Agenda 01-02-08
The City of
Boynton Beach
100 E. Boynton Beach Boulevard. (561) 742-6000
City Commission
REVISED AGENDA
JANUARY 2,2008
Jerry Taylor
Mayor - At Large
Jose Rodriguez
Vice Mayor
Ron Weiland
Commissioner - District I
Woodrow Hay
Commissioner - District II
Marlene Ross
Commissioner - District IV
Kurt Bressner
City Manager
James Cherof DISTRI T I
City Attorney
Janet M. Prainito
City Clerk
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GENERAL RULES &. PROCEDURES FOR PUBLIC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which determines the order of
business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or
item of business, which is not listed upon the official agenda, unless a majority of the Commission has first
consented to the presentation for consideration and action.
. Consent Agenda Items: These are items which the Commission does not need to discuss individually
and which are voted on as a group.
. Regular Agenda Items: These are items which the Commission will discuss individually in the order
listed on the agenda.
. Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either
a regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAKING AT COMMISSION MEETINGS:
The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public
Audience, and on any regular agenda item, as hereinafter described.
City Commission meetings are business meetings and, as such, the Commission retains the right to impose
time limits on the discussion on an issue.
. Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public
Hearings. "
. Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of
the Commission - Time Limit - Three (3) Minutes
. Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after
a motion has been made and properly seconded, with the exception of Consent Agenda Items that have
not been pulled for separate vote, reports, presentations and first reading of Ordinances - Time Limit -
Three (3) minutes
.
ADDRESSING THE COMMISSION:
When addressing the Commission, please step up to either podium and state, for the record, your name and
address.
DECORUM:
Any person who disputes the meeting while addressing the Commission may be ordered by the presiding
officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or
step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the
presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority
vote of the Commission members present.
Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission
Meeting is in session.
City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach
Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every
month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to
Holidays/Election Day).
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City of Boynton Beach
REGULAR CITY COMMISSION MEETING
REVISED AGENDA
January 2, 2008 6:30 P.M.
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Reverend Rick Riccardi, Police Chaplain
C. Pledge of Allegiance to the Flag led by Commissioner Woodrow L. Hay
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
II. OTHER:
A. Informational Items by Members of the City Commission
III. ANNOUNCEMENTS, COMMMUNITY &. SPECIAL EVENTS &. PRESENTATIONS
A. Announcements:
None
B. Community and Special Events:
None
C. Presentations:
1. Proclamations
None
2. Presentation of artwork donation called "Rings of Coral" by artist, Rick Beau
Lieu, dedicated in memory of the late Assistant City Manager, Wilfred
Hawkins. The memorial will be placed in the lobby of the new City Library.
3. Presentation of Communications and Governance Sub-Committee.
1
Agenda
Regular City Commission
Boynton Beach, FL January 2, 2008
IV. PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at
the discretion of the Chair, this 3 minute allowance may need to be adjusted
depending on the level of business coming before the City Commission>
V. ADMINISTRATIVE:
A. Accept the resignation of John McGovern as an alternate member of the Planning
and Development Board.
B. Appointments
Appointment Length of Term
To Be Made Board Expiration Date
Mayor Taylor Arts Commission Alt 1 yr term to 12/08 Tabled (2)
II Hay Arts Commission Alt 1 yr term to 12/08 Tabled (2)
III Rodriguez Bldg. Bd of Adj & Appeals Reg 3 yr term to 12/10 Tabled (2)
IV Ross Bldg. Bd of Adj & Appeals Reg 3 yr term to 12/10 Tabled (2)
I Weiland Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/08 Tabled (3)
II Hay Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/08 Tabled (2)
II Hay Code Compliance Board Reg 3 yr term to 12/10 Tabled (2)
IV Ross Code Compliance Board Alt 1 yr term to 12/08
Mayor Taylor Code Compliance Board Alt 1 yr term to 12/08
II Hay Community Relations Board Alt 3 yr term to 12/10 Tabled (2)
II Hay Education & Youth Advisory Board Reg 2 yr term to 12/09 Tabled (2)
Mayor Taylor Education & Youth Advisory Board Alt 1 yr term to 12/08
I Weiland Education & Youth Advisory Board Alt 1 yr term to 12/08
II Hay Education & Youth Advisory Board Stu N/V 1 yr term to 12/08
IV Ross Library Board Alt 1 yr term to 12/08 Tabled (2)
Mayor Taylor Library Board Alt 1 yr term to 12/08 Tabled (2)
I Weiland Senior Advisory Bd Alt 1 yr term to 12/08 Tabled (2)
II Hay Veterans Advisory Commission Alt 1 yr term to 12/08 Tabled (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. Regular City Commission - December 18, 2007
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Agenda
Regular City Commission
Boynton Beach, FL January 2, 2008
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2007-2008 Adopted Budget.
1. Approve a piggyback of Bid #97-174W from Seacoast Utility Authority
(Palm Beach Gardens, FL) for the purchase of Sensus "Remote Touch-
Read" water meters for our Utility Department from Sensus Metering
Systems, Inc. for the estimate annual expenditure of $600,000.
2. Award the "ANNUAL SUPPLY OF SULFURIC ACID" Bid #01l-2821-08/JA,
to Shrieve Chemical Company of Woodland, TX for an estimated annual
expenditure of $285,000.
3. Approve a piggyback of the CITY OF JACKSONVILLE BEACH, RFP #3-
0203 to ADVANCED UNDERGROUND IMAGING, INC. of Jacksonville, FL in
the amount of $513,462.99 with a contingency of 10% for additional
cleaning of unforeseen conditions of estimated cleaning costs of $51,346.
Total cost of the project is $564,808.
C. Resolutions
1. Proposed Resolution No. R08-001 RE: Amending
Resolution No. R07-120 deleting Lori Laverriere, Interim Director of
Financial Services and adding E. Barrett Atwood, Director of Financial
Services for the City of Boynton Beach to the list of designated
individuals authorized as signatories for all City accounts at the Bank of
America.
2. Proposed Resolution No. R08-002 RE: Approving and
authorizing execution of an agreement with the South Florida Water
Management District (SFWMD) to accept a $1,505,900 grant for Phase
lA, Reclaimed Water Distribution and Recharge System Project.
3. Proposed Resolution No. R08-003 RE: Approving and
authorizing execution of an Agreement between the City of Boynton
Beach and the Boynton Beach Athletic Association, Inc. (BBAA), also
known as the East Boynton Little League, to allow BBAA to manage the
ball fields and related amenities at Little League Park.
4. Proposed Resolution No. R08-004 RE: Approving and
authorizing the execution of an Agreement between the City and
DiamondVision, LLC to allow DiamondVision to videotape baseball games
at Little League Park.
5. Proposed Resolution No. R08-00S RE: Approving and
authorizing execution of a Site Use Agreement between the City of
Boynton Beach and WeatherFlow, Inc. for the installation of a weather
station at Boat Club Park.
3
Agenda
Regular City Commission
Boynton Beach, FL January 2, 2008
D. Approve reduction in surety for the project known as Knollwood PUD, reducing
the required amount from the current value of $800,454.60 downward to
$40,000.
E. Approve the 2007/2008 Art in Public Places plan and the Arts Commission future
Master Planning initiative.
F. Approve name change for the City's life and disability insurance plans from
Jefferson Pilot Financial Insurance Company to The Lincoln National Life
Insurance Company. This is the first amendment to the current agreement
which expires September 29, 2008.
G. Approve the appointment of Lori LaVerriere to the Assistant City Manager,
effective January 2, 2008.
H. Authorize Commissioner Marlene Ross to attend FLC Fast Fly-in to Washington,
D.C. February 12-13, 2008.
VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS:
None
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: Cortina at Boynton Village (SPTE 07-010)
Agent: Kim Glas-Castro, Ruden McCloskey
Owner: South Florida Devco, Inc.
Location: Northeast corner of Old Boynton Road and Congress Avenue, just
south of the SFWMD C-16 canal
Descri ption: Request for a second one (1) year site plan time extension of a
site plan (NSWP 05-001) originally approved on September 20,
2005 for 458 town home units in the Boynton Village and Town
Center Development. This second request would extend approval
from September 20, 2007 to September 20, 2008. (Tabled to
January 2, 2008)
B. Project: Boynton Mausoleum (MSPM 07-008)
Agent: Jason Mankoff, Weiner & Aronson, P .A.
Owners: City of Boynton Beach
Location: 1611 South Seacrest Boulevard
Description: Request for a major site plan modification for the addition of an
approximately 3,162 square foot mausoleum building, on a 0.93
acre parcel zoned PU Public Usage. (Tabled to January 2,
2008)
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Agenda
Regular City Commission
Boynton Beach, FL January 2, 2008
C. Project: Ticket Clinic (ANEX 07-001)
Agent: Bradley Miller, AICP, Miller Land Planning Consultants, Inc.
Owners: Jer Enterprises, LLC
Location: 3349 Federal Highway (East side of Federal Highway, north of
Gulfstream Boulevard)
Description: Request to annex the subject property (0.37 acres) (1st reading
Proposed Ordinance No. 07-038) (Tabled to January 2,
2008)
D. Project: Ticket Clinic (LUAR 07-005)
Agent: Bradley Miller, AICP, Miller Land Planning Consultants, Inc.
Owners: Jer Enterprises, LLC
Location: 3349 Federal Highway (East side of Federal Highway, north of
Gulfstream Boulevard)
Descri ption: Request to amend the Comprehensive Plan Future Land Use Map
from CHIS Commercial High with underlying Medium Density
Residential of S du/ac (Palm Beach County) to Local Retail
Commercial LRC. (1st reading Proposed Ordinance No. 07-
039) (Tabled to January 2, 2008)
Proposed Use: Professional office
E. Project: Ticket Clinic (LUAR 07-005)
Agent: Bradley Miller, AICP, Miller Land Planning Consultants, Inc.
Owners: Jer Enterprises, LLC
Location: 3349 Federal Highway (East side of Federal Highway, north of
Gulfstream Boulevard)
Description: Request to rezone from CG General Commercial (Palm Beach
County) to C-3 Community Commercial. (1st reading Proposed
Ordinance No. 07-040) (Tabled to January 2, 2008)
Proposed Use: Professional office
F. Project: Ticket Clinic (NWSP 07-006)
Agent: Bradley Miller, AICP, Miller Land Planning Consultants, Inc.
Owners: Jer Enterprises, LLC
Location: 3349 Federal Highway (East side of Federal Highway, north of
Gulfstream Boulevard)
Description: Request for new site plan approval for the redevelopment of a
2,400 square foot commercial structure and related site
improvements on 0.37 acres to be rezoned C-3, Community
Commercial. (Tabled to January 2, 2008)
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Agenda
Regular City Commission
Boynton Beach, FL January 2, 2008
G. Project: B.A.P.S. Temple (MSPM 07-005)
Agent: Bharat R. Patel
Owners: B.A.P.S. Swaminaravan Mandr Temple
Location: SE 19th Avenue; west of S. Federal Highway, just south of the
Sunshine Square Shopping Center
Description: Request for a major site plan modification for the construction of
a 23,761 square foot addition to an existing 8,050 square foot
temple.
H. Project: Baywalk (NWSP 08-001)
Agent: Carlos J. Ballbe, Development Consulting Group, Inc.
Owners: Southern Homes of Palm Beach V, LLC
Location: 3103 North Federal Highway,; west side of Federal Highway,
approximately 1/8 mile south of Old Dixie Highway.
Description: Request for new site plan approval for 40 condominium units and
related site improvements on a 2.26 acre parcel in an IPUD zoning
district.
IX. CITY MANAGER'S REPORT:
A. Report on Impact of Property Tax Reform Referendum (Proposed Resolution
No. ROB-006)
B. Review of enclave annexation and Interlocal Agreement with Palm Beach County
(Proposed Resolution No. ROB-007)
X. FUTURE AGENDA ITEMS:
A. Discussion of disposition of Old High School - January, 2008
B. Discussion on timing of elections - January, 2008
C. Recommendations and Action Plan on City Green Task Force - February 5, 2008
D. Discussion of funding electronic agenda software
E. Discussion on cancelling second meeting in November
F. Discussion on annexation of Gulfstream Gardens
XI. NEW BUSINESS:
None
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBLIC HEARING
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Agenda
Regular City Commission
Boynton Beach, FL January 2, 2008
1. Proposed Ordinance No. 07-041 RE: Rescinding
Ordinance 06-064 which rezoned from C-3, Community Commercial to
Mixed Use Low 3, a parcel of land located at the southwest corner of
Woolbright Road and South Federal Highway; restoring C-3, Community
Commercial Zoning to the property. (Sunshine Square)
B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING
1. Proposed Ordinance No. 07-042 RE: Amending Part
III of the City of Boynton Beach Code of Ordinances, entitled "Land
Development Regulations" by amending the City of Boynton Beach
Capital Improvement Element of the City of Boynton Beach
Comprehensive Plan, as amended; providing for an update of City of
Boynton Beach Five-Year Capital Improvements schedule.
C. Ordinances - 1st Reading
1. Proposed Ordinance No. OS-OOl RE: Approving the
transfer of Land Development Review responsibilities from the
Community Redevelopment Agency (CRA) Board to the Planning and
Development Board.
D. Resolutions:
1. Proposed Resolution No. ROS-OOS RE: Appointing a
City Commission representative and alternate to the Coalition of Boynton
West Residents Association.
2. Proposed Resolution No. ROS-009 RE: Appointing a
City Commission representative and alternate to the Metropolitan
Planning Organization.
3. Proposed Resolution No. ROS-010 RE: Appointing a
City Commission representative and alternate to the Countywide
Intergovernmental Coordination Program.
4. Proposed Resolution No. ROS-Oll RE: Appointing a
City Commission representative and alternate to the Palm Beach County
League of Cities.
E. Other:
None
7
Agenda
Regular City Commission
Boynton Beach, FL January 2, 2008
XIII. UNFINISHED BUSINESS:
None
XIV. ADJOURNMENT:
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
(F.S. 286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN
EQUAL OPPORTUNITY 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.
Revised Agenda 12/27/07 11:30 a.m.
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8
[II.-ANNOUNCEMENTS & PRESENTATIONS
Item C.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Citv Clerk's Office Meeting Dates in to City Clerk's Office
o December 18,2007 December 3, 2007 (Noon) o February 19,2008 February 4, 2008 (Noon)
181 January 2,2008 December 17, 2007 (Noon) o March 4, 2008 February 19,2008 (Noon)
o January 15,2008 December 31, 2007 (Noon) o March 18,2008 March 3, 2008 (Noon)
17::::)
o April I, 2008 ",.J I
o February 5,2008 January 14,2008 (Noon) March 17,2008 (Noon) c:::J ,
f"l
C'J } , '1
f\J ")
181 0 a ._)
Announcements/Presentations City Manager's Report
~.. ..
NATURE OF 0 Administrative 0 New Business ..
_\i,..
AGENDA ITEM 0 Consent Agenda 0 Legal -:-:J
0 Code Compliance & Legal Settlements 0 Unfinished Business C--:
t..O
0 Public Hearing 0 '.
-
RECOMMENDATION: Accept presentation of artwork donation called "Rings of Coral" by artist, Rick Beau Lieu,
dedicated in memory of the late Assistant City Manager, Wilfred Hawkins. The memorial will be placed in the lobby of the
new City Library.
EXPLANA TI ON: Both the Arts Commission and Library Board approved and accepted the donation of artwork as a
memorial for Wilfred Hawkins. A bronze dedication plaque will accompany the artwork to hang in the City Library lobby.
The artwork is a mirror polished bronze wall sculpture highlighted in green patina and mounted on a black plexi-glass 23"
square x 5.5"deep. It was created in the late 1980's by local artist, art advocate and former Arts Commission Chair, Rick
Beau Lieu. The artwork's bronze circle composition symbolizes unity and peace. The name "Rings of Coral" symbolizes the
sea that supports life.
PROGRAM IMP ACT: The donated artwork serves to commemorate Wilfred Hawkins as a city leader and visionary who
was dedicated to education and the arts.
FISCAL IMPACT: The artwork, valued at $ 4,000.00 is donated at no cost. A 6" x 10" bronze plaque will be created at a
cost of$250.00 and insurance will cost approximately $28.00. Both costs will come from the Acquisition of Public Art
Account #151-261 1-579-67-01.
ALTERNATIVES: Not to accept the donated artwork.
ATTACHMENTS: Arts Commission and Library board minutes.
~i,C~,=r- ~~
Ity anager signature
Assistant to City Manager
Ph t-; he ,4vJ-
Department Name City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
Meeting Minutes
Arts Commission
Boynton Beach, FL August 28, 2007
r'
Motion
Ms. Arflin moved to accept the artwork by Rick Beau Lieu. Ms. Richman seconded the
motion that passed unanimously.
2. Carolyn Sims
a. Bust with Family
The Sims family visited Mr. Varga's studio to review and approve the bust. The family
determined that there should not be any changes to the artwork. Each family
member's fingerprints were imprinted in the base of the bust. This event was filmed.
b. Grand Opening Celebration
Ms. COles-Dobay had scheduled a meeting for September 11, 2007 with Recreation and
Parks to discuss the event. "Eternal Vision" would be the name. A suggestion was
made to use large spotlights to draw people to the event. There was discussion on
speakers and specifics, and how to enlighten people as to the manner in which the
foundry developed the piece. The target date would be January 12, 2008 for the grand
opening. The Recreation and Parks Department would be responsible for the catering
costs.
Motion
Ms. Budano moved to support the Carolyn Sims Public Art Memorial Celebration
following the outline submitted on August 28, 2007, with details to follow at other
planning sessions. Ms. Richman seconded the motion that passed unanimously.
3. Development Projects
a. Leo Urban Miraflor and Aspen Glen
The approval of Frank Varga, as artist, was sought. The development, Aspen Glen,
was not gated and was publicly accessible.
Motion
Ms. Arflin moved to accept that Leo Urban will use Frank Varga as the artist and
fabricator for both the Miraflor and Aspen Glen projects. Ms. Budano seconded the
motion that passed unanimously.
7
Meeting Minutes
Arts Commission
Boynton Beach, FL August 28, 2007
"
,
for those who were not familiar with the beauty of the building, as well as utilizing the
building for art displays.
As it is unlikely funds would be received in less than two months, it was suggested if
the event was held in conjunction with the Season of Peace, which is an established
event, it would be more successful than holding a separate event. Ms. Coles-Do bay
indicated that she would prefer to do a separate event, and invite the movers and
shakers of Boynton Beach. The Chamber and the CRA could put up a science board
touting what their group was doing. It was pointed out that the Season of Peace was
open to the general public, whereas the board's event would target a more specific
group. There was a suggestion that the Woman's Club be used as a venue for arts
programs and to help promote the Woman's Club. The date of October 19th was
suggested.
Motion
Ms. Budano moved to accept the idea and move forward. Ms. Richman seconded the
motion.
Ms. Coles-Dobay felt it was important that this event promote and highlight the
different areas of the City in a very positive manner. Invitations should include
advisory boards, fire, police, etc. The budget for the event should be shared, and
discussions on specifics, including using the Trolley at the overtime cost for an evening
event were discussed.
Vote
The motion passed unanimously. /
A special meeting will be set after Ms. Coles-Dobay provides additional information to
the committee. .
Mr. Rick Beau Lieu, former Arts Commission member, entered the meeting at 7:56 p.m.
Mr. Beau Lieu had offered a piece of artwork as a donation in memory of Wilfred
Hawkins. Placement of the bronze artwork in the Library Lobby was suggested as this
was one of Wilfred's favorite projects. A specific description of the bronze piece was
presented for review. Installation and securing of the piece would be included in the
donation.
6
CITY OF BOYNTON BEACH
LIBRARY ADVISORY BOARD
OCTOBER 24, 2007
PRESENT: Eleanor Daly, DOlma Harnlening, Dan HoIthouse, Barbara Mc Gee, Sanford
Mendelsolm, Valerie Pleasanton, Jeannie Taylor, Barbara Wilson, Willie Pearl Wilson
Director Craig Clark, Asst. Director Anne Watts
Chaimlfil Valerie Pleasanton called the meeting to order at 4:00 P.M.
Director Clark introduced Public Arts Administrator Debby Coles-Dobay and fiiist Rick
Beau Lieu. Mr. Beau Lieu showed us the artwork he had designed as a memorial to
Wilfred Hawkins. A motion was made fild approved to accept the donation with
appreciation. Motion passed. Ms. Coles-Dobay passed out brochures and discussed the
AIi in Public Places rrogram in the City. She advised us of a program at the Hester
Center on March ISt1 at 6:30 to see the unveiling of the Carolyn Sims Public Art
MemOlial Maquette.
MINUTES: The minutes of the August 22, 2007 meeting were approved as distributed.
CORRESPONDENCE: Director Clark announced that he had received ternl ternlination
notices for five Board members. It would be necessary to reapply by Nov. 9th. Barbara
Wilson said she would not reapply. She had enjoyed her time but wanted to pursue other
things.
CHAIR'S REPORT: Chairmfil Pleasanton asked if there was any report on the art piece
in honor of Virginia. Director Clark reported that Hunters Run had made a $1,500.00
donation. Director Clark discussed plans to display public art. We do have art in the
archives. There are no plfilS. to display this at this time.
UNFINISHED BUSINESS: The City Conmlission has approved the Long Range Plan.
New furniture has arrived and is stored in the Program Room.
There is a packet available for the Fliends, Foundations fild Boards Workshop
registration. AIme Watts will be attending this event in Broward County on Nov. 15th.
NEW BUSINESS: The latest target date for the contractor to turn over the new building
is Nov. 30. There are 30 calendar days scheduled for the move. The opening should be in
early January. The AC should be cOlmected by the end ofthe day tomorrow. The Fire
Department must give a temporary O.K. for power for the AC and elevator.
While the Library is closed there will be an extended borrowing period and fines will be
adjusted. The book return box will be open.
The State Aid to Public Libraries looks good with no cuts. We will apply for the
reimbursements for teleconmmnications costs (E-Rate), which is available for libraries
and schools.
The Budget for FY 2007-2008 looks "pretty good".
Director's Report: The monthly report for August and September was distributed.
There was a small increase in adult circulation in August.
AIme Watts explained the mechanics of the move.
Mr. Cunningham is not allowed to do anything on the cafe until the library C.O. is issued.
The adult reading program will start in January.
The next Board meeting will be on December 5.
We adjourned at 5:15.
.LJ)~--.J #~e<-.7
Donna Harmening, Secretary .
III.-ANNOUNCEMENTS & PRESENTATIONS
Item C.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 December 18, 2007 December 3, 2007 (Noon) D February 19,2008 February 4, 2008 (Noon)
0 January 2, 2008 December 17, 2007 (Noon) D March 4, 2008 February 19,2008 (Noon)
D January 15,2008 December 31,2007 (Noon) D March 18,2008 March 3, 2008 (Noon)
D February 5, 2008 January 14, 2008 (Noon) D April 1,2008 March 17,2008 (Noon)
0 Anno uncements/Presentati 0 ns D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Presentation of Communications and Governance Sub-Committee
EXPLANATION: At the December 18, 2007 City Commission meeting a schedule of presentations from the Boynton
Beach Assembly: Committing to our Future was approved. The schedule is as follows:
Communications and Governance January 2, 2008
Education January 15,2008
[ nfrastructure Februrary 5, 2008
Neighborhood Revitalization
and Affordable Housing Februrary 19, 2008
Community Relations March 4, 20{)8
Wrap-up by Commission March 18, 2008
PROGRAM IMPACT: Depending on the sub-committee reports there are new programs and staff additions recommended.
FISCAL IMPACT: (Include Account Number where funds will come from) No funds have been budgeted pending
review and approval of the sub-committee recommendations.
A L TERN A TIVES: This is an informational briefing.
~
Department Head's Signature
Assistant to City Manager
Department Name City Attorney I Finance
SIBULLETINIFORMS\AGENDA ITEM REQUEST FORM.DOC
Boynton Beach Assembly 2007
PUBLIC COMMUNICATIONS AND GOVERNANCE
Sub-Committee Assignments
Taken from Policy Statement Document.
PUBLIC COMMUNICATIONS AND GOVERNANCE - This includes
improving the mission and effectiveness of advisory boards, outreach efforts
of the City and public information and communication.
AssiQnments for Public Communications and Governance:
Political divisions are inevitable in a large, diverse, South Florida city, but in
Boynton Beach they are exacerbated by the fact that single-member districts
for City Commissioners may foster parochialism among Commissioners and
citizens alike. City Commissioners try to represent the whole City, but they
are inevitably focused on the districts from which they are elected. Their
- constituents often tend to follow suit because, for good reasons, citizens are
encouraged to take their issues to the commissioner from their district.
Action Item: Identify the extent of any perceived divisions created by
single member districts and develop strategies for minimizing these
divisions.
Action Item: Evaluate the pros and cons of single member districts and
make recommendations to alternative structures.
Encourage the most qualified individuals to seek election to the Commission,
and allow the Commissioners to devote the time necessary to properly carry
out their duties, by raising the salaries of the Commissioners and Mayor.
Action Item: Evaluate the pros and cons of full-time versus part-time
Commissioners and what level of salary would be appropriate for each,
along with comparing salaries to those of other municipalities.
Take the City to the community. Encourage Commissioners and other City
officials to attend community meetings to inform citizens of City goals and
other news.
Promote cohesion within the City government.
a. Develop a plan for holding semi-annual goal-setting and
brainstorming sessions.
b. Establish clear goals and objectives for advisory boards, and
suggest means for holding them accountable.
c. Establish a training program for advisory board members to give
them a city-wide perspective.
Augment the City's public information activities.
a. Publish information about City decision-making processes.
b. Establish a central call center to notify citizens of upcoming
meetings, openings on advisory boards, etc.
c. Convey information through faith-based institutions.
d. Publicize, translate, and broaden the distribution of the City
Services Guide.
EXECUTIVE SUMMARY
SUBMITTED BY THE SUBCOMMITTEE ON
PUBLIC COMMUNICATIONS & GOVERNANCE
After extensive research, below are the recommendations set forth within this
report:
. Add two (2) additional Mega-Districts (to result in 6 commissioners, I mayor) forming a hybrid of
single member and at-large commission system
. Maintain current PT status and pay scales for city politicians
. Strongly encourage newly elected officials and advisory boards to engage in education from the
FL League of Cities' already established programs (Institute of Municipal Officials and special 4-
hour workshop on better citizen's advisory boards
. Create a handbook for newly appointed advisory boards that includes a signed statement
confirming they have read the information
. Consider making commissioners and mayor eligible for city's pension plan
. Hold advisory boards accountable via quarterly or biannual reports of goals and objectives
utilizing existing reports already utilized by department heads
. Subject prospective advisory board members to a background check
~
. Engage non-partisan group such as League of Women Voters to provide information on
candidates and utilize main congregating areas such as the library, city hall, etc., to post such
information for people to learn more about the people vying for commission/mayoral posts
. Encourage city employees to be pleasant, smile and utilize "friendly 101" response-style behaviors
with customers/taxpayers; ways to better train could be to make the Ritz-Carlton seminar that was
held at the library an annual event for people on the frontlines of community interaction
. Hold department heads accountable for funneling information to the head Public Information
Offi cer
. Conduct a citywide satisfaction survey
. Examine current codes of advisory boards and update to better conform with current needs
(example: repurposing Community Relations Board to get a larger number of people to vote-
Boynton Beach, non gubernatorial, non presidential election year - 15.75% voter turnout,
compared to 39.5% national average - turnouf here is abysmal)
. Come up with a key message for the city and stick with it. The city, not the media, must shape the
message of the city.
. Consider hiring a PR firm to assist with the beginning stages of shaping and solidifying the
message. The CRA has a PR firm. The city should as well.
. Rely more heavily on the web site for better communications and like other cities, include place to
sign up for email updates on upcoming events, commission meetings, advisory board meeting
agendas and minutes, etc.
MISSION
The purpose of the Subcommittee on Public Communications and Governance is to
promote a sense of mission for the city which sets the city on a positive course and
improves the lives of its people through the political process. We do this by:
. fostering a citywide perspective through governance
. promoting civic engagement through improved communications vehicles
. developing a framework for cohesive messaging for the city
The mission is to set the tone for a better Boynton Beach.
ACTION ITEM
Identify the extent of any perceived divisions created by single member districts and
develop strategies for minimizing these divisions.
SINGLE MEMBER VS. AT-LARGE - PROS & CONS
It is the perception of this subcommittee that single member districts, in and of
themselves, do not provide the ideal platform for members of the Comm ission to
demonstrate that, on a continuous, consistent and credible basis, they indeed represent the
"whole" of the city of Boynton Beach as they consider and cast their votes on certain
agenda issues which they confront every two weeks.
Most recently this problem has been exacerbated with commissioners also filling the role
of CRA board. While it is not universal, there have been too many occasions when
statements such as the following have been made:
"The people J represent do not believe that J should support this measure because
"
.,..
OR
"Aly district thinks ..... and therefore J have to vote this way.... "
OR
"This is not goodfor my district... and therefore J vote against this measure"
These references reinforce the ties between commission members and their respective
districts rather than the entire city.
In order for the "whole" of the city of Boynton Beach to grow as a cohesive unit, the
commission must move closer toward representing the interests of the entire city.
RECOMMENDA TIONS TO FOSTER STRONGER CITY-WIDE PERSPECTIVE
1. EDUCATION: There are opportunities offered by groups such as the Florida
League of Cities that emphasizes better governance and offers background in
basic principals and practices for municipal government. This way, governance
on a grander scale becomes a top priority both for the Commission as an entity
and its individual members. It has been observed at commission meetings that
such basic issues as moving from discussion to motion formulation need attention
and development.
a. Institute of Municipal Officials (IMO) - this is one prime example of a
program that is ideal for newly elected officials; we have also been
advised that some officials attend periodically as a 'refresher course;' this
is something the sub-committee also recommends
b. Possibility could be that the city sponsors and also strongly encourages
newly elected Commissioners to attend an IMO conference
2. EXPERIENCED CANDIDA TES: Another concept the group devised was having
the city partner with a non-partisan group, such as the League of Women Voters,
to disseminate information on all of the candidates in each district so the
electorate is better informed on the caliber of clients. One question that could be
included in this non-partisan voluntary backgrounder on candidates would be
confirmation as to whether the candidates attended a governance education
program such as IMO.
ACTION ITEM
Evaluate the pros and cons of single member districts and make recommendations to
alternative structures.
SINGLE MEMBER & AT-LARGE HYBRID
The subcommittee believes that some concrete measure must be taken to create a
structural change on the Commission which will address a needed shift beyond the
present structure of single member districts. Our proposed enhancement to the current
structure demonstrates that members of the Commission do consider issues which affect
the entire city.
A way to ensure this is to have more members of the Commission (other than the Mayor)
elected by the entire electorate of the city.
INFLUENCES
2011 CENSUS: Based on perceptions and known demographic shifts which have
already occurred, it is believed that di.strict lines will be redrawn following the next
census in order to maintain racial and socioeconomic balance.
VOTING BLOCKS: A further consideration must be given to powerful voting blocks
which exist under the current system.
WESTERN PUSH: In anticipation of what is to come, this subcommittee envisions the
possible shift westward of the current 1-95 line which separates the two eastern and two
western districts as emerging socioeconomic trends seem to indicate. The Congress
corridor as well as the growth of communities west of 1-95 will contribute to this shift of
the east - west line.
In making these observations and recommendations we were influenced by the
demographic information contained in The Development Atlas of the City of Boynton
Beach (October, 2005) and Reapportionment Information (Redistricting 2002) - two
documents which weighed heavily regarding this recommendation from this
subcommittee.
OPTION A OPTION B
(NORTH/SOUTH) MEGA DISTRICTS (EAST/WEST) MEGA DISTRICTS
RECOMMENDA nONS
I n order to help create a structure which will force the issue of representing the interests
of the entire city in its deliberations, we unanimously propose:
I. MEGA-DISTRICTS: The creation of two "mega districts" (see options A & B)
which would each overlay existing districts. The difference here is that these
mega-district candidates would be elected by the entire electorate. Candidates
must reside in their respective "mega district." These candidates will demonstrate
qualifications and aptitudes for dealing with issues which affect the city as a
whole.
a. INTENDED OUTCOMES:
1. Trend toward ?-Teater city perspective: This structural change will
be a concrete step away from strict adherence to "my district - my
vote."
II. Added incentive with increased pay: Envisioning that the work of
the commissioners elected to represent these "mega districts" will
be more encompassing than the existing single member districts,
we propose that the salary paid to "mega district" commissioners
be higher than single member district commissioners.
1. Caveat: This factor will serve as a principal of attraction for
citizens to run for office and seek these specific positions.
This aspect of salary must be aligned with the issue which
will be addressed in a later section of this document-
namely "FT vs. PT commissioners"
While this recommendation is made in anticipation of what was addressed earlier, i.e.
shifting district lines to conform what we perceive as possible future trends, we envision
that Mega District 5 will overlap existing single members districts 2 and 4 - the northern
portion of the city; Mega District 6 will overlap with single member districts I and 3 -
the southern portion of the city.
Variances (see Option B reflecting an east/west mega district) of this restructuring are
also envisioned but the subcommittee favors this pattern especially if the 1-95 dividing
line moves in a westerly direction.
FULL TIME VS. PART TIME & COMPENSATION
ACTION ITEM
Evaluate the pros and cons of full-time versus part-time Commissioners and what level of
salary would be appropriate for each.
RECOMMENDA TION
After considering the comparative salaries of several other local municipalities, this
subcommittee believes in maintaining the part-time nature of all elected positions.
Additionally, taking inventory of current pay scales of other cities compared to Boynton
Beach, factoring in population size, number of elected officials, the latest increase in pay
that took effect April of 2007 for Boynton Beach, the subcommittee recommends no pay
increase at this point in time.
We propose the following salary structure for Mayor and Commissioners:
Mayor - Stay at existing $19,096 + expenses $552.50/mo.
Mega District Commissioners: (mid-range of existing) $17.904/year + expenses approx.
$520.00
Single Member District Commissioners - Stay at existing $15,914 + expenses
$510.00/mo
PENSION ELIGIBILITY: In addition, we propose that a provision be made for some
inclusion of the Mayor and Commissioners in a pension benefit program. Elected
Officials in the state participate in a specific class of the Florida Retirement System
(FRS); some similar consideration should be given to elected officials in the City of
Boynton Beach.
Vesting in the FRS plan commences upon completion of six years of employment; for the
city of West Palm Beach, Commissioners become eligible after six months of service;
adm itting Boynton Beach elected officials either to FRS or another plan presumes that it
be of benefit to an individual only after term limits would dictate a departure from elected
office with an eventual return after "sitting out" either a term or period of lapsed service
(e.g. complete two terms and then fill a vacant seat by appointment).
WITH RESPECT TO ADVISORY BOARDS...
THE OPPORTUNITY: Boynton Beach residents have the opportunity to become
actively engaged in their community by serving on the City's Advisory Boards.
THE REALITY: Vacant seats are filled by Commissioners; although it seems most don't take
the opportunity to do so. Additionally, according to the City Code, each board has a specific
focus and is expected to make periodic recommendations and submit fact finding to the City
Commission within its area of concern. However, within the last 24 months, not a sinele
advisory board has submitted a report to the commission as the code instructs.
Add itionally, upon reviewing the meeting minutes of several of the advisory boards, the
subcommittee members found that the boards often lack...
. A clear direction,
. Tangible goals
. Objectives.
THE SOLUTION: In order to strengthen the advisory boards, the subcommittee
recommends that the following steps be taken:
1. FL LEAGUE OF CITIES TRAINING:
a. BUILT-IN TRAINING SESSION: Once a year, the City should sponsor
a training session for new advisory board members. The Florida League of
Cities, which conducts advisory board training at locations throughout the
state, could provide the training or might be able to recommend training
facilitators from the South Florida area.
b. ADVISORY BOARD SEMINARS
1. Five held each year across the state
11. New budget cycle in October - however, there is a vacancy
between now and then that could be held in Boynton Beach.
Requirements to host such a seminar:
1. Space and a place to accommodate 45-60 participants
2. Registration booth organizer and name badges
3. Refreshments
The remaining costs and arrangements are covered by the FL League of Cities.
Contact: Jan Piland
Phone: 850-222-9684
Email: ipiland@flcities.com
c. EFFECTIVENESS: The City of Lauderdale Lakes recently hosted this
training and the City Clerk reported that the feedback from the participants
was very positive. She also believes it has made a difference in how the
boards are now functioning. The handout from this workshop, Successful
Citizen Advisory Boards and Committees, is attached to this report.
2. DEVELOP AND DISTRIBUTE ADVISORY BOARD HANDBOOK TO
NEWL Y APPOINTED BOARD MEMBERS:
a. The subcommittee unanimously agreed that the city should produce a
handbook for all newly appointed advisory board members. Each member
of an advisory board would receive this manual and be responsible for
signing an agreement that the material has been read and understood.
These handbooks should contain the following, but in no way is this list
exhaustive:
1. Excerpts from Robert's Rules of Order
11. Copy of Florida's Sunshine Laws
111. FAQ section
1. How often the board meets
~ 2. Attendance requirements
IV. Definition of respective advisory board
v. Yearly goals sheet
VI. Minimized copy of the quarterly report submission
VII. Sample of an agenda
VIII. Notes area
IX. Key contacts
1. City government & officials
3. QUARTERLY OR BIANNUAL REPORTS: To foster accountability, each
board, working in collaboration with its City staff liaison, should establish annual
goals and objectives that include measurements for success. Progress on the
objectives should be provided to the City Commission in a written report on a
quarterly or biannual basis. The template for this report may be the form used by
City departments to track their goals and objectives or a similar form used by the
advisory boards in Lauderdale Lakes. Both forms are attached to this report.
4. BETTER DISSEMINA TION OF OPEN POSITIONS & INTERNET
USAGE: The subcommittee also suggests that the City review the current
process by which a citizen applies for appointment to an advisory board. More
citizens might be interested in applying for appointment if they knew more about
the advisory boards. At the present time, vacancies on boards are noted only in
Commission agendas; the subcommittee recommends dedicating a separate
section of the city's web site to provide notice of advisory board vacancies. As
more people are learning to use the Internet to access information, the City's
- . ~
website should have:
a. A section describing the advisory boards
b. An online application
TAKING INVENTORY: Some advisory boards were established to address needs within the
city that may have become in many ways obsolete, failing to address current issues. The
subcommittee recommends the possibility of establishing an ad hoc committee to assess current
advisory codes and
update them
accordingly with
respect to current
needs.
EXAMPLE:
COMMUNITY
RELA TIONS- The
Community Relations
Board was established
to hear grievances.
One of our members is
a past board member.
She reports being
"crestfallen" when
people would come
and not have a
grievance but rather
were in the wrong meeting room!
The Community Relations Board could be bestowed with the job of increasing voter turn out
through community relations campaigns.
The subcommittee carefully reviewed voter turnout for each precinct (within districts) for the last
two election cycles.
The Commission should take note from the graph above that even in a non-presidential election
year, when voter turnout is universally low, Boynton falls much lower than both national and
state averages when it comes to voter turnout. Of course, maintaining non-partisan impartial it}
with a task like this is paramount. But this would give the board a tangible goal to work toward
and achieve. and in turn help the city by having a higher number of the electorate being engaged
in the process.
This is just one example of repurposing an advisory board. This provides the board with a
tangible task that is also time sensitive and holds members accountable while giving them
purpose and a sense of value.
BACKGROUND CHECKS: In order to protect the interests ofthe City, especially where
budgets such as the CRA budget (approx. $9M per year) are being governed by these boards, the
advisory board application should note that applicants would be subject to a background check.
We verified this with the city attorney that this is within the right of the city. It also stands to
help bolster the electorate's confidence in the public process. Additionally, if it were discovered
by members of the media that someone was sitting on a board say for example, youth and
education, and the person was a convicted pedophile, this would not be a good PR move on the
city's part.
ACTION ITEM
A ugment the city's information activities by...
a. Publishing information about city decision-making processes;
b. Establishing a central call center to notify citizens of upcoming meetings,
openings on advisory boards, etc.
c. Convey information through faith-based institutions
d. Publicize, translate and broaden the distribution of the city services guide.
PRELIMINARY RESEARCH
1.) Current state of communications
a. We tackled this issue utilizing the following methods:
I. Interviewed Public Information Officer Wayne Segal
11. Conducted a highly UNscientific survey of the community at large
111. Took a closer look at BBTV and opportunities
IV. Explored ways to expound on the impending web site redesign launch in
terms of better communication dissemination
~ v. Compared the city of Delray's communications vehicles with Boynton's
VI. Learned about the existing processes involved with the different needs and
objectives of PIO's within respective Boynton Beach departments, i.e.
police, fire, utilities, etc.
VII. Researched the processes in which the city communicates upcoming
events to the community and members of the media
VIII. Examined our own experiences concerning communications from the city
IX. Established where the City Services Guide is available and how it's
disseminated
UKenneth, what's the frequency?" "I n.{orlnatiol1
A quote made famous by the bizarre mugging of legendary CBS is the currency
news anchor Dan Rather in 1986, a quote made infamous by the band of democracy. "
R.E.M. And a question that is often asked by
married couples --Thomas Jefferson
multi-national corporations
And yes, municipalities.
What is the frequency? In today's marketplace, information is the currency for much more
than democracy. It's the currency of survival. How important is communications? Now, more
important than perhaps at any time in the course of human history. Why? Because of what
history tells us.
20,000 years ago... human language and sounds emerge
6,000 years ago... humankind begins writing
500 years ago... Gutenberg's printing press emerges - allowing for widespread dissemination of
books and newspapers cutting across socioeconomic lines and classes
Today...humans interact with computers; satellites, TV, CNN, radio, newspapers and the
r nternet
,.----------.--.-- -----
"The information age is How well is the city of Boynton Beach communicating its message? \Ve
started by taking inventory of the city's current communications efforts via
ascending, bur during /he an interview with PIO Wayne Segal.
TransiTion. there 1vi// be profound HIGHLIGHTS OF THAT ONE-ON-ONE DISCUSSION
change and colliding 1.) City doing a good job of communicating to certain pal1s of the city
trends. AT/he end ofir. by]O/5. thanks to the Neighborhood Services division
11 ill re a 1/)' he a new world. eiTher 2.) Successful communications campaigns NOT disaster related
he cause we can dealwi/h The ' ~~ a. HOUSE NUMBERS CAMPAIGN: Encouraging
changes or hecause we can '1. " " ~~ homeowners to list their addresses on their homes to aid in
' ',~
--john L Pe/ersen, A rlll1g/on Ins/;/",e , :~ emergency response
; '-~ b. WATER RESTRICTIONS: Converting the recent water
:f
..... ". restrictions notices in Creole and Spanish to cut down \vater
usage and code enforcement citations
c. BROADER COMMUNITY INVOLVEMENT IN EVENTS: City engaged
Boynton Beach High School to develop scenes for the pirate/renaissance festivals
- turned out lovely - now they're stored and utilized by the high school for plays,
etc.
3.) City services guide is not mailed out to new residents; no welcome to the city kits sent
out; city services guides available primarily via the City Hall in the Mall which is now
closing
4.) The CRA's marketing director now handles promotion of upcoming city based events on
its own; CRA usually partners with a radio station for upcoming events. but not typically
mainstream morning drive stations on a continual basis such as
a. Wild 95.5 (like WPB for Thursday nights on Clematis)
5.) With respect to BBTV-18
a. Up and runn ing
b. Running scrolling updates and music
c. WHAT IrS LACKING
I. No real timeline set for getting the channel operational and having the
mandated 5 hours of original programming
II. No budget set forth
III. Not sure who would run it as he is a one-man operation
6.) WEB SITE: Excited about the onset of the new web site launch slated for July 2007 - as
of this submittal, new site had not yet launched
7.) COMMUNICA TrONS VENUES: One obstacle for the city's communications dept. is
deciphering which medium to LIse
a. Not all seniors are on the web
b. Some prefer web only
8.) City's communications dept. could benefit greatly with greater involvement/assistance
from the Chamber of Commerce
9.) Former programs that used to be conducted by the city
a. Coffee with the Commish
I. Commissioners would schedule time to be in neutral territory such as a
coffee shop, etc., where members of the community could come out and
discuss issues that mattered to them with respective commissioners
1. program failed
a. lack of commissioner interest
b. safety concerns in the wake of 9/11
10.) INTERNAL COMMUNICA nONS: City has internal newsletter to foster greater
appreciation across departments within the city
II. ) City provides periodic newsletter inserts along with water bills
12.) When asked about the prospect of hiring an outside PR firm to assist with
communications efforts, Mr. Segal advised us that
a. He has primary concerns of staying within his budget
b. Until the city had a clear idea what that message would be, that hiring a PR firm
would be premature at this time
- Based upon our discussions, a majority of the sub-committee members agreed that concerted
efforts have been made to keep the city informed. But it appears that not only is the city
struggling with adequate methods to disseminate the city's message, it's also grappling with how
best to shape that message and in fact what that messa!!e even is.
RECOMMEND A TIONS
The action items set forth originally involved reaching out to faith-based institutions;
establishing a call center, widening the distribution of the city services guide, etc.
While these initiatives have merit for further consideration, before the city can truly take
advantage of any of these concepts, the city must first have a very clear understanding of what
their message is.
Before that message can be honed and defined, the sub-committee recommends starting with a
simple step, beginning with the one-on-one interaction between every city worker and its
citizens.
I.) SAY CHEESE: when a citizen sees someone on the frontlines of the
city, whether it be at the utility window, the city clerk's office, the fire
station, the library, city hall on the mall, or even a police officer on the
street, just smiling and acknowledging citizens can go a long way in
changing people's attitudes and views toward the city
a. EXAMPLE: Ritz-Carlton & Customer Service: When the Ritz was being
renovated, the library's director held a customer service seminar with employees:
this is something that could be brought online as a routine exercise. The city
could also give monthly awards to the employee who demonstrates the best style
of customer service
2.) DEVELOP A MESSAGE & STICK WITH IT: there have been slogans presented and
applied to that which is Boynton Beach:
a. Gateway to the Gulfstream
b. City living for the new millennia
c. A Waterfront community - a fishing village
d. Something else?
3.) TARGETED OUTREACH:
a. Delray is a great example of effective communications. Some facts:
I. Department: party of 1 (and a half, PT employee) - likely being cut due to
budget concerns and outsourced to a subcontractor;
II. Generates great hometown newsletter (in electronic AND print versions)
1. covers human interest stories of the city and the community
working together
Ill. provides great outreach on the web site via
1. customized email bulletins for
a. upcoming city events
- b. advisory boards
c. commission meeting agenda
d. commission meeting minutes
2. the unique visitor gets to choose what information they receive -
it's customized, targeted and serves as a tangible link between
constituent and city
4.) CITY'S COMMUNICATIONS PLAN: The city's communications plan concentrates
heavily on ways in which to interact with the media; the subcommittee recommends
expanding the plan to include a requirement that directors funnel more information to the
city's PIO as to what's going on in their respective areas; whether that information flows
through departmental PIO's or directly to the city's top Public Information Officer, we
defer that to the city to decide; but there should be added layers of accountability among
department heads to be providing periodic information to the city's top communications
person. Some information for consideration to be submitted:
a. New technologies coming online
b. New employees being hired with unique backgrounds
c. Examples of ways in which dept. heads are cutting costs
d. New facilities opening
e. Ways in which employees are helping surrounding communities through
volunteering activities
f. New ways in which each of these departments is addressing/combating larger
societal issues such as....
I. Crime
II. New firefighting or crime-fighting technologies/strategies
Ill. Specific: SWAT exercises - great visuals
IV. Training exercises the city may engage in
v. Environmental concerns
VI. Water shortages
VII. Education
VIII. Urban beautification projects
IX. City growth & management
x. Energy conservation
Xl. Anecdotes of the city really helping a member of the community
XII. Specific: Improving animal adoptions at the local animal control - animals
make GREAT stories
xiii. New muni facilities opening - announcements
XIV. Human interest stories - if the story is interesting to you, chances are it
will be interesting to others - need to impart to department heads: DON'T
ASSUME THAT IT'S NOT WORTH SHARING - this is for the Chief
PIO to filter and decide - at the very least provides unique material for
INTERNAL newsletter
5.) UTILIZE NEW TECHNOLOGY
a. The sub-committee recommends launching communications efforts similar to
those of Delray in conjunction with web site redesign launch
b. Members of the sub-committee also recommend expounding on BBTV -18
1. Budgetary constraints: tap into local talent - Dreyfoos School, Boynton
High School, some other magnate
~ focused on communications, local
Palm Beach Community College or
other entity where impending
graduates need real life internships for
better job placement
WHAT THE PEOPLE SAID.
Virtually 100% of the peop Ie we surveyed in our very unscientific survey said in one way or
another that they "had no idea what was going on in the city. "
RECOMMENDA TION
CITYWIDE SATISFACTION SURVEY: The sub-committee recommends hiring a
consulting firm specializing in city satisfaction assessment to find the likes ana dislikes of
constituents. We understand that the commission in years past has collectively rejected this
effort, suggesting they have the finger on the pulse of the community. We politely disagree and
encourage the city to engage in a city satisfaction survey.
A city survey from an outside agency not only culls important data as to where our city
constituents are mentally, it also gives members of the community the sense that the city is
listening IN A BROAD, CITYWIDE SENSE, to their concerns, their needs. Engaging
constituents in this manner validates a person's thoughts, ideas and needs.
This would serve as a great vehicle to identifying areas of improvement communications wise
\vhile giving neighbors a sense that their voice matters.
Additionally, historically nationwide, it's been reported that urban redevelopment is the most
difficult of tasks to achieve, because decisions that are made on a person's behalf that largely are
behind the scenes are now front and center and on their front doorstep. Factor that with possible
budget cuts and subsequent cuts to services, there is perhaps no better time than now to have a
citywide satisfaction survey to itemize services that must stay in place.
Additionally, by holding a survey, gleaning an outsider's perspective on a city's current standing
with its tax base can identify the city's strongest attributes which in turn can become the most
compelling evidence of what the city's message should be.
"BUT WHA T'S MY MOTIY A TION?"
Without a clear explanation of motivation, distrust. disenchantment and disdain can grow where
government and its people are concerned.
This breeds a lack of respect between residents and its city employees, which in turn leads to
increased sick days for city workers, affects morale and eventually leads to apathy all the way
around. Recent media coverage (Boynton: The 'Pay to Play' City) of the city suggests, real or
perceived, that there is flagrant distrust in myriad directions.
There have been fractures in the lines of communication--' There have been
misunderstandings. But as Steven Covey's son writes in his bestselling book. Speed of
Lost Trust, in the chapter, "[{estoring Trust When It lIas Been Lost:' Covey explains:
. Though it can be difficult in most cases. lost trust can be restored. and often
enhanced
. By using the 4 cores and 13 behaviors. you can work to restore trust:
Four Cores:
Ii Congruence
:.'. \ I ntenl ion
') Clpabilllies
:+.) I\,-",ults
J'hirteen Behaviors:
I.) Talk straight
:2.) Demonstrate respect
3.) Create transparency
4.) Right wrongs
~.) Show loyalty
6.) Deliver results
7.) Get belleI'
~.) Confmnt reellit)
l).) C1ari I), expectations
10.) Practice accountability
II.) Listen first
12. ) Keep com m itments
] 3.) Extend trust to others
In conclusion, we want to pay special thanks to our city liaisons, City Risk Manager
Chuck Magazine and Fire Chief Bill Bingham, for their enduring support and expedient
gathering and dissemination of information requested by our members. That information
was invaluable in our generating consensus on these issues and formulating sound
recommendations based upon fact, rather than opinion.
Additionally, the committee believes that by implementing these recommendations for
improving the governance structure, advisory board system and public communications,
the City of Boynton Beach will greatly strengthen its relationship with its residents. It
will be seen as a progressive, open, welcoming community whose residents will want to
become involved - by voting, participating in municipal activities and contributing their
talents - because they know what is going on in their City and want to see it thrive.
Paula Melley, Chairperson
Diane P-acheco, Secretary
John E. McGovern, PhD
AI DeMarco
STATUS UPDATE ON SUB-COMMITTEE ACTION ITEMS THAT HAVE BEEN
OR ARE BEING ADDRESSED BY THE CITY AND CRA
Communication and Governance
. Engage non-partisan group such as League of Women Voters to provide
information on candidates and utilize main congregating areas such as the
library, city hall, etc., to post such information for people to learn more
about the people vying for commission/mayoral posts.
0 The City's Director of Public Affairs is currently working with
the League of Women Voters and the Urban League to host
candidate's forums. The League of Women Voters forum is
scheduled for October 30th and the Urban League forum is
October 24th.
. Hold department heads accountable for funneling information to the head
Public Information Officer.
0 The Director of Public Affairs has created a PIO (Public
Information Officer) Team within the City and all departments
are represented. The PIO Team functions are to gather and
disseminate information to the public via multi-media. It has
been made clear to all department heads that they are directly
responsible for the participation of their PIO's and will be
notified by the City Manager's Office if a change of personnel
is warranted. Participation will also be reflected in the
department head's annual review. Also, a PIO Review Team
is in the process of consolidating all the City's media
resources under its purview to increase timeliness and
efficiency, and the City will be using all our media to cross
promote; Le., advertising BBTV on the website, in FunFare
Magazine, City Visions Newsletter and vice versa.
. Conduct a citywide satisfaction survey.
0 Citywide satisfaction surveys are scheduled for
implementation once the new BoyntonQA software goes live.
One of the contributing criteria for choosing this particular
software is the ability to post and collect survey data online.
BoyntonQA is currently being interfaced with the City's GIS
system.
. Rely more heavily on the web site for better communications and like
other cities, include place to sign up for email updates on upcoming
events, commission meetings, advisory board meeting agendas and
minutes, etc.
0 The City has recently gone live with its upgraded, revised
website. We are currently adding additional information and
features, including a link to Teleworks software that will allow
residents to sign up to automatically receive City publications.
12/12/2007 15:44 5513551945 COURT_ADHIN
V. ADMINISTRATIVE
ITEM A.
John E. McGovern, PhI
/U of 0
~~
December 12,2007
City of Boynton Beach
City Hall
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425
RE: Advisory Board Application
Via FAX: 561-742-6090
To Whom It May Concern:
Even though I have not yet received official notification, I am aware ofthe fact that at the
Commission Meeting of December 3rd, I was appointed to an Alternate position on the
Plarming and Development Board. While I am sure I would make a contribution to the
group, I frankly do not look forward to the status of"altemate."
Given the positive contribution which I believe I could make to the Arts Commission -
especially in light of recent events - I would welcome the opportunity to serve on that
body instead.
Therefore, please consider this as a resignation from the Planning and Development
Board and accept this as my application for the Arts Commission.
In view of the fact that I am also placing my name in nomination for the eRA - should it
be resurrected as an independent body - I enclose my resume which is required for that
application.
Enc: Advisory Board Application
Resume
2620 Spiceberry Lan~ Boyn.ton Beach, FL 33436
Home: 561-736-5568 Office: 561-355.1537 Cell: 561-876-6002
12/12/2807 15:44 5513551945 CIJURT_ADMIN F'AGE 02
. CITY OF BOYNTON BEACH ~rtl'r.Il"'l'/I~\l
. I" ,. II
ADVISORY BOARD APPOINTMENT APPLICATION
Thank you for your interest in serving on a City advisory board and for taking the time to fill out this form.
Please print or type all answers clearly. If interest is expressed in appointment to more than one board, selections must be
prioritized. If instructions are not followed or the application Is not filled out in its entirety, the form will be returned for clarification.
Name I -:::r6 ft'N C. Ac..., Gov~N
Address I ~(,dC> SIl(c.U~ ~
City I trNf7/1.t t~ State IFL . Zip Code I 3-J~~
E-mail Address I ~ttNMf7TFt- (!) ~~. 6o~ , ~...GG.,u(!3){'o. L ..,g~. ;:::<...<.&
)
Current occupation or, if retired, prior occupation I FI.... S 'Tir'ft. Cou~ -b,~O\=- ~u '-'k'n{)A(
Education I fie D
Are you a registered voter? .Yes (' No
Do you reside within the Boynton Beach City limits? eYes ('No
Do you own/manage a business within City limits? (' Yes 4No
if "yes", name of business: I
Are you currently serving on a City board? .Yes ('"No 4L. .., - ~'N(, +- 6E~UJP/11E14
Have you served on a City board in the past? rYes .No
If so, which board(s) and when?1 --....
Have you ever been convicted of a crime? eYes 'No
I I
If so, when? Where? I
Please indicate (by number) to which advisory board(s) you are seeking appointment You may serve on only one board. !
Please do not check more than three boards. PriorItize your choices by number, 1 being the most desired and 3 beIng the least preferable"
For board requirements, responslbllltles and meeting times and datE!s, SE!E! the attached listing.
/ Arts Commission Firefighters' Pension Trust Fund I
- - I
Building Board of Adjustment & Appeals Golf Course Advisory Committee
- - I
Cemetery Board Library Board I
I
- - I
Code Compliance Board Planning & Development Board
- -
c2..- Community Redevelopment Agency. Police Officers' Retirement Trust Fund
-
Community Relations Board Recreation & Parks Board
- -
Education and Youth Advisory Board Senior Advisory Board
- -
Employees' Pension Board Veterans Advisory Commission'"
- -
.. Resume required I
.... list Branch of Military Service or Organization on Reverse Side.
12112/2007 15:44 5513551945 COURT_ADMIN
PAGE 03
What perloJonal qualifications do you possess (Le., profession, previous ex~erience. branch of military service or organization) which
you feel would make you a good candidate for this board? Please be speCIfic.
()~U~ ~E.. v'~ - /-V /~,J . 4v /) e.A-TE.
t::..h <.I c...kn ~
)
First Choice: //l()~ ~
~ 77/E Qd~ ~ 7hU
~ Il,~ V I1~Nr~4,
- -
t:::f) lA."+-' -Z Uj...{ ..,. h/~ "''\e
Second Choice
~"vb LII(:.e- 7>> r~tc!. ta/ 77Jv ~~ ~("-rll
,e Qo~ J n ']'V'1'1k) . fbv~ ~
Third Choice:
Feel free to attach an extra sheet or resume. Return the completed form to:
City Clerk's Office, 100 East Boynton Beach Boulevard, City Hall. Mailing address: P.O. Box 310, Boynton Beach. FL 33425-0310
FAX to: (561) 742-6090
It will be placed In the City's Talent Bank, a file to which Commissioners may turn for candidates when board openings occur.
I hereby certify that the statements and answers provided herein are true and accurate. I understand that, If appointed, any false
statements may be cause for removal from a board.
Signature: Date: 0/-07
V. ADMINISTRATIVE
APPLICANT ELIGIBLE FOR APPOINTMENT 1/2/t ITEM B.
Last Name First Name 1 st Choice 2nd Choice 3rd Choice
Dwork Jonathan Planning & Dev. Bd.
N orfus Victor Planning & Dev Bd.
1
VI.-CONSENT AGENDA
ITEM B.l.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D December 18,2007 December 3,2007 (Noon) D February 19, 2008 February 4, 2008 (Noon)
r8J January 2,2008 December 17,2007 (Noon) D March 4, 2008 February 19,2008 (Noon)
D January 15,2008 December 31,2007 (Noon) D March 18,2008 March 3, 2008 (Noon)
D February 5, 2008 January 14,2008 (Noon) D April 1, 2008 March 17,2008 (Noon)
D AnnouncementslPresentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM r8J Consent Agenda D Legal
D Code Compliance & Legal Settlements D UnfInished Business
D Public Hearing D
RECOMMENDATION: Motion to approve the piggy back of Bid# 97-174W from Seacoast Utility Authority (Palm
Beach Gardens, Florida) for the purchase of Sensus "Remote Touch-Read" water meters for our Utility department
from Sensus Metering Systems, Inc. for the estimated annual expenditure of $600,000.00.
EXPLANATION: The Utilities Department has been installing Sensus "Remote Touch Read" hand held water meters
over the past several years through Sensus Metering Systems, Inc. by piggy-backing the bid from Seacoast Utilities
(Palm Beach Gardens) for "Remote Touch Read" hand held meters. Currently, the City has many of the meters,
hand held devices and/or accessories, such as registers, batteries, and cabling, which must be replaced from Sensus
Metering Systems Inc. in order to be compatible with existing equipment due to wear and tear on the equipment! as
well as new connects. The Utilities Department uses Sensus Water Meters exclusively.
o ".j
-....J ~ '"
PROGRAM IMP ACT: The purpose of this bid is to establish an annual fixed price for the purchasecnf "Remote
Touch Read" Meters used by the Utilities Department for new installations and as part of the improvem~ includ~d
in our water main replacement programs. These meters have improved Utility Department customeJOoooService.'by
providing increased accuracy and reliability. f'V _
-0
FISCAL IMPACT: 502-0000-141-0100 Warehouse Inventory $600,000.00 _
f'V ;
Last. Year's Expen~iture: $300,000.00. Increase this year is due to battery and register exchanges perfor"5 by,.~~t:er
services. _ !.
equipment at a slower rate; this c ld result in additional manpower and
"
City Manager's Signature
Assistant to City Manager .' r
!/-r-<;:l~~ I \
-/ " . _..~
t i \2"\) c ','J"~l' 1----
City Attorney / Finance '-J
The City of
Boynton Beach
Finance Department ~ECE,I\JED
WAREHOUSE DIVISION
DEe ,n 2007
~._~jlGE~
_.--_._~.,<._~.--
TO: Carol Doppler, Purchasing Agent
FROM: Michael Dauta, Warehouse Manager
DATE: December 10, 2007
SUBJECT: Purchase of Water Meters and Accessories
Please go to commission for the approval to purchase Sensus Water Meter
and Accessories from Sensus Metering. This will be purchased off of the
Seacoast Utility bid. Estimated expenditures for fiscal year 07/08 win be
$600,000. The increase is due to the battery and register exchanges
performed by meter services. Sensus is also a sole source. Please see the
attached documentation.
] 2/1 0/2007 10:36 AM
~seNSUS
:::,t' METERING SYSTEMS
December 4, 2007
Carol Doppler
City of Boynton Beach
124 Southeast 15th Avenue
Boynton Beach, Florida 33435
RE: PRICING
Dear Ms. Doppler:
Sensus Metering Systems is pleased to provide an extension of meter pricing as shown on
the attachment until May 31,2008. These prices are the same as those in place for the
Seacoast Utilities bid you have previously used for purchases. .
We trust you will find this acceptable. We look forward to serving the City of Boynton Beach
with metering products during this period.
Yours truly,
Enclosure
cc: D. Nimtz
1501 Ardmore Blvd. 6th Floor, Pittsburgh, PA 15221 USA
Page 1
~SeNSUS QUOTATION
~ METERING SYSTEMS Your Quote Number: 10497
Reference: SEACOAST
1501 Ardmore Boulevard
6th Floor
Plllsburgh Pennsylvania 15221 USA
TOLL FREE HOTLINE
1-80o-NETER.rr
1-BOlHl3B-3748
Bill to Customer: 084060 Ship to Customer:
ATTENTION WANEYA BRYANT & DOMONIC DEMAURO
BOYNTON BEACH CITY OF BOYNTON BEACH CITY OF
PURCHASING DEPARTMENT PO BOX 310
PO BOX 310 PURCHASING DEPARTMENT
BOYNTON BEACH FL 33425-0310 USA BOYNTON BEACH FL 33425-0310
Salesman: OPEN Effective Date: 11/01/07
Terms: NET 30 DAYS Expiration Date: 5/31/08
US Dollar
Line Description Quantity U/M Unit Price
1 Part#: 4765696471901A 1 EA 75.000
METER 5/8 X 3/4" PMM TRPL
1000 GALLON, 4 WHEEL 5A
BRONZE BOTTOM
BROWN PLASTIC BONNET
W/6' WIRE, SENSOR & HOUSING
EPOXY COATING
2 part#: 7765696471902A 1 EA 80.520
METER 5/8 X 3/4" PMM, TRPL
1000 GALLON, 4 WHEEL 5A
BRONZE BOTTOM
PURPLE PLASTIC BONNET
W/6' WIRE, SENSOR & HOUSING
RECLAIM NO DRINK
3 Part#: 4755696471902A 1 EA 79.500
METER-C 5/8 X 3/4" SRII TRPL
1000 GALLON, 4 WHEEL 5A, P/DP
BRONZE BOTTOM, BRONZE BONNET
W/6' WIRE, SENSOR & HOUSING
EPOXY COATING
4 Part#: 5755696471816A 1 EA 81.500
METER 5/8 X 3/4" SRII TRPL
1000 GALLON, 4 WHEEL 5A, P/DP
BRONZE BOTTOM
PURPLE PLASTIC BONNET
W/6' SENSOR & PURPLE HOUSING
RECLAIM, NO DRINK
This Quotation is an offer to 181I wht:h hcI~des and is ujecl to the Sensus Metering Systems
TOI1ll$ of Sale aveJlable to[ vIIlwi1g III'Id do'rwnloedlng lit http://www.~.oom/lc
Please ooriaCt Customer SelVice at HlOO<<38-3748 If you are unable 10 &CCess1h1s site and require a printed CWI of the Terms of Sale
Page 2
~SeNSUS QUOTATION
~ METERING SYSTEMS Your Quote Number: 10497
1501 Ardmore Boulevard US Dollar
6th Floor
PllIsburgh Pennsylvania 15221 USA
TOLL FREE HOTLINE
1-800-METER-rr
1-8llO-63IJ..3741
Line Description Quantity U/M Unit Price
5 Part#: 4756596471907A 1 EA 97.100
MTR-C 3/4S SRII TRPL 1000G PDP
BTM/BZ 4WHL5A 6'SPK EPXY ICE
BNT/BRZ W/TPRPRF 7.5LL
6 Part#: 5756596471905A 1 EA 99.570
MTR 3/4S SRII TRPL 1000G NDK
BTM/BZ 4 WHL SA 6'SPK ICE
BNT/PUR P/DP RECLM 7.5LL
7 Part#: 4750896471902A 1 EA 119.000
METER-C 1" SRII TRPL
1000 GALLON, 4 WHEEL SA, P/DP
BRONZE BOTTOM, BRONZE BONNET
W/20' WIRE, SENSOR & HOUSING
EPOXY COATING
8 Part#: 5750896471921A 1 EA 121.500
METER 1" SRII TRPL
1000 GALLON, 4 WHEEL SA, P/DP
BRONZE BOTTOM
PURPLE PLASTIC BONNET
W/20' SENSOR & PURPLE HOUSING
RECLAIM, NO DRINK
9 Part#: 4085696471903A 1 EA 81.250
METER-C 5/8 X 3/4 SR TRPL
1000 GALLON, 4 WHEEL SA
ROCKSYN CHAMBER
BRONZE BOTTOM
W/6' WIRE, SENSOR & HOUSING
EPOXY COATING
10 Part#: 4080896471903A 1 EA 122.500
METER-C 1" SR TRPL
1000 GALLON, 4 WHEEL SA
ROCKSYN CHAMBER
BRONZE BOTTOM
W/20' WIRE, SENSOR & HOUSING
EPOXY COATING
This Quotation 18 an oller to 181I which hcIl1dea and Is sWJjec:llD the Sensus Metering S)'8tem8
Torma of Sale avaJleble for: vIIlwhg III1d clQwnloedng II hIlp:llwww.eeneue.oomllo
Please COIiBCtCuslomer SeIvice 1II1.:e0063&-3748 If you In UI'IIbIe to lICC8I81h1s BIts and reqUnla printed copy of the Tllrma orSakt
Page 3
~ SeNSUS QUOTATION
~ METERING SYSTEMS Your Quote Number: 10497
1501 Ardmore Boulevard US Dollar
6th Floor
PltlSburgh Pennsylvania 15221 USA
TOLL FREE HOTLINE
, -80ll-METER-rr
1-800-638-3741
Line Description Quantity U/M Unit Price
11 Part#: 4081090471926B 1 EA 252.410
METER-C 1-1/2"SR TRPL
1000 GALLON, 4 WHEEL 5B
ROCKSYN CHAMBER, FLANGED ENDS
W/20' WIRE, SENSOR & HOUSING
EPOXY COATING
12 Part#: 4081290471925B 1 EA 325.000
METER-C 2" SR TRPL
1000 GALLON, 4 WHEEL 5B
ROCKSYN CHAMBER, FLANGED ENDS
W/20' WIRE, SENSOR & HOUSING
EPOXY COATING
13 Part#: 002 1 EA 55.690
SR & SRII TR/PL
CONVERSION KIT
14 part#: 031 1 EA 52.670
SR/SRII TR/PL CONVERSION KIT
REGISTER ONLY, L/HOUSING
15 Part#: RTN-58PD 1 EA 3.000-
TRADE ALLOWANCE
5/8" METER
16 Part#: RTN-1PD 1 EA 6.000-
TRADE ALLOWANCE
1" METER
17 Part#: RTN-15PD 1 EA 12.000-
TRADE ALLOWANCE
1-1/2" METER
18 part#: RTN-2PD 1 EA 20.000-
TRADE ALLOWANCE
2" METER
19 Part#: 5390753720001 1 EA 33.950
MULTIREAD MODULE 2 CHANNEL
910-0008559
This Quotation is an offlll' to seD which i1cIudes and Is sWjecl Ie the Sensus Netlll'lng Systems
Torma of Sale avellab1e 101: viIlwi1g IIIlC1 dQrmloadlng III ~:IIw'IIw.eon8U'.DOrn/IO
Please cormctCUslomer SeIVice at 1.:e00.638-37481f you are unable to acceBS 1I11s site and requlJe a printed CCfJY of the Terms ofSal.
Page 4
~SeNSUS QUOTATION
::::/ METERING SYSTEMS Your Quote Number: 10497
1501 Ardmore Boulevard US Dollar
6th Roor
PltlSburgh Pennsylvania 15221 USA
TOLL fREE HOTLINE
1-8OO-NETER-rr
1-8OCHl3B-3741 U/M
Line Description Quantity Unit Price
20 Part#: 5390753740001 1 EA 51.060
MULTIREAD MODULE 4 CHANNEL
910-0008560
21 Part#: 5390753780001 1 EA 71.400
MULTIREAD MODULE 8 CHANNEL
910-0008561
22 part#: 5380020000003 1 EA 167.120
REGISTER TESTER SR
ILL 32
23 Part#: 5380220000014 1 EA 15.140
SPANNER WRENCH
ILL 26
, 24 part#: 5395406039002 1 EA 3.560
MXU BRACKET - TAN
ILL 53 AMR ACCESSORIES
25 Part#: 0001000101268 5,000 EA .110
GEL CAP
ILL 55 AMR ACCESSORIES
26 Part#: 5396153752001T 1 EA 128.000
MXU 520R TRANSC UNIT
1 PORT, TOUCHCOUPLER
PIT VERSION, 956 FREQUENCY
27 Part#: 5396153752003T 1 EA 135.000
MXU 520R TRANSC UNIT
2 PORT TOUCHCOUPLER
PIT VERSION, 956 FREQUENCY
28 Part#: 5396135252002 1 EA 8.000
TOUCHREAD EXTENSION CABLE 31
FOR M520R
FULL FREIGHT ALLOWED.
FOB DESTINATION.
-
FAX 561-742-6478 & FAX 561-742-6295
-
This QuotaIIon 18 an offer !Xl 180 wht:h hcIudu and Is sWJject 1D the Sensl/8 Metering Syatems
Tenna of Sale IVIlIlIbIlI for vIIIwiIg lInd do'Imloadlng lilt Nlp:llwww.eneue.oomllc
Please cortactCUstnmer SeIvice 811.:e0<J.63&.3748 If you In unebIe 10 lICC8881h1s sIIB and reqUnt a printed c:q)y of 1he Terms of Sale
Page 5
~SeNSUS QUOTATION
::-; METERING SYSTEMS Your Quote Number: 10497
1501 Ardmore Boulevard US Dollar
6lh Floor
PllISburgh Pennsylvania 15221 USA
TOLL FREt! HOnlNE
1-800-NETER-rr
1-800-6311-3741
Line Description Quantity U/M Unit Price
EXCHANGE MXU UNIT PRICES SINGLE PORT $80.00 AND
DUAL PORT $95.00.
-
ATTENTION LES
FAX 561-742-6299
IF MODIFICATIONS IN METER MATERIALS OR PROCESSING ARE REQUIRED TO MEET
NEW REGULATIONS, THE PRICING SUBMITTED IS SUBJECT TO IMMEDIATE CHANGE
Thank you for your interest in quality products by Sensus Metering Systems
Current as of: 12/04/07
Correspondence: Purchase Orders:
SENSUS METERING SYSTEMS SENSUS METERING SYSTEMS
FRED RUSSELL PO BOX 487
7202 POLSTON COURT UNIONTOWN, PA 15401
FAIRVIEW, TN 37602
PHONE: 800-METER-IT
800-638-3748
FRED L. RUSSELL, Regional Sales Manager
This Quotation Is an offer to 180 wht:h ilcllldes and Is sl.tJject Ie the Sensus Metering Systems
Torma of Sale avalllb1e for vlewi1g and dll'Mllolldlng lit hItp:llwww.eentUI.oom/kl
Please contacI Customer Setvice at 1;;eoo~48 It you l1I9 unable 10 8CC8ll81hls sltB and reqUI8 8 printed cqly of the Terms of Sale
VI.-CONSENT AGENDA
CITY OF BOYNTON BEACH ITEM B.2
AGENDA ITEM REQUEST FOR.l._
Requested City Commission Date Final Fom1 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 December 18,2007 December 3, 2007 (Noon) 0 February] 9, 2008 February 4, 2008 (Noon)
[gJ January 2, 2008 December 17,2007 (Noon) 0 March 4, 2008 February 19,2008 (Noon)
o January 15, 2008 December 31, 2007 (Noon) o March] 8,2008 March 3, 2008 (Noon!::. ...\
/
_.~
.~_.- ,
0 February 5. 2008 January 14,2008 (Noon) o April 1, 2008 March 17, 2008 (Noo~ ")
(J ':,:0
-
.r;:-
0 Announcements/Presentations 0 City Manager's Report .""'~-
~. ......J,
-0 ' ;.
NATURE OF 0 Administrative 0 New Business -'",.
-'~ ,-
AGENDA ITEM [gJ Consent Agenda 0 Legal N ,--"
.'
C)
0 Code Compliance & Legal Settlements 0 Unfinished Business -l ,:-')
0 Public Hearing 0
RECOMMENDATION: A motion to award the "ANNUAL SUPPLY OF SULFURIC ACID" Bid #011-2821-08/JA, to
Shrieve Chemical Company, of Woodland Texas, for an estimated annual expenditure of $285,000.00.
EXPLANATION: On November 13,2007, Procurement Services opened and tabulated two (2) bids. The bids were
reviewed by the Utilities Department and it was determined that Shrieve Chemical of Woodland Texas, was the
lowest, most responsive, most responsible bidder who met all specifications. Kofi Boateng, Utilities Director, concurs
with this recommendation (see attached memo #07-144).
The provisions of this bid award will allow for a one (1) year extension at the same terms, conditions, and prices
subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of
the City.
PROGRAM IMP ACT: The purpose of this bid is to obtain a firm price for a one (1) year period for the purchase of
sulfuric acid. The West Water Treatment Plant uses 93% sulfuric acid to lower PH of the feed water to prevent
calcium carbonate (CaC03) from precipitating onto the membrane surface during the water treatment process. The
West Water Treatment Plant anticipates using 5,000,000 pounds per one (1) year period.
FISCAL IMP ACT: BUDGET ACCOUNT NUMBER: BUDGETED AMOUNT:
401-2811-536-52-35 $160,000.00
ALTERNATIVES: The only alternative would be to use 98% sulfuric acid blend which has a negative effect on the
acid feed system. ~
2006-2007 Expenditure: $113,454.78
Department Head's Signature City Manager's Signature
-6~q Assistant to City Manager
City Attorney / Finance
cu ment Serv ces
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
Memorandum
Utilities # 07-144
To: Bobby Jenkins
Assistant Director of Financial Services
From: Kofi Boateng ~ ,'r )r-t f)-
Utilities Director
Date: December 4, 2007
Subject: Sulfuric Acid (93%)
Bid Number 011-2821-08/JA
Sulfuric Acid is used at the West Water Treatment Plants to lower the pH
of the feed water to prevent calcium carbonate (CaC03) from precipitating on to
the membrane surface during the treatment process.
The current bid to purchase sulfuric acid is with Sulfuric Acid Trading Company
(SA TCO) this bid has expired and can not be extended.
Financial Services accepted bids (Bid # 011-2821-08/JA) for the purchase of
sulfuric acid on November 13th, 2007. Reviewing the bids the lowest bidder is
Shrieve Chemical Company.
We recommend awarding the sulfuric acid bid to Shrieve Chemical Company
with the anticipated approximate annual usage of 5,000,000 pounds of 93%
sulfuric acid for the total anticipated purchase of $285,000.00 dollars. We have
had good service with Shrieve Chemical Company in the past and their product
has worked as expected.
Please place this item on the next city commission agenda to approve the bid for
$285,000.00 dollars for sulfuric acid to Shrieve Chemical Company. These funds
are available in account number 401-2811-536-52-35 in the 2007/2008 budget.
If you have any questions, please contact Michael Low at 742-6403 or Dave
Ailstock at 742-6953.
Attachments
bc: Dave Ailstock
fisc xc: Michael Low \M1..S-~\~\-:F\
/~. '1.r} Barbara Conboy ,
File
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SPECIFICA TIONS
FOR
"ANNUAL SUPPLY OF SULFURIC ACID"
The City of Boynton Beach Utilities Department is seeking a firm price per pound for one
(I) year for the purchase of Sulfuric Acid to be used at the West Water Treatment Plant,
located at: 5469 W. Boynton Beach Boulevard, Boynton Beach, Florida.
Please place an (x) on the blank line next to each item if a specification is met. If
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. For your own records, it is suggested that you make and keep a
copy of the specifications.
L Acceptable Standard: 93% Grade Sulfuric Acid
--i-- Sulfuric Acid will be shipped as Liquid Sulfuric Acid
f Delivery will be a twenty three (23) ton minimum load (3,000 gallons)
f Total anticipated annual volume (not guaranteed) is 5,000,000 lbs
(350,000 gallons)
--1.- The bidder must submit a certificate of compliance and a certified
analysis, as to the composition of the product with the bid.
L The successful bidder's shipper is responsible for matching our
receiving tank equipment with the proper tank truck discharge system
l The successful bidder must supply M.S.D.S. (Material Safety Data
Sheets) on the product, and also supply a training safety DVD on
Sulfuric Acid
~ The successful bidder will provide a representative to visit the plant, a
minimum of two (2) times per year to coordinate shipping, safety,
unloading, and to inspect the results ofthe product on the feed system
3
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
l The successful bidder will supply copies of the manufacturer's shipping
and handling safety procedures.
f Deliveries will be between the business hours of 7:00 A.M. and 3:00
P.M., Monday through Friday with the exception of Holidays. F.O.B.
Boynton Beach, Florida
~ The City's Laboratory may randomly sample product delivery and if
material does not meet specification(s), the product will be rejected and
may be returned to the manufacturer at no cost to the City of Boynton
Beach
l Sulfuric Acid (Liquid) 93% Grade Specifications, as specified in chart
below
SULFURIC ACID
93% GRADE
SPECIFICA nON
SPECIFIC GRA VITY @ 60' F 1.835
FREEZING POINT -290 F
ARSENIC (As) <0.02 PPM
AMMONIA <0.01 PPM
ANTIMONY (Bb) <0.5 PPM
BARIUM (Ba) <0.4 PPM
CADIUM (Cd) <.025 PPM
CHROMIUM (Cr) <.33 PPM
CHLORIDE <0.2 PPM
COPPER (Cu) <0.07 PPM
HARDNESS AS CaC03 <5 PPM
IRON (Fe) <18 PPM
LEAD (Pb) <0.2 PPM
MANGANESE (Mn) <0.2 PPM
MERCURY (Hg) <0.002PPM
NICKEL (Nl) <0.18 PPM
NITRATES <5 PPM
SELENIUM (Se) <0.01 PPM
SILVER (Ag) <0.05 PPM
4
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPT ABLE
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
Broadcast Date (City): OCTOBER 11, 2007
Bid Title: "ANNUAL SUPPLY OF SULFURIC ACID"
Bid Number: 011-2821-08/JA
Bid Received By: NOVEMBER 13, 2007, 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: November 13, 2007, no later than 2:30 P.M. (local 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: .jhr\ e-Ve ChemlCGJ Ccmpany
Federall.D. Number: 1y--\QQ4Sc,!
A Corporation of the State of: Te'f--Qj
Area Code: 261 Telephone Number: 301- q220J
Area Code: 28\ F AX Number: 2- (1 Z. ~ ZOILj
Mailing Address: Il55 Wood~tecLd C OL)(-r
V'J ocxi land j Ty:, , "
City/State/Zip: The l13t;C-~
Vendor Mailing Date: ~1Q1 ru~
I
-
Authorized Signature
Ted lhrcCLd C)I \\
Name Typed
14
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL
PROPOSAL BLANK
BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA
To All Bidders: Date: f/JqJo1
I 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 called for.
When submitting 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.
Anticipated annual volume is 5,000.000 pounds per year
Product Brand: Sulfuric Acid - 93 % Grade Liquid
The undersigned proposes to deliver the product/service in accordance with the specifications for
the sum of for:
SULFURIC ACID:
$ 0051
Unit Price Per Pound / 93%
ALL PRICES F.O.B. BOYNTON BEACH
Unit price per pound shall be firm through the contract period.
It is further agreed that the product will be delivered within l calendar days from the date of
the Purchase Order from the City
Number of Bid Proposal prices submitted I
Specification "check-off' sheets (Pages 3-4) submitted ~s72
Certificate of Compliance Enclosed ~
Y es/N 0
]5
THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
Certified Analysis of Product Composition "Ie)
Enclosed ~N~
~h(leve ChemiCal
COMPANY NAME
Ted \ hv-eCld <j\ II
PRINTED NAME
( 161 ) 3(01- y22(P e)l\jlne~~ .~la.nQ~e( - ju\f,uV' Ie ACtd
TELEPHONE NUMBER TITLE
16
THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
ANTI-KICKBACK AFFIDAVIT
STATE OF FLORIDA )
: SS
COUNTY OF PALM BEACH )
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 City 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: U~
NAME - SIGNATURE
Sworn a~bSCribed before mn
this day of OJ~ ,20 () ~
Printed Information:
Ted Th(eQd~i II
NAME
GL\j'ne~'j AlanQ::lr -8uliuriC Acfd
TITLE
~ ~
NOTARY PUBLIC, State of Florida ohrteVe Chemical ~omp:tny
at Large
- - - - - - COMPANY
'. -~
...., PIIIIIc . .... 01 FlorIiIa
· ..,-all hlllll........2Ot1
Cl . 111ft I DO nuts
j .........................
-
"OFFICIAL NOTARY SEAL" STAMP
17
THIS PAGE TO BE SUBMITTED ALONG WITH 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.
Is your company a Minority Owned Business? ~o
Yes
If Yes, please indicate by an "X" in the appropriate box:
( ) AMERICAN INDIAN
( ) ASIAN
( ) BLACK
( ) HISPANIC
( ) WOMEN
( ) OTHER
(specify)
( ) NOT APPLICABLE
Do you possess a Certification qualifying your business as a Minority Owned Business?
YES - NoL
If YES, Name the Organization from which this certification was obtained and date:
Issuing Organization for Certification
Date of Certification
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL
MOB - 1
Revised 02/22/05
IX
CONFIRMATION OF DRUG-FREE WORKPLACE
Preference shall be given to businesses with drug-free workplace programs. Whenever two or
more bids which are equal with respect to price, quality, and service are received by the City of
Boynton Beach or by any political subdivision for the procurement of commodities or contractual
services, a bid received from a business that certifies that it has implemented a drug-free
workplace program shall be given preference in the award process. Established procedures for
processing tie bids will be followed if none of the tied vendors have a drug-free workplace
program. In order to have a drug-free workplace program, a business shall:
1) Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, 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) Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for
drug abuse violations.
3) Give each 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 (1), notify the employee that, as a condition of
working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or plea
of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance
law of the United States or any state, for a violation occurring in the workplace no later than
five (5) days after such conviction.
5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation 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 drug-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. Q&~
Vendor's Signature
19
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
Shrieve Chemical Company
SOUTHEAST REGION OFFICE CORPORATE OFFICE
P. O. Box 3 I 2 (33882-03 I 2)
2525 Dundee Road 1755 Woodstead Court
Winter Haven, FL 33884 The Woodlands. TX 77380
(800) 367-4226 (281) 367-4226
FAX: (863) 324-2128 FAX: (281) 292-2014
TED THREADGILL
Business Manager-Sulfuric Acid
City of Boynton Beach
Utilities Department
5469 W Boynton Beach Blvd,
Boynton Beach, Florida
November 9, 2007
RE: CERTIFICATE OF COMPLIANCE
To Whom It May Concern:
Shrieve Chemical Company certifies that the product we
propose to supply to The City of Boynton Beach (attached)
complies with Boynton Beach's sulfuric acid specifications
in Bid Number 011-2821-08/JA "Annual Supply of Sulfuric Acid".
Regards,
01
Ted Threadgill
MosaicN
~~
8813 Highway 41 South - Riverview, Florida 33569
Telephone 813-677-91 I I - Telex 52666
FAX - Accounting 813-6716283
SULFURIC ACID
TYPICAL AVERAGE PRODUCTION SPECIFICATIONS
Sulfuric Acid (H2SO4) 93.0 - 99.0%
Iron (Fe) < 20 ppm
Reducing Substances as S02 <20 ppm
Nitrates as N03 <10 ppm
Chlorides as CI < 5 ppm
Ammonium as NH4 + < 1 ppm
Heavy Metals as Pb < 1 ppm
Aluminum (AI) < 0.5 ppm
Antimony (Sb) < 0.5 ppm
Arsenic (As) < 1.0 ppm
Cadmium (Cd) < 0.5 ppm
Chromium (Cr) < 1 ppm
Copper (Cu) < 0.5 ppm
Lead (Pb) < 1 ppm
Manganese (Mn) < 0.5 ppm
Mercury (Hg) < 20 ppb
Nickel (Ni) < 0.5 ppm
Platinum (Pt) < 0.5 ppm
Potassium (K) < 1 ppm
Selenium (Se) < 0.5 ppm
Zinc (Zn) < 0.5 ppm
Fixed Residue 110 ppm
Organic Matter < 10 ppm
Color 30
Turbidity (NTU) <1
2007/12;10 Mon 14:22 Shri~ve Chemical Company 2812922014 10: #8108 Page 2 of 10
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SECTION I PRODUCT AND COMPANY INFORMATION -;
TRADE NAME' I Sulfuric ACid Concentrated (98Cfo & 93%\ h:lSC4 -J
CHEMICAL NAME I Sulfuric Acid :
.-------------{
CAS NUMBER: I 7664-93-9 I
--4---- --.-----.-~-.-_...- ---'-~-'-" --..-.....
CHEMICAl.. FAMILY I I.norganic Acids ______J
SYNONYMS: I Oil of Vltnol, Battery Acid, Sulphuric aCid ____. I
PRIMARY USE ! Used in manufacture of crop nutrients ____________.:J
I MOSAIC i
I
COMPANY i 8813 U,S, "Ighway 41 Soutr I
I~FORMATION i ~Ivervlew, Flonca 33569 I
i www mosalccocor" '
-=-=: I 306-345-8400, 8 AM to 5 PM Central Time IJS.
EMERGENCY I C"EMTREC ~--80C-424-9300 --------------
TELE?HONE ' '
f-:-" SECTION II ~ -- _HAZARD IDENTIFICATION ----n--~--=-~--i
EMERGENCY I ' Corrosive May cause severe burns, -larmful 1'-1
OVERVIEW i swallowed. Keep contame: tighti" closed Use !
I ventilatio" adequate to keep exp'osures belOW i
"ealth Hazards iecommenoed limits. Do not breathe mist :J::: not I
!;jet in eyes, on skin, or on clothing Do IlOt taste I
or swallow Wash thOroughly after hanJling Wear i
approoriate personal protective e.9.~en~__J
I Highly reactive and capable of ignitln;) finely , '
I Ph s' 1Hz rd ' divided combustible r~aterials on contact Reacts
, y Ica . a as. I t ith t d ' t' I ' h
via en ')' w wa er an organiC ma erla s Wit,
II . evolution of r",eat. Avoid contact \I\flth w.?.lei:...__
. Physical ;:orm' 'jlscous liquid
Ie Appearance [ Colorless to brown, Oily I:quid __
: Odor , POSSible sulfur odor
I '----~--------------".-- - --------- ----.------------
i TOXicity TOXIC
I' NFPA HAZARD CLASS 1 l HMIS HAZARD CLASS ! ---- ._-
, l----i
Health e----~.-J I Health, ::; i
I Flammability O' ~l1T11abilitYI 0
I I Instabillt :2 I Physical 3
I ~y Hazard .~
i Water' '
I SpeCial ciazard R ct I PPE Section 8 :
L _~ea Ive_---l '
I
~ POTENTIAL HEALTH ---r Eye: Corrosive, contact may cause severe nitatlon .~
I E::-FECTS eye burns, and permanent eye dama~____j
I I Skin: Corrosive, Contact may cause severe irritatlo- :
I sk.ln burns, and permanent skll damage I
i nadequate info-mation regarding si<i-
I absorption however corrosivity of malenal
I suggests significant skin absorp:lo;; will occur
Status Revised 1 C/3/06 Issue Date May 5, 2006
Sectlon(s) ReVised Disclaimer MSDS # MOS 76640506 2
2007/12110 Mon 14:22 Shriave Chemical Company 2812922014 ID: #8108 Page 3 of 10
~"
I I Inhalation (Breathing): Corrosive and toxic. May be harmful or fatai if
I
I ,nhaled. Mal cause severe irritation and b~rns
of the nose, throat, ane respiratory tract.
::xcesslve irritation of the lungs rray cause aoute
pneumonitis and p'Jlmonary edema, which CJuid
I be fatal. Chemical pneumonitis and pulmonary
I edema may result from exposure to the lower
I respiratory tract and deep lung
! Ingestion (Swallowing) I Corrosive and toxic. Harmful if swallowed.
I . Ingestion may cause severe irritation ane burns
i I to the aastroi'itestlnal tract
I I Signs and Symptoms: -i Effects of overexposure may :nclude severe
I I Irritation and burns of the nose and throat and
,
I I . digestive tract, coughing, nausea, vomiting,
i i abdominal pain, chest pain pneumonitis
1 I (inflammation of the lun~
Cancer: , The International Agency for Research for
Cancer ("IARC") Monographs on the Evaluation
I of Carcinogen risk to Humans at 1 06 (VOl 54,
1992) lists strong inorganic acid mists containing
sulfuric acie as a suspected carCinogen. The
Nationa! Toxicology Program CNTplI) lists strong
Inorganic aCid mists containing sulfuric acid as a
, Known carcinogen in the 9th Report on
i
i Carcinogens (9th RoC, May 15 2000) This
,
i applies to inorganic acid mists containing sulfuric
I acid and does not apply to sulfuric aCid or
sulfuric acid solutions
! Target Organs: Skin, mucous membranes, gastromtestlnal tract,
I 1 lungs, eves, teeth
I Developmental: I Inadequate data available
1 ,
!
I Other Comments: i f\Jone
I Pre-Existing Medical i Conditions aggravated by exposure may inClude
I Conditions: i skin and resDiratorv (asthma-!ike) disorders.
POTENTIAL I
i
ENV,RONMENTAL I Sulfuric aCid is toxic to aquatic life at moderate concentrations
,
EFFECTS ~ COMPOSITION
SECTION III I INFORMATION ON INGREDIENTS I
!
FOF~MULA: _! H2SO4
COMPOSITiON I Sulfuric Acid ---
~ 930-980%
- i . Water U-l20) 2.0 - 7.0% ---.--1
----r -
SECTION IV FIRST AID MEASURES I
F,RST AID I - -i
I Eyes Immediately flush with plenty af w'ater for at least I
PROCEDURES: 15 minutes Get medical attention Immediate~1 ,
Stetus Revised 10/3/06 Issue Date May 5 2006
Section(s) Revised Disclaimer MSDS # MOS 76640506.2
2007/12/10 Man 14:22 Shrieve Chemical Company 2812922014 ID: #8108 Page 40'1 1C
~"
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.'(lilhIii~!tr.,
-, -"';"!;!'''::.:'Ti~Vi'
m'Tlediate!y flus" with plent'{ of water Remove . ~
contaminated clothing. Discard contaminated i
clothing properly. If skin surface IS damaged '
ap~ly a clean dressing and seek immediate I
Ski n lledical attention If skin surface is nOl d;: mageci
I cleanse the affected area(s) thoroughy by i
I washing with mild soa;:) and water. If irritation 01" I
redness develops, seek immediate medical I
attention ____---1
=>rompt medical attention is ma1datory 'n all
cases of over exposure. Rescue personne
1 should be eq'...lipped With positive pressure self.
I contained breat!"iing apparatus Consclo,,;s
persons shOwld be assisted to ar-: uncontarinated
area and Inhale fresh air. Uncor,Sclous :Jersons
should be moved to an uncontomlnateo area, ard
given assisted (artificial) respiration. ;f breathing
'nhaled: s difficult and med!cal oxygen and aporopnate:y
I, :rained personnel are available administer 10Jo/~
cxygen to affected person. Keep victirr WaitT1
. ane quiet Monitor breathing and pulse
II continuously. Assure that mucous or vomited
-naterlal does not obstruct the airway oy
I oositiora: drainage Delayed pulmonary ecema
I cna'l occur. Keep patient under medcal
I observation for at least 24 hours. .
! :f exposed person is conscious, Immediately give ..,
I :T1i1k or water (4-8 ounces) to dilute. Jo net 'nduce ,
! ingestion vomiting. !f exposed person loses consciousness. :
~_ assure airway is open and there IS adequate
. . oxygenation Seek medical attention Immediatel)' I
! This material is corrosive and may cause aCid bums, incluoing gastroesophageal
! ::Jerforation Late complications of severe acid burns Include pulmonary edecn3
NOTE TC PHYSiCINJ i esophageal, gastric or py'orc strictures ana stenosis Following exposure to
, nigh cO:lcentratlors of sulfUriC acid, ><eep patient under medical obEiervatior f;:)r
____ at least 24 hours ______ _~
f-_~ECTION 'L----i-- FIRE FIGHTING MEASURES ______ . __:
i ~Iash POint Not applicable
I . ' OSHA Flammability Class . Not applic.able
Flammable Properties: .0 ---
LEUUEL: i Not applicable
, /',uto.lg'1ition Temperature Not apolicable
~------ 'Water spray ma~' be used to keep fire-exposed containers cool Use ::;ar-';--
I I:::eca:..:se water applied directly :0 ac'd results in the eVolution of heat and ::;a.Jses
, spla~tenng
Extinguishing Media: Small fires Wate' sorav, ory enemleal or CO2
i :"'a'ge fires. Water spray ory crelT'icai 0' CO2
t
I
L- -----------
Status Revised 1J/3/06 Issue Date May 5.2006
Section(s) Revised Disclaimer MSDS #. MOS 766405Q6.2
2007/12110 Mon 14;22 Shrieve Chemical Company 2812922014 !D: #8108 Page 5 of 10
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. I Sulfuric aCid is a strong oxidant and in contact with some o'gal;ic matene's may I
~~~ect~n 0: I cause fires and expioslons. Sulfuric acid will react witti water or steam, and may I
If 9 fS. I generate hydrogen gas when in contact with some metals I
SECTION VI ~ ACCIDENTAL RELEASE MEASURES -~1
RESPONSE -!. Evacuate all personnelfrom affected area. Note: sulfunc acid is extremely
~ECHNIQUES I slippery,
I . i. Keep combustibles (wood, paper, oil) away from spilled material
!. Do not ado water to spilled material
I Notify persons downwind of spill! release. Keep area Isolateo until gas has
i .
I dispersed
! I ;:'or a small spill, isolate immediate hazard area for at least 200 feet (60 '11) In
I .
I I all directions and keep unauthorized personnel out
I . ~or a large spill isolate immediate hazard area for at least 1,000 feet (330m) I
I
I In al! directions and keep unauthorized personnel out. Protect persons
I I downwind for 1.5 mile (25 km) during oaytime: 4 miles 16.5 km) nigh~.
I
I I . Stay upwind and away from spill/release
I . Avoid skin contact and do not Inhale gas or m,st,
i · Stop spi!lfrelease If It can be done Wltt1 minimal risk. Wear apprcpr,ate
I
I protective equipment, including respiratory protection as ccndi:ions warrant
I [- (see Section 8).
Collect as much of the spilled materia! as possible In acid-resistant
containers for possible reuse or proper disposal. Absorb tne remaini:1g
I material with sand, vermiculite, or other absoroent material, or neutralize
I With soda ash sodiU:Tl bicarbonate, limestone, or lime until aCidity In
I . ne utra Iized.
I For a release or spill of sulfuric aCid into water, neutralize with agricu'!u:ai
lime (slaked lime), crushed limestone, or sodium bicaroonate. Use
I mechanical dredges or lifts to remove immobilized masses of po!lutants and
I precipitates.
i · orevent spilled material from entering sewers, storm dr3ins other
I
i unautnorized confined treatment drainage systems. Dike far ahead of spill
for later recovery or disposal
i · Notify appropriate federal, state, and local agencies as may be reoulred (see
I Section XV)
SECTION VII HANDLING AND STORAGE
I
I HA'JDi....ING: I Do not enter confineo spaces such as tanks or pits without following prooer
I I entry procedures sucrl as OSHA 29CFR191 0, 146 or ANSI Z11 7.1 (for confined
space) The use of appropriate respiratory protection is required w~;en
concentratlO:iS exceed any established e.i(posure limits (see Section 8). Wash
thoroughly after handling. Do not wear contaminated clothing or st-ioeS.
Seperate from carbides, chi orates, fulminates, nrtrates, prerates, powdereJ
metals and combustible materials, Keep away from strong OXidiZing agents
Including oxygen and chlorine. This product has a great affinity for water,
ex1racting it from the air and also from many organic substances hen..::e it will
char wood, etc. VVhen dilutin the aCid should be added to the water,
Status: Revised 10/3106 Issue ~ate May 5, 2006
Section(s) Revised Disclaimer MSDS #: MOS 766405G6.2
2007112110 Mon 14:22 Shriave Chemical Company 2812922014 10: #131 DB Page 6 of 10
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I" .,,~iin ,1:1;
IRAGE -- -~--~--1
Store i1 suitable containers in ::001, dry, well-ventilated areas\1ateralsn I
storage should De segregated by tne hazards they pose :Jsefirst In -firs: out'
Inventory system to prevent fU'l containers being stored fo' excessive periods 0' i
Time. Keep container(s) tightly closed. Keep away from any incompatiole I
matenal. Protect container(s) against physical damage and exposu'e te water i
Sulfuric aCid is highly c:mosive to most metals, especially when dilute. To ,
I I
I prevent Ignition of hydrogen gas generated ir, metal containers (from meta I
contact), smoking, open flames, and sparks must r,ot be permitted in storage ,
areas. As a precaution post signs in storage area that say, "~jo SmoKi:ig or i
.---.---.- Open Flames. ------~---~
SECTION VIII EXPOSURE CONTROLS I PERSONAL PROTECTION I
ENGIr--IEERING Eye wash and shower stations shouid be available In areas where aCid is beirg l
CONTROLS: ' handled. Use process enclosure, genera! ventilation, or local exhaust systems
I where necessary. to maintain alrbor'le concentrations beiow the exposure i
, limits I
I ,
Wear splash goggles while handling sealed -,
PERSONAL
I PROTECTIVE cry'li"!ders. Wear a facemask that prOVides both
EOUIPME~JT (PPE) =ye/Face splash and Impact protection for face and e'yes
wren using respiratory protection descn~e::
i above.
