee may be assigned to or paid for STANDBY on any day when the
,-,jployee is in or scheduled to be in any leave status for that entire shift.
18,~ more than 14 days of STANDBY can be paid in any pay period.
18.4>'\ LL BACK PAY - An employee called back to work after having been relieved
having left the assigned work station, or called in before hislher regularly
<heduled work time, shall be paid a minimum of two (2) hours pay at the rate of
. "if and one-half (1 ~) times hislher basic hourly rate of pay when such callback is
tween the hours of 800 a.m. and 12:00 a.m. (midnight), and shall receive a
! uimum of three hours at the rate of one and one-half (1 Y2) times hislher basic
:Ltrly pay when such callback is between the hours of 12:01 a.m. and 7:59 a.m.
. "'ployees shall be paid for the actual hours worked for all hours worked in
cess of the appropriate callback minimum. No concurrent payment of call-back
d regular pay is permitted.
38
City Of Boynton Beach
NCF&O/SEIU Local 1227
White Collar Bargaining Unit
ARTICLE 19
19.0 EMERGENCY PAY POLICY
] 9.1 Purpose.
To establish levels of compensation for regular, part-time and seasonal
employees who are released from work or who are retained at work or called
back to work to perform City work during the threat or occurrence of a hurricane,
severe storm, civil disaster, or other emergency conditions affecting the City Of
Boynton Beach.
]9.2 Local State of Emergency.
A local civil emergency shall be deemed to have commenced when the City
Manager (or an acting City Manager when the City Manager is not available to
act) files with the City Clerk a declaration that the City is in a state of local civil
emergency. Immediately following such declaration, the City Manager (or Acting
City Manager) will inform each City department and office in as timely a manner
as possible by written or electronic communication that a state of civil emergency
is in effect. The state of local civil emergency shall continue in effect until
rescinded in writing by the City Manager (or Acting City Manager), filed with
the City Clerk.
]9.3 Authority and duration of Emergency Pay Policy coverage.
The provisions of this Emergency Pay Policy shall become effective immediately
following the declaration of a state of local civil emergency by the City Manager,
and are considered from that point to take precedence over all other Personnel
Rules and Regulations, policies, ordinances and collective bargaining agreements
of the City of Boynton Beach in the matters of pay, compensation and leave
discussed herein. The provisions of this Emergency Pay Policy shall apply for
the entire time period during which the declared state of local civil emergency
exists.
19.4 Designation of employees for purposes of establishing pay and compensation. In
a manner to be determined by the City Manager or his/her acting designee, all
City employees (regardless of full-time, part-time, seasonal, exempt or non-
exempt status) will be classified into one of the following three categories:
A = Essential/Mandatory Personnel
The assistance of these employees is
considered essential to the City's ability to
function and provide public services In
the event of a civil emergency.
39
NCF&O/SEIU Local 1227
White Collar Bargaining Unit
City Of Boynton Beach
B = Essential Personnel
Depending on circumstances and needs,
the assistance of these employees may be
required in the event of a civil emergency.
The assistance of these employees is
normally not required during a civil
emergency event.
C = Non-Essential Personnel
Employees who are classified as category "A" (Essential/Mandatory Personnel)
are expected to report for work at the beginning of their assigned shift, work their
entire shift, and be prepared to work any overtime hours as may be required under
emergency conditions.
Category "A" employees may also be required to report for work on unscheduled
days or hours, and should be prepared to perform tasks outside their normal scope
of duties. Category "A" employees may be required to remain at a designated
facility during some portion of the emergency event.
Employees who are classified as category "B" (Essential Personnel) should be
prepared to report for work, and should be prepared to work any overtime hours if
required to do so.
Category "B" employees may also be required to report for work on unscheduled
days or hours, and should be prepared to perform tasks outside their normal scope
of duties. Category "B" employees may be required to remain at a designated
facility during some portion of the emergency event.
Employees who are classified as category "C" (Non-Essential Personnel) may be
released from their normal work duties and schedules as circumstances dictate,
subject to the following conditions:
(a) the employee is to remain in periodic contact with their supervisor or
other designated representatives in accordance with departmental
procedures;
(b) be available to respond to call back assignments as directed; and
( c) be prepared to work any overtime hours that may be required III
advance of or following an emergency event.
The City of Boynton Beach retains the right to change at any time an employee's
designation (as either "A", "B" or "C"), based upon the type of civil emergency
that exists, and upon the level or stage of response that is deemed appropriate by
City management to address the civil emergency.
19.5 Duty to Work
An employee who is directed to report for work during a declared civil
40
City Of Boynton Beach
NCF&O/SEIU Local 1227
White Collar Bargaining Unit
emergency, and fails to do so, is subject to being disciplined, up to and including
termination. In addition to any disciplinary action, the employee shall forfeit any
compensation payable under these policies, except compensation for hours
actually worked.
19.6 Employee compensation.
Any employee classified as either "A" (Essential/Mandatory) or "B" (Essential),
who is not exempt from the overtime provisions of the Fair Labor Standards Act,
will be compensated as follows during a period of local emergency:
(a) The employee will be paid their regular compensation of all hours
they are scheduled for work, but released from work.
Example: If an employee's is scheduled to work from 8:00 A.M.
to 5:00 P.M., but is released from work at 3:00 P.M., the
employee will be paid as though the employee worked until 5:00
P.M., however, only those hours actually worked will be counted
for overtime purposes.
(b) The employee will be compensated at a premium rate of double their
regular base rate of pay for all hours actually worked, including hours
which would otherwise qualify for overtime pay (time and one-half).
Example: If an employee who earns $10.00 an hour is scheduled
and required to work at 8:00 A.M. but a local emergency was
declared at 7:00 A.M., the employee shall be paid $20.00 an hour
for all hours actually worked until the local emergency ends.
19.7 Standby and Call back pay
No employee in entitled to nor shall receive standby payor call back pay during a
period oflocal emergency.
19.8 Record Keeping.
All employees are responsible for keeping accurate time logs/records for
hours worked during a declared state of emergency. The submission of a
request for compensation for time worked when the employee did not
actually work during a period of local emergency is grounds for
termination of employment.
19.9 Handling ofleave requests during a declared emergency.
Leave requests approved prior to a declared local civil emergency will be
honored if, in the opinion of the employee's department director, the
employee's absence will not adversely affect the City's ability to
effectively respond to the emergency. However, all employees are subject
to having previously approved leave cancelled, and new requests for leave
denied, based upon an overriding organizational need to have the
41
City Of Boynton Beach
NCF&O/SEIU Local 1227
White Collar Bargaining Unit
employee report for duty to fulfill their job assignments during an
emergency. Any off-duty employee who anticipates being unavailable to
respond to a call back assignment associated with an emergency has a
responsibility to discuss their plans with their department director and
request to be relieved from call back responsibilities for the anticipated
duration of the emergency. The department director will evaluate the
employee's reasons for the request to be relieved of possible call back
responsibilities and notifY the employee of his/her decision as soon as
possible. All employees who request sick leave immediately prior to,
during, or in recovery from a declared emergency may be required by the
department director to submit appropriate medical documentation to verifY
their sick leave request.
Special Note: An employee who is on a previously approved leave
that was not revoked prior to the specified local civil emergency time
period is not eligible for administrative leave with payor any other form of
special compensation that may be made available under the provisions of
this policy.
19.10 Holiday Pay.
If the declared emergency time period should encompass a holiday, an
employee is eligible to receive any applicable holiday pay they are due in
addition to any special compensation that is to be paid to under the
conditions outlined in Section 5 above.
19.11 Suspension of other compensation rules
During periods of declared local emergencies, the prOVlSlons of this
ordinance supersede all other provisions for scheduling and compensation
set forth in any other local rule, regulation, ordinance or collective
bargaining agreement.
42
City Of Boynton Beach
NCF&O/SEIU Local 1227
White Collar Bargaining Unit
ARTICLE 20
20.0 CERTIFICATION PAY
20.1 The City shall pay $500.00 for each certification or license as determined and
agreed upon by the employee and the department head. The City shall also pay
the actual certification or license fee.. This provision shall not operate to reduce
certification incentive pay policies currently being implemented by departments.
Bargaining unit members who participate in departmental certification pay
programs are not entitled to participate in the program set forth herein.
20.2 A pre-determined list of job related certifications or licenses will be developed
through the labor/management committee and attached to this article as an exhibit
and shall be developed no later than sixty (60) days from ratification of this
agreement.
43
NCF&O/SEIU Local 1227
White Collar Bargaining Unit
City Of Boynton Beach
ARTICLE 21
21 I) EMPLOYEES ASSIGNED TO TRAINING DUTIES
21.1 Employees who are assigned to train another employee who is new to a position,
shall be assigned in writing and shall receive a 5% increase in pay during the time
they are training another employee.
44
City Of Boynton Beach
NCF&O/SEIU Local 1227
White Collar Bargaining Unit
ARTICLE 22
22.0 WORKING IN A HIGHER CLASS
22.1 Employees shall be required to perform work in a higher classification only upon
written memorandum by their supervisor. Employees who work in a higher
classification shall receive a 5% increase in pay, or the minimum of the higher
classification, whichever is greater until returned to their regular classification.
22.2 Employees shall be required only upon written memo from their supervisor to
perform work in a higher classification for training purposes. In this connection,
they shall perform that work without a 5% increase in payor the minimum of the
higher classification, whichever is greater until returned to their regular
classification.
45
City Of Boynton Beach
NCF&O/SEIU Local 1227
White Collar Bargaining Unit
ARTICLE 23
23.0 SICK LEAVE
23.1 An employee shall notifY hislher immediate supervisor or the supervisor's
designee in a manner provided for by management of hislher illness no less than
one-half (1/2) hour before hislher normal workday begins. This procedure shall
be followed for each day the employee is unable to work unless prior approval is
granted by department management, wherein the employee notifies hislher
supervisor of the will be absent.
23.2 Sick leave will be granted upon approval of the department director for the
following reasons:
a. Employee's health, or up to five (5) days per year for illness of immediate
family member the employee's parent, spouse, or child.
b. Medical, dental, or optical treatment that is determined in writing by a
physician to be necessary and must be performed during working hours.
c. Quarantine due to exposure to contagious disease.
d. In connection with Worker's Compensation.
23.3 Employees shall accrue sick leave at a rate of 96 hours per 12-month period or
eight (8) per month. No employee shall be entitled to use sick leave in excess of
the amount of such leave accumulated. Employees may accumulate a maximum
of 1040 sick leave hours. All unused hours shall be paid out at 50% upon
termination of employment with the City. Any accrued but unused sick leave
hours beyond 1040 shall be transferred into the employee's Personal leave bank at
one for one. Personal Leave hours may be utilize as necessary. Any unused
Personal Leave hours may be cashed in upon termination with City on a two (2) to
one (1) basis, or the full value of the hours may be used to purchase health care
benefits should the termination be due to normal or disability retirement.
23.4 An employee making a departmental transfer will retain any unused sick leave.
23.5 Employees who have attained non-probationary status and are regular employees
will have payment made for unused sick leave, for up to 1040 hours, at the rate of
50% of the total number of hours accumulated, but not taken, upon termination in
good standing, or retirement or death. (Retirement shall include normal
retirement, disability retirement, or early retirement as defined in the appropriate
Pension Plan).
23.6 Employees may request, and be covered by the provisions of the Family Medical
Leave Act.
46
City Of Boynton Beach
NCF&O/SEIU Local 1227
White Collar Bargaining Unit
23.7 Sick leave exceeding 3 consecutive work days requires medical certification
within three (3) days of returning to work.
23.8 Sick Leave Donations
23.8.1 It shall be the policy of the City to permit an employee who has a
minimum of 120 hours sick leave the opportunity of donating accrued sick
leave time to a designated employee whenever extraordinary
circumstances require the designated employee to be absent from work for
a lengthy period of time (workers compensation leave time excluded), and
when the employee has exhausted all accrued sick and vacation leave
down to 40 hours.
23.8.2 Extraordinary circumstances shall be defined as lengthy hospitalization,
critical illness or injury.
23.8.3 When there appears to be a need to share sick leave, bargaining unit
members who are willing to contribute sick leave hours must submit an
Employee Activity Report to the Human Resources Department for proper
charge to their sick leave records.
23.9 Restricted Sick Leave
23.9.1 No member may be placed on restricted sick leave unless_a pattern of sick
leave abuse is present and the employee has had a counseling session with
his/her Director or Department Head. During that counseling session, the
employee will be informed of the reasons being considered for restricted
sick leave. At that time, the employee will be given an opportunity to
explain the sick leave taken.
23.9.2 When an employee is placed on restricted sick leave, the employee will be
notified in writing of that fact. An employee placed on restricted sick
leave shall be re-evaluated in three months. If no violation is noted the
employee shall be removed from restricted sick leave status. If not re-
evaluated within five (5) business days after the three (3) month period,
the employee will be automatically removed from restricted sick leave.
23.9.3 During the initial ninety (90) day restricted sick leave period, if there is a
violation of the restricted sick leave policy, progressive discipline shall be
applied and the employee will be placed on another ninety (90) day period
of restricted sick leave beginning on the date of the policy violation. For
each successive restricted sick leave violation the employee shall be
placed on restricted sick leave for an additional ninety (90) day period and
shall be subject to further progressive discipline up to and including
termination.
47
NCF&O/SEIU Local 1227
White Collar Bargaining Unit
City Of Boynton Beach
ARTICLE 24
24.0 WORKERS COMPENSATION
24. I Whenever an employee is totally disabled from duty for a period of no more than
seven (7) calendar days because of an injury determined to be compensated under
the provisions of the Worker's Compensation Act, he/she shall be entitled to full
regular pay.
24.2 If the period of disability is greater than 7 calendar days, the employee shall
receive a sum of money up to an amount equal to the difference between hislher
worker's compensation check and hislher normal net pay up to three (3)months.
At the end of three (3) months, the Risk Manager will review the medical
certification from the employee's authorized workers' compensation treating
physician for a determination of pay status. If the authorized medical certification
justifies temporary total disability, the salary supplement continuation will be
granted. If the continuation of the salary supplement is granted, it shall continue
at the same rate as defined above for up to an additional three (3) months.
In no case will the salary supplement be extended beyond six (6) calendar months
from the date on which the salary supplement began.
24.3 Once the salary supplement as identified in section 24.2 is exhausted, the injured
employee may elect to receive accrued sick leave, and after the sick leave is
exhausted, vacation leave, in accordance with hislher regular hourly wage to the
extent that hislher combined sick leave or vacation leave, and workers'
compensation benefits equal hislher regular weekly net take home salary. The
employee must contact the payroll clerk to quality for the combined check.
24.4 It is incumbent on the employee to make application for disability in accordance
with their pension plan and the insurance plan they are covered under. Failure to
do this automatically cancels the additional City benefits.
24.5 If the appropriate disability plan denies the claim, the additional City supplement
benefit will be canceled. If the appropriate disability plan accepts the claim, the
salary supplement will be canceled after issuance of the disability pension check
or at the end of the time duration outlined above, whichever comes first.
24.6 If an employee who is receiving Worker's Compensation payment along with City
supplement, sick or vacation leave, is found to be working or receiving
compensation for hislher services elsewhere, during this period, he/she will be
obligated to reimburse the City for all medical expenses and supplement, sick or
vacation pay taken and shall be subject to dismissal.
48
City Of Boynton Beach
NCF&O/SEIU Local 1227
White Collar Bargaining Unit
ARTI CLE 25
25.0 LIGHT DUTY
25.1 Employees who have injuries which prohibit them from performing their regular
assignments may return to work and perform light duty when there is light duty
work available and the City has determined that the employee is able to perform
the work without risk of further injury. The City is under no obligation to create
light duty work. If there is no work available the employee will remain on sick
leave status until he/she has a full release to return to work from his/her doctor.
49
City Of Boynton Beach
NCF &O/SEIU Local 1227
White Collar Bargaining Unit
ARTICLE 26
26,0 ACATION
26.J\ch full time employee shall earn vacation leave as follows:
Yeare r Service
Vacation Days
Vacation Hours
I Y
2-3 v,:?rs
4 Y.
5Y
6 Yc,i(,
7Y,:
8Y
9 Ye"fS
10-1 :ars
16-2Gdrs
21 y, After
10
15
16
17
18
19
20
21
22
24
25
80
120
128
136
144
152
160
168
176
192
200
26.2 ,cation leave may be taken as earned subject to the approval of the Department
! ead who shall schedule vacations to meet the operating requirements of the
;. <'partment.
26.3 Employees may accrue vacation leave to a maximum of the leave earned in the
most recent two employment years. Vacation leave accrued during October 1-
September 30 may exceed this stated policy, however, any amount over the
aP.',wable maximum that has not been used during that (October I - September
? ) period will be forfeited as of September 30. However, employees who have
b~'n denied vacation shall have the excess vacation hours paid to them, at their
regular straight time rate of pay in the last pay check of the fiscal year.
26.4 V,cation requests of three (3) shifts or less must be requested and approved or
demed within one (1) day of the work shift the day the request is made. Vacation
requests of four (4) shifts or more must be requested and approved or denied
within two (2) days of the day the request is made.
26.5 Emergency Cash-In of Vacation and/or Sick Leave Time
26,5.1 Employees faced with sudden extraordinary circumstances of hardship
who have in excess of 40 hours of accrued vacation are eligible to request
emergency cash in of vacation. If approved, an employee may convert up
to 90 hours to cash (less applicable taxes) provided they have 40 hours
remaining in their vacation accrual account after the cash-in. Conversions
must be done in increments of one work day.
50
City Of Boynton Beach
NCF&O/SEIU Local 1227
White Collar Bargaining Unit
26.5.2 Employees who do not have enough vacation time to use for the total
amount of emergency cash may consider including sick leave hours. Sick
leave hours cash-in will be calculated at 50% of the_employee's hourly
rate. The total of vacation and sick may not exceed 90 hours and vacation
hours must always be used before sick hours. Payment for sick leave hours
may only be granted if the employee has the amount of sick leave credited
to his/her sick leave account. The employee must retain a minimum of
eighty (80) sick hours on the books.
26.5.3 A request must be made in writing outlining the emergency and submitted
to the Human Resources Director on the appropriate form. A committee
comprised of the City Manager, Finance Director and Human Resources
Director will then review the request and approve the requested hours in
total or modified as they see fit. This benefit can be used only once each
year. At the discretion of the City Manager, the time limit rule may be
waived if there are exigent circumstances.
26.5.4 Denial of sick leave pay will be made in writing stating the reasons for the
denial. Employees may take advantage of this provision once during each
year of this agreement
26.6 Employees shall be allowed to take up to twenty-four (24) hours of emergency
vacation leave on an annual basis. Employees shall make such a request in
accordance with the applicable, published call-in procedure outlined in Article
25.1 of this Agreement.
26.7 An employee who takes leave without a timely request or without approval shall
be subject to additional disciplinary action.
51
NCF&O/SEIU Local 1227
White Collar Bargaining Unit
City Of Boynton Beach
ARTICLE 27
27.0 BONUS DAYS
27.1 INTENT
The intent of this Article is to establish a weJJness program designed to minimize
time lost on the job and to help reduce the City's overaJJ health insurance
expenses. The City recognizes that employees occasionally suffer from injuries or
illness necessitating the use of paid sick leave time off. However, this program
provides incentive to reward those employees who use sick time responsibly.
27.2 ACCRUAL
27.2.1 AJJ fuJJ time City employees covered by this policy are eligible to receive a
bonus day for continuous attendance at work at the completion of each calendar
quarter that the employee has not used sick time during the previous quarter, nor
has been absent from work or on leave other than those paid leave categories
recognized in this document.
27.2.2 Bonus days shaJJ be counted as vacation leave and subject to the provision
set forth for use of vacation.
52
City Of Boynton Beach
NCF&O/SEIU Local 1227
White Collar Bargaining Unit
ARTICLE 28
28.0 HOLIDAYS
28.1 The following holidays shall be observed for employees in the bargaining unit:
New Year's Day
President's Day
Independence Day
Veteran's Day
Day after Thanksgiving
Christmas Day
Martin Luther King, Jr. Day
Memorial Day
Labor Day
Thanksgiving Day
Christmas Eve
In addition, the employee may take his or her birthday with notice to their
supervisor. Birthdays that fall on a weekend may be taken on Friday or Monday
without prior notice. If taken, the birthday will be charged as a vacation day.
Holidays are not cumulative or interchangeable.
28.2 For each observed holiday, a full-time employee shall be entitled to eight (8)
hours of pay at the employee's regular rate of pay, except where employees are
normally scheduled to work a ten (10) hour day. In that case, they shall receive
then (10) hours of pay. In all events, where the employee is scheduled off for the
holiday, the employee is scheduled on during a holiday, the employee shall be
paid their regular rate of pay for working the holiday (time and one-half) and shall
be paid straight time for the holiday. Hourly rate employees must work their
regular work days immediately before and after the holiday in order to receive pay
for the holiday or be in an authorized with pay status immediately before and after
the holiday. '
28.3 A full-time employee required to work and who actually works on an observed
holiday, or on the actual calendar day of the holiday but not both,. shall receive
time and one-half (11/2) their regular rate of pay for all hours worked in addition
to that payment provided in 28.2.
28.4 Employees on vacation, annual military leave, jury duty, sick leave, funeral leave,
and other absences from duty, but on active pay status on the day the holiday is
observed must use the holiday on the same day that it is earned. Holidays that
occur during vacation leave shall not be charged against such vacation leave.
28.5 Holidays falling on a Saturday shall be observed the preceding Friday. Holidays
falling on Sunday shall be observed the following Monday.
53
NCF&O/SEIU Local 1227
White Collar Bargaining Unit
City Of Boynton Beach
ARTICLE 29
29.0 COMPASSIONATE LEAVE
29.1 In the event ofthe death of the mother, father, child, foster parent, foster child,
brother, sister, husband, wife, son, daughter, son-in-law, daughter-in-law,
grandparent, grandchild, mother-in-law, or father-in-law of a regular employee, the
employee shall be entitled to paid compassionate leave not to exceed three (3)
consecutive workdays for anyone death. However, if it is necessary for the
employee to leave the State in connection with the interment of the deceased, five
(5) consecutive workdays shall be allowed. Employees must submit proof of death
in order to be eligible for this article. The City Manager may grant additional leave
under this section when he/she deems it appropriate.
54
City Of Boynton Beach
NCF&O/SEIU Local 1227
White Collar Bargaining Unit
ARTICLE 30
30.0 MILITARY LEA VE
30.1 Reserve Training: All employees in the City service who are members of military
reserve units and who must attend annual training sessions are entitled, pursuant
to Florida Statute 115.07-to seventeen (17) calendar days with pay each year in
order that these employees may fulfill their military obligations. Fire department
shift personnel will be granted a maximum of nine (9) shift days.
30.2 Active Duty: All employees who are reservists and are ordered to active military
duty shall continue to receive full City pay for the first thirty (30) days of active duty
and thereafter shall receive supplemental pay from the City, in an amount necessary
to bring their total compensation, inclusive of their base military pay, to the level
earned at the time they were called to active military duty.
30.3 The City will continue to pay the eligible employee's portion ofheaJth, dental and
life insurance premiums and the City's pension contribution. If an employee has
dependent insurance coverage, the Finance Department will consider this in
determining the amount of supplemental pay so that the dependent insurance
premiums can be paid prior to the supplemental check calculation. The
employee's pension contribution will also be made prior to the supplemental
check calculation. If the supplemental pay is not sufficient to pay the dependent
coverage, the employee will be responsible for sending the City a check to cover
the dependent premium. The employee will also be responsible for making
arrangements for any other benefit premium or other deduction.
30.4 Continued Service: Unless the person provides the City with written notice that
they do not plan to return to employment with the City, no break in service will
occur during the period of active duty and the employee with continue to accrue
service for purposes of seniority and pension eligibility
55
City Of Boynton Beach
NCF&O/SEIU Local 1227
White Collar Bargaining Unit
ARTICLE 31
31.0 LEAVE OF ABSENCE
31.1 A regular employee may be granted leave of absence without pay for a period not to
exceed six,months for sickness, disability or other good and sufficient reasons that
are considered to be in the best interest of the City. Requests must be in writing. A
leave of absence without pay of up to 30 calendar days can be approved by the
employee's Department Head and the Human Resources Director. A leave of
absence in excess of30 calendar days must be approved by_the City Manager.
Employees that are on approved leave of absence without pay will be responsible
for paying all their benefit premiums, e.g., insurance, etc.
31.2 Leave of absence without pay will not be granted in order to accept employment
with another employer. If granted, leave of absence without pay may subsequently
be withdrawn and the employee recalled to service. All employees on leave of
absence without pay are subject to applicable provisions of these rules. There will be
no accrual of sick leave, vacation leave or seniority during a leave of absence
without pay exceeding 30 days.
31.3 The City Manager, at his or her discretion, may approve up to an additional 6
months leave of absence without pay.
56
City Of Boynton Beach
NCF&O/SEIU Local 1227
White Collar Bargaining Unit
ARTICLE 32
32.0 UNAUTHORIZED ABSENCE
32.1 A bargaining Unit Member who is absent from work without authorized leave for
a period of more than three days shall be deemed to have abandoned his or her job
and shall be separated from employment with the City. Separation of this type
shall not be considered a disciplinary separation.
32.2 However, a bargaining unit member who is absent from work without authorized
leave for a period of not less than 3 days or more than 30 days, but who was
physically unable to notify hislher employer or have another person notify hislher
employer shall not be deemed to have abandoned his or her job and shall not be
separated from employment with the City. Under these circumstances the
Director, Human Resources must be provided with details of the absence and
he/she must determine if just cause exists.
57
NCF &O/SEIU Local 1227
White Collar Bargaining Unit
City Of Boynton Beach
ARTICLE 33
33.0 JURY DUTY
33.1 Leave with pay may be authorized in order that regular employees may serve
required jury duty or a subpoena issued by a court of law to appear as a witness on
cases relevant to the City, provided that such leave is reported in advance to the
Department Director. All pay granted under this section must be approved by the
Department Director. In order for the employee to receive their regular pay for such
leave the employee must deposit the money which he/she receives for jury duty or as
a witness with the City Finance Department for those days that coincide with hislher
regular work schedule, unless otherwise provided by law. Employees can keep only
travel expense monies. Employees subpoenaed as witnesses in cases unrelated to
City business may take vacation leave in order to receive pay.
58
City Of Boynton Beach
NCF &O/SEIU Local 1227
White Collar Bargaining Unit
ARTICLE 34
34.0 SENIORITY & LAYOFF & RECALL
34.1 For the purpose of this Contract, "seniority" shall be defined as the employee's
length of continuous service with the City of Boynton Beach. The City and the
Union recognize the value of an experienced workforce and agree that an
employee's seniority shall be considered along with the needs of the City, when
affecting decisions on vacations, promotions and shifts.
34.2 Employees shall lose their seniority for the following reasons:
a. Termination
b. Retirement
c. Resignation
d. Layoff exceeding the period of recall
e. Unexcused absences for three (3) or more days
f. Failure to report to the human resources office intention of returning to
work within five (5) days of receipt of recall as verified by certified
mail.
g. Failure to report from military leave within the time prescribed
34.3 Layoff and recall of employees shall be handled in the following manner:
a. The City Manager may lay-off any employees in the bargaining unit
whenever such action is made necessary because of shortage of work
or funds, the abolition of a position or changes in the work force.
However, no regular employee shall be laid off while there are
employees with less seniority or temporary or part time or
provisional or probationary employees in the same classification
serving in the department where the lay-off occurs.
b. Whenever a layoff of one or more employees becomes necessary the
City Manager shall notify the Union at least two weeks in advance of
the intended action and the reasons therefore.
c. Layoffs will be made in reverse order of seniority within the
department. Senior laid-off employees of the department shall be
able to displace (bump) junior employees who are in any equivalent
or lower classification for which the bumping employee is eligible
for or for which he qualifies by meeting the requirements as set forth
in the job description.
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d. Laid-off employees also shall have the right to accept the lay-off. In
this connection, the laid-off employee shall have his name placed at
the top of the eligibility list for any position which becomes open,
and for which the employee is qualified. The employee may pass or
accept placement into any such open position for a period of one
year.
e. Employees shall have recall rights for a period of one year from the
date the lay-off took affect. Upon recall, employees shall have all
seniority and benefits restored with the exception of any benefits that
were cashed in during lay-off period.
f. Employees may also choose to accept the lay-off at the time of the
initial lay-off and receive a severance package of nine weeks wages.
In this connection, the employee may not reapply to a position within
the City for one year from the date the lay-off took affect and shall
not be placed on the recall list.
g. It shall be incumbent on the laid-off employee to ensure the City has
information pertaining to his most recent address for the purpose of
recall.
h. Employees shall be recalled in the inverse order of the layoff. The
City shall recall employees via a written document using the US
Mail service. Recall letters shall be sent certified, with a return
receipt requested. Employee shall have ten (10) business days to
respond to the recall letter. A laid-off employee who is temporarily
unable to return to work due to medical reasons shall receive an
extension of recall rights not to exceed four (4) months.
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White Collar Bargaining Unit
ARTI CLE 35
35.0 RECRUITMENT AND SELECTION
35.1 In order for the City to be operationally competitive with other governmental
entities as well as the private sector, the recruitment and retention of qualified
employees is of paramount importance. To achieve maximum efficiency the City
must have the flexibility to fill vacancies through either promotion or outside hiring.
Vacant positions shall be filled in the best interests of the City through recruitment,
selection, and promotion of employees on the basis of their qualifications and
relative knowledge, abilities, and skills.
35.2 Basic Requirements
35.2.1 Human Resources is responsible for the nondiscriminatory implementation
of this policy.
35.2.2 Each department is responsible for assisting the Human Resources
Department with recruitment, interviews, tentative selections, and
recommendations for appointment. Departments have no authority to modify
or waive the provisions of the PPM.
35.2.3 Human Resources has primary responsibility for hiring employees. All
employment discussions are to be considered non-obligatory, exploratory,
and tentative in nature and should be indicated as such to the applicant. Any
offers of employment made to an individual prior to obtaining all necessary
authorizations shall not be binding on the City.
35.2.4 The City shall make every effort to fill open bargaining unit positions within
sixty (60) days ofthe position becoming vacant, except that nothing here
shall prevent the City from changing, modifying or eliminating vacant
bargaining unit positions.
35.3 Procedures
35.3.1 Applications and Interviews
35.3.1.1 Once Human Resources has officially announced a job vacancy
through the posting of an Employment Opportunity notice, the official
recruitment process has begun. The recruitment process may be
withdrawn for any position, provided that such is not arbitrary or
capricious, upon written notice to the union by the Director of Human
Resources.
35.3.1.2 Individuals desiring consideration for employment must submit an
Application for Employment, or a resume to Human Resources.
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White Collar Bargaining Unit
Employees are encouraged to submit applications for promotional
opportunities. All applicants submitting a resume and granted further
consideration shall complete an Application for Employment. Veterans
preference will be given in compliance with current legislation.
35.3.1.3 Applications must be signed by the applicant. Falsification of any part
of the Application for Employment or any related documents may,
upon discovery, lead to the denial of an application, withdrawal of an
offer of employment, or dismissal of the employee.
35.3.1.4 All applications and resumes received by departments must be
forwarded to Human Resources.
35.3.1.5 Applications for employment may be accepted by the Human
Resources Department when there are current vacancies for a specified
position.
35.3.1.6 When a vacancy occurs, previously submitted applications and
resumes on file in Human Resources may be considered in addition to
all new applications and resumes received until the established closing
date or until the vacancy is filled.
35.3.1.7 Certain classifications may require applicable testing prior to being
given consideration. Human Resources will administer tests required
and ensure that passing scores are attained prior to forwarding an
application to a department for consideration.
35.3.1.8 Human Resources shall advise the appropriate Department Head of the
eligible applications.
35.3.1.9 Upon receipt of the eligible applications, the department should:
a. Review and evaluate all applications and resumes based on, but
not limited to relative qualifications, knowledge, abilities, skills,
education, experience, and certifications or licenses required in
accordance with current class specifications; and,
b. Prepare an interview schedule and communicate the departments
intent with Human Resources prior to conducting interviews. For
all positions covered under this bargaining agreement, a member
of the bargaining unit, from within the division or department
and selected by the department head, shall participate on the
interview panel. Human Resources may assist in scheduling,
contacting, or co-interviewing of applicants at the request of the
department; and,
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c. Determine which candidates are most suitable for further
consideration and proceed with additional interviews, if
necessary; and,
d. Determine whether the applicant pool not was sufficient prior
to recommendation for employment.
35.3.2 Selection, Reference Checks and the Recommendation Process
35.3.2.1 Once the interview process has determined suitable applicants, the
department shall be responsible for checking references. No inquiry
regarding criminal records, credit history or medical conditions shall be
made at this step of the evaluation.
35.3.2.2 Human Resources may also conduct verifications regarding academic
degrees, previous employers, character references. All information
provided on the Application for Employment will be subject to
verification as needed.
35.3.2.3 Once the results of reference checks and other verifications appear
satisfactory, the department will be notified in order that processing may
continue.
35.3.2.4 The department may then recommend an applicant for employment and
submit the proper forms to Human Resources for processing. If the
Department Director proposes a salary that exceeds the minimum of the
position's pay range, written justification must be included for
consideration of the salary.
35.3.2.5 Upon receipt of a recommendation for employment and in conjunction
with a tentative offer of employment, a pre-employment physical, which
may include a drug test, for the applicant is then scheduled. Medical
examinations must be satisfactorily passed to determine fitness to
perform the duties of the position. At this step of the hiring process,
Human Resource, with the assistance of the Florida Department of Law
Enforcement (FDLE) shall check the prospective employee for a
criminal record and may obtain, following the requirements of the Fair
Credit Reporting Act, the prospective employee's credit.
35.3.2.6 After acceptance of an applicant's physical examination and drug test
results, criminal background check and credit check, if required, the
Human Resources Director may authorize proceeding with the hiring
process,
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White Collar Bargaining Unit
35.3.3 Employment Acceptance
35.3.3.1 Employment acceptance must be made by the applicant within three
(3) workdays of the department's employment offer, unless otherwise
extended by Human Resources. If employment acceptance is declined,
the department may consider another applicant from the recruitment's
applicant pool, or the department may choose to begin a new
recruitment. Employment Procedures shall be followed in either case.
35.3.3.2 The department must notify Human Resources of the tentative hire
date. New employees must provide proof of work eligibility and
verification of identity to the City. Human Resources will forward the
necessary employee paperwork to the Finance Department for payroll
purposes.
35.3.4 Orientation
Human Resources shall schedule and conduct a general orientation program for all
new employees to explain the City's history and organization, to complete benefit
program enrollments, and to stress the use of safe work practices.
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White Collar Bargaining Unit
ARTICLE 36
36.0 SAFETY AND HEALTH
36.1 The City shall comply with all State and Federal regulations pertaining to the
occupational safety of the members of this bargaining unit The City has and will
maintain a safe and healthy working environment for bargaining unit employees.
36.2 Employees who are in positions designated by the Safety Committee will receive
a shoe wage allowance of $190.00 each year for safety shoelboots payable once
for each year of this Agreement
The City/Safety Committee will be responsible for deciding which positions
require the wearing of safety shoes based on OSHA standards and
recommendations. Management shall determine the type and quality of such
shoes.
36.3 Employees who fail to wear proper safety equipment when required are subject to
disciplinary action.
The City shall provide specialty shoes/boots as necessary, at no cost to the
employee, such as di-electric boots or after documentation from a physician
indicating a medical condition exists.
36.4 The City shall make available immunization shots for tetanus, hepatitis, and
diphtheria for all members of the bargaining unit as requested on a voluntary
basis.
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NCF&O/SEIU Local 1227
White Collar Bargaining Unit
ARTICLE 37
37.0 INSURANCE
37.1 The City shall pay the total medical insurance, dental insurance, and vision care
premiums for all regular employees. The employees will pay the full cost of
medical insurance, dental insurance, and vision care premiums for their
dependents. Existing or comparable coverage shall remain in effect for the
duration of this Agreement; however in the event the City can provide for
alternative equivalent benefits options for employees then the health insurance
coverage for the employee and their dependents may be amended from time to
time. In this connection, should the employees' cost to provide dependent
coverage for their dependents increase more than 15 % during any fiscal year, the
City agrees to open this Article for the purpose of impact bargaining. The
selection of insurance coverage shall be made on an annual basis by the City. To
that end, the City will form an insurance committee to be comprised of an equal
number of non-represented members who are appointed by the City Manager and
two members from each of the city's bargaining units. Bargaining unit
representatives shall be designated by the Union. The final decision regarding
selection of coverage is reserved to the City, but the City shall strongly consider
input and recommendations from the insurance committee.
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White Collar Bargaining Unit
ARTICLE 38
38.0 PERSONNEL FILES
38.1 A personnel file for all City employees is maintained by the City's Human
Resources Department. If a request is made to review an employee's personnel
file by someone other than the Department Director, the Human Resources
Department Staff or the City Manager's office, a notice will be sent to the
employee notifying him/her of such a request. Consistent with State law, the City
agrees that upon request, a member shall have the right to inspect his/her own
personnel records and shall have the right to make one duplicate copy of his/her
records at no expense. Additional copies may be obtained at the employee's
expense. The City will purge personnel files in accordance with appropriate
Florida State Statutes. The employee file maintained by the Human Resources
Department shall be the official file for each employee.
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NCF&O/SEIU Local 1227
White Collar Bargaining Unit
ARTICLE 39
39.0 TUITION ASSISTANCE PROGRAM
39.1 PURPOSE
Defines the Tuition Assistance Program, which reimburses eligible employees for
successful completion of approved courses up to a $1,500.00 cap for Associate
degrees, a $2,000.00 cap for Bachelors degrees, and a $3,000.00 cap for graduate
degrees per fiscal year for tuition and books. The City makes no commitment to
employees that advancing their education will result in either a promotion or pay
Increase.
39.2 SCOPE
39.2.1 The provisions of this procedure shall apply to all full time employees who
choose to attend an accredited college or university to pursue an approved
degree course.
39.2.2 LIST OF RESPONSIBILITIES:
a. All full time Employees
b. Division Heads
c. Department Managers
d. Tuition Assistance Coordinator
e. Director, Organizational and Strategic Development (OSD)
f. Human Resources
39.2.3 DEFINITIONS
39.2.3.1
Full time employee - an employee who has completed one
year of service with the City after hiring or promotion to
full time status.
39.2.3.2
Tuition Assistance Coordinator - Assigned designee who
coordinates the Tuition Assistance Program.
39.2.3.3
Director, Organizational and Strategic Development
Assigned person who supervises the Tuition Assistance
Program.
39.2.3.4
CAP - Upper limit on dollar amount that the City shall
reimburse.
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White Collar Bargaining Unit
39.3 REQUIREMENTS
39.3. I Eligibility
39.3.1.1 Applicants shall be full-time employees and meet the following
performance and length of service requirements prior to
beginning classes.
39.3.1.2 Full time employees who have completed their one-year
probation. Part-time and Temporary Employees shall not be
eligible to receive tuition assistance.
39.3.1.3 Employees must maintain a minimum or comparable rating of
"meets standards" on performance reviews in order to remain
eligible for tuition assistance.
39.3.2 Application
39.3.2.1 Employees may apply for reimbursement limited to $1,500.00
per AA or AS, $2,000.00 per BA or BS, and $3,000.00 for
graduate degrees cap per Fiscal Year by completing the
Application for Tuition Assistance form (PDF. 021) available
in the Organizational & Strategic Development department,
Human Resources departments, and on the "S" drive.
39.3.2.2 Application is restricted to tuition and texts only for approved
courses required in the program.
39.3.2.3 Approval Cycle: Completed applications for Tuition Assistance
should be submitted by the applying employee to their manager
for approval, then sent through their area signature cycle,
including their Division Director and then to the Tuition
Assistance Coordinator who will submit it to the Director
Organizational & Strategic Development for final approval.
39.3.2.4 The Director Organizational and Strategic Development must
approve applications prior to attending the first class to verify
the class is eligible for reimbursement. Employees who begin
classes prior to approval by those listed on the Approval Cycle
will not be reimbursed. Incomplete applications will be
returned to the employee and will delay approval.
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White Collar Bargaining Unit
39.3.2.5 Original receipts for tuition and books should be sent to the
Tuition Assistance Coordinator as soon as they are available.
Reimbursement will not be made without original receipts.
39.3.2.6 Final approval of all Tuition Assistance applications rests with
the Director of Organizational & Strategic Development. Job-
relatedness as determined by the City shall factor significantly
into the City's decision to approve a given course or program.
39.3.2.7 Once approved, a copy of the application shall be returned to
the employee. This copy should be saved and re-submitted
with the original course grade at the end of the course to the
Tuition Assistance Coordinator. Courses or books that are
rejected from reimbursement shall be noted on the copy.
39.3.3 Selection of courses and schools
39.3.3.1 Tuition Assistance is granted at the City's sole discretion for
individual courses based on course content and job-related
factors. Generally, courses must aid employees to improve
performance in their present job or prepare for advancement
within the City. All courses in a degree program shall not be
automatically covered. Electives must be chosen to provide the
greatest benefit for the employee's current position or a future
position within the organization.
39.3.3.2 Colleges and universities must be accredited by the appropriate
regional accrediting association, and must be included in
Florida's Independent Licensed and Accredited Colleges and
Universities and/or the Directory of Accredited Institutions.
39.3.3.3 Colleges and Universities granting degrees by distance learning
media must be accredited by the appropriate regional
accrediting association, and must be included the Directory of
Accredited Institutions. The availability of courses at a
community college or four-year university in the local area, as
well as the ability of the employee to attend these classes, shall
be a determining factor in approving a correspondence course.
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White Collar Bargaining Unit
39.4 Ineligible Courses
39.4.1
39.4.2
39.4.3
39.4.4
39.4.5
39.4.6
39.4.7
Certain courses shall be considered ineligible for reimbursement under
all circumstances, even if they are a degree requirement. Examples of
these types of courses are: physical education and sex education
classes.
Seminars, of any kind, shall not be reimbursed under the Tuition
Assistance Program.
The Tuition Assistance Program shall not cover classes that earn
Continuing Education Units (CEUs).
Review courses designed to "coach" the participant to improve their
chances in passing a test, such as a CPA examination or college
entrance test (SAT), shall not be covered.
Courses that are graded on a pass/fail option shall not be eligible.
Courses that officially began prior to the employee becoming eligible
for tuition assistance shall not be eligible.
Courses issuing credit for "Life Experience" or Portfolios shall not be
covered.
39.5 Materials and Fees
39.5.1 Eligible for reimbursement.
39.5.1.1 One hundred percent (100%) of tuition shall be reimbursed if a
grade of "B" or better is earned. Fifty percent (50%) of tuition
shall be reimbursed if a grade is "C." There shall be no
reimbursement for courses where the earned grade is below "C."
39.5.1.2 Cost of all required books for which an original receipt is
submitted shall be reimbursed. Employees may be required to
provide documentation that their professor or instructor requires
certain books.
39.5.2 Ineligible for Reimbursement.
39.5.2.1 The following fees shall be ineligible for reimbursement: activity,
administrative, application, course change, entrance exams (e.g.,
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NCF&O/SEIU Local 1227
White Collar Bargaining Unit
SA T, GRE, GMA T), graduation, health, laboratory, late
registration, library, parking, registration, transcript, etc.
39.5.2.2 The following equipment, supplies or miscellaneous costs shall be
ineligible for reimbursement: pens, pencils, folders, notebooks,
study guides, private tutoring, calculators, tape recorders,
photographic equipment or supplies, computer equipment or
supplies, software, etc.
39.6 Tuition and Books
39.6.1 Eligible for Reimbursement
39.6.1.1 The maximum per hour reimbursement will be based on the
current tuition rates at Public institutions in the area, and is
limited to tuition and texts only for approved courses.
39.6.1.2 The approved copy of the Application for Tuition Assistance
form shall be documentation that the employee is eligible for
Tuition Assistance in accordance with City policy. This
approval does not imply the City will accept responsibility to
pay the employees tuition to the school or any other party.
39.6.1.3 Tuition and books which are paid by student loans are covered
under this policy. Employees must produce proof of student
loan if they are not the payee on the registration documentation.
39.6.1.4 Employees will be reimbursed the difference between the
amount covered by non-refundable financial assistance and the
total cost of tuition and books up to the maximum of the
amount allowed under this policy when the cost of tuition and
books exceed the limit of the scholarship or financial aid.
Employees must provide proof of financial aid and or the value
of the scholarship
39.6.2 Ineligible for Reimbursement
39.6.2.1 Courses which are covered under any non-refundable financial
aid, including scholarships, and government assistance, are not
covered under this policy. Employees may not submit claims
for reimbursement for tuition or books, which are covered by
non-refundable financial assistance.
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White Collar Bargaining Unit
39.7 Terminated employees
39.7.1 If an employee receives approval for a particular semester and begins
attending classes, but is involuntarily terminated by the City prior to the
completion of the courses, the City may at its sole discretion reimburse the
covered expenses. The course must have already started prior to the
involuntary termination for reimbursement to be paid.
39.7.2 Employees who voluntarily leave their employment or are terminated "for
cause" will be required to reimburse the City 100% of the tuition
assistance received during the 24 month period prior to their termination
date.
39.8 Submission of Grades
39.8.1
39.8.2
39.8.3
39.8.4
39.9 Disbursement
39.9.1
39.9.2
A copy of the approved Application for Tuition Assistance form or a
facsimile shall be re-submitted to the Tuition Assistance Coordinator
along with the original grade report and any remaining original
receipts.
Approved applications will be held for four (4) weeks after the
anticipated course completion date. Grades or receipts not presented
by this time shall not be reimbursed.
Employees will usually be reimbursed for approved courses within
four weeks from submission of the final grade report. All
reimbursements shall be paid by City check.
If a degree is earned, a copy must be submitted to the Tuition
Assistance Coordinator so that it may be included in the employee's
file.
Tuition assistance will be granted up to and including available funds
in the budget for the fiscal year. At no time will reimbursements
exceed the available funds in the current fiscal year budget.
Reimbursements will not be retroactive and will cover only those
classes taken in the fiscal year in which they applied.
39.10.1
39.10 Responsibility and Authority
Management, at all levels, shall be responsible for enforcing this
policy within their area.
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NCF&O/SEIU Local 1227
White Collar Bargaining Unit
39.10.2 The interpretation and administration of this policy shall be the
responsibility of the Director of Organizational and Strategic
Development.
39.10.3 The Director of Organizational and Strategic Development or assigned
designee, shall be responsible for the audit, approval, and processing
of tuition assistance applications and reimbursements.
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NCF&O/SEIU Loca11227
White Collar Bargaining Unit
ARTICLE 40
40.0 GENERAL PROVISIONS
40.1 Except in the case of negligence or misuse all employees requested to furnish
tools for their job shall receive replacement tools for tools broken in performance
of the City's work provided they furnish the City with a list of their personal tools
approved by their department head. Employees who are assigned City-provided
tools, materials and items of value to perform their job, and who lose those tools,
materials and items of value, shall be responsible for replacing those lost tools,
materials and items of value. Tools stolen from their assigned City-owned vehicle
or City property shall be replaced by the City, if there was no negligence in their
loss. In the event that the employee was negligent, the employee shall be
responsible for the replacement of the stolen tools.
40.2 The employee shall be allowed to place written refutations and or responses into
their personnel file and/or departmental work file when those refutations or
responses relate to material placed into the personnel file that has been prepared
by supervisors.
40.3 For the term of this agreement, employees who are required to wear uniforms
shall receive the same number of uniform pieces allocated to them prior to the
ratification of the agreement. The cost of the uniforms shall be borne by the City.
40.4 All uniform pieces and any uniform shoes required by the department to comply
with departmental appearance standards shall be supplied by the City All uniform
articles will be provided through the City's warehouse.
40.5 Employees who are not required to wear uniforms shall be allowed to continue to
wear City polo shirts in the color choice of the City. The City shall provide seven
(7) polo shirts to each employee on their anniversary date. The cost of uniforms
and/or polo shirts shall be borne by the City.
40.6 No alcoholic beverages are to be purchased or consumed while wearing a City
polo shirt or a City uniform.
40.7 Automobile Allowance - Employees who are employed in the Building and
Occupational License Department, and who are regularly required to use their
personal vehicle for City business shall receive a $490.00 monthly car allowance.
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White Collar Bargaining Unit
ARTICLE 41
41.0 DUES DEDUCTION
41.1 For all union business, employees covered by this agreement should first contact
their union steward.
Employees covered by this Agreement may on the prescribed form, authorize
payroll deduction for the purpose of paying LOCAL 1227 dues deductions and/or
COPE deductions. Employees shall receive copies of the form from either the
City Finance Department or their Union office.
41.2 The Union will initially notifY the City as to the amount of dues and COPE
deductions. Such notification will be certified to the City in writing over the
signature of an authorized officer of the Union. Changes in Union membership or
COPE dues will be similarly certified to the City and shall be done at least one (1)
month in advance of the effective date of such change. To revoke the payment of
Union dues or COPE deductions, the employee shall go to the Union office and
Union staff shall prepare and mail notice of such change to the City's Finance
Department.
41.3 Dues shall be deducted each pay period and remitted monthly and the funds shall
be remitted along with a list of employees contributing to the Treasurer of
LOCAL 1227 within fifteen (15) days after the end of the month. The Union will
indemnifY, defend and hold the City harmless against any claims made or suits
instituted against the City on account of payroll deduction of Union dues.
COPE deductions will be remitted to the union in a separate check on a quarterly
basis beginning April 2004.
41.4 For the purpose of putting this article into effect, the Union will furnish forms for
such individual authorization reading as follows:
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White Collar Bargaining Unit
NOTICE TO CITY AND UNION AUTHORIZATION
FOR DEDUCTIONIDISCONTINUA TION OF UNION DUES
_I hereby authorize my City to deduct from my salary each pay period my Union
dues, as certified to the City by the Union, and to transmit this amount to the Treasurer of
the Union.
_I hereby authorize my employer to deduct from my salary each pay period my
COPE deduction of $1.00 per week, as certified to the employer by the union, and to
transmit this amount to the Treasurer of the union.
I understand that this authorization is voluntary and 1 may revoke it at any time by giving
my City and the Union thirty (30) days advance notice in writing.
Date
Signature
Job Title
Name Printed
Social Security No.
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City Of Boynton Beach
NCF&O/SEIU Local 1227
White Collar Bargaining Unit
ARTICLE 42
42.0 PENSION
Employees will continue to participate in the employees' pension plan of the City
of Boynton Beach Ordinance No. 88-43, as amended. A copy of the plan's annual
actuarial valuation report will be provided to the Union, in its entirety, upon
request from the Union.
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White Collar Bargaining Unit
ARTICLE 43
43.0 SUBSTANCE ABUSE
43.1 The NCFO, LOCAL 1227 recognizes and supports the City's Drug Free
Workplace Policy as adopted in City Code 2- 19 and will work with the City to
enforce the provisions of the policy. The City's Drug Free Workplace Policy
applies to all members of this bargaining unit. Drug testing procedures and
positive test levels shall be as set forth in Florida Statute 112.0445, Florida's Drug
Free Workplace Act, and FAC 4L-9.015. Positive test levels for employees who
are engaged in operation of vehicles or equipment and covered by other state or
federal regulations shall be as established by those regulations.
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NCF&O/SEIU Local 1227
White Collar Bargaining Unit
ARTICLE 44
44.0 PROBATIONARY PERIOD
44.1 In order to determine that each employee is placed in a position most likely to
result in a successful career at the City, all newly hired or promoted employees
shall be required to complete a probationary period.
44.2 New Hire (Full-time):
Each new full-time employee must successfully complete a probationary period of
twelve months from the date of hire.
Promotion from Part-Time to Full-Time:
Each promoted employee must successfully complete a probationary period of
twelve months from the date of promotion.
Upon successful completion of the probationary period, the probationary
employee will be considered a regular employee.
44.3 Promotion to a Higher Graded Position:
Each promoted employee must successfully complete a probationary period of six
months from the date of promotion. Note: Applicants for promotion must have
been in their current position for a minimum of six months and have a Meets
Standards or higher performance rating.
44.4 Transfer to a different position, whether in the same or a lower grade:
Each transferred employee must successfully complete a probationary period of
six months from the date of transfer. Probationary employees, whether in their
first year as an employee or in their six-month promotional probationary period
have no property entitlement to their position.
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White Collar Bargaining Unit
ARTICLE 45
45.0 LONGEVITY BENEFIT
45.1 Employees eligible are those employees who:
a. Have been employed with the City on a regular full-time basis and
continuous basis for a minimum of five (5) years
b. Have an overall "Meets Standards: or above rating on the previous
employee evaluation
45.2 Employees will receive a cash Lump Sum Bonus as follows:
On the employees fifth (5th) anniversary a lump sum payment of $500.
On the employees tenth (lOth) anniversary a lump sum bonus payment of $1 000.
On the employees fifteenth (15th) anniversary a lump sum bonus payment of $1 ,500.
On the employees twentieth (20th) anniversary a lump sum bonus payment of $2,000.
On the employees twenty-fifth (25th) anniversary a lump sum bonus payment of$2,500.
On the employees thirtieth (30th) anniversary a lump sum bonus payment of $3,000.
On the employees thirty-fifth (35th) anniversary a lump sum bonus payment of$3,500.
On the employees fortieth (40th) anniversary a lump sum bonus payment of $4,000.
45.3 Any pay earned for Longevity Benefits is subject to required Federal deductions.
45.4 Employees who terminate from the City employment prior to their hire
anniversary date will not be entitled to benefits.
81
City Of Boynton Beach
NCF&O/SEIU Local 1227
White Collar Bargaining Unit
ARTI CLE 46
46.0 BONUS INCREASES
46.1 In addition to any other monetary benefit, the City Manager is authorized to
approve a bonus of $500.00 when such a bonus justified, in writing, on the
prescribed forms by the Department Head. This bonus will not affect the
employees pay grade and step. Funds for the bonus will be budgeted as a separate
allowance and administered under the direct control of the City Manager.
Employees are not automatically entitled to bonus is a system where top
performance can be recognized by the immediate supervisor and prompt rewards
can be made at the discretion of the supervisor provided the department head
concurs. This top performance must be substantiated by the supervisor and the
Department Head using the prescribed forms furnished by the City Manager.
82
City Of Boynton Beach
NCF&O/SEIU Local 1227
White Collar Bargaining Unit
ARTICLE 47
47.0 LABOR-MANAGEMENT
47.1 A joint labor/management committee composed of an equal number of
representatives from the union and management shall meet within ninety (90)
days of the ratification of this agreement to study and make recommendations on
ways to minimize overtime costs, standby costs, and improve working conditions
for employees, or to take up other subjects as determined by the committee.
During the first meeting, the committee shall determine a meeting schedule to be
implemented.
83
NCF&O/SEIU Local 1227
White Collar Bargaining Unit
City Of Boynton Beach
ARTICLE 48
48.0 SAVINGS CLAUSE
48.1 If any article or section of this Agreement should be found invalid, unlawful or
not enforceable, due to any existing or subsequently enacted legislation or by
judicial authority, all other articles and sections of this Agreement shall remain in
full force and effect for the duration of this Agreement.
84
City Of Boynton Beach
NCF&O/SEIU Local 1227
White Collar Bargaining Unit
ARTICLE 49
49.0 MAINTENANCE OF CONDITIONS
49.1 Except as provided herein, the status quo as it pertains to conditions shall remain
in effect for the duration of this Agreement. Changes to rules and regulations
which reflect standing policy, past practices, management rights, minor changes,
and changes which do not impact on members of this unit may be made by the
City upon notification to the Union. There is no non-salary (age or allowance)
monetary benefit, except as set forth or incorporated by reference in this
Agreement.
49.2 If past practice or status quo is raised at any time during the term of this contract,
then the Union and City agree to document the resolution of the status quo or past
practice by Letter of Agreement, and such letter of agreement shall not survive
this agreement unless incorporated into future agreements.
85
City Of Boynton Beach
NCF&O/SEIU Local 1227
White Collar Bargaining Unit
ARTICLE 50
50.0 POSTING OF AGREEMENT
50.1 The City will maintain a copy of this Agreement for inspection in the Human
Resource Department.
50.2 The City will post a copy ofthis agreement, as ratified, on the City's web page.
50.3 The City will provide the NCF&O with a copy of this agreement on compact disk.
50.4 The City will provide each new employee with a copy of this Collective
Bargaining Agreement at the time of their initial orientation.
86
City Of Boynton Beach
NCF&O/SEIU Local 1227
White Collar Bargaining Unit
ARTICLE 51
51.0 COLLATERAL DOCUMENTS
51.1 This Collective Bargaining Agreement does not exist in a void. Provisions of the
City's PPM, APM, Departmental Rules, and other policies established by
resolution or ordinance (collectively referred to as collateral documents), are
applicable to bargaining unit members unless the terms of said collateral
documents conflict with the terms of a specified articlein this agreement, in which
case the terms of this Agreement shall control..
51.2 Nothing herein shall be interpreted to preclude the right ofthe Union or City to
impact bargain, subject to applicable law.
87
City Of Boynton Beach
NCF&O/SEIU Local 1227
White Collar Bargaining Unit
ARTICLE 52
52.0 DURA TION
52.1 This Agreement shall become effective on ratification by both parties as
prescribed by Chapter 447, Florida Statutes and remain in full force and effect
until September 30, 2006. No wage or benefit provided herein is retroactive in
nature prior to the effective date of this Agreement. Wage and benefit levels
existing on September 30, 2006 shall be frozen as of that date and shall constitute
the status quo during any period of negotiations for a successor agreement.
Agreed to this day of , 2005 by and between the respective
parties through the authorized representatives of the Union and the City.
NA TIONAL CONFERENCE OF FIREMEN & OILERS, SEIU, AFL-CIO,CLC
Witness
PRESIDENT
Sharon Munley
Witness
_. ,- -. -" - . -..-.. _.. _.. -..-.. -..- ..-.. -.. -.. -"-' '-. '-.- -.. -.. _.. - . _.. _.. - -. _.. -.. -.. _. ._-.
CITY OF BOYNTON BEACH
MA YOR
Jerry Taylor
Witness
- "-" -.. - ..- .,-. '-', -.. - .,- ..- ..-..-.. -. --.. -. '-" -.. -.. -. '-" _.. _.. -.. -.. -..-.. _.. _.. - .,-..
ATTEST
CITY CLERK
Janet Prainito
Witness
-.. -.. -.. - -. -"-" -.. --, - "-" _.. -..-.. -..-.. _.. - "-" _.. _.. -. .-.. -. ,_.. -.. - ..- _.-. '- -.-.. _..
APPROVED AS TO FORM AND CORRECTNESS
CITY ATTORNEY
James Cherof
CITY MANAGER
Kurt Bressner
Date ratified by Commission:
Date ratified by Union:
88
City Of Boynton Beach
NCF&O/SEIU Local 1227
White Collar Bargaining Unit
SEIU
HP LASERJET 3200 p.l
Natton.' Conference of Firemen & Oilers
SEIU NCFO Local 1227, AFL.CIO, CLe
:21'2 S. Congress Ave., Suite 207
Palm Springs, FL 33406
JUN 21 2005 2:22PM
- ,
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DATE:
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PHONE:
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FROM:
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NUMBER OF PAGES INCLUDING COVER: .;'
MESSAGE:
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.
Phone: -'5l.965-O077 fax: S61.;l6S.(}151 ToUFr..: 1-888-702-0810
Wcbsite; www.loca1l227.org . emall addro..:iDfo@loca.l1227~ors
~20
JUN 21 2005 2:22PM
HP LASERJET 3200
p.2
SEIU
Nationa' Conference of Ffremen & Oilers
SE1U NCFO local 1227, AFL.CIO, OLe
2112 S. Congress Ave., Suite 207
Palm Springs, FL 33406
-
NCFO
]WlC 21,2005
VIA'AC~
561-742-6010
KUrt Bre$$fier
City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL. 33425-0310
R.e: Ratification Vote
Dear Mr. Bressner:
Please be advised that on June 16, 2005, the Boynton Belch White Collar BarpiQing
Unit ratified the tentative agreement reached between the City and the Union. We also
ratified the enlumced Travel Reimbursement Ordinance.
The vote is as follows:
Ye..... No 12
Please expedite the process to the City Commission as soon 88 possible.
Thank you for your attention.
Sincerely
r 1227 National Conference of Firemen & Oilers SEW, AFUIO, CLC
/~~
l' ~.~~ ~
c: John Jordan, Assistant Dir. Human Re9OUn:eS; City of Boynton Beach
<I
Phone: 561.965.0077 Fax: 561-965.0151 Toll Free: 1.888-702-0810
Webshe: www.Ioca1l227.org · ernail address: info@localJ227.org
~~
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM F
Requested City Commission Date Final Fonn Must be Turned Requested City COmmission
~ ~ ~
0 April 5,2005 March 14,2005 (Noon.) 0 June 7, 2005
0 April 19, 2005 Apri14, 2005 (Noon) 0 June 21,2005
0 May 3,2005 April 18, 2005 (Noon) 0 July 5, 2005
0 May 17, 2005 May 2, 2005 (Noon) 0 July 19, 2005
Date Final Fonn Must be Turned
~
May 16, 2005 (Noon)-,',
-~.....!
~_i:"
June 20,2005 (Noon) _, j
- ":'J
~ ; -_:.J
e '1
\.- .-' ~
0 Administrative 0 Development Plans ...
NA TURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unflllished Business
0 Announcement 0 PreSentation
0 City Manager's Report
July 5, 2005 (Noon)
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PROGRAM IMP ACT: None
RECOMMENDA TION:
'etum c",h hond uf $84,370.00 to D.R. Horton, Inc. fO"he pmject knowo " Qoantum p,,,, T owohom" (B lock 10, Lot #',
1-6).
EXPLANATION:
On MMch 3, 2005, the Building DiYi,ion sent to the Finance Deportment, c"h bond of $84,370.00 for the completion of the
pennitted wo,k for the project knowo "' Quantum P"'k T oWOhomes (Block 10, Lot #' s 1 -6) loe"ed" 2922, 2924, 2926,
2928, 2930 and 2932 S. Greenl"f Cinole. The work h" been completed 'nd the Cenifi",,, of OcCupancy Were i"ned on
June 1 0, 2005.
FISCAL IMJiACT: None
S:\BULLETI!;IAGENDA ITEM REQUEST FORM. DOc
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g~C. I
/IJ I,Jlh/O(
D.R-HORlON. rfv~
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June 9,2005
Don Johnson
Boynton Beach Building Department
lOO E. Boynton Beach Blvd
Boynton Beach, Florida 33426
RE: Requestfor release of Cash Bond lAO $84,370for Townhomes East/West
Mr. Don Johnson:
First and foremost, my sincerest appreciation to you and your department on working through
the Parkside community (a.k.a. Townhomes East / West), your assistance and efforts are greatly
appreciated.
Having completed all the necessary items required for the final Certificate of Occupancy, please
accept this correspondence as D.R. Horton's formal request for release ofthe Cash Bond in the
amount of$84,370, currently being held by the City of Boynton Beach.
Please advise as to the agenda this item will be placed on.
Please contact me at your earliest convenience with any questions, concerns, or advice. As
always, thank you for your personal and professional courtesies.
Re?J7 J}
L
Rafael 1. Roca
Vice President
954-428-4854 ext. 107
EXHIBIT" A"
1192 East Newport Center Drive. Suite 150 . Deemeld Beach, Florida 33442
(954) 428-4854 . Fax: (954) 428-7391
www.drhorton.com
~'_",",'""""..,_,____,___"~,,,__""''''''~O''''__'_ ~,
CITY OF BOYNTON BEACH
P.O. BOX 310
BOYNTON BEACH FL 33425
CERTIFICATE
o F
OCCUPANCY
PER MAN E N T
Issue Date
6/10/05
Parcel Number
Property Address
08-43-45-17-12-010-0060
2922 S GREENLEAF CIR
334268663 FL 334268663
Subdivision Name
Legal Description
Property Zoning
PLANNED INDUSTRIAL DEV.
Owner . . .
D R HORTON
Contractor
D R HORTON INC
954 428-4854
Application number
Description of Work
Construction type .
Occupancy type
Flood Zone . . . .
Special conditions
LOT 6 BLOCK 10
FINISH FLOOR ELEVATION 14.67
MAP/PANEL 120196-0005 C
04-00002710 000 000
TOWNHOUSE
TYPE IV/UNPROTECTED
RESIDENTIAL
C FLOOD ZONE/MIN FLOODING
Approved
. . . . . . .
LAG 13.2 FLOOD ZONE A-5
3 1979 BASE FLOOD 11
VOID UNLESS SIGNED BY BUILDING OFFICIAL
EXHIBIT "B"
CITY OF BOYNTON BEACH
P.O. BOX 310
BOYNTON BEACH FL 33425
C E R T I F I CAT E
o F
OCCUPANCY
PER MAN E N T
Issue Date
6/10/05
Parcel Number
Property Address
08-43-45-17-12-010-0050
2924 S GREENLEAF CIR
334268663 FL 334268663
Subdivision Name
Legal Description
Property Zoning
PLANNED INDUSTRIAL DEV.
Owner . . .
D R HORTON
Contractor
D R HORTON INC
954 428-4854
Application number
Description of Work
Construction type .
Occupancy type
Flood Zone . . . .
Special conditions
LOT 5 BLOCK 10
FINISH FLOOR ELEVATION 14.67 LAG 13.2 FLOOD ZONE A5
MAP/PANEL 120196-0005 C J~AN 3, 1979 BASE FLOOD 11
Approved , , . . . , . B ~, 'f' . 1'6---...
UJ. J.ng J.cJ.a
04-00002709 000 000
TOWNHOUSE
TYPE IV/UNPROTECTED
RESIDENTIAL
C FLOOD ZONE/MIN FLOODING
VOID UNLESS SIGNED BY BUILDING OFFICIAL
EXHIBIT "C"
CITY OF BOYNTON BEACH
P.O. BOX 310
BOYNTON BEACH FL 33425
CERTIFICATE
o F
OCCUPANCY
PER MAN E N T
Issue Date
6/10/05
Parcel Number
Property Address
08-43-45-17-12-010-0040
2926 S GREENLEAF CIR
334268663 FL 334268663
Subdivision Name
Legal Description
Property Zoning
PLANNED INDUSTRIAL DEV.
