Agenda 09-18-12 SearchableThe City of
Boynton
100 E. Boynton Beach Boulevard • (561) 742 -6000
TUESDAY, SEPTEMBER 18, 2012
6:30 PM
FINAL AGENDA
City Commission
AGENDA
Woodrow L. Hay
Mayor — At Large
Mack McCray
Vice Mayor — District II
Vacant
Commissioner — District I
Steven Holzman
Commissioner — District II I
Marlene Ross
Commissioner — District IV
Lori LaVerriere
Interim City Manager
James Cherof
City Attorney
Janet M. Prainito
City Clerk
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WELCOME
Thank you for attending the City Commission Meeting
GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which
determines the order of business conducted at the meeting. The City Commission will
not take action upon any matter, proposal, or item of business, which is not listed upon
the official agenda, unless a majority of the Commission has first consented to the
presentation for consideration and action.
Consent Agenda Items: These are items which the Commission does not need to
discuss individually and which are voted on as a group.
Regular Agenda Items: These are items which the Commission will discuss individually
in the order listed on the agenda.
Voice Vote: A voice vote by the Commission indicates approval of the agenda item.
This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAKING AT COMMISSION MEETINGS:
The public is encouraged to offer comment to the Commission at their meetings during Public
Hearings, Public Audience, and on any regular agenda item, as hereinafter described.
City Commission meetings are business meetings and, as such, the Commission retains the
right to impose time limits on the discussion on an issue.
Public Hearings: Any citizen may speak on an official agenda item under the section
entitled "Public Hearings."
Public Audience: Any citizen may be heard concerning any matter within the scope of
the jurisdiction of the Commission — Time Limit — Three (3) Minutes
Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on
the agenda after a motion has been made and properly seconded, with the exception of
Consent Agenda Items that have not been pulled for separate vote, reports,
presentations and first reading of Ordinances — Time Limit — Three (3) minutes
ADDRESSING THE COMMISSION:
When addressing the Commission, please step up to either podium and state, for the record,
your name and address.
DECORUM:
Any person who disputes the meeting while addressing the Commission may be ordered by the
presiding officer to cease further comments and /or to step down from the podium. Failure to
discontinue comments or step down when so ordered shall be treated as a continuing disruption
of the public meeting. An order by the presiding officer issued to control the decorum of the
meeting is binding, unless over -ruled by the majority vote of the Commission members present.
Please turn off all pagers and cellular phones in the City Commission Chambers while the City
Commission Meeting is in session.
City Commission meetings are held in the Boynton Beach City Commission Chambers, 100
East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the
first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda
Schedule — some meetings have been moved due to Holidays /Election Day).
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1. OPENINGS
A. Call to order - Mayor Woodrow L. Hay
B. Invocation
C. Pledge of Allegiance to the Flag led by Commissioner Ross
D. Brand Promise Statement
E. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
2. OTHER
A. Conduct this second Public Hearing for the Fiscal Year 2012 -2013 Budget in
order to:
1. Approve the addition of two (2) Community Service Officers to be budgeted
in the Traffic Safety Fund - Grade 10.
2. Provide conceptual approval for the addition of five (5) intersections
designated by American Traffic Solutions (ATS) and the Police Department
Amendment to contract will be brought forward to the Commission at a later
date.
3. PROPOSED RESOLUTION NO. R12 -095 - Adopt the Final millage rate for
the General Fund for Fiscal Year 2012 -2013.
4. PROPOSED RESOLUTION NO. R12 -096 - Adopt the Final Budget for the
General Fund and all other funds for Fiscal Year 2012 -2013.
B. PROPOSED RESOLUTION NO. R12 -097 - Ratification by City Commission of
the Boynton Beach Community Redevelopment Agency (CRA) annual budget
for fiscal year 2012 -2013.
C. Informational Items by Members of the City Commission
3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
None
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4. PUBLIC AUDIENCE
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS
(at the discretion of the Chair, this 3 minute allowance may need to be
adjusted depending on the level of business coming before the City
Commission)
5. ADMINISTRATIVE
None
6. CONSENT AGENDA
Matters in this section of the Agenda are proposed and recommended by the
City Manager for "Consent Agenda" approval of the action indicated in each
item, with all of the accompanying material to become a part of the Public
Record and subject to staff comments
A. Accept the FY 2011 -12 Budget Status Report of the General Fund & Utility
Revenue Fund for the eleven (11) month period ended August 31, 2012.
B. Approve the purchase of 24 ballistic helmets (helmets worn by the SWAT
Team) from SRT Supply in St. Petersburg, FL, in the amount of $10,547.80 and
to use the State Law Enforcement Trust Fund to make payment.
C. Approve the purchase of 24 Mayflower heavy vests (bullet proof vests worn by
the SWAT Team) from Velocity Systems, LLC of Dulles, VA in the amount of
$44,280.00 as a sole source purchase and to make payment from the State
Law Enforcement Trust Fund .
D. PROPOSED RESOLUTION NO. R12 -098 - Approve and authorize signing of
an Agreement for Water Service outside the City Limits with Chuck Wong and
Sou Mui Wong for the property at 1163 Highland Rd, Lantana, FL.
E. PROPOSED RESOLUTION NO. R12 -099 - Approve the temporary road
closing of Federal Highway on December 1, 2012 for the Holiday Parade and
authorize the City Manager (or designee) to apply for the state permit for the
temporary road closure.
F. PROPOSED RESOLUTION NO. R12 -100 - Accept the report from the
Affordable Housing Advisory Committee amending the City's Local Housing
Assistance Plan
G. Accept the written report to the Commission for purchases over $10,000 for the
month of August 2012.
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H. PROPOSED RESOLUTION NO. R12 -101 - Ratify the action of the South
Central Regional Wastewater Treatment and Disposal Board at their meeting
on August 16, 2012 and approve the Multi- jurisdictional Pretreatment
Agreement between South Central Regional Wastewater Treatment and
Disposal Board, the City of Delray Beach and the City of Boynton Beach.
I. Approve the minutes from the regular City Commission meeting held on
September 4, 2012
7. BIDS AND PURCHASES OVER $100,000
A. Approve Proposal by BRIT Insurance Group for Automobile Liability and
Property Insurance Program for FY 2012/2013 with Annual Premium of
$170,500.
8. CODE COMPLIANCE & LEGAL SETTLEMENTS
None
9. PUBLIC HEARING
7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
The City Commission will conduct these public hearings in its dual capacity
as Local Planning Agency and City Commission.
A. PROPOSED ORDINANCE NO. 12 -015 - FIRST READING - Approve the
historic designation application for the Audrey D. Gerger House located at 331
NW 1 st Avenue, Boynton Beach.
10. CITY MANAGER'S REPORT
None
11. UNFINISHED BUSINESS
A. Hear update on Old High School Redevelopment Project - Mr. Juan Contin
B. PROPOSED RESOLUTION NO. R12 -102 - Approve the ranking of proposers
identified by the Evaluation Committee from the responses received to the
Request for Proposals RFP #067 - 2110- 12/TWH "A POLICE DEPARTMENT
MANAGEMENT STUDY'; and approve agreement with Berkshire Advisors of
Bay Village, OH, for an amount not to exceed $59,000 (Including all fees and
expenses).
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12. NEW BUSINESS
A. Approve request from J & J Amusements for the Boynton Beach Mall Fall
Carnival. Applicant: Joe Sheldon.
13. LEGAL
A. PROPOSED ORDINANCE NO. 12 -016 - FIRST READING - Approve
amendments to the LDR intended to, in part, provide incentives to the
development of non - conforming industrial lots; promote more urban
development through clarification of build -to -line regulations; update historic
preservation processes; and enhance project and streetscape appearance
through various changes in community design regulations. Applicant: City -
initiated.
14. FUTURE AGENDA ITEMS
A. Review of staff recommendations for changes, deletions and additions to
Building division fees to reflect current services and updated costs. - October 2,
2012 Commission Meeting
B. Review of staff recommendations for changes, deletions and additions to
Planning & Zoning Department fees to reflect current services and updated
costs. - October 16, 2012, Commission Meeting
C. Scheduling of City Commission Workshop to discuss future of City Hall
Campus - TBD
15. BRAND PROMISE STATEMENT
"BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE
GULFSTREAM"
16. ADJOURNMENT
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY
MATTER CONSIDERED AT THIS MEETING, HE /SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR
SUCH PURPOSE, HE /SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE,
WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S.