Follow NIOSH recommendations for appropriate
I Skin: gloves that prevent skin contact to sulfUr!: acid
I :Jepending on condltl:Ji'S of use, ar apron and/o'
,
arm covers may be necessary _
'-jIOSH recommends that a fui--face alr-purifywg I
respirator wi:h a high efficiency pa1iculate
:HEPA) f:lter be used under conditons where
airborne concentrations are expected to exceed
exposure limits (see exposure guidelines be '0,'/1
Jse a oositive pressure air-supplied respiratcr
Respiratory' and SCBA if there's fXltentiai Tor an uncontroiied
I -elease. exposure levels are not Known. or an'~'
other circumstances wnere ai'-purifying
respirators may not provide adeQuate protection
I A respiratory protection program that meets
\ DSHA's 29 CFR 1910.134 and M~S: Z8B:2
-eqJiremems must be followed whenever
I workplace conditions warram a respirator's use
I .A. source of clean water should be available Hi
Other the won~ area for flushi'lg eyes and skin
I ! Appropriate chemical protective c'ot'":i'lg shou d
be wom as needed.
f -- --.-.-----. ---4
GEf'JERAL HYGIENE Wash thoroughly after hal:d.ing. Maintain proper nygiene practices when
CONSiDERATIO~JS: 'la'"',dling this product
, OSHA Pe,missible 1 rrg1m3
I EXPOSURE i Exposure Lmits (PE.)
GUIDELINES
I _._---_._~---~_.- --.-. --",---
ACGiH Threshold Limit
valJe (TL\/). i mg/m3
L-___
Status Revised 1 D/3/06 Issue Date May 5. 2006
Section(s) Revised Disclaimer MS:JS # 'VlOS 766405~)62
2007/12/10 Mon 14:22 Shrialle Chemical Company 2812922014 ID: #8108 Pll,ge 7 of 10
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I SECTION IX -I PHYSICAL AND CHEMICAL PROPERTIES - I
Note Unless otherwise stated, values in this section are determined at 200C (68'FI and 760 mm Hg 11 ..tin.. -.---------------1
Flash POint I Not applicable --.
Flammabilityi. ! Not applicable
Exp'oslve U,'TlIts i%)' I __
Auto-Ignit:on : Not applicable
Tem~rature I
Appearance: i Dense, Oily liquid colorless to amber depending on punty
Pnysical State: : Oily liquid !
Odor Possible sulfur odor ~
Moecular Weight of Pure 9808
Matena!
pH: , 0 - 2.1 (4.9 - 0.05% solution concentrat'ons)
Vapor Pressure i 0,001 mmH
(mm Hg) . 9
Vaper Density I ~ 4' h t
r" ';r=1 \. '," eaVterr,an air
~~ .
Boiling Point I 621-635"F I 327-335 DC for a 98% solution ---'-
--------
. FreeZing/Melting Point i >-reezlng/Mel:ing. 50DF /10oC fo! a 1CO~ solutiO!:!......
Solubil:ty In Water: ! Complete __
Specific Gravity i 184 for a 100% solution
Volatility: :Low volatility -----
, Bulk Density: 1531OO./gal (@60DF) -- I
. SECTION X STABILITY AND REACTIVITY I
r . ! Stable under proper conditions of s:orage and handling. Corrosive to metal.
I Chemical StabiliTy I Can react with common metalS, generating hyarogen gas Water react:ve.
~ I Contact with water can generate heat
--- ~ ,~-- . - .-----...---.---
! Very powerful acidiC oxidizer. which can ignite or explode in cantace With many
Ct)ndi,tions to Avoid: i ma, ' ter:als. Water reactive mate,' rial, generating heat upon contact. Hea, tWill
: Increase overall reactiVity ana ignition may occur If the mixture :s I'"!ot cooied.
I ! Highly reactive and capable if igniting finelY dividec (powder) combustible
i matenals on contact. Extremely hazardous In contact witrl many matenals,
" ! particularly ::arbides, chiorates, fulminates, nit:ates, picrates, powdered metals
I Incompatible Materla!s I and other combustible materials. Contact With hypochlontes, su !fi des. or
, , cyanides Will produce tOXIC gases Reacts Violently With water, alksllne mater,als I
f' I or organic matenals, '.'lIth evolution of heat COrroSiVe to me:al AttacKf man,! I
. I metals, releaSing hydrogen ;:as ________
Hazardc.us , I TOXIC fumes of sulfur Will react with l1',ater or stear" to produce tOXIC a;ld I
~com"'s"'o' Products: I coHos"'e fumes ~
co~r~s~~e,ness -rcorrosive to m, etai. Reacts with many metals releasing hydrogen ;;as.
Haz..;rd~'us "Mil .
P I . t' : vvl no, occur
L. (j jrnenza Ion i ---.J
St3tus Revised 1 DI3/06 Issue Date Mav t;.. 2006
Sectlon(s) Revised Disclaimer MSDS # MOS 76>3405D6.2
20D711210 Man 14:22 Shrieve Chemical Company 2812922014 ID: #81 DB Page 6 01 10
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~_ SECTION XI TOXICOLOGICAL INFORMATION
__u__...~
Acu:e Inhalation Toxicity ~C50 (rat oral) 2140 mg/kg ,
~- -~
Acute :Jermal Toxicity : -C50 (rat) = 347-420 pam I
Mutagenesis No eVidence for mutagenicity -1
1---- .- --\
Target Or9an I Skin, mucous membranes gastrointestinal tract, iungs, eyes teetrl
Developmental TOXICity , ~lOEL. (maternal) (mouse rabbit): 5mg/m3
,
I
--- f __J
Carcinogenicity I The Internat:onal Agency for Researcn for Cancer ("iARC") Monographs or: t-ie !
Evaluation of Carcinogen risk to Humans at 106 (VoL 54 1992: lists strong
Inorganic aCid mists containing sulfuric aCid as a suspectec carcinogen -'-he
'1ational Toxicology ::lrogram ('NTP"j lists strong inorganic acid mists
containing sulfuric acid as a known carcinogen In the 9th Report on
, Carcinogens (9th RoC, Mav 152000) 'his applies to Inorganic aCid "lists
containing sulfuric acid and does not apply to sulfuric acid 0' sulfuric acid
solutions I
------ _____________.___'_____'_~_ ...----1
I
SECTION XII ECOLOGICAL INFORMATION I
i ----~
E:OTOXi(:OLOGY . !..C5C (blueglll)=pH 3D-384
I : LCeo (rainbow trout)=pH 37-441
\ -_Ceo (zebra fish)=50C mglL pH 2 29)
, _Ceo (mosquito fisr)=42mg/L (!-'H 33TI
~ SECTION XIII :::C50 (Daphnia mag"a)=29 mgiL (pH 3:)
cCiOO (dlaton1l:88 rng!= (pH l.QL______________________
DISPOSAL CONSIDERATIONS
f-- I
i Sulfuric aCid. jf claSSified as a 'waste, would be a RCRA 'characteristic" '---1
!
i i :Iazardous \lvaste due to tile characteristic of corrosl\'ity (0002:1 I' the undilutec
I l1atenal is spilled to so,l or v/ater, toxiolly charactenstlc testing of :he
I contaminated materials is recommended to characterize fo:rreatment and/or
aisposal. Further, thiS waste may be subject to the land disposa. restrc:ions in
, 40 CFR 26840 and :nay req..dre treatment prior to disposal to meet specifiC
standards Consult state and iocal reguiat:ons to determine whet,e: they are
110re stringent than the federal reQUireMents,
Container conten:s shou.d ')e completeiY used and containe~s sriouid be
emptied pilar to aiscardng Unless recyCled or used as product container
1 I rinsate could be considered a RCRA hazardous waste a'ld must be disposec o'
r With care and in fuli compliance WIth federal, state and local regulations Larger
I empty containers S~iCh as crurTlS. should be returned to tne distr'buto' or:o "
drUl1 recondltl01er To assure proper dls:Josal of sl1aller empty contai "-'8;-5
I consult with state ~no local r~gulations ana disposal a Jthorities --,-----_._~
I SECTION XIV TRANSPORTATION INFORMATION
----"----_._----_.~-_.__._.._---'--_.- --.---.------ -_.'.'-----
I Regulatory Status ~egulated b'l US DOT
I ---4
r proper ShIPPI"-'g Name SulfUriC ACid
_ 1
Status ReVised 1 ::/:.,/06 Issue Date Mat'~' 20C6
Sect,on(s) ReVised Discla,mer MSDS # MOS 7664C5=62
2007/12,10 Mon 14:22 Shriave Chemical Company 2812922014 10: ~108 Page 9 of 10
....
Ie
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'T:;~:!i"
-----,
Hazard Class 8
Packing Group II J
Identification Number ~N 1830
~ - -
I Guide Number I
i 137
~ , REGULATORY INFORMATION
SECTION XV ,
,
i Designated as an extremely hazardous substance (EHS) (40 CFR 302)
CERCLA:
! Reportable Quantity (RQ) is 1.000 lb. Persons in charge of vessels or facilities
I are required to notify the National Response Center (~JRC) Immediately when
I there IS a release In an amount equal to or greater than the RQ Toll free
i (800) 424-8802 or Washington D.C. metropolitan area (202) 426-2675
RCRA 26133: I Sulfuric acid that is designated a waste would be a RCRA hazardous waste due
to the cnaracteristlc of corrosivit'1 (D002). If the sulfuric acid i" Spilled to soil,
water, or other materials, test:ng for toxicity characteristic parameters is
recommended to characterize waste if needed beyond generator knowledge.
Further, this waste is subject to the land disposal restrictions in 40 CFR 265.40
and may require treatment prior to disposal to meet specific s7andardS. Consuit
I state and local regulations to determine whether they are more stringent than U.,e
I federal requirements. Contai:-:er rinstate could be considerec a RCRA
I nazardous waste and must be disposed of with care and I n full cor-piiance With
~ederal state and local reQulations
SARA TITLE III: I SARA - 311/312: Acu:e: Yes; Chronic: Yes; Fire: No; Pressure: No; Reactivity:
(Exemptions at 40 CFR. Part I Yes; EHS Yes
370 may apply for agricultural ! SARA -313: Listed
use. or for quantities of less
than 10,000 pounds on. site) SARA - 302l304: Threshola Planning Quantity (TPQ) = 1, ODD 100 RQ = 1,000
I NTP, IARC, OSHA: Ibs, this chemical IS classified as an EHS. (See CERCLA. above)
The International Agency for Research on Cancer (IARC) claSSified "strong
i Inorganic aCid mists containing sulfuric aCid" as a Category carcinogen (kno..m
I human car:::inogen) ~H? has classified strong inorganic acid mists containing
I 8anada DSl and NDSl: I sulfUriC aCle as a knolNn human carcinogen
I Sulfunc aCid IS IIsled on lhe DSL ~
I ! I\JDSl: No
TSCA: i Sulfuric aCid is listed on the Section 8(b) TSCA inventory-
CA Proposition 65: ! This product contains substances that are ~nown to the state of California to
(Health & Safety Code I cause cancer and/or reproductive harm.
Section 25249 5) I This MSDS hes been prepared accordi""lo Ihe hazard criteria oflhe Coctrolled I
VVHMIS.
I i Droduct Reguiations (CPR) and the MSDS contains all of the information
I :-equired by the CPR SUlfuric acid meets the Canadian WHMIS criteria for I
class(es)
I I ?IA - POisonous and Infection material - Immediate and seriOUS effects - Ver..!
I
I ,OXIC
, i DZA - Poisonous and infection matenal - Other effects - Very tOXIC ~
I E - Corrosive material
L:B.s~: _ -- I
; nllS product does not contain any bovine, ruminant or other animal by-:xoducts ..J
Status Revised 1013/06 Issue Date May 5,2006
Sectlon(s) ReVised Disclaimer MSDS #: MOS 7664C506.2
20071i2i'0 Mon 14:22 Shriava Chdmical Company 2812922014 10: #8108 Page 10 vI 10
IlllAcnil-
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. """~'t~'!; . .
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QI Dis~~~e~ION xvf The Information In this dO~~~~~ ~~e~~~A~I~~ect ~s of tr1e-date iss",ecl J
Nothing herein contained shall be deemed to be a representation 0' warrant)"
I With respect to the product described herein. NO WARRANTY OF ,
i MERCHANTABILITY, FITNESS FOR ANY PARTICULAR FlURPOSE, OR I
I ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPLIED
I REGARDING THE ACCURACY OR COMPLETENESS OF THIS
I INFORMA TION, THE RESULTS TO BE OBTAINED FROM THE USE OF
I THIS INFORMATION OR THE PRODUCT, THE SAFETY OF THIS PRODUCT,
\ OR THE HAZARDS RELATED TO ITS USE, AND ALL SUCH
, REPRESENTA TIONS AND WARRANTIES ARE HEREBY EXPRESSLY
I DISCLAIMED BY MOSAIC. ThiS Information ane product are furnlshea 011 the
I condition that the person receiving them shall make their own jete:mlnation as
I ' to suitability of the procuct for their particular purpose ::lIld onthe co.,dtion ~hat
they assume the risk of trlelr use thereof. The conditions and use cf tnl5
I produ:t are beyond the control of Mosaic, and MosaiC disclaims an'y' !leNity fer .
i ! lOSS or damage incurred In connection witn the I..se or misuse of :hls sutlstance __~
Preparatio"': I The preparation of this MSDS was:n accordance With At'-jSIZ400.1-2004 !
Note to _ (lfapplicable) i Not applicable--.------ ___________~-==-1
Status. Revised 10/3/06 Issue Date Ma'y' :', :::006
Sectlon(s) ReVised Discla!rner MSDS # MOS 76640506.2
BIDDER ACK.~OWLEDGEMENT
Submit Bids To: PROCUREMENT SERVICES
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
Telephone: (561) 742-6322
Broadcast Date (City): OCTOBER 11, 2007
Bid Title: "ANNUAL SUPPLY OF SULFURIC ACID"
Bid Number: 01l-282I-08/JA
Bid Received By: NOVEMBER 13, 2007, 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: November 13, 2007, no later than 2:30 P.M. (local 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: ~h(J ~Ve Cr-1C? III \ ((LI CGrnpar-)j
Federal LD. Number: 1 y -- I C\ q 4 Eel
A Corporation of the State of: T e 'f-Q~J
Area Code: 281 Telephone Number: <3G/- q220J
Area Code: 221 F AX Number: ZCj 2- - ZC Iy
Mailing Address: Il55 \Iv' CCC1'J -t e ceef C cc::v-t
The \j\1 ccd \0 r-jd j T>( . -2ye
City/State/Zip: ll,.JL" .
Vendor Mailing Date: ~lQl Uili~JJj
,
Authorized Signature
Ted Thread (\llI
Name Typed
14
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL
SPECIFICA TIONS
FOR
"ANNUAL SUPPLY OF SULFURIC ACID"
The City of Boynton Beach Utilities Department is seeking a firm price per pound for one
(1) year for the purchase of Sulfuric Acid to be used at the West Water Treatment Plant.
located at: 5469 W. Boynton Beach Boulevard, Boynton Beach, Florida.
Please place an (x) on the blank line next to each item if a specification is met. If
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. For your own records, it is suggested that you make and keep a
copy of the specifications.
L Acceptable Standard: 93% Grade Sulfuric Acid
-L- Sulfuric Acid will be shipped as Liquid Sulfuric Acid
~ Delivery will be a twenty three (23) ton minimum load (3,000 gallons)
--f.- Total anticipated annual volume (not guaranteed) is 5,000,000 Ibs
(350,000 gallons)
\j
------0- The bidder must submIt a certificate of compliance and a certified
analysis, as to the composition of the product with the bid.
L The successful bidder's shipper is responsible for matching our
receiving tank equipment with the proper tank truck discharge system
__L The successful bidder must supply M.S.D.S. (Material Safety Data
Sheets) on the product. and also supply a training safety DVD on
Sulfuric Acid
\ The successful bidder will provide a representative to visit the plant, a
minimum of two (2) times per year to coordinate shipping, safety.
unloading, and to inspect the results of the product on the feed system
-'
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL I~ ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
~ The successful bidder will supply copies of the manufacturer's shipping
and handling safety procedures.
~ Deliveries will be between the business hours of 7:00 A.M. and 3:00
P.M., Monday through Friday with the exception of Holidays. F.O.B.
Boynton Beach, Florida
f The City's Laboratory may randomly sample product delivery and if
material does not meet specification(s), the product will be rejected and
may be returned to the manufacturer at no cost to the City of Boynton
Beach
-L Sulfuric Acid (Liquid) 93% Grade Specifications, as specified in chart
below
SULFURIC ACID
93% GRADE
SPECIFICA TION
SPECIFIC GRAVITY @ 60' F 1.835
FREEZING POINT -290 F
ARSENIC (As) <0.02 PPM
AMMONIA <0.01 PPM
ANTIMONY (Bb) <0.5 PPM
BARIUM (Ba) <0.4 PPM
CADIUM (Cd) <.025 PPM
CHROMIUM (Cr) <.33 PPM
CHLORIDE <0.2 PPM
COPPER (Cu) <0.07 PPM
HARDNESS AS CaC03 <5 PPM
IRON (Fe) <18 PPM
LEAD (Pb) <0.2 PPM
MANGANESE (Mn) <0.2 PPM
MERCURY (Hg) <0.002PPM
NICKEL (Nl) <0.18 PPM
NITRA TES <5 PPM
SELENIUM (Se) <0.01 PPM
SILVER (Ag) <0.05 PPM
4
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
PROPOSAL BLANK
BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA
To All Bidders: Date: f!)qJc1
I f _..~.__..-----'--
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 called for.
When submitting 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.
Anticipated annual volume is 5,000.000 pounds per year
Product Brand: Sulfuric Acid - 93 % Grade Liquid
The undersigned proposes to deliver the product/service in accordance with the specifications for
the sum of for:
SULFURIC ACID:
$ Q C~::s 1
Unit Price Per Pound / 93%
ALL PRICES F.O.B. BOYNTON BEACH
Unit price per pound shall be firm through the contract period.
It is further agreed that the product will be delivered within l calendar days from the date of
the Purchase Order from the City
Number of Bid Proposal prices submitted I
Specification "check-off' sheets (Pages 3-4) submitted ~ C~)
'esfN 0
,~ cc)
Certificate of Compliance Enclosed \j t:',
Yes/No
15
THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
Certified Analysis of Product Composition ''Ie)
Enclosed Y es/N 0
~)hrl c: ve ell ern I cClI iJ !1kJJJ
COMP ANY NAME SIGNATURE
Ted 1 hV'ecld c) III
-
PRlNTED NAME
( lbl ) J li,'l - L(Z. 2 Cp e)L~lnt'~:/) .JLlana""J<?( -jCt\\ L:V- Ie ACId
TELEPHONE NUMBER TITLE
16
THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
ANTI-KICKBACK AFFIDAVIT
STATE OF FLORIDA )
SS
COUNTY OF PALM BEACH )
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 City 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: U~-
NAME - SIGNATURE
Sworn a~bscribed before me ,20 01
this day of YOJ~
Printed Information:
T ee\ 'T h (eeL d c) \ i \
-J
NAME
v) '--<)\ (\ e ~) L) it La 1'\0<:') e r , ! i
11c_, r I ( \c' ('
I. ,
TITLE
~ ~
NOTARY PUBLIC, State of Florida IJhl Ie\, e CI1C VI)I cui Cc 1\ il G 1',/
at Large
COMPANY
. -~
NMarr PlIIllIc . .... of Florida
. . MrClniIfIIIIIOe.,. lip 311.2011
c._ 111110 . DO T20US
...................,...
"OFFICIAL NOTARY SEAL" STAMP
17
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
CONFIRMA TION 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.
Is your company a Minority Owned Business? ~o
Yes
If Yes, please indicate by an "X" in the appropriate box:
( ) AMERICAN INDIAN
( ) ASIAN
( ) BLACK
( ) HISP ANIC
( ) WOMEN
( ) OTHER
(specify)
( ) NOT APPLICABLE
Do you possess a Certification qualifying your business as a Minority Owned Business?
YES NoL
- If YES, Name the Organization from which this certification was obtained and date:
Issuing Organization for Certification
Date of Certification
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL
MOB -1
Revised 02/22/05
18
CONFIRI\1A nON OF DRUG-FREE WORKPLACE
Preference shall be given to businesses with drug-free workplace programs. Whenever two or
more bids which are equal with respect to price, quality, and service are received by the City of
Boynton Beach or by any political subdivision for the procurement of commodities or contractual
services, a bid received from a business that certifies that it has implemented a drug-free
workplace program shall be given preference in the award process. Established procedures for
processing tie bids will be followed if none of the tied vendors have a drug-free workplace
program. In order to have a drug-free workplace program, a business shall:
I) Publish a statement notifying employees that the unlawful manufacture, distribution.
dispensing, 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) Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for
drug abuse violations.
3) Give each 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 by the terms of the statement and will notify the employer of any conviction of, or plea
of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance
law of the United States or any state, for a violation occurring in the workplace no later than
five (5) days after such conviction.
5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation 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 drug-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. Clu!L ~
Vendor's Signature
19
THIS PAGE TO BE SUBMITTED ALO.\'G WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
Shrieve Chemical Company
SOUTHEAST REGION OFFICE CORPORATE OFFICE
P. O. Box 312 (33882-0312)
2525 Dundee Road 1755 Wood stead Court
Winter Haven, FL 33884 The Woodlands, TX 77380
(800) 367-4226 (281) 367-4226
FAX: (863) 324-2128 FAX: (281) 292-2014
TED THREADGILL
Business Manager-Sulfuric Acid
City of Boynton Beach
Utilities Department
5469 W Boynton Beach Blvd.
Boynton Beach, Florida
November 9,2007
RE: CERTIFICATE OF COMPLIANCE
To Whom It May Concern:
Shrieve Chemical Company certifies that the product we
propose to supply to The City of Boynton Beach (attached)
complies with Boynton Beach's sulfuric acid specifications
in Bid Number 0 11-2821-08/JA "Annual Supply of Sulfuric Acid".
Regards,
ClJ.
Ted Threadgill
,..ic~
~.i
('it~~~:f:::
8813 Highway 41 South - Rivervie\\. Florida 33564
Telephone 813-677-4111 - Telex 52666
FAX - .'\ccounting 813-67162t\3
SULFURIC ACID
TYPICAL AVERAGE PRODUCTION SPECIFICATIONS
Sulfuric Acid (H2SO4) 93.0 - 99.0%
Iron (Fe) < 20 ppm
Reducing Substances as S02 <20 ppm
Nitrates as N03 <10 ppm
Chlorides as CI < 5 ppm
Ammonium as NH4 + < 1 ppm
Heavy Metals as Pb < 1 ppm
Aluminum (AI) < 0.5 ppm
Antimony (Sb) < 0.5 ppm
Arsenic (As) < 1.0 ppm
Cadmium (Cd) < 0.5 ppm
Chromium (Cr) < 1 ppm
Copper (Cu) < 0.5 ppm
Lead (Pb) < 1 ppm
Manganese (Mn) < 0.5 ppm
Mercury (Hg) < 20 ppb
Nickel (Ni) < 0.5 ppm
Platinum (Pt) < 0.5 ppm
Potassium (K) < 1 ppm
Selenium (Se) < 0.5 ppm
Zinc (Zn) < 0.5 ppm
Fixed Residue 110 ppm
Organic Matter < 10 ppm
Color 30
Turbidity (NTU) <1
.
VI.-CONSENT AGENDA
ITEM B.3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVI
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
o December 18, 2007 December 3, 2007 (Noon) o February 19. 2008 February 4,2008 (Noon)
[2J January 2. 2008 December 17,2007 (Noon) o March 4, 2008 February 19.2008 (Noon)
o January 15,2008 December 31,2007 (Noon) o March 18, 2008 March 3, 2008 (Noon)
0 February 5, 2008 January 14, 2008 (Noon) o April 1, 2008 March 17,2008 (Noon)
0 AnnouncementslPresentations D City Manager's Report
NATURE OF 0 Administrative D New Business
AGENDA ITEM [2J Consent Agenda D Legal
0 Code Compliance & Legal Settlements D Unfinished Business
0 Public Hearing D
RECOMMENDATION: A motion to approve a "piggy-back" of the CITY OF JACKSONVILLE BEACH, RFP#3-
0203 to ADVANCED UNDERGROUND IMAGING, INC. of Jacksonville, Florida in the amount of
$513,462.99 with a contingency of 10% for additional cleaning of unforeseen conditions of estimated cleaning costs of
$51,346.00. Total cost of the project is $564,808.00.
EXPLANATION: The Utility Department is utilizing a program to identify and rehabilitate portions of the gravity
wastewater conveyance system to reduce infiltration and inflow. The goal of this program is to significantly reduce
infiltration and inflow, restore the structural integrity of the pipe and manholes to insure their proper operation and
to reduce treatment costs caused by excess water entering the conveyance system. The first and second phases were
Commission approved on November 26, 2006 and May 15, 2007 respectively. Advanced Underground LLC of
Jacksonville, Florida was the approved contractor to begin the cleaning, televising and reporting stage of the
program.
PROGRAM IMPACT: The Utility department would like to continue this program and begin phase IIrE~This area
includes the remaining portions of Master Lift Station #309 Basin which is the area located north of the e;16 Canal,
east of 1-95 to the Intracoastal and to the north to Hypoluxo Road. This will complete the entire utility s~&ice lirea
east of 1-95. Attached is a map detailing the area that will be cleaned and inspected. By piggy-backing-$iskF'iI
additional services will be Geographic Positioning System (GPS) locations of each manhole and smoke ~sting ill'.,
specific areas according to TV inspection reports. Digital records will be provided for storage and future re!f~w. An'
estimated 140,000 linear feet of sewer main and 570 manhole structures will be cleaned and televised. ~
W
..-
...
FISCAL IMP ACT: Funds are allocated in the following account: o..D
Account Number: Amount:
403-5000-590-96-04 SWR 113 $564,808.00
ALTERNATIVES: Go back to doing this work "In House" which was inefficient as well as time consuming.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
C: Tony Lombardi - Utilities
Barb Conboy - Utilities
File
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
7
U~
City Manager's Signature
Pro,~t~ Assistant to City Manager
.
City Attorney! Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
C: Tony Lombardi - Utilities
Barb Conboy ~ Utilities
File
Memorandum
Utilities # 07-150
To: Carol Doppler
Purchasing Agent ,
From: Kofi Boateng, P.E. 4
Utilities Director
,
Date: December 14, 2007
Subject: Piggyback City of Jacksonville Beach Bid RFP #3-0203
Infrastructure Pipe Cleaning & TV Inspection Services
AUI, LLC I Agenda Item
The Utility Department is utilizing a program to identify and rehabilitate portions of the
gravity wastewater conveyance system to reduce infiltration and inflow (1&1). The goal of
this program is to significantly reduce the 1&1, restore the structural integrity of the pipe
and manholes to insure their proper operation and to reduce treatment costs caused by
excess water entering the conveyance system. The first and second phases were
Commission approved on November 26, 2006 and May 15, 2007 respectively. AUI
LLC. of Jacksonville, Florida was the approved contractor to begin the cleaning,
televising and reporting stage of the program.
The Utility Department would like to continue this program and begin Phase III. This
area includes the remaining portions of Master Lift Station #309 Basin which is the area
located north of the C-16 Canal, east of 1-95 to the Intercoastal and to the north to
Hypoluxo Rd. This will complete the entire utility service area east of 1-95. Attached with
this memorandum is a map detailing the area that will be cleaned and inspected.
The Utility Department would like to continue piggybacking the Jacksonville Beach bid
for cleaning and inspection services with A.U.I., LLC. of Jacksonville, Florida who was
awarded the contract. Additional services will be Geographic Positioning System (GPS)
locations of each manhole and smoke testing in specific areas according to TV
inspection reports. Digital records will be provided for storage and future review. An
estimated 140,000 linear feet of sewer main and 570 manhole structures will be cleaned
and televised.
Attached is the proposal from A.U.I. with a complete breakdown of costs and the
individual services, a map of the project area and a copy of the contract. The cost is
$513,462.99 with a contingency of 10% for additional cleaning of unforeseen conditions
of estimated cleaning costs which is $51,346.00. Total cost of the project is
$564,808.00. Funding is available in account # 403-5000-590-96-04 SWR 113.
Please present this at the next City Commission meeting for their approval. If you have
any questions please contact me at ext. 6401 or Tony Lombardi at ext. 6421.
TL:kb
Attachments
XC: Peter Mazzella
Tony Lombardi
Barb Conboy
Chris Roschek
Dan Spooner
-;~ 222 W. Spring St.
Cookeville, TN 38&01
931.372.8500 phone
931.372.2500 fax
....~ 7540 103m St.. Suite 116
Jaoksonville. FL 32210
004.778.1119 phone
904.778.1027 fax
11 December 2006
Mr. Anthony Lombardi
Maintenance Manager
124 E. Woolbright Road
Boynton Beach, FL 33435
Re: Pricing for CCTV and Cleaning
Dear Mr. Lombardi,
Please find attached the current contract between AUI, LLC and the City of
Jacksonville Beach. I have also included the addendum that extends the contract
for a period of two years with additional services listed along with the prices. AUI
is happy to extend these piggy-back contract prices to the City of Boynton Beach.
I have also attached a proposed price list for the work to be in done in Phase III
which totals $513,462.99.
Please do not hesitate to call me if you have any questions regarding the
documents at 904-778-1119. We look forward to assisting the City of Boynton
Beach in its endeavors.
Thank you,
Nicole Little
, ." ,
OCT-0~-2006 09:42 PM j P - 1211
. I I !
(8ifg Df
.C1~~~~RD ~!SDNVILL' .EACH, MoIDA .u~
March 27. 2006
Ms. Nioole Little
AUl, LLC
5991 Chester Ave~ Suite 104
Jacksonville, Florida 32217
RB: Signed Contract & Extension Amendment
Infrastructure Pipe Cleaning &TV Inspection Services for the City of Jacksonville Beach,
I<1orida
RFP No: 3-020:J
Jacksonville Beach. Florida 32250
Dear Ms. Little,
Attached Is a copy of the original RFP and contract with the latest two (2) year extension for
your office flies. This ext(:nston is effect through February 3rd. 2008. If you have any questions,
please contact my office by e-mail or (904) 247-6286.
Sincerely. (
\(l->VV[j~Q-~{j)~Q
Arnold (Junior) r ,illy
Construction Project Manager
w/contract
cc: Pat Deighan Streets General Supervisor
-- - --'~-'''------ ----_._---,-,-~-----_._-----~----~.- __u__________._.'_____ __ __ .._______~_ ..,------------'---------...-- .-------------------_..------ -. ----- --------- - ---------------------------
I
AMEND:MENT NO: ONE (1) TO THE
OWNER AND CONTRACTOR AGREEMENT
This Amendment is made this 3rd day of Februarv. 2006 by and between the City of
J~ksonvil1e Beach, Florida (the "City") and AdvancedUnderground Imaging, Inc. (Contractor) and
approved by the City Council. -.,. :------- -----
WHEREAS, contract is in its approved'two (2) year extension to the contract with an ending date
- ofFebruarv 3.2008 and; .
WHEREAS, the CIty and Advanced Underground Imaging, Inc., now desire to amend the
Contract in accordance with Articfe.4: Term of Agreement
4.2 With the mutual agreement in writing of the OWNER and CONTRACTOR prior
to the expiration date of the current Agreement, this Agreement may be extended
for one (1) additional two (2) year extension.
NOW,./tHEREFORE, in consideration of the mutual covenants, promises and undertakings
cbntained in th6 Contract and this Amendment, the City and Advanced Underground T:m.aging, Inc., agree
as follows:
/
1. ldvanced Underground Imaging, ..Inc., agrees to the same terms, conditions as listed in
Exhibit "A", REQUEST FOR PROPOSAL/QUALIFICATIONS (RFP #3-0203)", consisting
of.....2... pages. Also includes the Advanced Underground Imaging, Inc., proposal submitted as
response to OWNER's RFP #3-0203.
Except as expressly amended by this document, the Contract Agreement as previously approved remains
in full force and effect and legally bmding upon the City and Advanced Underground Imaging, Inc.
I
I
~ IN WITNESS WHEREOF, the City and Advanced Underground Imaging, Inc., hereto have affixed their
respective signatures as of the date indicated below:
JACKSONVILLE BEACH
i By: ~O~ p;;~
~ Name: Geore:e D. Forbes
A~:~ / Title: City Manager
I J.4,tVV;Qfl-rl ! '7; ;t- t?(J 6
/ Date:
/
, Inc. lftt1/ /J..L)
---
r.
..
OCT-05-2006 09:42 PM PO.12II2
I I
. ..
REQUEST FOR PROPOSALS
RFP # 3..0203
. INFRASTRUCTURE PIPE CLEANING AND TV
INSPECTION SERVICES
FOR THE CITY OF JACKSONVILLE BEACH~
FLORIDA
FOR A PERIOD OF THREE YEARS
The City of Jacksonville Beach is seeking proposals for providing contract services
required for conductina the abovo referenced work. PropOiaJs shall be due at the
Central Services Department, 1460A Shetter Ave., second floor, Iacksonville
Beach, Florida, no later than Wednesday, lanuary 8, 2003 by 4:00 o.clock p.m. Six
(6) ~pies of each proposal are required. The City shall reserve the right to reject
any or all BidsIProposals.
Note: There will be a mandatory pre..RFP meeting at
lO:OOam on December 18. 2002 in the Public Works training
room, located at 1460A Shetter Ave to discuss any questions
. . . I .
or concerns pertaintngto th" RFP. RFP'. from ve~~en who
do Dot attend this pre-RFP meetiDI will not be accepted.
__ _..__,_..___~_____ _.~___..__ ____L__ _._ __ ____.____._.__.__ --- ---_._~..__...---_..._-_._- ,~-.._._-- --.-----"'.---.-----.---- --- ---.----.-..-- - -.---....---"-"-.------.--- .-.---.--
OCT-05-2006 09:42 PM j P .1213
i
REQUEST FO~ PROPOSAL (RFP #3'.0203)
INFRASTRUClURB PIPE CLEANING AND TV INSPECTION SERVICES
For the City of J acksonviUe Beach, Florida
For a period of three (3) years
The City of Jacksonville Beach is -ldns submittals of proposals and quall6catlons of firms interested. in
providq aenices for the maintenance oleanUta and televising ofexistins sewer-mamstsewer manholes and
storm sewer I)'Item piping/catch buins within the boundary 1imits of the City of JacbonviJle ~", Florida
fur a period of three (3) yem. The goal of this RFP is to award a continuing service contract filr a period of
three (3) years, renewable fOr up to two (2) additional tmee..year tenns. The resultinj contract may ProVide
services to departments thrOughout the City and will be overall managed by the Department ofPubJic Works.
NOTE: It '.Y oftlte ptopo... .ubmlttbtl . ...,....e to t.... RFP wo.hI Db to meet wlth...,1c W orka
.tafl'to review ...y ...... or dlHu.. lay lip. Dlth. coatl..uln. Mn'leee co.tract, t"ey caD eo.tact the
fellow'D, p'l'IOilael:
Keith erumrlae - Outrfbutloa 4 Colleetloa. SaperYl.or (Sewer System Plpia,) U7-'213
David MeDon.1eI - 8trletlS.penritor (Stona".ter 8ylt'lII Plpl..) 141-6211
1. SPBCIFtCAnONS
A. AD propolenl must IUbmit a narrative document detaUiDa the Bidden ability to ~bm the primery
talk of cl~ the existioa scwer-mainslsewer maoboJet and stann sewer syttem pipiDglcatch
buins. The document sball include IS a minimum:
B. Local Office: IdentitY the location of the loca1office (DuwI. Clay, St. Johns. orNasaau Counties).
The members ofthc project team sbaII be petmlUleDtly usigDed aDd physica11y located at tho local
ofBce.
C. A description ortbe pr0p08er'. usual work activities perfbrmed by the lubmittinaiDdlvidual or
company. Inibrmation detaJUng the proposer's experience in performina simi1ar tasks at1cl
activit_ A minimum of 1 0 refonmceM where related. work'was petfbnned by the pl'OpOser. I~
key pmonnel and outline their experience, ~bich will ~ utilized in performing the. base task.
D. A description of the methodology and. equipment to be utilized to pertbrm the c1eanina.
B. A statement that addre.. a response schedule for the proposer to provide the dcscn'bed services
under both routine and emergency conditions.
n. MISCELLANEOUS INFORMATION & ADDITIONAL REQUIREMENTS.
A. The seJected contractor Ihall provide employees who are customer oriented. polite to citi:1.ena,
and responsive to the requests and ditectives of city oftic~ to include public works, poUce,
fire, pIItlci & recreation personual. The contractor shallperm.anently removeftom. ~ work,
any employee requested by the City to be removed, which does not meet these reqwremen.ts.
1
.
OCT-05-2006 09:43 PM ) P.04
)
REQUEST FOR PROPOSAL (RFP #3.(203)
,INFRASTRUCTuRE PIPE CLEANING AND TV INSPECTION SERVICES
For the City of Jacksonville Beach, Florida
Foraperiodoftlttee(3)~
B. The sc1ectod contractor shall furnish all labor, equipment. mate~ supervision and means tbr
the quality perfol'lIJ8nCe of the services. The contractor shall perfurm and accomplish the
services in the manner best calculated to provide the Jrlahest. quality. with safety of life and
property ofpat'llmunt importance, and to the satisfitQtion of the Director ofPubUc Works, and
in accordance with the contract documents.
C. Removal and disposal ofresiduaJs sball be at an authorized location within the City limit&. The
contractor shall repair or restore aU strootures and property that may be damqod or disturbed .
duriDa performance of the serviCes. At the City's discretion. extraordinary debrislbazardous
materiabJ may be handled as an additionallle1'Vice.
D. Auipment ofSpeciftcation Requirements by Service Order. During the tom oftbis service
~ the requested claanh1a rmd TV inspection services will be uaigDecl on u needed
buia. The o~ lato meet the needs of the City and to ensure the hl;best qualitypossib1e
of the senice(s) provided.
III. TERM OF TIm SERVICS AGREEMENT
A. The contract shaD be in effect for a period oftbree (3) years. The $ervices sball be requestecl
on an.u needed buis after the &e1'\'icc qreammrt has been approved by the city council and
funding has been approved in the ourrent fi.scal year budget procell.
B. The Cityrcserves the ,right to extend the contract for additional three (3) year terms up to 2
..-. . . cxtenIions. subject to. the mutual aarcemmt between. the .City and the contractor. The
. exiension(s}8hllfbeijTeed ht~ prior to the end ofrlle currcnftCnn. The cW'l'Cnt tenn
may be extended monthly by mutual verbal agreement untU the written agmmctt is completed.
C. Nonexclu.ive. Notwithstmdina the contraCt resultins from this RFP. the City reservea ~ right
to fbDow itl normal purchasin& procedures at anytime to procure additional services fur any of
the types of work DOted in this RPP.
IV. MlNlMUM QUALIFICATION REQUlRBMBNTS OFPROPOSINO FIRM(S).
A. A local ofB.Ce ~ Clay, St. Johns. or N~ Counties) in which the work will be done.
S. Current local ~ workiDg directly for the firm, with the capability of perfumdng aU the
services outJiDed above promptly and within the specified time.
C. Demonstrated capability. past experience. arid expertise in pipeline cleaning.
D. A local Bustne. License
- - ~-_. - -
~--,------~._"--~-_._---~_.._._--------_.._-
.2 :
. . .
OCT-05-2006 09:43 PM 1==>,"15
) i
REQUEST FOR PROPOSAL (RFP #3..0203)
INFRASTRUCTURE PIPE CLEANING AND TV INSPECTION SE.RVICES
For the City of Jacksonville Beach, Florida
For a period of three (3) years
v. CITY REPRESENTATIVES:
A. Desianated Representative: Public Works Director
B. Project Manager: Public Works Division Supervisor(s)
C. Technical Contacts: Public Works Division Supervisor(s) and/or other City
Department I Division Supervisors
Crry DOCUMENTS: During preparation of a response to this RFP, the City ordinances and
infrastructure maps are available in various offices of the City for review by prospective proposers. The
proposers aocept the responsibUityfor the accuracy ofany information :ftunished and ultimately incorporated
into their responses.
vn. PRICESU8MITTAL: Proposing fi:rmstU'e required to submit unit prices with the proposal on the
attached Price Proposal Submittal Fonn..
A. Selection will be based in part on the unit cleaning cost. However. the proposer must provide a
price on each item Usted. AIl price entries on the Price ProposaJ Submittal Form must be clearly
'Written in figures using ink.
B. The proposed unit prices submitted on the Price Proposal Submittal Fonns shall remain in
effect through the end of the City's FY2004 budget year (September 30,2004),
c. The contractor and/or the City may initiate adjustments to the current llDit prices. The basis ibr
these adjustments shall be .. the not seasonally adjusted Consumer Price Index (CPI) for. All
Urban Consumers, Area: South B Size Class B/C, Item: Services ~ published by the U.S.
Department of Labor. Bureau of Labor Statistics, or its successor pUblication if discontinued.
O. The unit prioes, subject to negotiations.. may be increased or decreased in a percentage not to
exceed seventy-five (75) percent of the change in the said CPt.
E. The request for price adjustment shall be submitted not later than 60 days prior to the end of
the City's FY2004 budget year or most OU11'ent budget year thereafter.
F. The computations for the adjustment shall be based on the CPI for the previous full oalendar
year, befbre the end of the City's FY2004 budget year (September 30, 2004) or most current
budget year thereafter.
O. The adjustments shall be negotiated and agreed in writing by both parties. Adjustments shall be
effective on the first full month after the beginntng of the City1s new budget year, or the first
full month after the adjustment is agreed to in writing, whichever is later.
.
OCT-0S-2006 09:44 PM ) , F>o .06
. . . REQUEST' FOR PRO.PbSAL (RFP #3-0263)
INFRASTRUCTURE PIPE CLEANING AND TV INSPECTION SERVICES
For the City of Jacksonville Beach. Florida
For a period of three (3) years
VIII. CONTRACTOR(S) WRI'ITEN PROPOSAL & SELECTION PROCESS:
A. SELECTION PROCESS: Contractor selection shall be in accordance with this request for
proposal. The evaluation process shan determine quali&ations, intere~ and availability. The
City shall flrrt review all written responses. This review will result in a ranked list of fully
qualified respotld.ents; If deemed necessary, public informal interviews may be conducted of
selected respondents determined to be best qua1i&d bUecl upon the evaluation oftha written
responses. The determinations shall be buedupon the criteria below.
B. METHOD OF RANKINO~ During'tbc review ofwritteD. respQDSeI, eaohcriterlon below will
be ranked on a measure of zero (0) throup five (~). In addition. each orlterion bas been
ullipecla tICIIed value that weiahu the critmionts signi1icance to the CODtra.ct. The scalod
values rama' tom one (1) through five (5) sndwlll be muldpUed times the rankms of each
criterion to qUIIDtffY that crlterlon"lCOre. The sca1ecl Value is denoted .tn bracket. [ ]
foDowlDa each criterion', title. The sum of the criterionlCOrcs derived fIomtbfJ multiplication
prooets will be used as an akl in selecting the con.tractor.
C. WRI'I'TBN PllOPOSAUQUALIFlCATIONS PACKAGEREQUIREMBNT: Respondents arc
to adhere to the requirements shown below. Failure to do so may result in rejection of
ptopOw U 1\OflooteSpOnsive.
l. Reconcile and to the point.
2. Limit proposallW'l'atlve to no more than ten (10) each 8.1/2'. X 11" type written pages.
3. Provide ud.equate infbrmationon each criterion below.
4. ---PtOViQethe-critetiainfOtmation below in the order'shown. ' -- - - - ._-
D. CRITERIA:
1. Past rec(trd ofmanholelcatch buinlpiping system c1eanina experience [5]: A list plus
briefdescription (with time frame) of the firm's contracts and experience. Provide
customer (govcmmcntlprivate) refcrcnces withtc1cpbone ,number.
2. Put record of manho ltlcatdl buiDlpiping system. TV inspection experience [5]: A list
plus bt;efdescription (with time frame) of the finnta contractsandexpcl'ience. Provide
customer (government/privato) references. with telephone n:utdber. Proposor must
include a dncription of the TV equipment.
3. Local firm oflice amd project team [4]:
a. _ IclentiiY the location of the local (Duval. Clay. St. Johns. or NBI8&\1 Counties)
project office. The ~ oft~ project team. shall be permanently 8i8igned
- _~_____~__ __.____m____.....___._____ __.__.,__._._..__ ,-----------_.... --- --...------..--- . --- -------- ---.. -'-- -- -- ------.-.-....---------
~
.
OCT-05-2006 09:44 PM , 1==>.137
,
REQUEST FOR P~OPOSAL (RFp. #3..0203)
INFRASTRUCTURE PIPE CLEANING AND TV INSPECTION SERVICES
For the City of Jacksonville Beach, Florida
For a period of three (3) years
to and pbysica11y located at the local project 01fice. Routinelresponsiw face..to-
filce and telephonic interaction will be important in seJ'\'icing the City's Deeds in
porfonning this contract.
b. List firm'. team members who will work on this project. Provido brief
summaries on education. certt6cadon and experience, which the firm deems
importat to this project. Confirm that team members are permanently -(Il'1ed
a:nd pbysbUy located in ftnn's1oeal o1Bce noted abow.
4. MecJumicaJ. c~ equfpmem.1'vtrua eqWpmem It experience using it [5]: Provide
lilt &rid pf.cturo(l) of equfptnent to be used on this contraet.
S. Narrative [5]= Provide QOncUe wtfttcn expJamation ofhowthe firm will accomplish the
~ Sue Item detailed abow. The D8tl'Itiw I1tUIt aIIo iDc1ude a cIeIcripUon of
equipmeut and methods to be used in pcrtbrmiDg ancBlary tub.
6. Cost [3]: Provide unit prices and other pertinent. charges quantities on the attache(.
Price Ptopol81 Submittal Forms.
E. PR.OPOSAL IS NOTA SID: This request fur proposals II not to be considered a bid. The
City of Jackaonvi1le Beach will evaluate proposals bued on the criteria set fbrth in this RFP.
Price propou,ls are required u pert of tho RFP paoIt-,e. The City reserves the riabt, at its BOle
discretion, to exclude the price proposals tom the ewJuation procoss, The evaluiltion proceas
~ ~nsitJer ail o!be.r: teque~ crlterf.a to determJne which firm is the most hishJy.qua1lfted to
perfbnn the required lIerVices.
IX. INDBMNtFlCATION REQUIREMENT: The City Iball require the folJowing or similar
iDdemnftication patagraphs to be made part of the oontrlct{s) as entered into with the !I'UCCeSSful
propoaer.
The City sball be held harmIeu agaiDst all claims fur bodily qury, sickness, disease, death or perIOnal
hVury or damage to property or Iou ofuse resulting there:&orn, arising out of'perfOI'lD8l1CC of the
qreement or contract, unless such claims are a result of the City'. own negligence.
The City shall also be held bannlcss apinst all claims for financial Iou with respect to the provision of
or failure to provide the contract IerYices resultina In malpractice, or Cl'l'Ors or omisdo11l HabJHty aris.ioa
out ofpcrtbnnance under this contract, unless such claims are a result of the City'. own neaUacDCe.
X. INSURANCB RBQUIRBMENTS: The selected film shaI1procureaad Dlaintaia dur.ina the tem(1)of
the contract, insurance oftbe types and in the miDhnwn amounts stated below.
OCT-0S-2006 09:45 PM J J P.08
REQUEST FOR PROPOSAL (RFP #3-0203)
lNFRASTRUCTIJRE PIPE CLEANING AND TV INSPECTION SERVICES
For the City of Jacksonville Beach, Florida
For a period of three (3) years
G9vera~es Schedule ~mjmum!l
A. Workers' Compensation Florida $100,000 - each accident
Statutory Coverage and Employer's $100,000.. each employee
Liability (including Appropriate $Soo,OOO .. policy 1im1t for di&eue
Federal Acts)
B. Comprehensive Oenetal Liability $1,000,000 · bodily Iqjury each occurrence
$1,000.000. bodily i1\fury agregate
$1,000,000 - property damqe each occurrence
$1,000,000. property darilage aasresate
c. Products - Completed Operations $1,000,000 - aapeptc
D. Busmeu Auto Liability Same as Comprehensive General LiabiBty
(All autos ... owned, hired or used)
E. Professional LiabfIity SIItM as ComprelwmsM General Liability
F. Excess or Umbrella Liability Optional
INUraDCe sba11 be written by Bl1 insurer holding a current certificate of authority pursuant to Chapter
624. Florida Stwte8. Prior to co~ing any work under this conttict, certificates of insurance,
approved by the City, evideDcfDa the mainte~ of said insurance 8baIl be i\ImJIhod to the City's
constrUctiOn project 1'D8118Ier. The certitlcates shall provide that DO material alteritiott or CBDCeDatioI1,
iDcludiDg oxptrationand ~ ahaJ1 be etrectlve untU fiftceD (1 S) days after receipt ofwritten
notice by the City. AU coverages abaIl name the City as additiouallDsurecl. Receipt of certit1catet or
. - - .. .o~~~f.~_~ ~~ ofpo~ies by the City, orka representatiws, ~~_~.Ic.ss
.... cowrasc than i'eqUbd, Sh8I1riOi constitute a waiver ohhe obligation of the suc:ccsSfulpropOller to
tbIftll theinsurancc requirements herein.
XI. PUBLIC BNllTY CRlMBS REQUIREMENT: A person or eiftlipte who bas been placed on tbe
cotMcted vendor Ust fbllowing a conviction for a public entity crime. may not submit a bid or a
ptopOsal on a contract with a public entity Cor the construction or repair of a public buildlq ot' public .
work. may not submit bids on loues ofreal property to a public entity, and may DOt trlDSaCt business
with any public entity in excess of the threshold amount provided bt SBCTlON 287.017, fbr
. CATEGORY TWO for a period of36 months &om thedato ofbeina p1aocd on the eonvicted. vendor
list.
XII. ANn..cOLLUSION RBQUlRBMBNT: Under DO circumstaDcel BhallIlD)' prospective proposer, or
any person or persons ICting for or on behalf of any said prospective proposer. seek to tntluence or
Sain the IUppOrt ofmy member oftheCityCounoU or tho City StatffilYOrab1e to the interest of my
prospective proposer or seek to influence or gain the support of any member of the City Coursen or
. .
City Staff against the interest of any prospective proposer I Arlf such actiVities sball result in the
excluston of the prospective proposer from consideration by the City.
__________.____......----------___.... _________.__._. ____ __ _______ ..____.._.. .__. __ _.______. _______..__ __..____.. __u_ - _.._--_.-'"----~.._--_.~-_.__._._- ---
L
,
, REQUEST FOR 'PROPOSAL (RFP #3-0203)
INFRASTRUCTURE PIPE CLEANING AND TV INSPECTION SERVICES
For the City of Jacksonville Beach, Florida
F or a period of three (3) years
~PRICE rROPOSAL FORM '. ,
The following information concerning unit pricing will. be used to assist the city staff in the overall rating of the
RFP being submitted by thepropQ.ser.
Firm submitting p#cing infurmation: Name:.AovA Ncen U)JDl;~l\JO ~l'w\AGl rJ6 TN,.
Address: 1853 K'IN~'$ ~0~
City: . JACK',,)O~./1 t..l.~ ~L ~22 07
-
State: \--"L.O\Z1 bA
I
PART A: ,Description of this service shall be the cleaning of existing sanitaty sewer 111811bQJes and sewer-main
system piping. The c]es.nmg of each sanitary sewer manoole shall be included as part of the price for cleaning
each sewer-main section between the two existing Sanitary sewer manholes. All materials removed from the
system piping shall be disposed of at a location ~igT'~ted within the city limits of JacksonVille Beach.
A. Mohi1i7.Ation cost per ~y of services rendered: $l~
The travel time to Snct'from the contractorYs office shall be a separate mobilization unit price for each day
that the system cleaning service is required.
J' B. ~itJuy ~mrin ~l'ine CI..'Ijp~; Cl1llt Cor( fir FDot. The volume petQeDtage represents the
estimated attIOinrt of SQIid material in the systeri1 piping at the time of the. cleaning operation. The
peree__e of volume will be agreed on prior to the mobilization. The parties that determine the percent of
~,~ he the service provider aDd the Division Supervisor who the cleaning operation'isbeing
schedUled.
Pi e Size'
, 8", .
~~ fO"
12"
IS"
IS"
\ 24"
"
PART B: Description of this service shall be the cleaning of existing storm sewer manholeslcatch basins and
~. . storm sewer-main system piping. The cleaning of each storm sewer manholelcatchbasins shall be included as
,<. part of the price for cleaning each storm sewer-main section between the two e~ mAtihol~catch basins. .
r-
All materials removed from the system piping shall be disposed of at a location designated within the city limit
of Jacksonville Beach.
7
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unit Prices In
Item No. Description Approx. Quantlty Figures
1 Mobilization per WO $ 1,000.00
2 Cleaning 4" Gravity Pipe LF $ 1.00
3 Cleaning 6" Gravity Pipe LF $ 1.00
4 Cleaning 8" Gravity Pipe LF $ 1.50
5 Cleaning 10"Gravity Pipe LF $ 1.50
6 Cleaning 12" Gravity Pipe LF $ 1.50
7 Cleaning 15" Gravity Pipe LF $ 2.00
8 Cleaning 18" Gravity Pipe LF $ 2.00
9 Cleaning 21" Gravity Pipe LF $ 2.50
10 Cleaning 24" Gravity Pipe LF $ 3.00
11 Cleaning 30" Gravity Pipe LF $ 4.00
12 Cleaning 36" Gravity Pipe LF $ 5.00
13 Cleaning 42" Gravity Pipe LF $ 7.00
14 Cleaning 48" Gravity Pipe LF $ 8.00
15 Cleaning 54" Gravity Pipe LF $ 10.00
- 16 Cleaning 60" Gravity Pipe LF $ 15.00
17 CCTV 4" Gravity Pipe LF $ 1.00
18 CCTV 6" Gravity Pipe LF $ 1.25
19 CCTV 8" Gravity Pipe LF $ 1.25
20 CCTV10" Gravity Pipe LF $ 1.25
21 CCTV 12" Gravity Pipe LF $ 1.50
22 CCTV 15" Gravity Pipe LF $ 1.50
23 CCTV 18" Gravity Pipe LF $ 2.00
24 CCTV 21" Gravity Pipe LF $ 2.50
25 CCTV 24" Gravity Pipe LF $ 3.00
Additional SaN,ices
26 Manhole Inspection EA $ 80.00
27 Smoke Testing LF $ 0.50
28 Traffic Control Lump Sum $ 1,000.00
29 Laterals EA
30 Inspection from clean out. EA $ 175.00
31 Inspection from main EA $ 375.00
32 Survey Grade GPS Per Manhole $ 35;00
33 Wastewater Flow Monitoring per meter week $ 1,200.00
34 Flow Isolation (Weiring) Per pipe segment $ 200.00
35 by-pass pumping
4 Inch pump
Setup Each $ 250.00
Maintenance Hour $ 50.00
6 Inch Pump
Setup Each $ 750.00
- Maintenance Hour $ 100.00
8 Inch Pump
Setup Each $ 5,000.00
Maintenance Hour $ 500.00
12 Inch Pump
Setup Each $ 10,000.00
Maintenance Hour $ 1,000.00
36 root cutting
Root Cutting 4" Gravity Pipe LF $ 0.50
Root Cutting 6" Gravity Pipe LF $ 0.50
Root Cutting 8" Gravity Pipe LF $ 0.50
Root Cutting 10" Gravity Pipe LF $ 1.00
Root Cutting 12" Gravity Pipe LF $ 1.00
Root Cutting 15" Gravity Pipe LF $ 1.00
Root Cutting 18" Gravity Pipe LF $ 2.00
Root Cutting 21" Gravity Pipe LF $ 2.00
Root Cutting 24" Gravity Pipe LF $ 2.00
Root Cutting 30" Gravity Pipe LF $ 10.00
Root Cutting 36" Gravity Pipe LF $ 10.00
____. ______8()co.t_C_ll!t.!l'1!L42"g!~vi~.fip~ LF $ 14.00
Root CuttIng 48" Gravity Pipe .---.--- H._____m. [F'------ $ 16:00" --....-..---"
Root Cutting 54" Gravity Pipe LF $ 20.00
Root Cutting 60" Gravity Pipe LF $ 30.00
)
OWNEWCONTRACTORCONTRACTAGREEMENT
THIs AGREEMENT made and entered into this _3rd day oCFe~. 20Ql by and ~
the CITY OF JACKSONVILLE BEACH, FLORJ;DA. a Dnmic4>ality 01'gllnjz.,<f and existing under
the laws of the State of Florida,' bereinatler called the OWNER, and
ADVANCED UNDERGROUND IMAGING, 1Ne.. hereinafter cal1ed CONTRACTOR:
.
WITNESSETH:
.
OWNER and CONTRAcTOR, in consideration of the lnlItua1 COvenants hereinafter set furtb,
agree as follows:
Article 1: SCoDe of Work
CONTRACTOR shan complete all Work as speciJied or indicated in the Co-Document..
Tbe Work isgenera11y described as follows:
lNFRA~l'RU~ PIPE CUWaNG & TV ~6J:ro~ SE:YICESFOR 1lIE
' {:1U' OF JACKRQNVrr.loE BE . FLoRIDA .
FOR A PERIOD OF THR.EE (3) YEARS
AII Work shaU be JlerfurnJed in accordance with the "Request For Proposal No: 3-
0203, Prepared by the City ofJsclcsonville Beach, Public Works Department. Services shaUbe fur all
rnateriaJs, equipmem and services, including labor to perfunn the services, of which the requirements
and scope of services is detailed in Exhibit "A", "Request For Proposals: RFP No: 3-0203 _
l'lfrastruCfurePipeCleaning & TV 111Spection SCfVices for tFie CIty of Jaclrsorrvi/le1teach, Florida
for a Period of Three Years".
r
J I
;1 Article 2: Owner's ResDoDsibilitt
"
;.
~. The Owner bas the TeSJl<>nsibiJit set furtb, within this ~ to inchule the funowiug:
;fl
2.1 4ccess to WorJ;4re{l;. The OWNER sha11 Provide the CONTRACTOR SCcess to all
areas in Which services are to be performed.
/
Article 3: Tim.. fur Renderlnl{ Servj')l
The speci/ic periods of time fur.~viding services shan be on a)'early basis. Scheduling of
services will be coordinated wIth the Public W od Department Streets Division Supervisors
I
i and/or Distribution & Collection DiVision'SuPervi.sors.
.
~
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7.
Page 1 of 11
i ,
OWNEWCONTRACTOR CONTRACT AGREEMENT
.
Article 4: Term of A2reement ;
;
4.1 This Agreement shall be effe.ctive from the date of City Council action, FebruaIy 3.
2003, and will continueJn effect through three (3) calendar years.
.
"
4.2 With the mu~ agreement in writing of the OWNER and CONTRACTOR prior to
the expiration date of the current Agreement, this Agreement may be extended for
one (1) additionaIt\lv'O (2) year extension.
4.3 Subject to the Agreement. being extended beyond the current term, the
CONTRACTOR may request the OWNER to adjust the unit prices for the individual
pay items based on cbabges in the cost of doing business, over the term of the
Agreement. Adjustments to the individual unit prices for each pay item are to be
,.inntuaIly agreed in writing. In the event that the OWNER and CONTRACTOR are
. \
I unable to reach agreement on any unit price adjusttneilts prior to the Expiration Date
of the current tet'lI4 either party shaD. have the right to terminate this Agreement.
~
~:! Article 5: Payment To Contractor
The. CONTRACTOR agrees to provide services as descnbed in the CONTRACT
.. DOCUMENTS and comply with the terms therein.
1 5.1 For Basic Services: OWNER shall-pay CONTRACTOR for 'Contractual Services'
performed or furnished under the Exhibit "A", "Request For Proposals; RFP No: 3-
~. 0203 t Infrastructure Pipe Cleaning & TV Inspection Services for the City of
~ Jacksonville Beach, Florida for a Period of Three Years "'J as set forth in the
" Contractor's submitted EXlu'bit "BII, "Price Proposal Form. tofu "RequestEor
:i
Proposals: RFP No: 3-0203 - Infrastructure Pipe Cleaning & TV Inspection
i: Service~for the City of Jacksonville Beach, Floridafor a Period o/Three Years".
k
v. 5.2 For A.dditional Services: Notwithst8nding the scope of work enumerated in the
1-'
, Exhibit "A'\ "Request For Proposals: RFP No: 3-:0203 - Infrastructure Pipe
~.
! Clecming & TV I~on Servlcesfor the City of JacksonviUe Bt4ch. Florldafor a
~ Period of Three fj rs". CONTRACTOR will, upon written request from the
~ OWNE~ provid$' any and all other services normally falling within the services .
~ offered by the :,CONTRACTOR. In advance of perfonnance of additional services,
'j
} OWNER and CONTRACTOR shall agree in writing. to the additional services and
t negotiated price, consistent with the type of services requested.
~. 5.3 Invoices.
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Page 2 of 11
- i-- ------------"- ------..-------------- - ----- -----------.--,--
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I
OWNEWCONTRACTORCONTRACTAGREEMENT
5.3.1 . Preparation of Invoices: Invoices will be prepared in accordance with 1l?-e
Contractor's normal billing invoice and will be submitted to OWNER by
CONTRACTOR, unless otherwise agreed. The amount billed in each invoice
will be calculated as set forth herein. Invoices are to be issued by the 10th of
the month for services rendered in the previous month.
.
5.3.2 Pdyment of Invoices: Invoices are due and payable within thirty (30) days of
receipt .
5.3.3. Disputed Invoices: In the event ofa disputed or contested invoice, only that
portion so contested may be withheld from payment, and. the undisputed
portion will be paid.
5.4 Payment. Upon Termination: In the event of termination, CONTRACTOR will be
i~tled to be paid in accordance fqr all services performed or furnished through the
;' effective date oftermination.
5.5 Records o/CONTRACTOR 's Cost: Record's of CONTRACTOR's cost pertinent to
CONTRACTOR's compensation under this Agreement shall be kept in accordance
with generally accepted accoUnting practices. Upon OWNER's request, copies of
such records will be made available by the CONTRACTOR to the OWNER, at no
cost to th~ OWNER
Article 6: Standards' of Performance
CONTRACTOR and OWNER shall comply with applicable laws, regulations, and OWNER-
~ ml\lnnated stmWards. This Agreement is based on these requirements as ofits Effective Date
and include the attached Exhibit "A", "Request Por Proposals: RFP No: 3.0203 -
Jrff'rastructure Pipe Cleaning &.tv Inspection Servicesfor the City of Jacksonville Beach,
F7.orldafor a Period of Three Years ". Changes to these requirements aftertbe Eftective Date
,. may be the basiS for modificationsio CONTRACTOR's. scopeofwork..times ofperfurmance..
or compensation.
. //
Article 7: Contractor as IndeDendent Contractor
/
It is expressly agreed ind understood that the CONTRACTOR is in all respects, an
independent contractor as to the WORK and is inno respect ap, agent, servant, or employee
" of the OWNER ThiS Agreement specifies the WORK to be done by the CONTRACTO~ but
.. the methpd to be employed to accomplish the WORK shall be the responsibility of the
CONTRACTOR
,~.
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Page 3 of I 1
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.'1
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OWNERI(.,,",J.~TRACTOR CONTRACT AGREEhJ.ENT
Article 8: Termination
The obligation to provide further services under this Agreement may be terminated: .
1. For cause, "
;
a. By either party upon 30 days Written notice in the event ofsubstantial
failure by the other party to perform in accordance with the terms
hereof through no mult of the terminating party.
b. Notwithstanding the foregoing, this Agreement will not terminate as a
resuh".of such substantial fiillure if the party receiving such notice
begins, within seven days of receipt of such notice, to correct its
fiillure to' perform and proceeds diligently to cure such fiillure within
no more than 30 days of receipt thereOf, provided, however, that if
and to' the extent such substantial fiillure cannot be reasonably cured
, within such 30 day period, and if such party has diligently attempted
/ td cure the same and thereafter continues diligently to cure the same,
then the cure period provided for herein shall.extend up to, but in no
case more than, 60 days after the date ofreceipt of the notice.
2. For convenience,
a. By OWNER effective upon the receipt ofnotice by CONTRACTOR.
,
Article 9: Subcontraetine: . -. ... . .. - . . ...
}"." i
r CONTRACTQR may subcontract services to be performed hereunder with prior approval of
t the OWNER \No such approval will be construed as rn81cing the OWNER a party of or to
~. such subcontract, or subjecting the OWNER to liability of any kind to any subco~act. No
.. -
.}' ~bcontract ~ under any circumstances, relieve the CONTRACTOR of its liability and
. .
, obligation unde~ this Agreement; and despite any such subcontracting, the OWNBR sball deal
~. through the CONTRACTOR, and subcoritr-actors- will.be..dealt-with-$-.workers.and
it . representatives of the CONTRACTOR.
., Upon the executionof~ Agreement, CONTRACTOR and OWNER shall desigTlRtp. specific
\
# individuals to act as rePresentatives with respect to the services to be performed or furnished
(- by CONTRACTOR and responsibilities of OWNER under this Agreement. Such individuals
~ shall have authority to transmit instructions, receive information, and render deCisions relative
k to the WORK on behalf of each respective party.
~i~
t ~
Article 11: Insoection of Work
, .- ---------."--- - .._,------ --------- ___u___ .._._.._________.__...... _. _ .-.--,--------..- ---- - _____.. __.._ .__ ___ - ___n'.....__ .
~ Page4 of 11
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OWNER/CONTRACTOR CONTRACT AGREEMENT
The CONTRACTOR shall furnish the OWNER or the OWNER's representative with every
. .
reasonable opportunity for determining whether or not the WORK is perfurmed in accordanCe
with the requirements of this Agreement/The OWNER may appoint persons to inspect the
CONTRACTOR's operations, equipment, and performance, and the CONIRACTOR shall
permit these persons to make such inspections.
.
A.1ticle 12: Riflht To R~l1ire Performance
The fiillure of either OWNER or CONTRACTOR at any time to require performance by the
other party of any provisions hereof shall in no way affect the right of the performing party
thereafter to emorce the sa.nie. Nor shall waiver by such party of any breach. of any provision
hereof be taken or held to be a waiver of any succeeding breach of such provision or as a
waiver of any provision itself.
Artiele !3: ~SUlUNCE.
I
GtNERAL PROVISIONS
Hold Harmless: The OWNER shall be held harmless against all claims for bodily injury,
sickness, disease, death or personarinjury or d~tn~ge to property or loss of use resulting
therefrom, arising out of the agreement, contract or lease unless Such cl8.ims are a reSult oftbe
OWNER's sole negligence.
Payment on Behalf of-Organization: The COTRACTOR'agrees.to. pay-on-behalf of the.
OWNER, and to pay the cost of the OWNER's legal defense, as may be selected by the
.' OWNER, foi all claims described.in the Hold Harmless paragraph.
i.
':
t Such payment on behalf of the OWNER shall be in addition to any and all other legal
remedies available to the OWNER's exclusive remedy.
i Loss ControVS.afety: Precautions shall be exercised at..aJltime.s_by.the CONTRACTOR for
the protection of all persons, including empJoy~s and property. The CONTRACTOR shall
be expected to comply with all laws, regulations or ordinances related to safety and health,
shall make special e:tfu~tect hazardous conditions and shall take prompt action where
loss controVsafety me s should reasonably be expected.
. /
1 The OWNER may order work to be stopped if conditions exist that present immediate danger
~; to persons or propertY. The CONTRACTOR acknowledges that such stoppage will not shift
responsibility for any dRmages .from the CONTRACTOR to the Organization.
~
,-. PROOF OF CARRIAGE OF INSURA-NCE & NAMING CITY AS ADDmONAL INSURED
ro.
t . - - . - ~ .
Page 5 of 11
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OWNEWCONTRACTORCONTRACTAGREEMENT
CONTRAC1.'OR shall furnish the OWNER ~ satismctory proof of carriage of insurance
required herein. The successful CONTRACTOR shall name the City of Jacksonville Beach'as
additional insured on the CONTRACTOR's and any subconsultant's or subcontractor's Public
Liability, Property Damage and Comprehensive Automobile Liability Insurance policies. The
additional insured shall be provlded the same coverage as the primary insured. The proof 0 f
carriage and a copy of all policies shall be required prior,to commencement of any work on
this project. "
.
INSURANCE REOUlREMENTS:
Insurance-Basic CoverageS Required: The CONTRACTOR shall procure and DUliYlmm the
following described insurance, except for coverages specifically waived by the OWNER, on
policies and with insurers acceptable to the OWNER.
T~urance requirements sbal1 not limit the liability of the CONTRACTOR. The
o . R does not represent these types of amounts of insurance to be sufficient or adequate
to protect the CONTRACTOR 's interests or liabilities but are merely m;n1mllm~. Except fur
worker's compensation and professional liability, the CONTRACTOR's insurance policies
sbaI1 be endorsed to 'name the OWNER as additional insured to the extent oftb.e OWNER's
interests arising from this'agreemen(contract or lease. in no. case, however, sha1l coverage
for the OWNER as additional insured be any less than that for the CONTRACTOR to the
extent of the OWNER's interest arising from this agreement, Contract or lease.
Worker's Compensation Coverage: x-Required. ~ Waived .
The CONTRACTOR sball purchase and maintain worker's compeI18ation insurance for all
worker's coIripensation obligations imposed by state law and employers liability limits ofat
c least $100,000.00 each accident, $100,000.00 each employee and $500,000.00 policy limit fur
diSease,
,. The CONTRACTOR shall also purchase any,.other coverages required by law for the benefit
. of employees.
. /
General Liability Coverag1x Required _Waived
Commercial General Liability-Occurrence Form required.
H Commercial Gen~ral Liability coverage is provided:
Coverage A shall include premises, operations, products and completed operations,
independent contractors, contractual liability covering this agreement, contract or lease and
broad form property cfuma.gecoverages. .
Page 6 of 11
__ _" __ _ _...___._____________.__ M..__m,. ----~_._.-
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OWNEWCONTRACTORCONTRACTAGREEMENT
Coverage B shall include personal injury. .
;
Coverage C, medical payments, is not required.
COMPREHENSIVE GE~RAL LIABILITY: .
If Comprehensive General Liability coverage is provided it shan include at least:
Bodily uyury and property damage liability for premises/operations, products/completed
operations, independent contractors and property damage resulting from explosion, collapse
or underground (x,c,u) exposUl'\:s.
BroadVorm Comprehensive General Liability coverage, or its equivalentl with at least broad
form. ~ntractual liability covering this agreement, contract or lease, personal injury liability
and broad form property damage liability.
Amoun.ts:
Bodily Injury: $1.000.000 Each Occurrence
$1.000.000 Aggregate
Property Damage: $1.000.000 Each Occurrence
$1.000.000 Aggregate
I
Products/Completed Operations: ..,LRequired _Waived
The CONTRACTOR is required to continue to purchase products and completed operl;Uions
coverage, at least to satisfy this agreement, contract or lease, for a nnnirn1l1'o of three years
beyond the Organizations' acceptance ofr~MvatioIl OJ:: co~tiQn_proj~ts.
Amounts: $1.000..000 Aggregate
Business Auto Liability ctrage: LRequired - Waived
/
Business Auto LiabilitY Coverage is to mclude bOdily injury and pr~perty damage arising out
" of ownershipl maintenance or use of any auto, including owned, non owned and hired
r automobiles and employee non ownership use. .
(
" Amounts: Same as General Liability
~.: X
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Page 7 of 11
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O~WCONTRACTORCONTRACTAGREEMENT
Professional Liability: x.Required. _Waived
.
Amounts: x Same' as General Liability
EXCESS OR UMB~LLA LIABILITY COvtRAGE:
.
Umbrella LiabilitY'~urance is preferred, but anExces~ Liability equi:valent may be allowed.
Whichever type'of coverage is provided, it shall not be more restrictive than the underlying
insurance policy cover8.g~.
CERTIFICATES OF INSURANCE:
Required insurance shall be documented in Certificates of Insurance, which provide that the
OWNER shall be notified at least 30 days in advance of cancellation, nonrenewal or adverse
change; .
/
I
/
New Certificates of Insurance are to be provided to the OWNER at least 15 days prior to
co~rage reneWals.
j.. If requested by the OWNER, the "CONTRACTOR shall furnish complete copies of the
CONTRACTOR's insurance policies, forms and endorsements.
For Commercial General Liability coverage the CONTRACTOR shall atthe option oftb.e
f OWNER, provide anindi.cation of the amount of claims 'payments-or reserves chargeable to .
the aggregate amount of liability coverage.
i
". I
, Receipt of ~es or other documentation ofinsurance or policies or copies of policies by
:
t the OWNER, or by anyofits representatives, which indicate less coverage tbanreqtiired does
nOt constitute a waiver" of theCON'tAACtOR's obligation to fulfill' the insurance
!, requirements herein.
r:
rf .. .. ..- . ~ . "
Article 14: Indemnification
\.
~ /
[ To the fullest extent p=~ by law, CONTRACTOR shall indemnify and hold harmless
~
,. OWNE~ OWNER's 0 S, directors, partners, and 'employees from and against any and all
> costs, losses, and da1T!ages (including but not limited to all fees and charges of engineers,
r architects, attorneys and other professionals, and all court or arbitration or other dispute
f; resolution costs). daused by negligent acts or omissions of CONTRACTOR or
t CONTRACTOR's officers, directors, partners, employees, or subc9ntractors, in the
h performance and furnishing ofCONTRACT()R's' services under this Agreement.
f
'.
Article 15: Notices .
Page 8 of 11
;
-"- "_._~--------- -._-. ...---------....-- ....--...- -..-- --~ ____ __ _~__....._ - ____ __..0."- _____
I
OWNER/CONTRACTOR CONTRACT AGREEMENT
Any notice required under this Agreement will be in writing, addressed to the appropriate
party at its address on the signature page/and given personally, or by registered or certified
mail postage prepaid, or by a commercial courier service. All notices shall be effective upon
date of receipt.
.
Article 16: Survival .
All express representatlQns, indemnifications, or limitations of liability included in this
Agreement will survive its' completion or termination for any reason.
Article 17: Severability
Any provision or part of the Agreement held to be void or unenforceable under any Laws or
Regula1;ions shall be deemed stricken, and all 1'eT1laining provisions shall continue to be valid
. ~ biMing upon OWNER and CONTRACTOR, who agree that the Agreement shall be
reformed to replace such stricken provision or part thereof with a valid and enforceable
provjsion that comes as close as possible to expressing the intention of the stricken provision.
Article 18: Waiver
Non-enforcement of any provision by either party sba1l not constitute a waiver of that
provision, nor shall it affect the enforceability oftbat provision or of the remainder of this
Agreement.
Article 19: Headln~s
,
The headings used in this Agreement are for general reference only and do not have special
significance.
t Article 20: Contract Documents -
The Contract Documents which comprise the entire Agreement between the OWNER and
CONTRACTOR consist jtlie following, which are made a part thereof:
20.1 Owner/Contrac,tor Contract Agreement (pages 1 to 11, inclusive).
t-
20.2 Exhibit "A", "Request For Proposals: RFP No: 3-0203 - Infrastructure Pipe
!~ Cleaning & TV Inspection Services for the City of Jacksonville 13each, Floridafor a
Period of Three Years", consisting of -L pages. Also includes the Contractor's
proposal submitted as response to OWNER's RFP No: 3-0203.
-:- - -- '""fvv_-
Page 9 of 11
.
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-
O~WCONTRACTORCONTRACTAGREEMENT
20.3 Exhibit "B", "Price Proposal Formfor "Request For Proposals: ,RFP No: 3-0203-
Infrastructure Pipe Cleaning & TV Inspection Services for the City of Jackson vi tie
Beach, Floridafor a Period of Tftree Years", submitted by the Contractor.
20.4 Addendum numbers N/ A Through N/ A . inclusive,
,
20.5 Change Otders, Field Orders or written amendments duly delivered after execution of
, - .
Agreement.
20.6 All applicable prow,ions of the State and Federal Law, local ordinances and any
modi:ficatio~ thereo( and State of Florida Contract Provisions.
There are no Contract Documents other than those listed above in this Article 20. The
Contract Documents may only be altered, amended, or repealed in accordance with the Terms and.
Conditions.
I
Article 21: Goveminf! Law
i This Agreement shall be governed by the laws of the State of Florida. Bothparties ~ that
;
the courts of the State of I.'1orida shall have jUrisdiction ,of any c1aiIi1 arising in connection with this
'agreement., In the event of litigation arising out - of thiS' Agreement, the prevailing' party shall be
entitled to the award of attorney's fees and costs at both trial and appellate leveL
IN WIlNESS WHEREOF, the parties hereto have signed this Agreement in triplicate. One
<(-. counterpart each has been delivered to OWNER and CONTRACTOR All portions of the Contract
,
!.' Document havebeeU;signed or identified by OvlNER and CONTRACTOR,. on tbeir bebalf.
"
1,
, ,
t This Agreement will be effective on February 3.2003.
f
.,'. ~CKSONVILLEBEAC~ FLORIDA
i
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to . Bo. D.~Ma)\1rd
,
[,
,.
1. BY: ~P. ~
~ rge . Forbes, City Manag~r
.,
t ATTE z./; 7/03
f~. Date Signed:
Heidi Reagan, Ci ,
,
, CONTRACTOR: ~ ~ c:; # t
f' --. Date Signed: Z -I z,- O~
~ . .
Page 10 of 11
.---~~--~_.-.-~---------- ~ . -.- --- -- ----
, ----~------------ ----- _...------------ - -------- -------- ---------------- --------_.~ --------
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( .
OWNER/CONTRACTOR CONTRACT AGREEMENT
SlGNEDBy:9/~ /1. C~
llTLE: .~ (;U- ;7 t') e-;..,)/ '
srATE LICENCE NO: CUeD S739 ( .
(CORPORATE SEAL)
AITEST:
AGENT FOR SERVICE OF PROCESS:
~e s- 3 ~iA;jt ~~A.Wli
7ACKo!'o v r;:. Fc 32. "20 7
Address
,
Address for diving Notices: Address for Giving Notices:(Contractor)
City of JackSonville Beach Advanced. Undergronnd IJI'lAqing. Inc
Department ofPubJic Works 1853 Kini~ Avenue
11 North 3M 'Street - JacKsonville. Florida 32207
Jacksonville Beach. Florida 32250
(.'. Designated Representative Designated Representative
,
<. I (paragraph 6.02.A):
(paragraph 6.02,A): ~
~ ~~ C/~ .
WilHRm T. Edwards. P. E. ~
Title: Director of Public Works . ~/l~- /Z)G?) j
.' Phone Num~r: 904-247-6219 Phone Number: (904) 133-7324
Facsimile Number: 904-247-6117 'Pacsiiiille Nuinber: - (904) 7jj-9992--
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Page 11 of 11
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08/03/200& 11:18 9e4~247-6117 JAX SOH PUBLIC WD~S PAGlE 131
J&11UIT)l1J. 2003
TO~ Geur\Ie Porbc.. City MIlUIlIf
Jl'ROMt TyEdwarU.PublicWotkl 1AJ~1 ~
SLJItU.CTI AWIId RFl" :J.02031.lnfr~~ PI", C~ II TV ~O'll Senric..
~: 1'::::n J
~ON IlEOlUtJtD; The City Cctunoil awrud JU'1' II 3..(1203, Infru&nll~'vn Pipe CI.ean1na
and TV 1t1l1pootlan ScrvlDOS, to A~I{/ U-rrr.0rm4 11,"",11& lna.
~l
There.... .bout 83 mil.. of ICWIP ao11ocnion mair&I, lrUund 1650 sew&pl manholes, about J CiO
till lOf or II.vm1W11LfJt c:ol1eatimi maiu. and over I QJO' catch buiu., "11)C!80 pipes, runlKllcs.- al1ah
but.,. .. at vtitYlnll aizn &U1d deplhr.AouUnc, paiodic mamtaDlnCl and lmplCtlftJtlll wUl pmviclf
~ srniu to cUltonWl wttJt fewer $eW8p baclr::uplll1d olcIDa'stonn~.let pip!ngtbr rainwater
tn di..pite from the pouncIlUffliQl. :n- CitY pial to'!nl:lUle twYl'ntive rn.h~ olclDiq aDd .
televllblJ by contrlCtina till. s.eMce fur 8 3"1e1U' period. Televising wilJ provide iftlortn8tlon 101'
repeu. lIftd lW~ uMpltalimproWlMftt projeet!.
8ewlltOel1 (17) roq..... fur ~ Wtft luued.nine(9) CODnoton attended 0. 1IWlcbJ.t,~ prtl.
propct. meetlna. !Dd 'three (3) propaMls wun= roc;d\'Cd.. 'nIlsllm,," ~t will eetabli.b. firm
unit prk0fD8 fbr use by thcl CitY for 1ftnbllfutioo. oJ__. and t~le\ll.iila ....1IId IfofmWlkr
collection iDbIUVOtUtC. '('be crlWria I'Ivlewtel In the proposaltll by the nwlew team. MI'C 1)
8Jtperleu;e iD c:lcllllq COntct!m t~. 2) ~Jlce in \e1.vijiiJ.. "",Uecdon ID:ft'utnIctWtI
3) loc.al office 8IKt projtlCt twn. 4) It*baioll equipment to be 11Nd. 5) ICMao p1m.1Dd 6) aoL
Tbe CIty-, pI'OpftIII' miew team conl'iJted 'ofthe DiItrlbutioo I, Co1la:don (DIc:C) supeMtlftdem
Il1d the Straell S\l)Jerinlmdenl.
Tho unit price willi offered by ~ con1r8atM are c~ 0Jl We IIllld2ed Propcnal T&bWa&lon
Fann. The I!:h.mmlt)' AlMllmout MmIx II alJO ..hed. The 8tUJt:S80r team rUIIad A.dwJlf~d
Und.,..,otmt/llfItIIht& htc. in first place Rnd reoomm..w..awarc1lna.. the oon1llCt to thll ftmt...
FWidlrtlllavlilable in this ~'A buOpt in tbe Public. Worb 0" C Ccmtractuaf Servlcel Account
("20.0101-536-34-00) md in the StomI'Watet CafttradUal Sel'YigCI Acoouat (42J.()112-536--34..02.)1
RECOMMRNDA'UOltt City CouIwll:
n. Award ~t price coaU1P:L wr R.FP # G)-P203, tnfrutruCtUre Pipe CJcening a.ud TV lnapuoliun
Seni~ (nr A 3.year period, to A.dvt1lftwtJ V"."fI'OUWJ lmagt".,. life.
h.. Authori.. tlv! MayoranclClty MIna(ter to o.x~~tD tbo QOntraCt. and.8Uthori".. the Cj~
Manqer to approve cml2..year tenn exter'll)ott. lubjcct. to satlsfaclor)' work ciurlq the flm
WItI.
- -~ -~- - - .It
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AUG-e~-2006 10:17 ~M 1-' .. I'::J _.:,
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VI.-CONSENT AGENDA
ITEM C.l
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FO~l
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Fina] Fonn Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 December 18, 2007 December 3, 2007 (Noon) o February 19,2008 February 4,2008 (Noon)
X January 2, 2008 December 17,2007 (Noon) o March 4, 2008 February 19, 2008 (Noon)
o January ]5,2008 December 31, 2007 (Noon) o March 18, 2008 March 3, 2008 (Noon)
0 February 5, 2008 January 14, 2008 (Noon) o April I, 2008 March 17,2008 (Noon)
...1
.<
0
0 AnnouncementslPresentations 0 City Manager's Report r" .r~
CO)
NATURE OF 0 Administrative 0 New Business - ,':J
- ~ ,)
... "
AGENDA ITEM X Consent Agenda 0 Legal
' ,~.-
; ---'1
0 Code Compliance & Legal Settlements 0 Unfinished Business --
0 0 C)
Public Hearing " .')
W
N I~';'::
RECOMMENDATION: Amend Resolution No. R07-120 deleting Lori Laverriere, Interim Director of Finanti~1
Services and adding E. Barrett Atwood, Director of Financial Services for the City Of Boynton Beach to the list of
designated individuals authorized as signatories for all City accounts at the Bank of America.
EXPLANATION: The Bank of America requires a Resolution approved by the City Commission listing authorized
signers for the City's bank accounts. The signature resolution needs to be amended to add new Director of Financial
Services, E. Barrett Atwood. The current authorized signers are: Jerry Taylor, Mayor; Lori Laverriere, Interim
Director of Financial Services; and Bobby J. Jenkins, Jr., Assistant Director of Financial Services.
PROGRAM IMPACT: NONE
FISCAL IMP ACT: NONE
ALTERNATIVES: NONE
~
Department Head's Signature City Manager's Signature
Assistant to City Manager
"- of ,A--LcfQ p~
~
Department Name City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
I
1 RESOLUTION NO. R08-
2 I
3 I A RESOLUTION OF THE CITY COMMISSION OF THE
4 I CITY OF BOYNTON BEACH, FLORIDA, AMENDING
5 THE SIGNATURE RESOLUTION FOR CITY
6 ACCOUNTS AT BANK OF AMERICA; AUTHORIZING
7 THE EXECUTION OF A REVISED SIGNATURE
8 RESOLUTION; AND PROVIDING AN EFFECTIVE
9 DATE.
10
11 WHEREAS, the City Commission of the City of Boynton Beach approved Resolution
12 No. R07-120, designating specified individuals as authorized signatories on City accounts at
13 Bank of America; and
14 WHEREAS, due to the hiring of E. Barrett Atwood, Sf., as the City's Director of
15 Financial Services, it is necessary to remove Lori Laverriere, Interim Director of Financial
16 Services as an authorized signatory on City accounts at Bank of America; and
17 WHEREAS, the City Commission of the City of Boynton Beach, hereby deems it to
18 be in the best interests of the citizens and residents of the City of Boynton Beach, to amend
19 Resolution No. R07-120 to remove Lori Laverriere and to add E. Barrett Atwood, Sf., to the
20 list of designated individuals authorized as signatories for all City accounts at Bank of
21 America;
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
24 I Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
25 being true and correct and are hereby made a specific part of this Resolution upon adoption
26 hereof.
27 Section 2, Resolution No. R07-120, is hereby amended to provide that the
28 following individuals are designated as authorized signatories on City accounts at Bank of
S:ICAIRESO\Agreements\Authorizing Signatures Bank Amercia 010208,doc
1 America:
2 Mayor Jerry Taylor
3 E. Barrett Atwood, Sr., Director of Financial Services
4 Bobby Jenkins, Jr., Assistant Director of Financial Services
5
6 Section 3. The City Commission of the City of Boynton Beach, Florida does
7 hereby authorize execution of any documents from Bank of America necessary to amend the
8 list of authorized signatories on City accounts.
9 Section 4. This Resolution shall become effective immediately upon passage.
10
11 PASSED AND ADOPTED this _ day of January, 2008.
12
13 CITY OF BOYNTON BEACH, FLORIDA
14
15
16 Mayor - Jerry Taylor
17 II I
18
19 I Vice Mayor - Jose Rodriguez
20 I
21
22 Commissioner - Ronald Weiland
23
24
25 Commissioner - Woodrow L. Hay
26
27
28 Commissioner - Marlene Ross
29 ATTEST:
30
31
32 Janet M. Prainito, CMC
33 City Clerk
34
35
36 (Corporate Seal)
37
38
:\CA\RESO\Agreements\Authorizing Signatures Bank Amercia 010208,doc
VI.-CONSENT AGENDA
ITEM C.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
o December 18, 2007 December 3,2007 (Noon) o February 19,2008 February 4, 2008 (Noon)
rgJ January 2, 2008 December 17,2007 (Noon) o March 4, 2008 February] 9,2008 (Noon)
o January 15,2008 December 31,2007 (Noon) o March] 8,2008 March 3, 2008 (Noon)
o February 5, 2008 January 14,2008 (Noon) o April 1, 2008 March 17,2008 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM rgJ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDA TION: Motion to authorize execution of an agreement, by resolution, with the
South Florida Water Management District (SFWMD) to accept a $1,505,900 grant for Phase lA,
Reclaimed Water Distribution and Recharge System Project.
EXPLANATION: On June 1, 2007, a grant application was submitted to SFWMD that requested
funding through the district's Alternative Water Supply Funding Program, Fiscal Year 2008. The
application was prepared by Mathews Consulting, Inc., the Engineer of Record for this project.
The project is divided into two (2) separate phases, Phase 1A and Phase 1B; Phase 1A is ~urrendy
in design and the grant agreement provides approximately 40% of construction costs for-:Phase-<
1A 0 ')
, I::!) -T1
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PROGRAM IMP ACT: Increased ground water withdrawal allocations to meet future deh1ands?
are becoming more difficult for municipalities to obtain from the SFWMD; grant funding:U
available to eligible municipalities with approved projects to promote the use of alternativ~aier-
programs. Implementation of reclaimed water systems is one of the most effective method(:.
recognized by SFWMD to offset consumptive use demands. ....J ')
Phase 1A project consists of approximately 8,350 linear feet of 24-inch reclaimed water main,
1,800 linear feet of 8-inch reclaimed water main and 3,800 linear feet of 6-inch reclaimed water
main to serve reuse users in the project area and provide reclaimed water to the City's wellfield
recharge area located directly east and west of 1-95 between Woolbright Road and Golf Road.
When Phase 1A is complete it will increase reuse water availability by 0.455 mgd (million gallons
per day). Subsequently, Phase lA and Phase IB combined will increase reuse water availability
by 0.966 mgd.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM ,DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
FISCAL IMPACT: Estimated costs included in the City's 2007/2008 budget for Phase lA are
$4,108,000. The execution of the grant agreement will offset $1,505,900 or 37% of budgeted
funding.
Total estimated project construction costs for Phase lA and Phase IB are $6,335,000; Phase IB is
included in the City's 2008/2009 budget ($2,227,000). The City may be eligible for additional
funding from the district's Fiscal Year 2009.
AL TERNA TIVES: Tighter regulations for ground water withdrawals are necessary to preserve
our natural resources for future consumptive use demands. The City is taking a proactive
approach through the design of a reclaim water and wellfield recharge system, increasing reuse
water availability by 0.455 mgd. The alternative would be to halt the project and not be able to
utilize the costs savings provided through the grant.
The Utilities Department recommends the execution of the grant agreement with the SFWMD.
t~~
City Manager's Signature
Assistant to City Manage~
Utilities / \,
Department Name City Attorney/Finance
bc: Kofi Boateng, Utilities Director
Pete Mazzella, Deputy Utilities Director
Barb Conboy, Manager Administration/Finance
Chris Roschek, Manager Engineering Division
Debbie Majors, Grant Coordinator
Utilities Project File (Karen Riseley)
S\BULLETIN FORMS\AGENDA ITEM REQUEST FORM DOC
. r I
1 RESOLUTION NO. R08-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND DIRECTING THE CITY
5 MANAGER TO EXECUTE A FUNDING AGREEMENT
6 BETWEEN THE CITY OF BOYNTON BEACH AND
7 SOUTH FLORIDA WATER MANAGEMENT DISTRICT,
8 PROVIDING FOR A $1,505,900.00 GRANT FOR PHASE
9 lA, RECLAIMED WATER DISTRIBUTION AND
10 RECHARGE SYSTEM PROJECT; AND PROVIDING AN
11 EFFECTIVE DATE.
12
13 WHEREAS, the City of Boynton Beach has been awarded a $1 ,505,900 grant from
14 the South Florida Water Management District; and
15 WHEREAS, increased ground water withdrawal allocations to meet future demands
16 are becoming more difficult for municipalities to obtain from the South Florida Water
17 Management District; and
1811 WHERAS, grant funding is available to eligible municipalities with approved I
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19 I projects to promote the use of alternative water programs; and
20 WHEREAS, Implementation of reclaimed water systems is one of the most
21 effective methods recognized by the South Florida Water Management District to offset
22 consumption use demands.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
26 being true and correct and are hereby made a specific part of this Resolution upon adoption
27 hereof.
28 Section 2. The City Commission of the City of Boynton Beach hereby authorizes
29 and directs the City Manager to execute a Funding Agreement between the City of Boynton
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1 Beach and the South Florida Water Management District for Phase 1 A ofthe Reclaimed Water
2 Distribution and Recharge System Project, a copy of which is attached hereto as Exhibit "A",
3 I Section 3. This Resolution shall become effective immediately upon passage,
41 PASSED AND ADOPTED this _ day of January, 2008.
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61 ! CITY OF BOYNTON BEACH, FLORIDA
711
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1; I Mayor - Jerry Taylor
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12 I Vice Mayor - Jose Rodriguez
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16 i' Commissioner - Ronald Weiland
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18 I Commissioner - Woodrow L. Hay
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2211 Commissioner - Marlene Ross
23:1 ATTEST:
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~~ II Janet M, Prainito, CMC
28 II City Clerk
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311 (Corporate Seal)
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LORIGINAL .J.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
2007 - 2008 AL TERNA TIVE WATER SUPPLY
FUNDING PROGRAM .- ~ G - r. - "" ~
O!~t. ,)t.~' ~f~k.&
Recipient: City of Boynton Beach
Recipient's Project Manager:
Kofi Boateng, Director of Utilities
Address: 124 E. Woolbright Road
Boynton Beach, FL 33435
Telephone No: (561) 742-6400
Fax No: (561) 742-6298
SFWMD Project Manager: Moysey Ostrovsky
Telephone No.: (561) 682-6525
E-mail Address: mostrovs@sfwmd.gov
Fax No, (561) 682-5242
Contract Specialist: Betty Thayer
Telephone No.: (561) 682-6011
Fax No.: (561) 682-5117
Address:
3301 Gun Club Road
West Palm Beach, FL 33406
Insurance: Not Applicable
Federal Employer Identification Number: 59-6000282
Project Title: FY2008 A WS - Project # LEC-42
Descri tion: City of Boynton Beach Phase IA Reclaimed Water Distribution and Recharge S stem
Agreement No. 4600001189, Page 1 of 11
This Agreement is entered into between "the Parties," the South Florida Water Management
District, the "District", and the undersigned party, hereinafter referred to as the "Recipient."
The Recipient warrants and represents that it has no obligation or indebtedness that would
impair its ability to fulfill the terms and conditions of this Agreement, and shall abide by all
legal, financial and reporting requirements, such as matching funds and final reports for all
funding received by the Recipient from the District.
ARTICLE 1 - PROJECT
1.1 The Recipient shall, to the satisfaction of the District, fully and timely construct and
perform all work items described in the "Statement of Work," attached hereto as Exhibit
"A", hereinafter referred to as the "Project", and made a part of this Agreement.
1.2 As part of the deliverables to be provided by the Recipient under this Agreement, the
Recipient shall substantiate, in whatever form reasonably requested by the District, any
supporting documentation utilized as a basis for payment by the District. This paragraph
shall survive the expiration or termination of this Agreement.
1.3 Attached to this Agreement are the following exhibits which are incorporated herein:
Exhibit A Statement of Work
Exhibit B Payment and Deliverable Schedule
Exhibit C Reporting Farm
Exhibit D Federal/State Funding Resources
ARTICLE 2 - TERM OF THE AGREEMENT
2.1 The period of performance of this Agreement shall be the dates noted on the first page of
this Agreement.
2.2 The Parties agree that time is of the essence in the performance of each and every
obligation under this Agreement.
ARTICLE 3 - COMPENSATION / CONSIDERATION
3.1 As consideration for the Project required by this Agreement, the District shall pay the
Recipient the funding amount as specified on page one of this Agreement. Such amount
is not to exceed the specified amount and therefore, no additional consideration shall be
authorized. The Recipient shall provide at least sixty percent (60%) of the Project's
construction cost, unless a different amount is authorized pursuant to s, 373 ,1961 (3)( e),
Florida Statutes, The District will make funding payments only to reimburse for work
completed between October 1,2007 and August 29,2008.
Agreement No, 4600001189, Page 2 of] 1
3.2 The Recipient assumes sole responsibility for all work which is performed pursuant to
Exhibit "A". By providing funding hereunder, the District does not make any warranty,
guaranty or any representation whatsoever regarding any of the work performed
hereunder, including but not limited to, the adequacy or sufficiency of all or any part of
work described in Exhibit "A".
3.3 The Recipient hereby agrees not to use District funding for any work associated with the
research, design and permitting aspects of the Project. District funds shall only be used for
the construction activities described in Exhibit "A".
3.4 The Recipient agrees to reimburse the District funds provided through this Agreement
for facilities (i,e. test/production wells, etc.) that do not become an operational component
of the overall alternative water supply facility within the timeframe established in the
proposal. Notwithstanding anything in this Agreement to the contrary, this paragraph shall
remain in full force and effect for ten (10) years from the date of contract execution.
3.5 Notwithstanding any provisions of this Agreement to contrary, the District reserves the
right, without financial or other penalty or obligation, to (1) cancel this contract and/or (2)
reduce the amount of funding to be provided by the District pursuant to this Agreement in
the event that the District does not receive all or any part of the $18,000,000 state
appropriation for alternative water supply from the State of Florida as provided in the
State's 2008 fiscal year budget (SB 2800/Ch. 2007-72, Laws of Florida). The Recipient
shall indemnify and hold the District, its officers, directors board members, agents assigns
and employees, from liability, claims, damages, losses or costs should the District cancel
this Agreement or reduce the funding amounts in this contract pursuant to this paragraph.
ARTICLE 4 - FUNDING PAYMENTS AND REPORTING
4.1 The District shall make payment to the Recipient upon completion and acceptance of the
final deliverable(s) as described in the "Payment and Deliverable Schedule", attached
hereto as Exhibit "B". On or before August 29, 2008, the Recipient shall provide a
completed Project Summary Final Report, attached hereto as Exhibit "C". Concurrent with
delivery of the final deliverable(s), the Recipient shall provide certification that all
construction has been completed in accordance with Exhibit "A" of this Agreement.
4.2 The Recipient's invoice(s) shall reference the District's Agreement Number and shall be
sent to the following address:
South Florida Water Management District
ATTN: Accounts Payable
PO Box 24682
West Palm Beach, FL 33416-4682
The Recipient shall not submit an invoice to any other address at the District. In order to
expedite the invoice review and approval process, the Recipient also shall submit an
Agreement No, 4600001189, Page 3 of I I
electronic copy of each invoice to the Project Manager. The Recipient invoices shall
contain the backup documentation necessary (e.g" contractor invoices) for the Project
Manager to be able to ascertain clearly that each final deliverable in the invoice has been
substantially complete.
4,3, Upon completion of the Project, any data that was generated during the performance of the
Project shall be submitted to the District upon request.
New Well Construction Proiects: For projects involving construction of new wells. the
Recipient shall:
l. Submit design of well construction and testing programs to the District for review and
comment prior to implementation. The Recipient shall integrate the District's
comments into the final testing plan where feasible.
2. Submit all pertinent well information collected during well construction and testing
(i,e., depths, cuttings descriptions, geophysical logs, aquifer test data, etc.), as available,
Submissions shall be provided electronically as specified by the District
3. If the final location of the welles) varies from the original location specified in the
Consumptive Use or other permit or permit applications, the Recipient shall provide
the Project Manager with written proof that the appropriate permitting agency contact
is aware of and agrees with the changes.
The data shall be archived in the District's permanent database and available to the public.
Please contact Emily Richardson (561) 682-6824, Emilv.Richardsonrmsfwmd.gov, for
instructions on submitting data.
4.4 The Recipient shall provide to the District regular project update/status reports by
December 1, 2007, February 1, 2008; April 1, 2008; and June 1, 2008, Reports shall
provide detail on the progress of the Project and outline any potential issues affecting
Project completion or overall schedule, Status reports may be submitted in any form agreed
to by District project manager and the Recipient, and may include emails, memos, and
letters,
4,5 In accordance with Section 373,0361 (7) (b) of the Florida Statutes, the Recipient shall
provide an annual status update to the District detailing the progress of the Project.