Owner . . .
D R HORTON
Contractor
D R HORTON INC
954 428-4854
Application number 04-00002708 000 000
Description of Work TOWNHOUSE
Construction type . TYPE IV/UNPROTECTED
Occupancy type RESIDENTIAL
Flood Zone . . . . C FLOOD ZONE/MIN FLOODING
Special conditions
LOT 4 BLOCK 10
FINISH FLOOR ELEVATION 14.67 LAG 13.2 FLOOD ZONE A5
MAP/PANEL 120196-0005 C 1/3/79 BASE FLOOD 11
Approved , , . , , , , BUib~
VOID UNLESS SIGNED BY BUILDING OFFICIAL
EXHIBIT "D"
CITY OF BOYNTON BEACH
P.O. BOX 310
BOYNTON BEACH FL 33425
CERTIFICATE
o F
OCCUPANCY
PER MAN E N T
Issue Date
6/10/05
Parcel Number
Property Address
08-43-45-17-12-010-0030
2928 S GREENLEAF CIR
334268663 FL 334268663
Subdivision Name
Legal Description
Property Zoning
PLANNED INDUSTRIAL DEV.
Owner . . .
D R HORTON
Contractor
D R HORTON INC
954 428-4854
Approved
Application number
Description of Work
Construction type .
Occupancy type
Flood Zone . . . .
Special conditions
LOT 3 BLOCK 10
FINISH FLOOR ELEVATION 14.67 LAG 13.2 FLOOD ZONE
MAP/PANEL 120196-0005 C 9/30/82 BASE FLOOD 11
BUi4-~
VOID UNLESS SIGNED BY BUILDING OFFICIAL
04-00002707 000 000
TOWNHOUSE
TYPE IV/UNPROTECTED
RESIDENTIAL
C FLOOD ZONE/MIN FLOODING
A5
EXHIBIT "E"
CITY OF BOYNTON BEACH
P.O. BOX 310
BOYNTON BEACH FL 33425
CERTIFICATE
o F
OCCUPANCY
PER MAN E N T
Issue Date
6/10/05
Parcel Number
Property Address
08-43-45-17-12-010-0020
2930 S GREENLEAF CIR
334268663 FL 334268663
Subdivision Name
Legal Description .
Property Zoning
PLANNED INDUSTRIAL DEV.
Owner . . .
D R HORTON
Contractor
D R HORTON INC
954 428-4854
Application number
Description of Work
Construction type .
Occupancy type
Flood Zone . . . .
Special conditions
LOT 2 BLOCK 10
FINISH FLOOR ELEVATION 14.67 LAG 13.2 FLOOD ZONE A5
MAP/PANEL 120196-0005 C 9/30/82 BASE FLOOD 11
Approved ~ <:l j ..
, , , . , , , Building o~
04-00002706 000 000
TOWNHOUSE
TYPE IV/UNPROTECTED
RESIDENTIAL
C FLOOD ZONE/MIN FLOODING
VOID UNLESS SIGNED BY BUILDING OFFICIAL
EXHIBIT "F"
CITY OF BOYNTON BEACH
P.O. BOX 310
BOYNTON BEACH FL 33425
C E R T I F I CAT E
o F
OCCUPANCY
PER MAN E N T
Issue Date
6/10/05
Parcel Number
Property Address
08-43-45-17-12-010-0010
2932 S GREENLEAF CIR
334268663 FL 334268663
Subdivision Name
Legal Description
Property Zoning
PLANNED INDUSTRIAL DEV.
Owner . . .
D R HORTON
Contractor
D R HORTON INC
954 428-4854
Application number
Description of Work
Construction type .
Occupancy type
Flood Zone . . . .
Special conditions
LOT 1 BLOCK 10
FINISH FLOOR ELEVATION
MAP/PANEL 120196-0005
04-00002655 000 000
TOWNHOUSE
TYPE IV/UNPROTECTED
RESIDENTIAL
C FLOOD ZONE/MIN FLOODING
Approved
13.2 FLOOD ZONE A5
BASE FLOOD 11
VOID UNLESS SIGNED BY BUILDING OFFICIAL
EXHIBIT "G"
DEPARTMENT OF DEVELOPMENT
BUILDING DIVISION
MEMORANDUM NO. 05-035
TO:
Bill Mummert, Director of Finance
Don Johnson, Bnilding OffiCialiJPJ
March 3, 2005
FROM:
DATE:
SUBJECT:
CASH BOND - QUANTUM PARK TOWNHOMES (Block 10, Lot #'s 1-6)
2922, 2924, 2926, 2928, 2930 and 2932 S. GREENLEAF CIRCLE
Attached is a Cashier's Check for $84,370.00 from D.R. Horton, Inc. This is a cash surety for Quantum
Park Townhomes (Block 10, Lot numbers 1-6) and is to be held until all outstanding issues of their
temporary Certificate of Occupancy are completed. This should occur within 30 days.
Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Occupancy,
the surety will be returned.
DJ:rs
Attachments/letter from James W. Mahannah, P.E. and check
XC: Timothy K. Large, Building Code Administrator
Permit File #'s 04-2710,04-2709,04-2708,04-2707,04-2706,04_2655
EXHIBIT "H"
S:\Development\BUILDING\Memos\Cash Bonds - 2005\Quantum Park Townhomes (BLK 10, Lots 1-6).doc
Bank of America. ~~~
Cashier's Check
No. 1597845
II- . 5 tl 7 B ~ 5 II- I:.. ~ 0 000 . tll: DOH; ~ . 0 0 :l 7 ~ B II-
~.
~-'" .
~~:.-:,..,,-,-,-- --.-- ---- ----------- ----- - - -- - --- - -- -- -- - - - - - - - --- - - -- - - - - -- - - - - - - ~ -- ----
;. CITY OF BOYNTON BEACH 37267
~. . .
,Vynton Beach, Flonda
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---~~------------~-~------------------
- ~----~-------~---------~---------~----~-----
EXHIBIT "I"
IiCHNAR'f
Jeffrey T. Schnars, p.E.
President
ENGINEERING CORPORATION
James ltlI. Mahannah. P.E.
Vice President .
March 1, 2005
Don Johnson
Building Official
City of Boynton Beach
Building Department
100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33425-0310
Re: Quantum Park Townhomes
Temporary Certificate of Occupancy
Lots 1-6, Block 10
Schnars EnqineerinQ CorD. Proiect No. 01162
Mr. Johnson:
Please find attached a construction estimate for the remalntng items needed to
satisfactorily complete the paving and drainage improvements for the above referenced
subdivision.
If you have any questions or require additional information, please do not hesitate to call
this office.
Sincerely,
SCHNARS ENGINEERING CORPORATION
--'
ames W. Mahannah, P.E.
Civil Engineer-
FL License No. 47066
(FOR THE FIRM)
copy: DR Horton Homes
EXHIBIT" J"
951 Broken Sound Parkway. Suite 320 · Boca Raton. FL 33487 . Tel: (561) 241-6455 . Fax: (561) 241-5182
ENGINEER'S FEE ESTIMATE
for
Punch List Surety
Project:
Location:
Owner:
Date:
Project No.
Quantum Park Townhomes
Boynton Beach, Palm Beach County, Florida
DR Horton Homes
February, 2005
01162
ESTIMATED UNIT
ITEM QUANTITY UNIT COST AMOUNT
'.
Overlay Quantum Blvd. 1 lS $50.000.00 $50.000.00
Repair damaged curb and sidewalk on Quantum 1 lS $2.500.00 $2.500.00
Resod north side of Quantum 1 lS $500.00 $500.00
Regrade lake slopes 1 lS $1.500.00 $1.500.00
Remove and replace dead trees along lake bank 1 lS $1,500.00 $1,500.00
Repair damaged sidewalk by Unit 243 and 260 1 lS $500.00 $500.00
Repair damaged valley gutter in Quantum 1 lS $1.500.00 $1.500.00
Repair curb in roudabout 1 lS $400.00 $400.00
Patch pot holes and unsawed edges 1 lS $1,000.00 $1,000.00
Sweep Quantum Dlvd. 1 lS $750.00 $750.00
Regrade swale at south end of Quantum 1 lS $1,500.00 $1.500.00
Compact pavement adjacent to '0' Curb 1.0 lS $5.000.00 $5,000.00
Replace damaged HIC Ramps 1.0 lS $3,000.00 $3,000.00
Replace damaged '0' Curb 200.0 IF $10.00 $2,000.00
Add Missing 0-3 signs 10 EA $250.00 $2.500.00
Regrout CD 145 and 54 1 lS $750.00 $750.00
Clean CD 173 1 lS $500.00 $500.00
Clean CD 115 1 lS $300.00 $300.00
Replace cover on ~H '24 and 44 1 lS $1.000.00 $1,000.00
TOTAL $76,700.00
x 110.0%
Total Surety Amount $84,370.00
IiCHNAIl!!i
MAR 0 I 2005
EXHIBIT" J"
ENGINEERING CORPORATION
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM G.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D April 5,2005 March 14,2005 (Noon.) D June 7, 2005 May 16,2005 (Noon)
D April 19, 2005 April 4, 2005 (Noon) D June 21, 2005 June 6, 2005 (Noon)
D May 3, 2005 April 18, 2005 (Noon) [8] July 5, 2005 June 20, 2005 (Noon)
D May 17,2005 May 2, 2005 (Noon) D July 19,2005 July 5, 2005 (Noon)
NATURE OF
AGENDA ITEM
c)
, > ('/--t
D Administrative D Development Plans en ::.-<
L.. ,. ...--.
[8] Consent Agenda D New Business ' ~~
~,.,.,..
,... co
D Public Hearing D Legal I '1.-',
N '"j' --'
D Bids D Un[mished Business --
:!".:7~ .1 --i
D Announcement D Presentation ~""';;. ~
0"
D OJ
City Manager's Report m
.-i'l
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RECOMMENDA TION:
Return cash bond of $22,220.00 to Boynton Boundless LLC for the project known as Boynton Boundless.
EXPLANA TION:
On November 16, 2004, the Building Division sent to the Finance Department a cash bond of $22,220.00 for the completion
ofthe permitted work for the project known as Boynton Boundless located at 209 N. Seacrest Boulevard, The work has been
completed and the Certificate of Occupancy was issued on May 17, 2005.
PROGRAM IMP ACT: None
FISCAL IMP ACT: None
Development Department
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
BOYNTON BOUNDLESS, l.l.C.
102 N. Swinton Avenue
Defray Beach, Florida 33444
(561) 265-2666
f\IL +0 ~
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May 24, 2005
Mr. Don Johnson
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, FL33425
Re: Return of Surety Bond, 209-211 N. Seacrest Blvd., Boynton Beach, FL 33435
Our File No: BOYB001
Dear Mr. Johnson:
Please consider this to be our official request for return of our Surety Bond in the
amount of Twenty-Two Thousand Two Hundred Twenty Dollars and 00/100 Cents
($ 22,220.00).
Please contact myself or Mr. Harry Reivik, of my office, should you require any
additional i rmation.
c
Managing Member
MSW:kp
cc: Mr. Dov Dunaevsky
fO) ~@~n\Yl~ rnI
lJ1] I MAY 2 6 20ffi ~
~
I
O:\BOYB001\Letter Don Johnson.Surety Bond.May 24 2005.rtf
DEPARTMfNT (ir nr\Jrl (w!,~'r'; .
EXHIBIT" A"
CITY OF BOYNTON BEACH
P.O. BOX 310
BOYNTON BEACH FL 33425
CERTIFICATE
o F
OCCUPANCY
PER MAN E N T
Issue Date
5/17/05
Parcel Number
Property Address
08-43-45-28-10-004-0240
209 N SEACREST BLVD
BOYNTON BEACH FL 33435
Subdivision Name
Legal Description
BOYNTON HEIGHTS ADD REVISED
PL LT 24 TO 27 (LESS E 10.05
FT &
EXT CURVE AREA RD R/W) BLK 4
NEIGHBORHOOD COMMERCIAL
Property Zoning
Owner . . .
BOYNTON BOUNDLESS LLC
Contractor
RAMI, JEDA
305 970-7079
Application number
Description of Work
Construction type .
Occupancy type
Flood Zone . . . .
Special conditions
BOYNTON
BOYNTON
WORK
03-00001575 000 000
INTERIOR RENOVATIONS
TYPE VI/UNPROTECTED
BUSINESS
BOUNDLESS LLC
BUSINESS CENTRAL-INTERIOR REMODEL & MINOR EXTERIOR
Approved
....... 4~
VOID UNLESS SIGNED BY BUILDING OFFICIAL
EXHIBIT "B"
DEPARTMENT OF DEVELOPMENT
BUILDING DIVISION
MEMORANDUM NO. 04-256
TO:
Diane Reese, Finance Director
Don Johnson, Building Official J/)
November 16, 2004
FROM:
DATE:
SUBJECT:
CASH BOND - BOYNTON BOUNDLESS - 209 N. SEACREST BLVD.
Attached is a check for $22,220.00 from Boynton Boundless, LLC. This is a cash surety for Boynton
Boundless and is to be held until all outstanding issues of their temporary Certificate of Occupancy are
completed. This should occur within 30 days.
Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Occupancy,
the surety will be returned.
DJ:rs
Attachments/letter from Jim Barretta and check
XC: Timothy K. Large, Building Code Administrator
Permit File # 03-1575
EXHIBIT "C"
S:\Development\BUILDING\Memos\Cash Bonds - 2004\Boynton Boundless 03-l575,doc
11100 J. 5 51.11' -:0 b 70 J.1. 7 J. 21:
o J. 5000'1558'"
052
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: Boynton Beach, Florida
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DEPARTMENT i ~: \.L',", , .
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..._.JC\._~t-\-\.::~_I\l( ~-r-:. j-L .t-Lt._~-.\,-
34942
II /1 V
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20~
DOLLARS
{' "
\..12 ,_
- S'7S
EXHIBIT "D"
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BOYNTON BUSINESS CENTER
PERMIT NUMBER # 03 00001575
WORK TO BE COMPLETED WITH CASH ESTIMATED VALUES
STRUCTURAL INSPECTOR
1. Accessibility Route-72" @ bottom; 1 :50 cross slope
2. Exit Sign at small corridor to Lease Space
ELECTRIC
1. Photometric reading from Engineer
LANDSCAPE
1. Submit new landscape plan.
2. Re-installation of landscaping.
3. Replace incorrect trees
ENGINEERING
1. Car stops (3)
THROUGH OUT
Clean and Seal. Pavers
Sealant at all Can Light Fixtures throughout
Punch-out work
ENTRY FOYER
Caulk at Fixed Glass
Paint door to North Suite
Caulk under door frame to North Suite
Sealant at storefront
Clean and Seal Pavers
Clean paint off Glass Block
Replace tripper brick paver
Spiral Stairs Area-Paint wood trim at wall
Grout Pavers
SMALL CONFERENCE ROOM
Raise Carpet Inset
Lower Pendant Lamp
Sealant at Fixed Glass
Replace pavers at threshold (joint size and poor workmanship)
RECEPTIONIST
Reception Counters
Rolling Grill at Glass Block & entry
Drywall Enclosure, Frame, Drywall, Finish, Paint
EXHIBIT "E"
(f) i- )SIr
~d 4'0/0'1
11/11/04
$ 2,000.00
$ 200.00
$ 200.00
$ 50.00
$ 3,500.00
incl. above
$ 300.00
$ 1,000.00
$ 80.00
$ 1,000.00
$ 100.00
$ 100.00
$ 50.00
$ 50.00
$ 1,000.00
$ 50.00
$ 100.00
$ 50.00
$ 600.00
$ 200.00
$ 50.00
$ 50.00
$ 50.00
HALL
Clean Caulk at Fixed Glass $ 50.00
Caulk Fixed Glass Frame $ 50.00
level clg. Grid $ 50.00
Caulk at clg. grid to wall $ 50.00
KITCHEN
Add AlC diffuser $ 100.00
LARGE CONFERENCE ROOM
Install Decals on Glass Wall $ 200.00
Install Track Lighting $ 200.00
Clean mud off Brick Pavers $ 50.00
End cap closure on Door Head $ 50.00
Caulk at Top Track and drywall $ 50.00
HALL BY TELEPHONE ROOM
Replace Pavers-Wide Joints $ 100.00
GARAGE
Paint $ 250.00
Curb Stops $ 200.00
BARRETTA SPACE (NORTH SIDE)
Touch up paint and sealant at Door Frame $ 50.00
Soffit at West Wall $ 150.00
Install clean-cut cover $ 50.00
Straighten (level) clg grid $ 50.00
BARRETTA SPACE (SOUTH SIDE)
Sealant at Storefront Doors $ 50.00
Patch Base at Glass Block $ 150.00
Level Acoustic Ceiling Metal $ 50.00
Paint Column $ 50.00
Kerf clg tile at exit signs for tegular look $ 50.00
Replace Damaged clg. Diffuser $ 50.00
LANDSCAPE
New Plan Required $ 100.00
Letter of Certification re: Parking (Denis in Engineering) as Built Drawing? $ 100.00
Replace seven damaged trees Incl above
Replace two dead trees Incl above
EXTERIOR
Prime and Paint Wood Siding & trim
Sealant at Bahama Shutter Clips @ flashing
Top-cff grout @ rail @ ramp
Sealant at Flashing to Siding-East Second Floor Wall
Roofing Patches at cant at East Wall
Sealant at ledger
Roofing Patch at torn Roofing at Stucco near railing
$ 250.00
$ 50.00
$ 50.00
$ 75.00
$ 50.00
$ 50.0
$ 70.00
EXHIBIT "E"
~
Paint touch up at Light Fixtures
Secure door and sealant at Threshold
Gutter extension
Paint tree grates
Add missing step light
BARRETTA & ASSOCIATES STORAGE
Drywall at Barretta Storage
Casing at Barretta Door
Sliding Doors Track & thumbs pulls
BACK PORCH
Un-plug roof Drain
Paint and Prime Trim
Air Conditioner Screen
EXTERIOR
Stucco Drip at soffits
Punch-out railings, defect @ front door railing, workmanship @ ramp rail
Caulk at Bird Screens and Down Lights
Clean Grout oft Pavers
Sealant at Sign Wall Light Fixtures Typical
Seal Gutter at Post Office side
Patch Stucco at Corner (Back)
Sealant at cut Cables by Rear Door
Sloped Riser at Parking Lot Step
Caulk at Metal to Glass Block at top
Washers (Rubber) at Shutter Tie Back Anchors
Back Porch Drip roofing & edge flashing
Air Conditioning Condensation Drain-Secure to Wall (Rear)
Remove Caulk and paint over tape on threshold at Southern two door.
Correct exterior single step to meet code (hgt & slope)
TOTAL
EXHIBIT "E"
$ 50.00
$ 75.00
$ 150.00
$ 200.00
$ 100.00
$ 50.00
$ 50.00
$ 50.00
$ 50.00
$ 50.00
$ 1,000.00
$ 300.00
$ 1 00.00
$ 50.00
$ 150.00
$ 200.00
$ 50.00
$ 50.00
$ 50.00
$ 150.00
$ 50.00
$ 100.00
$ 900.00
$ 50.00
$ 50.00
$ 150.00
$ 20,200.00
,/
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"01\1 I:>
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VII.-CODE - LEGAL
SETTLEMENT
ITEM A.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 5,2005 March 14,2005 (Noon,) 0 June 7, 2005 May 16,2005 (Noon)
0 April 19, 2005 April 4, 2005 (Noon) 0 June 21,2005 June 6, 2005 (Noon)
0 May 3,2005 April 18,2005 ONoon) ,Oij' July 5, 2005 June 20, 2005 (Noon)
0 May 17,2005 May 2, 2005 (Noon) 0 July 19, 2005 July 5, 2005 (Noon)
0 Administrative 0 Development Plans
NA TURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfmished Business
0 Announcement 0 Presentation
Code Compliance & Legal
0 City Manager's Report X Settlements
Estate of Walter Fried & Esther Fried v. City of Bovnton Beach & Allstate
Plaintiff Counsel: Ronald A. David, Esq., Ronald A. David & Associates
Defense Counsel: George P. Roberts, Jr., Esq., Roberts Reynolds Bedard & Tuzzio
RECOMMENDATION: Motion to approve negotiated settlement from court ordered mediation in the amount of$38,000.
EXPLANATION: On January 21, 2002, Esther and Walter Fried were traveling north on Jog Road at Pipers Glen
Boulevard. Patient alleges she was driving and was proceeding through the intersection on a green light, either continuously
or from a stop. City employee turned left in front of her causing a collision between the vehicles. Both vehicles were totaled.
Question ofliability was raised. Total medicals incurred by plaintiff post-accident was $125,000. Plaintiff's husband, Walter
Fried, died subsequent to the accident. The initial demand made prior to and at mediation was $100,000.00.
PROGRAM IMPACT: Litigation settlements and judgments of this nature are part ofthe ongoing responsibilities of the
Risk Management Department.
FISCAL IMP ACT: Settlement will be charged to the Risk Management budget expenses.
ALTERNATIVES: Failure to approve settlement will result in claim being litigated. Value ofthis case at trial is estimated
" b~ $50,000 ""d $100,000+. Addltion,1 defense tri,llegol CO"S Me "m:'j ut $30,000.
i / J(~A
CityM
RISK MANAGEMENT
Department
CJM/Claimaut/FriedEO I.dot
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM. DOC
The City of Boynton Beach, Florida
RISK MANAGEMENT DEPARTMENT
COMMISSION AGENDA MEMORANDUM
TO:
Kurt Bressner
City Manager
THRU:
Wilfred Hawkins
Assistant City Manager
FROM:
Charles J. Magazine
Risk Manager
DATE:
June 16, 2005
Risk Management recommends the City Commission ratify the: X Settlement
in the above stated manner.
Estate of Walter Fried & Esther Fried v. City of Boynton Beach & Allstate
Date of Loss: January 21,2002
_ Judgement
SUBJECT:
RESERVES: Indemnity:
$100,000
Expenses:
$ 50,000
Demand: Original:
$100,000
Final:
$ 47,000
Offer: Original:
$ 3,000
Final:
$ 38,000
x
SETTLEMENT:
$ 38,000
NOTE: This settlement is the compromise of a claim for damages. Payment by the City is not to be construed, in
any way, as an admission of liability or responsibility for any damages or injuries resulting therefrom.
Current Adjustment Fees:
$ -
Current Legal Fees:
$ 44,812
JUDGEMENT: $-
Current Adjustment Fees:
$ -
Current Legal Fees:
$ -
CASE NARRATIVE:
On January 21,2002, Esther and Walter Fried were traveling north on Jog Road at Pipers Glen
Boulevard. Patient alleges she was driving and was proceeding through the intersection on a
green light, either continuously or from a stop. City employee turned left in front of her causing
a collision between the vehicles. Both vehicles were totaled. Question of liability was raised.
Total medicals incurred by plaintiff post-accident was $125,000. Plaintiff's husband, Walter
Fried, died subsequent to the accident. The initial demand made prior to and at mediation was
$100,000.00.
CjrnlClaimaut/FriedE02,doc
--__n_j)
George Pomeroy. Mediator
Engagement # ~ ') 2 0 5
J :' so +0 S": \ f$"
Start time & end time
Result Case Type # Parties
5 0"-1 2...
.
Judge Ar:-
Days to Trial
Trial Days Case Value
Estimate I.
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Circuit & County
Case Number
502 ooL.J c ~ 000 1%2 X'CYX (h 6 A ~
Style of Case f 'b-ter -fri-v! vs ell1 at ~n-h-JVl ~
Mediation Services of George Pomeroy, rendered on \r...t-<J~'~ -:\c.,....e. lS, 4,2005.
,..~ ~ ~ 5"~ \~
Hours @ $ l,C;
Total $
per hour
telephone conference
file review
summary review
follow up
other
t to each ~ o:'~ ,'-- ~,,\ \ including:
1/3 to each
~)r """ \.\ ~ '(1.--,~~ ~)
1/5 to each LJ M A\.\~ :t:,N So. eo"
other
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X
X
0/:: 'T...J B, ;:>0 ~
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FULLY AUTHORIZED PLAINTIFF(s) AND TRIAL COUNSEL APPEARED.
FULLY AUTHORIZED DEFENDANT(s) AND TRIAL COUNsEL APPEARED.
OTHER Th-.: p'-AINnrP.~ CLAIMS As 7D A-LL.6n4-7E: m.€
A-o .JDcJAAIlt:J. /ft...l-..rnt-7E U-JI// "oAf{ /"""Hl: filh-:'lkro~:5' F="7::.
"j'e\I'M-71LAa..Y .
THE CASE HAS BEENtSETTLED.~ -ro TIf't;: Oc:Fl=~M-I\IT B"D'yAJ7lSvU IN ~- AAil)0Nr.s
pj:::J.L E, 17t(~ ;""4 ."., u.....c..4' F}utJ .r ~ ~ ~ -ffIW& c..vA,o..-J ~ .iJ ~'n,t ft)j'= e-c/. ~~.
TtIE ...",:,[ II...! IEEI j F" ~~ t::!;1 \t.4-1 ..::.:". . hE&: ..u. 79
r4.- .4 ~~.4AI.fJ 7b7itt/ 4C ~~~a.b.QO /J./:'?V1.~.v..f' ~l'cDf'+r.PF T~ ~~ CPM.Il.u.ss-'-I>/II.
6~eNr WILJ- N&1T' .A F ""/-;-:;c A-/ P,.,v17/ t c:
.,5;{ A/C:; _ JC7?Ur/l'f8VT AI .?o.rn AJ 1"e"'f\lT" dPQ1\J 4-&' ,,'"")f..71/r ,-</.-1 (V~ A,;"'7
THE CONFERENCE HAS BEEN ADJOURNED UNTIL //~ SuBl<.bdi"A-Y'7JIU ;-erqM'? ~
THE PARTIES HAVE REACHED AN IMPASSE. ~;'~..~ ~~.:.::-, /...c.-:1-....v7;'~
OTHER ALL.SmlE .s(/A~I?:S c'-Ai_ t-vM.sem.EiJ Jhc plh.A.E. 41.7if A-7T~
~. v/J...vc I
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PLAINTIFF(s) ATTORNEY
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to ~.7~E:s(l?R 8.11<=-0 1/11(>,\1.1- Ih.P.R..
-<"~ __ .2_
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VIII.-PUBLIC HEARING
ITEM A.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Fina] Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 Apri] 5, 2005 March ]4, 200S (Noon.) 0 June 7, 200S May ]6,2005 (Noon)
0 Apri] 19,2005 April 4, 2005 (Noon) 0 June 2] , 200S June 6, 2005 (Noon)
0 May 3, 200S April] 8, 200S (Noon) ~ July 5, 200S June 20, 200S (Noon)
0 May] 7, 200S May 2, 2005 (Noon) 0 July 19, 200S July S, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM ~ Public Hearing ~ Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the July 5, 2005 City Commission Agenda under Public
Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board recommended that the subject
request be approved on June 9,2005. For further details pertaining to the request, see attached Department of Development
Memorandwn No. PZ 05-089.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
415 SE 5th Avenue (ABAN 05-002)
Jeanne Heavilin, Salefish Realty, Inc.
James E. Ploen
415 SE 51b Avenue
Request Abandonment of a portion of Railroad Avenue, approximately 30 feet by 77 feet,
immediately north of 51b Avenue South, west of Lot 11, Block B of Pence Subdivision
and East of the Florida East Coast Railroad right-of-way.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
Jl~
Develop
City Manager's Signature
~ ~,t<z .~
/' Planning and Zon~irector City Attorney / Finance / Human Resources
S:\P]anning\SHARED\WP\PROJECTS\4IS SE 5th Ave ABAN\Agenda request 4]S SE 5th ABAN 05-002 7-S-0S.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM ,DOC
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ORDINANCE NO. 05-
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, AUTHORIZING ABANDONMENT
OF A PORTION OF RAILROAD A VENUE,
APPROXIMATELY 30 FEET BY 77 FEET,
IMMEDIATELY NORTH OF SOUTHEAST 5TH
AVENUE, WEST OF LOT 11, BLOCK B OF PENCE
SUBDIVISION AND EAST OF THE FLORIDA EAST
COAST RAILROAD RIGHT-OF-WAY (ABAN 05-002),
SUBJECT TO STAFF COMMENTS; AUTHORIZING
THE CITY MANAGER TO EXECUTE A DISCLAIMER,
WHICH SHALL BE RECORDED WITH THIS
ORDINANCE IN THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Jeanne Heavi1in of Salefish Realty, Inc., is requesting on behalf of James
Ploen, the abandonment of a portion of Railroad Avenue, approximately 30 feet by 77 feet,
immediately north of Southeast 5th Avenue, west of Lot 11, Block B of Pence Subdivision and
east of the Florida East Coast Railroad Right -of- Way, subj ect to staff comments; and
WHEREAS, comments have been solicited from the appropriate City Departments, aI.
public hearings have been held before the City's Community Redevelopment Agency, and the
City Commission on the proposed abandonment; and
WHEREAS, staff has determined that the roadway provides no public service; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The foregoing Whereas clauses are true and correct and incorporated
herein by this reference.
Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby
abandon a portion of Railroad Avenue, approximately 30 feet by 77 feet, immediately north 0
Southeast 5th Avenue, west of Lot 11, Block B of Pence Subdivision and east of the Florida East
Coast Railroad Right -of- Way, subj ect to staff comments, and more particularly described in the
attached Exhibit "A." A location map is attached hereto as Exhibit "B."
Section 3. The City Manager is hereby authorized and directed to execute the
attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records
of Palm Beach County, Florida.
Section 4.
This Ordinance shall take effect immediately upon passage.
S:\CA\OrdinanceslAbandonments\415 SE 5th Avenue 05-002,doc
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FIRST READING this _ day of
,2005.
SECOND, FINAL READING AND PASSAGE THIS _day of
2005.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
S:\CA\OrdinanceslAbandonments\415 SE 5th Avenue 05.002.doc
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach,
Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon
a portion of Railroad Avenue, approximately 30 feet by 77 feet, immediately north of
Southeast 5th Avenue, west of Lot 11, Block B of Pence Subdivision and east of the Florida
East Coast Railroad Right-of-Way, subject to staff comments, and more particularly
described in the attached Exhibit "A".
IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton
Beach, Florida, have hereunto set their hands and affixed the seal of the City this _
day of July, 2005.
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
Janet Prainito
City Clerk
Kurt Bressner, City Manager
STATE OF FLORIDA
)
)ss:
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and
Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach,
Florida, known to me to be the persons described in and who executed the foregoing
instrument, and acknowledged the execution thereof to be their free hand and deed as
such officers, for the uses and purposes mentioned therein; that they affixed thereto the
official seal of said corporation; and that said instrument is the act and deed of said
corporation.
WITNESS my hand and official seal in the said State and County this _ day of
July, 2005.
NOTARY PUBLIC, State of Florida
My Commission Expires:
S:ICAIOrdinances\AbandonmenlsI41S SE Sth Avenue OS-002.doc
EXHIBIT "A"
A portion of Railroad Avenue as recorded by Pence Subdivision No. 1 in Plat Book 1, Page 33,
of the Public Records of Palm Beach County, Florida, said land to be abandoned are described as
follows:
That portion of Railroad Avenue described as bounded on the South by the North right-of-way
line of S.E. 5th Avenue lying west of Lot 11, Block "BOO of said Pence Subdivision, being
bounded on the West by the East line of the Florida East Coast Railroad right-of-way, being
bounded on the North by the North line of said Lot 11, Block "BOO extended westward to the said
Railroad right-of-way line, and being bounded on the East by the West line of said Lot 11, Block
"B" as shown by the Plat of Pence Subdivision No.1, as recorded in Plat Book 1, Page 33, of the
Public Records of Palm Bach County, Florida.
Subject to a 30 foot utility easement.
S:\CA\OrdinanceslAbandonments\415 SE 5th Avenue 05-002.doc
TO:
THRU:
FROM:
DATE:
SUBJECT:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05-089
Chair and Members
Community Redevelopment Agency Board
Michael W. Rumpf \\\.1 V
Planning and Zoning Director
Ed Breese ~
Principal Planner
May 25, 2005
Abandonment of a segment of the 30-foot right-of-way of Railroad Avenue
(adjacent to 415 SE 5th Avenue)
ABAN 05-002
NATURE OF REOUEST
Ms. Jeanne Heavilin of Salefish Realty, agent for James Ploen, is requesting to abandon a portion of an unimproved
30-foot right-of-way, located on the north side of SE 5th Avenue. This unimproved right-of-way is situated between
a small parcel of land to the east (owned by Mr. Ploen) and the Florida East Coast (FEe) Railroad to the west. The
abandonment request was formally submitted on March 23, 2005. The platted right-of-way subject to this specific
request is 30 feet wide and approximately 77 feet long. It is described as follows:
A portion of Railroad Avenue as recorded by Pence Subdivision NO.1 in Plat Book 1, Page 33, of the Public
Records of Palm Beach County, Florida, said land to be abandoned are described as follows:
That portion of Railroad Avenue being described as bounded on the South by the South line of Lot 11, Block
"B" (North right of way line of S.E. 5th Avenue), as shown in the above mentioned subdivision of Pence;
bounded on the North by the North line of Lot 11, Block "B" bounded on the East by the West line of Lot 11,
Block "B", bounded on the West by the East right of way line of the Florida East Coast Railroad right of way,
as shown by the Plat of Pence Subdivision No.1, recorded in Plat book 1, Page 33, of the Public Records of
Palm Beach County, Florida.
Subject to a 30 foot utility easement.
Exhibit "A" - Location Map shows the general vicinity of the right-of-way to be abandoned. The Exhibit "B"-
"Proposed Abandonment" shows the exact location of the subject site and its legal description. The following is a
description of the land uses and zoning districts of all properties that surround the subject right-of-way.
North -
South -
East
West -
513 and 515 SE 4th Street, zoned Community Commercial (C-3);
Right-of-way for SE 5th Avenue, and farther south City-owned property (Pence Park),
zoned Recreation (REe);
421 SE 5th Avenue, a single family house, zoned Community Commercial (C-3); and
Right-of-way for the FEC Railroad, then farther west is A.A.M. Industries, Inc., zoned
Light Industrial (Ml).
Page 2
Memorandum No. PZ 05-089
ABAN 05-002
BACKGROUND
The subject abandonment request is for a segment of the 30-foot unimproved Railroad Avenue right-of-way, that
fronts on 5th Avenue South and runs northward for a distance of approximately 77 feet. That segment of Railroad
Avenue, located immediately north of the subject right-of-way, was previously abandoned to the properties
immediately north of this parcel (513 and 515 SE 4th Street) in October of 1994, by Resolution 94-171. The 1994
abandonment left only this 77-foot long segment of the unimproved Railroad Avenue right-of-way running south to
SE 5th Avenue, adjacent to the applicant's (Mr. Ploen) property.
ANALYSIS
When a right-of-way, such as this unimproved roadway, is abandoned, the ownership of the abandoned land is
transferred from the City of Boynton Beach to the abutting property owner(s). Typically, two (2) properties would
be affected by an abandonment request. One-half of the right-of-way is conveyed to one (1) abutting property
owner and the other half is conveyed to the other abutting property owner. Since the FEC Railroad is immediately to
the west, fifteen (15) feet of unimproved Railroad Avenue would be conveyed to the Railroad and fifteen (15) to the
applicant, Mr. Ploen. This does not prohibit the two property owners from working out an agreement amongst
themselves after the abandonment is completed by the City, as at that point in time it is a private transaction
involving private property. Adequate public notice was given to all affected property owners in accordance with
Chapter 22, Article III, Section 4 of the Land Development Regulations. All public utility companies have been
notified and the abandonment request has been advertised in the local newspaper. The applicant requesting this
abandonment is the owner of the property to the east, Mr. James E. Ploen.
~ summary of the responses from the utility companies and city staff is noted as follows:
CITY DEPARTMENTS/DIVISIONS
Engineering
Approval with conditions (see Exhibit "c" - Conditions of Approval) or
Suggestion of an alternate method (Revocable License Agreement)
No objection
No objection
Public Works / Utilities
Planning and Zoning
PUBLIC UTILITY COMPANIES
Florida Power and Light No objection
BellSouth - Approval with conditions (see Exhibit "c" - Conditions of Approval)
Florida Public Utilities Company - No objection
Cable Company (Adelphia) No objection
Cable Company (Comcast) N/ A
Excluding BellSouth, all public utility prOViders have indicated that they have no objection to the applicant's request
for abandonment and BellSouth, due to an active buried telecommunication cable in the right-of-way, will provide a
letter of no objection with the provision of the necessary easement for the buried cable (see Exhibit "c" -
Conditions of Approval). Additionally, in support of BellSouth, the Engineering Division is also requiring
-'"tablishment of a utility easement to preserve access to BellSouth utility lines. The Engineering Division has also
ggested an alternative method to abandonment, in the form of a Revocable License Agreement, which would
allow the applicant use of this unimproved right-of-way, while the Oty maintains ownership. Under this agreement,
no structures could be constructed over the right-of-way subject to the license.
Page 3
Memorandum No. PZ 05-089
ABAN 05-002
RECOMMENDATION
Staff has determined that the subject right-of-way does not serve a public purpose, and therefore is recommending
approval of the request to abandon the 3D-foot unimproved roadway as described above, subject to the comments
included in Exhibit "c" - Conditions of Approval. Any additional conditions recommended by the Community
Redevelopment Agency Board or City Commission will be placed in Exhibit "c" - Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\415 SE 5th Avenue Aban\ABAN 05-002\Staff Report.doc
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415 SE 5th Avenue Abandonment ot Right-ot-Way
Joseph M. Tucker. -P.L.S.
219 S.E. 23rd AVENUE .' P.O. BOX 759 . BOYNTON BEACH, FLORIDA 33435
BOYNTON BEACH Phone (561) 737-6546 . Fax (561) 734~7546
PORTION OF RAILROAD A VENUE
TO BE ABANDONED
EXHIBIT B
BOUNDARY SURVEYS
MORTGAGE SURVEYS
CONSTRUCTION LAYOUT
A PORTION OF RAILROAD A VENUE, AS RECORDED BY PENCE SUBDIVISION NO. 1, IN PLAT BOOK 1
PAGE 33,OF TIIE PUBLIC RECORDS OF PALM BEACH COUN1Y, FLORIDA, SAID LAND TO BIi
ABANDONED ARE DESCRIBED AS FOLLOWS;
TIlAT PORTION OF RAILROAD AVENUE BEING DESCRIBED AS BOUNDED ON TIIE SOUTH BY TIIE
SOUTH LINE OF LOT 11, BLOCK "B" (NORTH RIGHT OF WAY LINE OF S.E. 5 rn A VENUE), AS SHOWN
i INTIIE ABOVE MENTIONED SUBDIVISION OF PENCE; BOUNDED ON THE NORTH BY TIIE NORTH LINE
OFLOT II,BLOCK "B",: BOUNDEDONTIIEEASTBYTIffi WEST LINE OF LOT 11, BLOCK "B',; BOUNDED
ON TIIE WEST BY THE EAST RIGHT OF WAY LINE OF 11IE FLORIDA EAST COAST RAILROAD RIGHT
OF WAY, AS SHOWN BY TIlE PLAT OF PENCE SUBDMSION NO.1, RECORDED IN PLAT BOOK I PAGE
33, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY FLORIDA '
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I HEREBY CERTIFY THAT THE DESCRIPTION AND TIlE AIT ACHED SKETCH OF DESCRIPTION WERE PREPARED IN
ACCORDANCE WITHTIIE SURVEYING STANDARDS, CHAP1ER61G176, FLORIDA Al)MINISlRATIVE CODE, SET FORTH ! :
BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS, PURSUANT TO SECTION 472.027, FL<?RIDA '
STATUTES, AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF, UNLESS IT BEARS THE
SIGNATURE AND TIIE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS DRAWING,
SKETCH, PLAT OR MAP IS FO"R, INFORMATION PURPOSES ONLY ANt> IS NOT VALID
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es . TUCKER,.. IE. ~ I1S
STERED LAND SURVEYOR O. 3 85
AlE OF FLORIDA ' ,
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NOTE: TIIIS IS NOT A SKETCH OF SURVEY, BlIT ONLY A GRAPHIC DEPICTIONS
OF THE DESCRIPTION SHOWN HEREON, THERE HAS BEEN NO FIELD WORK
VIEWlNGOF THE SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION,. ,
WIlH 1BE PREPARATION OF 1HIS INFORMATION SHOWN HEREON.
NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED BY TIlE SURVEYOR
FOR RIGHTS OF WAYS, EASEMENTS OR RESERVATIONS OF RECORD
Phone:
"Boca (561) 391-4388
Boynton (561) 737-6540
FAX (561) 734-7546
JOSEPH M. TUCKER. P.L.S.
219 S.E. 23nl Ave. . P.O. eox 759
Boynton Beach, FL 33435
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EXHIBIT "C"
Conditions of Approval
Project name: Abandonment of a portion of the 30-foot right-of-way of Railroad Avenue
(adjacent to 415 SE 5th Avenue)
File number: ABAN 05-002
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTERlENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
PUBLIC UTILITY PROVIDERS
Comments:
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT ]
- ovision of a utility easement satisfactory to BellSouth and City Engineering. X
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
2. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
3. To be determined.
S:\Planning\SHARED\WP\PROJECTS\415 SE sit> Ave Aban \ABAN 05-002\COA.doc
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 6, 2005
last resort in curbing human behavior. The few times that people have erred in bad taste may not
be a reason to put the City into a position of regulating color. It is important not to eliminate quaint.
These things give character to a City. It would be a shame to eliminate that possibility.
Ms. Horenburger stated the Spinosa theory as quoted by William F. Buckley. "My right to punch you
in the nose stops right at the tip of your nose where your right not to be punched begins." We all
need to have a voice and be involved.
With no one else wishing to speak, Chairperson Heavilin closed the public hearing.
Mr. Barretta commented that staff had done a good job.
Chairperson Heavilin referred to the base color and the comment that it be expanded beyond white,
beige and gray, to light pastels. It is her opinion that this is too limiting. Mr. Myott felt that these
hues would be included in the whites, beiges and grays. There are tints to these base colors.
Ms. Horenburger asked that Gulfstream Boulevard be added to the list of major arteries.
Mr. Rumpf advised that staff wrestled with what 36th Avenue was and then determined that it is
Gulfstream Boulevard.
Mr. Hutchinson felt it was necessary to have something to hand out that would show the details of
the hues and the ranges. We need to give a more accurate portrayal of the color areas that have
been discussed.
Mr. DeMarco congratulated the Planning and Zoning Division for a job well done.
Mr. Barretta felt that Mr. Rumpf had summarized the board's request very well and he did not feel
the need to see the document again. Ms. Horenburger agreed. Messrs. Myott and DeMarco
requested a copy of the colors once they are available.
Motion
Mr. Myott moved to proceed to the City Commission with the board's comments noted. Ms.
Horenburger seconded the motion that carried unanimously.
New Business
A. Abandonment
1.
Project:
Agent:
Owner:
Location:
Description:
415 SE 5th Avenue (ABAN 05-002) - 8455
Jeanne Heavilin, Saletish Realty, Inc.
James E. Ploen
415 SE 5th Avenue
Request abandonment of a portion of Railroad Avenue,
approximately 30 feet by 77 feet, immediately north of 5th
Avenue South, west of Lot 11, Block B of Pence Subdivision
and East of the Florida East Coast Railroad right-of-way
Chairperson Heavilin recused herself from the discussion of this case and passed the gavel to Mr.
DeMarco.
8
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 6, 2005
Ed Breese, Principal Planner, presented the case as described. This property is immediately north of
SE 5th Avenue and is situated between a small parcel on the east owned by Mr. Ploen and the FEC
on the west. The segment immediately north of this on Railroad Avenue was abandoned by
Resolution in October of 1994. When a right-of-way is requested for abandonment, the City
transfers ownership to the abutting property owners. In this case, that would be FEC on the west
and Mr. Ploen on the east. Fifteen feet would go to each of the parties at no cost.
The applicant was required to contact all utility departments. BeIlSouth is the only one with a buried
cable within the right-of-way. BeIlSouth does not object to the abandonment, but wants to ensure
that an easement is conveyed that will cover that utility. Staff has determined that the right-of-way
does not serve a public purpose and recommends abandonment with the conditions noted in Exhibit
"C". Those conditions include the provision of an easement for the Bell South utility.
Ms. Horenburger asked about the remainder of the property to the north and south. Mr. Breese
advised that the northern portion has been abandoned to the property owners and SE 5th is on the
south.
Mr. DeMarco announced the public hearing.
Dave Noble of Salefish Realty, Inc., represented Mr. Ploen and offered to answer questions
from the board.
Motion
Mr. Barretta moved to approve. Mr. Fenton seconded the motion that carried unanimously.
Land Use Plan Amendment/Rezoning
1.
Project:
Agent:
Owner:
Location:
Description:
New Site Plan
1.
Project:
Agent:
Owner:
Location:
Description:
Peninsula at Boynton Beach (LUAR 05-004)
Kim Glas-Castro, Bonnie Miskel, Ruden McClosky
Jennie A. Smith
East side of US 1, approximately 1,600 feet north of
Gateway Boulevard (2649 North Federal Highway)
Request to amend the Comprehensive Plan Future Land Use
Map from Local Retail Commercial and High Density
Residential to Special High Density Residential; and
Request to rezone from C-3 Community Commercial District
and R-3 Multiple-family Dwelling District to IPUD Infill
Planned Unit Development
Peninsula at Boynton Beach (NWSP 05-013)
Kim Glas-Castro, Bonnie Miskel, Ruden McClosky
Jennie A. Smith
East side of US 1, approximately 1,600 feet north of
Gateway Boulevard (2649 North Federal Highway)
Request for New Site Plan approval to construct 30 town
homes and 40 condominium units on a 3.51-acre parcel.
9
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Abandonment of a portion of the 30-foot right-of-way of Railroad Avenue
(adjacent to 415 SE 5th Avenue)
APPLICANT'S AGENT: Salefish Realty
APPLICANT'S ADDRESS: 915 S. Federal Hwy., Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
July 5, 2005
TYPE OF RELIEF SOUGHT: Request abandonment of a portion of a 30-foot unimproved road right-of-way
LOCATION OF PROPERTY: Generally located immediately north of 5th Avenue north, between 415 SE 5th
Avenue to the east and the FEC Railroad to the west.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
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 Community Redevelopment Agency Board, which Board found as follows:
OR
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the relief
sought by the applicant and heard testimony from the applicant, members of city administrative staff and the
public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with the
requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set forth on
Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms and
conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\415 SE 5th Avenue Aban \ABAN 05-002\DO.doc
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VIII.-PUBLIC HEARING
ITEM B.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 5,2005 March ]4,2005 (Noon.) 0 June 7, 2005 May ]6,2005 (Noon)
0 April] 9,2005 April 4, 2005 (Noon) D June 2] , 2005 June 6, 2005 (Noon)
0 May 3, 2005 April ]8,2005 (Noon) I2J July 5,2005 June 20,2005 (Noon)
D May 17,2005 May 2,2005 (Noon) 0 July 19,2005 July 5, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM I2J Public Hearing I2J Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the July 5,2005 City Commission Agenda under Public
Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board recommends that this item be
approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-
082.
EXPLANATION:
PROJECT:
AGENT:
LOCATION:
DESCRIPTION:
Commercial Uses in PUD Planned Unit Development District (CDRV 05-011)
Staff-initiated
PUD Planned Unit Development District
Request to amend the Land Development Regulations, Chapter 2.5. Planned Unit
Development, Section 9.D. Commercial Standards, to allow commercial uses to front on
exterior or perimeter streets, when such locations are consistent with adopted
redevelopment plans.
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES'
~
City Manager's Signature
Devel
Z;.J ~ \<' -
Planning and oning Director City Attorney / Finance / Human Resources
S:\P]anning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 05-0] I Commercial in PUDs\Agenda Item Request -Ju]y 5 2005.dot
S:\P1anning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 05-0]] Commercial in PUDs\Agenda Item Request -Ju]y 5 Z005.dot
II
1 ORDINANCE NO. 05-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA AMENDING LAND DEVELOPMENT
5 REGULATIONS, CHAPTER 2.5 "PLANNED UNIT
6 DEVELOPMENT", SECTION 9.D COMMERCIAL
7 ST ANDARDS TO ALLOW COMMERCIAL USES TO
8 FRONT ON EXTERIOR OR PERIMETER STREETS
9 WHEN SUCH LOCATIONS ARE CONSISTENT WITH
10 ADOPTED REDEVELOPMENT PLANS; PROVIDING
11 FOR CONFLICTS, SEVERABILITY, CODIFICATION
12 AND AN EFFECTIVE DATE.
13
14 WHEREAS, the City Commission, upon recommendation of the Community
15 Redevelopment Agency, does deem it appropriate and in the best interests of the citizens and
16 residents of the City of Boynton Beach, to amend the Land Development Regulations of the
17 City of Boynton Beach to allow commercial uses to front on exterior or perimeter streets when
18 such locations are consistent with adopted redevelopment plans.
19 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
21
Section 1.
The foregoing whereas clause is true and correct and is now ratified and
22 confirmed by the City Commission.
23 Section 2. Chapter 2.5 "Planned Unit Development", Section 9D of the Land
24 Development Regulations of the City of Boynton Beach Code of Ordinances is hereby
25 amended as follows:
26 Sec. 9. Internal PUD Standards.
27
28
29
30
31
32
33
34
35
36
37
38
D. COMMERCIAL STANDARDS. Commercial uses located in a PUD
are intended to serve the needs of the PUD and not the general needs of a
surrounding area. The maximum area within a PUD and not the general needs
of a surrounding area. The maximum area within a PUD which may be
devoted to neighborhood commercial uses, including required off-street
parking requirements, is governed by Table 1, Section 4 and Section 9C. Areas
designated for commercial activities shall not generally front on exterior or
perimeter streets, and shall be preferably centrally located within the project
unless these criteria would be inconsistent with, or contrary to, adopted
redevelopment plans. In instances where a PUD in the Community
S:\CA\Ordinances\LDR Changes\LDR Chapter 2,5 Sec 9D.doc
II
1
2
3
4
5
6
Redevelopment Area includes commercial uses, it shall be developed
consistent with adopted design guidelines or requirements contained in
redevelopment plans.
Section 3.
Each and every other provision of the Land Development Regulations
7
not herein specifically amended, shall remain in full force and effect as originally adopted.
8
Section 4.
All laws and ordinances applying to the City of Boynton Beach in
9 conflict with any provisions of this ordinance are hereby repealed.
10
Section 5.
Should any section or provision of this Ordinance or any portion
11 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
12 affect the remainder of this Ordinance.
13
Section 6.
Section 7.
Authority is hereby given to codify this Ordinance.
This Ordinance shall become effective immediately.
14
15
FIRST READING this _ day of , 2005.
SECOND, FINAL READING AND PASSAGE this _ day of , 2005.
CITY OF BOYNTON BEACH, FLORIDA
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33 ATTEST:
34
35
36 City Clerk
37
38
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA \Ordinances\LDR Changes\LDR Chapter 2,5 See 9D.doc
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSION
MEMORANDUM NO. PZ 05-082
TO:
FROM
Mayor and City CommiSSiO~
Dick Hudson, AICP tture
Senior Planner ~
Michael W. Rumpf N..
Director of Planning and Zoning
THROUGH:
DATE:
May 17, 2005
SUBJECT:
Commercial Uses in Planned Unit Developments (PUDs)
CDRV 05-011
NATURE OF REOUEST
Staff is proposing an amendment to the Land Development Regulations, Chapter 2.5 Planned
Unit Development, Section 9.D. Commercial Standards, to allow for commercial uses in PUDs to
front on exterior or perimeter streets, when such locations are consistent with adopted
redevelopment policies and plans.
BACKGROUND
The PUD regulations, found in Chapter 2.5 of the land Development Regulations were adopted
primarily to provide a more creative form of residential development other than what strict
subdivision regulations require in single-family residential zoning district regulations. In the City,
the majority of approved PUDs are located west of 1-95, with only 4 developments of this type
located east of the interstate.
The current regulations permit a limited amount of neighborhood commercial acreage within the
residential development, but require that the areas designated for commercial activities not front
on exterior or perimeter streets and preferably are located centrally within the project.
The IPUD Infill Planned Unit Development regulations were developed for application on small
projects (one to five acres) located in redevelopment areas in the Federal Highway Corridor. The
traditional PUD regulations have a minimum parcel size of five acres and are currently being
utilized for infill and redevelopment projects. There are locations in the redevelopment area
eligible for redevelopment where the inclusion of commercial uses, particularly fronting on
Federal Highway and other primary roadways, would be consistent with, and further the intent
of, adopted redevelopment plans; however the regulations cited above preclude that option.
Whereas the Mixed use low and Mixed use High zoning districts were established to gUide
redevelopment within redevelopment areas #2 through #4, residential uses are primarily
accommodated within areas #1 and #5 through the new IPUD zoning district. Given the limited
areas fit for sizeable mixed use projects within areas #1 and #5, and the surge In demand for
residential uses within the city, there has not been evidence of the need for such a mixed use
district within the entrance areas to the city, along Federal Highway. However, there may be a
few locations within these areas that are marketable for mixed use project, such as the
Gulfstream Mall. The Federal Highway Corridor Redevelopment Plan did not encourage nor
Page 2
CDRV 05-011
Commercial Uses in PUDs
discourage "mixed uses" with Areas #1 and #5, but only recommended that these areas be
limited to lower building heights and densities relative to areas #2 and #4. Given the limited
possible sites ideal for a mixture of residential-commercial uses (within areas #1 and #5), and
flexibility allowed by the PUD zoning district, staff recommends consideration of the subject
amendment rather than establishment of a new zoning district to accommodate mixed-use
projects within the areas described above.
ANALYSIS
A survey of Land Development Regulations for municipalities in Palm Beach County show that
similar restrictions exist in a majority of them. The reason generally stated is "to prevent strip
shopping centers from developing along roadway frontages" in the suburban areas. Staff
concurs that in suburban areas these regulations on commercial uses should remain in place.
However, when the PUD zoning district is used in the redevelopment areas where commercial
development along street frontages exists; where adopted plans encourage redevelopment of
commercial areas; and where the commercial development can be well-integrated with the
residential uses, then the regulations should be relaxed.
There are several limited areas along the Federal Corridor that are not eligible for rezoning to
the adopted mixed-use zoning district regulations that could benefit from the proposed
amendments to the code. These are areas where nodes of commercial development exist that
provide retail and services to established neighborhoods, and where a strictly residential
development might be conSidered incompatible. By utilizing the PUD review process, the
integration of commercial uses can be controlled to ensure internal and external compatibility.
Staff proposes that the following amendments (shown as underlined text) to the Land
Development Regulations to achieve the desired results:
D. COMMERCIAL STANDARDS. Commercial uses located in a PUD are intended
to serve the needs of the PUD and not the general needs of a surrounding area. The
maximum area within a Pun which may be devoted to neighborhood commercial uses,
including required off-street parking requirements, is governed by Table 1, Section 4 and
Section 9C. Areas designated for commercial activities shall not generally front on
exterior or perimeter streets, and shall be preferably centrally located within the project
unless these criteria would be inconsistent with. or contrary to. adopted redevelopment
plans. In instances where a Pun in the redevelopment area includes commercial uses. it
shall be developed consistent with adopted design guidelines or reauirements contained
in redevelopment plans.
RECOMMENDATION
It is staffs opinion that the proposed amendments to the Planned Unit Development regulations
are the minimum necessary to achieve the desired results, given the limited properties within
areas #1 and #5 where such mixed use projects are likely to be developed; therefore staff
recommends that the proposed amendments be carried forward to the Community
Redevelopment Agency Board for their review and comments.
Exhibits
S:\PlANNING\SHAREO\WP\SPfCPROJ\COOE RfVIEW\CDRV 05-009 CXlMMEROAl IN PUDS\COMMEROAl IN PUDS STAFf REPORT.DOC
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 6, 2005
Motion
Ms. Horenburger moved to approve the rezoning of said property from Community Commercial and
Multiple Family Dwelling District to Infill Planned Unit Development. Mr. Barretta seconded the
motion.
Mr. Fenton asked that the motion be made contingent to acceptance of all staff report and
conditions. Ms. Horenburger agreed to add this to her motion and Mr. Barretta agreed as well.
The motion passed 6-0.
Motion
Ms. Horenburger moved to approve the Site Plan for the Peninsula project incorporating all of the
conditions and comments of staff. Mr. Fenton seconded the motion.
Mr. Myott asked if this was going to be put on the Consent Agenda of the City Commission
considering the unanimous vote. Attorney Spillias responded that a Public Hearing was required.
The motion passed 5-1, Mr. Barretta dissenting.
Code Review
1. Project:
Agent:
Commercial Uses in Planned Unit
Development District (PUD) (CDRV 05-11)
Staff- initiated
Location: Planned Unit Development District
(PUD)
Description: Request to amend the Land Commercial Standards, to allow
commercial uses to front on exterior or perimeter streets, when
such locations are consistent with adopted redevelopment plans.
Dick Hudson, Senior Planner, said that the City requested a Code amendment to allow
commercial uses in PUDs on the exterior or perimeter streets when such locations are consistent
with adopted redevelopment plans and policies. This is another case where suburban development
regulations conflict with urban redevelopment plans. In the Redevelopment Areas 1 and 5, when
applications are made for the Special High Density Land Use, they also can apply for PUD regulations
if they are above five acres. If they are between one and fIVe acres, it is an Infill PUD. In an Infill
PUD, commercial uses are allowed only when they front on arterial roadways. There are instances
where properties larger than five acres are in areas where a commercial node is already established,
and it would be nice to be able to continue commercial along the major roadway and not force
residential into that area where it might create incompatibility. There are not many locations where
this would apply, but there are some. The proposed language would require only a minor change to
the existing language, which says, "Areas designated for commercial activity shall not generally front
on exterior or perimeter streets and shall be preferably centrally located within the project." What is
being added is: after the word project, "unless these criteria would be inconsistent with or contrary
to adopted redevelopment plans. In instances where a PUD and redevelopment area includes
commercial uses, it shall be developed consistent with adopted design guidelines or requirements
contained in the redevelopment plan."
16
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 6, 2005
Motion
Ms. Horenburger moved approval of Agenda Item D as requested by staff, Commercial Uses in
Planned Unit Development District (PUD). Mr. Myott seconded the motion.
Chair Heavilin opened the floor for the Public Hearing, and closed it when no one wished to speak.
Motion
Mr. Myott moved approval of Agenda Item D as requested by staff. Ms. Horenburger seconded the
motion that passed 6-0.
VII. Pulled Consent Agenda Items
A) Aporoval of Minutes from May 24. 2005
Chair Heavilin noted that on the last page of the May 24, 2005 meeting workshop minutes, there
was a motion and a second to approve the hiring of an Assistant Director. The outcome was not in
the minutes. The vote passed unanimously according to Mr. Hutchinson and no one disputed that.
Motion
Mr. Barretta moved to approve the minutes of the May 24, 2005 meeting as amended. Mr. DeMarco
seconded the motion that passed 5-0 (Ms. Horenburger was not on the dais.)
C) Consideration to Purchase Sims Property at 909 N. Seacrest Boulevard
Mr. Fenton asked for an official vote on this Consent Agenda item. They would be paying 123%
above the appraised value and over the property owner's appraisal. This purchase would be a
fiduciary responsibility that should be shared by the Board. He felt that it should not have been in
the Consent Agenda.
Chair Heavilin had some concerns about the discrepancies in the two appraisals. Mr. Fenton agreed,
saying there was a huge difference. Mr. Hutchinson stated that the first offer had been based on
the first set of appraisals that were found to be off by as much as this. Also, this gentleman also has
a business in the area and has other fees for relocation that added to this total price. It was not just
the single appraised value, but other considerations too. The value the CRA would pay is in line with
adjacent properties in the area. Mrs. Adams, two doors away, was paid in the same range. Mr.
Sims has a larger lot and an operating business on the property.
Chair Heavilin did not dispute the $223K appraisal; her question was the $100K appraisal. Mr.
Hutchinson said those appraisals were being thrown out and they were in the process of re-
appraising all the properties going through Eminent Domain and using a new appraisal company.
The appraisers were using property appraisals that were about a year old and that was not suitable
in his opinion. They had seen a 41% increase annually in this area and this had been documented.
Mr. Hutchinson was confident that the price range was correct and would be the price range if they
were in Court.
Mr. Myott asked for the square footage on this property.
Bany Lazarus, The Urban Group, said that they would be paying about $40 per square foot. In
his opinion, relative to the other properties in the area, this seemed to be a fair deal.o
Motion
17
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VIII.-PUBLIC HEARING
ITEM C.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 5,2005 March 14,2005 (Noon.) 0 June 7, 2005 May 16,2005 (Noon)
0 April 19,2005 April 4,2005 (Noon) 0 June 21, 2005 June 6, 2005 (Noon)
0 May 3, 2005 April 18,2005 (Noon) [8J Ju]y 5, 2005 June 20, 2005 (Noon)
0 May ]7,2005 May 2, 2005 (Noon) 0 July 19,2005 July 5, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM [8J Public Hearing [8J Legal
0 Bids 0 UnfInished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the July 5, 2005 City Commission Agenda under Public
Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board recommended that the subject
request be approved on June 9,2005. For further details pertaining to the request, see attached Department of Development
Memorandum No. PZ 05-095.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
Peninsula at Boynton Beach (LUAR 05-004)
Kim Glas-Castro, Bonnie Miskel, Ruden McClosky
Jennie Smith
East side of US 1, approximately 1,600 feet north of Gateway Boulevard (2649 North
Federal Highway)
Fy' Request to amend the Comprehensive Plan Future Land Use Map from Local Retail
I. Commercial and High Density Residential to Special High Density Residential; and
DESCRIPTION:
Request to rezone from C-3 Community Commercial District and R-3 Multiple family
Dwelling District to IPUD Infill Planned Unit Development.
Proposed Use:
30 townhomes and 40 condominium units.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
~~
City Manager's Signature
~
Planning and Zo g Director City Attorney / Finance / Human Resources
S:\P1anning\SHARED\WP\PROJECTS\Peninsula @ Boynton Beach\LUAR 05-004\Agenda Item Request Peninsula @ Boynton Bch LUAR 05-004 7-5-
05.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. 05-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AMENDING ORDINANCE 89-38
5 BY AMENDING THE FUTURE LAND USE ELEMENT
6 OF THE COMPREHENSIVE PLAN FOR A PARCEL
7 OWNED BY JENNIE A. SMITH, AND LOCATED ON
8 THE EAST SIDE OF FEDERAL HIGHWAY
9 APPROXIMATELY 1,600 FEET NORTH OF
10 GATEWAY BOULEVARD, AS MORE FULLY
11 DESCRIBED HEREIN; CHANGING THE LAND USE
12 DESIGNATION FROM LOCAL RETAIL
13 COMMERCIAL (LRC) AND HIGH DENSITY
14 RESIDENTIAL (HDR) TO SPECIAL HIGH DENSITY
15 RESIDENTIAL (SHDR); PROVIDING FOR
16 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE
17 DATE.
18
19 WHEREAS, the City Commission ofthe City of Boynton Beach, Florida has adopted
20 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element
21 pursuant to Ordinance No. 89-38 and in accordance with the Local Government
22 Comprehensive Planning Act; and
23 WHEREAS, the procedure for amendment of a Future Land Use Element of a
24 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
25 WHEREAS, after two (2) public hearings the City Commission acting in its dual
26 capacity as Local Planning Agency and City Commission finds that the amendment
27 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in
28 the best interest of the inhabitants of said City to amend the aforesaid Element of the
29 Comprehensive Plan as provided.
30 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
31 CITY OF BOYNTON BEACH, FLORIDA, THAT:
32 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated
S:\CA\Ordinances\planning\Land Use\peninsula.doc
1 herein by this reference.
2
Section 2:
Ordinance No. 89-38 of the City is hereby amended to reflect the
3 following:
4 That the Future Land Use ofthe following described land located on the east side of
5 Federal Highway approximately 1,600 feet north of Gateway Boulevard in Boynton Beach,
6 Florida shall be changed from Local Retail Commercial (LRC) and High Density Residential
7 (HDR) and shall now be designated as Special High Density Residential (SHDR - 20 duJac):
8 See Legal Description attached hereto
9
10
11 Subject to easements, restrictions, reservation and rights of way of record.
12
13
14 Section 3: That any maps adopted in accordance with the Future Land Use Element ofthe
15 Future Land Use Plan shall be amended accordingly.
16 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
17 Section 5: Should any section or provision of this Ordinance or any portion thereofbe
18 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
19 remainder of this Ordinance.
20 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge,
21 or appeal provisions provided by the Florida Local Government Comprehensive Planning and
22 Land Development Regulation Act. No party shall be vested of any right by virtue of the
23 adoption of this Ordinance until all statutory required review is complete and all legal challenges,
24 including appeals, are exhausted. In the event that the effective date is established by state law or
25 special act, the provisions of state act shall control.
26
FIRST READING this _ day of
,2005.
S:\CA\Ordinances\Planning\Land Use\Peninsula.doc
1
SECOND, FINAL READING and PASSAGE this _ day of
,2005.