286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN
INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A
SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE
(561) 742 -6060 AT LEAST TWENTY -FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE
CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE
CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE
CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK.
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2. A
OTHER
September 18, 2012
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: September 18, 2012
NATURE OF
AGENDA ITEM
❑
OPENINGS
❑
PUBLIC HEARING
®
OTHER
❑
CITY MANAGERS REPORT
El
ANNOUNCEMENTS /PRESENTATIONS
El
UNFINISHED BUSINESS
❑
ADMINISTRATIVE
❑
NEW BUSINESS
❑
CONSENTAGENDA
❑
LEGAL
❑
BIDS AND PURCHASES OVER $100,000
❑
FUTURE AGENDA ITEMS
❑
CODE COMPLIANCE AND LEGAL
SETTLEMENTS
REQUESTED ACTION BY CITY COMMISSION: Conduct this second Public Hearing for the Fiscal
Year 2012 -2013 Budget in order to:
1. Approve the addition of two (2) Community Service Officers to be budgeted in the Traffic
Safety Fund - Grade 10.
2. Provide conceptual approval for the addition of five (5) intersections designated by American
Traffic Solutions (ATS) and the Police Department Amendment to contract will be brought
forward to the Commission at a later date.
3. PROPOSED RESOLUTION NO. R12 -095 - Adopt the Final millage rate for the General Fund
for Fiscal Year 2012 -2013.
4. PROPOSED RESOLUTION NO. R12 -096 - Adopt the Final Budget for the General Fund and
all other funds for Fiscal Year 2012 -2013.
This is the second and final Budget Public Hearing for FINAL adoption of the millage
rate and operating budget for FY 2012 -2013. The first two items are needed prior to
budget adoption.
1. Approve the addition of two (2) Community Service Officers (CSO's). Commission
approval is needed for the addition of these positions in the Traffic Safety Fund.
The fiscal impact of this item is already included in the recommended budget.
Addition of the CSO's is to replace Police Traffic /Road Officers currently
responsible for reviewing and processing Red Light Camera Violations at
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approximately one half (1/2) the cost. See attached "White Paper on Status of
the Red Light Camera Program in Boynton Beach" on Page 3 noting a savings of
approximately $112,000 by replacing the Police Traffic /Road Officers with CSO's.
2. Approve the addition of Red Light Cameras at five (5) additional intersections.
Conceptual approval is needed to authorize the addition of five (5) intersections to our
Red Light Camera Program. See attached "White Paper on Status of the Red Light
Camera Program in Boynton Beach ". The addition of the cameras will allow us
to appropriate the transfer of $200,000 from the Traffic Safety Fund into the
General Fund Budget. A second amendment to the contract with ATS will be
brought back to the Commission at a future date.
3. Adopt the Millage Rate for the General Fund for Fiscal Year 2012 -2013. See
attached "wish list" of items for final discussion and consideration by the Commission.
4. Adopt the Final Budget for the General Fund and all other funds for Fiscal Year
2012 -2013. The procedure for adopting the millage rate and budget is established by
Section 200.065, Florida Statutes. The City of Boynton Beach customarily establishes its
millage rate and budget by the adoption of Resolutions. The attached Resolutions meet
the State requirements.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? By balancing the proposed budget
and adopting the Resolutions, the Commission provides the legal authority to
appropriate resources to carry out City programs and services for FY 2012 -2013.
FISCAL IMPACT: Currently, after the proposed appropriation of $3M General Fund unrestricted
fund balance (reserves) and after a number of Commission "wish list' items, potential
expenditure adjustments for further discussion, subsequent proposed revenue adjustments,
there is a budget surplus or deficit at alternate tax rates that requires resolution at this Final
Budget Public Hearing as noted on Exhibit A.
ALTERNATIVES:
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Manager
Commission
Roll
Back Rate
Proposed Rate
Alternative Rate
Tentative Rate
7.3016
7.6000
7.7000
7.8000
Total Ad Valorem Taxes Levied
$
26,974,000
$
28,077,000
$
28,446,000
$ 28,815,000
Less Tax Discounts on Taxes Levied
$
(944,000
$
(983,000
$
(996,000
$ (1,009,000
Net Tax Receipts
$
26,030,000
$
27,094,000
$
27,450,000
$ 27,806,000
Less Tax Increment to CRA @ 95%
$ (3,330,000)
$ (3,466,000)
$ (3,512,000)
$ (3,557,000)
Net Taxes to the City
$
22,700,000
$
23,628,000
$
23,938,000
$ 24,249,000
Tax Percen t I ncrease
0.0%
4.1%
5.5%
6.8%
Surplus or (Deficit) @Alternate Rates
$
(1,170,800)
$
(242,800)
$
68,200
$ 378,200
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RESOLUTION R12-
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA ADOPTING A FINAL MILLAGE RATE OF
MILLS FOR THE CITY'S GENERAL FUND FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 2012 AND ENDING
SEPTEMBER 30, 2013; PROVIDING THAT THE FINAL
MILLAGE RATE OF MILLS IS % ABOVE THE
ROLLED -BACK RATE OF 7.3016 MILLS; PROVIDING FOR
SEVERABILITY, CONFLICTS AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, a final budget has been reviewed and considered by the City of Boynton
Beach, Florida, for the ensuing year, with detailed information, including revenues to be
derived from sources other than ad valorem levy, and the administrative staff of the City has
made recommendations as to the amount necessary to be appropriated for the ensuing year;
and
WHEREAS, the City Commission has given notice of and conducted the public
hearings required by law and has considered the recommendations of staff and the comments
of the public, the suggested budget, and the proposed millage necessary to be levied to carry
on the government of the City for the ensuing year;
WHEREAS, the City of Boynton Beach, Florida, has followed the procedures as
outlined in Florida Statutes Section 200.065; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida hereby
adopts the final millage rate of for the General Fund. The final millage rate is %
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above the computed rolled -back rate of 7.3016.
Section 3. If any clause, section, or other part of this Resolution shall be held by
any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or
invalid part shall be considered as eliminated and shall in no way affect the validity of the other
provisions of this Resolution.
Section 4. All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Section 5. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this 18th day of September, 2012.
CITY OF BOYNTON BEACH, FLORIDA
Mayor — Woodrow L. Hay
Vice Mayor — Mack McCray
Commissioner —
Commissioner — Steven Holzman
Commissioner — Marlene Ross
ATTEST:
Janet M. Prainito, MMC
City Clerk
(corporate Seal)
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RESOLUTION R12-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, ADOPTING A FINAL BUDGET FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30,2013;
PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE.
WHEREAS, a tentative budget has been prepared by the Interim City Manager
estimating expenditures, transfers, and revenues of the City for the fiscal year 2012 -2013; and
WHEREAS, the Interim City Manager has made recommendations as to the amount
necessary to be appropriated for the fiscal year 2012 -2013; and
WHEREAS, the City Commission has conducted the public hearings to consider the
final budget, and the final millage necessary to be levied to carry on the government of the City
for the ensuing year;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. The City Commission of Boynton Beach, Florida, hereby adopts a final
budget and the appropriations set out therein for the fiscal year beginning October 1, 2012 and
ending September 30, 2013, to maintain and carry on the government of the City of Boynton
Beach, Florida.
Section 3. There is hereby appropriated the sum of $ to the General
Fund for the payment of operating expenditures, transfers to other funds, and necessary capital
outlays for the City Government pursuant to the terms of the above budget.
Section 4. That there is hereby appropriated the sum of $ 1,101,690 to the Local
Option Gas Tax Special Revenue Fund for the payment of operating expenditures, transfers
to other funds, and necessary capital outlays.
Section 5. That there is hereby appropriated the sum of $ 389,544 to the
Community Improvements Special Revenue Fund for the payment of operating
expenditures, transfers to other funds, and necessary capital outlays.
Section 6 . That there is hereby appropriated the sum of $ 115,097 to the Public
Arts Special Revenue Fund for the payment of operating expenditures, transfers to other
funds, and necessary capital outlays.
Section 7. That there is hereby appropriated the sum of $ 1,012,630 to the
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Recreation Program Special Revenue Fund for the payment of operating expenditures,
transfers to other funds, and necessary capital outlays.
Section 8. That there is hereby appropriated the sum of $ 334,875 to the Cemetery
Special Revenue Fund for the payment of operating expenditures, transfers to other funds, and
necessary capital outlays.