ARTICLE 5 - CONTRACT MANAGEMENT
5,1 The Parties shall direct all matters arising in connection with the performance of this
Agreement to the attention of the Project Manager for attempted resolution or action, The
Project Manager shall be responsible for overall coordination and oversight relating to the
performance of this Agreement.
5,2 All notices, demands or other communications regarding this Agreement, other than those
set forth in paragraph 4.2 above, shall be in writing and forwarded to the attention of both
Agreement No, 4600001189, Page 4 of 1 ]
the Project Manager and the Contract Specialist noted on the first page of this Agreement
by certified mail, return receipt requested.
5.3 Should either Party change its address, written notice of such new address shall promptly
be sent to the other Party.
5.4 All correspondence to the District under this Agreement shall reference the District's
Agreement Number.
ARTICLE 6 - TERMINATION / REMEDIES
6.1 It is the policy of the District to encourage good business practices by requiring recipients
to materially perform in accordance with the terms and conditions of the Agreement. In
accordance with Chapter 40E-7, Part II of the Florida Administrative Code, "Material
Breach" is defined as any substantial, unexcused non-performance by failing to perform an
act that is an important part of the transaction or performing an act inconsistent with the
terms and conditions of the Agreement.
If the Recipient materially fails to fulfill its obligations under this Agreement, the District
will provide written notice of the deficiency by forwarding a Cure Notice citing the specific
nature of the material breach. The Recipient shall have thirty (30) days to cure the breach.
If the Recipient fails to cure the breach within the thirty (30) day period, the District shall
issue a Termination for Default Notice. Once the District has notified the Recipient that it
has materially breached its contract with the District, by sending a Termination for Default
Notice, the District's Governing Board shall determine whether the Recipient should be
suspended from doing future work with the District, and if so, for what period of time. The
District's Governing Board will consider the factors detailed in Chapter 40E-7, Part II of
the Florida Administrative Code in making a determination as to whether a Recipient
should be suspended, and if so, for what period of time. Should the District terminate for
default in accordance with this provision, the District shall be entitled to recover
procurement costs in addition to all other remedies under law and/or equity_
6.2 The District may terminate this Agreement at any time for convenience upon thirty (30)
calendar days prior written notice to the Recipient. The performance of work under this
Agreement may be terminated by the District in accordance with this clause in whole, or
from time to time in part, whenever the District shall determine that such termination is in
the best interest of the District. Any such termination shall be effected by delivery of a
Notice of Termination to the Recipient, specifying the extent to which performance of
work under the Agreement is terminated, and the date upon which such termination
becomes effective. In the event of termination, the District shall compensate the Recipient
for all authorized and accepted work performed through the termination date. The District
shall be relieved of any and all future obligations hereunder, including but not limited to,
lost profits and consequential damages under this Agreement. The District may withhold
all payments to the Recipient for such work until such time as the District determines the
exact amount due to the Recipient.
Agreement No. 4600001189, Page 5 of 11
6.3 In the event a dispute arises, which the Project Managers cannot resolve between
themselves, the Parties shall have the option to submit to non-binding mediation. The
mediator or mediators shall be impartial, shall be selected by the Parties, and the cost of the
mediation shall be borne equally by the Parties. The mediation process shall be confidential
to the extent permitted by law.
6,4 Notwithstanding anything in this Agreement to the contrary, the District reserves the right
to terminate this Agreement immediately without notice in the event any of the
representations contained in the Recipient's project proposal are found to be false or if the
Recipient fails to complete the construction and performance of all work items described
in Exhibit A, Statement of Work.
ARTICLE 7 - RECORDS RETENTION
7.1 The Recipient shall maintain records and the District shall have inspection and audit rights
as follows:
A. Maintenance of Records. The Recipient shall maintain all financial and non-financial
records and reports directly or indirectly related to the negotiation or performance of
this Agreement, including supporting documentation for any service rates, expenses.
research or reports. Such records shall be maintained and made available for inspection
for a period of five (5) years from completing performance and receiving final payment
under this Agreement.
B. Examination of Records. The District or designated agent shall have the right to
examine in accordance with generally accepted governmental auditing standards all
records directly or indirectly related to this Agreement. Such examination may be
made only within five (5) years from the date of final payment under this Agreement
and upon reasonable notice, time and place,
C. Extended Availability of Records for Legal Disputes. In the event the District should
become involved in a legal dispute with a third party arising from performance under
this Agreement, the Recipient shall extend the period of maintenance for all records
relating to this Agreement until the final disposition of the legal dispute, All such
records shall be made readily available to the District.
D. Periodic Audits. The District shall perform audits periodically to ensure funding
objectives are being met.
7.2 Whenever the District's contribution includes state or federal appropriated funds, the
Recipient shall, in addition to the inspection and audit rights set forth in Article 7,1 above.
maintain records and similarly require each subcontractor to maintain and allow access to
such records in compliance with the requirements of the Florida State Single Audit Act and
the Federal Single Audit Act, as follows:
Agreement No, 4600001189, Page 6 of 11
A. Maintenance of Records: The District shall provide the necessary information to the
Recipient as set forth in Exhibit "D."
B. The Recipient shall maintain all financial/non-financial records through:
(1) Identification of the state or federal awarding agency, as applicable
(2) Project identification information included in the Catalog of State Financial
Assistance (CSF A) or the Catalog of Federal Financial Assistance (CFDA), as
applicable
(3) Audit and accountability requirements for state projects as stated in the Single
Audit Act and applicable rules of the Executive Office of Governor, rules of the
Chief Financial Officer and rules of the Auditor General and the State Projects
Compliance Supplement
(4) Audit/accountability requirements for federal projects as imposed by federal
laws and regulations
(5) Submission of the applicable single audit report to the DISTRICT, as
completed per fiscal year
C. Examination of Records: The District or designated agent, the state awarding agency,
the state's Chief Financial Officer and the state's Auditor General and/or federal
awarding agency shall have the right to examine the Recipient's financial and non-
financial records to the extent necessary to monitor the Recipient's use of state or
federal financial assistance and to determine whether timely and appropriate corrective
actions have been taken with respect to audit findings and recommendations which
may include onsite visits and limited scope audits.
ARTICLE 8 - STANDARDS OF COMPLIANCE
8.1 The Recipient, its employees, subcontractors or assigns, shall comply with all applicable
federal, state and local laws and regulations relating to the performance of this Agreement.
The District undertakes no duty to ensure such compliance, but will attempt to advise the
Recipient, upon request, as to any such laws of which it has present knowledge.
8.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it
is necessary for either party to initiate legal action regarding this Agreement, venue shall
be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of
Florida for any claims, which are justifiable in federal court.
8,3 The Recipient shall allow public access to all Project documents and materials in
accordance with the provisions of Chapter 119 of the Florida Statutes. Should the
Recipient 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 Recipient.
Agreement No, 4600001189, Page 7 of 11
8.4 Pursuant to Section 216,347 of the Florida Statutes, the Recipient is prohibited from the
expenditure of any funds under this Agreement to lobby the Legislature, the judicial
branch or another state agency.
8.5, The Recipient has obtained, at its sole expense, all necessary licenses, authorizations and
permits from the appropriate private party or federal, state, municipal or local agency, and
other governmental approvals, prior to commencing performance of this Agreement. The
Recipient agrees to comply with the terms and conditions of all permits.
8,6 The Recipient hereby assures that no person shall be excluded on the grounds of race.
color, creed, national origin, handicap, age or sex, from participation in, denied the benefits
of, or is otherwise subjected to discrimination in any activity under this Agreement. The
Recipient shall take all measures necessary to effectuate these assurances,
8,7 Pursuant to Section 287.133 of the Florida Statutes, a person or affiliate who has been
placed on the convicted vendor list may not submit a bid, proposal, or reply to a request to
provide any goods or services related to the construction of the Project contemplated
herein. Recipient also assures that it is not on the District's Suspension of Contractors
List. Recipient agrees to include a provision to this effect in all requests for proposals and
subcontracts related to construction of this Project.
8,8 A Recipient who operates a public water supply utility shall, by June 1, 2008 adopt a rate
structure that will promote the conservation of water and promote the use of water from
alternative water supplies and shall provide the District with a copy of such adopted rate
structure on or before August 29, 2008,
8,9 Recipient of funds for a reuse project shall provide a status report by August 29, 2008
addressing the following issues: (1) accounting of reclaimed water usage and method used
(meters, etc.); (2) all rates and charges for reclaimed water; (3) the status of implementing
public education programs to inform the public about water issues, water conservation and
the importance and proper use of reclaimed water; and (4) providing the District with the
location of each reuse facility owned by the Recipient.
8,10 This paragraph shall remain in full force and effect for twenty (20) years from the date of
contract execution. After construction is completed on the Project, the Recipient shall
continuously operate the Project as described in the Project proposal and consistent with
the applicable water use permit(s). In the event the Project is not operated in accordance
with these requirements, the District may cease funding for this Project and any future
Projects proposed by the Recipient. All other provisions of this contract shall terminate on
September 30,2008,
8,11 Recipient shall implement a public education program to inform the public about the
environmental and other public benefits of the Alternative Water Supply project and shall
provide the District with a copy of such public education program on or before August 29,
2008,
Agreement No, 4600001189. Page 8 of II
ARTICLE 9 - INDEMNIFICATION AND INSURANCE
9.1 For value received, which is hereby acknowledged, the Recipient shall defend, indemnify,
save, and hold the District, its officers, directors, board members, agents, assigns, and
employees harmless from liabilities, damages, losses, and costs, including but not limited
to reasonable attorney's fees, to the extent caused by the negligence, recklessness or
intentionally wrongful conduct of the Recipient and other persons employed or utilized by
the Recipient in the performance of the Agreement. The District shall have the right to
approve counsel selected by the Recipient to defend the District in the event the District is
named in any legal action,
The Recipient further acknowledges that it is solely responsible for ensuring its
compliance and the compliance of its subcontractors, suppliers, agents, assigns, invitees
and employees with the terms of this Agreement. This paragraph shall survive the
expiration or termination of this Agreement.
ARTICLE 10 - RELATIONSHIP BETWEEN THE PARTIES
10.1 The Recipient shall be considered an independent contractor and neither party shall be
considered an employee or agent of the other party. Nothing in this Agreement shall be
interpreted to establish any relationship other than that of an independent contractor
between the parties and their respective employees, agents, subcontractors, or assigns
during or after the performance of this Agreement. Both parties are free to enter into
contracts with other parties for similar services.
10.2 The Recipient shall not assign, delegate or otherwise transfer its rights and obligations as
set forth in this Agreement without the prior written consent of the District. Any attempted
assignment in violation of this provision shall be null and void,
10.3 It is the intent and understanding of the Parties that this Agreement is solely for the benefit
of the Recipient and the District. No person or entity other than the Recipient or the
District shall have any rights or privileges under this Agreement in any capacity
whatsoever, either as third party beneficiary or otherwise.
ARTICLE 11 - GENERAL PROVISIONS
11.1 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be
held liable for any failure or delay in the performance of this Agreement that arises from
fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather,
outbreak of war, restraint of government, riots, civil commotion, force majeure, act 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 of such circumstances, but this Agreement shall otherwise remain in
effect. This provision shall not apply if the Statement of Work, Exhibit "A" of this
Agreement No, 4600001189, Page 9 of 11
Agreement specifies that performance by the Recipient is specifically required during the
occurrence of any of the events herein mentioned,
11.2 Any inconsistency in this Agreement shall be resolved by glvmg precedence in the
following order:
(a) Terms and Conditions outlined in Articles 1-11
(b) Exhibit "A" Statement of Work
(c) All other exhibits, attachments and documents specifically incorporated herein by
reference
11.3 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.
11.4 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 hereoL 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 the Agreement
shall remain operable, enforceable and in full force and effect to the extent pemlitted by
law,
11,5 This Agreement may be amended only with the written approval of the Parties.
11.6 This Agreement states that all publicity/public awareness media shall be jointly planned by
the Recipient and the District and any and all materials. events. or endorsements arising
out of this award shall require prior District approval.
11,7 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 Recipient recognizes that any representations, statements or
negotiations made by District staff do not suffice to legally bind the District in a
contractual relationship unless they have been reduced to writing and signed by an
authorized District representative, This Agreement shall insure to the benefit of and shall
be binding upon the parties, their respective assigns, and successors in interest.
11,8 This Agreement is subject to and governed by the provisions applicable to it contained in
sections 373.0831 and 373,1961, Florida Statutes (2004), as amended by Chapter No,
2005-291 (SB 444, Laws of Florida).
Agreement No, 460000 J J 89, Page J 0 of I J
IN WIlNESS WHEREOF, the Parties or their duly authorized representatives hereby execute
this Agreement on the date written below.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT,
BY ITS GOVERNING BOARD
By:
Frank Hayden, Procurement Director
Date:
SFWMD Procurement Approved:
By: Date:
SFWMD Office of Counsel Approved:
By: Date:
Entity's Legal Name:
By Authorized Official:
Printed Name:
Title:
Date:
Agreement No. 4600001189, Page 11 of 11
Exhibit" A"
Statement of Work
Phase lA, Reclaimed Water Distribution and Recharge System, Part 3 of 3
City of Boynton Beach
A. Introd uction/Background
Since a large percentage of the City of Boynton Beach's (City) land area has been developed, the City has
shifted its focus from growth management to renewal and redevelopment of both its infrastructure and its
natural resources. As the demand on ground water resources continues to increase throughout South
Florida, the availability of future raw water supply becomes more questionable. Increased ground water
withdrawal allocations to meet future demands are becoming more and more difficult for municipalities to
obtain from the South Florida Water Management District (SFWMD), unless alternative programs that
offset consumptive use demands are utilized. Implementation of reclaimed water use programs is one of
the most effective methods recognized by SFWMD to offset consumptive use demands,
In an effort to identify means to achieve reclaimed water use within the City's service area, in February
2007 the City completed the "City of Boynton Beach Supplemental Phase I Reclaimed Water System
Plan", The purpose of the Plan is to identify the pipeline sizing and routing to serve identified users
within the Phase I area.
The potential Phase I reclaimed water users were identified as follows:
. Congress A venue Park
. Crosspointe Elementary School
. Bethesda Service Center
. Caloosa Park
. South Tech
. Highpoint Residential
. Little League Ball Park
. Boynton Beach Cemetery
. Forest Park Elementary
. Boynton Beach WTP
. Snug Harbor
. Sterling Village
. Pence Park
. Boynton Beach Civic Center
The project will also provide reclaimed water to the City's wellfield recharge area located directly east
and west of 1-95 between Woolbright Road and Golf Road, The capacity of the recharge area has not
been determined. The City intends to design, construct and place on-line the Phase I reclaimed water
system over the next 18 months.
B. Objectives
The objective of this project is the implementation of the first phase (Phase lA) a reclaimed water system
within the City of Boynton Beach and to provide up to 0.445 million gallons per day (MGD) of reclaimed
water use.
Page 1 of2, Exhibit "A" to Agreement No, 4600001189
C. Scope of Work
The City of Boynton Beach will construct a reclaimed water system which consists of approximately
8,350 LF of 24-inch reclaimed water main, 1,800 LF of 8-inch reclaimed water main and 3,800 LF of 6-
inch reclaimed water main and associated piping and valves to serve the Phase lA (Bethesda Service
Center, Caloosa Park, South Tech, Congress Avenue Park, Crosspointe Elementary School) reclaimed
water service and recharge area.
D. Work Breakdown Structure
The work breakdown structure associated with this project is described below. Note that if the project is
completed prior to the due date of a Status Report (Tasks 1-4), then the Status Report shall be replaced by
the Final Report and subsequent Status Reports shall not be required.
Task 1 - Status Report: Recipient shall submit to the project manager a status report summarizing
progress made to date, issues of concern potentially affecting project performance, and any other
information pertinent to the project.
Delivery Date: December 1, 2007
Task 2 - Status Report: Recipient shall submit to the project manager a status report summarizing
progress made to date, issues of concern potentially affecting project performance, and any other
information pertinent to the project.
Delivery Date: February 1,2008
Task 3 - Status Report: Recipient shall submit to the project manager a status report summarizing
progress made to date, issues of concern potentially affecting project performance, and any other
information pertinent to the project.
Delivery Date: April 1, 2008
Task 4 - Status Report: Recipient shall submit to the project manager a status report summarizing
progress made to date, issues of concern potentially affecting project performance, and any other
information pertinent to the project.
Delivery Date: June 1,2008
Task 5 - Recipient shall construct approximately 6,850 linear feet (LF) of 24-inch, 1,500 LF of 8-inch,
and 3,500 LF of6-inch reclaimed water main and associated piping and valves to serve Phase lA.
Delivery Date: August 29, 2008
Task 6 - Recipient shall construct approximately 1,200 LF of 24-inch reclaimed water main via
directional drill method under CSX RR & 1-95.
Delivery Date: August 29,2008
Task 7 - Recipient shall construct approximately 300 LF of 24-inch, 300 LF of 8-inch and 300 LF of 6-
inch reclaimed water main via directional drill method under Congress A venue.
Delivery Date: August 29, 2008
Task 8 - Final Report: Recipient shall submit to the project manager a Final Project Report
summarizing all work performed during the course of the project.
Delivery Date: August 29, 2008
Page 2 of2, Exhibit "A" to Agreement No. 4600001189
EXHIBIT "B"
SUMMARY SCHEDULE OF TASKS AND DELlVERABLES
. The schedule set forth below is based on a one (1) year agreement from October 1, 2007 to
September 30,2008,
. Total payment by the District to Boynton Beach shall not exceed the amount of $1,505,900,
Payment shall be made following receipt and acceptance by the District of project deliverables in
accordance with the schedule set forth below, The Recipient hereby agrees to provide the District
all deliverables, data, and information described in the Statement of Work.
. Invoices for completed deliverables shall be submitted to the District for payment by August 29,
2008, However, the Recipient is encouraged to arrange for deliverable inspection and invoice as
soon as a deliverable has been completed,
. Reporting requirements are also part of this exhibit. The Recipient shall provide regular project
update/status reports by December 1, 2007; February 1, 2008; April 1, 2008; and June 1, 2008,
Reports will provide detail on the progress of the project and outline any potential issues affecting
project completion or overall schedule. Status reports may be submitted in any form agreed to by the
District Project Manager and the Recipient, and could include emails, memos, and letters,
. If the total consideration for this Agreement is subject to multi-year funding allocations, funding for
each applicable fiscal year of this Agreement will be subject to Governing Board budgetary
appropriation. In the event the District does not approve funding for any subsequent fiscal year, this
Agreement shall terminate upon expenditure of the current funding, notwithstanding other provisions
in this Agreement to the contrary,
1 Status Report N/A December 1, 2007 N/A
2 Status Report N/A February 1, 2008 N/A
3 Status Report N/A April 1, 2008 N/A
4 Status Report N/A June 1, 2008 N/A
Construction of approx, 6,850 LF
of 24-inch, 1,500 LF of 8-inch, August 29, 2008 I
5 and 3,500 LF of 6-inch reclaimed N/A $660.750
water main and assoc, piping and
valves to serve Phase 1 A
Construction of approx, 1,200
6 linear feet of 24-inch reclaimed August 29, 2008 N/A $746,050
water main via directional drill
method under CSX RR & 1-95
Construction of approx, 300 LF of
24-inch, 300 LF of 8-inch and 300
7 LF of 6-inch reclaimed water August 29, 2008 N/A $99,100
main via directional drill method
under Con ress Avenue
8 Final Project Report N/A August 29, 2008 N/A
TOTAL DISTRICT PAYMENT $1,505,900
Total construction Cost This Phase $4,058,000
Page 1 of2, Exhibit "B" to Agreement No, 4600001 189
* The deadline for the final invoice submittal is August 29, 2008, However, this invoice could be submitted
before August 29, 2008
** Final payment is based on the total estimated construction cost this phase. An actual cost less than the estimated
cost may result in a reduced final payment.
If the project includes well drilling and testing, deliverables must include copies of all hydrogeologic data
collected in the course of drilling and testing, in the SFWMD specified format. An electronic copy of the
SFWMD specified format is available via email. Contact the appropriate SFWMD Project Manager to
request one.
Page 2 of2, Exhibit "B" to Agreement No, 4600001189
EXHIBIT "C"
REPORTING FORM
Project Summary Final Report - FY 2008
Project Name Project Manager
SFWMD Contract Number Project Owner
Describe Project constructed:
Type of Quantity of Water Made Available
Alternative Water (MGD) U on Com letion of This Phase Construction Duration
Supply Pro osed Actual Start L Finish ,
_------1
I
I
..--~.~--_.~-----'
Pro osed (this FY) Actual (this FY) .-
Total Construction Cost - This Phase $
District funding this phase $ [$ -_._-------~._...~
i
Local funds $ ~----~---- -------
Other funding source I I
I
From: 1$ 1$
TOTAL I I .__.._-_.~------<
I ----..------.-.--'
Attach map and photo(s) of project on CD, if available. The District will make funding payments only to
reimburse for work completed between October 1, 2007 and August 29,2008.
To the best of my knowledge, the above information is correct
Chief Financial Officer
Project Manager
Page 1 of 1, Exhibit "e" to Agreement No, 4600001189,
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VI.-CONSENT AGENDA
ITEM C.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
0 December 1 S, 2007 December 3, 2007 (Noon) o February 19, 200S February 4, 200S (Noon)
X January 2, 2008 December 17,2007 (Noon) o March 4, 200S February 19, 200S (Noon)
o January 15, 200S December 3 1,2007 (Noon) o March IS, 200S March 3, 200S (Noon)
0 February 5, 200S January 14, 200S (Noon) o April 1,2008 March 17, 200S (Noon)
0 Anno uncements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM x Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Approve by resolution an Agreement between the City and the Boynton Beach Athletic
Association, Inc. (BBAA), also known as East Boynton Little League, to allow BBAA to manage the ball fields and related
amenities at Little League Park,
EXPLANATION: BBAA has developed an Agreement by which they will take over the maintenance and scheduling of the
baseball fields, concession building, batting cages and related amenities at Little League Park. The City spends
approximately $40,000 annually for materials, supplies, electricity and water to maintain the park. BBAA is asking for a
$30,000 maintenance payment in year 1 of the agreement, a $20,000 maintenance payment in year 2, a $10,000 maintenance
payment in year 3, then will not ask for any more monetary support, They will be responsible for maintenance of the baseball
related facilities, the purchasing of materials and supplies, and the cost of electricity and water. The City will be responsible
for the common areas outside of the ball field facility only,
PROGRAM IMPACT: The City does not schedule any programs at Little League Park so this will have no impact on
programming, This will also allow the maintenance crews that are assigned to Little League to be used to maintain the new
parks in the system.
FISCAL IMPACT: Following execution of the Agreement, funds from the various accounts in which monies for
maintenance of Little League Park are budgeted will be transferred into an account that can be used for the maintenance
payment for BBAA. The maintenance payment for calendar year 2008 will be $30,000 and will decrease over the following
two years as BBAA develops additional programs and hosts tournaments to increase their revenue, Savings to the City will
be approximately $10,000 in 2008, $20,000 in 2009 and $30,000 in 2010,
AL TERNA TlVES: Not to enter in an Agreement with BBAA. ~~.l
~
Department Head's Signature tty anager's tgna ure
A"i""nt to City Mana~
/ /
Department Name City Attortley / Ft ance
Recreation and Parks
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
1
2 RESOLUTION NO. R08-
3
4
5 A RESOLUTION OF THE CITY COMMISSION OF
6 BOYNTON BEACH, FLORIDA, APPROVING AN
7 AGREEMENT BETWEEN THE CITY OF BOYNTON
8 BEACH AND BOYNTON BEACH ATHLETIC
91 ASSOCIATION, INC. (BBAA), TO ALLOW BBAA TO
I
101 MANAGE THE BALL FIELDS AND RELATED
111 AMENITIES AT LITTLE LEAGUE PARK;
121 AUTHORIZING THE CITY MANAGER AND CITY
131 CLERK TO EXECUTE SAID AGREEMENT; AND
14 i . PROVIDING AN EFFECTIVE DATE.
15i I
1611
, [
1711 WHEREAS, BBAA has developed an Agreement where they will take over the
! I 18 i I maintenance and scheduling of the baseball fields, concession building, batting cages and
, '
f j
1911 related amenities at Little League Park; and
20 II WHEREAS, BBAA will be responsible for maintenance of the baseball related
II
II
, I
21 II facilities, the purchasing of materials and supplies and the cost of electricity and water; and
! !
2211 WHEREAS, the City Commission of the City of Boynton Beach deems it in the best
2311 interest, health, safety and welfare of the citizens and residents of Boynton Beach to enter into
2411 the Agreement with Boynton Beach Athletic Association,
! I
\' i
2511 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
!
26\ THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
I Section 1. Each Whereas clause set forth above is true and correct and
27!
,
i
281 incorporated herein by this reference,
1
i
29 I Section 2. The City Commission of the City of Boynton Beach, Florida hereby
I
I
J
30 I approves and authorizes the City Manager and City Clerk to execute the Agreement between
31 the City of Boynton Beach and Boynton Beach Athletic Association, to allow BBAA to
S:\C A\RESO\Agreements\BBAA,doc
, I
I
I
I
1 manage the ball fields and related amenities at Little League Park, a copy of said Agreement is
2 attached hereto as Exhibit "A".
3 Section 3. That this Resolution shall become effective immediately upon passage.
4 PASSED AND ADOPTED this _ day of January, 2008.
5
6 CITY OF BOYNTON BEACH, FLORIDA
7
8
9
10 Mayor - Jerry Taylor
11
12
13
14 Vice Mayor - Jose Rodriguez
15
16
17
18 I Commissioner - Ronald Weiland
19 I
20
21 I
22 Commissioner - Woodrow L. Hay
23
24
25
26 Commissioner - Marlene Ross
27 ATTEST:
28
29
30
31 Janet M. Prainito, CMC
32 City Clerk
33
34
35 (Corporate Seal)
36
37
S :\CA \RESO\Agreements\BBAA,doc
AGREEMENT
THIS AGREEMENT, made and entered into this _ day of .20 . b\
--. ~
and between the:
CITY OF BOYNTON BEACH, FLORIDA, a municipal
corporation, organized and existing under the laws of the
State of Florida, hereinafter referred to as "CITY."
and
BOYNTON BEACH ATHLETIC ASSOCIATION, INe., a
Florida not-for-profit corporation, hereinafter referred to as
"BBAA."
WITNESSETH:
WHEREAS, City is the owner of the real property known as Little League Park,
hereinafter referred to as "PARK", situated in Palm Beach County in the City of Boynton Beach,
and bounded on two sides by S,W, 3rd Street and S.W, 15th Avenue, respectively: and
\VHEREAS, Little League Park includes four lighted and fenced ballfields with score
boards and bleachers, pitching wall, three batting cages, storage shed, picnic pavilion with tables
and benches, concession stand building, restroom with storage area attached, clay and sand
storage bins, Casey walkway and a parking area; and
WHEREAS, both parties desire that said PARK be utilized to the greatest capacity for
community use.
NOW,THEREFORE, in consideration of the covenants herein contained and other good
and valuable considerations, the parties agree as follows:
1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated
into this Agreement.
2.0 Use of Little League Park.
2,1 BBAA will have full control of the Park and amenities from January]
through December 31 of each year this Agreement remains in force.
2.2 BBAA will have sole authority to approve and schedule use of the PARK
by other groups not related to Little League providing said groups meet
CITY permitting and insurance,
3.0 Maintenance.
BBAA Shall:
3.1 BBAA shall maintain the four ballfields from the fencing in. BBAA will
also maintain the common areas surrounding the batting cages within the
fenced area where the cages are situated. BBAA will maintain the
common areas between fields 2 and 3 along the asphalt walkway to the
end of the fencing on field 2 outfield, the Casey Walkway from the
beginning of the asphalt walkway to the entrance of the batting cages, the
area along the walkway between fields 1 and 4 from the beginning of the
left field fence to the end of the backstop on field 4.
3.2 BBAA will maintain the batting cage structure and storage shed.
3.3. BBAA will maintain the garden areas behind the backstops on field 1 & 4.
3.4 Maintenance shall include the mowing, weeding, fertilizing, watering, clay
and general repair of the fields.
3.5 BBAA will maintain trash removal from the containers and cleaning and
maintaining the restrooms.
3.6 BBAA will maintain the concession stand on a day to day basis however
the CITY will be responsible for major repairs.
3.7 BBAA will have exclusive use of the storage area attached to the
restrooms.
3.8 BBAA will be responsible for tables and benches in pavilion area only.
3.9 BBAA will be responsible for bulb replacement on fields 3 & 4.
CITY shall:
3.10 CITY will train the appropriate BBAA personnel, as designated by the
BBAA President, in the use and operation of the irrigation system.
3.11 CITY will continue to maintain all other areas of the PARK.
3.12 CITY will be accessible to answer questions and assist with maintenance
issues beyond the control of BBAA during normal CITY working hours.
3.13 CITY will provide access to all electrical boxes, rooms and other areas
necessary to properly monitor electrical needs or issues.
3,14 CITY will replace netting and riggings on fields still damaged by past
years hurricanes prior to implementation of this Agreement
3.15 CITY will repair light pole on left field side-field 3, all electrical outlets on
the 4 fields, fencing at bottom of backstop on field 1, dugouts on field 4
where needed, fencing down first base side and right center field on field 4
prior to implementation of this agreement
3,16 CITY will insure that the parking areas are properly lighted prior to the
implementation of this agreement
3.17 CITY will secure bleachers on field 1.
3.18 CITY will train the appropriate BBAA personnel, as designated by the
BBAA President, in the use and operation of the security system and
cameras,
4. Insurance
BBAA will provide the proper insurance approved by the CITY for all
approved baseball activities played at the Park. The policy shall include
comprehensive general liability insurance with minimum limits of $1 ,000,000 per
occurrence, combined single limit for bodily injury liability and property damage
liability, including premises and operations,
The policy shall be endorsed to contain the following provisions:
4.2.1. The City of Boynton Beach shall be named as an additional
insured. The coverage shall contain no limitations on the scope of
protection afforded the CITY, its officers, officials, employees or
volunteers.
4.2.2 A current valid Insurance policy meeting the requirements
herein identified shall be maintained during the duration of this
Agreement, and shall be endorsed to state that coverage shall not
be suspended, voided or cancelled by either party, reduced in
coverage in limits except after thirty (30) days prior written notice
by either certified maiL return receipt requested, has been given to
the CITY.
4.2.3 BBAA shall inform its insurer to furnish directly to the City of
Boynton Beach certificates of Insurance with original
endorsements affecting coverage required within. BBAA shall
provide binders indicating placement of coverage to CITY prior to
the effective date of this Agreement.
4.2.4 CITY will continue to maintain all necessary insurance coverage to
protect its interest as determined by the CITY'S Risk Manager.
BBAA will provide all necessary Insurance coverage, as
determined by the City's Risk Manager, to protect the buildings
and structures under the control of the BBAA as described in this
Agreement.
5.0 Consideration. CITY shall pay to BBAA the following maintenance fees over the term
of the Agreement:
Year One- $30,000
Year Two- $20,000
Year Three - $10,000
6.0 Term. This Agreement shall be for a period of three (3) years commencing on January 1,
2008. The parties may agree to renew the Agreement for three (3) additional three (3)
year terms through the execution of a written Amendment to the Agreement signed by
both parties.
7.0 Termination. Each party may cancel this agreement for convenience or cause by
providing written notice of at least one hundred twenty (120) days to the other party.
Should this Agreement be terminated for cause, the reason(s) for the termination shall be
included in the notice. Any termination for convenience shall be without liability to the
terminating party.
8.0 Conduct. BBAA agrees to conduct its activities upon the premises so as not to endanger
any person lawfully thereon and to the extent provided by law, to indemnify and hold
harmless the CITY, its officers, officials, agents, and employees from and against any
and all claims, suits, actions, damages, liabilities, expenditures or causes of action of any
kind arising out of or occurring during the activity of BBAA and those resulting or
occurring from any negligent act, omission or error of BBAA, its officers, directors,
agents, employees, guests, or members resulting in or relating to injuries to body, life,
limb, or property sustained in, about, or upon the premises or improvements thereto, or
arising from the use of said premises.
9.0 Compliance with laws. BBAA agrees to comply with all laws of the United States, the
State of Florida, and all local laws, including but not limited to the ordinances and
regulations of the City of Boynton Beach, and all rules and requirements of the City
Police and Fire Departments, and will obtain and pay for all necessary permits and
licenses, and will not do, nor suffer to be done, anything on said premises during this
Agreement in violation of any such laws, ordinances, rules, or requirements, and if the
attention of the Licensee is called to any violation on the part of BBAA, or any person
employed by or admitted to the said premises by Licensee, such BBAA will immediately
desist from and correct the violation,
10,0 Removal of Persons. City reserves the right, through its representatives, agents and
police to eject any objectionable person or persons from said facility, and upon the
exercise of this authority, BBAA hereby waives any right and all claims for damages
against the City.
11.0 Evacuation of Premises. City reserves the right to evacuate the premises or facilities
during any activity in progress where it deemed necessary for the safety of the general
public, patrons, or guests.
12.0 Assignment Prohibited. BBAA shall not assign this Agreement, or sublet the demised
premises or any part thereof without the prior written consent of the CITY endorsed
hereon,
13.0 Notice. Any notice or demand, which under the terms of this Agreement, or by any
statute or ordinance given or made by a party hereto shall be in writing and shall be given
by certified or registered mail, return receipt requested, sent to the other at the address set
forth below, or to such other address as such party may, from time to time, designate by
notice:
Notice to CITY shall be addressed to:
City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425-0310
Notice to BBAA shall be addressed to:
Boynton Beach Athletic Association, Inc
P.O. Box 284
Boynton Beach, Florida 33425-0284
14,0 Agreement Binding; Amendment. All terms and conditions of this written Agreement
shall be binding upon the parties, their heirs or representatives, and assigns, and cannot
be varied or waived by any oral representations or promise of any agent or other person
of the parties hereto, unless the same be in writing and mutually signed by the duly
authorized agent or agents executing this Agreement.
15,0 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.
16.0 Termination of Prior Agreement. This Agreement has the immediate effect of
terminating any existing agreements between the CITY, BBAA, and Boynton Beach
Little League, Inc., pertaining to the use of the PARK, including that agreement between
the parties dated June 28, 2005. Any indemnification obligations in any previous
agreements between the parties shall survive this termination.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the
day and year first written above.
WITNESSES: CITY OF BOYNTON BEACH
By
Kurt Bressner, City Manager
(CORPORATE SEAL) ATTESTED:
City Clerk
Approved as to form:
City Attorney
WITNESSES: BOYNTON BEACH ATHLETIC ASSOCIATION, INC.
By
President
By
Secretary
STATE OF FLORIDA )
)ss:
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this day of ,20 _by
and , as President and Secretary, respectively, of
Boynton Beach Athletic Association, Inc" a Florida corporation, on behalf of the corporation.
They are personally known to me or have produced as identification
and did not (did) take an oath.
(SEAL)
Notary Public, State of Florida Signature of
Notary taking Acknowledgment
My Commission Expires:
VI.-CONSENT AGENDA
. ITEM C.4.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
o December 18, 2007 December 3, 2007 (Noon) 0 February 19, 2008 February 4, 2008 (Noon)
X January 2, 2008 December] 7,2007 (Noon) 0 March 4, 2008 February 19, 2008 (Noon)
o January 15, 2008 December 3 I, 2007 (Noon) 0 March 18, 2008 March 3, 2008 (Noon)
o February 5, 2008 January 14, 2008 (Noon) 0 April 1,2008 March 17,2008 (Noon)
(~.:.' ';
o Announcements/Presentations 0 City Manager's Report~:; :
NA TURE OF 0 Administrative 0 New Business r-:::;' ,;
AGENDA ITEM X Consent Agenda 0 Legal :;,
o Code Compliance & Legal Settlements 0 Unfinished Business =~> ~
o Public Hearing 0 -"-
.. ..~
RECOMMENDATION: Motion to approve and authorize the execution of an Agreeme~et\ye~n
the City and DiamondVision, LLC to allow DiamondVision to videotape baseball games at Little League
Park.
EXPLANA TION: DiamondVision, LLC is an online provider of youth sports events. They have
received permission from the East Boynton Little League to provide this service to their organization.
This requires the installation of a camera, internet service and computer hookup at Little League Park.
DiamondVision agrees to obtain written authorization from the parent of every participant
acknowledging that they are aware of and consent to their child being videotaped and/or their image
being electronically transmitted to the Internet.
PROGRAM IMPACT: There will be no program impact to the City.
FISCAL IMP ACT: This is at no cost to the City.
AL TERNA TIVES: Do not approve the Agreement.
/~._.. ~,
L..,"'--Department Head's Signature City Manager's Signature
Assistant to City Manager
~
Department Name City Attorney I Finance
Recreation and Parks
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
1
2 RESOLUTION NO. R08
3
4 A RESOLUTION OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 APPROVING AND AUTHORIZING THE
7 EXECUTION OF AN AGREEMENT BETWEEN THE
8 CITY OF BOYNTON BEACH AND
9 DIAMONDVISION, LLC., FOR THE FILMING AND
10 WEBCASTING OF LITTLE LEAGUE BASEBALL
11 GAMES; AND PROVIDING AN EFFECTIVE DATE.
12
13 WHEREAS, the East Boynton Beach Little League has granted DiamondVision,
14 LLC., permission to film and webcast their games which allows parents to be able to view
15 their children with either a CD or on-line; and
16 I WHEREAS, upon recommendation of staff, it is the City's desire to enter into an
17 Agreement with DiamondVision, LLC., for the filming and webcasting of Little League
18 I ,baseball games.
II
19 II NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
I'
20 IIOF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
21 l' Section 1- The foregoing "Whereas" clauses are hereby ratified and confirmed
22 I as being true and correct and are hereby made a specific part of this Resolution upon
I
II
23 I . adoption.
I
24 I Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
25 approves and authorizes the execution of an Agreement with DiamondVision, LLC., for
26 the filming and webcasting of Little League baseball games, a copy of the Agreement is
27 attached hereto as Exhibit "A",
28 Section 3. That this Resolution shall become effective immediately,
S :ICA IRESOlAgreementslDiamondVision, doc
r,
1 PASSED AND ADOPTED this day of January, 2008.
2
3 CITY OF BOYNTON BEACH, FLORIDA
4
5
6 Mayor - Jerry Taylor
7
8
9 Vice Mayor - Jose Rodriguez
10
11
12 Commissioner - Ronald Weiland
13
14
15 Commissioner - Woodrow L. Hay
16
17
18 Commissioner - Marlene Ross
19
20 ATTEST:
21
22
23 II
24
25 /Janet M. Prainito, CMC
26 I City Clerk
27
28
29
30 (Corporate Seal)
31
32
33
:\CA \RESO\Agreements\DiamondVision.doc
AGREEMENT BETWEEN DIAMONDVISION, LLC AND CITY OF BOYNTON
BEACH FOR THE FILMING AND WEB CASTING OF LITTLE LEAGUE
BASEBALL GAMES
The parties, City of Boynton Beach ("CITY") whose address is _~-----~----'
and DiamondVision, LLC ("DIAMOND VISION") whose address is
, for good and valuable consideration, hereby agree as follows:
WHEREAS, CITY owns real property located at~___~~_________
("Property"):
WHEREAS, CITY has granted Little League Baseball, Inc, and East Boynton Beach
Little League the right to use the above described Property for the purpose of a youth
baseball league;
WHEREAS, Little League Baseball, Inc. has granted DIAMOND VISION the right to
film and webcast East Boynton Beach Little League games ("Production") to be held at
the above described Property; and
WHEREAS, CITY has an interest in the promotion, maintenance and well being of the
East Boynton Beach Little League and that CITY will derive a benefit from the
Production;
i) CITY hereby consents to permit DIAMOND VISION, its employees, and agents.
to cause to be installed at the Property all necessary production equipment and
materials necessary to video, record, store, and broadcast video footage via the
internet. i~. more particular description of the equipment and man...T1er of
installation is as follows:
Instillation will include adequate internet service, high resolution cameras, CPU's,
router's, graphic cards, and cabling. Camera's will be installed behind home plate
backstop, in protective housing, Computer equipment will be housed in the press box,
2) CITY additionally hereby consents to permit DIAMOND VISION to video,
record, and broadcast video footage, still photos and sound recordings of Propert)
and all persons located on Property consistent with local, state, and federal laws,
The Production equipment shall remain the property of DIAMOND VISION,
3) In connection with said Production, DIAMOND VISION will hold CITY
harmless from any damage to the Property caused by its agents, employees or
Production equipment.
4) CITY warrants that it has the sole legal right and power to grant the rights granted
herein. CITY acknowledges and aggress that all right, title and interest in all
footage of the Property filmed by Company during the aforementioned little
league games will forever belong solely and completely to DIAMOND VISION
for its use in any manner and media it sees fit. CITY agrees that DIAMOND
VISION many forever use and authorize others to use the likeness and
information concerning the Property for program publicity and institutional
promotional purposes in connection with Production.
5) The term of this Agreement, and the rights granted herein, shall be indefinite.
Either party may cancel this Agreement upon Sixty (60) days written notice of
their intent to cancel this Agreement. However, the rights granted in Paragraph 4
of this Agreement shall continue indefinitely despite cancellation. Furthermore,
CITY agrees to all
6) Parental authorization. DiamondVision agrees to obtain either directly or in
Conjunction with Little League Baseball Inc., or East Boynton Beach Little
League written authorization from every parent of the participants in the East
Boynton Beach Little League acknowledging that they are aware and/or
consent to their child being videotaped or their image electronically
transmitted or broadcast on the internet.
7) Background Check. All Diamond Vision principals, employees, personnel,
members or staff performing any work under this Agreement must undergo a
criminal background check prior to entering onto the property. The CITY shall
perform the necessary background checks and Diamond Vision agrees to pay all
costs associated therewith. It is the sole discretion of the CITY to determine
whether the information revealed in such background checks would result in a
security breach and the CITY may immediately terminate this Agreement.
Diamond Vision must submit the name and social security number of
any principal employee, personnel, member and/or staff it wishes to utilize in the
performance of all work under this Agreement to the CITY for approval by the
CITY before the employee, personnel, member and/or staff is allowed to perform
any work hereunder.
8) Time of work. Diamond Vision hereby agrees that all work performed by any
subcontractors and/or those persons of which no background check has been
performed as described herein, including the installation and/or maintenance of
the equipment relating to this Agreement, will be performed at a date and time
when no children are present at the park
City of Boynton Beach DiamondVision, LLC
By: By:
Printed Name: Printed Name:
Title: Title:
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the
day and year first written above.
WITNESSES: CITY OF BOYNTON BEACH
By
Mayor
By
City Manager
(CORPORA TE SEAL) ATTEST:
City Clerk
Approved as to form:
City Attorney
WITNESSES: WEA THERFLOW, INe.
President
[Print/type Name]
Attest:
Secretary
[Print/type Name]
STATE OF FLORIDA )
)ss:
Page 1 of2
COlJNTY OF PALM BEACH: )
The foregoing instrument was acknowledged before me this , 2007 by
and ' as President and Secretary.
respectively, of DiamondVision, LLC., a Florida corporation, on behalf of the corporation. They
are personally known to me or have produced as identification and
did not (did) take an oath.
(SEAL)
Notary Public, State of Florida Signature of Notary
taking Acknowledgment
Name of Notary Typed,
Printed or Stamped
My Commission Expires:
Commission Number
Page 2 of2
VI.-CONSENT AGENDA
ITEM C.5
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVl
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
o December 18, 2007 December 3, 2007 (Noon) o February 19, 2008 February 4, 2008 (Noon)
X January 2, 2008 December 17,2007 (Noon) o March 4, 2008 February 19,2008 (Noon)
o January IS, 2008 December 3 I, 2007 (Noon) o March 18, 2008 March 3, 2008 (Noon)
o February 5, 2008 January 14,2008 (Noon) o April I, 2008 March 17,2008 (Noon)
0 0 ~,_.- .!
Announcements/Presentations City Manager's Report
NATURE OF 0 Administrative 0 New Business "
;.. J ,
AGENDA ITEM X Consent Agenda 0 Legal -
-.J
0 Code Compliance & Legal Settlements 0 Unfinished Business ~'~ \
,
0 Public Hearing 0 -..
-
-
.-
RECOMMENDATION: Motion to approve and authorize the execution of a Site Use Ag~m~nt ~
between the City and WeatherFlow, Inc. for the installation of a weather station at Boat Club Park. --.--
EXPLANATION: WeatherFlow, Inc. IS a company that installs and maintains real time
meteorological data gathering towers along the east coast of the United States. This data is provided to
the National Hurricane Center, NWS forecasting offices, the University of Florida and other
governmental agencies during hurricane and wind events. They propose to install a tower at Boat Club
Park and provide information to the City of Boynton Beach at no cost to the City. This information will
be very valuable if there is another hurricane event.
PROGRAM IMP ACT: The tower is approximately 30 feet tall. It is self contained and requires no
electricity. The pole will be located so that it does not obstruct the views of adjacent residents. A site
plan is attached.
FISCAL IMP ACT: There is no cost to the City.
AL TERNA TIVES: Not to authorize the Agreement. ~~M'
-----'
---- -~ -"
/ ----
L--Department Head's Signature
Assistant to City Manager
~<- -'
Department Name City Attorney / Finance
Recreation and Parks
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
'I
II
; I
i I
i i
I!
111
2 I RESOLUTION NO. R08-
311
41
511 A RESOLUTION OF THE CITY COMMISSION OF
BOYNTON BEACH, FLORIDA, APPROVING THE SITE
~iI USE AGREEMENT BETWEEN THE CITY OF
8! I BOYNTON BEACH AND WEATHERFLOW, INC., FOR
II
911 THE INSTALLATION OF A WEATHER STATION AT
1011 BOAT CLUB PARK; AUTHORIZING THE CITY
11 ! I MANAGER AND CITY CLERK TO EXECUTE SAID
1211 AGREEMENT; AND PROVIDING AN EFFECTIVE
1311 DATE.
14 I i
15 i
16 I WHEREAS, WeatherFlow installs and maintains real time meteorological data
I
I
171 gathering towers along the east coast of the United States; and
!
i
18 I WHEREAS, WeatherFlow proposes to install a tower at Boat Club Park and provide
I
i
19 I information to the City of Boynton beach at no cost to the City which will be very valuable in
i
i
20 I the event of a hurricane; and
I
I
i
21 i WHEREAS, the City Commission of the City of Boynton Beach deems it in the best
i
22 interest, health, safety and welfare of the citizens and residents of Boynton Beach to enter into
I
23 I the Site Use Agreement with WeatherFlow, Inc.
I
i
24 I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
!
i
25 ! THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
I
I
I
26 I Section 1. Each Whereas clause set forth above is true and correct and
I
27 I incorporated herein hy this reference.
28 I Section 2. The City Commission of the City of Boynton Beach, Florida hereby
29 ' approves and authorizes the City Manager and City Clerk to execute the Site Use Agreement
30 between the City of Boynton Beach and WeatherFlow, Inc., for the installation of a weather
I S:ICA\RESOIAgreements\WeatherFlow Site Use Agml.doc
I
I
,
,
i
I
I
1 station at Boat Club Park, a copy of said Agreement is attached hereto as Exhibit "A".
2 Section 3. That this Resolution shall become effective immediately upon passage.
3 PASSED AND ADOPTED this _ day of January, 2008.
4
5 CITY OF BOYNTON BEACH, FLORIDA
6
7
8
9 Mayor - Jerry Taylor
10
11
12
13 Vice Mayor - Jose Rodriguez
14 I
15
16 ,
17 Commissioner - Ronald Weiland
18
19
20, I
211 Commissioner - Woodrow L. Hay
221
23
24
25 Commissioner - Marlene Ross
26 ATTEST:
27
28
29
30 Janet M. Prainito, CMC
31 City Clerk
32
33
34 (Corporate Seal)
35
36
S:\CA\RESO\Agreements\WeatherFlow Site Use AgmLdoc
Weat"herFlow
SITE USE AGREEMENT
This Site Use Agreement (the "Agreement") is entered into as of December 4, 2007 by
and between the City of Boynton Beach ("'Host") and WeatherFlow, Inc.. a California based
corporation C'WeatherFlow"),
WHEREAS, WeatherFlow desires to install a weather station consisting of mounting
hardware, instruments, electronics package, and solar panel ( the "Weather Station" as further
described in Exhibit B) on a concrete pole (the "Pole" as shown in Exhibit C) on property owned
by Host (the "The Property" as described in Exhibit A),
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties hereby agree as follows:
I,GRANT OF LICENSE TO INSTALL WEATHER STATION
Subject to the requirements, terms, and conditions of this Agreement, WeatherFlow ofllcers,
agents, employees, and subcontractors (collectively. the Installers) are hereby granted a
license to access The Property at such times as they deem appropriate in order to furnish and
install, maintain, test, repair, replace and do work necessary for the complete installation and
maintenance of the Weather Station on The Property. Installers shall be given access to The
Property for as such times as they deem appropriate with 24 hours notice to Host,
2.TERM
The term of this Agreement shall commence as of the date set forth above and shall continue
for a period of 4 years, to be automatically renewed for an additional 4 years, unless
terminated by Host or WeatherFlow, Either party may, in its discretion, terminate this
Agreement on the fourth anniversary of effective the day of this agreement by giving the
other party written notice of such termination at least thirty (30) days prior to the day of
execution for that year
3,ACCESS CONSIDERATION; DATA ACCESS
WeatherFlow hereby agrees to provide Host with access to WeatherFlow data and the ability
to publish WeatherFlow data on Host's website using existing WeatherFlow tools for such
publication. Host acknowledges and agrees that data provided by WeatherFlow to Host
pursuant to this Agreement shall remain the sole and exclusive property of WeatherFlow and
may not be republished or redistributed by Host in any other way without the prior written
consent of WeatherFlow, Under no circumstances may the WeatherFlow data be used or
disclosed, either directly, indirectly, for the purpose of settling capital markets transactions
including parametric insurance. The restriction on the republication or redistribution of
WeatherFlow data shall not apply in cases of emergency (as determined by Host in its
reasonable discretion), in which case Host may republish or redistribute WeatherFlow data. in
raw form or otherwise, to others as it deems reasonably appropriate under the circumstances,
WeatherFlow, Inc, 108 Whispering Pines, Suite 245, Scolts Valley, CA 95066
ph 831-438-9740 fx 831-438.3561 www,WeatherFlow,com
1297~6b:::
WeafherFlow
In all cases of such republication or redistribution of WeatherFlow data, Host will promptly
notify WeatherFlow of the circumstances of such republication or redistribution.
4.1NSURANCE
WeatherFlow shall keep in force at its own expense, for the duration of this Agreement,
insurance coverage not less than:
A,Workers Compensation and Employers Liability: $500,000 each accident
B,Commercial General Liability, including coverage for premises and operations:
General Aggregate $5,000,000
Each Occurrence Limit $2,000,000
Personal Injury $2,000,000
C.Professional Liability (Errors & Omissions): $2,000,000
WeatherFlow shall provide Host with certificates of insurance showing the type, amount,
class of operations covered, effective dates and date of expiration of all such insurance
policies as soon as practicable after execution of this Agreement.
5.INDEMNIFICA TION
WeatherFlow shall pay and be exclusively responsible for any and all obligations for labor
and materials for which it has contracted, for its rental of any appliance or equipment, and for
any expense it has incurred in connection with the performance of its obligations under this
Agreement WeatherFlow agrees to use and occupy the Property at its own risk, and Host
shall bear no responsibility for any loss or damage to fixtures or other personal property of
WeatherFlow, except for such loss or damage as is caused by Host's negligence, willful act or
other misconduct
WeatherFlow shall indemnifY Host from any liability for injury, loss, accident, or actual
damage to any person or property, and from any claims, actions, proceedings and expenses
and costs in connection therewith (including, without limitation reasonable counsel fees,
court costs and any costs of expense of litigation) (i) arising from (a) the omission, fault,
willful act, negligence or other misconduct of WeatherFlow, (b) any use made by
WeatherFlow or thing done by WeatherFlow at the Property not due to the omission, fault,
willful act, negligence or other misconduct of Host, or (ii) resulting from the failure of
WeatherFlow to perform and discharge its covenants and obligations under this Agreement.
6.POLE INST ALLA nON
WeatherFlow agrees to install the Pole on Host property at I!o cost to Host Once installed
the Pole will be owned by Host and therefore for the purposes of the Agreement will be
considered part of the Property. Host agrees not to alter Pole, or in any way disrupt its use as
the mount for the Weather Station,
WeatherFlow, Inc. 108 Whispering Pines, Suite 245, Scotts Valley, CA 95066
ph 831-438-9740 fx 831-438-3561 www,WeatherFlow.com
12978662
WeatherFlow
7,MODIFICA TION. ASSIGNMENT
Except as otherwise provided herein, this Agreement may be amended or modified only by
writing signed by both parties. Except as otherwise expressly provided herein, the provisions
of this Agreement hereof shall inure to the benefit ot~ and be binding upon, the parties hereto
and their respective successors and assigns, WeatherFlow shall not assign this Agreement
without the written consent of the Host.
8,ENTlRE AGREEMENT
This Agreement constitutes the full and entire understanding and agreement between the
paJ1ies with regard to the subject matter hereof and no party shall be liable or bound to the
other party in any manner by any oral or written representations, warranties, covenants and
agreements except as specifically set forth herein, Each party expressly represents and
waITants that it is not relying on any oral or written representations, warranties, covenants or
agreements outside of this Agreement.
9,SEVERABII~ITY
In the event one or more of the provisions of this Agreement should, for any reason, be held
to be invalid. illegal or unenforceable in any respect, such invalidity, illegality. or
unenforceability shall not affect any other provisions of this Agreement. and this Agreement
shall be construed as if such invalid, illegal or unenforceable provision had never been
contained herein,
I O,LEGAL EFFECT
The rights granted to WeatherFlow under this Agreement shall not constitute an easement.
lease. tenancy at will, or other property right, but shall constitute a license to enter the
Property and install and maintain the Weather Station,
! I,NOTICES
Any and all notices required or permitted to be given either party hereto shall be sufficient if
sent by registered or certified mail. return receipt request to:
In the case of Host:
City of Boynton Beach
Attn: Kurt Bressner- city Manager
100 East Boynton Beach Blvd
Boynton Beach,FL 33436
(56 I )742-6010
(56! )742-6090
WeatherFlow, Inc. 108 Whispering Pines, Suite 245, Scotts Valley, CA 95066
ph 831.438.9740 fx 831.438.3561 www.WeatherFlow,com
1297366 :2
WeafherFlow
In the case of WeatherFlow:
WeatherFlow, Inc.
Attn: Lori Blomquist
108 Whispering Pines, Suite 245
Scotts Valley, CA 95066
(831) 438-9742
or to such other address as either party may specify to the other by notice as provided
herein, Notices as provided for herein shall be complete upon receipt.
12. DISPUTES
Any disputes that arise between the parties with respect to the performance of this contract,
which cannot be resolved through reasonable negotiation, shall be submitted to a court of
competent jurisdiction in Palm Beach County, Florida. Further, this agreement shall be
construed under Florida Law.
13. COUNTERPARTS
This Agreement may be executed in any number of counterparts, and delivered by electronic
or facsimile transmission, each of which shall be an original or shall be deemed an original,
but all of which together shall constitute one instrument.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth in
the first paragraph hereof
WEA THERFLOW INC
By: J1wry
Name: Matt Corey
Title: Chief Operational Meteorologist
CITY OF BOYNTON BEACH
By:
Name:
Title:
WeatherFlow, Inc, 108 Whispering Pines, Suite 245, Scotts Valley, CA 95066
ph 831-438-9740 fx 831-438-3561 www.WeatherFlow.com
12978662
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the
day and year first written above.
WITNESSES: CITY OF BOYNTON BEACH
Bv
Mayor
Bv
-'
City Manager
(CORPORA TE SEAL) ATTEST:
City Clerk
Approved as to form:
City Attorney
WITNESSES: WEATHERFLOW. INC.
President
[Print/type Name]
Attest:
Secretary
[Print/type Name]
STATE OF FLORIDA )
)ss:
Page 1 of2
COUNTY OF PALM BEACH: )
The foregoing instrument was acknowledged before me this , 2007 by
and , as President and Secretary,
respectively, of WEA THERFLOW, INe., a Florida corporation, on behalf of the corporation.
They are personally known to me or have produced as
identification and did not (did) take an oath.
(SEAL)
Notary Public, State of Florida Signature of Notary
taking Acknowledgment
Name of Notary Typed,
Printed or Stamped
My Commission Expires:
Commission Number
Page 2 of2
.
I .
...a~ l .on~k
. "." "'.;", " '.")....li..,~'":<,.,,;C.,-,'.;;>''' " .'
. 1 : . ' . . I. .
. : : . 1 : : . .
WeafherFlow
Exhibit "B"
Weather Station is expressly designed to withstand hurricane force winds. It is small and
completely self-contained utilizing anemometer rated for 224mph winds and low profile
hardened case for data logger and communications device. There are no cables from the
station to ground, and therefore no grounding issues: power is supplied by a small solar
panel (16.5" x 11", weight 1.8Ibs), Communication from the site to a central repository is
accomplished through cell transmission.
The station measures wind speed, wind direction, air temperature and barometric
pressure. The instruments include an R.M. Young anemometer-vane (pictured below),
mounted on a stainless steel boom installed on a short mast affixed to Pole. The
anemometer weighs 2lbs, and connects to the data logger along with an air temperature
sensor and solar panel. The data logger is II"x 12"x8" and weighs about 25 Ibs.
',.1
WeatherFlow, Inc. 108 Whispering Pines, Suite 245, Scotts Valley, CA 95066
ph 831-438-9740 fx 831-438.3561 www.WeatherFlow.com
12978662
We s"therFlow
Exhibit "e"
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WeatherFlow, Inc. 108 Whispering Pines, Suite 245, Scotts Valley, CA 95066
ph 831-438-9740 fx 831-438-3561 www,WeatherFlow.com
i ::>(J7866 ::>
..
.- Boat Club Park Location of Tower . Red
~. - In
N Although every reasonable effort has been made to ensure the accuracy of the public hei
information, data and graphic representations, the city of Boynton Beach cannot be
responsible for consequences resulting from any omissions or errors contained herein l " i I
w- IE
The City of Boynton Beach assumes no liability whatsoever associated with the use or
misuse of this data J rid
LI-~
-~-~~
VI.-CONSENT AGENDA
ITEM D.
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 December 18,2007 December 3,2007 (Noon) D February 19,2008 February 4, 2008 (Noon)
~ January 2, 2008 December 17,2007 (Noon) D March 4, 2008 February 19,2008 (Noon)
D January 15,2008 December 31, 2007 (Noon) D March 18, 2008 March 3,2008 (Noon)
D February 5, 2008 January 14,2008 (Noon) D April I, 2008 March 17,2008 (Noon)
D AnnouncementslPresentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM C8J Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfmished Business
D Public Hearing D
RECOMMENDATION:
Motion to approve reduction in surety for the project known as Knollwood PUD, reducing the required amount from
the current value of $800,454.60 downward to $40,000.
EXPLANATION:
All of the required water and sewer improvements have been completed and accepted by the City for operation and
maintenance. 5% of the initial surety will be retained until after the second lift of asphalt has been placed, and a
subsequent inspection reveals that all manholes, valve boxes and other surface features remain in satisfactory
condition. The Developer of the project will furnish a replacement surety in this amount, or amend the existing
performance bond.
PROGRAM IMP ACT:
None. :.:::; ""j
",,1 _.,-~
0 j "
FISCAL IMP ACT: f"'I
C) U)"'f"]
None I ""::'"J
m -~.J
AL TERNA TlVES: ::::
None. The City's code allows for reduction of surety. ~ure -
-
'.
-
.s:-
, ,")
'-
~...-
UTILITIES
Department Name
XC: Peter Mazzella Chris Roschek
Michael Low Finance Dept
Barbara Conboy File
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
IiCHNAR' Jeffrey T Schnars, PE.
President
ENGINEERING CORPORATION
James W Mahannah, /-,
Vice President
November 8, 2007
Mr. Peter Mazzella
Deputy Utilities Director
City of Boynton Beach Utilities Department
124 E. Woolbright Road
Boynton Beach, FL 33435
Re: Knollwood PUD
Schnars Engineering Corporation Proiect No. 04174
Peter:
This letter is to request that the $800,454,60 bond in place for Knollwood PUD be reduced to $40,022,73 (5% of
the original amount).
As usual, call if you have any questions or need any additional information. Thanks for your cooperation.
Sincerely,
SCHNARS ENGINEERING CORPORATION
J
/' Gary R. Dunmyer, P,E,
copy: Tod Batson, D.R. Horton via fax: (972) 280-8107
RECEIVED
NOV - 9 2007
BOYNTON BEACH UTILITIES
951 Broken Sound Parkway, Suite 320 . Boca Raton, FL 33487 · Tel: (561) 241-6455 · Fax: (561J 241-5182
VI.-CONSENT AGENDA
ITEM E.:
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 December 18, 2007 December 3,2007 (Noon) o February 19,2008 February 4,2008 (Noon)
~ January 2, 2008 December 17,2007 (Noon) o March 4, 2008 February 19,2008 (Noon)
o January 15,2008 December 31,2007 (Noon) o March 18, 2008 March 3, 2008 (Noon)
o February 5, 2008 January 14,2008 (Noon) o April I, 2008 March 17,2008 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM ~ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Approval of the 2007/2008 Art in Public Places plan and the Arts Commission future Master
Planning initiative,
EXPLANA TION: The Art in Public Places 2007/2008 is limited to four programs that were initiated by the Arts
Commission and will be implemented by the Public Art Administrator and community volunteers, To maximize the
educational and promotional impact, a component that includes the public was added to these programs.
The Arts Commission will meet January 26th, 2008 to begin the first in a series of workshops to create a master plan for the
AIPP program. The master plan will identifY appropriate places for Public Art in the coming five years as it relates to c.I.P.
and private development projects. It will also deliver the elements of the AIPP mission statement.
PROGRAM IMPACT: To date, the program has received positive press, community praise and education benefits. The
public learned how public art is made; children and teens learned how to improve their lives through art and to paint a public
art mural; the City's citizens, businesses and visitors experienced the benefits of public art along City streets and in City Hall,
and City departments offered interesting and educational public art programs.
The AIPP Master Planning will continue to incorporate these elements into the future Art in Public Places projects,
FISCAL IMPACT: The 2007/2008 AIPP approved plan will come from the funds collected from Public Art ordinance 07-
002 and is allocated in account # I 51-2611-579-67 -0 I Acquisition of Public Art.
AL TERNA TIVES: Not to approve the 2007/2008 AIPP plan.
A TT ACHMENTS: 2007/2008 Art in Public Places Plan. Exhibit A.
Art in Public Places Plan mission statement Exhibit B.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
~~
City Manager's Signature
Assistant to City Manager ~
?~hfAc- 4-1
Department Name City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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EXHIBIT B
~i:~bii~ ;i;~es .~
Enriching our Community through Public Art
The Art in Public Places Program is dedicated to create a
stimulating cultural environment that reflects and enhances the
City's heritage, diversity, and character.
The Public Artwork will vitalize, stimulate and focus on cultural
interaction, amenities, education, business growth
and economic development.
The public artwork will be integrated into the architecture,
infrastructure, landscape and green ways of the city.
The Art in Public Places program will contribute to a
communal sense of civic ownership and pride,
making Boynton Beach
IIA premier City in Florida in which to live, work and visit.1I
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VI.-CONSENT AGENDA
ITEM F.
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 December 18, 2007 December 3, 2007 (Noon) o February 19,2008 February 4, 2008 (Noon)
X January 2,2008 December 17, 2007 (Noon) o March 4, 2008 February 19,2008 (Noon)
o January 15,2008 December 31, 2007 (Noon) o March 18, 2008 March 3, 2008 (Noon)
0 February 5,2008 January 14,2008 (Noon) o April 1, 2008 March 17,2008 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM X Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Approve name change for the City's life and disability insurance plans from Jefferson Pilot
Financial Insurance Company to The Lincoln National Life Insurance Company. This is the first amendment to the
current agreement which expires September 29, 2008.
EXPLANATION: On October 18,2007, the City received notice that Jefferson Pilot has merged with Lincoln
Financial Group and has changed the name of its group insurance underwriting company from Jefferson Pilot
Financial Insurance Company to The Lincoln National Life Insurance Company.
PROGRAM IMP ACT: This change has no effect on the rights and privileges of the Parties or provisions contained in
the original Agreement. This change does not affect the insurance coverage or claims service.
FISCAL IMP ACT: There is no fiscal impact.
AL TERNA TIVES: Do not approve the first Amendment and use an inaccurate name for the insurance underwriting
i~o ,
City Manager's Signature
Assistant to City Manager
Human Resources
Department Name City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
1
2 RESOLUTION NO. R08-
3
4
5 A RESOLUTION OF THE CITY COMMISSION OF
6 BOYNTON BEACH, FLORIDA, APPROVING AN
7 AGREEMENT BETWEEN THE CITY OF BOYNTON
8 BEACH AND THE LINCOLN NATIONAL LIFE
9 INSURANCE COMPANY SUCCESSOR TO JEFFERSON
10 PILOT FINANCIAL INSURANCE COMPANY
11 REGARDING A NAME CHANGE FOR THE COMPANY;
12 AUTHORIZING THE CITY MANAGER AND CITY
13 CLERK TO EXECUTE SAID AGREEMENT; AND
14 PROVIDING AN EFFECTIVE DATE.
15
16
17 WHEREAS, on September 2, 2003, the City of Boynton Beach and Jefferson Pilot
18 Financial entered into a Consultant Agreement to provide for life and disability insurance
19 plans for the employees of the City of Boynton Beach and extended the three (3) year telTIl to
20 I September 29,2008; and
I
21 I WHEREAS, since that time the City received notice that Jefferson Pilot had merged
I
22 with Lincoln Financial Group and changed the name of its group insurence underwriting
23 company to The Lincoln National Life Insurance Company; and
24 WHEREAS, the City Commission of the City of Boynton Beach deems it in the best
25 interest, health, safety and welfare of the citizens and residents of Boynton Beach to enter into
26 the Agreement with The Lincoln National Life Insurance Company.
27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
29 Section 1. Each Whereas clause set forth above is true and correct and
30 incorporated herein by this reference. I
31 Section 2. The City Commission of the City of Boynton Beach, Florida hereby
I
S:\CA\RESOlAgreements'clefferson PiJot.doc
i
i
1 approves and authorizes the City Manager and City Clerk to execute the Agreement between
2 the City of Boynton Beach and The Lincoln National Life Insurance Company regarding the
3 company's merger and name change with Jefferson Pilot Financial Insurance Company, a
4 copy of said Agreement is attached hereto as Exhibit "A".
5 Section 3. That this Resolution shall become effective immediately upon passage.
6 PASSED AND ADOPTED this _ day of January, 2008.
7
8 CITY OF BOYNTON BEACH, FLORIDA
9
10
11
12 Mayor - Jerry Taylor
13
14
15
16 Vice Mayor - Jose Rodriguez
17
18
19
20 Commissioner - Ronald Weiland
21
22
23
24 Commissioner - Woodrow L. Hay
25
26
27
28 Commissioner - Marlene Ross
29 ATTEST:
30
31
32
33 Janet M. Prainito, CMC
34 City Clerk
35
36
37 (Corporate Seal)
38
39
s :\eA \RESO\AgreementsVefferson Pilot.doc
AGREEMENT REGARDING
GROUP LIFE AND DISABILITY INSURANCE POLICIES
FOR THE EMPLOYEES OF THE CITY OF BOYNTON BEACH
UNDERWRITTEN BY LINCOLN NATIONAL LIFE
THIS AGREEMENT is made and entered into this day of ,2007.
between the City of Boynton Beach ("CITY") and The LINCOLN NATIONAL LIFE
INSURANCE COMPANY, successor to Jefferson Pilot Financial Insurance Company,
WIT N E SSE T H:
WHEREAS, on or about September 2, 2003, Jefferson Pilot Financial Insurance
Company agreed to issue its group life and disability insurance policies (the "Policies") to the
CITY for the benefit of employees of the CITY; and
WHEREAS, the Policies continue in full force and effect; and
WHEREAS, Jefferson Pilot merged with and into The Lincoln National Life Insurance
Company as of July 2, 2007; and
WHEREAS, the Parties acknowledge that this merger had no effect on the insurance
coverage, claims service or any other provisions of the Policies; and
WHEREAS, the CITY desires to execute this Agreement to acknowledge that the
provisions of the Policies, including all the CITY's rights and privileges, have been assumed by
THE LINCOLN NATIONAL LIFE INSURANCE COMPANY.
NOW, THEREFORE, for and in consideration of the mutual covenants and other good
and valuable consideration, the receipt of which are hereby acknowledged, the Parties hereto agree
as follows:
Section 1. That the recitations set forth above in the "WHEREAS" clauses of this
Agreement are true and correct and incorporated herein by this reference.
Section 2. That the Parties agree that the merger of Jefferson Pilot Financial Insurance
Company into THE LINCOLN NATIONAL LIFE INSURANCE COMPANY had no affect on the
rights and privileges of the Parties or the provisions contained in the Policies.
Section 3. Each person signing this Agreement on behalf of either party warrants that
he or she has full authority to do so on behalf of such party, and to bind and obligate such party
with respect to all provisions contained in this Agreement,
Section 4. That the Policies shall remain in full force and effect except as specifically
amended herein.
IN WITNESS OF THE FOREGOING, the Parties have set their hands this _ day of
,2007.
CITY OF BOYNTON BEACH THE LINCOLN NA TIONAL LIFE
INSURANCE COMPANY
BY: BY:
Kurt Bressner, City Manager Name:
Title:
Attest:
JANET PRAINITO, CITY CLERK
APPROVED AS TO FORM: Attest! Authenticated:
Office of the City Attorney Secretary
S:\CA\AGMTS\Jefferson Pilot.Lincoln National (Amend,),doc
VI.-CONSENT AGENDA
ITEM G.
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 December 18, 2007 December 3,2007 (Noon) D February 19,2008 February 4,2008 (Noon)
X January 2, 2008 December 17, 2007 (Noon) D March 4, 2008 February 19,2008 (Noon)
D January 15,2008 December 31,2007 (Noon) D March 18, 2008 March 3, 2008 (Noon)
D February 5, 2008 January 14,2008 (Noon) D April 1, 2008 March 17,2008 (Noon)
D Announcements/Presentations D City Manager's Report
NA TURE OF D Administrative D New Business
AGENDA ITEM X Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDA TlON: Approve the appointment of Lori A. LaVerriere to the position of Assistant City Manager effective
January 2, 2008.
EXPLANA TlON: The Assistant City Manager directs operations and activities of Information Technology Services/GIS,
Risk Management, City Clerk's Office, Public Art, Recreation & Parks, Golf Course, Grants, Library and related departments.
The Assistant City Manager may also serve as City Manager in the absence of the City Manager. This position has been
vacant since May 2007,
PROGRAM IMP ACT: The Assistant City Manager position is a critical position in the City Manager's office. The
incumbent will coordinate work activities of assigned divisions/departments; organize and prioritize projects and workload;
make work assignments; monitor status of work in progress, inspect completed work; and assist with complex or problem
situations by providing direction, advice, and technical expertise. The Assistant City Manager will also act on the behalf of
the City Manager in his absence.
FISCAL IMP ACT: The overall fiscal impact is $90,000 annually plus approximately 30% for benefits. Funds has been
budgeted for this position in Account 001 1210 512 12 10.
AL TERNA TIVES: Do not fill the position and continue to operate with limited recourses that require the City Manager and
the Assist nt to the City Manager to perform functions that are normally performed by the Assistant City Manager.
~.
Ity anager sIgnature
Assistant to City Manager
Human Resources
Department Name City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
LORI A. LA VERRIERE
6376 Bridgeport Lane
Lake Worth, FL 33463
Home Phone: 561.357.4723 & Cell Phone: 561.876.7150
Fax: 561.357.0166
Email: lorilaver@;hellsouth.net
EDUCATION:
Master Business Administration Palm Beach Atlantic University
June 1998 Sigma Beta Delta - Honor Society
Bachelor of Arts Florida International University
June 1987 Major: Business Adminstration/Marketing
Minor: International Business
PROFESSIONAL EXPERIENCE:
Contract Employee Contract EmoloveelSoecial Proiects: Currently serving as Interim
March 2007 - Present Finance Director for the City of Boynton Beach; other Boynton Beach
projects include update of Citywide Program Evaluation; Continuity of
Operations Plan; and miscellaneous projects as assigned,
Village of Golf Villat!e Manaf!er: Reported directly to five member Village Council;
Dec, 2005 - September 2006 directed the daily operations of the Village including Administration, Town
Clerk, Security and Utilities Departments; prepared and administered
combined annual operating and capital outlay budget of $3 IT'Jllion~
responsible for management of all Village personnel; negotiated contracts and
managed interlocal agreements; responsible for plan review and zoning
compliance on all development within Village.
Housing Trust Group of Florida
May 2002 - December 2002 Proiect Director: Managed development of multi-family housing
projects; coordinated project with local municipality for code
compliance; represent owner at related meetings; managed multi-million
project budgets; managed cOntracts witb consultants (i,e, civil/utility
engineer, architect, landscape architect); served as liaison between owner
and general contractor.
Town of Manalapan
October 1998 - May 2002 Town Manaf!er: Reported directly to a six member Town Commission;
responsible for the implementation of policies and programs as directed by
Town Commission; served as Chief Executive Officer of all Town municipal
service departments; directed daily operations of full-service municipality
including Administration, Public Safety (police and Fire), Utilities, Finance,
Town Clerk and Building Department; prepared and presented annual
operating budget including long range plan and capital outlay programs;
responsible for management of all Town personnel (twenty-eight
employees); administered a combined budget of $4 million; negotiated inter-
local agreements and franchises i.e. cable, natural gas, police/ftre; procured
grant fimding for various projects (beautification, E-9-1-1), Served as
Assistant Town Manager from Oct - Dec. 1998.
Lori La Verriere - Page 2
Town of Lantana
February 1988-0ctober 1998 Public Works Administrator: ADril1996 to October 1998
Managed and supervised all activities of the Public Works and Utilities
Department; responsible for daily operations of Vehicle Maintenance,
Building/Grounds Maintenance, Sanitation, Water Plant, and Sewer
Services; administered $3 million annual operating and capital improvements
budget; personnel management (35 employees); coordinated all capital
projects; contract administration of capital projects and outside contractual
services; prepared reports and cost analyses; developed and implemented
departmental policies, procedures and programs.
Administrative Services Coordinatorffown Qerk: Oct 1994 to Aoril1996
Assisted Town Manager in monitoring activities of all Town operating
departments; acted as Town Manager designee in all personnel related
matters; named Interim Town Manager during absence of Town Manager;
acted as Emergency Operations Commander during activation of Town
Disaster Plan; served as records custodian; responsible for preparation of
agenda and attendance at all Town Council meetings; responsible for
development of new Town public lIbrary; developed Request for Proposals
and Bid Specifications for various Town projects.
Public Works Director: October 1991 to October 1994
Responsible for the daily operation of Public Works Department which
included Sanitation, Vehicle Maintenance, Building Maintenance, and
Grounds Maintenance; management of thirty employees; administered budget
of $1 million; administered all capital projects; prepared and submitted grant
applications for various Townwide improvement projects; coordinated
various Townwide special events and beautification projects.
Soecial Pro;ects Coordinator: Februarv 1988 to October 1991
Directed Townwide special events and programs, i.e. curbside recycling
program, Holiday Parade and July 4th festivities; developed Townwide
newsletter; conducted independent research and prepared reports for
recommendations to the Town Manager on various issues; served as Town
liaison to various civic groups and outside organizations, i.e. Chamber of
Commerce, property owner associations; participated in development of
Townwide Comprehensive Land Development Plan.
Prior Professional Affiliations: Florida City and County Management Association
Palm Beach County City Management Association
International City Management Association
Palm Beach County League of Cities
Class Code 01029
Grade: 46
FLSA:E
CITY OF BOYNTON BEACH, FLORIDA
CLASSIFICATION SPECIFICATION
CLASSIFICATION TITLE: ASSISTANT CITY MANAGER (SERVICES)
PURPOSE OF CLASSIFICATION
The purpose of this classification is to direct operations and activities of the, Information
Technology Services/GIS, Risk Management, City Clerk's Office, Public Art, Recreation & Parks,
Golf Course, Grants, Library and related departments. The position may also serve as City
Manager in absence of the City Manager.
ESSENTIAL FUNCTIONS
The following duties are normal for this position. The omission of specific statements of the duties
does not exclude them from the classification if the work is similar, related, or a logical assignment
for this classification. Other duties may be required and assigned.
Supervises, directs, and evaluates assigned staff, processing employee concerns and problems, directing
work, counseling, disciplining, and completing employee performance appraisals
Coordinates work activities of assigned divisions/departments; organizes and prioritizes projects and
workload; makes work assignments; monitors status of work in progress and inspects completed work:
consults with assigned staff to review work requirements, status of work, and problems; assists with
complex or problem situations; provides direction, advice, and technical expertise,
Ensures compliance with all applicable codes, laws, rules, regulations, standards, policies and
procedures; ensures adherence to established safety procedures; initiates any actions necessary to
correct deviations or violations,
Consults with City Manager, Assistant to City Manager and other officials as needed to review
division/department activities, provide recommendations/technical expertise, resolve problems, or receive
advice/direction; advises City Manager on administrative details relating to daily functions of city
government; plans, enacts, and monitors special programs/activities as directed by City Manager; assists
City Manager with certain assigned duties,
Coordinates division/department activities with those of other divisions, departments, consultants, outside
agencies, or others as needed; participates with departments in accomplishment of activities necessary
for city operations; acts as technical advisor to other agencies/departments,
Performs the duties of City Manager in absence of City Manager and upon designation by City Manager,
With assistance of other Departments and the Assistant to City Manager works with City Manager to
develop and implement Economic Development Programs and strategies,
Serves as team leader to coordinate operations of Internal Service Divisions, including, Information
Technology Services/GIS, Risk Management, City Clerk's Office, Public Art, Recreation & Parks, Golf
Course, Grants, Library or other assigned areas; establishes goals for the division team and for individual
Page 1 Last Revised: August 2007
City of Boynton Beach, Florida · Assistant City Manager 01029
departments; assists departments in meeting operational objectives; participates in weekly team
meetings; coordinates team development and supervisory training in a creative "user group" environment.
Performs administrative functions associated with department/division operations; writes/updates
administrative policy manual, subject to City Manager's approval; reviews/revises procedures to
implement changes and improvements; makes suggestions to improve operational procedures; develops
methods/strategies to meet program goals/objectives consistent with county, state, federal, and
professional standards and/or needs of service population; monitors, allocates, and schedules resources
to ensure accomplishment of program goals.
Assists with preparation of annual City Budget; analyzes budget requests; researches budget-related
matters; tracks pertinent data to facilitate budget planning; monitors expenditures to remain within
established budget; develops revenue projections for next fiscal year; reviews budget
transfers/amendments for justification, fiscal impact, and conformance with applicable
policies/procedures,
Assists with preparation of agenda and support materials for City Commission meetings; serves on
committees as needed; attends board meetings, committee meetings, or other meetings; gives speeches
or presentations,
Documents all rights/obligations of the city and contractor/grantor to avoid misunderstandings regarding
contractual activity; reviews contracts/grants to ensure compliance with established policies;
amends/reconstructs contracts to comply with services needed,
Compiles or monitors various administrative and statistical data pertaining to departmental operations;
performs research as needed; makes applicable calculations; analyzes data and identifies trends;
prepares or generates reports; maintains records,
Prepares or completes various forms, reports, correspondence, logs, worksheets, graphs, tables, budget
documents, grant applications, newsletter articles, press releases, policies, procedures, or other
documents,
Receives various forms, reports, correspondence, budget documents, policies, procedures, manuals,
reference materials, or other documentation; reviews, completes, processes, forwards or retains as
appropriate,
Operates a computer to enter, retrieve, review or modify data; utilizes word processing, spreadsheet,
desktop publishing, or other software programs.
Serves as division/department representative on interdepartmental task forces and work groups at public
meetings, hearings, conferences, committee meetings, and board meetings.
Communicates with city manager, city officials, employees, other departments, consultants, regulatory
agencies, vendors, community organizations, outside agencies, the public, the media, and other
individuals as needed to coordinate work activities, review status of work, exchange information, resolve
problems, or give/receive advice/direction,
Troubleshoots problem situations; responds to complaints and questions; identifies irregularities and
potential problems before they become crucial; researches variables and alternatives before making
decisions; makes appropriate, unpopular, or difficult decisions in changing situations or under pressure,
Communicates via telephone and/or t:No-way radio; provides information, guidance, and assistance; takes
and relays messages,
Provides information and education to schools, civic groups, business organizations, the media, and
members of the community; gives speeches and presentations; prepares/distributes informational
Page 2 Last Revised: August 2007
City of Boynton Beach, Florida · Assistant City Manager 01029
materials; coordinates various public ceremonies, dedications, and special events and conducts tours as
necessary,
Maintains a comprehensive, current knowledge of applicable laws/regulations; maintains an awareness of
new procedures, technologies, trends, and advances in the profession; reads professional literature;
maintains professional affiliations; attends workshops and training sessions as appropriate,
ADDITIONAL FUNCTIONS
Responds to requests for information from the public and media representatives by assuring that current
information on city activities is easily available and accessible,
Writes grants to obtain funding for special projects and special projects,
Provides assistance or coverage to other employees as needed,
Performs other related duties as required,
MINIMUM QUALIFICATIONS
Minimum Bachelor's degree in Public Administration, Journalism, Public Relations, Political Science or
Business Administration with Master's level course work in the field; Master's degree strongly preferred;
supplemented by six (6) years previous experience and/or training that includes public administration,
municipal government operations, public relations, public finance administration, and budgeting; or any
equivalent combination of education, training, and experience which provides the requisite knowledge,
skills, and abilities for this job, Must possess and maintain a valid Florida driver's license,
PERFORMANCE APTITUDES
Data Utilization: Requires the ability to synthesize, hypothesize, and/or theorize concerning data involving
modification of existing policies, strategies and/or methods to meet unique or unusual conditions,
Requires the ability to do so within the context of existing organizational theories and management
principles,
Human Interaction: Requires the ability to function in a director capacity for a major organizational unit
requiring significant internal and external interaction.
Eauipment. Machinerv. Tools, and Materials Utilization: Requires the ability to operate, maneuver
and/or control the actions of equipment, machinery, tools, and/or materials used in performing essential
functions,
Verbal Aptitude: Requires the ability to utilize consulting and advisory data and information, as well as
reference, descriptive and/or design data and information as applicable,
Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication and division;
ability to calculate decimals and percentages; may include ability to perform mathematical operations with
fractions; may include ability to compute discount, interest, profit and loss, ratio and proportion; may
include ability to calculate surface areas, volumes, weights, and measures,
Functional Reasoninq: Requires the ability to apply principles of logical or synthesis functions; to deal with
several concrete and abstract variables; and to analyze major problems that require complex planning for
interrelated activities that can span one or several work units,
Page 3 Last Revised: August 2007
City of Boynton Beach, Florida · Assistant City Manager 01029
Situational Reasonin~r Requires the ability to exercise judgment, decisiveness and creativity in critical
and/or unexpected situations involving moderate risk to the organization,
ADA COMPLIANCE
Phvsical Ability: Tasks require the ability to exert light physical effort in sedentary to light work, but which
may involve some lifting, carrying, pushing and/or pulling of objects and materials of light weight (5-10
pounds), Tasks may involve extended periods of time at a keyboard or work station.
Sensory Reauirements: Some tasks require the ability to perceive and discriminate sound and visual cues
or signals. Some tasks require the ability to communicate orally,
Environmental Factors: Essential functions are regularly performed without exposure to adverse
environmental conditions,
The City of Boynton Beach, Florida, is an Equal Opportunity Employer. In compliance with the Americans
with Disabilities Act, the City will provide reasonable accommodations to qualified individuals with disabilities
and encourages both prospective and current employees to discuss potential accommodations with the
employer,
Page 4 Last Revised: August 2007
VI.-CONSENT AGENDA
ITEM H.
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 December 18, 2007 December 3,2007 (Noon) D February 19, 2008 February 4, 2008 (Noon)
[8J January 2, 2008 December 17,2007 (Noon) D March 4, 2008 February 19,2008 (Noon)
D January 15, 2008 December 31, 2007 (Noon) D March 18, 2008 March 3, 2008 (Noon)
D February 5, 2008 January 14,2008 (Noon) D April I, 2008 March 17,2008 (Noon)
D Announcements/Presentations D City Manager's Report
NATURE OF D Administrative D New Business
~- j
AGENDA ITEM [8J Consent Agenda D Legal ....,.......
r-'l
D Code Compliance & Legal Settlements D Unfinished Business r"l "
(-;
D Public Hearing D N ,)
-- ,
,
"
,-
RECOMMENDATION: Commissioner Marlene Ross requested authorization to attend FLC Fast Fly-in to ~hington;~
D.C. February 12-13,2008 .......
.r-
..
EXPLANA TION: During the trip, attendees will meet with members of Florida's Congressional Delegation tO$CUSS key
federal issues that affect municipalities. ' __~
PROGRAM IMP ACT: Legislative awareness.
FISCAL IMPACT: (Include Account Number where funds will come from) Funds are available in
001-1110-511-40-12
ALTERNATIVES: Not approve travel request.
~~- iu~~
Depa en Head's SIgnature City Manager's Signature
Assistant to City Manager
Department Name City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
City of Boynton Beach
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Date of Request: /)EL. ~/ 2008
,
City Commission Member Attending: /1 NJf lEA/I! If () .5J 6
Conference Name: r 11:5 I FEjE;(~/ rLY'..L/J
Conference Location: i1/;4.SJ/IJYh nil })L~
/
Conference Purpose: r1EET WI//! ftJEftJ/Sc/(:5 tP/,
C /)'11 J A 1: ~.5
Account to Charge: ttJ,c; j- / / /c?/ - S-//,. 'I.!) --/ ~
Dates of Travel & Attendance: c::z - / ) - CJ;) to ~ -/~-/' g' 2008
Cost of Conference: $ IVLJAJf
Cost of Travel: $ f}ff'I<.,o X Jtc//!? ,~
Cost of Lodging: $ cflJI+'1~ - 7v1J? 'I tEA /AJ IrE' /lh).~ -j;JX
~ft..3 ' - $tY?Ji fEl<. .Al1~ ;2(1./":' --;/fX
Cost of Car Rental: $ J)./&.N t!
Cost of Per Diem: $ '9r~
----------------
----------------
TOTAL
NOTE: City Commission travel requests must be approved in advance at
a regularly scheduled meeting of the City Commission,
Any expenses incurred over the maximum amount approved for breakfast, lunch or dinner will be considered cost of
the Commission Member and not the City, Meal rates are $12,00 breakfast, $15,00 lunch and $30,00 dinner
Please submit a conference agenda with this request. Please subtract all meals provided for bV conference
attendance fee.
Revised 12/19/07, CML
[f1lJ~f!
Action Strike Team
FAST Federal Fly-in to Washington D.C.
February 12-13,2008
Schedule of Events
Tuesday, February 12,2008
11 :30 a.m. Federal issues briefing/ Hotel George
Lunch will be provided
2:00 - 5:30 p.m. Meetings with Congress members
(latest schedule will be provided at briefing)
5:30 -7:00 p.m. Reception for FL Delegation! TBA
Dinner on your own
Wednesday, February 13,2008
8:30 a.m. Meet in Lobby of Hotel George
All day Meetings with Congress members
6:30 p.m. Group Reception & Dinner/ Bistro Bis Restaurant
Mezzanine & Inspiration Rooms/ Hotel George
Thursday, February 14, 2008
Fly home
Hotel George
15 E Street, NW
Washington DC 20001
(202) 347-4200 phone
~ www.hoteh!eort.!e,com
/ 't~GUE o~ Sign up now to attend the
~ r~
<::IfI:to ~
..... ..,.
Q: - FAST Fly-in to Washington, D.C.
0
...
....
FEDERAL ACTION STRIKE TEAM on February 12-13, 2008.
During the trip, attendees
will meet with members
of Florida's Congressional
Delegation to discuss key
federal issues that affect
municipalities.
Attendees may make hotel
reservations at the Hotel George in
Washington, D.C., by calling the hotel
at (202) 347-4200. Ask for the Florida
League of Cities room block to receive a
reduced rate. The Hotel George is located
at 15 E. Street, NW. Their fax number is
(202) 347-4213 and Web address is
www.hotelgeorge.com.
The first scheduled event is a federal
briefing at 11 :30 a.m. on Tuesday,
February 12 at the hotel. Please let the
League know if you can attend by January
11,2008, so we can coordinate meetings
with your Congress member.
VIII.-PUBLIC HEARING
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 December IS, 2007 December 3, 2007 (Noon) D February 19, 200S February 4, 200S (Noon)
IZI January 2, 200S December 17, 2007 (Noon) D March 4, 2008 February 19, 200S (Noon)
D January 15, 200S December 31, 2007 (Noon) D March] S, 200S March 3, 200S (Noon)
D April I, 2008 .'-~".;. l
D February 5, 200S January 14, 200S (Noon) March 17, 200S (No~nYj '"
c-='
r'.'"1
D Announcements/Presentations D City Manager's Report .::':: 1
NATURE OF D Administrative D New Business ~
AGENDA ITEM D Consent Agenda D Legal
.' ..~~
D Code Compliance & Legal Settlements D Unfinished Business i..",.>
..
IZI Public Hearing D -
.J:)
RECOMMENDATION: Please place this tabled request on the January 2,2008 City Commission Agenda under
Public Hearing. This item was tabled to the January 2nd meeting per request of the applicant to allow time to resolve current
code citations and site issues relative to the buffer fence and blowing sand. For additional information please see the
description below and the accompanying staff report.
EXPLANATION:
PROJECT: Cortina at Boynton Village (SPTE 07-010)
AGENT: Kim Glas-Castro, Ruden McClosky
OWNER: South Florida Devco, Inc.
LOCATION: Northeast corner of Old Boynton Road and Congress Avenue, just south of the SFWMD C-16
canal
DESCRIPTION: Request for a second one (1) year site plan time extension of a site plan (NWSP 05-001) originally
approved on September 20,2005 for 458 townhome units in the Boynton Village Development
This second request would extend approval from September 20,2007 to September 20,2008.
PROGRAM IMP ACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: 'tion as proposed by staff.
Developme
Assistant to City Manager
~ L~
./ Planning and Zonin~irector City Attorney / Finance
S:\Planning\SHAREDlWP\PROJECTS\Boynton Village-Boynton Town Center I \Boynton Village Cortina NWSP 05-001 \SPTE 07-01 O\Agenda Item
Request Cortina SPTE 07-010 1-2-0S,doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO, PZ 07-103
STAFF REPORT
TO: Chair and Members
Planning and Development Board and
Mayor and City Commission
FROM: Kathleen Zeitler K-c
Planner y
THROUGH: Michael W. Ru
Director of Planning and Zon ing
DATE: October 16, 2007
PROJECT NAME / Cortina at Boynton Village / SPTE 07-010
NUMBER:
REQUEST: Site plan time extension for 458 fee-simple townhouse units and related
site improvements on a 30.29-acre parcel in the SMU Suburban Mixed-Use
zoning district.
PROJECT DESCRIPTION
Property Owner: South Florida Devco, Inc.
Applicant: K. Hovnanian Homes
Agent: Mr. Steve Liller with K. Hovnanian Homes
location: Northeast corner of Old Boynton Road and Congress Avenue, just south of
the SFWMD C-16 canal (see Location Map - Exhibit "A")
Existing Land Use: Mixed Use Suburban (MX-S)
Existing Zoning: Suburban Mixed Use (SMU)
Proposed Use: 458 townhouse units
Acreage: 30.29-acres
Adjacent Uses:
North: Right-of-way for the SFWMD C-16 Canal, then farther north is developed
property with townhomes from Phase I of the Renaissance Commons
Master Plan with a Suburban Mixed Use (MX-S) land use classification,
zoned Suburban Mixed Use (SMU);
Staff Report - Cortina at Boynton ViI/age (SPTE 07-010)
Memorandum No PZ 07-103
Page 2
South: Right-of-way for Old Boynton Road, then farther south is developed
commercial property (Oakwood Shopping Center), with a Local Retail
Commercial (LRC) land use classification, zoned Community Commercial
(C-3);
East: Right-of-way of the LWDD E-4 Canal, then farther east is developed single
family residential (Sky Lake) with a Low Density Residential (LOR) land
use classification, zoned Single Family Residential (R-1-AA); and
West: Immediately west is the right-of-way for Renaissance Commons Boulevard
within the Boynton Village development. To the Northwest is Renaissance
Commons condominiums (under construction) within the Boynton Village
development with a Suburban Mix€d Use (MX-S)lahd'i.JseClassification,
zoned Suburban Mixed Use (SMU). To the Southwest are commercial
uses within the Town Center development with a Local Retail Commercial
(LRC) land use classification, zoned Community Commercial (C-3), then
farther west is right-of-way for Congress Avenue, still farther west is
developed commercial property (Boynton Beach Mall).
BACKGROUND
Mr. Steve Liller with K. Hovnanian Homes is requesting an additional one (1) year site plan time extension
for the Cortina project, a proposed 458 unit townhouse development on 30 acres of the 81.84-acre
Boynton Village mixed-use project. The site plan for the Cortina project (NWSP 05-001) was approved on
September 20, 2005 and was valid for one (1) year. At the time of site plan approval the regulations
allowed a total of one (1) year to secure a building permit following site plan approval; however, the
regulations have since been revised to allow an initia/18-month period to secure a building permit. A site
plan time extension (SPTE 06-012) for this project was approved on February 13, 2007, which extended
site plan approval for one (1) year, from September 20, 2006 to September 20, 2007. If this request for
an additional extension were approved, the expiration date would be extended to September 20, 2008.
The subject property, generally located at the northeast corner of Old Boynton Road and Congress
Avenue, is bounded by the LWDD C-16 Canal to the north, the LWDD E-4 Canal to the east, and Old
Boynton Road to the south. According to the original site plan staff report, the proposed Cortina at
Boynton Village project is a Suburban Mixed Use (SMU) Master Planned development approved for 458
fee-simple townhouse dwelling units. The project has been approved for the following: a land use
amendment (LUAR 04-006) from Moderate Density Residential (MoDR) to Mixed Use- Suburban (MX-S)
classification; a rezoning (LUAR 04-006) from Single-Family Residential (R-1-M) to the Suburban Mixed
Use (SMU) zoning district; a new site plan (NWSP 05-001); and a site plan time extension (SPTE 06-012).
The approved SMU master plan depicts the proposed Cortina project to be developed in two (2) phases
which will consist of a total of 458 fee-Simple townhouse units. The project proposes a mix of buildings
with a minimum of four (4) units to a maximum of six (6) units per building. The Cortina project was
approved with various models that would range up to 2,898 square feet under air. All units would have
three (3) bedrooms, and 127 units or (27.7%) are designated as "Jive/work" units located on the ground
floor. Live/work units are generally limited to professional and business services with no more than two
(2) on-site employees. The SMU zoning district limits the work space of the live/work unit to no more than
30% or 400 square feet, whichever is greater. The approved site plan indicates the townhouse buildings
Staff Report - Cortina at Boynton Village (SPTE 07-010)
Memorandum No PZ 07-103
Page 3
are approved with a Spanish-Mediterranean architectural style and building facades enhanced with
balconies, trim, banding, columns, shutters, medallions, decorative garage doors, and Spanish S-tile roof.
The proposed townhouse development would be constructed around an 8.3-acre lake. The Master Site
Data Plan indicates that the recreation areas would account for 2.1 acres of the subject site. Internal
private spaces in the form of small parks are sprinkled throughout the development, while a large five (5)-
acre public park is proposed on the southern portion, east of the spine road and adjacent to Old Boynton
Road. The two (2) recreation areas would have an 875-square foot clubhouse building and pool.
ANALYSIS
According to the current Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall
have eighteen (18) months to secure abuilding permit from the Development Department",however at
the time the site plan was approved, only one (1) year was allowed to secure a building permit. Examples
of building permits include but are not limited to the following: Plumbing, electrical, mechanical,
foundation, and structural. The Regulations authorize the City Commission to approve one (1) year time
extensions, provided that the applicant files the request prior to the expiration date of the development
order. In this case, the applicant has met that requirement. The Planning & Zoning Division received the
extension request August 22, 2007, approximately one (1) month prior to the expiration of the site plan.
The developer has indicated that recent changes in the local real estate market have compelled
K. Hovnanian Homes to review and reconsider the product they intend to construct. The renewed effort
will concentrate on creating more variety in product affordabHity, as mixed live/work units will combine
with both two (2) and three (3) story town homes to welcome a broader range of potential buyers. The
developer states that site plan amendments and required re-plat approval are estimated to delay the
project up to six (6) months. In the meantime, all land development permits for infrastructure and
construction have been obtained with the exception of the Boynton Beach land development permit, which
has been requested from the City and still requires payment of the Parks and Recreation impact fee.
A more formal criterion for evaluating requests for time extensions is compliance with concurrency
requirements. A letter from Palm Beach County Traffic Engineering was received indicating that the entire
Master Plan meets the traffic performance standards, with a series of conditions which limit or time
aspects of the development with certain roadway improvements. The site plan time extension would still
be subject to the original conditions of site plan approval. Lastly, no new land development regulations
are now in place which staff recommends should be applied to the subject project. As for application of
the Art in Public Places Ordinance, site plan approval occurred prior to the adoption of Ordinance 05-060.
RECOMMENDATION
Staff has reviewed this request for site plan time extension, and recommends approval, contingent upon
successfully 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.
S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center 1 \Boynton Vlllage Cortina NWSP 05-001 \SPTE 06-012\Cortina SPTE 06-
012 Staff Report.doc
Exhibit "A w, - Cortina
Location Map
. N
450 225 0 450 900 1,350 1,800 +
I I Feet w' E
S
EXHIBIT "E"
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City of Boynton Beach August 22, 2007
Planning and Zoning Division
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425-0310
Attn: Ed Breese
Dear Ed,
Please accept this letter as a written request for an additional time extension to our
approved site plm and Development Order for Cortina. Our original site plan expiration
date was September 20, 2006, we were granted a one year extension that expires Septem.be.r
20, 2007. K. Hovnanian Homes (fka Town and Country Homes) will notha:ve issued a
building pexmit by this date.
Based on the ongoing decl:ine in the housing market, K. Hovnanian Homes feels it is
necessary to implement changes to the product type approved at Cortina. In order to meet
the needs of the cun:ent rn2f"kf".t, we ate reviewing the cw:rent site plan and will be
imp1erT1"Pnt1ng changes that we feel will assist with the marlreting and selling of our homes.
We are, however, creating a product mix to include live/work units, front l:oad and rear load
3 story townhomes, and front load and teat load 2 stoI:y town homes along with chmges to
the amenities that are c:m:rently proposed We feel the product mix will create variety in
price and options to welcome a variety of end users. The process of amending the site plan
and revising the recorded plat is estimated to t:ake up to (6) six months therefore we are
requesting a (1) one year time extension to allow for the necessary time to revise and
approve our site plan and plat.
Please note to date, all land development permi:ts for infrastructure and construction
have been obtained with the exception of the Boynton Beach land development permit. .
Reservation fees for Water and Sewer have been paid.
K Hovnanian Homes has contnbuted their pronlta share to the building of the
common improvements both on and off site for Boynton Village. Approx.imately 6.8
million dollars will have been spent by K Hovnanian Homes for their promted share of the
Site Development Agreement for Boynton Village by the end of 2007. We are and will
1275 GATEWAY BOULEVARD, SUITE 101 I BOYNTON BEACH, FL 33426
TEL: (561) 364-3300 khov.com
-2- August 22, 2007
continue to maintain the LWDD Easement on the west side of the canal in addition to
mainmining the fence and windscreen.