2
3
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17
18 ATTEST:
19
20
2 1 City Clerk
22
23 (Corporate Seal)
24
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\Ordinances\Planning\Land Use\Peninsula.doc
1 ORDINANCE NO. 05-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, REGARDING THE APPLICATION OF
5 WATERBROOK DEVELOPERS, LLC, TO REZONE A PARCEL
6 OF LAND, AMENDING ORDINANCE 02-013 TO REZONE A
7 PARCEL OF LAND LOCATED ON THE EAST SIDE OF
8 FEDERAL HIGHWAY APPROXIMATELY 1,600 FEET NORTH
9 OF GATEWAY BOULEVARD, BOYNTON BEACH, FLORIDA, AS
10 MORE FULLY DESCRIBED HEREIN, FROM COMMUNITY
11 COMMERCIAL (C-3) AND MULTI FAMILY DWELLING
12 DISTRICT (R-3) TO INFILL PLANNED UNIT DEVELOPMENT
13 (IPUD); PROVIDING FOR CONFLICTS, SEVERABILITY, AND
14 AN EFFECTIVE DATE.
15
16 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted
17 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and
18 WHEREAS, Jennie A. Smith, owner ofthe property located on the east side of Federal
19 Highway approximately 1,600 feet north of Gateway Boulevard in Boynton Beach, Florida, as
20 more particularly described herein, has filed a Petition, through its agent, pursuant to Section 9
21 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the
22 purpose of rezoning a parcel of land, said land being more particularly described hereinafter,
23 from Community Commercial (C-3) and Multi-Family Dwelling (R-3) to Infill Planned Unit
24 Development (IPUD); and
25 WHEREAS, the City Commission conducted a public hearing and heard testimony
26 and received evidence which the Commission finds supports a rezoning for the property
2 7 hereinafter described; and
28 WHEREAS, the City Commission finds that the proposed rezoning is consistent with
29 an amendment to the Land Use which was contemporaneously considered and approved at the
30 public hearing heretofore referenced; and
S:\CA \Ordinances\Planning\Rezoning\Rezoning - Peninsula.doc
1
SECOND, FINAL READING and PASSAGE this _ day of
,2005.
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3
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16
1 7 ATTEST:
18
19
20 City Clerk
21
22 (Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA \Ordinances\Planning\Rezoning\Rezoning - Peninsula. doc
DEVELOPMENT DEPARTMENT
PLANNING a. ZONING DMSION
MEMORANDUM NO. PZ 05-095
TO:
Chair and Members
Community Redevelopment Agency Board and
Mayor and City Commission
THROUGH:
FROM:
Michael W. Rumpf
Director of Planning and Zoning
Eric Lee Johnson, AICP ~
Planner 0
DATE:
June 2, 2005
PROJECT
NAME/NUMBER:
REQUEST:
Peninsula at Boynton Beach (LUAR - 05-004)
Amend the future land use designation from Local Retail Commercial
(LRC) and High Density Residential (HDR) to Special High Density
Residential (SHDR); and to rezone the property from (C-3) Community
Commercial and (R-3) Multiple-family Residential to (IPUD) Infill Planned
Unit Development.
PROJECT DESCRIPTION
Property Owner: Ms. Jennie A. Smith
Applicant: Waterbrook Developers, LLC.
Agent: Ms. Kim Glas-Castro and Ms. Bonnie Miskel with Ruden McClosky
Location: East side of Federal Highway approximately 1,600 feet north of Gateway
Boulevard (Exhibit "A")
Existing Land Use: Local Retail Commercial (LRC) and High Density Residential (HDR)
Existing Zoning: Community Commercial (C-3) and Multiple-family Dwelling District (R-3)
Proposed Land Use: Special High Density Residential (SHDR - 20 du/ac)
Proposed Zoning:
Infill Planned Unit Development (IPUD)
Proposed Use:
30 fee-simple townhouse units and 40 multi-family (condominium)
dwelling units
Page 2
File Number: LUAR 05-004
Name: Peninsula at Boynton Beach
Acreage:
3.51 acres (152,974 square feet)
Adjacent Uses:
North:
Developed commercial property within the Town of Hypoluxo, designated
Residential-Multiple Family (RH) land use and zoned Commercial Marine
(CM);
South:
Vacant property designated High Density Residential (HDR) and zoned
Multiple-family Dwelling District (R-3);
East:
Right-of-way for Intracoastal Waterway;
West:
Right-of-way for U.S. 1 and then right-of-way for Florida East Coast
Railroad.
EXECUTIVE SUMMARY
Staff recommends approval of the requested land use amendment and rezoning for the
following reasons:
1. The proposed redevelopment is located in the Federal Highway Corridor Community
Redevelopment Plan Study Area I and therefore meets the criteria for consideration of
the land use amendment as described in Policy 1.16.1 of the Future Land Use Element
of the Comprehensive Plan;
2. The project would not create additional impacts on infrastructure that have not been
anticipated in the Comprehensive Plan;
3. The proposed site plan is consistent with the intent and requirements of the IPUD
regulations and meets the requirements for compatibility with the adjacent properties
based on the proposed uses, landscaping buffers, and setbacks; and
4. The proposed project will have a positive impact on values of adjacent property and will
contribute to the overall economic development of the City.
PROJECT ANALYSIS
Chapter 163.3187, Florida Statutes states the requirements for small-scale Comprehensive Plan
map amendments. The proposed amendment must involve a use of fewer than ten (10) acres
and a residential use must have a density of ten (10) units or less in density, unless the subject
property is located in an area designated for urban infill, urban redevelopment, or downtown
revitalization. The parcel, which is the subject of this land use amendment, totals 3.51 acres.
Even though the requested density is greater than 10 du I ac, it is located within a recognized
redevelopment area. Because of this and the size of the property under consideration, the
Page 3
File Number: LUAR 05-004
Name: Peninsula at Boynton Beach
amendment qualifies as a "small scale" amendment. A "small-scale" amendment is adopted
prior to forwarding to the Florida Department of Community Affairs (DCA) and is not reviewed
for compliance with the state, regional and local comprehensive plans prior to adoption.
Master Plan I Site Plan Overview
The IPUD regulations are intended to be used in situations where new development or
redevelopment is proposed within an already developed area or neighborhood located in the
Federal Highway Corridor Community Redevelopment Plan Study Areas I and V. A mixture of
uses, including residential, retail commercial and office, may be allowed to the extent that no
land use conflicts would result and the basic intent of the Zoning Code and the Comprehensive
Plan would be followed. When the IPUD is to be developed in a single phase, the Site Plan for
that development may also represent the Master Plan. A request for Site Plan Approval is being
processed concurrent with this request for future land use map amendment and rezoning.
It is a basic public expectation that landowners requesting the use of the IPUD district would
develop design standards that exceed the basic development standards in terms of site design,
building architecture and construction materials, amenities and landscape design. The extent of
variance or exception to basic design standards, including but not limited to requirements for
parking spaces, parking lot and circulation design, and setbacks, would be dependent on how
well the above stated planning expectations are met in the proposed development plan.
The IPUD shall minimize adverse impacts on surrounding property. The City is not obligated to
automatically approve the level of development intensity requested for the IPUD. Instead, it is
expected to approve only such level of intensity that is appropriate for a particular location in
terms of land use compatibilities. The City may require, as a condition of approval, any
limitation condition, or design factor that will provide a reasonable transition to adjacent
development.
In order to be approved, an IPUD project must be compatible with and preserve the character
of adjacent residential neighborhoods. Furthermore, it must be an enhancement to the overall
local area and the city in general. Presentation of projects that fail to do so would be denied.
Each IPUD project is independent and is evaluated solely upon its own merits. The inclusion of
certain features in a previously approved IPUD project may not be entertained as a valid
argument for the inclusion of that same feature in any other IPUD project if the City decides to
reject those features. While the details of the proposed site plan are a companion agenda item,
a brief overview of the site plan is included below.
Site Plan Analvsis
The Special High Density Residential land use category allows a maximum of 20 du / ac. In this
instance, the applicant is proposing a development containing 70 units for an overall density of
20 du / ac (19.94 du / ac). The 70 units are proposed within seven (7) separate buildings on
the 3.51-acre site. According to the floor plans, the townhouse buildings would have five (5)
units each. Each unit proposed within the two (2) story townhouse buildings (Buildings 100 and
200) would have 3-bedroom and private backyards that would be large enough to
Page 4
File Number: LUAR 05-004
Name: Peninsula at Boynton Beach
accommodate a small-sized swimming pool. The number of bedrooms proposed within these
three (3)-story townhouse buildings (Buildings 300 through 600) would range between two (2)
bedrooms and four (4) bedrooms. Finally, the condominium building would have a mix of two
(2) and three (3) bedrooms per unit. The IPUD zoning district allows a maximum building
height of 45 feet and up to four (4) stories tall. However, a lesser building height could be
imposed if compatibility with the adjacent properties would be in jeopardy. The project
proposes seven (7) separate buildings of varying heights. The elevations (sheet A4) of the two
(2)-story townhouse building show that the midpoint of the pitched roof would be 29 feet - 11
inches in height. The elevations of the three (3)-story townhouse building (sheet A6) show that
the midpoint of the pitched roof would be 38 feet - four (4) inches in height. Finally, the top of
the roof of the condominium building would be 45 feet in height. The parapet wall (for the flat
portion of the roof) would be 50 feet in height. As previously mentioned, the abutting property
directly to the north is not located within city limits. Its zoning (Town of Hypoluxo -
Commercial Marine) allows for a maximum building height of 35 feet. This difference in
maximum building heights between the subject project and the existing marina building is not
an issue. The IPUD zoning district contains no specific minimum building setback requirements
other than mirroring the setbacks of adjacent zoning districts. The required building setbacks
important to this project would be the building setbacks along the north and south property
lines. The property to the north has a minimum required side setback of 15 feet. The existing
building is therefore non-conforming and is not the problem for the current developer. The site
plan shows that the two (2) story townhouse buildings would be located 24 feet from the north
property line. The three (3) story townhouse buildings, proposed closest to the existing marina
building, would be located 10 feet - six (6) inches from the north property line. Again, the non-
conforming marina building would impact this project more so than the townhouses would
impact the marina. Finally, the four (4)-story condominium building would be located 20 feet -
two (2) inches from the north property line.
Review Based on Reauired Criteria
The criteria used to review Comprehensive Plan amendments and rezonings are listed in the
Land Development Regulations, Chapter 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 Future
Land Use Map.
a. Whether the proposed rezoning would be consistent with applicable
comprehensive plan policies including but not limited to, a prohibition against
any increase in dwelling unit density exceeding 50 in the hurricane evacuation
zone without written approval of the Palm Beach County Emergency Planning
Division and the City's risk manager. The planning department shall also
recommend limitations or requirements, which would have to be imposed on
subsequent development of the property, in order to comply with policies
contained in the comprehensive plan.
The subject property is located in the hurricane evacuation zone; however, the proposed 70-
unit development would be replacing an existing legal non-conforming use that is licensed for
45 mobile home units. The Mobile Home Relocation Plan, which was submitted by the
Page 5
File Number: lUAR 05-004
Name: Peninsula at Boynton Beach
applicant, indicates the site is developed with 37 mobile homes. Deducting from the number of
licensed homes, the proposed development would increase the number of homes by 25 units.
Furthermore, the proposed project would replace an antiquated mobile home park with
improvements that are significantly less vulnerable to the effects of major winds on older
mobile homes since they must meet minimum standards for High Velocity Hurricane Zones as
required by the Florida Building Code. Policy 1.12.1 of the future land Use Element states the
following:
"The City shall adopt and enforce regulations to require that all new residential
developments of more than 50 units, which are located in the Hurricane
Evacuation Zone, will provide continuing information to residents concerning
hurricane evacuation and shelters through the establishment of a homeowners'
or residents' association'~
Therefore, approval of this rezoning is contingent upon the subsequent creation of a
homeowners' or residents' association (see Exhibit "B" - Conditions of Approval).
The criteria for assigning the Special High Density Residential land use category are found in
Policy 1.16.1 of the Future land Use Element:
"This land use category shall consist of redevelopment and infill residential areas
assigned to this land use category in the portion of the designated Community
Redevelopment Area identified as Planning Area I and Planning Area V in the
"Federal Highway Corridor Community Redevelopment Plan'; adopted on May
15, 2001. "
The proposed redevelopment is located in Planning Area I, as defined in the above-cited
redevelopment plan, and therefore is consistent with this portion of Policy 1.16.1.
The Infill Planned Unit Development (IPUD) Zoning District as set forth by the City of Boynton
Beach ("City") was created for the purpose of allowing flexibility to accommodate infill and
redevelopment on parcels less than five (5) acres in size specifically within the "Federal
Highway Corridor Community Redevelopment Plan" Study Areas I and V. The intent of the
IPUD zoning district is to allow for a mixture of uses, including residential, retail commercial and
office uses. Additionally, the IPUD zoning district was created to ensure compatibility of infill
redevelopment with adjacent existing single-family development, to clarify setback
requirements and to provide standards for building design elements. The IPUD zoning
regulations state that "it is a basic public expectation that landowners requesting the use of the
IPUD district will develop design standards that exceed the basic development standards in
terms of site design, building architecture and construction materials, amenities and landscape
design". Additional expectations of the IPUD are to minimize adverse impacts on surrounding
property; to be compatible with and preserve the character of adjacent residential
neighborhoods; to be an enhancement to the local area and the City in general; and, that it is
independent and will be evaluated solely on its own merits.
Page 6
File Number: LUAR 05-004
Name: Peninsula at Boynton Beach
Other policies contained in the Comprehensive Plan that are applicable to this request include
the following:
Policy 1.19.1- The City shall continue efforts to encourage a full range of
housing choices/ by allowing densities which can accommodate the approximate
number and type of dwellings for which the demand has been projected in the
Housing and Future Land Use E/ements/ including the provision of adequate sites
for housing very-Io~ low-/ and moderate income households and for mobile
homes;
Policy 1.19.7- The City shall continue to change the land use and zoning to
permit only residential or other non-commercial uses in areas where the demand
for commercial uses will not increase/ particularly in the Coastal Area; an~
The requested land use amendment and rezoning are consistent with both policies since it
would remove the possibility that commercial development could be built on the front portion of
the property (in the portion with the LRC land use classification). In addition, the requested
changes are consistent with the following strategies for Planning Area I, as stated in the Federal
Highway Corridor Community Redevelopment Plan:
Encourage a variety of housing Develop intensity standards that allow for a
variety of housing styles and types at intensities that will assist in supporting the
downtown area and general economic expansion; and
Require a transition to the adjacent gatewav neighborhoods Create development
standards in the city entrance communities that establish a logical transition to
the gateway communities. Building scale/ massing/ and placement should be
less intense than that of the adjacent planning areas/ but substantial enough to
announce an arrival in the City.
b. Whether the proposed rezoning would be contrary to the established land use
pattern, or would create an isolated district unrelated to adjacent and nearby
districts, or would constitute a grant of special privilege to an individual property
owner as contrasted with the protection of the public welfare.
The requested land use amendment and rezoning would promote efficient use of the subject
property. The property's location within both the Community Redevelopment Area and
Planning Area I of the Federal Highway Corridor suggests that the requested increase in density
is appropriate for the area. The property to the north, located outside the city limits, is
developed as a non-conforming commercial marina but can be developed with 11 du / ac at a
maximum height of 35 feet. Currently, the vacant residential property to the south could be
developed for residential uses at maximum density of 10.8 du / ac and a maximum height of 45
feet. While the requested density is greater than that of the abutting developments, it is
consistent with the transition in uses recommended in the Federal Highway Corridor Community
Redevelopment Plan. It is also typical of the development pattern in the coastal area, where
there coexists a combination of both single family neighborhoods and multi-family
developments. Each development's heights may vary greatly based on the type of development
Page 7
File Number: LUAR 05-004
Name: Peninsula at Boynton Beach
they are, often without consideration for abutting development. However, incompatibility with
lower densities (for this project) is a non-issue because no single-family residential land uses
are abutting the subject property. The accompanying site plan (NWSP 05-013) meets the
intent of what staff envisioned when creating the SHDR land use and IPUD zoning district.
c. Whether changed or changing conditions make the proposed rezoning desirable.
The property is currently developed with an aging mobile home park. The redevelopment of
the property is desirable for beautification, economic benefit, as well as for the purpose of
removing storm-vulnerable housing from the coastal high hazard area. The proposed rezoning
maintains the residential character of the area, and will provide an aesthetically pleasing living
environment in proximity to the downtown.
d. Whether the proposed use would be compatible with utility systems, roadways,
and other public facilities.
Projected utility systems demands and traffic generation impacts were provided by the applicant
and are shown below.
Maximum Potential Water / Sewer Traffic
Development Population Demand Generation
Potential Trips / day
Existing land Use 41 mobile 93 persons* 11,968 gpd* / 259*
(Actual) Mobile Homes homes* 9 600 aDd*
Proposed Development 70 dwelling 159 persons 30,100 gpd/ 490
units 13.545 aDd
* Statistics derived from the land use / amendment application and its supporting
documents
The applicant submitted a traffic study and it was forwarded to the Palm Beach County Traffic
Division for their review and approval. The Traffic Division reported that the proposed land use /
zoning change meets the Traffic Performance Standards (TPS) of Palm Beach County because
the proposed development is located in the county designated Coastal Residential Exception
Area. The project is expected to generate 39 peak hour a.m. trips and 45 peak hour p.m. trips.
No building permits are to be issued by the City after the 2007 build-out date.
Utilities staff reported that water and sewer capacity exists to provide for the 18,132 gallons per
day increase in water demand and the 3,945 gallons per day required for sewer service. The
applicant is encouraged to pay the applicable reservation fees associated with the above
referenced services
With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that
adequate capacity exists to accommodate the countYs municipalities throughout the 10-year
planning period. Regarding school concurrency, the proposed project lies within Concurrency
Service Areas (CSA) 17 and 19. Based on the School District's adopted multiplier's for an
Page 8
File Number: LUAR 05-004
Name: Peninsula at Boynton Beach
average multi-family dwelling unit, the proposed 70 units would generate five (5) elementary
school students, two (2) middle school students, and four (4) high school students. The
schools currently serving the area and their utilization are as follows:
Schools Current CaDacity Current Enrollment Utilization%
RollinQ Green Elementary 842 812 98%
Congress Middle School 1343 1126 84%
Boynton Beach High 2448 1933 79%
School
On March 29, 2005, the School District issued a Concurrency Determination for the site plan,
valid for one (1) year. However, it should be noted that beginning with the 2004-2005 school
year, the level of service for all CSA's would be reduced to 110%. Projects that have been
approved when construction commences in 2004 or later would be subject to further evaluation
against the 110% level of service (LOS) for school concurrency. Furthermore, the schools
referenced above that would currently serve the proposed development are subject to change
due to boundary adjustments, to equalize utilization, or to provide capacity for the new student
growth. Lastly, drainage would also be reviewed in more detail as part of the review of the site
plan application. The accompanying site plan would have to satisfy all requirements of the city
and local drainage permitting authorities.
e. Whether the proposed rezoning would be compatible with the current and
future use of adjacent and nearby properties, or would affect the property
values of adjacent or nearby properties.
The proposed land use amendment / rezoning would be compatible with the current and future
use of properties located to the north, south, east, and west of the subject property in
accordance with the vision for the corridor as represented by the redevelopment plan. There
are no indications that the proposed amendment / rezoning negatively impact property values.
The applicant states that the new development would have a positive impact on the value of
surrounding properties and is likely to spur investment in adjacent properties which would
further increase their values. Staff concurs that the development would have a positive effect
on values of adjacent properties.
f. Whether the property is physically and economically developable under the
existing zoning.
The subject parcel was previously developed with mobile homes. However, these one (l)-story
structures are not the highest and best use of the site. Under the current zoning category, the
R-3 zoning district allows for a residential density of 10.8 dwelling units per acre. The site could
be developed with single-family detached housing. However, the narrow configuration of the
property and the value of waterfront properties are factors which limit the diversity in terms of
Page 9
File Number: LUAR 05-004
Name: Peninsula at Boynton Beach
residential development alternatives. This property, which is eligible for the IPUD zoning
category, would allow a residential density of up to 20 dwelling units per acre. The proposed
zoning change would allow for greater flexibility in terms of use, density, and setbacks.
g. Whether the proposed rezoning is of a scale which is reasonably related to the
needs of the neighborhood and the city as a whole.
The requested land use amendment and rezoning present the opportunity for redevelopment in
a highly visible entrance corridor to the City and would also support the current trend toward
greater residential uses in this area, economic revitalization, and downtown redevelopment.
Anticipated impacts to traffic, and demands for water and sewer are minimal, basically because
there is relatively little increase in the number of residential units. The proposed project would
have a positive impact on property values and visual impacts to adjacent properties would be
minimized through good project design, appropriate setbacks, and dense landscaping and
buffering. This site and its project characteristic are consistent with Objective 1.13 that
discourages urban sprawl by creating a compact urban area within the City and City's utility
service areas.
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed.
In accordance with the definition of the Special High Density Residential land use designation in
Policy 1.16.1 of the Future Land Use Element, residential densities of 20 du / ac are permitted
in the Federal Highway corridor to encourage infill development and redevelopment. There are
a limited number of sites elsewhere in the city where residential development could occur at a
density of 10.8 du / ac; however, those sites do not offer the opportunity for redevelopment
and infill development that this location affords. Nor would development of those available
sites serve to promote the goals of the Community Redevelopment Agency and the Federal
Highway Corridor Community Redevelopment Plan. It is more difficult to redevelop a site rather
than develop a vacant site. Therefore, redevelopment efforts should be embraced because to
do so, would be consistent with many of the Objectives in the Comprehensive Plan and their
subordinate policies.
CONCLUSIONS/RECOMMENDATIONS
As indicated herein, this request is consistent with the intent of the Comprehensive Plan and
respective redevelopment plan; would not create additional impacts on infrastructure that
cannot be accommodated, meets the intent of the IPUD regulations, and would contribute to
the overall economic development of the City. Therefore, staff recommends that the subject
request be approved subject to the developer creating a homeowners' or residents' association
as per Policy 1.12.1 of the future Land Use Element of the Comprehensive Plan. If the
Community Redevelopment Agency Board or the City Commission recommends conditions, they
will be included within Exhibit "B".
S:\PIannlng\SHARED\WP\PROJECTS\PenlnsuIa @ Boynton Beach\LUAR OS-004\Staff Report.doc
EXHIBIT "B"
Conditions of Approval
Project name:
File number:
RfI
Peninsula at Boynton Beach
LUAR 05-004
S ff M d P&Z 05 095
e erence: ta renort emoran urn -
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTERJENVIRONMENT ALIST
Comments: None X
PLANNING & ZONING
Comments:
1. The City shall adopt and enforce regulations to require that all new X
residential developments of more than 50 units, which are located in the
Hurricane Evacuation Zone, will provide continuing information to
Page 2
Peninsula at Boynton Beach
File No.: LUAR 05-004
DEPARTMENTS INCLUDE REJECT
residents concerning hurricane evacuation and shelters through the
establishment of a homeowners' or residents' association. Therefore,
approval of this rezoning is contingent upon the subsequent creation of a
homeowners' or residents' association.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY
COMMENTS:
Comments:
2. None X
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
3. To be determined.
S:\Planning\SHARED\WP\PROJECTS\Peninsula@ Boynton Beach\LUAR 05-004\COA.doc
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 6, 2005
Ed Breese, Principal Planner, presented the case as described. This property is immediately north of
SE 5th Avenue and is situated between a small parcel on the east owned by Mr. Ploen and the FEC
on the west. The segment immediately north of this on Railroad Avenue was abandoned by
Resolution in October of 1994. When a right-of-way is requested for abandonment, the City
transfers ownership to the abutting property owners. In this case, that would be FEC on the west
and Mr. Ploen on the east. Fifteen feet would go to each of the parties at no cost.
The applicant was required to contact all utility departments. BeIlSouth is the only one with a buried
cable within the right-of-way. BellSouth does not object to the abandonment, but wants to ensure
that an easement is conveyed that will cover that utility. Staff has determined that the right-of-way
does not serve a public purpose and recommends abandonment with the conditions noted in Exhibit
"C". Those conditions include the provision of an easement for the Bell South utility.
Ms. Horenburger asked about the remainder of the property to the north and south. Mr. Breese
advised that the northern portion has been abandoned to the property owners and SE 5th is on the
south.
Mr. DeMarco announced the public hearing.
Dave Noble of Salefish Realty, Inc., represented Mr. Ploen and offered to answer questions
from the board.
Motion
Mr. Barretta moved to approve. Mr. Fenton seconded the motion that carried unanimously.
Land Use Plan Amendment/Rezoning
1.
Project:
Agent:
Owner:
Location:
Description:
New Site Plan
1.
Project:
Agent:
Owner:
Location:
Description:
Peninsula at Boynton Beach (LUAR 05-004)
Kim Glas-Castro, Bonnie Miskel, Ruden McClosky
Jennie A. Smith
East side of US 1, approximately 1,600 feet north of
Gateway Boulevard (2649 North Federal Highway)
Request to amend the Comprehensive Plan Future Land Use
Map from Local Retail Commercial and High Density
Residential to Special High Density Residential; and
Request to rezone from C-3 Community Commercial District
and R-3 Multiple-family Dwelling District to IPUD Infill
Planned Unit Development
Peninsula at Boynton Beach (NWSP 05-013)
Kim Glas-Castro, Bonnie Miskel, Ruden McClosky
Jennie A. Smith
East side of US 1, approximately 1,600 feet north of
Gateway Boulevard (2649 North Federal Highway)
Request for New Site Plan approval to construct 30 town
homes and 40 condominium units on a 3.51-acre parcel.
9
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 6, 2005
Attorney Spillias commented on ex parte disclosures by members of the Board, advising that Items B
& C, Land Use Plan Amendment/Rezoning and New Site Plan could be considered together for this
purpose.
The members disclosed their ex parte contacts with Ms. Miskel and the applicant as follows: Mr.
Fenton spoke with Ms. Miskel in his office between the last meeting he attended and this one. Chair
Heavilin met with Ms. Miskel and the applicant two months previously. Ms. Horenburger and Mr.
Barretta also met Ms. Miskel and the applicant in their respective offices recently.
Attorney Spillias reviewed the newly instituted procedures for quasi-judicial hearings. After all the
witnesses are sworn and people make their appearances, City staff members will present a summary
of the issues before the Board and testify as to their opinions and make recommendations. The
Staff presentations should not exceed fifteen minutes in length. The applicant will then make their
case and the interveners would make their case and the members of the public would offer their
comments, limited to three minutes each, and then rebuttals, by the intervener, the applicant, and
the staff. At that time the CRA will go into basically executive session and discuss the matter. CRA
members can ask questions at anytime during anybody's presentation. If there is an extensive
amount of interplay because of those questions at the discretion of the Chair, time limits can be
extended, but they will try to stick to them as closely as possible.
Attorney Spillias swore in all those who wished to offer testimony or discussion on the Peninsula at
Boynton Beach agenda items.
Chair Heavilin asked whether the Board could consider Items Band C for the Pensinula at one time,
giving separate motions for each. Attorney Spillias indicated that this would be appropriate.
Eric Johnson, Planner, presented the staff summary of the Land Use Plan Amendment/Rezoning and
advised that staff recommended approval of the request. The property is located in the
redevelopment area, Study Area No.1, and is eligible for the density, the land use, and the zoning
district. The project would not create any additional impacts on infrastructure that had not been
anticipated in the Comprehensive Plan; the proposed Site Plan was consistent with the intent and
requirements of the IPUD regulations and meets the requirements for compatibility with the
adjacent properties based on the proposed uses, landscape buffers and setbacks; and the proposed
project will have a positive impact on values of adjacent properties and will contribute to the overall
development of the City. Staff reviewed the Land use Amendment and Rezoning based on the eight
required criteria and Peninsula at Boynton Beach demonstrates compliance with all such criteria.
There is one condition of approval with the rezoning request in Exhibit B, Conditions of Approval.
Mr. Johnson then reviewed the New Site Plan request and advised that staff recommended approval
of the request, with 46 Conditions of Approval, some of which had already been met. In his
summary, Mr. Johnson related that the subject property was 3.51 acres in size and is developed as
the Lake City Trailer Park. The applicant was required to submit a relocation study and the study
indicated that there were 45 mobile home lots or spaces but only 32 of them were occupied with
units, 25 of which were leased to long-term tenants. The proposed density would be 19.94 du/acre.
Staff reviewed the project for concurrency and found that it met all concurrency requirements in the
City, the County, and any other applicable agency. The Site Plan meets the minimum standards and
exceeds the Code requirements in terms of the parking facility, the landscaping, the buffering, and
the setbacks.
10
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 6, 2005
Mr. Johnson showed a rendering of the Site Plan to the public so they would be able to see where
the buildings would be located. There were seven buildings in all and ample buffering. The Board
members had seen the landscape plans and configuration of the lot.
Mr. Barretta questioned the parking spaces numbered 22, 28, 29, 32, and 33, saying that they did
not have the required 24 feet of back-up distance. The applicant responded that this might be an
oversight and if it were a problem, those spaces would be eliminated. Mr. DeMarco stated that this
had been one of his concerns also.
Chair Heavilin asked if the applicant was in agreement with all the Conditions of Approval.
Ms. Bonnie Miskel, appearing on behalf of the contract purchaser, stated that the applicant
was in agreement with all of the conditions.
In response to the concern about the parking spaces, Ms. Miskel stated that these spaces were all
surplus and could be removed. They would be happy to make adjustments to the islands. They
would work with staff to accommodate the Board's desires on this item.
Ms. Miskel related a congenial conversation with the owner of the Lake City Trailer Park who had
stated that they had a good run and it was time for a change. This project is consistent with the
City's Comprehensive Plan and the CRA goals and objectives as shown in the study performed
previously. Ms. Miskel reiterated the high points of the design, commenting on the creative and
flexible use of space in the IPUD. The buildings were oriented east and west and north and south.
The size of the buildings would be mixed also with two and three story town homes and a four-story
condominium building. Views of the water were maximized in all of the buildings. The landscaping
for the entire project is lush and extensive. The applicant did not object to staff's request to increase
the height of the trees. In summary, Ms. Miskel stated that these were luxury units and the starting
price would be in the $400K range.
I. Board Questions/Comments
Mr. Myott asked the architect to elaborate on the railings for the balconies.
Jay Colestock of Colestock and Muir Architects responded that the railing was an open picket
rail and the solid line indicates the handrail.
Mr. Myott questioned whether the trim was made of foam or cast stone. Mr. Colestock stated it
would probably be foam with high-resin on the outside. It would have the appearance of the pecky
cypress outriggers with stone crown molding and stone trim around the windows.
Mr. Myott asked that staff give more architectural details on the materials in the future.
Mr. DeMarco asked about the foam and whether it was stable in hurricane conditions. Mr. Colestock
said he had never seen it blow off in a hurricane and it was attached with very thick mastic. The
high-density resin on the outside of the foam was almost impenetrable. Ms. Horenburger confirmed
that the foam met the requirements of the South Florida Building Code.
Mr. Fenton asked Ms. Miskel to outline the applicant's plans to provide for relocating the residents of
the existing Lake City Trailer Park.
11
~,-"----_..'";->>"",,.""",
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 6, 2005
Ms. Miskel stated that in accordance with Chapter 723, notice was given earlier this year when they
filed their original application. A meeting had been held, and a relocation package was presented to
the residents who attended. Less than twelve residents attended, although some were out of town
and neighbors picked up packages for them. Under Chapter 723, the owner either contributes to
the Mobile Home Trust Fund or makes arrangements directly with the mobile home owners. An
offer has been made to the mobile home owners that nearly doubles the maximum value associated
with the relocation' of a singlewide mobile home (representing 90% of the mobile homes on this
property). The applicant has agreed to extend the offer to recreational vehicles, which are not
entitled to any compensation under State Statute. They believe that their offer was very fair. The
meeting was positive and those with concerns wish to resolve them as quickly as possible. Under
State Statute, the applicant is required to provide six months notice to vacate. That notice has not
been given and the applicant did not Intend to give It until September. A program was set up where
the applicant was meeting with the mobile homeowners Individually in order to assess their wants
and needs. The package given to the residents Include all the vacancies in other mobile home parks
in the area. Some people may elect to look for more permanent housing and a specialist has been
made available to them to help Identify this when possible. They are doing their best to
accommodate all the needs and wants of the residents.
Chair Heavilin opened the floor for the Public Hearing.
Chris Ciasulli, resident of Boynton Beach, owner of Gateway Marina, and former mobile
home park owner, stated that the "doubled value" spoken of by Ms. Miskel earlier was actually about
$6,000 per owner.
His family has owned this marina for 18 years and it houses over 2000 boats. Although the
applicant's attorney referred to the marina as a "less than acceptable" use, there are many people in
the community who use and enjoy It. He planned to keep the marina for a long time. He spoke of
plans to expand, more than doubling his docks, which were in a zero-lot-line relationship to the
proposed development. This would be over 500 feet from the seawall where his longest pier now
was approximately 200 feet. His permit was under review by the Deparbnent of Environmental
Protection and it appeared that it would be approved in September of 2005. One of the Peninsula
buildings would directly overlook his docks. He wanted to be able to conduct his business in the
same way as had been done for the last 18 years. The Marina has several customers with cigarette
boats that pull up to the dock at 10:00 p.m. at night after going to the Banana Boat. There is
normal marina activity including sword fisherman who return at 4:00 - 5:00 a.m. in the morning,
unload their belongings, flush their engines, and do typical marina activity. The noise from these
activities was even less than that of the fork lift trucks, baCk-up alarms, and other activity in the
marina. He felt that a disclosure to the effect that the proposed housing units were next to a
commercial business where normal marine activity would take place would be needed. The marina is
open to the public 24 hours a day, seven days a week, and he did not want the public to lose that.
Although the marina had cohabited successfully with the trailer park and the Lakeshore
condominiums during their ownership, and the marina driveway separates the massive storage
building from Lakeshore, there was no such buffer to the south. The marina storage building is built
on a zero lot line. He also spoke of an existing gutter that went down towards the trailer park into a
drainage pipe. He was desirous of maintaining this drainage system (of undetermined ownership)
for his 30K square foot roof.
Mr. Ciasulli felt that allowing 20 units per acre in the proposed development would create very
narrow parking spots. He did not agree that the proposed property was ''terrible for commercial
12
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 6, 2005
use" (referring to a comment by Ms. Miskel earlier), and he would love to have it. The setback
would be more on the south side than it would be on the marina side.
Tony Morrow, 2611 Lake Drive, Boynton Beach, lives just to the south of the proposed
project. He represented himself and many other community members who were concerned about
the size of a building that would stick out over the peninsula. They felt that the proposed structure
was considerably larger than the size of a normal home and in terms of impact to the current
neighbors; it would be as if the proposed structure were a thousand times larger than a normal
home. When he and his neighbors look to the north now, instead of seeing the bay, they will see a
huge building. They were not opposed to the townhouses or development. If the proposed
development had two-story structures or town homes, there would be much less opposition. He
praised the City for its recent development of the City. This, however, was an example of a
development that totally changed the feel of the area in a negative way. It was just "too much."
Ms. Horenburger asked what kind of height was permitted in this area under existing zoning and Mr.
Johnson responded that the two zoning districts represented at this property both allowed a
maximum height of 45 feet. Mr. Johnson agreed that approving this change would not dramatically
change what was currently allowed.
Howard Lawson, a resident of Palm Beach County for sixty years and manager of the Gateway
Marina, stated that he wanted to see the marina stay for a long time. It was one of the few places
where large boats could be hauled out. He referred to the Morrell Marina to the north that had a
large housing development alongside it. At that marina there was noise from sanding, grinding, and
fiberglass work and the Gateway Marina would be quiet compared to that. There are Boynton Beach
residents who have boats at Gateway Marina at this time.
Mr. Myott confirmed that the Gateway Marina was outside the city limits of Boynton Beach and that
the City had no jurisdiction over that marina and could not tell them to be quiet.
The owner of Gateway Marina mentioned that the occupants of the trailer park had complained to
the Town of Hypoluxo about the noise from the marina and he had been written up with no proof
from the Police that a noise violation had actually taken place.
Jane Miller, a neighbor of Mr. Morrow and resident of Lake Drive, Boynton Beach, spoke
as a long-time resident of Boynton Beach. She recalled when Boynton was a nice, quiet fishing
community. It was no longer that. Their lakeside Gardens community was small and consisted of
single-family homes. They could accept development, but changing their view from a single story
house to that of a five-story condominium, with people looking down on their little quiet bay, would
completely take away from the character of their community. She wanted to voice her objection to
the proposed height, even if she could not stop it.
Ms. Horenburger stated that this area had been zoned for a forty-five feet height for a long time and
that would be at least a four-story building.
Mike Mrotek, 2624 Lake Drive North, Boynton Beach, stated that he owned the property
where the "M" appeared on the diagram. The point and waterfront was backfilled with debris and
rubble when the trailer park was developed, and the builder should be aware of this. The existing
trailer park was comprised of 45 homes, largely seasonal in nature. The proposal would replace that
with 70 units, largely year-round in nature. He was very concerned with the traffic that would result
from it. Mr. Mrotek referred to a case where the residents had fought the building of a home on the
point (behind the ladies Club in Boynton Beach), where the proposed building would block the view
13
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 6, 2005
of the current residents. The residents won the case. That was exactly what was happening with
the proposed project. Mr. Mrotek thought that the proposed project was five stories high and a story
was 10 feet. This would eliminate any view to the north. He asked that his comments be taken into
consideration and passed on to the Commission.
Mr. Barretta stated that prior to the public input, he had a very different opinion of the proposed
project. He knew that the Marina was not in the Boynton Beach City limits, but it was a neighboring
community and there should be a good-neighbor policy. He was concerned about what the
developer would do to insure that the marina was not driven out of business by complaints from
owners of three-quarters of a million dollar units, when he was already having trouble from the
trailer park. He was there first and Ms. Miskel had already referred to the Marina in a disparaging
way as an unsuitable neighbor. He wanted to know what the developer was going to do to mitigate
the problems that this development would impose upon the Marina.
Ms. Miskel said that the beauty of the IPUD was that they might be able to mitigate what they could
not under R-3 zoning. As an example, there would be a wall running along the entire north end.
She did not mean to disparage Mr. Ciasulli's use, because there were a lot of projects outside of
Boynton and projects in Boynton that were marina projects. The fact that a marina is next to
residential is not incompatible in and of itself. There was, however, an illegal, non-conforming
building on the site of the Marina. His building was closer to his property line than they were
allowed to put a building. Unfortunately, that was not a desirable location for his building. However,
they did not dispute the fact that he was there first. The project does want to be a good neighbor.
They had pushed their buildings away from the border, and the only portion of the building that
would be close, the 3-story town home running north south, had no direct openings contiguous to
the Marina. They did not have any problem with a disclosure in the association documents that
could state the obvious, "If you have not noticed, you are next to a marina." Certain communities
that are next to major rights-Of-way have language incorporated to put the buyers on notice as in,
"Buyer beware. You are in an urban infill area and there are people and uses around you that are
going to make noise." They believed their design would promote a good relationship and they had
every intention of being good neighbors. They had made no application to change or harm his
business.
She also commented that they were abutting a multi-family neighborhood, not a single-family one.
The people who are located in the R-1-AA actually have a multi-family property to the north of them.
They were not directly contiguous to them. Their largest building was a four-story building and it
represented only one third of the total site. That four-story building did not exceed the present height
limitations. Of greater concern would be the development of the nursery business in this area
because that is zoned R-3 multi-family and they are permitted to have heights of 45 feet. There
would probably be buildings on that property which would obstruct their view as well.
Mr. Barretta asked Ms. Miskel to have someone give a visual presentation of where the large
building was. Mr. Fenton did not believe that there would be much of a view going north south
anyway.
Jay Colestock, the architect, showed the Board where the view started and ended. Anything south
of the nursery was in the single-family category. At the very tip of the peninsula, they planned a
clubhouse and swimming pool area. They did not intend to have docks, which would probably be an
advantage to their Marina neighbor, since there would be no interference and no intermingling of
boat traffic.
14
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 6, 2005
Mr. Baretta asked that someone point out where the most noise-generating part of the Marina's
operation would be. Since the answer was not readily forthcoming, Mr. Barretta followed it up by
asking how they attempted to mitigate the problem. Mr. Colestock said he had mitigated for the
visual effects of the metal building on the zero lot line. Mr. Barretta confirmed that other than the
wall and landscaping, there were no mitigating features pertaining to noise.
Ms. Miskel said that they were using wind-resistant glass and they thought this would help to
mitigate the exterior noise. Also, they planned to provide for soundproofing within the buildings.
Mr. Myott asked Mr. Doug Hutchinson whether any conversations had been held regarding any
affordable access in this project. Mr. Hutchinson said they were not in the Heart of Boynton area and
did not qualify for any direct incentives of any type. Mr. Myott commented to Mr. Morrow and his
neighbors that a project had come in to the Board a few months before where the compatibility of
existing single-family homes was discussed in contrast to the proposed new buildings. They were
very well organized and were able to reduce that building by one story. He felt there were some
compatibility issues with this project, but they might not be as significant as ones that could come in
when the nursery property was developed.
Tony Morrow reappeared at the podium and asked if the building was five stories or four stories. Mr.
Myott remarked that the parking was underneath and partially recessed, so there were five levels,
but four stories of units. The overall height did not exceed 45 feet.
A question was raised about the drainage, and Ms. Horenburger said this would have to be
addressed in the Development Plan.
Chair Heavilin closed the Public Hearing.
Ms. Horenburger was offended by the Marina owner's comment that the Board was here to make
changes because of money. He was telling the Board that he was applying to the DEP to extend his
docks and surely he was doing that for money. She wondered if the City or the County could protest
the extension of the docks at the Marina. Chair Heavilin did not think that this had anything to do
with the agenda.
Chair Heavilin commented that although some people would lose some of their view, it was a good-
looking, well-designed project. She was thankful that this project was before the Board instead of
some others that might have been proposed for this property. She was glad to hear that the
relocation was underway.
Motion
Mr. Fenton moved to amend the Future Land Use designation from Local Retail Commercial LRC and
High Density to Special High Density Residential, and to rezone the property for C-3 Community
Commercial in an R-3 multiple family residential to IPUD for the Peninsula at Boynton Beach LUAR 5-
004.
Attorney Spillias commented that the Rezoning had to be in a separate motion.
Mr. Fenton amended his motion to exclude Rezoning. Ms. Horenburger seconded the motion that
passed 6-0.
15
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 6, 2005
Motion
Ms. Horenburger moved to approve the rezoning of said property from Community Commercial and
Multiple Family Dwelling District to Infill Planned Unit Development. Mr. Barretta seconded the
motion.
Mr. Fenton asked that the motion be made contingent to acceptance of all staff report and
conditions. Ms. Horenburger agreed to add this to her motion and Mr. Barretta agreed as well.
The motion passed 6-0.
Motion
Ms. Horenburger moved to approve the Site Plan for the Peninsula project incorporating all of the
conditions and comments of staff. Mr. Fenton seconded the motion.
Mr. Myott asked if this was going to be put on the Consent Agenda of the City Commission
considering the unanimous vote. Attorney SpilJias responded that a Public Hearing was required.
The motion passed 5-1, Mr. Barretta dissenting.
Code Review
1. Project:
Agent:
Commercial Uses in Planned Unit
Development District (PUD) (CDRV 05-11)
Staff-initiated
location: Planned Unit Development District
(PUD)
Description: Request to amend the land Commercial Standards, to allow
commercial uses to front on exterior or perimeter streets, when
such locations are consistent with adopted redevelopment plans.
Dick Hudson, Senior Planner, said that the City requested a Code amendment to allow
commercial uses in PUDs on the exterior or perimeter streets when such locations are consistent
with adopted redevelopment plans and policies. This is another case where suburban development
regulations conflict with urban redevelopment plans. In the Redevelopment Areas 1 and 5, when
applications are made for the Special High Density land Use, they also can apply for PUD regulations
if they are above five acres. If they are between one and five acres, it is an Infill PUD. In an Infill
PUD, commercial uses are allowed only when they front on arterial roadways. There are instances
where properties larger than five acres are in areas where a commercial node is already established,
and it would be nice to be able to continue commercial along the major roadway and not force
residential into that area where it might create incompatibility. There are not many locations where
this would apply, but there are some. The proposed language would require only a minor change to
the existing language, which says, "Areas designated for commercial activity shall not generally front
on exterior or perimeter streets and shall be preferably centrally located within the project." What is
being added is: after the word project, "unless these criteria would be inconsistent with or contrary
to adopted redevelopment plans. In instances where a PUD and redevelopment area includes
commercial uses, it shall be developed consistent with adopted design gUidelines or requirements
contained in the redevelopment plan."
16
VIII.-PUBLIC HEARING
ITEM C.,
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 AprilS, 2005 March 14,2005 (Noon.) 0 June 7, 2005 May ]6,2005 (Noon)
0 April 19,2005 Apri] 4, 2005 (Noon) 0 June 21, 2005 June 6, 2005 (Noon)
0 May 3, 2005 Apri] 18,2005 (Noon) ~ Ju]y 5, 2005 June 20, 2005 (Noon)
0 May 17,2005 May 2, 2005 (Noon) 0 July 19,2005 Ju]y 5, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM ~ Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 AnnmUlcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the July 5,2005 City Connnission Agenda under Public
Hearing, to follow but be combined with the corresponding items for Comprehensive Plan amendment and rezoning. The
Community Redevelopment Agency Board recommended that the subject request be approved on June 9,2005.
For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-091.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
Peninsula at Boynton Beach (NWSP 05-013)
Kim Glas-Castro, Bonnie Miskel, Ruden McClosky
Jennie Smith
East side of US I, approximately 1,600 feet north of Gateway Boulevard (2649 North
Federal Highway)
I, Request for New Site Plan approval to construct 30 townhomes and 40 condominium
units on a 3.51-acre parcel.
DESCRIPTION:
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
~
City Manager's Signature
Planning and Zo lrector City Attorney / Finance / Human Resources
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05.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSION
MEMORANDUM NO. PZ 05-091
STAFF REPORT
FROM:
Chair and Members
Community Redevelopment Agency Board and City Commission
IICV~
Michael Rumpf i'
Planning and Zoning Director
Eric Lee Johnson, AICP C;Y
Planner V
TO:
THRU:
DATE:
June 2, 2005
PROJECT NAME/NO:
REQUEST:
Peninsula at Boynton Beach
New Site Plan
PROJECT DESCRIPTION
Property Owner: Ms. Jennie A. Smith
Applicant: Waterbrook Developers, LLC.
Agent: Ms. Kim Glas-Castro and Ms. Bonnie Miskel with Ruden McClosky
Location: East side of Federal Highway approximately 1,600 feet north of Gateway
Boulevard (Exhibit "AIf)
Existing Land Use: Local Retail Commercial (LRC) and High Density Residential (HDR)
Existing Zoning: Community Commercial (C-3) and Multiple-family Dwelling District (R-3)
Proposed Land Use: Special High Density Residential (SHDR - 20 du/ac)
Proposed Zoning: Infill Planned Unit Development (IPUD)
Proposed Use: 30 fee-simple townhouse units and 40 multi-family (condominium)
dwelling units
Acreage: 3.51 acres (152,974 square feet)
Adjacent Uses:
North:
Developed commercial property within the Town of Hypoluxo, designated
Residential-Multiple Family (RH) land use and zoned Commercial Marine
(CM);
South:
Vacant property designated High Density Residential (HDR) and zoned
Staff Report - Peninsula at Boynton Beach (NWSP 05-013)
Memorandum No PZ 05-091
Page 2
Multiple-family Dwelling District (R-3);
East:
Right-of-way for Intracoastal Waterway;
West:
Right-of-way for U.S. 1 and then right-of-way for Florida East Coast
Railroad.
PROPERTY OWNER NOTIFICATION
Owners of properties within 400 feet of the subject new site plan were mailed a notice of this request and
its respective hearing dates. The applicant certifies that they posted signage and mailed notices in
accordance with Ordinance No. 04-007.
Site Characteristic: The subject property is comprised of one (1) rectangular-shaped lot with the
eastern portion supported by a seawall cap. The lot is located within the Federal
Highway Corridor Community Redevelopment Plan Study Area I. According to the
Mobile Home Relocation Study, the subject site was licensed as a Prospectus Park
by the Florida Department of Business and Professional Regulation (DBPR) in 1986
for 45 mobile homes. The Study indicates that lake City Trailer Park is improved
with 45 mobile home lots or spaces, but only 32 lots are currently occupied with
units. Of the 32 mobile home lots or spaces, 25 are currently leased by long-term
tenants while the remaining seven (7) lots are occupied by short-term tenants, two
(2) of which, are motor homes and the other, a recreational vehicle. The property
is licensed with 45 mobile homes by the city's Occupational License office. The
existing density of the mobile home pari< is non-conforming because the property is
zoned R-3 with an underlying land use of lRC and HDR, both of which, would allow
for only 10.8 dwelling units per acre. The site is currently developed at 12.8
dwelling units per acre.
As indicated on the survey, several easements traverse the property in varying
locations. The most notable easements are located along the north and south
property lines where the presence of FP&l power lines run in an east-west
direction.
BACKGROUND
Proposal:
The applicant is proposing a new site plan for the construction of 30 townhouse
units and 40 multi-family (condominium) dwelling units. Approval of this project is
contingent upon the approval of the corresponding request for land use change
and rezoning (lUAR 05-004). Both townhouses and condominiums are permitted
uses in the IPUD zoning district. Under the Special High Density Residential
(SHDR) land use category, the maximum allowable density would allow a total of
70 dwelling units at a density of 20 dwelling units per acre. The site plan proposes
70 dwelling units and a project density of 20 dwelling units per acres (19.94 du /
ac). No phasing plan was submitted. However, staff understands that the entire
project would be built in one (1) phase starting with the condominium building.
Staff Report - Peninsula at Boynton Beach (NWSP 05-013)
Memorandum No PZ 05-091
Page 3
ANALYSIS
Concurrency:
Traffic: A traffic statement was sent to the Palm Beach County Traffic Division for
concurrency review in order to ensure an adequate level of service. The County
has determined that the proposed residential project is located within the
designated Coastal Residential Exception Areas of the county, and therefore meets
the Traffic Performance Standards of Palm Beach County. No building permits are
to be issued by the City, after the 2007 build-out date. The County traffic
concurrency approval is subject to the Project Aggregation Rules set forth in the
Traffic Performance Standards Ordinance.
Utilities: The planned purchase of up to 5 million gallons of potable water per day from Palm
Beach County Utilities would supply potable water for this project. Local piping and
infrastructure improvements may be required for the project, dependent upon the
final project configuration and fire-flow demands. These local improvements would
be the responsibility of the site developer. Sufficient sanitary sewer and
wastewater capacity is currently available to serve this project, subject to the
applicant making a firm reservation of capacity, following approval of the site plan.
Police I Fire: For the purposes of this study, a statistical analysis was completed to show the
percentage of increase in police calls to the project area. Response data for 2004
recorded 12,419 calls for service to Zone 1, which represents 18.2% of all calls for
service. An increase of 12% of total calls for service is projected from anticipated
growth citywide. The proposed project would further add to the demand for an
adequate level of public service to this area. The need for additional officers in
Zone 1 is evident by the high percentage of calls for service required of a single
officer. All zones area affected by new development and redevelopment projects
approved throughout the city. Police services have been impacted and the demand
for an additional police officer would be warranted to balance the increase in
demands.
Fire staff reviewed the site plan and determined that current staffing levels would
be sufficient to meet the expected demand for services.
Drainage: Conceptual drainage information was provided for the City's review. The
Engineering Division has found the conceptual information to be adequate and is
recommending that the review of specific drainage solutions be deferred until time
of permit review. All South Florida Water Management District permits and other
drainage related permits must be submitted at time of building permit (see Exhibit
"C" - Conditions of Approval).
School: The School District of Palm Beach County has reviewed the request and determined
that adequate capacity exists to accommodate the dwelling units.
Staff Report - Peninsula at Boynton Beach (NWSP 05-013)
Memorandum No PZ 05-091
Page 4
Driveways: The project proposes one main (1) point of ingress and one (1) main point of
egress. The point of ingress would be comprised of two (2) entrance lanes. Since
this would be a gated community, a circular driveway (that empties into the egress
lane) is proposed with 66 feet of vehicular queuing. This is proposed for safety
concerns should a visitor not be allowed access into the site. The driveway, drive
aisles, and turning radius, internal to the development, would be improved to
conform to current city engineering standards.
Parking Facility: Two (2) and three (3) bedroom dwelling units require two (2) parking spaces per
unit. The project proposes a mix of two (2) bedroom, three (3) bedroom, and four
(4) bedroom dwelling units for a total of 70 dwelling units. A recreation /
clubhouse area is also proposed, which would require an additional five (5) spaces.
Therefore, the project requires a total of 145 parking spaces based on the number
of units and the recreation amenity. The site plan proposes a total of 176 parking
spaces or an excess of 31 spaces.
The site plan and floor plans show that each townhouse unit would have a two (2)-
car garage. There is a difference however, In the number of parking spaces
provided between the two and three story townhouses. Each two (2)-story
townhouse unit would have driveways wide enough to accommodate two (2)
parked cars; no driveways are proposed for the three (3)-story units. Extra guest
parking for the three (3)-story units is proposed along the south and north property
lines in the 90-degree parking stalls. With regards to guest parking, the plan goes
above and beyond the minimum code requirements and fully meets the intent on
what staff envisioned when creating the IPUD ordinance. The ground floor of the
condominium building would have 63 understory parking stalls. The site plan also
would provide for an additional 22 outdoor spaces (near the condominium building).
This would provide the required parking for condominium building as well as the
five (5) spaces for the recreation facility.
According to the site plan, the 90-degree parking stalls would be dimensioned nine
(9) feet in width by 18 feet in length. The handicap parking spaces would be
dimensioned 12 feet in width (with an extra 5-feet of striping) and 18 feet in
length.
Landscaping:
According to the site plan tabular data (sheet AI), the proposed pervious area
would equal 0.819-acre or 23.3% of the site. The Plant Ust indicates that 87 of the
99 shade trees (88%) of the shade trees would be native while 93 of the 177 palm
trees (530ft?) would be native. Ukewise, 4,066 of the 7,750 or 53% of the shrubs /
groundcover plants would be native. This meets the requirements of Chapter 7.5,
Article II, Section 5.P of the Land Development Regulations.
The site plan (sheet AI) shows that the western landscape buffer (adjacent to U.S.
1) would vary in width but would be at least 17 feet at its narrowest point. The
project would be a gated community, with a combination of an opaque wall and
open-fence material proposed within the buffer. As proposed, It would be setback
approximately three (3) feet from the west (front) property line. The perimeter
plantings proposed between the wall / fence and the property line would include a
Staff Report - Peninsula at Boynton Beach (NWSP 05-013)
Memorandum No PZ 05-091
Page 5
row of Redtip Cocoplum hedges and Geiger trees. However, staff recommends
increasing the setback of the fence / wall from three (3) feet to seven (7) feet in
order to accommodate additional shrubs and groundcover along the sidewalk (see
Exhibit 'c" - Conditions of Approval). Four (4) Foxtail palm trees and clusters of
various groundcover plants are proposed on the street side of the wall (underneath
the subdivision sign). Staff recommends that these four (4) foxtail palm trees be
installed at a minimum of 16 feet in height to provide for a more substantial
entranceway (see Exhibit "c" - Conditions of Approval). The plant material
proposed east of the wall but west of the two (2) story townhouse building include
Cabbage palm, Redtip Cocoplum hedges, Florida Gamagrass, and Evergreen Giant
groundcover. Again, staff recommends increasing the height of the Cabbage palm
trees from 12 feet to 18 feet at the time of installation. The development's front
entrance would be heavily landscaped with an array of trees, hedges, and
groundcover.
Adjacent to the developed commercial property to the north, the width of the
proposed north side landscape buffer would vary, between six (6) feet at its
narrowest point and 10 feet - six (6) inches at its widest point. As previously
mentioned, a six (6) foot wide FP&L easement runs along the entire north property
line (within the buffer). The landscape plans propose a row of Gieger trees and
Redtip Cocoplum hedges. The types of trees and shrubs that can occur within this
buffer are limited and must comply with Florida Power & Light's (FP&L's) RightTree
- Right Place publication. According to the applicant, all trees would be in
compliance with the publication. A six (6) foot tall wall is proposed within this
buffer as well. It would be located approximately 10 inches from the property line.
The width of the rear (east) landscape buffer, adjacent to the Intracoastal
Waterway, would vary but would be approximately five (5) at its narrowest point.
The function of the landscape material is not to "buffer" against the waterway but
rather to provide for a more tropical environment at the pool and sundeck areas.
The plant material would include the following: Geiger Tree, Cabbage palm,
Alexander palm, Redtip Cocoplum, Wild Coffee, and Hairgrass.
Adjacent to the vacant residential property to the south, the width of the south side
landscape buffer would be four (4) feet - eight (8) inches at its narrowest point. An
FP&L easement also extends along the south property line. The plant material
proposed within this buffer would include the following: Geiger tree, Silver
Buttonwood, Southern Red Cedar, Foxtail palm, Thatch palm, Redtip Cocoplum,
Wild Coffee, Variegated Arboricola, Boston Fern, and Dwarf Arboricola. Similar to
the north landscape buffer, a wall, six (6) feet in height would run along the south
property line as well. The developer states that the landscape buffers and height
of wall along the northern and in particular, the southern landscape buffer should
mitigate any potential glare from vehicle headlights. Staff concurs.
Cross-section "A", "B", and "c" (sheet LP6), illustrates the configuration of the
landscape buffers, parking lot, landscape material, and buildings. It shows the
heights of the condominium building, current marina building, and the townhouse
buildings. The dimensions were excluded from the plan. Originally, staff had
Staff Report - Peninsula at Boynton Beach (NWSP 05-013)
Memorandum No PZ 05-091
Page 6
concerns regarding the buffer widths, plant type, and quantity. Similar to the
Seaview Park Club project, the central focus for this project was to mitigate any
. potential impact on surrounding properties. The property to the north has already
been developed with boat storage as a commercial marina. The proposed project
would not impact the property to the north; rather, if anything, the property to the
north would negatively impact the subject project. However, the south landscape
buffer is important to the compliance of this project with regards to design and
compatibility requirements and standards of the IPUD zoning district. The subject
property abuts residentially-zoned property, albeit it is vacant and multiple-family
zoning. Staff recommends that the plant material proposed within the south
landscape buffer be installed in such a way as to provide immediate buffering. This
can be accomplished by installing all proposed trees at their maximum height
(within their specified range of heights) without jeopardizing the visual buffering of
lower-to-mid-Ievel screening above the wall and inserting additional palm trees
within the south landscape buffer in areas where tip-to-tip spacing is not entirely
accomplished (see Exhibit "c" - Conditions of Approval).
Building and Site: As previously mentioned, the applicant is requesting to rezone the property to the
IPUD zoning district with a density of 20 dwelling units per acre. The maximum
density allowed by the Special High Density Residential land use classification is 20
dwelling units per acre. The 70 units are proposed within seven (7) separate
buildings on the 3.51-acre site. According to the floor plans, each townhouse
building would have five (5) units. Each unit proposed within the two (2) story
townhouse buildings (Buildings 100 and 200) would have 3-bedrooms and private
backyards that would be large enough to accommodate a small-sized swimming
pool. The number of bedrooms proposed within each three (3)-story townhouse
building (Buildings 300 through 600) would range between two (2) bedrooms and
four (4) bedrooms. Finally, the condominium building would have a mix of two (2)
and three (3) bedroom units.
The IPUD zoning district allows a maximum building height of 45 feet and up to
four (4) stories tall. However, a lesser building height could be imposed if
compatibility with the adjacent properties would be in jeopardy. The project
proposes seven (7) separate buildings of varying heights. The elevations (sheet
A4) of the two (2)-story townhouse building show that the midpoint of the pitched
roof would be 29 feet - 11 inches in height. The elevations of the three (3)-story
townhouse buildings (sheet A6) show that the midpoint of the pitched roof would
be 38 feet - four (4) inches in height. Rnally, the top of the roof of the
condominium building would be 45 feet in height. The parapet wall (for the flat
portion of the roof) would be 50 feet In height. As previously mentioned, the
abutting property directly to the north is not located within city limits. Its zoning
(Town of Hypoluxo - Commercial Marine) allows for a maximum building height of
35 feet. This difference In maximum bufldlng heights between the subject project
and the existing marina building Is not significant. This position is justified for
several reasons. Rrst, the subject project Is a redevelopment project that would
enhance the overall area from its current state (mobile homes) to luxury dwellfng
units. Generally, zoning codes are created to protect residential uses from
commercial uses, not visa-versa. The Cross-Section "B" as Illustrated on sheet LP6,
Staff Report - Peninsula at Boynton Beach (NWSP 05-013)
Memorandum No PZ 05-091
Page 7
shows that the three (3)-story townhouse buildings are proposed immediately
opposite to the adjacent marina building. Both would be roughly the same height
so therefore, the location of the three (3)-story townhouses would serve as an
appropriate transition for the subject development. As previously mentioned, the
property to the south is residentially-zoned but currently vacant. Its maximum
building height (under the R-3 zoning code) could be 45 feet. However, it should
be noted that the subject property extends eastward (into the Intracoastal
Waterway) more so than the abutting property to the south. The proposed four
(4)-story condominium building would be located on the eastern portion of the
subject property. With this location, while it would block northwestern views from
future units proposed on the abutting property to the south, It would be situated to
maximize distance from those future units. Conversely, the two (2) and three (3)-
story buildings are proposed in the central portion of the subject property that
would abut the property to south (where a 45-foot tall building may be constructed
under the current R-3 regulations). If anything, the vacant property to the south
could have more of an impact on the subject property (If built-out at 45 feet) than
the subject property negatively impacting the property to the south. The only
differences between the two properties are the minimum required building
setbacks; maximum building heights would be similar.
The IPUD zoning district contains no specific minimum building setback
requirements other than mirroring the setbacks of adjacent zoning districts. The
required building setbacks important to this project would be the building setbacks
along the north and south property lines. The property to the north has a
minimum required side setback of 15 feet. The existing building is therefore non-
conforming and is not the problem for the current developer. The site plan shows
that the two (2) story townhouse buildings would be located 24 feet from the north
property line. The three (3) story townhouse buildings, proposed closest to the
existing marina building, would be located 10 feet - six (6) inches from the north
property line. Rnally, the four (4)-story condominium building would be located 20
feet - two (2) inches from the north property line.
The required setbacks for the R-3 zoning district to the south that are germane to
this project are as follows: Side - 20 feet and Rear - 40 feet. This project
proposes varying south (side) setbacks that range between 20 feet - two (2)
inches (for the condominium building) and 78 feet - eight (8) inches (for the
townhouse buildings). It should be noted that the three (3) story townhouse
buildings would be located 38 feet from the south property line. The balconies
proposed on the south building fa~de would extend southward by three (3) feet
but the edge of the balcony would still be 35 feet from the side (south) property
line. The rear (east) setback would be 20 feet and the front (west) setback would
be 40 feet. In conclusion, all proposed building setbacks would be consistent with
the existing setbacks within the surrounding neighborhoods and meet the intent of
the IPUD zoning district setback.
Outdoor patios and swimming pools are proposed on the north building facades of
the two (2) story townhouse buildings. Several notes on the site plan (sheet A2)
indicate the proposed setbacks for swimming pools and screened enclosures.
Staff Report - Peninsula at Boynton Beach (NWSP 05-013)
Memorandum No PZ 05-091
Page 8
Generally, swimming pools would be setback six (6) feet and screened-enclosures
would be setback seven (7) feet from the north property line. The recreation area
would be located at the eastern portion of the development overlooking the
Intracoastal Waterway. It would include a 1,285 square foot cabana building and a
swimming pool. The elevation (sheet A12) of the one (1 )-story clubhouse does not
indicate the dimension at the peak of the roof but shows that the mean roof height
would be 13 feet in height and the deckline would be 10 feet - nine (9) inches.
This clubhouse building would be located 10 feet - two (2) inches from the north
property line.
As previously mentioned, a decorative wall I fence is proposed along the west
property line. It would be six (6) feet tall with decorative caps proposed at six (6)
feet - eight (8) inches in height. A majority of the wall would be painted Popcorn
White while the open fenced portion would be metal painted black. A fountain is
proposed on the street (west) side of the wall. It would serve as an aesthetically
pleasing entrance feature in combination with the project's proposed signage.
Design:
The design of the proposed buildings I clubhouse resemble a mixture between a
Spanish-Mediterranean style with its smooth stucco finish and S-tile roof and a
modern design with its decorative green Metropolis shutters, decorative railings,
multi-color awnings, and pre-cast decorative columns and accents. The exterior
walls of the buildings would be multi-colored consisting of the following ICI Dulux
paints: dark brown (Bridge Lodge - 176), brown (Sun Valley - 183), yellow
(Coneflower - 39), light yellow (Taffy Pull- 39), and cream (Popcorn White - 10).
The plans propose two (2) different types of lighting fixtures. The detail (sheet
LP6) shows that the light poles would be either 12 feet or 16 feet in height. The
photometric plan indicates that minimal or no light would "spill over" from the
subject property to the abutting properties.
As part of the IPUD ordinance, internal sidewalks and pedestrian connects are to
be maintained throughout the development. The site plan does not show a
sidewalk that leads in front (south) of the two (2) story townhouse buildings.
Likewise, there would be no pedestrian connection to the sidewalk within the U.S. 1
right-of-way. However, the applicant has designed several sketches (that have not
been included within this packet) that could demonstrate compliance with this
requirement. Therefore, at the time of permitting, the applicant shall incorporate a
sidewalk into the design that would lead pedestrians from the townhouses to the
sidewalk that exists within the Federal Highway right-of-way (see Exhibit "c" _
Conditions of Approval).
The site plan proposes several gazebos I pavillions throughout the development.
This is a positive amenity that the residents would enjoy. Their presence
throughout the development would only increase the quality of the project and is
fully endorsed by staff. The gazebo would be 16 feet - eight (8) inches in height
while the pavilion would be 30 feet in height. The details of both are shown on
sheet A3. They would be the same colors of the buildings.
Staff Report - Peninsula at Boynton Beach (NWSP 05-013)
Memorandum No PZ 05-091
Page 9
Signage:
The Entry Wall Elevation (sheet A1) shows that a sign would be located on the wall
near the front entrance on u.s. 1. The site plan indicates that the sign portion of
the wall would be setback 10 feet from the front (west) property line. The
Elevation shows the wall / sign structure would be six (6) feet in height and 32
square feet in area. The sign would have black granite back-tile with brass letters
and a brass compass symbol. The site address must be added to the sign (see
Exhibit "c" - Conditions of Approval).