Section 9. That there is hereby appropriated the sum of $ 1,170,000 to
the Traffic Safety Special Revenue Fund for the payment of operating expenditures, transfers
to other funds, and necessary capital outlays.
Section 10. That there is hereby appropriated the sum of $ 8,987,265 to
the Public Service Tax Debt Service Fund for the purpose of payment operating
expenditures, transfers to other funds, and the principal and interest due on the public service
tax bonds of the City not subject to statutory exemptions and for redeeming such bonds as they
mature.
Section 11. That there is hereby appropriated the sum of $ 1,774,000 to the General
Capital Improvement Capital Projects Fund for the payment of transfers to other funds and
capital outlays pursuant to the terms of the above budget.
Section 12. That there is hereby appropriated the sum of $ 36,758,335 to the Water
and Sewer Utility Enterprise Fund for operating expenditures, debt service, transfers to other
funds, and necessary capital outlay.
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Section 13. That there is hereby appropriated the sum of $ 24,671,000 to the Water
and Sewer Utility Capital Improvement Enterprise Fund for the payment of capital outlays
pursuant to the terms of the above budget.
Section 14. That there is hereby appropriated the sum of $ 2,247,227 to the Golf
Course Enterprise Fund for operating expenditures, transfer to other funds, and necessary
capital outlays.
Section 15. That there is hereby appropriated the sum of $ 11,358,061 to the Solid
Waste Enterprise Fund for the payment of operating expenditures, transfers to other funds
and necessary capital outlays.
Section 16. That there is hereby appropriated the sum of $ 6,024,971 to the Fleet
Maintenance Internal Service Fund for the payment of operating expenditures, transfers to
other funds, and necessary capital outlays.
Section 17. That there is hereby appropriated the sum of $ 290,346 to the
Warehouse Internal Service Fund for the payment of operating expenditures, transfers to
other funds, and necessary capital outlays.
Section 18. That there is hereby appropriated the sum of $ 2,521,329 to the Self-
Insurance Internal Service Fund for the payment of operating expenditures, transfers to other
funds, and necessary capital outlays.
Section 19. The remaining fund balance at the completion of the FY 2011 -12 annual
audit of the terminated Fire Assessment Special Revenue Fund estimated to be
approximately $ 1,000,000 is hereby specifically appropriated for use of the General Fund.
Section 20. All delinquent taxes collected during the ensuing fiscal year as proceeds
from levies of operation millages of prior years are hereby specifically appropriated for the use
of the General Fund.
Section 21. If any clause, section or other part of this Resolution shall be held by any
court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or
invalid part shall be considered as eliminated and shall in no way affect the validity of the
remaining portions of this Resolution.
Section 22. All Resolutions or parts of Resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Section 23. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this 18 day of September, 2012.
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CITY OF BOYNTON BEACH, FLORIDA
Mayor — Woodrow L. Hay
Vice Mayor — Mack McCray
Commissioner —
Commissioner — Steven Holzman
Commissioner — Marlene Ross
ATTEST:
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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CITY OF BOYNTON BEACH
Exhibit A
GENERAL FUND BUDGET DEVELOPMENT
Budget Fiscal Year 2012 -2013
City Manager's Budget Proposal
Funding Expenditures Surplus
Sources (DiaHOU
City Manager's Total Proposed General Fund Budget (Millage Rate @ 7.6000) (i) $ 68,302,724 $ 68,302,724 $
Ex enditure Adjustments:
Ad r G 7.7— 0 - Ap(.rrr, iez: rIe 1 -J I --an.s Rite Increa :.. 14 s0 =i„ $ 545.000 (45,000' Commission Approved on September 4, 2012 (4 -0)
"Wish List" Potential Expenditure Adiustments:
Fats d£ r n s F4Ld& n
$ 306,009
I s 1 "a0.tl --rt}
1 ` t x:3.1:0(51
Comm ssion consensus on July 17, 2012
In - rave Litrr Bksr'ss F hlications - $4 1,
$
$ 42.000
a (7913.000;
Comm ssion consensus on July 17, 2012
--se City tt. II pnciai E.— it -luly 41h A,upraved t } CR,h hoard- 85,000
Incr
$ 200,000
y Y; x..000
`r (83'•.000..
City Manager proposal on August 27, 2012
In .,es City- Hall C:arrt: ee,- i o es f r P ,lke Porn, Study S40- 7€0,000
$ "t5,039
9 ii47.t18t9
$ (302,800)
Manager proposal on August 27, 2012
ft .d ce Libra y T. lephr.,nz. - {$1,700)
$ (70,000)
$ (i.78tP
y (II ?9.38(5}
Comm ssian consensus on July 17, 2012
Reduce City 7<- . - rnay - B€ro - 8� Pulslicafo ts - ($ 000)
$ 100,000
1 5 {1,000]
S (£'0 -300;
Comm ssion consensus on July 17, 2012
Red— City 1,11 Pr znctiz P7 n Meting 1 S atsr City - (5500j
$ 30,000
1 $ f.50id
( r;,8t pt
Commission consensus on July 17, 2012
Other Potential Expenditure Items Currently Included In Budget for Discussion:
Reduce Fire Dcpt. - Budgetnd W.9111", ne Pr ,r Cm t -t ($433,{ 00)
$ 306,009
$
a (£s". -800)
Subject to Collective Bargaining Agreement
Reduce t; itry 11,11 - Spacial Events - (T'1 5,00{;}
$
$
(37'..8001
Commission questioned reduction on July 17, 2012
R :.dace (:rty 13.11 Outer C +. 4 .tuei S'er .- ($10,€153(0
$ 200,000
$
(;3T7.£3801
Commission questioned reducton on July 17, 2012
Incrrease Vn B.Hdirrg pert h lFees ($75,000)
$ "t5,039
$ (302,800)
City Manager proposal on August 27, 2012
Decrease in Franchise Yaxas - Corracast
$ (70,000)
1
5 (£77.81;0)
Adjustment Received After Printing of Budget Document
Proposed Revenue & Fund Balance Transfer Adjustments:
Increase Fire Assessment Revenue Due to Increased Square Footage ($300,900)
$ 306,009
$ (577,800)
Adjustment Received After Printing of Budget Document
Reduce M! "age frond rAgr. Proposed 7.6000 to R.Ilbaclr 7,3016 (Loss of 5328.0(40)
$
$ (577,800)
Ircrease Found 'Crans In Froor 0156¢ Safety Fund ($200,000)
$ 200,000
$ (377,800)
City Manager proposal on July 17, 2012
Incrrease Vn B.Hdirrg pert h lFees ($75,000)
$ "t5,039
$ (302,800)
City Manager proposal on August 27, 2012
Decrease in Franchise Yaxas - Corracast
$ (70,000)
1
$ (372,800)
Adjustment Received After Printing of Budget Document
Ircrease On State Estimate oti Saves Fax
$ 100,000
$ (272,800)
Adjustment Received After Printing of Budget Document
Ircrease On Charges bor Sarvicrts - Intzarfocai Agraerne.. t d ypoluxa}
$ 30,000
$ (242,800)
Adjustment Received After Printing of Budget Document
$
$ (242,800)
$
$ (242,800)
Alternative Ad Valorem Millacre Rates:
Reduce MrHage fir— 1,1,r. Proposed 7.6000 to Current 7.1941 (Loss of $1.262,000)
$
$ (242,800)
Reduce M! "age frond rAgr. Proposed 7.6000 to R.Ilbaclr 7,3016 (Loss of 5328.0(40)
$
$ (242,800)
Ircrease Millage from Current 7.1941 0o Mgr. Protroosod 7.6000 QGen 0 $1,262,000)
(1) $
$ (242,800)
Ircrease Millage from Mgr. Proposed 1.6000 to 7.7000 (Gain of $31 G5)
$
$ (242,800)
Increase Millage froru¢ Mgr. Proposed 7.6000 to 7.0006 (Gain of $521,000)
1 1 $ 621,309
1
1 $ 378,200
ICommission Preliminary Approval on July 17, 2012 (3 -1)
Proposed General Fund Budget (Millage Rate @ 7.8000) 1 $ 69,558 $ 69,180 $ 378,200
Note (1): Already Included in Proposed General Fund Budget
s. F��a��e, a orz 2orse,op v xeswi�mara re. rates C4 P,�om��a,y mama vm„es �a or- 1912(ncolase-1nnai—a —;2012— PM
15 of 520
CITY OF BOYNTON BEACH
TRAFFIC SAFETY FUND
White Paper on Status of the Red Light Camera Program in Boynton Beach
Background
In 2010, The City Commission amended a contract with American Traffic Solutions
(ATS) for a red light enforcement program. After installation and testing of eleven (11)
cameras at four (4) intersections by ATS, drivers were given a 30 -day grace period
before infractions resulted in a fine beginning in May 2011 and the City's receipt of fines
beginning at the end of June 2011.