I would like to offer in advance, our appreciation for your time and approval of the
requested time extension to Cortina. We look forward to continued success working with
the City as we move forward.
Sinc~ I
~&2J
Stephen B. Liller
Vice President of Land Development and
Acquisition
K Hovnaniml Homes
EXHIBIT ftC"~
Conditions of Approval
Project name: Cortina at Boynton Village
File number: SPTE 07-010
Reference:
I DEPARTMENTS I INCLUDE I REJECT Ii
! Ii
PUBLIC WORKS - General I
I
Comments: None X
I
PUBLIC WORKS - Traffic
COmlTlents: None X
UTILITIES I
Comments: None X I
i
FIRE
Comments: None X
POLICE
Comments: None X I
ENGINEERING DIVISION I
Comments: None X
BUILDING DIVISION
Comments: None X I
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X I
PLANNING AND ZONING I
i i
i I
Comments: I I
I I
1. The time extension is subject to the original Conditions of Approval. I X
i
Cortina at Boynton Village / SPTE 07-010
Conditions of Approval
Page 2
DEPARTMENTS INCLUDE REJECT
ADDITIONAL PLANNING AND DEVELOPMENT BOARD
CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Conunents:
To be determined.
S :\Planning\SHARED\WP\PROJECTSlBoynton Village-Boynton Town Center 1 \Boynton Village Cortina NWSP 05-001 \sPTE 07-01 O\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Cortina at Boynton Village
APPLICANT: South Florida Devco
APPLICANT'S AGENT: Kim Glas-Castro, Ruden McClosky
AGENT'S ADDRESS: 222 Lakeview Avenue, Suite 800, West Palm Beach, FL 33401
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 2, 2008
TYPE OF RELIEF SOUGHT: One (1) year site plan time extension until September 20, 2008, for
458 fee-simple townhouse units on a 30.29-acre parcel in the SMU
Suburban Mixed-Use zoning district.
LOCATION OF PROPERTY: Northeast corner of Old Boynton Road and Congress Avenue, just
south of the SFWMD C-16 canal (see Location Map - Exhibit "A")
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
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\Boynton Village-Boynton Town Center 1\Boynton Village Cortina NWSP 05-001\SPTE 07-
010\DO.doc
Meeting Minutes
Planning and Development Board
Boynton Beach, FL October 23, 2007
LOCATION: 1501 Corporate Drive
DESCRIPTION: Request for height exception approval to allow a
segment of parapet wall and mechanical equip-
ment at a height of 43 feet, eight (8) feet
above the 35 foot limit in the C-1 zoning district,
in conjunction with the construction of a 29,199
square foot office building.
Chair Wische opened the floor to public hearing on the Height Exception. No one coming
forward, Chair Wische closed the floor to public hearing.
Motion
Vice Chair Hay moved approval of the request for a height exception to allow a segment of
the parapet wall and mechanical equipment at a height of 43 feet, eight (8) feet above the
35 foot limit in the C-1 zoning district, in conjunction with the construction of a 29,199
square foot office building with all staff comments. Ms. Jaskiewicz seconded the motion
that unanimously passed.
B. at Boynton Village
Site Plan Time Extension
1. PROJECT: lIii.lli at Boynton Village (SPTE 07-010)
AGENT: Stephen Liller, K. Hovnanian Homes
OWNER: South Florida Devco, Inc.
LOCATION: Northeast corner of Old Boynton Road and
canal.
DESCRIPTION: Request for a second one (1) year site plan time
extension of a site plan (NWSP 05-001 )
originally approved on September 20, 2005 for
458 town home units in the Boynton Village and
Town Center Development. This second request
would extend approval from September 20, 2007
to September 20,2008.
Chair Wische presented the request.
Kathleen Zeitler, Planner, explained staff reviewed the request and recommended
approval subject to the original conditions of approval still being applicable. The justification
for the request was the local real estate market would require the applicant to amend the
site plan and replat and needed an additional six months.
Steve Liller, Agent for the project agreed with the conditions of approval.
Chair Wische opened the floor for public hearing. No one coming forward, Chair Wische
5
Meeting Minutes
Planning and Development Board
Boynton Beach, FL October 23, 2007
closed the floor to public hearing.
Motion
Mr. Saberson moved approval subject to all staff recommendations. Vice Chair Hay
seconded the motion that unanimously passed.
C. Land Development Regulation Rewrite
Group 4
Code Review
1. PROJECT: Land Development Regulations (LOR) Rewrite
Group 4 (CDRV 07-004)
AGENT: City-initiated
DESCRIPTION: A portion of Group 4 deliverable, pursuant to the
LOR Rewrite Work Schedule, which includes:
Article 1. Environmental Protection Standards
and Article II. Landscape Design and Buffering
Standards.
These proposed sections will ultimately replace
and enhance portions of the current LOR Part III,
Chapter 2 (Zoning), Sections 5 through 7, 8.5,
and 11; Chapter 4 (Site Plan Review), Section 8;
Chapter 6 (Required Improvements), Article III;
all of Chapter 7.5; Chapter 8 (Excavation and Fill
Regulations), Articles I through VI; and Chapter
9 (Community Design Plan), Sections 10 and 11.
Mr. Rumpf presented the changes in Group 4. These were still draft products submitted for
review and comment. The Group Four rewrite encompassed environmental protection and
design, buffering, exterior building and site design. Staff was still trying to promote user
friendliness and promote public and professional involvement. Planning staff held a
meeting with design professionals, landscape architects, tradesman and others for their
input to assist in this effort.
Exterior Building and Site Design would come at a later stage. The Environmental
Protection, Landscape Design and Buffering would be reviewed. Mr. Rumpf explained
when the rewrites are adopted applying these requirements to current projects could
possibly cause non-conforming elements. Certain elements could be brought to Code
without being problematic or cause monetary hardships to the property owners. There
was nothing in the rewrite that dealt with retroactivity, vesting, non-conformities and things
of that nature. There would, however, be other chapters dealing with processes and the
application process. This Code only applied to applicability with new projects, major
modification to existing projects, new areas that are paid.
6
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
D December 18, 2007 December 3, 2007 (Noon) D February 19, 2008 February 4,2008 (Noon)
[gJ January 2, 2008 December 17,2007 (Noon) D March 4, 2008 February 19,2008 (Noon)
r-::-) 1
D January 15,2008 December 31, 2007 (Noon) D March 18, 2008 March 3, 2008 (Noon)C)
"-1
D D April 1, 2008 ' --)
February 5, 2008 January 14, 2008 (Noon) March 17,2008 (NoonL
....0
-
,
D Announcements/Presentations D City Manager's Report
D D c..:'
NATURE OF Administrative New Business ..
-
AGENDA ITEM D Consent Agenda D Legal UJ
D Code Compliance & Legal Settlements D Unfmished Business
[gJ Public Hearing D
RECOMMENDATION: Please place this tabled request on the January 2,2008 City Commission Agenda under
Public Hearing. This item was tabled per request of applicant to address building design issues that were recently raised.
The Planning and Development Board reviewed and recommended approving this request on November 27,2007. For
further details pertaining to this request, see attached Department Memorandum No. 07-104.
EXPLANATION:
PROJECT: Boynton Mausoleum (MSPM 07-008)
AGENT: Jason Mankoff, Weiner & Aronson, P.A.
OWNERS: City of Boynton Beach
LOCATION: 1611 South Seacrest Boulevard
DESCRIPTION: Request for a major site plan modification for the addition of an approximately 3,162
square foot mausoleum building, on a 0.93 acre parcel zoned PU Public Usage.
PROGRAM IMP ACT: N/A
FISCAL IMP ACT: N/A
ALTERNATIVES: N/A
DevelOP~ ~~
~oning & Zoning D;,J;; IfM..- Assistant to City Manager
'" City Attorney / Finance
S:\Planning\SHARED\WP\PROJECTS\Boynton Mausoleum\Agenda Item Request Boynton Mausoleum MSPM 07-006 1-2-07.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 07-104
STAFF REPORT
TO: Chair and Members
Planning and Develo~ent Board
/; iV
THRU: Michael Rumpf/, ,l
Planning and toning Director
FROM: Ed Breese ~
Principal Planne
DATE: November 6, 2007
PROJECT NAME/NO: Boynton Mausoleum
MSPM 07-006
REQUEST: Major Site Plan Modification
PROJECT DESCRIPTION
Property Owner: City of Boynton Beach
Applicant: Boynton Beach Mausoleum, Inc
Agent: Jason Mankoff, Weiner & Aronson P.A.
Location: 1611 S. Sea crest Boulevard (see Exhibit "A" - Location Map)
Existing Land Use/Zoning: Public & Private Governmental/Institutional (PPGI) / Public Use (PU)
Proposed Land Use/Zoning: No change proposed
Proposed Use: Request for major site plan modification approval for the addition of
an approximately 3,162 square foot mausoleum building, on a 0.93
acre parcel.
Acreage: 0.93 acre
Adjacent Uses:
North: Previously constructed mausoleum buildings, then farther north right-of-way for
Woolbright Road, then farther north single-family residential homes, zoned Single-
Family (R1-AA);
South: High Point Condominiums, zoned Multi-Family Residential (R-3);
East: Cemetery property, then farther east right-of-way for Seacrest Boulevard; and
West: Boynton Beach little League Park, zoned Recreation (REC).
Staff Report - Boynton Mausoleum (MSPM 07-006)
Memorandum No PZ 07-104
Page 2
Project size: The project consists of the construction of the last in a series of mausoleum
buildings, with this building consisting of approximately 3,162 square feet.
Site Characteristic: The subject lease parcel is a long narrow piece of land, approximately 40 feet in
width, oriented north/south from Woolbright Road on the north to High Point
Condominiums on the south, and located at the west boundary of the cemetery
property .
BACKGROUND
Proposal: Boynton Beach Mausoleum, Inc. proposes to construct the last in a series of
mausoleum structures at Boynton Beach Memofial Park. Boynton' Beach
Mausoleum, Inc. entered into a thirty (30) year lease agreement with the City in
1978 to construct and maintain mausoleum structures with crypts, niches and a
chapel along the west side of the cemetery. The applicant proposes to construct a
3,162 square foot mausoleum building in line with the previously constructed
mqLJ?()I~LJm R.l,Ii1din9$Lc::9IJnectedby cQyeredwalkways, at the south end of the site,
just north of the High Point Condominium property.
ANALYSIS
Concurrency:
Traffic: A traffic concurrency approval letter was received from Palm Beach County Traffic
Engineering on October 29, 2007, indicating the project meets the traffic
performance standards of Palm Beach County. No building permits are to be issued
after the build-out date of 2009.
Police .. Fire: Police and Fire have indicated there are no additional impacts associated with the
proposed project.
Utilities: The Utilities Department indicates there would be no impacts to their operations
associated with this request.
Drainage: Conceptual drainage information was provided for the City's review. The
Engineering Division has found the conceptual information for the subject property
to be adequate and is recommending that the review of specific drainage solutions
be deferred until time of permit review (see Exhibit "c" - Conditions of Approval).
School: This project is exempt from the school concurrency requirements of Palm Beach
County.
Driveways: The subject property fronts on Woolbright Road, approximately 2,000 feet west of
Sea crest Boulevard. Existing on-site circulation consists of two (2) driveways east
of the leased parcel off of Woolbright Road, through the cemetery, and one (1)
driveway off of seacrest Boulevard, also through the cemetery.
Staff Report - Boynton Mausoleum (MSPM 07-006)
Memorandum No PZ 07-104
Page 3
Parking Facility: Cemeteries/Mausoleums do not have specific parking requirements listed within the
City's Land Development Regulations. Typically, cemeteries provide a limited
number of parking spaces associated with the office and maintenance components
of the operations. Visitors to the gravesites or places of interment normally park
near the gravesite, along the internal circulation drive, for a short duration. As a
result, few formal parking spaces are usually provided unless a funeral home is
located within the cemetery itself. As such, Chapter 2, Zoning, Section 11,
Supplemental Regulations, H.5. states, "No fewer than four (4) parking spaces shall
be provided for any nonresidential use". The cemetery provides space for six (6)
parking spaces at the office/maintenance building. Traffic circulation is provided
throughout the cemetery and to each of the existing and the proposed mausoleum
structures. The existing road system allows for ease of movement by emergency
and general service providers as well.
Landscaping: The addition of the last in a series m~usoleum structures is designed to follow the
same landscape theme of the previous structures. The planting design involves the
placement of a hedge along the east side of the mausoleum building, adjacent to
the circulc:ltion drive.
Building and Site: The building design is proposed to match that of the previously approved
mausoleum structures. Sheet A4 provides an illustration of the proposed building
facades, with three (3) sides of the building consisting of polished marble, with
marble edging, limestone fascia and limestone columns. The fourth side (south
elevation), is proposed as a stucco finish, with marble edging and limestone fascia.
The building is designed at a height of approximately 16 feet - 6 inches, well within
the allowed height of 45 feet within the Public Usage (PU) zoning district. The
proposed mausoleum will be connected by covered walkway to the previously
constructed mausoleum buildings. It is proposed to be the southernmost building in
line, with a setback of approximately 32 feet from the south end of the site,
abutting High Point Condominiums.
The site plan was originally submitted showing the proposed mausoleum to
encroach across the west property line of the cemetery, though still within City-
owned property, generally similar to how a previous phase was approved and
constructed. Staff has found this design to be inconsistent with the agreement
governing the construction of mausoleum buildings in the cemetery, and therefore
requested that the building be relocated wholly onto the cemetery property. The
applicant relocated the mausoleum within the property line, but it appears as
though the building, as designed, will not fit completely within the 40-foot wide
lease area. As such, a comment remains requiring the building to be modified
and/or sited to avoid any encroachments and ensure placement within the lease
area as indicated within the agreement with the applicant (see Exhibit "C" -
Conditions of Approval).
Design: The color on the mausoleum is proposed to match the existing pale pink marble
buildings to which it will be connected. The building style, materials and colors are
compatible with surrounding development.
Staff Report - Boynton Mausoleum (MSPM 07-006)
Memorandum No PZ 07-104
Page 4
Signage: The applicant is not proposing any new signage in conjunction with these
improvements.
RECOMMENDATION:
The Technical Application Review Team (TART) has reviewed this request for major site plan modification
approval. Staff recommends approval, contingent upon all comments indicated in Exhibit"C" - Conditions
of Approval. Staff recommends that the deficiencies identified in this exhibit be corrected on the set of
plans submitted for building permit. Also, any additional conditions recommended by the Board or City
Commission shall be documented accordingly in the Conditions of Approval.
S:\Planning\SHARED\WP\PROJEcr5\Boynton Mausoleum\MSPM 07-006\Staff Report.doc
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EXHIBIT "C"
Conditions of Approval
Project name: Boynton Mausoleum
File number: MSPM 07-006
Reference: 2nd review plans identified as a Major Site Plan Modification with an October 30, 2007 Planning &
Zomng date stamp marking.
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS- Solid Waste
Comments: None X
PUBLIC WORKS - Forestry & Grounds
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments:
1. LDR Chap. 3, Art. N, Sec. 3(0) requires Master Plans to show all utilities X
on or adjacent to the property. The plan must therefore show the (any) point
of service for water, and the proposed off-site utilities construction needed
in order to service this project. This would include any irrigation systems
currently in use.
2. Any and all utility easements shall be shown on the rectified site plan and X
any landscaping drawings so that we may determine which appurtenances,
trees or shrubbery may interfere with potential utilities. In general, palm
trees will be the only tree species allowed within utility easements. Canopy
trees may be planted outside of the easement so that roots and branches will
not impact those utilities within the easement in the foreseeable future.
LDR Chap. 7.5, Art. I, Sec. 18.1 give public utilities the authority to remove
any trees that interfere with utility services, either in utility easements or
public rights-of-way.
FIRE
Comments: None X
POLICE
Comments: None X
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
ENGINEERING DIVISION
Comments:
3. The proposed site plan is reflecting several drywells (on the west side of the X
proposed building). Provide drainage calculations showing the amount of
rainfall to be retained on-site.
4. All comments requiring changes and/or corrections to the plans shall be X
reflected on all appropriate sheets.
5. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the Technical Advisory
Review Team (TART) process does not ensure that additional comments
may not be generated by the Commission and at permit review.
BUILDING DIVISION
Comments:
6. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TART (Technical
Advisory Review Team) process does not ensure that additional comments
may not be generated by the commission and at permit review.
7. Buildings, structures and parts thereof shall be designed to withstand the X
minimum wind loads of 140 mph. Wind forces on every building or
structure shall be determined by the provisions of ASCE 7, Chapter 6, and
the provisions of 2004 FBC, Section 1609 (Wind Loads). Calculations that
are signed and sealed by a design professional registered in the state of
Florida shall be submitted for review at the time of permit application.
8. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
9. Identify within the site data the finish floor elevation (lowest floor elevation) X
that is proposed for the building. Verify that the proposed elevation is in
compliance with regulations of the code by adding specifications to the site
data that address the following issues:
A) The design professional-of-record for the project shall add the following
text to the site data. "The proposed finish floor elevation _' _ NGVD is
above the highest 100-year base flood elevation applicable to the building
site, as determined by the SFWMD's surface water management
construction development regulations."
B) From the FIRM map, identify in the site data the title of the flood zone
that the building is located within. Where applicable, specify the base flood
elevation. If there is no base flood elevation, indicate that on the plans.
C) Identify the floor elevation that the design professional has established for
the building within the footprint of the building that is shown on the
I DEPARTMENTS I INCLUDE I REJECT I
drawings titled site plan, floor plan and paving/drainage (civil plans).
10. At time of permit review, submit separate surveys of each lot, parcel, or X
tract.
II. Add a general note to the site plan that all plans submitted for permitting X
shall meet the City's codes and the applicable building codes in effect at the
time of permit application.
12. 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 by the City Commission.
13. The full address of the project shall be submitted with the construction X I
documents at the time of permit application submittal. The addressing plan
shall be approved by the United States Post Office, the City of Boynton
Beach Fire Department, the City's GIS Division, and the Palm Beach
County Emergency 911.
A) Palm Beach County, Planning, Zoning, & Building Division, 100
Australian Avenue, West Palm Beach, Florida (Sean McDonald-56I-
233-5013).
B) United States Post Office, Boynton Beach (Michelle Bullard-561-734-
0872).
14. Sheet Al - The bottom of all footings shall be a minimum of 12 inches X
below grade per the FBC Sect 1805.1. Revise the note on Sheet AI. I
PARKS AND RECREATION
Comments:
15. Plant sizes do meet minimum dimension requirements within the code. X
Please correct.
16. Irrigation should have 110% coverage. X :
17. The use of cypress mulch is prohibited. X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING ,
Comments:
18. It is the applicant's responsibility to ensure that the new site plan is publicly X
advertised in accordance with Ordinance 04-007. I
,
Conditions of Approval
4
I DEPARTMENTS I INCLUDE I REJECT I
19. The applicant is responsible for compliance with Ordinance 05-060, the" Art X
in Public Places" program and must demonstrate their participation.
20. Modify the plans and/or the proposed mausoleum building to show the X
placement of the building in the area described in Exhibit "A" of the 1978
Agreement between the City and Boynton Beach Mausoleum, Inc.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments: I I I
I To be determined.
S :\Planning\SHAREDI WP\PROJECTS\Boynton Mausoleum\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Boynton Mausoleum
APPLICANT'S AGENT: Weiner & Aronson, P,A.
APPLICANT'S ADDRESS: 102 N. Swinton Avenue, Delray Beach, FL 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 2,2008
TYPE OF RELIEF SOUGHT: Request for major site plan modification approval for the addition of an
approximately 3,162 square feet mausoleum building, on a 0.93 acre
parcel.
LOCATION OF PROPERTY: 1611 S. Sea crest Boulevard
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
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: \Plan ning\S HARED\WP\PROJ ECTS\Boynton Mausoleum\DO, doc
Meeting Minutes
Planning and Development board
Boynton Beach, Florida November 27, 2007
Vote
The motion passed 6-1 (Mr. Lis dissenting).
The meeting recessed at 9:06 p.m. and reconvened at 9:12 p.m.
D. Boynton Mausoleum
Maior Site Plan Modification
1. PROJECT: Boynton Mausoleum
AGENT: Jason Mankoff, Weiner & Aronson, P .A.
OWNER: City of Boynton Beach
LOCATION: 1611 South Seacrest Boulevard
DESCRIPTION: Request for a major site plan modification for
the addition of an approximately 3,162 square
foot mausoleum building, on a 0.93 acre
parcel zoned PU Public Usage.
Mr. Breese advised the proposal was for a 3,162 square foot mausoleum structure.
Boynton Beach Mausoleum entered into a 3D-year lease agreement with the City in
1978 to construct and maintain mausoleum structures with crypts, niches and a chapel
along the west side of the cemetery. The landscape plan would be similar to the rest of
the mausoleum structures. The design would provide for a hedge along the east side
of the mausoleum, adjacent to the circulation drive. The building design was proposed
to match the other buildings already on the site. Three sides of the building would
consist of polished marble, with marble edging and limestone fascia. The fourth side
(south elevation) was proposed as a stucco finish with marble edging and limestone
fascia. The building was designed at approximately 16 feet in height, well within the 45
feet allowed in the Public Usage (PU) zoning district. It appeared as though the
building as designed would not fit completely on the 40 foot wide lease area. A
condition of approval required the building be modified or sited to avoid any
encroachments and to ensure its placement was within the lease area as indicated in
the agreement with the applicant. . Staff recommended approval of the request.
Ms. Jaskiewicz inquired whether the condition had been resolved. Mr. Breese advised
staff had discussions with the applicant and he did not foresee a problem with the
condition.
Jason Mankoff, Weiner & Aronson, P.A., advised they had accepted all the conditions
of approval, and the issue had been resolved. The architect was drawing up the plans
indicating the building was within the 40 foot wide area, and the plans would be
submitted to the City some time next week.
16
Meeting Minutes
Planning and Development board
Boynton Beach, Florida November 27, 2007
Acting Chair Casaine invited public comments. No one having come forward, public
comments were closed.
Mr. Blehar inquired whether the applicant could improve the landscaping along the
perimeter. Mr. Breese commented it would not be an issue for the applicant, as it was
a City-owned cemetery. He added palm trees were recently planted at the site, but it
would be a tremendous expense to lushly landscape around the perimeter of the site.
Motion
Mr. Lis moved approval. Ms. Grcevic seconded the motion that passed unanimously.
E. High Ridge PUD
Maior Site Plan Modification
1. PROJECT: High Ridge PUD (MSPM 07-010)
AGENT: Tim Hernandez, New Urban High Ridge, LLC
OWNER: New Urban High Ridge, LLC
LOCATION: Northwest corner of High Ridge Road and
Miner Road
~ DESSCRIPTION: Request for a major site plan modification to
change the type of housing unit approved from
48 single-family detached units (a net
reduction of 64 units), and to change other
site-related improvements on 18.44 acres
zoned PUD.
Kathleen Zeitler, Planner, advised the project was previously approved for a total of 174
units consisting of 48 single-family detached and 126 townhouse units. The applicant
wished to reduce the number of units to 110 single-family detached units. The property
located at the northwest corner of Miner Road and High Ridge Road was previously
approved and received a site plan time extension. The reduction in density would
decrease from 9.43 dwelling units per acre to 5.96 dwelling units per acre. A revised
traffic concurrency approval would be required as a condition o( approval prior to
permitting. The applicant recently received the school concurrency approval.
In the previously-approved development, single-family detached units were located on
the larger lots to the west, adjacent to the country club. The smaller lots were along
High Ridge Road where the fee-simple townhouse units were going to be built. The
applicant proposed a new site plan that basically was the same with respect to the large
lots. The lake and amenity areas with the pool and pool house remained. The only
changes were to the street and lot layouts along High Ridge Road, where single-family
17
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
D December 18, 2007 December 3, 2007 (Noon) D February 19,2008 February 4, 2008 (Noon)
[8J January 2, 2008 December 17,2607 (Noon) D March 4, 2008 February 19,2008 (Noon)
D January IS, 2008 December 31,2007 (Noon) D March 18,2008 March 3, 2008 (Noon)
C-:J
D February 5, 2008 January 14,2008 (Noon) D April I, 2008 March 17, 2008 (Noon~::-~]
)
- )
~.D
-
D Announcements/Presentations D City Manager's Report --"....,
D D _..~. -
NATURE OF Administrative New Business i- _~ _
AGENDA ITEM D Consent Agenda [8J Legal -
D D I.D
Code Compliance & Legal Settlements Unfinished Business
.g] Public Hearing D
RECOMMENDATION: Please place this tabled request on the January 2,2008 City Commission Agenda under
Public Hearing and Legal, Ordinance - First Reading. The City Commission tabled the request on December 18, 2007 to
allow the applicant time to consider comments on project signage, The Commission questioned the sign size, compatibility
with area signage, the implications of the sign text (i.e. "D.U.I"), and the necessity for both a wall and site sign. For further
details pertaining to this request, see attached Department Memorandum No. 07-123.
EXPLANATION:
PROJECT: Ticket Clinic (ANEX 07-001)
AGENT: Bradley Miller, AICP, Miller Land Planning Consultants, Inc.
OWNERS: J er Enterprises, LLC
LOCATION: 3349 Federal Highway (East side of Federal Highway, north of Gulfstream Boulevard)
DESCRIPTION: Request to annex the subject property (0.37 acres).
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES, ~ ~h
Dovolopmont Dep'nmen~
lty anager s 19nature
Assistant to City Manager
~ ~I<<-
" Planning & Zoning D~or City Attorney / Finance
S:\Planning\SHARED\WP\PROJECTS\Ticket Clinic\ANEX 07-00 I \Agenda Item Request Ticket Clinic ANEX 07-001 1-2-08.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. 07- 03B
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, ANNEXING 0.37+/- ACRES OF
5 LAND THAT IS CONTIGUOUS TO THE CITY
6 LIMITS WITHIN PALM BEACH COUNTY AND
7 THAT WILL, UPON ANNEXATION, CONSTITUTE
8 A REASONABLY COMPACT ADDITION TO THE
9 CITY BOUNDARIES; PROVIDING THAT THE
10 PROPER LAND USE DESIGNATION AND
11 PROPER ZONING OF THE PROPERTY SHALL BE
12 REFLECTED IN SEPARATE ORDINANCES TO BE
13 PASSED SIMUL T ANEOUSL Y HEREWITH;
14 PROVIDING FOR CONFLICTS, SEVERABILITY,
15 AND AN EFFECTIVE DATE; PROVIDING THAT
16 THIS ORDINANCE SHALL BE FILED WITH THE
17 CLERK OF THE CIRCUIT COURT OF PALM
18 BEACH COUNTY, FLORIDA, UPON ADOPTION.
19
20 WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the
21 development of an Annexation Program; and
22 WHEREAS, Jer Enterprises, LLC, owner, by and through its agent, Bradley Miller,
23 AICP of Miller Land Planning Consultants, of the property more particularly described
24 hereinafter, have heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, of
25 the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of annexing a
26 certain tract ofland consisting of approximately 0.37+/- acres; and
27 WHEREAS, the City of Boynton Beach hereby exercises its option to annex the
28 following tract of land as hereinafter described, in accordance with Article I, Section 7 (32)
29 of the Charter of the City and Section 171.044, and 171.062(2), Florida Statutes; and
30 WHEREAS, said tract of land lying and being within Palm Beach County is
31 contiguous to the existing city limits of the City of Boynton Beach, and will, upon its
32 annexation, constitute a reasonably compact addition to the City boundary,
S:\CA\Ordinances\Planning\Annexations\Annexation - Ticket Clinic,doc
1
1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
2 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
3 Section 1. That each and every Whereas clause is true and correct.
4 Section 2. Pursuant to Article I, Section 7 (32) of the Charter of the City of
5 Boynton Beach, Florida and Section 171.044, Florida Statutes the following described
6 unincorporated and contiguous tract of land situated and lying and being in the County of
7 Palm Beach, Florida, to wit:
8 Lots 2 and 3 less the westerly 17 feet thereof, Kings Subdivision,
9 according to the Plat thereof, as recorded in Plat Book 20, Page 47,
10 of the Public Records of Palm Beach County, Florida.
11
12 CONTAINING 0.37 ACRES (16,088 Sq. Ft.) OF LAND.
13
14 Subject to easements, restrictions, reservations, covenants and
15 rights-of-way of record.
16
17 is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall be
18 and become part of the City with the same force and effect as though the same had been
19 originally incorporated in the territorial boundaries thereof.
20 Section3: That Section 6 and 6( a) of the Charter of the City of Boynton Beach,
21 Florida, is hereby amended to reflect the annexation of said tract of land more particularly
22 described in Section 2 of this Ordinance.
23 Section 4: That by Ordinances adopted simultaneously herewith, the proper City
24 zoning designation and Land Use category is being determined as contemplated in Section
25 171.162(2), Florida Statutes.
26 Section 5. All ordinances or parts of ordinances in conflict herewith are hereby
27 repealed.
28 Section 6: Should any section or provision of this Ordinance or any portion thereof
S:\CA \Ordinances\PJanning\Annexations\Annexation - Ticket Clinic.doc
2
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 7: This Ordinance shall not be passed until the same has been advertised
4 for two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton
5 Beach, Florida, as required by the City Charter and Section 171.044, Florida Statutes.
6 Section 8. This ordinance shall become effective immediately upon passage,
7 Section 9. This ordinance, after adoption, shall be filed with the Clerk of the
8 Circuit Court of Palm Beach County, Florida.
9 FIRST READING this ~ day of Dece.tnb er ,2007.
10 SECOND, FINAL READING and PASSAGE this _ day of .2008.
111 CITY OF BOYNTON BEACH, FLORIDA
121
~~ II Mayor - Jerry Taylor
1511
1611 Vice Mayor - Jose Rodriguez
171
18'
19
20 Commissioner - Ronald Weiland
21
221 Commissioner - Woodrow L. Hay
231
241
25
26 Commissioner - Marlene Ross
27
28 ATTEST:
29
3011
31
32 Janet M. Prainito, CMC
33 City Clerk
34
35
36 (Corporate Seal)
S :\CA \Ordinances\Planning\Annexations'Annexation - Ticket Clinic.doc
3
I
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DMSION
MEMORANDUM NO. PZ 07-123
TO: Chair and Members
Planning & Developmlt~d and City Commission
FROM: Gabriel wuebben~
Planner ,~
THROUGH: LeJ
Michael W. Rumpf
Director of Planning and Zoning
DATE: November 7, 2007
PROJECT NAME/NUMBER: Ticket Clinic /(ANEX 07-001) (LUAR 07-005)
REQUEST: To annex a 16,088 square foot (0.37-acre) parcel, to reclassify
land use to Local Retail Commercial (LRC), and to rezone to C-3,
Community Commercial.
PROJECT DESCRIPTION
Property Owner: Jer Enterprises, LLC
Applicant/Agent: Mr. Ted Hollander / Bradley Miller, Miller Land Planning
Consultants Inc.
Location: 3349 North Federal Highway, south of Turner Road on the east
side of Federal Highway, (see Exhibit "A" - Location Map)
Parcel Size: 16,088 square feet (0.37 acre)
Existing Land Use: CH/5 Commercial High (Palm Beach County)
Existing Zoning: CG General Commercial (Palm Beach County)
Proposed Land Use: Local Retail Commercial (LRC)
Proposed Zoning: C-3, Community Commercial
Proposed Use: The applicant intends to refurbish the existing building, improve
the parking and landscaping, and use the existing structure for
professional offices. A site plan application has been filed and is
currently under review.
Page 2
Ticket Clinic
ANEX 07-001 and LUAR 07-005
Adjacent Uses:
North: Developed commercial property classified in Palm Beach County
as Commercial High (CH5), and zoned as General Commercial
(CG) in Palm Beach County (J&L new Antiques and Outdoor
Patio);
South: Undeveloped residential property recently approved as Tuscan
Villas, classified as Special High-density Residential (SHDR) land
use and zoned Infill Planned Unit Development (IPUD);
East: Developed single-family residential subdivision (Tradewinds
Estates) classified in Palm Beach County as Medium Density
Residential (MR-5), and zoned Single-Fami!y Residential (RS) in
Palm Beach County; and
West: Right-of-way for Federal Highway, then farther west is property
classified as Special High Density Residential (SHDR) and zoned
Planned Unit Development (PUD), approved for 109 townhomes
(forthcoming GulfstreamGardens II project).
EXECUTIVE SUMMARY
Staff recommends approval of the requested annexation (land use amendment ( rezoning for
the following reasons:
1. The requested annexation is consistent with the objectives of the City's annexation
program, which emphasizes the annexation of enclaves, and relevant policies in the
Comprehensive Plan;
2. The requested land use and zoning are consistent with respective current designations
in unincorporated Palm Beach County;
3. The request will not create additional impacts on infrastructure that cannot be
accommodated by the City at present;
4. The requested land use and rezoning will provide the opportunity to return a blighted
and derelict property into an appealing, code-compliant site (NWSP 07-009) at the
southern gateway to Boynton Beach; and,
5. The requested change would help to further provide an economic contribution to both
the neighborhood and to the City.
Page 3
Ticket Clinic
ANEX 07-001 and LUAR 07-005
PROPERTY OWNER NOTIFICATION
Owners of properties within 400 feet of the subject annexation I land use amendment I
rezoning 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.
PROJECT ANALYSIS
The parcel which is the subject of this request for annexation, land use amendment, and
rezoning totals 16,088 square feet or 0.37 acre. Because of the size of the property under
consideration, the Florida Department of Community Affairs classifies this amendment as a
"small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the
Florida Department of Community Affairs, and is not reviewed for compliance with the state,
regional and local comprehensive plans prior to adoption. The site is currently developed with a
one (l)-story, 2,400 square foot commercial building and an existing asphalt parking lot.
Previously, Gulfstream Carpet occupied the site, however, the business is no longer active, and
the building has been unoccupied for several months.
The proposed land use amendment I rezoning application is being reviewed concurrently 'Nith
an accompanying request for annexation. The subject property's current land use classification
is Commercial High with underlying Medium Density Residential of five (5) dwelling units per
acre (Palm Beach County CHIS). The applicant is requesting to annex into the City to utilize the
Local Retail Commercial (LRC) land use classification and the Community Commercial (C-3)
zoning district. The proposed land use classification (LRC) is the city's equivalent to the
County's CHIS land use classification, in terms of the allowable uses and respective intensities.
Therefore, the requested land use amendment / rezoning application meets the conditions
specified in Chapter 2, Section 9.C.2(2) of the Land Development Regulations stipulating that in
cases of annexation in which the Future Land Use and Zoning classifications of applicant Palm
Beach County properties are consistent with Future Land Use and Zoning classifications in the
City's Comprehensive Plan, the standard criteria for qualifying the change in Land Use and the
Rezoning maintained in Chapter 2, Section 9.C.7, shall not be applied. Since this is the case,
the request is relatively straightforward and would not require an evaluation of the eight (8)
criteria against which rezoning applications are normally reviewed, as outlined in Chapter 2,
Section 9.C.7 of the Land Development Regulations. Instead, staff analysis will relate to
consistency with other relevant portions of the Comprehensive Plan, the city's annexation
policy, service capability, and the conforming I non-conforming status of the property and uses.
The only policy in the Comprehensive Plan that would be pertinent to this request for
annexation I land use amendment I rezoning would be Policy 8.10.4, which states the
following:
8.10.4: The City shall coordinate with Palm Beach County regarding the prevention of
enclaves, pockets, or other undesirable land configurations adjacent to, or in the
proximity to, corporate limits, prior to annexation of any parcels into the City.
The annexation of the subject property will further the efforts to annex enclaves and pockets as
promoted by the county and practiced by the City. Currently, objectives of the City's
annexation policy include annexing all enclaves and pockets less than 10 acres, and to
Page 4
Ticket Clinic
ANEX 07-001 and LUAR 07-005
incrementally annex enclave and pocket properties with the intent to reducing them below the
10-acre threshold. Therefore, the annexation of this parcel is consistent with the only policy
within the Comprehensive Plan regarding annexation.
Existing land uses along the U.S. 1 frontage are predominately retail; therefore a Local Retail
Commercial (LRC) land use designation and Community Commercial (C-3) zoning category are
appropriate, both for lots which are presently in the City, and for those which will be annexed.
The subject property lies within Planning Area V as designated in the Federal Highway Corridor
Community Redevelopment Plan. Area V contains a mix of land uses, including commercial
uses, on small parcels. The residential nature of Planning Area V is to be preserved according
to the Federal Highway Redevelopment Plan, which serves as the foundation for the creation of
the Infill Planned Unit Development zoning district. However, although residential uses are
encouraged in the redevelopment of Planning Area V, the subject property is insufficient in size
to support a residential project.
In connection with previous annexation studies, city departments most affected by annexations
(e.g. Police, Fire, and Public Works), have been surveyed for issues related to service capability
and costs. All opinions previously collected from these departments supported the incremental
annexation of enclaves. These opinions have been based on the following:
1. The enclaves are all immediately adjacent to areas within the city that currently receive
urban services;
2. Ample service capacity exists to serve adjacent unincorporated properties; and
3. Most enclaves currently receive service from the city via the mutual aid agreement
(Police and Fire / EMS only);
With respect to impact upon roadways, the Palm Beach County Traffic Division has yet to
review the project to confirm that it meets Traffic Performance Standards of Palm Beach
County. The applicant must provide evidence of Traffic Concurrency prior to ordinance
adoption.
The Police and Fire Departments report that this project has been reviewed for potential service
impacts and availability, and based on the proposed use, office /professional space, it has been
determined that services allocated to, or existing within the area are adequate to provide the
project with a necessary level of service.
With respect to the status of the site and any existing or proposed uses, the property appears
to have been abandoned for some time. This conclusion is based on the lack of property
maintenance, the dilapidated condition of the existing building, and lack of intact site and
building signage. The site generally conforms to the City's site regulations including minimum
lot area and frontage, as indicated by the survey and other site plan documents simultaneously
submitted for new site plan approval (NWSP-07-Q06). There is however, a site sign proposed
for the project that would not conform to the city's sign regulations with respect to maximum
height and minimum setback. The proposed sign is actually in place, and staff understands that
it was the subject of a county sign permit. However, staff also understands that its current
location is inconsistent with the corresponding permit, and that it may have been initially
Page 5
Ticket Clinic
ANEX 07-001 and LUAR 07-005
planned for an existing sign structure located at the southwest corner of the property. Instead,
it was erected with a new structure just north of the existing driveway with the intent that its
placement would be followed-up with a corresponding amendment to the sign permit.
The City's sign regulations (Part 3, Chapter 21) require that all non-conforming signs annexed
into the city be brought into compliance within 6 months of annexation. However, given the
lack of county approval, and since the request for annexation is being accompanied by a
request for site plan approval, the sign has no official pre-existing status and should therefore
be brought into compliance with city regulations as a condition of annexation. In addition to
providing a sign that complies with the City's height and setback standards, it should also be
modified to provide a color scheme and letter size that is more compatible with the vision for
the corridor, which in part, is represented by the existing and proposed residential projects
along the corridor. More recently approved signage in this area along Federal Highway is
typically constructed of decorative stone and brick, with stylized lettering and an emphasis on
aesthetic qualitY: EXiSting signs in the corridor represent acOm6fniitiOriHof a variety of old
commercial signs, most of which were recently identified by the County as part of a non-
conforming sign study, and new residential signage that is consistently seen as part of entry
walls and other features, using block and stucco, tile, scoring, channel letters and external
illumination. Although commercial developments typically do not present the same opportunity
for highly stylized signage" the City should attempt to maintain a minimum standard with
respect to the quality of signage permitted. Staff recommends that the applicant revisit the
design of the sign face in an effort to bring the proposed signage more in line with that of the
surrounding area, with particular emphasis on colors and lettering (For additional information
on this sign, see Exhibit "c" - Conditions of Approval, Exhibit "D" - Federal Highway Signage
Examples, and the staff report for the corresponding site plan application).
CONCLUSIONS/RECOMMENDATIONS
As indicated herein, this request is consistent with the intent of the Comprehensive Plan; would
not create additional impacts on infrastructure that have not been anticipated in the
Comprehensive Plan; would be compatible with adjacent land uses and would contribute to the
overall economic development of the City. Therefore, staff recommends that the subject
request be approved. If additional conditions of approval are recommended by the Community
Redevelopment Agency Board or required by the City Commission, they will be included as
Exhibit "c" - Conditions of Approval.
ATTACHMENTS
S:\Planning\SHARED\WP\PROJEcrS\Ticket Clinic\LUAR 07-005\Staff Report - Ticket Clinic LUAR.doc
Ticket Clinic - Exhibit nA.. - Site Location Map
3349 N. Federal Hwy. - ANEX 07-001/LUAR 07-005
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M:\M L P C\PROJECTS\The Ticket Clinic\DRAWINGS\Site Plan Tart Comments.dwQ, 10/22/20074:11:12 PM, Adobe PDF
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EXHIBIT "C"
Conditions of Approval
Project name: Ticket Clinic
File number: ANEX 07-001/LUAR 07-005
Reference:
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS- Solid Waste
Comments: None X
PUBLIC WORKS - Forestry & Grounds
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
.Cornments: 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
FORESTERlENVIRONMENT ALIST
Comments: None X
Conditions of Approval
2
,
PLANNING AND ZONING
Comments:
1. All signage must be approved concurrent with the request for Annexation X
and Land Use/Rezoning, in conjunction with site plan approval. Ultimate
signage must be reduced in maximum height from the reported 14' to 8',
and shall be setback a minimum of ten-feet (10') from any property
boundary.
2. The applicant shall modify the proposed sign colors and lettering to X
improve aesthetic compatibility with new signage in the corridor. Staff
recommends that the sign be occupied predominantly by muted colors,
more subtle copy, with the corporate colors being limited to a smaller
portion (approx. 20%) of the sign. Further, staff recommends the use of
block and stucco, tile, scoring, channel letters, stone and/or other
materials to achieve compatibility with the intended appearance of the
corridor. The intent of this condition may also be satisfied through the use
~, " --orotlief matefraTS-applYIng a raux designconcept to-meeftlie'appearance- ~ ", ,~
objective.
---- -ADDITIONAl. PLANNING-& DEVELOPMENT BOARb--CONfifTIONS- r--~ ,- -,-------- -- -...-..--
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:\Planning\SHARED\WP\PROJECI'S\Ticket Clinic\LUAR 07-005\COA Ticket C1inic.doc
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Meeting Minutes
Planning and Development board
Boynton Beach, Florida November 27, 2007
4. Approval of Minutes.
Motion
Ms. Jaskiewicz moved approval of the minutes. Ms. Grcevic seconded the motion that
passed unanimously.
5. Communications and Announcements
A. Planning and Zoning Report
Final disposition of the October 23, 2007 Planning and Development Board
meeting agenda items.
Ed Breese, Principal Planner, announced the City Commission approved items from the
last board meeting including the Brisson pool variance and the Pylon Interstate Plaza
conditional use and height exception. The City Commission tabled the Cortina Site Plan
extension, pending review of the problems relating to blowing sand, the fence
screening and temporary landscaping. Mr. Breese indicated there would be no meeting
in December 2007 unless the board took action to the contrary.
It was noted there was no need for a motion to accept the report.
Acting Chair Casaine welcomed Mayor and Mrs. Taylor, Commissioner Weiland and
Commissioner Hay, seated in the audience.
,. Old Business
o.
Evaluation and Appraisal Report (EAR) - based Comprehensive Plan
Amendments Status Report
Mr. Breese noted Hanna Matras, Economic Planner, had previously provided the board
with an update on the matter. She also provided a status as to the elements requiring
minor changes and those undergoing extensive rewriting. The board would be receiving
a complete package of the proposed EAR-based amendments to the Comprehensive
Plan in early 2008. The EAR was required to be submitted to Tallahassee in the
summer of 2008.
7. New Business
A. Ticket Clinic
Annexation
2
Meeting Minutes
Planning and Development board
Boynton Beach, Florida November 27, 2007
1. PROJECf: Ticket Clinic (ANEX 07-001)
AGENT: Bradley Miller, AICP, Miller Land Planning
Consultants, Inc.
OWNER: Jer Enterprises, LLC
LOCATION: 3349 North Federal Highway (South of
of Turner Road on the east side of Federal
Highway)
DESCRIPTION: Request to annex the subject property
(0.37 acres)
Ticket Clinic
Land Use Plan Amendment/Rezonina
2. PROJECf: Ticket Clinic (LUAR 07-005)
AGENT: Bradley Miller, AICP, Miller Land Planning
Consultants, Inc.
OWNER: Jer Enterprises, LLC
LOCATION: 3349 North Federal Highway (South of
of Turner Road on the east side of Federal
~ Highway)
DESCRIPTION: Request to amend the Comprehensive Plan
Future Land Use Map from CHIS Commercial
High/with underlying medium density
residential of S du/ac (Palm Beach County)
to Local Retail Commercial LRC; and
Request to rezone from CG General
Commercial (Palm Beach County) to C-3
Community Commercial.
Proposed Use: Professional Office
Ticket Clinic
New Site Plan
3. PROJECf: Ticket Clinic (NWSP 07-006)
AGENT: Bradley Miller, AICP, Miller Land Planning
Consultants, Inc.
OWNER: Jer Enterprises, LLC
LOCATION: 3349 North Federal Highway (South of
of Turner Road on the east side of Federal
Highway)
3
Meeting Minutes
Planning and Development board
Boynton Beach, Florida November 27, 2007
DESCRIPTION: Request for new site plan approval for the
redevelopment of a 2,400 square foot
commercial structure and related site
improvements on 0.37 acres to be rezoned
C-3, Community Commercial.
Mr. Breese suggested all four items, Annexation, Land Use Plan Amendment, Rezoning
and the New Site Plan, be discussed collectively. However, each item would require
separate motions upon the conclusion of discussion. The board concurred.
Attorney Alexander administered the oath to all who would be testifying.
Bradley Miller, Miller Land Planning Consultants, Inc., 420 West Boynton Beach
Boulevard, advised he represented the applicant for all four items.
Mr. Breese provided a brief PowerPoint presentation on the four items being
considered. The property was located on the east side of Federal Highway, just south
of Turner Road. Adjacent uses included: To the north, developed commercial property
within Palm Beach County; to the south, a City-approved project for 22 town homes
(Tuscan Villas); to the west, right-of-way for Federal Highway; and to the east, a
residential subdivision (Tradewinds Estates). -
As noted, the applicant was requesting the following: (1) annexation of the 0.37 acre
parcel; (2) a change in land use from County CHIS, which was Commercial High, to a
Local Retail Commercial (LRC) within the City; (3) a change in zoning from CG General
Commercial in the County, to C-3 Community Commercial within the City; and (4) a site
plan approval for building and site improvements for a 2,400 square foot stiUcture. The
applicant proposed to improve the existing structure with architectural details, paint,
awning, decorative shutters and the removal of an overhead door installed by the
previous tenant. Improvements were also anticipated to the parking lots, drainage
system, and a six-foot buffer wall against the residentially-zoned properties.
The 14-foot high monument sign on the property did not conform to the City's Sign
Code, which only allowed 8 feet in height. The sign also encroached into the City's
mandatory setback, which was within five feet from the front property line, rather than
the minimum ten feet required. The City's Sign Code required all non-conforming signs
annexed into the City be brought into compliance within six months. The sign appeared
to have no preexisting approval at the County level, and staff recommended it be
brought into compliance as a condition of the annexation. Existing signs along the
corridor represented a combination of commercial signs from the 19S0s and 1960s, as
well as a new mix of signs for the projects that had been approved on south Federal
Highway. These consisted of stucco, tile, channel letters and external illumination. The
4
Meeting Minutes
Planning and Development board
Boynton Beach, Florida November 27, 2007
City wished to proceed in this direction, rather than continue with the raised, internally
illuminated signs.
Staff recommended approval of the annexation, land use amendment and rezoning as
the annexation was consistent with the objectives of the City's annexation program, the
land use and rezoning were consistent with respective current designations in Palm
Beach County, and the request would not create additional impacts on infrastructure
that could not currently be accommodated by the City. Additionally, staff recommended
approval of the site plan, subject to the conditions of approval noted.
Mr. Miller advised he provided the City with an alternative plan proposing to relocate
and lower the sign in order to meet the height and setback requirements. He provided
a brief powerPoint presentation with regard to the alternative plan. The sign appeared
to be stark, but this would change as the site was developed. Mr. Miller and his clients
had issues with condition #2 of the land use amendment and rezoning, and condition
#27 of the site plan, which he contended called for the creation of a residential sign for
a commercial project. They agreed to shift the sign to meet the lO-foot setback
requirement, and to reduce the height to meet the 8 foot requirement. He noted the
importance of the sign face in terms of visibility. In addition to the annexation, land
use amendment, rezoning and site plan approval, they requested the board consider
eliminating condition #2 of the land use amendment and rezoning, and condition #27
of the site plan.
Ms. Jaskiewicz commented on the garishness of the colors and cluttered wording on the
sign. Mr. Miller contended the City required the sign indicate the nature of the business,
and the colors were the corporate colors of the business.
Mr. Breese advised staff did receive the alternative plan referred to by Mr. Miller. Staff
preferred to have the sign mirror the colors on the building rather than having
randomly-selected colors. In considering the appearance of a corridor, staff determined
the color and style desired. Muted, soft earth-tone colors were selected, which were
residential in nature and predominant in the redevelopment of South Federal Highway.
Acting Chair Casaine inquired whether staff would consider an exception. Mr. Breese
replied staff might allow some variation but he did not believe the internally-illuminated
plastic sign face would be the direction in which the City wished to proceed with the
Federal Highway corridor. He added modifications could be made to the sign which did
not require it to be completely rebuilt. The sign could be designed to appear as though
it was a tile type sign, rather than a metal-type of sign with a plastic face. Mr. Miller
remarked the base of the sign would be obscured by the landscaping, and would tie
into the color of the building.
S
Meeting Minutes
Planning and Development board
Boynton Beach, Florida November 27, 2007
Acting Chair Casaine invited public comments. No one having come forward, public
comments were closed.
Mr. Blehar indicated he would not be inclined to vote in favor of the exception
requested by the presenter. The nature of the business could be promoted through
radio advertising, and the name on the sign would immediately indicate the nature of
the business. The mere fact that other unattractive signs adorned Federal highway was
not justification for adding another unsightly sign.
Mr. Lis observed the address for the property was in Delray Beach. Mr. Miller advised
the property was not contiguous to Delray Beach but was contiguous to Boynton Beach.
Upon annexation, the property would be redefined to a Boynton Beach address. Mr.
Miller's client did not wish to develop the property in Delray Beach as the County's
regulations were more onerous than those of Boynton Beach. Mr. Lis objected to the
signage as proposed. He believed the sign was too yellow and the wording should be
limited to the name of the business.
Mr. Saberson agreed with the board's comments pertaining to signage and believed the
board should accept staffs recommendation.
Ms. Jaskiewicz believed the building-itself would be more compatible and aesthetically
pleasing in an earth tone and believed the sign was garish. Aside from the sign, she
believed the project was a good one.
Mr. Miller advised the color of the sign was based on the standard yellow traffic
signage.
Mr. Miller indicated a modification of the sign represented a hardship to the applicant,
as the sign face would have to be removed, at great expense.
Ms. Grcevic inquired whether the business was part of a franchise. Mr. Miller replied he
did not know whether they were franchised, but they had multiple offices, and the signs
incorporated the colors presented.
Staff recommended approval with conditions #2 and #27 as noted pertaining only to
the lettering and color of the sign. Mr. Miller advised the applicant objected to
conditions #2 and #27, but was in agreement with all other conditions.
6
Meeting Minutes
Planning and Development board
Boynton Beach, Florida November 27, 2007
Motion
Ms. Jaskiewicz moved to approve the request to annex the subject property (0.37
acres) into the City, subject to the conditions of approval in Exhibits E. Mr. Saberson
seconded the motion that passed unanimously.
Motion
Ms. Jaskiewicz moved to approve the request to amend the Comprehensive Plan Future
Land Use Map from CHIS Commercial High/with underlying medium density residential
of 5 du/ac (Palm Beach County) to Local Retail Commercial LRC, subject to all
conditions of approval recommended by staff. Ms. Grcevic seconded the motion that
passed unanimously.
Motion
Mr. Saberson moved approval of the requested rezoning, subject to all staff-
recommended conditions. Ms. Jaskiewicz seconded the motion that passed
unanimously.
Motion -
Mr. Saberson moved approval of the requested site plan approval, subject to all staff-
recommended conditions. Ms. Jaskiewicz seconded the motion that passed
unanimously.
B. Ocean Drive Hotel
Zonina Code Variance
1. PROJECT: Ocean Drive Hotel (ZNCV-08-001)
AGENT: Bonnie Miskel, Lauren Lending
OWNER: Boynton Holdings, LLC
LOCATION: North side of Ocean Drive, approximately
500 feet east of Congress Avenue
DESCRIPTION: Request for relief from the City of Boynton
Beach Land Development Regulations,
Chapter 2, zoning, Section 6.C.3, Community
Commercial zoning district, to allow a variance
of 19 feet, and a building height of 64 feet.
Proposed Use: Hotel
7
VIII.-PUBLIC HEARING
ITEM D.
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 December 18,2007 December 3,2007 (Noon) o February 19,2008 February 4,2008 (Noon)
[ZI January 2, 2008 December 17,2007 (Noon) o March 4, 2008 February 19,2008 (Noon)
~, ~
o January 15,2008 o March 18, 2008 ..--j ~
December 31,2007 (Noon) March 3, 2008 (Noon) CJ
~'- "'1 Cl
0 o April I, 2008 (J
February 5, 2008 January 14,2008 (Noon) March 17,2008 (Noon)_ "1
J
....0 ,
-
-
~.J 1
0 ~~".,.. )
0 Announcements/Presentations City Manager's Report -
GJ 'J
0 Administrative 0 New Business ..
NATURE OF - \
AGENDA ITEM 0 Consent Agenda [ZI Legal 00 )
-
0 0 -.,-
Code Compliance & Legal Settlements Unfinished Business
&t Public Hearing 0
RECOMMENDATION: Please place this tabled request on the January 2,2008 City Commission Agenda under
Public Hearing and Legal, Ordinance - First Reading. The City Commission tabled the request on December 18,2007 to
allow the applicant time to consider comments on project signage. The Commission questioned the sign size, compatibility
with area signage, the implications of the sign text (i.e. "D.U.I"), and the necessity for both a wall and site sign. F or further
details pertaining to this request, see attached Department Memorandum No. 07-123.
EXPLANATION:
PROJECT: Ticket Clinic (LUAR 07-005)
AGENT: Bradley Miller, AICP, Miller Land PlaIUling Consultants, Inc.
OWNERS: Jer Enterprises, LLC
LOCATION: 3349 Federal Highway (East side of Federal Highway, north of Gulfstream Boulevard)
DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map from CH/5
Commercial High/with underlying medium density residential of 5 du/ac (Palm Beach
County) to Local Retail Commercial LRC.
Proposed Use: Professional Office
PROGRAM IMP ACT:
FISCAL IMPACT: ~
ALTERNATIVES:
Development Dep
Assistant to City Manager
~ s(... 4<-
,. Planning & Zonin~irector City Attorney / Finance
S:\Planning\SHARED\ WP\PROJECTS\Ticket Clinic\LUAR 07 -005\Agenda Item Request Ticket Clinic LUAR 07-005 Amend 1-2-08,doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. 07- O.3't
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 JER ENTERPRISES, LLC., AND
8 LOCATED AT 3349 NORTH FEDERAL HIGHWAY,
9 SOUTH OF TURNER ROAD ON THE EAST SIDE OF
10 FEDERAL HIGH\VAY; CHANGING THE LAND USE
11 DESIGNATION FROM COMMERCIAL HIGH (CHIS)
12 (PALM BEACH COUNTY) TO LOCAL RETAIL
13 COMMERCIAL (LRC); PROVIDING FOR
14 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE
15 DATE.
16
17 WHEREAS, the City Commission ofthe City of Boynton Beach, Florida has adopted
I
181 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element
19 pursuant to Ordinance No. 89-38 and in accordance with the Local Government
20 I Comprehensive Planning Act; and
I
211 WHEREAS, the procedure for amendment of a Future Land Use Element of a
!
22 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
23 WHEREAS, after two (2) public hearings the City Commission acting in its dual
I capacity as Local Planning Agency and City Commission finds that the amendment
24
25 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in
26 the best interest of the inhabitants of said City to amend the aforesaid Element of tbe
27 Comprehensive Plan as provided.
281 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
29 CITY OF BOYNTON BEACH, FLORIDA, THAT:
30 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated
I S:\CA\Ordinances\PJanning\Land Use\Ticket Clinic,doc
,I -
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 of the following described land located at 3349 North
5 Federal Highway, south of Turner Road on the east side of Federal Highway changing the
6 land use designation from Commercial High (CHl5) (Palm Beach County) to Local Retail
7 Commercial (LRC):
8
9 Lots 2 and 3 less the westerly 17 feet thereof, Kings Subdivision,
10 according to the Plat thereof, as recorded in Plat Book 20, Page 47, of
11 the Public Records of Palm Beach County, Florida.
12
13 CONTAINING 0.37 ACRES (16,088 Sq. Ft.) OF LAND.
14
15 Subject to easements, restrictions, reservations, covenants and rights-
16 of-way of record.
17
18
19 Section 3: That any maps adopted in accordance with the Future Land Use Element of the
20 Future Land Use Plan shall be amended accordingly.
21 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
22 Section 5: Should any section or provision of this Ordinance or any portion thereof be
23 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
24 remainder of this Ordinance.
25 Section 6: The effective date of this plan amendment shall be the date a final order is
26 issued by the Department of Community Affairs finding the amendment to be in compliance in
27 accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration
28 Commission finding the amendment to be in compliance in accordance with Section 163.3184,
S:ICA 10rdinanceslPlanninglLand UselTicket Clinic,doc
- 2 -
1 F.S.
2 FIRST READING this ~ day of DeceMber , 2007.
3 SECOND, FINAL READING and PASSAGE this _ day of .2008,
4 CITY OF BOYNTON BEACH, FLORIDA
5
6
7 Mayor - Jerry Taylor
8
9
10 Vice Mayor - Jose Rodriguez
11
12
13 Commissioner - Ronald Weiland
14
15
16 Commissioner - Woodrow L. Hay
17
18
19 Commissioner - Marlene Ross
20 I; ATTEST:
21
22
23 I Janet M. Prainito, CMC
24 City Clerk
25
26
27 (Corporate Seal)
28
I
II
S:ICAIOrdinanceslPlanninglLand UselTicket Clinic,doc
, -
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DMSION
MEMORANDUM NO. PZ 07-123
TO: Chair and Members
Planning & Developmlt~d and City Commission
FROM: Gabriel vvuebben~
Planner ({"
THROUGH: L (;J
Michael VV. Rumpf '
Director of Planning and Zoning
DATE: November 7, 2007
PROJECT NAME/NUMBER: Ticket Clinic /(ANEX 07-001) (LUAR 07-005)
REQUEST: To annex a 16,088 square foot (0.37-acre) parcel, to reclassify
land use to Local Retail Commercial (LRC), and to rezone to C-3,
Community Commercial.
PROJECT DESCRIPTION
Property Owner: Jer Enterprises, LLC
Applicant/Agent: Mr. Ted Hollander / Bradley Miller, Miller Land Planning
Consultants Inc.
Location: 3349 North Federal Highway, south of Turner Road on the east
side of Federal Highway, (see Exhibit "A" - Location Map)
Parcel Size: 16,088 square feet (0.37 acre)
Existing Land Use: CH/5 Commercial High (Palm Beach County)
Existing Zoning: CG General Commercial (Palm Beach County)
Proposed Land Use: Local Retail Commercial (LRC)
Proposed Zoning: C-3, Community Commercial
Proposed Use: The applicant intends to refurbish the existing building, improve
the parking and landscaping, and use the existing structure for
professional offices. A site plan application has been filed and is
currently under review.
I"'age L
Ticket Clinic
ANEX 07-001 and LUAR 07-005
Adjacent Uses:
North: Developed commercial property classified in Palm Beach County
as Commercial High (CH5), and zoned as General Commercial
(CG) in Palm Beach County (J&L new Antiques and Outdoor
Patio) ;
South: Undeveloped residential property recently approved as Tuscan
Villas, classified as Special High-density Residential (SHDR) land
use and zoned Infill Planned Unit Development (IPUD);
East: Developed single-family residential subdivision (Tradewinds
Estates) classified in Palm Beach County as Medium Density
Residential (MR-5), and zoned Single-Family Residential (RS) in
Palm Beach County; and
West: Right-of-way for Federal Highway, then farther west is property
classified as Special High Density Residential (SHDR) and zoned
Planned Unit Development (PUD), approved for 109 town homes
(forthcoming Gulfstream Gardens II project).
EXECUTIVE SUMMARY
Staff recommends approval of the requested annexation / land use amendment / rezoning for
the following reasons:
1. The requested annexation is consistent with the objectives of the City's annexation
program, which emphasizes the annexation of enclaves, and relevant policies in the
Comprehensive Plan;
2. The requested land use and zoning are consistent with respective current designations
in unincorporated Palm Beach County;
3. The request will not create additional impacts on infrastructure that cannot be
accommodated by the City at present;
4. The requested land use and rezoning will provide the opportunity to return a blighted
and derelict property into an appealing, code-compliant site (NWSP 07-009) at the
southern gateway to Boynton Beach; and,
5. The requested change would help to further provide an economic contribution to both
the neighborhood and to the City.
f-'age j
Ticket Clinic
ANEX 07-001 and LUAR 07-005
PROPERTY OWNER NOTIFICATION
Owners of properties within 400 feet of the subject annexation I land use amendment I
rezoning 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.
PROJECT ANALYSIS
The parcel which is the subject of this request for annexation, land use amendment, and
rezoning totals 16,088 square feet or 0.37 acre. Because of the size of the property under
consideration, the Florida Department of Community Affairs classifies this amendment as a
"small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the
Florida Department of Community Affairs, and is not reviewed for compliance with the state,
regional and local comprehensive plans prior to adoption. The site is currently developed with a
one (l)-story, 2,400 square foot commercial building and an existing asphalt parking lot.
Previously, Gulfstream Carpet occupied the site, however, the business is no longer active, and
the building has been unoccupied for several months.
The proposed land use amendment I rezoning application is being reviewed concurrently with
an accompanying request for annexation. The subject property's current land use classification
is Commercial High with underlying Medium Density Residential of five (5) dwelling units per
acre (Palm Beach County CHIS). The applicant is requesting to annex into the City to utilize the
Local Retail Commercial (LRC) land use classification and the Community Commercial (C-3)
zoning district. The proposed land use classification (LRC) is the city's equivalent to the
County's CHIS land use classification, in terms of the allowable uses and respective intensities.
Therefore, the requested land use amendment / rezoning application meets the conditions
specified in Chapter 2, Section 9.C.2(2) of the Land Development Regulations stipulating that in
cases of annexation in which the Future Land Use and Zoning classifications of applicant Palm
Beach County properties are consistent with Future Land Use and Zoning classifications in the
City's Comprehensive Plan, the standard criteria for qualifying the change in Land Use and the
Rezoning maintained in Chapter 2, Section 9.C.7, shall not be applied. Since this is the case,
the request is relatively straightforward and would not require an evaluation of the eight (8)
criteria against which rezoning applications are normally reviewed, as outlined in Chapter 2,
Section 9.C.7 of the Land Development Regulations. Instead, staff analysis will relate to
consistency with other relevant portions of the Comprehensive Plan, the city's annexation
policy, service capability, and the conforming I non-conforming status of the property and uses.
The only policy in the Comprehensive Plan that would be pertinent to this request for
annexation I land use amendment I rezoning would be Policy 8.10.4, which states the
following:
8.10.4: The City shall coordinate with Palm Beach County regarding the prevention of
enclaves, pockets, or other undesirable land configurations adjacent to, or in the
proximity to, corporate limits, prior to annexation of any parcels into the City.
The annexation of the subject property will further the efforts to annex enclaves and pockets as
promoted by the county and practiced by the City. Currently, objectives of the City's
annexation policy include annexing all enclaves and pockets less than 10 acres, and to
Page 4
Ticket Clinic
ANEX 07-001 and LUAR 07-005
incrementally annex enclave and pocket properties with the intent to reducing them below the
lO-acre threshold. Therefore, the annexation of this parcel is consistent with the only policy
within the Comprehensive Plan regarding annexation.
Existing land uses along the U.s. 1 frontage are predominately retail; therefore a Local Retail
Commercial (LRC) land use designation and Community Commercial (C-3) zoning category are
appropriate, both for lots which are presently in the City, and for those which will be annexed.
The subject property lies within Planning Area V as designated in the Federal Highway Corridor
Community Redevelopment Plan. Area V contains a mix of land uses, including commercial
uses, on small parcels. The residential nature of Planning Area V is to be preserved according
to the Federal Highway Redevelopment Plan, which serves as the foundation for the creation of
the Infill Planned Unit Development zoning district. However, although residential uses are
encouraged in the redevelopment of Planning Area V, the subject property is insufficient in size
to support a residential project.
In connection with previous annexation studies, city departments most affected by annexations
(e.g. Police, Fire, and Public Works), have been surveyed for issues related to service capability
and costs. All opinions previously collected from these departments supported the incremental
annexation of enclaves. These opinions have been based on the following:
1. The enclaves are all immediately adjacent to areas within the city that currently receive
urban services;
2. Ample service capacity exists to serve adjacent unincorporated properties; and
3. Most enclaves currently receive service from the city via the mutual aid agreement
(Police and Fire / EMS only);
With respect to impact upon roadways, the Palm Beach County Traffic Division has yet to
review the project to confirm that it meets Traffic Performance Standards of Palm Beach
County. The applicant must provide evidence of Traffic Concurrency prior to ordinance
adoption.
The Police and Fire Departments report that this project has been reviewed for potential service
impacts and availability, and based on the proposed use, office jprofessional space, it has been
determined that services allocated to, or existing within the area are adequate to provide the
project with a necessary level of service.
With respect to the status of the site and any existing or proposed uses, the property appears
to have been abandoned for some time. This conclusion is based on the lack of property
maintenance, the dilapidated condition of the existing building, and lack of intact site and
building signage. The site generally conforms to the City's site regulations including minimum
lot area and frontage, as indicated by the survey and other site plan documents simultaneously
submitted for new site plan approval (NWSP-07-Q06). There is however, a site sign proposed
for the project that would not conform to the city's sign regulations with respect to maximum
height and minimum setback. The proposed sign is actually in place, and staff understands that
it was the subject of a county sign permit. However, staff also understands that its current
location is inconsistent with the corresponding permit, and that it may have been initially
Page 5
Ticket Clinic
ANEX 07-001 and LUAR 07-005
planned for an existing sign structure located at the southwest corner of the property. Instead,
it was erected with a new structure just north of the existing driveway with the intent that its
placement would be followed-up with a corresponding amendment to the sign permit.
The City's sign regulations (Part 3, Chapter 21) require that all non-conforming signs annexed
into the city be brought into compliance within 6 months of annexation. However, given the
lack of county approval, and since the request for annexation is being accompanied by a
request for site plan approval, the sign has no official pre-existing status and should therefore
be brought into compliance with city regulations as a condition of annexation. In addition to
providing a sign that complies with the City's height and setback standards, it should also be
modified to provide a color scheme and letter size that is more compatible with the vision for
the corridor, which in part, is represented by the existing and proposed residential projects
along the corridor. More recently approved signage in this area along Federal Highway is
typically constructed of decorative stone and brick, with stylized lettering and an emphasis on
aestnetic quality: EXfsting signs in the corridor represent a c:ombrnationof a varietY'of old
commercial signs, most of which were recently identified by the County as part of a non-
conforming sign study, and new residential signage that is consistently seen as part of entry
walls and other features, using block and stucco, tile, scoring, channel letters and external
illumination. Although commercial developments typically do not present the same opportunity
for highly stylized, signage, the City should attempt to maintain a minimum standard with
respect to the quality of signage permitted. Staff recommends that the applicant revisit the
design of the sign face in an effort to bring the proposed signage more in line with that of the
surrounding area, with particular emphasis on colors and lettering (For additional information
on this sign, see Exhibit "c" - Conditions of Approval, Exhibit "D" - Federal Highway Signage
Examples, and the staff report for the corresponding site plan application).
CONCLUSIONS/RECOMMENDATIONS
As indicated herein, this request is consistent with the intent of the Comprehensive Plan; would
not create additional impacts on infrastructure that have not been anticipated in the
Comprehensive Plan; would be compatible with adjacent land uses and would contribute to the
overall economic development of the City. Therefore, staff recommends that the subject
request be approved. If additional conditions of approval are recommended by the Community
Redevelopment Agency Board or required by the City Commission, they will be included as
Exhibit "c" - Conditions of Approval.
ATTACHMENTS
S:\Planning\SHARED\WP\PROJECTS\Ticket Clinic\LUAR 07-005\Staff Report - Ticket Clinic LUAR.doc
Ticket Clinic - Exhibit "A" - Site Location Map
3349 N. Federal Hwy. - ANEX 07-001/LUAR 07-005
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EXHIBIT "C"
Conditions of Approval
Project name: Ticket Clinic
File number: ANEX 07-00l/LUAR 07-005
Reference:
I DEP ARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS- Solid Waste
Comments: None X
PUBLIC WORKS - Forestry & Grounds
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
~- c
UTILITIES
-,C-omments: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
i
FORESTER/ENVIRONMENT ALIST
Comments: None X
Conditions of Approval
2
PLANNING AND ZONING
Comments:
1. All signage must be approved concurrent with the request for Annexatian X
and Land Use/Rezoning, in conjunction with site plan approval. Ultimate
signage must be reduced in maximum height from the reported 14' ta 8',
and shall be setback a minimum of ten-feet (10') from any property
baundary.
2. The applicant shall modify the propased sign calors and lettering ta X
imprave aesthetic compatibility with new signage in the carridor. Staff
recammendsthat the sign be occupied predaminantly by muted colors,
mare subtle copy, with the corporate colars being limited ta a smaller
partion (approx. 20%) of the sign. Further, staff recommends the use 'Of
black and stucca, tile, scoring, channel letters, stane and/ar other
materials ta achieve compatibility with the intended appearance 'Of the
corridor. The intent of this condition may alsa be satisfied through the use
,--- ---- of-othennaterials-applyingafaux' desigrrconcept10- meet-i:heapp'earance- " n_, __, "_, n _____ _, ,
'Objective.
--'ADDITIONtt-Pt:A:NNING&DEVELOPMENT1l0ARItCONDITlONS- , ,--,., , '__n, -
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:IPlanning\SHARED\WPIPROJEcrS\Ticket Clinic\LUAR 07-005\COA Ticket Clinic.doc
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Meeting Minutes
Planning and Development board
Boynton Beach, Florida November 27, 2007
4. Approval of Minutes.
Motion
Ms. Jaskiewicz moved approval of the minutes. Ms. Grcevic seconded the motion that
passed unanimously.
5. Communications and Announcements
A. Planning and Zoning Report
Final disposition of the October 23, 2007 Planning and Development Board
meeting agenda items.
Ed Breese, Principal Planner, announced the City Commission approved items from the
last board meeting including the Brisson pool variance and the Pylon Interstate Plaza
conditional use and height exception. The City Commission tabled the Cortina Site Plan
extension, pending review of the problems relating to blowing sand, the fence
screening and temporary landscaping. Mr. Breese indicated there would be no meeting
in December 2007 unless the board took action to the contrary.
It was noted there was no need for a motion to accept the report.
Acting Chair Casaine welcomed Mayor and Mrs. Taylor, Commissioner Weiland and
Commissioner Hay, seated in the audience.
6. Old Business
Evaluation and Appraisal Report (EAR) - based Comprehensive Plan
Amendments Status Report
Mr. Breese noted Hanna Matras, Economic Planner, had previously provided the board
with an update on the matter. She also provided a status as to the elements requiring
minor changes and those undergoing extensive rewriting. The board would be receiving
a complete package of the proposed EAR-based amendments to the Comprehensive
Plan in early 2008. The EAR was required to be submitted to Tallahassee in the
summer of 2008.
7. New Business
A. Ticket Clinic
Annexation
2
Meeting Minutes
Planning and Development board
Boynton Beach, Florida November 27, 2007
1. PROJECT: Ticket Clinic (ANEX 07-001)
AGENT: Bradley Miller, AICP, Miller Land Planning
Consultants, Inc.
OWNER: Jer Enterprises, LLC
LOCATION: 3349 North Federal Highway (South of
of Turner Road on the east side of Federal
Highway)
DESCRIPTION: Request to annex the subject property
(0.37 acres)
Ticket Clinic
Land Use Plan Amendmentl Rezoning
2. PROJECT: Ticket Clinic (LUAR 07-005)
AGENT: Bradley Miller, AICP, Miller Land Planning
Consultants, Inc.
OWNER: Jer Enterprises, LLC
LOCATION: 3349 North Federal Highway (South of
of Turner Road on the east side of Federal
Highway) -
DESCRIPTION: Request to amend the Comprehensive Plan
Future Land Use Map from CHIS Commercial
High/with underlying medium density
residential of S du/ac (Palm Beach County)
to Local Retail Commercial LRC; and
Request to rezone from CG General
Commercial (Palm Beach County) to C-3
Community Commercial.
Proposed Use: Professional Office
Ticket Clinic
New Site Plan
3. PROJECT: Ticket Clinic (NWSP 07-006)
AGENT: Bradley Miller, AICP, Miller Land Planning
Consultants, Inc.
OWNER: Jer Enterprises, LLC
LOCATION: 3349 North Federal Highway (South of
of Turner Road on the east side of Federal
Highway)
3
Meeting Minutes
Planning and Development board
Boynton Beach, Florida November 27, 2007
DESCRIPTION: Request for new site plan approval for the
redevelopment of a 2,400 square foot
commercial structure and related site
improvements on 0.37 acres to be rezoned
C-3, Community Commercial.
Mr. Breese suggested all four items, Annexation, Land Use Plan Amendment, Rezoning
and the New Site Plan, be discussed collectively. However, each item would require
separate motions upon the conclusion of discussion. The board concurred.
Attorney Alexander administered the oath to all who would be testifying.
Bradley Miller, Miller Land Planning Consultants, Inc., 420 West Boynton Beach
Boulevard, advised he represented the applicant for all four items.
Mr. Breese provided a brief Powerpoint presentation on the four items being
considered. The property was located on the east side of Federal Highway, just south
of Turner Road. Adjacent uses included: To the north, developed commercial property
within Palm Beach County; to the south, a City-approved project for 22 townhomes
(Tuscan Villas); to the west, right-of-way for Federal H,ighway; and to the east, a
residential subdivision (Tradewinds Estates).
As noted, the applicant was requesting the following: (1) annexation of the 0.37 acre
parcel; (2) a change in land use from County CHIS, which was Commercial High, to a
Local Retail Commercial (LRC) within the City; (3) a change in zoning from CG General
Commercial in the County, to C-3 Community Commercial within the City; and (4) a site
plan approval for building and site improvements for a 2,400 square foot structure. The
applicant proposed to improve the existing structure with architectural details, paint,
awning, . decorative shutters and the removal of an overhead door installed by the
previous tenant. Improvements were also anticipated to the parking lots, drainage
system, and a six-foot buffer wall against the residentially-zoned properties.
The 14-foot high monument sign on the property did not conform to the City's Sign
Code, which only allowed 8 feet in height. The sign also encroached into the City's
mandatory setback, which was within five feet from the front property line, rather than
the minimum ten feet required. The City's Sign Code required all non-conforming signs
annexed into the City be brought into compliance within six months. The sign appeared
to have no preexisting approval at the County level, and staff recommended it be
brought into compliance as a condition of the annexation. Existing signs along the
corridor represented a combination of commercial signs from the 19S0s and 1960s, as
well as a new mix of signs for the projects that had been approved on south Federal
Highway. These consisted of stucco, tile, channel letters and external illumination. The
4
Meeting Minutes
Planning and Development board
Boynton Beach, Florida November 27, 2007
City wished to proceed in this direction, rather than continue with the raised, internally
illuminated signs.
Staff recommended approval of the annexation, land use amendment and rezoning as
the annexation was consistent with the objectives of the City1s annexation program, the
land use and rezoning were consistent with respective current designations in Palm
Beach County, and the request would not create additional impacts on infrastructure
that could not currently be accommodated by the City. Additionally, staff recommended
approval of the site plan, subject to the conditions of approval noted.
Mr. Miller advised he provided the City with an alternative plan proposing to relocate
and lower the sign in order to meet the height and setback requirements. He provided
a brief PowerPoint presentation with regard to the alternative plan. The sign appeared
to be stark, but this would change as the site was developed. Mr. Miller and his clients
had issues with condition #2 of the land use amendment and rezoning, and condition
#27 of the site plan, which he contended called for the creation of a residential sign for
a commercial project. They agreed to shift the sign to meet the lO-foot setback
requirement, and to reduce the height to meet the 8 foot requirement. He noted the
importance of the sign face in terms of visibility. In addition to the annexation, land
use amendment, rezoning and site plan approval, they requested the board consider
eliminating condition #2 of the land use amendment and rezoning, and condition #27 -
of the site plan.
Ms. Jaskiewicz commented on the garishness of the colors and cluttered wording on the
sign. Mr. Miller contended the City required the sign indicate the nature of the business,
and the colors were the corporate colors of the business.
Mr. Breese advised staff did receive the alternative plan referred to by Mr. Miller. Staff
preferred to have the sign mirror the colors on the building rather than having
randomly-selected colors. In considering the appearance of a corridor, staff determined
the color and style desired. Muted, soft earth-tone colors were selected, which were
residential in nature and predominant in the redevelopment of South Federal Highway.
Acting Chair Casaine inquired whether staff would consider an exception. Mr. Breese
replied staff might allow some variation but he did not believe the internally-illuminated
plastic sign face would be the direction in which the City wished to proceed with the
Federal Highway corridor. He added modifications could be made to the sign which did
not require it to be completely rebuilt. The sign could be designed to appear as though
it was a tile type sign, rather than a metal-type of sign with a plastic face. Mr. Miller
remarked the base of the sign would be obscured by the landscaping, and would tie
into the color of the building.
S
Meeting Minutes
Planning and Development board
Boynton Beach, Florida November 27, 2007
Acting Chair Casaine invited public comments. No one having come forward, public
comments were closed.
Mr. Blehar indicated he would not be inclined to vote in favor of the exception
requested by the presenter. The nature of the business could be promoted through
radio advertising, and the name on the sign would immediately indicate the nature of
the business. The mere fact that other unattractive signs adorned Federal highway was
not justification for adding another unsightly sign.
Mr. Lis observed the address for the property was in Delray Beach. Mr. Miller advised
the property was not contiguous to Delray Beach but was contiguous to Boynton Beach.
Upon annexation, the property would be redefined to a Boynton Beach address. Mr.
Miller's client did not wish to develop the property in Delray Beach as the County's
regulations were more onerous than those of Boynton Beach. Mr. Lis objected to the
signage as proposed. He believed the sign was too yellow and the wording should be
limited to the name of the business.
Mr. Saberson agreed with the board's comments pertaining to signage and believed the
board should accept staff's recommendation.
Ms. Jaskiewicz believed the building itself would be more compatible and aesthetically
pleasing in an earth tone and believed the sign was garish. Aside from the sign, she
believed the project was a good one.
Mr. Miller advised the color of the sign was based on the standard yellow traffic
signage.
Mr. Miller indicated a modification of the sign represented a hardship to the applicant,
as the sign face would have to be removed, at great expense.
Ms. Grcevic inquired whether the business was part of a franchise. Mr. Miller replied he
did not know whether they were franchised, but they had multiple offices, and the signs
incorporated the colors presented.
Staff recommended approval with conditions #2 and #27 as noted pertaining only to
the lettering and color of the sign. Mr. Miller advised the applicant objected to
conditions #2 and #27, but was in agreement with all other conditions.
6
Meeting Minutes
Planning and Development board
Boynton Beach, Florida November 27, 2007
Motion
Ms. Jaskiewicz moved to approve the request to annex the subject property (0.37
acres) into the City, subject to the conditions of approval in Exhibits E. Mr. Saberson
seconded the motion that passed unanimously.
Motion
Ms. Jaskiewicz moved to approve the request to amend the Comprehensive Plan Future
Land Use Map from CHIS Commercial High/with underlying medium density residential
of 5 du/ac (Palm Beach County) to Local Retail Commercial LRC, subject to all
conditions of approval recommended by staff. Ms. Grcevic seconded the motion that
passed unanimously.
Motion
Mr. Saberson moved approval of the requested rezoning, subject to all staff-
recommended conditions. Ms. Jaskiewicz seconded the motion that passed
unanimously.
Motion -
Mr. Saberson moved approval of the requested site plan approval, subject to all staff-
recommended conditions. Ms. Jaskiewicz seconded the motion that passed
unanimously.
B. Ocean Drive Hotel
Zonin9 Code Variance
1. PROJECT: Ocean Drive Hotel (ZNCV-08-001)
AGENT: Bonnie Miskel, Lauren Lending
OWNER: Boynton Holdings, LLC
LOCATION: North side of Ocean Drive, approximately
500 feet east of Congress Avenue
DESCRIPTION: Request for relief from the City of Boynton
Beach Land Development Regulations,
Chapter 2, zoning, Section 6.C.3, Community
Commercial zoning district, to allow a variance
of 19 feet, and a building height of 64 feet.
Proposed Use: Hotel
7
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 Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
.
0 December 18, 2007 December 3, 2007 (Noon) o February 19, 2008 February 4, 2008 (Noon)
cgJ January 2,2008 December 17,2007 (Noon) o March 4, 2008 February 19, 2008 (Noon)
o January 15,2008 o March 18, 2008 C-', ,
December 31,2007 (Noon) March 3, 2008 (Noon) " ,
::='
0 o April I, 2008 ,"'1 '1
February 5. 2008 January 14,2008 (Noon) March 1 7, 2008 (N oon~)
- J
,
I...:J ,
;
..
0 Announcements/Presentations 0 City Manager's Report -:) i
-
-_..-
NATURE OF 0 Administrative 0 New Business ' "
....",....'
AGENDA ITEM 0 Consent Agenda cgJ Legal -"-
o..D )
0 Code Compliance & Legal Settlements 0 Unfinished Business "
_....-
J8l Public Hearing 0
RECOMMENDATION: Please place this tabled request on the January 2,2008 City Commission Agenda under
Public Hearing and Legal, Ordinance - First Reading. The City Commission tabled the request on December 18,2007 to
allow the applicant time to consider comments on project signage, The Commission questioned the sign size, compatibility
with area signage, the implications of the sign text (i.e. "D,U.I"), and the necessity for both a wall and site sign. For further
details pertaining to this request, see attached Department Memorandum No. 07-123.
EXPLANATION:
PROJECT: Ticket Clinic (LUAR 07-005)
AGENT: Bradley Miller, AICP, Miller Land Planning Consultants, Inc.
OWNERS: J er Enterprises, LLC
LOCATION: 3349 Federal Highway (East side of Federal Highway, north of Gulfstream Boulevard)
DESCRIPTION: Request to rezone from CG General Commercial (Palm Beach County) to C-3 Communit
Commercial.
Proposed Use: Professional Office
PROGRAM IMP ACT: ~
FISCAL IMP ACT:
AL TERNA TIVES:
Development Department Director City Manager's Signature
Assistant to City Manager
/ ~ ~W!.. City Attorney / Finance
Planning & Zoning Di ctor
S:\Planning\SHARED\WP\PROJECTS\Ticket Clinic\LUAR 07-005\Agenda Item Request Ticket Clinic LUAR 07-005 Rezone 1-2-08,doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. 07- o'-lo
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, REGARDING THE
5 APPLICATION OF TED HOLLANDER,
6 AMENDING ORDINANCE 02-013 TO REZONE A
7 PARCEL OF LAND LOCATED AT 3349 NORTH
8 FEDERAL HIGHWAY, SOUTH OF TURNER
9 ROAD ON THE EAST SIDE OF FEDERAL
10 HIGHWAY, AS MORE FULLY DESCRIBED
11 HEREIN, FROM GENERAL COMMERCIAL (CG)
12 (PALM BEACH COUNTY) TO COMMUNITY
13 COMMERCIAL (C-3); PROVIDING FOR
14 CONFLICTS, SEVERABILITY, AND AN
15 EFFECTIVE DATE.
16
17 WHEREAS, the City Commission of the City of Boynton Beach, Florida has
18 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City;
19 and
20 WHEREAS, Jer Enterprises, LLC, owner of the property located at 3349 North
21 Federal Highway, south of Turner Road on the east side of Federal Highway in Boynton
22 Beach, Florida, as more particularly described herein, has filed a Petition, through its agent,
23 Bradley Miller of Miller Land Planning Consultants, Inc., pursuant to Section 9 of Appendix
24 A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of
25 rezoning a parcel of land, said land being more particularly described hereinafter, from
26 General Commercial (CG) (Palm Beach County) to Community Commercial (C-3); and
27 WHEREAS, the City Commission conducted a public hearing and heard testimony
28 and received evidence which the Commission finds supports a rezoning for the property
29 hereinafter described; and
30 WHEREAS, the City Commission finds that the proposed rezoning is consistent with
31 an amendment to the Land Use which was contemporaneously considered and approved at
S :ICA IOrdinances\PlanninglRezoninglRezoning -Ticket Clinic,doc
1 the public hearing heretofore referenced; and
2 WHEREAS, the City Commission deems it in the best interests of the inhabitants of
3 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
6 Section 1. The foregoing Whereas clauses are true and correct and incorporated
7 herein by this reference.
8 Section 2. The following described land located at 3349 North Federal Highway,
91 south of Turner Road on the east side of Federal Highway in Boynton Beach, Florida, as set
10 forth as follows:
11
12 Lots 2 and 3 less the westerly 17 feet thereof, Kings Subdivision,
13 according to the Plat thereof, as recorded in Plat Book 20, Page 47,
14 of the Public Records of Palm Beach County, Florida.
15
16 CONTAINING 0.37 ACRES (16,088 Sq. Ft.) OF LAND.
17
18 Subject to easements, restrictions, reservations, covenants and
19 rights-of-way of record.
20
211 be and the same is hereby rezoned from General Commercial (CG) (Palm Beach County) to
22 Community Commercial (C-3). A location map is attached hereto as Exhibit "A" and made a
23 part of this Ordinance by reference.
24 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended
25 accordingly.
26 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby
27 repealed.
28 Section 5. Should any section or provision of this Ordinance or any portion thereof
S:\CA \Ordinances\Planning\Rezoning\Rezoning -Ticket Clinic.doc
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 6. This ordinance shall become effective immediately upon passage.
4 FIRST READING this _ day of ,2007,
5 SECOND, FINAL READING and PASSAGE this _ day of ,2008.
6 CITY OF BOYNTON BEACH, FLORIDA
7
8
9 Mayor - Jerry Taylor
10
11
121 Vice Mayor - Jose Rodriguez
131
14
15 Commissioner - Ronald Weiland
16
17
1811 Commissioner - Woodrow L. Hay
191
20
21 ATTEST: Commissioner - Marlene Ross
22
231
24 Janet M. Prainito, CMC
25 City Clerk
26
27
28 (Corporate Seal)
S :\CA \Ordinances\Planning\Rezoning\Rezoning -Ticket Clinic,doc
DEVELOPMENT DEPARTMENT
PLANNING &. ZONING DIVISION
MEMORANDUM NO. PZ 07-123
TO: Chair and Members
Planning & Developmentp-d and City Commission
FROM: Zff{,;
Gabriel Wuebben
Planner "~
THROUGH: LeJ
Michael W. Rumpf '
Director of Planning and Zoning
DATE: November 7, 2007
PROJECT NAME/NUMBER: Ticket Clinic /(ANEX 07-001) (LUAR 07-005)
REQUEST: To annex a 16,088 square foot (0.37-acre) parcel, to reclassify
land use to Local Retail Commercial (LRC), and to rezone to C-3,
Community Commercial.
PROJECT DESCRIPTION
Property Owner: Jer Enterprises, LLC
Applicant/Agent: Mr. Ted Hollander / Bradley Miller, Miller Land Planning
Consultants Inc.
Location: 3349 North Federal Highway, south of Turner Road on the east
side of Federal Highway, (see Exhibit "Aft - Location Map)
Parcel Size: 16,088 square feet (0.37 acre)
Existing Land Use: CHIS Commercial High (Palm Beach County)
Existing Zoning: CG General Commercial (Palm Beach County)
Proposed Land Use: Local Retail Commercial (LRC)
Proposed Zoning: C-3, Community Commercial
Proposed Use: The applicant intends to refurbish the existing building, improve
the parking and landscaping, and use the existing structure for
professional offices. A site plan application has been filed and is
currently under review.
f-'age t!.
Ticket Clinic
ANEX 07-001 and LUAR 07-005
Adjacent Uses:
North: Developed commercial property classified in Palm Beach County
as Commercial High (CH5), and zoned as General Commercial
(CG) in Palm Beach County (J&L new Antiques and Outdoor
Patio) ;
South: Undeveloped residential property recently approved as Tuscan
Villas, classified as Special High-density Residential (SHDR) land
use and zoned Infill Planned Unit Development (IPUD);
East: Developed single-family residential subdivision (Tradewinds
Estates) classified in Palm Beach County as Medium Density
Residential (MR-5), and zoned Sing!e-Family Residential (RS) in
Palm Beach County; and
West: Right-of-way for Federal Highway, then farther west is property
classified as Special High Density Residential (SHDR) and zoned
Planned Unit Development (PUD), approved for 109 town homes
(forthcoming Gulfstream Gardens II project).
EXECUTIVE SUMMARY
Staff recommends approval of the requested annexation / land use amendment / rezoning for
the following reasons:
1. The requested annexation is consistent with the objectives of the City's annexation
program, which emphasizes the annexation of enclaves, and relevant policies in the
Comprehensive Plan;
2. The requested land use and zoning are consistent with respective current designations
in unincorporated Palm Beach County;
3. The request will not create additional impacts on infrastructure that cannot be
accommodated by the City at present;
4. The requested land use and rezoning will provide the opportunity to return a blighted
and derelict property into an appealing, code-compliant site (NWSP 07-009) at the
southern gateway to Boynton Beach; and,
5. The requested change would help to further provide an economic contribution to both
the neighborhood and to the City.
f-'age j
Ticket Clinic
ANEX 07-001 and LUAR 07-005
PROPERTY OWNER NOTIFICATION
Owners of properties within 400 feet of the subject annexation I land use amendment I
rezoning 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.
PROJECT ANALYSIS
The parcel which is the subject of this request for annexation, land use amendment, and
rezoning totals 16,088 square feet or 0.37 acre. Because of the size of the property under
consideration, the Florida Department of Community Affairs classifies this amendment as a
"small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the
Florida Department of Community Affairs, and is not reviewed for compliance with the state,
regional and local comprehensive plans prior to adoption. The site is currently developed with a
one (l)-story, 2,400 square foot commercial building and an existing asphalt parking lot.
Previously, Gulfstream Carpet occupied the site, however, the business is no longer active, and
the building has been unoccupied for several months.
The proposed land use amendment I rezoning application is being reviewed concurrently with
an accompanying request for annexation. The subject property's current land use classification
is Commercial High with underlying Medium Density Residential of five (5) dwelling units per
acre (Palm Beach County CHIS). The applicant is requesting to annex into the City to utilize the
Local Retail Commercial (LRC) land use classification and the Community Commercial (C-3)
zoning district. The proposed land use classification (LRC) is the city's equivalent to the
County's CHIS land use classification, in terms of the allowable uses and respective intensities.
Therefore, the requested land use amendment / rezoning application meets the conditions
specified in Chapter 2, Section 9.C.2(2) of the Land Development Regulations stipulating that in
cases of annexation in which the Future Land Use and Zoning classifications of applicant Palm
Beach County properties are consistent with Future Land Use and Zoning classifications in the
City's Comprehensive Plan, the standard criteria for qualifying the change in Land Use and the
Rezoning maintained in Chapter 2, Section 9.C.7, shall not be applied. Since this is the case,
the request is relatively straightforward and would not require an evaluation of the eight (8)
criteria against which rezoning applications are normally reviewed, as outlined in Chapter 2,
Section 9.C.7 of the Land Development Regulations. Instead, staff analysis will relate to
consistency with other relevant portions of the Comprehensive Plan, the city's annexation
policy, service capability, and the conforming I non-conforming status of the property and uses.
The only policy in the Comprehensive Plan that would be pertinent to this request for
annexation I land use amendment I rezoning would be Policy 8.10.4, which states the
following:
8.10.4: The City shall coordinate with Palm Beach County regarding the prevention of
enclaves, pockets, or other undesirable land configurations adjacent to, or in the
proximity to, corporate limits, prior to annexation of any parcels into the City.
The annexation of the subject property will further the efforts to annex enclaves and pockets as
promoted by the county and practiced by the City. Currently, objectives of the City's
annexation policy include annexing all enclaves and pockets less than 10 acres, and to
Page 4
Ticket Clinic
ANEX 07-001 and LUAR 07-005
incrementally annex enclave and pocket properties with the intent to reducing them below the
10-acre threshold. Therefore, the annexation of this parcel is consistent with the only policy
within the Comprehensive Plan regarding annexation.
Existing land uses along the U.S. 1 frontage are predominately retail; therefore a Local Retail
Commercial (LRC) land use designation and Community Commercial (C-3) zoning category are
appropriate, both for lots which are presently in the City, and for those which will be annexed.
The subject property lies within Planning Area V as designated in the Federal Highway Corridor
Community Redevelopment Plan. Area V contains a mix of land uses, including commercial
uses, on small parcels. The residential nature of Planning Area V is to be preserved according
to the Federal Highway Redevelopment Plan, which serves as the foundation for the creation of
the Infill Planned Unit Development zoning district. However, although residential uses are
encouraged in the redevelopment of Planning Area V, the subject property is insufficient in size
to support a residential project.
In connection with previous annexation studies, city departments most affected by annexations
(e.g. Police, Fire, and Public Works), have been surveyed for issues related to service capability
and costs. All opinions previously collected from these departments supported the incremental
annexation of enclaves. These opinions have been based on the following:
1. The enclaves are all immediately adjacent to areas within the city that currently receive
urban services;
2. Ample service capacity exists to serve adjacent unincorporated properties; and
3. Most enclaves currently receive service from the city via the mutual aid agreement
(Police and Fire / EMS only);
With respect to impact upon roadways, the Palm Beach County Traffic Division has yet to
review the project to confirm that it meets Traffic Performance Standards of Palm Beach
County. The applicant must provide evidence of Traffic Concurrency prior to ordinance
adoption.
The Police and Fire Departments report that this project has been reviewed for potential service
impacts and availability, and based on the proposed use, office /professional space, it has been
determined that services allocated to, or existing within the area are adequate to provide the
project with a necessary level of service.
With respect to the status of the site and any existing or proposed uses, the property appears
to have been abandoned for some time. This conclusion is based on the lack of property
maintenance, the dilapidated condition of the existing building, and lack of intact site and
building signage. The site generally conforms to the City's site regulations including minimum
lot area and frontage, as indicated by the survey and other site plan documents simultaneously
submitted for new site plan approval (NW5P-07-006). There is however, a site sign proposed
for the project that would not conform to the city's sign regulations with respect to maximum
height and minimum setback. The proposed sign is actually in place, and staff understands that
it was the subject of a county sign permit. However, staff also understands that its current
location is inconsistent with the corresponding permit, and that it may have been initially
Page 5
Ticket Clinic
ANEX 07-001 and LUAR 07-005
planned for an existing sign structure located at the southwest corner of the property. Instead,
it was erected with a new structure just north of the existing driveway with the intent that its
placement would be followed-up with a corresponding amendment to the sign permit.
The City's sign regulations (Part 3, Chapter 21) require that all non-conforming signs annexed
into the city be brought into compliance within 6 months of annexation. However, given the
lack of county approval, and since the request for annexation is being accompanied by a
request for site plan approval, the sign has no official pre-existing status and should therefore
be brought into compliance with city regulations as a condition of annexation. In addition to
providing a sign that complies with the City's height and setback standards, it should also be
modified to provide a color scheme and letter size that is more compatible with the vision for
the corridor, which in part, is represented by the existing and proposed residential projects
along the corridor. More recently approved signage in this area along Federal Highway is
typically constructed of decorative stone and brick, with stylized lettering and an emphasis on
aesthetic qualitY.' EXiSting signs in the corridor represent' a combination ofa varietY of old
commercial signs, most of which were recently identified by the County as part of a non-
conforming sign study, and new residential signage that is consistently seen as part of entry
walls and other features, using block and stucco, tile, scoring, channel letters and external
illumination. Although commercial developments typically do not present the same opportunity
for highly stylized signage, the City should attempt to maintain a minimum standard with
respect to the quality of signage permitted. Staff recommends that the applicant revisit the
design of the sign face in an effort to bring the proposed signage more in line with that of the
surrounding area, with particular emphasis on colors and lettering (For additional information
on this sign, see Exhibit "C" - Conditions of Approval, Exhibit "D" - Federal Highway Signage
Examples, and the staff report for the corresponding site plan application).
CONCLUSIONS/RECOMMENDATIONS
As indicated herein, this request is consistent with the intent of the Comprehensive Plan; would
not create additional impacts on infrastructure that have not been anticipated in the
Comprehensive Plan; would be compatible with adjacent land uses and would contribute to the
overall economic development of the City. Therefore, staff recommends that the subject
request be approved. If additional conditions of approval are recommended by the Community
Redevelopment Agency Board or required by the City Commission, they will be included as
Exhibit "c" - Conditions of Approval.
ATTACHMENTS
S:\Planning\SHARED\WP\PROJECfS\Ticket Clinic\LUAR 07-005\Staff Report - Ticket Clinic LUAR.doc
Ticket Clinic - Exhibit ,wA" - Site Location Map
3349 N. Federal Hwy. - ANEX 07-001/LUAR 07-005
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M:\M L P C\PROJECTS\The Ticket Clinic\DRAWINGS\Site Plan Tart Comments.dw9, 10/22/20074:11:12 PM, Adobe PDF
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EXHIBIT "C"
Conditions of Approval
Project name: Ticket Clinic
File number: ANEX 07-001/LUAR 07-005
Reference:
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS- Solid Waste
Comments: None X
PUBLIC WORKS - Forestry & Grounds
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
--_.- .. ~' " un ",_" "..,
UTILITIES
,n --Commems:-Nune-- 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
FORESTER/ENVIRONMENT ALIST
Comments: None X
Conditions of Approval
2
PLANNING AND ZONING
Comments:
1. All signage must be approved concurrent with the request for Annexation X
and Land Use/Rezoning, in conjunction with site plan approval. Ultimate
signage must be reduced in maximum height from the reported 14' to 8',
and shall be setback a minimum of ten-feet (10') from any property
boundary.
2. The applicant shall modify the proposed sign colors and lettering to X
improve aesthetic compatibility with new signage in the corridor. Staff
recommends that the sign be occupied predominantly by muted colors,
more subtle copy, with the corporate colors being limited to a smaller
portion (approx. 20%) of the sign. Further, staff recommends the use of
block and stucco, tile, scoring, channel letters, stone and/or other
materials to achieve compatibility with the intended appearance of the
corridor. The intent of this condition may also be satisfied through the use
'.--of-othermaterials'applyingafau:x-desigIrconceptto meetthe appearance'. _n '" ._,..". -, ,..
objective.
n. ..:ADDITIONJtt'PLXNNtNG--&DEVELOPMENT-BOARl)' CONDITIONS. - r'. , --..,., I. --- -- -----
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:\Planning\SHARED\WP\PROJECTS\Ticket Clinic\LUAR 07-005\COA Ticket Clinic.doc
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Meeting Minutes
Planning and Development board
Boynton Beach, Florida November 27, 2007
4. Approval of Minutes.
Motion
Ms. Jaskiewicz moved approval of the minutes. Ms. Grcevic seconded the motion that
passed unanimously.