RECOMMENDATION:
Staff reviewed this project for compatibility between it and the adjacent properties. Factors considered in
determining compatibility included the following: land use, density, height, dwelling type, style, activity,
and performance. Staff reviewed these characteristics against the intent of the IPUD zoning regulations
taking into account the built environment of adjacent properties and development characteristics within
the coastal areas. Staff has reviewed this request for new site plan approval, and based on the analysis
contained herein, is recommending approval of the site plan, contingent upon the successful request for
land use amendment / rezoning (LUAR 05-004) and subject to satisfying all comments indicated in Exhibit
"C" - Conditions of Approval. Any additional conditions recommended by the Board or City Commission
shall be documented accordingly in the Conditions of Approval.
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EXHIBIT "C"
Conditions of Approval
Project name: Peninsula
File number: NWSP 05-013
Reference: 2nd review plans identified as a New Site Plan with a May 17, 2005 Planning and Zoning
Department date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments:
1. On the Site and Civil plans, show and identify all necessary traffic control X
devices such as stop bars, stop signs, double yellow lane separators striping,
directional arrows and "Do Not Enter" signage, etc. See City Standard
Drawings "K" Series for striping details.
ENGINEERING DIVISION
Comments:
1. Provide written and graphic scales on all sheets. The scale should match X
between all sheets depicting the site (LDR, Chapter 4, Section 7.B.l, 7.C.l,
and 7.F.1.)
2. Complete Drainage plans, including drainage calculations, in accordance with X
the LDR, Chapter 6, Article IV, Section 5 will be required at the time of
permitting.
3. Paving, Drainage and Site details will not be reviewed for construction X
acceptability at this time. All engineering construction details shall be in
accordance with the applicable City of Boynton Beach Standard Drawings
and the "Engineering Design Handbook and Construction Standards"
and will be reviewed at the time of construction permit application.
UTILITIES
Comments:
4. The applicant will be required to evaluate area systems to determine if X
sufficient capacity for both utility service systems is available for this project,
prior to receiving any conceptual approval by the Utilities Department for this
submittal.
5. Palm Beach County Health Department permits will be required for the water X
and sewer systems serving this proiect (CODE, Section 26-12).
COA
06/08/05
2
I H
DEPARTMENTS INCLUDE REJECT
6. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X
for this project either upon the request for the Department's signature on the
Health Department application forms or within seven (7) days of site plan
approval, whichever occurs first. This fee will be determined based upon
final meter size, or expected demand.
7. Comprehensive Plan Policy 3.C.3.4. requires the conservation of potable X
water. However due to the proximity of this project to the Intracoastal
Waterway potable water may be allowed for irrigation.
8. A building permit for this project shall not be issued until this Department has X
approved the plans for the water and/or sewer improvements required to
service this project, in accordance with the CODE, Section 26-15.
FIRE
Comments:
9. All entrance gates subject to locking shall have a knox lock system that will X
override any gate codes. All entrance gates and roads shall be a minimum of
20' feet wide if two way traffic and 12 feet wide if they are one wav.
10. The construction site road shall be compacted to withstand 32 tons prior to X
going vertical in any portion of the project. The roads shall be maintained
free of building equipment and debris at all times. Failure to do so will result
in the site being closed until the situation is corrected.
11. All required fire hydrants, standpipes or sprinkler systems shall be in place X
before going vertical. Vertical construction shall be protected by standpipes
and sprinkler svstems to one floor below the highest level of construction.
12. Any building, no matter what its use, that exceeds 30 feet shall be fitted with X
an approved automatic fire sprinkler system.
13. The angle of the entrance and the stability of the roads will be tested by Fire X
Department vehicles. If they cannot negotiate the entrance or become stuck,
the project will be shut down until the situation is rectified. These inspections
occur throughout the time of construction. Any towing expenses or vehicle
damage expenses due to the failure of the ground will be passed on to the
contractor.
POLICE
Comments: None X
BUILDING DIVISION
COA
06/08/05
3
DEPARTMENTS
INCLUDE REJECT
Comments:
14. Place a note on the elevation view drawings indicating that the exterior wall X
openings and exterior wall construction comply with 2001 FBC, Table 600.
Submit calculations that clearly reflect the percentage of protected and
unprotected wall openings permitted per 2001 FBC, Table 600.
15. Every exterior wall within 15 feet of a property line shall be equipped with X
approved opening protectives per 2001 FBC, Section 705.1.1.2.
16. Buildings three-stories or higher shall be equipped with an automatic X
sprinkler system per F.S. 553.895. Fire protection plans and hydraulic
calculations shall be included with the building plans at the time of permit
application.
17. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
18. Add a labeled symbol to the site plan drawing that identifies the location of X
the handicap accessible parking spaces. The quantity of the spaces shall be
consistent with the regulations specified in the 2001 FBC. The accessible
parking spaces that serve a use shall be located on the shortest safety
accessible route of travel from adjacent parking to an accessible entrance. The
2001 FBC states that buildings with multiple accessible entrances shall have
accessible parking spaces dispersed and located closest to the accessible
entrance. 2001 FBC, Sections 11-4.1.2(5),4.3, and 4.6.
19. At the time of permit review, submit details of reinforcement of walls for the X
future installation of grab bars as required by the Federal Fair Housing Act
Title 24 CFR, Part 100.205, Section 3, Requirement #6. All bathrooms within
the covered dwelling unit shall comply.
20. To properly determine the impact fees that will be assessed for the one-story X
pool/clubhouse/recreation building, provide the following:
a.Will the pool/clubhouse/recreation building be restricted to the residents of
the entire project only?
b. Will the residents have to cross any major roads or thoroughfares to get to
the pool/clubhouse/recreation building?
c. Will there be any additional deliveries to the site?
d. Will there be any additional employees to maintain and provide service to
the site?
Please have the applicant provide the City with a copy of the letter that will be
sent to the impact fee coordinator. To allow for an efficient permit
review, the applicant should request that the County send the City a copy
of their determination of what impact fees are required for the
pool/clubhouse/recreation building.
COA
06/08/05
4
I ft
DEPARTMENTS INCLUDE REJECT
21. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X
not, therefore, be used for landscape irrigation where other sources are readily
available.
22. A water-use permit from SFWMD is required for an irrigation system that X
utilizes water from a well or body of water as its source. A copy of the permit
shall be submitted at the time of permit application, F.S. 373.216.
23. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the following information shall be
provided at the time of building permit application:
a. The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
b. If the project is a multi-family project, the building numbers must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
c. The number of dwelling units in each building.
d. The number of bedrooms in each dwelling unit.
e. The total amount paid and itemized into how much is for water and how
much is for sewer.
(CBBCO, Chapter 26, Article II, Sections 26-34)
24. At time of permit review, submit separate surveys of each lot, parcel or tract. X
For purposes of setting up property and ownership in the City computer,
provide a copy of the recorded deed for each lot, parcel or tract. The recorded
deed shall be submitted at time of permit review.
25. At time of building permit application, submit verification that the City of X
Boynton Beach Parks and Recreation Impact Fee requirements have been
satisfied by a paid fee or conveyance of property. The following information
shall be provided:
a. A legal description ofthe land.
b. The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
c. If the project is a multi-family project, the building numbers must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
d. The number of dwelling units in each building.
e. The total amount being paid.
(CBBCO, Chapter 1, Article V, Section 3(f))
26. Pursuant to approval by the City Commission and all other outside agencies, X
the plans for this project must be submitted to the Building Division for
review at the time of permit application submittal. The plans must incorporate
all the conditions of approval as listed in the development order and approved
COA
06/08/05
5
DEPARTMENTS INCLUDE REJECT
by the City Commission.
27. The full address of the project shall be submitted with the construction X
documents at the time of permit application submittal. If the project is multi-
family, then all addresses for the particular building type shall be submitted.
The name of the project as it appears on the Development Order must be
noted on the building permit application at the time of application submittal
28. Building #7 meets the definition of a threshold building per F.S. 553.71(7) X
and shall comply with the requirements of F.s. 553.79 and the CBBA to the
2001 FBC, Sections 105.3.1 through 105.3.6.
The following information must be submitted at the time of permit
application:
a. The structural inspection plan must be submitted to the enforcing agency
prior to the issuance of a building permit for the construction of a
threshold building.
b. All shoring and re-shoring procedures, plans and details shall be
submitted.
c. All plans for the building that are required to be signed and sealed by the
architect or engineers of record shall contain a statement that, to the best
of the architect's or engineer's knowledge, the plans and specifications
comply with the applicable fire safety standards as determined by the
local authority in accordance with this section and F.S. Section 633.
29. Clearly show the distance between the buildings. X
PARKS AND RECREATION
Comments:
30. Impact fee calculation as follows: X
30 townhouses @ $771.00 each = $23,130.00
40 condominiums @ 656.00 each = 26,240.00
Total $49,370.00
The fee is due prior to the issuance of the first applicable permit.
FORESTER/ENVIRONMENT ALIST
Comments:
31. Boundary Survey sheet Existing Trees Management Plan X
The Landscape Architect should indicate and tabulate the total number of
existing trees on the site. The tabular data should show the individual
COA
06/08/05
6
I II
DEPARTMENTS INCLUDE REJECT
species of trees proposed to remain in place, be relocated throughout the site,
or removed / replaced on site. All desirable species of existing trees must be
relocated rather than removed if the trees are in good health. These trees
should be shown by a separate symbol on the landscape plan sheet
LP5Environmental Regulations, Chapter 7.5, Article I Sec. 7.D.p. 2.]
32. The applicant should add a note indicating that all utility boxes or structures X
(not currently known or shown on the plan) should be screened with Coco
plum hedge plants on three sides.
33. Irrigation Plan-No Irrigation plan included in the submittal X
The irrigation system design (not included in the plans) should be low volume
water conservation using non-portable water.
34. Turf and landscape (bedding plants) areas should be designed on separate X
zones and time duration for water conservation.
35. Trees should have separate irrigation bubblers to provide water directly to the X
root ball. [Environmental Regulations Chap. 7.5 Art.llSec.5.C.2.1
PLANNING AND ZONING
Comments:
36. Approval of this site plan is contingent upon the accompanying request for X
land use / rezoning application (LUAR 05-004). Include a note regarding
LUAR 05-004 on the overall site plan tabular data (sheet AI).
37. The Palm Beach County Traffic Division determined that the proposed X
residential project is located in the county designated Coastal Residential
Exception areas, and therefore meets the traffic performance standards of
Palm Beach County. No building permits are to be issued by the City, after
the build-out date (2007) unless the traffic statement is updated and
subsequently approved by the Traffic Division.
38. All new docks would require approval from the u.s. Army Corps of X
Engineers. If an IPUD is located with frontage on the Intracoastal Waterway,
conditions of approval shall include a deed restriction requiring that any
marina or dockage built will not exceed in width, the boundaries of the
project's actual frontage on the water, regardless of what any other governing
or permitting entity may allow or permit (Chapter 2, Section 5.L.4.g.(3)).
39. Include a color rendering of all elevations at the Community Redevelopment X
Agency Board meeting scheduled for June 9, 2005. at the Technical Review
Committee meeting (Chapter 4, Section 7.D.). This will be on display at the
public meeting.
COA
06/08/05
7
DEPARTMENTS INCLUDE REJECT
40. On the landscape plan, ensure that the plant quantities match between the X
tabular data and the graphic illustration.
41. The trees proposed around the townhouse and condominium buildings must X
be installed at Y2 the building height of the building (Chapter 7.5, Article II,
Section S.M.).
42. At the time of permitting, provide proof of title to all lands proposed to be X
developed as part of this submittal.
43. At the time of permitting, incorporate a sidewalk into the design that would X
lead pedestrians from the townhouses to the sidewalk that exists within the
Federal Highway right-of-way.
44. Staff recommends increasing the setback of the wall / fence, proposed along X
the west property line, from three (3) feet to seven (7) feet in order to
accommodate additional shrubs and groundcover. Staff also recommends
increasing the height (from 12 feet to 16 feet) of the four (4) Foxtail palm
trees proposed at the front entrance. Finally, staff recommends increasing the
height of the three (3) Cabbage palm trees proposed just west of the
westernmost townhouse building, from 12 feet to 18 feet in height at the time
of installation.
45. Staff recommends that the plant material proposed within the south landscape X
buffer be installed in such a way as to provide immediate buffering. This can
be accomplished by installing all proposed trees at their maximum height
(within their specified range of heights) without jeopardizing the visual
buffering of lower-to-mid-level screening above the wall and inserting
additional palm trees within the south landscape buffer in areas where tip-to-
tip spacing is not entirely accomplished.
46. The site address is required on the sign. X
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY
COMMENTS:
Comments:
47. None X
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
48. To be determined.
MWR/elj
S:\Planning\SHARED\WP\PROJECTS\Peninsula @ Boynton Beach\NWSP 05-013\COA.doc
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 6, 2005
Ed Breese, Principal Planner, presented the case as described. This property is immediately north of
SE 5th Avenue and is situated between a small parcel on the east owned by Mr. Ploen and the FEC
on the west. The segment immediately north of this on Railroad Avenue was abandoned by
Resolution in October of 1994. When a right-of-way is requested for abandonment, the City
transfers ownership to the abutting property owners. In this case, that would be FEC on the west
and Mr. Ploen on the east. Fifteen feet would go to each of the parties at no cost.
The applicant was required to contact all utility departments. BellSouth is the only one with a buried
cable within the right-of-way. BellSouth does not object to the abandonment, but wants to ensure
that an easement is conveyed that will cover that utility. Staff has determined that the right-of-way
does not serve a public purpose and recommends abandonment with the conditions noted in Exhibit
"CIf. Those conditions include the provision of an easement for the BellSouth utility.
Ms. Horenburger asked about the remainder of the property to the north and south. Mr. Breese
advised that the northern portion has been abandoned to the property owners and SE 5th is on the
south.
Mr. DeMarco announced the public hearing.
Dave Noble of Saleflsh Realty, Inc., represented Mr. Ploen and offered to answer questions
from the board.
Motion
Mr. Barretta moved to approve. Mr. Fenton seconded the motion that carried unanimously.
Land Use Plan Amendment/Rezoning
1.
Project:
Agent:
Owner:
Location:
Description:
New Site Plan
1.
Project:
Agent:
Owner:
Location:
Description:
Peninsula at Boynton Beach (LUAR 05-004)
Kim Glas-Castro, Bonnie Miskel, Ruden McClosky
Jennie A. Smith
East side of US 1, approximately 1,600 feet north of
Gateway Boulevard (2649 North Federal Highway)
Request to amend the Comprehensive Plan Future Land Use
Map from Local Retail Commercial and High Density
Residential to Special High Density Residential; and
Request to rezone from C-3 Community Commercial District
and R-3 Multiple-family Dwelling District to IPUD Infill
Planned Unit Development
Peninsula at Boynton Beach (NWSP 05-013)
Kim Glas-Castro, Bonnie Miskel, Ruden McClosky
Jennie A. Smith
East side of US 1, approximately 1,600 feet north of
Gateway Boulevard (2649 North Federal Highway)
Request for New Site Plan approval to construct 30 town
homes and 40 condominium units on a 3.51-acre parcel.
9
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 6, 2005
Attorney Spillias commented on ex parte disclosures by members of the Board, advising that Items B
& C, Land Use Plan Amendment/Rezoning and New Site Plan could be considered together for this
purpose.
The members disclosed their ex parte contacts with Ms. Miskel and the applicant as follows: Mr.
Fenton spoke with Ms. Miskel in his office between the last meeting he attended and this one. Chair
Heavilin met with Ms. Miskel and the applicant two months previously. Ms. Horenburger and Mr.
Barretta also met Ms. Miskel and the applicant in their respective offices recently.
Attorney Spillias reviewed the newly instituted procedures for quasi-judicial hearings. After all the
witnesses are sworn and people make their appearances, City staff members will present a summary
of the issues before the Board and testify as to their opinions and make recommendations. The
Staff presentations should not exceed fifteen minutes in length. The applicant will then make their
case and the interveners would make their case and the members of the public would offer their
comments, limited to three minutes each, and then rebuttals, by the intervener, the applicant, and
the staff. At that time the CRA will go into basically executive session and discuss the matter. CRA
members can ask questions at anytime during anybody's presentation. If there is an extensive
amount of interplay because of those questions at the discretion of the Chair, time limits can be
extended, but they will try to stick to them as closely as possible.
Attorney Spillias swore in all those who wished to offer testimony or discussion on the Peninsula at
Boynton Beach agenda items.
Chair Heavilin asked whether the Board could consider Items Band C for the Pensinula at one time,
giving separate motions for each. Attorney Spillias indicated that this would be appropriate.
Eric Johnson, Planner, presented the staff summary of the Land Use Plan Amendment/Rezoning and
advised that staff recommended approval of the request. The property is located in the
redevelopment area, Study Area No.1, and is eligible for the density, the land use, and the zoning
district. The project would not create any additional impacts on infrastructure that had not been
anticipated in the Comprehensive Plan; the proposed Site Plan was consistent with the intent and
requirements of the IPUD regulations and meets the requirements for compatibility with the
adjacent properties based on the proposed uses, landscape buffers and setbacks; and the proposed
project will have a positive impact on values of adjacent properties and will contribute to the overall
development of the City. Staff reviewed the Land use Amendment and Rezoning based on the eight
required criteria and Peninsula at Boynton Beach demonstrates compliance with all such criteria.
There is one condition of approval with the rezoning request in Exhibit B, Conditions of Approval.
Mr. Johnson then reviewed the New Site Plan request and advised that staff recommended approval
of the request, with 46 Conditions of Approval, some of which had already been met. In his
summary, Mr. Johnson related that the subject property was 3.51 acres in size and is developed as
the Lake City Trailer Park. The applicant was required to submit a relocation study and the study
indicated that there were 45 mobile home lots or spaces but only 32 of them were occupied with
units, 25 of which were leased to long-term tenants. The proposed density would be 19.94 dujacre.
Staff reviewed the project for concurrency and found that it met all concurrency requirements in the
City, the County, and any other applicable agency. The Site Plan meets the minimum standards and
exceeds the Code requirements in terms of the parking facility, the landscaping, the buffering, and
the setbacks.
10
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 6, 2005
Mr. Johnson showed a rendering of the Site Plan to the public so they would be able to see where
the buildings would be located. There were seven buildings in all and ample buffering. The Board
members had seen the landscape plans and configuration of the lot.
Mr. Barretta questioned the parking spaces numbered 22, 28, 29, 32, and 33, saying that they did
not have the required 24 feet of back-up distance. The applicant responded that this might be an
oversight and if it were a problem, those spaces would be eliminated. Mr. DeMarco stated that this
had been one of his concerns also.
Chair Heavilin asked if the applicant was in agreement with all the Conditions of Approval.
Ms. Bonnie Miskel, appearing on behalf of the contract purchaser, stated that the applicant
was in agreement with all of the conditions.
In response to the concern about the parking spaces, Ms. Miskel stated that these spaces were all
surplus and could be removed. They would be happy to make adjustments to the islands. They
would work with staff to accommodate the Board's desires on this item.
Ms. Miskel related a congenial conversation with the owner of the Lake City Trailer Park who had
stated that they had a good run and it was time for a change. This project is consistent with the
City's Comprehensive Plan and the CRA goals and objectives as shown in the study performed
previously. Ms. Miskel reiterated the high points of the design, commenting on the creative and
flexible use of space in the IPUD. The buildings were oriented east and west and north and south.
The size of the buildings would be mixed also with two and three story town homes and a four-story
condominium building. Views of the water were maximized in all of the buildings. The landscaping
for the entire project is lush and extensive. The applicant did not object to staff's request to increase
the height of the trees. In summary, Ms. Miskel stated that these were luxury units and the starting
price would be in the $400K range.
I. Board Questions/Comments
Mr. Myott asked the architect to elaborate on the railings for the balconies.
Jay Colestock of Colestock and Muir Architects responded that the railing was an open picket
rail and the solid line indicates the handrail.
Mr. Myott questioned whether the trim was made of foam or cast stone. Mr. Colestock stated it
would probably be foam with high-resin on the outside. It would have the appearance of the pecky
cypress outriggers with stone crown molding and stone trim around the windows.
Mr. Myott asked that staff give more architectural details on the materials in the future.
Mr. DeMarco asked about the foam and whether it was stable in hurricane conditions. Mr. Colestock
said he had never seen it blow off in a hurricane and it was attached with very thick mastic. The
high-density resin on the outside of the foam was almost impenetrable. Ms. Horenburger confirmed
that the foam met the requirements of the South Florida Building Code.
Mr. Fenton asked Ms. Miskel to outline the applicant's plans to provide for relocating the residents of
the existing Lake City Trailer Park.
11
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 6, 2005
Ms. Miskel stated that in accordance with Chapter 723, notice was given earlier this year when they
filed their original application. A meeting had been held, and a relocation package was presented to
the residents who attended. Less than twelve residents attended, although some were out of town
and neighbors picked up packages for them. Under Chapter 723, the owner either contributes to
the Mobile Home Trust Fund or makes arrangements directly with the mobile home owners. An
offer has been made to the mobile home owners that nearly doubles the maximum value associated
with the relocation of a singlewide mobile home (representing 90% of the mobile homes on this
property). The applicant has agreed to extend the offer to recreational vehicles, which are not
entitled to any compensation under State Statute. They believe that their offer was very fair. The
meeting was positive and those with concerns wish to resolve them as quickly as possible. Under
State Statute, the applicant is required to provide six months notice to vacate. That notice has not
been given and the applicant did not intend to give it until September. A program was set up where
the applicant was meeting with the mobile homeowners individually in order to assess their wants
and needs. The package given to the residents include all the vacancies in other mobile home parks
in the area. Some people may elect to look for more permanent housing and a specialist has been
made available to them to help identify this when possible. They are doing their best to
accommodate all the needs and wants of the residents.
Chair Heavilin opened the floor for the Public Hearing.
Chris Ciasulli, resident of Boynton Beach, owner of Gateway Marina, and former mobile
home park owner, stated that the "doubled value" spoken of by Ms. Miskel earlier was actually about
$6,000 per owner.
His family has owned this marina for 18 years and it houses over 2000 boats. Although the
applicant's attorney referred to the marina as a "less than acceptable" use, there are many people in
the community who use and enjoy it. He planned to keep the marina for a long time. He spoke of
plans to expand, more than doubling his docks, which were in a zero-lot-line relationship to the
proposed development. This would be over 500 feet from the seawall where his longest pier now
was approximately 200 feet. His permit was under review by the Department of Environmental
Protection and it appeared that it would be approved in September of 2005. One of the Peninsula
buildings would directly overlook his docks. He wanted to be able to conduct his business in the
same way as had been done for the last 18 years. The Marina has several customers with cigarette
boats that pull up to the dock at 10:00 p.m. at night after going to the Banana Boat. There is
normal marina activity including sword fisherman who return at 4:00 - 5:00 a.m. in the morning,
unload their belongings, flush their engines, and do typical marina activity. The noise from these
activities was even less than that of the fork lift trucks, back-up alarms, and other activity in the
marina. He felt that a disclosure to the effect that the proposed housing units were next to a
commercial business where normal marine activity would take place would be needed. The marina is
open to the public 24 hours a day, seven days a week, and he did not want the public to lose that.
Although the marina had cohabited successfully with the trailer park and the Lakeshore
condominiums during their ownership, and the marina driveway separates the massive storage
building from Lakeshore, there was no such buffer to the south. The marina storage building is built
on a zero lot line. He also spoke of an existing gutter that went down towards the trailer park into a
drainage pipe. He was desirous of maintaining this drainage system (of undetermined ownership)
for his 30K square foot roof.
Mr. Ciasulli felt that allowing 20 units per acre in the proposed development would create very
narrow parking spots. He did not agree that the propo~ property was "terrible for commercial
12
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 6, 2005
use" (referring to a comment by Ms. Miskel earlier), and he would love to have it. The setback
would be more on the south side than it would be on the marina side.
Tony Morrow, 2611 Lake Drive, Boynton Beach, lives just to the south of the proposed
project. He represented himself and many other community members who were concerned about
the size of a building that would stick out over the peninsula. They felt that the proposed structure
was considerably larger than the size of a normal home and in terms of impact to the current
neighbors; it would be as if the proposed structure were a thousand times larger than a normal
home. When he and his neighbors look to the north now, instead of seeing the bay, they will see a
huge building. They were not opposed to the townhouses or development. If the proposed
development had two-story structures or town homes, there would be much less opposition. He
praised the City for its recent development of the City. This, however, was an example of a
development that totally changed the feel of the area in a negative way. It was just "too much."
Ms. Horenburger asked what kind of height was permitted in this area under existing zoning and Mr.
Johnson responded that the two zoning districts represented at this property both allowed a
maximum height of 45 feet. Mr. Johnson agreed that approving this change would not dramatically
change what was currently allowed.
Howard Lawson, a resident of Palm Beach County for sixty years and manager of the Gateway
Marina, stated that he wanted to see the marina stay for a long time. It was one of the few places
where large boats could be hauled out. He referred to the Morrell Marina to the north that had a
large housing development alongside it. At that marina there was noise from sanding, grinding, and
fiberglass work and the Gateway Marina would be quiet compared to that. There are Boynton Beach
residents who have boats at Gateway Marina at this time.
Mr. Myott confirmed that the Gateway Marina was outside the city limits of Boynton Beach and that
the City had no jurisdiction over that marina and could not tell them to be quiet.
The owner of Gateway Marina mentioned that the occupants of the trailer park had complained to
the Town of Hypoluxo about the noise from the marina and he had been written up with no proof
from the Police that a noise violation had actually taken place.
Jane Miller, a neighbor of Mr. Morrow and resident of Lake Drive, Boynton Beach, spoke
as a long-time resident of Boynton Beach. She recalled when Boynton was a nice, quiet fishing
community. It was no longer that. Their Lakeside Gardens community was small and consisted of
single-family homes. They could accept development, but changing their view from a single story
house to that of a five-story condominium, with people looking down on their little quiet bay, would
completely take away from the character of their community. She wanted to voice her objection to
the proposed height, even if she could not stop it.
Ms. Horenburger stated that this area had been zoned for a forty-five feet height for a long time and
that would be at least a four-story building.
Mike Mrotek, 2624 Lake Drive North, Boynton Beach, stated that he owned the property
where the "M" appeared on the diagram. The point and waterfront was backfilled with debris and
rubble when the trailer park was developed, and the builder should be aware of this. The existing
trailer park was comprised of 45 homes, largely seasonal in nature. The proposal would replace that
with 70 units, largely year-round in nature. He was very concerned with the traffic that would result
from it. Mr. Mrotek referred to a case where the residents had fought the building of a home on the
point (behind the Ladies Club in Boynton Beach), where the proposed building would block the view
13
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 6, 2005
of the current residents. The residents won the case. That was exactly what was happening with
the proposed project. Mr. Mrotek thought that the proposed project was five stories high and a story
was 10 feet. This would eliminate any view to the north. He asked that his comments be taken into
consideration and passed on to the Commission.
Mr. Barretta stated that prior to the public input, he had a very different opinion of the proposed
project. He knew that the Marina was not in the Boynton Beach City limits, but it was a neighboring
community and there should be a good-neighbor policy. He was concerned about what the
developer would do to insure that the marina was not driven out of business by complaints from
owners of three-quarters of a million dollar units, when he was already having trouble from the
trailer park. He was there first and Ms. Miskel had already referred to the Marina in a disparaging
way as an unsuitable neighbor. He wanted to know what the developer was going to do to mitigate
the problems that this development would impose upon the Marina.
Ms. Miskel said that the beauty of the IPUD was that they might be able to mitigate what they could
not under R-3 zoning. As an example, there would be a wall running along the entire north end.
She did not mean to disparage Mr. Ciasulli's use, because there were a lot of projects outside of
Boynton and projects in Boynton that were marina projects. The fact that a marina is next to
residential is not incompatible in and of itself. There was, however, an illegal, non-conforming
building on the site of the Marina. His building was closer to his property line than they were
allowed to put a building. Unfortunately, that was not a desirable location for his building. However,
they did not dispute the fact that he was there first. The project does want to be a good neighbor.
They had pushed their buildings away from the border, and the only portion of the building that
would be close, the 3-story town home running north south, had no direct openings contiguous to
the Marina. They did not have any problem with a disclosure in the association documents that
could state the obvious, "If you have not noticed, you are next to a marina." Certain communities
that are next to major rights-Of-way have language incorporated to put the buyers on notice as in,
"Buyer beware. You are in an urban infill area and there are people and uses around you that are
going to make noise." They believed their design would promote a good relationship and they had
every intention of being good neighbors. They had made no application to change or harm his
business.
She also commented that they were abutting a multi-family neighborhood, not a single-family one.
The people who are located in the R-1-AA actually have a multi-family property to the north of them.
They were not directly contiguous to them. Their largest building was a four-story building and it
represented only one third of the total site. That four-story building did not exceed the present height
limitations. Of greater concem would be the development of the nursery business in this area
because that is zoned R-3 multi-family and they are permitted to have heights of 45 feet. There
would probably be buildings on that property which would obstruct their view as well.
Mr. Barretta asked Ms. Miskel to have someone give a visual presentation of where the large
building was. Mr. Fenton did not believe that there would be much of a view going north south
anyway.
Jay Colestock, the architect, showed the Board where the view started and ended. Anything south
of the nursery was in the single-family category. At the very tip of the peninsula, they planned a
clubhouse and swimming pool area. They did not intend to have docks, which would probably be an
advantage to their Marina neighbor, since there would be no interference and no intermingling of
boat traffic.
14
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 6, 2005
Mr. Baretta asked that someone point out where the most noise-generating part of the Marina's
operation would be. Since the answer was not readily forthcoming, Mr. Barretta followed it up by
asking how they attempted to mitigate the problem. Mr. Colestock said he had mitigated for the
visual effects of the metal building on the zero lot line. Mr. Barretta confirmed that other than the
wall and landscaping, there were no mitigating features pertaining to noise.
Ms. Miskel said that they were using wind-resistant glass and they thought this would help to
mitigate the exterior noise. Also, they planned to provide for soundproofing within the buildings.
Mr. Myott asked Mr. Doug Hutchinson whether any conversations had been held regarding any
affordable access in this project. Mr. Hutchinson said they were not in the Heart of Boynton area and
did not qualify for any direct incentives of any type. Mr. Myott commented to Mr. Morrow and his
neighbors that a project had come in to the Board a few months before where the compatibility of
existing single-family homes was discussed in contrast to the proposed new buildings. They were
very well organized and were able to reduce that building by one story. He felt there were some
compatibility issues with this project, but they might not be as significant as ones that could come in
when the nursery property was developed.
Tony Morrow reappeared at the podium and asked if the building was five stories or four stories. Mr.
Myott remarked that the parking was underneath and partially recessed, so there were fIVe levels,
but four stories of units. The overall height did not exceed 45 feet.
A question was raised about the drainage, and Ms. Horenburger said this would have to be
addressed in the Development Plan.
Chair Heavilin closed the Public Hearing.
Ms. Horenburger was offended by the Marina owner's comment that the Board was here to make
changes because of money. He was telling the Board that he was applying to the DEP to extend his
docks and surely he was doing that for money. She wondered if the City or the County could protest
the extension of the docks at the Marina. Chair Heavilin did not think that this had anything to do
with the agenda.
Chair Heavilin commented that although some people would lose some of their view, it was a good-
looking, well-designed project. She was thankful that this project was before the Board instead of
some others that might have been proposed for this property. She was glad to hear that the
relocation was underway.
Motion
Mr. Fenton moved to amend the Future Land Use designation from Local Retail Commercial LRC and
High Density to Special High Density Residential, and to rezone the property for C-3 Community
Commercial in an R-3 multiple family residential to IPUD for the Peninsula at Boynton Beach LUAR 5-
004.
Attorney Spillias commented that the Rezoning had to be in a separate motion.
Mr. Fenton amended his motion to exclude Rezoning. Ms. Horenburger seconded the motion that
passed 6-0.
15
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 6, 2005
Motion
Ms. Horenburger moved to approve the rezoning of said property from Community Commercial and
Multiple Family Dwelling District to Infill Planned Unit Development. Mr. Barretta seconded the
motion.
Mr. Fenton asked that the motion be made contingent to acceptance of all staff report and
conditions. Ms. Horenburger agreed to add this to her motion and Mr. Barretta agreed as well.
The motion passed 6-0.
Motion
Ms. Horenburger moved to approve the Site Plan for the Peninsula project incorporating all of the
conditions and comments of staff. Mr. Fenton seconded the motion.
Mr. Myott asked if this was going to be put on the Consent Agenda of the Oty Commission
considering the unanimous vote. Attorney Spillias responded that a Public Hearing was required.
The motion passed 5-1, Mr. Barretta dissenting.
Code Review
1. Project:
Agent:
Commercial Uses in Planned Unit
Development District (PUD) (CDRV 05-11)
Staff-initiated
Location: Planned Unit Development District
(PUD)
Description: Request to amend the Land Commercial Standards, to allow
commerdal uses to front on exterior or perimeter streets, when
such locations are consistent with adopted redevelopment plans.
Dick Hudson, Senior Planner, said that the City requested a Code amendment to allow
commercial uses in PUDs on the exterior or perimeter streets when such locations are consistent
with adopted redevelopment plans and policies. This is another case where suburban development
regulations conflict with urban redevelopment plans. In the Redevelopment Areas 1 and 5, when
applications are made for the Special High Density Land Use, they also can apply for PUD regulations
if they are above five acres. If they are between one and five acres, it is an Infill PUD. In an Infill
PUD, commercial uses are allowed only when they front on arterial roadways. There are instances
where properties larger than five acres are in areas where a commercial node is already established,
and it would be nice to be able to continue commercial along the major roadway and not force
residential into that area where it might create incompatibility. There are not many locations where
this would apply, but there are some. The proposed language would require only a minor change to
the existing language, which says, "Areas designated for commercial activity shall not generally front
on exterior or perimeter streets and shall be preferably centrally located within the project." What is
being added is: after the word project, "unless these criteria would be inconsistent with or contrary
to adopted redevelopment plans. In instances where a PUD and redevelopment area includes
commercial uses, it shall be developed consistent with adopted design guidelines or requirements
contained in the redevelopment plan."
16
Ng DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Peninsula at Boynton Beach
AGENT:
Ms. Kimberly Glas-Castro and Ms. Bonnie Miskel / Ruden McClosky
AGENTS ADDRESS:
222 Lakeview Avenue, Suite 800 West Palm Beach, FL 33401-6112
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
July 5, 2005
TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 30 fee-simple townhouse
units and 40 condominium units on 3.51 acres in the IPUD zoning
district.
LOCATION OF PROPERTY: On the east side of U.S. 1, approximately 1,600 feet north of Gateway
Boulevard
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 Community Redevelopment Agency Board, which Board found
as follows:
OR
TH IS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\PlanningISHAREDIWPIPROJECTSlPeninsula@Boynton BeachINWSP 05-013\DO.doc
VIII.-PUBLIC HEARING
ITEM D.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission
Meeting Dates
Date Final Form Must be Turned Requested City Commission
in to City Clerk's Office Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
D April 5, 2005
D April 19, 2005
D May 3, 2005
D May 17,2005
March 14,2005 (Noon.) D June 7, 2005
April 4, 2005 (Noon) D June 21, 2005
April 18, 2005 (Noon) [8] July 5, 2005
May 2,2005 (Noon) D July 19, 2005
May 16,2005 (Noon)
June 6, 2005 (Noon)
June 20, 2005 (Noon)
July 5,2005 (Noon)
NATURE OF
AGENDA ITEM
D
D
[8]
D
D Announcement
D
Consent Agenda
Public Hearing
Bids
Administrative
D Development Plans C)
D New Business ( ") .:-")-{
::~~, i ~-<
[8] Legal ~._.,';:. '.-<:0
:::::!'".I .:--, -'q
D UnfInished Business -'0 ..-~ co
['..) ~,C)
D U' )_c"
Presentation ., '.
,~'1'_
City Manager's Report -0 ;') Ci
~.-~_~~~ z
RECOMMENDATION: Please place this request on the July 5, 2005 City Commission Agenda under P~lic ~~~
Hearing and Legal, Ordinance - First Reading. The Planning and Development Board on April 26, 2005 and the Coinm~
Redevelopment Agency Board on April 12, 2005, recommended that the subject request be approved, with the Planning an<fC
Development Board recommending the following amendments: 1) under the heading of "Special Rear Yard Setback
Reductions", to read "Community perimeter walls abutting other than residentially-zoned property"; 2) increase the allowable
height for sheds from 7 feet to 8 feet, not 9 feet; 3) require appropriate screening of sheds from adjoining properties and street
through the use of hedge, wall or fence material; and 4) increase the maximum allowable height for hedges, walls and fences
to 8 feet in rear and side yards in residential zones. For further details pertaining to the request, see attached Department of
Development Memorandum No. PZ 05-050.
EXPLANATION:
PROJECT:
AGENT:
LOCATION:
DESCRIPTION:
LOR Revisions (CDRV 05-007)
City initiated
N/A
Consider proposed modifications to Land Development Regulations (LDR) relative to
residential district building setbacks, and regulations for fences, walls, and sheds.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNAT~ JI ^ N/A
. D~'to,
'I ~ )7~ ~---=
~W- ,
Planning and Zo' irector City Attorney / Finance / Hwnan Resources
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UC' ~M 'S'
lty anager sIgnature
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1 ORDINANCE NO. 05-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA AMENDING THE LAND DEVELOPMENT
5 REGULATIONS, CHAPTER 1, "GENERAL
6 PROVISIONS", BY CREATING A NEW ARTICLE X,
7 "ADMINISTRATIVE ADJUSTMENT TO MINIMUM
8 YARD SETBACKS"; AMENDING LAND
9 DEVELOPMENT REGULATIONS, CHAPTER 2
10 "ZONING", SECTION 4., "GENERAL PROVISIONS,";
11 AMENDING SECTION 5., "RESIDENTIAL DISTRICT
12 REGULATIONS AND USE PROVISIONS," TO
13 ADDRESS CONCERNS REGARDING SETBACKS,
14 ACCESSORY STRUCTURES AND FENCES, WALLS
15 AND HEDGES; PROVIDING FOR CONFLICTS,
16 SEVERABILITY, CODIFICATION AND AN EFFECTIVE
17 DATE.
18
19 WHEREAS, the City Commission, upon recommendation of the Community
20 Redevelopment Agency and the Planning and Development Board, deems it appropriate and
21 in the best interests of the citizens and residents of the City of Boynton Beach, to amend the
22 Land Development Regulations of the City of Boynton Beach to address concerns regarding
23 setbacks, provide more flexibility in acquiring and siting storage structures, and better regulate
24 the placement of fences and walls while preserving the integrity of the zoning regulation and
25 neighborhood quality.
26 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
28
Section 1.
The foregoing whereas clause is true and correct and is now ratified and
29 confirmed by the City Commission.
30
Section 2.
Chapter 1, "General Provisions" of the Land Development Regulations
31 of the City of Boynton Beach Code of Ordinances is hereby amended to create a new Article
32 X as follows:
33 ARTICLE X. ADMINISTRATNE ADJUSTMENT TO
34 MINIMUM YARD SETBACKS
35
36 Sec. 1. Intent. The intent of these provisions is to provide minor reductions to
37 the minimum yard setbacks in order to better facilitate renovation/redevelopment efforts on
38 individual lots in single-family zoning districts. In staff consideration of requests for ,
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administrative adjustment to mInImum yard setbacks, various criteria will be utilized to
determine compatibility with and impact on the surrounding neighborhood. Staff will review
the site constraints, building orientation and floor plan functionality issues that justify the
reQuest. Additionally, staff will take into consideration compatibility with the established
character of the neighborhood, the massing of the building or addition( s) and reasonableness
of the reQuest.
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Sec. 2.
Submittal ReQuirements.
A.
Proof of property ownership by petitioner( s), such as deed or purchase
contract agreement.
Justification statement detailing the need for the setback adjustment,
including site constraints, building orientation, floor plan functionality
and other restrictions.
Provision of the following:
B.
c.
1. Two sealed surveys by a registered surveyor in the State of
Florida, not over six (6) months old, including:
a. All property lines
b. North arrow
c. Existing structures and paving
d. Existing elevations
e. Rights-of-way, with elevations
f. Easements on or adiacent to the site
g. Utilities on or adjacent to the site
h. Legal description
1. Number of acres to the nearest one-hundredth 0/1 00)
of an acre
1. Location sketch of property
2. Two site plans properly dimensioned and to scale depicting the
following:
a. Location of all existing structures on the property
b. Location and dimension of any new construction
c. Setback dimensions to all property lines
d. Location of, and dimension to, streets, alleys and
easements on or adjacent to the property
e. Floor plans of proposed addition(s) and of adiacent
habitable space in the existing structure
f. Location, number and size of existing and proposed
parking spaces on the property
3. Photographs depicting the existing conditions on the property,
area ofthe proposed additions(s), and views facing adjacent properties.
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4. Address labels for the purpose of mailing notice to the owners
of the properties that are immediately abutting the property that is the
subject of the application for the administrative adjustment. The
address labels shall contain the name and address of the property
owners for property immediately abutting the applicant's property as
listed by the Palm Beach County Property Appraiser's Office.
Section 3.
Chapter 2, "Zoning", Section 4, "General Provisions," of the Land
9 Development Regulations of the City of Boynton Beach Code of Ordinances, shall be
10 amended to read as follows:
11
12 Sec. 4. General provisions.
13 A. ONE PRINCIPAL BUILDING PER LOT. Within single-family residential
14 districts only one (1) principal building and its accessory building shall occupy or be
15 constructed upon any lot or lots or portions of lots that may be combined to meet the size
16 required for each district.
17
18 B. ACCESSORY BUILDINGS. Accessory buildings in residential districts shall
19 be constructed to conform with the minimum building and site regulations that are generally
20 applicable in the district where the building is to be located, provided, however:
21
22 1. All accessory buildings shall be located only in the side or rear yard; at
23 least twelve (12) feet from the principal building; and
24
25 2. Detached storage structures of any type construction not exceeding one
26 hundred (100) square feet in floor area and seven (7) eight (8) feet in height
27 may be erected to a point at least three (3) feet from the side property line
28 and/or at least three (3) feet from the rear property line providing no easement
29 rights are abridged. Where the detached storage structure is visible from an
30 adjacent right-of-way or abutting property. it shall be effectively screened with
31 appropriate landscaping. a wall and/or a fence.
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33 C. BUILDING FRONTAGE. Every principal building shall be located on a lot or
34 a publicly dedicated, accepted and maintained street or private street which conforms to
35 accepted street standards of this city.
36
37 D. THROUGH LOTS (DOUBLE FRONTAGE). On through lots, the required
38 front yard shall be proyided on each stroet. DUAL FRONTAGE LOTS. ALSO REFERRED
39 TO AS "THROUGH LOTS". The predominant building orientation on the block where the
40 dual frontage lot is located shall determine front and rear setbacks. No accessory structures
41 may be forward of the front building line. as determined above (example: pools. sheds. swing
42 set. etc.). Additionally. fences. walls. and hedges may be placed. at the regulated height for
43 rear yards. as determined above. provided there is a provision made for a hedge along the
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street-side of the wall or fence. Said wall or fence must be setback a minimum of 18 inches
from the property line and planted with a continuous hedge at a minimum of one-half the
height ofthe wall or fence. Said landscape material shall be apvropriately irrigated.
E. VISUAL OBSTRUCTIONS. No fence, sign, planting, hedge, shrubbery, wall or
other visual obstruction shall be created or maintained with a height greater than two feet six
inches above the street level, within twenty-five (25) feet of the intersection of the right-of-
way lines of two (2) streets, in any zone, except that open chain-link type fences may be a
maximum of four (4) feet and kept visually clear.
F. HEIGHT LIMITATIONS AND EXCEPTIONS
1. No portion of any structure intended to be utilized for residential,
commercial or industrial purposes within the municipal limits of the City of
Boynton Beach, Florida, shall exceed the height of forty-five (45) feet above
minimum finished floor as required by the building code, except as noted
below.
2. Water, cooling and fire towers, radio and television towers of
commercial nature, church spires, places of assembly, domes, cupolas,
flagpoles, electrical and mechanical support systems, parapets, and similar
structures, and their necessary mechanical appurtenances may be erected
within a structure or on top of the structure, above the district height
limitations provided herein, after obtaining approval of the City Commission
based on their consideration of the standards for evaluating exceptions to
district height regulations set forth in paragraph 3 below.
3. In considering an application for exception to the district height
regulation, the City Commission shall make findings indicating the proposed
exception has been studied and considered in relation to the following
standards, where applicable:
a. Whether the height exception will have an adverse effect on the
existing and proposed land uses.
b. Whether the height exception is necessary.
c. Whether the height exception will severely reduce light and air
in adjacent areas.
d. Whether the height exception will be a deterrent to the
improvement or development of adjacent property in accord with
existing regulations.
e. Whether the height exception will adversely affect property
values in adjacent areas.
f. Whether the height exception will adversely influence living
conditions in the neighborhood.
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g. Whether the height exception will constitute a grant of a special
privilege to an individual owner as contrasted with the public
welfare.
h. Whether sufficient evidence has been presented to justify the
need for a height exception.
1. The City Commission may, in connection with processing of
application for exception hereunder, refer same to the planning
and development board for recommendation.
4. In residential zones, freestanding television and citizens' band
broadcasting antennae may not exceed twenty-five (25) feet in height, and no
freestanding antenna may be constructed within the building setback lines.
Roof-mounted or wall-supported antennae may exceed the maximum district
height regulation by ten (10) feet; but in no instance, may an antennae exceed
the roofline height by more than fifteen (15) feet.
a. With respect to private community antenna systems as defined in
this code, the aforesaid twenty-five (25) feet height regulation shall
not apply. In the instance of private community antenna systems,
the receiving antenna may not exceed forty-five (45) feet in height
unless an exception is granted by the City Commission, and no part
of any receiving antenna may encroach in any setback.
5. In residential zones, freestanding transmitting antennae are subject to the
following limitations:
29
a. No freestanding base tower and antenna shall exceed forty-five
(45) feet in height.
b. No freestanding base tower with or without an antenna shall be
constructed within the building setback lines.
c. No freestanding base tower shall be constructed without having
first secured a permit from the city development director.
d. Roof-mounted transmitting antennae shall not exceed the roof
line height by more than twenty (20) feet.
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6. An application fee shall be payable to the city as adopted by resolution
of the City Commission.
7. Notwithstanding any other proVISIOn of the Land Development
Regulations, including the provisions of this section,
telecommunication towers shall only be permitted as a conditional use
in the PU Public Usage District and REC Recreation District.
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G. CUL-DE-SAC. The allowed frontage of a lot when shaped by a cul-de-sac or
the frontage of any other irregular shaped lot, shall be measured at the setback or
building line, and shall be not less than seventy-five percent (75%) of the
required lot frontage in the applicable zoning district.
H. TEMPORARY BUILDINGS. Temporary buildings such as models, offices and
tool sheds used in conjunction with construction work only, may be permitted in
any district after approval of the building inspection department and the removal
of which is accomplished within thirty (30) days after construction ceases or is
completed.
1. PUBLIC BUILDINGS. All buildings and properties city owned and operated
and engaged in the performance of a public function may be permitted in any
district as defined herein.
J. OTHER STRUCTURES. To further clarify the definition of structure as
applied to all districts and boundaries, the following shall apply except that
comer lots shall be regulated by other parts of this ordinance. The following
structures shall be permitted in front, rear or side setbacks as provided in this
ordinance, in any zone, except where so noted; taking into consideration existing
easements:
1. Fences, hedges and walls shall not exceed six (6) eight
(IDfeet in height, above finished grade, in residential zones, except that
in front setbacks, from the building line forward to the property line, the
maximum height shall be four (4) feet. On comer lots, both road
frontages are subject to the four (4) foot height limitation, in accordance
with Chapter 2, Section 4.E., "Visual Obstructions".from the building
line to the front line the maximum height shall be f-our (4) feet. In
Multi-family zones, the maximum height within the front yard setback
shall be six (6) feet (chain link fences shall be used only in combination
with hedge that shall be maintained at height of fence). Hedges situated
adjacent to golf courses, golf driving ranges, interstate highways or
parcels supporting railroad tracks shall not exceed ten (10) feet in height,
above finished grade. When walls or fences are constructed as a part of
a subdivision or site plan approval adjacent to a public right-of-way,
consistent with this section, a setback of a minimum of eighteen (18)
inches must be maintained for landscaping purposes.
40
Section 4.
Chapter 2, "Zoning", Section 5, "Residential district regulations and use
41 provisions," of the Land Development Regulations of the City of Boynton Beach Code of
42 Ordinances, shall be amended as follows:
43
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Sec. 5. Residential district regulations and use provisions.
A. R-l-AAA SINGLE-FAMILY RESIDENTIAL DISTRICT. These district
regulations will create the lowest population density of not more than 3.48 dwelling units per
acre.
1. Uses permitted. Within any R-l-AAA single-family residential district,
no building, structure, land or water shall be used except for one of the following uses:
a. Single- family dwellings including the garages and other customary
accessory buildings. Carports are not allowed. Disaster shelters are permitted.
The shelters are to be used only for the designated purpose in times of danger.
b. Churches* and other places of worship* with their attendant
accessory uses, including daycare and pre-school facilities*, conforming with
Section II.C hereinafter.
c. City-owned and -operated facilities.
d. Private golf courses and associated clubhouse facilities
including private bath, swim, tennis or country clubs and community or city
owned and -operated recreation clubs and associations, specifically excluding
driving ranges or tees, miniature courses and similar uses operated as separate
ventures from the primary use or uses.
e. Primary and secondary schools, seminaries, colleges and
universities, conforming with Section II.C hereinafter. *
f. Home occupations conforming with Section II.D hereinafter.
g. Community residential homes with six or fewer residents as
defined in Florida Statutes Chapter 419.
h. Nursery schools, day care centers and other preschool
facilities. *
1 A. Conditional uses allowed. Those uses specified above which are
followed by an asterisk (*) shall be deemed to be conditional uses, which may be
considered and granted in accordance with the procedures set forth in Section 11.2
hereinafter.
2. Building and site regulations:
a.
observed:
The following lot and building setback requirements shall be
Minimum lot area
Minimum lot frontage
Minimum front yard
Minimum rear yard
Minimum side yard
Minimum living area
12,500 square feet
100 feet
30 feet
35 feet
30 feet each side
2,200 square feet
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Maximum lot coverage
Maximum structure height
35 percent
25 feet
b. On comer lots adjacent to the street, the side yard setback shall
be not less than one-half (1/2) the front yard requirement, except where
the comer lot faces a different street than the remaining lots in the
block, then the front setback shall be maintained on both streets.
c. Community residential homes shall not be located within a
radius of 1,000 feet of another existing similar facility.
3. Off-street parking. As provided in Section Il-H hereinafter.
B. R-l-AAB SINGLE-FAMILY RESIDENTIAL DISTRICT. These district
regulations will create a maximum density of 4.84 dwelling units per acre.
1. Uses permitted. Within an R-l-AAB single-family residential district,
no building, structure, land or water shall be used except for one of the
following uses:
a. Any use permitted in the R-l-AAA district.
2. Building and site regulations:
a. The following lot and building setback requirements shall be
observed:
Minimum lot area 9,000 square feet
Minimum lot frontage 90 feet
Minimum front yard 25 feet
Minimum rear yard 2 Ofrfeet
Minimum side yards 10 feet each side
Minimum living area 1,800 square feet
Maximum lot coverage 45 ~percent
Maximum structure height 30 feet
b. On comer lots, the side yard setback adjacent to the street shall be
not less than one-half (112) the front yard setback. except where the
comer lot faces a different street than the remaining lots in the block,
the front setback shan then be maintained on both streets However,
where orientation of adiacent lots on both street frontages provide
typical front yard setbacks, the comer lot shall provide for front yard
setbacks along both streets. When two (2) front yard setbacks are
provided for on a comer lot, no rear yard setback shall be required, only
side yard setbacks shall be imposed.
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c. For lots platted prior to June 13. 1975. the following
administrative adjustments to the minimum yard setbacks may be
allowed. subject to provision of justification by applicant:
Front and side yard
Rear yard
80% of required
75% of required
d. Special rear yard setback reductions for single stOry additions
may be applied in the following situations. provided it is not utilized in
conjunction with any other rear yard reductions provision:
Rear Yards abutting:
1-95 or railroad tracks: 50% reduction
Intracoastal: 50% reduction
Lakes: 50% reduction
Golf Course: 50% reduction
Canals with R-O-W > 150 feet 50% reduction-
Canals with R-O-W < 150 feet--33% reduction-
Perimeter walls of Community that
abut other than residential
Commercial/Industrial
PubliclPrivate Park:
50% reduction
50% reduction
50% reduction
e. The setback reduction provisions contained in c. and d. above
are not applicable to residential lots within Planned Unit Developments
(PUD's) without formal action of the Home Owner Association (HOA)
in writing. and an approved modification of the PUD Master Plan.
f. The setback reduction provisions contained in c. and d. above
shall not supercede any setbacks that are recorded on a plat.
g. An administrative variance may be granted if any first floor
addition follows the building line of a legally non-conforming single-
family structure. or a building line previously approved by a variance.
3. Off-street parking. As provided in Section II-H hereinafter.
C. R-l-AA SINGLE-FAMILY RESIDENTIAL DISTRICT. These district
regulations will create a maximum density of 5.4 dwelling units per acre.
1. Use permitted. Within any R-l-AA single-family residential district, no
building, structure, land or water shall be used except for one of the following uses:
a. Any use permitted in the R-l-AAA or R-l-AAB districts.
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2.
Building and site regulations:
a. The following lot and building requirements shall be observed:
Minimum lot area
Minimum lot frontage
Minimum front yard
Minimum rear yard
Minimum side yard
Minimum living area
Maximum lot coverage
Maximum structure height
8,000 square feet*
75 feet
25 feet
20 ~feet
10 feet each side~
1 ,600~square feet
45~percent
30 feet
*In areas developed and/or platted prior to June 13, 1975, the minimum
lot area shall be seven thousand five hundred (7,500) square feet-,- fHl:d
the minimum side yard shall be seven and one half (7 1/2) feet.
b. On comer lots, the side setback adjacent to the street shall be
not less than one-half (1/2) the front yard setback-,- except '.vhere the
comer lot faces a different street than the remaining lots in the block,
the front setback shall then be maintained on both streets. However.
where orientation of adjacent lots on both street frontages provide
tyPical front yard setbacks, the comer lot shall provide for front yard
setbacks along both streets. When two (2) front yard setbacks are
provided for on a comer lot, no rear yard setback shall be required, only
side yard setbacks shall be imposed.
c. For lots platted prior to June 13, 1975, the following
administrative adjustments to the minimum yard setbacks may be
allowed, subject to provision of justification by applicant:
Front and side yard
Rear yard
80% of required
75% of required
d. Special rear yard setback reductions for single story additions
may be applied in the following situations, provided it is not utilized in
conjunction with any other rear yard reductions provision:
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Rear Yards abutting:
1-95 or railroad tracks:
Intracoastal:
Lakes:
50% reduction
50% reduction
50% reduction
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Golf Course:
Canals with R-O-W > 150 feet
Canals with R-O-W < 150 feet
Perimeter walls of Community that
abut other than residential
Commercial/Industrial
Public/Private Park:
50% reduction
50% reduction
33% reduction
50% reduction
50% reduction
50% reduction
e. The setback reduction provisions contained in c. and d. above
are not applicable to residential lots within Planned Unit Developments
(PUD's) without formal action of the Home Owner Association (HOA)
in writing, and an approved modification of the PUD Master Plan.
f. The setback reduction provisions contained in c. and d. above
shall not supercede any setbacks that may be recorded on a plat.
g. An administrative variance may be granted if any first floor
addition follows the building line of a legally non-conforming single-
family structure, or a building line previously approved by a variance.
3. Off street parking. As provided in Section 11-H hereinafter.
D. R-1-A SINGLE-FAMILY RESIDENTIAL DISTRICT. These district
regulations will create a maximum density of 5.8 dwelling units per acre.
1. Uses permitted. Within any R-1-A single-family residential district, no
building, structure, land or water shall be used except for one of the following
uses:
a. Any use permitted in the R-1-AAA, R-1-AAB, R-1-AA districts.
2. Building and site regulations:
a. The following lot and building requirements shall be observed.
Minimum lot area
Minimum lot frontage
Minimum front yard
Minimum rear yard
Minimum side yard
Minimum living area
Maximum lot coverage
Maximum structure height
7,500 square feet
60 feet
25 feet
20~feet
7 1/2 feet each side
1 ,400~ square feet
45 4(.) percent
30 feet
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b. On comer lots the side yard setback adjacent to the street shall be
not less than one-half (1/2) the front yard setback. However. where
orientation of adjacent lots on both street frontages provide tyPical front
yard setbacks. the comer lot shall provide for front yard setbacks along
both streets. When two (2) front yard setbacks are provided for on a
comer lot. no rear yard setback shall be required. only side yard
setbacks shall be imposed. except v.here the corner lot faces a different
street than the remaining lots in the block, the front setback Gball then
be maintained on both streets.
c. For lots platted prior to June 13. 1975. the following
administrative adjustments to the minimum yard setbacks may be
allowed. subject to provision of justification by ap?licant:
Front and side yard
Rear yard
80% of required
75% of required
d. Special rear yard setback reductions for single story additions
may be applied in the following situations. provided it is not utilized in
conjunction with any other rear yard reductions provision:
Rear Yards abutting:
1-95 or railroad tracks:
Intracoastal:
Lakes:
Golf Course:
Canals with R-O-W > 150 feet
Canals with R-O-W < 150 feet
Perimeter walls of Community that
abut other than residential
Commercial/Industrial
PubliclPrivate Park:
50% reduction
50% reduction
50% reduction
50% reduction
50% reduction
33% reduction
50% reduction
50% reduction
50% reduction
e. The setback reduction provisions contained in c. and d. above
are not applicable to residential lots within Planned Unit Developments
(PUD's) without formal action of the Home Owner Association (HOA)
in writing, and an approved modification of the PUD Master Plan.
f. The setback reduction provisions contained in c. and d. above
shall not supercede any setbacks that may be recorded on a plat.
g. An administrative variance may be granted if any first floor
addition follows the building line of a legally non-conforming single-
family structure. or a building line previously approved by a variance.
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3. Off-street parking. As provided in Section II-H hereinafter.
E. R-l SINGLE-FAMILY RESIDENTIAL DISTRICT. These district regulations
will create a maximum of 7.26 dwelling units per acre.
1. Uses permitted. Within any R-I single-family residential district, no
building, structure, land or water shall be used except for one of the following
uses:
a. Any use permitted in the R-l-AAA, R-l-AAB, R-l-AA or R-l-
A district.
2. Building and site regulations.
a. The following lot and building requirements shall be observed.
Minimum lot area
Minimum lot frontage
Minimum front yard
Minimum rear yard
Minimum side yards
Minimum living area
Maximum lot coverage
Maximum structure height
6,000 square feet
60 feet
25 feet
20 lS- feet
7 1/2 feet
1,200 -l-,OOQ-square feet
50 4Q percent
30 feet
b. On comer lots, the side yard setback adjacent to the street shall
be not less than one-half (1/2) the front yard setback. However, where
orientation of adjacent lots on both street frontages provide typical front
yard setbacks, the comer lot shall provide for front yard setbacks along
both streets. When two (2) front yard setbacks are provided for on a
comer lot, no rear yard setback shall be required, only side yard
setbacks shall be imposed. 'Nhere the comer lot faces a different street
than the remaining lots in the block, then the front setback shall be
maintained on both streets.
c. For lots platted prior to June 13, 1975, the following
administrative adjustments to the minimum yard setbacks may be
allowed, subject to provision of justification by applicant:
Front and side yard
Rear yard
80% of required
75% of required
d. Special rear yard setback reductions for single story additions
may be applied in the following situations, provided it is not utilized in
conjunction with any other rear yard reductions provision:
S:\CA \Ordinances\LDR Changes\setbacks 062805.doc
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Rear Yards abutting:
1-95 or railroad tracks:
Intracoastal:
Lakes:
Golf Course:
Canals with R-O-W > 150 feet
Canals with R-O- W < 150 feet
Perimeter walls of Community that
abut other than residential
CommerciaVIndustrial
Public/Private Park:
50% reduction
50% reduction
50% reduction
50% reduction
50% reduction
33% reduction
50% reduction
50% reduction
50% reduction
e. The setback reduction provisions contained in c. and d. above
are not applicable to residential lots within Planned Unit Developments
(PUD's) without formal action of the Horne Owner Association (HOA)
in writing, and an approved modification of the PUD Master Plan.
f. The setback reduction provisions contained in c. and d. above
shall not supercede any setbacks that may be recorded on a plat.
g. An administrative variance may be granted if any first floor
addition follows the building line of a legally non-conforming single-
family structure, or a building line previously approved by a variance.
3. Off-street parking. As provided in Section 11-H hereinafter.
F. R-2 SINGLE- and TWO-F AMIL Y DWELLING DISTRICT. These district
regulations will create a maximum density of 9.68 dwelling units per acre. It is the intent to
accommodate a compatible development of higher density buildings with commonly called
duplexes together with single-family dwellings but at no lower standards of quality.
1. Uses permitted. Within any R-2 single-or two-family dwelling district,
no building, structure, land or water shall be used except for one of the
following uses:
a. Any use permitted in the R-l-AAA, R-l-AAB, R-l-AA, R-l-A
and R-l districts.
b. Two-family dwellings.
c. Nursery schools, day care centers and other preschool facilities*
(see Section ll-C)
S:\CA\Ordinances\LDR Changes\setbacks 062805.doc
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1 A. Conditional uses allowed. Those uses specified in subsection 5.F.1.
above which are followed by an asterisk (*) shall be deemed to be conditional
uses, which may be considered and granted in accordance with procedures set
forth in Section 11.2 hereinafter.
2. Building and site regulations:
a. The following lot and building requirements shall be observed:
Minimum lot area 4,500 square feet per dwelling unit.'!:
Minimum lot frontage 75 feet.=!:.
Minimum front yard 25 feet
Minimum rear yard 25 feet
Minimum side yards 10 feet each side
Minimum living area 750 square feet per unit.:!:
Maximum lot coverage 40 percent
Maximum structure height 25 feet, not to exceed 2 stories
b..:!:_ For single family, use R-l requirement.regulations.
**The maximum height for single family structures is 30 feet.
c.---l:r. On comer lots, the side yard setback adjacent to the street shall
be not less thm1 the remaining lots in the block, then the front setback
shall be maintained on both streets. On comer lots, the side yard
setback adiacent to the street shall be not less than one-half 0/2) the
front yard setback. However, where orientation of adiacent lots on both
street frontages provide typical front yard setbacks, the comer lot shall
provide for front yard setbacks along both streets. When two (2) front
yard setbacks are provided for on a comer lot, no rear yard setback shall
be required, only side yard setbacks shall be imposed,
3. Off-street parking. As provided in Section Il-H hereinafter.
G. R-3 MULTIPLE-FAMILY DWELLING DISTRICT. These district regulations
will create a maximum density of 10.8 dwelling units per acre. It is the intent of this district
to provide a higher residential density which encourages vertical structures and flexibility in
multiple-family living and that a certain amount of multiple-family dwelling is necessary and
desirable and can complement certain areas if located appropriately and if properly designed.
Therefore, factors to be considered are:
The location and nature of the area.
An area of substantial size to provide a buffering or graduation of uses to be considerate
or to complement adjacent uses or districts.
The proximity to large concentrations of activities such as business, employment, and
S:\CA\Ordinances\LDR Changes\setbacks 062805.doc
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other facilities and services. Sufficient and definitive traffic arteries to adequately service the
area.
Designs that provide light, are passage, water drainage, ingress and egress, parking and
traffic circulation, open space and on-site recreation, maintenance areas and community
meeting provisions for the inhabitants.
1. Uses permitted. Within any R-3 multiple-family dwelling district, no
building, structure, land or water shall be used except for one of the following uses:
a. Any use permitted in the R-1-AAA, R-1-AAB, R-1-AA, R-1-A, R-1 or
R-2 districts.
b. Multiple-family residential structures, including apartments,
cooperatives, condominiums, town houses, and their attendant recreational
facilities and having no commercial business connected therewith but can be
equipped to serve meals to their occupants.
c. Private clubs, lodges and fraternal organizations. *
d. Golf courses, swimming and tennis clubs, and similar recreational
facilities. *
e. Rooming and boarding houses. *
f. Community residential homes with up to 14 residents as defined in
Florida Statutes Chapter 419.*
1A. Conditional uses allowed. Those uses specified above which were followed by
an asterisk (*) shall be deemed to be conditional uses, which may be considered and granted
in accordance with the procedures set forth in Section 11.2 hereinafter.
2. Building and site regulations:
a. For multiple-family dwellings, roommg and boarding houses; and
community residential homes:
Minimum lot area
Minimum lot frontage
Minimum front yard
Minimum rear yard
Minimum side yards
Minimum living area
Maximum lot coverage
4,000 square feet
100 feet
40 feet
40 feet
20 feet each side
750 square feet per unit
40 percent
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Maximum structure height
45 feet, not to exceed 4
stories
1,200 feet (radius)
Minimum spacing between
community residential homes
b. Single-family dwellings shall conform with R-l requirements
(see Section 5, paragraph E-2). Duplex dwellings shall conform to R-2
requirements (see Section 5, paragraph F-2).
c. All other permitted uses:
Minimum lot area
Minimum lot frontage
Minimum front yard
Minimum rear yard
Minimum side yards
Minimum living area
20,000 square feet
100 feet
40 feet
40 feet
20 feet each side
As governed by applicable
regulatory agency
40 percent
4 stories, not to exceed 45
feet in height
Maximum lot coverage
Maximum structure height
3. Off-street parking. As provided in Section Il-H hereinafter.
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Section 5. Each and every other provision of the Land Development Regulations
not herein specifically amended, shall remain in full force and effect as originally adopted.