The primary purpose of the Red Light Camera Program (Program) is to reduce
accidents and perhaps even save lives. The fiscal results are secondary and depend on
an efficient operation of the Program. This paper recommends improved fiscal
efficiencies.
Safety Results of the Red Light Camera Program
Collision numbers declined significantly (58% overall) at the intersections where the
eleven (11) cameras are installed based on a review of the five months from July 1 to
November 30, 2011 compared to the same period of the prior year.
Intersection
Collisions - 5 Month
Period
Percent
Reduction
7/1/2010 to
11/30/2010
7/1/2011 to
11/30/2011
Congress Ave & W Boynton Beach Blvd
58%
40
17
Congress Ave & Woolbri ht Rd
59%
22
9
Congress Ave & Gateway Blvd
62%
42
16
Federal Hwy & SE 23rd Ave
25%
4
3
Total 5 -Month Decline
58%
108
45
With the very positive safety results, we need to (a) consider adding cameras to a
number of other accident prone intersections, (b) review the financial results of the
Traffic Safety Fund for this FY 2011 -12, (c) understand other fiscal impacts of the
Program, and (d) improve the fiscal efficiency and results related to the Program going
forward.
Addition of Five Cameras
ATS and the City have tested and reviewed approaches to additional intersections to
determine the feasibility of adding cameras. The results show that there were 56
violations per day (1,680 monthly) at the following five approaches to four intersections.
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Intersection
Approach
Direction
Daily
Violations
W Boynton Beach Blvd & NW 8th St
EB
8
NW 8th St & W Boynton Beach Blvd
SB
12
W Woolbr ht Rd & SW 8th St
EB
11
N Congress Ave & E Gateway Blvd
SB
12
E Boynton Beach Blvd & N Seacrest Blvd
EB
13
Total Violations Per Da 1,680 Monthl
56
FY 2011 -12 Projected Financial Results of the Program
The following illustrates the Traffic Safety Fund financial results for this fiscal year. It is
based on actual results through July plus a reasonable projection for August and
September; the last two months of FY 2011 -12.
Revenues:
Total Fines Received @ $158 $ 1,824,584
Less State Share @ $83 $ (956,896)
City Share @ $75 (47.5% of $158 Total) 867,688
Uniform Traffic Ticket (Directly from Court @ $75) 146,400
Total Fines Collected 1,014,088
Interest 219
Total Revenues 1,014,307
Expenditures:
Lease Payments to ATS @$4,750 Per Camera 627,000
Other costs, including ATS service fees 22,600
Total Expenditures 649,600
Excess of Revenues Over Expenditures 364,707
Transfers to the General Fund (300,000)
Fund Balance Increase $ 64,707
It is important to note that personnel services of the Police Department have not been
charged to this separate "Traffic Safety Fund ". This was a conscious decision when
developing the FY 2011 -12 budgets as we could not estimate the time it would take and
how many Officers would be required to administer and oversee the Program and what
resulting costs would be incurred.
Other Fiscal Impacts of the Program
While the financial results of the Traffic Safety Fund show positive results, other costs
were incurred by the Police Department in the General Fund that reduced the overall
financial results of the Program.
Since the Program is in its infancy, salaries and benefits of Officers were not formally
charged to the Traffic Safety Fund. As a result, the forgoing $64,707 positive financial
result does not reflect the full fiscal results of the Program.
Prior to the time that the Program entered its first year of operation in FY 2010 -11,
budget reductions eliminated four (4) Community Service Officers (CSO's). This
resulted in Police Officers taking full responsibility for the violation approval process.
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While all five (5) Traffic /Road Patrol Officers have access to the Red Light Camera
System, it only requires two (2) Officers at any given time. In addition, these same
Officers had to assume 100% responsibility for crash / traffic incidents that were
previously undertaken by the CSO's
Before a Notice of Violation and a Uniform Traffic Violation is issued for running a red
light, an Officer is required to review that the vehicle did indeed run the red light. Given
that this review is conducted by Police Traffic /Road Patrol Officers in lieu of Community
Service Officers, it resulted in the following negative fiscal impact.
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An analysis of the Officers' time concluded that it takes an average of approximately
75% of two (2) Officer's available time (after deducting authorized leave and
administrative time) to undertake:
o The Red Light Camera violation approval process (1,169 hours/ 1,600 available
hours = 73 %)
o The response to crash /traffic incidents (1,240/1,600 available hours= 77 %)
The following reflects the differential in the average total annual personnel service costs
that include base wages, other taxable and pensionable wages, annual required
contributions to pension plans, FICA and health benefits, but excluding any overtime.
$221,394 —Average Personnel Service Costs of two Traffic /Road Patrol Officers
$109,342 —Average Personnel Service Costs of two Community Service Officers
$112,032 — Total Added Cost Differential for two Positions
Also fiscally significant is that approximately $50,000 - $80,000 in fines are not received
for other infractions that has been reduced since the Traffic /Road Patrol Officers are
tasked with completing 100% of crashes /traffic incidents and also responsible for
processing red light camera violations.
Recommendations for FY 2012 -13
Moving forward with the Program and considering the positive safety results of the
eleven (11) cameras currently in place, it is recommended to add the five (5) additional
cameras next fiscal year.
Further, it is recommended that (2) Community Service Officers (CSO's) be added to
the Program at total personnel services costs of $110,000 ($55,000 each) including
base salary, overtime, pension costs, FICA and health insurance.
Adding the two (2) CSO's to the Program will relieve the Traffic /Road Patrol Officers
from 100% responsibility of the Program (thereby eliminating the above negative fiscal
impact of the Program) and it will enable the CSO's not only to be fully responsible for
the Program, but it will also allow them to respond to auto crashes and other road safety
measures currently performed by Traffic /Road Patrol Officers.
Considering the above recommendations and developing a budget for the Traffic Safety
Fund for next FY 2012 -13, the following assumptions are made:
Adding five (5) red light cameras at the recommended intersections
• The construction installation would be phased in and not begin to come on
line until the second half of the year after a grace period and become
operational as follows:
0 2 added cameras in April 2013
0 2 added cameras in June 2013
0 1 added camera in August 2013
The above schedule is considered when budgeting added revenues.
19 of 520
• Adding the two (2) CSO's at the very beginning of the FY 2012 -13
• Adding lease payments at $4,750 per camera per month according to the above
installation schedule.
• Transferring $200,000 of the excess of revenues over expenditures to the General
Fund.
The net result of the above assumptions and the recommended budget for the Traffic
Safety Fund for next FY 2012 -13 appears below.
FY 2012 -13 Recommended Budget for the Program
The following budget is based on the foregoing assumptions.
Revenues:
Total Fines Collected @ $158 Through ATS
Less State Share @ $83
City Share @ $75 (47.5% of Total $158)
Uniform Traffic Ticket (Directly From Court @ $75)
Total Fines Collected
Interest
Total Estimated Revenues
Expenditures:
Personnel Services:
CSO Full time cost (40 Hours Per Week)
Number of Recommended CSO's
Total Personnel Services
Payments to ATS:
Lease Payments @ $4,750 Per Camera
Other Costs, Including ATS Service fees
Total Expenditures
Transfers to General Fund
Total Expenditures & Transfers
Contingency
$ 2,094,000
(1,098,000)
996,000
174,000
1,170,000
$ 1,170,000
55,000
2
110,000
731,500
35,000
$ 876,500
$ 200,000
$ 1,076,500
$ 93,500
20 of 520
ATTACHMENT 4
I A P - I
Ray Carter, Fire Chief
Boynton Beach Fire Rescue Deparbnent
2080fthRidgeRd
Boynton Beach, Florida 33426
6 A
-6339
% Phone: (561) 742
A - F (561) 742-6334
X.
E-mail: carterr@bbfl.us
Fur 1�4 I 1 JAI
U
Date: August 20, 2012
To: Lon LaVerriere, Intenm City Manager
From: Ray Carter, Fire Chief
K'e: Station #1 Service Delivery Impact
���{ "fR
g
11 IN ' W "I'lIllii I a .1 o I I
times, personnel costs, ISO Rating and revenue collection.