5. Communications and Announcements
A. Planning and Zoning Report
Final disposition of the October 23, 2007 Planning and Development Board
meeting agenda items.
Ed Breese, Principal Planner, announced the City Commission approved items from the
last board meeting including the Brisson pool variance and the Pylon Interstate Plaza
conditional use and height exception. The City Commission tabled the Cortina Site Plan
extension, pending review of the problems relating to blowing sand, the fence
screening and temporary landscaping. Mr. Breese indicated there would be no meeting
in December 2007 unless the board took action to the contrary.
It was noted there was no need for a motion to accept the report.
Acting Chair Casaine welcomed Mayor and Mrs. Taylor, Commissioner Weiland and
Commissioner Hay, seated in the audience.
6. Old Business
Evaluation and Appraisal Report (EAR) - based Com prehensive Plan
Amendments Status Report
Mr. Breese noted Hanna Matras, Economic Planner, had previously provided the board
with an update on the matter. She also provided a status as to the elements requiring
minor changes and those undergoing extensive rewriting. The board would be receiving
a complete package of the proposed EAR-based amendments to the Comprehensive
Plan in early 2008. The EAR was required to be submitted to Tallahassee in the
summer of 2008.
7. New Business
A. Ticket Clinic
Annexation
2
Meeting Minutes
Planning and Development board
Boynton Beach, Florida November 27, 2007
1. PROJECT: Ticket Clinic (ANEX 07-001)
AGENT: Bradley Miller, AICP, Miller Land Planning
Consultants, Inc.
OWNER: Jer Enterprises, LLC
LOCATION: 3349 North Federal Highway (South of
of Turner Road on the east side of Federal
Highway)
DESCRIPTION: Request to annex the subject property
(0.37 acres)
Ticket Clinic
Land Use Plan Amendment! RezoninQ
2. PROJECT: Ticket Clinic (LUAR 07-005)
AGENT: Bradley Miller, AICP, Miller Land Planning
Consultants, Inc.
OWNER: Jer Enterprises, LLC
LOCATION: 3349 North Federal Highway (South of
of Turner Road on the east side of Federal
Highway) ~
DESCRIPTION: Request to amend the Comprehensive Plan
Future Land Use Map from CHIS Commercial
High/with underlying medium density
residential of S du/ac (Palm Beach County)
to Local Retail Commercial LRC; and
Request to rezone from CG General
Commercial (Palm Beach County) to C-3
Community Commercial.
Proposed Use: Professional Office
Ticket Clinic
New Site Plan
3. PROJECT: Ticket Clinic (NWSP 07-006)
AGENT: Bradley Miller, AICP, Miller Land Planning
Consultants, Inc.
OWNER: Jer Enterprises, LLC
LOCATION: 3349 North Federal Highway (South of
of Turner Road on the east side of Federal
Highway)
3
Meeting Minutes
Planning and Development board
Boynton Beach, Florida November 27, 2007
DESCRIPTION: Request for new site plan approval for the
redevelopment of a 2,400 square foot
commercial structure and related site
improvements on 0.37 acres to be rezoned
C-3, Community Commercial.
Mr. Breese suggested all four items, Annexation, Land Use Plan Amendment, Rezoning
and the New Site Plan, be discussed collectively. However, each item would require
separate motions upon the conclusion of discussion. The board concurred.
Attorney Alexander administered the oath to all who would be testifying.
Bradley Miller, Miller Land Planning Consultants, Inc., 420 West Boynton Beach
Boulevard, advised he represented the applicant for all four items.
Mr. Breese provided a brief Powerpoint presentation on the four items being
considered. The property was located on the east side of Federal Highway, just south
of Turner Road. Adjacent uses included: To the north, developed commercial property
within Palm Beach County; to the south, a City-approved project for 22 townhomes
(Tuscan Villas); to the west, right-of-way for Federal H~ighway; and to the east, a
residential subdivision (Tradewinds Estates).
As noted, the applicant was requesting the following: (1) annexation of the 0.37 acre
parcel; (2) a change in land use from County CHIS, which was Commercial High, to a
Local Retail Commercial (LRC) within the City; (3) a change in zoning from CG General
Commercial in the County, to C-3 Community Commercial within the City; and (4) a site
plan approval for building and site improvements for a 2,400 square foot structure. The
applicant proposed to improve the existing structure with architectural details, paint,
awning, ,decorative shutters and the removal of an overhead door installed by the
previous tenant. Improvements were also anticipated to the parking lots, drainage
system, and a six-foot buffer wall against the residentially-zoned properties.
The 14-foot high monument sign on the property did not conform to the City's Sign
Code, which only allowed 8 feet in height. The sign also encroached into the City's
mandatory setback, which was within five feet from the front property line, rather than
the minimum ten feet required. The City's Sign Code required all non-conforming signs
annexed into the City be brought into compliance within six months. The sign appeared
to have no preexisting approval at the County level, and staff recommended it be
brought into compliance as a condition of the annexation. Existing signs along the
corridor represented a combination of commercial signs from the 19S0s and 1960s, as
well as a new mix of signs for the projects that had been approved on south Federal
Highway. These consisted of stucco, tile, channel letters and external illumination. The
4
Meeting Minutes
Planning and Development board
Boynton Beach, Florida November 27, 2007
City wished to proceed in this direction, rather than continue with the raised, internally
illuminated signs.
Staff recommended approval of the annexation, land use amendment and rezoning as
the annexation was consistent with the objectives of the City's annexation program, the
land use and rezoning were consistent with respective current designations in Palm
Beach County, and the request would not create additional impacts on infrastructure
that could not currently be accommodated by the City. Additionally, staff recommended
approval of the site plan, subject to the conditions of approval noted.
Mr. Miller advised he provided the City with an alternative plan proposing to relocate
and lower the sign in order to meet the height and setback requirements. He provided
a brief PowerPoint presentation with regard to the alternative plan. The sign appeared
to be stark, but this would change as the site was developed. Mr. Miller and his clients
had issues with condition #2 of the land use amendment and rezoning, and condition
#27 of the site plan, which he contended called for the creation of a residential sign for
a commercial project. They agreed to shift the sign to meet the lO-foot setback
requirement, and to reduce the height to meet the 8 foot requirement. He noted the
importance of the sign face in terms of visibility. In addition to the annexation, land
use amendment, rezoning and site plan approval, they requested the board consider
eliminating condition #2 of the land use amendment and rezoning, and condition #27 ~
of the site plan.
Ms. Jaskiewicz commented on the garishness of the colors and cluttered wording on the
sign. Mr. Miller contended the City required the sign indicate the nature of the business,
and the colors were the corporate colors of the business.
Mr. Breese advised staff did receive the alternative plan referred to by Mr. Miller. Staff
preferred to have the sign mirror the colors on the building rather than having
randomly-selected colors. In considering the appearance of a corridor, staff determined
the color and style desired. Muted, soft earth-tone colors were selected, which were
residential in nature and predominant in the redevelopment of South Federal Highway.
Acting Chair Casaine inquired whether staff would consider an exception. Mr. Breese
replied staff might allow some variation but he did not believe the internally-illuminated
plastic sign face would be the direction in which the City wished to proceed with the
Federal Highway corridor. He added modifications could be made to the sign which did
not require it to be completely rebuilt. The sign could be designed to appear as though
it was a tile type sign, rather than a metal-type of sign with a plastic face. Mr. Miller
remarked the base of the sign would be obscured by the landscaping, and would tie
into the color of the building.
S
Meeting Minutes
Planning and Development board
Boynton Beach, Florida November 27, 2007
Acting Chair Casaine invited public comments. No one having come forward, public
comments were closed.
Mr. Blehar indicated he would not be inclined to vote in favor of the exception
requested by the presenter. The nature of the business could be promoted through
radio advertising, and the name on the sign would immediately indicate the nature of
the business. The mere fact that other unattractive signs adorned Federal highway was
not justification for adding another unsightly sign.
Mr. Lis observed the address for the property was in Delray Beach. Mr. Miller advised
the property was not contiguous to Delray Beach but was contiguous to Boynton Beach.
Upon annexation, the property would be redefined to a Boynton Beach address. Mr.
Miller's client did not wish to develop the property in Delray Beach as the County's
regulations were more onerous than those of Boynton Beach. Mr. Lis objected to the
signage as proposed. He believed the sign was too yellow and the wording should be
limited to the name of the business.
Mr. Saberson agreed with the board's comments pertaining to signage and believed the
board should accept staffs recommendation.
Ms. Jaskiewicz believed the building itself would be more compatible and aesthetically
pleasing in an earth tone and believed the sign was garish. Aside from the sign, she
believed the project was a good one.
Mr. Miller advised the color of the sign was based on the standard yellow traffic
signage.
Mr. Miller indicated a modification of the sign represented a hardship to the applicant,
as the sign face would have to be removed, at great expense.
Ms. Grcevic inquired whether the business was part of a franchise. Mr. Miller replied he
did not know whether they were franchised, but they had multiple offices, and the signs
incorporated the colors presented.
Staff recommended approval with conditions #2 and #27 as noted pertaining only to
the lettering and color of the sign. Mr. Miller advised the applicant objected to
conditions #2 and #27, but was in agreement with all other conditions.
6
Meeting Minutes
Planning and Development board
Boynton Beach, Florida November 27, 2007
Motion
Ms. Jaskiewicz moved to approve the request to annex the subject property (0.37
acres) into the City, subject to the conditions of approval in Exhibits E. Mr. Saberson
seconded the motion that passed unanimously.
Motion
Ms. Jaskiewicz moved to approve the request to amend the Comprehensive Plan Future
Land Use Map from CH/5 Commercial High/with underlying medium density residential
of 5 du/ac (Palm Beach County) to Local Retail Commercial LRC, subject to all
conditions of approval recommended by staff. Ms. Grcevic seconded the motion that
passed unanimously.
Motion
Mr. Saberson moved approval of the requested rezoning, subject to all staff-
recommended conditions. Ms. Jaskiewicz seconded the motion that passed
unanimously.
Motion -
Mr. Saberson moved approval of the requested site plan approval, subject to all staff-
recommended conditions. Ms. Jaskiewicz seconded the motion that passed
unanimously.
B. Ocean Drive Hotel
Zonina Code Variance
1. PROJECT: Ocean Drive Hotel (ZNCV-08-001)
AGENT: Bonnie Miskel, Lauren Lending
OWNER: Boynton Holdings, LLC
LOCATION: North side of Ocean Drive, approximately
500 feet east of Congress Avenue
DESCRIPTION: Request for relief from the City of Boynton
Beach Land Development Regulations,
Chapter 2, zoning, Section 6.C.3, Community
Commercial zoning district, to allow a variance
of 19 feet, and a building height of 64 feet.
proposed Use: Hotel
7
.
VIII.-PUBlIC HEARING
ITEM F.
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 December 18, 2007 December 3, 2007 (Noon) o February 19,2008 February 4,2008 (Noon)
r8J January 2, 2008 December 17,2007 (Noon) o March 4, 2008 February 19,2008 (Noon)
0 January 15,2008 December 31, 2007 (Noon) o March 18, 2008 March 3, 2008 (Noon)
0 February 5, 2008 January 14, 2008 (Noon) o April I, 2008 March 17,2008 (Noon) j
"'."}
0 AnnouncementslPresentations 0 City Manager's Report -
\.;)
NATURE OF 0 Administrative 0 New Business -',
AGENDA ITEM 0 Consent Agenda 0 Legal - ...;...~
0 Code Compliance & Legal Settlements 0 UnfInished Business
---.
r8J Public Hearing 0 u::J
RECOMMENDATION: Please place this tabled request on the January 2, 2008 City Commission Agenda under
Public Hearing to coincide with the corresponding items for annexation, land use amendment and rezoning requests. The City
Commission tabled the request on December 18, 2007 to allow the applicant time to consider comments on project signage.
The Commission questioned the sign size, compatibility with area signage, the implications of the sign text (i.e. "D.U.I"), and
the necessity for both a wall and site sign.
So that fInal approval of the annexation and land use and zoning changes precede consideration of the corresponding site plan
request, staff recommends that this item be heard in conjunction with the aforementioned items but tabled to the January 15,
2008 meeting, for [mal action to follow ordinance approval. For further details pertaining to this request, see attached
Department Memorandum No. 07-124.
EXPLANATION:
PROJECT: Ticket Clinic (NWSP 07-006)
AGENT: Bradley Miller, AICP, Miller Land Planning Consultants, Inc.
OWNERS: J er Enterprises, LLC
LOCATION: 3349 Federal Highway (East side of Federal Highway, north of Gulfstream Boulevard)
DESCRIPTION: Request for new site plan approval for the redevelopment of a 2,400 square
foot commercial structure and related site improvements on 0.37 acres to be
rezoned C-3, Community Commercial.
PROGRAM IMP ACT:
FISCAL IMP ACT: ~~
ALTERNATIVES, ~
Dovolopmon'Depa ent ,,,to, -{!
Ity anager sIgnature
Assistant to City Manager
..,., ~ - .. .I-...~
Planning & Zoning Itiector City Attorney / Finance
S:\Planning\SHARED\WP\PROJECTS\Ticket Clinic\NWSP 07-006\Agenda Item Request Ticket Clinic NWSP 07-006 1-2-08.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSION
MEMORANDUM NO. PZ 07-124
STAFF REPORT
TO: Chair and Members
Planning & Develovnt Board and City Commission
THRU: Michael Rumpf ]J;- .
Planning and Zoning Director
FROM: Gabriel Wuebben ~
Planner
DATE: November 9, 2007
PROJECT NAME/NO: Ticket Clinic / NWSP 07-006
REQUEST: New Site Plan Approval
P-ROJECfDEscRimoN
Pr'f)pt!rty Owner: Jer Enterprises, LLC
Applicant: Mr. Ted Hollander
Agent: Mr. Bradley Miller, Miller Land Planning Consultants, Inc.
Location: 3349 North Federal Highway (south of Turner Road on the east side of
Federal Highway) (see Location Map - Exhibit "A")
Existing Land Use: CHIS Commercial High (Palm Beach County)
Existing Zoning: CG General Commercial (Palm Beach County)
Proposed Land Use: Local Retail Commercial (LRC)
Proposed Zoning: C-3, Community Commercial
Proposed Use: The applicant intends to refurbish the existing building, improve parking
and landscaping, and use the existing structure for professional offices.
Acreage: 16,088 square feet (0.37 acre)
Adjacent Uses:
North: Developed commercial property classified in Palm Beach County as
Commercial High (CHS), and zoned as General Commercial (CG) in Palm
Beach County (J&L new Antiques and Outdoor Patio);
South: Undeveloped residential property recently approved as Tuscan Villas,
classified as Special High-density Residential (SHDR) land use and zoned
Staff Report - Ticket Clinic (NWSP 07-006)
Memorandum No PZ 07-124
Page 2
Infill Planned Unit Development (IPUD);
East: Developed single-family residential subdivision (Tradewinds Estates)
classified in Palm Beach County as Medium Density Residential (MR-S),
and zoned Single-Family Residential (RS) in Palm Beach County; and
West: Right-of-way for Federal Highway, then farther west is property classified
as Special High Density Residential (SHDR) and zoned Planned Unit
Development (PUD), approved for 109 townhomes (forthcoming
Gulfstream Gardens II project).
PROPERTY OWNER NOTIFICATION
All property owners within 400 feet of the subject property were mailed a notice of this request for a major
site plan modification and its respective hearing dates per the Applicant who has certified that the required
signage was posted and notices mailed in accordance with Ordinance No. 04-007. The applicant also
spoke personally wjth the two property owners adjacent to the east of the subject property, and noted
individual concerns with respect to the project. The only complaint was that the existing site has in the
_-past-flooded_the..neigbboring-residential-jJropertiesr'Theconcemed-propertyowRer was-repert-edly-. ... .-
rerieved fO-Iearn that theproposecrpfojecfWm .femedy.aUpa5t aricfexfstingdfalrfage issues with the
creation of an on-site dry detention basin.
-.-.-.,,--.,,""-.
Site Location: The subject property is located approximately 100 feet south of Turner Road on the
east side of North Federal Highway near the southern City limits. Located within
Planning Area V of the Community Redevelopment Area Plan, this area serves as a
gateway into the City. According to the survey, the site consists of Lots 2 and 3
less the Westerly 17 feet thereof, of King's subdivision (Plat Book 20, Page 47) and
totals 16,088 square feet (0.37 acre).
The subject site fronts ~nd accesses North Federal Highway to the west. The site
is currently developed with a one (l)-story, 2,400 square foot commercial building
and an existing asphalt parking lot. Previously, Gulfstream Carpet occupied the
site, however, the business is no longer active, and the building has been
unoccupied for several months.
BACKGROUND
Proposal: Mr. Bradley Miller, Miller Land Planning Consultants, Inc., agent for the property
owner, is currently requesting annexation (ANEX 07-001), land use amendment from
CH/5 (PBC) to LRC, and a rezoning from CG (PBC) to C-3 (LUAR 07-005) for Lots 2
and 3 less the Westerly 17 feet thereof, of King's subdivision (Plat Book 20, Page 47).
Mr. Miller is simultaneously requesting a new site plan approval to convert the use of
the existing building from retail to a professional/office space. The proposed office
space would be a permitted use in the C-3 zoning district.
The project includes interior building renovations and extensive exterior
improvements. Proposed lot coverage is 2,400 square feet, or 15%, of the existing
site.
Staff Report - Ticket Clinic (NWSP 07-006)
Memorandum No PZ 07-124
Page 3
The site is considered nonconforming with respect to landscaping requirements. ThE:
proposed site improvements will bring the site fully up to Code with the installation of
a great deal of landscape material. The applicant will also make dramatic
improvements in the overall functionality and aesthetic appeal of the property by
adding architectural interest and detail to the building, providing parking designated
for handicap use, creating a landscaped dry detention area, and constructing a
screened waste disposal area to conceal a roll-out waste disposal cart and a lift
station.
ANALYSIS
Concurrency:
Traffic: The applicant has indicated that a traffic s'"LOtement for this project was submitted
and sent to the Palm Beach County Traffic Division for their review and approval.
No building permits will be issued until receipt of concurrency approval from Palm
Beach County (see Exhibit "c" - Conditions of Approval).
~Ut-ilities: The:appIiGant~-is-to_submit .atirTleline~ndi~i:lting- -Glearlywhen ~water .and sewer
service will be needed to serve the proposed project. This timeline will be used to
confirm the adequacy of water and wastewater treatment capacity for the proposed
project.. (see Exhibit "c" - Conditions of Approval).
Fire I Police: Police and Fire have reviewed the site plan and determined that emergency
services are available to the proposed project with an appropriate response time.
Emergency service providers expect to be able to utilize their current or anticipated
resources to maintain an adequate level of service for the proposed project.
Drainage: Conceptual drainage information was provided for the City's review. The
Engineering Division has found the conceptual information to be adequate and is
recommending that the review of specific drainage solutions be deferred until time
of permit review (see Exhibit "CIf - Conditions of Approval).
Driveways: The site to be redeveloped is accessible from Federal Highway. The proposed
redevelopment includes modifying the existing curb cut into a single curb cut
permitting access to the property. Staff has reviewed the proposed entrance
driveway for width requirement and safe-sight triangle compliance, and find the
design compatible with standards.
Parking: The proposed office use requires 1 (one) parking space per 300 square feet of
gross floor area. With a maximum enclosed building area of 2,400 square feet (as
proposed), a total of eight (8) parking spaces are required. The proposed site plan
includes nine (9) parking spaces on site, with 1 space designated for handicap use
as required by ADA standards. The applicant proposes to remove the existing
asphalt parking surface, replace it with new asphalt, and provide parking stalls at
three locations on the site; three spaces in front, three space at the northwest
corner of the property, and three spaces at the rear of the building, with 1 of the
spaces designated for handicap use (van accessible space with loading/unloading
area). The parking stalls, excluding the accessible space, would be dimensioned
Staff Report- Ticket Clinic (NWSP 07-006)
Memorandum No PZ 07-124
Page 4
nine and one half (9.S) feet in width and eighteen and one half (18.5) feet in length
and include wheelstops. All proposed parking stalls, including the size and location
of the accessible space, were reviewed and approved by both the Engineering
Division and Building Division. In addition, all necessary traffic control signage and
pavement markings will be provided to clearly delineate areas on site and direction
of circulation.
Landscaping: The site plan tabular data indicates that the proposed open space or "pervious"
area would be 6,248 square feet, or 39% of the total lot area. Proposed
landscaping exceeds the minimum requirements in an effort to provide a more
natural outdoor setting. A total of 20 square feet of landscaping is required per
parking space (a total of 180 square feet of landscaped area is required and
proyi9~~).In~cjditi()n, ()ne (l}tr~e i~ require.dpe.rten (10) parking spaces (1 tree
is required and provided). Fifty percent (50%) of site landscape materials must be
native species and must be indicated on the landscape plan as such (see Exhibit
"c" - Conditions of Approval).
The proposed landscaping vastly improves upon the existing, inadequate site
........... .---conditions.+l'!e.sitep1anpnwides. extensive€li~e.ningj)f-tReJFontage-aleng:~ae.ral--
...,....._--"~-_.__._.. . .......-.. .,- --...-- ,'--
Highway. As the entirety of existing asphalt will be removed and repaved to form
the new parking area, the applicant has integrated the landscape plan with
proposed- paved areas to maximize softening of theproPQseddevetopment wAile
maintaining functionality. Along the northern property line, the proposed project
maintains a minimum two and one half foot (2.5') landscape buffer. Along the
eastern and southern property lines, the proposed landscape buffer expands to a
minimum of five feet (5'), and the buffer is maintained at ten feet (10') at the
southwestern property line. In addition to the landscape buffer, the applicant has
minimized impact on neighboring residential uses through the proposed
construction of a six foot (6') buffer wall. Within this buffer area there is required
one (1) tree every 30 linear feet, and a continuous hedge planted at a minimum of
24 inches in height with tip-to-tip spacing. The buffers will support buttonwood,
orange geiger, and hi-rise oak trees. Shrub species would include cocoplum, green
buttonwood, firebush, dwarf i1ix, and carolina laurel cherry. The applicant has also
provided the required signature trees at the entrance to the site (tibouchina
granulosa).
Staff has worked closely with the applicant to address the City's concerns with
landscaping and water conservation. The applicant has eliminated large swaths of
sod and replaced them instead with mulch and drought-tolerant plantings. In
particular, the applicant eliminated a significant amount of sod surrounding the dry
detention basin, opting for a mixture of drought-tolerant wildflowers, which
balances the City's desire for aesthetic quality with soil stabilization and water
conservation. Staff recommends that the applicant exercise the same design
principles with respect to existing minor swaths of sod, particularly those in the
northern and northwestern areas of the site (see Exhibit "c" - Conditions of
Approval).
Building Design: Currently a vacant, nondescript building sits in the middle of the site. The
proposed plans call for upgrades to the exterior of the building, including new
Staff Report - Ticket Clinic (NWSP 07-006)
Memorandum No PZ 07-124
Page 5
windows, doors, light fixtures, canvas awnings, and decorative shutters. The
applicant will also remove a large, overhead door from the north fac;ade of the
existing structure. The building complies with all applicable setback regulations. It
maintains a front setback of S3' (20' required), a rear setback of 43' (30' required),
and side setbacks of 15' and 45' (lS' required). The shortest distance between the
building and a neighboring property is at the southern property line where a 15-
foot (15') setback is to be maintained. The proposed development will be buffered
from the neighboring residential project by a buffer ranging in width from five (5)
to ten (10) feet as well as a six-foot (6') high masonry wall.
The building and site design as proposed would generally meet all code
requirements when staff comments are incorporated into the permit drawings.
Height: Tne existing building Will remain as a one (l)-story structure. The maximum height
allowed in the C-3 zoning district is forty-five (45) feet. The elevations indicate the
proposed building improvements are a total of fifteen and one half (15.5) feet in
height at the highest point.
Lot Coverage: The-mcpqmUln ~IIQvvablenlot -GQverage-intheC-3zoRing-district-is40%. The total
lot coverage proposed is 15% which includes all areas covered by a building or
roofed area.
Colors: The elevation plan indicates the proposed exterior color of the building to be yellow
("Afternoon" - Sherwin Williams #6675) with off-white trim ("Morning Sun" _
Sherwin Williams #6672). Doors are to be clear glass. White-trimmed windows
are proposed, with black aluminum decorative shutters. Per Chapter 9, Community
Design Plan, of the Land Development Regulations, Section 9.A., buildings,
structures and site elements shall be in visual harmony with surrounding
developments. The proposed building color is considered compatible with
surrounding development.
Signage: There are two signs proposed for the project. The first is a wall sign attached to
the pitched roof of the existing building. The second sign is the recently
redesigned monument sign at the project entrance. Signs, in general, shall be
designed and treated as part of the architecture of the building as required by the
Land Development Regulations, Chapter 9, Section 10(1)(1), and evaluated during
the site plan review process.
The wall sign ("The Ticket Clinic'') would be placed over the front windows shown
on the west elevation, facing Federal Highway. The sign would be made of
individually illuminated channel letters and the Ticket Clinic corporate logo on a
raceway bracket. The lettering and logo would be 22 inches in height, 21 feet 10
inches in length, and 5 inches in depth. The permitted and proposed square
footage of the wall signage is forty square feet. All project signage is to be
indicated on the elevations and must be reviewed by staff for compliance with the
maximum square footage allowed based on linear feet of building wall on the west
fa~de, which is forty feet (see Exhibit "c" - Conditions of Approval). All proposed
wall signage must comply with the area limitations as set forth in Chapter 21,
Article IV, Section 2.C of the Land Development Regulations.
Staff Report - Ticket Clinic (NWSP 07-006)
Memorandum No PZ 07-124
Page 6
wall signage must comply with the area limitations as set forth in Chapter 21,
Article IV, Section 2.C of the Land Development Regulations.
Staff has also reviewed the existing monument sign. The sign stands at fourteen
(14) feet in height. This is in severe conflict with the maximum monument sign
height of eight (8) feet per the City's sign code. Staff has recommended that the
applicant eliminate the lower six (6) feet of the existing base in order to bring the
height of the proposed sign into compliance with City regulations. The sign also
encroaches into the City's mandatory setback for monument signs. The front edge
of the monument sign sits approximately five (S) feet back from the front property
line, as opposed to the mandatory ten (10) feet required by City regulations. The
applicant must resolve these two major issues regarding the monument sign as a
condition of approva I (see ~~i ~i~\~c::'~_=c:or-l~i~i()r1~()f.,6.pp~oy~I)._F:!r1_~Uy ,~~~_~i2r1_~~ _
an internally-illuminated, double-sided cabinet sign with pan embossed, or raised
copy. Lettering is dramatic in color, with large, bright yellow and red backgrounds
juxtaposed with a stark, black background and similarly colored block lettering.
Existing signs in the corridor represent a combination of a variety of old commercial
signs, most of which were recently identified by the County as part of a non-
confor!!ling:l)ig~tLJcIv-,~9:f!~\I\I-r~~19~i~t~19f@ge..Jh~tl?-C:()t:1~~!l%JycSeeq~?::P?1J:t
of entry walls and other features, using block and stucco, tile, scoring, channel
letters and external illumination. Staff recommends that the applicant reconsider
the color andJettering scheme of the monumentsignforgreatercompatibUitywitb
the newer signage in the area and the City's vision for the corridor. This could
include muted coloring, more subtle copy, and limiting the corporate colors to a
smaller portion of the sign. Again, as this existing monument sign is under review
concurrent with project annexation, Staff has reviewed the sign as though it were
new. (see Exhibit "c" - Conditions of Approval).
Lighting: The site plan indicates three pOle-mounted light fixtures would provide adequate
lighting for the project while not creating offensive glare on the neighboring
residential properties. The Photometries Plan indicates that light pole fixtures shall
be equipped with shields to reduce light spillage onto adjacent sites. The design,
style, and illumination level shall be compatible with the building design (height)
and shall consider safety, function, and aesthetic value per Chapter 9, Section
10.F.1. of the Land Development Regulations (see Exhibit "c" - Conditions of
Approval).
RECOMMENDATION:
Staff has reviewed this request for approval of a new site plan for redevelopment of the site. Staff
recommends approval, contingent upon all comments indicated in Exhibit "c" - Conditions of Approval.
The Technical Advisory Review Team (TART) recommends that the deficiencies identified in this exhibit be
corrected on the set of plans submitted for building permits. Also, any additional conditions recommended
by the Planning & Development Board and/or approved by the city Commission shall be documented
accordingly in the Conditions of Approval.
MR/GW
S:\Planning\SHARED\WP\PROJECTS\Ticket Oinic\NWSP 07-006\Staff Report Ticket Oinic.doc
Ticket Clinic - Exhibit "A" - Site Location Map
3349 N. Federal Hwy. - NWSP 07-009
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ag
CONDITIONS OF APPROV AL
New Site Plan
Project name: Ticket Clinic
File number: NWSP 07-006
Reference: 1 streview plans identified as a New Site Plan with a September 19. 2007 Planning and Zoning
Denartment date stamn marking.
DEPARTMENTS INCLUDE REJECT
I
I PUBLIC WORKS - Solid Waste
Comments:
l. Prior to permit application contact the Public Works Department (561- X
742-6200) regarding the storage and handling of refuse per the CODE,
Section 10-26 (a).
PUBLIC WORKS - Forestry
Comments:
2. Show overhead power lines on the landscape plans X
PUBLIC WORKS-Traffic I
i
Comments:
3. The site plan reflects as street address of 3349 North Federal Highway, X
DeIray Beach. Annexation of this property is part of this overall I
application. Upon approval of the annexation the proposed new building , f
will be required to synchronize with this city's addressing system. : ,
ENGINEERING
Comments: I
I
4. All comments requiring changes and/or corrections to the plans shall be X I
I
reflected on all appropriate sheets. I i
I
5. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the Technical Advisory
Review Team (TART) process does not ensure that additional comments
may not be generated by the Commission and at permit review.
6. Full drainage plans, including drainage calculations, in accordance with the X
LDR, Chapter 6, Article N, Section 5 and Section 10.2 will be required at
the time of permitting.
7. Paving, drainage and site details will not be reviewed for construction X I
acceptability at this time. All engineering construction details shall be in I
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. I
!
Conditions of Approval
2
I I
DEPARTMENTS INCLUDE REJECT
UTILITIES
Comments:
8. Please provide a timeline that clearly illustrates when water and sewer X
services will be required to serve the proposed project. Your starting date
for the time line should be the date of City Commission approval. Also
provide milestone dates for permit application, the start of construction, and
the setting of the first water meter. This timeline will be used to determine
the adequacy of water and wastewater treatment capacity for your project
upon the project's completion, so please be as accurate as possible.
9. Palm Beach County Health Department permits may be required for the X
water and sewer systems serving this project (CODE, Section 26-12).
10. Fire flow calculations will be required demonstrating the City Code X
requirement of 1,500 g.p.m. (500 g.p.m. some residential developments)
I ~ with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article N, .... - ~
SectlonT6; ~~ or ...the .~. requlrement--imposecC-bY:-msurance--i.iD.derwnters,
whichever is greater (CODE, Section 26-16(b)).
11. The CODE, Section 26-34(E) requires that a capacity reservation fee be X
paid 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.
12. Water and sewer lines to be owned and operated by the City shall be X
included within utility easements in accordance with the LDR, Chapter 6,
Article IV, Section 6. Please show all proposed easements on the
engineering drawings, using a minimum width of 12 feet. The easements
shall be dedicated via separate instrument to the City as stated in CODE
Sec. 26-33(e).
13. This office will not require surety for installation of the water and sewer X
utilities, on condition that the systems be fully completed, and given to the
City Utilities Department before the first permanent meter is set. Note that
setting of a permanent water meter is a prerequisite to obtaining the
Certificate of Occupancy.
14. A building permit for this project shall not be issued until this Department X
has approved the plans for the water and/or sewer improvements required to
service this project, in accordance with the CODE, Section 26-15.
15. Utility construction details will not be reviewed for construction X
acceptability at this time. All utility construction details shall be in
accordance with the Utilities Department's "Utilities Engineering Design
Handbook and Construction Standards" manual (including any updates)
and will be reviewed at the time of construction permit application.
Conditions of Approval
3
~ II
DEPARTMENTS INCLUDE I
REJECT
I
FIRE
Comments: NONE X
POLICE
Comments:
16. Landscaping should not obstruct view of windows, building address X
numbers, and walkways.
BUILDING DIVISION
Comments:
17. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance-Of these-plans dUring the TART (Technical
Advisory Review Team) process does not ensure that additional comments
may not be generated by the commission and at pennit review.
18. Buildings, structures and parts thereof shall be designed to withstand the X
minimum wind loads of 140 mph. Wind forces on every building or
structure shall be determined by the provisions of ASCE 7, Chapter 6, and
the provisions of 2004 FBC, Section 1609 (Wind Loads). Calculations that
are signed and sealed by a design professional registered in the state of
Florida shall be submitted for review at the time of permit application.
19. At time of permit review, submit signed and sealed working drawings of the X :
proposed construction. I
I
20. 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: I
A) The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
B) 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) I
21. At time of permit review, submit separate surveys of each lot, parcel, or X I
tract. 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.
22. Pursuant to approval by the City Commission and all other outside agencies, X I
the plans for this project must be submitted to the Building Division for I
I
review at the time of permit application submittal. The plans must I
incorporate all the conditions of approval as listed in the development order I
Conditions of Approval
4
I II
DEPARTMENTS INCLUDE REJECT
and approved by the City Commission.
23. The full address of the project shall be submitted with the construction X
documents at the time of permit application submittal. The addressing plan
shall be approved by the United States Post Office, the City of Boynton
Beach Department of Engineering, the City of Boynton Beach Fire
Department, the City's GIS Division, and the Palm Beach County
Emergency 911.
A) Palm Beach County Planning, Zoning & Building Division, 100
Australian Avenue, West Palm Beach, Florida (Sean McDonald - 561-
233-5013)
B) United States Post Office, Boynton Beach (Michelle Bullard - 561-734-
0872)
PARKS AND RECREATION
Comments: NONE X
-.- --- ; ~ - - ._~ - -
FORESTER/ENVIRONMENT ALIST
Comments:
24. The applicant successfully substituted a significant amount of drought- X
tolerant wildflowers and a mixture of other p1antings for sod. Staff
recommends the applicant duplicate this effort in the northern and
northwestern portions of the site.
PLANNING AND ZONING
Comments:
25. All signage must be approved concurrent with the site plan submittal or an X
additional full site plan review would be required solely for signage review
and approval. Existing signage must be reduced in height from the reported
14' to 8' maximum, and shall be setback a minimum 10' from any property
boundary.
26. Depict area of wall signage and appropriate calculations to confirm X
compliance with Land Development Regulations, Chapter 21.
27. The applicant shall modify the proposed sign colors and lettering to X
improve aesthetic compatibility with new signage in the corridor. Staff
recommends that the sign be occupied predominantly by muted colors, more
subtle copy, with the corporate colors being limited to a smaller portion
(approx. 20%) of the sign. Further, staff recommends the use of block and
stucco, tile, scoring, channel letters, stone and/or other materials to achieve
compatibility with the intended appearance of the corridor. The intent of this
condition may also be satisfied through the use of other materials applying a
faux design concept to meet the appearance obiective.
28. Rooftops will be treated as part of the building elevation. All rooftop X
Conditions of Approval
5
~
DEPARTMENTS INCLUDE REJECT
equipment must be completely screened from view at a minimum distance
of 600 feet (Chapter 9, Section II.E.). I
29. It is the applicant's responsibility to ensure that the new site plan is publicly X
advertised in accordance with Ordinance 04-007.
30. No light should spill off the subject property. The applicant shall readjust X
site lighting especially at the eastern property line, where illumination is I
particularly intense on the neighboring residential use. i
31. The applicant is responsible for compliance with Ordinance 05-060, the X
"Art in Public Places" program should project costs exceed $250,000.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS ,
I
I
i
Comments: I
I
1. None I X
. ..
ADDITIONAL CITY COMMISSION CONDITIONS
Comments: I
I
1. To be determined I
i
S:\Planning\SHARED\WP\PROJECTS\Ticket Clinic\NWSP 07 -006\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Ticket Clinic
APPLICANT'S AGENT: Bradley Miller of Miller Land planning Consultants, Inc.
APPLICANT'S ADDRESS: 420 Boynton Beach Blvd., Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 15, 2008
TYPE OF RELIEF SOUGHT: Request approval for the redevelopment of a one-story, 16,088 square
foot parcel to provide 2,400 square feet of office /professional space.
LOCATION OF PROPERTY: 3349 N. Federal Highway
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
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\Ticket Clinic\NWSP 07-006\00 Ticket Clinic.doc
Meeting Minutes
Planning and Development board
Boynton Beach, Florida November 27, 2007
4. Approval of Minutes.
Motion
Ms. Jaskiewicz moved approval of the minutes. Ms. Grcevic seconded the motion that
passed unanimously.
5. Communications and Announcements
A. Planning and Zoning Report
Final disposition of the October 23, 2007 Planning and Development Board
meeting agenda items.
Ed Breese, Principal Planner, announced the City Commission approved items from the
last board meeting including the Brisson pool variance and the Pylon Interstate Plaza
conditional use and height exception. The City Commission tabled the Cortina Site Plan
extension, pending review of the problems relating to blowing sand, the fence
screening and temporary landscaping. Mr. Breese indicated there would be no meeting
in December 2007 unless the board took action to the contrary.
It was noted there was no need for a motion to accept the report.
Acting Chair Casaine welcomed Mayor and Mrs. Taylor, Commissioner Weiland and
Commissioner Hay, seated in the audience.
6. Old Business
Evaluation and Appraisal Report (EAR) - based Comprehensive Plan
Amendments Status Report
Mr. Breese noted Hanna Matras, Economic Planner, had previously provided the board
with an update on the matter. She also provided a status as to the elements requiring
minor changes and those undergoing extensive rewriting. The board would be receiving
a complete package of the proposed EAR-based amendments to the Comprehensive
Plan in early 2008. The EAR was required to be submitted to Tallahassee in the
summer of 2008.
7. New Business
A. Ticket Clinic
Annexation
2
Meeting Minutes
Planning and Development board
Boynton Beach, Florida November 27, 2007
1. PROJECT: Ticket Clinic (ANEX 07-001)
AGENT: Bradley Miller, AICP, Miller Land Planning
Consultants, Inc.
OWNER: Jer Enterprises, LLC
LOCATION: 3349 North Federal Highway (South of
of Turner Road on the east side of Federal
Highway)
DESCRIPTION: Request to annex the subject property
(0.37 acres)
Ticket Clinic
Land Use Plan Amendment/Rezonina
2. PROJECT: Ticket Clinic (LUAR 07-005)
AGENT: Bradley Miller, AICP, Miller Land Planning
Consultants, Inc.
OWNER: Jer Enterprises, LLC
LOCATION: 3349 North Federal Highway (South of
of Turner Road on the east side of Federal
Highway)
DESCRIPTION: Request to amend the Comprehensive Plan
Future Land Use Map from CHIS Commercial
High/with underlying medium density
residential of S du/ac (Palm Beach County)
to Local Retail Commercial LRC; and
Request to rezone from CG General
Commercial (Palm Beach County) to C-3
Community Commercial.
Proposed Use: Professional Office
Ticket Clinic
New Site Plan
3. PROJECT: Ticket Clinic (NWSP 07-006)
AGENT: Bradley Miller, AICP, Miller Land Planning
Consultants, Inc.
OWNER: Jer Enterprises, LLC
LOCATION: 3349 North Federal Highway (South of
of Turner Road on the east side of Federal
Highway)
3
Meeting Minutes
Planning and Development board
Boynton Beach, Florida November 27, 2007
DESCRIPTION: Request for new site plan approval for the
redevelopment of a 2,400 square foot
commercial structure and related site
improvements on 0.37 acres to be rezoned
C-3, Community Commercial.
Mr. Breese suggested all four items, Annexation, Land Use Plan Amendment, Rezoning
and the New Site Plan, be discussed collectively. However, each item would require
separate motions upon the conclusion of discussion. The board concurred.
Attorney Alexander administered the oath to all who would be testifying.
Bradley Miller, Miller Land Planning Consultants, Inc., 420 West Boynton Beach
Boulevard, advised he represented the applicant for all four items.
Mr. Breese provided a brief PowerPoint presentation on the four items being
considered. The property was located on the east side of Federal Highway, just south
of Turner Road. Adjacent uses included: To the north, developed commercial property
within Palm Beach County; to the south, a City-approved project for 22 townhomes
(Tuscan Villas); to the west, right-of-way for Federal Highway; and to the east, a
residential subdivision (Tradewinds Estates).
As noted, the applicant was requesting the following: (1) annexation of the 0.37 acre
parcel; (2) a change in land use from County CHIS, which was Commercial High, to a
Local Retail Commercial (LRC) within the City; (3) a change in zoning from CG General
Commercial in the County, to C-3 Community Commercial within the City; and (4) a site
plan approval for building and site improvements for a 2,400 square foot structure. The
applicant proposed to improve the existing structure with architectural details, paint,
awning, decorative shutters and the removal of an overhead door installed by the
previous tenant. Improvements were also anticipated to the parking lots, drainage
system, and a six-foot buffer wall against the residentially-zoned properties.
The 14-foot high monument sign on the property did not conform to the City's Sign
Code, which only allowed 8 feet in height. The sign also encroached into the City's
mandatory setback, which was within five feet from the front property line, rather than
the minimum ten feet required. The City's Sign Code required all non-conforming signs
annexed into the City be brought into compliance within six months. The sign appeared
to have no preexisting approval at the County level, and staff recommended it be
brought into compliance as a condition of the annexation. Existing signs along the
corridor represented a combination of commercial signs from the 19S0s and 1960s, as
well as a new mix of signs for the projects that had been approved on south Federal
Highway. These consisted of stucco, tile, channel letters and external illumination. The
4
Meeting Minutes
Planning and Development board
Boynton Beach, Florida November 27, 2007
City wished to proceed in this direction, rather than continue with the raised, internally
illuminated signs.
Staff recommended approval of the annexation, land use amendment and rezoning as
the annexation was consistent with the objectives of the City's annexation program, the
land use and rezoning were consistent with respective current designations in Palm
Beach County, and the request would not create additional impacts on infrastructure
that could not currently be accommodated by the City. Additionally, staff recommended
approval of the site plan, subject to the conditions of approval noted.
Mr. Miller advised he provided the City with an alternative plan proposing to relocate
and lower the sign in order to meet the height and setback requirements. He provided
a brief powerPoint presentation with regard to the alternative plan. The sign appeared
to be stark, but this would change as the site was developed. Mr. Miller and his clients
had issues with condition #2 of the land use amendment and rezoning, and condition
#27 of the site plan, which he contended called for the creation of a residential sign for
a commercial project. They agreed to shift the sign to meet the lO-foot setback
requirement, and to reduce the height to meet the 8 foot requirement. He noted the
importance of the sign face in terms of visibility. In addition to the annexation, land
use amendment, rezoning and site plan approval, they requested the board consider ~
eliminating condition #2 of the land use amendment and rezoning, and condition #27
of the site plan.
Ms. Jaskiewicz commented on the garishness of the colors and cluttered wording on the
sign. Mr. Miller contended the City required the sign indicate the nature of the business,
and the colors were the corporate colors of the business.
Mr. Breese advised staff did receive the alternative plan referred to by Mr. Miller. Staff
preferred to have the sign mirror the colors on the building rather than having
randomly-selected colors. In considering the appearance of a corridor, staff determined
the color and style desired. Muted, soft earth-tone colors were selected, which were
residential in nature and predominant in the redevelopment of South Federal Highway.
Acting Chair Casaine inquired whether staff would consider an exception. Mr. Breese
replied staff might allow some variation but he did not believe the internally-illuminated
plastic sign face would be the direction in which the City wished to proceed with the
Federal Highway corridor. He added modifications could be made to the sign which did
not require it to be completely rebuilt. The sign could be designed to appear as though
it was a tile type sign, rather than a metal-type of sign with a plastic face. Mr. Miller
remarked the base of the sign would be obscured by the landscaping, and would tie
into the color of the building.
S
Meeting Minutes
Planning and Development board
Boynton Beach, Florida November 27, 2007
Acting Chair Casaine invited public comments. No one having come forward, public
comments were closed.
Mr. Blehar indicated he would not be inclined to vote in favor of the exception
requested by the presenter. The nature of the business could be promoted through
radio advertising, and the name on the sign would immediately indicate the nature of
the business. The mere fact that other unattractive signs adorned Federal highway was
not justification for adding another unsightly sign.
Mr. Lis observed the address for the property was in Delray Beach. Mr. Miller advised
the property was not contiguous to Delray Beach but was contiguous to Boynton Beach.
Upon annexation, the property would be redefined to a Boynton Beach address. Mr.
Miller's client did not wish to develop the property in Delray Beach as the County's
regulations were more onerous than those of Boynton Beach. Mr. Lis objected to the
signage as proposed. He believed the sign was too yellow and the wording should be
limited to the name of the business.
Mr. Saberson agreed with the board's comments pertaining to signage and believed the
board should accept staffs recommendation.
,
Ms. Jaskiewicz believed the building itself would be more compatible and aesthetically
pleasing in an earth tone and believed the sign was garish. Aside from the sign, she
believed the project was a good one.
Mr. Miller advised the color of the sign was based on the standard yellow traffic
signage.
Mr. Miller indicated a modification of the sign represented a hardship to the applicant,
as the sign face would have to be removed, at great expense.
Ms. Grcevic inquired whether the business was part of a franchise. Mr. Miller replied he
did not know whether they were franchised, but they had multiple offices, and the signs
incorporated the colors presented.
Staff recommended approval with conditions #2 and #27 as noted pertaining only to
the lettering and color of the sign. Mr. Miller advised the applicant objected to
conditions #2 and #27, but was in agreement with all other conditions.
6
Meeting Minutes
Planning and Development board
Boynton Beach, Florida November 27, 2007
Motion
Ms. Jaskiewicz moved to approve the request to annex the subject property (0.37
acres) into the City, subject to the conditions of approval in Exhibits E. Mr. Saberson
seconded the motion that passed unanimously.
Motion
Ms. Jaskiewicz moved to approve the request to amend the Comprehensive Plan Future
Land Use Map from CHIS Commercial High/with underlying medium density residential
of 5 du/ac (Palm Beach County) to Local Retail Commercial LRC, subject to all
conditions of approval recommended by staff. Ms. Grcevic seconded the motion that
passed unanimously.
Motion
Mr. Saberson moved approval of the requested rezoning, subject to all staff-
recommended conditions. Ms. Jaskiewicz seconded the motion that passed
unanimously.
Motion -
Mr. Saberson moved approval of the requested site plan approval, subject to all staff-
recommended conditions. Ms. Jaskiewicz seconded the motion that passed
unanimously.
B. Ocean Drive Hotel
Zonina Code Variance
1. PROJECT: Ocean Drive Hotel (ZNCV-08-001)
AGENT: Bonnie Miskel, Lauren Lending
OWNER: Boynton Holdings, LLC
LOCATION: North side of Ocean Drive, approximately
500 feet east of Congress Avenue
DESCRIPTION: Request for relief from the City of Boynton
Beach Land Development Regulations,
Chapter 2, zoning, Section 6.C.3, Community
Commercial zoning district, to allow a variance
of 19 feet, and a building height of 64 feet.
Proposed Use: Hotel
7
VIII.-PUBLIC HEARING
ITEM G.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOR1l'1
Requested City Commissipn 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 December 18, 2007 December 3, 2007 (Noon) o February 19,2008 February 4,2008 (Noon)
r8J J an uary 2, 2008 December 17, 2007 (Noon) o March 4. 2008 February 19,2008 (Noon)
C)
o January IS, 2008 o March 18, 2008 '_1
December 31. 2007 (Noon) March 3,2008 (Noon) C::J .j
["1
() B'l
0 February S, 2008 January 14, 2008 (Noon) o April 1, 2008 March 17,2008 (Noon) _ '"J
,J
W ~
"""-J ,,-
--...
0 Armouncements/Presentations 0 City Manager's Report --
(,~,.)
NATURE OF 0 Administrative 0 New Business .. J
Ui 1
AGENDA ITEM 0 0 0 ','
Consent Agenda Legal '~J
0 0 - -
Code Compliance & Legal Settlements Unfmished Business
r8J Public Hearing 0
RECOMMENDATION: Please place this request on the January 2,2008 City Commission Agenda under
Public Hearing. The Community Redevelopment Agency Board on December 11, 2007, recommended that the request be
approved. For further details pertaining to this request, see attached Department Memorandum No. 07-120.
EXPLANATION:
PROJECT: B.A.P.S. Temple (MSPM 07-005)
AGENT: Bharat R. Patel
OWNERS: RA.P.S. Swaminaravan Mandr Temple
LOCATION: SE 18th Avenue; west of S. Federal Highway, jus south of the Sunshine Square shopping
center
DESCRIPTION: Request for a major site plan modification for the construction of a 23,761 square foot
addition to an existing 8,050 square foot temple.
PROGRAM IMP ACT: N/A
FISCAL IMP ACT: N/A
AL TERNATIVES: N/A
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City Manager's Signature
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 07-120
STAFF REPORT
TO: Chairman and Members
Community Redevelopfhent Agency Board and City Commission
" ) i./
THRU: Michael Rumpf Lv l '
Planning and Zoning Director
FROM: Gabriel Wuebben ~~
Planner
DATE: October 24, 2007
PROJECT NAME/NO: BAPS Swaminarayan Mandir Temple / MSPM 07-005
REQUEST: Major Site Plan Modification
PROJECT DESCRIPTION
Applicant/ Agent: Bharat R. Patel
Location: On SE 18th Avenue, west of S. Federal Highway and just south of the
Sunshine Square shopping center (see Location Map - Exhibit "A'')
Existing Land Use: Local Retail Commercial (LRC) and High Density Residential (HDR)
Existing Zoning: Community Commercial (C3) and Multi-family Residential (R3)
Proposed Use: 23,761 square foot addition to existing temple
Acreage: 4.14 acres (180,390 square feet)
Adjacent Uses:
North: Right-of-way for SE 18th Street, then farther north developed commercial
(Sunshine Square) with a Mixed-use (MX) land use classification, zoned
Mixed-use Low 3 (MU-L);
South: Developed assisted living residence with a Local Retail Commercial (LRC)
land use classification, zoned Community Commercial (C3), and farther
south developed residential with a High Density Residential land use
classification, zoned Multi-family residential (R3);
East: Developed municipal fire station with a Local Retail Commercial (LRC)
land use classification, zoned Community Commercial (C3); and
West: Right-of-way for F.E.C., then farther west is developed municipal water
treatment facilities with a Public & Private Government/Institutional
(PPGI) land use designation, zoned Public Usage (PU).
Staff Report - BAPS Swaminarayan Mandir Temple (MSPM 07-005)
Memorandum No PZ 07-120
Page 2
PROPERTY OWNER NOTIFICATION
Owners of properties within 400 feet of the subject major site plan modification shall be mailed a
notice of this request and its respective hearing dates. The applicant shall certify that they posted
signage and mailed notices in accordance with Ordinance No. 04-007 (See Exhibit "c" - Conditions of
Approval).
BACKGROUND
Proposal: Mr. Bharat R. Patel is requesting major site plan modification approval for the
construction of a 23,761 square foot addition to an existing 8,050 square foot
temple originally approved December 21, 1999, for a total of 31,811 square feet.
The proposed expansion would consist of a large kitchen, an assembly hall with a
stage, restrooms, and assorted offices and classrooms on both the first and second
floors.
ANALYSIS
Concurrency:
Traffic: A traffic statement for this project was submitted and sent to the Palm Beach
County Traffic Division for their review and approval. No building permits will be
issued until receipt of concurrency approval from Palm Beach County (see Exhibit
"c" - Conditions of Approval).
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 (see Exhibit "C" - Conditions of Approval).
School: School concurrency is not required for this type of project.
Driveways: This project has two (2) existing two-way driveway openings on SE 18th Street.
The proposed addition excludes any modification to project circulation or driveways.
Parking Facility: Required parking calculations for the temple are based on the following ratios: For
the existing structure, fifty (50) spaces are required per the original site plan
approval. For the proposed expansion, one hundred and five (105) parking spaces
are required for the 10,525 square feet of sanctuary space (1 space per 100 square
feet); twenty-five (25) parking spaces are required for the 5,025 square feet of
general area (restrooms, offices, etc.) (1 space per 200 square feet); and fourteen
(14) spaces are required for the seven thousand one hundred and eighty-four
(7,184) square feet of classroom space (1 space per 500 square feet). The
proposed addition, therefore, will require a total of one hundred forty-four (144)
parking spaces, and in addition to the existing use, the entire project is to proVide
one hundred and ninety-four (194) parking spaces. The site plan (sheet AE.I01)
indicates that there are two hundred and three (203) existing parking spaces on-
site, an excess of nine (9) spaces. No new parking spaces are proposed.
Landscaping: The site plan tabular data (sheet AE.101) indicates that the size of the proposed
Staff Report - BAPS Swaminarayan Mandir Temple (MSPM 07-005)
Memorandum No PZ 07-120
Page 3
open space or "pervious" area would be 1.21 acres, or 30.5% of the site. The
landscape plan (sheet Ll) shows that two Mango trees and one Black Olive tree
would have to be removed as a result of the proposed expansion. Otherwise, only
grass would be removed in order to accommodate the proposed expansion.
The majority of the site will remain as-is with respect to landscape material. The
property line fronting SE 18th Street will be enhanced with the addition of four
signature trees (Tibuchina Granulosa), one on each side of the two entrances. The
existing parking area to the south of the property will be improved with the
addition of several Live Oaks. The majority of landscape enhancements will be
concentrated around the proposed expansion. Overall, new plant material would
include the following species: 10 Dahoon Holly's, 16 Live Oaks, 19 Sabal Palms, 2
Montgomery Palms, and four (4) Tibouchina granulsola trees. The proposed
expansion will be appropriately landscaped with foundation plantings and the
majority of the above-mentioned trees. The site will also benefit from the creation
of a large, heavily landscaped outdoor garden/courtyard. Accent tree, shrub, and
groundcover species include, but are not limited to cocoplum, mound duranta,
crown-of-thorns, firebush, and ixora nora grant.
Building and Site: The proposed building addition was planned when the temple was first approved
December 21, 1999. This major site plan modification now represents the
proposed expansion. The building and site design as proposed would generally
meet code requirements when staff comments are incorporated into the permit
drawings. The temple would be a total of 31,811 square feet upon completion of
the building addition. The site plan illustrates the uses and varying room sizes
inside the building, which will include an assembly hall (with a stage), a kitchen,
storage rooms, restrooms, and miscellaneous offices and classrooms.
The existing structure has a roofline consisting of a parapet 24' in height
accentuated by two towers 35' 5" in height. The proposed expansion would have a
parapet 34' in height. The proposed development would include the construction
of various awnings and a pedestrian arcade, all decorated with detailed stone and
woodwork, ornamental balustrades, and columns. Even windows on the proposed
expansion would be detailed with decorative awnings and other features.
The proposed structure would include reduced setback on two sides of the existing
building. To the east and north, the building would retain its existing setbacks of
97' and 45/ respectively. As a result of the proposed development, however, the
southern and western setbacks would be reduced to 124'-7" and 20', respectively.
These setbacks still satisfy the requirements for the C-3, Community Commercial
zoning district (20' front/east, 20' rear/west, 15' Side/north & south).
Design: The existing temple building is constructed of concrete block and a smooth stucco
finish, and the proposed expansion will continue this construction. The building's
architecture consists of Mediterranean influences as well as Indian details. The
roof is made of traditional terra cotta "s"-tile roofing tiles. The entrances consist of
elaborate canopies and verandas. The proposed expansion will provide access to a
large entranceway and the main assembly area behind a large, open-air
garden/courtyard. Although the design is different from the neighboring
Staff Report - BAPS Swaminarayan Mandir Temple (MSPM 07-005)
Memorandum No PZ 07-120
Page 4
commercial development and nearby residential development of the PUD, it is not
incompatible and has limited visibility from Federal Highway.
Signage: Existing signage (raised lettering on the entranceway's gateposts) is minimal. The
proposed expansion plans do not involve changes in the existing signage.
Public Art: The original site plan approval occurred prior to the adoption of Ordinance 05-060
(December 21, 1999), and was therefore not subject to the Art in Public Places
requirement. However, this subsequent request for a major site plan modification
is subject to Ordinance 05-006, and therefore will contribute to the Art in Public
Places program (see Exhibit "C" - Conditions of Approval).
RECOMMENDATION:
The Technical Advisory Review Team (TART) has reviewed this request for major site plan modification
and is recommending approval contingent upon satisfying all comments indicated in Exhibit "C" -
Conditions of Approval. Any additional conditions recommended by the eRA Board or City Commission
shall be documented accordingly in the Conditions of Approval.
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EXHBIT "C"
Conditions of Approval
Project name: B.A.P.S. Temple
File number: MSPM 07-005
Reference: 2nd review plans identified as a Major Site Plan Modification with an October 23,2007 Planning &
Zoning date stamp marking.
,
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - Solid Waste
Comments:
1. Prior to permit application contact the Public Works Department (561-742- X
6200) regarding the storage and handling of refuse per the CODE, Section
10-26 (a).
PUBLIC WORKS - Forestry
Comments: NONE X
PUBLIC WORKS-Traffic
Comments: NONE X
ENGINEERING
Comments:
2. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the Technical Advisory Review
Team (TART) process does not ensure that additional comments may not be
generated by the Commission and at permit review.
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 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.
5. 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.
BAPS Temple COA
12/07/07
2
I II
DEPARTMENTS INCLUDE REJECT
FIRE
Comments:
6. Provide Hydraulic calculations for the required sprinkler system and the fire X
hydrant demand.
POLICE
--
Comments: NONE X
BUILDING DIVISION
Comments: I I
7. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TART (Technical Advisory
Review Team) process does not ensure that additional comments may not be
generated by the commission and at permit review.
"--
8. Indicate within the site data the occupancy type of the building as defined in X
2004 FBC, Chapter 3. The building shall be defined as "A-3" on the plan. I i
i
I
9. Buildings, structures and parts thereof shall be designed to withstand the X i
minimum wind loads of 140 mph. Wind forces on every building or structure
shall be determined by the provisions of ASCE 7, Chapter 6, and the
provisions of 2004 FBC, Section 1609 (Wind Loads). Calculations that are
signed and sealed by a design professional registered in the state of Florida
shall be submitted for review at the time of permit application.
10. Add to all plan view drawings of the site a labeled symbol that represents the X -1
location and perimeter of the limits of construction proposed with the subject I
I
request. I i
i
11. At time of permit review, submit signed and sealed working drawings of the X : !
proposed construction. i
i
----
12. 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 numberls must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans. I
C The number of dwelling units in each building.
D The number of bedrooms in each dwelling unit. I
E The total amount paid and itemized into how much is for water and how Ii
much is for sewer. ____J
(CBBCO, Chapter 26, Article II, Sections 26-34) I I
BAPS Temple COA
12/07/07
3
DEPARTMENTS INCLUDE REJECT
13. 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.
14. 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
by the City Commission.
15. The full address of the project shall be submitted with the construction X
documents at the time of permit application submittal. The addressing plan
shall be approved by the United States Post Office, the City of Boynton
Beach Fire Department, the City's GIS Division, and the Palm Beach County
Emergency 911.
A Palm Beach County Planning, Zoning & Building Division, 100
Australian A venue, West Palm Beach, Florida (Sean McDonald - 561-
233-5013)
B United States Post Office, Boynton Beach (Michelle Bullard - 561-734-
0872)
16. This structure meets the definition ofa threshold building per F.S. 553.71(7) X
and shall comply with the requirements ofF.S. 553.79 and the CBBA to the
2004 FBC, Sections 109.3.6.1 through 109.3.6.6.
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.
PARKS AND RECREATION
Comments:
17. Plant list should indicate which species are native and the overall percentage X
of native material. Minimum of 50% native.
FORESTER/ENVIRONMENT ALIST
BAPS Temple COA
12/07/07
4
I II
DEPARTMENTS INCLUDE REJECT
Comments:
Existine Trees Manaeement Plan X
Sheet L 1 t
I
18. The Landscape Architect should tabulate the total diameter inches of existing
trees on the site. The tabular data should show the individual species of trees
proposed to be preserved in place, relocated or removed and replaced on site.
The replacement trees should be shown by a separate symbol on the
landscape plan sheet L-l. [Environmental Regulations, Chapter 7.5, Article I
Sec. 7.D.p. 2.]
--
Plant List Sheet L-l X
19. The shade tree planting detail should including a line indicating where the
diameter and height of all of the trees will be measured at time of planting
and inspection.
PLANNING AND ZONING --
Comments:
21. Provide a colored elevation drawing (clipped, not glued) which accurately X
represents future coloring of the proposed project. ,
I i
I
t
22. It is the applicant's responsibility to ensure that the Major Site Plan X I
Modification is publicly advertised in accordance with Ordinance 04-007. I
23. No building permits will be issued until receipt of concurrency approval from X I
Palm Beach County I ,I
I ~I
24. The applicant is responsible for compliance with Ordinance 05-060, the "Art I X
is Public Places' program, and must demonstrate their participation. -J
i
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD \ Ii
CONDITIONS ,
I Ii
------
Comments: I
I ----
None X I
I ------
ADDITIONAL CITY COMMISSION CONDITIONS i
--
Comments: I
To be determined. I
MWRlsc
S:\Planning\SHARED\WP\PROJECTS\BAPS TEMPLE CHURCH\MSPM 07-005\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: BAPS Temple
APPLICANT'S AGENT: Bharat R. Patel
APPLICANT'S ADDRESS: 541 SE 18th Avenue, Boynton Beach, FL
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 2,2008
TYPE OF RELIEF SOUGHT: Request for a major site plan modification approval for the
construction of a 23,761 square foot addition to an existing
8,050 square foot temple.
LOCATION OF PROPERTY: On SE 18th Avenue, west of S. Federal Highway and just south of the
Sunshine Square shopping center
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, 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\BAPS TEMPLE CHURCH\MSPM 07-005\BAPS MSPM DO.doc
. VIII.-PUBLIC HEARING
ITEM H.
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 December 18, 2007 December 3,2007 (Noon) D February 19,2008 February 4,2008 (Noon)
k8J January 2, 2008 December 17, 2007 (Noon) D March 4, 2008 February 19, 2008 (Noon)
r~
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D ~, ,!
D January 15,2008 December 31, 2007 (Noon) March 18, 2008 March 3, 2008 (Noon) r'-'j
r..:.....
I 1
C"j
D February 5, 2008 January 14, 2008 (Noon) D April I, 2008 March 17,2008 (Noon) -
W
-",
..
D Announcements/Presentations D City Manager's Report 0" ___
('
NATURE OF D Administrative D New Business c.-;
AGENDA ITEM D Consent Agenda D Legal 0
D D -."-
Code Cornpliance & Legal Settlements Unfinished Business
k8J Public Hearing D
RECOMMENDATION: Please place this request on the January 2,2008 City Commission Agenda under
Public Hearing. The Community Redevelopment Agency Board on December 11, 2007, recommended that the request be
approved. For further details pertaining to this request, see attached Department Memorandum No. 07-131.
EXPLANATION:
PROJECT: Baywalk (NWSP 08-001)
AGENT: Carlos J. Ballbe, Development Consulting Group, Inc.
OWNERS: Southern Homes of Palm Beach V, LLC
LOCATION: 3103 North Federal Highway; west side of Federal Highway, approximately 1/8 mile
south of Old Dixie Highway r)
DESCRIPTION: Request for new site plan approval for 40 condominium units and related site :::--:-. '\
improvements on a 2.26-acre parcel in an IPUD zoning district. :
'I
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PROGRAM IMP ACT: N/A ---~.~
FISCAL IMP ACT: N/A C,)
ALTERNATIVES: N/A -
~J.~ (X) l
- -,-
- -
Develo City Manager's Signature
Assistant to City Manager
Planning and Zonin ector City Attorney I Finance
S :\Planning\SHARED\ WP\PROJECT Southern Homes of Palm Beach\Baywalk (tka Oceanside )\NWSP 08-00 I \Agenda Item Baywalk NWSP 08-00 I 1-2-
08.doc -
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 07-131
STAFF REPORT
TO: Chair and Members
Community Redevel?J1ment Agency Board and City Commission
o I V
THRU: Michael Rumpf/,JL~ -
Planning and toning Director
FROM: Kathleen Zeitler fa
Planner
DATE: December 3, 2007
PROJECT NAME/NO: Baywalk / NWSP 08-001
REQUEST: New Site Plan
PROJECT DESCRIPTION
Property Owner: Southern Homes of Palm Beach V, LLC
Applicant: Mr. Hector Garcia, Southern Homes of Palm Beach V, LLC
Agent: Mr. Carlos J. Ballbe', Development Consulting Group, Inc.
Location: 3103 North Federal Highway; west side of Federal Highway,
approximately 1/8 mile south of Old Dixie Highway (see Location Map -
Exhibit "A'')
Existing Land Use: Special High Density Residential (SHDR - 20 dujac)
Existing Zoning: Infill Planned Unit Development (IPUD - 20 du/ac)
Proposed Land Use: No change
Proposed Zoning: No change
Proposed Use: 40 condominium units
Acreage: 98,446 square feet (2.26 acres)
Adjacent Uses:
North: Developed commercial property (self-storage facility) zoned Community
Commercial (C-3);
South: Vacant property designated Special High Density Residential (SHDR) and
zoned Planned Unit Development (PUD) for an approved development of
121 townhomes on 7.4 acres (forthcoming Palm Cove project);
Staff Report - Baywalk (NWSP 08-001)
Memorandum No PZ 07-131
Page 2
East: Right-of-way for Federal Highway, then farther east, property designated
Special High Density Residential (SHDR) and zoned Infill Planned Unit
Development (IPUD) (Waterside development of 113 townhomes on 7.3
acres);
West: Developed residential property located in unincorporated Palm Beach
County with a Commercial High (CH/S) land use classification, zoned
Residential Multi-family (RM).
Site: The subject property is a 2.26 acre lot located on the west side of Federal Highway,
approximately 650 feet south of Old Dixie Highway. In 2004, the property was approved
for Southern Homes' proposed Oceanside townhouse project, which has expired.
Currently, a modular structure serving as a temporary sales office for Southern Homes of
Palm Beach is located on the subject property. The 3,200 square foot temporary office is
currently used as the "home base" for the applicant's multiple residential projects (i.e.
Murano Bay, Coastal Bay Colony, Bayfront, and Waterside) constructed in the City of
Boynton Beach. In addition to the sales office and related parking areas, the survey shows
the site contains Cabbage Palm, slash pine, and some unidentified trees. The eastern
portion of the site has been developed while the western portion remains undeveloped with
native and exotic vegetation. A billboard is located at the southeast corner of the property,
and will be removed in conjunction with the development of the condominiums (see Exhibit
"c" - Conditions of Approval).
BACKGROUND
Proposal: On October 3, 2006 Southern Homes' Baywalk project received new site plan approval
(NWSP 06-017) for development of the subject property. The approved Baywalk project
consisted of a total of 40 proposed condominium townhouse units in five (5) structures,
each containing two (2) stories. The approved site plan was valid for a period of one (1)
year from the date of approval, unless a building permit was issued prior to site plan
expiration, or unless awarded a time extension. Due to the change in the residential
market, the developer chose not to obtain a building permit. After determining what
product would be best in today's market, the developer is requesting new site plan
approval for the subject property which includes a number of changes from the previously
approved site plan for Baywalk.
The developer previously received approval for a: (1) land use amendment (LUAR 04-003)
from Local Retail Commercial (LRC) to Special High Density Residential (SHDR) and
rezoning (LUAR 04-003) from Community Commercial (C-3) to Infill Planned Unit
Development (IPUD). The maximum density allowed by the Special High Density
Residential (SHDR) land use classification is 20 dwelling units per acre, which would allow
the developer a maximum of 4S units on this 2.26-acre site. A total of 40 units are
proposed at a lesser density of 17.7 dwelling units per acre. If the project is to be
constructed in one (1) phase, a site plan may take the place of the required IPUD master
plan, as is requested in this case.
Staff Report - Baywalk (NWSP 08-001)
Memorandum No PZ 07-131
Page 3
ANALYSIS
Concurrency:
Traffic: The Palm Beach County Traffic Division determined that the previously proposed Baywalk
project is located within the Coastal Residential Exception Area, and therefore meets the
Traffic Performance Standards of Palm Beach County. No building permits are to be issued
by the city, after the 2008 build-out date. The new site plan proposes a total of 40
townhouse units, which is the same number and type of units previously approved.
Therefore, the project should continue to meet the traffic concurrency requirements,
ensuring an adequate level of service. However, a revised traffic impact analysis and
approval from the Palm Beach County Traffic Engineering Division is required to update the
build-out date (see Exhibit "C" - Conditions of Approval). The County traffic concurrency
approval is subject to the Project Aggregation Rules set forth in the Traffic Performance
Standards Ordinance.
School: The School District of Palm Beach County reviewed the previous Baywalk project
application and determined that adequate capacity exists to accommodate the projected
resident population based on a total of 40 units. A revised concurrency determination from
the Palm Beach County School District, which approves the project for school concurrency
purposes, is required prior to permitting (see Exhibit "c" - Conditions of Approval).
Utilities: The project is expected to require approximately 17,200 gallons of water per day. The
City's water capacity, as increased through the purchase of up to 5 million gallons of
potable water per day from Palm Beach County Utilities, would meet the projected potable
water needs for this project. The expected demand for sanitary sewer would be
approximately 7,740 gallons per day. Sufficient sanitary sewer and wastewater treatment
capacity is currently available to serve this project, subject to the applicant making a firm
reservation of capacity, following approval of the modified site plan (see Exhibit "c" -
Conditions of Approval).
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).
Police/Fire: Staff reviewed the site plan and determined that current staffing levels would be sufficient
to meet the expected demand for services.
Access: The project proposes one (1) point of ingress to the subject site, located on Federal
Highway. This point of access would be two (2) lanes that total 25 feet in width and allow
for right-turn-only ingress. A gated entry is located 80 feet from the project entrance to
provide for sufficient and safe vehicular stacking. However, the call box is proposed only
30 feet from the project entrance (50 feet east of the gate) and is required to be relocated
at least 50 feet from the project entrance to provide stacking for a minimum of three (3)
vehicles (see Exhibit "c" - Conditions of Approval). An entry gate is also proposed
between Building 1 and Building 18 for residents of those buildings to access their garages.
Staff Report - Baywalk (NWSP 08-001)
Memorandum No PZ 07-131
Page 4
The project proposes one (1) point of egress from the subject site, located south of the
project entrance on Federal Highway. This point of access would be one (1) lane IS feet in
width and allow for right-turn-only egress.
Circulation: Vehicular circulation will be provided primarily by a two (2) lane main street that transitions
into a two (2) lane circular drive around the west portion of the development. In addition,
four (4) side streets will provide two (2)-way circulation for buildings located on each side
of the main street. A sufficient circulation area for vehicles that abort access is provided at
the entrance to accommodate the maneuvering necessary to exit the development.
Pedestrian circulation will be provided through a series of connected paver brick walkways
and cross-walks located throughout the development.
Streets: Per the IPUD zoning district regulations, privately-owned streets providing secondary
vehicular circulation internal to the IPUD may be considered for approval with right-of-way
and pavement widths less than the minimum PUD requirement of 40 feet, however in no
case shall health, safety, or welfare be jeopardized. The proposed plans have been
reviewed by the Engineering Division for compliance with City standards for an IPUD
project, including internal street width, utilities within those streets, vehicular access and
circulation for large vehicles providing city services such as solid waste pickup, and safe
sight distances. The Engineering Division has determined that the street width is
acceptable and the plan is in compliance with the City's requirements.
According to the site plan details, the main two-way street internal to the development
would be a total of 24 feet in width, and the two-way side streets would be a total of 20
feet in width. A combination of 90-degree parking stalls, angled parking, and parallel
parking stalls will be accessible from the main street / circular drive. The streets, parking
spaces, driveways, and sidewalks would all be common areas; only the residential units
would be individually owned.
Parking: The project proposes a total of 40 units (2 and 3 bedrooms) with a community pool and
pool house. Two (2) and three (3) bedroom dwelling units require two (2) parking spaces
per unit. The plans show that 38 units would have a 2-car garage and two (2) units would
have a 2-car porch (carport) to satisfy the minimum parking requirement of two (2) spaces
per unit. The pool amenity area requires a mix of five (5) spaces. The development would
have a total of six (6) parking spaces provided by the pool house, with one (1) of the
spaces designated for handicapped use. In addition, a total of 11 on-street parking spaces
would be located throughout the development for guest parking. A minimum of 8S
parking spaces are required for the proposed development, and a total of 97 spaces (12
extra) will be provided. Prior to permitting, the site plan and the Condominium Association
documents must be revised to note that all visitors shall utilize designated guest parking
spaces throughout the development, and no parking shall be allowed in streets, sidewalks,
or in front of garages (see Exhibit "c" - Conditions of Approval).
All proposed parking stalls, including the size and location of the handicap space, were
reviewed and approved by both the Engineering Division and Building Division. In addition,
all necessary traffic control signage and pavement markings will be provided to clearly
delineate areas on site.
Staff Report - Baywalk (NWSP 08-001 )
Memorandum No PZ 07-131
Page 5
Landscape: According to the site plan tabular data (sheet SP2 of 2), the proposed pervious area would
total 0.60 acres or 26.52% of the site. The proposed landscaping exceeds minimum code
requirements and provides a complimentary mix of canopy and palm trees such as Live
Oak, Pigeon Plum, Italian Cypress, Dahoon Holly, Royal Palm, Canary Island Date Palm,
and Sabal Palm. All trees would be the required minimum of 12 feet in height at time of
planting. All areas located outside the building footprint would be under the control of the
Condominium Owners' Association to ensure proper maintenance of common areas.
The landscape code requires that 50% or more of the plant material be native species. The
plant list (sheet P-l) indicates the landscape plan would provide a total of 166 canopy
trees, of which 88 (or 53%) would be native species. The plant list indicates that 42 (or
SO%) of the as palm trees would be native species. Also, the landscape plan indicates a
total of 2,S04 shrubs, of which 1,275 (or Sl%) would be native, and a total of 2,105
groundcovers of which 1,141 (or S4%) would be native species. The landscape plan notes
indicate that non-potable well water will be used as the source of irrigation for the project.
The site plan (sheet SPl of 2) shows that perimeter landscape buffers five (S) feet in width
are proposed along the north, south, and west property lines. The landscape plan (sheet
P-l) shows Green Buttonwood and Boston Fern hedges, and a combination of Live Oak,
Pigeon Plum, Pitch Apple, and Brazilian Beautyleaf trees are proposed within the north
(side) landscape buffer. The south (side) landscape buffer would contain a mix of hedges
and trees of similar plant material. The west (rear) landscape buffer would contain
Dahoon Holly, Sabal Palms, Live Oak, and Pitch Apple trees, and similar hedges. Hedges
within buffers are intended to form a continuous, solid visual screen as noted on sheet P-l.
The east landscape buffer would be 12 feet in width and contain more landscape material
than the other buffers because it is adjacent to Federal Highway. This buffer would
include the following: Royal Palms, Italian Cypress, Pink Trumpet Trees, Dahoon Holly,
Chinese Fan Palms, Ixora, Dwarf Bouganvillea, Purple Glory Bush, and seasonal annuals.
Landscaping interior to the development would consist of a mix of similar plant material
proposed for the perimeter buffers.
According to the landscape plan, a six (6) foot masonry buffer wall would be placed along
the perimeter side and rear property lines of the subject property. The adjacent Palm Cove
PUD to the south is also required to have a privacy wall, and the applicant will take
measures to share their wall, rather than duplicate it (see Exhibit "c" - Conditions of
Approval).
A decorative metal fence would be located to the front of Buildings 1 and 2 along Federal
Highway. The fence will be a brown aluminum rail picket fence approximately four (4)
feet in height with decorative masonry columns. Each unit adjacent to Federal Highway
would have a walkway for pedestrian access from the front of each unit to individual gates
leading to the sidewalk along Federal Highway, to allow for pedestrians to engage the
street.
Buildings: The 40 dwelling units are proposed within 18 separate buildings on the 2.26-acre site. The
plan proposes a mix of two (2) and three (3) bedroom units. Each of the buildings would
contain a mix of the eight (8) unit types proposed. According to the building data on the
site plan (sheet SP-2), the smallest unit (model A) would be 951 square feet of air-
Staff Report - Baywalk (NWSP 08-001)
Memorandum No PZ 07-131
Page 6
conditioned area and the largest unit (model E-2) would be 1,393 square feet of air
conditioned area. The proposed units are condominium-style ownership, with all areas
other than the individually-owned unit considered to be common areas.
Height: The maximum height of buildings in the IPUD zoning district is 4S feet, and all proposed
structures comply. Building elevations indicate the tallest two (2)-story units would have a
building height of 23 feet - nine (9) inches as measured at the mean roof height for
pitched roofs. The one-story poolhouse elevation on sheet A-3 indicates a building height
of 21 feet - three (3) inches at mean roof height. An arched entry feature is proposed
with decorative stone that spans from Building 1 to Building 2. The arched entry feature
would have a clearance of approximately 16 feet. Butresses on each side support the arch
and also serve as small collonades which provide covered pedestrian walkways into the
development. The elevation of the colonnade on sheet A-2 indicates a building height of
31 feet - eight (8) inches at mean roof height.
Setbacks: The IPUD zoning district has no specific minimum building setback requirements, except
that "perimeter setbacks shall mirror setbacks of adjacent zoning district(s) but with a
minimum of the setback required for a single-family residence, as determined by the
orientation of structures in the IPUD". The proposed perimeter setbacks are consistent
with other similar developments along the Federal Highway Corridor. On the site plan
tabular data, the minimum setbacks are shown as follows: front (east property line) -10
feet, rear (west property line) - 28 feet, and sides (north and south property lines) - 28
feet and five (5) feet. The proposed setbacks are intended as minimum dimensions to be
exceeded where possible. The buildings shall not encroach into the self-imposed minimum
required setbacks. Staff concurs with this scenario and notes that the setback table shown
on sheet SP2 of 2 regulates the project's minimum required building setbacks. These
building setbacks have been provided for compatibility purposes, and mirror adjacent
residential development to the west. The perimeter setbacks are intended to
accommodate a buffer wall, required buffer landscaping, and outdoor air conditioning
equipment, as well as to provide some common area for the enjoyment of the residents.
Amenity: The IPUD zoning district requires usable open space to be provided at a minimum of 200
square feet per dwelling unit. The site plan (sheet SP2 of 2) indicates a total of 8,000
square feet (40 x 200) is required, and 11,617 square feet (or 290 square feet per dwelling
unit) of usable open space is provided. However, the plan incorrectly includes as usable
open space the area within the fenced front yards of Buildings 1 and 2, and must be
revised prior to permitting (see Exhibit "C" - Conditions of Approval).
The recreation amenity area would include a swimming pool and a pool house building with
restrooms, and a covered terrace for the use of the residents and their guests. Sheet A-3
indicates the one-story poolhouse building of SS4 square feet is designed to match the
architecture and building materials throughout the development. A bike rack, drinking
fountain, and mail kiosk would be located at the poolhouse. A decorative paver deck and
fencing would surround the pool. The fencing would be consistent with the brown
aluminum rail fencing proposed along Federal Highway in front of Buildings 1 and 2.
Patios: Concrete patios (slab only) would be located to the side or rear of some units. The tabular
data on sheet SP2 of 2 indicates that these patios would be set back a minimum of five (5)
Staff Report - Baywalk (NWSP 08-001)
Memorandum No PZ 07-131
Page 7
feet from the perimeter property lines. Many units would have covered front porches and
walkways connecting buildings to sidewalks throughout the development. The site plan
notes on sheet SP2 of 2 indicate that the Condominium Owners' Association will not allow
individual pools or additions to the units, and also notes that no patios or balconies are
allowed to be modified (screened, enclosed, etc). Any such proposal in the future would
require a master plan modification.
Design: The proposed buildings and pool house resemble a rustic Mediterranean design with
Spanish "s" tile roof (Arizona Clay). The exterior walls of all the buildings would have a
light textured stucco finish with multiple color options. All buildings walls would be earth
colors and include Sherwin Williams paints named Biscuit (SW 6112), Decorous Amber (SW
0007), Totally (SW 611S), Kilim Beige (SW 6106), Softened Green (SW 6177), and
Interactive Cream (SW 6113). Doors, shutters, brackets, and fascia would be
complementary colors and include Sherwin Williams paints named Canyon Clay (SW 6054),
Black Bean (SW 6006), Urbane Bronze (SW 7048), Otter (SW 6041), Tea Chest (SW 6103),
and Sage Green Light (SW 2851). All trims on the buildings would coordinate with the
above colors and include Sherwin Williams paints named Argos (SW 7065), Navajo White
(SW 6126), Nacre (SW 6154), Latte (SW 6108), Wool Skein (SW 6148), and Biscuit (SW
6112).
The neutral color palette proposed will be harmonious throughout the development and
with surrounding developments. All buildings would be architecturally enhanced with
balconets having decorative aluminum railings, picturesque fenestration with windows of
varying sizes and shapes, recessed entries, and porticos. All accent features such as
wooden shutters, decorative medallions, stucco walls, carved stone, clay roof tiles, and
raised trim present a higher quality of architectural design and materials.
Lighting: The plans propose one (1) type of outdoor freestanding lighting fixture. The photometric
plan (sheet PHl of 1) indicates a total of 41 freestanding lights are proposed. The
freestanding fixtures would light walkways, common areas and landscaped areas
throughout the development. The light detail shows that the round fiberglass light pole
would be 17 feet in height. The color of the pole and light fixture would be black. All
proposed lighting will be shielded to direct light down / away from adjacent properties and
rights-of-way.
Signage: The conceptual entrance elevation (sheet L-2) shows that a project identification sign
would be located at each access point and set back approximately 20 feet. The sign walls
will be painted the same or similar to the building colors, and include uplighting and
surrounding landscaping. The entry sign elevation on sheet A-2 indicates the project signs
will be on six (6) foot masonry walls, but lacks some of the details such as sign face area,
materials, font, and color. These items will need to be finalized and approved by staff prior
to permitting (see Exhibit "c" - Conditions of Approval).
Public Art: An open space is proposed to exhibit public art along Federal Highway in compliance with
the Art in Public Places ordinance. A custom carved stone sculpture atop a carved stone
fountain would be located in the gateway entrance and enhance the ambiance of the
proposed development. Per the fountain detail (sheet L-l), the fountain and sculpture
would be approximately nine (9) feet in height. The fountain area would include
Staff Report - Baywalk (NWSP 08-001)
Memorandum No PZ 07-131
Page 8
landscaping, lighting, and benches. Ultimate review and approval of the artist and type of
artwork is still pending by the Arts Commission.
Workforce
Housing: The Baywalk project is subject to the City's newly adopted workforce housing ordinance.
According to Ordinance 07-007, developments that have been previously approved for a
change in land use to Special High Density Residential and whose site plan has expired
must provide workforce housing units. This Ordinance requires a set aside of twenty
percent (20%) of the total number of proposed residential units in the development for
workforce housing. Twenty-five percent (2S%) of these units shall be set aside for Low
Income Households, and seventy-five percent (7S%) shall be set aside for Moderate
Income Households, as defined by Ordinance 07-007. With a total of 40 units proposed,
the number of workforce housing units required would be eight (8) units, with two (2) of
those units designated for low-income (see Exhibit "c" - Conditions of Approval).
SUMMARY:
The Infill Planned Unit Development district standards and regulations were created for the purpose of
allowing flexibility to accommodate infill and redevelopment on parcels less than five (S) acres in size. The
IPUD zoning district regulations state the following: "It is a basic publiC expectation that landowners
requesting the use of the IPUD district will develop design standards that exceed the standards of 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, will be
dependent on how well the above stated planning expectations are expressed in the proposed
development plan." The site/master plan design standards exceed the basic development standards for
conventional residential zoning districts in terms of site design, building architecture, amenities, and
landscape design.
RECOMMENDATION:
Staff has reviewed this request for New Site Plan and is recommending approval of the plans presented. If
this request is approved, it is contingent upon satisfying all comments indicated in Exhibit "c" - Conditions
of Approval. Any additional conditions recommended by the Board or approved by the City Commission
shall be documented accordingly in the Conditions of Approval.
S:\Planning\SHARED\WP\PROJEcrS\Southem Homes of Palm Beach\Baywalk\NWSP OB-001\Staff Report.doc
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ENTRY FEATURE
lTIlTIDD BAYWALK ""'"" ;:-~ Cl- '-'
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EXHIBIT "C"
CONDITIONS OF APPROVAL
New Site Plan
Project name: Baywalk
File number: NWSP 08-001
Reference: 2nd review plans identified as a New Site Plan with a November 20,2007 Planning and Zoning
Department date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - Solid Waste !
Comments:
l. Prior to permit application contact the Public Works Department (561-742- X
6200) regarding the storage and handling of refuse per the CODE, Section
10-26 (a).
PUBLIC WORKS - Forestry ~~~~II
~
Comments:
2. It may be necessary to replace or relocate large canopy trees adjacent to light X -~I
fixtures to eliminate future shadowing on the parking surface (LDR, I
Chapter 23, Article II, Section A.l.b.)
3. Landscaping shall be designed and installed in accordance with FPL's X
"Plant the Right Tree in the Right Place."
PUBLIC WORKS-Traffic --~
,I
Comments: I
I
4. Provide a traffic analysis and notice of concurrency (Traffic Performance X I
Standards Review) from Palm Beach County Traffic Engineering; entering -~
& exiting Federal Highway.
5. The minimum right-of-way width for a PUD is forty (40) feet (LDR, X
Chapter 2.5, Section 9.F.), subject to modification of the right-of-way per
developer's November 19,' 2007 request. I
i
!
ENGINEERING
Comments:
--
6. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the Technical Advisory
Review Team (TART) process does not ensure that additional comments
may not be generated by the Commission and at permit review.
7. Upon satisfactory Commission approval of the site plan, the applicant shall X
enter the record plat process through the City's Engineering Division. A
preliminary record plat application may be initiated during the site plan
review to expedite issuance of the Land Development Permit.
Project name: Baywalk
File number: NWSP 08-001
2
, If
DEPARTMENTS INCLUDE REJECT
8. Full drainage plans, including drainage calculations, in accordance with the X
LDR, Chapter 6, Article IV, Section 5 and Section 10.Z will be required at
the time of permitting.
UTILITIES
Comments:
9. Please provide a timeline that clearly illustrates when water and sewer X
services will be required to serve the proposed project. Your starting date
for the timeline should be the date of City Commission approval. The table
shown as #9 on the Notes of the Water and Sewage Plan (Sheet WS 1 of 1)
is unrealistic. This timeline will be used to determine the adequacy of water
and wastewater treatment capacity for your project upon the project's
completion, so please be as accurate as possible.
10. All utility easements and utility lines shall be shown on the site plan and X
landscape plans (as well as the Water and Sewer Plans) so that we may
determine which appurtenances, trees or shrubbery may interfere with
utilities. In general, palm trees will be the only tree species allowed within
utility easements. Canopy trees may be planted outside of the easement so
that roots and branches will not impact those utilities within the easement in
the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18.1 gives
public utilities the authority to remove any trees that may interfere with
utility services, either in utility easements or public rights-of-way.
11. Palm Beach County Health Department permits will be required for the X
water and sewer systems serving this project (CODE, Section 26-12).
12. Fire flow calculations will be required demonstrating the City Code X
requirement of 1,500 g.p.m. (500 g.p.m. some residential developments)
with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV,
Section 16, or the requirement imposed by insurance underwriters,
whichever is greater (CODE, Section 26-16(b)).
13. The CODE, Section 26-34(E) requires that a capacity reservation fee be X
paid 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.
14. Comprehensive Plan Policy 3.C.3.4. requires the conservation of potable X
water. As other sources are readily available City water shall not be allowed
for irrigation.
15. Water and sewer lines to be owned and operated by the City shall be X
included within utility easements in accordance with the LDR, Chapter 6,
Article IV, Section 6. Please show all proposed easements on the
engineering drawings, using a minimum width of 12 feet. The easements
shall be dedicated via separate instrument to the City as stated in CODE
Sec. 26-33(e).
Project name: Baywalk
File number: NWSP 08-001
3
DEPARTMENTS INCLUDE REJECT
16. This office will not require surety for installation of the water and sewer X
utilities, on condition that the systems be fully completed, and given to the
City Utilities Department before the first permanent meter is set. Note that
setting of a permanent water meter is a prerequisite to obtaining the
Certificate of Occupancy.
17. PVC material not permitted on the City's water system. All lines shall be X
DIP.
18. Appropriate backflow preventer(s) will be required on the domestic water X
service to the building(s), and the fire sprinkler line if there are any, in
accordance with the CODE, Section 26-207.
FIRE
Comments: None X
POLICE
Comments: None X
BUILDING DIVISION ! i
i
I I
Comments:
19. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TART (Technical
Advisory Review Team) process does not ensure that additional comments
may not be generated by the commission and at permit review. i
20. At time of permit review, submit signed and sealed working drawings of the X i
proposed construction. I
21. 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. I
I :
22. If capital facility fees (water and sewer) are paid in advance to the City of i X !
Boynton Beach Utility Department, the following information shall be
provided at the time of building permit application:
. The full name of the project as it appears on the Development Order and the
Commission-approved site plan. i
. If the project is a multi-family project, the building numberls must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
. The number of dwelling units in each building.
· The number of bedrooms in each dwelling unit. II
· The total amount paid and itemized into how much is for water and how I
Project name: Baywalk
File number: NWSP 08-001
4
, II
DEP ARTMENTS INCLUDE REJECT
much is for sewer.
(CBBCO, Chapter 26, Article II, Sections 26-34)
23. At the time of permit review, submit separate surveys of each lot, parcel, or X
tract. 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.
24. 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 legal description of the land.
. The full name ofthe project as it appears on the Development Order and the
Commission-approved site plan.
. If the project is a multi-family project, the building number/s must be
provided. The building number/s must be the same as noted on the
Commission-approved site plans.
. The number of dwelling units in each building.
. The total amount being paid.
(CBBCO, Chapter 1, Article V, Section 3(f))
25. 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 by the City Commission.
26. The full address of the project shall be submitted with the construction X
documents at the time of permit application submittal. The addressing plan
shall be approved by the United States Post Office, the City of Boynton
Beach Fire Department, the City of Boynton Beach Department of
Engineering, the City's GIS Division, and the Palm Beach County
Emergency 911.
. Palm Beach County Planning, Zoning & Building Division, 100 Australian
Avenue, West Palm Beach, Florida (Sean McDonald-56 1-233-5013).
. United States Post Office, Boynton Beach (Michelle Bullard-561-734-
0872).
PARKS AND RECREATION
Comments:
27. Park Impact Fee - 40 single family, attached units @ $1,045.00 each = X
$41,800.00 to be paid prior to the issuance of the first permit.
Project name: Baywalk
File number: NWSP 08-001
5
DEPARTMENTS INCLUDE REJECT
FORESTER/ENVIRONMENT ALIST
~~--~-
Comments: None X
I
PLANNING AND ZONING
-~
,
Comments:
28. A unity of title may be required. The Building Division of the Department X
of Development will determine its applicability.
..~-
29. The traffic impact analysis must be approved by the Palm Beach County X
Traffic Division for concurrency purposes prior to the issuance of any
building permits.
30. The project must obtain approval from the School District of Palm Beach X
County regarding school concurrency prior to the issuance of a building
penni t.
31. Prior to the issuance of a building or land development permit, the applicant X
shall provide a copy of the Condo association documents for review and
approval.
32. Revise all floor plans (sheets A-12, A-14, A-31, A-35) to include X
dimensions of garages and carports (must be a minimum of 18 feet in width I
by 18 feet in depth to count as 2 parking spaces. !
33. Staff recommends working with your neighbor to the south (Palm Cove X
IPUD) to share a buffer wall along the common property line rather than
having two (2) adjacent buffer walls.
34. Please provide a detail showing sign type, dimensions and sign face area X
(max 32 sf), materials, exterior finish, letter font, and letter color(s) that
comply with Chapter 21, Article IV, Section l.D.
35. Prior to permitting, the site plan and the Condominium Association X
documents are required to be revised to note that all visitors shall utilize
designated guest parking spaces throughout the development, and no
parking shall be allowed in streets, sidewalks, or in front of garages. --
36. The call box is required to be relocated at least 50 feet from the project X
entrance (to the western median curb return location) to provide stacking for
a minimum of three (3) vehicles.
37. Based on the number of units proposed, a minimum of 8,000 square feet of X
usable open space is required within the project. The fenced in front yards
of units in Buildings 1 and 2 can not be counted as usable open space.
Revise plans, including tabular data, accordingly.
38. Per Chapter 20, Article X. of the Land Development Regulations, the X
proposed project must comply with the Workforce Housing Program. Prior
to permitting, revise plans and Condominium Association documents I
accordingly. I I
Project name: Baywalk
File number: NWSP 08-001
6
, "
DEPARTMENTS INCLUDE REJECT
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY
CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
I 1. To be determined. I I I
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Baywalk
APPLICANT: Southern Homes of Palm Beach V, LLC
APPLICANT'S AGENT: Carlos Ballbe, Development Consulting Group, Inc.
AGENT'S ADDRESS: 12855 SW 132nd Street, Suite 206, Miami, FL 33186
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 2,2008
TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 40 condominium units on a
2.26-acre parcel in the Infill Planned Unit Development (IPUD) zoning
district.
LOCATION OF PROPERTY: 3103 North Federal Highway (see Exhibit "A" - Location Map)
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
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\Southem Homes of the Palm Beaches\Baywalk\NWSP 08-001\.DO.doc
lX. - CITY MANAGER'S
REPORT
CITY OF BOYNTON BEACH lTEM A
AGENDA ITEM REQUEST FORln
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 December 18, 2007 December 3, 2007 (Noon) D February 19, 2008 February 4, 2008 (Noon)
~ January 2, 2008 December 17,2007 (Noon) D March 4, 2008 February 19,2008 (Noon)
D January IS, 2008 December 31, 2007 (Noon) D March 18,2008 March 3, 2008 (Noon)
D February S, 2008 January 14,2008 (Noon) D April 1,2008 March 17,2008 (Noon)
D Announ cements/Presentati 0 ns ~ City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Review potential impact of property tax from January 29,2008 referendum and
consideration of resolution of opposition.
EXPLANATION: The City staff has prepared an analysis of impact based on projected taxable value reductions that
would occur in Boynton Beach based on successful passage of the property tax referendum on January 29, 2008. The
referendum was authorized by the State Legislature in October 2007 following a court decision that ruled an earlier ballot
proposal was unconstitutional. A copy of the legal notice for the January 2008 referendum is attached.
Specific to Boynton Beach, assuming that the City's tax rate stays at the present level of .64553, the projected revenue loss to
the City from each of the three components would be approximately $3 .5M. Under current law, the City is allowed to raise
the tax rate to meet the amount received in the prior fiscal year. With a declining taxable value, theoretically the "roll-back"
rate could be a "roll-forward" rate if the local authorities chose to not take a revenue reduction. This could result in a
property tax increase for some property owners. For purposes of review, the staff kept the rate at the 2007 level to show the
revenue loss. Under this scenario, the revenue lost would have to be made up from other sources or from service level
reductions,
Attached is a detailed analysis showing how the financial impact was calculated. Boynton Beach has shared this methodology
with the Palm Beach County League of Cities and the Florida League of Cities as a way for other jurisdictions to calculate the
impact in their cities.
Also included is a proposed resolution that the City Commission could adopt. In doing so, the City could then use public
funds to inform the residents of the impact of the referendum.
The summary of the financial impact on Boynton Beach is on the next page.
S\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM,DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Boynton Beach Revenue Loss Recap based on 2007 Tax Rate Staying at .64553
Tangible Personal Property Tax Exemption S 386,944
Double Homestead Exemption $ 2,336,506
Portability of Save Our Homes (SOH) (7% sales/yr) $ 826,419
Total $ 3,549,86900
Portabilty savings IS based on sales of homestead exempted properties/yr
Portability of Save Our Homes (SOH) (5% sales/yr) $ 590,299
Portability of Save Our Homes (SOH) (7% sales/yr) S 826,419
Portability of Save Our Homes (SOH) (10% sales/yr) $ 1,180,598
Portability of Save Our Homes (SOH) (12.5% sales/yr) $ 1,475,747
Hlstonc Sales of homestead exempted property in Boynton Beach
Asse ss me nt SO r Transa ctic ns I
Yea r # % of::: 003 I
d002 1,323 7.5%
2003 1 532 8.7%
2004 1,854 10.6%
2005 1 646 9.4%
2006 900 5.6%
Total2COEi 17,533
SOH
PROGRAM IMPACT: See above
FISCAL IMPACT: (Include Account Number where funds will come from) - We estimate the cost of publications and
information sharing to be approximately $15,000 based on the assumption of one mailing to residents.
AL TERNATlVES: Do not adopt the resolution and do not take any role in the referendum.
~k~ -i-~ "
Department Head's Signature City Manager's Signature
Assistant to City Manager
Department Name City Attorney / Finance
~ \Ill iIIFTII\\FORMS\MiFND/\ ITEM REQUEST FORM.DOC
f'
1 RESOLUTION NO. R 08 -
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, FINDING
5 THAT THE EXPENDITURE OF MONEY IN
6 OPPOSITION OF THE PROPOSED CONSTITUTIONAL
7 AMENDMENT SERVES A PUBLIC PURPOSE;
8 PROVIDING THAT THE DISSEMINATION OF
9 INFORMATION CONCERNING THE IMPACTS OF
10 THIS AMENDMENT ON THE CITIZENS OF THE
11 COUNTY AND THE CITY OF BOYNTON BEACH IS
12 ESSENTIAL TO THE HEAL TH, SAFETY,
13 PROTECTION AND WELFARE OF THE CITY OF
14 BOYNTON BEACH AND ITS CITIZENS; PROVIDING
15 FOR EFFECTIVE DATE.
16
17 I WHEREAS, the Florida Legislature has placed an amendment to the State
18 Constitution on the January 29,2008 ballot; and
19 WHEREAS, the City of Boynton Beach desires that its citizens be fully informed as
20 to the impact of this proposed amendment; and
21 I WHEREAS, the City Commission believes that it is a duty of local democratic
22 II government to assist its citizens in understanding issues of great importance to them by
23 providing information in order that they may make an informed choice; and
24 WHEREAS, the City Commission believes that such municipal leaders have a duty
25 and a right to offer their opinion as to which course of action they think would be best for the
26 I" City of Boynton Beach and its citizens, and that such use of their offices is clearly for a I
27 public purpose.
28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
30 Section 1. The foregoing "WHEREAS" clauses are true and correct and
31 hereby ratified and confirmed by the City Commission
32 Section 2. The City Commission finds that it is necessary and 9in the public
33 interest of the citizens of the City of Boynton Beach and the City, and essential to the health,
34 safety, protection and welfare of the citizens of the City of Boynton Beach for the City to
35 expend public funds and resources, to utilize the time of its employees, and to utilize its
S:\CA\RESO\Legislative Actions\Expenditure of money is public purpose.doc
II
I
I
1 various methods of communication (including but not limited to television, print, and internet
2 communications) in ordered to communicate to the public concerning the proposed
3 II referendum question which is attached hereto as Exhibit "A" and the impact it will have on
, I
4 II the City of Boynton Beach and its citizens.
5 i I Section 3. That this Resolution will become effective immediately upon passage.