Section 6. All laws and ordinances applying to the City of Boynton Beach in
conflict with any provisions of this ordinance are hereby repealed.
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Section 7.
Should any section or provision of this Ordinance or any portion
30 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
31 affect the remainder of this Ordinance.
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Section 8.
Authority is hereby given to codify this Ordinance.
This Ordinance shall become effective immediately upon passage.
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Section 9.
FIRST READING this _ day of
,2005.
S:\CA\Ordinances\LDR Changes\setbacks 062805.doc
2 SECOND, FINAL READING AND PASSAGE this _ day of , 2005.
3 CITY OF BOYNTON BEACH, FLORIDA
4
5
6 Mayor
7
8
9 Vice Mayor
10
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12 Commissioner
13
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15 Commissioner
16
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18 Commissioner
19 ATTEST:
20
21
22 City Clerk
23
24
S:\CA\Ordinances\LDR Changes\setbacks 062805.doc
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05-050
TO: Chair and Members of Community Redevelopment Agency Board
and Planning and Development Board
THROUGH: Michael W. Rumpf
Director of Planning and Zoning
FROM: Ed Breese ~
Principal Planner
DATE: March 31, 2005
SUBJECT: CODE REVIEW (CDRV 05-007)
Land Development Regulation Revisions (Setbacks, Fences, Accessory Structures)
NATURE OF REQUEST
Pursuant to desires of the City Commission, staff forwards those portions of the Land Development
Regulations currently under review, as an incremental step to updating the zoning regulations. These
portions address building setbacks and related issues, and would assist in the ability of homeowners to
renovate or construct additions to their homes. These proposed regulations should better accommodate the
residents' desire to expand their living area, in many cases, without the need of one or more variances.
BACKGROUND
There is a high demand for home expansions within the city, as indicated by previous variance
applications, and by recent inquiries made to staff and elected officials regarding expansions plans and the
variance process. Variances, of course, have the burden of requiring hardship for not conforming to the
letter of the law, or in this case, zoning ordinance. In most cases, no peculiarities existed to a given lot or
situation, and staff was forced to recommend denial of the request. In some instances, the applicant
indicated, though they did not wish to move out of their home or the City, their expansion plans could not
be accommodated where they were, under the current land development regulations. With this being the
case, staff made the setback issue their number one priority in the revisions to the land development
regulations and therefore forwards these amendments first.
ANALYSIS
Staff reviewed numerous old variance applications to determine the extent to which the requests
encroached into the required setbacks. It was determined that the rear setback variance was most frequently
requested. This in many ways makes sense, since it is typically the largest area of the yard in which to
expand the house, an addition to the rear of the house usually better integrates with the existing floor plan,
and the addition would generally be further removed from street noise. Additionally, staff examined the
existing land development regulations and those from the previously adopted code to gain a better
understanding of the rules under which many of the homes where constructed. This insight into the built
environment helped form the basis for recommended changes to the land development regulations. Again,
Page 2
CDRV 05-007
understanding the Commission's desire to promote home improvements and expansions without a complex
process and onerous hardship criteria, without degrading neighborhood quality, staff crafted the following
modifications (see also Exhibit "A"): and
Reduction in rear yard setback requirements from 25 feet to 20 feet in all single-family
districts.
Creation of an Administrative Adjustment (like currently existing in the code for non-
conforming lots) to allow additional reductions in all yard setbacks. The proposed adjustments
are minimal, again like those currently in the code for non-conforming lots, and would look
something like this for a RI AA single-family lot, platted prior to June 13, 1975:
Front Setback - 25 feet.
Rear Setback - 20 feet.
Side Setback - 10 feet.
With Administrative Adjustment - 20 feet.
With Administrative Adjustment - 15 feet.
With Administrative Adjustment - 8 feet.
Establishment of criteria for the review and approval of Administrative Adjustments
(see Exhibit HE "), which pertains to compatibility with the established character of the
neighborhood, reasonableness of the request and massing of the building or addition.
Creation of a Special Rear Yard Setback Reduction for properties abutting the railroad rights-
of-way, 1-95 rights-of-way, canals, lakes, Intracoastal Waterway, parks, golf courses ,and
community perimeter walls; and public use, recreation, commercial and industrial zoning
districts. This reduction would decrease the rear setback from 20 feet to 10 feet. This special
rear yard setback is applicable to one-story additions only.
The remaining provisions help clarify certain language already in the code regarding corner
lots and through lots, and also denote that these provisions are not applicable to any PUD
without formal action of the HOA and a Master Plan Modification. These provisions would
also not supercede any setbacks recorded on plats.
While reviewing building setbacks, two related issues surfaced that require updating and clarification. The
first involves Accessory Buildings (storage structures). Staff regularly receives numerous complaints,
from residents desiring to install a shed, regarding both the maximum height regulation (7 feet) and the
minimum separation requirement (12 feet) from the principal structure. Very few manufacturers of pre-
fabricated sheds make a model that meets the City's height regulation. The few companies that do typically
only make one model, thereby limiting consumer choices for storage structures. The second issue involves
the separation requirement for accessory structures. This requirement has, in some instances, made it
impossible for a homeowner to place a shed on their property. Since a homeowner can now go to a place
like Home Depot and buy a shed that physically attaches to the house, our code is fairly outdated.
Discussion with the City's Building Code Administrator and the Fire Marshall has confirmed that there are
no issues of concern for allowing sheds in close proximity, or attached to a house. As such, staff
reconunends the following amendments to the code:
Removal of the twelve (J 2) foot separation requirement between accessory structures and the
principal structure, thereby allowing storage structures to be immediately adjacent to or
attached to the house; and
Allow an increase in maximum height for storage structures from seven (7) feet to nine (9) feet;
and.
Retain existing requirements for maximum square footage of storage structures (J 00 square
feet) and minimum setback requirements (three (3) feet from rear and side property lines).
The other related issue involves Wall, Fence and Hedge Regulations. In an effort to clarify requirements
for walls and fences in Residential Zoning Districts, as to their placement and maximum height dependant
upon placement, staffreconunends the following minor rewording of the code:
Page 3
CDRV 05-007
Fences, hedges and walls shall not exceed six (6) feet in height, above finished grade, except
that in front setbacks, from the building line forward to the property line, the maximum height
shall be four (4) feet. On corner lots, both road frontages are subject to the four (4) foot height
limitation. in accordance with Chapter 2, Section 4.E., Visual Obstructions.
RECOMMENDATION
Staff recommends that the proposed amendments to Chapter 2. Zoning of the City's Land Development
Regulations, regarding setbacks, accessory structures and fences, walls and hedges, be approved. It is
staff's opinion that these amendments will remove barriers to desirable home expansions, provide residents
more flexibility in acquiring and siting storage structures, and better regulate the placement of fences and
walls, while preserving the integrity of the zoning regulations and neighborhood quality.
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EXHIBIT B
ADMINISTRATIVE ADJUSTMENT
TO MINIMUM YARD SETBACKS
INTENT
The intent of these provisions is to provide minor reductions to the minimum yard
setbacks in order to better facilitate renovation/redevelopment efforts on individual
lots in single-family zoning districts. In staff consideration of requests for
administrative adjustment to minimum yard setbacks, various criteria will be utilized
to determine compatibility with and impact on the surrounding neighborhood. Staff
will review the site constraints, building orientation and floor plan functionality issues
that justify the request. Additionally, staffwill take into consideration compatibility
with the established character of the neighborhood, the massing of the building or
addition(s) and reasonableness of the request.
SUBMITTAL REQUIREMENTS
A. Proof of property ownership by petitioner(s), such as deed or purchase contract
agreement.
B. Justification statement detailing the need for the setback adjustment, including
site constraints, building orientation, floor plan functionality and other
restrictions.
C. Provision of the following:
1. Two sealed surveys by a registered surveyor in the State of Florida, not
over six (6) months old, indicating:
A) All property lines
B) North arrow
C) Existing structures and paving
D) Existing elevations
E) Rights-of-way, with elevations
F) Easements on or adjacent to the site
G) Utilities on or adjacent to the site
H) Legal Description
n Number of acres to the nearest one-hundredth (1/100) of an acre
J) Location sketch of property
2. Two site plans properly dimensioned and to scale depicting the following:
A) Location of all existing structures on the property
B) Location and dimension of any new construction
C) Setback dimensions to all property lines
D) Location of, and dimension to, streets, alleys and easements on or
adjacent to the property
E) Floor plans of proposed addition( s) and of adjacent habitable space
in the existing structure
F) Location, number and size of existing and proposed parking spaces
on the property
3. Photographs depicting the existing conditions on the property, area ofthe
proposed addition(s), and views facing adjacent properties
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
April 12, 2005
Motion
Mr. Tillman moved to postpone the matter and direct staff to set up a workshop.
Motion seconded by Mr. Barretta and unanimously carried.
Mr. Rumpf asked if the Board foresees needing any additional information from
them for the workshop.
Mr. Hutchinson suggested better maps.
2.
Project:
Agent:
Location:
Description:
LDR Revision (CDRV 05-007)
City Initiated
N/A
Request to amend the Land Development Regulations
(LOR), Chapter 2, Zoning, Section 4.8, 4.J and 5.A-
5.E, relative to residential district building setbacks,
and regulations for fences, walls, and sheds.
Ed Breese, Principle Planner, informed the Board the item dealt with setbacks in
residential districts. The Commission asked staff in its first duty in rewriting the
Land Development Regulations to look at the setbacks within the residential
districts based on the number of variances that have been going through the
process. They also asked them to look at the number of phone calls they receive
from people who want to add on a family room or extra bedroom, because they
have had an addition to their family and they can't fit it within the current Code.
What staff did was look at the previous Codes to see what the setbacks were
when most of the houses were built. They additionally looked at the variance
applications, to see what were the most prevalent types of variances. Staff came
up with the following recommendations:
· Reduction in rear yard setback requirements from 25 feet to 20 feet in all
single-family districts.
· Creation of an Administrative Adjustment to allow additional reductions in
all yard setbacks. The proposed adjustments are minimal, again like
those currently in the Code for non-conforming lots, and would look
something like this for a RIM single-family lot, plotted prior to June
13,1975:
Front Setback-25 feet. With Administrative Adjustment-20 feet.
Rear Setback-20 feet. With Administrative Adjustment-IS feet.
Side Setback-l0 feet. With Administrative Adjustment-8 feet.
· Establishment of criteria for the review and approval of Administrative
Adjustments (see Exhibit "B''), which pertains to compatibility with the
14
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
April 12, 2005
established character of the neighborhood, reasonableness of the request
and massing of the building or addition.
· Creation of a Special Rear Yard Setback Reduction for properties abutting
the railroad rights-of-way, 1-95 rights-of-way, canals, lakes, Intracoastal
Waterway, parks, golf courses, and community perimeter walls; public
use, recreation, commercial and industrial zoning districts. This reduction
would decrease the rear setback from 20 feet to 10 feet. This special rear
yard setback Is applicable to one-story additions only.
Mr. Breese stated more than likely the setback is 25 feet and they are suggesting
it be 20 feet, and if you are on a lake, you can actually go to 10 feet. The
Commission has heard from numerous people who had to sell their houses
because they cannot expand. The Code was developed in 1975 and the one
before that was 1962, and has not been updated for a long time. There is a
need to develop a zoning Code that is more in line with what people want to do
tOday. One of the things they heard from the Commission was they want to
make the process simpler. As far as the Accessory Buildings, right now the
regulations on the books state the shed must be a minimum of 12 feet away
from the principle structure, and could be no higher than 7 feet tall. Mr. Breese
stated since a homeowner can now go to a place like Home Depot and buy a
shed that physically attaches to the house, the Code is fairly outdated.
Discussion with the City's Building Code Administrator and the Fire Marshal has
confirmed that there are no issues of concern for allowing sheds in close
proximity, or attached to a house. Staff recommends the following amendments
to the Code:
· Removal of the twelve (12) foot separation requirement between
accessory structures and the principal structure, thereby allowing storage
structures to be immediately adjacent to or attached to the house.
· Allow an increase in maximum height for storage structures from seven
(7) feet to nine (9) feet.
· Retain existing requirements for maximum square footage of storage
structures (100 square feet) and minimum setback requirements (three
(3) feet from rear and side property lines).
Ms. Horenburger questioned if there was a requirement if your house was
situated on a corner and you wanted to build a shed on that side of the house,
would It have to be screened?
Mr. Breese said to the best of his recollection, sheds could be in any yard except
front yards. They can be on a side yard, even If you are on a corner, and he did
not think it would be required to screen it.
15
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
April 12, 2005
Mr. Fenton stated if the subdivision does not allow for a shed, you couldn't have
a shed. Mr. Breese stated, if it was the desire of the Board that a shed which is
not in the rear yard, must be screened, they could add that regulation. Ms.
Horenburger felt it should be a requirement to have the shed screened if it is on
the street frontage.
Mr. Breese stated the other related issue involves wall, fence and hedge
regulations. In an effort to clarify some of the language in the Code, staff
recommends the following minor rewording of the Code:
Fences, hedges and walls shall not exceed six (6) feet in height, above
finished grade, except that in front setbacks, from the building line
forward to the property line, the maximum height shall be four (4) feet.
On corner lots, both road frontages are subject to the four (4) foot height
limitation, in accordance with Chapter 2, Section 4.E., Visual Obstructions.
Mr. Breese stated most fences are made six (6) feet high. Hedges are more
troublesome. There were many historic districts which had high hedges, and the
problem for that was relative to reversing out of your driveway. If your neighbor
has a six-foot high wall, fence or hedge, you would have trouble seeing any
oncoming traffic, or pedestrians.
Mr. Barretta stated if they loosened up the requirements for sheds, they would
probably see a lot more sheds and they are going to potentially be nine feet. He
understood the liability issue in the front setback but wondered if there should be
a prohibition against someone who wanted to screen their shed around the side
and rear with an eight foot fence or wall.
(Mr. DeMarco left the meeting at 8:48 p.m.)
Mr. Breese stated if it is the desire of the Board to look at an eight (8) foot
height in the rear and side property lines, they could take that forward with a
recommendation to the Commission to re-evaluate the six (6) feet.
Vice Chair Tillman stated if they are allowing a shed to go from seven (7) feet to
nine (9) feet, and on the corner lots, even though the shed is on the back of the
property, it Is still viewed by the public, the eight (8) foot hedge is stili not going
to cover it. He thought there should be some exceptions where there are
corners, when dealing with sheds and hedges.
Motion
Ms. Horenburger moved to approve the amendment of the Land Development
Regulations. Motion seconded by Mr. Barretta and unanimously carr/ed.
16
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
April 26, 2005
Chairman Wische noted there was no one in the public audience to address the issue.
Motion
Vice Chair Hay moved to approve the request to abandon a portion of an unimproved
30-foot wide road. Motion seconded by Mr. Casaine and unanimously carried.
B. Code Review
1.
Project:
Agent:
Location:
Description:
LOR Revisions (CORV 05-007)
City Initiated
N/A
Proposal to amend the Land Development
Regulations, Chapter 2, Zoning, Section 4.B,
4.J, and 5.A-5.E, relative to residential district
building setbacks, and regulations for fences,
walls, and sheds
Ed Breese, Principal Planner, presented the item.
../ Building Setbacks
The City Commission requested staff during their review and re-write of the Land
Development Regulations (LDR) to look at the setbacks in the residential districts due to
the magnitude of variance requests that were coming to the City, most of which dealt
with rear yard setbacks. While reviewing rear yard setbacks, staff determined to look at
all the setbacks so homeowners would be able to expand their homes to add an
additional bedroom, meet expanding family needs, etc. In so doing, families would be
able to remain in the City instead of having to move.
Staff will be making the recommendations (1) to reduce rear-yard setbacks in all single-
family zoning districts from 25' to 20'; and (2) to allow an administrative adjustment for
setbacks that could be handled in-house by staff. Mr. Breese reviewed the zoning
changes that staff could administratively adjust regarding setbacks in R-1 AA zoning
districts for single-family homes as follows:
../ Front setbacks of 25' with administrative adjustment could go to 20'.
../ Rear setbacks would be 20' in all districts and with an administrative variance it
could go to 15'.
../ Side setbacks are currently 10' and, with an administrative adjustment, could go
to 8'.
Staff is also recommending the creation of special rear-yard setbacks for properties that
abut railroad tracks, 1-95, lakes, the Intracoastal and properties that do not have a
"neighbor" in their backyard. In these instances, the rear yard setback could go from 20'
to 10'. This category would also include City and private parks.
5
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
April 26, 2005
close a residence. Sheds, however, are prohibited from being placed in the front yard
and must be placed in the rear or side yards.
When this issue was brought before the CRA Board, they recommended sheds be
screened from the street and view, where possible, and especially on corner lots. This
could be done with fencing, a hedge or other type landscaping.
Mr. Rodriguez inquired if there would be restrictions on the color and design of the
sheds. Staff is not recommending this, since it is not done for residences.
Mr. Saberson inquired how close a shed could be built to the rear and side yards. Mr.
Breese stated the current code is 3' from any property line. Staff's recommendation
contains this, as well as allowing sheds to be a maximum of 100 square feet, which is
the current code.
Mr. Rodriguez inquired if a permit was necessary for a shed and was informed a permit
was required. Mr. Breese pointed out that homeowner association rules and regulations
would still prevail over the City's requirements.
Ms. Jaskiewicz inquired why this is now being brought up. Mr. Breese stated the City
continues to receive complaints from people when they find out they can only have a 7'
shed. Also, many people cannot place a shed 12' from their house. As a result, the
City felt this needed to be re-addressed. Mr. Breese pointed out the standard for sheds
is much larger than what the City allows.
Mr. Rodriguez inquired why the City did not recommend 8', which is a standard height
for most ranch homes. Mr. Breese pointed out that currently 9' high fountains are
permitted in yards. Mr. Rodriguez requested staff to reconsider limiting the height of
sheds to 8'. Mr. Casaine pointed out that the standard shed sold at Home Depot is 8'.
Mr. Breese was amenable to recommending 8' instead of 9' to the Commission. Mr.
Saberson recommended that this be included in the motion. There was a consensus to
go with 8'.
./ Fences, Walls and Sheds
The CRA recommended fence heights for side and rear yards be increased from 6' to
8'. Mr. Breese inquired if this Board would also agree with this recommendation. This
would include all types of fencing. Board members agreed to increase the height of
fences to 8'.
Mr. Baldwin inquired where the height of the fence was measured. Mr. Breese pointed
out that a fence is measured from the natural ground.
Mr. Saberson inquired about having a berm and a 6' wall on top and whether this would
still be allowed. Mr. Breese explained PUD's are treated differently and are approved
with a master plan. Staff is looking at single-family homes throughout the City.
7
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
April 26, 2005
accessory buildings would be 8'; and the maximum height for fences, walls and hedges
would be 8'. Motion seconded by Mr. Casaine and unanimously carried.
2. Project:
Agent:
Location:
Description:
Building Colors along selected roadways
(CORV 05-009)
City initiated
N/A
Proposal to amend the Land Development
Regulations, Chapters 4 and 9 to limit building
colors, and require the review/approval for
changes to building colors for buildings located
along Boynton Beach Boulevard, Federal
Highway and Congress Avenue
Mr. Rumpf reported that this item was not ready to be addressed. Attorney Tolces
advised that no action on the Board's part was necessary.
9. Other
None
10. Comments by M~mbers
None
11. Adjournment
.
There being no further business, the meeting properly adjourned at 7:47 p.m.
Respectfully submitted,
~ /t-,.~~
Barbara M. Madden
Recording Secretary
(Apri/27,2005)
9
VIII.-PUBLIC HEARING
ITEM E.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
0 AprilS, 2005 March 14,2005 (Noon.) 0 June 7, 2005
0 April 19, 2005 April 4, 2005 (Noon) 0 June 21, 2005
0 May 3, 2005 April 18,2005 (Noon) IZI July 5, 2005
0 May 17,2005 May 2, 2005 (Noon) 0 July 19, 2005
Date Final Form Must be Turned
in to City Clerk's Office
May 16,2005 (Noon)
June 6, 2005 (Noon)
June 20, 2005 (Noon)
July 5, 2005 (Noon)
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0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM [gI Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
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RECOMMENDATION: Please place this request on the July 5,2005 City Commission Agenda under Public
Hearing. Staff recommends this item be approved, which is necessary to continue processing the "Notice ofIntent", for a
planning study and possible changes to zoning and development regulations applicable to those properties located along the
west side ofN. Seacrest Boulevard, between NW 3rd Avenue and NW 8th Avenue, and currently zoned C-2, Neighborhood
Commercial.
EXPLANATION:
Notice oCIntent (Resolution NO. 05-107) to adopt pending Land Development Amendment.
The Notice ofIntent (NOI) for this planning study was approved by the Commission on June 21,2005. Pursuant to
Ordinance 00-53, which established the NOI process, at the next Commission meeting following approval of the NOI, a
public hearing will be held to provide the forum for the public to address the City Commission relative to a filed NO!.
The study area (a.k.a. "affected area") is described as the properties fronting on the west side of N. Seacrest Boulevard, north
ofNW 3'd Avenue, south ofNW 8th Avenue, and zoned C-2, Community Commercial.
The Notice ofIntent is in effect for 6 months, which is anticipated to be adequate time to complete the analysis and formulate
any necessary recommendations.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
Not approve subject Notice of Intent and redirect staff accordingly.
Develop ent ep City Manager's Signature
;L;J ~<
Planning and g rrector City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\SPECPROJ\NOMgenda Item Request N0l2005-02 N. Seacrest 7-5-05-Q5.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
. i
1
2 RESOLUTION NO. ROS- , 01
3
4
5 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
6 FLORIDA, AUTHORIZING ISSUANCE OF A "NOTICE
7 OF INTENT" ALLOWING STAFF TO REVIEW AND
8 REVISE ZONING REGULATIONS FOR PROPERTIES
9 IN C-2 ZONING DISTRICTS WHICH FRONT ON
10 SPECIFIC ROADWAYS; AND PROVIDING AN
11 EFFECTIVE DATE.
12
13
14
15 WHEREAS, Ordinance 00-53 authorizes temporary moratoriums to allow the City staff
16 and City consultants to study the need for modifications to City development regulations in
17 response to trends on development or redevelopment in the City; and
18 WHEREAS, the United States Supreme Court in its 2002 OpInIOn In Tahoe-Sierra
19 Preservation Council, Inc. v. Tahoe Regional Planning Agency recognized that "interim
20 development controls" are an essential tool of successful development; and
21 WHEREAS, the Commission deems it timely and in the best interest of the City and its
22 residents to undertake review and revision to C-2 zoning regulations. The review development
23 performance standards and site plan characteristics for development of C-2 zoned property that
24 fronts on specific roadways; and
25 WHEREAS, the Commission has authority to initiate the review process by resolution
26 and issuance ofa Notice of Intent; and
27 WHEREAS, the Notice of Intent attached to this Resolution as Exhibit "A" represents a
28 formal announcement of said planning activities, and the period during which time all
29 applications related to development activity proposed within the study area, must be abated; and
30
S:\CA\RESO\Notice of Intent\NOI Resolution C-2 Zoning.doc
2 WHEREAS, tills Notice of Intent will be in effect from the date of adoption and
3 thereafter for a period of 180 days following the date of adoption unless otherwise extended by
4 the City Commission by subsequent Resolution following public hearing.
5 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
6 CITY OF BOYNTON BEACH, FLORIDA, THAT:
7
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
8 being true and correct and are hereby made a specific part of this Resolution upon adoption
9 hereof.
10 Section 2. The City Commission of the City of Boynton Beach, Florida does
11 hereby does hereby issue the Notice of Intent attached hereto as Exhibit "A".
12 Section 3. That this Resolution shall become effective city-wide in C-2 zoned
13 properties that front on the west side of North Seacrest Boulevard between N.W. 3Td Avenue
14 and N.W. 8th Avenue.
Section 4.
The Notice of Intent shall posted and copies provided as required by
15
16 Ordinance 000-053.
17 Section 5. No application for development activity witilln the scope of the study
18 shall be accepted by the City following the date of adoption of this Resolution and during the
19 study period. No application for a development activity within the scope of the study shall be
20 further processed by the City, following the date of adoption of this Resolution during the
21 study period, unless the application was filed prior to the adoption date of tills Resolution.
22
23
24
S:\CA\RESO\Notice ofIntent\NOI Resolution C-2 Zoning.doc
2
2
PASSED AND ADOPTED this 6l' day of June, 2005.
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19 ATTEST:
20
21
22
2
.~
S:\CA \RESO\Notice of Intent\NOI Resolution C-2 Zoning.doc
CITY OF BOYNTON BEACH, FLORIDA
~ ton~r fV~
commissioh
3
NOTICE OF INTENT TO ADOPT
PENDING LAND DEVELOPMENT AMENDMENT
NOI #2005-02
STATEMENT OF PURPOSE AND SCOPE OF STUDY
The purpose of this Notice of Intent is to declare, in anticipation of an amendment to the Future
Land Use Map, Official Zoning Map and Land Development Regulations, a study period to:
1. Evaluate recommendations within the Heart of Boynton Redevelopment Plan for
residential use on properties within the affected area;
2. Study the development potential oflots within the affected area under both the existing
zoning and zoning proposed in the Heart of Boynton Redevelopment Plan;
3. Consider potential impacts upon adjacent neighborhoods from both existing zoning and
zoning proposed by the Heart of Boynton Redevelopment Plan; and
4. Consider amendments to the Land Development Regulations to minimize impacts of
development in the affected area upon the adjacent neighborhoods.
AFFECTED AREA
All properties currently zoned C-2, Neighborhood Commercial that front along the west side of
N. Seacrest Boulevard, between NW 3rd Avenue and NW 8th Avenue.
GENERAL DESCRIPTION OF POSSIBLE RECOMMENDED AMENDMENTS TO LAND
DEVELOPMENT REGULATIONS (LDR) AND/OR FUTURE LAND USE MAP AND
OFFICIAL ZONING MAP
1. Amendment of Land Development Regulations to include the affected area within the
Urban Commercial District Overlay code amendments providing for decreased front
setbacks;
2. Amendment of Land Development Regulations involving parking, landscaping, lighting
and design standards to mitigate potential impacts on residential neighborhoods; and/or
3. Reclassification and rezoning of the affected area in accordance with the Heart of
Boynton Redevelopment Plan.
AFFECT ON DEVELOPMENT IF REGULATION ADOPTED OR IF LAND IS
RECLASSIFIED AND REZONED
If findings support the recommendation from the Heart of Boynton Redevelopment Plan, the
affected area could be proposed for reclassification and rezoning for single-family homes, and
developed accordingly. If findings support development and use as currently zoned, development
would ultimately be in accordance with the reduced front setbacks proposed by the Urban
Commercial District Overlay amendment. Future development would also adhere to any new
regulations adopted to minimize impacts upon adjacent neighborhoods, and may include but not
be limited to landscaping, buffering, access, parking, lighting, and building height and design.
C:\Documents and Senings\prainitoj\Local Settings\Temporary Internet Files\OL.KD\Notice of Jntent (NOI).doc
EXISTING SECTIONS OF THE LAND DEVELOPMENT REGULA TIONS OR
REDEVELOPMENT PLANS WHICH ARE THE SUBJECT OF THE STUDY AND MAY BE
AMENDED
LDR, Chapter 2. Zoning
LDR, Chapter 7.5, Article II - Landscape Code
LDR, Chapter 9 - Community Design Plan
LDR, Chapter 23, Parking Lots
Heart of Boynton Redevelopment Plan
PROJECTED TIME FRAME FOR STUDY
One Hundred and Eighty (180) days from the date of approval of this Notice by the City
Commission.
The planning study including formulation of recommendations is estimated to take 6 months. If
additional time is required to complete the study due to the scope or magnitude of the regulatory
changes, a request for extension may be requested by the Development Department. The City
Commission, following public hearing on the request for extension may extended this Notice of
Intent for an additional period as specified by the City Commission at the time of extension.
STAGE OF THE REVIEW PROCESS THAT THE STUDY PERIOD AND PENDING
REGULATION WOULD AFFECT
Effective on adoption of this Notice, no application for site plan approval, major site plan
modification, conditional use, reclassification or rezoning within the Affected Area deemed
incomplete shall be processed and no new applications for such requests shall be accepted nor
processed during the period that this Notice is in effect.
ADDITIONAL NOTICE
1. The Notice of Intent shall be posted in the Development Department and in the notice
case located at the main entrance to City Hall.
2. A copy of the Notice ofIntent shall be mailed to the Chamber of Commerce.
3. Following issuance of this Notice of Intent, the notice shall be provided to all applicants
who may be potentially affected by the pending study and regulatory changes. This
notice shall be provided to those individuals by mail, facsimile, electronic mail or in
person. Comments including written objections to the Notice of Intent, shall be accepted
by the I?evelopment Department Director from recipients of this notice.
The failure by the City Clerk to provide notice as set forth in this section or the lack of awareness
of any potentially affected applicant shall not invalidate the applicability of this notice.
Dated:
Adopted by Resolution number R05- J 0"1 of the City Commission of the City of Boynton
Beach, Florida the ~ , day o(~.~_, 2005:
By:
C\Documents and Settings\prainitoJ"\Local Settings\Temporary Internet FiJes\OLKD\Notice oflntent (NOI).doc
DEPARTMENT OF DEVELOPMENT
Memorandum PZ 05-116
FROM:
Kurt Bressner,
City Manager
Quintus Greene, At
Development Director{;Y \
Michael Rumpfr10V
Planning & Zoning Director
June 27, 2005
Notice of Intent for planning study -
C-2 zoned properties along west side of N. Seacrest Boulevard
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This project and recommendation has been initiated from discussions held in
conjunction with the processing of the Urban Commercial District Overlay zoning
amendment. The overlay project would, in part, reduce front setbacks applicable to
those commercially zoned parcels fronting along roadways such as Federal Highway
and Boynton Beach Boulevard, which are eligible for the new redevelopment zoning
districts (Le. Mixed Use-High and Mixed Use-Low). The intent of the overlay
amendment is consistent with redevelopment initiatives and mixed-use districts by
requiring buildings to be placed closer to the front property line, and moving parking
areas to the side or rear; both contributing to a more pleasant streetscape. Without the
Overlay amendment, unless all properties are developed within a new mixed-use
district, or the CBD district, there will be no pedestrian-friendly streetscape established
by consistent building setbacks. Instead, the streetscape would be broken up by
intermittent projects developed in a conventional zoning district that still has minimum
setbacks that encourage parking areas within the front setback.
The subject proferties are located along the west side of N. Seacrest Boulevard,
between NW 3r Avenue and NW 8th Avenue, and are currently zoned C-2 (see
attached location map). Staff did not recommend these properties to be included in the
Urban Overlay given its conflict with the Heart of Boynton Redevelopment Plan. The
redevelopment plan recommends that these properties located along Seacrest
Boulevard ultimately be developed for single-family homes, consistent with the
established neighborhoods to the west. Staff opines that the reduced front setback
allowed by the Overlay amendment, would increase the developability of these lots for
commercial uses, inconsistent with recommendations of the adopted redevelopment
plan.
Given this conflict, the eRA Board recommended that the circumstance be further
studied and that zoning in progress provisions of the code prevent further development
in the interim.
The NOI represents a formal announcement of said planning activities, study period,
and temporary additional regulations applicable to development within the affected area.
The study area (a.k.a "affected area") is again described as the properties fronting on
the west side of N.Seacrest Boulevard, north of NW 3rd Avenue, south of NW 8th
Avenue, and zoned C-2, Community Commercial. The effective period of the Notice of
Intent was established by Resolution #05-107, and is 6 months following approval on
June 21,2005. In accordance with city regulations, the public hearing scheduled for July
5, 2005 is required to follow the approval of the resolution for the NOt, to provide for
public comment.
S:\Planning\SHARED\WP\SPECPROJ\Zoning in Progress\NOI 2005-02 (Seacrest)\Staff report for public hearing.doc
LOCATION MAP
C-2 PROPERTIES
Exhibit A
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VIII.-PUBLIC HEARING
ITEM F.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be
Commission Meetino Dates Turned in to City Clerk's Office
Requested City Commission Date Final Form Must be
Meetino Dates Turned in to City Clerk's Office
D April 5, 2005
D April 19/ 2005
D May 3, 2005
D May 17, 2005
March 14, 2005 (Noon.) D June 7, 2005
April 4, 2005 (Noon) D June 21/ 2005
April 18/ 2005 (Noon) l8J July 5, 2005
May 2, 2005 (Noon) D July 19/ 2005
(
June 6/ 2005 (Noon}' ;
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June 20, 2005 (Noonr.:::;
'0
NATURE OF
AGENDA ITEM
July 5/ 2005 (Noon) -0
-"";0
--"<0-..-
D Development Plans r0
.'
D New Business .-
c::'J
D Legal
D Unfinished Business
D Presentation
J! ,__
D Administrative
l8J Consent Agenda
D Public Hearing
D Bids
D Announcement
D City Manager's Report
RECOMMENDATION: That the Commission consider the separate recommendations of both the staff and the
Community Development Block Grant review committee for funding activities in preparation of the City's One
Year Action Plan for FY 2005-2006.
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EXPLANATION: The City Of Boynton Beach in its ninth (9th) year of receiving Federal Grant Funds. The
Acton Plan is being developed with activities listed that show how the use of these funds will address the needs
of the Community. Proposals were received as a result of public advertisement, with a workshop held for those
interested in the process and/or eligibility requirements. A committee comprised of the following Citizens
reviewed the applications:
Beverly Agee
Brian Edwards
Angela Girtman
Myra Jones
Attorney
United Way Vice President of Resource & Development
Director of Treasure Chest Pre-School/Day Care
Palm Beach County School District Teacher
PROGRAM IMPACT: The Community Development Block Grant (CDBG) Program's purpose is to help the
City of Boynton Beach meet the needs of its lower income residents by offering a wide range of Community
Development Activities. These include, but are not limited to, infrastructure improvements, family development,
public services, housing and recreational needs, as well as fund administration by the City.
FISCAL IMPACT: The City Of Boynton Beach expects to receive $602,322 for this program to continue its
Community Development efforts.
ALTERNATIVES:
discontinue its revi
Beach would
De
Department of Development
Community Improvement Division
Department Name
s: \ Community Improvement\Agenda Requests\2005\CC7-5-0SCDBGRecommend.dot
MEMORANDUM
To:
From:
Kurt Bressner, City Manager
Quintus Greene, Development Director~
June 17, 2005
Date:
Re:
CDBG Allocation for FY 2005/2006
The anticipated Community Development Block Grant (CDBG) allocation for the
2005/2006 fiscal year is $602,322. This represents an approximate 5 percent reduction
from the amount received for the current year and is seven percent below the amount
received in 2003/2004 fiscal year.
As you know the Bush Administration has indicated a desire to eliminate the CDBG
program entirely by consolidating it, along with 17 other programs from five federal
departments, into what is called a "Strengthening America's Communities Initiative" that
will be administered by the Commerce Department. Funding for this consolidated
initiative would be $3.7 billion compared to $5.6 billion for these 18 programs in the
current fiscal year, a reduction of 33 percent.
Although it now appears that Congress is unlikely to approve the President's initiative,
the House Budget Committee is, nevertheless, recommending a $250 million reduction
in CDBG funding for the next fiscal year as well as no funding whatsoever for the
Section 108 Loan Program. If you recall, the City applied for a $2.5 million Section 108
Loan two years ago in order to fund Phase I property acquisition and relocation in the
Heart of Boynton redevelopment project area.
Given the uncertainty surrounding the future of the CDBG program and the steadily
declining levels of funding, combined with the continuing need for resources to
implement Phase I of the Heart of Boynton Project, staff considers it preferable to devote
as much CDBG funding as possible toward the Heart of Boynton Project. Accordingly,
staff does not support the diversion of any FY 2005/2006 CDBG funding to any
community sub-recipients.
Nevertheless, staff recognizes that, given the history of the CDBG program in Boynton
Beach, there has developed a public expectation that the work of certain non-profit
community organizations justified some form of contribution from the allowable public
service portion of the CDBG allocation. Therefore, in keeping with this expectation, and
in the absence of any other specific direction, staff convened a diverse citizen's
committee, as it had done in previous years, to evaluate the CDBG applications
submitted by various community organizations.
The CDBG Review Committee members for this year were:
Beverly Agee -
Brian Edwards -
Angela Girtman -
Myra Jones -
Attorney
United Way Vice President of Resource and Development
Director of Treasure Chest Pre-school/Day Care
Teacher, Palm Beach County School District
Although City staff made themselves available as a technical resource to the Committee,
City staff members did not serve on the Committee, did not participate in the evaluation
of any of the CDBG funding applications and had no part in shaping the Committee
recommendations.
Accordingly, the following represents the requested amounts and the separate staff and
Committee FY 2005/2006 CDBG funding recommendations:
Grant Amount FY 2005/2006 $602,322 Request Committee Staff
Recommendation Recommendation
PUBLIC SERVICE
Aid to Victims of Domestic Assault 15,000 $15,000 -0-
Citizens Concerned About Our Children 5,000 7,500 -0-
Community CarinQ Center 30,000 30,000 -0-
Summer Camp Scholarships (Citv of BB activities) 11,800 11 ,800
Fair Housing 10,000 10,000 10,000
OTHER SERVICES
Bovnton Beach Faith Based CDC (Affordable Housing) 69,065 50,000 -0-
PBC Resource Center (Economic Dev.) 35,000 25,000 -0-
PBC Resource Center (Micro-Business Dev.) 179,050 -0- -O-
R. M. Lee CDC (Senior Housing/Social Services) 80,000 130,000 -0-
Planninq & Administration 120,464 120,464
Housing Rehab & Delivery 202,558 260,058
Heart of Boynton -0- 200,000
TOTAL $363,115 $602,322 $602,322
S:\Community Improvement\memOS\200S\CMOMemo08CDBGFYOS06.doc
XI. - NEW BUSINESS
ITEM A.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
D Apri] 5, 2005
D April 19, 2005
D May 3, 2005
D May 17,2005
March 14,2005 (Noon.)
D June 7, 2005
D June 2], 2005
t8J July 5, 2005
D July] 9,2005
May 16,2005 (Noon)
April 4, 2005 (Noon)
June 6, 2005 (Noon)
NATURE OF
AGENDA ITEM
D Administrative
D Consent Agenda
D Public Hearing
D Bids
D Announcement
D City Manager's Report
C')
June 20, 2005 (Noon) c-:-) ,:-):.:j
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D Presentation
April 18, 2005 (Noon)
May 2, 2005 (Noon)
RECOMMENDATION: Designate a voting delegate for the 79th Annual Florida League of Cities Conference - August 18
- 20, 2005 in Orlando, FL.
EXPLANATION: It is important that the City designate one person to be the voting delegate. Policy development, election
of League leadership and adoption of resolutions are undertaken during the business meeting. One official from each city will
make decisions that determine the direction ofthe League. Vice Mayor McCray and Commissioner McKoy and both
attending the conference.
PROGRAM IMPACT: NM
FISCAL IMPACT: N/A
ALTERNATIVES: Not appoint a voting delegate.
Department Head's Signature
~
City Manager's Signature
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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FLORIDA LEAGUE OF CITIES, INC.
301 South Bronough Street, Suite 300 . P.O. Box 1757 . Tallahassee, FL 32302-1757
(850) 222-9684 . Suncom 278-5331 . Fax (850) 222-3806 . Web site: www.flcities.com
A
TO:
Municipal Key Official
95 ·
FROM:
Michael Sittig, Executive Director
DATE:
June 6, 2005
SUBJECT:
79th Annual Conference - Face to Face!
VOTING DELEGATE AND RESOLUTION INFORMATION
August 18-20,2005 Orlando World Center Marriott
As you know, the Florida League of Cities' Annual Conference will be held at the Orlando
World Center Marriott in Orlando, Florida on August 18-20. This year's theme, Face to Face
will provide valuable educational opportunities to help Florida's city officials serve their
citizemy more effectively.
It is important that each city designate one person to be the voting delegate. Policy
development, election of League leadership and adoption of resolutions are undertaken during
the business meeting. One official from each city will make decisions that determine the
direction of the League.
In accordance with the League's by-laws, each city's vote is determined by population, and
the League will use the Estimates of Population from the University of Florida for 2004.
Registration materials have already been sent to each city. Call us if you need additional
copies. We have attached the procedures your city should follow for presenting resolutions to
the League membership. If you have any questions on voting delegates, please call Gail
Dennard at the League at Suncom 278-5331 or (800) 616-1513, extension 256. If you have
questions regarding resolutions, please call Allison Payne Suncom 278-5331 or (800) 616-
1513, extension 116. Resolutions forms must be received by the League no later than July
8, 2005 and Voting delegate forms must be received by the League no later than July 20,
2005.
Attachments:
Form Designating Voting Delegate
Procedures for Sobmitting Conference Resolutions ~ I ~ ~ ~ 8~ :E I~
CITY MANAGER'S OFFICE
President Clay Ford, Mayor Pro Tem, Gulf Breeze
First Vice President Julio Robaina, Council President, Hialeah. Second Vice President Rene Flowers, Councilwoman, St. Petersburg
Executive Director Michael Sittig. General Counsel Harry Morrison, Jr.
79th Annual Conference
Florida League of Cities, Inc.
August 18-20,2005
Hollywood, Florida
It is important that each member city sending 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 to serve as the
city's voting delegate.
Please fill out this form and return it to the League office so that your voting delegate may be
properly identified.
Desienation of V otine Deleeate
Name of Voting Delegate:
Title:
City of:
AUTHORIZED BY:
Name
Title
Return this form to:
Gail Dennard
Florida League of Cities, Inc.
Post Office Box 1757
Tallahassee, FL 32302-1757
or Fax to Gail Dennard at (850) 222-3806
Procedures for Submitting Resolutions
Florida League of Cities' 79th Annual Conference
Orlando World Center Marriott, Orlando, Florida
August 18-20,2005
In order to fairly systematize the method for presenting resolutions to the League
membership, the following procedures have been instituted:
(1) Proposed resolutions must be submitted in writing, to be received in the League
office by July 8, 2005, to guarantee that they will be included in the packet of
proposed resolutions that will be submitted to the Resolutions Committee.
(2) Proposed resolutions will be rewritten for proper form, duplicated by the League
office and distributed to members of the Resolutions Committee. (Whenever
possible, multiple resolutions on a similar issue will be rewritten to encompass the
essential subject matter in a single resolution with a listing of original proposers.)
(3) Proposed resolutions may be submitted directly to the Resolutions Committee at
the conference; however, a favorable two-thirds vote of the committee will be
necessary to consider such resolutions.
(4) Proposed resolutions may be submitted directly to the business session of the
conference without prior committee approval by a vote of two-thirds of the
members present. In addition, a favorable weighted vote of a majority of members
present will be required for adoption.
(5) Proposed resolutions relating to state legislation will be referred to the appropriate
standing policy committee. Such proposals will not be considered by the
Resolutions Committee at the conference; however, all state legislative issues will
be considered by the standing policy committees and the Legislative Committee,
prior to the membership, at the annual Legislative Conference each fall. At that
time, a state Legislative Policy Statement will be adopted.
Cities unable to formally adopt a resolution before the deadline may submit a letter to the
League office indicating their city is considering the adoption of a resolution, outlining the
subject thereof in as much detail as possible, and this letter will be forwarded to the
Resolutions Committee for consideration in anticipation of receipt of the formal
resolution.
Important Dates
June 3, 2005
Notice to Local and Regional League Presidents and Municipal Associations
regarding the Resolutions Committee
July 8
Appointment of Resolutions Committee Members
July 8
Deadline for Submitting Resolutions to the League office
AU2ust 18
League Standing Committee Meetings
Resolutions Committee Meeting
V oting Delegates Registration
AU2ust 20
Immediately Following Luncheon - Pick Up Voting Delegate Credentials
Followed by Annual Business Session
J~~"rY".2t;'
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XI. - NEW BUSINESS
ITEM B.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 5,2005 March 14,2005 (Noon.) 0 June 7, 2005 May 16,2005 (Noon)
0 April 19, 2005 April 4,2005 (Noon) 0 June 21, 2005 June 6,2005 (Noon)
0 May 3, 2005 April 18,2005 (Noon) [8J July 5, 2005 June 20, 2005 (Noon)
0 May 17, 2005 May 2, 2005 (Noon) 0 July 19,2005 July 5, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda [8J New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION:
Preliminary discussion of City pension systems
EXPLANA TION: The City Commission has requested a review of the City's three pension systems in light of
significant cost impact to the City to assure adequate funding of current and future pension participants. All three pension
funds use a "smoothing" method to calculate any amount that may be required by the City and employees to fund pension
obligations. The assumed rate of return combined and investment targets is evaluated annually with the actuarial projections
(expected pension obligations for current and future beneficiaries). For Fiscal 2005-06 the estimated contribution by the City
to meet the projected pension obligations is as follows:
General Employees Pension Fund $2,851,454 (Please see budget history and projections attached)
Police Pension Fund $2,106,022 (Please see budget history and projections attached)
Firefighters Pension Fund $1,439,048 (Please see budget history and projections attached)
The current obligations ofthe City are set forth in the City code and are approved by the City Commission upon
recommendation of the three pension funds. On July 19th, the Finance Director and City Manager will be presenting a
recommendation to the Commission to retain the services of an independent pension consultant to assist the City in review of
current pension plans and proposed amendments to the plan. The pension consultant will be basically responsible for the
following basic services:
I. Review the existing plan designs and the general management of the plans to ensure long-term stability of plan assets
and to make specific recommendations to the City Manager and City Commission for change, if so required.
2. Review the plans' benefit structure and make specific recommendations for change, if needed.
3. Review the current actuarial assumptions as prepared by the plans' actuarial and review funding assumptions to
ensure long-term solvency of the plans.
4. Analyses of the current DROP provisions of each plan, and provide recommendations for change, if needed.
5. Provide detailed report of findings and recommendations for changes based on the review of each plan.
6. Meet with the Board of Trustees of each Pension Plan to explain any findings or recommendations as well as answer
questions and concerns.
7. Provide supplemental actuarial and financial analysis to any proposed amendment submitted to either the City
Manager or City Commission.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PROGRAM IMPACT: Preliminary discussion only.
FISCAL IMPACT:
Preliminary discussion only.
AL TERNA TIVES:
Do not pm,,,d with ,xt,rnal p,n,ion "vi,w by '~
City Manager's Signature
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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XII. - LEGAL
ITEM A.l
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
D April 5, 2005 March 14,2005 (Noon.) D June 7, 2005
D April 19,2005 April 4, 2005 (Noon) D June 21, 2005
D May 3,2005 April 18,2005 (Noon) [8] July 5, 2005
D May 17,2005 May 2,2005 (Noon) D July 19, 2005
Date Final Form Must be Turned
in to City Clerk's Office
May 16,2005 (Noon)
June 6, 2005 (Noon)
June 20, 2005 (Noon)
July 5, 2005 (Noon)
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D Administrative D Development Plans
NATURE OF D Consent Agenda D New Business
AGENDA ITEM D Public Hearing [8] Legal
D Bids D UnfInished Business
D Announcement D Presentation
D City Manager's Report
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RECOMMENDATION: Please place this request on the July 5,2005 City Commission Agenda under Legal,
Ordinance - Second Reading. The City Commission approved this item on June 21, 2005 under Legal, Ordinance - First
Reading. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-
040.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Quantum Park MU Height (CDR:V 05-006)
Eugene Gerlica, P .E., Quantum Group of Companies
Quantum Group of Companies
Quantum Park PID
Request amendment to the Land Development Regulations to increase the allowable
building height from 45 feet to 75 feet, with conditional use approval, in Mixed Use
(MU) PODs of the Planned Industrial District (PID) regulations.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
d4~
Developmet
City Manager's Signature
kJ~
Planning and Zo g DIrector City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\SPECPROJ\CODE REVlEw\CDRV 05-006 QP MU Height\Agenda Item Request Quantum Pk MU Height CDRV 05-006 7-5-
05 2nd reading-back.dot
S:\BULLETIN\FORMS\AGENDA lTEM REQUEST FORM.DOC
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ORDINANCE NO. 05-D83
AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS, CHAPTER 2., SECTIONS 7 H. 14
AND 7 P. 1. e. TO ALLOW A MAXIMUM
BUILDING HEIGHT EXCEEDING FORTY-FIVE
FEET IN HEIGHT BUT NOT EXCEEDING
SEVENTY-FIVE (75) FEET IN HEIGHT IN A PID
MIXED USE POD, PROVIDING APPLICATION
FOR BUILDING WITH A HEIGHT EXCEEDING
FORTY-FIVE (45) FEET SHALL BE PROCESSED
AS A CONDITIONAL USE; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFlCATION
AND AN EFFECTIVE DATE.
WHEREAS, the City's PID Land Development Regulations limit building height to
orty-five (45) feet; and
WHEREAS, the City Commission has considered recommendations from City staff
hat buildings in PID mixed use PODS be permitted to a height of seventy-five (75) feet
ubject to conditional use review/approval;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
HE CITY OF BOYNTON BEACH, THAT:
Section 1.
Each Whereas clause set forth above is true and correct and herein
ncorporated by this reference.
Section 2.
ollows:
That Chapter 2. Section 7 H. 14 of the LDR is hereby amended by as
14. Maximum Building Height. No building or appurtenances thereof
within the PID zoning district shall exceed forty-five (45) feet in height,
with the exception of buildings in a Mixed Use POD pursuant to Section
7.P.l.e.1.
-~---
Section 7.P.1.e Maximum Structure Height. Mechanical equipment which
exclusively serves the structure shall not be included in the calculation of height.
~:\Documents and Settings\alibrandij\LocaJ Settings\Temporarv Internet FiJes\OLKD4\Quantum Park
~ight.docS:'.C^, 'Ordinunces\PlunTling\Quantum Park Height.doc
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e.! Maximum Building Height. The maximum building height within a
Mixed Use Pod shall not be greater than five (5) stories and shall be belo\-v the Florida
Building Code thresholds for a high rise classification.75 feet. Any building
exceeding 45 feet in height shall be processed as a conditional use.
Section 3.
That Chapter 2. Section 7 P. l.e of the LDR is hereby amended by
reating new sections as follows:
e.2. Building Height Measurement. Building height shall be measured
from the lowest finish floor slab elevation of the proposed building to the peak
of the stmcture, including any architectural details. stairwells. elevator shafts,
etc.
e.3. Height Setback Envelop. Minimum building setbacks shall be based
on building heights for buildings greater than forty-five (45) feet in height.
The height setback envelop is applicable where the Mixed Use development is
adjacent to an existing developed single-family residential zoning district
outside the PID. This minimum setback shall be three (3) times the building
height for any multifamily or nonresidential structure. The setback shall be
measured from the common boundary of the PID and the existing single:
family residential zoning district of the midpoint of any intervening right-of-
way.
Section 4.
Each and every other provision of Chapter 2, Section 7 of the Land
evelopment Regulations, not herein specifically amended shall remain in full force and
ffect as previously enacted.
Section 5. All ordinances or parts of ordinances in conflict herewith be and the
ame are hereby repealed.
Section 6.
Should any section or provision of this ordinance or portion hereof,
ny paragraph, sentence or word be declared by a court of competent jurisdiction to be
nvalid, such decision shall not affect the remainder of this ordinance.
Section 7.
Section 8.
Authority is hereby granted to codify said ordinance.
This ordinance shall become effective immediately upon passage.
FIRST READING this AL day of ~u.n~
, 2005.
antum Park
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SECOND, FINAL READING AND PASSAGE this
day of
005.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
TTEST:
Commissioner
'ity Clerk
Commissioner
CORPORA TE SEAL)
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05-040
TO: Chair and Members
Planning and Development Board
THROUGH: Michael W. Rumpf
Director of Planning and Zoning
FROM: Ed Breese ~
Principal Planner
DATE: March 4, 2005
SUBJECT: CODE REVIEW (CDRV 05-006)
Quantum Park PID (Maximum BuJlding Height In Mixed Use Pods)
NA'I'IJRE OF REOUEST
Mr. Eugene Gerlica, representing Quantum Group of Companies, is requesting an amendment to the City's
Land Development Regulations to allow an increase in the maximum allowed height in excess of the 45-
foot limitation contained within. the Quantum Park Planned Industrial District (PID). The request is
specific to the Mixed Use (MU) pods in Quantum Park (see Exhibit "A" -Justification Statement).
BACKGROUND
The City's Land Development Regulations Chapter 2, Section 7.H.14 establishes the maximum building
height within Planned Industrial Districts (PID). According to the current regulations, "No building or
appurtenances thereof shall exceed forty-five (45) feet in height". To date, the residential construction
OCcurring within Quantum Park has been primarily townhomes and apartments, which complied with the
4S-foot height limitation. As a result of the most recent Quantum Park DR! amendment (NOPC #15),
approved by the City Commission on February IS, 2ooS, providing for an increase in the allowable
number of dwelling units by lOS, the Quantum Group would like to make provision for a vertical
condominium residential option.
ANALYSIS
The requested amendment would affect only those properties within a Planned Industrial District (PID)
designated with a Mixed Use (MU) land use. Mixed Use pods only exist within the Quantum Park PID.
Staff reviewed the Quantum Park Master PIan (see Exhibit "B" - Quantum Park Master Plan), and the
only lots containing the "Mixed Use (MU)" designation are noted as follows:
Lots 7-11 & 23-31: These lots are located on Quantum Boulevard, north of Gateway Boulevard and were
approved for a townhouse development by DR Horton in 2002 mown as Quantum Townhomes Bast &
West (now called Parkside). This project is nearlybuilt-out.
Page 2
CDRV 05-006
Lots 59-61 & 101: These lots are located on Quantum Lakes Drive, south of Gateway Boulevard and were
approved for a rental apartment development by Olen Development in 2000 known as Quantum Lakes
Villas. This project is complete.
Lots 62-67 & 100: These lots are located on the south side of Gateway Boulevard, just west of High Ridge
Road and were approved for an office, retail and rental apartment development by Olen Development in
2002 known as Quantum Park and Village South. The rental apartment component of this project is under
construction.
Lots 83-88 & 89-B: These lots are located on the north side of Gateway Boulevard, abutting High Ridge
Road and were approved for an office, retail and townhouse development in 2002. The townhouse project
(now called Canterbury) is actually on both sides of High Ridge Road, north of Gateway Boulevard and is
currently under construction by Westbrooke Homes.
The total acreage of the above-noted projects and designated for "Mixed Use(MU)" within Quantum Park
is 94.86 acres, which is approximately 17% of the total acreage of the DR! (553.13 acres). Additionally,
only two of the "Mixed Use (MU)" pods are near the fringe of the PID, abutting single-family residential.
First is the Quantum Park and Village North project, which abuts a vacant tract of land to the west that is
zoned single-family. Second is the Parlcside townhouse project, which, as stated earlier, is nearly built-out
and which abuts the L WOD E-4 Canal to the west and across the canal is the Dos Lagos residential
community.
It would appear, at the present time, the only "Mixed Use (MU)" designated parcels that may be able to
take advantage of the additional 1 05 dwelling units would be either Quantum Park and Village South or
Quantum Park and Village North, since the office and retail components of these projects has not begun
construction. The subdivision master plan for either of these sites would require a formal modification and
review in front of the Board and City Connnission to incorporate the additional units while reducing other
approved uses on the site.
Based upon discussions staffhas had with Olen Development, and their recent submittal for a Master Plan
Modification and Major Site Plan Modification, they would intend to amend the plans for Quantum Park
and Village South to accommodate the additional dwelling units, while redesigning the office and retail
components. As justification for the request for additional height, Quantum states that "An increase in
height will encourage the conservation of natural amenities by accomplishing the vested development
intensities in a vertical manner in contrast to the land sprawl of lower height development".
During discussions with The Quantum Group of Companies, they were encouraged to review the Suburban
Mixed Use (SMU) regulations to understand how the City previously addressed a similar request. As a
result, Quantum proposes the following changes to the Planned Industrial Development (PID) regulations:
Revise Section 7.H.14 - Maximum BuDding Height, as follows:
Section 7.H.J4 - Maximum Building Height. No building or appurtenances thereofwithin the
PID zoning district shall exceedforty-ftve (45) feet in height. with the exceDtion ofbulldines In
a Mixed Use POD pursuant to Section 7.P.J.e.J.
Renumber and revise Section 7.P.l.e - Maximum Structure Height, as follows:
~~~ ::~.!.~ MalII""" StlwetN1'8 Height }'feehtl1tlul SffIipmertt whieh s-elWJively aervea
the stnletrwe altsll Net be INe/fldei/1N the IKillBfllalieN ofl.elgltt.
Section l.P.J.e.n MtlXlmum Building HeI8ht. The maxlm.um build in, height within a Mixe4.
Page 3
CORV 05..006
Add two (2) new subsections, as follows:
As part of the requested code review, staff studied the Suburban Mixed Use (SMU) regulations, which
allow mixed use in a vertical configuration, allow a height comparable to that being requested by the
applicant, make provisions to safeguard adjacent single family residential COtmnunities, and is being
utilized in the immediate vicinity in conjunction with the Renaissance Connnons project.
SIIMMARy
As a result of staff's analysis of the proposed changes submitted by the applicant and staff's review of the
existing SMU regulations, staff reconunends the following amendments to the PID district regulations,
which vary slightly from those suggested by the applicant:
Revise Section 7.H.14 - Maximum BuDding Height, as follows:
Section 7.fl.I" - Maximum Building Height No building or appurtenances thereof within the
PlD zoning district shall exceedforty-five (45) feet in height.,with.the exceotion ofbuiIdings in.
a Mixed Use Pod pursuant to Section 7.P.I.e.
Amend Section 7.P.I.e. - Maximum Structure Height, as follows:
::::::;;'all~='"o.. ~u;;,,,,,:!::~...t1V!tteh ~_
(JJ 171. ":ot/dill,:;~ :':ll be :~= ~ ~~ ::::.~~:
the lJroposed butldine or fro e mln ~
Page 4
CDRV 05-006
FEMA. whichever is hi~hest. to the peak qf the Structure. includinf any
architectural details. rooftop equipment. stairweris. elevator sh~&. e;~.
(2) Height Setback E"veloDe. Minimum building setbacks shall be based on
buildim! heights for buildings greater than fOrlY-five (45) feet (~h:fht. ~: hei;!,t
setback envelope is applicable where the Mixed Use devel~'pment _ adiap_ .t to an
existing developed single-familv residential zoni1(, district outside the 1/). This
minimum setback shall be three (3) times the buildin, he~h: for a~v resi:en~~ or
mixed use Structure. The setback shall be measured fro _ Jte common _oUlLary
o the PID and he existin sin le- amil residential zonin dis 'c or th mid. oint
of anv intervenin, rillht-of-wll,v.
The slight changes recommended by sta~ from the language proposed by the applicant, involve: (one) _
the further defining (clarifying) of height in feet, rather than in stories; (two) - the utilization of SMU
language in requiring structures between SS and 7S feet in height to be treated as a Conditional Use and
denoting that height exceptions are not allowed; (three) - the addition ofFEMA floodplain criteria as an
additional.option in determining the base of measurement for height.
RECOMMENDATION
Staff recommends that staff's proposed amendments to Chapter 2. Zoning of the City's Land Development
Regulations, specific to height regulations within the Mixed Use pods of PID zoning districts, be
approved. It is staff's opinion that the Mixed Use components of Quantum Park share many of the traits of
the Suburban Mixed Use (SMU) zoning district being utilized at Renaissance Commons (former Motorola
site), and similar regulations appear appropriate.
J:\mIlDATA\PLANNINGISHAREDIWP\PIlOJBCTS\QUANl'UM PAU.\MU POD HEIGHT CDIlV.DOC
~~ QUAN ;-UM
~Dr- G R 0 U P 0 F COM PAN I E S
EXHIBIT A
January 18,2005
Mr. Michael W. Rumpf, Director
City of Boynton Beach
Oepartment of Development
Planning & Zoning Division
100 East Boynton Beach Boulevard
Boynton Beach, FL 33425
RE: Quantum Park DRI
CODE REVIEW - PID - MAXIMUM BUILDING HEIGHT
Dear Mr. Rumpf:
Pursuant to a proposed development order condition for the pending NOPC for the above
referenced project we are requesting a code review, or more precisely a zoning code text
change, to accommodate the intended development. Provided with this request are the
following items.
1. Code Review Application Fee of $250.00, Check No. 1331, made payable to The
City of Boynton Beach.
. 2. Quantum Park PID Code Review Request Justification Statement and Discussion,
dated Janwuy 2005.
~lease review the enclosed Justification Statement and schedule this Request for
Consideration at the earliest possible date by the Planning and Development Board and
subsequently by the City Commission. Final consideration of this Request by the City
Commission on or before Febnuuy IS, 2005 will not adversely impact the Project
development schedule.
If you should have any further questions, please feel free to contact me at any time.
S~cerely,
Eugene A: Oerlica, P .E.
00: Doug MacDonald
David Noms, Esq. Cohen, Noms, et. aI., (w/encl)
Igor Olenicoft; Olen Development, (w/encl)
Steve Fllce, Olen Development, (w/encl)
F.-\Qltanllml LImltdlNOPCl S CODE RlWIBfr BIdg HtlRlunp/-IJr.CDRJ1200S-1_10.tIoc
/2500 Quantum leIces Drive. Suite 101
Bovnton Beach. R. 33426
(561) 74().2447 . Fax: (5611740-2429
e-mail: quantgrpOqgc.cc
QUANTUM PARK PID
CODE REVIEW REQUEST
JUSTFICATION STATEMENT AND DISCUSSION
INTRODUCTION AND PURPOSE
Quantum Park is zoned Pill; it is greater than 500 acres in size and contains
a Mixed Use POD consisting of four (4) locations. This Code Review is
requested to propose a zoning text change that will allow building heights in
excess of the current maximum building height of 45 feet within the Mixed
Use POD of Quantum Park PID. This Code Review request is submitted
pursuant to a proposed development order condition of the pending DRI-
NOPC. and Master Site Development Plan amendment currently under
. consideration by the City.
JUSTIFICATION STATEMENT AND DISCUSSION
- A maximum building height greater than 45 feet will allow Quantum Park to
optimize the stated intent and putpose of the PID district as set.forth in the
Code. Please consider the following.
An increased building height will better satisfy current demands for
Mixed Use lands by encouraging development which reflect changes in
land development trends relating to the topographic variety of the
Quantum. Park site.
An increased building height will encourage the conservation of natural
amenities by accomplishing the vested development intensities-in a
vertical manner in contrast to the land sprawl of lower height -
developments.
An increased building height will permit economies in providing public
services.
I DR! - Development of RegioualImpact, Nope - Notice of Proposed Change
QUANTUM PARK. PID - CODB RBVIBW REQUEST
1anuary 2005
F:lQuantum Llmlted\NOPClJ CODE REJ'JEW JJItIg HtlCODE REYlEW-RvJ.doc
Page 1 of4
An increased building setback is proposed for buildings greater than 45
feet in height. The height setback envelope criteria will 'eliminate
adverse impacts to existing adjacent single-family zoned lands.
Over the years Quantum Park has evolved into a complex Mixed Use
development. Please consider the following historical perspective. In 1984,
Quantum Park was envisioned to be an emulation of the Silicon Valley type
development in California. Quantum Park with over 4.0 million square feet
of building area proposed for research ,and development companies would
compliment the newly constructed Motorola Plant and the ffiM campus in
Boca Raton. In 2005, the Motorola Plant is gone, ffiM is gone and the
development in Quantum Park includes nearly 2.0 Mil square feet of
warehouse/distribution space, a High School, a commuter train station, a
, City Park, a private drug and alcohol rehabilitation facility, 1,000 residential
units and a proposed police and fire station.
Quantum Park and the City of Boynton Beach have evolved to include these
desirable Mixed Use pockets of development complete with high-density
residential and commercial space in close proximity. The high density and
close proximity are key to promote the pedestrian use of connectivity
'facilities. Other examples of the mixed~use developments are the marina
project, the CRA and the Rennisance project. These mixed-use projects
include building heights in excess of 45 feet, some as great as 75 feet.
Quantum Park may well be the most unique site topographically in Palm
Beach County. The water management tracts are some of the lowest in the
County at elevation 8.00, while the nafural grades are some of the highest at
elevations in excess of 40.00. The constructed finish floor elevations vary
ftom'elevation 14.50 to in excess of elevation 35.00. An increased maximum
building height, particularly at the lower elevations, is not only appropri&te,
but also desirable~
The proposed text amendment regarding the increased maximum building
height will provide the Code criteria that will allow taller multifamily
residential buildings. The individual homes may be a single floor product in
contrast to the multistory residential units now existing in Quantum Park
An additional housing product of this nature can be offered consuming less
land area prov~ded the maximum building height is increased.
QUANTUM PARK PID - CODBRBVIEw REQUEST
January 2005
F:l0<<mtunr LlmlledWOPClS CODE REI'1EII' BIdg HJICODE REI'lEW-RvJ.d~
Page 2 of4
CODE SECTION REFERENCE
Chapter Two of the Code of Ordinances is the Boynton Beach Zoning Code.
Section Seven (7) is the Planned Industrial Development District Code.
Text amendments to the following subsections of this Section are proposed
to address the maximum building height request.
Section 7 .H.14 - Maximum Building Height
Section 7.P.1.b - Definitions
Section 7.P .t.e - Maximum Structure Height
[This area left intentionally blank]
QUAN'IUM PARK PID - CODE REVIEW REQUEST
January 2005
. F:lQuantum Umtti!dWOPCIS CODE REJ'IEW BIdg HtICODE REJ'IEW-RvJ.doe
Page 3 of4
PROPOSED ZONING TExT CHANGES
Revise Section 7 .H.14 - Maximum Building Height, as follows:
Section 7.H.14 - Maximum Building Height No building or
appurtenances thereof within the PID zoning district shall exceed
forty-five (45) feet in height, with the exception of buildings in a
Mixed Use POD pursuant to Section 7.P.l.e.l).