Our current ISO Community Rating is a 2 (scale of 1 — 10 with I being the best) which affords use
significantly lower insurance rates for both commercial and residential insurance rates. The closing of
station #1 would most likely result in lowering our rating to a 3 which is what it was before we built
gen all of our new stations. We miaht be able to maintain a 2 if we were to fully staff our 100'
increase and some residential units increasing less.
America's Gateway to the Guystream
21 of 520
WSM
decide to take this action, the Fire Rescue Department will continue to deliver die highest quality
the budget set forth by the City Commission.
AmeHca's Gateway to the Guy'stream
22 of 520
DEPARTMENT OF DEVELOPMENT
Memorandum
DD 12 -012
TO: Lori LaVerriere, Interim City Manager
FROM: Nancy Byrne, Director of Development
DATE: September 12, 2012
RE: Downtown Economic Development — The role of Fire Station 1
Recent real estate market condition show a consistent upswing in the residential rental market, which
coincides with the long -term vision for the downtown area in the form of high intensity /density
developments, supported by the redevelopment plans, the mixed -use zoning district regulations,
availability of land, and now the pending addition of passenger rail service to the FEC Railroad
corridor. Such development (i.e. height and density) is distinctive in the City and requires a unique set
of public services, namely quickly - available fire and emergency medical response services.
With several large sites ready for development in the immediate area of Federal Highway and Ocean
Avenue (i.e. the former Bank of America parcel at the northeast corner and the former Arches site at
the southwest corner), and considering the high potential for assembly of vacant parcels just to the
west of the proposed train station, the potential for development with Mixed -use High zoning is very
likely. Examples of this intensity /density include the Marina and Promenade projects. Many
marginally - developed properties remain throughout the downtown area and are appropriate for larger -
scale, mass transit - oriented retail and residential uses. Economic opportunity in the form of tax
increment financing to accelerate development of these parcels is greatly enhanced by their
prominent location within the Community Redevelopment Area.
As for the pending changes to the transportation service to the downtown area, regional studies, and
most recently local break -off studies continue to plan for the FEC Railroad to accommodate
passenger rail service. As mobility options increase, and traffic congestion increases on 1 -95 and
east/west arterials, the downtown will better support the development for living and activity centers. In
fact, City Development staff, in partnership with the CRA and Treasure Coast Regional Planning
Council ( TCRPC) are currently undertaking a study through a TCRCP grant, to identify opportunities
for the creation of Transit Oriented Developments (TOD's) around the City's major rail areas. A key
component of the downtown study area portion is the very real potential for a passenger train stop to
be located on the existing FEC tracks, between Boynton Beach Boulevard south toward Ocean
Avenue, extending parallel along NE 4 th Street.
As a key component of these study discussions, the primary TOD locations have been identified as
being served by Fire Station 1. That station's close proximity to the projected population
concentrations is significant in the redevelopment effort. In addition to serving the conventional
residential single - family developments in the surrounding area, Fire Station 1 is uniquely equipped to
handle the high -rise / high density profile of Mixed -use High developments (150 feet high or up to 15
stories with 80 dwelling units per acre). In consensus with our planning partners, maintaining a fire
station in the downtown core is critical in attracting and supporting this level of development.
Staff respectfully requests to include an item for discussion with the City Commission during their
upcoming October workshop, on why retaining a Fire Station presence in the downtown core is of
economic importance in encouraging new development.
CADocuments and Settings \pylej \Local Settings \Temporary Internet Files \0LKAB \12 -012 LaVerriere - Downtown Fire Station Econ
Dev.doc
LIBRARY COST ESTIMATES
RE- OPENING 1/2 DAY ON FRIDAYS
MINIMAL STAFF LEVELS
FROM 1 PM -5PM
Addt'I
Hours
Police Security(1 -5pm) Per Year
TOTAL EST. COSTS
$11,440
$75,099
24 of 520
Worked
Annual
Social
Hourly Rate
per Year
Salary
Security
Total
Staff Increases
Library Aide- Part Time
$14.2252
208
$
2,958.84
$
226.35
$3,185.19
Library Aide- Part Time
$14.2252
208
$
2,958.84
$
226.35
$3,185.19
Library Aide- Part Time
$14.2252
208
$
2,958.84
$
226.35
$3,185.19
Library Aide- Part Time
$14.2252
208
$
2,958.84
$
226.35
$3,185.19
Library Page- Part Time
$10.6433
208
$
2,213.81
$
169.36
$2,383.16
Divison Head Supervisor
$24.9674
208
$
5,193.22
$
397.28
$5,590.50
Ref Librarian - Part Time
$21.3875
208
$
4,448.60
$
340.32
$4,788.92
Ref Librarian - Part Time
$21.3875
208
$
4,448.60
$
340.32
$4,788.92
Youth Librarian Overtime
$34.1514
208
$
7,103.49
$
543.42
$7,646.91
Youth Program Asst. OT
$28.4916
208
$
5,926.25
$
453.36
$6,379.61
Library Tech Overtime
$27.3100
208
$
5,680.48
$
434.56
$6,115.04
Electricity Per Year
$8,025
Custodial Per Year
$5,200
Police Security(1 -5pm) Per Year
TOTAL EST. COSTS
$11,440
$75,099
24 of 520
2. B
OTHER
September 18, 2012
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: September 18, 2012
NATURE OF
AGENDA ITEM
❑
OPENINGS
❑
PUBLIC HEARING
®
OTHER
❑
CITY MANAGERS REPORT
El
ANNOUNCEMENTS /PRESENTATIONS
El
UNFINISHED BUSINESS
❑
ADMINISTRATIVE
❑
NEW BUSINESS
❑
CONSENTAGENDA
❑
LEGAL
❑
BIDS AND PURCHASES OVER $100,000
❑
FUTURE AGENDA ITEMS
❑
CODE COMPLIANCE AND LEGAL
SETTLEMENTS
REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R12 -097 -
Ratification by City Commission of the Boynton Beach Community Redevelopment Agency
(CRA) annual budget for fiscal year 2012 -2013.
EXPLANATION OF REQUEST: The Community Redevelopment Agency is a Special
District created by the City Commission. Florida Statute requires that the budget of
special districts be contained with in the general budget of the local governing authority
and clearly stated as a budget of the dependent district. The Community
Redevelopment Agency approved their proposed budget at its September 11, 2012
meeting. The attached resolution completes the annual process of accepting and
approving the CRA budget.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A
FISCAL IMPACT: None
ALTERNATIVES: None
25 of 520
RESOLUTION R12-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA RATIFYING THE 2012-
2013 ANNUAL BUDGET FOR THE BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Boynton Beach Community Redevelopment Agency was created by
Ordinance of the City Commission pursuant to Chapter 163, Florida Statutes. The
Redevelopment Agency has been designated a Florida Special District; and
WHEREAS, Florida Statutes 189.418 provides that the proposed budget of a dependent
special district, with the concurrence of the local governing authority, may be budgeted
separately; and
WHEREAS, a local governing authority may, in its discretion, review the budget or tax
levy of any special district located solely within its boundaries; and
WHEREAS, a final budget of the Boynton Beach Community Redevelopment Agency
has been reviewed and considered by the City Commission for the ensuing year, with detailed
information, and the administrative staff of the City has made recommendations as to the
amount necessary to be appropriated for the ensuing year.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida hereby
ratifies the adoption of the Boynton Beach Community Redevelopment Agency's 2012 -2013
26 of 520
Annual Budget.
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this day of September, 2012.