6 II PASSED AND ADOPTED this _ day of January, 2008.
7 I
I
8 I CITY OF BOYNTON BEACH, FLORIDA
9 II
10
11 II Mayor - Jerry Taylor
U I
12 II
13 ! I
14 Vice Mayor - Jose Rodriguez
15 ! !
, ,
16 ! I
17 ! I Commissioner - Ronald Weiland
18
19 II
: i
20 ' I Commissioner - Woodrow L. Hay
, I
!
21 ! ,
II
22 : I
, .
23 II Commissioner - Marlene Ross
24 !,ATTEST:
25
26 II
27 II
I:
28 I I Janet M. Prainito, CMC
29 IICity Clerk
30 11
31 II
32 (Corporate Seal)
II
I
I
,
I
I
I
I
I S:\CA\RESO\Legislative Actions\Expenditure of money is public purpose,doc
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+
NO. 9321928R
PROPOSED CONSTlTlITIONAL AMENDMENT
TO BE VOTED ON JANUARY 29, 2008
NOTICE OFELEcnON
I, Kurt S. Browning, Secreta'60 01 State 01 the State 01 Florida, do hereby give noijce that an elecijon will be held in each county
in Florida, on January 29, 2 8, lor the ratilication or rejecijon 01 a proposed revision to the consijtuijon 01 the State 01 Florida.
No.1
CON5TlTUTJONAL RMSION
ARnCLE VII, SECl'IONS 3, 4, AND 6
ARncLE XII, SECllON 27
'1 (Legislative)
I Ballot Title:
I PROPERTY TAX EXEMPTIONS; LIMITATIONS ON PROPERlY TAX
ASSESSMENTS
;
. Ballot Summary:
. This revision proposes changes to the State Constituijon relaijn~ to rcroperty taxation. With respect to homestead prope~ this revision: P) increa$l!s
:1 the homestead exempijon except lor school district taxes and 1 1 alows homestead property owners to transfer Up' to $5 0,000 01 their Save-
Our-Homes ben.elits to their next homestead. With respect to nonhomestead property, this revision (3) provides a $25,000 exemption lor tangible
personal property and (4) limits assessment i[1creases for specilied nonhomestead real property except lor school districltaxes.
In more detail, this revision:
P ) Increases the homestead exempijon by exempijng the assessed value belween $50,000 and $75,000. This exemption does not apply to
school district taxes.
. ~ Provides lor the transfer 01 accumulated Save-Our-Homes benefits. Homestead prope~ owners will be able to transfer their Save-Our-
Homes nelit to a new homestead within b6:ear and not more than 2 years alter relinquishing eir frev;ous homestead; except, il this revision
is approved ~ the electors in January 012 8 and il the new homestead is established on January ,2008; the previous homestead must have
been relinquis ed in 2007. If the new homestead has a hi~her just value than the p'revious one, the accumulated benefit can be transferred; if the
new homestead has a lower just value, the amount 01 bene 't transferred will be reduced. The transferred benefit may not exceed $500,000. This
provision applies to all taxes.
[31 AUthorizes an exempijon from property taxes 01 $25,000 of assessed value of tangible personal property. This provision applies to QII
taxes.
(41 limits the assessment increases lor specified nonhomestead real property to 1 0 ~rcent each year. Property will be assessed at just value
followiny, an improvement, as defined by general law, and may be assessed .at just value 1I0wing a change 01 ownership or control il ~ovided br.
~eneral ow. This limitation does not apply to school district taxes. This limitaijon is repealed ellect1ve January 1 , 2019, unless renewed a vote 01
e electors in the general elecijon held in '2018. .
Further, this revision:
a. Rel::ls obsolete language on the homestead exempijon when it was less than $25,000 and did not apply uniformly to property taxes
levied by all acal governments.. .
b. Provides lor homestead exempijons to be repealed il a Future consijMonal amendment provides lor assessment 01 homesteads" at .Iess
than just value" rather than as curren~ provided "at a specilied percentage" 01 just value.
c. Schedules the chan~es to ta e effect ulf: approval by the electors and operate retroactively to January 1, 2008, il approved in.a special
elecijon held on January 29, 008, or to take e January 1,2009, if approved in the general elecijon held in November 012008. The fimitaijon
on annual assessment increases for specilied real8roperty shall first apply to the 2009 tax roll if this revision is apicroved in a special election held
on January 29, 2008, or shalllirst apply to the 2 10 tax roll il this revision is approved in the general election he d in November 012008.
ARnCLE vn
FINANCE AND TAXATION
SECTION 3. Taxes; exemptions.- .
101 All property owned by a municipality and used exclusively ~ it lor municipal or public purposes shall be exempt from taxation. A
municipa ity, owning pror:rty outside the municipality, may be requir by general law to make payment to the taxing unit in which the property is
located. Such porijons 0 property as are used predominan~y lor educational, literary, scienijfic, religious or charitable purposes may be exempled .
by general law from taxaijon.. .
(b) There shall be exempt from .taxation, cumulatively, to every head 01 a Family residing in this state, household ~oods and fl4lrsonal effects
to the value fixed by general law, not less than one thousand dollars, and to eved: widow or widower or person who is lind or totally and perma'
nently disabled, property to the value lixed by ~enerallaw not less than five hun red dollars.
lcl Any county or municipality may, fOr e purpose 01 its respective tax levy and subject to the provisions 01 this subsection and general
law, grant community and economic development ad valorem lax exemptions to new businesses and expansions of exisijng businesses, as defined
by general law. Such on exempijoll may be granted only by ordinance 01 the county or mun~lity, and only alter the electors 01 the county or
municipality voHng on such quesijon in a referendum authorize the count or municipality to opt such ordinances. An exemption so granl8d shall
apply to improvements to real property made br. or for the use 01 a new usiness and improvements to real prororty related to the expansion 01 an
exisijng business and shall also apply to tangib e personal (Jfoperty of such new busincs: and tangible personaltoperty related to the expansion
01 an exisijng business.The amount or limits 01 the amount 01 such exemption shall be s\ib:ified by generallcr.r. period of ijme for which such
exemption m:dl be granted to anew business or expansion of an exisijng business sha I be determined by 3enerallCw. The authority to grant such
exempijon sha I expire ten years from the date 01 approval by the electars of the county or municipality, an may be renewable by referendum as
prcwided ~. general law.
ldl y general low and subject to conditions specified therein, there may be granted an ad valorem tax exemption to a renewable eAergy
source device and to real property on which such deVice is installed and operated, to the value fixed by general law not to exceed the original cost
of the device, and lor the period of ijme fixed ~ general law not to exceed ten years.
leI Any county or municipality may, for e purpase 01 its respective tax levy and subtct to the provisions 01 this subsection and general
law, grant historic preservation ed valorem tax exempijons to owners 01 historic properties. his exemeion mbl; be granted only by ordinance of
the county or municipality. The amount or limits 01 the amount of this exemption and the requirements r eligib e p'roperties must be specilied by
general law. The period of ijme for which this exempijon ~ be granted to a property owner shall be determined by general law. .
B eneral'law and sub'ect tocondiHons s ili therein twen "ve thousand dollars of the assessed value 01 ro sub'eCt to
tan ible rsona taxs a exam t m a va orem taxotion.
S CTION 4. axotion; assessments.-By genera aw regu otions s all be prescribed which shall secure a just valuation 01 all property lor ad
I ~'.m -', f"O'ldod,
[a) Agriculfural land, land producing h~h water recharge to Florido'saquifers, or land used exclusively lor noncommercial recreaHonal
purposes may be c1assilied ~ Pcenerallaw an. assessed solelt; on the basis of charecter or use. .
(bl Pursuant to genera aw ta~ible persoool property . eld for sale es stock in trade and livestock may be valued lor taxaijon at a specilied
fl!I'_centage. ()I its yalue, may be class' 'ed Ior.1ax purposes, or may be exempted from taxation. ....
Ic] Allth:rsons entified to a homestead exemption under Section 6 of this Article shall have their homestead assessed at just value as of
January 1 of e year Iollowing the el!ective date of this amendment. This assessment shall chan~ only as provided herein.
III Assessments subject to this provision shall be changed annually on January 1 st of eac year; but those changes in assessments shall not
exceed the lower of the Iollowing:
a. Three percent (3%) of the assessment for the prior year.
b. The percent change in the Consumer Price Index for all urban consumers, U.S. Cily Average, 011 items 1967= 100, or successor reports
for the preceding calendar hear as initially reported by the United Slates Department of labor, Bureau of labor Statistics.
12) No assessments all exceed just value.
. (31 Alter any change of ownership, as provided by genero[ law, homestead prope~ sha[1 be assessed at just value as of January 1 of the
Iollowlng year, unless the rovisions of r ra h 8 a I. Thereafter, the homestead sha I be assessed as provided herein.
. (41 New omesled prope s a assessed at just value os of January 1 st of th:Jear following the establishment of the homestead,
unless the rovisions of r ra h 8 a I. That assessment shall only change as provid herein.
(5) C a~ges, a iIions re uctions, or ims.ravements to ~omestead properly shall be assessed as provided lor by general law; provided,
however, after eadjustment for any change, a dition, reduction, or improvement, the properly shall be assessed as provided herein.
I~ In the event of a termination 01 homestead s1alus, the pro/ri.rly shall be assessed as provided b~ tnerallow.
I The provisions of this amandment are saverable. If any 0 the provisions of this amandment sha I held unconstitutional by any court of
competent jurisdiction, the decisio.h of such court shall not affect or impair a,&,amaining provisions of this amendment.
8 a. A rson who eslabhshes a new homestead as of anua 1 2 9 or anoo 1 of an subs uant ear and who has receivada
h6mastea axem tion rsu nt Section 6 0 . Artie e s 0 anua 10 eiere e ears imme iate ree i esla i ment 0
e new ames isenti toave e new ames ass at ass an 'ust va ue. I is revision is a ro in anua o 2008 a rson
w oes"" i~ es a new as 0 anua 1 2 is nti a at ass an 'ust ueon rson
recei a ames exem an a 2007, a 0 n . ii "0 rmi as lows:
1. I . e 'ust va ua 0 en tea is reater an Or 00 to ' tvaue e rior ames as 0 noo 10 e r in which
the rior omestea was a non eassess va 0 e new omestea s e 'ustvaueo e new omestea minus an amount
ua to essero 500 000 or i ranee n e 'ust va an e rior omestea as 0 anoo 10 e r
in ic e rior omeslea was a n rle ames a erein.
2,1 a 'ust va ue a ames is 8$S an e 'ust ua 0 or 0 as 0 anoo 1 of the ear in hich the rior
homeste was a n on a 0 new om a ua to a 'ust ua 0 new ames ivi e 'ust
va 0 ior an mu ' i vaueo a rior omestead. Howaver' i a i rence n ueo a
new a a 0 new ames co u ant to issu u ra ra is realer an 00 as ed
vaueo enew incr so at i renee e 'ust va ue an e assesse va ue e ua s 500 000. erea r
e omesle 'S a. assess as provi erein,
b. B anerallaw and subiect to conditions s ilied therain the l islature shall rovide for a Hcation of this ra ra hto ro
owned more none rson.
I) e is ature may, ~enerallow, for assessment purpases and subject to the provisions of this subsection, allow counties and muniei-
.. palities to authorize by ordinance at historic properly may be assessed solely an the basis of charactar or use. Such character or use assessment
shall aprely only to the jurisdiction adopting the ordinance. The requirements for aligible properties must be spe<;ilied by general low.
el A counly may, in tha manner prescribed by general low, provide for a reduction in the assessed valua of homestead properly to the
exlent of any increase in the assessed value of that properly which results from the construction or reconstruction of the Fthperly lor the purpose of
r.roviding living quarters lor one or more natural or adoptive grandparents or parents of the owner. of the properly or 0 the owner'Npouse If at
east one of the ~\lndparents or parents for whom the living quarters are provided is 62 years of age or older. Such a reduction may not exceed
the lesser of the 1I0wing:
111 The Increase in assessed value resulfln~ from construction or reconstruction of the properly.
21 Twenty percent of the tolal assessed va ue of the properly as improved.
For alllevi other than school distric levies assessments of residen '01 real ro as defined b enerallow which ontains nine units
or fewer an ic is not su 'ect to e assessment imitations set in su ections a csacaneon as rovi in is subsec-
tion.
erea r sue ro in this
shal be assessed as rovided lor
s a asse as ravi in Issu on,
at is not sub'ect to the asseSsment imitations set forth in
shall be assessed at 'ust value as of the next assessmenl dale after a uall in im rove-
. T erea such ro a be assessed as. rovi in I is su seclion.
al'ust va ue as 0 next assessment ale roc an eolo arshi
0 e a enti at owns e ro erea r sue r sa
enerallow' however after the
is su on.
+
:
dgg~*,~~15t~;e~!2~':"2.~~~;;~.~,
i'i~~;';;; ;~h'~ ~'~'~;;. I 1 ~sso~",="ts, t.."I,I,,,,,, II,vU3CI..d dolL,. ,..II. ,0!4pe_llo.> ~M",el,t, ~I 1982 el;?, ,,~d, ,~~roLthcrcelm~.
~v~ ;::' 4u~~ ~;~;;.~ lholl not ~ppl, ,,;11, ,e~pe~t 16 on, o:I.503Smel.l :vll ~ntil ~~Gh ,011 illi,]1 dcto.l..invd ~ k ;n _o.>~,p~vl,'e ':a,h th_~ r'",;3.iono
ot ,. t e lIG]", dG]'fjl.oled b, ",eneI'eJIIO't.. "fluS l~b"oehen sholl .l1ond repeoled on 11I(; ~fkeh.e d"je of v]" ",,,'I,dment to ,,,chon .4
~._. ....._.h;,b"Il<~~r th(;~4Je'3",enl of h.Q!!l.~IMdc~L()pe[~"t..q~p.,djo.d_~~j~~ .
. kHet B~ ~enerCil1awan(rsufijecfto condiHons specifiecftherein, the ~islClure mliy pr€lvide ro renters, who are permanent residents, ad
valorem tax re ie on all ad valorem tax levies. Such ad vCillorem lax relief shed be in the IOrm Cilnd amount e.!tablished bY general law,
Jsft{ll The legislature may, by generollaw, allow counHes or municipCilliHe.!, lor the purpose of their respective tax levies and subject 10 the
provisions of general law, 10 grant an additional homestead tax exemJ:Hon not exceeding fi~ thousand dollars to any person who has the legal or
equitable title 10 real estate ond maintains thereon the permanent resi enceof the owner an who has attained age siXty-five ond whose household
income, as defined by general law, does not exceed Iwen~sand dollars. The general law must allow countie.! and municipaliHes to jrpnt this
additional exemption, within the limits ~reSCribed in this su 'on~ ordinance adopted in the manner prescribed by general law, an must
provide lOr the periodic odjustment of e income limitaHon prescri in this subsecHon lOr cha~es in the cost of living.
Mist Each veteran Who is a~e 65 or older who is partially or totally permonen1ly disabl shall receive a discount from the amount of the
ad valorem fax otherwise owed o~ omestead property the veteran owns and resides in if the disability Was combat related, the veteran was a
resident of this state at the Hme of-entering the military service of the United States, and the veteran was honorably discharged upon ~raHon
from military service. The discount shall be in a percentage equal 10 the ~rcentage of the veteran's permanent, servic&<:onnected disa ility as
determined by the United States Department of Veterans Affairs, To quali lOr the discount granted by this subsection, an applicant must submit
to the county rraperty apflraiser, by March 1, proof of residency at the Hme .of entering militaili service, an ollicialletterfrom the United States
Department 0 Veterans AfIoirs staHng the percentage of the veteran's servic&<:onnectea disabi ity anc;l suc~ evidence that reasonably identifies
the disability as combat related, and a copy of the veteran's honorable discha~. If the property appraiser denies the request for a discount, ,the
appraiser must notify the applicant in wriHng of the reasons lOr the denial, and e veteran may rea~p~. The Legislalure may, by generallaw, waive
the annual ap~ation requirement in subsequent years. This subsection shall take effect December , 006, is self-executing, an does not require.
implemenHng islation.
ARTICLE XII
SCHEDULE
SECTION 27. Pro fax exem Hons and limitaHons on 0 lax assessments.-The amendments 10 Sections 3 4 and 6 of Article
VII ravi in a 25 000 exem Hon r tan i e ersona ' i an iHona 25 000 omestea xem on au orizi
0 e accrue n 't om e imitaHons on assessment 0 omestea ro an is section i su mi 10 e ectors 0 1$$
a roval or re'ection at a s .ia eecHon a ori awlo e 0 anua 9200Bsataee u na ee
sa 0 rate retroacHve 10 anua 1 2008 or i su mill 10 e e eclors 0 is sta ra rova or reo ection at next enera e
ta ee ct anua 10 e ear owi uc enera e ection. T e amen ments to Section 4 0 Artic e VII creatin su cIions a
section creaHn 'a imitation on annua assessment increases r s i' rea 0 saito ee u na rova 0 e e ectors an
limit assessments innin anua 12009ia rov ata s iole on e on anua 29. 200 or s 'rst imit assessments
anua 1 2010 i a ove at e enera e 'on el in ovem r 0 2008. Su sections an SeCtion 4 0 Artie VII are re
. e ecHve anua 1 2 19' owever e is alure s a 'oint reso ution ro 58 an amen ment a r aHn ere o su ns a
191. ic sa su m 10 e electors 0 is state r approva or reiecHon at e aenera e ection 0 2018 an . i approv . s tae
January 1. 2019,
PUBUSH: The Pa~ Beach Post; November 21 and ~ember 19,2007 10{
,
1 RESOLUTION NO. R 08 -
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, FINDING
5 THAT THE EXPENDITURE OF MONEY IN
6 OPPOSITION OF THE PROPOSED CONSTITUTIONAL
7 AMENDMENT SERVES A PUBLIC PURPOSE;
8 PROVIDING THAT THE DISSEMINATION OF
9 INFORMA TION CONCERNING THE IMP ACTS OF
10 THIS AMENDMENT ON THE CITIZENS OF THE
\1 COUNTY AND THE CITY OF BOYNTON BEACH IS
]2 ESSENTIAL TO THE HEAL TH, SAFETY,
13 PROTECTION AND WELFARE OF THE CITY OF
14 BOYNTON BEACH AND ITS CITIZENS; PROVIDING
] 5 FOR EFFECTIVE DATE.
16
17 WHEREAS, the Florida Legislature has placed an amendment to the State
18 Constitution on the January 29, 2008 ballot; and
]9 WHEREAS, the City of Boynton Beach desires that its citizens be fully informed as
20 to the impact of this proposed amendment; and
21 WHEREAS, the City Commission believes that it is a duty of local democratic
22 government to assist its citizens in understanding issues of great importance to them by
')~ providing information in order that they may make an infornled choice; and
_.J
24 WHEREAS, the City Commission believes that such municipal leaders have a duty
25 and a right to offer their opinion as to which course of action they think would be best for the
26 City of Boynton Beach and its citizens, and that such use of their offices is clearly for a
27 public purpose.
28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
30 Section 1. The foregoing "WHEREAS" clauses are true and correct and
3 ] hereby ratified and confirmed by the City Commission
~') Section 2. The City Commission finds that it is necessary and 9in the public
.J~
33 interest of the citizens of the City of Boynton Beach and the City, and essential to the health,
34 safety, protection and welfare of the citizens of the City of Boynton Beach for the City to
35 expend public funds and resources, to utilize the time of its employees, and to utilize its
CDocuments and Scttings\bressnerk\Local Setllllgs\Temporary Internet Files\OLK 12\Expenditure of mone\ is public purpose.do(
I various methods of communication (including but not limited to television, print, and internet
2 communications) in ordered' to communicate to the public concerning the proposed
3 referendum question which is attached hereto as Exhibit "A" and the impact it will have on
4 the City of Boynton Beach and its citizens.
5 Section 3. That this Resolution will become effective immediately upon passage.
6 PASSED AND ADOPTED this _ day of January, 2008.
7
8 CITY OF BOYNTON BEACH, FLORIDA
9
10
I I Mayor - Jerry Taylor
12
13
14 Vice Mayor - Jose Rodriguez
15
16
17 Commissioner - Ronald Weiland
18
19
20 Commissioner - Woodrow L. Hay
21
22
23 Commissioner - Marlene Ross
24 ATTEST:
25
26
27
28 Janet M. Prainito, CMC
29 City Clerk
30
31
32 (Corporate Seal)
C:IDocuments and Seningslbressnerk\Local SeningslTemporary Internet FileslOLK] 21Expenditure of money is public purpose. doc
. CITY OF BOYNTON BEACH
Proposed Constitutional Amendments for Property Tax Reform
Impact Analysis
December 17,2007
I n an effort to study the impact of the proposed property tax refonn, the City of Boynton Beach
analyzed the following three (3) elements of the proposed constitutional amendments that will have
an actual estimated or potential loss of future property tax revenue to the City.
I. Tangible Personal Property Exemption
2. Double Homestead Exemption
3. Portability of Save Our Homes (SOH) Benefit
SUMMARY OF ESTIMA TED LOSSES
Based on our analysis and assumptions, the following summarizes our calculations.
. Estimated loss of current revenue Tangible Personal Property $ 386,944 (Pg 2)
Double Homestead Exemption $ 2.336,562 (Pg 3)
Total (About 7% of City 2007-2008 General Fund ad valorem tax revenue) $ 2,723,506
Alternate Portability of SOH Benefit calculations:
. Potential reduction of future property
tax revenue gain Portability of SOH Benefit $ 1.475.748 (Pg 7)
(Assuming 12.5% SOH sales transactions annually)
. Potential reduction of future property
tax revenue gain Portability of SOH Benefit $ 590.299 (Pg 9)
(Assuming 5.0% SOH sales transactions annually)
The source of data and the methodology used to calculate each of the three elements follows.
SOURCE OF DATA
The data bases used were provided by the Palm Beach County Property Appraiser's Office:
1. Certified Assessment Administration (AA) Tax Roll File - 2006 (The title of this file may
vary among Property Appraiser's offices throughout the state - the file contains basic tax roll
information: PCN, Owner's Information, Assessed Values, Market Values, Taxable Values.
Sales Data, etc.)
2. Tangible Tax Roll - 2007
3. Homestead Residential Property Worksheets - 2007
The City typically purchases the AA Tax File from the County for approximately $400. To obtain
this file call Ms. Clarice Bethel-Laing at (561) 355-2358.
The Tangible Tax Roll and the Homestead Residential Property Worksheets have been prepared by
the PBC Property Appraiser's Office specifically for PBC municipalities.
I
The following pages utilize this data to develop the methodology using alternative assumptions to
arrive at our estimates for each proposed amendment affecting future City property tax revenues.
TANGIBLE PERSONAL PROPERTY EXEMPTION
ProfJosed Amendment: A $25,000 exemption is provided for each tangible personal property
return. This exemption will allow businesses to receive a break on the taxes they pay on
equipment. This provision applies to all taxes.
Source: PBC Legislative Update, ] ]/2/07 by PBC Legislative Affairs Office, Mr. Todd. 1. Bonlarron, Director.
Data File
Using the County's Tangible Tax Roll, filter the data to separate all properties and taxable values into
two Groups; one valued at $25,000 and below and the second valued above $25,000. Determine the
property count for each Group.
Assumptions, Methodolol!v and Calculations
We make no assumptions of the change in total assessed value of tangible personal property from the
base year used for these calculations or the effective date of the amendments if passed by the voters.
The City will lose illl tax revenue on the tangible personal property on accounts up to $25,000. For
properties above $25,000, the City will lose tax revenue on $25,000 value of each account.
Bovnton Beach Calculation
Step I. Calculate the taxable value on the tangible personal property
on accounts up to $25,000 as follows:
Total taxable value $ 287,252,832
Less taxable value of accounts in excess of $25,000 $(250,634,792)
$ 36,617,040
Step 2. Multiply the total property count (933) times $25,000 for all
properties assessed at $25,000 and above because each account
above this amount will have a $25,000 exemption. 23,325,000
Total loss of taxable value from personal property exemption $ 59,942,040
Step 3. Multiply the loss of assessed value by the City's 2007-2008
General Fund mi lIage rate x 0.0064553
Estimated loss of current revenue from Personal Property Exemption $ 386.944
2
DOUBLE HOMESTEAD EXEMPTION
Proposed Amendment: An additional $25,000 homestead exemption is provided for the value 4
homestead property above $50,000. This exemption does not apply to school taxes.
Source: PBC Legislation Update. 11 <2/07 by PBC Legislative Affairs Office. Mr. Todd. J. Bonlarron. Director
Data File
Use the attached Homestead Residential Property Worksheets that sort the AA Tax File of
Homestead properties into four (4) groups having values in the following ranges.
\. $0 to $25,000 3. $50,001 to $75,000
') $25,001 to $50,000 4. $75,001 and greater
Assumptions, Methodolo2:v and Calculations
We make no assumptions of the change in the market and assessed values of properties from the base
year used for these calculations and the effective date of the amendments if passed by the voters.
Nothing changes for all properties with a value up to $50,000 (Groups I and 2). There is 110
additional loss of revenue for the City other than current $25,000 homestead exemption for these
properties.
The additional $25,000 exemption starts to apply for properties assessed at more than $50,000. To
calculate the revenue loss on these properties requires three (3) steps as properties assessed from
$50.00 I to $75,000 will become eligible for only a part of the second $25,000 exemption. For
example. a property assessed at $60,000 would only qualify for an added $10,000 exemption.
See the chart on the following page (Sample Impact of Double Homestead Exemption) to illustrate
the application of the double homestead exemption at various levels of assessed property values.
Bovnton Beach Calculation
Step I. Group 3 properties ($50,00 I to $75,000) total assessed value - $217,610,333
Less the property count in this Group (3,404) times $50,000 $( 170,200.000)
since the total value includes the first $50,000 assessed value. $ 47,410,333
Step 2. Group 4 properties ($75,001 and greater) multiply the total
property count in this Group (12,582) times $25,000 because
this is the additional amount of assessed value subject to the
full additional $25,000 homestead exemption. $ 314,550,000
Total loss of assessed value from double homestead exemption $ 361,960.333
Step 3. Multiply the loss of assessed value by the City's 2007-2008
General Fund millage rate x 0.0064553
Estimated loss of current revenue from Double Homestead Exemption 5; 2.336,562
3
Sample Impact of Double Homestead Exemption
Assessed Property Value First Homestead Second Homestead Total Homestead
Exemption Exemption Exemption
$10,000 $10,000 0 $ I 0,000
$ 15,000 $ 15,000 0 $ 15,000
$20,000 $20,000 0 $20,000
$25,000 $25,000 0 $25,000
$30,000 $25,000 0 $25,000
$35,000 $25,000 0 $25,000
$40,000 $25,000 0 $25,000
$45,000 $25,000 0 $25,000
$50,000 $25,000 0 $25,000
$55,000 $25,000 $5,000 $30,000
$60,000 $25,000 $lb,oQQ $35,000
$65,000 $25,000 $15,000 $40,000
$70,000 $25,000 $20,000 $45,000
$75,000 $25,000 $25,000 $50,000
$80,000 $25,000 $25,000 $50,000
$85,000 $25,000 $25,000 $50,000
$90,000 $25,000 $25,000 $50,000
$95,000 $25,000 $25,000 $50,000
$100,000 $25,000 $25,000 $50,000
Property Appraiser's Web Site
The Palm Beach County Property Appraiser's web site www.co.palm-beach.fl.us/papa, PAPA
(which stands for Property Appraiser Public Access) contains a brief description of the four
components of the tax rei ief proposal.
While the web site is not designed to provide a methodology to calculate the overall tax impact to
the City of Boynton Beach, it does provide a good understanding of the proposals for each of the
proposed components.
PORTABILITY OF SAVE OUR HOMES BENEFIT
Pro/Josed Amendment: Homestead property owners will be able to transfer their Save Our Homes
benefit (up to $500,000) to a new homestead within two years of giving up their previous
homestead. lfthe just value of the new homestead is more than the previous home's just value, the
entire differential can be transferred; if the new homestead has a lower just value, the amount of
the accumulated benefit that may be transferred is proportional to the value of the new homestead.
(For those who gave up their homestead in 2007 before the amendment was passed, the differential
may be transferred if they apply for a new homestead January 1, 2008 or January 1, 2009.) This
provision applies to all taxes, including school taxes.
Source: PBC Legislative Update, 11/2/07 by PBC Legislative Affairs Office, Mr. Todd. J. Bonlarron, Director.
4
Assumptions, Methodolol!v and Calculations
The extent of impact of portability on the future taxable value of in any given city or county is ver)
difficult to estimate with any level of confidence. Two major elements influence the portabilit)
impact:
I. The number of SOH sales transactions in a given period which is heavily influenced by the
overall real estate market and the availability of financing.
2. The amount of "new" SOH benefit brought into the City as a result of each sales transaction
and its effect on the taxable value of the property after the transaction. This effect depends on
the SOH benefit of the buyer compared to that of the seller and whether or not the seller has a
SOH benefit. For example, portability will not apply to the following types of sales
transactions:
. Buyers coming from out of state/country.
. First time home buyers.
. Those changing the status of the property from a homesteaded residence to an
investment property or second home.
The only element known is that without portability, the future taxable value would probably increase
when a homesteader with a SOH benefit sells the property. In that case, the property would normally
reset to a higher taxable level.
Therefore, for each estimated sale transaction, we calculated the potential reduction of the future
gross taxable value increase. This is based on the entire amount of the taxable value on which the
City would collect taxes without the portability in effect. In reality, the potential reduction may be
substantially lower and will depend on the characteristics of each particular transaction.
To determine the amount of the impact of portability. we used two steps.
1. Estimating the number of home sales and
') Calculating the potential reduction of future gross taxable value increase.
Estimatinl! the N urn ber of Home Sales
As noted, the number of sales transactions in a given period is most difficult to estimate. We
considered two methods.
I ) A method proposed by the City of Pembroke Pines, utilizing a mortgage-backed security
analys is. You may contact: M r. Rene Gonzalez, Finance Director, at (954) 435-6515.
This method assumes homeowners move every eight years and thus 12.5% of all properties
will sell in a given year.
2) A method prepared for the Florida Legislature, Office of Economic and Demograph ic
Research that utilizes data obtained from a University of Florida / Florida State University
report. The report of the Property Tax Study is accessible at www.edr.state.fl.us.
5
The method in this report estimates what the probability is of home sales by county. Estimates
are based on the amount of property owners' SOH savings (e.g., taxes that a person would
have paid on the difference between the market value and the assessed value of their
property). In other words, the higher the savings, the stronger "lock-in" effect there is on sales
and the lower the probability of sale. To estimate the number of transactions, we have used
the probability of sale coefficients for zero savings (most likely to sell) for Palm Beach
County:
Table 111-20: Probability of Sale: Palm Beach County
(No. of Homes = 216,903)
Single Family Homes Other Residential
Save Percentage Percentage
Our Probability Change in Probability Change in
Homes of Sale Probability of Sale Probability
Savings of Sale of Sale
$0 0.0912 0.1108
$1,000 0.0912 -0.02 0.1106 -0.16
$5,000 0.0912 -0.07 0.1099 -0.63
$10,000 0.0911 -0.09 0.1091 -0.79
$20,000 0.0909 -0.17 0.1073 -1.58
$30,000 0.0908 -0.17 0.1056 -1.59
$50,000 0.0905 -0.35 0.1023 -3.18
$100,000 0.0897 -0.87 0.0942 -7.87
$200,000 0.0881 -1.74 0.0796 -15.57
$500,000 0.0835 -5.17 0.0458 -42.40
Using the above table, you can apply 10% (a number between 9.12% for single-family homes and
11.8% for "other" residential properties). You can also use any other number you think would be
appropriate for your municipality. Remember, the actual number of annual transactions for the SOH
properties that you have in your AA File is the number of transactions with the "lock-in" effect of the
SOH program. Also, the market conditions should be taken into consideration.
Calculatine the Potential Reduction of Future Property Tax Revenue Gain
To determine the potential reduction of gross taxable value, we used two methods that result in the
same potential loss.
I) City of Pembroke Pines.
2) Palm Beach County.
For the purpose of these calculations, we did not adjust either
. The assessed values of the SOH properties by the 3% ceiling cap or
. The market values of the SOH properties in Boynton Beach.
6
Data File: Use 2006 Certified AA Tax file for either method.
The City of Pem broke Pines Method
Bovnton Beach Calculation
Using the certified AA Tax File for all of the SOH properties, we performed the following steps.
Step I. Calculate the sum total of the "Market Value" column $ 3,876.521.051
Subtract the sum total of the "SOH Value" column $(2.047.639.059)
Difference between market value and SOH value $ 1.828,881,992
Step 2. Multiply the above difference by the assumed percentage
of SOH sales (assumes SOH homes sold every 8 years) x 12.5%
Estimated loss of taxable value $ 228.610.249
Step 3. Multiply the estimated loss of taxable value by the City's
2007-2008 General Fund millage rate x 0.0064553
Potential reduction of future property tax revenue gain from
portability of Save Our Homes benefits $ 1.475.748
Please note that applying 12.5% to the values assumes that the transactions occur with equal
frequency across the value distribution. In other words, this assumes that there are a similar
number of transactions in lower valued properties as in higher valued propel1ies.
The Palm Beach County Method
The County uses an estimate of an average SOH benefit per SOH property. Overall, this method uses
the same difference ($1,828,881,992) between market value and SOH value as calculated on page 7.
Bovnton Beach Calculation
Using the certified AA Tax File for all of the SOH properties, we performed the following steps.
Step]. Calculate the sum total of the "Market Value" column $ 3.876,521.051
Subtracted the sum total of the "SOH Value" column $(2,047.639,059)
Difference between market value and SOH value $ 1.828,881,992
Step 2. Multiply the above difference by the assumed percentage
of SOH sales (assumes SOH homes sold every 8 years) x 12.5%
Estimated loss of taxable value $ 228.610.249
Step 3. Divide the above by the City's SOH sales transactions
(total SOH parcels = 17,533 times 12.5% as above) 2,191
A verage SOH benefit for SOH properties $ 104341
7
Step 4. Multiply the above by the number of SOH transactions 2,191
results in the same loss of taxable value $ 228,610,249
Step 5. Multiply the loss of taxable value by the City's
2007-2008 General Fund millage rate 0.0064553
Potential reduction of future property tax revenue gain from
portability of Save Our Homes benefits $ 1.475.748
Determinin2 Alternative Levels of Potential Reduction of Future Property Tax Revenue Gain
We consider the 12.5% transaction figure on the aggressive side for the number of SOH property
sales transactions in terms of market recovery for 2008. Given the current real estate market, we
selected a range of alternatives in declining sequence from the 12.5% to 10%, 7% and 5%.
Bovnton Beach Calculation
Calculating alternative potential losses of future revenue increases for the near term, we
performed the following steps:
I) Select each assumed percentage of SOH property sales annually.
2) Apply the above percentage to the total SOH benefit of $1 ,828,881 ,992 (see pages 7 & 8)
resulting in the estimated loss of taxable value.
3) Multiply the estimated loss of taxable value by the City's 2007-2008 General Fund
millage rate of 0.0064553.
4) Compare the alternative potential losses of future revenue increases using the range of
alternatives as follows.
. 12.5% x $1,828,881,992 = $228,610,249 x 0.0064553 = $1.475.748 potential loss
. 10.0o,A, x $1,828,881,992 = $182,888,199 x 0.0064553 = $1.180.598 potential loss
. 7.0% x $1,828,881,992 = $128,021,739 x 0.0064553 = $ 826.419 potential loss
. 5.0% x $1,828,881,992 = $ 91,444,100 x 0.0064553 = $ 590.299 potential loss
Applying the average SOH property benefit of $104,301 (Palm Beach County method) to the
above transaction percentages results in the same potential losses of future revenue increases.
S:\City Mgr\Administrution\JOYCEllmpact Analysis of Tax Reform - Final Edit 12-] 7-07.doc
8
IX.-CITY MANAGER'S
REPORT
CITY OF BOYNTON BEACH ITEM B.
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 December 18. 2007 December 3, 2007 (Noon) o February 19,2008 February 4, 2008 (Noon)
~ January 2. 2008 December 17,2007 (Noon) 0 March 4, 2008 February 19,2008 (Noon)
0 January 15.2008 December 31, 2007 (Noon) 0 March 18, 2008 March 3, 2008 (Noon)
0 February 5, 2008 January 14,2008 (Noon) o April I, 2008 March 17,2008 (Noon)
0 A n no uncements/Presentati ons ~ City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
D Public Hearing 0
RECOMMENDATION: Review proposed list of annexation parcels. Staff will still need to perform analysis of
property in terms of available utilities, property condition and other factors that may require County cost participation.
EXPLANATION: Three maps are attached. They identify three enclaves consisting ofa total of approximately 40 parcels
that fit the criteria for annexation by inter-local agreement with Palm Beach County. One map provides an overview to show
the locations of the enclaves in question. The other two are included to provide more detail of each enclave.
The criteria for this procedure requires that all parcels are ten acres or less and are surrounded by another jurisdiction which,
in this case, is the City of Boynton Beach. A large enclave is also shown near the City's northern border; that one will not be
included in this annexation because it exceeds the 10-acre parcel size limit and will have to be approached using a different
annexation process.
Palm Beach County provided a draft of its inter-local agreement, which has now been reviewed and amended as needed by
the City attorney. Upon first reading and passage by the Boynton Beach City Commission, the inter-local agreement will be
forwarded to Palm Beach County. A number of agencies and departments will be asked to review it and provide comments,
the Board of County Commissioners will vote on adoption of the inter-local, and it will then be returned to Boynton Beach for
final passage.
All of this takes time. Our goal is to finalize this process in time for these properties to be included on the 2008 property tax
bill. We are hopeful that we can advance quickly enough to satisfy the needs of the Palm Beach County Tax Collector's
office, whose responsibility it is to adjust the tax bills for all of these parcels to reflect their annexation into the City of
Boynton Beach. The deadline for action by the County Board and City Commission is March 31,2008 to complete the
annexations for calendar year 2008.
PROGRAM IMPACT: The annexation of the parcels will provide better coordinated fire and police services as these
parcels are currently surrounded by the City.
FISCAL IMPACT: (Include Account Number where funds will come from) - None other than legal notice costs of
approximately $2,500 there will be incremental property tax revenue from the annexed parcels beginning in 2009.
AL TERNATlVES: Leave the parcels as unincorporated.
S\lllll.l.L IIN,FORMS\A(iENDA ITEM REQUEST FORM. DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
~~ ir~
Department Head's Signature City Manager's Signature
Assistant to City Manager _~__
--
Department Name City Attorney / Finance
S\llULlFTIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION R08-
2
3 A RESOLUTION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AUTHORIZING EXECUTION BY
5 THE MAYOR AND CITY CLERK OF AN
6 INTERLOCAL AGREEMENT BETWEEN THE CITY
7 OF BOYNTON BEACH AND PALM BEACH COUNTY
8 FOR THE ANNEXATION OF ENCLAVES; AND
9 PROVIDING AN EFFECTIVE DATE.
10
11 WHEREAS, Section 163.01, Florida Statutes, known as the "Florida lnterlocal
12 Cooperation Act of 1969", authorizes local governments to make the most efficient use of
13 their powers by enabling them to cooperate with other localities on a basis of mutual
14 advantage and, thereby, to provide services and facilities that will harmonize geographic,
15 economic, population and other factors influencing the needs and development of local
16 communities; and
17 WHEREAS, Section 171.046, Florida Statutes, provides for the annexation of
18 certain enclaves pursuant to an lnterlocal Agreement between a municipality and the county
19 having jurisdiction over such enclaves; and
20 WHEREAS, the City Commission of the City of Boynton Beach have determined
21 that it is appropriate and will promote efficient provision of governmental services for the
22 City to annex certain enclaves.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
26 being true and correct and are hereby made a specific part of this Resolution upon adoption
27 hereof.
28 Section 2. The City Commission of the City of Boynton Beach hereby authorizes
S:\CA\RESO\Agreements\lnterlocals\ILA with PBC (annex enclaves).doc
1 the Mayor and City Clerk to execute the Interlocal Agreement between the City of Boynton
2 Beach and Palm Beach County, a copy of which is attached hereto, that provides for the I
i
i
3 annexation by the City of certain unincorporated encalves which are identified in Exhibit I
I
4 "A" attached hereto and incorporated herein. I
i
!
5 Section 3. That this Resolution shall become effective immediately upon I
I
6 passage. I
PASSED AND ADOPTED this _ day of January, 2008. I
7 I
I
!
8 I
9 CITY OF BOYNTON BEACH, FLORIDA
10 I
11
12 Mayor - Jerry Taylor I
13 I
14
15 Vice Mayor - Jose Rodriguez I
16
17 I _.. I
18 Commissioner - Ronald Weiland
19 I I
I
20 I
21 Commissioner - Woodrow L. Hay I
I
22 I
23
24 ATTEST: Commissioner - Marlene Ross
25
26
27
28 Janet M. Prainito, CMC I
~
I
29 City Clerk
30
31 (Corporate Seal)
32 I
I
S\CA\RESOlAgreements\lnterlocals\ILA with PSC (annex enclaves).doc
INTERLOCAL AGREEMENT FOR THE ANNEXATION OF ENCLAVES
THIS INTERLOCAL AGREEMENT is made on this day of ,
2008 between the CITY OF BOYNTON BEACH, a Florida municipal corporation located in
Palm Beach County, Florida, hereinafter referred to as "City," and PALM BEACH COUNTY, a
political subdivision of the State of Florida, hereinafter referred to as "County", each entity
constituting a "public agency" as defined in Part 1, Chapter 163, Florida Statutes.
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal
Cooperation Act of 1969," authorizes local governments and public agencies 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, Section 171.046, Florida Statutes, provides for annexation of certain
enclaves by interlocal agreement between the annexing municipality and the County having
jurisdiction of the enclave; and
WHEREAS, Section 171.046, Florida Statutes, limits annexation by interlocal
agreement to enclaves of ten (10) acres or less in size; and
WHEREAS, Section 171.031 (13) (a) and (b), Florida Statutes, defines enclaves as
unincorporated developed or improved property bounded on all sides by a single municipality, or
bounded by a single municipality and by a natural or manmade obstacle that allows passage of
vehicular traffic to that unincorporated area only through the municipality; and
WHEREAS, the County and the City have determined that it is appropriate and will
promote efficient provision of governmental services for the City to annex certain enclaves; and
WHEREAS, the parcels to be annexed via this Interlocal Agreement meet the
requirements set out in Section 171.031 (a) and (b) and 171.046, Florida Statutes, as such
enclaves are developed or are improved, are ten (10) acres or less in size, and are completely
surrounded by the City or are bounded by the City and a natural or manmade obstacle that allows
passage of vehicular traffic to the enclaves only through the City; and
WHEREAS, the enclaves identified for annexation in this Interlocal Agreement are in
the City's future annexation area as provided for in the Annexation Element of the City's
Comprehensive Plan; and
WHEREAS, the County and the City agree that the parcels to be annexed via this
Interlocal Agreement are subject to the Land Use Atlas of the Palm Beach County
Comprehensive Plan and the County zoning and subdivision regulations until the City adopts a
Comprehensive Plan amendment to include the parcels to be annexed into the City's
Comprehensive Plan.
NOW, THEREFORE, in consideration of the mutual representations, terms, and
covenants hereinafter set forth, the parties hereby agree as follows:
SICA\AGMTS\Interlocal\Enclave Annex ILA.doc
Page 1 of 3
Section 1. Purpose
The purpose of the Agreement is to annex the unincorporated enclaves, identified in
Exhibit "A", attached hereto and made a part hereof, into the City's municipal boundaries.
Section 2. Definitions
The following definitions apply to this agreement:
1. The term "enclave" shall be defined as set forth in Section 171.031 (13) (a) and (b).
Florida Statutes.
2. "Act" means Part 1 of Chapter 163, Florida Statutes.
3. "Agreement" means this lnterlocal Agreement, including any amendments or
supplements hereto, executed and delivered in accordance with the terms hereof.
Section 3. Annexation
The enclaves identified in Exhibit "A", which is attached hereto and made a part hereof.
are hereby annexed into and are included in the corporate boundaries of the City.
Section 4. Rights of Way
All rights-of-way located within the enclaves are hereby annexed into and included in the
corporate boundaries of the Municipality. This includes acceptance by the Municipality of
ownership and maintenance of all rights-of-way, and the responsibility for providing emergency
services for the rights-of-way. Approval of this lnterlocal Agreement by both parties constitutes
mutual agreement by the Municipality and County pursuant to Section 335.0415, Florida
Statutes, to the transfer of the responsibility for operation and maintenance the rights-of-way to
the Municipality.
Section 5. Effective Date
This agreement shall take effect upon execution by both parties.
Section 6. Filing
Upon execution by both parties, a certified copy of this agreement shall be filed with the
Clerk of the Circuit Court in and for Palm Beach County.
Section 7. Notification
The City hereby acknowledges that it has provided written notice to all owners of real
property located in the enclaves identified in Exhibit "A" whose names and addresses are known
by reference to the latest published ad valorem tax records of the Palm Beach County Property
Appraiser. The written notice described the purpose of the lnterlocal Agreement and stated the
date, time, and place of the meeting in the City where this lnterlocal Agreement is to be
considered for adoption. The written notice also indicated the name and telephone number of the
Palm Beach County staff person to contact regarding the date, time, and place when the Palm
Beach County Board of County Commissioners is to consider the adoption of this lnterlocal
Agreement.
Section 8. Captions
The captions and section designations herein set forth are for convenience only and shall
have no substantive meaning.
S\CA\AGMTS\lnterlocal\Enclave Annex [LA.doc
Page 2 of 3
Section 9. Severability
In the event a court of competent jurisdiction hereof holds any section, paragraph,
sentence, clause, or provision to be invalid, such holding shall not affect the remaining portions
of this Agreement, and the same shall remain in full force and effect.
Section 10. Entire Agreement & Counterparts
This Agreement represents the entire understanding between the parties, concerning the
subject, and supersedes all other negotiations, representations, or agreements, either written or
oral, relating to this Agreement.
This Agreement may be executed in two or more counterparts, each of which shall be deemed an
original, but all of which together shall constitute one and the same instrument.
ATTEST: PALM BEACH COUNTY, FLORIDA, a
SHARON R. BOCK, Clerk & Political Subdivision of the State of Florida
Comptroller
BOARD OF COUNTY COMMISSIONERS
By: By:
Deputy Clerk Addie L. Greene, Chairperson
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
Assistant County Attorney
CITY OF BOYNTON BEACH, a Florida Municipal
Corporation
ATTEST:
Jerry Taylor, Mayor
Janet M. Prainito, CMC
City Clerk
(Seal) Approved as to Form and Legal Sufficiency
City Attorney
S:ICAIAGMTSIlnterlocallEnclave Annex ILA.doc
Page 3 of 3
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Bressner, Kurt
From: Broz05@aol.com
Sent: Tuesday, October 09, 2007 11 :36 AM
To: PBehn@co.palm-beach.fl.us
Subject: Boynton Annexations
Attachments: Enclaves 0707.xls
Hi, Patricia,
I apologize for the delay in getting back to this but I suspect you've had plenty to do in
the meantime!
In reviewing my report to Kurt Bressner following my meeting with you and Bruce in
July, it is my understanding that you would generate the necessary annexation
agreement for the enclaves we identified, once you received a list of PCNs from me.
They are as follows:
00-43-46-04-17 -000-0401
0402
0403
00-43 -45- 30-0 1-030-0030
00-43-45-17 -00-000-1020
The last enclave is about 40 parcels whose PCNs are attached in an excel file. These
are all ones we discussed when we met.
Please let me know what you need from me to get this done. The City would very much
like to finalize these annexations by the end of the year.
Also, please let me know the status of the question of an interlocal agreement between
the City and the County for fire-rescue service to Tradewinds.
Thanks again,
Donna
Donna Brosemer
Politically Correct, Inc.
12/20/2007
Page .~ <.lp
PO Box 32726
Palm Beach Gardens, FL 33420
561-775-1072
561-373-6796 cell
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XII. - LEGAL
DEVELOPMENT
ITEM A.l
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Citv Clerk's Office Meeting Dates in to Citv Clerk's Office
0 December 18, 2007 December 3,2007 (Noon) o February 19,2008 February 4,2008 (Noon)
[gJ January 2, 2008 December 17,2007 (Noon) 0 March 4, 2008 February 19,2008 (Noon)
0 January 15,2008 December 31,2007 (Noon) o March 18, 2008 March 3, 2008 (Noon)
0 February 5, 2008 January 14, 2008 (Noon) o April I, 2008 March 17, 2008 (Noon'-::-;
-
"D
0 Announcements/Presentations 0 City Manager's Report .~_.
0 , 0
NATURE OF Administrative New Business
AGENDA ITEM 0 Consent Agenda [gJ Legal C.,_,
............
0 Code Compliance & Legal Settlements 0 Unfinished Business '..0
0 Public Hearing 0
RECOMMENDATION: Please place this proposed ordinance on the January 2, 2008 City Commission Agenda
under Legal, Ordinances - Second Reading. The City Commission approved this request under Public Hearing, Legal,
Ordinance - First Reading on December 18,2007. See the explanation below and the attached ordinance for additional
information on this item.
EXPLANATION: The Sunshine Square Shopping Center was the subject of applications in late 2005
necessary for a mixed-use redevelopment project designed pursuant to the new MU-Low 3 zoning district. The applications
included land use/rezoning (LUAR 06-016) and new site plan approval (NWSP 06-021), and proposed a mix of uses in part,
vertically-integrated, with orientation toward both street frontages of US-l and Woolbright Road as well as internally to
create a center "square". Property ownership has changed; however, the real estate market remains unsupportive of a mixed-
use project of this scale. For aesthetic and marketing purposes, the current property owner desires to address the declining
status of the center through modifications and moderate expansions. However, the current project is non-confonning pursuant
to the new zoning district which precludes enhancements or expansions unless consistent with the approved plan. Although
the site plan has expired, the rezoning is valid for 18 months, until June of2008. Although unprecedented, staffrecornmends
that the Commission revoke the prior rezoning action to revert the site to the original C-3 district, which allows for those
planned site modifications that are greatly needed and cost feasible. The owners are committed to the property improvements
described herein, and have initiated clean-up efforts including upgrading the existing landscaping.
PROGRAM IMP ACT: N/A
FISCAL IMP ACT: N/A
ALTERNATIVES: o approve the subject ordinance leaving the current zoning in place.
,,'
City Manager's Signature
Assistant to City Manager
~ tl<<..
,/ Planning & Zoning D~r City Attorney / Finance
S:\Planning\SHARED\WP\PROJECTS\Sunshine Square\Agenda Item Request 1-2-08 2nd reading- zoning revocation.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. 07- oLli
2
3 AN ORDINANCE OF THE CITYCOMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 RESCINDING ORDINANCE 06-064 WHICH
6 REZONED FROM C-3, COMMUNITY
7 COMMERCIAL TO MIXED USE LOW 3 A
8 PARCEL OF LAND LOCATED AT THE
9 SOUTHWEST CORNER OF WOOLBRIGHT ROAD
10 AND SOUTH FEDERAL HIGHWAY; RESTORING
11 C-3, COMMUNITY COMMERCIAL ZONING TO
12 THE PROPERTY; PROVIDING FOR CONFLICTS,
13 SEVERABILITY, AND AN EFFECTIVE DATE.
14
15 WHEREAS, the City Commission of the City of Boynton Beach, Florida adopted
16 Ordinance No. 06-064 which rezoned the property from C-3, Community Commercial to
17 Mixed Use Low 3 (MU-L3); and
18 WHEREAS, the property which was the subject of 06-064 is now owned by
19 Woolbright Sunshine, LLC, which has indicated its inability to develop the land as a mixed
20 use project and has requested rescission of Ordinance No. 06-064 which will restore the
21 previous C-3 zoning designation and allow for improvements and enhancements to the
22 existing shopping center known as Sunshine Square.
23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25 Section 1. The foregoing Whereas clauses are true and correct and incorporated
26 herein by this reference.
27 Section 2. Ordinance No. 06-064 is hereby rescinded. The zoning on the property
28 will revert to Community Commercial (C-3) zoning.
29 Section 3. That the Zoning Map of the City is amended to reflect this rescission.
S:\CA \Ordinances\Planning\RezoninglRescission of rezoning - Sunshine Square(mr).doc
- I -
1 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby
2 repealed.
3 Section 5. Should any section or provision of this Ordinance or any portion thereof
4 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
5 remainder of this Ordinance.
6 Section 6. This ordinance shall become effective immediately upon passage.
7 FIRST READING this ~ day of~, 2007.
8 SECOND, FINAL READING and PASSAGE this _ day of ,2008.
9 CITY OF BOYNTON BEACH, FLORIDA
10
11
12 Mayor - Jerry Taylor
13
14
15 Vice Mayor - Jose Rodriguez
16
17
18 Commissioner - Ronald Weiland
19
20
21 Commissioner - Woodrow L. Hay
22
23
24 ATTEST: Commissioner - Marlene Ross
25
26
27 Janet M. Prainito, CMC
28 City Clerk
29
30
31
32 (Corporate Seal)
S:\CAIOrdinances\PlanningIRezoning\Rescission of rezoning - Sunshine Square(mr).doc
- 2 -
..
II
I
1 ORDINANCE NO. 06-064
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, REGARDING THE
5 APPLICATION OF SUNSHINE SQUARE CRP,
6 LLC, AMENDING ORDINANCE 02-013 TO
7 REZONE A PARCEL OF LAND LOCATED AT
8 SOUTHWEST CORNER OF WOOLBRIGHT ROAD
9 AND SOUTH FEDERAL HIGHWAY AS MORE
10 FULLY DESCRIBED HEREIN, FROM
11 COMMUNITY COMMERCIAL (C-3) TO MIXED
12 USE LOW 3 (MU-L3); PROVIDING FOR
13 CONFLICTS, SEVERABILITY, AND AN
14 EFFECTIVE DATE.
15
16 WHEREAS, the City Commission of the City of Boynton Beach, Florida has
17 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; I
I
18 and
I
I
19 WHEREAS, Sunshine Square CRP, LLC, has filed a petition to rezoning a parcel of
20 land more particularly described hereinafter; and
21 WHEREAS, the City Commission, following required notice, conducted a public
22 hearing to consider the rezoning and heard testimony and received evidence which the
23 Commission finds supports a rezoning for the property hereinafter described; and
24 WHEREAS, the City Commission finds that the proposed rezoning is consistent with
25 the Land Use described in the City's Comprehensive Plan; and
26 WHEREAS, the City Commission deems it in the best interests of the inhabitants of
27 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
30 Section 1. The foregoing Whereas clauses are true and correct and incorporated
S:\CA\Ordinances\Planning\Rezoning\Rezoning - Sunshine Square(rev EB).doc I
I
I
I
i
I
,
II
! i
1 herein by this reference.
2 Section 2. The following described land located at Southwest comer of
3 Woolbright Road and South Federal Highway, is hereby rezoned from Community
4 Commercial (C-3) to Mixed Use Low 3 (MU-L3):
5
6 All that part of the East 1/2 of the Northeast 1/4, lying West of Dixie
7 Highway (U.S. Highway No.1), LESS the North 40.00 feet, East 150 feet of
8 the South 150 feet of the North 180 feet and the South 1910 feet, Section 33,
9 Township 45 South, Range 43 East, Palm Beach County, Florida.
10
11 TOGETHER WITH:
12
13 The North 125 feet of the South 1910 feet of that part of the East 1/2 of the
.----- - .--
14-. . --.- Nortneasl I14-()f SectloIl j3~n Township 45 South, Range 43 East, Palm Beach
15 County, Florida, lying West of Dixie Highway (U.S. Highway No. 10;
16
17 EXCEPTING therefrom the following:
18
19 BEGINNING at the intersection of the North line of said Tract with the West
20 line of Dixie Highway (U.S. Highway No. I);
21
22 thence run West along the North line of said Tract for a distance of 381.54
23 feet; thence run South a distance of 125 feet to the South line of said Tract:
24 thence run due East along said South line to the West line of Dixie Highway
25 (U.S. Highway No.1); thence run Northerly along said West line to the
26 POINT OF BEGINNING.
27
28 TOGETHER WITH:
29
30 That part of Lot 1 and that part of the North 112 of Lot 2, as recorded in Plat
31 Book I, Page 4, of the Public Records of Palm Beach County, Florida, lying
32 East of the Florida East Coast Railroad.
S:\CA\Ordinances\Planning\R~oning\Rezoning. Sunshine Square(rev EB).doc
II
i
1
2 SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS
3 FOLLOWS:
4
5 Commencing at the Northeast comer of Section 33, Township 45 South,
6 Range 45 East, Palm Beach County, Florida;
7
8 thence with a bearing of South 89 degrees 43 minutes 15 seconds West, along
9 the North line of Section 33, (and the centerline of Woolbright Road), a
10 distance of 418.40 feet to a point on the Northerly extension of the West
11 Right-of-Way line of the 100 foot Right-of-Way of Federal Highway, (State
12 Road No.5);
13 thence with a bearing of South 01 degrees 02 minutes 15 seconds West, along
14 the West Ri~~t~of-Wayline of Federal Highway, a distance of 18{LOl feeHo
15 the POINT OF BEGINNING;
16 thence continue along the forementioned West Right-of-Way line of Federal
17 Highway with a bearing of South 01 degrees 02 minutes 15 seconds West, a I
I
18 distance of 55.31 feet; I
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19 thence with a curve to the right having a radius of 2814.93 feet, a central I
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20 angle of 3 degrees 53 minutes 47 seconds, an arc length of 191.43 feet and a ,
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21 chord bearing of South 02 degrees 59 minutes 09 seconds West, to a point;
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22 thence with a bearing of South 04 degrees 56 minutes 02 seconds West, a
23 distance of265.59 feet to a point; I
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thence with a bearing of South 89 degrees 21 minutes 47 seconds West, a I
24 I
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25 distance of 365.77 feet to a point; !
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26 thence with a bearing of South 0 1 degrees 12 minutes 13 seconds East, a i
27 distance of 125.00 feet to a point on the North Right-of-Way of 50.00 foot I
28 Right-of-WayofS.E. 18th Ave.; I
29 thence with a bearing of South 89 degrees 21 minutes 47 seconds West, along I
S:\CA\OrdinancesIPlanninglRczoninglRezoning - Sunshine Square(rev EB).doc
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1 the North Right-of-Way line ofS.E. 18th Ave., a distance of 475.00 feet to a
2 point on the East line of Lot 2, as recorded in Plat Book I, Page 4, of the
3 Public Records of Palm Beach County, Florida;
4 thence with a bearing of South 01 degrees 12 minutes 13 seconds East, along
5 the East line of Lot 2, a distance of 157.38 feet to the South line of Lot 2;
6 thence with a bearing of South 89 degrees 43 minutes 15 seconds West, along
7 the South line of Lot 2, a distance of 99.45 feet to the point on the East Right-
8 of-Way line of the 100 foot Right-of-Way for the Florida East Coast Railroad;
9
10 thence with a bearing of North 08 degrees 11 minutes 15 seconds East, along
11 the East Right-of-Way line of the Florida East Coast Railroad, a distance of
12 948.77 feet to a point on the South Right-of-Way line of the 80.00 foot Right-
of-W-ayforW oolbrighr Roaa; ~sal(rp~oinflYirig 40:1)(freet South of the North . - _______u_
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14 line of Section 33;
15
16 thence with a bearing of North 89 degrees 43 minutes 15 seconds East, along
17 the South Right-of-Way line of Wool bright Road, said line lying 40.00 feet
18 South of and parallel to the North line of Section 33, a distance of 685.48 feet
19 to a point;
20
21 thence with a bearing of South 01 degrees 02 minutes 15 seconds West, a
22 distance of 140.00 feet;
23
24 thence with a bearing of North 89 degrees 43 minutes 15 seconds East, a
25 distance of 150.00 feet more or less to the POINT OF BEGINNING.
26
27 A location map is attached hereto as Exhibit "A" and made a part of this Ordinance by
28 reference.
29 Section 3. That the Zoning Map of the City is amended to reflect this rezoning.
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1 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby
2 repealed.
3 Section 5. Should any section or provision of this Ordinance or any portion thereof
4 be declared by a court of competent jurisdiction to be invalid., such decision shall not affect the
5 remainder of this Ordinance.
6 Section 6. This ordinance shall become effective immediately upon passage.
7 FIRST READING this ~ day of Novem ~, 2006.
8 SECOND, FINAL READING and PASSAGE this -.!2..- day of btXbrlx:.r,2006.
9 OF BOYNTON B~~CH, FLORIDA
10 ~ -
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12
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14
15 Vice Mayor _.
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29 (Corporate Seal) I
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XII. - LEGAL - 2nd Reading
Non-Development
ITEM B.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVl
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to Citv Clerk's Office
0 December 18, 2007 December 3, 2007 (Noon) o February 19,2008 February 4,2008 (Noon)
[8] January 2,2008 December 17,2007 (Noon) o March 4, 2008 February 19,2008 (Noon)
0 January IS, 2008 December 31,2007 (Noon) o March 18,2008 March 3, 2008 (Noon)
. -~,
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0 February 5, 2008 January 14,2008 (Noon) o April I, 2008 March 17,2008 (Noont;;
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0 AnnouncementslPresentations 0 City Manager's Report "~". J
NATURE OF 0 Administrative 0 New Business ..........-.
AGENDA ITEM 0 [8] .Jj
Consent Agenda Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Please place this request on the January 2, 2008 City Commission Agenda under Legal,
Ordinance - Second Reading. City Commission/Local Planning Agency on December 18,2007, approved the subject under
Public Hearing and Legal, Ordinance - First Reading, For additional information, please see attached staff memorandum and
the draft ordinance.
EXPLANATION: This item is the 2007 update of the Capital Improvements Element and the 5-year Capital
Improvements Schedule of the City's Comprehensive Plan. The Capital Improvements Schedule includes general
government's and utilities' projects already approved by the City Commission as part of the Capital Improvements Plan for
General Government and Utilities. It also includes additional, state-required information pertaining to the [mancial feasibility
of the planned improvements. The Element's objectives and policies have been revised and amended to better meet the state
requirements contained in 9J-5,016 and 9J-5.0055, Florida Administrative Code.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
~~
Development Department Director
/~-----~ ~ Assistant to City Manager
/'
Planning & Zoning Dire&r City Attorney / Finance
S:\Planning\MA TRAS\Agenda Item Request Comprehensive Plan 2nd reading 1-2-08.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
1 ORDINANCE NO. 07-042
2
"\ AN ORDINANCE OF THE CITY COMMISSION OF THE
,)
4 CITY OF BOYNTON BEACH FLORIDA, AMENDING
5 P ART III OF THE CITY OF BOYNTON BEACH CODE OF
6 ORDINANCES, ENTITLED " LAND DEVELOPMENT
7 REGULATIONS" BY AMENDING THE CITY OF
8 BOYNTON BEACH CAPITAL IMPROVEMENT ELEMENT
9 OF THE CITY OF BOYNTON BEACH COMPREHENSIVE
10 PLAN, AS AMENDED; PROVIDING FOR AN UPDATE OF
11 THE "CAPITAL IMPROVEMENTS ELEMENT" AND THE
12 CITY OF BOYNTON BEACH FIVE- YEAR CAPIT AL
13 IMPROVEMENTS SCHEDULE; PROVIDING FOR
14 SEVERABILITY; PROVIDING FOR INCLUSION IN THE
]5 CODE AND PROVIDING FOR AN EFFECTIVE DATE.
16 I
17 WHEREAS, pursuant to Chapter 163. Part II, Florida Statutes (2007) and Chapter 9J-
18 , Florida Administrative Code, the City of Boynton Beach adopted its Comprehensive Plan
19 n compliance with the Local Government Comprehensive Planning and Land Development
20 egulations Act; and
21 WHEREAS, Section 163.3167, Florida Statutes, empowers the City Commissioners I
22 f the City of Boynton Beach, Florida to prepare, amend, and enforce comprehensive plans ,
23 or the development of the City; and
24 I WHEREAS, the City of Boynton Beach Planning and Zoning Board (as the Local i
25 lanning Agency for the City) and the City Commission of the City of Boynton Beach (in its
26 ual capacity) have conducted public hearings and reviewed and approved the amendment to
27 he City's Comprehensive Plan. and authorized the transmittal of the proposed amendment to I
28 he Florida Department of Community Affairs (DCA); and ,
I
29 WHEREAS, the City's Comprehensive Plan Capital Improvements Element includes
30 oals and policies designed to address the need for public facilities and to guide the funding I
i
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1 f improvements in such a way that the levels of service defined in all other Comprehensive
2 Ian Elements are met; and
3 WHEREAS, the Capital Improvements Element also includes a five-year Capital
4 mprovements Schedule which includes both general and utility projects as part of the Capital
5 mprovements Plan; and
6 WHEREAS, the City Commission of the City of Boynton Beach finds that the
7 doption of the amendments is in the best interest of the City of Boynton Beach and its
8 itizens.
9 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
10 HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
11 ection 1. Purpose and Intent.
12 This Ordinance is enacted to carry out the purpose and intent of, and exercise the
13 uthority set out in, the Local Government Comprehensive Plan and Land Development
14 egulation Act, Sections 163.3161 through 163.3215, Florida Statutes, and Chapter 9J- 5,
15 lorida Administrative Code.
16 ection 2. Title of Comprehensive Plan Amendment.
17 This Comprehensive Plan Amendment for the City of Boynton Beach, Florida shall be
18 ntitled - "Annual 2007 Capital Improvement Program Update". This amendment will be
19 ubmitted to the DCA as an independent package, pursuant to Section 163.3177, Florida
20 tatutes, and not within the usual twice a year Comprehensive Plan Amendment cycle,
21 ursuant to 9J-l1.006(1 )(a) 7.d and 11.006(1 )(a) 7.h, Florida Administrative Code.
22 ection 3. Changes to the City of Boynton Beach Comprehensive Plan
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1 Part III of the City of Boynton Beach Code of Ordinances, entitled "Land I
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2 Development Regulations," is hereby amended by amending the Capital Improvement
.., r:-Iement of the City of Boynton Beach Comprehensive Plan, as amended, by adopting the
.)
4 '\.nnual 2007 Capital Improvement Program Update. which IS attached hereto and
5 ncorporated herein by reference.
6 eetion 4. The 5-year Capital Improvements Schedule
7 The City Commission further adopts the 5- Y ear Capital Improvements Schedule as
8 tated in the Annual 2007 Capital Improvement Program Update, which is attached hereto and
9 ncorporated herein by reference.
10 eetion 5. Severability.
11
12 If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or
13 nconstitutional by any court of competent jurisdiction, then said holding shall in no way
14 ffect the validity of the remaining portions of this Ordinance. I
15 ~eetion 6. Inclusion in Code.
16 It is the intention of the City Commission of the City of Boynton Beach, Florida, that
17 he provisions of this Ordinance shall become and be made a part of the City of Boynton I
I
18 5each Code of Ordinances, and that the sections of this Ordinance may be renumbered or
19 elettered and the work "ordinance" may be changed to "section," "article," or such other
20 ppropriate work or phrase in order to accomplish such intentions.
21 'Ieetion 7. This effective date of this Comprehensive Plan Amendment shall be the date a
22 mal order is issued by the Department of Community Affairs finding the amendment to be in
23 ompliance with Section 163,3 I 84, Fla. Stat. (2007), or the date a final order is issued by the
24 I\dministration Commission finding the amendment to be in compliance in accordance with I
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1 ection 163.3184, Fla. Stat. (2007).
2 FIRST READING this 18 day of .'Dec.em bd" , 2007.
3 SECOND, FINAL READING AND PASSAGE this _ day of ,2007.
4 CITY OF BOYNTON BEACH, FLORIDA
5
6
7 Mayor - Jerry Taylor
8
9
10 Vice Mayor - Jose Rodriguez
11
12
13 Commissioner - Ronald Weiland
14
15
16 Commissioner - Woodrow L. Hay
17
18
19 Commissioner - Marlene Ross
20 TTEST:
21
22
23
24 anet M. Prainito, CMC
25 ity Clerk
26
27
28 Corporate Seal)
29
30
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DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING
Memorandum PZ 07-129
TO: Mayor and Commission/Local Planning Agency
FROM: Hanna Matras
Economic Planner
THROUGH: Michael W. Rumpf ~
Planning and Zoning Direy or
DATE: ~ovember28,2007
RE: 2007 Update of the Capital Improvements Element and Capital
Improvements Schedule of the Comprehensive Plan
The Capital Improvements Element (CIE) includes goals and policies designed to
address the need for public facilities and to guide the funding of improvements
in such a way that the levels of service defined in all other comprehensive plan
elements are met. It also includes a five-year Capital Improvements Schedule
(CIS).
Pursuant to the Florida Statutes (F.5.) and the Florida Administrative Code
(F.A.C.), the amendments to the Capital Improvements Element and Capital
Improvements Schedule are subject to a separate set of regulations, different
from regulations which apply to the remaining elements of the Comprehensive
Plan. All other elements can be amended on an "as needed" basis; such
amendments are "large scale" amendments and can be submitted to the
Department of Community Affairs twice a year. The entire Comprehensive Plan
must be amended every seven years, based on the Evaluation and Appraisal
Report (EAR); such EAR-based amendment will be submitted for your review at
the beginning of 2008. However, it is a state requirement (163.3177(3)(b)1., P.5.)
that the CIE be reviewed and updated on an annual basis.
The last full review of the City's Capital Improvement Element was performed as
a part of the 2000 EAR-based amendments. There has been no annual evaluation
since; moreover, the 2000 amendments did not include a Capital Improvement
Schedule. Therefore, the 2007 update has been completed to bring the City into
compliance with state law.
Please note that the 2007 Capital Improvements Plan (CIP) alone, as developed in
conjunction with the annual budget adoption process and approved by the City
Commission (in September and October, for non-utilities and utilities' projects,
respectively), does not meet state requirements for the Capital Improvements
Element's Capital Improvements Schedule and related analysis. The Capital
Improvements Plan lists all projects to be undertaken by the City. In contrast, not
all CIP projects need to be included in the CIS, but additional information
pertaining to both the projects and the revenues to fund them has to be
incorporated into the Schedule. Information must reflect timing and funding of
projects to meet or maintain adopted levels of service standards for public
facilities or implements the goals, objectives and policies of the Comprehensive
Plan, and, most importantly, must demonstrate financial feasibility of the CIS as
per Section 163.3164(32), F.S.. This information is usually lacking in a CIP budget.
With respect to annual updates of the Capital Improvements Element, the
requirement for the financial feasibility of the Capital Improvements Schedule
was the most pertinent legislative change among those implemented between
2005 and 2007. Financial feasibility means that sufficient revenues are currently
available or will be available from committed funding sources for the first 3
years, or will be available from committed or planned funding sources for years
4 and 5, of a 5-year capital improvement schedule for financing capital
improvements, such as ad valorem taxes, bonds, state and federal funds, tax
revenues, impact fees, and developer contributions, which are adequate to fund
the projected costs of the capital improvements identified in the comprehensive
plan necessary to ensure that adopted level-of-service standards are achieved
and maintained within the period covered by the 5-year schedule of capital
improvements.
These new requirements must be fully met by December I, 2008. Failure to do so
will result in significant sanctions: the City may not be able to process future
land use amendments or, if /I the lack of commitment" is determined, remedial
actions by the Administrative Commission may result in a loss of some revenue
sources until compliance has been restored.
It is clear that the ongoing volatile fiscal environment implies a deep uncertainty
regarding the capital improvements plan both for the next 5 years and beyond. In
the meanwhile, staff has done the best to meet the new requirements in the 2007
update. As per these requirements, /I corrections and modifications concerning costs;
revenue sources or acceptance of facilities pursuant to dedications which are consistent
with the plan may be accomplished by ordinance and shall not be deemed to be
amendments to the local comprehensive plan. A copy of the ordinance has to be
transmitted to the state land planning agency. An amendment to the comprehensive plan
is required to update the schedule on an annual basis or to eliminate, defer, or delay the
construction for any facility listed in the 5-year schedule",
As per 163.3177(6)(b)1 of P.5., the capital improvements element annual update
requires a single public hearing, which is the adoption hearing. If the Local
Planning Agency finds the proposed amendments consistent with the
Comprehensive Plan and the City Commission adopts them, the amendments
will then be transmitted to DCA.
Table of Contents
INTRODUCTION
SECTION I: OBJECTIVES AND POLICIES
Overview of the Proposed Amendments to Objectives and Policies of CIE.........i
Capital Improvements Element: Goals, Objectives and Policies .................,........ 9-1
SECTION II: CAPITAL IMPROVEMENTS SCHEDULE
A. Background Analysis........ ..... ...,.... ...... ......,.'.... ,.".. ,....'..... '......, ....9-11
B. CIS For Facilities Financed by Non-Enterprise Funds
Summary Tables ..... ..... ............. .......... ..... ...... ........... ...... ......... ................. ............ 9-20
B1: CIS For Parks and Recreation.................................................................... 9-23
B2: CIS For Roads ..... .............. ................................. ......................,..............",... 9-25
B3: CIS For Municipal Buildings...................................................................... 9-26
C. CIS For Utilities ................ ................................. ..................,............,...... ......'...... 9-27
Project Overview......... ............................ ............................................................. 9-28
Funding Capital Improvements For Utilities................................................... 9-35
Funds Summary Tables and Project Expenditures....................................... 9-37
D. CIS For Palm Beach County School District
Attachments
1. Copy of the current Capital Improvements Element
2. Availability of solid waste disposal capacity (copy of SW A letter)
3. Copy of the Palm Beach County Comprehensive Plan section pertaining to
mitigation measures for Boynton Beach CRALLS
4. Copy of Ordinance 07-023, amending rate schedule for utility services
5. Location maps for selected utility projects
6. Strategic Plan for Recreation and Parks Department with the proposed draft
of Recreation and Open Space Element
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33425
The capital improvements element, as stipulated by 9163.3177(3) of Florida
Statutes (F.S.), is required to show the financial feasibility of providing public
facilities at the adopted levels of service outlined in other elements of the
Comprehensive Plan, and to provide a short-term (five-year) capital
improvements schedule for the provision of those facilities and services to ensure
their availability concurrent with development.
The City of Boynton Beach Capital Improvement Element was originated in 1989.
The element was amended following the Evaluation and Appraisal Report in
2000, and again in 2001 in conjunction with the adoption of the Public School
Facilities Element. The Capital Improvements Schedule developed in 1989 was
placed in the Element's Support Document but never adopted into the
Comprehensive Plan, nor was it updated at the time of the 2000 EAR-based
amendments.
Pursuant to 9163.3177(3)(b)1 (F.s.), the capital improvements element must be
reviewed and updated on an annual basis and modified as necessary to maintain
a financially feasible 5-year schedule of capital improvements. The Capital
Improvement Plan that the City adopts annually as part of the budget process
falls short of meeting all requirements for a capital improvements schedule as
listed in 9163.3177(3) F. S..
To amend this deficiency and address other issues identified in the Evaluation
and Appraisal Report adopted on February 2007, the City is submitting the 2007
update of the Capital Improvements Element with the Capital Improvement
Schedule. The methodology used in this update meets all state requirements,
including requirements regarding financial feasibility as enacted by the Florida
legislation in 2005 (9163.3164 and 9163.3177, F.s.).
The 2007 update of the Capital Improvement Element goes well beyond changes
recommended in the Evaluation and Appraisal Report. The element has been
revised and amended to better satisfy the state requirements contained in 9J-
5.016 and 9J-5.0055, Florida Administrative Code. As a result, some sections have
been streamlined as appropriate or removed as no longer applicable, and some
objectives and policies added or modified. Both the proposed and current
versions of the element are provided, the latter with marked changes and
comments.
The City is currently working on EAR-based amendments to all other elements
of the Comprehensive Plan, which will be submitted to the Department in the
first quarter of 2008. Extensive revisions will be proposed to some elements,
including Land Use, Coastal Management and Recreation and Open Space. In
the case of Utilities and Recreation and Open Space elements, proposed
amendments include changes in the Level of Service standards or definitions.
The proposed changes are reflected in the enclosed amendments to the Capital
Improvements Element, including analysis underlying the 5-year Capital
Improvements Schedule.
Pursuant to 9163.3180(6), P.5., each local government must submit annually, with
its updated capital improvements element, a summary of the de minimis impact
records. Since the City has not issued any de-minimis permits, no records are
provided.
.. ..:IONI
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_l&;rIW.,~~.POI..ICIES
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As explained in the INTRODUCTION, the 2007 amendments to the Capital
Improvement Element are extensive and go well beyond changes recommended
in the Evaluation and Appraisal Report. The main objective of the rewrite was to
streamline and reorganize the objectives and policies to improve the element's
clarity and attain full compliance with the state requirements contained in 9J-
5.016 and 9J-5.0055, Florida Administrative Code (F.A.C).
Since the changes are so extensive, providing the current version with marked
changes is impractical. Instead, the following section provides a brief summary
of the proposed amendment.
1. The first three sections of the current Capital Improvement Element
pertain to Sanitary Sewer, Potable Water and Parks. The policies
contained in these sections are repeated from Utilities and Recreation and
Open Space elements. These sections would be removed; instead, the
proposed policies (9.1.4 and 9.1.5), in accordance with the overall goal for
the element, explicitly state that the capital improvement schedule must
recognize the policies of other comprehensive plan elements. The policies
concerning the level of service standards would be moved to the
proposed concurrency section (Objective 9.2).
2. In the current version, policies regarding public school facilities are placed
in the Public School Facilities section as well as in several other sections of
the element. As proposed, this section would be eliminated, and its
policies allocated to specific objectives according to their contents. Please
note that all proposed changes pertaining to public school facilities were
reviewed and endorsed by the Palm Beach County School district
planning staff.
3. The policies under the current Objective 9E.l regarding the process to
update the Capital Improvement Element would be moved to the first
Objective (9.1) of the proposed version.
4. The proposed concurrency section (current Objective 9E.2) is expanded
with the inclusion of the concurrency system requirements as per 9J-
5.0055, F.A.C.. Moreover, a lengthy policy 9E.5.2 addressing the
availability of public facilities to serve developments for which
development orders were issued prior to the adoption of the plan would
i
be replaced by policies 9.2.11 and 9.2.12. The first policy would assert that
impacts of such developments were incorporated into the level of service
standards for all facilities for which such standards have been adopted
and are therefore reflected In the proposed Capital Improvement
Schedule. The second would further ensure that vested rights of any
development are not impaired pursuant to Florida Law.
5. The current Policy 9E.5.4 deals with the availability of public facilities to
serve development projects, referred to as II exemptll, for which
development orders were issued prior to the effective date of the City
Concurrency Management Ordinance. The ordinance went into effect in
1990 and all such projects are vested in accordance with the original
approvals.
6. The current Objective 9E.3, pertaining to the private developersl
participation in facilities' improvement cost on proportionate share basis,
would be replaced by Objective 9.4. Additional policies within this
objective would list the possible form of contributions and list the three
programs through which the city currently collects the proportionate
share contributions from new developments - the Park Impact Fee, the
Water, Wastewater and Stormwater capital facility charges and the
Proportionate Fair-Share Mitigation of Transportation Impact Program.
7. The current Objective 9.E.4, pertaining to the City's capital program's
revenues, would be replaced by Objective 9.4. The new Policy 9.3.2
commits the City to maintaining the financial feasibility of the Capital
Improvement Schedule as per new state requirement, defined in Section
163.3164, F.s.
The copy of the current Capital Improvement Element is attached.
ii
City of Boynton Beach
Capital Improvements Element
Goals, Objectives, and Policies
Goal 9. The City shall provide adequate public facilities to meet
existing needs and accommodate fu~-$'owth consistently
with objectives and policies of iflf elements of this Plan
through a comprehensive cost-gJei#ifI.:lf funding strategy.
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Objective 9.1 The City shall provide, o..sarrange for otherB'6. provide, capital
improvements necessa~orrect ~ficiencies 'it existing public
facilities, to serve projeCtecfEfi.tl1re ~h and to ~e obsolete
and worn-out facilities, in a~~ce with an a46pted Capital
Improvements ~edule.
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Policy 9.1.1 The Capital Imp~~i~s. Schedule!i;~~all_> include facilities that
promote public healli! an~~ and all :fa.fities for which the Level
of Sentice Standara~s ~e:R::;;~pptee: Roads, Potable Water,
W~~Stormwata~olid ~ Collection, and Parks and
~eation.'e Capital Ji!provemen"'.Schedule may also include other
~~es that~ance the ~1ity of life for City's residents.
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Policy 9.1.2- Begi~ ~n~H:~1ffiall include in the Capital Improvements
..::=:-" ~ule ~.e year t~ially feasible public school facilities program
.. ....... esf~hed irL~njunction with the Palm Beach County School District.
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Policy ~3 The C~tal I~ovement Schedule shall be organized by the
#," followiniEbroad priorities: issues related to public health and safety
. . shall rec~e first priority, issues related to providing the adopted level
-=l. servief'shall receive second priority, and all other additional issues
snil~ addressed as needed to maintain operational efficiency in the
City
Policy 9.1.4 By 2008, the City shall establish specific priority criteria for reviewing
capital improvements projects. The criteria will reflect cost feasibility
and effectiveness, relative magnitude and term of need,
intergovernmental commitments, the ability to take advantage of other
jurisdictional capital improvements, and overall budget impacts.
Project evaluation may also involve additional criteria that are unique
to each type of public facility, as described in other elements of this
Comprehensive Plan.
City of Boynton Beach 9-1 Date: December 18, 2007
EAR-based Comprehensive Plan Capital Improvements Element
Amendments
Policy 9.1.5 The Capital Improvements Schedule shall implement fiscal policies to
direct expenditures for capital improvements which recognize the
policies of the other comprehensive plan elements.
Policy 9.1.6 Public facilities projects listed in the Capital Improvements Schedule shall
maintain adopted levels of service standards for existing and future
development in a manner and location consists. with the Future Land Use
Element of this Comprehensive Plan. ___....::-~
-
Policy 9.1.7 The City shall continue to recggiiil.zl:!ii,~at capital expenditures
necessary for renewal, replac~t or ii4~~ovement of existing
facilities take precedent over ~sf~m or ar~!:pated future facility
d ._.-
nee s. _:::: , .., .'.
-, -
...;;.....'-:.::.. ..::;.., "-<-:
Policy 9.1.8 The City shall continue to el~e pol~Ia~~ of ObjectiV~~~ contained
in the Coastal Management El~~thaflimits pu}iic expenditure
enabling or sub~zing developm~!iimd redevelopment at increased
density in the Coa~h Hazard A~l!l::
~:,.,',," '",~.'.','~'." '..~
Policy 9.1.9 The City shall moi!tor am~" 'eyaluate E.e Capital Improvements
Elem~n an anii.!aI ~i~rpaffirm the City's Capital
I~velln,u,l Schedu~~n conJ!!iction with annual budget
dE:beration~d adoph~. UpdateCi Capital Improvement Element
;'~Capita.eImprovemeit ~hedule shall be transmitted to the
Dep~pnt~ommunity ~~airs no later than December 1st of each
_ -M":.ear. . ....,. _"~7
~. ','" "'-- ~'
- ~ ~
- ----.,~
O~ve 9.2 ThE!: €ity . s'iiiU <;.ontinue to require that development and
;: .,.. .... .... redevet.iJ?ment 'fj9posals are approved conditioned upon existing
-. ......... service liailabilify or the scheduled provision of additional services
'. at the a@pted level of service standards and meet existing and
..... .....~~ture ~ity needs.
Policy 9.2.1 ~:ffiy shall enforce the Concurrency Management System as set
form in the City's Land Development Regulations to ensure that public
facilities and services needed to maintain adopted Levels of Service
standards are available concurrent with the impacts of development.
Prior to the issuance of a development order or a building permit, the
concurrency review shall establish the following:
· Finding on the impacts created by the proposed development
· Finding as to whether the public facilities covered under the
Concurrency Management System will be available concurrent
City of Boynton Beach 9-2 Date: December 18, 2007
EAR-based Comprehensive Plan Capital Improvements Element
Amendments
with the impacts of new development at the adopted Level of
Service;
. Finding of facility(s) improvements or additions that are required
to ensure the finding of concurrency; and
. Finding of the entity responsible for the implementation of all
required facility(s) improvements or additions.
Policy 9.2.2 The Concurrency Management system re5J.!i~,ements will be satisfied
if, at the time development order or peaiiit iris sued, one or more of
the following conditions are met: __ - ...
For potable water, wastewater, stQr~ater aM:=solid waste:
-'- - -
--' _. .,. -
- - -
- - -
-,- -:
. A development permit essued supject to the ~ition that, at the
time of issuance of c~e of oc~ancy, the necessary facilities
and services will be in place}[,:Ut .=?: -::::. ::.:;:-
. The necessary facilities an~:::~:.;crvices are guaranteed in an
enforceable d~()pment agreerrtl!!~ to be in place to serve the new
development a~e of issuance~:t the certificate of occupancy.
The developme~a~+eTlt may in~ but is not limited to,
development agr~ents~rlTlt to~ction 163.3220, F.5., or an
~t or deve~~t o~ed pursuant to Chapter 380,
3'S "- ~ ~
'.. - ~. -
..=:::::: .~ ~ -
- - -
~- - -.
- -
-; ~ - -
Fot~~ks a~ecreation: So .-
- - -'
- -
---.. -
- - ...-
_' eaJhe IlClIcessary ta:~ -and services are in place or are under
.. - ""~~n~truc.at the ti.IDe a development permit is issued; or
'>-:- · k~:f>velopl~t ~rmit is issued subject to the condition that the
- e. '. nec'ii<lry fa(5.nies and services are to be in place or under
.. ........ consfiiction not more than one year after issuance of certificate of
, occu Iii lCY; or
. ...:-s.. A d~lopment permit is issued subject to the condition that, at the
~~of issuance of certificate of occupancy, funds in the amount of
~~veloper' s share are committed; or
. -At the time the development permit is issued, the necessary
facilities and services are the subject of a binding executed
agreement which provides for the commencement of the actual
construction of the required facilities or the provision of services
within one year of the issuance of a certificate of occupancy; or
. The necessary facilities and services to serve new development are
guaranteed in an enforceable development agreement to be in place
or under construction not more than one year after issuance of
certificate of occupancy. An enforceable development agreement
may include, but is not limited to, development agreements
City of Boynton Beach 9-3 Date: December 18, 2007
EAR-based Comprehensive Plan Capital Improvements Element
Amendments
pursuant to section 163.3220, F.S., or an agreement or development
order issued pursuant to Chapter 380, F.5.
For roadway facilities:
. The necessary facilities and serVIces are In place or under
construction at the time a development permit is issued; or
. A development permit is issued subj~2 the condition that the
necessary facilities and services al:e?' to "i:>e in place or under
construction not more than three~ after issuance of certificate
of occupancy; or ...... " .
· At the time the develop11lliit~ermit l~,j': issued, the necessary
facilities and services are ~ stffiject of a bifti.l)'~g executed contra~t
which provides for the .aanunencef!.lent of the a~l construction of
the required faciliti~~e provI~n of servic~l~more than
three years after the issuan(lr' ~f a ~~te of occuP.iiFtcy.
· The necessary' facilities and s~s to serve new d~velopment are
guaranteed in~.enforceable dev~k!pment agreement to be in place
or under const~not more tHaiitl;rree years after issuance of
the certificate ~f~ncy. An:~: ;::iilfbrceable development
agreement may laclud~ is . n~"'imited to, development
~~I~lnts pursuait t~cti~220, F.S., or an agreement or
...::ifevelo~nt order i~d pursuq~to Chapter 380, F.S.
:,;!!';-i:8. propo~d developnlipt may be deemed to have a de minimis
~ct a@.not be subjeCi:tQ:ithe concurrency requirements.
_-" '.'. ---'. ......... '.. ~0'
Policy ~......,... · ~he C~;;9f pti1Jli~ol facilities, the issuance of development
_- ot~~~~(, devel~r,fllent pernuts or development approvals shall be based
,- '. upo~ Scho~i~tJ:ict of Palm Beach County's ability to maintain the
".- '" minim~ level (ji?service, The necessary facilities shall be considered
< .. to be in itace when sufficient capacity exist in the concurrency service
. .>. area (CSj) in which the proposed development is located, or an
"'~~~~ly adjacent CSA.
Policy 9.2.4 Cd~urrency review for public school facilities shall require the
applicant for a development order which includes any residential
component to provide a determination of capacity by the School
District of Palm Beach County that the proposed development will
meet the public school facilities level of service. A determination by the
School District is not required for permitting of single-family
residences on existing single family legal lots of record.
Policy 9.2.5 The City shall consider as committed and existing the public school
capacity which is projected to be in place or under construction in the
first three years of the School District's most recently adopted Five
City of Boynton Beach 9-4 Date: December 18, 2007
EAR-based Comprehensive Plan Capital Improvements Element
Amendments
Year Plan, as reflected in the Five Year Capital Improvement Schedule
of the Capital Improvement Element of the City Of Boynton Beach's
Comprehensive Plan.
Policy 9.2.6 The availability of public facilities shall be determined and measured
for the required public facility types using the following Level of
Service (LOS) standards:
-
. for sanitary sewer - 100 gallons..#'i' ~ita per day for the
maximum month average daily fl~ peak population
. for potable water supply and,t:i!atm~ 200 gallons MDF per
- -
capita of peak population .::., . .
. for solid waste - 7.2 pOllSfs "iter -capita pal? day with bi-weekly
pickup . ., . .. .
- - -
. for drainage - design::rOI. ~i-year sfatm for the d~m3(ln:<>f the time
of concentration of the wateiiBed .=-'~ ._,
--' - ,~
. for drainage - floor elevation ~e 100 year storffi(a minimum of
six inches abo~the crown of an~!,ltting road)
· for parks: 2.5 a~veloped pariland p~er 1000 population
- _. --,
~ - ~
-.- ~
-~, -
The city shall providi!. a m~~jcle ~portation network based
on ..tk~owing mini!l~eve~:Vice standards, except within
&transp~tion conc1l!l'ency exce;tion area (TCEA) and designated
~~~trainedii>adways at Slower level of service (CRALLS):
...~. - ......
_. - -
-, - --
_. ,- --
- --, -
__. Le~l:::~a~::~i!;:e. "D" o~etter for peak hour conditions on all
__ ' .unsp~!icd CIty le~a. collector highway facilities.
.,;;;- . · ~el of ~~ilYice "D" tor peak season peak hour conditions on all
.. ... .... . Ul.cifie~~l facilities.
, .. ..... · Le~of Seriiiee "D" for 1-95 through the City, Boynton Beach
... . Boul~d ffum Old Boynton Road to 1-95, NW 22nd Avenue
..... betw~ Congress Avenue and 1-95, Congress Avenue between
. BoyI]!Dn Beach Boulevard and NW 22nd A venue and Boynton
c'Beaifl Boulevard east of 1-95.
· ~vel of Service "Maintain" for all facilities that have been
identified as Backlogged and Contrained (where Level of Service
standards have been exceeded), except within TCEA and CRALLS.
The School District of Palm Beach County shall maintain minimum
level of service standards for public school facilities as follows, in
accordance with the adopted Interlocal Agreement:
City of Boynton Beach 9-5 Date: December 18, 2007
EAR-based Comprehensive Plan Capital Improvements Element
Amendments
. The level of service is a school's utilization, defined as the
enrollment as a percentage of school student capacity based upon
the Florida Inventory of School Houses (FISH).
. The level of service standard for all schools shall be 110 percent
unless the school is the subject of a School Capacity Study (SCS)
undertaken by the School District, working with the Technical
Advisory Group (TAG) which deterIIli.$.,that a particular school
can operate in excess of 110% utiliza~ NO"school shall operate in
excess of 120% utilization. The S~i:iWI be required if a school in
the first student count of the ~on~ester reaches 108% or
higher capacity. "='~'~-'.
. , . "':::;..:;: ~ .... u~...:.,
Policy 9.2.7 The advisory Levels of Se&ice stanqards have 1;eem established for
recreation facilities. The:?liifawing Standards are'~ part of the
concurrency evaluation but ~ ("~"~all consid,ped them as
guidelines in the ~apital improve:m~'A7project review: ,:....
Baseball/Soft~ J per 15,OOO~ns,
Baseball, Reg-l ~ ~rsons, . .... '....
Basketball Courts ~ per~sons/;:'" .'
G;'IHUB#'.Oity Center~ ~r 2~isons,
gitness~ils -1/30,l3IIJ .;., .'
,::~Dotball~ccer Fields~ per 40,000 persons,
~dbal~acq. Courts ~ FBr 10,000 persons,
_, Pic~~..~ 1 per 3,OO~prsons,
-' ~lay~ds - Ipit~eO persons,
>. '~~dtipu~e Fields -1 per 10,000 persons,
..~,---:" SFi~eboa.r~~Q'litts -1 per 5000 persons,
.. .. .., , , Sw~ng P<i'liB - 1 per 40,000 persons,
'..:. '. Tenm~ourts -1 per 2,000 persons,
.-.-.. Bocce5:ourt -1 per 25,000 persons,
'... .......'.. Voll~all Court -1 per 15,000, and
. 'n~~park -1 per 65,000.
Policy 9.2.8 Fo;- areas to be annexed, which are platted, developed, under
development, or have approved development plans in Palm Beach
County, the level of service for parks at time of annexation shall be
assumed to be that created by existing park facilities serving the area,
Policy 9.2.9 All community redevelopment plans adopted by the City Commission
shall include an evaluation of public facilities which serve the
redevelopment area to determine whether the levels of service
contained in the Plan are met, and to examine sources of funding for
any necessary capital improvements related to these public facilities.
City of Boynton Beach 9-6 Date: December 18, 2007
EAR-based Comprehensive Plan Capital Improvements Element
Amendments
Policy 9.2.10 The City shall continue to coordinate capital improvement projects
with plans of agencies that provide public facilities within the City as
follows:
Waterways:
Boynton (C-16) Canal: ,.-=-
The findings and recommendations co~ning:- the primary drainage
facilities shall be coordinated w~e South Florida Water
Management District and Lake W q!ffbraiil~17,e District.
.... - -
-- - ~
- - -
- - ~
The City's stormwater pla~ sha:li be coordm'$llil'rl with the drainage
studies which will be condIded by thEZ., Lake W orttt&ainage District.
~. - -.
-;:-- ~_: ;
- - ~
Intracoastal Waterway: '. ", ~~ :::-
The design of P1;1blic facilities ~i5 are over, adjacent to, or in the
Lake Worth Lagliln or the Intracocii&tI Waterway shall comply with
the requirements ~Inland Navi~on Pistrict and the Army
Corps of Engineers. '='i ' ,'" · .. '-
":. ------.. - . ='"
~ ----... - -
R d.....,..' 0::...# - - 7'
oa!f~" -=- ..::::=" -
~ - -',- ~
.=: '--, ~ =
- - - ._-
- - - -
.,:'Sis:..city sh~ coordinate ~ajor road improvements with Palm Beach
.' Co~(, M@opolitan P~mng Organization and the Florida
_ Dep~--r:~~ortati~ and lobby them to ensure funding and
~ ,. ~truc~of nee<:re.a.~ovements to state highways.
- .......-... - --
- - ---,--
~ The ~ital lIit~ment Schedule shall include all improvements
- ..... " made tiitate-an~ounty roadway facilities by the Florida Department
.. . of TranSjprtation and Palm Beach County that are essential for
, ", maintainmg the level of service on facilities within the City's
:'liIoun~s.
P~t School Facilities:
The City shall provide the School District with annual information
needed to maintain school concurrency, including information
required for the School District to establish:
. School siting criteria;
. Level of service update and maintenance;
. J oint approval of the public school capital facilities program;
. Concurrency service area criteria and standards; and
. School utilization.
City of Boynton Beach 9-7 Date: December 18, 2007
EAR-based Comprehensive Plan Capital Improvements Element
Amendments
Policy 9.2.11 The City has incorporated the impacts of development orders issued
prior to adoption of this Plan in the level of service standards for alI
facilities for which such standards have been adopted. Therefore, the
Capital Improvement Schedule identities the projects necessary to
maintain the adopted level of service standards; this ensures the
availability of public services for previously issued development
orders.
.- ,,-
- ~
-'" ~,
Policy 9.2.12 Notwithstanding the provisions of -~;.Plan to the contrary, the
requirements of this Plan shall be IDMntalrijiQ so as to not apply in any
manner to impair vested rights esfaB,ijshed p~ant to Florida Law, to
the extent that any develo~n17-.::.or portioil~reof, is vested as
against the requirements o~s Plan. _..... ,.. .
- "':'~- .......-..
'" .... ~.. "'S;;.;..,':_"",.;
Objective 9.3 The City shall maintain a c.i~I~gA..;{ll that can ~. adequately
accommodated by projected reve~ or other finandil resources.
- -
~ -
- -
- -
Policy 9.3.1 Capital Improveme.!1:S..Ihall be finance(ij~d d~bt shall be managed, as
follows: ~ --- , . .... . ,.,-=-
-... '-'. ~
· Public facilities fi~ced ~prise#Unds (i.e. utilities - potable
wat~.sa],l1tary sewer, "it.oJ:Stwate~waste, and golf course) shall
b~nance~,: -;.:-' ~-;:-
~, ~ ~
__..', -', =i :
, ! ,.:~ Deil to be repa~ user fees and charges for enterprise
~,-, -
-- ~~il:1e; lU='; , E
-' ._~ ""-"'-- '.~_'"':'~
-, - C~i~rnt asset~ (i.e., reserves, surpluses, and current revenue,
-. _.
~..,: ' ""',.':':.9 -.' . .... incl~6ansfers); or
~ ~ ~
----- --.,,-
- ~-,
......--.., ~-..
-. -:,-'
'> .. 0 =- combination of debt and current assets.
.. ~:. PubliEfacilities which are financed by non-enterprise funds (i.e.,
~~arks, library, fire service, police protection, and government
bu1ifings) shall be financed from current assets: revenue, equity
and/ or debt. Financing of specific capital projects shall depend on
which asset, or group of assets, will be most cost effective, consistent
with prudent asset and liability management, appropriate to the useful
life of the project(s) to be financed, and make the most efficient use of
the City's debt capacity.
Policy 9.3.2 The Capital Improvement Schedule shall be financially feasible as
defined in Section 163.3164, Florida Statutes. Specifically, the City shall
ensure that sufficient revenues are currently available or will be
available from committed funding sources for the first 3 years, or will
City of Boynton Beach 9-8 Date: December 18,2007
EAR-based Comprehensive Plan Capital Improvements Element
Amendments
be available from committed or planned funding sources for years 4
and 5, of a 5-year capital improvement schedule for financing capital
improvements, such as ad valorem taxes, bonds, state and federal
funds, tax revenues, impact fees, and developer contributions, which
are adequate to fund the projected costs of the capital improvements
identified in the comprehensive plan necessary to ensure that adopted
level-of-service standards are achieved and maintained within the
period covered by the 5-year schedule ofc~{mprovements.
Policy 9.3.3 The City of Boynton Beach shall Aa3~!tain a maximum cap for
long-term general obligation debt~% dae total assessed value of
both real and personal proper~~ the ~limits. This cap shall
be adjusted annually to re~tli~ ~nnual c~es in the assessed
value. There shall be no lia'itation on the use of~nue bonds as a
percent of total debt se~elS'he Citi~ ' '....',-.
- - ~
- - ------
.............-- ~
- ~' ~, .-
Objective 9.4 The City shall continue to provia~~ pri~ate developers participate
on a proportion~share basis il'Ffi"'y facility improvement costs
necessary to ma~~the adoptea.::i~::'(>vel of service standards
specified in Policy v.a "i!::~pital facil~i:tiarges, impact fees and
any other legally ava'l.!ble ~pri~methods.