Renumber and revise Section 7.P .l.e - Maximum Structure Height, as
follows:
Section 7.P.l.e.l) Maximum Building Height. The .maximum
building height within a Mixed. Use Pod shall not be greater than
five (5) stories and shall be below the Florida Building Code.
thresholds for a high-rise classification.
Two (2) new subsections are proposed, as follows:
Section 7.P.l.e.2). Building Height Measurement. Building height
shall be fI.Ieasured from the lowest finish floor slab elevation of the
proposed building to the peak of the structure, including any
architectural details, stairwells, elevator shafts ete.
Section 7.P.1.e.3). Height Setback Envelop. Minimum building
setbacks shall be based on building heights for buildings greater
than 45 feet in height. The height setback envelope is applicable
where the JrlXed Use development is adjacent to an existing
developed single-family residential zoning district outside the PID.
This minimum setback shall be three (3) times the building height
for any multifa1!'ily or nonresidential structure. The set back shall
be measuredfrom the commo.n boundary of the pm and the
existing single-family residential zoning district or the midpoint of
any intervening right-of-way.
QUANTUM PARK-PID -CODE RBVmW REQUEST
lanuary 2005
F:~I.lmJtdWOPClj CODE RlMEW BWgHt'CODE~.RvJ.doc
Page 4of4
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ORDINANCE NO. 05-
AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS, CHAPTER 2., SECTIONS 7 H. 14
AND 7 P. 1. e. TO ALLOW A MAXIMUM
BUILDING HEIGHT EXCEEDING FORTY-FIVE
FEET IN HEIGHT BUT NOT EXCEEDING
SEVENTY-FIVE (75) FEET IN HEIGHT IN A PID
MIXED USE POD, PROVIDING APPLICATION
FOR BUILDING WITH A HEIGHT EXCEEDING
FORTY-FIVE (45) FEET SHALL BE PROCESSED
AS A CONDITIONAL USE; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION
AND AN EFFECTIVE DATE.
WHEREAS, the City's PID Land Development Regulations limit building height to
forty-five (45) feet; and
WHEREAS, the City Commission has considered recommendations from City staff
that buildings in PID mixed use PODS be permitted to a height of seventy-five (75) feet
subject to conditional use review/approval;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, THAT:
Section I.
Each Whereas clause set forth above is true and correct and herein
incorporated by this reference.
Section 2. That Chapter 2. Section 7 H. 14 of the LDR is hereby amended by as
follows:
14. Maximum Building Height. No building or appurtenances thereof
within the Pill zoning district shall exceed forty-five (45) feet in height,
with the exception of buildings in a Mixed Use POD pursuant to Section I.
7.P.l.e.1.
~:t= :.~! .e .! fmtimllftl S....elHr. Height. Me~ -:t:: ~-hiek
exeIHsi'/cly serves the s~ctHre shall Bot be inelHaed ia ili;~~ io . t.
e.l Maximum Building Height. The maximum building height within a
Mixed Us. Pod shall nol b. ~er than live :s~ .leri~~oI1 &e &oIe\ll,e Fleri~
BHilding Cede threshelds f{lF a hiJl ris lassi '.75 feet. An buildin
exceeding 45 feet in heil!ht shan be processed as a conditional use.
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Section 3.
That Chapter 2. Section 7 P. l.e of the LDR is hereby amended by
creating new sections as follows:
c.2. Building Height Measurement. Building height shall be measured
from the lowest finish floor slab elevation of the proposed building to the peak
of the structure. including any architectural details. stairwells. elevator shafts.
etc.
e.3. Height Setback Envelop. Minimum building setbacks shall be based
on building heights for buildings greater than forty-five (45) feet in height.
The height setback envelop is applicable where the Mixed Use development is
adiacent to an existing developed single-family residential zoninlZ district
outside the PIn. This minimum setback shall be three (3) times the building
height for any multifamily or nonresidential structure. The setback shall be
measured from the common boundary of the PID and the existing single-
familv residential zoning district of the midpoint of anv intervening right-of-
way.
Section 4. Each and every other provision of Chapter 2, Section 7 of the Land
Development Regulations, not herein specifically amended shall remain in full force and
effect as previously enacted.
Section 5. All ordinances or parts of ordinances in conflict herewith be and the
same are hereby repealed.
Section 6. Should any section or provision of this ordinance or portion hereof,
any paragraph, sentence or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the remainder of this ordinance.
Section 7. Authority is hereby granted to codify said ordinance.
Section 8. This ordinance shall become effective immediately upon passage.
FIRST READING this _ day of , 2005.
2005.
SECOND, FINAL READING AND PASSAGE this day of
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
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Development staff response to Issues related to Code Review CDRV 05-006
April 5, 2005
1. Definition of five-story building -- without a companion height limitation, how high
theoretically can the building be? There is nothing in the staff report to indicate how high
a five-story building would be. Assuming a 12' ceiling height, a five-story building,
exclusive of elevator and AC equipment would be 60 feet. Per the SMU code, the
maximum building height by right is 55 feet. The petitioner in this instance has requested
authorization of "five-story buildings" as opposed to the underlying PID allowance of
buildings having a maximum height of 45 feet. Further, the SMU code as referenced in the
staff report does allow for increased height of buildings in the SMU district between 55 feet
and 75 feet subject to special review and setback regulations. In summary, I am concerned
that the petitioner's request for authorization of a five-story building lacks specificity and
will result in interpretive problems for the staff and Commission. The building height
should be expressed in feet not stories. That said the visual impact of five-story buildings
along Gateway must be addressed by staff. This was not done in the staff report.
The Staff Report Summary recommends revising Section 7.P.1.e of the Planned
Industrial District (PID) regulations to read as follows:
Section 7.P. 1.e - Maximum Buildina Heiaht. The Mixed Use Dods within the P/D shall
allow for a heiaht of fiftY-five (55) feet for mixed use and residential buildinas. Buildina
heiahts between fifty-five {55} feet and a maximum of seventy-five f75} feet shall be
processed as a Conditional Use. No exceDtions to the maximum he;aht shall be
allowed.
Staff does not consider the 10 foot difference, between the currently allowed 45 foot
height to the midpoint of a pitched roof with the possibility of being granted an
undetermined height exception and the maximum 55 foot height to the top of a roof with
no exceptions, to be significant. The 75-foot height limit can only be achieved by going
through the conditional use process. As a result staff does not consider the visual
impact along Gateway to differ significantly from what can be built now.
2. What does "shall faU below the Florida Building Code thresholds for a high-rise
classification" mean? This is not explained in the staff report. H this is an exception to any
f"lI'e code provisions, the FD may have objections to the proposed language. Will the new
high-rise regulations to our fire code apply to the PID? The staff report needs to address
this matter.
This statement should more correctly reference Ordinance No. 04-005 which amended
Chapter 9, Article 2 of the City Code concerning Fire Protection and Prevention, which
defines "High Rise" as six stories or 75 feet.
3. The staff report recommends deploying the set-back provisions of the SMU in the
Quantum PID - however, as noted above, this may be a moot point as there is no
contiguous single family property for vacant lots, I believe. The only area which I saw
adjacent to single-famUy is the MU lots 23-31, which have been developed. As land use
policy, the provisions of the SMU Code per Ordinance 04-011 are clear as to the intent that
the SMU designation is a special case with limitations ...
The only existina single family is Dos Lagos adjacent to lots 23 -31. However, it is
possible that future single-family adjacencies could occur at parcels 83, 87 and 88. The
recommendation by staff is based on a vision for the future, which would allow
intensification, by height based on subsequent and required NOPC applications and/or
substantial deviations to the DR/. To add additional units or square footage above the
current threshold of the DRI, fonnal applications would be required and reviewed
accordingly. Rather than creating a new system, based on the similarities in location
and use with the SMU, the general components of the SMU were applied.
4. I did not see any language that would seek to evaluate the SMU provisions for usable
open space at the Quantum PID. Your staff needs to address whether such requirements
are appropriate or beneficial to the MU area of Quantum PID. This is an important and
integral element of balancing increased height and density. How would and should the SMU
Building and Site Regulations apply to the Quantum Site? I ask this because it appears that
the staff report only addressed setback requirements associated with higher buildings.
The Quantum Park PID has it's own open space requirements which it had originally
met, including setting aside 40 acres of preserve, a 25' and 40' foot perimeter buffer,
right-of-way plantings, and multiple retention ponds with littoral plantings. The subject
and preceding NOPC amendments have not represented intensifications of the
DRI/Master Plan, but a shifting of uses under the maximum thresholds. The additional
height allowed should not be viewed as an intensification but as a vertical use of
capacity. Therefore, this should not necessarily be viewed as the opportunity to apply
more restrictions disproportional to the request.
5. What is the basis for the developer's desire to increase the DU's by 105 units? What is
the hardship imposed that would allow such an increase in density? The only item I could
see in the developer's presentation package is that the topography of the area is low. (See
page 2 of 4 of the Developer's justification statement.) With this proposal, what will be the
final number and distribution of residential units in the area depicted as Exhibit B to the
staff report? What is the density for the proposal?
The question as to the basis for the developer's desire to increase DU's by 105 units
would appear to be academic in light of the City Commission's Approval of Ordinance
No. 05-013 on February, 152005, which approved the NOPC allowing the additional 105
dwelling units. The DRI application does not state any hardship, nor is the applicant
required to provide that type of justification. From day one, when residential units were
initially allowed into the PID via the prerequisite amendments, residential units have
been allowed consistent with the Comprehensive Plan subject only to a FAR and not a
density limit.
6. What impact wlll this petition have, if granted, on the Mixed Use designated parcels in
the Quantum PID? Based on what has been constructed and what is vacant in these areas,
what can we expect? Also, could the commercial/office area on the north side of Gateway
(Lots 83-88) be converted to residential, or has the development of these parcels been
assured as non-residential?
More residential development on Lots 83-88 could occur but would likely trigger a formal
process to amend the master site plan for that mixed-use pod. A certain level of
additional units, if vertical or well integrated would be generally supported by staff.
XII. - LEGAL
ITEM A.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetinl! Dates in to City Clerk's Office Meetinl! Dates in to City Clerk's Office
D AprilS, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16,2005 (Noon)
D April 19,2005 April 4, 2005 (Noon) D June 21, 2005 June 6, 2005 (Noon)
D May 3, 2005 April 18, 2005 (Noon) [gJ July 5, 2005 June 20, 2005 (Noon)
D May 17,2005 May 2, 2005 (Noon) D July 19, 2005 July 5,2005 (Noon)
D Administrative D Development Plans
NATURE OF D Consent Agenda D New Business
AGENDA ITEM D Public Hearing ~ Legal
D Bids D Unfinished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION: Please place this request on the July 5,2005 City Conunission Agendaunder Legal,
Ordinance - Second Reading. The City Conunission approved the subject request under Public Hearing and Legal,
Ordinance - First Reading on June 21, 2005. Further details pertaining to the request, see attached Department of
Development Memorandum No. PZ 04-272.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
Florida Public Utilities (ABAN 05-001)
Christopher Canino
Florida Public Utilities Company
South side of Old Boynton Road approximately 300 feet west of Winchester Park
Boulevard
Request to abandon a portion of an unimproved 30- foot wide road.
DESCRIPTION:
PROGRAM IMPACT:
FISCAL IMP ACT:
ALTERNATIVES:
N/A
N/A
N/A
~
City Manager's Signature
h-(J-z 91/
Planning and ~nmg Director City Attorney / Finance / Human Resources
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ORDINANCE NO. os-oab
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, AUTHORIZING ABANDONMENT
OF THE REMAINING PORTION OF AN
UNIMPROVED 30 FOOT WIDE ROAD RIGHT-OF-
WAY LOCATED ON THE SOUTH SIDE OF OLD
BOYNTON ROAD; (ABAN 05-001), SUBJECT TO
STAFF COMMENTS; AUTHORIZING THE CITY
MANAGER TO EXECUTE A DISCLAIMER, WHICH
SHALL BE RECORDED WITH THIS ORDINANCE IN
THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Florida Public Utilities is requesting abandonment of the remammg
portion of an unimproved, 30 foot wide road right-of-way located on the south side of Old
Boynton Road approximately 300 feet west of Winchester Park Boulevard, situated between a
small parcel ofland to the east (owned by the Florida Public Utilities) and a large parcel ofland
to the west used as a water retention area for Wal-Mart, subject to staff comments; and
WHEREAS, comments have been solicited from the appropriate City Departments, and
public hearings have been held before the City's Planning and Development Board, and the Cit,
Commission on the proposed abandonment; and
WHEREAS, staffhas determined that the roadway provides no public service; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The foregoing Whereas clauses are true and correct and incorporated
herein by this reference.
Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby
abandon the remaining portion of an unimproved, 30 foot wide road right-of-way located on the
south side of Old Boynton Road approximately 300 feet west of Winchester Park Boulevard,
situated between a small parcel ofland to the east (owned by the Florida Public Utilities) and a
large parcel of land to the west used as a water retention area for Wal-Mart, subject to staff
comments, and more particularly described in the attached Exhibit "A." A location map is
attached hereto as Exhibit "B."
Section 3. The City Manager is hereby authorized and directed to execute the
attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records
of Palm Beach County, Florida.
Section 4.
This Ordinance shall take effect immediately upon passage.
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FIRST READING this a. I day of JYJl~
.,2005.
SECOND, FINAL READING AND PASSAGE THIS _day of
,2005.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
S:ICAIOrdinanceslAbandonmentslAbandonment - Portion of Old Boynton 05-001.doc
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach,
Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon
the remaining portion of an unimproved, 30 foot wide road right-of-way located on the south
side of Old Boynton Road approximately 300 feet west of Winchester Park Boulevard,
situated between a small parcel ofland to the east (owned by the Florida Public Utilities) and
a large parcel ofland to the west used as a water retention area for Wal-Mart, subject to staff
comments, and more particularly described in the attached Exhibit "A".
IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton
Beach, Florida, have hereunto set their hands and affixed the seal of the City this _
day of May, 2005.
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
Janet Prainito
City Clerk
Kurt Bressner, City Manager
STATE OF FLORIDA
)
)ss:
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and
Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach,
Florida, known to me to be the persons described in and who executed the foregoing
instrument, and acknowledged the execution thereof to be their free hand and deed as
such officers, for the uses and purposes mentioned therein; that they affixed thereto the
official seal of said corporation; and that said instrument is the act and deed of said
corporation.
WITNESS my hand and official seal in the said State and County this _ day of
May, 2005.
NOTARY PUBLIC, State of Florida
My Commission Expires:
S:\CA\OrdinanceslAbandonmenlslAbandonmenl - Portion of Old Boynton 05-00l.doc
EXHIBIT "A"
A portion of the 30-foot right-of-way lying west of and adjacent to Tract 42 as shown on the
SUBDIVISION of Section 19, Township 45 South, Range 43 East, Palm Beach County, according to
the plat thereof recorded in Plat Book 7, Page 19, of the Public Records of Palm Beach County,
Florida, said portion lying South of the right-of-way line of Old Boynton Road (as currently laid out and
in use) as recorded in O.R.B. 4276, Page 1105 of the Public Records of Palm Beach County, Florida,
and more particularly described as follows:
BEGINNING as a point on the west line of said Tract 42, 20 feet south of its original northwest tract
corner (said point being on the existing south right-of-way line of Old Boynton Road), thence run
southerly along said west line of Tract 42, a distance of 252.13 feet to a point on the north line of a
drainage easement as described in O.R.B. 10939, Page 1451, Public Records of Palm Beach County,
Florida, thence run westerly along said north line of said drainage easement a distance of 30 feet to a
point on the east line of Tract 45 as shown on aforesaid plat of the SUBDIVISION of Section 19 (said
east line being also the east line of Tract "A" (stormwater easement) of the plat of WAL*MART AT
BOYNTON BEACH, as recorded in Plat Book 94, Pages 140 & 141, of the said Public Records of
Plan Beach County, Florida), thence run northerly along the east line of said Tract 45, a distance of
253.67 feet to a point on the said existing south right-of-way line of said Old Boynton Road, thence run
easterly along said south right-of-way line a distance of 30 feet to the POINT OF BEGINNING.
SUBJECT TO a 15-foot utility easement over the west 15 feet thereof.
CONTAINING 0.17 acres, more or less.
S:\CA\OrdinanceslAbandonmentslAbandonment. Portion of Old Boynton 05-001.doc
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 04-272
TO:
Chair and Members
Planning & Development Board
THRU:
Michael W. Rumpf
Planning and Zoning Director
FROM:
Eric Lee Johnson, AICP
Planner
~
DATE:
April 18, 2005
SUBJECT: Abandonment of a portion of a 3D-foot right-of-way
ABAN 05-001
NATURE OF REOUEST
Mr. Christopher Canino, representing Florida Public Utilities, is requesting to abandon a portion of an unimproved
3D-foot right-of-way, located on the south side of Old Boynton Road. This unimproved right-of-way is situated
between a small parcel of land to the east (owned by the florida Public Utilities) and a large parcel of land to the
west used as the water retention area for Wal*Mart. The abandonment request was submitted on October 12,
2004. The platted right-of-way is 30 feet wide and slightly more than 250 feet long. It is described as follows:
A portion of the 3D-foot right-of-way lying west of and adjacent to Tract 42 as shown on the SUBDIVISON
of Section 19, Township 45 South, Range 43 East, Palm Beach County, according to the plat thereof
recorded in Plat Book 7, Page 19, of the Public Records of Palm Beach County, Florida, said portion lying
South of the right-of-way line of Old Boynton Road (as currently laid out and in use) as recorded in O.R.B.
4276, Page 1105 of the Public Records of Palm Beach County, Florida, and more particularly described as
follows:
BEGINNING as a point on the west line of said Tract 42, 20 feet south of its original northwest tract corner
(said point being on the existing south right-of-way line of Old Boynton Road), thence run southerly along
said west line of Tract 42, a distance of 252.13 feet to a point on the north line of a drainage easement as
described In O.R.B. 10939, Page 1451, Public Record of Palm Beach County, Florida, thence run westerly
along said north line of said drainage easement a distance of 30 feet to a point on the east line of Tract 45
as shown on aforesaid plat of the SUBDIVISION of Section 19 (said east line being also the east line of Tract
"A" (stormwater easement) of the plat of WAL *MART AT BOYNTON BEACH, as recorded In Plat Book 94,
Pages 140 & 141, of the said Public Records of Palm Beach County, Florida), thence run northerly along the
east line of said Tract 45, a distance of 253.67 feet to a point on the said existing south right-of-way line of
said Old Boynton Road, thence run easterly along said south right-of-way line a distance of 30 feet to the
POINT OF BEGINNING.
Subject to a 15 foot utility easement over the west 15 feet thereof.
Although not Indicated on the sketch, the applicant has Informed staff that the subject right-of-way 15 0.17 acres In
area. The Exhibit "A" - location Map shows the general vicinity of the right-of-way to be abandoned. The Exhibit
"B". "Proposed Abandonment" shows the exact location of the subject site and its legal description. The following 15
a description of the land uses and zoning districts of all properties that surround the subject right-of-way.
Page 2
Memorandum No. PZ 04-272
ABAN 05-001
North -
Right-of-way for Old Boynton Road, then farther north is developed commercial (Boynton
Beach Mall), zoned Community Commercial (C-3);
South -
Undeveloped drainage easement within the Wal*Mart Supercenter, farther south is an
access driveway into the Wal-Mart Supercenter, zoned Community Commercial (C-3);
East
Undeveloped property currently owned by Florida Public Utilities, zoned Community
Commercial (C-3), then further east is developed commercial property (Steak & Shake),
zoned Community Commercial (C-3), still farther east is right-of-way for Winchester Park
Boulevard; and
West -
Developed commercial (retention area and then further west is the main access road for
Wal*Mart), zoned Community Commercial (C-3).
BACKGROUND
Wal*Mart Stores, Incorporated, received site plan approval in August of 1999 to develop a Wal*Mart Supercenter
Store, located on the northwest corner of Boynton Beach Boulevard and Winchester Park Boulevard. The plat,
originally approved in 1917, showed a 3D-foot wide street right-of-way running north to south across the subject
property. The majority of said 3D-foot right-of-way had been previously abandoned and incorporated within the
Wal*Mart property. The subject abandonment request is for the remaining unimproved road right-of-way, that
''''Ints on Old Boynton Road and runs southward, terminating along the northern boundary line of an east-west
.linage easement. At one time, this unimproved roadway segment was part of a series of rights-of-way, most of
which were abandoned in February of 2000 per Ordinance 00-005 and became part of the Wal*Mart development.
This abandonment request would complete the abandonment of the entire right-of-way. The property located
directly to the east of the subject right-of-way is owned by Florida Public Utilities. It formerly operated as a Gate
Station but is currently operating as a Regulating Station for Florida Public Utilities.
ANALYSIS
When a right-of-way, such as this unimproved roadway, is abandoned, the ownership of the abandoned land is
transferred from the City of Boynton Beach to the abutting property owner(s). Typically, two (2) properties would
be affected by an abandonment request. Normally, one-half of the right-of-way is conveyed to one (1) abutting
property owner and the other half is conveyed to the other abutting property owner. Adequate public notice was
given to all affected property owners in accordance with Chapter 22, Article III, Section 4 of the Land Development
Regulations. All public utility companies have been notified and the abandonment request has been advertised in
the local newspaper. The applicant requesting this abandonment is the owner of the property to the east, Florida
Public Utilities
When this request for abandonment was originally submitted in October of 2004, the applicant provided a sketch
showing only a portion of the unimproved roadway to be abandoned, leaving a segment of the right-of-way intact.
No public utility providers had issue with the subject request. However, upon further review, the City's Utilities
Division recommended that the applicant revise the sketch and intended abandonment to Include the entire defunct
right-of-way to avoid any remnants. The applicant revised the sketch and re-submitted the request for
-' "'Indonment. A summary of the responses from the utility companies and city staff Is noted as follows:
Page 3
Memorandum No. PZ 04-272
ABAN 05-001
CITY DEPARTMENTS/DIVISIONS
Engineering
Public Works / Utilities
Planning and Zoning
No objection
Approval with conditions (see Exhibit "C" - Conditions of Approval)
No objection
PUBLIC UTILITY COMPANIES
Florida Power and Light
BellSouth
Florida Public Utilities Company
Cable Company (Adelphia)
Cable Company (Comcast)
No response (see Exhibit "C" - Conditions of Approval).
No objection
No objection
No objection
N/A
Excluding Florida Power and Light, all public utility providers have indicated that they have no objection to the
applicant's request for abandonment. As of today, no response has yet been received from Florida Power and Light.
No abandonment request would be complete until an affirmative response is received (see Exhibit "C" - Conditions
of Approval). Also, the Utilities Division is requiring that a utility easement be dedicated over the western half (15
feet) of the abandoned portion of the right-of-way. A dedication of a utility easement would grant the City legal
access to the property for maintenance or upgrade purposes.
RECOMMENDATION
Staff has determined that the subject right-of-way does not serve a public purposel and therefore is recommending
approval of the request to abandon the 30-foot unimproved roadway as described above, subject to the comments
included in Exhibit "C" - Conditions of Approval. Any additional conditions recommended by the Planning &
Development Board meeting or City Commission will be placed in Exhibit "C" - Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\Florida Public Utilities\ABAN 05-001\Staff Report.doc
Exhibit 'A' - Location Map
o 100 200
I
400
600
800
. Feet
w.'
...v., .&.V..LP ClL\. QV.I. 0"" 000';::
-A 'POition'Oftlte 3O-foot right-of-way lying West of and adjacent to Tl'lIct 42 8S shown on the SUBDIV'SION of Sectlon 19, TownshIp 46 SOl,.Ith,- _
Range 43 East, Palm Beach COunty, according to the plst thereof reoorded In Plat Book 7. Page 19. of the Publlo Records of Palm Beach County
Florida. said portion lying South of the right-of-way line of Old Boynton Road (as CUrrently lalrl nlll I'1'I....'n lJao) QO I'OOQrdcd 'n CR.e, 4tTO, Page
11M M ~ho Public Re>ootd" of P'cdru 8t1t1ct1 county. "IOrlda, and more particularly described 8S follows:
t'LA YUBLIC l1TlLS
C^MltJ. I
..B"
BEGINNING as point on the west line of said Tract 42, 20 feet IIOutll of Its origInal northwest tract comer (said poInt being on thE! existing south
right-of-way line of said Old Boynton Road). thence run &outherfy along said west line of Tmct 42, a distanoe of252.13 feet to a point on the north
Rne of 8 drainage ~sement as described In O.R.B. 10939, Page 1451, Publio Record of Palm aeach County, Florida. thence /'\In westerly along
,aid north line of said dlll/nage easement 8 distance of 30 reet to a pornt on the east line of Tl'8cl 45 8S shown on afo~sald plat of th~
SUBOIVISION of Section 19 {said easlline being also the east line otTract 'A' (storrnwater easement) of the plat ofWAl*MART AT BOYNTON
BEACH. 8$ recorded in Plat Book 94, Pages 140 & 141, of the said Public Records of Palm Beach County, Florida), thlilnce nm northerly along the
east line of laid TIBet 45, a dlstanoe of 253.67 feet to rei poinl on the said existing souttJ right-of-way line of said Old Boynton Road. thence run
ells1erly along said south right-of.way line a distance of 30 feet 10 Ihe POINT OF BEGINNING.
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EXHIBIT "e"
Conditions of Approval
Project name: Florida Public Utilities
File number: ABAN 05-001
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments:
1. Subject to a 15 foot utility easement over the west 15 feet thereof. X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
PUBLIC UTILITY PROVIDERS
Comments:
Conditions of Approval
2
DEPARTMENTS INCLUDE RElLA..d
2. Abandonment request requires an affirmative response from Florida Power & X
Light prior to the second reading of the ordinance.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
3. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
4. To be determined.
S:\Planning\SHARED\WP\PROJECTS\Florida Public Utilities\A8AN 05-001\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Florida Public Utilities
l\PPLlCANTS AGENT: Mr. Christopher Canino, Engineering Manager / Florida Public Utilities
APPLICANTS ADDRESS: 401 South Dixie Highway West Palm Beach, FL 33401
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
May 17, 2005
TYPE OF RELIEF SOUGHT: Request abandonment of a portion of a 30-foot unimproved road right-of-way
LOCATION OF PROPERTY: Generally located at the southwest corner of Winchester Park Boulevard and
Old Boynton Road, more particularly located directly west of undeveloped
land, zoned C-3.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
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 & Development Board, which Board found as follows:
OR
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the relief
sought by the applicant and heard testimony from the applicant, members of city administrative staff and the
public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with the
requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set forth on
Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms and
conditions of this order.
7. Other
1A TED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Florida Public Utllities\ABAN 05-001\DO.doc
XII. - LEGAL
ITEM A.3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D April 5, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16, 2005 (Noon)
D April 19,2005 April 4,2005 (Noon) D June 2 I, 2005 June 6, 2005 (Noon)
D May 3, 2005 April 18,2005 (Noon) r8l July 5, 2005 June 20, 2005 (Noon)
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D May 17,2005 May 2, 2005 (Noon) D July 19,2005 July 5, 2005 (Noon)
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NATURE OF v".)
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D Bids D Unfinished Business
D Announcement D Presentation
D City Manager's Report
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RECOMMENDATION: SECOND READING- Proposed Ordinance No. 05-023 RE: Request to enter into a new
thirty (30) year electric franchise agreement with Florida Power & Light Company (FPL) providing for the payment offees to
the City of Boynton Beach for the nonexclusive right and privilege of supplying electricity and other services within the City
free of competition from the City of Boynton Beach, pursuant to certain terms and conditions.
EXPLANATION: The City currently has a thirty (30) year electric franchise agreement with Florida Power & Light
Company (FPL), the terms of which are set forth in Ordinance No. 76-9, passed and adopted March 16, 1976. This franchise
agreement will expire in March 2006 and FPL has submitted a new proposed thirty (30) year agreement. FPL actually ftrst
submitted the new franchise agreement to the City last year, but at the time, City staff raised a number of questions regarding
its application to various capital projects. In particular, staff was concerned that the franchise agreement was not speciftc
regarding the City's right to have poles relocated to facilitate sidewalk construction. The franchise agreement was very
detailed regarding highway construction yet there was no reference to sidewalks. This was problematic to staff because the
City has begun, and will continue, to install sidewalks near elementary schools. FPL has assured staff that even though the
franchise agreement is silent regarding sidewalks, FPL has provided assurance that poles will be relocated in the public right
of way at utility expense where necessary in order to construct sidewalks for public use. This is a standard franchise
agreement that FPL has with other municipalities. They will be or have already recommended this same franchise agreement
to the City of Boca Raton, the Town of Gulfstream, the City of Parkland, and the City of Lauderdale Lakes as their original
franchise agreements expire.
PROGRAM IMPACT: NONE
FISCAL IMPACT: The proposed new agreement has a new funding formula that will increase the annual franchise fees paid
to the City. The new formula will compute the monthly payments at 5.9% of billed revenues based on 100% of FPL' s billed
revenues, less actual write-offs, from the sale of electrical energy to residential, commercial and industrial customers for the
monthly billing period ending 60 days prior to each payment. The old agreement provided for 6.0% of billed revenues, but
the ftrst eleven months' payments were based on 90% of FPL's billed revenue, with the 10% holdback being paid out in the
last month of each annual cycle. In addition, the old agreement deducted the ad valorem taxes paid by FPL during that annual
cycle. An analysis and comparison of the last annual cycle (April 2003-March 2004) is attached for your review. The new
proposed franchise fee formula would have generated an additional $275,076 or 8.28% in franchise revenues during the last
annual cycle. The new formula also enhances the cash flow of the City, as we are not waiting eleven month for the 10%
holdback.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
ALTERNATIVES: The City would have to supply electricity to residents of Boynton Beach or negotiate a franchise
agreement with another electric service provider.
Department Name
Department Head's Signature
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. 05 -09..1
2
3
4 AN ORDINANCE GRANTING TO FLORIDA POWER &
5 LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN
6 ELECTRIC FRANCHISE, IMPOSING PROVISIONS AND
7 CONDITIONS RELATING THERETO, PROVIDING FOR
8 MONTHLY PAYMENTS TO THE CITY OF BOYNTON
9 BEACH, AND PROVIDING FOR AN EFFECTIVE DATE.
10
11
12 WHEREAS, the City Commission of the City of Boynton Beach, Florida recognizes
13 that the City of Boynton Beach and its citizens need and desire the continued benefits of electric
14 service; and
15 WHEREAS, the provision of such service requires substantial investments of capital
16 and other resources in order to construct, maintain and operate facilities essential to the provision
17 of such service in addition to costly administrative functions, and the City of Boynton Beach
18 does not desire to undertake to provide such services; and
19 WHEREAS, Florida Power & Light Company (FPL) is a public utility which has the
20 demonstrated ability to supply such services; and
21 WHEREAS, there is currently in effect a franchise agreement between the City of
22 Boynton Beach and FPL, the terms of which are set forth in City of Boynton Beach Ordinance
23 No. 76-9, passed and adopted March 16, 1976, and FPL's written acceptance thereof dated
24 March 29, 1976 granting to FPL, its successors and assigns, a thirty (30) year electric franchise
25 ("Current Franchise Agreement"); and
26 WHEREAS, FPL and the City of Boynton Beach desire to enter into a new agreement
27 (New Franchise Agreement) providing for the payment of fees to the City of Boynton Beach in
28 exchange for the nonexclusive right and privilege of supplying electricity and other services
S :\CA \Ordinances\FPL Franchsie Agreement.doc
1 within the City of Boynton Beach free of competition from the City of Boynton Beach, pursuant
2 to certain terms and conditions, and
3 WHEREAS, the City Commission ofthe City of Boynton Beach deems it to be in the
4 best interest of the City of Boynton Beach and its citizens to enter into the New Franchise
5 Agreement prior to expiration of the Current Franchise Agreement;
6 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
7 CITY OF BOYNTON BEACH, FLORIDA:
8 Section 1. There is hereby granted to Florida Power & Light Company, its successors
9 and assigns (hereinafter called the "Grantee"), for the period of 30 years from the effective date
10 hereof, the nonexclusive right, privilege and franchise (hereinafter called "franchise") to
11 construct, operate and maintain in, under, upon, along, over and across the present and future
12 roads, streets, alleys, bridges, easements, rights-of-way and other public places (hereinafter
13 called "public rights-of-way") throughout all of the incorporated areas, as such incorporated
14 areas may be constituted from time to time, of the City of Boynton Beach, Florida, and its
15 successors (hereinafter called the "Grantor"), in accordance with the Grantee's customary
16 practice with respect to construction and maintenance, electric light and power facilities,
17 including, without limitation, conduits, poles, wires, transmission and distribution lines, and all
18 other facilities installed in conjunction with or ancillary to all of the Grantee's operations
19 (hereinafter called "facilities"), for the purpose of supplying electricity and other services to the
20 Grantor and its successors, the inhabitants thereof, and persons beyond the limits thereof.
21 Section 2. The facilities of the Grantee shall be installed, located or relocated so as to
22 not unreasonably interfere with traffic over the public rights-of-way or with reasonable egress
23 from and ingress to abutting property. To avoid conflicts with traffic, the location or relocation
S:\CA \Ordinances\FPL Franchsie Agreement.doc
2
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I!. of all facilities shall be made as representatives of the Grantor may prescribe in accordance with
2 the Grantor's reasonable rules and regulations with reference to the placing and maintaining in,
3 under, upon, along, over and across said public rights-of-way; provided, however, that such rules
4 or regulations (a) shall not prohibit the exercise of the Grantee's right to use said public rights-of-
5 way for reasons other than unreasonable interference with motor vehicular traffic, (b) shall not
6 unreasonably interfere with the Grantee's ability to furnish reasonably sufficient, adequate and
7 efficient electric service to all of its customers, and (c) shall not require the relocation of any of
8 the Grantee's facilities installed before or after the effective date hereof in public rights-of-way
9 unless or until widening or otherwise changing the configuration of the paved portion of any
10 public right-of-way used by motor vehicles causes such installed facilities to unreasonably
11 interfere with motor vehicular traffic. Such rules and regulations shall recognize that above-
12 grade facilities of the Grantee installed after the effective date hereof should be installed near the
13 outer boundaries of the public rights-of-way to the extent possible. When any portion of a public
14 right-of-way is excavated by the Grantee in the location or relocation of any of its facilities, the
15 portion of the public right-of-way so excavated shall within a reasonable time be replaced by the
16 Grantee at its expense and in as good condition as it was at the time of such excavation. The
17 Grantor shall not be liable to the Grantee for any cost or expense in connection with any
18 relocation of the Grantee's facilities required under subsection (c) of this Section, except,
19 however, the Grantee shall be entitled to reimbursement of its costs from others and as may be
20 provided by law.
21 Section 3. The Grantor shall in no way be liable or responsible for any accident or
22 damage that may occur in the construction, operation or maintenance by the Grantee of its
23 facilities hereunder, and the acceptance of this ordinance shall be deemed an agreement on the
S:\CA\Ordinances\FPL Franchsie Agreement.doc
3
1 part of the Grantee to indemnify the Grantor and hold it harmless against any and all liability,
2 loss, cost, damage or expense which may accrue to the Grantor by reason of the negligence,
3 default or misconduct of the Grantee in the construction, operation or maintenance of its facilities
4 hereunder.
5 Section 4. All rates and rules and regulations established by the Grantee from time to
6 time shall be subject to such regulation as may be provided by law.
7 Section 5. As a consideration for this franchise, the Grantee shall pay to the Grantor,
8 commencing 90 days after the effective date hereof, and each month thereafter for the remainder
9 of the term of this franchise, an amount which added to the amount of all licenses, excises, fees,
10 charges and other impositions of any kind whatsoever (except ad valorem property taxes and
11 non-ad valorem tax assessments on property) levied or imposed by the Grantor against the
12 Grantee's property, business or operations and those of its subsidiaries during the Grantee's
13 monthly billing period ending 60 days prior to each such payment will equal 5.9 percent of the
14 Grantee's billed revenues, less actual write-offs, from the sale of electrical energy to residential,
15 commercial and industrial customers (as such customers are defined by FPL's tariff) within the
16 incorporated areas of the Grantor for the monthly billing period ending 60 days prior to each
17 such payment, and in no event shall payment for the rights and privileges granted herein exceed
18 5.9 percent of such revenues for any monthly billing period ofthe Grantee.
19 The Grantor understands and agrees that such revenues as described in the preceding
20 paragraph are limited, as in the existing franchise Ordinance No. 76-9, to the precise revenues
21 described therein, and that such revenues do not include, by way of example and not limitation:
22 (a) revenues from the sale of electrical energy for Public Street and Highway Lighting (service
23 for lighting public ways and areas); (b) revenues from Other Sales to Public Authorities (service
S:\CA \Ordinances\}f>L Franchsie Agrcementdoc
4
1 with eligibility restricted to governmental entities); (c) revenues from Sales to Railroads and
2 Railways (service supplied for propulsion of electric transit vehicles); (d) revenues from Sales
3 for Resale (service to other utilities for resale pmposes); (e) franchise fees; (f) Late Payment
4 Charges; (g) Field Collection Charges; (h) other service charges.
5 Section 6. As a further consideration, during the term of this franchise or any
6 extension thereof, the Grantor agrees: (a) not to engage in the distribution and/or sale, in
7 competition with the Grantee, of electric capacity and/or electric energy to any ultimate
8 consumer of electric utility service (herein called a "retail customer") or to any electrical
9 distribution system established solely to serve any retail customer formerly served by the
10 Grantee, (b) not to participate in any proceeding or contractual arrangement, the purpose or terms
11 of which would be to obligate the Grantee to transmit and/or distribute, electric capacity and/or
12 electric energy from any third party(ies) to any other retail customer's facility(ies), and (c) not to
13 seek to have the Grantee transmit and/or distribute electric capacity and/or electric energy
14 generated by or on behalf of the Grantor at one location to the Grantor's facility(ies) at any other
15 location(s). Nothing specified herein shall prohibit the Grantor from engaging with other utilities
16 or persons in wholesale transactions which are subject to the provisions of the Federal Power
17 Act.
18 Nothing herein shall prohibit the Grantor, if permitted by law, (i) from purchasing
19 electric capacity and/or electric energy from any other person, or (ii) from seeking to have the
20 Grantee transmit and/or distribute to any facility(ies) of the Grantor electric capacity and/or
21 electric energy purchased by the Grantor from any other person; provided, however, that before
22 the Grantor elects to purchase electric capacity and/or electric energy from any other person, the
23 Grantor shall notify the Grantee. Such notice shall include a summary of the specific rates,
S:\CA\Ordinances\FPL Franchsie Agreement.doc
5
1 terms and conditions which have been offered by the other person and identify the Grantor's
2 facilities to be served under the offer. The Grantee shall thereafter have 90 days to evaluate the
3 offer and, if the Grantee offers rates, terms and conditions which are equal to or better than
4 those offered by the other person, the Grantor shall be obligated to continue to purchase from
5 the Grantee electric capacity and/or electric energy to serve the previously-identified facilities
6 of the Grantor for a term no shorter than that offered by the other person. If the Grantee does
7 not agree to rates, terms and conditions which equal or better the other person's offer, all of the
8 terms and conditions of this franchise shall remain in effect.
9 Section 7. If the Grantor grants a right, privilege or franchise to any other person or
10 otherwise enables any other such person to construct, operate or maintain electric light and
11 power facilities within any part of the incorporated areas of the Grantor in which the Grantee
12 may lawfully serve or compete on terms and conditions which the Grantee determines are more
13 favorable than the terms and conditions contained herein, the Grantee may at any time thereafter
14 terminate this franchise if such terms and conditions are not remedied within the time period
15 provided hereafter. The Grantee shall give the Grantor at least 60 days advance written notice of
16 its intent to terminate. Such notice shall, without prejudice to any of the rights reserved for the
17 Grantee herein, advise the Grantor of such terms and conditions that it considers more favorable.
18 The Grantor shall then have 60 days in which to correct or otherwise remedy the terms and
19 conditions complained of by the Grantee. If the Grantee determines that such terms or
20 conditions are not remedied by the Grantor within said time period, the Grantee may terminate
21 this franchise agreement by delivering written notice to the Grantor's Clerk and termination shall
22 be effective on the date of delivery of such notice.
S:\CA \Ordinances\FPL Franchsie Agreement.doc
6
1 Section 8. If as a direct or indirect consequence of any legislative, regulatory or other
2 action by the United States of America or the State of Florida (or any department, agency,
3 authority, instrumentality or political subdivision of either of them) any person is permitted to
4 provide electric service within the incorporated areas of the Grantor to a customer then being
5 served by the Grantee, or to any new applicant for electric service within any part of the
6 incorporated areas of the Grantor in which the Grantee may lawfully serve, and the Grantee
7 determines that its obligations hereunder, or otherwise resulting from this franchise in respect to
8 rates and service, place it at a competitive disadvantage with respect to such other person, the
9 Grantee may, at any time after the taking of such action, terminate this franchise if such
10 competitive disadvantage is not remedied within the time period provided hereafter. The
11 Grantee shall give the Grantor at least 90 days advance written notice of its intent to terminate.
12 Such notice shall, without prejudice to any of the rights reserved for the Grantee herein, advise
13 the Grantor of the consequences of such action which resulted in the competitive disadvantage.
14 The Grantor shall then have 90 days in which to correct or otherwise remedy the competitive
15 disadvantage. If such competitive disadvantage is not remedied by the Grantor within said time
16 period, the Grantee may terminate this franchise agreement by delivering written notice to the
17 Grantor's Clerk and termination shall take effect on the date of delivery of such notice.
18 Section 9. Failure on the part of the Grantee to comply in any substantial respect with
19 any of the provisions of this franchise shall be grounds for forfeiture, but no such forfeiture shall
20 take effect if the reasonableness or propriety thereof is protested by the Grantee until there is
21 final determination (after the expiration or exhaustion of all rights of appeal) by a court of
22 competent jurisdiction that the Grantee has failed to comply in a substantial respect with any of
23 the provisions of this franchise, and the Grantee shall have six months after such final
S:\CA \Ordinances\FPL Franchsie Agreement.doc
7
1 determination to make good the default before a forfeiture shall result with the right of the
2 Grantor at its discretion to grant such additional time to the Grantee for compliance as necessities
3 in the case require.
4 Section 10. Failure on the part of the Grantor to comply in substantial respect with any
5 of the provisions of this ordinance, including but not limited to: (a) denying the Grantee use of
6 public rights-of-way for reasons other than unreasonable interference with motor vehicular
7 traffic; (b) imposing conditions for use of public rights-of-way contrary to Florida law or the
8 terms and conditions of this franchise; (c) unreasonable delay in issuing the Grantee a use permit,
9 if any, to construct its facilities in public rights-of-way, shall constitute breach of this franchise
10 and entitle the Grantee to withhold all or part of the payments provided for in Section 5 hereof
11 until such time as a use permit is issued or a court of competent jurisdiction has reached a final
12 determination in the matter. The Grantor recognizes and agrees that nothing in this franchise
13 agreement constitutes or shall be deemed to constitute a waiver of the Grantee's delegated
14 sovereign right of condemnation and that the Grantee, in its sole discretion, may exercise such
15 right.
16 Section 11. The Grantor may, upon reasonable notice and within 90 days after each
17 anniversary date of this franchise, at the Grantor's expense, examine the records of the Grantee
18 relating to the calculation of the franchise payment for the year preceding such anniversary date.
19 Such examination shall be during normal business hours at the Grantee's office where such
20 records are maintained. Records not prepared by the Grantee in the ordinary course of business
21 may be provided at the Grantor's expense and as the Grantor and the Grantee may agree in
22 writing. Information identifYing the Grantee's customers by name or their electric consumption
23 shall not be taken from the Grantee's premises. Such audit shall be impartial and all audit
S:\CA\Ordinances\FPL Franchsie Agreement.doc
8
1 findings, whether they decrease or increase payment to the Grantor, shall be reported to the
2 Grantee. The Grantor's right to examine the records of the Grantee in accordance with this
3 Section shall not be conducted by any third party employed by the Grantor whose fee, in whole
4 or part, for conducting such audit is contingent on findings ofthe audit.
5 Grantor waives, settles and bars all claims relating in any way to the amounts paid by
6 the Grantee under the Current Franchise Agreement embodied in Ordinance No. 76-9.
7 Section 12. The provisions of this ordinance are interdependent upon one another, and
8 if any of the provisions of this ordinance are found or adjudged to be invalid, illegal, void or of
9 no effect, the entire ordinance shall be null and void and of no force or effect.
10 Section 13. As used herein "person" means an individual, a partnership, a corporation,
11 a business trust, a joint stock company, a trust, an incorporated association, a joint venture, a
12 governmental authority or any other entity of whatever nature.
13 Section 14. Ordinance No. 76-9, passed and adopted March 16, 1976 and all other
14 ordinances and parts of ordinances and all resolutions and parts of resolutions in conflict
15 herewith, are hereby repealed.
16 Section 15. As a condition precedent to the taking effect of this ordinance, the Grantee
17 shall file its acceptance hereof with the Grantor's Clerk within 30 days of adoption of this
18 ordinance. The effective date of this ordinance shall be the date upon which the Grantee files
19 such acceptance.
20
S:\CA\Ordinances\FPL Franchsie Agreementdoc
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
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18
19
20
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32
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34
35
36
FIRST READING this ;U day of -1~!'~-, 2005.
SECOND, FINAL READING AND PASSAGE this _ day of
,2005.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney, City of Boynton Beach, Florida
S:\CA \Ordinanccs\FPL Franchsic Agrccmcnt.doc
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XII. - LEGAL
ITEM A.4
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
D April 5,2005 March 14,2005 (Noon.) D June 7, 2005
D April 19,2005 April 4, 2005 (Noon) D June 21, 2005
D May 3, 2005 April 18,2005 (Noon) [gI July 5, 2005
D May 17, 2005 May 2, 2005 (Noon) D July 19, 2005
Date Final Form Must be Turned
in to City Clerk's Office
May 16,2005 (Noon)
June 6, 2005 (Noon)
June 20, 2005 (Noon)
July 5, 2005 (Noon)
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0 Administrative D Development Plans
NATURE OF 0 Consent Agenda D New Business
AGENDA ITEM D Public Hearing [gI Legal
D Bids D Unfinished Business
D Announcement D Presentation
D City Manager's Report
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RECOMMENDATION: Please place this request on the July 5, 2005 City Commission Agenda under Legal,
Ordinance - Second Reading. The City Commission approved the subject request on June 2 I, 2005 under Public Hearing
and Legal, Ordinance-First Reading. For further details pertaining to the request, see attached Department of Development
Memorandum No. PZ 05-081.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Stealth Towers in SMU (CDRV 05-008)
Kim GIas-Castro, Ruden McClosky
Compson & Associates of Boynton, LLC
SMU Suburban Mixed-Use Zoning District (Citywide)
Proposal to amend the Land Development Regulations, Chapter 2, Zoning, Section 6.H.3.
and Chapter 10 (Telecommunication Towers and Antennas) to allow cell towers within
the Suburban Mixed-Use zoning district as stealth facilities, integrated into the
architecture of a mixed-use project.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
~
City Manager's Signature
~()7 L~
, Planning and ~m&g Director City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 05-008 SMU Stealth Towers\Agenda Item Request Stealth Towers in SMU CDRV 05-008
2nd reading.7-5-05.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
EXHIBIT "C"
ORDINANCE NO. 05 -DaB
AN ORDINANCE OF THE CITY OF BOYNTON BEACR
FLORIDA AMENDING LAND DEVELOPMENT
REGULATIONS, AMENDING CHAPTER 10,
TELECOMMUNICATION TOWERS AND ANTENNAS,
SECTION 3, FOR THE PURPOSE OF ESTABLISHING
REGULATIONS FOR TIIE PROVISION OF STEALTH
FACILITIES WITIllN THE SUBURBAN MIXED USE ZONING
DISTRICT, AND AMENDING CHAPTER 2, ZONING,
SECTION 6, SUBSECTION "G", SUBURBAN MIXED USE
ZONING DISTRICT, FOR TIlE PURPOSE OF PERMITTING
TELECOMMUNICATION TOWERS AND ANTENNAS
SUBJECT TO CRITIERA; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE
DATE.
WHEREAS, the proposed revisions to the Telecommunication Towers and Antennas
provisions and the Suburban Mixed Use zoning district of the City of Boynton Beach Code of
Ordinances are amendments to the Land Development Regulations requested by Compson
Associates; and
WHEREAS, the City Commission deems the adoption of this Ordinance to be in the best
interests of the citizens and residents of the City of Boynton Beach, Florida;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, T~T:
Section 1. The foregoing whereas clauses are true and correct and are now ratified and
confirmed by the City Commission.
Section 2. That Chapter 10, Telecommunication Towers and Antennas, Section 3,
Subsection A is hereby amended by adding a new paragraph "5" as follows:
5. Suburban Mixed Use (SMU) zoning district. Any communication tower in the SMU
EXH IBIT C
district shaH be a stealth facility that is designed consistent with the architecture and theme of the
SMU district. Stealth facilities contained within structural or architectural features such as clock
'('---
considered within the SMU design standards. The development standards of hapter 10 shall
govern said tower or antenna.
Section 3.
That Chapter 10, Telecommunication Towers and Antennas, Section 3,
Subsection C.3.c. is hereby amended by adding a new provision as follows:
c. Monopole, lattice or guyed telecommunication towers shall not be pennitted within two
hundred and fifty (250) feet of any residential district or residential portion of a PUD. In a SMU
district. a communication tower shall not be pennitted within two hundred fifty feet (250') of any
adiacent residential zoning district or within fifty feet (50') of a residential component of the
/"
SMU district. exclusive of integrated mixed-use buildings.
Section 4.
That Chapter 10, Telecommunication Towers and Antennas, Section 3,
Subsection C.7.a. is hereby amended by adding a new provision as follows:
7. Buffering
a. An eight (8) foot fence or wall constructed in accordance with the Land Development
Regulations, as measured from the finished grade of the site, shall be required around the base of
each communication tower, tower service facilities, and each guy anchor. Access to the
communication tower and its facilities shall be through a locked gate. The requirement for an
eight foot (8') fence shall not be applicable if: I) said communication tower is a stealth facility
integrated into the architecture or structural composition of a building. such as a clock tower
located within a SMU district: and 2) access to any equipment or electrical power source i~gated
and locked for public safety.
EXHIBIT C
Section 5. That Chapter 2, Zoning, Section 6. "G", Table 6G-I, is hereby amended by
adding the words as follows:
TABLE 6G-I
SCHEDULE OF PERMITIED PRlNCIP AL, ACCESSORY AND
CONDITIONAL USES
USE GROUPIUSE SMU
ZONE
Residential or Lod~in~ Use Group
Bed and Breakfast C
Hotel C
Home Occupation P
Mobile Home N
Motel N
Residential, Single Family Detached P
Residential, Single Family Attached P
Residential, Multi-Family P
Temporary Sales Office P
Temporary Model Residences p
Live/W ork Units p&
Boarding and Rooming House (except where provided by state law) N
Accessory Unit p
Communication Tower or Antenna C9
Government Office/Civic Center/Library p
Recreation (outdoor) C
Museum p
House of Worship pJ
Police or Fire-Rescue Station P
Postal Center (retail sales only) p2
Post Office P
Public Park P
Public Parking Lot or Garage P
REMAINDER OF TABLE UNCHANGED
Restriction Notes:
9 Stealth facilities only, inte~ed into the architecture and/or structural comoosition of the proiect; and
subject to compliance with development standards and regnJations (setbacks, height bufferin~ etc.) of Chapter 10.
Section 6.
Each and every other provision of the Land Development Regulations not
herein specifically amended, shall remain in full force and effect as originally adopted.
Section 7.
All laws and ordinances applying to the City of Boynton Beach in conflict
with any provisions of this okdinance are hereby repealed.
Section 8. Should any section or provision of this Ordinance or any portion thereofbe
declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
remainder of this Ordinance.
Section 9. Authority is hereby given to codifY this Ordinance.
Section 10. This Ordinance shall become effective immediately.
EXHIBIT C
FIRST READING TInS 9.,l day of J Ut'\e.. , 20~
SECOND, FINAL READING AND PASSAGE this _ day of
20
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
---EXH~BIT 0
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MOURIZ
SALAZAR
ARCHITECTS & PLANNERS
WOUAl,/5Al.AlNl" ASSOQ.O.ltS. ItC.
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RENAISSANCE COMMONS PHASE VI
BOYNTON BEACH, FLORIDA
CottlpSon Associatesi,f Boynton II, L.LC.
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05-081
TO:
Chair and Members
Planning and Development Board
Eric Lee Johnson, AICP ~
Planner U
Michael W. Rumpf
Director of Planning and Zoning
FROM:
THROUGH:
DATE:
May 17, 2005
SUBJECT:
CODE REVIEW CDRV 05-008
To allow stealth communication towers in the SMU, Suburban Mixed-Use
zoning district
NATURE OF REQUEST
Ms. Kim Glas-Castro with Ruden McClosky, agent for the property owner, is requesting that the Land
Development Regulations be amended to allow stealth telecommunication towers within the SMU,
Suburban Mixed-Use zoning district. This request would amend Chapter 2, Zoning and Chapter 10,
Telecommunication Towers and Antennas (see Exhibit "C'j. It should be noted that the effects of the
subject request, if approved, would only be applicable to properties zoned SMU, which are outside of
the Community Redevelopment Agency boundaries.
BACKGROUND
According to Chapter 10, Section 3.A. of the Land Development Regulations, telecommunication
towers are allowed as conditional uses in the (REe) Recreation, (PU) Public Usage, and (M-l)
Industrial zoning districts. Also, they are currently allowed on properties zoned (PID) Planned
Industrial Development, but owned by the City and only within a park use. Additional restrictions may
apply to telecommunication facilities within each of the above-referenced zoning districts.
The crux of this code review is the applicant's intent to construct a stealth telecommunication facility
on top of a decorative clock tower within the final phase (Phase VI) of their project known as
Renaissance Commons (COUS 04-008). The subject property was formerly the site for Motorola
Incorporated. However, the property once owned by Motorola was ultimately acquired by the current
owners who successfully rezoned the property from PID to (C-3) Community Commercial and then to
SMU, to accommodate a large scale, mixed-use residential/commercial project. After the rezoning,
the Motorola building was demolished and construction began on the townhouses and commercial
buildings. The original Motorola tower, which is currently non-conforming under the SMU zoning
district, still remains on the Renaissance Commons property. The property owners desire to move the
existing tower from its current location and construct a new type of facility at a different, more
desirable location on the subject property. However, they are prohibited from doing so because
moving or replacing the tower would eliminate its legal non-conforming status.
Page 2
CDRY05-008
ANALYSIS
As previously mentioned, the applicant is proposing to replace the existing tower, which is an BO-foot
tall Monopole facility, with a decorative clock tower elsewhere on the Renaissance Commons property.
The clock tower would be constructed within the sixth and final phase of the large scale, mixed-use
project. According to the Land Development Regulations, stealth towers are currently defined (in
Chapter 10) and are required to be architecturally compatible with existing buildings and / or
structures on site. They shall be consistent with the character of existing uses on site. The accessory
equipment associated with stealth facilities shall not be readily identifiable and in no case shall a
stealth facility exceed 150 feet in height. The Land Development Regulations define a stealth facility
as follows:
"any telecommunications facility which is designed to blend into the surrounding
environment and which is incorporated into and is compatible with uses otherwise
permissible on site. Examples of stealth facilities include, but are not limited tOr
architecturally screened roof-mounted antennasr antennas integrated into architectural
elementsr and telecommunication and/or personal wireless services towers designed to
look like light polesr power polesr clock towers or trees."
It is important to note that the Land Development Regulations require a minimum separation distance
of 250 feet between any telecommunication facility and the nearest residential district or residential
portion of a Planned Unit Development (PUD). It further requires that towers be spaced a minimum of
750 feet apart. The applicant has informed staff that the proposed facility would comply with this
basic requirement with the understanding that the nearest (exclusively) residentially-zoning district
(i.e. Sky Lake zonedr R-1-A Single-family Residential) would be located over 900 feet away from the
planned clock tower location. In factr the previously approved master plan for Renaissance Commons
(see Exhibit "Dl1) identifies the anticipated location of the clock towerr which would agree with the
applicanfs assertion. Howeverr the applicant proposes a separation distance of 50 feet between a
telecommunication facility and a residential component of the SMU districtr exclusive of integrated
mixed-use buildings. It is important to note that according to the Telecommunication Act of 1996, "no
state or local government may regulate the placementr constructionr and modification of personal
wireless service facilities on the basis of the environmental effects of radio frequency emissions to the
extent that such facilities comply with the Commissionrs regulations concerning such emissionsff. Since
this is the caser the cityrs Land Development Regulations cannot mandate the distance separation
(between the facility and residential uses) due to the perceived ill effects of the radio frequencies on
neighboring residential properties. Howeverr a distance separation standard has value in preventing a
proliferation of towers, which may negatively impact the visual environmentr and therefore should
remain in the absence of pure stealth requirements. As for the SMU zoning district, where the stealth
standard would apply to architectural compatibilityr the more relevant issue regarding cell towers now
becomes their proposed height to ensure compliance with FCC safety standards rather than their
proposed distance from residential uses.
The applicant states two (2) underlying reasons for this code review request (see Exhibit "Br'). They
are as follows:
1. The lack of available property that is properly zoned that would allow another
telecommunication facility; and
2. The lack of available property located in proximity to the existing, non-conforming tower that
Page 3
CDRV 05-008
(
contains no void In the radio-frequency coverage.
\
The applicant is requesting this code amendment with the assumption that a new telecommunication
facility would undergo exhaustive review during the time when a formal conditional use application is
made and that said facility would comply with all applicable regulations. A conditional use is a use that
would not be appropriate generally, without restriction, throughout a zoning classification or district.
Such uses however, if controlled as to area, location, number, or relation to the neighborhood, would
promote public appearance, comfort, convenience, general welfare, good order, health, morals,
prosperity, and safety of the city. The standards for evaluating a conditional use include but are not
limited to the following: Ingress I egress, off-street parking, refuse and service areas, utilities,
screening and buffering, signs, setbacks and open spaces, general compatibility, height, and economic
effect. Staff acknowledges that an unsightly, non-conforming telecommunication facility already exists
within the SMU property and that its removal and replacement with a stealth facility, located within the
clock tower, would only positively impact the subject property and outlying area. Finally, this code
amendment affects only a limited number of properties, all of which, lie west of Interstate 95 and
exclusively under the reviewing authority of the Planning and Development Board.
RECOMMENDATION
.,..or"""'.....,
It is staff's opinion that the proposed amendments to the Land Development Regulations are the
minimum necessary to achieve the desired results. This is due to the limited number of anticipated
future telecommunication facilities needed within the SMU zoning district and outlying areas, coupled
with the fact that a stealth facility, in this case, would be handsomely housed within the clock tower of
the previously planned mixed-use community. Should other towers be sited at a later date upon any
SMU designated lands, they too would be required to be of a "stealth" design, consistent with the
design characteristics of surrounding uses. Therefore staff recommends approval of the proposed
code review application. Community Redevelopment Agency review and approval is not required.
Exhibits
MR/elj
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 05-008 SMU Stealth Towers\Staff Report.doc
Exhibit 'A' - Location Map
625 312.5 0
I
1,250
625
1,875
2,500
I Feet
w.'
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EXHIBIT "B"
~Ruden
~"McClosky
--..----.- .-.... '.-'-'--"-"-..--..-
)
. I
222LAKEVIEW AVENUE
SUITE BOO
WEST PALM BEACH, flORIDA 33401-6112
Wrf~~ ~ ,\~ L
L.____.n._____... ,-...1
Pl 1','.'/,',,(: .' "Ii
leU!!'..,'''' ~'r r
(561) B38-4542
FAX: (561) 514-3442
KIM. GLASCASTRO@RUDEN.COM
February 9, 2005
Telecommunication Tower Regulations Modifications
Compson Associates of Boynton, LLC (the "Applicant") is requesting reVISIOns to
Chapter 10, Telecommunication Towers and Antennas, and to Chapter 2, Zoning, of the City of
Boynton Beach Land Development Regulations ("LDR") to allow stealth communication towers
within the Suburban Mixed Use ("SMU") zoning district subject to conditional use approval and
compliance with performance standards.
A nonconforming tower exists on the Renaissance Commons SMU property. The
Applicant desires to remove the tower, which is otherwise located in the middle of the new
mixed-use community. The telecommunication providers ("Providers") utilizing the existing
tower at Renaissance Commons have evaluated other sites to relocate their facilities, but the
Providers are finding two problems: 1) lack of available property zoned with a district that
allows communication towers and 2) lack of available property located in proximity to the
existing, non-conforming tower so that no voids in system coverage are created. The nearest
zoning district is Planned Industrial District (PID), in which towers are permissible, but a
communication tower already exists on this property, and there is not sufficient room for co-
location of the Providers' facilities on the existing tower. Property zoned Industrial (MI) is too
far away from the current location to provide service coverage.
Relocation of the existing Providers' facilities within Renaissance Commons is a viable
solution to maintain and improve existing coverage. The Applicant's proposed LDR
modifications require stealth technology to be employed within the SMU district, and require
conditional use approval to ensure compatibility with the SMU uses and design standards.
The requested revisions to Chapter 10 and Chapter 2 would facilitate the removal of an
old-style, metal-framed communication tower from the middle of the Renaissance Commons
project. A new stealth tower would be concealed as part of the clock tower feature in Phase VI
of the development. This stealth tower will be requested in a subsequent conditional use/site
plan petition. \
.
WPB:197496:1
CARACAS. FT. LAUDERDALE. MIAMI' NAPLES. ORLANDO. PORT ST. LUCIE . SARASOTA. ST. PETERSBURG. TALLAHASSEE. TAMPA. WEST PALM BEACH
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSElL, P.A.
EXHIBIT "e"
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA AMENDING LAND DEVELOP.MENT
REGULATIONS, AMENDING CHAPTER 10,
TELECOMrv1UNICA TION TOWERS AND ANTENNAS,
SECTION 3, FOR THE PURPOSE OF ESTABLISHING
REGULATIONS FOR THE PROVISION OF STEAL TH
FACILITIES WITIllN THE SUBURBAN MIXED USE ZONING
DISTRICT, AND AMENDING CHAPTER 2, ZONING,
SECTION 6, SUBSECTION "G", SUBURBAN MIXED USE
ZONING DISTRICT, FOR THE PURPOSE OF PERMITTING
TELECOMMUNICATION TOWERS AND ANTENNAS
SUBJECT TO CRITIERA; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE
DATE.
WHEREAS, the proposed reVlSlons to the Telecommunication Towers and Antennas
provisions and the Suburban Mixed Use zoning district of the City of Boynton Beach Code of
Ordinances are amendments to the Land Development Regulations requested by Compson
Associates; and
WHEREAS, the City Commission deems the adoption of this Ordinance to be in the best
interests of the citizens and residents of the City of Boynton Beach, Florida;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF TIlE CITY
OF BOYNTON BEACH, FLORIDA, T~T:
Section 1. The foregoing whereas clauses are true and correct and are now ratified and
confirmed by the City Commission.
Section 2. That Chapter 10, Telecommunication Towers and Antennas, Section 3,
Subsection A is hereby amended by adding a new paragraph "5" as follows:
5. Suburban Mixed Use (SMU) zoning district. Any communication tower in the SMU
EXHIBIT C
district shall be a stealth facility that is designed consistent with the architecture and theme of the
SMU district. Stealth facilities contained within structural or architectural features. such as clock
. ....C'.........>.. .. .._..''___..
considered within the SMU design standards. The development standards 0 hapter 10 shall
govern said tower or antenna.
Section 3.
That Chapter 10, Telecommunication Towers and Antennas, Section 3,
Subsection C.3.c. is hereby amended by adding a new provision as follows:
c. Monopole, lattice or guyed telecommunication towers shall not be permitted within two
hundred and fifty (250) feet of any residential district or residential portion of a PUD. In a SMU
district. a communication tower shall not be permitted within two hundred fifty feet (250') of any
of a residential com onent of the
SMU district. exclusive of integrated mixed-use buildings.
/'
Section 4.
That Chapter 10, Telecommunication Towers and Antennas, Section 3,
Subsection C.7.a. is hereby amended by adding a new provision as follows:
7. Buffering
a. An eight (8) foot fence or wall constructed in accordance with the Land Development
Regulations, as measured from the finished grade of the site, shall be required around the base of
each communication tower, tower service facilities, and each guy anchor. Access to the
communication tower and its facilities shall be through a locked gate. The requirement for an
fence shall not be a licable if: 1 said communication tower is a stealth facilit
the architecture or structural com osition of a buiJdin such as a clock tower
located within a SMU district, and 2 access to an ower source is ated
and locked for public safety.
EXHIBIT C
Section 5. That Chapter 2, Zoning, Section 6. "G", Table 6G-l, is hereby amended by
adding the words as follows:
TABLE 6G-I
SCHEDULE OF PERMITTED PRINCIPAL. ACCESSORY AND
CONDITIONAL USES
USE GROUPIUSE SMU
ZONE
Residential or Lod~in~ Use Group
Bed and Breakfast C
Hotel C
Home Occupation P
Mobile Home N
Motel N
Residential, Single Family Detached P
Residential, Single Familv Attached P
Residential, Multi-Family P
Temoorary Sales Office P
T emoorary Model Residences P
LivefWork Units p-g-
Boarding and Rooming House (except where provided by state law) N
Accessory Unit P
Communication Tower or Antenna C9
Government Office/Civic CenterILibrarv P
Recreation (outdoor) C
Museum p
House of Worship pI
Police or Fire-Rescue Station P
Postal Center (retail sales only) pT
Post Office P
Public Park P
Public Parking Lot or Garage P
REMAINDER OF TABLE UNCHANGED
Restriction Notes:
9 Stealth facilities only, integrated into the architecture and/or structural composition of the proiect and
subiect to compliance with development standards and re~tions (setbacks, height buffering. etc.) of Chapter 10.
Section 6.
Each and every other provision of the Land Development Regulations not
herein specifically amended, shall remain in full force and effect as originally adopted.
Section 7.