CITY OF BOYNTON BEACH, FLORIDA
Mayor — Woodrow L. Hay
Vice Mayor — Mack McCray
Commissioner —
Commissioner — Steven Holzman
Commissioner — Marlene Ross
ATTEST:
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
27 of 520
PIM"ke I * a a am' , � m
710 Forth Federal Highway Tel: 561- 737 -3256
Boynton Beach, FL 33435 Fax: 561- 737 -3258
28 of 520
Y NT;(,") N'
B EAC'!." H (ice
N%mo- RA
Operating Budget
FY 2012 - 2013
Last Revised: 9/0412012
I Cl I M-,
Pages
Budget Overview A -T
General Fund 1-14
'rroject Fund 15-19
Debt Service Fund 20-22
29 of 520
BOYNTON BEACH CRA
Revenues - FY 2012-2013
Tax Increment Revenue
Other Sources of Revenue
Marina
Rollover Appropriation
General Fund - Fund Balance Allocation
Total Revenue Sources
• I Increase/(Decrease)
FY 2011-2012 FY 2012-2013 1 Amount I %
$ 5,730,000 $ 5,400,000 $ (330,000) _6%
$ 1,103,276 $ 1,000,000 $ (103,276) -9%
$ 300,000 $ 25,000 $ (275,000) -92%
$ 520,000 $ 300,000 $ (220,000) -42%
$ 7,653,276 $ 6,726,000 $ (928,276) -12%
Assumptions:
1. Assessed valuations based on Property Appraiser
data delivered 07102/2012
2. City and County millage rates remain same
3. TIF revenue FY 12-13 reduced by 1% true-up
4. Marina rents remain flat.
5. FY 2012-2013 Fund Balance/Rollover Components:
a. $26,000 unused Contingency in General Fund - FY 2011-2012
b. $300,000 General Fund - Fund Balance allocation
IF- 0 1111
30 of 520
BOYNTON BEACH CRA
Funding Available for Projects - FY 2012-2013
Revenues - Estimated $ 6,725,000
Less:
Debt Service $ 2,112,150 (a)
$
1,678,911
$
1,000,000
Projects Funded Through Bonds
$
390,000
(Year 3 of 10)
$
32,000
(Year I of 10)
$
22,500
(Year 2 of 4)
$
45,000
(Year 1 of 10)
$
6,393,700
22%
$
5,280,561
1,389,493
5%
New Project Revenue $ 1,444,439
(a) Fund Balance Allocation in Debt Service Fund
of $400,000 to be
applied towards debt service payments in FY 2012-2013.
Projects Funded Through Bonds
Boynton Beach Blvd Ext[Promenade Walkway
$
10,022,149
34%
Property Acquisitions
$
11,485,686
39%
Marina Purchase
$
6,393,700
22%
Housing Assistance
$
1,389,493
5%
Economic Development
$
320,648
1%
Total
$
29,611,676
100%
31 of 520
BOYNTON BEACH CRA
Project Fund Revenue & Potential Projects
Revenue for New Projects $ 1,444,439
Project Fund - Rollover Reallocations (see below) $ 250,000 (a)
Total $ 1,694,439
Proiect Estimated Cost
Special Events
$
254,500
Legal Work - Project Fund
$
45,000
Realtor Training in Historic Preservation
$
1,500
Development of Phase 2 Marina
$
815,855
Design & Engineering
$
50,000
Site Work & Demolition
$
50,000
Economic Development Grants
$
185
Marketing Program for Merchants
$
75,000
$
-
Parking Redevelopment Planning - 1st & 1st and 4th
$
217,584
$
-
Total for New Projects $ 1,694,439
(a} Project Fund Reallocations
• $100,000 - Ruth Jones Interior Balance Remaining
• $150,000 - Magnuson House (total $336,795: $150,000 to be reallocated and $186,795
will remain in line item for Magnuson House)
-C-
32 of 520
CAPITAL iMPROVEMENT PLAN
Expenditures & Budget to
Encumbrances Rollover 2012.2013
6 186,638 $ 100,000
S:II
•Phase 2 -Harbor Master Bldg,
I I
$ 615,855
Fuel Station Relocation, Site Work $ 1,600,000 _ $ $
S
$ 484,145
S
• Reallocated from Phase 1 -B (Old
$ 96,134
Dive Shop Area
$ 217,484
$1,849,372
$ 300,000
Total Phase 2
(a) $100,000 budget rollover reallocated to other redevelopment projects in FY 2012.2013
(b) $150,000 of budget rollover reallocated to other redevelopment projects in FY 2012 -2013
(c) $484,145 reallocated to Marina Phase 2. Approved by CRA Board 812212012.
r
i S I (c)
I I
$ 615,855
$ 300,000
$ 484,145
$1,300,000
$ 96,134
$ 217,484
$1,849,372
$ 300,000
33 of 520
BOYNTON
FY 0
SPECIAL EVENTS
PROPOSED
2012/2013 PROPOSED EVENTS DATE BUDGET
HOLIDAY EXTRAVAGANZA
PARADE $20,000
TREE & DECORATIONS Saturday, December 1, 2012 $20,000
CONCERT $60,000
Holiday Event Total $100,000
HOLIDAY BOAT PARADE $11,000
Boynton Harbor Marina Friday, December T 2012
MOVIES ON THE AVE .Friday. January 4. 2013 +February 1, 2013 •March $15,000
Ocean Avenue Amphitheatre 1, 2013 •A nl 5, 2013 sMay 3 2013
OCEAN AVENUE CONCERT SERIES +Friday, January 18,, 2013 oFebruary 15 2013 $15,000
Ocean Avenue Amphitheatre •March 15 2013 +April 19 2013 Way 17. 2013
•Sunday's in October & November. 2012 *January,
OCEAN AVENUE PARK February, March, April, May, June $7,500
SUNDAY CONCERTS 2013
BOYNTON BEACH HAUNTED
PIRATE FEST Saturday '& Sunday October 26 & 27 2013 $77,500
Ocean Avenue
COMMUNITY FARMERS MARKET Every Saturday $3,500
KINETIC SYMPOSIUM February 8 - 10. 2013 $5,000
TOTAL COST OF EVENTS $254,500
-E-
34 of 520
BOYNTON BEACH CRA
TIF ESTIMATE - FY 2012 -2013
As of: 08/03/2012
Source: Property Appraiser 6128/12 A FY71 -12 Certified
V
FY 2011.2012 FY 2072 -2013
ASSESSED VALUES 1 $ 815,476,9001 Chg. from Prior Year -3.1%
Current Year
2011 Assessed Values $ 815,476,900
Less Base Year Value $ 309,821,849
TIF Taxable Value $ 505,655,051
95% of Difference
Applied to Millage
$ 480,372,298
Millage Rates
City
County
7.1941
4.7815
Tax Increment Revenue
City $ 3,455,846
County $ 2,296,900
Sub -Total
1 % for True -Up
Net TIF $ 5,752,746
Change from Prev. Yew
Amount
%
Potential Additional Revenue
to CRA if City Millage Increases ► $ 50,000 $ 185,000 $ 275,000
iE
35 of 520
FY 2012 -2013 Estimates
$ 789,908,428
$
789,908,428
$ 789,908,428
$ 789,908,428
309,821,849
309,821,849
309,821,849
309,821,849
480,086,579
480,086,579
480,085,579
480,086,579
$ 456,082,250
$
456,082,250
$ 456,082,250
$ 456,082,250
Millage Scenarios
No Change
City= Rollback
CIty =7.6
City =7.8
city & Ct .
County
Ct . Flat
Cty. Flat
7.1941
7.3058
7.6000
7.8000
4.7815
4.7815
4.7815
4.7815
$ 3,281,101
-5% $
3,332,046 -4%
$ 3,466,225 0%
$ 3,557,442 3%
$ 2,180,757
-5% $
2,180,757 -5%
$ 2,180,757 -5% $ 2,160,757 -5%
$ 5,461,859
$
5,512,803
$ 5,646,982
$ 5,738,199
$ 54,619
$
55,128
$ 56,470
$ 57,382
S 5,400,000
$
5,450,000
$ 5,585,000
$ 5,675,000
Budgeted
FY 12 -13'
r
$ (352,746)
$
(302,747)
$ (167,747)
$ (77,747)
-6.1%
-5.3%
.2.9%
-1.4%
Potential Additional Revenue
to CRA if City Millage Increases ► $ 50,000 $ 185,000 $ 275,000
iE
35 of 520
BOYNTON BEACH CRA - GENERAL FUND
FUND BALANCE ANALYSIS
Fund Balance 9/30111 - Unassigned
Less:
596,910
1. Luchey Properties Purchase for Sara Sims Park - Approved
by CRA Board 6/12/12 $ 140,000
2. Fund Balance Allocation for FY 2012 -2013 Budget $ (300,000)
Estimated Unassigned Fund Balance as of 9/30/12 $ 156,910
-G-
36 of 520
Boynton Beach CRA
General Fund - Budget Summary
W
O
h
Cn
N
O
FY 2011 -2012
•
Proposed vs. 2012 -2012
i FY 2012-2013 Proposed
EXPENSES _J
Original
FY 2011- 2012
130,150
2012.2013
Proposed vs. 2012 -2012
235,000
Original
Amended
Bud et
Proposed
Increase/ Decrease
REVENUES I
Budget
I Budget I
Estimate
Budget
Amount I
%
Tax Increment Revenue (T.I.F.)