--', - -- ~ ._"'"
--. '~~ '-
Policy 9.4.1 T~existur~nd future ~elopme~all pay a proportionate cost of
~J;apital ffiprovement ~cessary to maintain the adopted level of
. ser~ Exisj!tg developffia:l.t:& payment may take the form of user
_ fees, s~~ia~~ent and ~es. Future development's payment may
_. .' take a I~. of, b~e limited to, impact fees, capital facility
; c~, d~~Hons ot land, provisions of public facilities, and
__- . volul~Y confii!l'lti.ons.
'"~' "."".-'" -'" ~
Policy 9.~, The Ci~hall continue the implementation of the Park Impact Fee
." Program'Eallowing for land dedication in-lieu of the fee payment, to
ensure thit new development pays a proportionate share of the costs of
MRls ~tal facility capacity needed to address the demand for such
fa~~s generated by new development.
Policy 9.4.3 The City shall continue the implementation of the Water, Wastewater
and Stormwater capital facility charges to ensure that new development
pays a proportionate share of the costs of the water, wastewater and
stormwater capital facility capacity needed to address the demand for
such facilities generated by new development.
Policy 9.4.4 The City shall continue to implement its Proportionate Fair-Share
Mitigation of Transportation Impact Program to allow for
proportionate share contributions from developers toward traffic
City of Boynton Beach 9-9 Date: December 18, 2007
EAR-based Comprehensive Plan Capital Improvements Element
Amendments
concurrency requirements by contributing their share of the cost of
improving the impacted transportation facility. Proportionate Fair-
Share mitigation contribution may include private funds, contributions
of land, and construction and contribution of facilities; the City shall
continue its preference for the actual construction of facilities over
contribution of funds.
City of Boynton Beach 9-10 Date: December 18, 2007
EAR-based Comprehensive Plan Capital Improvements Element
Amendments
I
I
I
The 2007 Boynton Beach Capital Improvements Schedule (CIS) covers a short term, 5-
year planning period. The City has not identified any deficiencies requiring an adoption
of a long-term concurrency management system pursuant to 9163.3180(9), F.5., and thus
does not need to extend its CIS past the short-term planning horizon.
Tables A and B on the following page contain population projections for the City and the
City's water service area. The projections for the City come from two sources: Palm
Beach County Planning Division and the Metropolitan Center of the Florida
International University. The Palm Beach County arrives at the municipal projection
figures by disaggregating county-level forecasts produced by the Bureau of Economic
and Business Analysis of the University of Florida. The Metropolitan Center projections,
produced in June of 2006, include low, medium and high scenarios. As shown in Table
A, 2010 and 2015 projections by county are very close to the Metropolitan Center high
scenario City's figures, not unexpectedly since the latter are housing unit-based and
therefore derived with the use of similar methodology.
In 2007 Boynton Beach population fell by 0.3%. As other municipalities in the Palm
Beach county either lost population or experienced flat growth, and the Palm Beach
County School District student emollment fell for the second straight year, the small
population loss by the City appears to be a part of a general trend. Given the prolonged
downturn in residential markets and the overall economic climate, the population
growth over the next 5 years is likely to be weaker than previously thought, and the
population projections for this period have to be adjusted forward. For example, the
county projections show a population of 81,446 for 2012. With the 2007 figure of 66,872, a
population increase of 14,574 with the underlying annual growth of 4% over the next 5
years is simply not realistic. The Metropolitan low scenario (see Table B) implies a
slightly lower figure, but still well beyond what can be considered a reasonable estimate.
Since the 2000 Census, the City grew on average about 1.5% per year. Staff used this
annual increase to produce a short-term, 5-year adjustment to the population
projections. The adjustment generated a 2012 population projection of 71,934, likely a
"reasonable estimate". Long term projections may have to be adjusted as well.
The adjusted 5-year projections are used for the level-of-service standards calculations
for public facilities and services provided within city's boundaries. For water and
sanitary sewer facility planning within the entire service area, the City uses the
Metropolitan Center housing unit-based projections (which, in case of the total service
area, constitute a low scenario).
9-11
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The current Boynton Beach Comprehensive Plan's Recreation and Open Space Element
determines the Level of Service standard for district parks to be 2.5 acres per 1000
residents. Both the neighborhood parks Level of Service and the recreation facilities
Level of Service standards are advisory. However, there is an inconsistency between the
Recreation and Open Space Element and Capital Improvement Element; the Policy
9C.2.1 of the latter, which has not been amended concurrently with the policies of the
Recreation and Open Space Element, implies that neighborhood parks' LOS of 2.5 acres
per 1000 persons is also an adopted, and not advisory, standard.
Furthermore, Policy 9C.3.5 of the Capital Improvement Element states that the City shall
continue to require a minimum of 6 acres per 1000 population for park dedication/ fee-
in-lieu. This policy has not been amended concurrently with the City's Land
Development Regulations. In 2002, the City changed the methodology of impact fee
imposition from one based on land dedication to one based on an impact fee solely
dependent on the type of residential development.
In 2004 the City contracted with a consultant to develop a Parks and Recreation Strategic
Plan for the City of Boynton Beach and to revise the Comprehensive Plan element based
on the adopted Strategic Plan, the Conceptual Parks and Recreation System Map and
narrative and Implementation Strategies. A new draft Recreation and Open Space
Element was adopted by the Commission on April 18, 2006, as a part of the Strategic
Plan. It will undergo a final review as a part of the EAR-based amendment process.
As per the Strategic Plan and the draft Recreation and Open Space Element, the City's
proposed Level of Service Standard is 2.5 developed acres per 1,000 residents for all
parks. After an extensive analysis, the consultant concluded that this is an appropriate
and satisfactory level of services and the City Commission concurred.
At present, the City has 236.45 acres of parks in various categories as listed in Table C.
Table D indicates that the City's provision of developed parks is well above its adopted
level of service, and will continue to remain above the adopted LOS throughout the
next 5-year planning period. The level of 2.5 acres of developed parkland will be
maintained easily till 2020. By 2025, all population projections indicate that the adopted
standard and the actual provision will converge.
The implementation of the Capital Improvement Program will turn out major facility
upgrades and replacements on some 60 acres of existing parks; moreover, two new
parks - Nautica Sound and Winchester - will add 14 acres to the park inventory (the
development of the 15-acre Quantum Park is planned to begin in 2011/2012 fiscal year,
but is not factored-in for the projected 2011/2012 LOS provision). Even though the
impact of these improvements is not critical for maintaining the adopted level of service
9-13
TABLE C: PARK INVENTORY 2007
Urban/Civic Space Acres Neighborhood Parks Acres
Bicentenial Park 1.00 Boynton Lakes Park 8,00
Edward Harmening Arbor 0.40 Forest Hills Park 3,70
Heritage Park 0.10 Galaxy Park 4,00
Hibiscus Park 0,50 Jaycee Park 5,60
Kiwanis/Sierra Club Park 0,15 Laurel Hill Park 1,50
Veteran's Park 0.50 Meadows Park 7.00
TOTAL 2.65 Pence Park 3.40
Pioneer Canal Park 2.50
Community Parks Southeast Neighborhood 2,30
Congress Avenue Park 25.00
Ezell Hester Park 15.00 TOTAL 38.00
Intracoastal Park 10.00
Wilson Park 3.50 Conservation Lands
TOTAL 53.50 Sea crest Scrub 53,70
Rolling Green Scrub 8,00
Special Use Parks Rosemary Scrub 13.60
Barton Mem.Park/Cemetary 5,70 TOTAL 75.30
Little League 11.00 Water/Beach Access
Kids Kingdom 0.50 Boat Club Park 9,50
Sara Sims Park/Cemetary 4.00 Mangrove Park 12.00
TOTAL 21.20 Oceanfront Park 12,00
TOTAL 33.50
Greenways/Bikeways GRAND TOTAL 226.45
Palmetto Green 2,30
TOTAL 2.30
TABLE D: PARKS'S LEVEL OF SERVICE, 2006-2012
2006/2007 2011/2012
Current/projected Population 66,872 71,934
Developed Park Acreage 226.5 240.5
Adopted LOS 2.5 2.5
Actual/Projected LOS 3.4 3.3
Notes:
* Projected LOS is calculated with the addition of 2 new parks, for a total of 14 acres (see Capital
Improvement Expenditures - Parks)
-
9-14
TABLE E: ADVISORY LOS AND PROVISION OF RECREATIONAL FACILITIES
FACILITY ADVISORY LOS PROVISION ADVISORY LOS- DEFFICIENCY
BASED NEED
Baseball/Softball Fields 1/15,000 4 4 0
Baseball, Regulation 1/25,000 4 3 0
Basketball Court 1/4,000 14 17
Community Center 1/25,000 5 3
Fitness Trail 1/30,000 2 2
Football/Soccer Field 1/40,000 1 2
Multipurpose Field 1/10,000 2 7
Racquerball Court 1/1 0,000 9 7 0
Picnic Areas 1/3,000 24 22 0
Playground 1/4,000 19 17 0
Shuffleboard Court 1/5,000 16 13 0
Pool 1/40,000 1 2
Tennis Courts 1/2,000 31 33
Bocce Court 1/25,000 4 3
V olleyball Court 1/15,000 4 4
Skate park 1/65,000 0 1
Notes:
* Based on 2007 population of 66,872; standards revised as per Strategic Plan 2007-2008 (attached)
* Provision figures account for current facilities and facilities to be added within the 5-year planning period.
9-15
(withdrawals of the acres to be improved from the inventory would not cause the ratio
to fall below the 2.5 level within the 5-year period), it will significantly enhance the
quality of life for the City's residents.
As explained above in the Population Projections section, staff lowered the projected
2011/2012 population figures, but the projected LOS would not fall below the adopted
LOS under any population growth scenario for the 5-year period.
The advisory Level of Service standards for recreational facilities are listed in Table E.
The standards were determined through the trend of use analysis for existing facilities
and the Park and Recreation Needs Assessment completed by a consultant in 2002.
The proposed new LOS is 100 gpcd. Recent analysis showed that the service provision
for the sanitary sewer has exceeded the adopted LOS 90 gpcd. There are several reasons
why the LOS of 90 gpcd is no longer achievable or realistic. The increased capacity
demand is partly due to a change in demographics (a higher percentage of families with
children) and partly to a growing percentage of commercial customers in the service
area. Commercial customers, especially restaurants, generate significant amounts of
sewage into the system (which, in the LOS calculation, is not offset by the increased
population count). The remaining increase is caused by groundwater infiltration and
inflow into the collection and conveyance system. The completion of the Inflow and
Infiltration control program by 2013 is important to the maintenance of the new LOS of
100 gpcd over the 5-year planning period.
The City of Boynton Beach uses a number of revenue sources to fund capital
improvements, including public service taxes, local option gas tax, bond proceeds,
impact fees, capital facilities charges, grants and others.
Specifically, capital improvements for non-enterprise facilities are financed through:
. Public Service (PS) Tax Refunding Debt Service Fund: accounts for the debt
service on the City's 1993 Public Service Tax Refunding Bonds (the 1993 bonds
refunded the City's Public Service Tax Bonds, Series 1986 and 1990). After the
appropriations for the debt service, the remaining funds are split between
General Fund and the Capital Improvements Fund (57% to CIF).
. Local Option Gas Tax Fund: created during the 1983-84 fiscal year as a result of
an Interlocal Agreement between the Palm Beach County and local
municipalities for the distribution of the gas tax revenue. As per the Agreement,
9-16
expenditures of this fund are to be used for road maintenance (from the part
transferred to General Fund), and public transit (from the part transferred to
Mass Transit Fund); the residual amount is transferred to Capital Improvements
Fund and used for road improvements.
. Bond proceeds: new revenue bond issue of $25,000,000 is planned for 2007/2008
fiscal year.
. Park and Recreation Facilities Fund: revenues are impact fee payments by
developers of projects with a residential component.
. Grants
Other funding sources may occasionally be used. Please note that no Capital
Improvement expenditures are funded from the General Fund.
The capital improvements for enterprise facilities are financed by:
. Revenue bond proceeds and other debt (state loans); debt service costs are borne
by system customers.
. Capital facilities charges from new connections to the water and wastewater
systems.
. Transfers from the operating budget
. Grants
The City provides solid waste collection service, the cost of which is covered by user
fees. Capital expenditures for vehicle replacements are not included in the City's CIP but
are a part of the Fleet Maintenance Plan, an internal service fund based on depreciation
write-offs. The City's solid waste disposal capacity is managed by the Solid Waste
Authority (SW A) of Palm Beach County. As per the attached letter, SW A notified the
City that there is sufficient capacity to accommodate the solid waste disposal for the 5-
year planning period and beyond.
The Capital Improvement Schedule (CIS) must be financially feasible. The definition of
financial feasibility (See. 163.3164(32), F.5.) stipulates that" Sufficient revenues are currently
available or will be available from committed funding sources for the first three (3) years, or will
be available from committed or planned funding sources for years 4 and 5, of a 5-year capital
improvement schedule". Planned revenue sources
. Utilities CIS: all funds can be defined as committed. The City Commission
approved Water, Sewer and Stormwater Rate Study and resulting increases in
9-17
rates and capital facilities charges (see Ordinance 07-023, attached), thus ensuring
revenues to pay debt service on the bond to be issued. The approved Rate Study
also factors in revenue requirements for debt service on the state revolving loan
planned for 2010/2011 and 2011/2012 fiscal years.
The projections for capital facilities charges are conservative. They are based on
the increased charges as well as an assumption of lower development activity
over the planning period.
. CIS for facilities financed by non-enterprise funds: all funds can be defined as
committed. The 2007/2008]evenue bond has been approved and all grants have
been effectively secured. FEMA grant approval letter has not yet been received
and the grant amount may fall some $500,000 short of the $1,775,000 request;
however, this adjustment would still leave the ending Capital Improvements
Fund balance the 2011/2012 fiscal year in the positive, indicating financial
feasibility of the 5-year Capital Improvements Schedule.
The current fiscal environment is unstable and there is a distinct possibility of a very
significant decline of the General Fund revenues within the period under consideration.
The operating budget shortfalls may necessitate increased PS tax transfers to the General
Fund, with the ensuing reduction of the Capital Improvement Fund's revenues and
significant changes in the Capital Improvements Schedule in the near feature.
Tables 1-7 on the following pages show historical trends and projections for the City's
revenues available for funding of general city projects (see Section C, Overview for the
Utilities Capital Improvement Schedule for enterprise funds data).
Historical Trends
TABLE 1. LOCAL OPTION GAS TAX REVENlES (FUND 104)
2002103 2003/04 2004105 2005106 Zl06107
REVENU ES
Local Optbn Gas Tax $1,252,651 $1,310,648 $1,334,220 $1,290,656 $1,245,449
I merest Eanings $14,405 $12,368 $31,983 $66,527 $58,159
Fund Balance Forward $1,024,092 $779,648 $977,153 $1,962,971 $1,068,776
TOTAL REVENUES $2291.148 $2.102.664 $2.343,356 $2420.154 $2 372 384
TABLE 2. PUBLIC SERVICE TAX REVENUES(FUND 207)
2001/02 2002/03 2003104 I 2004/05
REVENU ES I
Pubic Service Taxes $4,227,624 $4,081,616 $4, 107,498 I $4,335,1 08 $4,351,169
I merest Ecrnings $18,629 $11,211 $56,3~1 $106,010 $35,429
Fund Balance Forward $1,771,083 $1,003,146 $1,003,146 $1,474,100 $1,004,993
TOTAL REVEN UES $6,017,336 $5,095,973 $5,166,947 $5,915,218 $5,391,591
9-18
TABLE 3. PARK I MPPCT FEES REVENUES (FUND 141)
REVENU ES
Park ImlEct Fees $601,955 $698,591 $1,141,276 $388,276 $643,516
Interest Ea-nings $10,904 $12,081 $44,756 $134,805 $163,807
Fund Balance Forward $989,183 $1,098,957 $2, 284, 092 $2,729,719 $3,537,600
TOT AL REVEN UES $1,602,042 $1,809,629 $3,470, 124 $3,252,800 $4,344,923
Revenue Projections
TABLE 4. LOCAL OPTION GAS TAX REVENUES
Proiections
2007/08 2008109 2009/10 2010/11 2011/Z>>12
DETAILED REVENUES
Localoptbn Gas Tax $1,413,720 $1,441 ,994 $1,470,834 $1,500,251 $1,530,256
Total Charges for Services $1, 413,7aJ $1,441,994 $1,470,834 $1,500, 251 $1,530,256
Investment Income
Interest Ecrnings $52,000 $52,000 $52, 000 $52,000 $52,000
Total In vestm ert Irr;ome $52, 000 $54000 $52,000 $54000 $52,000
Sub-Total $1,465,720 $1,493,994 $1,522,834 $1,552,251 $1,582,256
TABLE 5. PUBLIC SERVICE TAX REVENUES
Projections
2007/08 2008/09 2009/10 2010/11 2011/2012
DETAILED REVENUES
PUBLIC SERVICE TAXES
Florida Power and Light $2,617,212 $2,721,900 $2,830,776 $2,944,008 $3,061,768
Florda Public Utilities $45,971 $46,891 $47,828 $48,785 $49,761
Amerigas $9,873 $10,071 $10,272 $10,478 $10,688
Miscellaneous Utilities Taxes $24,338 $24,824 $25,321 $25,827 $26,344
Communication Taxes $1,813,968 $1,886,527 $1,961,988 $2,040,467 $2,122,086
TOTAL CHARGES FORSERVIC $4,511,362 $4,690,213 $4,876,185 $5,069,565 $5,272,348
INVESTMENT INCOME
Interest Earnings $78,000 $81,120 $84,345 $87,739 $91 ,249
TOTAL INVESTMENT INCOME $78,000 $81,120 $84,345 $87,739 $91,249
GRAND TOTAL $4,589,362 $4,771,333 $4,960,530 $5,157,304 $5,363,596
TABLE 6. PARK IMPACT FEE PROJECTIONS
Projections
2007/2008 2008/2009 2009/ 2010 2010/2011 2011/2012
Park Impact Fees $500,000 $500,000 $500,000 $500,000 $500,000
Note: Projections based on low development activity, May have to be adjusted downwards if the real estate
recession continues.
9-19
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Raw Water Supply Capacity
The City will be actively engaged in diversifying it sources of water supply over
the next planning period. At present, the City is totally dependent upon the
surficial aquifer as a supply, but also has one Aquifer Storage and Recovery
(ASR) well in operation, which stores excess seasonal water in a deeper, confined
aquifer, for recovery during dry weather. The overall goal of the City's plan is to
significantly reduce dependence on the surficial aquifer during the dry season of
the year. Anticipating additional restrictions on the surficial aquifer, the City has
developed a Water Supply Plan that calls for the following actions:
1. Interconnecting the City's two wellfields (east and west) so as to
supplement the eastern wellfield with additional water from the west.
The withdrawal from the eastern field is limited due to its proximity to the
Atlantic Ocean.
2. Constructing up to 5 new Floridan aquifer supply wells.
3. Expanding the treatment facilities capacity and distribution system for
reuse water, which will offset existing demands on the surficial aquifer.
Water Treatment Capacity
Water treatment plant capacity is not a major issue at this time. The City has a
surplus of installed water treatment plant capacity at the East Water Treatment
Plant,; however, the actual ability to produce water is limited by the insufficient
volume of treatable water delivered to the two treatment plants. As stated in the
Potable Water section above, the issue is obtaining approval from the Water
Management District to withdraw and use the needed water, and constructing
the necessary transmission lines to deliver the water to the East Water Treatment
Plant. During the next planning period the City will re-design its West Water
Treatment Plant so that it can accept and treat brackish water from the Floridan
aquifer.
Level of Service Standard
The current LOS is 200 gpcd. However, the City shall continue to consider a
variety of options to implement potable water conservation strategies such as
variable rate structure, aquifer storage and recovery, education and reuse to
reduce per capita water consumption rates to at least 175 gpcd annual daily
average by 2017.
9-28
Treatment and Disposal Capacity
The south Central Regional Wastewater Treatment Plant, serving the cities of
Boynton Beach and Delray Beach, has approximately 25 percent of its installed
capacity in reserve for future growth. Both cities are co-owners of the facility,
and contribute equally to its capital needs. Although at this time a facility
expansion is not required, by 2013 the capacity required by the City of Boynton
Beach will exceed 50% of the overall treatment plant capacity. Before that occurs,
the cities will have to renegotiate the agreement as to the allocation of the
available reserve capacity in light of each city's growth needs. Both cities have
active Inflow and Infiltration control programs that have caused an average of
0.69 MGD reduction in flow to the treatment plant from 2005 to 2006.
This capacity issue has been identified as a major issue in the City's EAR.. To
optimize its existing capacity, Boynton Beach anticipates spending over 11.5
million dollars over the next 3 years on inflow and infiltration control measures.
This program will focus on the older sections of the gravity sewer system, much
of which is located in the low-lying coastal zone.
Change in the Level of Service Standard
The proposed new LOS is 100 gpcd. Recent analysis showed that the service
provision for the sanitary sewer has exceeded the adopted LOS 90 gpcd. There
are several reasons why the LOS of 90 gpcd is no longer achievable or realistic.
The increased capacity demand is partly due to a change in demographics (a
higher percentage of families with children) and partly to a growing percentage
of commercial customers in the service area. Commercial customers, especially
restaurants, generate significant amounts of sewage into the system (which, in
the LOS calculation, is not offset by the increased population count). The
remaining increase is caused by groundwater infiltration and inflow into the
collection and conveyance system. The completion of the Inflow and Infiltration
control program by 2013 is important to the maintenance of the new LOS of 100
gpcd over the 5-year planning period.
The City maintains stormwater drainage plans for various stormwater basins to
identify and prioritize needs for expansion, replacement, and improvements to
the stormwater system. The planned stormwater improvements aim at
mitigating localized drainage problems which may impair access to properties,
9-29
or result in property damage during extreme events, and assure that all new
stormwater systems comply with best management practices.
Reconstructed roadways in redevelopment areas will include on-site stormwater
retention or detention facilities for water quality enhancement. Discharges of
freshwater into the estuarine environment will be minimized. Existing swale
drainage systems will be redeveloped so as to retain water and function as
originally intended. The following areas will receive these types of stormwater
upgrades by 2013.
1. SE 4th Street and SE Federal Highway project area
2. Central Seacrest Corridor area
3. Rolling Green area
Tables below are summarize information on selected water, wastewater and
stormwater projects included in the Capital Improvement Schedule. The project
number corresponds to its CIS number.
Project Name: Wellfield Interconnection; Project # 109
Project Location: From West Wellfield to East Wellfield (see Map A)
Project Description: This project involves constructing approximately 7 miles of
large diameter water main from the western boundary to the eastern boundary
of our service area.
Project Justification: It will allow the City to utilize water from the western well
field at both treatment plants, and reduce long-term demands at the eastern
wellfield. The eastern field is limited due to its proximity to the Atlantic Ocean.
(UE Db). 3Cl, Policy 3C.l.l0, 3D.l.l)
Funding Source: Mixed: Capital Facilities and Reserve funds
Estimated Cost 2007/2008 2008/2009 2009/2010 2010/2011 2011/2012
Design 450,000 500,000
Construction 2,000,000 15,000,000 8,000,000
Other
TOTAL 450,000 2,500,000 15,000,000 8,000,000
9-30
Project Name: Construction of up to 5 new Floridan aquifer supply wells;
Project # 110
Project Location: Western portion of service area (see Map B)
Project Description: The City is planning to construct up to 5 new Floridan
aquifer supply wells in the western portion of its service area, so as to extract a
potential 10-12 MGD of brackish water from the Floridan aquifer, for treatment
at the West Water Treatment Plant. This project will include constructing the
necessary pipelines to connect the new wells to the Treatment Plant site, and also
construct a required monitoring well.
Project Justification: The Floridan aquifer is a confined aquifer, and although
brackish in nature, it is not impacted by droughts increasing demands on the
surficial aquifer system. The added capacity afforded by these wells will be
necessary to meet buildout demands. This new source of supply will require
modifications to the West Treatment Plant, in order to successfully treat the
higher salinity water found in the Floridan aquifer.
(UE Db;. 3Cl)
Funding Source: Mixed: Capital Facilities and Reserve funds
Estimated Cost 2007/2008 2008/2009 2009/2010 2010/2011 2011/2012
Design 50,000 500,000
Construction 2,000,000 2,000,000 2,000,000 7,000,000
Other
TOTAL 50,000 2,500,000 2,000,000 2,000,000 7,000,000
Project Name: West Water Treatment Plant re-design and modification to treat
brackish water; Project # 111
Project Location: West Water Treatment Plant - 5469 W. Boynton Beach Blvd,
Project Description: This project is coupled with water supply projects to
interconnect the two existing wellfields, and install new Floridan Aquifer wells.
The plant will be re-designed and modified to remove the additional dissolved
solids found in the brackish water of the Floridan Aquifer.
Project Justification: See above
(UE Db;. 3Cl, Polic1{ 3.Cl.3)
Funding Source: Mixed: Capital Facilities and Reserve funds
Estimated Cost 2007/2008 2008/2009 2009/2010 2010/2011 2011 /2012
Design 500,000 610,000 500,000
Construction 526,000 7,295,000
Other
TOTAL 610,000 1,026,000 7,295,000
9-31
Project Name: Expansion of Reuse Water System; Projects # 1, 2 and 3
Project Location: Se 23rd Ave., Seacrest Blvd. , SE 4th Street
Project Description: The City of Boynton Beach, as a co-owner of the facility, is in
the process of increasing the capacity of filters and disinfection units at the
regional wastewater treatment plant. Eventually, the plant entire wastewater
stream can be treated as irrigation-quality water. This project will include the
expansion of the distribution system for reclaimed water.
Project Justification: The City intends to use expansion of the reclaimed water
system as a means of securing additional water allocations from the surficial
aquifer. (UE Obj. 3.C.3)
Funding Source: Capital Facilities Fund (expansion-related)
Estimated Cost 2007/2008 2008/2009 2009/2010 2010/2011
Desi 500,000
Construction 5,000,000
Other
TOTAL 5,500,000
Reuse -
distribution
Desi 500,000
Construction 2,500,000 3,500,000 3,500,000 3,000,000 3,000,000
Other
TOTAL 3,000,000 3,500,000 3,500,000 3,000,000 3,000,000
GRAND TOTAL
FOR REUSE 8,500,000 3,500,000 3,500,000 3,000,000 3,000,000
SYSTEM
9-32
Project Name: Inflow and Infiltration control; Projects # 41 (design) and 56 &57
(construction)
Project Location: Eastern portion of service area (see Map C)
Project Description: This program will focus on the older sections of the gravity
sewer system, much of which occurs in the low-lying coastal zone. As in other
areas with high groundwater elevations, significant quantities of water can seep
into the gravity sewer system through cracks in the piping and manholes. The
City is commencing the second phase of a multi-phase project to identify and
repair those leaks. The project activities include televising and inspecting
manholes and sewer lines, then re-lining or replacing those with noticeable
infiltration problems.
Project Justification: Infiltration and inflow from groundwater sources add
additional flow to the treatment plant, increase operating costs, and waste a
valuable groundwater resource. Eliminating infiltration and inflow will extend
the treatment capacity at the regional wastewater facility, and may eliminate the
need for future expansions. (UE Obj. 3A.3)
Funding Source: Capital Reserve account, including bond proceeds (2007 issue)
Estimated Cost 2007/2008 2008/2009 2009/2010 2010/2011 2011/2012
Design 1,500,000 1,100,000
Construction 2,900,000 3,000,000 3,000,000 650,000 650,000
Other
TOTAL 4,400,000 4,100,000 3,000,000 650,000 650,000
Project Name: SE 4th Street and S. Federal Highway impr.; Projects # 25 & 36
Project Location: SE 4th Street from SE 2nd. Ave. to SE 12th Ave., and areas east of
Federal Highway
Project Description: Reconstructed roadways in redevelopment areas will
include on-site stormwater retention or detention facilities for water quality
enhancement. A 24-inch diameter exfiltration pipe will retain all water falling in
the right-of way, increase percolation into the aquifer, and provide water quality
treatment.
Project Justification: Water quality enhancement and drainage improvements
(UE Obj. 3B.)
Fundin~ Source: Utility Capital Reserve account, including bond proceeds (2007)
Estimated Cost 2007/2008 2008/2009 2009/2010 2010/2011 2011/2012
Design
Construction 1,050,000 1,485,000
Other
TOTAL 1,050,000 1,485,000
9-33
Project Name: Central Seacrest Corridor area; Project # 33
Project Location: West of Seacrest Blvd. Between Boynton Beach Blvd. And SE
15th Ave.
Project Description: Improve drainage system by installing piping, rebuilding
swales, and adjusting roadways as necessary.
Project Justification: Drainage and water quality improvements, coupled with
water main improvements.
(UE Db;. 3B.l)
Funding Source: Utility Capital Reserve account, including bond proceeds (2007
issue)
Estimated Project 2007/2008 2008/2009 2009/2010 2010/2011 2011/2012
Cost
Design
Construction 500,000 650,000 3,150,000
Other
TOTAL 500,000 650,000 3,150,000
Project Name: Rolling Green area (NW 17th Ave); Project # 34
Project Location: West of Seacrest Blvd. in the vicinity of NW 17th Ave.
Project Description: Improve drainage system by installing piping, rebuilding
swales, and adjusting roadways as necessary.
Project Justification: Drainage and water quality improvements, coupled with
water main improvements.
(UE Db;. 3B.)
Funding Source: Utility Capital Reserve account, including bond proceeds (2007
issue)
Estimated Project 2007/2008 2008/2009 2009/2010 2010/2011 2011/2012
Cost
Design
Construction 1,284,000
Other
TOTAL 1,284,000
9-34
Ordinance 07-023, revising the rate schedule for potable water and wastewater,
as well as capital facilities charges, is attached. The new rate schedule reflects the
determination that the revenue requirements for the potable water, wastewater
and stormwater will increase 6.5% for the fiscal year 2007/2008, and then
annually 5.5% through 2011/2012, the last fiscal year in the 5-year planning
period. The Water, Sewer and Stormwater Rate Study, with the revenue needs
analysis which provided the basis for rate revision, can be furnished upon
request.
Fiscal Year Revenues/ Projections
1999/2000 $1,933,236
2000/2001 $3,015,160
2001/ 2002 $1,628,992
2002/ 2003 $2,583,042
2003/2004 $3,550,998
2004/ 2005 $3,997,069
2005/2006 $3,429,763
2006/2007 $2,700,000 est.
2007/2008 $2,500,000
2008/ 2009 $2,500,000
2009/2010 $2,500,000
2010/2011 $2,500,000
2011/ 2012 $2,500,000
The table above presents historical trends and projections for capital facilities
charges. The projections are considered conservative; they are based on the
increased capital facilities charges (see attached Ordinance 07-023) and
significantly lower development activity forecasted for the planning period
under consideration. Moreover, full charges have not been collected from several
projects approved but not yet issued building permits.
9-35
The borrowing timetable has been set as follows to accommodate planned capital
improvements; the rate change schedule will make revenues available for debt service
over the 5-year period.
Type of 2007/2008 2008/2009 2009/2010 2010/2011 2011/ 2012
BondfDescription
Revenue bond; City
Commission approved
increased rate schedule
and capital facilities $27,000,000 $28,400,000 $14,000,000 $14,100,000
charges to ensure revenue
for debt service (Ord, 07-
023).
State revolving loan; City
Commission approved
increased rate schedule
and capital facilities $10,000,000 $4,000,000
charges to ensure revenue
for debt service (Ord. 07-
023)
9-36
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CAPITAL IMPROVEMENT SCHEDULE: UTILITIES
SOURCES AND USES OF FUNDS
FUND 404: used for expansion-related projects. Includes capital facilities charges, and bond
proceeds (those used for expansion projects onl )
Account Descri tion Budget Year
2007/2008 2008/2009 2009/2010 2010/2011 2011/2012
Be innin Fund Balance $33,300,469 $25,190,469 $13,676,969 $1.540,469 $2,064,469
Revenues
Interest Earnin s $800,000 $500,000 $300,000 $250,000 $225,000
Ca ltal Facilities Char es $2,500,000 $2,500,000 $2,500,000 $2,500,000 $2,500,000
Grant Opportunities. Alternative Water
Su I SFWMD $1,500,000
Revenue Bonds $8,400.000 $14,000,000 $14,100,000
Total Revenues $4,800,000 $3,000,000 $11 ,200,000 $16,750,000 $16,825,000
ro ects $9,013,500 $5,200,000 $3,000,000
$2,200,000
$3,000,000 $3,000,000
Mixed fundin ro ects $11,026,000 $14,295,000
$11,026,000 $14,295,000
$16.226,000 $17,295,000
$524 000 $470,000
$2,064,469 $1,594,469
. All revenues are committed revenues. The City Commission approved Water. Sewer and Stonnwater Rate Study and resulting increases in rates and capital faciUties charges
(see Ordinance 07-023, attached), thus ensuring revenues to pay debt service on the bond to be issued. Projections for capital facilities charge revenues are based on approved
charge increases and on conservative projections given historical and current trends. The CIty has been awarded the SFWMD $1,500,000 grant.
. Interest eamings are estimated at a conservative rate and an assumption of a declining balance.
FUND 403: used for Repair and Replacement (R&R) projects. Includes bond proceeds (those used for
R&R onl
Account Descri tion Budget Year
2007/2008 2008/2009 2009/2010 2010/2011 2011/2012
Be innin Fund Balance $12,912,120 $16,384,995 $1,748,005 $3,537,005 $858,995
Revenues
Interest Earnin s $200.000 $420,000 $325,000 $450,000 $350.000
Transfer from 0 ratin $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000
Grant Opportunities. Alternative Wate
Su I SFWMD Lake Worth La oon $750,000
Revenue Bonds $27,000,000 $20,000,000
State Revolvin Loan $10,000,000 $4,000,000
Total Revenues $28,950,000 $1,420,000 $21,325.000 $11 ,450,000 $5,350,000
Ex enditures
8,574,125,00 $6.538,000 $12,602,000 $3,797,000 $1,812.000
$9,655,000 $7,157.000 $5.190,000 $2,485,000 $1,565,000
$2,610,000 $5.295,000 $5,259,000 $709,000 $1,777 000
$4,063,000 $563,000 $63,000 $63,000 $63,000
Mixed fund in ro ects
$7,054,000 $5,217,000
$4.396,000 $133,000
Notes:
. All revenues are committed revenues, The City Commission approved Water, Sewer and Stonnwater Rate Study and resulting increases in rates and capital facilities charges
(see Ordinance 07-023, attached). thus ensuring revenues to pay debt service on the bond to be issued, The approved Rate Study also accounted for revenue requirements for
debt service on the state loan, The City has been awarded the $750.000 grant.
. Recurring revenues include a budgeted transfer from operating revenues to reserves each year within the operating budget. This amount is established to be a minimum of
$1.000,000,
9-37
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I
COPY OF THE CURRENT CAPITAL IMPROVEMENTS ELEMENT
City of Boynton Beach
Capital Improvements Element
Goals, Objectives, and Policies
Sanitary Sewer
Goa19.A The City of Boynton Beach shall maintain adequate capacity for treatment and
disposal of wastewater, install and maintain adequate wastewater collection
and transmission facilities, take steps to minimize wastewater flows and urban
sprawl, and maintain sufficient and equitable financing to provide services for
the sanitary sewer system's customers.
Objective 9A.l Prevention of Urban Sprawl. Development and redevelopment will be
encouraged in areas presently served adequately by existing sanitary
sewer facilities.
Policy 9A.l.l Future development and redevelopment in the City shall take advantage of
existing sanitary sewer facilities, wherever possible.
Potable Water
Goal 9B The City of Boynton Beach shall maintain adequate potable water treatment
and distribution facilities.
Objective 9B.l The City shall take steps to minimize increases in demands and urban
sprawl, and maintain sufficient and equitable financing measures to
provide services to potable water system customers.
Policy 9B.l.l Adequate and Efficient Distribution Facilities. The City of Boynton Beach
shall continue to provide distribution services to its potable water customers
that are adequate to meet flow levels projected in the City's Water Master
Plan.
Policy 9B.l.2 Water Conservation. The City of Boynton Beach will continue to minimize
demands for water to reduce system expansion costs and the need for
increased groundwater withdrawals.
Policy 9B.l.3 Equitable Financing of System Improvements and Operations. The City of
Boynton Beach shall continue to fund potable water system capital
improvements, replacement and rehabilitation, and operation and maintenance
costs such that costs are borne by system customers on the basis of the
cost-of-service.
City of Boynton Beach 9-1 Date: December 18,2001
School Concurrency Amendments Capital Improvements Element
Amendments 01-SCl Ordinance No, 01-61
Policy 9B.1.4 Prevention of Urban Sprawl. Development and redevelopment will continue
to be encouraged in areas adequately served by existing water transmission
and distribution facilities.
Parks
Goal 9C Provide adequate open space and recreational facilities and programs to meet
the needs of present and future residents, including seasonal visitors, and
special groups such as the elderly and handicapped.
Objective 9C.l By 2002, the City shall provide adequate automobile parking (excluding
mini parks), bike rack facilities, and handicap access to all existing and
planned, neighborhood and district parks operated by the City by the
Year 2000, where available space exists.
Policy 9C.1.1 The City shall continue to provide adequate automobile parking and bike rack
facilities within all parks developed after the adoption of this Plan.
Policy 9C.l.2 By2002, the City shall provide parking and bike rack facilities within all
existing neighborhood and district parks. Facilities shall be monitored as part
of the on-going maintenance effort and deficiencies corrected within 18
months. Private sponsorship of bike racks will be explored if City funding is
inadequate.
Policy 9C.1.3 The City shall continue to examine the extent of barrier-free access within
neighborhood and district parks, and deficiencies will be addressed in a Plan
that sets the phasing and funding.
Policy 9C.1.4 The City shall amend the land development regulations to require that all
future parks, and applicable facilities, include barrier-free ADA design for the
handicapped to be retrofitted, if funds are available, three parks per year.
Policy 9C.l.5 The City shall provide, contingent upon County assistance or support, the
Palm Tran shuttle service for patrons of beach front parks.
Policy 9C.1.6 By 2002, the City will provide additional access to the Intercoastal Waterway.
Objective 9C.2 The City shall ensure additional public access to recreation sites by
providing parks and recreation facilities using, in part, current
population data and projections, summary/recommendations "D",
proposed park development schedule, Table #2-Neighborhood Park
Needs Analysis, Table #3-District Parks Needs and Analysis, and Table
#4-Facility Needs Analysis.
Policy 9C.2.l The City shall adopt the Level of Service standard for Neighborhood Parks as
indicted in Table 2 and a LOS standard for District Parks of 2.5 acres per
1,000 persons (see Table 3 of the EAR). The City shall consider the level of
service advisory standards for recreation facilities set forth in Table 7. The
City of Boynton Beach 9-2 Date: December 18,2001
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level of service in Table 7 shall be evaluated pursuant to the data and analysis
which is required for the Capital Improvements Element, pursuant to the
Stipulated Settlement Agreement between the City and the Florida Department
of Community Affairs. The following are advisory level of service standards
for recreation facilities, as indicated in Table 7 shown below.
BasebalVSoft. Youth - 1 per 15,000 persons,
Baseball, Reg, - 1 per 25,000 persons,
Basketball Courts - 1 per 3,000 persons,
Beach Frontage - 15 feet per 1,000 persons,
Boat Ramps - 1 per 8,000 persons,
Community Centers - 1 per 25,000 persons,
Fitness Trails - 10 stations per 10,000 persons,
Football/Soccer Fields - 1 per 40,000 persons,
Golf - 1 per 30,000 persons,
Handbal1/Racq. Courts - 1 per 10,000 persons,
Picnic Areas - 1 per 6,000 persons,
Playgrounds - 1 per 4,000 persons,
Practice Fields - 1 per 10,000 persons,
Combination Fields - 1 per 10,000 persons,
Shuffleboard Courts - 1 per 2,500 persons,
Swimming Pools - 1 per 40,000 persons, and
Tennis Courts - 1 per 2,000 persons.
Policy 9C.2.2 For areas to be annexed, which are platted, developed, under development, or
have approved development plans in Palm Beach County, the level of service
at time of annexation shall be assumed to be that created by existing
neighborhood park facilities serving the area.
Policy 9C.2.3 The City shall complete, or initiate, the development of facilities consistent
with Table 2 - Neighborhood Park Needs Analysis and Table 3 - District Park
Needs Analysis.
Policy 9C.2.4 The City shall increase access to parks and recreation facilities by providing
lighting, or plan for the provision of lighting through project phasing, for all
future active-recreation facilities. The lighting design shall minimize impact
on adjacent residents and shall be compatible with adjacent property owners.
Policy 9C.2.5 The City shall maintain, or increase, the existing level of activities that
comprise the City's contribution to the Community School Program.
Policy 9C.2.6 By 2002, the City shall initiate development of strategic neighborhood plans
with parks as one component.
Policy 9C.2. 7 The City shall coordinate the design and development of future neighborhood
parks with private recreation facilities in the respective neighborhoods.
City of Boynton Beach 9-3 Date: December 18, 200 1
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Amendments 0 l-SC 1 Ordinance No. 01.61
Objective 9C.3 The City shall increase the proportion of residential developments that
provide private recreation areas, and require that future private
recreation areas are developed and equipped so as to be the equivalent of
a public neighborhood park.
Policy 9C.3.1 The City shall continue to enforce the Subdivision and Platting Regulations
which require that all residential developments that exceed 100 dwelling units
provide a private recreation area, unless however, public parks are located
within one-half mile from the project, which satisfies the 2.5 acre per 1000
residents LOS standard.
Policy 9C.3.2 The City shall continue to enforce specific criteria within the Subdivision and
Platting Regulations that guide the development and facilitation of private
park areas and/or private recreation facilities that are used to satisfy the
requirements for receiving 50% credit toward the public park dedication
requirement. The criteria shall require that the needs of residents are met in
accordance with standards contained in this element. A study shall be
conducted to determine the impact of this criteria, especially regarding the
type and size of amenities that can receive partial impact fee credit.
Policy 9C.3.3 The City shall continue to require that all residents of a Planned Unit
Development project have access to at least a portion of the private recreation
areas provided, unless similar public facilities are located within a one-half
mile walking distance. A Planned Unit Development with private recreation
areas will qualify for a 50% credit against the required impact fee.
Policy 9C.3.4 The City shall continue to require the dedication of sufficient land for a
neighborhood park site at the time that the following properties are rezoned or
platted for residential use: Klatt Property, and the Sand & Sea Mobile Homes.
If the need for public park acreage is not indicated at the above mentioned
time, a fee shall substitute the dedication of land. Mandatory dedication is
required when the public park is greater than 0.5 miles away.
Policy 9C.3.5 The City shall continue to require a minimum of 6 acres per 1,000 population
park dedication, fees in lieu thereof equal to the value of the land to be
dedicated, or a combination of fees and land.
Policy 9C.3.6 The City shall continue to enforce regulations, which require the dedication of
lakefront park sites in residential developments. Such recreation areas adjacent
to water should be considered as minimum criteria for receipt of a 50% credit.
Objective 9C.4 The City shall provide public access to two native habitat sites for the
purpose of providing a nature study area by the year 2002 consistent with
the development schedule for seacrest scrub.
City of Boynton Beach 9-4 Date: December 18, 2001
School Concurrency Amendments Capital Improvements Element
Amendments 01-SCl Ordinance No. 01-61
Policy 9CA.1 In order to ensure the preservation of important natural areas and reservations,
the City shall, by 2002, identify scrub sites to be developed as a nature study
area and identify the appropriate public or private funding mechanism( s) or
source(s) appropriate for such a scrub preservation project.
Public School Facilities
Goal 9D To provide for future availability of public school facilities consistent with the
adopted level of service standard. This goal shall be accomplished recognizing
the constitutional obligation of the school district to provide a uniform system
of free public schools on a countywide basis.
Objective 9D.l To ensure that the capacity of schools is sufficient to support student
growth at the adopted level of service standard for each year of the five-
year planning period and through the long term planning period.
Policy 9D.1.1 The LOS standard is the school's utilization which is defined as the
enrollment as a percentage of school student capacity based upon the Florida
Inventory of School Houses (FISH). The level of service (LOS) standard shall
be established for all schools of each type within the School District as I] 0
percent utilization, unless the school is the subject of a School Capacity Study
(SCS) undertaken by the School District, working with the Technical
Advisory Group (TAG) which determines that a particular school can operate
in excess of 110% utilization. No school shall operate in excess of 120%
utilization. The SCS shall be required if a school in the first student count of
the second semester reaches 108 % or higher capacity.
Policy 9D.1.2 The adopted LOS standard shall become applicable to the entire County at
such time as the School District has achieved the countywide adopted level of
service for all schools of each school type. In the interim, Table 1.1-1, of the
Public School Concurrency Element, establishes the tiered level of service
standards for each CSA by school type. Individual schools of each type may
exceed the Tiered LOS standards during the period in which Tiered LOS are
in effect. Each individual school exceeding the Tiered LOS during that time
shall not exceed the utilization standards for that school type as shown in the
Maximum Utilization Table of the Public School Concurrency Element (Table
1.1-2).
Goal 9E To ensure the orderly and efficient provision of all public services and
facilities necessary to serve existing and future local population needs.
Objective 9E.l To develop a comprehensive and coordinated funding strategy for the
implementation of existing or anticipated capital improvement needs as
identified in the adopted Capital Improvement Element, the local
Comprehensive Plan or through other local planning efforts.
City of Boynton Beach 9-5 Date: December 18, 200 I
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Policy 9E.l.1 The City shall continue to maintain a local capital project review criteria
which, at a minimum, objectively prioritizes projects on the basis of
consistency with local comprehensive planning activities, cost feasibility and
effecti veness, relative magnitude and term of need, intergovernmental
commitments, the ability to take advantage of other jurisdictional capital
improvements, and overall budget impacts.
Policy 9E.l.2 The City shall continue to recognize that capital expenditures necessary to
maintain or improve existing facilities take precedent over expansion or
anticipated future facility needs.
Policy 9E.1.3 The City shall monitor and evaluate the Capital Improvements Element on an
annual basis and reaffirm the City's Capital Improvement Program in
conjunction with annual budget deliberations and adoption.
Policy 9E.l.4 The City shall maintain budget review procedures which recognize needs and
utilize priority criteria to fund capital improvement needs of the various
Comprehensive Plan Elements.
Policy 9E.l.5 The City shall annually update the Five Year Capital Improvements Program
and accompanying Capital Budget and submit to the Commission a finalized
Capital Improvements Program budget prior to January 1st of each calendar
year.
Policy 9E.l.6 The Five Year Capital Improvements Program shall be consistent with the
data and analysis for the Capital Improvements which are required by the
Stipulated Settlement Agreement between the City and the Department of
Community Affairs.
Objective 9E.2 The City shall continue to require that development and redevelopment
proposals are approved conditioned upon existing service availability or
the programmed provision of additional services at the adopted level of
service standards and meet existing and future facility needs.
Policy 9E.2.l The City shall maintain development review procedures and the land
development regulations ensuring that all development proposals are
consistent with the City's adopted level of service standards. Where
appropriate, these procedures and regulations shall provide for the timely
implementation of additional improvements. For public school facilities, the
applicant for a Development Order or Development Permit which includes
any residential component shall provide a determination of capacity by the
School District of Palm Beach County that the proposed development will
meet the public school facilities level of service. A determination by the
School District is not required for existing single family legal lots of record, in
accordance with the Public School Facilities Policy lOA.l.8
City of Boynton Beach 9-6 Date: December 18, 2001
School Concurrency Amendments Capital Improvements Element
Amendments 01-SCl Ordinance No. 01-61
Policy 9E.2.2 The City shall condition the approval of proposed development or
redevelopment projects on the basis of project related service needs being
concurrently available at the adopted level of service standards specified in
Policy 9D.2.4.
Policy 9E.2.3 The City shall allow for phasing of development-related infrastructure
improvements concurrently with project impacts on public facilities.
Policy 9E.2.4 The Level of Service (LOS) for capital facilities shall be:
. for sanitary sewer - 90 gallons per day per capita:
. for potable water - 200 gallons MDF per capita peak population:
. for solid waste - 7.2 pounds per capita per day with bi-weekly pickup:
. for drainage - 3 Year design storm at watershed concentration time, (the
time required for water to flow from the hydraulically most remote point
in a basin to the basin outlet):
. for drainage - Floor elevation above 100 Year storm (a minimum of six
inches above the crown of any abutting road):
. Level of Service "C" or better under daily and peak hour conditions on all
unspecified City local and collector highway facilities.
. Level of Service "C" for average daily and Level of Service "D" for daily
peak season and year-round peak hour conditions on all non-specified
arterial facilities.
. Level of Service "D" for year round daily and peak hour conditions on
Seacrest Boulevard south of SE 23rd Avenue, US 1 between Boynton
Beach Boulevard and Woolbright Road, 1-95 through the City, Boynton
Beach Boulevard from Old Boynton Road to 1-95, NW 22nd Avenue
between Congress Avenue and 1-95, Congress Avenue between Boynton
Beach Boulevard and NW 22nd A venue and for Boynton Beach Boulevard
east ofI-95.
. Level of Service - "Maintain" for all facilities where Level of Service
standards have been exceeded.
Policy 9E.2.5 Capital improvements shall not be made which are inconsistent with the
development and redevelopment policies concerning the coastal high-hazard
area. Capital improvements which reduce or eliminate existing public hazards
shall be given priority as part of the annual and five-year evaluation of capital
improvements projects. Capital improvements related to water and sewer
City of Boynton Beach 9-7 Date: December 18, 2001
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Amendments 01-SCl Ordinance No, 01-61
service shall be based upon the assumption that all land within the utility
service areas will eventually be developed for urban land uses served by
central water and sewer systems.
Capital improvements related to parks, recreational facilities, roads, drainage,
and solid waste shall be based upon the assumption that all land east of
Lawrence Road will eventually be annexed into the City and will be developed
for urban land uses.
All development orders and permits shall require evaluation either by the
applicant or by City staff to determine whether public facilities are available
concurrent with the impacts of development. For minor projects and
development of individual lots which are vested, this concurrency evaluation
may be done on a cumulative basis at least once per year.
All community redevelopment plans adopted by the City Commission shall
include an evaluation of public facilities which serve the redevelopment area
to determine whether the levels of service contained in the Plan are met, and
to examine sources of funding for any necessary capital improvements related
to these public facilities.
Policy 9E.2.6 The City shall continue to coordinate capital improvement projects with plans
of agencies that provide public facilities within the City as follows:
Boynton (C-16) Canal:
In particular, the findings and recommendations concerning the primary
drainage facilities shall be coordinated with the South Florida Water
Management District and Lake Worth Drainage District. as a part of the
creation of this master plan.
The City's drainage master plan shall be coordinated with the drainage studies
which will be conducted by the Lake Worth Drainage District.
Intracoastal Waterway:
The design of public facilities which are over, adjacent to, or in Lake Worth or
the Intracoastal Waterway shall comply with the requirements of the inland
Navigation District and the Army Corps of Engineers.
State Highways (Interstate 95, Boynton Beach Boulevard, U.S. Highway 1,
State Road AlA) and the City's Future Traffic Circulation Plan (Table 20 of
the Traffic Circulation Element Support Documents) shall incorporate all of
the improvements to state highways which are listed in the Palm Beach
County Transportation Improvement Program, and all of the improvements
listed in The Florida Department of Transportation 5- Y ear Transportation
Improvement Program. The City shall continue to require improvements by
developers and/or payment of impact fees, in order to maintain the adopted
City of Boynton Beach 9-8 Date: December 18,2001
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Amendments 01-SCl Ordinance No, 01-61
levels of service on state highways, and shall require the dedication of the
necessary right-of-way for state highways. Furthermore, the City shall
continue to lobby Palm Beach County, the County Metropolitan Planning
Organization, and the Florida Department of Transportation in order to ensure
funding and construction of needed improvements to state highways.
Public School Facilities.
The City of Boynton Beach shall provide the School District with annual
information needed to maintain school concurrency, including information
required for the School District to establish:
1. School siting criteria;
2. Level of service update and maintenance;
3. Joint approval of the public school capital facilities program;
4. Concurmcy service area criteria and standards; and
5. School utilization.
Policy 9E.2.7 Priorities for replacement, correcting existing deficiencies, and providing for
future needs shall be made according to need. The need shall be determined by
the City Council after recommendation by the Local Planning Agency. The list
of priorities shall be reflected in the Capital Improvements Element such that
the improvements needed first shall be implemented first. Issues related to
public health shall receive first priority, issues related to providing the adopted
level of service shall receive second priority, and all other additional issues
shall be implemented as needed to maintain operational efficiency in the City.
Policy 9E.2.8 The City shall maintain levels of service for public facilities. Land
development orders and permits shall be:
1. conditioned upon the availability of public services,
2. shall meet or exceed adopted level of service standards, and
3. shall be consistent with the data and analysis for the Capital
Improvement Element which is required by the stipulated settlement
agreement between the City and the Department of Community Affairs.
Objective 9E.3 The City shall continue to provide that private developers participate on
a proportionate share basis in any facility improvement costs necessary to
maintain level of service standards.
Policy 9E.3.1 The City shall continue to require the performance bonding of project related
utility or traffic circulation improvements necessary to accommodate the
development of vacant parcels or substantial redevelopment of existing
properties.
Policy 9E.3.2 The City shall continue with the preference for the actual construction of
adjacent site road improvements in lieu of impact fee payments.
City of Boynton Beach 9-9 Date: December 18,2001
School Concurrency Amendments Capital Improvements Element
Amendments Ol-SCl Ordinance No. 01-61
Policy 9E.3.3 The City shall continue to enforce the land development regulations process
for assessing new development on a pro rata share of the costs necessary to
finance public facility improvements in order to maintain the adopted level of
service standards specified in Policy 9D.2A.
Objective 9E.4 Maintain a capital program that can be adequately accommodated by
projected revenues or other financial resources.
Policy 9EA.l Capital Improvements shall be financed, and debt shall be managed, as
follows:
1. Public facilities financed by enterprise funds (i.e., utilities, potable water,
sanitary sewer, solid waste, and golf course) shall be financed by:
a. Debt to be repaid by user fees and charges for enterprise service; or
b. Current assets (i.e., reserves, surpluses, and current revenue,
including transfers); or
c. A combination of debt and current assets.
2. Public facilities which are financed by non-enterprise funds (i.e., roads,
stormwater management, parks, library, fire service, police protection, and
government buildings) shall be financed from current assets: Revenue,
equity and/or debt. Specific financing of specific capital projects shall
consider which asset, or group of assets, will be most cost effective,
consistent with prudent asset and liability management, appropriate to the
useful life of the project(s) to be financed, and efficient use of the local
government's debt capacity.
Policy 9EA.2 The City of Boynton Beach shall maintain a maximum cap for long-term
general obligation debt, 10% of the total assessed value of both real and
personal property within the City limits, This cap shall be adjusted annually to
reflect the annual changes in the assessed value. There shall be no limitation
on the use of revenue bonds as a percent of total debt service of the City.
Policy 9EA.3 Where feasible, the City's Capital Program shall recognize specific funding
sources for specific projects or project categories.
Policy 9EA.4 The City will continue to maintain levels of service for public facilities and
other comprehensive plan goals, objectives, and policies to be consistent with
the data and analysis for the Capital Improvements Element as required by the
Stipulated Settlement Agreement between the City and the Department of
Community Affairs.
City of Boynton Beach 9-10 Date: December 18,2001
School Concurrency Amendments Capital Improvements Element
Amendments 01-SCl Ordinance No. 01-61
Objective 9E.5 The City will continue to utilize procedures for providing funding for
capital improvements that can be adequately accommodated by projected
revenues or other financial resources and provide for the public facility
needs required by previously issued development orders or future
development approvals.
Policy 9E.5.1 The City shall maintain an inventory of projects with development orders
which were issued prior to Plan adoption and itemize the public facility needs
of each.
Policy 9E.5.2 The following rules shall apply with respect to the vesting of land
development orders and permits, insofar as compliance with Comprehensive
Plan Goals, Objectives, and Policies and the provision of public facilities
which meet the adopted levels of service are concerned:
A land development order or permit shall be construed to be vested with
respect to compliance with the Comprehensive Plan Goals, Objectives, and
Policies, and the provision of public facilities which meet the adopted levels
of services if it meets anyone of the criteria set forth under (a), (b), or (c)
below:
a. A Development of Regional Impact development order has been issued
prior to the date of adoption of the Comprehensive Plan or the City has
issued a final local development order and development has commenced
and is continuing in good faith. The definition of development shall be that
contained in Section 380.04, Florida Statutes.
b. A development order or permit has been issued which meets anyone of
the criteria set forth under (1), (2), or (3) below:
1. For development orders and permits for which a building permit only
is required, and site plan approval and/or platting is not required: The
development order or permit is for the construction of a single-family
detached or duplex dwelling or addition to same, or conversion of a
single-family dwelling to a duplex, on platted lots within subdivisions
which were recorded prior to January 13, 1978.
2. For development orders or permits for which site plan (which includes
conditional use) approval is required and a building permit is required,
but platting is not required: Construction of improvements on a parcel
in accordance with a site plan (or conditional use) which has been
approved for the parcel, and such approval, or any time extensions
thereto, occurred prior to the date of plan adoption. Such projects shall
be vested until site plan approval or the last time extension for same
lapses, including any revisions submitted during this time which do not
increase the demand for public facilities compared to the original
City of Boynton Beach 9-11 Date: December 18, 2001
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project. Approval of any revisions shall lapse, however, when original
site plan approval or last time extension lapses. Such projects shall be
vested for future time extensions or for revisions that are submitted
after the site plan approval or last time extension lapses, or for any
revisions to the extent that the demand for public utilities would be
increased. A site plan shall be construed to have lapsed if an
application for building permit for the project is not submitted within
one (1) year of the date of the approval of the site plan.
3. For development orders or permits for which both platting and a
building permit are required, or for which platting, site plan approval,
and a building permit is required, the following shall be vested:
All development orders and permits within a subdivision for which the
master plan was approved or time extension for same was approved
prior to the date of Comprehensive Plan adoption, until the subdivision
master plan approval or the last time extension lapses, including any
revisions submitted during this time which do not increase the demand
for public facilities compared to the original project. Approval of any
revision shall lapse, however, when the original master plan or last
time extension lapses. A project shall not be vested for future time
extensions or for revisions that are submitted after the subdivision
master plan or last time extension lapses, for any revisions to the
extent that the demand for public facilities increases. A subdivision
master plan shall be construed to have lapsed if a preliminary plat for
the first phase of the project is not submitted within 18 months of the
date of master plan approval, or the final plat for the first phase of the
project has not been submitted within 1 year of the date of approval of
the preliminary plat, or construction of the required improvements for
the plat of the first phase of the project has not commenced within 1
year of the date that the plat is recorded.
c. Projects which were the subjects of court orders regarding land use,
zoning, planning, use or development of a parcel. Development orders or
permits which are the subject of or required by such court orders shall be
construed to be vested for as long as the court order remains in effect.
The City may adopt more restrictive criteria for vesting with respect to (a) and
(b) above, in its code of ordinances, or concurrency management system, but
shall not adopt less restrictive criteria for vesting.
Policy 9E.5.3 The City shall maintain a maximum debt capacity in constant dollars based on
establishment of the proper debt service ratio prior to June, 1990.
Policy 9E.5.4 The City shall continue to enforce in its Concurrency Management Ordinance,
the provisions which address and ensure the availability of public facilities to
City of Boynton Beach 9-12 Date: December 18,2001
School Concurrency Amendments Capital Improvements Element
Amendments 01-SCl Ordinance No, 01-61
serve development projects for which development orders were issued prior to
the effective date of the City's Concurrency Management Ordinance, as
follows ("exempt" projects shall be defined as those projects which are not
required to demonstrate that concurrency requirements have been met, in order
to proceed):
a. Potable Water
Populations of exempt projects shall be taken into account in determining
whether level of service would be met for new projects and projects which
are not exempt. New projects or projects which are not exempt shall not be
such approved or permitted if such approval or permitting would cause the
level of service not to be met.
b Sanitary Sewer
Populations of exempt projects shall be taken into account in determining
whether the level of service would be met for new projects and projects
which are not vested. New projects or projects which are not exempt shall
not be approved or permitted if such approval or permitting would cause
the level of service not to be met.
c. Drainage
Demand for drainage facilities which would be created by exempt projects
shall be taken into account in determining whether the level of service
would be met for new projects and projects which are not vested. New
projects or projects which are not exempt shall not be approved or
permitted if such approval or permitting would cause the level of service
not to be met. Exempt projects shall be required to comply with any
drainage requirements of the South Florida Water Management District,
Lake Worth Drainage District, and City which were in effect at the time
the proj ect was approved.
d. Solid Waste
Populations of exempt projects shall be used in determining whether the
level of service would be met for new projects and projects which are not
exempt. New projects or projects which are not exempt shall not be
approved or permitted if such approval or permitting would cause the level
of service not to be met.
e. Recreation Facilities
Populations of exempt projects shall be taken into account in determining
whether the level of service would be met for new projects and projects
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which are not exempt. New projects or projects which are not exempt shall
not be approved or permitted if such approval or permitting would cause
the level of service not to be met. Existing or approved private recreation
facilities serving exempt residential projects shall not be reduced in
number and/or size below the adopted levels of service for such facilities.
f. District Park Acreage
Populations of exempt proj ects shall be taken into account in determining
whether the level of service would be met for new projects and projects
which are not vested. New projects or projects which are not exempt shall
not be approved or permitted if such approval or permitting would cause
the level of service not to be met.
g. Neighborhood Park Acreage
1. For Projects in the City:
For existing or exempt project which have 2 or more private
recreational facilities which service the project, neighborhood park
facilities shall be considered to have been provided, and the
number and/or size of these recreation facilities shall not be
reduced below the adopted levels of service for such facilities.
Existing or approved recreation areas or parks serving exempt
residential projects shall not be reduced below the adopted levels
of service for neighborhood parks.
2. For neighborhoods and projects which do not meet the criteria set
forth in paragraph (1) above, populations of exempt projects shall
be used in determining whether the level of service would be met
for new projects and projects which are not exempt. New projects
or projects which are not exempt shall not be approved or
permitted if such approval or permitting would cause the level of
servIce not to be met. However, any proj ect for which
neighborhood park and recreation facilities are provided in
accordance with Policy 5.5.1 shall be construed to not affect the
availability of neighborhood park and recreation facilities for any
other projects.
3. For Annexed Areas and Projects:
For areas which are platted, developed, under construction, or have
development plans which have been approved by Palm Beach
County, and are subsequently annexed, neighborhood parks shall
be those which were provided or required by Palm Beach County.
Existing or approved recreation areas or parks serving exempt
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residential projects shall not be reduced below the adopted levels
of service for neighborhood parks.
h, Roads
Traffic generation from exempt projects shall be used in calculating
background traffic for new projects and projects which are not exempt, in
accordance with the Palm Beach County Traffic Performance Standards
Ordinance. Road improvements and road impact fees which were required
as a condition of the approval for exempt projects shall continue to be
required.
Objective 9E.6 Use the Capital Improvements Element as a means to meet the needs of
the City for the construction of capital facilities to meet existing
deficiencies, to accommodate desired future growth and to replace
obsolete or worn-out facilities.
Policy 9E.6.1 The Capital Improvements Program will be reviewed annually to meet the
needs of the City.
Policy 9E.6.2 The City shall enforce the concurrency management system to ensure that
public facilities and services needed to maintain adopted levels of service
standards are available concurrent with the impacts of development. The
concurrency management system shall follow the guidelines and meet the
requirements established in Rule 9J-5.0055, F.A.C.
Objective 9E.7 The City shall establish formal procedures to limit public expenditures
that subsidize development in the coastal high-hazard area.
Policy 9E. 7.1 The City shall continue to enforce the policy that limits subsidizing
development in the coastal high hazard area defined as the barrier island and
all areas within two blocks of the Atlantic Intracoastal Waterway between
Northlake Boulevard and the Broward County Line by formulating a
Post-Disaster Redevelopment Plan that address the extent of rebuilding after a
major storm event. The purpose of the Plan would be to identify any areas of
the coastal high hazard area that would be restricted or developed in an
alternative manner. The Post-Disaster Redevelopment Plan should be
completed prior to the Five Year Comprehensive Plan update.
City of Boynton Beach 9-15 Date: December 18, 2001
School Concurrency Amendments Capital Improvements Element
Amendments 01-SCl Ordinance No, 01-61
.
AVAILABILITY OF SOLID WASTE DISPOSAL CAPACITY
January 17, 2007
Mr, Kurt Bressner YOUR PARTNER FOR
City Manager SOUl> WASTF sm.lTIONS
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33435-0310
Subject: A vailability of Solid Waste Disposal Capacity
Dear Mr. Bressner:
The Solid Waste Authority of Palm Beach County hereby provides certification that the Authority
has disposal capacity available to accommodate the solid waste generation for the municipalities and
unincorporated county for the coming year of 2007. This letter also constitutes notification of
sufficient capacity for concurrency management and comprehensive planning purposes. Capacity is
available for both the coming year, and the five and ten year planning periods specified in 9J-5,005(4).
As of September 30,2006, the Authority's North County Landfills had an estimated 35,026,315
cubic yards of landfill capacity remaining. Based upon the existing Palm Beach County population, the
most recently available population growth rates published by the University of Florida Bureau of
Economic and Business and Research (BEBR), medium projection, and projected rates of solid waste
generation, waste reduction and recycling, the Solid Waste Authority forecasts that capacity will be
available at the existing landfill through approximately the year 2021, assuming the depletion of the
Class I and Class ill landfills is approximately balanced.
The Board of the Solid Waste Authority authorized the initial design and permitting efforts to
develop a new landfill on 1600 acres owned by the Authority, The capacity of this new landfill facility
will extend the life of the solid waste system beyond the year 2065,
The Authority continues to pursue options to increase the life of its existing facilities and to provide
for all the County's current and future disposal and recycling needs. As part of its responsibility, the
Authority will provide an annual statement of disposal capacity, using the most current BEBR
projections available. Please provide copies of this letter to your plan review and concurrency
management staff. If you have any questions or I can be of further assistance, please do not hesitate to
contact me,
Very truly yours, !~ -.. 'p ~
tJ~C~ r\ :..' }
..,
1--'------ .----,
Marc C. Bruner, Ph.D. I JAN 20J7
Director of Planning and Environmental Programs I
L__.________-'
r'"
7501 North Jog Road, West Palm Beach, Florida 33412 (561) 640-4000 FAX (561) 640-3400
.
PALM BEACH COUNTY COMPREHENSIVE PLAN: MITIGATION
MEASURES FOR BOYNTON BEACH CRALLS
a. Atlantic Avenue from SR 7 to Lyons Road
2-Way Peak Hour Level of Service standard 2,100
b. Atlantic Avenue from Lyons Road to Starkey Road
2-Way Peak Hour Level of Service standard 3,200
c. Atlantic Avenue from Florida's Turnpike to Hagen Ranch Road
2-Way Peak Hour Level of Service standard 4,700
d. Atlantic Avenue from Hagen Ranch Road to Jog Road
2-Way Peak Hour Level of Service standard 4,700
One of the projects utilizing this CRALLS is Kenco Communities development on
Brookside Nursery property, and adjacent properties that are part of the same
development order, as part of the land swap with Palm Beach County for the
Delray Holdings 282 property on SR 7. As a mitigating factor for this CRALLS,
this developer shall participate in the land swap for the purpose of reducing
vehicle-miles traveled on SR7 and Lyons Road. In case the land swap does not
materialize, as a mitigation for this CRALLS, the project must enter into a funding
agreement to the satisfaction of County Engineer, to pay for the construction of
the 6-laning of West Atlantic Avenue from Florida's Turnpike to Jog Road and the
4-laning of West Atlantic Avenue from Lyons Road to Starkey Road.
The temporary CRALLS is also available for the benefit of developments already
approved on the Appolonia, Dubois, Montage, Terra Nova PUD, Terra Nova
MUPD, Tivoli Isles, Atlantic Commons, Delray TMD, and Mizner Country Club
properties as well as for the Hyder PUD development which has already been
approved for concurrency but has not yet received a development order. As a
mitigation for this CRALLS, any of the above-referenced developments utilizing
this CRALLS, must enter into a funding agreement to the satisfaction of County
Engineer, to pay for the construction of the 6-laning of West Atlantic Avenue from
Florida's Turnpike to Jog Road and the 4-laning of West Atlantic Avenue from
Lyons Road to Starkey Road,
The temporary CRALLS shall expire on December 31, 2012.
36. The following roadway segment and intersections are hereby designated as a
CRALLS facility:
a. Old Boynton Road from spine road to Boynton Beach Boulevard
Peak Hour Standard: 1,656
b. Intersection of Congress Avenue and Gateway Boulevard
Critical Sum: 1,498
c, Intersection of Congress Avenue and Old Boynton Road
Critical Sum: 1,744
Commencing in June, 2007 the City shall prepare and submit an annual report
that monitors traffic volumes on the affected roadway link and intersections, and
provides a status report on compliance with all of the mitigation measures
Palm Beach County Page 34 - TE 1989 Comprehensive Plan
Revised 11/27/06 Ordinances 2006.57 & 58
identified in this policy. Should any of the mitigation measures for the
Congress/Old Boynton CRALLS not be satisfactorily completed, it shall be
deemed that the City is in violation of the provisions of the CRALLS and no
further building permits requiring the CRALLS for concurrency shall be issued.
Mitigation Measures to be implemented in conjunction with this CRALLS include
the following:
1) Within three (3) years of adoption of this CRALLS, a Palm Tran Route
and/or City Trolley route serving the Boynton Town Center and Boynton
Village (Winchester Property) Developments with connections to the
Congress/Old Boynton area (connects to Mall, Downtown and Tri-Rail
station) shall be initiated. Should a Palm Tran route not be in place, the
City must operate a trolley service for a minimum of 2 years after
issuance of certificates of occupancy for 95% of the gross square footage
on the Boynton Town Center and Boynton Village (Winchester Property);
but after said 2-year period, if the trolley service operates with low
ridership or excessive costs, the City may petition the County Engineer to
eliminate said obligation.
2) CRALLS Mitigation Measures to be implemented by all developments
utilizing this CRALLS (including Boynton Town Center and Boynton
Village - Winchester Property), and to be included in all new concurrency
approvals and Development Order (D.O.) conditions for those
developments proposing more than 10 dwelling units and utilizing this
CRALLS to set aside at least 10% of their development for occupancy by
very low income (less than or equal to 50% of the County's median
annual adjusted gross income) households and low income (more than
50% but less than or equal to 80% percent of the County's median annual
adjusted gross income) households, and 10% for moderate income (more
than 80% but less than or equal to 120% percent of the County's median
annual adjusted gross income) households. Units meeting this
requirement shall include no more than 40% renter occupied units for low
income and very low income households and no more than 30% renter
occupied units for moderate income households. The remaining units
must be owner occupied. The renter occupied units must continue to be
attainable for a period of at least 20 years, and the owner occupied units
must continue to be attainable for a period of at least 10 years.
Attainability shall be assured through deed restrictions on these
properties.
However, as an alternative to the above requirement, the Boynton Town
Center and Boynton Village (Winchester Property) may choose to
contribute a fee in-lieu amounting to $750,000. Any other development
with a residential component may also choose to contribute a fee in-lieu
of units. The sum amount of this fee shall be established by the City
Commission and Board of County Commissioners, and it shall be paid to
the City of Boynton Beach's affordable housing program(s) to finance
land acquisition, homeowner assistance, or other actions to further the
City's affordable housing objectives as specified in the City of Boynton
Beach Comprehensive Plan.
Palm Beach County Page 35 - TE 1989 Comprehensive Plan
Revised 11/27/06 Ordinances 2006-57 & 58
3) All developments (including Boynton Town Center and Boynton Village ,.
Winchester Property) will provide an additional contribution above the
established road impact fee to help cover some of the funding shortfall for
the various transportation related improvements, at 0.5 times the
applicable impact fee to be used towards off-site roadway improvements.
This contribution shall be payable upon issuance of each building permit.
Impact fee credits may be applied to this contribution.
4) Other CRALLS Mitigation Measures to be implemented by the Boynton
Town Center and Boynton Village (Winchester Property), in order to
utilize this CRALLS, include the following:
a) Prior to issuance of building permits that generate more than 733
new external PM peak hour trips per County Engineer's
determination for the Property, contracts shall be let for:
1. Construction of spine road from Gateway Boulevard to Old
Boynton Road.
2. Construction of pathway within Greenway along C-16 and
E-4 canals,
b) A letter of credit shall be posted with the City for 110% of an
engineer's cost estimate for the widening projects prior to the first
building permit for the Boynton Town Center and Boynton Village
(Winchester Property), and prior to issuance of building permits
that generate more than 963 new external PM peak hour trips per
County Engineer's determination for the Boynton Town Center
and Boynton Village (Winchester Property), contracts shall be let
for:
1 . Construction of 5-lane Old Boynton Road from Congress
Avenue to spine road, with appropriate transition to 3-lane
section east of spine road.
2. Construction of 3-lane Old Boynton Road from spine road
to Boynton Beach Boulevard. As part of this construction,
the Boynton Town Center and Boynton Village (Winchester
Property) at its own cost must offer all homeowners, where
geometrically feasible, to install circular driveways or 'T'
turn arounds.
c) A letter of credit shall be posted with the City for 110% of an
engineer's cost estimate for the widening project prior to issuance
of the first building permit, and within twelve months of the first
building permit a contract shall be let for this widening of Gateway
Blvd to 6 lanes from Congress Ave to High Ridge Rd including the
required intersection improvements at the intersection of Gateway
and Congress Avenue (with the exception of southbound right turn
lane). The Boynton Town Center and Boynton Village
(Winchester Property) Developments shall be entitled to County
road impact fee credits for this improvement.
d) The Property must:
1. Provide Multiple Uses and Mixed Use Structures,
Palm Beach County Page 36 ' TE 1 989 Comprehensive Plan
Revised 11/27/06 Ordinances 2006-57 & 58
2. Unify residential and non-residential land uses through
driveway locations and pathways.
3. Allow Home Businesses and Live-Work Units.
4. Provide a minimum of 30% density/intensity reduction from
the approved comprehensive Plan.
5. Introduce Non-Vehicular Corridor (bike lane/path) Along
spine road.
6. Dedicate a local City Park within the property.
e) At time of project platting:
1. Provide easement (as required by PalmTran) for bus
stop/shelter on the Property.
f) A letter of credit shall be posted with the City prior to the first
building permit for the Property, and prior to issuance of building
permits that generate more than 733 new external PM peak hour
trips per County Engineer's determination for the Property,
contracts shall be let for the following Intersection improvements:
.'
1. Raised median divider on West approach of Old Boynton
Rd and Congress Avenue intersection, if geometrically
feasible as determined by the County Engineer.
2. Extended storage length of northbound left turn at Boynton
Beach Blvd and Congress Avenue, if geometrically feasible
as determined by the County Engineer.
g) A letter of credit shall be posted with the County for 110% of an
engineer's cost estimate for the improvement prior to the first
building permit for the Property for traffic signal installation at
spine road/Old Boynton Road, said traffic signal shall be installed
if warranted by the County Engineer.
37. The following roadway segment is hereby designated as a temporary CRALLS
facility exclusively for the purposes of developments conditioned on widening of
Congress Avenue.
a. Congress Avenue from Lantana Rd to Melaleuca Lane as a 4 lane
divided facility
A.M. Two-Way Peak Hour Standard 4175 vehicles per hour
P.M. Two-Way Peak Hour Standard 4256 vehicles per hour
CRALLS Mitigation Measures to be implemented in conjunction with this
CRALLS include the following:
1 ) The County will move forward with the construction of the six (6) lane
widening of Congress Avenue from Lantana Road to Melaleuca Lane.
This CRALLS shall no longer be in effect after December 31, 2008 or at the
commencement of construction of 6 lanes on Congress Avenue between
Lantana Road and Melaleuca Lane, whichever comes first.
Palm Beach County Page 37 - TE 1989 Comprehensive Plan
Revised 11/27/06 Ordinances 2006-57 & 58
COpy OF ORDINANCE 07-023, AMENDING RATE SCHEDULE
FOR UTILITY SERVICES
1 ORDINANCE NO. 07- D~:3
2
3 AN ORDINANCE OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA
5 AMENDING CHAPTER 26, WATER, SEWERS AND
6 CITY UTILITIES, AMENDING SECTION 26-9,
7 REVISING THE RATE SCHEDULE FOR POTABLE
8 WATER AND WASTEWATER; AMENDING SECTION
9 i! 26-34, REVISING THE CAPITAL FACILITIES
10 i CHARGE IMPOSED; AND PROVIDING FOR
11 CONFLICTS, SEVERABILITY, CODIFICATION AND
12 AN EFFECTIVE DATE.
13
14 WHEREAS, at the direction of the City Commission of the City'of Boynton Beach, I
15 in 2005 the City's utility system consulting engineers, CH2M Hill Consulting Engineers,
16 conducted a study on water and sewer rates necessary in order for the City to provide the
17 desired level of services ("Study"); and
18 WHEREAS, based on their review of the Study and the potable water, wastewater
19 and stormwater systems and the capital facilities charges, City staff recommends
20 modifications to Chapter 26, Water, Sewers and City Utilities, of the Code of Ordinances;
21 and
22 WHEREAS, the provisions of Section 180.136, Florida Statutes, requiring notice of
23 proposed increase to any rate, charge or fee for water or sewer utility service, have been
24 satisfied, as the required notice has been furnished to each utility customer through the City's
25 regular billing process; and
26 WHEREAS, the City Commission of the City of Boynton Beach has determined that
27 the revenue requirement for the City's potable water, wastewater and stormwater systems will
28 increase 6.5% for FY 2008 and then 5.5% annually through 2012; and
29 WHEREAS, in order to ensure that the proj ected requirement increases are covered,
1
1 adjustments for potable water and wastewater rates and capital facilities are necessary; and
2 WHEREAS, the City Commission of the City of Boynton Beach, based upon the
3 justification provided by the City's utility system consulting engineer in a report to the City
4 Commission in May 2007, and by City staff, deems it to be in the best interests of the citizens
5 and residents of the City to amend Chapter 26, Water, Sewers and City Utilities, of the City
6 of Boynton Beach Code of Ordinances to provide for these necessary changes;
7 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
8 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
9 Section 1. Each Whereas clause set forth above is true and correct and
10 i incorporated herein by this reference.
I
11 Section 2. That Chapter 26, Article I, Section 26-9, entitled Water and
12 wastewater rates and charges, is hereby amended in part by deleting Schedule I, Potable
13 Water Rates, and replacing the same with a new Schedule I, Potable Water Rates, as follows:
14
15 Sec. 26-9. Water and wastewater rates and charges.
16
17 The monthly rates and charges for water and wastewater shall be as
18 set forth in the five-year schedules in this section. Such rates shall become
19 effective on October 1 st of each of the fiscal years indicated and shall not be
20 prorated:
21
22 SCHEDULE I. POTABLE WATER RATES
23
24
111sidc City Outside City
o 9.000 $1.15 per thousand $1.14 per thousand
v-allons
2
i
I!~~ I~.~;= I!.~~;~:; I
. ~~~~ . ~2:75 pertlioH'.eOO . ~~~~erthO.&afld
1 II
2 I (b)(b) Commercial Rages:
3 !
.'{onthly P-8tflblc l1rsitk City Olltsitie City
U7_.~. TT__._
D___ ... Ct'O f\f\ _~_ 1t'1 f\ An.
~_~~ ...~.~V p_' ....' .~v t'~'
Ii 09,000 $1.15 pcrth01:1Sand $1.11 perthel:lsand
.. ,.... ..
I 9,00030,000 $1.96pcrthol:lsand $2.15pertho1:lsand
.11. I d." ..
I
I OYe[30,000 $2.75 per thousand $3.44perthe1:lsand
, . 11 . ,_ 1I~. ~
4
5 (a) Residential and Commercial rates inside city:
6
Fiscal Base Facility Base Facility 0-9,000 9,001- 30,001- Over
Year Charge Charge gallons/ 30,000 50,000 50,000
(Residential) (Commercial month* gallons/ gallons/ gallons/
) month* month * month *
2007- $4.40 $8.80 $1.16 $2.07 $2.75 $3.39
08
2008- 4.84 9.68 1.27 2.27 3.03 3.73
09
2009- 5.23 10.45 1.37 2.45 3.27 4.03
10
2010- 5.44 10.87 1.43 2.55 3.40 4.19
11
2011- 5.44 10.87 1.43 2.55 3.40 4.19
12
7
8 (b) Residential and Commercial rates outside city:
9
Fiscal Base Facility Base Facility 0-9,000 9,001- 30,001- Over
Year Charge Charge gallons/ 30,000 50,000 50,000
(Residential) (Commercial month* gallons/ gallons/ gallons/
) month* month* month*
2007- $5.50 $11.00 $1.44 $2.58 $3.44 $4.24
08
2008- 6.05 12.10 1.59 2.84 3.78 4.67
09
3
T 5.04 -- - ~.,_...-
2009- 6.53 13.07 1.72 3.07 4.08
10 i
201 0- 6.80 13.59 1.78 3.19 4.25 f 5.24
11 i
2011- 6.80 13.59 1.78 3.19 4.25 15.24 ~
I 12
I
I
2 *Represents monthly usage rates per thousand gallons
3
4 Section 3. That Chapter 26, Article I, Section 26-9, entitled Water and wastewater rates
5 and charges, is hereby amended in part by deleting Schedule II, Wastewater Rates, and
6 replacing the same with a new Schedule II, Wastewater Rates, as follows:
7 SCHEDULE II. WASTEWATER RATES
8 '-' .... . . ~. . -, . ~
cUI ~-.vr.
F+seal Base Commodity Rate Rate If No 'AT ater !
I
Dollars POT n.lotlSand Metef
Gallons
1990 91 ~ ~ $16.45
1991 92 g.,@ ge ++A&
1992 93 9A+ +:# ~
1993 91 ~ -l-,M W:-+4
1994 95 ~ -l-,M +9:-+4
9 /1... \..... . 1 _ .J " .... . . ~...- .
VTUr
Fffiea.l Base Commodity Rate Rate If No Watcr l
Dollars Pcr Thousand Mt*ef i
I Gallons I
1 990 91 $9;% ~ $20.55 I
1991 92 W:U -l-:-+G ~ I
1992 93 -l-h+6 ~ ~
1993 94 ~ ~ ~ I
1994 95 ~ ~ ~ I
10
11 (a) Residential and commercial rates inside city:
12
Fiscal Base Commodity Rate Rate If No Water
Dollars Per Thousand Meter
Gallons
2007 -08 $11.14 $1.69 $23.00
2008-09 12.03 1.83 24.84 i
2009-10 12.52 1.90 25.83 !
4 I
2010-11 12.77 1.94 26.35
2011-12 12.96 1.97 26.75
I
2 (b) Residential and commercial rates outside city:
3
fiscal Base Commodity Rate Rate If No Water
Dollars Per Thousand Meter
Gallons
2007-08 $13.93 $2.12 $28.79
2008-09 15.04 2.29 31.09
2009-10 15.64 2.38 32.33
2010-11 15.95 2.43 32.98
2011-12 16.19 2.47 33.47
4
5 Section 4. That Chapter 26, Article IT, Section 26-34 is hereby amended in party
6 by adding the words and figures in underlined type and by deleting the words and figures in
7 struck-through type as follows:
8 Sec. 26.34. Capital facilities charges and connection charges.
9 W CAPITAL fACILITIES CHARGE IMPOSED. When property
10 receives water and/or sewage service from systems owned or controlled by the
11 city, the owner of such property shall pay unto the city a water and/or sewage
12 capital facilities charge as follows:
13
14 (1) Water:
15 (a) Property located within the municipal limits of Boynton Beach.
16 Nino hlffidred thirty threo dollars ($933.00) One thousand one
17 hundred twenty-two dollars ($1.122.00) per equivalent dwelling
18 unit. "Equivalent dwelling unit" is defined as a unit of construction
19 having the same water usage as a one-bedroom single-family
20 home, and the number of equivalent dwelling units, for the purpose
21 of this calculation, contained within the property shall be
22 determined in accordance with the schedule attached to Ordinance
23 Number 80-10 [Article II of this chapter] and by reference made a
24 part thereof.
25
26 (b) Property located beyond the municipal limits of Boynton Beach but
27 I within the utility service area. One thousaRd OHO lumdred siJCty six
28 dollars ($1, l(io. 00) One thousand four hundred three dollars
29 ($1.403.00) per equivalent dwelling unit. "Equivalent dwelling
5
i
unit" is defined as a unit of construction having the same water ,
1 I
;
i
2 usage as a one-bedroom single-family home, and the number of i
I
3 equivalent dwelling units, for the purpose of this calculation, i
4 contained within the property shall be detennined in accordance I
5 with the schedule attached to Ordinance Number 80-10 [Article II
6 of this chapter] and by reference made a part thereof.
7 I
8 (2) Sewage: I
,
9 I
10 (a) Property located within the municipal limits of Boynton Beach.
11 One hundred sixty six dollars ($] 66.(0) Six hundred sixty-five
12 dollars ($665.00) per equivalent dwelling uni 1. "Equivalent
13 dwelling unit" is defined as a unit of construction generating the
14 same amount of sewage as a one-bedroom single-family home, and
15 the number of equivalent dwelling units, for the purpose of this
16 calculation, contained within the property shall be determined in
17 accordance with the schedule attached to Ordinance Number 80-10
18 [Article II of this chapter] and by reference made a part thereof
19
20 (b) Property located beyond the municipal limits of the City of
21 Boynton Beach but within the utility service area. Eil!bt hundred
22 thirty-one dollars ($831.00) Two hHndred SO\'OR dol1ar-;- ($207.0~
23 per equivalent dwelling unit. "Equivalent dwelling unit" is defined
24 as a unit of construction generating the same amount of sewage as I
25 a one-bedroom single-family home, and the number of equivalent
26 dwelling units, for the purpose of this calculation, contained within
27 the property shall be detennined in accordance with the schedule
28 attached to Ordinance Number 80-10 [Article II of this chapter]
29 and by reference made a part thereof.
30 I
31 Said capital facilities charge is designed to cover the cost of existing or I
32 additional raw water production facilities, water treatment facilities and water
33 distribution facilities together with sewage transmission facilities either existing
34 or additions and improvements thereto which will be utilized by the city to
35 provide water and sewer service to said property. Said capital facilities charge
36 shall be paid or in part credited if appropriate upon the issuance of the first
37 building permit issued on the owner's property and shall be computed based upon
38 the rate in effect upon that date.
39 '"
40
41 Section 5. Each and every other provision of Chapter 26, not herein specifically
42 amended shall remain in full force and effect as previously enacted.
6
1 Section 6. All ordinances or parts of ordinances in conflict herewith be and the
2 same are hereby repealed.
3 Section 7. Should any section or provision of this ordinance or portion hereof,
4 any paragraph, sentence or word be declared by a court of competent jurisdiction to be
5 invalid, such decision shall not affect the remainder of this ordinance.
6 Section 8. Authority is hereby granted to codify said ordinance.
7 Section 9. This ordinance shall become effective October 1,2007.
8 FIRST READING this ~ day of AU.~U.~T ,2007.
9
10 SECOND, FINAL READING AND PASSAGE this ~ day of
11 ~,2007.
12
I3
14
15
16
17
18
19
20
21
22
23
24
25 ATTEST: . C~AackM:cCray
26 '.L \, /~ \.""7 ,
27 If..Ul. . ..... ___~' __ . . '.1 ~
28 J et M. Prainito, CMC (CoiTim:ismoRer G '~Oy .. _. '__ ___'. '
29 ity Clerk .' /'--____ )
30 ___
31 (CORPORATE SEAL)
32
33
7
LOCA TION MAPS FOR SELECTED UTILITY PROJECTS
MAP A. CITY OF BOYNTON BEACH: WELLFIELD LOCATIONS
~l II ?'
-'\. -
'), \
GJ
....
-
.-
8 AI
-
"-
..
\
~
t ~. - .... 4
j~ ~4il
- - ...-t-
Legend N
weE
......
,...~ CIty Boundary
C::J utility Service Area Boundary
--+--- Railroads
iii! water Bodies S
0 1,350 2,700 5,<100 8,100 10,100
- - F_t
MAP B. CITY OF BOYNTON BEACH:
POTENTIAL FLORIDAN AQUIFER WELL SITES
I
:;~:...::.;
.-
e
e
-'"
~ ..)J ~ 0=
~
(e
, ,
~ir t~ ..
r ,""
r ".':!
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t'
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Legend .
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, _ CIty Boundary W E
.....
C::J utility Service Area Boundary . .
-+- Railroads S
1._ Water Bodies 0 1,250 2,500 5,000 7,500 10,000
- - Fe.t
MAP C. CITY OF BOYNTON BEACH:
INFILTRATION AND INFLOW IMPROVEMENT AREAS
~
i e :~:1
r~ . :.: -
I;.~'
0
-
I
---
.-,,-:.:.:' . ~ _.:J "Jl
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40
'"
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Legend N
.
...... . .
11....1: City Boundary W E
C:::l utility Service Ante Boundary . .
- Railroads . .
III Water Bodies S
0 1,280 2,100 6,000 7,aoo 10,000
- - _t
STRATEGIC PLAN FOR RECREATION AND PARKS
DEPARTMENT WITH THE PROPOSED DRAFT OF RECREATION
AND OPEN SPACE ELEMENT*
*Draft provided as a background document and not for review. The proposed amendment
will be submitted in 2008 as part of the EAR package
i""M
L.,~.
r-cj
'g City of Boynton Beach
~f~:~ Recreation and Parks Department
...d' Boynton Beach, Florida
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ro
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~ Strategic Plan
~ Recreation and Open Space Element
. 2007 -2008
~
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~ Ufe fun\!
~ BOynton Beach
~ Recreation and Par~ Department
lAzy oJ Doynton Beach Recreation and Parks Department
Strategic Master Plan
Boynton Beach Recreation and Parks Strategic Master Plan
Table of Contents
I. INTR 0 D U CTI 0 N ......... ................... ...... ... ..... ............ ..... ... ............ ..... ........ .......... ..... 1
A. Overview.... ........................................ ..... ..................................... ........ ............. .......................... .... 1
B. Methodology................. ...... ........ ........... ................. ... ........ ............ ........ ..... ....... ....................,........ 3
C. Purpose of Plan. ............................. ..................... ...................... ............................................ . .,
...... ,)
II. INVENTORY AND ANAL YSIS ...........................................................................4
A. Parks Classifications......... ................ .......................................................... .................................... 4
B. Inventory........ ....... .......... ................. ....... ..................... ..... ......................... ............................. ....... 6
C. Anal ysis ............................................................ .............................................................. ...... . .. . .. ..... 9
III. VISION ................................................. ......... ................ ............................... .... ...... 14
IV. PARK ST ANDARDS ............................................................................................ 16
A. Overview............................................................................................................ ....... ... ....... ... ...... 16
B. Description of Standards .................................. ....... ................................ ......... ............................. 16
C. Needs Assessment......................................................................................................................... 16
D. Level of Standards .......... ............ ..................... ..................... ..... ......... ................. ......................... 17
V. MASTER PLAN .................................................................................. ....... .... ....... 18
A. Conceptual Parks and Recreation System Map .....................................................................,..... 1 8
B. Future Park Improvements............................................................................................................ 20
VI. THE IMPLEMENTATION PLAN ..................................................................... 28
A. Capital Improvements Plan................... ................. .......... ...... ........ ............ ................................... 28
B. Funding Sources..................................................................................................................... ....28
C. Comprehensive Plan ........... ........... ............ ....... ........... ............ .............................................., ..... 31
D. Management and Administrative Recommendations ............. .......... ............................................ 31
VII. MARKETING PLAN ....................................................................................... ..... 38
VIII. PR OGRAMMIN G PLAN ................... ............................ ... ........................ .... ....... 38
IX. PROFESSIONAL DEVELOPMENT PLAN ..................................................... 38
X. EV AL U A TI 0 N ................. .................................................. ....................... ............ 38
XI. COMMUNITY RELATIONS PLAN ..................................................................38
XII. REVENUE PLAN ....... ......................... ...... .................. ..... ..................... ......... ....... 38
XIII. NEEDS ASSE SSMENT .... ........... .... ... ................................ ..... .......... ................ ... 38
XIV. TECHNOLOGY PLAN ................................................ ..... ............ .............. ...... ... 38
XV. PREVENTATIVE MAINTENANCE PLAN ..................................................... 38
APPEND ICES .............. .......................... ......... .... .......... ... ................ ...... ..... .............. ....... 38
Appendix A
Recommendations from Staff Connections regarding Organizational Structure
Appendix B
Revised Comprehensive Plan
Appendix C
5-year Capital Improvement Plan
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan
Acknowled2ements
City Commission Recreation and Parks Advisory Board
Mayor Jerry Taylor Elizabeth (Betty) Pierce-Roe, Chair
Vice Mayor Jose Rodriguez William Orlove, Vice-Chair
Commissioner Mack McCray John (Jay) Allard
Commissioner Carl McKoy David Barie
Commissioner Ron Weiland Patti Hammer
John McVey
Janelle Sloane
City Staff
Kurt Bressner, City Manager
Wilfred Hawkins, Assistant City Manager
Wally Majors, Director of Recreation and Parks
Jody Rivers, Parks Superintendent
Virginia Shea, Senior Recreation Manager
Mary DeGraffenreidt, Senior Recreation Manager
Tom Balfe, Parks Manager
Sherri Claude, Assistant to the Director
Vicki Robertson, Administrative Secretary
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City of Boynton Beach Recreation and Parks Department
Strategic Master Plan
I. INTRODUCTION
A. Overview
Throughout time, parks and open spaces have provided a unifying community structure and an
aesthetic identity to our urban environments as well as providing recreational opportunities.
While it is difficult to place a precise value on our parks and open space systems, it is clear to all
that they provide a variety of benefits that contribute to the "liveability" of our cities, such as:
. Accommodate recreational activities,
· Attract recreation enthusiasts,
· Increase property values,
· Provide public access to natural recreation areas and significant sites,
· Provide and enhance animal and plant habitats,
· Conserve, preserve and protect historic character,
· Contribute to the city's identity and marketability,
· Enhance aesthetic quality, and
· Contribute to clean air and water.
Parks and recreation opportunities contribute to the health of residents, provide a variety of
recreational and educational activities for all ages, and preserve and enhance the quality and
integrity of the natural environment. Parks and recreational opportunities are also significant in
attracting visitors to the community and, thus, contribute to local tourism and economic
development. When a community has a comprehensive and interrelated system of parks and
recreation opportunities that responds to the needs and values of local residents, the residents
support their local governments, become involved in their community activities, and reap the
benefits of a "quality-of-life" community.
Over the past year, the importance of recreation and parks has been even more compelling with
the "It Starts in Parks" (rSIP) program initiated by the Florida Recreation and Parks Association
and incorporated into the National Recreation and Parks marketing plan. The ISIP campaign is
intended to better position parks and recreation in the future to be recognized and supported for
the benefits and services provided by the profession. The eight (8) messages of the ISIP
campaIgn are:
. Personal Achievement
. Sense of Community
. Conservation of our natural resources
. Economic development
. Good health
. Ties to our heritage
. Respect for nature
. Florida's future
The recreation and parks facilities in the State of Florida generate over $34,000,000,000 ($34
Billion) annually. The profession of recreation and parks has a startling effect on the citizens
and visitors to the state. This department is making sure that this message is taken into our
community by implementing the ISIP campaign in the City of Boynton Beach.
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan 1
This Master Plan identifies the recreational needs of the citizens of Boynton Beach as indicated
in the System Map and the Comp Plan and recommends strategies and actions for meeting those
needs. The Master Plan identifies the actions necessary to implement the plan in order to satisfy
the expectations of the community. It includes recommendations that give guidance for
improving programs and services, creating a financially responsible organization, making land
acquisitions and protecting open spaces, improving and establishing new facilities and instituting
continuous improvement processes. This plan will enable the city to make the necessary changes
that will help sustain an attractive and livable city.
The City of Boynton Beach Recreation and Park staff prepared this Master Plan to serve as the
strategic planning tool for making parks, open space, facility and recreational program decisions
over the next decade. The master Plan includes recommendations that give guidance for
improving programs and services, creating a financially responsible organization, making land
acquisitions and protecting open spaces, improving and establishing new facilities and instituting
continuous improvement processes. Through these processes, the department will constantly and
consistently review community input and pro actively make the necessary changes that will help
create an attractive and livable city.
The City of Boynton Beach is experiencing unprecedented growth. With this increase in
development come new issues, expectations and demands for expansion and protection of park
lands and open spaces. The anticipation of these changes has led to the research and design of
this Master Plan in the hopes that every one of the demands are met, and that the City of Boynton
Beach will continue to find itself among the best communities in the country.
The City of Boynton Beach is growing and becoming more diverse in its economic development.
In Boynton Beach, parks and recreation services continue to be an integral part of establishing
and sustaining a higher quality of life while highlighting an image and character that is unique to
Boynton Beach. To this end, parks and recreation services can affect the city by their ability to:
. Provide social benefits by connecting people within the community regardless of income,
background and ability.
. Provide economic benefits by improving the quality of life in the community and helping to
attract businesses and residents to the city.
. Provide protection of the environment by establishing greenways, natural areas and open
spaces managed by the city.
. Provide benefits to individuals and the community by promoting physical fitness and self-
improvement.
The process used to shape this Master Plan included the following tasks:
. Evaluating current services and operations of the Recreation and Parks Department.
. Evaluating current and future needs for parks, recreation services, recreation facilities, open
space and trails.
. Creating equity access maps to visualize and determine gaps of services.
. Developing recommendations and an implementation plan for the future that will provide the
greatest benefits to the residents.
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan 2
B. Methodology
In 2001, the City of Boynton Beach Recreation and Parks Department commissioned a Needs
Assessment, which was prepared by Management Learning Laboratories. The purpose of the
assessment was to determine recreation interests, facility usage, and opinion of recreation as
related to the Boynton Beach system of parks and facilities. After review of the information that
resulted from the study, it was determined that a master plan of the park system should be
developed that would steer the direction of the acquisition and development of parks and
facilities into the future of Boynton Beach. In July 2004, the firm of Glatting Jackson Kercher
Anglin Lopez Rinehart, Inc. was hired to solicit public input regarding the city's parks,
recreation facilities and programs and to prepare the Conceptual Parks and Recreation System
Map and make changes to the City's Comprehensive Plan that will allow the recommendations
in the System Map to occur.
Through a series of meetings with city staff, board members from the Senior Advisory and the
Recreation and Parks Boards, and the general public, a system-wide map was developed that
indicated existing parks and proposed parks, recreation facilities, greenways, bikeways and open
space.
Interviews were held with the City Commission, City Manager, Interim Director of Human
Resources, the Planning Team and staff to determine the strengths and weaknesses of the
department. Complete summaries of these interviews are included in the Appendix of this
report. In summary, the participants were asked four (4) questions regarding the "ideal" park
system, issues that need to be addressed, funding mechanisms and partnerships. In general, it
was felt by most of the participants that the department has a motivated and dedicated staff, the
parks inventory needed to be analyzed, departmental organization needed to be analyzed,
funding sources need to be identified and partnerships with schools and private developers
should be addressed.
Using this information, the Recreation and Parks staff analyzed the current and future needs for
additional staff and operating resources. Park standards, or Levels of Service, for park land and
facilities were determined. Potential funding sources were identified.
In 2007, Recreation and Park staff updated the Strategic Plan to show projects that have been
completed since the adoption of the 2006 plan and to match the 2007-2011 Capital
Improvements Plan (CIP) as adopted by the City Commission.
c. Purpose of Plan
The Master Plan has been prepared to address the following key goals:
. Assess current needs for recreation and park facilities for the citizens of Boynton Beach.
. Assess the future needs for recreation and park facilities for the citizens of Boynton
Beach.
. Prepare a long range, phased plan for the provision of current and future park needs.