AJIlaws and ordinances applying to the City of Boynton Beach in conflict
with any provisions of this chdinance are hereby repealed.
Section 8. Should any section or provision of this Ordinance or any portion thereof be
declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
remainder ofthis Ordinance.
Section 9. Authority is hereby given to codify this Ordinance.
Section 10. This Ordinance shall become effective immediately.
EXH IBIT C
FIRST READING TillS day of , 20
SECOND, FINAL READING AND PASSAGE this _ day of
20
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
--'----E~+_HBIT 0
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MOURIZ
SALAZAR
ARCHITECTS & PLANNERS
W(luAl/~""'.~$5OCl.\ro.H:.
= )?>-K';,:::' ,~" RENAISSANCE COMMONS PRASE VI
(:)Qj) In-h''
BOYNTON BEACH, FLORIDA
CoIDpSoo .As!oci&t:~f Boynton II, L.l.C.
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL
ITEM B.l
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
0 AprilS, 2005
0 April 19,2005
D May 3, 2005
D May 17,2005
March 14,2005 (Noon.)
o June 7, 2005
D June 21,2005
[gI July 5, 2005
D July 19, 2005
May 16, 2005 (Noon)
April 4, 2005 (Noon)
June 6, 2005 (Noon)
April 18, 2005 (Noon)
June 20, 2005 (Noon)
May 2, 2005 (Noon)
July 5, 2005 (Noon)
NATURE OF
AGENDA ITEM
D Administrative
o Consent Agenda
o Public Hearing
D Bids
D Announcement
D City Manager's Report
C)
;:-)--,
~::i-<
0 Development Plans L- -<0
C ) -.....1
0 New Business ::D
N 0
[gI Legal w / --<',
D UnfInished Business J:zo ")~
~.J:D ~ 0
~._, --po
D .........J AJj._
Presentation 1..0 .-"T1
-,-,OJ
Ul -f11
<2-'>J>
-..l IT] ('")
==
RECOMMENDATION: Please place this request on the July 5,2005 City Commission Agenda under Legal,
Ordinance - First Reading. The City Commission tabled the subject request at their June 21, 2005 meeting. For further
details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-046.
EXPLANATION:
PROJECT:
AGENT:
LOCATION:
DESCRIPTION:
Urban Commercial Districts (CDRV 05-004)
City Staff Initiated
Community Redevelopment Agency Area
Request to amend the Land Development Regulations (LDR), Chapter 2, Zoning, Section
6 and Section 8.5, to create an overlay district to reduce the front, side interior, and side
corner yard building setbacks for parcels currently zoned Office and Professional District
(C-I), Neighborhood Commercial District (C-2), Community Commercial District (C-3),
and General Commercial District (C-4), located within targeted areas of the CRA.
PROGRAM IMPACT: N/A
~SCALIMPACT: N/A
ALTERNATIVES: N/A
DoveJ~
~wmMe
Planning and Zo Director City Attorney / Finance / Human Resources
S:\planning\SHARED\WP\SPECP OJ\CODE REVIEw\CDRV 05-004 Urban Commercial Overlay\Agenda Item Request Urban Commercial Dist. Overlay
CDRV 05-004 7-5-05 1st reading. dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSION
MEMORANDUM NO. PZ 05-046
TO:
FROM:
Chair and Members
Community Redevelopment Agency Board
Eric Lee Johnson, AICP ~
Planner V
Michael W. Rumpf
Director of Planning and Zoning
THROUGH:
DATE:
March 30, 2005
SUBJECT:
Urban Commercial District Overlay (CDRV 05-004)
NATURE OF REOUEST
Staff has been requested to consider this proposed amendment to the Land Development
Regulations to reduce the building setbacks for properties within conventional commercial zoning
districts in targeted areas of the city. The intent Is to allow flexibility in site design by requiring a
"build-to" line with regards to the required front, side, and side comer building setbacks. This
will help to serve as a catalyst for redevelopment efforts on smail-sized parcels that have not or
most likely would not be asSembled as part of a large mixed-use project and maximize
consistency with adjacent or nearby projects that are developed under the mixed-use zoning
district.
BACKGROUND
As per the Federal Highway Corridor Community Redevelopment Plan, the City adopted the
Mixed Use-Low (MU-L) and Mixed Use-High (MU-H) zoning districts on June 18, 2002. However,
after 18 months of working with these regulations, staff determined that minor amendments
were warranted to bring the regulations Into closer conformance with the Intent of the Plan. The
updates were made, in part, to protect neighborhoods of single-family homes that are or would
be adjacent to potential mixed use districts. The mixed use regulations are and could be applied
to those properties designated with Mixed Use (MX) and Mixed Use-COre (MXC) land use
classifications (as shown on the CIty's Future Land Use Map of the Comprehensive Plan).
Also In June 2002, the city created the Inflll Planned Unit Development (IPUD) zoning district.
The IPUD zoning district regulations were updated In 2004 to provide more direction to
developers regarding compatibility with existing development, while still omitting exacting
standards. These districts were designed, In part, to encourage higher densities and Intensities,
to help redevelop the older portion of the city while simultaneously creating an urban sense of
place. It should be noted that reduced building setbacks Is a common element Intrinsic to all the
aforementioned districts. The problem with current conventional commercial zoning district
regulations Is that portions of a site may be developed for residential uses; however, the
regulations do not encourage a true Integration of commercial and residential uses, and basically
perpetuate the suburban "strip centers" that offer little or no connectivity, allow parking lots to
Page 2
CDRV 05-004
Urban Commercial District Overlay
separate the project from the adjacent roadways, and do not yield large projects with unified
designs.
ANAL YSI$
This report analyzes the required building setbacks of the CIty's conventional commercial zoning
districts: Office Professional (C-l), Neighborhood Commercial (C-2), Community Commercial (C-
3), and General Commercial (C-4). According to the statements contained within the proposed
Urban Design Guidelines, the current Land Development Regulations for the Oty's commerdal
districts encourage suburban-oriented development to occur. The commercfal regulations
require large front setbacks, low density, height limitations, and separation of uses. This type of
zoning prohibits higher density development or mixed-use developments, which are appropriate
In the portions of the Community Redevelopment Agency (CRA) area for redevelopment
purposes. The outcome has prevented the City from experiencing the needed economic growth
that other cities have experienced. In response to this type of development, the dty created the
mixed-use zoning districts, namely Mixed Use-High (MU-H) and Mixed Use-Low (MU-L) and staff
Is currently reviewing the possibility of creating additional mixed-use zoning regulations. In any
case, the current regulations regarding the mixed use districts are very explldt In Its Intent; to
encourage quality development, redevelopment, and urban Infill In the Oty's older and blighted
downtown and outlying areas. These regulations are very effective In cases when Indlvfduallots
have been, assembled or amassed as part of a large conglomeration for large-scale mixed-use
developments. The new regulations appropriately steer the desired type of growth pattern.
However, the problem occurs when commercfally-zoned parcels, which are not a component of a
mixed-use development, are too small and I or too Isolated to be eligible for mixed-use zoning.
Under the current regulations, the subsequent build-out of these types of lots would be bound to
suburban zoning standards, resulting In a growth pattern Inconsistent with the newer, mixed-use
developments advocated throughout the Oty's downtown and outlyfng areas. This Inconsistency
could hinder the Oty's effectiveness In managing the urban design for future development.
Suburban standards In urban areas undermine staff leverage when negotiating with developers
on Issues such as creating pedestrian-friendly corridors, concealing off-street parking areas, and
regulating automotive-oriented uses. A solution would be to create an overlay district for
commercial areas, which would complement the Oty's endeavor In promoting progressive and
exemplary urban design (see exhIbit "B"). If the proposed guIdelines were approved, developers
would then be bound to the buildIng setbacks of the newly created Overlay DIstrict for properties
of those targeted commercial areas. While the Proposed code amendment does nothIng to
Increase the Intensity, height, or mIxing of land uses In a given zonIng district, It would help to
harmonize the placement of buildings and address some of the Inconslstendes betw~n urban
and suburban regulations. Furthermore, It Is staff's opinIon that the new Overlay DIstrict would
not discourage property owners from assembling lots and rezonIng to mixed-use dIstricts and
neIther would the Overlay DIstrict perpetuate an undesirable growth pattern.
RECOMMENDAnON
Staff recommends approval of the creation of the proposed Urban Commerdal DIstrict Overlay.
Any deletions or additIons recommended by the Community Redevelopment Agency Board or
Oty CommissIon would be ultimately reflected In the final ordInance.
S:\PIannfng\sHARED\wp\SPECPROJ\CODE REVlEW\CDRV OS-<104 Urban Commercial OVer1ay\Staff Report.doc
Exhibit 'A' - Urban Commercial District Overlay Map
.
10,000
. Feet
..'
s
1,250 2,500
5,000
7,500
EXHIBIT "B" - PROPOSED CODE AMENDMENTS
...00. 8.5.
Overlay zones.
A. MARTIN LUTIIER KING BOULEVARD
OVERLAY 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 area in need of
redevelopment and revitalization. This section is created to
implement the development and design recommendations
in the Redevelopment Plan intended to create a traditional
street corridor with pedestrian improvements, storefronts
along the sidewalk, and a mixture of uses. The corridor is
~o contain an ambience supported by pleasant signage and
building appearance, potted landscaping, store windows
and public open spaces. All development within the Martin
Luther King Boulevard corridor shall occur according to
the provisions of the adopted plan as stated below.
2. Defined. The Martin Luther King Boulevard
Overlay Zone is hereby established as the area defined by
the parcels fronting on that portion of the Boulevard
located east of Seacrest Boulevard and west of Federal
. ghway right-of-way, along with those parcels adjacent to
_1e north and south of these parcels that front on the
Boulevard if assembled and development as a unified
project.
3. Pennitted uses. As currently defined in
Chapter 2(5XG) and Chapter 2(6)(B).
4. Prohibited uses. Reserved
5. Development standards.
a. Parcels that have frontage along
Martin Luther King Boulevard shall have a minimum front
setback of3 feet and a maximum front setback of 12 feet.
b. Minimum side setback from
interior lot lines shall be 5 feet, and a minimum of 3 feet
and a maximum of 12 feet from comer lot lines.
c. Maximum building height shall be
30 feet and subject to other provisions of Chapter 2(4)(F).
d. Lot regulations stated within
lpters 2(5)(G) and 2(6)(B) except where superseded by
i.ae regulations stated herein.
6. Signs. Reserved
7. Design Standards. Reserved
8. Landscaping. Reserved
9. Parking.
a. Parking space requirements shall
be calculated in accordance with Section II.H.16 of these
zoning requirements, and shall be reduced by fifty percent
(50%);
b. Required parking spaces shall be
owned or leased within one thousand (1,000) feet of the
building to be served.
(1) The distance requirements
shall be a straight line measurement from a point on the
boundary line of the property that is the subject of the
application to the closest boundary line of the property on
which the leased parking is located.
(2) The property that is the subject
of the application shall be posted with signage indicating to
patrons the location of the off-site parking.
c. Lease arrangements to provide
required parking spaces shall be subject to approval by the
Community Redevelopment Agency.
(Ord. No. 00-30, ~ 1,6-20-00; Ord. No. 02-014, ~ 1,4-16-
02)
B. URBAN COMMERCIAL DISTRICT OVERLAY
ZONE.
1. fitent and oUtpOse. The purpose of this zone
is to encoura2e the develooment and redevelooment of
commercially-zoned parcels in a manner consistent with the
pattern of develooment of parcels with Mixed-Use zoning
classifications. fi addition. any parcels subsequently
annexed into the Citv of Bowton Beach within the
boundaries of the Communitv Redevelomnent Agency area
with commercial zonin2 may also utilize these setback
reductions.
follows:
2. The obiectives of this overlay zone are as
a. SUDDOrt and enhance revitalization
efforts in the city's traditional commercial area:
b. Allow flexibility in the site design
in order to create a more urban environment by
discouraging the Dlacement of off-street Darking between
the front of the building(s) and the ri2hts-of-way. Create
()ptimal Dedestrian environments through apllrQPriate
separation from. and desim of vehicular circulation areas:
c. Allow flexibility in architectural
desilPl and building bulk: while maximizing compatibility
and harmony with adjoining development within the
Defined area.
3. Defined area. The Urban Commercial District
Overlay Zone is established as the geographical area as
defined by the boundaries of the followinl! city
Redevelopment Plans:
a. Federal Hi2hway Corridor
Connnunity. RedevelQpment Plan. The boundary is
generallv descn'bed as the city limits to the north. the
Intracoastal Waterway to the east. the municipal boundary
to the south. and the Florida East Coast Railroad (F.E.C.)
and Palm Boulevard (Northeast 4th Street) to the west. The
legal description is more particularly descnl>ed in Exhibit
1.1. Appendix of the Federal Highwav Corridor
Connnunity Redevelopment Plan.
b. The Ocean District Community
Redevelopment Plan. The boundaIy is generally described
as Northeast 3rd Avenue to the north. Seacrest Boulevard
to the west. F.E.C. Railroad to the east. and Southeast 2nd
Avenue to the south.
c. Boynton Beach Boulevard
Corridor Plan. The boundary is generally descnl>ed as the
connnerciallv-zoned parcels located alonl! Boynton Beach
Boulevard. east of Interstate 95. and west of Seacrest
Boulevard. The area is more particularlv defined on the
Location Map on 1>a2e 2 of the Boynton Beach Boulevard
Corridor Plan.
4. Development Standards.
a.
setback requirements:
Parcels shall have the following
Frontvard
Side (interior) yard
Side (comer) yard
Rear yard
five (5) feet to fifteen (15) feet
zero (0) feet to fifteen OS) feet
ten (0) feet to fifteen OS) feet
shall be defined by the applicable
zoninu: district regulations:
b. Maximum buildin, height shall be
defined by the 8Djllicable zoninu: district regulations:
c. Maximum lot coverage fOT
building(s) shall be 40 percent:
d. Foundation landsca1>ing and trees
are recommended to be installed within the reduced
buildinlZ setback areas. between the buildin2( s) and
property line(s). particularlv. where adiacent or visible from
public and / or private ri2hts-of-way.
C-l OFFICE AND PROFESSIONAL COMMERCIAL
DISTRICT, C-3
3. Building and site regulations. No building
or portion thereof shall be erected, constructed, converted,
established, altered, enlarged or used unless the premises
and buildings shall comply with the following regulations:
Minimum lot frontage
Minimum lot depth
Minimum lot area
Maximum lot coverage
(building)
Minimum front yard
Minimum rear yard
Minimum side yards
Maximum structure height
75 feet
120 feet
9,000 square feet
40 percent
30 feeti
20 feet
10 feet.!
30 feet, not to exceed 2
stories..
lParcels located within the Urban Commercial District
Overlay Zone are subject to the required buildiDfl setbacks
pumumtto Chanter 2. Section 8.5.B.3.
*When abutting residential district, side and/or rear yards
shaIJ be thirty (30) feet.
.2 NEIGHBORHOOD COMMERCIAL DISTRICT.
3. Building and site regulations. No building
or portion thereof shall be erected, constructed, converted,
established, altered, enlarged or used unless the premises
and buildings shall comply with the following regulations:
Minimum lot frontage
Minimum lot depth
Minimum lot area
Maximum lot coverage
Minimum front yard
Minimum side yard
(interior lots)
Minimum side yard
(comer lots)
Minimum rear yard
Maximum structure height
50 feet
100 feet
5,000 square feet
40 percent
30 feet
15 feet~
20 feet on side streeti
20 feet*
25 feet, not to exceed 2
stories
lParceIs located within the Urban Commercial District
Overlay Zone are subject to the required building setbacks
DUrSuant to Chapter 2. Section 8.5.B.3.
''hen abutting residential districts, side and/or rear yards
.J1 be thirty (30) feet.
C-3 COMMUNITY COMMERCIAL DISTRICT
3. Building and site regulations. No building or
portion thereof shall be erected, constructed, converted,
established, altered, enlarged or used unless the premises
and buildings shall comply with the following regulations:
Minimum lot frontage
Minimum lot area
Maximum lot coverage
(building)
Minimum front yard
Minimum side yard
75 feet
15,000 feet
40 percent
20 feeti
Nonel (see Notes
(interior lots) a and b)
15 feet street sidel
(see Note b)
20 feet (see Notes b and c)
45 feet, not to exceed 4
stories
IParcels located within the Urban Commercial District
Overlay Zone are subject to the required buildin2 setbacks
pursuant to Chapter 2. Section 8.5.B.3.
Minimum side yard
(comer lots)
Minimum rear yard
Maximum structure height
a. Where rear access is not available from a
public street or alley, a side yard of not less than fifteen
(15) feet shall be provided on one side.
C-4 GENERAL COMMERCIAL DISTRICT.
3. Building and site regulations. No building
or portions hereof shall be erected, con-stmcted, converted,
established, altered, enlarged or used unless the premises
and buildings shall comply with the following regulations:
Minimum lot frontage
Minimum lot depth
Minimum lot area
Maximum lot coverage
Minimum front yard
Minimum side yard
(interior lots)
Minimum side yard
(comer lots)
50 feet
100 feet
5,000 square feet
40 percent
25 feeti
15 feet one side~
15 feet on street
side.!
20 feet*
45 feet not to exceed 4
Minimum rear yard
Maximum structure height
stories
lparceIs located within the Urban Commercial District
Overlay Zone are subject to the required buildinll setbacks
DUlSU8Dt to ~ter 2. Section 8.5.B.3.
*When abutting residential districts, side and/or rear yards
shall be thirty (30) feet.
XII. - LEGAL
ITEM 8.2
1 ORDINANCE 0 05-
2 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
3 FLORIDA, AMENDING CHAPTER 15, ENTITLED,
4 "OFFENSES MISCELLANEOUS," OF THE CITY OF
5 BOYNTON BEACH CODE OF ORDINANCES, TO
6 CREATE ARTICLE X, ENTITLED "SEX OFFENDER
7 RESIDENCY PROHIBITION; ENACTING SECTION 15-
8 121, ENTITLED FINDINGS AND INTENT"; PROVIDING
9 FOR FINDINGS AND INTENT; ENACTING SECTION
10 15-122, ENTITLED "DEFINITIONS,"; PROVIDING FOR
11 DEFINITIONS; ENACTING SECTION 15-123,
12 ENTITLED "SEXUAL OFFENDER AND SEXUAL
13 PREDATOR RESIDENCE PROHIBITION; PENALTIES;
14 EXCEPTIONS," PROVIDING FOR A PROHIBITION
15 FOR SEXUAL OFFENDERS AND SEXUAL
16 PREDATORS CONVICTED OF CRIMES UNDER
17 CERTAIN FLORIDA STATUTES FROM LIVING
18 WITHIN A SPECIFIED DISTANCE WITHIN THE CITY
19 OF BOYNTON BEACH; ENACTING SECTION 15-124,
20 ENTITLED "PROPERTY OWNERS PROHIBITED
21 FROM RENTING REAL PROPERTY TO CERTAIN
22 SEXUAL OFFENDERS AND SEXUAL PREDATORS;
23 PENAL TIES," PROHIBITING OWNERS OF REAL
24 PROPERTY FROM RENTING OR LEASING ANY
25 PLACE, STRUCTURE, OR PART THEREOF, TRAILER
26 OR OTHER CONVEYANCE LOCATED WITHIN A
27 SPECIFIED DISTANCE WITHIN THE CITY OF
28 BOYNTON BEACH TO SEXUAL OFFENDERS AND
29 SEXUAL PREDATORS CONVICTED OF CRIMES
30 UNDER CERTAIN FLORIDA STATUTES; PROVIDING
31 FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
32 PROVIDING FOR AN EFFECTIVE DATE.
33
34 WHEREAS, the City Commission of the City of Boynton Beach is deeply concerned
35 about the numerous recent occurrences in our state and elsewhere, whereby convicted sex
36 offenders who have been released from custody repeat the unlawful acts for which they had
37 originally been convicted; and,
38 WHEREAS, the City Commission of the City of Boynton Beach finds from the
39 available evidence that the recidivism rate for released sex offenders is alarmingly high,
40 especially for those who commit their crimes on children; and,
1
2
3
4
WHEREAS, the City of Boynton Beach is a very attractive place of residence for
families with small children; and,
WHEREAS, the City Commission of the City of Boynton Beach desires to establish a
policy providing for the maximum protection of the lives and persons in the City of Boynton
Beach; and,
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
WHEREAS, the City has the authority, pursuant to Article VIII, Section 2(b) of the
Florida Constitution, and Section 166.021, Florida Statutes, to adopt such provisions in order
to protect the health, safety, and welfare of its residents; and,
WHEREAS, the United States 8th Circuit Court of Appeals recently issued an opinion
in the case of Doe v. Miller, 2005 WL 991635 (8th Cir. April 29, 2005), in which the Court
upheld similar residency restrictions contained in the State of Iowa Statutes, and found the
restrictions to be constitutional; and,
WHEREAS, the City Commission finds that the creation of a Sexual Offender
Residency Prohibition section of the City Code of Ordinances to prohibit sex offenders
convicted of crimes under certain Florida Statutes from living within __
feet (
') of specified locations in the City of Boynton Beach is in the best interest
of the health, safety, and welfare of the residents and citizens of the City of Boynton Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, THAT:
SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed
as being true and correct and are hereby made a specific part of this Ordinance upon adoption
hereof.
Page 2
1 SECTION 2. That Chapter 15, "Offenses - Miscellaneous," of the City of Boynton
2 Beach Code of Ordinances, be, and the same is hereby amended, by creating a new Article X,
3 entitled "Sexual Offender Residency Prohibition, Section 15-121; Findings and Intent," to
4 read as follows:
5 ARTICLE X. SEXUAL OFFENDER RESIDENCY PROHIBITION
6 Sec. 15-121 Findines and Intent.
7
8 (a) Repeat sexual offenders, sexual offenders who use physical violence,
9 and sexual offenders who prey on children are sexual predators who present
10 an extreme threat to the public safety. Sexual offenders are extremely
11 likely to use physical violence and to repeat their offenses, and most
12 sexual offenders commit many offenses, have many more victims than are
13 ever reported, and are prosecuted for only a fraction of their crimes. This
14 makes the cost of sexual offender victimization to society at large, while
15 incalculable, clearly exorbitant.
16
17 (b) it is the intent of this ordinance to serve and to protect the city's
18 compelling interest to promote, protect and improve the health, safety and
19 welfare of the citizens of the City by creating areas around locations where
20 children regularly congregate in concentrated numbers wherein certain sexual
21 offenders and sexual predators are prohibited from establishing temporary or
22 permanent residence.
23
24 SECTION 3. That Chapter 15, "Offenses - Miscellaneous," of the City of Boynton
25 Beach Code of Ordinances, be, and the same is hereby amended, by creating a new Article X,
26 Section 15-122, entitled "Definitions," to read as follows:
27 Sec. 15-122. Definitions.
28
29 The following words, terms and phrases, when used in this article, shall have
30 the meanings ascribed to them in this section, except where the context
31 clearly indicates a different meaning:
32
33 "Permanent residence" means a place where the person abides, lodges, or
34 resides for 14 or more consecutive days.
35
36 "Temporary residence" means a place where the person abides, lodges, or
37 resides for a period of 14 or more days in the aggregate during any calendar
Page 3
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year and which is not the person's permanent address, or a place where the
person routinely abides, lodges, or resides for a period of 4 or more
consecutive or nonconsecutive days in any month and which is not the
person's permanent residence.
SECTION 4. That Chapter 15, "Offenses - Miscellaneous," of the City of Boynton
7
Beach Code of Ordinances, be, and the same is hereby amended, by creating a new Article X,
8
Section 15-123, entitled" Penalties; Exceptions," to read as follows:
Section 15-123
Penalties; Exceptions.
(a) It is unlawful for any person who has been convicted of a violation of
~&794.011, 800.04, 827.071, or 847.0145, Fla. Stat., regardless of
whether adjudication has been withheld, in which the victim of the offense
was less than 16 years of age, to establish a permanent residence or
temporary residence within () feet
of any school, designated public school bus stop, day care center, park,
playground, or other place where children regularly congregate.
~ For purposes of determinmg the minimum distance separation, the
requirement shall be measured by following a straight line from the outer
property line of the. permanent residence or temporary residence to the
nearest outer property line of a school, designated public school bus stop, day
care center, park, playground, or other place where children regularly
congregate.
(c) Penalties. A person who violates this section shall be punished by a
fine not exceeding $500.00 or by imprisonment for a term not exceeding
60 days, or by both such fine and imprisonment; fora second or subsequent
conviction of a violation of this section, such person shall be punished by a
fine not to exceed $1,000.00 or imprisonment in the county jail not more than
12 months, or by both such fine and imprisonment.
f4l Exceptions. A person residing within
( ) feet of any school,
designated public school bus stop, day care center, park, playground, or
other place where children regularly congregate does not commit a violation
of this section if any of the following apply:
(i)
1, 2005.
The person established the permanent residence prior to J!!ly
Page 4
1 (ii) The person was a minor when he/she committed the offense
2 and was not convicted as an adult.
3
4 (iii) The person is a minor.
5
6 (iv) The school, designated public school bus stop or day care
7 center within () feet of the
8 persons permanent residence was opened after the person established the
9 permanent residence.
10
11 SECTION 5. That Chapter 15, "Offenses - Miscellaneous" of the City of Boynton
12 Beach Code of Ordinances, be, and the same is hereby amended, by creating a new Article X,
13 Section 15-124, entitled" Property Owners Prohibited from Renting Real Property to Certain
14 Sexual Offenders and Sexual Predators; Penalties," to read as follows:
15 Sec. 15-124. Property Owners Prohibited from Rentin2 Real Property
16 to Certain Sexual Offenders and Sexual Predators; Penalties.
17
18 (a) It is unlawfill to let or rent any place, structure, or part thereof, trailer
19 or other conveyance, with the knowledge that it will be used as a permanent
20 residence or temporary residence by any person prohibited from establishing
21 such permanent residence or temporary residence pursuant to this Code, if
22 such place, structure, or part thereof, trailer or other conveyance, is located
23 within () feet of any
24 school, designated public school bus stop, day care center, park, playground,
25 or other place where children regularly congregate.
26
27 (QL A property owner's failure to comply with provisions of this section
28 shall constitute a violation of this section, and shall subject the property
29 owner to the code enforcement provisions and procedures as provided for in
30 this Code of Ordinances. including the provisions that allow the city to seek
31 relief as otherwise provided by law.
32 SECTION 6. It is the intention of the City Commission of the City of Boynton
33 Beach that the provisions of this Ordinance shall become and be made a part of the Code of
34 Ordinances of the City of Boynton Beach. Florida, and that the Sections of this Ordinance
35 may be renumbered, re-lettered and the words "Section," "Article" or such other word or
36 phrase may be changed in order to accomplish such intention.
Page 5
SECTION 7. If any clause, section, or other part or application of this Ordinance
2 shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such
3 unconstitutional or invalid part or application shall be considered as eliminated and so not
4 affecting the remaining portions or applications remaining in full force and effect.
5 SECTION 8. All Ordinances or parts of Ordinances, Resolutions or parts of
6 Resolutions in conflict herewith be, and the same are hereby repealed to the extent of such
7 conflict.
8 SECTION 9. This Ordinance shall become effective immediately upon adoption.
9
FIRST REi\DING this _ day of
,2005.
10 SECOND, FINAL READING AND PASSAGE this _ day of
11
12 2005.
13 CITY OF BOYNTON BEACH, FLORIDA
14
15
16 Mayor
17
18
19 Vice Mayor
20
21
22 Commissioner
23
24
25 Commissioner
26
27 ATTEST:
28 Commissioner
29
30
31 City Clerk
32
Page 6
XII. - LEGAL
ITEM 8.3
1 ORDINANCE NO. 05-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA AMENDING CHAPTER 2. ADMINISTRATION,
5 ADDING A NEW ARTICLE XIII "CIVIL EMERGENCIES-
6 EMPLOYEE COMPENSATION"; PROVIDING FOR
7 COMPENSATION TO CITY EMPLOYEES DURING
8 PERIODS OF CIVIL EMERGENCY; AND PROVIDING
9 FOR CONFLICTS, SEVERABILITY, CODIFICATION AND
10 AN EFFECTIVE DATE.
11
12 WHEREAS, the City Commission finds that the men and women employed by the
13 City hold a special duty to the residents, property owners, and business owners in the City
14 who, by payment of taxes contribute the wages and benefits received by City employees; and
15 WHEREAS, the residents, property owners, and business owners in the City have a
16 reasonable expectation that City employees will work to maintain basic City services before,
17 during and after periods of civil emergencies; and
18 WHEREAS, the declaration of a civil emergency constitutes exigent circumstances
19 that warrant temporary unilateral modification of the terms and conditions of City
20 employment, including, but not limited to hours of work, wages, conditions of employment
21 and other customary benefits; and
22 WHEREAS, the number and level of participation of City employees needed to
23 maintain City services during periods of civil emergency cannot be determined in advance, but
24 is dependent on the unique circumstances of each emergency; and
25 WHEREAS, the employees of the City have a reasonable expectation that their
26 compensation and benefits will be maintained during periods of emergency to the extent that it
1
S:\CA \Ordinances\Emergency Employee compensation.doc
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1 is fiscally responsible for the City to do so; and
2 WHEREAS, the City Manager as Chief Executive Officer of the City has the inherent
3 Charter authority to manage the City during period of civic emergency and to make
4 operational decisions regarding the temporary release or retention of City employees before,
5 during and after those emergencies.
6 WHEREAS, the City Commission finds it is in the best interest of the citizens,
7 property owners, business owners, and employees of the City to establish basic guideline for
8 assignment of City employees to the tasks necessary to provide the public with basic services
9 during period of emergency and to proyide for temporary adjustment to customary works
10 activity and compensation.
11 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
12 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
13
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
14 being true and correct findings of the City Commission and are hereby made a specific part of
15 this Ordinance upon adoption hereof.
16
Section 2.
Chapter 2 of the Code of Ordinances is amended to add a new Article
17 XII to read as follows:
18
19
20
21
See 12-1.
Purpose.
To establish levels of compensation for regular, part-time and seasonal
employees who are released from work or who are retained or called back to
perform City work during the threat or occurrence of a hurricane, severe
2
S:\CA \Ordinances\Emergency Employee compensation. doc
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storm, civil disaster, or other emergency conditions affecting the City Of
Boynton Beach.
See 12-2. Local State of Emergency.
A local emergency shall be deemed to have commenced when the City
Manager (or an acting City Manager when the City Manager is not available to
act) files with the City Clerk a declaration that the City is in a state of local
emergency. Immediately following such declaration, the City Manager (or
Acting City Manager) will inform each City department and office in as timely
a manner as possible by written or electronic .communication that a state of
civil emergency is in effect. The state of local civil emergency shall continue
in effect until rescinded in writing by the City Manager (or Acting City
Manager), filed with the City Clerk.
Sec. 12-3.
Authority and duration of Emergency Pay Policy coverage.
The provisions of this Emergency Pay Policy shall become effective
immediately following the declaration of a state of civil emergency by the City
Manager, and are considered from that point to take precedence over all other
Personnel Rules and Regulations, policies, ordinances and collective
bargaining agreements of the City of Boynton Beach in the matters of pay,
compensation and leave discussed herein. The provisions of this Emergency
Pay Policy shall apply for the entire time period during which the declared
state of civil emergency exists.
3
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See 12-4.
Designation of employees for purposes of establishing pay and
compensation.
A.
In a manner to be determined by the City Manager or his/her
5
acting designee, all City employees (regardless of full-time, part-time,
6
seasonal, exempt or non-exempt status) will be classified into one of the
7
following three categories:
A = EssentiallMandatorv Personnel
The assistance of these employees is
considered essential to the City's
ability to function and provide public
services in the event of a civil
emergency.
B = Essential Personnel
Depending on circumstances and
needs, the assistance of these
employees may be required in the
event of a civil emergency.
C = Non-Essential Personnel
The assistance of these employees is
normally not required during a civil
emergency event.
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B.
Employees who are classified as category "A"
(EssentiallMandatorv Personnel) are expected to report for work at the
beginning of their assigned shift, work their entire shift, and be prepared to
work any overtime hours as may be required under emergency conditions.
c.
Category "An employees may also be required to report for
work on unscheduled days or hours, and should be prepared to perform tasks
outside their normal scope of duties. Category "An employees may be
required to remain at a designated facility during some portion of the
emergency event.
D.
Employees who are classified as category "Bn (Essential
Personnel) should be prepared to report for work, and should be prepared to
work any overtime hours if required to do so.
E.
Category "Bn employees may also be required to report for
work on unscheduled days or hours, and should be prepared to perform tasks
outside their normal scope of duties. Category' "B" employees may be
required to remain at a designated facility during some portion of the
emergency event.
F.
Employees who are classified as category "C" (Non-Essential
Personnel) may be released from their normal work duties and schedules as
circumstances dictate, subject to the following conditions:
5
S:\CA \Ordinances\Emergency Employee compensation.doc
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1.
the employee is to remam m periodic contact with their
supervisor or other designated representatives m accordance
with departmental procedures;
be available to respond to call back assignments as directed;
and
be prepared to work any overtime hours that may be required in
advance of or following an emergency event.
2.
3.
G.
The City of Boynton Beach rerains the right to change at any
time an employee's designation (as either "A", "B" or "C"), based upon the
type of civil emergency that exists, and upon the level or stage of response that
is deemed appropriate by City management to address the civil emergency.
See 12-5.
Duty to Work
An employee who is directed to report for work during a declared civil
emergency, and fails to do so, is subject to being disciplined, up to and
including termination. In addition to any disciplinary action, the employee
shall forfeit any compensation payable under these policies, except
compensation for hours actually worked.
See 12-6.
A.
Employee compensation.
Any employee classified as either "A" (EssentiallMandatory) or
"B" (Essential), who is not exempt from the overtime provisions of the Fair
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Labor Standards Act, will be compensated as follows during a period of local
emergency:
I. The employee will be paid their regular compensation of all hours they
are scheduled for work, but released from work.
Example: If an employee's is scheduled to work from 8:00
A.M. to 5:00 P.M., but is released from work at 3:00 P.M., the
employee will be paid as though the employee worked until
5:00 P.M., however, only those hours actually worked will be
counted for overtime purposes. .
2. The employee will be compensated at a premium rate of double their
regular base rate of pay for all hours actually worked, including hours
which would otherwise qualify for overtime pay (time and one-half).
Example: If an employee who earns $10.00 an hour IS
scheduled and required to work at 8:00 A.M. but a local
emergency was declared at 7:00 A.M., the employee shall be
paid $20.00 an hour for all hours actually worked until the local
emergency ends.
3. Any employee who is exempt from the overtime provisions of the Fair
Labor Standards Act, will be compensated at the employee's regular rate
of pay plus one (1) hour of strai ght time for each our actually worked.
See 12-7.
Standby and Call back pay
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No employee in entitled to not shall receive standby payor call back
pay during a period of local emergency.
See 12-8.
Record Keeping.
All employees are responsible for keeping accurate time logs/records
for hours worked during a declared state of emergency. The submission of a
request for compensation for time worked when the employee did not actually
work during a period of local emergency is grounds for termination of
employment.
See 12-9.
Handling of leave reQuests during a declared emergency.
Leave requests approved prior to a declared emergency will be
honored if, in the opinion of the employee's department director, the
employee's absence will not adversely affect the City's ability to effectively
respond to the emergency. However, all employees are subject to having
previously approved leave cancelled, and new requests for leave denied, based
upon an overriding organizational need to have the employee report for duty to
fulfill their job assignments during an emergency. Any off-duty employee
who anticipates being unavailable to respond to a call back assignment
associated with an emergency has a responsibility to discuss their plans with
their department director and request to be relieved from call back
responsibilities for the anticipated duration of the emergency. The department
director will evaluate the employee's reasons for the reQuest to be relieved of
8
S:\CA \Ordinances\Emergency Employee compensation.doc
1 possible call back responsibilities and notify the employee of hislher decision
2 as soon as possible. All employees who request sick leave immediately prior
3 to, during, or in recovery from a declared emergency may be required by the
4 department director to submit appropriate medical documentation to verifY
5 their sick leave request.
6 Special Note: An employee who is on a previously approved leave that was not
7 revoked prior to the specified civil emergency time period is not eligible for
8 administrative leave with payor any other form of special compensation that may be
9 made available under the provisions of this policy.
10
See 12-10
Holiday Pay.
11 If the declared emergency time period should encompass a holiday, an
12 employee is eligible to receive any applicable holiday pay they are due in addition to
13 any special compensation that is to be paid to under the conditions outlined in Section
14 5 above.
15
See 12-11.
Suspension of other compensation rules
16 During periods of declared local emergencies, the provisions of this ordinance
17 supersede all other provisions for scheduling and compensation set forth in any other
18 local rule, regulation, ordinance or collective bargaining agreement.
Section 3.
All ordinances or parts of ordinances in conflict herewith are hereby
19
20 repealed.
Section 4.
Should any section or provision of this ordinance or any portion thereof
21
9
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1 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
2 the remainder of this ordinance.
3
Section 5.
. Authority is hereby given to codify this Ordinance.
4
Section 6.
This ordinance shall become effective immediately upon passage.
5
6
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28
FIRST READING this _ day of July, 2005.
SECOND, FINAL READING AND PASSAGE this _ day of
, 2005.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
ATTEST:
Commissioner
City Clerk
10
S:\CA \Ordinances\Emergency Employee compensation.doc
XII. - LEGAL
ITEM C.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D April 5,2005 March 14,2005 (Noon.) D June 7, 2005 May 16,2005 (Noon)
D April 19, 2005 April 4, 2005 (Noon) D June 21, 2005 June 6, 2005 (Noon)
0 May 3, 2005 April 18, 2005 (Noon) [gI July 5, 2005 June 20, 2005 (Noon)
D May 17,2005 May 2,2005 (Noon) D July 19,2005 July 5, 2005 (Noon)
)--l
, 'H\-<
<C'
D Administrative D Development Plans )-q
D D N r r~<;J
NATURE OF Consent Agenda New Business :; ~:=J
ill ":J __<
AGENDA ITEM D Public Hearing [gI Legal "-~
~ ,~:; ---I
D Bids D Unfmished Business ~ ~~
~. ....-.
t~ -\1
D Announcement D Presentation .-Y.~ cr."}
--f'i
0 CJ~
City Manager's Report ." ."!; '''0
,-J
RECOMMENDATION: Resolution authorizing Intralocal agreement between City and CRA for land acquisition in the
Heart of Boynton Area.
EXPLANATION: The CRA Board has requested that the City work with the CRA on certain land acquisition for
redevelopment activities in the Heart of Boynton Redevelopment Area. This agreement sets the stage for cooperative work
between the City and the CRA to facilitate the purchase of property for redevelopment either by voluntary purchase (preferred
mode) or by eminent domain. No specific authorization is sought by the CRA for eminent domain via this agreement.
Rather, that authorization, if needed, would be sought through presentation of a subsequent resolution of necessity or
resolutions of necessity. The City Commission retains the sole authority to authorize eminent domain for land purchases. The
agreement also calls for swap of City-owned property on Martin Luther King Boulevard with the CRA for replacement
recreation property west of Seacrest.
FISCAL IMP ACT: The costs associated with property research, appraisals, survey, legal acquisition and relocation
assistance, as needed would be borne by the CRA.
AL TERNA TIVES: Do not authorize the Intralocal agreement. Property purchase in the HOB area by the CRA would
be voluntary. This may have an adverse inpact on successful implementation of the CRAlCommission approved HOB Plan.
Department Head's Signature
City Manager's Signature
Department Name
'",
.~
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
I
2 RESOLUTION NO. ROS-
3
4
5 A RESOLUTION OF THE CITY COMMISSION OF
6 BOYNTON BEACH, FLORIDA, APPROVING THE
7 INTERLOCAL AGREEMENT BETWEEN THE CITY OF
8 BOYNTON BEACH AND THE BOYNTON BEACH
9 COMMUNITY REDEVELOPMENT AGENCY FOR
10 LAND ACQUISITION IN THE HEART OF BOYNTON
II AREA; AND PROVIDING AN EFFECTIVE DATE.
12
I3
14 WHEREAS, the CRA Board has requested the City of Boynton Beach work with the
15 CRA on certain land acquisitions for redevelopment activities in the Heart of Boynton
16 Redevelopment Area; and
17 WHEREAS, as the result of the City Commission reserving the power of eminent
] 8 domain to itself when it formed the CRA, it may be necessary to acquire some properties
19 through the eminent domain process; and
20 WHEREAS, the Interlocal Agreement outlines the cooperative work between the City
21 and the CRA to facilitate purchase of property for redevelopment either by voluntary purchase
22 or through eminent domain proceedings; and
23 WHEREAS, the City Commission of the City of Boynton Beach, upon
24 recommendation of staff, deems it to be in the best interests of the residents and citizens of the
25 City of Boynton Beach to approve the Interlocal Agreement between the City of Boynton
26 Beach and Boynton Beach Community Redevelopment Agency outlining the responsibilities
27 relating to the Heart of Boynton Redevelopment project.
28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
S:\CA \RESO\Agreements\Jnterlocals\ILA v.ith CRA (HOB project).doc
Section 1.
Each Whereas clause set forth above IS true and correct and
2 incorporated herein by this reference.
3
Section 2.
The City Commission of the City of Boynton Beach, Florida does
4 hereby approve the Interlocal Agreement between the City of Boynton Beach and the Boynton
5 Beach Community Redevelopment Agency outlining the responsibilities relating to the Heart
6 of Boynton Redevelopment project, a copy of said Agreement is attached hereto as Exhibit
7 "A".
8
Section 3.
That this Resolution shall become effective immediately upon passage.
9
PASSED AND ADOPTED this _ day of
,2005.
10
11
12
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14
15
16
17
18
19
20
21
22
23
24
25
26
27 ATTEST:
28
29
30 City Clerk
31
32
33 (Corporate Seal)
34
35
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\RESO'Agreements\lnterlocals\ILA with CRA (HOB project).doc
AGREEMENT FOR THE BOYNTON BEACH-
HEART OF BOYNTON PROJECT
THIS IS AN AGREEMENT, made and entered into this _ day of ,2005,
by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
(hereinafter "CRA") and the CITY OF BOYNTON BEACH, Florida (hereinafter "CITY").
WHEREAS, the CITY has adopted a plan, known as the Heart of Boynton Plan, to promote
rehabilitation and redevelopment of a designated area within the CRA boundaries (see description
and map thereof attached hereto as Exhibit "A", hereinafter referred to as the "HOB Property"); and
WHEREAS, the CITY and the CRA find that the Heart of Boynton Plan is consistent with
the mission and powers of the CITY and the CRA to engage in redevelopment activities as described
in the Community Redevelopment Act of 1969; and,
WHEREAS, the CRA plans to acquire certain properties within the HOB (see description and
plan attached hereto as Exhibit "B"); and
WHEREAS, the CITY plans to acquire or owns certain properties within the HOB (see
description and plan attached hereto as Exhibits "C & D"); and
WHEREAS, as the result of the CITY having reserved the power of eminent domain to itself
when it formed the CRA, it may be necessary to acquire some properties through the process of
eminent domain; and
WHEREAS, if the CITY acquires properties through the process of eminent domain for the
CRA as described in Exhibit "D", then the CRA shall pay for all the costs for the property acquisition
including, but not limited to, all litigation expenses, attorneys' fees, expert witness fees and just
compensation paid to any property owner or other interested party; and
WHEREAS, the CRA will be acquiring property located in the HOB area in order to
exchange said property with the CITY (joined by Palm Beach County ("County") if necessary) Isee
description and map attached hereto as Exhibit "E"; and
WHEREAS, the parties hereto desire to outline the responsibilities relating to the HOB
assembly;
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, and other good and valuable consideration, the receipt and adequacy of which are
acknowledged, the CRA and the CITY agree as follows:
1.0 Recitals. The foregoing recitals are true and correct and are hereby
incorporated into this Agreement.
I The City owns property that was transferred from Palm Beach County but which is subject to a public park or open
space use restriction. The property can be better used for redevelopment consistent with the HOB Plan with a park
or open space in an alternate location. A land exchange is contemplated and the consent of the County may be
required.
Page 1
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2.0 Responsibilities of the CRA.
2. I The CRA shall attempt to acquire voluntarily the properties described in Exhibit "B".
2.2 Upon request of the CRA, the CITY may, in its sole and absolute discretion, elect to
file, maintain, prosecute, settle or otherwise dispose of any eminent domain action for the purpose of
acquiring the HOB property identified in Exhibit "B".
2.3 Should the CITY acquire properties through the process of eminent domain for the
CRA as descripted in Exhibit "D", then the CRA shall pay for all of the CITY'S costs of said
properties' acquisition including, but not limited to, all litigation expenses attorneys' fees, expert
witness fees and costs.
2.4 Should title be obtained by the CRA for the property described in Exhibit "E", then
the CRA agrees to convey said property to the County or the City as a part of a land swap should
such a land swap be agreeable to the County, and at no cost or expense to the CITY.
3.0 Responsibilities of the CITY.
3. I The CITY, upon the request of the CRA, and in its sole and absolute discretion, may
acquire, elect to file, maintain, prosecute, settle or otherwise dispose of any eminent domain action
for the purpose of acquiring the HOB property identified in Exhibit "B". Should the CITY acquire
properties through the process of eminent domain for the CRA as de scripted in Exhibit "D", then the
CRA shall pay for all of the CITY'S costs of said properties' acquisition including, but not limited to,
all litigation expenses, attorneys' fees, expert witness fees and costs.
3.2 The CITY may acquire all of the properties described In Exhibit "D" either
voluntarily or through the process of eminent domain.
3.3 The CITY agrees that the property described in Exhibit "E"(described as "City
Properties") shall be traded to the CRA for the property described in Exhibit "E" (described as CRA
Properties Purchased and/or Paid Eminent Domain Costs").
4.0 Term of Agreement. The term of this Agreement shall begin on the Effective Date
as defined herein and end when:
a. All of the property to be acquired has been acquired; and
b. When the land to be swapped to the County or the CITY has been properly titled to
the CRA (if such land swap occurs); and
c. When the CITY or CRA cease to be the owner of the Property so titled to each entity.
5.0 Severability. If any provision of this Agreement or application thereof to any
person or situation shall to any extent, be held invalid or unenforceable, the remainder of this
Agreement, and the application of such provisions to persons or situations other than those as to
which it shall have been held invalid or unenforceable shall not be affected thereby, and shall
continue in full force and effect, and be enforced to the fullest extent permitted by law.
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6.0
parties and
Agreement.
Entire Agreement. This Agreement constitutes the entire understanding of the
any previous agreements, whether written or oral, are hereby superseded by this
This Agreement may be modified in accordance with paragraph 7.0 below.
7.0 Modification of Agreement. This Agreement may be modified upon mutual consent
of the parties only in writing, and executed with the same dignity herewith.
8.0 Binding Authority. Each person signing this Agreement on behalf of either party
individually warrants that he or she has full legal power to execute this Agreement on behalf of the
party for whom he or she is signing, and to bind and obligate such party with respect to all provisions
contained in this Agreement.
9.0 Governing Law and Venue. This Agreement shall be governed by the laws of the
State of Florida, with venue lying in Palm Beach County, Florida.
10.0 Remedies. Any and all legal actions necessary to enforce this Agreement will be
conducted in Palm Beach County, Florida. No remedy herein conferred upon any party is intended
to be exclusive of any other remedy, and each and every such remedy given hereunder or now or
hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any
party of any right, power or remedy hereunder shall preclude any other or further exercise hereof.
11.0 Interpretation. This Agreement shall not be construed more strictly against one
party than against the other merely by virtue of the fact that it may have been prepared by counsel for
one of the parties.
12.0. Effective Date. This Agreement shall become effective on the date last signed by
the parties.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day
and year first written above.
Signed and Seal and Witnessed
in the presence of:
CITY OF BOYNTON BEACH, FL
Witness
Mayor
Witness
ATTEST:
Approved as to Form:
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City Clerk
City Attorney
Signed, sealed and witnessed in the
Presence of:
CRA
Witness
Chair
Approved as to Form:
Witness
CRA Attorney
State of Florida )
)ss.
County of Palm Beach)
Personally appeared before me duly authorized to administer oaths , to me known to be the
person described herein and who executed the foregoing instrument and has acknowledged before me
and has executed the same.
Notary Public
My Commission Expires:
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AGREEMENT FOR THE BOYNTON BEACH-
HEART OF BOYNTON PROJECT PHASE I
THIS IS AN AGREEMENT, made and entered into this _ day of , 2005,
by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
(hereinafter "CRA") and the CITY OF BOYNTON BEACH, Florida (hereinafter "CITY").
WHEREAS, the CITY has adopted a plan, known as the Heart of Boynton Plan, to promote
rehabilitation and redevelopment of a designated area within the CRA boundaries (see description
and map thereof attached hereto as Exhibit "A", hereinafter referred to as the "HOB Property"); and
WHEREAS, the CITY and the CRA find that the Heart of Boynton Plan is consistent with
the mission and powers of the CITY and the CRA to engage in redevelopment activities as described
in the Community Redevelopment Act of 1969; and,
WHEREAS, the CRA plans to acquire certain properties within the HOB Property Phase I I
(see description and plan attached hereto as Exhibit "B"); and
WHEREAS, the CITY plans to acquire or owns certain properties within the HOB Property
Phase I (see description and plan attached hereto as Exhibits "D.G & .J;D"); and
WHEREAS, as the result of the CITY having reserved the power of eminent domain to itself
when it formed the CRA, it may be necessary to acquire some properties through the process of
eminent domain; and
WHEREAS, if the CITY acquires properties through the process of eminent domain for the
CRA as described in Exhibit "ED", then the CRA shall pay for all the costs for the property
acquisition including, but not limited to, all litigation expenses, atld-attorneys' fees, expert witness
fees and just compensation paid to any property owner or other interested party; and
WHEREAS, the CRA will be acquiring property located in the HOB Pha~;e I area in order to
exchange said property with the CITY (joined by Palm Beach County ("County") if necessary) lsee
description and map attached hereto as Exhibit "F.E"; and
WHEREAS, the parties hereto desire to outline the responsibilities relating to the HOB
Property Phase I assembly;
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, and other good and valuable consideration, the receipt and adequacy of which are
acknowledged, the CRA and the CITY agree as follows:
I The City owns property that was transferred from Palm Beach County but which is subject to a public park or open
space use restriction. The property can be better used for redevelopment consistent with the HOB Plan with a park
or open space in an alternate location. A land exchange is contemplated and the consent of the County may be
required.
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1.0 Recitals. The foregoing recitals are true and correct and are hereby
incorporated into this Agreement.
2.0 Responsibilities of the CRA.
2.1 The CRA shall attempt to acquire voluntarily the properties described in Exhibit "B".
2.2 Upon request of the CRA, the CITY may, in its sole and absolute discretion, elect to
file, maintain, prosecute, settle or otherwise dispose of any eminent domain action for the purpose of
acquiring the HOB property identified in Exhibit ~B~.
2.3 Should the CITY acquire properties through the process of eminent domain for the
CRA as de scripted in Exhibit "ED", then the CRA shall pay for all of the CITY'S costs of said
properties' acquisition including, but not limited to, all litigation expenses attorneys' fees, expert
witness fees and costs.
2.4 Should title be obtained by the CRA for the property described in Exhibit "Fg", then
the CRA agrees to convey said property to the County or the City as a part of a land swap should
such a land swap be agreeable to the County, and at no cost or expense to the CITY.
3.0 Responsibilities of the CITY.
3.1 The CITY, upon the request of the CRA, and in its sole and absolute discretion, may
acquire, elect to file, maintain, prosecute, settle or otherwise dispose of any eminent domain action
for the purpose of acquiring the HOB property identified in Exhibit "B". Should the CITY acquire
properties through the process of eminent domain for the CRA as descripted in Exhibit "ED", then
the CRA shall pay for all of the CITY'S costs of said properties' acquisition including, but not
limited to, all litigation expenses, attorneys' fees, expert witness fees and costs.
3.2 The CITY may acquire all of the properties described in Exhibit "ED" either I
voluntarily or through the process of eminent domain.
3.3 The CITY agrees that the property described in Exhibit "Fg"(described as "City
Properties") shall be traded to the CRA for the property described in Exhibit "Fg" (described as
CRA Properties Purchased and/or Paid Eminent Domain Costs").
4.0 Term of Agreement.' The term of this Agreement shall begin on the Effective Date
as defined herein and end when:
a. All of the property to be acquired has been acquired; and
b. When the land to be swapped to the County or the CITY has been properly titled to
the CRA (if such land swap occurs); and
c. When the CITY or CRA cease to be the owner of the Property so titled to each entity.
5.0 Severability. If any provision of this Agreement or application thereof to any
person or situation shall to any extent, be held invalid or unenforceable, the remainder of this
Agreement, and the application of such provisions to persons or situations other than those as to
which it shall have been held invalid or unenforceable shall not be affected thereby, and shall
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continue in full force and effect, and be enforced to the fullest extent permitted by law.
6.0
parties and
Agreement.
Entire Agreement. This Agreement constitutes the entire understanding of the
any previous agreements, whether written or oral, are hereby superseded by this
This Agreement may be modified in accordance with paragraph 7.0 below.
7.0 Modification of Agreement. This Agreement may be modified upon mutual consent
of the parties only in writing, and executed with the same dignity herewith.
8.0 Binding Authority. Each person signing this Agreement on behalf of either party
individually warrants that he or she has full legal power to execute this Agreement on behalf of the
party for whom he or she is signing, and to bind and obligate such party with respect to all provisions
contained in this Agreement.
9.0 Governing Law and Venue. This Agreement shall be governed by the laws of the
State of Florida, with venue lying in Palm Beach County, Florida.
10.0 Remedies. Any and all legal actions necessary to enforce this Agreement will be
conducted in Palm Beach County, Florida. No remedy herein conferred upon any party is intended
to be exclusive of any other remedy, and each and every such remedy given hereunder or now or
hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any
party of any right, power or remedy hereunder shall preclude any other or further exercise hereof.
11.0 Interpretation. This Agreement shall not be construed more strictly against one
party than against the other merely by virtue of the fact that it may have been prepared by counsel for
one ofthe parties.
12.0. Effective Date. This Agreement shall become effective on the date last signed by
the parties.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day
and year first written above.
Signed and Seal and Witnessed
in the presence of:
CITY OF BOYNTON BEACH, FL
Witness
Mayor
Witness
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ATTEST:
Approved as to Form:
City Clerk
City Attorney
Signed, sealed and witnessed in the
Presence of:
CRA
Witness
Chair
Approved as to Form:
Witness
CRA Attorney
State of Florida )
)ss.
County of Palm Beach)
Personally appeared before me duly authorized to administer oaths , to me known to be the
person described herein and who executed the foregoing instrument and has acknowledged before me
and has executed the same.
Notary Public
My Commission Expires:
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XIII-UNFINISHED BUSINESS
ITEM A.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D AprilS, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16, 2005 (Noon)
D April 19,2005 April 4,2005 ONoon) D June 2 I, 2005 June 6, 2005 (Noon)
D May 3, 2005 April 18, 2005 (Noon) [;8J July 5, 2005 June 20, 2005 (Noon)
D May 17,2005 May 2, 2005 (Noon) D July 19,2005 July 5, 2005 (Noon)
D Administrative D Development Plans
NATURE OF D Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
0 Bids [gI UnfInished Business
0 Announcement D Presentation
D City Manager's Report
RECOMMENDATION: Please place this request on the July 5,2005 City Commission Agenda under UnfInished
Business. This project was presented to the Planning and Development Board on May 24, 2005, and to the Community
Redevelopment Agency Board on June 9, 2005. Both Boards forward this project to the City Commission with a
recommendation for approval, with the recommended changes as described below. For further details pertaining to the
request, see attached Department of Development Memorandum No. PZ 05-088.
P & D Board recommendations:
EXPLANATION:
PROJECT:
AGENT:
LOCATION:
DESCRIPTION:
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES.
Building Colors along Major Roadways (CDRV 05-009)
City Initiated
N/A
Proposal to amend the Land Development Regulations, Chapters, 4 and 9 to limit building
colors, and require the review/approval for changes to building colors for buildings
located along Boynton Beach Boulevard, Federal Highway, and Congress A venue.
N/A
N/A
/
~'SSignature
Develo
l~~{. .
Planning and Zo g irector City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\Colors\Agenda lIem Request Building colors on major areas.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEPARTMENT OF DEVELOPMENT
Memorandum PZ 05-088
FROM:
DATE:
RE:
Chair and Members,
Planning & Development Board
Community Redevelopment Agency Board
Michael Rumpf, Planning & Zoning Division
May 13, 2005
Regulation of building colors on major thoroughfares
TO:
INTRODUCTION
Concerned for the aesthetic appearance of developments located along the arterial roadway corridors
in Boynton Beach, the City Commission directed staff to consider regulations on building colors, and
to initially obtain input from the two respective advisory boards. Although there was not strong
consensus on all aspects of this issue, both boards generally support increased review of color
changes, oppose the adoption of a specific color pallet, favor an increased review above staffs
administrative review, spoke of importance of having "teeth" in the system such as a required permit
for repainting projects, and that single-family houses should be exempt. Staff reviewed existing
regulations, researched comparable codes, and reviewed color theory including the Munsell Color
Classification System. Based on the understanding that the city desires strict color standards for the
three (3) major corridors including Boynton Beach Boulevard, Congress Avenue, and Federal
Highway, staff has drafted code amendments for consideration.
Staff understands the goal of this effort to prevent the presence of undesirable building colors from
degrading the appearance of major roadway corridors. The challenge to accomplishing this goal is
establishing a regulatory system given the subjective nature of the industry's classification of colors,
the difficulty in attaining consensus on colors, and the need for regulations to be clear, concise and
defensible. Staff also emphasized in this project, the need to maintain an efficient and friendly
development review process that maintains the positive reputation achieved to date, and minimizes
the enforcement burden on staff time and resources.
O'
f
I' b 'Id'
. d f II
tptlons or reQu atlnQ UI InQ co ors are summanze as 0 ows:
Regulatory System Regulatory scrutiny Process impact User-friendliness
Mandatory color palate High/Low No affect Depends on choices
Subjective codes w/board Highest More review time Least friendly
review
Color standards (objective) Medium No affect Depends on choices
Relative stnds. (to existing) Moderate No affect Fairly friendly
No color requirements Lowest No affect Most friendly
EXISTING REGULATIONS
The city's regulations are currently void of specific rules governing building colors. Although sign
colors are to be "complimentary to the colors of the structure on which it is to be located", in the
Page 2 of 6
absence of specific color regulations, staff has applied requirements of Chapter 9. Community Design
Plan, that are specifically applicable to building and architectural design, to colors proposed for new
projects. Chapter 9, under Section 11. Exterior Building Design, reads as follows:
"B. When a distinct development or architectural pattern exists within
a surrounding two block area, consistency with that pattern shall be required,
unless the pattern of development is in a dilapidated condition. This provision
shall not require buildings to be exact copies of each other. " and
"D. When the area involved forms an integral part of, or is
immediately adjacent to, or otherwise clearly affects the future of any
established section of the city, the desian. scale and location on the site shall
enhance rather than detract from the character, value, and attractiveness of
that section of the city. "
It should be noted that since Chapter 9 applies to new construction and substantial improvements to
existing projects (major modifications), it does not apply to minor modifications.
With respect to minor/major plan modifications, Chapter 4. Site Plan Review, lists criteria used to
determine if proposed project changes are major or minor. The following paraphrased excerpt is from
Section 9.C of that Chapter:
C. In making a minor/major modification determination, the planning
director shall consider the following:
1. increase ...buildable square footage ....by more than five (5)
percent.
2. reduce the provided number of parking space below required
number.. ..
3. cause development to be below the development standards in
LOR.
4. Does the modification have an adverse effect on adiacent or
nearby properly or reduce required physical buffers, such as fences, trees, or
hedges.
5. Does the modification adversely affect the elevation desicm of
the structure or reduce the overall design of the structure below the standards
stated in the community design plan.
6. meet the concurrency requirements.....
7. modified site plan does not resemble the approved site plan.
The underlined text represents those criteria occasionally used by staff in reviewing proposed
changes to proposed colors, despite their intent to address building design, location, and other
elements regulated by the Community Design Plan. If confronted with potentially undesirable
proposed project colors, and by an applicant unwilling to compromise, staff would deem the change
"major" thereby requiring fonnal site plan review culminating in Commission review. Alternatively, the
applicant could appeal the administrative decision, which similarly, would be reviewed by the City
Commission.
However, this current process not only lacks enforceable codes, but is flawed by virtue of the
subjective nature of reviewing paint colors. While new site plans facilitate the thorough review of
project colors by both the advisory board and Commission, the minor modification process relies upon
staff to make subject decisions in reviewing acceptable building colors.
Page 3 of 6
PROPOSED AMENDMENTS
Staff has drafted proposed amendments following a city-wide windshield survey (reference
corresponding PowerPoint slide show) to view predominant building colors, consideration of
regulations from other municipalities, and following identification of a subjective color classification
system. The proposed amendments, as described and provided below, begin by adding purpose or
preamble text to establish colors as an important design aspect, adds color changes to applicability
criteria of Chapter 9, defines special road corridor and the corresponding acceptable color groups,
establishes maximum color limits (intensities) based on the Munsell Color Classification system,
places burden of proof of compliance on the applicant, adds color changes as a criteria for
major/minor modification reviews and describes submittal information. The changes also delegates to
the advisory boards the responsibility to review appeals to administrative decisions involving change
in project colors. Prior to codification of final amendments, staff will also incorporate penalty and
enforcement provisions with input from the City Attorney's Office. Entire excerpts of the proposed
amendments are also included as Exhibit "A".
Preamble
The following text is proposed for Chapter 9. Section 11 (new subsection "K"), and would provide the
basis and importance of new color regulations. This new section is proposed as follows:
K. Building colors. Boynton Beach recognizes that protect
architecture and colors can oositively or negativelY imoact its
aesthetic environment. image, and oroperty values. Building colors
should be carefully selected to be compatible with and compliment
protect architecture, colors of fixed elements such as roof materials,
and colors of adtacent protects. Protect colors will be selected to
provide aoorooriate orooortions of, and coordinated base, secondary,
trim, and accent colors. Protect colors are intended to complement
and contribute to the surrounding area and city, rather than primarilY
attract attention to a single protect from a distance. The intent of this
section is not to require identical colors, but to require the careful
selection of colors that will contribute to the overall aopearance of
the city.
This text documents the importance to the city of building colors; states the importance of careful color
selection, color compatibility, and color hierarchy; and the purpose of colors to contribute to an area
rather than just to a single project. Note that this preamble recognizes the hierarchy in design and
painting of a building by requiring a level of fayade detail that facilitates use of a variety of (yet
complimentary) colors for the three different areas of a wall-base or primary wall, secondary portions
of a wall, and the trim and "accent" areas.
Applicability
The following text is proposed to Chapter 9. Section 4 (new criterion #5) so that this chapter and the
new requirements are applicable to changes proposed to approved or existing project colors, for
projects that are located along any of the three target roadways. This new criterion reads as follows:
5. When exterior oaint colors are to be changed on an
existing building located as described in Section 11.K.1 (onlY
Subsection 11.K aoplies to proposed improvement unless orotect also
includes other modifications as described in this chapter). Changes as
described in section 11.K.1 shall be processed as a mator or minor
site Dlan modification. and in accordance with Section 11. K of this
chapter.
Page 4 of 6
This text also clarifies that other requirements of Chapter 9 such as roof top screening, would not
apply to changes that only involve exterior colors.
Color Standards
This text represents the core of the proposed standards, defining the preferred colors or color groups
to which the target roadway corridors are limited, and establishing the upper limit on color intensity (or
saturation) as a quantifiable label defined by the Munsell Color Classification system. The proposed
color groups and Munsell value and chroma limits can be adjusted based on preferences and
consensus from the advisory boards and City Commission.
The Munsell Color Classification system was established by the artist Albert H. Munsell in 1905, to
provide a standard objective classification methodology that uses a rational numerical system rather
than color names to describe different colors. This continues to be a system used by the U.S.
National Bureau of Standards. This system is proposed for the city's color regulations to define the
measurable threshold for acceptable color chroma or saturation (commonly referred to as "intensity".
This system is based around, and further defined by three attributes of color: Hue, Value and Chroma,
and each represented by numerical quality. This system will be further defined by staff as part of the
presentations before the board and Commission; however, it is important to note that the maximum
value and chroma qualities, established in the code, will be applied only when a compromise cannot
be reached with the applicant using basic visual analysis of the proposed colors, against the general
limits described in the code. It should also noted that the burden will be placed on the applicant, when
staff initially determines that the proposed colors exceed the maximums, to obtain and provide to staff
the actual nearest quality scores for the proposed colors from the Munsell classification system. The
proposed standards read as follows:
1. Due to the hiah visibility of buildinas located alona Conaress
Avenue. Boynton Beach Boulevard and Federal Hlahway. and oarticularlyaiven
the intent of redevelooment olans to beautify and unify Federal Hiahway and a
seament of Boynton Beach Boulevard. buildina colors for new oroiects. or
existina oroiects orooosed for minor or maior modification, will be further
reaulated by the followina reauirements:
a. CommerciaVofficelindustrial oroiects.Base/main wall color will be
Iiaht (hlah "value" colors limited to whites. arays and belaes. Atyoical buildina
colors such as ourole. oink. blue. areen and teal. should be substituted with
more common oastels or hue cateaories such as yellow or oeach. Secondary
colors will not cover areater than 25% of each individual wall area. Secondary
colors will be consistent with the wall color standards. or can be a moderately
saturated wall color or a moderately saturated comolimentarv color. Trim and
accent colors may be the most saturated colors allowed. and are encouraaed to
be comolimentarv earth tones and/or oastels. The maanitude of saturation will
be oroDortional to the saturation of the wall and secondary colors. If orooosed
colors are determined by the Plannina & Zonina Director to be inconsistent with
the intent of this section. aoolicant shall verify comoliance usina the Munsell
Color Classification System. with eiaht (8) beina the minimum value. and six (6)
beina the maximum chroma. The maximum allowed difference in saturation
between the base color and secondary color is three (3) whole increments. The
aoolicant may be reauired to orovide exact color notations from the Munsell
Color Classification System. to confirm comoliance with these standards.
b. Residentialoroiects (excludina one and two family structures).