$5,510,000
$5,730,000
$5,752,745 $
5,400,000
$ (330,000)
-6%
Marina Rents & Fuel Sales
1,103,276
1,103,276
1,000,000
1,000,000
$ (103,276)
-9%
Rollover- FY 2008 -2009
200,000
200,000
200,000
-
$ (200,000)
-100%
Rollover - FY 2010 -2011
100,000
100,000
100,000
-
$ (100,000)
-100%
Rollover- FY 2011 -2012
-
-
-
25,000
$ 25,000
100%
General Fund Balance Allocation
380,000
380,000
380,000
300,000
$ (80,000)
-21%
Fund Balance Allocation
-
140,000
140,000
161,921
$ (140,000)
-100%
Total Revenues
$7,293,276
$7,653,276
$7,572,745 $
6,725,000
$ {928,276)
-12%
W
O
h
Cn
N
O
Other GF Expenses
FY 2011 -2012
2012 -2013
Proposed vs. 2012 -2012
i FY 2012-2013 Proposed
EXPENSES _J
Original
Amended
I I
130,150
Proposed
Increase/ Decrease
235,000
Department Components
Detxartment ame
Bud et
Budget
Estimate
Bud et
Amount r
%
I Personnel I OE2ratIn
$ (36,104) -9%
CRA Board
$ 22,010
$ 22,010
$ 19,000 $
22,250
$ 240
1%
$ - $
22,250
Staff Overhead
44,950
$ (4,400) -9%
Contingency
25,000
25,000
-
25,000
$ 0%
Executive Department
233,594
233,594
233,721
244,661
$ 11,067
5%
222,801
21,860
Finance Department
207,176
207,176
204,766
215,441
$ 8,265
4%
202,441
13,000
Planning Department
114,958
114,958
114,488
188,892
$ 73,934
6490
173,852
15,040
Marketing & Business Devi.
162,546
162,546
161,921
141,185
$ (21,360)
-13% !''
94,365
46,820
Special Events Department
136,439
136,439
135,119
100,781
$ (35,657)
-26%''
90,091
10,690
Sub -Total
854.712
854.712
890 -014
R9nAM
_"AR aarr
a c
= 724 R44
4n7 A4n
Other GF Expenses
Insurances
109,150
109,150
96,650
130,150
$ 21,000 19%
Professional Services
235,000
235,000
192,000
220,000
$ (15,000) -6%
Buildings & Grounds
381,704
381,704
326,604
345,600
$ (36,104) -9%
Marina Operations
1,103,276
1,103,276
1,000,000
1,000,000
$ (103,276) -9%
Information Technology
49,350
49,350
49,350
44,950
$ (4,400) -9%
Contingency
25,000
25,000
-
25,000
$ 0%
Sub4otal
1,903,480
1,903,480
1,664,604
1,765,700
(137,780) -7%
Total GF Operating
$ 2,780,202
$2,780,202
$2,533,618 $
2,678,911
$ (101,291) -4%
Oseratina Transfers Out
Transfer to Debt Service Fund
2,513,513
2,513,513
2,513,513
- 59$fi1
_ 21121 50
Transfer to Project
1,999,561
$2,359,561
2,32,3
1,933,939
I by$220,000app byCRA rdi0/ii /iito
Sub -Total
54,513,OT4
$4,873,074
S4873,074 S
4,046,089
final millage rates
Increased by $140,000 approved by CRA Board 6 /12/12foT
Total General Fund Expenses &
purchase of Luchey Properties
Transfers Out
$7,293,276
$7,653,276
$7,406,692 $
6,725,000
Page 1
General Fund
Y
$
2,700
$ 2,700
CRA BOARD
FY 2011
-2012
FY 2012 -2013
225 1 CONFERENCES, MEETINGS & SEMINARS
Dept. 51010
8,250
$ 5,000
Original
ABC's of CRAB
Florida Redevelopment Association
BoardTraining Workshops
Proposed
Change Incr /(Deer)
$
$ 5,000
$
SUMMARY
2:27 DELIVERY SERVICES
Budget
Estimate
Budget
Amount
%
200
CONTRACTUAL EXPENSES
$
8,500
$ 8,500
$ 8,500
$
0%
216
PUBLIC NOTICES
$
2,700
$ 2,700
$ 2.700
$
0%
225
CONFERENCES, MEETINGS & SEMINARS
$
8,250
$ 5,000
$ B,250
$
0%
227
DELIVERY SERVICES
$
500
$ 500
$ 500
$
0%
310
OFFICE SUPPLIES
$
500
$ 500
$ 500
$
0%
340
CELLULAR PHONES
$
1,560
$ 1,800
$ 1,800
$ 240
15 ° 10
$
22,010
$ 19,000
$ 22,250
1 $ 240
1%
204I CONTRACTUAL EXPENSES $ 8 1 500 $ 6,5110 $ 8,5110
Minutes for Board & Special Meetings - City Staff Costs $ 8,500 $ 8,500 $ 8,500
216 1 PUBLIC NOTICES
Board Meeting & Legal Notices
$
2,700
$ 2,700
$ 2,700
225 1 CONFERENCES, MEETINGS & SEMINARS
$
8,250
$ 5,000
$ 8,250
ABC's of CRAB
Florida Redevelopment Association
BoardTraining Workshops
$
$
$
250
7,000
1,000
$
$ 5,000
$
$ 250
$ 7,000
$ 1,000
2:27 DELIVERY SERVICES
$
500
$ 500
$ 500
310 OFFICE SUPPLIES
$
500
$ 500
$ 500
40 CELLULAR PHONES
$
1,560
$ 1,800
$ 1,800
Page 2
38 of 520
General Fund
EXECUTIVE DEPARTMENT
FY 2011 -2012
•
FY 2012.2013
115,000
$
Dept. 51230
Administrative Services Manager
Original
Budget
Estimate
Proposed Proposed
Budget
Cha Incr1(Decr)
$
SUMMARY
Amount
%
100
$
PERSONNEL SERVICES
$ 211,974
$ 7,000
$ 4,310
$ 1,000
$ 2,000
$ 1,500
$ 3,000
$ 900
$ 410
$ 500
$ 1,000
$ 211,974
$ 7,000
$ 4,310
$ 1,000
$ 2,000
$ 1,500
$ 3,000
$ 1,020
$ 417
$ 500
$ 1,000
$ 222,801
$ 7,000
$ 4,310
$ 1,000
$ 2,000
$ 1,500
$ 3,000
$ 1,020
$ 530
$ 500
$ 1,000
$ 10,827
$ -
$
$
$
$
$
$ 120
$ 120
$ -
$ -
5%
0%
0%
0%
D%
0%
D%
13°%
29%
0%
0%
225
CONFERENCES, MEETINGS & SEMINARS
226
MEMBERSHIP DUES
227
DELIVERY SERVICES
229
CAREER DEVELOPMENT
310
OFFICE SUPPLIES
315
POSTAGE
340
CELLULAR PHONE
355
SUBSCRIPTIONS
360
BOOK & PUBLICATIONS
400
EQUIPMENT COSTS
17,012
DETAIL
$ 233,594
$ 233,721
$ 244,661
$ 11,067
5%
Salaries - Executive Director
$
115,000
$
115,000
$
115,000
Administrative Services Manager
$
51,500
$
51,500
$
51,500
Benefits - Health
$
13,920
$
13,920
$
16,704
Dental
$
720
$
720
$
756
Vision
$
96
$
96
$
100
Life & Long Term Disability
$
988
$
988
$
1,028
Retirement Benefits
$
17,012
$
17,012
$
24,975
FICA Taxes
$
12,738
$
12,738
$
12,736
225 CONFERENCES, MEETINGS & SEMINARS
$
7,000
$
7,000
$
7,000
Regional - Local Meetings
$
1,500
$
1,500
$
1,500
National Conference
$
2,000
$
2,000
$
2,000
State Conference
$
1,500
$
1,500
$
1,500
Mileage
$
2,000
$
2,000
$
2,000