. Preservation of important natural and cultural facilities.
. Provide a system of connected greenways and trails for the city.
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan 3
. Provide an effective Parks and Recreation services delivery system for the citizens.
. Effective management/administrative/departmental structure;
0 Effective maintenance system;
0 Land Development Regulations to provide for future park needs;
0 Appropriate funding program for future capital improvements;
0 Creation of appropriate multi-jurisdictional partnerships for the provision of parks
and open space services.
II. INVENTORY AND ANALYSIS
A. Parks Classifications
The Recreation and Parks Department, through the Strategic Planning process, has
developed different park classifications. The following the definitions:
Urban Open/Civic Space
Urban parks will provide civic open space in the downtown area for the enjoyment of all
the residents of the City as well as visitors to Boynton Beach. They serve as elegant
public spaces that are designed to complement the urban patterns of downtown Boynton
Beach. These parks will serve as urban oases amongst the bustle of downtown activity.
Urban parks should be located according to traditional town planning principles and good
urban design. The parks will be of two types: (1.) downtown plazas, and (2.) waterfront
parks. Additional urban pocket parks will be added to complement the historic urban
framework. All of the urban parks should be tied together with a network of streetscaped
pedestrian walkways and urban trails. The waterfront park system will build upon and
enhance the waterfront park network in the downtown. The waterfront park system will
create a connected system of urban park amenities along the waterfront and provide
direct access to the activities of the downtown. The park facilities and programs of the
park spaces should complement the objectives of the Community Redevelopment
Agency. The urban park experience should embrace the spirit of Boynton Beach as a
quality-of-life destination with a quaint traditional hometown feel.
Community Parks
Community parks are typically the largest active parks in the City and serve the largest
population base. They are the most comprehensive in terms of recreation activities
provided. These parks are the most expensive to build and maintain.
The optimum service area for a community park in Boynton Beach should be one (1)
mile. Community parks should be serviced by arterial and collector streets and be easily
accessible throughout the service area by way of interconnecting trails. While
community parks should be strategically located through the community, their locations
can be significantly impacted by other types of parks, most notably regional or county
parks, which can contain some of the same recreational opportunities provided in
community parks.
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan 4
The optimal size of a community park should be based on the land area needed to
accommodate the desired uses.
Special Use Parks
Special use parks are those parks with unique, specialized amenities that cater to a select
group of users. In Boynton Beach, special use parks include the cemeteries, the Little
League Park and Kids Kingdom. Efforts should be made to include future special uses in
neighborhood and community parks rather than segregate them into separate areas.
Neiehborhood Parks
Neighborhood parks will be the basic unit of the Boynton Beach park system and serve as
the recreational and social focus of each neighborhood. They should be developed for
both active and passive activities geared specifically for those living within the
neighborhood service area. These parks should accommodate a wide variety of age and
user groups, including children, adults, seniors, family groups, and special populations.
Creating a sense of place in each park by bringing together the unique character of each
site with the social character of the neighborhood will be vital to creating a successful
design.
Neighborhood parks should be centrally located within each service area, which should
encompass a Y2 mile distance, and if possible, uninterrupted by non-residential streets or
other physical barriers. Each site should be accessible from throughout its service area by
way of interconnecting trails, sidewalks or low-volume streets. Ease of access and
walking distance are critical factors in locating a neighborhood park. A person's
willingness to use a neighborhood park is greatly reduced if they perceive it to be
difficult to access or not within a reasonable walking distance. Ease of access, central
location and linkage to greenways are the key concerns when selecting a site. The site
itself should exhibit the physical characteristics appropriate for both active and passive
recreational uses. Since one of the primary reasons people go to a park is to experience a
pleasant outdoor environment, the site should have some innate aesthetic qualities. "Left-
over" parcels of land that are undesirable for development are generally undesirable for
neighborhood parks as well and should be avoided. Additionally, it is more cost effective
to select a site with inherent aesthetic qualities, rather than trying to create them through
extensive site development. Given the importance of location, neighborhood parks should
be selected before a subdivision is platted and acquired as part of the development
process.
It is recommended that 5 acres be the generally accepted minimum size necessary to
provide space for a menu of activities. The site should have well-drainage and suitable
soils and level topography. Ideally, it should be connected to other park system
components such as natural areas, lakes, ponds, and greenways. Land within a flood plain
should only be considered if the facilities are constructed above the appropriate flood
elevation. Although a park size of 5 acres is recommended, the actual size should be
based on the land area needed to accommodate the desired uses.
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan 5
Since each neighborhood is unique, input from neighborhood residents should be used to
determine the development program for the park. The guidelines presented here should
be used as a framework to guide program development and ensure consistency with other
park system components. They should not be used as an impediment to creative design
possibilities.
Development of a neighborhood park should seek to achieve a balance between active
and passive uses. Active recreational facilities are intended to be used in an informal and
unstructured manner. Neighborhood parks are not intended to be used for programmed
activities that result in overuse, noise, parking problems and congestion.
Neighborhood parks should be the basic unit of the Boynton Beach park system and serve
as the recreational and social focus of each neighborhood.
Conservation Lands
The function of an Open Space Park or Greenbelt is to provide space where people can
engage in passive and active recreation, provide preservation and conservation of
environmentally sensitive areas and habitat for wildlife, and to serve as corridors to
effectively link park system components together to form a continuous park environment.
These parks should be located in areas of significant natural resources, aesthetic
landscapes, and open space. There are no specific standards for how much conservation
land a community should have. Instead, it is dependent on the number and quality of
natural and historical resources in the area, the public desire to preserve these valuable
sites, and the willingness of the citizens to provide funds for their preservation.
Water and Beach Access Parks
These parks offer opportunities for access to and interaction with the Intracoastal
Waterway and the Atlantic Ocean. Amenities can include kayaking and canoe launches,
fishing areas, observation boardwalks, day docks, boat launching ramps, volleyball
courts, picnic areas, restrooms and parking. Generally each park has its own unique
features that are defined by the relationship with the water.
Neighborhood and community input through the public input process should be the
primary determinant of development of any park. The guidelines posted in this document
should be used as a framework to guide program development and ensure consistency
with the other park system components. They should not be used as an impediment to
creative and unique design concepts.
B. Inventory
1. Park Land
a. Existing Park System
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan 6
The current park system is made up of 32 parks, cemeteries and open spaces in
the following categories:
Urban Ooen/Civic Soace Acres Nei2hborhood Parks -------Acres --I
Bicentennial Park 0.60 Bovnton Lakes Park 8.6 !
Edward Harmening Arbor 0.46 Civic Center f--~
Heritage Park 0.24 Forest Hills Park =0
Hibiscus Park 0.83 Galaxy Park 3.7
Kiwanis/Sierra Club Park 0.19 Laurel Hill Park -r- 1.26 i
Veterans' Park 0.3 Meadows Park 7.21
TOTAL 2.60 Knollwood Park 3.3 !
Pence Park :- 2.9 :
Communitv Parks Acres Pioneer Canal Park 3.2 !
Congress A venue Park 24.3 Rolling Green School 5.3 i
Ezell Hester Park 23.7 Southeast Neighborhood i ') 3 i
~. I
Wilson Park 5.44 TOTAL 42.55
TOTAL 53.44 :A~~
Conservation Lands
Special Use Parks Acres Seacrest Scrub * 53.7 :
i - 8.0 i
Barton Mem. Park/Cemetery 6.4 Rolling Green Scrub * *
Boynton Beach Memorial 12.41 Rosemary Scrub * ! ] 3.4 I
Cemetery
Little League 12.8 TOTAL i 67.10 i
Kids Kingdom 0.44 i I
Sara Sims Park/Cemetery 6.95 Water/Beach Access : Acres
TOTAL 39.00 Boat Club Park : 7.9l
Intracoastal Park I
9.4
Greenwavs/Bikeways Acres Jaycee Park , 5.5
Palmetto Green 2.16 Mangrove Park i 10.72
TOTAL 2.16 Oceanfront Park i 10.7 ,
TOTAL 44.22 I
-
* Owned by Palm Beach County. Maintained by City of Boynton Beach
** Rolling Green acreage including in total acreage for Ezell Hester Park
This is a citywide total acreage of 251.07 acres of park, cemetery and open space
lands.
b. Future Park Sites
The following areas are potential future park sites:
Site Acres
FP&L 7.14
Girl Scout 7.58
Nichols Road 14.74
Nautica Sound/Meadows I 9.8
Quantum 17.39
Winchester 5.0
Woolbright Place 3.62
TOTAL 64.55
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan 7
Thus, there is a potential for 315.62 acres of park, cemetery and open
space lands in the City.
2. Facilities
a. Existing Recreation Facilities
. Art Center
0 Community Center with Class Rooms
. Boat Club Park
0 Meeting Room
0 Play Equipment
. City Hall in the Mall
0 Office Space
. Civic Center
0 Community Center with Class Rooms
. Congress A venue Community Park
0 Har- Tru Tennis Courts (17)
0 4 Hard Surface Tennis Courts
0 Pro Shop
0 Locker Rooms/Showers
. Ezell Hester Park
0 Community Center with Activity and Meeting Rooms and
Gymnasium
0 Baseball/Softball Field
0 Basketball Courts (3)
0 New and Improved Play Equipment
0 Pavilion
0 Racquetball Court (4)
0 Tennis Court (2)
0 Nature Preserve
. Madsen Center
0 Program Room
0 Shuffleboard Courts (16)
. Senior Center
0 Community Center with Meeting Rooms, Exercise Room, Kitchen,
Computer Room, Arts & Crafts Room and Game Room
e Carolyn Sims Center and Wilson Park
0 See Future Recreational Facilities
b. Future Recreational Facilities
. Intracoastal Park Clubhouse
0 Community Center with Meeting and Program Rooms
e Carolyn Sims Center and Wilson Park
0 New building will have gymnasium and meeting rooms
0 Picnic Facilities
0 Playground
0 Pool to be replaced
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan 8
0 Open Play Field
0 Basketball Court
c. Analysis
3. Park Land and Facilities
a. Existing Parks and Facilities
. Urban Open/Civic Space
0 Bicentennial Park is a passive park on Federal Highway.
The park has little to attract visitors; however, it will be
greatly impacted by the downtown redevelopment and will
become a critical part of the urban open space of the town
center.
0 Edward F. Harmening Arbor Park is a small passive park
located adjacent to the East Water Treatment Plant. It has
several species of flowing trees. Its location and lack of
parking create an isolated park area with very little
visitation.
0 Heritage Park located on Seacrest Boulevard, is a popular
gathering space for neighborhood residents. There is a
monument dedicated to Boynton Beach African Americans.
The monument IS frequently vandalized. Recent
beautification efforts include the removal of the planters
and installation of 35 palms.
0 Hibiscus Park is a small park located in the Lake Boynton
Estates neighborhood. The playground equipment IS
scheduled for replacement is FY 2007/08.
0 Kiwanis/Sierra Club Park is located on Northeast 22nd
A venue and is simply a grassy area.
0 Veterans Park is located in the downtown core of the City.
At present, it is a passive park with large ficus trees. In the
future, the park will become precious green space in the
urban downtown center.
. Nei!!hborhood Parks
0 Boynton Lakes Park is located in the Boynton Lakes
neighborhood and contains a playground, a walking trail
and a large open grassy area. The play equipment and park
furniture was replaced in 2005.
0 Civic Center Park is located on Ocean A venue and has new
play equipment and a maze made from shrubs.
0 Forest Hill Park is located in the Forest Hill neighborhood
and is bordered on the west side by a sound barrier wall on
1-95. This park was built in 1972 and was showing signs of
aging. The park furniture and play equipment was replaced
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan 9
in 2006, as was the fence in the front. Plans include
replacement of existing and additional landscaping in 2007.
0 Galaxy Park is one of the oldest parks in the system and is
well used. The restroom was renovated in 2005. The
fencing around the baseball fields was replaced in 2006.
The playground equipment needs to be replaced in
2006/07.
e Laurel Hill Park, located in the Laurel Hills neighborhood,
contains play equipment, a basketball court and an open
grassed area. The park was built in 1972 and is in need of
renovation. Replacement of the play equipment and park
furnishings was completed in 2006. A double rail fence is
scheduled for installation in 2007.
0 Meadows Park is an extremely popular park used by city
residents and school groups. While the park was built in
1994, the heavy use has created bare areas around the
pavilions and courts. The playground equipment and park
furniture were replaced in 2006. Because of the heavy use
and enjoyment by park users, this park will require
consistent maintenance and upgrades.
0 Pence Park is the oldest park in the system. Neighborhood
residents heavily use the basketball courts. The fence
around the baseball field was replaced in 2005. The
restrooms were renovated in recent years. The playground
equipment is scheduled for replacement in 2006/07.
0 Pioneer Canal Park has the only freshwater boat ramp in
the park system, which is widely used. The ramp was
scheduled for renovation in 2004/05 but is on hold pending
scheduling of a canal dredging project by the South Florida
Water Management District. The tennis courts are also
heavily used. The park was not master planned and use of
the property is not effective. This park needs to be
completely renovated. The installation of a double rail
fence, renovation of the restrooms and resurfacing of the
basketball and tennis courts is scheduled for 2007.
0 Rolling Green Park is in the rear of Rolling Green
Elementary School and was used primarily by soccer
players and cricket players. A new school is under
construction and the park area is being used as a staging
area. Once construction is complete, the park will be
restored to a multi-purpose playing field.
0 Southeast Neighborhood Park is in the process of being
developed. It is scheduled for completion in 2007 and will
include a picnic pavilion, two tennis courts, picnic areas,
walking trail, landscaping and a small parking lot.
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan 10
. Special Use Parks
0 Barton Memorial Park is a cemetery that contall1S early
African American resident gravesites dating back to the
early 1900's. It is currently closed for burials.
0 Boynton Beach Memorial Park is the primary public
cemetery in Boynton Beach. There are several hundred
gravesites remaining and the property was replatted to
identify over 300 more sites. The trees were heavily
damaged by the 2004 hurricanes and were replaced in
2005/06.
0 Kids Kingdom Playground is a "Leathers" designed
wooden and concrete play structure that is an extremely
popular destination for residents, schools, camps and
visitors. The structure was built in 1996 and is beginning
to show signs of wear. The structure must be inspected
regularly for splinters and damage. Funds are included in
the Capital Improvements Plan (CIP) for annual
maintenance.
0 Little League Park contains four (4) baseball fields that are
used primarily by the Boynton Beach Little League
organization. Hurricane Wilma caused considerable
damage to the fields and the concession building. Extreme
Makeover rebuilt Field 2 and portion of Field 3 and the
concession building. The City rebuilt Field 1 and replaced
the lights. Consideration should be given to accessibility
codes.
0 Sara Sims Park and Cemetery is an older park that
requires constant maintenance due to vandalism This park
is in the CRA district.
. Water Beach Access
0 Boat Club Park is located between Federal Highway and
the Intracoastal Park and provides boat access to the
Intracoastal Waterway and Atlantic Ocean. This park is
heavily used by both boaters and park users. The fishing
pier was replaced in 2004. The restrooms inside the
community center were renovated in 2004. Playground
equipment is scheduled for replacement in 2008/09. The
restrooms are scheduled for renovation in FY 2007. The
canal will be dredged in November 2007. Additionally,
Palm Beach County is providing funding for a new or
renovated restroom, new pICnIC pavilions and
improvements to the boardwalk.
0 Intracoastal Park, the newest park in the system, is located
between Federal Highway and the Intracoastal Waterway.
It is an extremely popular site that contains picnic shelters
and a large, handicapped accessible play structure. A
clubhouse is under construction and is expected to be
completed in October 2007.
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan 11
0 Jaycee Park is a 5-acre park located between Federal
Highway and the Intracoastal Waterway. Currently, there
is a bocce ball court and a few picnic tables; however, the
park is scheduled for development is 20067.
0 Knollwood Park is a 3.0 acre park located at Lawrence
Road and Meadows Drive. The newest park in the system,
Knollwood was built by D. R. Horton Developers as a
public/private partnership. In exchange from fill removed
from the park site and used for development, the developer
paid for the construction of the park. Park amenities
include a pond with well planted littoral zones, a walking
path, a gazebo and a small parking area.
0 Mangrove Park contains a 1/4 mile aluminum walkway
through 10 acres of mangroves on the Intracoastal
Waterway and includes educational kiosks and an
observation deck. Trash accumulation in the mangroves is
an unpreventable problem.
0 Oceanfront Park is the City's only beach access. It is
heavily used, primarily by residents of Boynton Beach and
Ocean Ridge. The boardwalk was scheduled for
replacement in 2004; however, the cost of the replacement
exceeded the budget. It is now scheduled for replacement
in 2007/08. A design firm will be hired in 2006/07 to begin
construction drawings.
. Greenwav/Bikewavs
0 Palmetto Green Linear Park is located on the south side of
the SFWMD C-16 canal. The pathway turns into several
overlooks that could serve as fishing piers; however, a great
amount of trash and refuse has been tossed off the
platforms making fishing difficult.
. Conservation Lands
0 Rolling Green Scrub is actually 5 different scrub sites
located in and around Ezell Hester Park.
0 Rosemary Scrub is owned by Palm Beach County and is
maintained In conjunction with the Boynton Beach
Recreation and Parks Department. The scrub is open to the
public.
0 Seacrest Scrub is also owned by Palm Beach County,
maintained In conjunction with the Boynton Beach
Recreation and Parks Department and open to the public.
. Community Parks
0 Congress Avenue Community Park is home to the city's
tennis complex. The fencing and lights on several of the
courts were replaced in summer of 2005. A Master Plan
was done for future park development that includes a
barrier-free park. A fund raising campaign will be
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan 12
conducted to raise the money necessary to build the park.
There IS deep water well installed by the Utilities
Department on the southwest side of the park.
a Ezell Hester Park is one of the largest parks in the system
and the athletic facilities are heavily used. The sand
volleyball courts were replaced with a large play structure
in 2005/06.
a Wilson Park is in the process of a complete renovation.
The existing community center has been demolished and a
new two-story center is under construction with completion
anticipated in November 2007. New play equipments will
also be added. The pool will be replaced.
b. Future Parks
. Urban Civic Oven Space
a Woolbright Place, approximately 3 acres located on SW
8th Place and SW 1st Court, will be sodded and irrigated.
Trees from other developments in the City will be relocated
to this sight. The City Commission has asked for
community input and feedback prior to this project taking
place.
. Neif!hborhood Parks
a FP & L Park is located on old Southwest 23rd A venue
directly south of the FP & L Substation and is bordered on
the west by the E-4 canal and on the east by the CSX
Railroad. This park could be developed so that access to
the canal is provided. This 7.68-acre site has not been
master planned.
a Girl Scout Park is located on the east side of the E-4 canal
and is heavily treed with mature canopy. This site also
could be developed for access to the canal. A master plan
has not been done at this time for this 9.73 acre site.
a Meadows I/Nautica Sound Park Site is a 9-acre site that
could be developed as a community park since there is no
community park in this quadrant of the city; however, it is
expected that surrounding neighborhoods would prefer a
more passive use. A master plan has not been done for this
site.
. Communitv Parks
a Nichols Property is a 15.4 acre site located on the west side
of the Boynton Beach Mall. This site is not within the city
boundaries at this time.
a Quantum Park Site is a IS-acre site located in the
Quantum Corporate Park east of the E-4 canal. A master
plan was done for this site that included athletic facilities;
however, it is anticipated that the use will change from
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan 13
active to passive, nature-oriented as gopher tortoises have
been spotted on the site. The property is adjacent to a large
conservation area, which could be incorporated into the
nature-oriented aspects of the park with the addition of
interpretive trails. Additionally, this park could be used for
access to the canal for canoes and kayaks as part of the
greenwaylblueway.
. Greenwav/Bluewavs
0 Palmeuo Green Linear Park is planned for expansion from
the existing path west to 1-95, then south to Galaxy School.
Funds are allocated in the CIP for land acquisition and
construction.
0 The Greenway and Bikeway Master Plan is nearing
completion. This plan will show proposed bikeways,
greenways and blueways to interconnect the vanous
destination points such as parks, schools, shops, the library
and neighborhoods.
III. VISION
. Ensure Boynton Beach 's Recreation and Park Legacy for Future Generations
0 Develop fully programmed, fully operational and well-maintained parks,
facilities and programs that meet both current and future park and
recreation needs.
0 Keep the public and local leaders informed about the value, benefits,
conditions and needs of Boynton Beach's park system.
0 Coordinate the planning, management, development and funding of parks,
natural resources, trails and recreation needs and concerns with other
Boynton Beach departments and city, county and regional planning
efforts.
0 Engage the residents to become stewards of Boynton Beach's recreation
and park system to help preserve the legacy for future generations.
. Design, Build and Maintain Excellent Parks and Recreation Facilities
0 Develop a park system that adequately serves the citizens' current and
future needs in an efficient and affordable fashion.
0 Develop a set of park design standards that preserve the quality of the
recreation and parks system for future generations.
0 Develop each park, natural area and open space to respect the unique
attributes of each site and its neighbors and according to its role in the
overall recreation and park system.
0 Develop parks and facilities that are accessible and available to all
residents. Meet and, where possible, exceed the requirements of
Americans with Disabilities Act.
0 Use environmentally friendly, sustainable methods to build and care for
parks, natural resources and recreation facilities.
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan 14
. Create An Interconnected Regional and Local System of Paths. ~Valk\V01's and
Trails for Make Boynton Beach a "Walkable Community"
0 Provide a safe and convenient trails system between parks, natural areas
and recreational facilities, and connect them with residential areas, civic
institutions and businesses.
0 Coordinate the development of a regional trails system with surrounding
municipalities and the county.
0 Integrate the parks, community centers, and trails into the neighborhoods.
. Provide equal access to parks and recreation programs for all residents in the
City
0 Pursue all opportunities to provide parks and recreation services in new
developments throughout the community and in natural areas.
0 Provide developed neighborhood parks and community facilities within a
reasonable distance of every resident.
0 Provide a geographic distribution of parks and recreation facilities that
offer equal access and opportunity for all residents.
. Develop Recreation and Parks Facilities that Promote "Community in the City"
0 Build public plazas and "green connections" in neighborhoods and along
main streets.
0 Provide unique public spaces that give Boynton Beach a special and
attractive identity that reinforces the existing character of the City.
0 Partner with other public agencies, schools and private organizations to
maximize parks and recreation opportunities, facilities and programs.
0 Provide a wide variety of arts, culture, historical and civic amenities in the
system.
. Provide an Appropriate Set of Land Management Regulations to Accomplish the
Long Range Needs o/the Park System.
0 Develop a long-range strategic plan for the City that enables the City to
plan and develop specific future parks sites within the context of a well-
orchestrated land development scenario.
0 Review and update the Parks and Recreation Impact Fee structure every
three (3) years.
0 Adopt new standards in the Comprehensive Plan that will assure an
adequate and appropriate parks, recreation and open space system.
0 Establish regulations that require new developments to provide pedestrian
and bicycle access into and through the new developments.
. Provide Adequate Park and Recreation Maintenance and Management
0 Establish appropriate maintenance standards to upgrade and enhance the
level of maintenance for parks and recreation areas.
0 Implement a parks and recreation improvement program, including
redevelopment of existing areas, maintenance, improvement and
renovation of all public areas and facilities.
0 Maintain, secure and manage existing and future parks and open space in a
manner that encourages appropriate use.
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan 15
IV. PARK STANDARDS
A. Overview
Each community is unique. Every City has its own "personality" that differs because of
its demographic makeup. Due to differing geographical, cultural, social, economic and
environmental characteristics, each community must select a set of standards, which best
serves them for the cost of delivering those services.
The parks and recreation system of a given City needs to reflect the needs of the residents
of that City by setting standards for appropriate service. The standards are an expression
of the essential facilities needed to provide the level of park and recreation services
desired by the residents in each community. These standards are typically expressed as
ratios such as acres of park per 1,000 residents or numbers of tennis courts per 1000
residents. The ratios are very useful in order to quickly assess the quantities and cost of
the projected needs. Standards should be practical and achievable, and provide for
equitable allocation of parks and recreation resources throughout the community.
B. Description of Standards
The City of Boynton Beach currently has a level of service for park acreage of 2.5 acres
per 1,000 residents. It has been determined that this is an appropriate and satisfactory
level of services. Currently, the City owns 245.85 acres of developed park land which is
more than sufficient to meet this level now and in the future
c. Needs Assessment
In 2002, the City of Boynton Beach completed a Parks and Recreation Needs Assessment
which indicated the following facilities were a priority with those residents that
participated in the survey:
. Neighborhood Parks 89%
. Nature Trails 81%
. Picnic Areas 80%
. Playgrounds in Parks 71%
. Fishing Piers 75%
. Amphitheater 65%
. Jogging Paths 64%
. Multipurpose Fields 63%
. Swimming Pools 60%
. Passive Recreation Areas 58%
. Greenways 57%
. Senior Center 56%
. Tennis Courts 55%
. Baseball Fields 53%
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan 16
. Aquatic Facility 52%
. Basketball Courts 50%
. Teen Center 50%
. Skate Park 49%
. Football Fields 47%
. Boat Ramps 47%
. Soccer Fields 44%
. Dog Park 44%
It is important that a needs assessment be completed every five (5) years to understand trends and
demographic changes. This information will assist the Department in determining what park facilities
and programs are needed and desired by the citizens of Boynton Beach. The City is due for a re-
assessment in 2007/08 and a request for funding will be included in the Department's 2007/08 budget
request.
D. Level of Standards
The existing Comprehensive Plan includes the following LOS.
CURRENT LOS AND NEEDS 65,208 - 2004 POPULATION
FACILITY CURRENT EXISTING NEED PER CURRENT
LOS FACILITIES POPULATION NEED
Baseball/Softball, Youth 1/15,000 6 4 0
Baseball, Regulation 1/25,000 2 3 1
Basketball 1/3,000 13 22 9
Community Center (1) 1/25,000 5 3 0
Fitness Trail (2) 1/30,000 2 2 0
F ootbal1/Soccer 1/40,000 1 2 1
Multipurpose Field 1/1 0,000 1 7 6
Racquetball Court 1/10,000 8 7 0
Picnic Area 1/6,000 21 11 0
Playground 1 /4,000 17 17 1 !
Shuffleboard 1 /2,500 16 26 10
Pool (3) 1/40,000 1 2 2
Tennis Court 1 /2,000 31 33 2
Bocce Court N/A 3 N/A N/A
Volleyball Court N/A 4 N/A N/A
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan ]7
Based on current trends in some recreational activities and on the 2002 Needs Assessment. the following
LOS are recommended.
RECOMMENDED LOS AND NEEDS 65,208 - 2004 POPULATION
FACILITY CURRENT EXISTING NEED PER CURRENT
LOS FACILITIES POPULATION NEED
Baseball/Softball, Youth 1/15,000 6 4 0
Baseball, Regulation 1/20,000 2 2 0
Basketball 1/4,000 13 16 3
Community Center (1) 1/25,000 5 3 0
Fitness Trail (2) 1/30,000 2 2 0
F ootba1l/Soccer 1/40,000 1 2 1
Multipurpose Field 1/10,000 1 7 6
RacQuetball Court 1/10,000 8 7 0
Picnic Area 1 /3,000 21 26 5
Playground 1 /4,000 17 22 5
Shuffleboard 1 /5,000 16 13 0
Pool (3) 1/40,000 1 2 1
Tennis Court 1 /2,000 31 33 2
Bocce Court 1/25,000 3 3 0
V ollevball Court 1/15,000 4 4 0
Skate Park 1/65,000 0 1 1
v. MASTER PLAN
A. Conceptual Parks and Recreation System Map
The following is the Conceptual Parks and Recreation System map developed through the
strategic planning process by Glatting Jackson. It is a result of the numerous meetings
and the input from City staff, elected officials, board members and the public.
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan 18
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan 19
B. Future Park Improvements
THE VISION: CITY OF BOYNTON BEACH'S RECREATION AND PARKS SYSTEM
The Vision for the City of Boynton Beach's Recreation and Parks System is to create a green
infrastructure system of interconnected pleasing, functional, and well-maintained open spaces,
parks, greenways, streets, and waterways that will provide the permanent physical qualities of a
great city. Implementation of this Vision will enable the City's Recreation and Parks Department
to accomplish its mission to "engage Boynton Beach citizens in diverse recreational experiences,
and to cultivate parks and open spaces".
Working with City staff, members of the Recreation and Parks Advisory Board, and interested
citizens, Glatting Jackson first developed nomenclature for the different components of the
City's Park and Recreation System including:
. Urban Open / Civic Spaces
. Neighborhood Parks
. Community Parks
. Special use Facilities
. Water / Beach Access
. Greenways / Bikeways / Trails
. Conservation Lands
. Regional Parks
. Schools / School Parks
. Private Recreational Facilities
A long range plan was developed for each component of the System, responding to existing and
projected population and demographics, lifestyles and needs.
LIFESTYLES
Early in the planning process, it was determined that the parks and recreation needs of City
residents vary depending upon where they live. Therefore the City conducted a "Lifestyles
Workshop" on November 17, 2004 to discuss differences in both existing and proposed lifestyles
and recreation needs in the various quadrants. The notes from the Workshop are attached
(Meeting Minutes, November 17, 2004).
District 1, the Southwest Quadrant, is characterized as an area of retirees living in planned
communities, most of which have their own private recreational amenities; therefore the public
recreation needs in this quadrant are primarily for large passive parks. It is anticipated that this
demographic will change much over the next 15 - 20 years.
District IL the Northeast Quadrant, is an older coastal community that is experiencing changes
in its demographic mix, with more families and young professional couples moving into the area.
This area of the City has more parks and recreation facilities than any other, but many need to be
expanded or upgraded to accommodate increasing demands. The community stated that they
also needs jogging trails, bike paths, and cultural/arts facilities within walking distance of
residents as in other districts in the City.
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan 20
District III. the Southeast Quadrant, is also an area of changing demographics, and is the most
likely area to "gentrify" in the coming years. The community's parks system needs to be
expanded with more developed open space and recreation facilities to meet the increasing
demand. This can be accomplished with the existing inventory.
District IV, the Northwest Quadrant, is the highest income area of the City, characterized as
"typical suburbia". There are not enough parks and recreation facilities to serve the youth and
family-oriented lifestyle of this quadrant, and trails and bike paths are also needed to meet the
needs of this growing suburban community.
PROPOSED IMPROVEMENTS
A Parks and Recreation System Conceptual Master Plan was developed to show the locations of
both existing and proposed facilities to meet the needs outlined above. Following is a description
of each of the proposed improvements. The proposed improvements are numbered to correspond
to the locations shown on Parks and Recreation System Map.
Urban Open / Civic Spaces
1. Bicentennial Park
. Complete renovation as an urban civic space for the downtown redevelopment.
4. Veterans Park
. Complete renovation as an urban civic space for the downtown redevelopment.
Neighborhood Parks
The City of Boynton Beach has I1Neighborhood Parks in its current Park System. As time and
use have taken a toll on some of these facilities, eight (8) parks were identified through
workshops and interviews as having a need for retrofitting and/or enhancement. In addition to
these renovations, nine (9) parcels owned by the City were identified to be developed as
Neighborhood Parks in a phased fashion in order to meet the recreational needs of the City's
population as it continues to increase in the years to come. Priority of park development would
have to be determined at a later date.
Since the adoption of the 2006 Strategic Plan, two (2) parks have been upgraded and two (2)
park sites have been developed.
3. Hibiscus Park
. Replacement of play equipment
. Landscaping
. Park furniture
8. Retrofit Forest Hill Park
. Replacement of play equipment
. Resurface basketball court
. Landscaping
9. Retrofit Galaxy Park
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan 21
. Replacement of perimeter fence
. Replacement of play equipment
. Renovation of ball field
. Picnic shelter
. Arboretum
. Landscaping
11. Retrofit Pioneer Canal Park
. Provide recreational access, i.e. canoe, kayak launch site, to adjacent Canal Waterway
. Surface parking lot
. Multipurpose field
. Landscaping
. Park furniture
12. New Neighborhood Park - FP&LI Golf Road Park Site
. Develop park to provide recreational access, i.e. canoe, kayak launch site, to adjacent
Canal Waterway.
13. New Neighborhood Park - Girl Scout Park
. Develop park to provide recreational access, i.e. canoe, kayak launch site, to adjacent
Canal Waterway.
15. New Neighborhood Park - Nautica Sound Park Site
. Develop park to meet local residents' needs
16. New Neighborhood Park - Meadows I Park Site
. Develop park to meet local residents' needs
18. New Neighborhood Park - Woolbright/Leisureville Place Park Site
19. New Neighborhood Park - Quantum Community Park Site
. Develop park to meet local residents' needs
20. New Neighborhood Park - Winchester Park Site
. Develop park to meet local residents' needs
Community Parks/ Centers
Out of the four (4) existing Community Parks/ Centers, one (1) was identified as having a need
for retrofitting and one (1) site was identified as a potential Community Park sites to be
developed as the need arises.
9. Carolyn Sims Center and Wilson Park
. New community center
. Replace pool
. Multipurpose field
. Play equipment
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan 22
. Provide recreational access, i.e. canoe, kayak launch site, to adjacent Canal Watervvay
. Landscaping
. Park furniture
(Note: The Wilson Park renovation is expected to be complete in November 200T)
10. New Community Park - Nichols Road Site
. Develop a multi-purpose Community Park to meet residents' needs
12. Retrofit Congress Avenue Community Park
. Upgrade the Tennis Center to meet residents' needs (in progress)
. Boundless Playground
. Boundless Center
. Gardens
. Pavilions
. Walking trail
. Landscaping
. Park furniture
Special Use Facilities
Two Special Use Facilities are proposed to be retrofitted. Cemeteries were historically used as
passive and contemplative parks. The City of Boynton Beach has the opportunity to revive this
tradition and provide its residents with truly memorable and contemplative "Cemetery Parks."
11. Retrofit Barton Memorial Park
. Consider developing Barton Memorial Park as a "Cemetery Park" that includes historical
context.
13. Retrofit Sara Sims Park
. Consider developing Barton Park as a "Cemetery Park" that includes historical context
. Complete park renovation to include
0 New restrooms
0 Picnic areas with pavilions
0 Play equipment
0 Single rail fence
0 Multipurpose field
Water/ Beach Access
5. Intracoastal Park
. 7,200 square foot Clubhouse
6. Oceanfront Park
. Replacement of boardwalk
. Add 2nd story to office
. Enlarge maintenance building
. Single rail fence
. Catwalk over the dune
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan 23
. Additional lighting
. Install stairs from lower parking lot
. Handicap walking to beach
10. Retrofit Jaycee Park
. Provide recreational access to Intracoastal Waterway
. Develop connection to Woolbright Road
. Picnic shelter
. Restrooms
. Parking area
. Play equipment
. Walking trail
. Interpretive kiosks
. Bocce court
. Boardwalk
. Day docks
. Open play space
. Landscaping
. Park furniture
(Note: Jaycee Park is scheduled for development in 2007)
Greenways! Bikeways! Trails
In August 2004 the City Commission approved, in concept, the City of Boynton Beach
Greenway and Bikeway Master Plan, which establishes an interconnected system of Greenways,
Blueways, Bikeways and Trails throughout the City. This System has been incorporated into
the Parks and Recreation Master Plan, as follows:
1. Palmetto Greens
. Expand the greenway to 1-95
3. Develop FEC Corridor Greenway
. Develop corridor as a "Transit Greenway" that provides for a multi-purpose recreational
path, and connects to adjacent cities and park systems.
4. Develop 1-95 Corridor Greenway
. Work with FDOT and the County to establish this Greenway, including a paved multi-
purpose path, shade trees, benches, bicycle stands, and signage.
5. Develop Intracoastal Waterway Boardwalk
. Develop a pedestrian, recreational promenadelboardwalk along Intracoastal Waterway
connecting Woolbright Road and Jaycee Park.
6. Develop Shaded Bikeways Program
. Enhance roadways throughout the City to create a system of tree-lined boulevards,
avenues and streets that link neighborhoods, parks, and commercial/employment areas,
and safely accommodate motorists, cyclists, and pedestrians.
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan 24
7. Develop Recreational Greenways
. Develop recreational greenways along Canal R.O.W., Utility Easements, and any
available vacant parcels as a means to create citywide "Green Infrastructure Network."
Conservation Lands
The current Park System provides residents with three conservation sites: Rolling Green Scrub,
Rosemary Scrub, and Seacrest Scrub. One (1) additional parcel was identified through the
interviews and workshop as potential conservation sites that would provide residents with
additional passive and educational recreation experiences:
5. New Conservation Land - Quantum Conservation Site (Private)
0 Acquire site and develop along with Quantum Community Park to create larger and more
influential environmental park.
Schools/ Religious Institutions
Schools and religious institutions provide opportunities for public/private partnerships to meet
community recreation needs. Three potential sites for partnerships include:
9. Rolling Green Elementary School/ School Park
10. Temple Beth Kodesh
11. New Congress Middle School/ School Park
Private Recreation Facilities
Similar to most counties and cities of South Florida, the City of Boynton Beach is comprised of
many private and gated Planned Unit Developments (PUD), condominiums, and apartment
complexes. Many of these developments provide their residents with recreational facilities and
amenities in the form of community pools, playgrounds, sports courts, etc. These facilities,
although private, help meet the recreational needs of City residents.
Additional Planning, Code Revisions
Each of the facilities outlined above require further planning and design in order to be
implemented. Additionally, the City needs to adopt its Greenway Plan as part of the City's
Comprehensive Plan, and revise the Land Development Codes to require the implementation of
greenway segment and/or neighborhood and community parks as part of the development
approval process.
COMPLETED IMPROVEMENTS
The following improvements were made during Fiscal Year 2005-06 and 2006-07.
Community Parks
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan 25
Ezell Hester Park
. Playground equipment
. Park furniture
Neighborhood Parks
Boynton Lakes Park
. Replacement of play equipment
. Landscaping
. Park furniture
Laurel Hills Park
. Single rail fence
. Resurface basketball court
. Replace basketball standards
Meadows Park
. Replacement of play equipment
. Landscaping
. Park furniture
Forest Hill Park
. Replacement of fence
. Park furniture
Retrofit Galaxy Park
. Park furniture
Retrofit Pioneer Canal Park
. Resurface tennis courts
. Single rail perimeter fence
. Renovation of restroom
. Resurface basketball courts
New Neighborhood Park - Knollwood Park
. Walking trail
. Gazebo
. Littoral plantings
. Parking lot
. Landscaping
. Irrigation
New Neighborhood Park - Southeast Neighborhood Park
. Picnic shelter/restroom
. Two (2) pavilions
. Two (2) bocce ball courts
. Play equipment
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan 26
. Walking trail
. Parking lot
. Landscaping
. Irrigation
Special Use Facilities
Boynton Beach Memorial Park
. Re-landscaping
Little League Park
. renovated irrigation
. Replacement of lighting system
. Renovation of four (4) fields
. Renovation of concession building
. Painting of restrooms and dugouts
. Landscaping
Congress Avenue Community Park
. Landscaping around tennis courts
. Removal of exotic plant material
. Replacement of landscape buffer
Urban Open/Civic Space
Heritage Park
. Removal of planters
. Installation of 35 palms
Water/Beach Access Parks
Oceanfront Park
. Paint all buildings
. Replace lifeguard towers
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan 27
City of Boynton Beach
Recreation & Open Space Element
Goals, Objectives and Policies
GoalS To create and maintain an interconnected system of
aesthetically pleasing, functional, and well-maintained
parks, pedestrian! bikeways, green~ys, blueways and
natural areas that will adequatel~r1J'e~ the needs of the
current and future residents of tJ:!!I!i.:1Jl of Boynton Beach,
including seasonal visitors, tlifd sp-e'eiJll groups such as
the elderly and handicapp~ ~~ · .... ..
-. - -
--..... ---...
- .-...
-.' -
- .....---
The City shall also c:..aiiiinue to-'i!rovide a v~' of high
quality parks and ~recrmtion ~qted progr,tJfh.s for all
residents. .... .:: '" -
~.. . .. "1.
~- - -=.,.
Objective 5.1 The City shall ~ft", a system of: ,~k ~ites with a variety of
both user-orientem..a~urce base~lities and recreational
programs to serve l\.e ne~....currenpand future City residents
consistent with the ~a.l.efic Pl~ed April 2007 as defined in
t~~al Suppo~ocumentaifon.
- - -
- - -
-- - -
~- -
;-.. 'fiiiillents ~he system ~a ll-include:
. . ; Ur~p~n/ Civi~paces
- -;'~~ghborl\6e.J!iFks
. ..,.-. m, '~. C6tRRlunity Parks
....=:: . .. . SpeaiElJ~ Facilities
,,:,,' .' .... . .'. . ; .:"rY ater ~each Access
.. · .. .' . ~reeniVays / Bikeways / Trails
__,M. ~onservation Lands
... .... ,ffiegional Parks
~7..-::iF Schools / School Parks
f?'" Private Recreational Facilities
. Art in Parks and other Public Spaces
Policy 5.1.1 The City shall continue to assess park adequacy, future facility
needs, and user preferences and willingness to pay through, at a
minimum, the following methods:
City of Boynton Beach 5-1 Date
EAR-based Amendments Recreation & Open Space Element
Proposed Not Adopted
A. Input from the City's Parks and Recreation Advisory Board,
special interest groups, and public meetings, solicited
biannually; and,
B. Park surveys conducted on a five-year basis, beginning in
February 2007.
Policy 5.1.2 The City shall continue to provide a variety of parks and recreation
programs for its residents, including the Gity's baseball, softball,
and soccer programs, and other progra~'for-Jennis, racquetball,
and other activities as needed. .. ......... .. ..
Policy 5.1.3 The City shall endeavor to inco.rr6i.te art in; all parks and public
spaces throughout the City aa;,.~4riiplemenfaij~ strategy of the
Art in Public Spaces progr~mt: . ,.'_.
- -
.- ~ .;.,',-,,",".,..',-
- ~
Objective 5.2 The City shall ensure- adell!~te !!i~~afe public ~ccess to all
existing and future City par~reatfonal facilities, and local
waterways. Th!! effort shall in~ vehicular, pedestrian, trail,
bicycle, and ha~pped access aa shall continue to improve
and increase acc!l~,"~rks and r~J"ional facilities, where
available space ~sts~providiyg adequate automobile
parking, bike rack ~ili~s, a"tAib:flRdicap access to all existing
an~ed, neighb~od andjlOmmunity parks operated by
.die Citylii!he year 20r~ -
..:....,;.,._1/~__-._.____:~ ~.....;..
Policy 5.2.1 Th~jty _:alJ. continue yprovide bike rack facilities within all
. - .---.... , park~m~8:ii~~'t '~'adoption of this Plan.
0",..' .'...".'" - _' '.'...
POli:I~.2 8~~!a12, t1ii!::a~ty s.}.1all provide bike rack facilities within all existing
nei~9rhoo~ia community parks. Facilities shall be monitored
as p~ of .~Fie on-going maintenance effort and deficiencies
..:. .' correc,&! within 18 months of the monitoring report. Private
.in sponsstship of bike racks will be explored if City funding is
- -
· 'f~iD~uate.
-'
Policy 5.2.3 .fhe City shall continue to examine the extent of barrier-free access
within neighborhood and district parks, and deficiencies will be
addressed in a Strategic Plan that sets the phasing and funding.
Policy 5.2.4 The City shall adopt the land development regulations to require
that all future parks, and applicable facilities, include barrier-free
design for the handicapped to be retrofitted, if funds are available,
at a rate of three parks per year.
City of Boynton Beach 5-2 Date
EAR-based Amendments Recreation & Open Space Element
Proposed Not Adopted
Policy 5.2.5 The City shall continue to provide, contingent upon assistance or
support from County and/ or the Community Redevelopment
Agency, a shuttle service for patrons of beach front parks.
Policy 5.2.7 The City shall ensure that future park sites and facility
improvements provide for accessibility of park sites and
recreational facilities to handicapped userS:...and shall ensure the
adequate provision of vehicular, bicyc~: pedestrian access
ways. _" ... · '.' .
Policy 5.2.8 Through the development of th~ity ~'A;way and Bikeway
Master Plan, approved in Au~~[;iQOil, the Cit'3t.;~~ll promote safe,
interconnected pedestrian..Ji1kages for its par~~nd recreation
network through provi2~()f gre~ays, trails, ~lks, bike
paths and bike lanes, where;~~pr~8!.e, to conne<:~each of the
City's individual parks and fa~J;~ with schools, ;'here feasible,
to provide resiaents with acces~he City's parks and schools
- -
systems. . . . . . . . .... .
-- ,...
-...... ~,......
~ -- . ----
~.'.. -
- . ....." -
Policy 5.2.9 The City shall con~ue. [~uce a~ distribute informational
newsletters and per~i<::15Toc1t~rlat describe the City's park
a~.tion facilitie~ld programs.
..::::.:: ""'=- ":1.
-... -, -
- - -
- - -
Objective 5.3 :,^"..,1tit~ City ~1I establish~ enforce standards and programs to
en~ t~~\lisition....lihd development of park sites and
. - . recreiiiial fatqaA~~s,ufficient to meet current and future
. i. .' -'~ands~ti:he City snaIl also ensure additional public access to
- re~ation s:~ .b}b providing parks and recreation facilities using,
.zo'.' . ..... in ~, ciiiiiFnt population data and projections, and
.... ~~. impl@.entingthe improvements outlined in Exhibit 2, Proposed
'i.. ImprOiiments to the Parks and Recreation System, included in
~ ..-,t~~tiItegic Plan.
Policy 5.3.1 .~ City shall adopt and maintain a level of service of 2.5 acres of
~6.eveloped parkland per 1,000 residents.
Policy 5.3.2 The following are advisory level of service standards for the
recreation facilities:
. Baseball/Soft, Youth -1 per 15,000 persons,
. Baseball, Reg. -1 per 25,000 persons,
. Basketball Courts - 1 per 4,000 persons,
City of Boynton Beach 5-3 Date
EAR-based Amendments Recreation & Open Space Element
Proposed Not Adopted
. Conununity Center (1) -1 per 25,000 persons,
. Fitness Trail (2) - 1 per 30,000 persons,
. Football/Soccer Fields -1 per 40,000 persons,
. Multipurpose Field - 1 per 10,000 persons,
. Racquetball Court - 1 per 10,000 persons,
. Picnic Areas - 1 per 3,000 persons,
. Playgrounds -1 per 4,000 persons,
. Shuffleboard Court - 1 per 5,000 per~,
. Pool (3) -1 per 40,000 persons, ._:- -
. Tennis Court -1 per 2,000 pers@~:
. Bocce Court - 1 per 25,000 p~ns,.:.
· V olley ball Court - 1 per ~j)oti,perso~d
· Skate Park - 1 per 65,oawpefsoflS. . ...... '., .
- -.,.
-- -
".~~~;;' ';.,.,'.,-.." ',. ".-, ,"
Policy 5.3.3 The City shall establisn' :t(Servic~tandards" tE:C:~provide a
framework of ideal standards~;ilt).q::jlas~iication for.:fts Parks and
Recreation System. These stanaij\ids are not part of the City's
adopted level o~vice and are if.iiJ.il",f'd only as a guide for land
acquisition and ~; i:~r~)Vision. T~are.;'established as part of
the City's goal for Si!tthl~~ce standa~for an "Ideal City Parks
System" to meet res~nts~dt:.eei-eation needs. Elements of
the ~ include: ~_, . ,:::::' ..
,,:~ ""..,..,,:: ~.
.~~1' . De~ped Activ'~.Pa!ks and Open Space (Measured by
- O~ -.
"'-.......,....L '. ~-.
_ ~~:e; '1\I~t~'borhood/School Parks -1/2 - 1 mile from
--.:.~::.. ~~~l' residen~
-_-:- ....... G<Jiii;i: ,Community Parks - 25 - 40 acres, 25%
.;'_. ....... . -~.'.preset~:?for open space, 3 miles from every resident
", ~OALff' Community Centers - minimum of 4,000
. -:::.... ~uare feet; 3 miles from every resident
,--..;;., .!50AL: Special Use Facilities (dog parks, sports
.., ......... ......T.complexes, etc), 3 miles from every resident
B? In addition, the City shall set the following nomenclature for
undeveloped/ passive parks and open space: Urban
Open/ Civic Spaces; Water / Beach Access;
Greenways/Bikeways/Trails; Regional Parks; Conununity
Parks; Neighborhood Parks; Special Use Facilities; and
Conservation Lands as identified on the Future Parks and
Recreation System Map in the Strategic Plan.
City of Boynton Beach 5-4 Date
EAR-based Amendments Recreation & Open Space Element
Proposed Not Adopted
Policy 5.3.4 For areas annexed into the City which are platted, developed,
under development, or have approved development plans in Palm
Beach County, the level of service at time of annexation shall be
assumed to be that provided by existing park facilities serving the
area.
Policy 5.3.5 The City shall pursue the development of facilities consistent with
Exhibit I, Future Parks and Recreation SystWl Map, and Exhibit 2,
Proposed Parks and Recreation System ~rO\1'ements, included in
the Strategic Plan which shall be up~~nnually.
Objective 5.4 The City shall maximize the u~ 5l publi6:and private resources
in the provision of recreati~a=-cilities to :meet current and
future demands. ff · ...
- ...---
- .:.. " ~
-. -- ~.-
~ - ____o.
- _. ----
Policy 5.4.1 The City shall require the pr~i(;l~gion a8e.!:'reation facilires and open
space by public agencies and p~ra#developers. ::-
_. -,
Policy 5.4.2 City shall ensur~ture private,~ell as dedicated areas, are
developed to m~~~ied need~sidents and address
geographic deficien". _,.. . _ .F
Policy 5.4.3 ~~hall contf~, througllT its interlocal agreement, to
.aluate ~opportuni~ for the joint use of existing public school
_~ City !i:reational f~ities and, as new public schools are
pI~, slmf~Ddeavor t.~oordinate with the Palm Beach County
,SchoOl;':~ara'-eK::~~t<~fucation and design of future joint use
-~eatid1:it2S-sites. -
~ ----
- -----
- --
- ',.,':.. ~""';;'"
Poliey~~ Th~ty sha~o~tinue to permit agreements and cooperate with
. prival!5recr~tional organizations for use of City parks and
. .. . ... n~ . facili' in order to provide a variety of recreational programs.
Policy 5.4.5 ....: ~t'b~ity shall continue to make parks and recreation facilities
~ailable to private and non-profit groups for cultural programs,
-~pecial events and festivals, which serve the public interest.
Objective 5.6 The City shall implement the approved Greenway and Bikeway
Master Plan (August 2004) to ensure safe access to park sites and
shall evaluate available opportunities for the acquisition and
development of bike/trail networks which will link park sites
(including pedestrian and bicycle trails).
City of Boynton Beach 5-5 Date
EAR-based Amendments Recreation & Open Space Element
Proposed Not Adopted
Policy 5.6.1 The City shall consider the construction of a network of pedestrIan,
bicycle, recreational, and public access trails that connects to the
County's trail system. The intent of the network shall be to
interconnect existing parks and facilities and additional recreational
facilities for pedestrian activities. The City shall coordinate with
the Metropolitan Planning Organization, Florida Department of
Transportation, Palm Beach County and other appropriate agencies
to study and implement options for coordinated provision of an
interconnected trail network. -........"""""
""- ~-
-
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Policy 5.6.2 The City shall apply for gran~anEf .~.ther funds for trail
_r -_
development from the FloridS!~par~~. of Environmental
Protection, other sources of ~~ent ana.~.vate grants, and
possibly voter-based referem.iFci. - .... ...
,- --
- -
-><;;,-" .."Jl,'..~~~ ,-;~ "':>__..:"~>
Policy 5.6.3 The City shall continue to ~uatp~ amend, if u&essary, the
Land Development regulatiori8 ;~ public road de~ign standards
for bike paths and/ or lanes in c~~nction with roadway design
and improveme~':.. .... . . ........... _'
~---.~.'~,,- """"":'. ~
Policy 5.6.4 The City shall cooii.inat~the Floiaa Trail Association, the
- -"'-.-.. ,
Rails to Trails Cins~aricj~e Florida Department of
-~_. --
EQ:!ilr-o~tal Protecfi!n Office o~reenways and Trails and other
~anizaCi~ involved~. the acquisition and development of trail
.~ ~ms w!jin Palm Bea~ County.
'.,'_".. _'d.,. ~
- -
-''-'' .....:'~
Objective 5.t'- . . The ~haU c~Fio fund the acquisition and development
-:-' '.-~~ ." ~arks~~n space and recreational facilities through the use of
".-.... a~.ety o~:J)ding sources such as the general fund, developer
.;'.--:':. com~l,lmentsagrants, bonds, user fees, and impact fees.
-:::.~:~~ ~~; -?""
Policy 5.7.1 ". The elf shall review the City's Recreation Impact Fee regulations
. ........ ... bi~lly in order to assure that new development contributes its
.'. d:~r9#5rtional share of the cost to expand recreation facilities.
Policy 5.7.2 i'he City shall continue to pursue County, State and Federal Grants
for the acquisition and development of recreational and open space
lands and facilities.
City of Boynton Beach 5-6 Date
EAR-based Amendments Recreation & Open Space Element
Proposed Not Adopted
.
Policy 5.7.3 The City shall continue to pursue donations of land and matching
funds to secure grants for the acquisition and development of park
sites and facilities.
Policy 5.7.4 The City shall continue to apply the concept of user fees to offset
the cost of certain facilities where appropriate.
Policy 5.7.5 The City shall evaluate a bond issue ~ generate additional
parkland, trails, and open space funds to=:ne~needs, if approved
by a public referendum. ..
--
- _.
-, -
- -
Policy 5.7.6 Notwithstanding rules and regula~ gov@B~ng the use of lands
acquired through dedication ~~?:means,~wned parkland
or property dedicated fo~creati~nal/park use:-should only be
sold or converted for alt~ve use~ supported }j~nt needs
and demand analysis, IS no+, Usted g..;{uture devel@nent in the
Strategic Plan or Capital Imp~ents -Program, and if deemed
necessary to fUf!!.ler other goals'i:M objectives as supported by
current action of~ty Commissiulim .. _
~' ".~,,'-
Policy 5.7.7 Undeveloped land~esign~r fu~park and recreation sites
shall be protected froi\ e#oacI~{;y adjacent development.
~ ~' :
-.' ~ - ~
Objective 5.8 ~e Ci~all devel~ a system of open spaces through the
.-::' ~ervatiqj and/or aCll!:!!t~Hion of significant lands, native
ha'6iit{ ~bitat of Sfdangered, threatened and species of
_..' ',_ ..-fIt'
- ... specidl:iinceru. ~ ~
Policy,di8.1 ~al arUla~l. shall be preserved to the extent possible in
_-_, acc8iiance w~preservation policies in the Conservation Element
.'. ................~ and ~ort I5ocument.
Policy 5.8.2 · .i.. The ~ty shall coordinate with the Florida Department of.
~y;iT'onmental Protection and all other appropriate agencies to
~ablish and revise regulations and programs for the acquisition of
-:natural/ environmental lands.
Policy 5.8.3 The City shall incorporate natural open space, especially wetlands
and areas unsuitable for development into neighborhood and
community parks, as passive recreation space.
City of Boynton Beach 5-7 Date
EAR-based Amendments Recreation & Open Space Element
Proposed Not Adopted
Policy 5.8.4 The City shall encourage the incorporation of open space into all new
non-residential projects, in addition to any environmentally sensitive
areas preserved.
Policy 5.8.5 The City shall work in conjunction with the State of Florida, the
South Florida Water Management District, the Nature
Conservancy, the Trust for Public Lands, and other appropriate
agencies involved in conservation lands to ..e-eate a citywide open
space system and a greenwaysj trailsjbl~..system.
-
-
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--
.- -
- -
-' -
- ~,
- -
-..., _.
- -
....,'. -"'
-. -,
"" -
.
_"'_>l>._
City of Boynton Beach 5-8 Date
EAR-based Amendments Recreation & Open Space Element
Proposed Not Adopted
XII. - LEGAL - 1st Reading
ITEM C.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOR1vl
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
o December 18,2007 December 3,2007 (Noon) o February 19,2008 February 4, 2008 (Noon)
X January 2, 2008 December 17, 2007 (Noon) o March 4, 2008 February 19,2008 (Noon)
o January 15,2008 December 31,2007 (Noon) o March 18, 2008 March 3, 2008 (Noon)
o February 5, 2008 January 14,2008 (Noon) o April 1, 2008 March 17,2008 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda X Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Conduct first reading of the attached Ordinance 08 - transferring Land Development
Review responsibilities from the Board of the Community Redevelopment Agency (CRA) to the Planning and
Development Board.
EXPLANATION: At its meeting on December 3, 2007, the City Commission determined that it would facilitate
the review of applications for Development Orders to consolidate all advisory review at the Planning and
Development Board.
PROGRAM IMP ACT: Consolidation of all advisory reviews at the Planning and Development Board would
eliminate duplicate review by the members of the City Commission who also serve in the dual capacity as CRA
Board Members.
FISCAL IMPACT: (Include Account Number where funds will come from) N/A
AL TERNA TIVES: Maintain the current procedure of having the CRA Board review applications for Development
Orders in the CRA area.
~~ature
Assistant to City Manager
Department of Development ~-
/
City Attorney / Finance
S:\BULLETIMFORMS\AGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. 08-
2 AN ORDINANCE OF THE CITY COMMISSION OF THE
3 CITY OF BOYNTON BEACH, FLORIDA
4 AMENDING LAND DEVELOPMENT REGULA TIONS
5 ARTICLES I AND II TO TRANSFER LAND
6 DEVELOPMENT REVIEW RESPONSIBILITIES FROM
7 THE COMMUNITY REDEVELOPMENT AGENCY TO
8 THE PLANNING AND DEVELOPMENT BOARD,
9 AMENDING ARTICLE I IN PART AND DELETING
10 ARTICLE II IN ITS ENTIRETY PROVIDING FOR
11 CONFLICTS, SEVERABILITY; CODIFICATION AND
12 AN EFFECTIVE DATE.
13 WHEREAS, the City Commission has determined that it would facilitate the review
14 of applications for Development Orders to consolidate all advisory review to the City's
15 planning and Development Board. This consolidation will eliminate duplicate review by the
16 members of the City Commission who serve in the dual capacity of City Commission and
17 Community Redevelopment Agency; and
18 NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMISSION
19 OF THE CITY OF BOYNTON BEACH FLORIDA, THAT:
20 Section 1. Each Whereas clause set forth above is true and correct and
21 incorporated herein by this reference.
22 Section 2. Article 1. General, of the Land development Regulations are amended
23 as follows:
24 I Section 1. Planning and development board-Establishment and composition.
25 I A. A City of Boynton Beach Planning and Development Board is hereby created and
26 ,established, consisting of seven (7) regular members and two (2) alternate members appointed
27 !by the City Commission of the City of Boynton Beach, Florida.
28 B. The mayor and City Commission shall appoint the members of the planning and
29 development board in accordance with the appointment procedures followed by the
30 commission. The nomination shall be subject to the confirmation of a majority vote of the
31 City Commission.
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1 C. All members of the planning and development board must be residents of the City of
2 I Boynton Beach, Florida.
3 D. The commission in appointing members to the planning and development board shall
4 give preference, when possible, to design professionals licensed in the disciplines of
5 I architecture, landscape architecture, landscape design and planning.
6 E. The authority. functions, powers und duties of the Planning and Development Board
7 I as hereinafter set forth in this Chapter shull, 'vVithin the boundaries of the Community
8 I Redevelopment Area, be vested in and be performed by the Community Redevelopment
9 "\gency us modified in "^J1:icle II of Chapter 1.5. All references to the Planning and
10 I Development Board in this Ch.apter shall be construed. ~o n~ea~ the Comu~unity
11 ! Redevelopment Agency when applIed to land de'.'elopment actIVIty wIthm the boundanes of
12 I the Community Redevelopment Area.
I
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I Advisory authority, functions, powers, and duties.
13 I Section 4.
I
14 II A. The planning and development board shall have the authority and duty to consider
15 I and recommend upon applications for land development activity, as hereinafter set forth, after
16 I first considering the recommendations thereon of the city planning and zoning department.:.,
17 'I and after a In making its recommendations to the City Commission the Board should consider
18 the impact of the proposed development activity and whether or not the development will
19 'I determination of fact that application '.vill not generate excessive noise or traffic; tend to
20 II create a fire, disease or other equally or dangerous hazards; provoke excessive overcrowding
21 or concentration of people or population; be in harmony and compatible with the present and
22 I future developments of the area concerned; conserve the value of buildings and encourage the I
23 . ,most appropriate use of land and water; provide adequate light and air; promote such I
24 I distribution of population and such classification of land uses, development and utilization as
25 IWilI tend to facilitate and provide adequate provisions for public requirements, including, but
26 not limited to, transportation, water flowage, water supply, drainage sanitation educational
27 opportunities, recreation, soil fertility, environmental protection, and food supplies; prohibit
28 wasteful and excessive scattering of population of settlements; conform to the character of the
29 district and its particular suitability for particular uses; be consistent with the needs of the city
30 for land areas for specific purposes to serve population economic activities; protect the tax
31 base; facilitate and carry forward the intent and purpose of the city's comprehensive plan;
32 would not be disruptive to the character of the neighborhood or adverse to play grounds,
33 parks, schools and recreation areas; would not be adverse to the promotion of public health,
34 safety, comfort, convenience, order, appearance, prosperity or general welfare.
35 B. The planning and development board shall have all powers heretofore vested in the
36 planning and zoning board and the community appearance board.
37 C. The planning and development board shall be responsible for all duties heretofore
38 carried out by the planning and zoning board and the community appearance board.
S:\CA\Ordinances\CRA powers ofreview(qg).doc
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1 D. All references in the Land Development Regulations of the City of Boynton Beach to [
2 the planning and zoning board or to the community appearance board shall hereinafter be
3 construed to mean the Planning and Development Board.
4 E. Provide recommendations to the community redevelopment agency for matters
5 related to the central business district.
6 1. The board shall have the power to issue nonbinding recommendations to the
7 community redevelopment agency on matters specifically referred to it by the community
8 redevelopment agency.
9 2. The board shall have no other powers with respect to the central business district
10 and the community redevelopment agency unless specifically granted or assigned by the City
] 1 Commission.
12 : 3. All administrative staff and any other staff support for the duties of the board as set
13 t forth in this subsection shall exclusively be provided by the City of Boynton Beach
14 I Department of Community Improvement under the direction and supervision of the city
15 ; manager.
i
16 I Sec. 4. 1. Qa.,i J adioial Authority Advi sory ,functi ons, powers, and duties.
17 I A. The Planning and Development Board shall have the authority and duty to hear and
18 : make recommendations to the City Commission on all applications for land development
19 i matters. including the following"decide, in a quasi jadicial capucity, administrative appeals,
20 : special exceptions and variances. Requests for administrative appeals, special exceptions and
21 i variances '.,"ill not be processed unless written upplicatteB and a fee ha\'e been submitted to
22 I the Development Department.
I
23, B. ,t\dministrative Appeals. The board has the authority to hear and decide appeals
24 I \\'hen it is alleged that there is error in any order, requirement, decision, or determination
25 I made by an administrative official in the enforcement of any zoning ordinance or regulation
26 ! adopted pursuunt to the section.
i
I
27 I c. Special Exceptions. The board has the authority and duty to hear and decide requests
28 for special exceptions. To decide such questions as are imolved in the detennination of when
29 such special exceptions should be granted. To grant special exceptions \",ith appropriate
30 conditions and safeguards or to deny such special exceptions '.",hen not in hanllony \\'ith the
31 I!purpose and intent of this section. The following standards apply to the board power to grant
32 ! special exceptions:
33 1. The board shall find that in granting the special exception. the public interest \vill
34 not be adversely affected.
35 2. The board may prescribe appropriate conditions and safeguards in conformity with
36 this chapter. Violation of such conditione; and safeguards. when made part of the terms under
IS:\CA\OrdinanCeS\CRA powers ofreview(qg).doc
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1 which the special exception is granted. shall constitute grounds for the re';ocation of the
2 special exception and the certificate of occupancy or business tax receipt associated therewith.
3 3. The board may prescribe a reasonable time limit \vithin which the action for '.vhich
4 the special exception is required shall begin or be completed, or both.
5 D. Variances. The board has the authority and duty to authori~'.e upon appeal such
6 variance from the terms of a city ordinance as ..vill not bc contrary to the public interest when,
7 o'sing to special conditions, a literal enforcement of the provisions of the city ordinance
8 '.vould result in unnecessary and undue hardship.
9 1. In order to authorize any yariance from the tenns of an ordinance, the board must
10 find that:
11 a. That special conditions and circumstances exist 'Nhich are peculiar to the land,
12 structure or building involved, and which arc not applicable to other lands, structures or
13 buildings in the same zoning district. I
14 b. That special conditions and circumstances do not result from the actions of the
15 I applicant for the variance.
16 c. That ~Tanting the variance requested '.vill not confer on thc applicant any special I
17 Ilpri\'ilege that is denied by this section to other lands, structures or buildings in the same
18 II zoning district.
19 II d. That literal interpretations of the pro'/isions of the ordinancc would deprive the I
20 applicant of rights commonly enjoyed by other properties in the samc zonin; district under
21 the terms of the ordinance and would ,vode unnecessary and undue hardship on the applicant.
22 e. That the variance granted is the minimum variance that "vill make possible
23 reasonable use of the land, structure or building.
24 f. That the grant of the '.'ariance '.vill be in harmony '.vith the ;eneral intent and
25 purpose of this chapter and that such variance will not be injurious to the area involved or be
26 otherwiso detrimental to the public welfare.
27 g. For variances to minimum lot area or lot frontage requirements, that property is
28 not available from adjacent properties in order to meet these requirements, or that the
29 acquisition of such property would cause the adjacent property or structures to become
30 nonconfonning. The applicant for such variances shall provide an affidavit '.'lith the
31 application for variance stating that the above mentioned conditions exist with respect to the
32 acquisition of additional property.
33
34
35
:ICAIOrdinanceslCRA powers ofreview(qg).doc
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1 identifying the business or other aCUv1ty located on such property. No variances may be
2 grunted to signs expressly prohibited by Chapter 21. The board may only grant a yariance to:
3 (1) .^~llow a setback lesG than that required under the chapter;
I
I
4 (2) ,^-lIow the area, height or both of u sib'l1 to be increased by up to twenty five
5 (25) percent oft11e maximum allmvable height or area;
6 (3) Allow the nambcr of signs to be increased over the maximum allowed by
7 I this code.
8 2. In granting a variance:
9 a. The board may prescribe appropriate conditions and safeguards in conformity
10 with this section. Violations of such conditions and safeguards, when made a part of the tenns
11 under vihich the variance is granted, shall be deemed a violation of this section.
I
12 I b. The board may prescribe a reasonable time limit within which the aC1ion for
13 I which the variance is required ::;hall begin, be completed. or both.
14 ..1 c. "\There variances of lot area and maximum densities are requested, and such
15 i I variance, if granted, would cause the density to exceed the density shown on the future land
16 i I use map of the city's comprehensi';e plan, t~1~ density cre.ated shall be co~stmed to be in
17 i i con f0TI11 ance '.vith the comprehensive plan, 1/ the board fmds that the yanance meets the
18 ! I conditions set forth in this section for granting the same, and the variance 'Nould only allO\\
19 i.1 for the construction of a single famil\' detached dwelling.
I . . ... -
I'
20 II E. Procedures for Variances, Speciul Exceptions und ,^~ppeals of Administruti\'e .'\ctions.
21 ! I I. Exceptions. Under no circumstances except as pem1itted above shall the board
22 i! grant a variance to pennit a use not generally or by special exception permitted in the zoninb
23 Ild~Gtr~ct involved or ,any .use expressl~' or b)~ implication prohibited in. t~e ap~licab]e zoning
24 Ild~str~ct No nonconfo~mmg use of ne1ghbonng la~ds,. structures ?r bmldm;s mother zomn;
25 !.Idlstncts shall be conSldered grounds for the authonzatlOn of a vanance.
! ... -
26 II 2. ReV1ew of i\.dministrat1\'0 Qrders, In exerclsmg Hs powers, the aoara may,-t:tf**l-
27 appeal and in confonnity with tho provisions of this scction, reverse or affinn, wholly or
28 partly, or may modify the order, requirement, decision or detennination made by an
29 I administrative ?fficial. in the enforcement of any zoning ordinance or regulation adopted
30 I pursuant to thiS sectiOn, and may make any necessary order, reqUlremenL dCClSlOn or
31 detem1ination, and to that end shall have the powers of the officer from whom the appeal is
32 taken. /\ majority vote shall be necessary to reverse any order, requirement, decision or
33 detcnnination of an',' s:lch administruti';c official or to decide in favor of the applicant on any
34 ~~"H~.. .1..._1....~ t .rl'~ '.. .rl~...I_:~'
I ~..'u uumu'" U," ,"u,",", ,u" .
I S:\CA\Ordinances\CRA powers ofreview(qg).doc
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1 3. lJ..ppeals from decision of Administrative Official. l.ppeals to the board may be
2 taken by any person aggIieT,'ed or affected by any decision of an administratiT,'e official
3 interpreting any zoning ordinance. Such appeal shall be taken within thirty (30) days after
4 rendition of the order, requirement, decision, or determination appealed from by filing with
5 the officer from ..."hom the appeal is taken and \vith the board, a notice of appeal specifying
6 the grounds thereof. The appeal shall be in the fornl prescribed by the rules of tho board.
7 4. Stay of 'tlork and Proceeding on l.ppeals. An appeal to the board stays all work
8 on the premises and all proceedings in furtherance of the action appealed from, unless tho
9 officialfiom \\'hom the appeal is taken shall certify to the board that by reason of facts stated
10 in the certificate, a stay "",ould cause imminent peril of life or property. In such case,
11 proceedings ar T,'lark shall not be stayed except by a restraining order TNhich may be grunted
12 by the board, or by a court of record on the application, on notice to the officer f1-om whom
13 the appeal is taken and on due cause shO\vn.
14 5. Hearing of ,'\ppeals. The board shall fix a reasonable time for the hearing of the
15 8J313eal, giT,'e the 13ul3lic notice thereof, as "vell as due notice to the 13arties in interest, and I
16 II decide the same T.\'ithin a reasonable time. Upon the hearing, any person may appear in
17 person, by agent or attorney. Applicants shall be required to file a proper form (supplied by
18 the Planning Department), a current certified survey accompanied by a fee as adopted by
19 resolution of the City Commission. For procedural purposes, an application for a special
20 exception shall be handled by the board as for appeals.
Review of Decisions of the Board. l.ny person may appeal ,-,ariance, special ,
21 6. I
22 exception, or appeal of administrative order to the City Commission of the City of Boynton
23 Beach within t\venty (20) days after rendition of the decision by the Planning and
24 .PeT,'ele13meHt Beard. The decision of the City Commission shall be deemed final subject onl,'
25 I to reyie\'l by ""Tit of certiorari to the Palm Beach County Circuit Court.
26 I 7. \Vithdrmval ar Denial of Application.
27 a. Upon the denial of an application for relief hereunder, in whole or in part, a
28 period of one (1) ~'oar must elapse prior to the filing of a subsequent application affecting thc
29 same property or any portion thereof.
30 b. Upon the withdrav;al of an application, in '""hole or in part, a period of six (6)
31 months must run prior to the filing of a subsequent application affecting the same property or
32 any portion thereof, unless the decision of the board is without prejudice; and provided that
33 the period of limitation shall be increased to a two (2) year waiting period in the event such an
34 application, in ..",hole or in part, has been twice or morc denied or ',vithdrawn.
35
36
37
38
39
:ICAIOrdinanceslCRA powers ofreview(qg).doc
- 6 -
1 has been taken by the board. \Vhen an application is "vithdmwn without prejudice, the time
2 limitations for reapplication provided herein shall not apply.
3 F. ;\dvertising Requirements. Required advertisements for the applicant's reqaest must
4 appear in a newspaper of general circulation in the City of Boynton Beach, at least fifteen (15)
5 days prior to the scheduled Planning and Development Board Meeting. ;\11 required notices
6 ! to surrounding property O'Ivners must be postmarked no later than fifteen (15) days prior to
7 that scheduled public hearing.
,
i
8 I Sec. 4.2. Additional authority, functiOfls, powers, and dnties. as assigned by the City
9 Commission.
10 The Planning and Development Board shall hme such additional authority. fanctions,
11 , powers and duties, as assigned to the board by ordinance.
I
I
12 I l.uthority Granted by the City Commission.
I Sec. 1.3.
I
13 I. j\. The fol1mving applications/types of requests shall preliminarily be reviewed by the
14 I Planning and Deyelopment Board prior to approval by the City Commission.:
15 I 1. Annexation.
I
I
16 i 2. Code review.
17 I 3. Comprehensive plan text amendment.
i
I
18 i 4. Consistency review.
I
19 I 5. Development of regional impact amendment.
I
!
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20 i 6. Height exception.
I
21 i 7. Land use plan amendment/rezoning.
I
I
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22 8. Rezoning.
23 9. Telecommunication towers (waiver or reduction of separation requirements and/or
24 jspecial exception regarding application rejection).
25 I 10. Conditional Use Approval.
26 B. The following applications/types of requests that arc processed and rc,,'iewed by the
27 Planning and Zoning Department shall be approved by the planning and development board:
28 11. Abandonment.
i S:\CA\Ordinances\CRA powers ofreview(qg).doc
II ~
II
I
. . I
1 12. Administrative appeal.
2 13. Community Design Plan appeal.
3 14. Concurrency appeal.
4 15. Concurrency time extension.
5 16. Landscape appeal.
6 17. Master plan modification.
7 18. Master plan time extension.
8 19. Major site plan modification.
9 I 2+0. New site plan. I
10 2+1. Site Plan time extension.
11 2+2. Subdivision - master plan.
I -
12 I. 2+3. Use approval.
13 I 2+4. Zoning code appeal.
I
14 ~+5. Conditional use approval time extension.
I
15 C. No action of the Planning and Development Board or the Community
16 Redevelopment Board '",hen the Community De','elopment .\gency is conducting revic''v of a
17 IProject -,vithin the redevelopment area, shall be considered a final action of the City until
18 ratified by the City Commission. The procedure for ratification shall be as follows:
19 1. All matters which have been reviewed and acted on by the Planning and
20 Development Board shall be reduced to writing as a proposed Development Order. The form
21 of the proposed Development Order shall be approved by the City Attorney.
22 2. All proposed Development Orders shall be submitted to the City Commission at
23 the second regular City Commission meeting following action by the Planning and
24 I Development Board or the Community Redevelopment Agency. The item shall be
25 consolidated on the "public hearing" portion of the agenda with other agenda items
26 concerning the same development. When a legislative item, such as a land use amendment is
27 onso1idated with a quasi-judicial item, such as a rezoning, both items shall proceed using the
28 uasi-judicial process, but consolidation shall not alter the legal standard for review, or the
29 urden of proof.
:\CA\Ordinances\CRA powers ofreview(qg).doc
- 8 -
1 3. The City Commission may table a proposed Development Order to insure that
2 proper notice and opportunity to be heard is provided to the applicant, the public, and any
3 other interested parties. All documents and evidence that were submitted to the Planning and
4 Development Board or Commanity Redevelopment /\;ency Board constitute part of the
5 I record of the proceeding before the City Commission and it is presumed that the City
6 i Commission accepted and considered the documents and evidence in its consideration of the
7 ; issues before the Commission.
I
8 ! I 4. Following ratification action on e-f a proposed Development Order by the City
9 I, Commission, the City Clerk shall date and sign the Development Order and issue it as a final
10 I order.
11 i I Section 6. Review of board decisions.Finality and Review
I
12 ' I All decisions of the planning and development board shall be advisory to the City
~ i
13 I Commission:., unless otherwise stated in this Article or by ordinance. Disposition of an
14 I application or roqnest made throHgh the planning and development hoard shall not he dec,ueu
15 final until acted on by the City Commission. unless otherwise stated ie this /sticlc or by
16 I ordinance. Once final, a decision may be reviewed by the filing of a Petition for Writ of
17 i Certiorari in the Circuit Court of the 15th Judicial Circuit in and for Palm Beach County,
I
18 i Florida, and in accordance with the procedure and within the time provided by court rule and
19 ! such time shall commence to run from the date of the decision sought to be reviewed.
I .^,ny determination decisions of the Planning and Development Board must first be
20 I
21 I appealed to the City Commission within t\vcnty (20) days after rendition of the decision by
22 I the Plmming and Dcvelopment Board, prior to any appeal to a court of competent jurisdiction.
23 i The decision of the City Commission shall be deemed final subject only to review bvw-tit-ef
24 I certiorari to the Palm B~ach County Circuit Court. ., -
I
25 I
!
i i
26 ~ I Section 3. Article II of Chapter 1.5 of the Land Development Regulations entitled
27 i i COMMUNITY REDEVELOPMENT AGENCY BOARD is deleted in its entirety.
,
28 i
I
29 I Section 4. Each and every other provision of Chapter 26, not herein specifically
!
30 i amended shall remain in full force and effect as previously enacted.
I Section 5. All ordinances or parts of ordinances in conflict herewith be and the
31
32 same are hereby repealed.
33 Section 6. Should any section or provision of this ordinance or portion hereof, any
34 IParagraPh, sentence or word be declared by a court or competent jurisdiction to be myalid,
IS \CA\Ordmances\CRA powers ofrevlcv,(qg) doc
') -
I
. . :
1 such decision shall not affect the remainder of this ordinance.
2 Section 7. Authority is hereby granted to codify said ordinance.
3 Section 8. This ordinance shall become effective immediately upon its passage
4 and adoption.
5 FIRST READING this _ day of ,2008.
6
7 SECOND, FINAL READING AND PASSAGE this day of
8 ,2008.
9 CITY OF BOYNTON BEACH, FLORIDA
10 I
11
12 I Mayor - Jerry Taylor
13
14
15 I Vice Mayor - Jose Rodriguez
I
16
17 I
18 Commissioner - Ronald Weiland I
19 II
20
21 " Commissioner - Woodrow L. Hay
22
23
24 Commissioner - Marlene Ross
25
26 I ATTEST:
27
28
29
30
31 Janet M. Prainito, CMC
32 City Clerk
33
34
35
36 (CORPORATE SEAL)
:ICA IOrdinanceslCRA powers of review( qg).doc
- 10-
XII. - LEGAL
CITY OF BOYNTON BEACH ITEM 0.1
AGENDA ITEM REQUEST FORlVl
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 December 18, 2007 December 3, 2007 (Noon) o February 19,2008 February 4,2008 (Noon)
~ January 2. 2008 December 17,2007 (Noon) o March 4, 2008 February 19,2008 (Noon)
o January 15.2008 December 31,2007 (Noon) o March 18, 2008 March 3, 2008 (Noon)
0 February 5. 2008 January 14.2008 (Noon) o April I, 2008 March 17,2008 (Noon)
0 Anno uncements/Presentati 0 ns 0 City Manager's Report
NA TURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda ~ Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Appoint City Commission representative and alternate to the following organization:
Coalition of Boynton West Residents Association
EXPLANATION: Attached is a brief synopsis of each organization and the current representative and alternate.
PROGRAM IMPACT: NM
FISCAL IMPACT: (Include Account Number where funds will come from) N/A
AL TERNA TIVES: N/A
Department Head's Signature i1?,<~
City anager's Signature
Assistant to City Manager
Department Name ~~ttom'y / F'oon"
SIBULLETINIFORMS\AGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION NO. R08-
2
~ I A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPOINTING
5 AS A REPRESENTATIVE
6 TO THE COALITION OF BOYNTON WEST
7 RESIDENTIAL ASSOCIATIONS, INC., (COBWRA) AND
8 APPOINTING AS
9 ALTERNATE REPRESENT ATIVE TO THE
10 COALITION OF BOYNTON WEST RESIDENTIAL
11 ASSOCIATIONS, INC., (COBWRA); AND PROVIDING
12 AN EFFECTIVE DATE.
13
14
15 WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled
16 I to representation on the Coalition of Boynton West Residential Assoeiati ons, Inc..
17 II (COBWRA); and
18 II WHEREAS, the City Commission has considered the qualifications necessary fOT
19 II such representation and wishes to bestow upon the following named individuals such right
20 II and honor of service.
II
, I
21 I' NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
I
22 I THE CITY OF BOYNTON BEACH, FLORIDA THAT:
I
23 II Section 1. The "WHEREAS" clauses above are hereby ratified and confirmed as
II
24 I ' being true and correct and incorporated herein by reference.
25 . Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
26 I appoints as a representative to the Coalition of Boynton West
27 I Residential Associations, Inc., (COBWRA) and appoints
28 as alternate representative to the Coalition of
29 Boynton West Residential Associations, Inc., (COBWRA).
30 Section 3. That this Resolution shall become effective immediately upon passage.
S:\CA \RESO\Appointments\COBWRA Appt 08.doc
r I
11
1 PASSED AND ADOPTED this day of January, 2008.
2
3 CITY OF BOYNTON BEACH, FLORIDA
4
5
6
7 Mayor - Jerry Taylor
8
9
10 Vice Mayor - Jose Rodriguez
11
12
13 Commissioner - Ronald Weiland
14
15
16 Commissioner - Woodrow L. Hay
17 II
18
19 Commissioner - Marlene Ross
20 ATTEST:
21
22
23 I Janet M. Prainito, CMC
24 I City Clerk
25
26
27
28 (Corporate Seal)
29
:\CA \RESO\Appointments\COBWRA Appt 08.doc
COMMISSION APPOINTED ORGANIZATIONS
2006-2007
Or anization Re resentative Alternate
PBC League of Cities McKoy Commissioners,
City Manager i
PBC League of Cities ~
McKoy
Brd of Dir
i MPO Mayor All Commission 3T Thurs @ 9:00 a.m.
Governmental Center
COBWRA Weiland McCray i 3T Wed @ 9:30 a.m.
Various locations
I Intergovernmental Rodriguez No Alt appointed As needed
Coordination Program ~---- ---,------
Commission approved 1/16/07
Palm Beach County League of Cities
The Palm Beach County League of Cities shall advocate the collective interests of the
municipalities in Palm Beach County in accordance with the principles of self-
government. The Municipal League of Palm Beach County meets on the fourth
Wednesday of each month at 10:30 a.m. at various locations. The membership term is
one year.
Representative - Alternate -
Metropolitan Planning Organization
The Metropolitan Planning Organization was created by federal regulations and Florida
Statutes to meet federal requirements for obtaining and expending federal
transportation funds. The MPO is composed of local elected officials from County and
municipal governments and applicable transportation authorities, and is independent of
local elected bodies. The responsibilities of the MPO encompass multi-modal
transportation planning and addresses short-term (five-year) and long-range (20-year)
time frames. The MPO meeting is held every third Thursday of the month at 9:00 a.m.
in the 12th floor conference room of the Governmental Center.
Representative - Alternate -
Coalition of Boynton West Residents Association
The Coalition of Boynton West Residential Associations (COBWRA) is an assembly of
representatives of the various subdivisions in unincorporated Boynton Beach. As a
courtesy to the City of Boynton Beach, a City representative and alternate are welcome
to attend the meetings to address issues of interest or concern. The meeting is held the
3rd Wednesday of each month at 10:00 a.m. at various locations throughout the
COBWRA area.
Representative - Alternate -
Countywide Intergovernmental Coordination Program
The Countywide Intergovernmental Coordination Program has been in place for several
years under the auspices of two interlocal agreements that were signed by all
municipalities, the School Board, the Water Management District and several special
districts. The members of this Forum meet quarterly to discuss issues of inter-
jurisdiction significance. Each individual local government decides the length of the
term.
Representative - Alternate -
XII. - LEGAL
ITEM 0.2
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
Meetine Dates in to City Clerk's Office Meetine Dates in to C itv Clerk's Office
0 December 18, 2007 December 3. 2007 (Noon) 0 February 19.2008 February 4, 2008 (Noon)
L8J January 2. 2008 December 17.2007 (Noon) o March 4, 2008 February 19,2008 (Noon)
0 January 15,2008 December 3 L 2007 (Noon) o March 18,2008 March 3, 2008 (Noon)
0 February 5, 2008 January 14,2008 (Noon) o April I, 2008 March 17,2008 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda L8J Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Appoint City Commission representative and alternate to the following organization:
Metropolitan Planning Organization
EXPLANATION: Attached is a brief synopsis of each organization and the current representative and alternate.
PROGRAM IMPACT: NM
FISCAL IMPACT: (Include Account Number where funds will come from) N/A
AL TERNATlVES: N/A
~~
Department Head's Signature City Manager's Signature
Assistant to City Manager
~
Department Name City Attorney I Finance
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
COMMISSION APPOINTED ORGANIZATIONS
2006-2007
._~-----------,
I
! Organization Re resentative Alternate Meetin Time & Location
PBC League of Cities McKoy Commissioners, 41 Wed @ 10:30 a.m.
City Manager Various locations
PBC League of Cities McKoy
I Brd of Dir
3r Thurs @ 9:00 a.m. n__<
MPO I Mayor All Commission
Governmental Center
I
COBWRA Weiland i McCray 3r Wed @ 9:30 a.m.
I Various locations
Intergovernmental Rodriguez . No Alt appointed As needed
Coordination Program
Commission approved 1/16/07
I RESOLUTI9N NO. R08-
2
3 A RESOLUTION OF THE CIty COMMISSION OF THE
4 CITY OF BOYNTON BEACH1, FLORIDA, APPOINTING
5 !AS A REPRESENTATIVE
6 TO THE METRO~OLITAN PLANNING
7 ORGANIZATION AND A~POINTING ANY CITY
8 COMMISSION MEMBE AS ALTERNATE
9 REPRESENT ATIVE TO . THE METROPOLIT AN
10 PLANNING ORGANIZATION; AND PROVIDING AN
11 EFFECTIVE DATE.
12
13
14 WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled
15 to representation on the Metropolitan Planning C)>rganization; and I
16 WHEREAS, the City Commission has considered the qualifications necessary for
17 such representation and wishes to bestow upon the following named individuals such right
18 and honor of service. I
19 I NOW, THEREFORE, BE IT RESOI1 VED BY THE CITY COMMISSION OF
20 THE CITY OF BOYNTON BEACH, FLORIlDA THAT:
21 Section 1. The "WHEREAS" clauses above are hereby ratified and confirmed as
22 being true and correct and incorporated herein by reference.
I
23 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
24 appoints as a r~presentative to the Metropolitan Planning
25 Organization and appoints any City Commission member as alternate representative to the
26 Metropolitan Planning Organization.
27 Section 3. That this Resolution shall belbome effective immediately upon passage.
S:\CA \RESO\Appointrnents\Metropolitan Planning Organization 08.doc
1
2 PASSED AND ADOPTED this day ofJanuary. 2008.
3
4 CITY OF BOYNTON BEACH, FLORIDA
5
6
7
8 Mayor - Jerry Taylor
9
10
11 Vice Mayor - Jose Rodriguez
12
13
14 Commissioner - Ronald Weiland
15
16
17 Commissioner - Woodrow L. Hay
18
19
______0_
20 Commissioner - Marlene Ross
21 ATTEST:
22
23
24 Janet M. Prainito, CMC
25 City Clerk
26
27
28
29 ! (Corporate Seal)
30 I
I
I
i
i
i
I
I
I
I
I
i
I
I
I
I
I
I
I
I
I
S:\CA \RESO\Appointments\Metropolitan Planning Organization 08 doc
!
I
Palm Beach County League of Cities
The Palm Beach County League of Cities shall advocate the collective interests of the
municipalities in Palm Beach County in accordance with the principles of self-
government. The Municipal League of Palm Beach County meets on the fourth
Wednesday of each month at 10:30 a.m. at various locations. The membership term is
one year.
Representative - Alternate -
Metropolitan Planning Organization
The Metropolitan Planning Organization was created by federal regulations and Florida
Statutes to meet federal requirements for obtaining and expending federal
transportation funds. The MPO is composed of local elected officials from County and
municipal governments and applicable transportation authorities, and is independent of
local elected bodies. The responsibilities of the MPO encompass multi-modal
transportation planning and addresses short-term (five-year) and long-range (20-year)
time frames. The MPO meeting is held every third Thursday of the month at 9:00 a.m.
in the 1 ih floor conference room of the Governmental Center.
Representative - Alternate -
Coalition of Boynton West Residents Association
The Coalition of Boynton West Residential Associations (COBWRA) is an assembly of
representatives of the various subdivisions in unincorporated Boynton Beach. As a
courtesy to the City of Boynton Beach, a City representative and alternate are welcome
to attend the meetings to address issues of interest or concern. The meeting is held the
3rd Wednesday of each month at 10:00 a.m. at various locations throughout the
COBWRA area.
Representative - Alternate -
Countywide Intergovernmental Coordination Program
The Countywide Intergovernmental Coordination Program has been in place for several
years under the auspices of two interlocal agreements that were signed by all
municipalities, the School Board, the Water Management District and several special
districts. The members of this Forum meet quarterly to discuss issues of inter-
jurisdiction significance. Each individual local government decides the length of the
term.
Representative - Alternate -
XII. - LEGAL
ITEM 0.3
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
D December 18.2007 December 3,2007 (Noon) D February 19, 2008 February 4,2008 (Noon)
r8J January 2. 2008 December] 7,2007 (Noon) D March 4, 2008 February 19,2008 (Noon)
D January 15.2008 December 31. 2007 (Noon) D March 18, 2008 March 3, 2008 (Noon)
D February 5. 2008 January 14,2008 (Noon) D April I, 2008 March 17.2008 (Noon)
D An n 0 uncements/Presentat ions D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda r8J Legal
D Code Compliance & Legal Settlements D Unfinished Business
0 Public Hearing D
RECOMMENDATION: Appoint City Commission representative and alternate to the following organization:
Countywide Intergovernmental Coordination Program
EXPLANATION: Attached is a brief synopsis of each organization and the current representative and alternate.
PROGRAM IMPACT: NM
FISCAL IMPACT: (Include Account Number where funds will come from) N/A
ALTERNATIVES: N/A
~~
Department Head's Signature ;'y M,n'gec'S- S;gn"""
Assistant to City Manager
~c - -"
Department Name City Attorney I Finance
SIBlJLLETINIFORMS\AGENDA ITEM REQUEST FORM DOC
II'
I
I,
II
I!
11 I \ RESOLUTION NO. R08-
2 I
3 ! \
4 I A RESOLUTION OF THE CITY COMMISSION OF THE
5 I CITY OF BOYNTON BEACH, FLORIDA, APPOINTING
6 \ AS A REPRESENT A TIVE
7 II TO THE COUNTYWIDE INTERGOVERNMENTAL
8 I i COORDINATION PROGRAM AND APPOINTING
'I
9 I AS ALTERNATE
10 II REPRESENTATIVE TO THE COUNTYWIDE
11 1\, INTERGOVERNMENTAL COORDINATION
12 I PROGRAM; AND PROVIDING AN EFFECTIVE DATE.
13
14 :
15 I WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled
I
.
16 I to representation on the Countywide Intergovernmental Coordination Program; and
I
17 I WHEREAS, the City Commission has considered the qualifications necessary for
I
I
18 I such representation and wishes to bestow upon the following named individuals such right
19 ! and honor of service.
i
,
20! NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
!
21 ITHE CITY OF BOYNTON BEACH, FLORIDA THAT:
!
i
22 \ Section 1. The "WHEREAS" clauses above are hereby ratified and confirmed as
23 I being true and correct and incorporated herein by reference.
I
I
24 I Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
25 appoints as a representative to the Countywide
26 I Intergovernmental Coordination Program and appoints as
I
27 !alternate representative to the Countywide Intergovernmental Coordination Program
28 Section 3. That this Resolution shall become effective immediately upon passage.
S:\CA \RESO\Appointments\Countywide Intergovernmental Coordination Program OS.doc
I
I
I
1
2 PASSED AND ADOPTED this day of January, 2008.
3
4 CITY OF BOYNTON BEACH, FLORIDA
5
6
7
8 Mayor - Jerry Taylor
9
10
11 Vice Mayor - Jose Rodriguez
12
13
14 Commissioner - Ronald Weiland
15
16 ,
17 Commissioner - Woodrow L. Hay
18
19
20 Commissioner - Marlene Ross
21
22 i I ATTEST:
23 I
24 I,
25 I Janet M. Prainito, CMC
26 City Clerk
27
28
29
30 I (Corporate Seal)
31
S:\CA\RESO\Appointments\Countywide Intergovernmental Coordination Program 08.doc
Palm Beach County League of Cities
The Palm Beach County League of Cities shall advocate the collective interests of the
municipalities in Palm Beach County in accordance with the principles of self-
government. The Municipal League of Palm Beach County meets on the fourth
Wednesday of each month at 10:30 a.m. at various locations. The membership term is
one year.
Representative - Alternate -
Metropolitan Planning Organization
The Metropolitan Planning Organization was created by federal regulations and Florida
Statutes to meet federal requirements for obtaining and expending federal
transportation funds. The MPO is composed of local elected officials from County and
municipal governments and applicable transportation authorities, and is independent of
local elected bodies. The responsibilities of the MPO encompass multi-modal
transportation planning and addresses short-term (five-year) and long-range (20-year)
time frames. The MPO meeting is held every third Thursday of the month at 9:00 a.m.
in the 1 ih floor conference room of the Governmental Center.
Representative - Alternate -
Coalition of Boynton West Residents Association
The Coalition of Boynton West Residential Associations (COBWRA) is an assembly of
representatives of the various subdivisions in unincorporated Boynton Beach. As a
courtesy to the City of Boynton Beach, a City representative and alternate are welcome
to attend the meetings to address issues of interest or concern. The meeting is held the
3rd Wednesday of each month at 10:00 a.m. at various locations throughout the
COBWRA area.
Representative - Alternate -
Countywide Intergovernmental Coordination Program
The Countywide Intergovernmental Coordination Program has been in place for several
years under the auspices of two interlocal agreements that were signed by all
municipalitiesl the School Board, the Water Management District and several special
districts. The members of this Forum meet quarterly to discuss issues of inter-
jurisdiction significance. Each individual local government decides the length of the
term.
Representative - Alternate -
COMMISSION APPOINTED ORGANIZATIONS
2006-2007
Organization Representative Alternate Meeting Time & Location
PBC League of Cities McKoy Commissioners, 4th Wed @ 10:30 a.m.
City Manager Various locations
PBC League of Cities McKoy
Brd of Dir
MPO Mayor All Commission 3fd Thurs @ 9:00 a.m.
Governmental Center
COBWRA Weiland McCray 3fd Wed @ 9:30 a.m.
Various locations
Intergovernmental Rodriguez No Alt appointed As needed
Coordination Program
Commission approved 1/16/07
XII. - LEGAL
ITEM 0.4
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 Citv Clerk's Office Meeting Dates in to Citv Clerk's Office
0 December 18, 2007 December 3,2007 (Noon) o February 19, 2008 February 4, 2008 (Noon)
fSl January 2,2008 December 17,2007 (Noon) o March 4, 2008 February] 9,2008 (Noon)
o January 15, 2008 December 31,2007 (Noon) o March 18, 2008 March 3, 2008 (Noon)
0 February 5, 2008 January 14,2008 (Noon) o April 1,2008 March 17, 2008 (Noon)
0 Anno u ncements/Presentations 0 City Manager's Report
NA TURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda fSl Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Appoint City Commission representative and alternate to the following organization:
Palm Beach County League of Cities.
EXPLANATION: Attached is a brief synopsis of each organization and the current representative and alternate.
PROGRAM IMPACT: NM
FISCAL IMPACT: (Include Account Number where funds will come from) N/A
AL TERNA TlVES: N/A
J
~
Department Head's Signature City Manager's Signature
Assistant to City Manager
" -
~y
Department Name City Attorney / Finance
SIBULLETlNIFORMS\AGENDA ITEM REQUEST FORM DOC
1 RESOLUTION NO. R08-
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, APPOINTING
5 AS A REPRESENT A TIVE
6 TO THE PALM BEACH COUNTY LEAGUE OF CITIES,
7 AND APPOINTING ALL CITY COMMISSION
8 MEMBERS, AND THE CITY MANAGER AS
9 AL TERNA TE REPRESENT A T AlVES TO THE PALM
10 BEACH COUNTY LEAGUE OF CITIES; AND
11 PROVIDING AN EFFECTIVE DATE.
12
13
14 WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled
15 to representation on the Palm Beach County League of Cities; and
16 WHEREAS, the City Commission has considered the qualifications necessary for
17 such representation and wishes to bestow upon the following named individuals such right
18 and honor of service.
19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
20 THE CITY OF BOYNTON BEACH, FLORIDA THAT:
21 I Section 1. The "WHEREAS" clauses above are hereby ratified and confirmed as
22 being true and correct and incorporated herein by reference.
23 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
24 appoints as a representative to the League of Cities and
25 appoints any City Commission member and City Manager as alternate representative to the
26 Palm Beach County League of Cities.
27 Section 3. That this Resolution shall become effective immediately upon passage.
is:\CA\RESO\Appointments\Palm Beach County League of Cities OX.doc
I
, I
1
2 PASSED AND ADOPTED this day of January, 2008.
3
4 CITY OF BOYNTON BEACH, FLORIDA
5
6
7
8 Mayor - Jerry Taylor
9
10
11 Vice Mayor - Jose Rodriguez
12
13
14 Commissioner - Ronald Weiland
15
16
17 Commissioner - Woodrow L. Hay
18
19
20 Commissioner - Marlene Ross
21 ATTEST:
22 I Janet M. Prainito, CMC
23
24
25 I City Clerk
26
27
28
29 (Corporate Seal)
30
31
S:\CA\RESO\Appointments\Palm Beach County League of Cities 08.doc
COMMISSION APPOINTED ORGANIZATIONS
2006-2007
I i 1M f --I
i Or anization I
Re resentative Alternate ee 10 Time & Location
I PBC League of Cities McKoy Commissioners, 411 Wed @ 10:30 a.m.
City Manager Various locations
i PBC League of Cities McKoy
Brd of Dir I
MPO Mayor All Commission 3r Thurs @ 9:00 a.m.
I Governmental Center
COBWRA Weiland McCray I 3r Wed @ 9:30 a.m.
i Various locations
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Intergovernmental I Rodriguez . No Alt appointed As needed
I
I
.. Coordination Program I
Commission approved 1/16/07
Palm Beach County League of Cities
The Palm Beach County League of Cities shall advocate the collective interests of the
municipalities in Palm Beach County in accordance with the principles of self-
government. The Municipal League of Palm Beach County meets on the fourth
Wednesday of each month at 10:30 a.m. at various locations. The membership term is
one year.
Representative - Alternate -
Metropolitan Planning Organization
The Metropolitan Planning Organization was created by federal regulations and Florida
Statutes to meet federal requirements for obtaining and expending federal
transportation funds. The MPO is composed of local elected officials from County and
municipal governments and applicable transportation authorities, and is independent of
local elected bodies. The responsibilities of the MPO encompass multi-modal
transportation planning and addresses short-term (five-year) and long-range (20-year)
time frames. The MPO meeting is held every third Thursday of the month at 9:00 a.m.
in the 1 ih floor conference room of the Governmental Center.
Representative - Alternate -
Coalition of Boynton West Residents Association
The Coalition of Boynton West Residential Associations (COBWRA) is an assembly of
representatives of the various subdivisions in unincorporated Boynton Beach. As a
courtesy to the City of Boynton Beach, a City representative and alternate are welcome
to attend the meetings to address issues of interest or concern. The meeting is held the
3rd Wednesday of each month at 10:00 a.m. at various locations throughout the
COBWRA area.
Representative - Alternate -
Countywide Intergovernmental Coordination Program
The Countywide Intergovernmental Coordination Program has been in place for several
years under the auspices of two interlocal agreements that were signed by all
municipalities, the School Board, the Water Management District and several special
districts. The members of this Forum meet quarterly to discuss issues of inter-
jurisdiction significance. Each individual local government decides the length of the
term.
Representative - Alternate -