Colors for residential oroiects are allowed to include a areater
aamut of colors. to include whites. belaes and other earth tones. consistent with
oaraaraoh "K" of this section. with secondary. trim and accent colors consistent
with oaraaraoh "a" of this section.
Page 5 of 6
Note paragraph "1", defines the target roadways similar to how the target roadway corridors are
identified in the preceding, existing subsection regarding overhead doors. Paragraph "a"
accomplishes the following:
1. Recognizes the importance of hierarchy in design and painting of a building by providing
separate standards for the three or four different painting areas of a wall-base, secondary,
and trim or accent; sets 25% as the maximum amount of space for secondary elements;
and recognizes the benefit of compatible diversity through flexibility in using bolder (higher
chroma) colors for trim and accent elements;
2. Establishes acceptable color groups (or "hues") for each area of the fa~de. This therefore
excludes from use as a base color certain color groups commonly known, for example, as
the "historical palette", which tends to be darker, very saturated colors. "Light" colors are
also known by the industry as "whites" or "white bases"; and
3. References the Munsell system as the standard, and sets thresholds for value and chroma
as 8 and 6, respectively. Note that the two attributes are inversely proportional, as the
higher the "value" the lighter the color, and the higher the "chroma" the bolder (brighter or
more "saturated") the color.
Paragraph "b" accomplishes the following:
1. Excludes single and two family structures from the color regulations; and
2. Provides greater flexibility in color choices by allowing the selected "hues" (color families)
that are excluded from paragraph "a" such as "earth tones".
Minor/Maior Review Criteria
Chapter 4. Site Plan Review, Section 9. Modification of approved site plan is proposed to be amended
to provide the beneficial reference to the new color regulations within Chapter 9, in addition to
requiring all repainting projects to be reviewed for conformance with the preamble of the color
regulations. This is the most significant change other than those changes intended for properties
along selected roadway corridors. While this would increase the review role over repainting projects,
and prevent extremely undesirable colors, it would likely generate significantly more violations and
enforcement activity due to lack of knowledge of the new regulations, or painting activities that would
intentionally disregard new codes. This text would read as follows, beginning with the section title:
Section 9. Modification of existinG improvements :JPProvod sito plan
A. Minor: A non-impacting modification which will have no adverse
effect on the approved site and development p/aR and no impact upon adjacent
and nearby properties, and no adverse aesthetic impact when viewed from a
public right-of-way as determined by the planning and zoning director.
5. Does the modification adversely affect the elevation design of the
structure or reduce the overall design of the structure below the standards
stated in the Community Design Plan. Does the modification propose to repaint
a proiect usinG existina colors. of which are inconsistent with color standards of
section K. 1 of the Community DesiGn Plan. or propose to chanae proiect
colorrs) inconsistent with color standards of section K.1.
The proposed changes to the section title are unrelated to this color project, and intended to allow
application of the major/minor modification review for current regulations against changes to any
existing site, rather than implying that it applies only to modern day projects improved with a site plan
currently on file. This would prevent interpretations that exempt older sites from being reviewed for
site changes, or from automatically requiring them to undergo formal site plan review when in fact the
proposed changes are "minor". This also prevents codes from discouraging desirable redevelopment
and property improvements, by limiting the extent of regulations that are applicable to older, non-
conforming properties, particularly when it is cost-prohibitive to be brought totally "up to code".
Page 6 of 6
Appeals
This proposed addition to Chapter 1. General Provisions, Article VIII. Appeals, provides the advisory
boards with the responsibility to hear the appeals of administrative decisions leading from the review
of paint colors for conformance with the new color regulations. This new paragraph "5" is consistent
with feedback received from advisory boards during initial discussions, as summarized in the first
paragraph of this report.
5. The Plannina & Development Board and Community Re-
development Aaency Board will hear and decide appeals of admin-
istrative decisions or determination in the enforcement of maior/ minor
site plan modifications involvina chanae in proiect colors, or compliance
with other color reaulations.
Definitions
The following definitions are to supplement existing definitions within Chapter 1, Article II, for the
purpose of providing proper documentation for this topic that is new to city regulations. The proposed
definitions are as follows:
The Munsell Color System. A common Iv used color measurement methodoloav
usina a rational numerical classification system rather than color names to
describe different colors. This system is based around. and further defined bv
three attributes of color: Hue. Value and Chroma. and each represented bv
numerical aualitv.
Hue. The basis of a color. also referred to as the color familv usina the primary
and secondary colors.
Value. The liahtness or darkness of a color. also known as the orav scale (0 =
absolute black. 10 = theoretical white).
Chroma. The intensity of a color. also referred to as its strenoth or saturation.
Saturation. The intensity. strenath or briahtness of a color.
Sase/wall color. The color used for those portions of the wall that represent the
areater surface area compared to the remainder of the facade.
Secondary color. The color used on smaller portions of a wall. or on larae trim
areas of the facade. and should not exceed 25% of each individual wall.
Trim and accent colors. These are buildina colors used on doors. around doors
and windows. alona roof lines or other planes of the facade. or on features used
for architectural enhancement or definition.
CONCLUSIONS/RECOMMENDATIONS
Staff presents these recommend code amendments for consideration by the advisory boards and City
Commission. As indicated above, the only aspect of these proposed regulations known by staff to be
absent, which will still be formulated through collaboration with the City Attorney's Office, regard
enforcement and penalties. Staff also acknowledges that the awareness and understanding of the
business community is vital to the successful implementation of the ultimate regulations adopted by
the Commission. Directly mailed notices to those owners of property located along the target
roadways, may be necessary to maximize the awareness of any new regulations.
MR
Attachments S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\Colors\staff report.doc
Part III. LDRs, Chapter 4. Site Plan Review
Section 9. Modification of apl'revcd site platt.
A. Minor: A non-impacting modification which will have no adverse
effect on the ~pprovcd site and development i*afl and no impact upon
adjacent and nearby properties, and no adverse aesthetic impact when
viewed from a public right-of-way as determined by the planning and zoning
director.
B. Major: A modification which presents a significant change in
intensity of use which, in turn, may have a significant impact upon facilities,
concurrency; upon nearby and adjacent properties, or upon findings made at
the time of approval of the site and development plan as determined by the
planning and zoning director.
C. In making a minor/major modification determination, the planning
and zoning director shall consider the following:
1. Does the modification increase the buildable square footage of
the development by more than five (5) percent.
2. Does the modification reduce the provided number of parking
space below the required number of parking spaces.
3. Does the modification cause the development to be below the
development standards for the zoning district in which it is located or other
applicable standards in the Land Development Regulations.
4. Does the modification have an adverse effect on adjacent or
nearby property or reduce required physical buffers, such as fences, trees,
or hedges.
5. Does the modification adversely affect the elevation design of
the structure or reduce the overall design of the structure below the
standards stated in the Community Design Plan. Does the modification
propose to repaint a project using existing colors, of which are inconsistent
with color standards of section K.1 of the Community Desion Plan, or
propose to change project color(s) inconsistent with color standards of
section K.1.
6. Does the modified development meet the concurrency
requirements of the Boynton Beach Comprehensive Plan.
7. Does the modification alter the site layout so that the modified
site plan does not resemble the approved site plan.
F. Required information: The following information must be
presented with a request for a site plan modification:
1. Minor: A letter which sets forth the requested changes along
with an exhibit showing that portion of the site plan which is to be changed
in its present condition and an exhibit depicting the requested change.
Where the proposed changes include project colors, required information will
also include color swatches of the existing and proposed colors, and
corresponding elevation drawings. Photographs or alternative graphics in lieu
of elevation drawings may be submitted if deemed acceptable by the
Planning & Zoning Director. The applicant may be responsible for providing
exact color notations from the Munsell Color Classification system, to confirm
compliance with Chapter 9 of these regulations.
2. Major: A major modification shall contain the same information
as required for a new site plan submittal.
Part III. LDRs, Chapter 9. Community Design Plan
Sec. 4. Applicability.
A. New Construction. This chapter shall apply concurrently and in
direct relation with the requirements of Chapter 4, Site Plan Review of these
regulations.
B. Existing Construction. This chapter shall be applicable under any of
the following conditions:
1. When an existing building is proposed to be enlarged.
2. When exterior alteration or reconstruction of an existing building
is changed and/or alters the effect of the architectural design of the building.
3. When an existing building and/or site is substantially improved.
4. When the occupancy classification of the building changes as
defined by the Standard Building Code.
5. When exterior paint colors are to be changed on an existing
building located as described in Section 11.K.1 (onlY Section l1.K applies to
proposed improvement unless project also includes other modifications as
described in this section). Changes as described in section 11.K.1 shall be
processed as a malor or minor site plan modification, and in accordance with
Section l1.K of this chapter.
Part III. LDRs, Chapter 9. Community Design Plan
Sec. 11. Exterior Building Design.
1. All building facades of a building that face or are visible from public
or private streets shall be designed to be as attractive in appearance as the
front of the building.
J. Due to the high degree of visibility of buildings located on Hypoluxo
Road, Miner Road, Congress Avenue, Lawrence Road, Gateway Boulevard,
Quantum Lakes Drive, Old Boynton Road, Knuth Road, Woolbright Road,
Boynton Beach Boulevard, Winchester Boulevard, High Ridge Road, Seacrest
Boulevard, Golf Road, Ocean Avenue, Federal Highway, Old Dixie Highway,
N.E. 10th Avenue and S.E. 36th Avenue; most of which are considered
entrances to the City, the following additional exterior design requirements
apply:
1. Overhead doors shall not be located on a building facade(s) that
faces any of the above public or private street.
2. Industrial buildings located on any of the above streets shall be
designed in such a manner so as to disguise their typical warehouse
appearance.
K. Building colors. Boynton Beach recognizes that project architecture
and colors can positively or negatively impact its aesthetic environment,
image, and property values. Building colors should be carefully selected to
be compatible with and compliment project architecture, colors of fixed
elements such as roof materials, and colors of adjacent projects. Project
colors will be selected to provide appropriate proportions of, and coordinated
base, secondary, trim, and accent colors. Project colors are intended to
complement and contribute to the surrounding area and city, rather than
primarily attract attention to a single project from a distance. The intent of
this section is not to require identical colors, but to require the careful
selection of colors that will contribute to the overall appearance of the city.
1. Due to the high visibility of buildings located along Congress
Avenue, Boynton Beach Boulevard and Federal Highway, and particularly
given the intent of redevelopment plans to beautify and unify Federal
Highway and a segment of Boynton Beach Boulevard, building colors for new
proiects, or existing projects proposed for minor or major modification, will
be further regulated by the following requirements:
a. Commercial/office/Industrial projects. Base/main wall color
will be light (high "value") colors limited to whites, grays and beiges.
Atypical building colors such as purple, pink, blue, green and teal, should be
substituted with more common pastels or hue categories such as yellow or
peach. Secondary colors will not cover greater than 250/0 of each individual
wall area. Secondary colors will be consistent with the wall color standards,
or can be a moderatelv saturated wall color or a moderately saturated
complimentary color. Trim and accent colors may be the most saturated
colors allowed, and are encouraged to be complimentary earth tones and/or
pastels. The magnitude of saturation will be proportional to the saturation of
the wall and secondary colors. If proposed colors are determined bv the
Planning & Zoning Director to be inconsistent with the intent of this section,
applicant shall verify compliance using the Munsell Color Classification
SYstem, with eight (8) being the minimum value, and six (6) being the
maximum chroma. The maximum allowed difference in saturation between
the base color and secondary color is three (3) whole increments. The
applicant may be required to provide exact color notations from the Munsell
Color Classification System, to confirm compliance with these standards.
b. Residential projects. Colors for residential projects are allowed
to include a greater gamut of colors, to include whites, beiges and other
earth tones, consistent with paragraph "K" of this section, with secondary,
trim and accent colors consistent with paragraph "a" of this section.
Part III. LDR, Chapter 1. General Provisions
Art. VII. Appeals
D. ASSIGNMENT OF APPEALS. The City of Boynton Beach has several
boards/commissions which deal with a variety of appeals, variances,
exemptions, exceptions, etc., as follows:
1. The building board of adjustment and appeals will hear and
decide appeals of administrative decisions or determinations made in the
enforcement or administration of LDR Chapter 20, Building, Housing and
Construction Regulations and the various building codes and ordinances
adopted by the City. See LDR Chapter 20, Article VII, Section 2D for
detailed information.
2. The City Commission will hear and decide appeals of
administrative decisions or determinations in the enforcement or
administration of excavation, dredging and/or fill permits; platting;
major/minor site plan or master plan modifications and height exceptions.
3. The concurrency review board will hear and decide appeals of
administrative decisions denying a certification of concurrency and/or a
conditional certification of concurrency.
4. Repealed by Ord. No. 02-033, ~ 4, 8-20-02.
5. The Planning & Development Board and Community
Redevelopment Agency Board will hear and decide appeals of administrative
decisions or determination in the enforcement of major/minor site plan
modifications involving change in project colors, or compliance with other color
requ lations.
Part III. LOR, Chapter 1. General Provisions
Art. II. Definitions
The Munsell Color SYstem. A commonly used color measurement
methodology using a rational numerical classification system rather than
color names to describe different colors. This system is based around, and
further defined by three attributes of color: Hue, Value and Chroma, and
each represented by numerical quality.
Hue. The basis of a color, also referred to as the color family using the
primary and secondary colors.
Value. The lightness or darkness of a color, also known as the gray scale (0
= absolute black, 10 = theoretical white).
Chroma. The intensity of a color, also referred to as its strength or
saturation.
Saturation. The intensity, strength or brightness of a color.
Base/wall color. The color used for those portions of the wall that represent
the greater surface area compared to the remainder of the fa<;ade.
Secondary color. The color used on smaller portions of a wall, or on large
trim areas of the fa<;ade, and should not exceed 250/0 of each individual wall.
Trim and accent colors. These are building colors used on doors, around
doors and windows, along roof lines or other planes of the facade, or on
features used for architectural enhancement or definition.
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 24, 2005
Mixed Use POD in the Planned Industrial
Development (PID) zoning district.
Chair Wische inquired about tabling the Quantum Park & Village South
Commercial Master Site Plan Modification.
Mr. Johnson noted that staff received a fax from the applicant on the date of this
meeting, stating they would like to postpone until the next Planning and
Development Meeting.
Ed Breese pointed out there were some issues, which they wanted to resolve
with staff before coming before the Board.
Motion
Mr. Casaine moved that the Master Site Plan Modification for Quantum Park &
Village South Commercial (MSPM 05-003), be tabled until the next Planning and
Development Meeting, to be held on June 28, 2005. Motion seconded by Vice
Chair Hay and carried 6-0.
G. Code Review
2.
Project:
Building Colors along Major Roadways
(CDRV 05-009)
City initiated
N/A
Proposal to amend the Land Development
Regulations, Chapters 4 and 9 to limit building
colors, and require the review/approval for
changes to building colors for buildings located
along Boynton Beach Boulevard, Federal
Highway, and Congress Avenue.
Agent:
Location:
Description:
Chair Wische asked why Woolbright was left out of the proposal. Mr. Rumpf
stated that in some conversations with Commissioner Ensler, who was
instrumental in bringing the item fOlWard, he suggested trying it on the three
roads, which had the greatest exposure to the public. Vice Chair Hay stated
Gateway should also be included. Mr. Rumpf explained the project was to
address color changes for existing buildings, and not for new construction,
because the Board would get to review those colors.
Mr. Rumpf noted he prepared a PowerPoint presentation, and hoped the Board
could give comprehensive recommendations to the Commission. He pointed out
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Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 24, 2005
the goal was to bring the major roadway corridors of Boynton Beach Boulevard,
Federal Highway and Congress Avenue, up to a greater quality or appearance
standard, by addressing paint colors.
Mr. Rumpf started his PowerPoint presentation, which is available on file with the
minutes of the meeting.
Mr. Rumpf expressed that staff hoped to clean up the corridors through attrition,
and the building colors project is not something that would be mandated. He
said there would be no color police citing projects that do not conform. Mr.
Rumpf pointed out their challenge would be to establish a regulatory system that
accomplishes the objectives on:
. The varying opinions on acceptable colors;
. The subjective nature and inconsistent use of terminology in describing
colors by the industry;
. The need for regulations to be clear, concise and defensible.
Mr. Rumpf noted the objectives of the presentation were:
. To show samples of built environment, and the consistency of colors
which are out there now.
. Identify preferences.
. To discuss the alternatives to writing regulations, or regulatory schemes.
. Learn the basics of the Munsell Classification System
. Obtain consensus on color limits for color groups and color thresholds.
. Consideration of staff recommendations.
As part of his presentation, Mr. Rumpf showed photographs of some buildings
and their existing colors. He described the base and secondary colors used on
the buildings.
Mr. Rumpf stated that on the first page of the report submitted, there was a
simplistic summary of the general regulatory option, which other cities use in
their system. He noted they did not have specific regulations pertinent to colors,
and the language in the code spoke about the design, form and architecture. In
the absence of color standards, staff used the paragraph in Chapter 9 of the
Design Plan, to include colors.
Mr. Rumpf stated the existing regulations were located in Chapter 9 of the
Community Design Plan, which talked about the architectural pattern, which was
construed to include colors. The language in Part 111 of the LDRs, Chapter 4,
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Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 24, 2005
for minor or major site plan review, did not relate to the fa~ade and colors, but
did address the affect on elevation designs.
For discussion, Mr. Rumpf passed around some samples of colors to the Board.
He noted the Munsell System was a three-digit number that described a color.
The system uses hue, value and chroma, which are the three attributes of color.
He noted hue is the basis of a color, referred to as the color family using the
primary and secondary colors. Value is the lightness or darkness of a color, also
known as the gray scale. Chroma is the intensity of a color, also referred to as
its strength or saturation.
Ms. Jaskiewicz asked if staff discouraged high chroma colors. Mr. Rumpf stated
he had some proposed numbers to work from. He said from staff's proposed
regulations, they want to regulate trim and accents, which represent the smallest
portion of the building, and have the greatest potential for adding
complementary colors and character. The base color would represent the
greatest portion of the building, and give the building its signature.
Ms. Jaskiewicz asked if staff would aim toward the white, grays and beiges for
the walls. Mr. Rumpf expressed that was the direction they were going. The
Board would see how staff proposed to regulate the secondary color. A
secondary paint color could be a small portion or a large portion.
Staff purchased the least expensive learning tool for the Munsell system that cost
$65.00. Mr. Rumpf explained you could spend over $600.00 on complete sets
with 1500 different identified colors, but what they had was a small range to give
the Board an example, and to teach the system.
Mr. Rumpf expressed that as an incentive for an applicant to meet the ultimate
regulations, staff proposed the regulations should read that where there is a
discrepancy or uncertainty, or where staff deems the color is not in compliance,
the applicant would be responsible for proving its compliance, by providing staff
with the Munsell code.
Mr. Rumpf stated the objectives of their proposed regulations were:
· Make it mandatory for change to be reviewed for color changes on the
selected corridors.
· Efficient and user-friendly for both staff and the applicant.
· Fits into current code structure.
· Set its purpose; establish process, limits and penalty. He noted he was
awaiting the standard language from the City Attorney's office.
· They want it to be defensible.
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Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 24, 2005
Mr. Rumpf also noted staff would like to accomplish the following at the current
meeting:
. Identify color preferences and dislikes (if any).
. Confirm or adjust color categories.
. Other code provisions/changes
. Discuss color limits (chroma and value)
. Other - anything that may be necessary for the code.
Mr. Rumpf said he attended some sessions on writing codes at the National
Planning Conference in San Francisco. One of the things stressed at the
conference, was to support your comprehensive plan and be clear. State the
objective and the base of the plan. He noted he called this procedure the
preamble, and the following text is proposed for Chapter 9, Section 11
(subsection "K"), and would provide the basis and importance of new color
regulations:
"K. Building colors. Boynton Beach recognizes that project architecture and
colors can positively and negatively impact its aesthetic environment, image, and
property values. Building colors should be carefully selected to be compatible
with and compliment project architecture, colors of fixed elements such as roof
materials, and colors of adjacent projects. Project colors will be selected to
provide appropriate proportions of, and coordinated base, secondary, trim and
accent colors. Project colors are intended to complement and contribute to the
surrounding area and city, rather than primarily attract attention to a single
project from a distance. The intent of this section is not to require identical
colors, but to require the careful selection of colors that will contribute to the
overall appearance of the city".
Mr. Rumpf stated under the applicability section of Chapter 9, Section 4 (new
criterion #5), the new requirements are applicable to changes proposed to
approved or existing project colors, for projects that are located along any of the
three target roadways. The new criterion would read:
"5. When exterior paint colors are to be changed on an existing building
located as described in Section 11.K.1 (only Subsection i1.K applies to proposed
improvement unless project also includes other modifications as described in this
chapter). Changes as described in section 11.K.1 shall be processed as a major
or minor site plan modification, and in accordance with Section 11.K of this
chapter".
Mr. Rumpf explained under the color standards, the proposed standards would
read that due to the high visibility of buildings located along Congress Avenue,
13
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 24, 2005
Boynton Beach Boulevard and Federal Highway, the following regulations would
apply:
a. Commercial/office/industrial projects. Base/main wall color will be light
(high "value'') colors limited to whites, grays and beiges. Atypical building
colors such as purple, pink, blue, green and teal, should be substituted
with more common pastels or hue categories such as yellow or peach.
Secondary colors will not cover greater than 250/0 of each individual wall
area. Secondary colors will be consistent with the wall color standards, or
can be a moderately saturated wall color or a moderately saturated
complimentary color. Trim and accent colors may be the most saturated
colors allowed, and are encouraged to be complimentary earth tones
and/or pastels. The magnitude of saturation will be proportional to the
saturation of the wall and secondary colors. If proposed colors are
determined by the Planning & Zoning Director to be inconsistent with the
intent of this section, applicant shall verify compliance using the Munsell
Color Classification System, with eight (8) being the minimum value, and
six (6) being the maximum chroma. The maximum allowed difference in
saturation between the base color and secondary color is three (3) whole
increments. The applicant may be required to provide exact color
notations from the Munsell Color Classification System, to confirm
compliance with these standards.
Ms. Jaskiewicz pOinted out that in warmer climates, lighter hues reflect the heat,
and the darker colors absorb it. She felt it would be wise for the Board to
suggest the lighter chromas.
Mr. Rumpf noted there was a trend now, where you are finding darker colors in
residential areas.
b. Residential projects (excluding one and two family structures). Colors for
residential projects are allowed to include a greater gamut of colors, to
include whites, beiges and other earth tones, consistent with paragraph
"K" of this section, with secondary, trim and accent colors consistent with
paragraph "a" of this section.
Mr. Rumpf said there were fewer residential projects in some segments of the
proposed corridors, but it was necessary to acknowledge it.
Ms. Jaskiewicz asked if there was a design specialist with regard to color on staff.
Mr. Rumpf stated not at the time, but they have two vacancies, so there was
potential to do that.
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Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 24, 2005
Mr. Rumpf referred to Exhibit B in the proposed document, which related to
Munsell - Chroma and Value. He asked the Board if six (6) and eight (8) were
sufficient value limits or if they should go to nine (9).
Mr. Casaine felt they should go up to nine (9) in value, and up to eight (8) in
chroma.
Ms. Jaskiewicz asked if the value and chroma did not depend on the proportion
of accent parts of the buildings.
Mr. Rumpf agreed with Ms. Jaskiewicz that buildings are more attractive when
they have complimentary colors.
There was a discussion about some of the photographs of the buildings and their
colors on the PowerPoint presentation. Mr. Rumpf said there was a new office/
industrial building on the southeast corner of Hypoluxo and Seacrest, which had
beautiful colors, but they added a deep blue awning. He noted they were not
taking all creativity away, but rather putting it where it would accentuate the
building.
Ms. Jaskiewicz said years ago there was a Community Appearance Board that
could take on those issues.
Mr. Rumpf noted that when a project is deemed minor, it is processed as a minor
change through staff and the permit system. It does not go through the formal
review process before the Planning and Development Board and the Commission.
He expressed that the way the code is written for Chapter 4 of the Site Plan
Review, Section 9 states the "Modification of approved site plan", implies that
only the modern projects, which have an approved site plan, would get reviewed
for this. He proposed the language be changed to read, "Modification of the site
plan", so everything is reviewed.
With the exception of a couple members from the CRA Board who felt a Design
Review Board should handle the building colors project, Mr. Rumpf pointed out
that both the Planning and Development Board and the CRA Board indicated a
desire to playa role in it. He stated when staff and the Planning Director make a
final decision that a color does not comply, but the applicant says they want the
color, and appeal the administrative decision, the case would go to the
Commission as an appeal and the staff would present their argument. The case
should go before the Planning & Development Board and the CRA Board,
because the code defines those Boards as the Technical Boards, defying the
standards. The minor site plans are reviewed under consent on the Commission
agenda.
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Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 24, 2005
Mr. Rumpf concluded the slide presentation, and stated the Board had not
shared a lot about preferences. He pointed out the Board suggested staff
increase the value limits to nine (9), and asked if there were any other
discussions.
Ms. Johnson asked why the proposal was restricted to the three corridors.
Mr. Rumpf pointed out that was the mission of the Commission. Boynton Beach
Boulevard, Federal Highway and Congress Avenue are the principle entrances
into the City.
Ms. Johnson noted Part 111 of the LDRs, Chapter 9, Community Design Plan for
Exterior Building Design, section J. stated: "due to the high degree of visibility of
buildings located on Hypoluxo Road, Miner Road, Congress Avenue, Lawrence
Road, Gateway Boulevard, Quantum Lakes Drive, Old Boynton Road, Knuth
Road, Woolbright Road, Boynton Beach Boulevard, Winchester Boulevard, High
Ridge Road, Seacrest Boulevard, Golf Road, Ocean Avenue, Federal Highway,
Old Dixie Highway, N.E. 10th Avenue and S.E. 36th Avenue; most of which are
considered entrances to the City", and questioned why they limited the proposal
to only three corridors when development and growth is rampant all over.
Mr. Rumpf stated if that was the Board's conviction, it could be recommended to
the Commission.
Ms. Johnson was concerned it would be detrimental to just have the plan for
three streets, when there is tremendous growth on all the streets, and felt it
should be consistent.
Chair Wische asked if that point could be recommended to the Commission, and
Mr. Rumpf noted the Board could recommend anything they felt was important
to the project.
Ms. Johnson asked the location of S.E. 36th Avenue. Mr. Rumpf stated it was
Gulfstream Boulevard.
Mr. Casaine felt the industrial areas should be subject to the decision on the
colors.
Mr. Rumpf noted he did not have the design guidelines proposed for the Heart of
Boynton Plan, but stated if they were looking to allow design or character based
upon Floribbean, which might be getting a little Caribbean, they may want
brighter colors.
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Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 24, 2005
Ms. Johnson asked if adding the proposed language to cover Martin Luther King
Boulevard and Heart of Boynton would be the responsibility of the Community
Redevelopment Agency.
Mr. Rumpf stated it is within the CRA, but the Planning and Development Board
did not have to limit their comments.
Ms. Johnson pointed out when the paragraph was written, Martin Luther King
Boulevard probably was not Martin Luther King Boulevard, or considered an
entrance to the City. She definitely thought Martin Luther King Boulevard should
be added.
Mr. Baldwin pointed out N.E. 10th Avenue was Martin Luther King Boulevard. Ms.
Johnson suggested the text be changed to state Martin Luther King Boulevard.
Ms. Jaskiewicz noted it was both, because one side said Martin Luther King
Boulevard and the other said N.E. 10th Avenue. She also noted one side of S.E.
36th Avenue was Boynton, and the other side was Delray.
Mr. Rumpf noted the Commission and the Boards specifically stated they would
not want to regulate single-family, duplex dwellings - which are typically exempt
from site plan review process. He pointed out S.E. 36th Avenue, N.E. 10th
Avenue, and Martin Luther King Boulevard have a higher percentage of
residential structures.
Ms. Johnson asked if Floribbean colors meant the Board should increase the
Munsell value to nine (9).
Mr. Rumpf clarified the Board recommended the Munsell value to be nine (9),
and a chroma of (6).
Ms. Jaskiewicz questioned if that was a finite statement or a strong suggestion.
Mr. Rumpf stated it was currently drafted not to be a suggestion but a standard.
If they want to accommodate on a certain corridor a greater variety of the hues,
and not limit those groups, then they would need to revise that text for those
corridors, because right now they were looking at whites, grays and beiges.
That would restrict the Floribbean colors. Ms. Johnson clarified that would not
apply to single family dwellings and duplexes and Mr. Rumpf agreed.
Ms. Jaskiewicz noted a good example of the Caribbean colors would be in the
Delray Commerce Center.
17
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 24, 2005
Mr. Rumpf said Mr. Breese suggested the group category that would help would
be pastels, which was allowed under residential projects. He felt they could
make a provision to make them pastels but still limit the chroma and the value
extents.
Ms. Johnson clarified Mr. Rumpf stated legal was going to review the proposal,
and Mr. Rumpf agreed. Ms. Johnson felt there was a lot of room for someone to
come back at them and ask why is this okay in one part of the city and not in
another part of the city. She stated she would defer to the CRA and staff to
identify what works for the Heart of Boynton Beach.
Ms. Johnson felt the words "should be"; "may be"; and "encouraged to", used in
section lA and IB of the Color Standards, left a lot of room for flexibility. Mr.
Rumpf stated that was his intent. He said if there was an area where they would
not want the flexibility, it should be addressed. If they want to exclude purples,
pinks, greens and reds; then the language should state "shall be substituted with
more common pastels or hue categories", which would replace the word "should"
with "shall". That does not mean you could not have a tint in the white because
the base would be white. Anything that meets the nine (9) value would probably
be a white base or very light primary base paint.
Ms. Jaskiewicz asked when Mr. Rumpf anticipated it would be in effect.
Mr. Rumpf stated it was scheduled to go to the CRA meeting in June, and then
to the Commission. It could be converted into Ordinance form very quickly. If it
goes to the Commission meeting in June, it could be adopted in July or August.
Mr. Rumpf said that was assuming there are not major changes. There would
also be a review with the City Attorney's office in that schedule. If there were
major changes, staff would recommend coming back to the Planning and
Development Board for their thoughts on it.
Ms. Jaskiewicz referred to the plans Mr. Rumpf submitted to the Board, and
noted they would be inconsistent with what they were discussing.
Mr. Rumpf stated it was difficult, and he would be agreeable to allow more time.
The wording was intended to allow more flexibility. There is a trend to use
darker colors on residential projects. He noted the Starbucks building at
Congress and Boynton Beach Boulevard was unique.
Mr. Rumpf noted if it was something they wanted to limit, then they could do it
with the same structure that they were using in Paragraph A for Commercial and
non-residential buildings.
18
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 24, 2005
Ms. Johnson referred to the same plans, which Ms. Jaskiewicz referenced, and
asked if that site plan was not already approved for Quantum Lakes.
Ms. Jaskiewicz did not think so.
Mr. Rumpf clarified there was a master site plan that had been approved, but
they were just asking for a modification.
Mr. Rumpf noted it was his intent to use the language, "trim and accent colors
may be the most saturated colors allowed", to allow that flexibility.
8. Other
Mr. Rumpf noted he wanted to answer an earlier question regarding the time
extensions for the carwash project. He said they were extended until July
because of new advertising requirements.
9. Comments by members
None
10. Adjournment
There being no further business the meeting was properly adjourned at 8:37
p.m.
Respectfully submitted,
iJ}(i1J~
Catherine Wharton
Recording Secretary
(May 27, 2005)
19
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 6, 2005
Y. Public Audience
None
Chairperson Heavilin recognized Commissioner Ensler in the audience.
VI. Public Hearing
Old Business
A. Code Review
1.
Project:
Building Colors along Major Roadways
(CDRY 05-009) (Postponed from May 1.0,
2005 meeting)
Oty initiated
N/A
Proposal to amend the Land Development
Regulations, Chapters 4 and 9 to limit building
colors, and require the review/approval for changes
to building colors for buildings located along
Boynton Beach Boulevard, Federal Highway and
Congress Avenue
Agent:
Location:
Description:
Mr. Rumpf gave a PowerPoint presentation and reported the City Commission directed staff to
research existing regulations and colors, and to consider regulations to meet the intent of regulating
changes in building colors. Staff looked at this for specific corridors in the City, (1) U.S. 1, (2)
Congress Avenue and (3) Boynton Beach Boulevard. It was not the intent, however, of staff to limit
their research only to those areas and the Planning and Development Board recommended that
staff's research go beyond the selected corridors.
Mr. Rumpf noted that color regulations could be restrictive and contrary to the Heart of Boynton
Plan theme as being "Floribbean." "Floribbean" colors could be bright hues of green, yellow and
orange. Staff will be asking this Board how they want to approach the colors for the Heart of
Boynton.
Staff is recommending the following:
· The aesthetic appearance of major roadway corridors in the City be maximized.
· Establish a regulatory system, which could be subjective.
· Regulations must be clear, concise and defensible.
Staff will attempt to identify (1) what is on the horizon, (2) to discuss and identify preferences and
colors found to be objectionable, (3) to discuss regulatory alternatives, (4) to get the feel for the
subjective nature of color regulations in general, and (5) find a way to place an objective limit on
colors using the Munsell Color Classification system. Staff also would like to obtain a of consensus
or agreement on color groups that would be included in the regulations. They are proposing to add
a less subjective element to the regulations, but to set some thresholds. Staff would like to
determine what groups of colors are preferred and a group of colors that could be used. Lastly, they
need to determine limits of the most intense colors.
2
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 6, 2005
Mr. Rumpf said he would introduce some terminology that he would be using throughout his
presentation and the different words used to describe the different components of a fa<;ade. These
definitions are contained in the agenda packet under "Definitions." Also, staff would attempt to show
how attractive buildings could be created despite limitation of building colors. Therefore, the
components of a building are (1) base, (2) secondary, (3) accent and (4) trim.
Slides of various properties were shown and reviewed. Consideration would have to be given to
whether their colors would be permitted today. Staff is looking at how the regulations need to be
worded or changed to accommodate certain situations being displayed and discussed. Darker colors
could be questionable and would be determined on how the standards are proposed.
Staff's intent for showing these buildings was to present examples of how color and eye-catching
and attractive elements can be introduced into a project without it appearing inappropriate for the
project.
Next discussed were general regulatory options. Mr. Rumpf reviewed the regulations of eight states
throughout the country. Members were directed to the table on the first page of staff's report. The
table presents a general example of various regulatory methodologies from the most restrictive to
the least restrictive. The most limiting would be a color palette. A color palette would only allow a
certain number of colors that developers could select from. The Planning and Development Board
and this Board were against this type of regulatory system.
Another possibility would be to have subjective codes that would be reviewed by a board. This
would mean the colors would be appealing and consistent with adjacent properties. Color standards
could be relative standards that would be consistent with established colors in the City. Lastly, the
City could have no color requirements whatsoever.
Mr. Rumpf pointed out that cities have not adopted very strict regulations, but have merely adopted
general descriptions and categories. Slides of colors used throughout different cities were presented
and reviewed. Ms. Horenburger referred to the handbook utilized by the City of Naples that they
provide developers showing what is acceptable.
Currently, the City reviews colors for new projects using the terminology and regulations that speak
about compatibility. Mr. Rumpf reviewed major and minor changes to projects.
Mr. Rumpf reviewed the language in Part III of the LOR, Chapter 9 (Community Design Plan) that is
used to review new projects and is set out in paragraphs Band D of page 2 of the staff report. The
language states the building should be designed compatible with an existing character in that area,
if it so exists. Staff would apply this thinking to the entire building that would include details,
appurtenances and colors. Currently, this is the limit to the City's regulations.
Ms. Horenburger was in favor of having a process in place for painting commercial buildings for both
new and old buildings. Mr. Rumpf pointed out that staff's proposed changes would address all
changes, both old and new, on the selected corridors, except for Single-family residences.
Staff is proposing to include upper limits, or maximum colors in order to make the regulations
defensible and less subjective. In order to achieve this, Mr. Rumpf explained th~ Munsell Color
Classification system that staff is proposing be adopted. Samples of colors were presented to the
Board in order to acquaint the Board with the Munsell system.
3
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 6, 2005
The Munsell system breaks down colors into three different attributes - (1) hue (color family that is
the primary and secondary color), (2) Value, and (3) Chroma, which Mr. Rumpf explained. Mr.
Rumpf explained how the process worked. It is not staff's intention to deal with this on a daily basis
because it can be very time consuming. The intent of the system is to provide a framework or limit
on colors.
Staff is proposing that the limits be at 8 for Value (the Planning and Development Board
recommended 9) and a 6 for Chroma. This will not severely limit the secondary colors and does not
put any limits on the accent or trim colors. What staff wants to achieve is to set maximum limits for
the base color.
Mr. Rumpf referred to Paragraph K under Part III, Section 11, Exterior Building Design in his report,
that in essence states the regulations are important. If the City has to defend the regulations, they
have to explain why they are important. He recited from Paragraph K that read, "The intent of this
section is not to require identical colors, but to require the careful selection of colors that will
contribute to the overall appearance of the City."
Mr. Rumpf advised that when exterior paint colors are to be changed on an existing building located
in the defined corridors, this section would apply. Actually only Section l1.K would apply to prevent
someone who is only painting their building in order to meet rooftop screening requirements of
accessory equipment or rooftop equipment, i.e., only the paint section would apply.
Mr. Rumpf next reviewed the corridors he previously referred to, but noted the language is not
entirely new to the Code. Mr. Fenton inquired if the bright-colored village on the south side of
Gateway applies to the proposed regulations. Mr. Rumpf referred to Section B of the staff report that
deals with residential projects that would allow more flexibility for residential projects. Mr. Rumpf
responded that they would be allowed under the new regulations.
Mr. Rumpf explained that staff is bringing these proposals forward to have something to start with
as a base.
Mr. Fenton did not equate the colors presented as being "Floribbean" that he feels are vibrant colors
as opposed to the muted colors presented. Mr. Rumpf explained that the colors presented were
what were on the street currently, and a majority of them would meet the regulations, but would
not allow the intense colors of a Caribbean palette. Residential projects would be allowed a greater
gamut of colors that would indude white, beige and earth tones. As it is written now, the Caribbean
gamut of colors would not be allowed.
Mr. Barretta asked what would be considered a "mixed-use" project and Mr. Rumpf stated it would
apply to commercial, not residential.
Base colors would be light or high value colors, limited to whites, grays, and beiges. Atypical colors
such as purple, pink, blue, green and teal will be substituted with more pastels or hue categories,
such as yellow or peach. Secondary colors will not cover more than 25% of the wall area and would
be consistent with the wall color standards or could be a moderately saturated wall color, or
moderately saturated complimentary color. Trim and accent colors would be the most saturated
colors allowed and it is encouraged to be complimentary earth tones and/or pastels.
If applicants would like to use a color that is out of the recommended ranges, they may be required
to provide proof using Munsell chips and research of their own and present them to staff to show
what the values of those colors would be and their Chroma number.
4
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 6, 2005
Mr. Barretta requested that instead of secondary colors not being greater than 25%, it be stated it
could be approximately 25%, because sometimes it might be necessary that a secondary colors
could take up 26% or 27%. Mr. Rumpf agreed with this recommendation.
Mr. Barretta was also concerned that all buildings have base, secondary and trim colors because
some beautiful buildings could be single or two color buildings. He was opposed to a building being
mandated to have base, secondary and trim colors. This could eliminate many examples of
architecture throughout the world. Mr. Rumpf felt this was a good point, but many remarkable
projects referred to by Mr. Barretta are done elegantly with a great deal of architectural
appurtenances, elements and details. In that event, Mr. Rumpf felt it would be necessary to state
the project would have those elements. Mr. Rumpf noted Mr. Barretta's suggestions.
Mr. Myott was not in favor of raising the value up to 9. He thought 8 would be more than sufficient
and Mr. Barretta agreed with this.
Chairperson Heavilin noted that Mr. Rumpf displayed some very attractive buildings in light blues
and teals and questioned if the new regulations would exclude those colors and Mr. Rumpf stated
this was possible.
Mr. Barretta inquired if pastels, such as yellow and peach, would be allowed. Mr. Rumpf responded
that yellow and peach would be encouraged over teal, blue, and purples. Ms. Horenburger
questioned why pink would not be allowed. Mr. Rumpf explained that the industry's description of
white bases could include yellow. Ms. Horenburger also pointed out that earth tones could
encompass a great many colors. Mr. Rumpf stated if the Board wanted to include pink, they could
recommend that it be included. Mr. Myott felt it would be helpful if they were provided with the color
charts.
Ms. Horenburger inquired if the City ever had a Community Appearance Board that reviewed this
type of issue. Mr. Rumpf responded that several years ago, the Community Design Plan was divided
into three different districts. Depending upon where a project was located within the Qty, the
project would fall within one of three design districts and it would have to be designed according to
that district. This included architectural style and palette of colors and elements. Many years ago
the City had a Community Appearance Board that reviewed projects and made recommendations.
There also was a CRAB Board in the downtown area.
Mr. Rumpf pointed out that if the board was comfortable with the color groups, but did not want to
be restrictive on the value and chroma, those items could be modified.
Mr. Myott questioned whether or not a disclaimer could be included that would say, "or upon
consideration and approval of the City Commission and CRA board...". If a developer really did not
want to follow the guidelines and was able to make a good enough case, then the developer would
have to convince the board and Commission to vary from the guidelines.
Chairperson Heavilin confirmed that an appeals process is included in staff's recommendation. Mr.
Myott felt that an appeal could be considered from the beginning, but the developer would know
that a higher level of scrutiny would be involved. Ms. Horenburger felt that the developer should
have the right to appeal any dedsion to the City Commission. Mr. Rumpf advised that staff is
recommending that the Planning & Development Board or the Community Redevelopment Agency
would be the board to hear the appeals and make the decisions. Appeals to the boards are the final
step. The developers could not bring the appeals to the City Commission.
5
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 6, 2005
Mr. DeMarco pointed out that developers should have an opportunity to try out a color on a wall
since small paint chips can be deceiving. Many times the color is much darker on the wall than it
appears on the paint chip. Mr. Rumpf felt there would be no problem with the developer splashing
paint on the wall to ensure it is the correct color.
Mr. Rumpf explained that there will always be a case where someone will not comply with the
standards. It might be necessary to include language stating that the board or Commission could
approve a project regardless of whether or not it meets the standards. Chairperson Heavilin felt it
was necessary to have flexibility since there may be projects in the Heart of Boynton that would not
be held to these standards. Mr. Rumpf explained that the majority of the projects in the Heart of
Boynton will be residential buildings with bright colors. The "Floribbean" palette is different from the
standards indicated.
Mr. Fenton would like the word "and" changed to "or" in Number 5. The way it currently reads,
review before both boards would be necessary. He is hopeful that the Planning & Development
Board will be reviewing the ones outside the CRA and the CRA will be reviewing the projects within
the CRA area. Mr. Rumpf confirmed that this was the intent and agreed to change the word "and"
to "or".
Ms. Horenburger referred to Page 8454C, Item B, Residential, and questioned whether that referred
to only new projects or an existing structure. Mr. Rumpf responded that this referred to both
changes and new projects. The entire chapter on new construction applies to the project. That text
would fall under that chapter. On an existing project, Number 5 applies.
Ms. Horenburger questioned how the people owning existing projects would know that they must
meet certain regulations. Mr. Rumpf said that the City will have to get the word out. Mail-outs
could be used. Mr. Rumpf feels direct notification works best. Ms. Horenburger suggested providing
notices to establishments that sell paint.
Ms. Horenburger asked what process is in place for existing commercial establishments within the
corridor for a change in paint color. Chairperson Heavilin referred to 8454G. Mr. Rumpf referred to
the major or minor criteria section in Chapter 4, Site Plan Review. These paragraphs explain what
needs to be submitted.
Mr. Barretta pointed out that multi-family projects are part of the residential criteria and a Mixed-Use
project must follow the commercial criteria. He felt this needed more consideration. Mr. Rumpf
explained that a majority of the mixed use projects will be on major corridors and based on the
restrictions of Mixed-Use High and Mixed-Use Low. They do not have the same characteristics as
residential projects. Mr. Rumpf said compatibility text is included in the guidelines and staff has the
ability to review a project against the compatibility text.
Mr. Fenton questioned how this would proceed after the CRA review. Mr. Rumpf said the board
would not receive a final document. If the CRA feels comfortable with Mr. Rumpfs level of comfort
of the compatibility text, then this will move forward. If the board is not comfortable, then the
standards would require more language. Mr. Rumpf pointed out that changes that were requested
by the Planning and Development Board that dealt with the change in value and rate, the topic of
the Heart of Boynton and the Floribbean impact to the CRA, and the "should", and "will" would move
forward to the Commission, unless the board is not comfortable with something in the text and
would like a change made to the document.
6
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 6, 2005
Chairperson Heavilin said the Planning & Development Board recommended that the corridors be
expanded to Hypoluxo Road, Miner Road, Lawrence Road, Knuth Road, Quantum, etc.
Mr. Fenton wanted to know how many specific changes the CRA asked for and on the color palette,
the minimum value they wanted to go to was 8 and they got 9. He felt this was a conflict. Mr.
Barretta disagreed because he felt it could be one value in the CRA and another in the remainder of
the City. Mr. Myott reminded the members that Mr. Rumpfs recommendation was for 8. Mr. Rumpf
said staff will communicate all of the recommendations to the Commission.
For the board's edification, Mr. Rumpf enumerated the board's specific changes as follows:
1. The limit to the secondary color is proposed at 25%. It was recommended to add
the word "approximately".
2. Allow some wording to provide some flexibility so that it is not required to have all
the four different components to the colors - prime or base, secondary, accent,
trim. If the building has the physical attributes, architectural character and style,
then it would not be required to have all those different colors.
3. Keep the minimum value at 8 versus 9.
4. Change in wording where it describes the appeals boards from "and" to "or".
5. The board expressed great emphasis on getting the word out and educating the
public on this.
6. A little bit of concern was sensed on Mixed-Use projects and whether they are
Residential or the Commercial (non-residential) category, and compatibility.
Chairperson Heavilin announced the public hearing.
Commissioner Bob Ensler felt it was appropriate to make some comments on this issue since
there has been a great deal of press on this issue. This issue arose out of Commissioner Ensler's
concern over the color of several buildings on major arteries throughout the City. In addressing
these concerns with Messrs. Bressner and Rumpf, Commissioner Ensler learned that the way the
Code is currently written, color is a minor site plan modification that does not require City approval.
When the City Attorney got involved, he recommended that the City establish criteria in order to
protect the City legally.
Commissioner Ensler reviewed documents from 1992 wherein concern was expressed by
Commissioners relative to lack of harmony of color of certain buildings. In 1994, there was
Commission discussion about making projects more aesthetically pleasing. Even back in the 1970s
when Emily Jackson was Mayor, there were discussions about compatibility of structures within the
City.
Commissioner Ensler reiterated that his major concern was with the major arteries and the
commercial areas located along those major arteries. His concern was not with residential.
Michael Weiner, Weiner 8r. Aronson located on Seacrest Boulevard, felt it was good to hear
the board state their concern about limiting creativity in Boynton Beach. While there should be
community standards, it is important to remember that laws are being legislated. Laws should be a
7
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 6, 2005
last resort in curbing human behavior. The few times that people have erred in bad taste may not
be a reason to put the City into a position of regulating color. It is important not to eliminate quaint.
These things give character to a City. It would be a shame to eliminate that possibility.
Ms. Horenburger stated the Spinosa theory as quoted by William F. Buckley. "My right to punch you
in the nose stops right at the tip of your nose where your right not to be punched begins." We all
need to have a voice and be involved.
With no one else wishing to speak, Chairperson Heavilin closed the public hearing.
Mr. Barretta commented that staff had done a good job.
Chairperson Heavilin referred to the base color and the comment that it be expanded beyond white,
beige and gray, to light pastels. It is her opinion that this is too limiting. Mr. Myott felt that these
hues would be included in the whites, beiges and grays. There are tints to these base colors.
Ms. Horenburger asked that Gu/fstream Boulevard be added to the list of major arteries.
Mr. Rumpf advised that staff wrestled with what 36th Avenue was and then determined that it is
Gulfstream Boulevard.
Mr. Hutchinson felt it was necessary to have something to hand out that would show the details of
the hues and the ranges. We need to give a more accurate portrayal of the color areas that have
been discussed.
Mr. DeMarco congratulated the Planning and Zoning Division for a job well done.
Mr. Barretta felt that Mr. Rumpf had summarized the board's request very well and he did not feel
the need to see the document again. Ms. Horenburger agreed. Messrs. Myott and DeMarco
requested a copy of the colors once they are available.
Motion
Mr. Myott moved to proceed to the City Commission with the board's comments noted. Ms.
Horenburger seconded the motion that carried unanimously.
New Business
A. Abandonment
1.
Project:
Agent:
Owner:
Location:
Description:
415 SE 5th Avenue (ABAN 05-002) - 8455
Jeanne Heavilin, Salefish Realty, Inc.
James E. Plcen
415 SE 5th Avenue
Request abandonment of a portion of Railroad Avenue,
approximately 30 feet by 77 feet, immediately north of 5th
Avenue South, west of Lot 11, Block B of Pence Subdivision
and East of the Florida East Coast Railroad right-of-way
Chairperson Heavilin recused herself from the discussion of this case and passed the gavel to Mr.
DeMarco.
8
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B.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
D April 5,2005
D April 19,2005
D May 3, 2005
D May 17,2005
March 14,2005 (Noon.)
o June 7, 2005
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May 16,2005 (Noon)
April 4, 2005 (Noon)
NATURE OF
AGENDA ITEM
D Administrative
D Consent Agenda
D Public Hearing
D Bids
D Announcement
D City Manager's Report
June 21, 2005 June 6, 2005 (Noon)
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July 5, 2005 June 20,2005 (Noon) .. , ':-; ---{
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July 19,2005 July 5, 2005 (Noon) ) ~T1
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Unfinished Business :r:
D Presentation
April 18, 2005 (Noon)
May 2, 2005 (Noon)
RECOMMENDATION: Review of External Security Fees as previously approved by City Commission on May 3rd, 2005.
Staff does not recommend making changes to the rates as approved in May 2005.
EXPLANATION: Following the approval of the change in rates for external security services, the City Commission
and the City Manager received a request from Mr. Chris Deli so, President of the Crossings Homeowners Associations to
revisit the rate increase for external security details provided by the Police Department to the Crossings and 24 other
organizations which have made frequent requests for external security details. In addition to these 25 organizations, there
are about 10 other companies or organizations that make less frequent external security requests. The information is detailed
on the Police Chiefs memo of June 24th, attached hereto. One agency on the PBA survey information offers a discounted rate
for permanent details. The City of Delray Beach charges $25.75/hr inclusive ofa 3% administrative charge for long term
details (not defined in the PBA survey) and $30.90/hr also inclusive of a 3% administrative fee for short term external
security details. It is not known when Delray Beach last reviewed their rates.
PROGRAM IMP ACT: The purpose ofthis program is to make off-duty officers available for external security services to
outside agencies or organizations located in the corporate limits of the City in a manner that assures all fees and taxes are
collected and accounted for. In the past, the City absorbed the cost of FICA payments for the paid for external security
details. This was the reason the City introduced the $3.00/hr service rate for non-auto details and $7.00/hr for details
requiring the use of a City vehicle. The higherrate was to accommodate personnel costs (FICA, pension and workers
compensation not previously recovered. The City previously charged $5/hr for vehicle use. The new vehicle rate is $4/hr
plus the $3/hr for personnel costs (FICA, pension and workers compensation). At present, the take home vehicle program is
not in place.
FISCAL IMP ACT: The revised rates were revenue neutral to the City. The intent was to make sure our FICA, pension,
workers compensation and auto use costs were paid by the users ofthe external security detail services.
ALTERNATIVES: Per the attached memo, rollback of the rates for six months will cost the City $38,000 unless the PBA
agrees to roll back the rates. As an alternative, if the City absorbs the administrative charge of$3 or $7/hr, staffhas estimated
the cost to the City would be about $23,000 in costs absorbed. Legally, in order for the City to payor assume these costs, a
public benefit would have to be determined for the City to pay this subsidy.
S:\BULLEllN\FORMS\AGENDA ITEM REQUEST FORM,DOC
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AGENDA ITEM REQUEST FORM
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Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
CITY OF BOYNTON BEACH, FLORIDA
INTER-OFFICE MEMORANDUM
TO:
Kurt Bressner DATE:
~ity ager
..' __-.... SUBJECT:
~ REFERENCES:
Chief of Police
June 24, 2005
FILE:
External Security Fees
FROM:
ENCLOSURES:
This past February the police department proposed the current rate increase for several reasons. The demand
for off duty police officers has been steadily increasing and we have had some difficulty in filling all of the
details. A study conducted by Sgt. Lillie revealed that we were one of the lower paying agencies. By increasing
the hourly rate we have been able to fill more detail requests than we were filling at the old rate. Several other
agencies do charge extra for requesting an officer have a patrol car when they cover the detail. There is also an
administrative charge imposed by some agencies. Prior to the rate increase the city has absorbed the FICA
expense. By charging all of the clients an additional three dollars an hour we recover most, but not all, of the
expenses incurred for providing an external security detail. In calendar year 2004 the city paid approximately
46,000 dollars in FICA for off-duty officers to work security details.
The PBA voted overwhelmingly to accept the five dollar an hour pay increase. A memorandum of
understanding was drawn up accepting the new rate. The Palm Beach County PBA has supplied a list of the
rates charged by other agencies in Palm Beach County. No agencies in Palm Beach County have lower rates
for long term contracts. In order to drop the current rate back to twenty-five dollars an hour the PBA would
lYe to once again vote to accept the five dollar and hour pay reduction.
There are about twenty-five clients that request details frequently and about ten other clients that have made
requests occasionally throughout the past year. Of these thirty five clients about twenty are HOA's and the
remainder is private businesses.
Our long term clients include: Brecashe Jewelers, High Ridge Country Club, Compson Associates
(Renaissance Commons), Sandalwood HOA, Crossings HOA, Lawrence Grove HOA, Dillard's, Boynton
Beach High School, Benvenuto's and Golden Coral.
The estimated cost for the city to absorb the five dollar an hour increase for the second six months of 2005
would be approximately 38,000 dollars. Another consideration would be to continue to charge the clients the
five dollar an hour rate increase but to eliminate the 3 dollar an hour administrative fee. This would cost the
city approximately 23,000 dollars for the last six months of2005.
2005 BENEFIT SUMMARY
PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION
POLICE OVERTIME OR EXTRA-DUTY DETAILS
AGENCY
ATLANTIS Admin. Charge - $0, Straight $25 per hour
BELLE GLADE Admin. Charge - $0
Officer, Sgts. and Lts. - Time and %
BOCA RATON Admin. Charge - $0
Officer - $35/hr Sqt. - $35/hr Lt. - $35/hr
BOYNTON Admin. Charge - $3 w/o car, $7 wI car
BEACH Officer - $30/hr Sgt. - $30/hr Lt. - $30/hr
DELRA Y BEACH Admin. Charge - 3%
Officer, Sgt., Lt. - $25/hr - Permanent detail, $30/hr - Short
term detail, $37.50/hr - Holiday rate
FAU Admin. Charge - $0
Officer, Sqt. and Lt. - Time and %
FL HIGHWAY Admin. Charge - $0
PATROL Officer & Sgt. - Time & % Lt. - $35 flat rate
GREENACRES Admin. Charge - $10/hr
Officer - $35/hr Sqt. - $40/hr Lt. - $40/hr
GULF STREAM Admin. Charge - $0
All details - $35/hr
HIGHLAND Admin. Charge - $0
BEACH Officer - $30/hr Sgt. - $30/hr Lt. - N/A (4 hr minimum)
JUNO BEACH Admin. Charge - $0
Officer - $30/hr Supervisor - $38/hr
JUPITER Admin. Charge - $0 (Town Detail - Time and % )
Officer - $30/hr Sqt. - $35/hr Lt. - $35/hr
LAKE CLARKE Admin. Charge - $0
SHORES All details - Time and one-half pay
LAKE WORTH Admin. Charge - $3/hr
All details - $40/hr, City OfT - Time and %
LANTANA Admin. Charge - $0
Officer - $25/hr Sgt. - $25/hr Lt. - $25/hr
21
II POLICE OVERTIME OR EXTRA-DUTY DETAILS
AGENCY
MANALAPAN Admin. Charge - $37.15/hr
Officer, Sgts. And Lts. - $30/hr
MANGONIA PARK Admin. Charge - $O/hr Town OT - Time & Y2
Officer and Sqt. - $20/hr Lt. - N/A
MARTIN COUNTY Admin. Charge - $0
SO Officer, Sgt., Lt. - $25/hr
NORTH PALM Admin. Charge - $42/hr
BEACH Officer, Sgt. and Lt. - $30/hr
PAHOKEE Admin. Charge - $0
Officer, Sgt., Lt. - $21/hr
PALM BEACH Admin. Charge - $60/hr
Officer, Sgt. & Lt. - Time and Y2
PALM BEACH Admin. Charge - $2.50/hr
GARDENS Officer - $30/hr Sgt. - $35/hr Lt. - $40/hr
PALM BEACH Admin. Charge - $O/hr
SCHOOL POLICE Officers and Supervisors - $24/hr
PALM BEACH Admin. Charge - $0
SHORES Officer - $25/hr Sgt. - $25/hr Lt. - $25/hr
PALM SPRINGS Admin. Charge - $0
Officer - $25/hr Sat. - $25/hr Lt. - $25/hr
PBSO Admin. Charge - $7/hr
Officer - $23/hr Supervisor - $28/hr OIC - $33/hr
PORT ST. LUCIE Admin. Charge - 5% of total cost
Officer - $25/hr Sqt. - $27/hr Lt. - $27/hr
RIVIERA BEACH Admin. Charge - $5/hr, Use of car - additional $5/hr
Officer, Sgt., Lt. - $25/hr
ROYAL PALM Admin. Charge - $.35/mile for vehicle
BEACH Officer - $36.52/hr Supervisors - $39.68/hr (3 hour minimum)
SEWALL'S POINT Admin. Charge - $0
Officer - $25/hr Sqt. - $25/hr Lt. - $25/hr
SOUTH PALM Admin. Charge - $0
BEACH Officer - $27.34/hr Sgt. & Lt. - $27.34/hr
22
POLICE OVERTIME OR EXTRA-DUTY DETAILS
AGENCY
ST. LUCIE Admin. Charge - $0
COUNTY SO Officers, Sgts. And Lts. - Time and Y2
STUART Admin. Charge - $0
Officer - $25/hr Sgt. - $25/hr Lt. - $25/hr
TEQUESTA Admin. Charge - $0
Officer, SQt., Lt. - $30/hr
WEST PALM Admin. Charge - $0
BEACH Officer - $30/hr. Sgt. - $34/hr Lt. - $38/hr
23
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORNI
VI.-CONSENT AGENDA
ITEM C.2.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D April 5, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16, 2005 (Noon)
D April 19, 2005 April 4, 2005 (Noon) D June 21, 2005 June 6, 2005 (Noon)
[gI May 3,2005 April 18,2005 (Noon) D July 5, 2005 June 20, 2005 (Noon)
D May 17, 2005 May 2, 2005 (Noon) D July 19, 2005 July 5, 2005 (Noon)
D Administrative D Development Plans
NATURE OF [gI Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D Unfinished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION: I recommend that a memorandum of understanding be approved with the PBA to raise
officers' compensation for off-duty details.
EXPLANATION: Officers that work off-duty details get compensated at a flat rate of twenty-five dollars per hour
and thirty if a patrol vehicle is used. We are requesting an increase in the detail rates to thirty-three dollars per hour
and thirty-seven when a patrol vehicle is requested. In all cases the officer will receive thirty dollars per hour.
PROGRAM IMPACT: This will assist in attracting officers to work off-duty details.
FISCAL IMPACT: Currently we recover no costs incurred by the city except for vehicle use. This modification will
address costs that can be recovered by the city.
ALTERNW: None
~
p>/ -----------...
~/ Dep ent Head's Signature
~
City Manager's Signature
City Attorney / Finance / Human Resources
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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RESOLUTION R05 -
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
RATIFYING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF
BOYNTON BEACH, FLORIDA AND THE PALM
BEACH COUNTY POLICE BENEVOLENT
ASSOCIATION (PBA) TO INCREASE THE RATES
CHARGED FOR OFF DUTY DETAILS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach and the Palm Beach County Police
14
Benevolent Association (PBA) propose to increase the rates currently charged for off duty
15
details which will attract more officers for the details and allow the City to recover some of
16
its costs incurred for off duty details; and
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WHEREAS, the City Commission of the City of Boynton Beach deems it to be in
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the best interests ofthe residents and citizens of the City to ratify this Memorandum;
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "WHEREAS" clauses are true and correct and hereby
24
ratified and confirmed by the City Commission.
25
Section 2.
The City Commission of the City of Boynton Beach, Florida does
26 hereby ratify the Memorandum of Understanding between the City of Boynton Beach and
27 the Palm Beach County Police Benevolent Association (PBA) attached hereto and made a
28 part hereof.
Section 3.
This Resolution will become effective immediately upon passage.
S:\CA \RESO\Agreements\BBPD\MOU - Off Duty Detail Rates.doc
1 PASSED AND ADOPTED this _ day of May, 2005.
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3 CITY OF BOYNTON BEACH, FLORIDA
4
5
6 M~or
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9 Vice Mayor
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12 Commissioner
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15 Commissioner
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18 Commissioner
19 ATTEST:
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22 City Clerk
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24 (Corporate Seal)
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S:\CA \RESO\Agreernents\BBPD\MOU - Off Duty Detail Rates.doc
MEMORANDUM OF UNDERSTANDING
The CITY OF BOYNTON BEACH, FLORIDA (the "City") and the PALM
BEACH COUNTY POLICE BENEVOLENT ASSOCIATION ("PBA") enter into this
Memorandum of Understanding to clarify and modify the provisions of the three (3)
current collective bargaining agreements between the City and the PBA (Officers and
Detectives unit, Sergeants unit, and Lieutenants unit) and agree as follows:
1. The City will increase the rate charged to third parties for the use of an off-
duty officer, payable to the City as follows:
Officer without a vehicle- from $25.00 per hour to $33.00 per hour
Officer with a vehicle- from $30.00 per hour to $37.00 per hour
In all cases, the Officer will receive $30.00 per hour for working the detail.
2. This Memorandum will become effective the date it is ratified by both the
City Cornmission and bargaining unit.
ATTEST: CITY OF BOYNTON BEACH, FLORIDA
City Clerk Kurt Bressner, City Manager
Approved as to form:
James A. Cherof, City Attorney
PALM BEACH COUNTY POLICE
BENEVOLENT ASSOICATION
Approved as to form:
Lawrence Fagan, PBA Attorney
Ernest W. George, President
Date ratified by CITY
, 2005
Date ratified by Bargaining Units
,2005
C:\Documents and Settings\graharns\Local Settings\Ternporary Internet Files\OLK25\PBA off-duty detail
rates MOD.rtf
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Boynton communities surprised by fee hike for off-duty patrols
Page 1 of2
Sun-SentinelQS!!!1
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Boynton communities surprised by fee hike for
off-duty patrols
By Edward Sifuentes
Staff Writer
June 23, 2005
Chris DeLiso said he's concerned about crime returning to his community ifhis
homeowners association is not able to pay for security.
The Crossings of Boynton Beach, the neighborhood where DeLiso is association president, is one of
three residential communities that contract with the Boynton Beach Police Department to provide
security with off-duty police officers. But the city approved a rate increase last month that the
association did not expect, DeLiso said.
"We've been paying $25 and they raised it out of the blue to $37 an hour," he said. "I thought it was
inappropriate to raise it to such an extreme."
Before the increase, the city charged $25 an hour to provide off-duty police officers for security details.
The city charged $30 an hour if a patrol vehicle was used. Under the new rates, the city charges $33 an
hour for an officer without a vehicle, a 32 percent hike, and $37 for an officer with a vehicle, a 23
percent bump. Now, the 280-condominium association has a choice: either reduce the hours of patrol or
impose an additional fee on residents to pay for the increase, he said.
At Tuesday's commission meeting, commissioners agreed to take another look at the fee hike because
the associations were not notified that the rate increase would be up for a vote.
"We need to listen to them," Commissioner Bob Ensler said. "To me, it's a safety issue."
The increase approved by the commission on May 3 was intended to help cover other city expenses and
to help attract more officers to off-duty details, according to a memo recommending the increase. The
lower fee just covered the officer's pay of $25 an hour, according to city officials. The new fee provides
$3 to cover expenses and the officer is paid $30 an hour, a 20 percent raise.
"Nobody likes it when rates go up, but they do," Police Chief Marshall Gage said. He said the
commission that sets the rates.
DeLi so, a former police officer and one-time city commission candidate, said his homeowners
association logged 837 hours of security last year, totaling about $21,000. He said the association
budgeted about the same amount for this year, and did not factor in a rate increase because they were not
notified before the vote.
http://www.sun-sentine1.com/news/locaVpalmbeachisfl-psecurity23jun23.1.7288758.print. ... 6/27/2005
Boynton communities surprised by fee hike for off-duty patrols
Page 20f2
"It's a slap in the face," he said. "We realize that things go up, but not to this extreme."
Using off-duty police officers for security has improved conditions at the complex, DeLiso said. He said
he would prefer a fee structure that offers lower rates for long-term contracts. Otherwise, the association
might be forced to return to less expensive private security.
"We've tried private security and it was not as effective," he said. "Crime was rampant."
Edward Sifuentes can be reached at esifuentes@sun-sentinel.com or 561-243-6631.
Copyright iQ 2005, SQ1{.th. FlQriclQ Sun-:S~ntin~l
http://www.sun-sentinel.com/news/local/palmbeachlsfl-psecurity23jun23.1.7288758.print.... 6/27/2005