226 MEMBERSHIP DUES
$
4,310
$
4,310
$
4,310
Urban Land Institute
$
600
$
600
$
600
American Planning Association (APA)
$
810
$
810
$
810
Florida Redevelopment Association _
$
1,000
$
1,000
$
1,000
American Institute of Planners (AICP)
$
500
$
500
$
500
Business Development Board
$
1,000
$
1,000
$
1,000
Chamber of Commerce
$
400
$
400
$
400
227 DELIVERYSERVICES
$
1
$
1,000
$
1,000
Florida Redevelopment Association Certification
$
1,000
$ 1
$ 1,000
31,11 OFFICE SUPPLIES
$
1,500
$ 1,500
$ 1,500
315 POSTAGE
$
3,000
$ 3,000
$ 3,000
340 CELLULAR PHONES
$
900
$ 1,020
$ 1,020
South Florida Business Journal
$
110
$ 117
$ 130
Downtown Promotions
$
100
$ 100
$ 150
360 BOOK & PUBLICATIONS
$
500
$ 500
$ 500
400 EQUIPMENT COSTS
$
1,000
$ 1,000
$ 1,000
Page 3
39 of 520
ever I Fund
FINANCE
FY 2011 -2012
V
FY 2012 -2013
$
1110 PERSONNEL SERVICES
Dept. 51325
$ 192,441
Original
Budget
Estimate
Proposed
Budget
Change Incr
/(Decry
SUMMARY
Amount
%
100
1
PERSONNEL SERVICES
CONTRACTUAL EXPENSES
BANK FEES
CONFERENCES, MEETINGS & SEMINARS
MEMBERSHIP DUES
DELIVERY SERVICES
CAREER DEVELOPMENT
OFFICE SUPPLIES
CELLULAR PHONE
SUBSCRIPTIONS
BOOK & PUBLICATIONS
OFFICE PRINTING COSTS
$ 192,441
$ 175
$ 4,000
$ 2,000
$ 620
$ 500
$ 3,000
$ 2,000
$ 540
$ 1,100
$ 500
$ 300
$ 192,441
$ 175
$ 2,000
$ 1,650
$ 620
$ 500
$ 2,700
$ 2,000
$ 780
$ 1,100
$ 500
$ 300
$ 202.441
$ 200
$ 2,000
$ 2,000
$ 620
$ 500
$ 3,000
$ 2,000
$ 780
$ 1,100
$ 500
$ 300
$ 10,000
$ 25
$ (2,000)
$
$
$
$
$
$ 240
$ -
$
$
5%
14%
-50%
0%
0%
0%
0%
0%
44%
0%
0%
0%
200
201
225
226
227
229
310
340
355
360
365
$
947
$ 207,176
$ 204,766
$ 215,441
$ 8,265
4%
DETAIL
CONTRACTUAL EXPENSES
$
175
$
1110 PERSONNEL SERVICES
$ 192,441
$ 192,441
$ 202,441
Salaries - Finance Director
$
85,964
$ 85,964
$ 85,964
Finance Assistant
$
64,000
$ 64,000
$ 64,000
Benefits - Health
$
13,920
$ 13,920
$ 16,704
Dental
$
720
$ 720
$ 756
Vision
$
96
$ 96
$ 100
Life & Long Term Disability
$
947
$ 947
$ 951
Retirement Benefits
$
15,322
$ 15,322
$ 22,495
FICA Taxes
$
11,472
$ 11,472
$ 11,472
200
CONTRACTUAL EXPENSES
$
175
$
175
$
200
Dept. of Community Affairs
$
175
$
175
$
200
201
BANK FEES
$
4,000
$
2,000
$
2,000
225
CONFERENCES, MEETINGS & SEMINARS
$
2,000
$
1,650
$
2,000
Regional -Local Meetings
Mileage
Budget Workshop
$
$
$
500
500
1,000
$
$
$
500
400
750
$
$
$
500
500
1,000
225
MEMBERSHIP DUES
$
620
$
620
$
620
Florida Government Finance Officers Association
Government Finance Officers Association
$
$
300
320
$
$
300
320
$
$
300
320
227
DELIVERY SERVICES
$
500
$
500
$
500
229
CAREER DEVELOPMENT
$
3,000
$
2,700
$
3,000
Government Finance Officers Continuing Education
$
3,000
$
2,700
$
3,000
310
OFFICE SUPPLIES
$
2,000
$
2,000
$
2,000
340
CELLULAR PHONES
$
540
$
780
$
780
355
SUBSCRIPTIONS
$
1,100
$
1,100
$
1,100
Financial Reporting Agencies
$
1,100
$
1,100
$
1,100
,# "
I BOOK & PUBLICATIONS
$
500
$
500
$
500
355
1 OFFICE PRINTING COSTS
$
300
$
300
$
300
Blank Check Stock, 1099 Forms
$
300
$
300
$
300
Page 4
40 of 520
General Fun
PLANNING
FY 2011 -2012
v
FY 2012 -2013
$ 5,320
PERSONNEL SERVCES
Dept. 51440
$ 103,318
Original
Budget I
Estimate
Proposed
Budget
Change Incrl(Decr)
$ 80,983
SUMMARY
I Amount
%
100
$ -
PERSONNEL SERVICES
CONFERENCES, MEETINGS & SEMINARS
MEMBERSHIP DUES
DELIVERY SERVICES
CAREER DEVELOPMENT
OFFICE SUPPLIES
CELLULAR PHONE
BOOK & PUBLICATIONS
OFFICE PRINTING COSTS
$ 103,318
$ 5,320
$ 1,000
$ 300
$ 1,000
$ 1,500
$ 720
$ 300
$ 1,500
$ 103,318
$ 4,650
$ 1,000
$ 300
$ 1,000
$ 1,5D0
$ 720
$ -
$ 2,000
$ 173,852
$ 5,320
$ 1,000
$ 300
$ 2,500
$ 1,500
$ 1,620
$ 3D0
$ 2,500
$ 70,534
$ -
$
$
$ 1,500
$ -
$ 900
$ -
$ 1,000
68%
0%
0%
0%
150%
0%
125%
0%
67%
225
226
227
229
310
340
360
365
$ 48
$ 100
$ 114,958
$ 114,488
$ 188.892
$ 73,934
64%
DETAIL
$
5,320
$ 4,650
$ 5,320
PERSONNEL SERVCES
$ 103,318
$ 103,318
$ 173,552
Development Director
$
80,983
$ 80,983
$ 80,983
Economic Development Assistant
$
-
$ -
$ 45,760
Benefits - Health
$
6,960
$ 6,960
$ 16,704
Dental
$
360
$ 360
$ 756
w
Vision
$
48
$ 48
$ 100
Life & Long Term Disability
$
498
$ 498
$ 842
Retirement Benefits
$
8,274
$ 8,274
$ 19,011
FICA Taxes
$
6,195
$ 6,195
$ 9,696
225 1 CONFERENCES, MEETINGS & SEMINARS
$
5,320
$ 4,650
$ 5,320
Planning & Community Workshops
Economic Development Meetings
Regional -Local Meetings
Mileage
$
$
$
$
2,500
1,000
500
1,320
$ 2,000
$ 1,000
$ 450
$ 1,200
$ 2,500
$ 1,000
$ 500
$ 1,320
226 MEMBERSHIP DUES
$
1,000
$ 1 ,000
$ 1,000
Multiple Listing Service & Realtors Association
$
1,000
$ 1,000
$ 1,000
227 1 DELIVERY SERVICES
$
300
$ 300
$ 300
Page 5
41 of 520
Web Training /Certification
$
-
$ -
$
1,000
310
OFFICE SUPPLIES
$
1,500
$ 1,500
$
1
340
CELLULAR PHONES
$
720
$ 720
$
1,620
360
BOOK & PUBLICATIONS
$
300
$ -
$
300
365
OFFICE PRINTING COSTS
$
1,500
$ 2,000
$
2,500
Page 5
41 of 520
Ge neral Fund
MARKETING & BUSINESS DEVELOPMENT
FY 2011 -2012
Y
FY 2012 -2013
$ 22,880
$ -
Dept. 57400
Original
Budget
Estimate
Proposed
Budget
Change IncrkDecr)
Dental
SUMMARY
Amount
%
100
PERSONNEL SERVICES
ADVERTISING
MARKETING & BUSINESS DEVIL. COLLA TERAL
CONFERENCES, MEETINGS & SEMINARS
MEMBERSHIP DUES
POSTAGE
CAREER DEVELOPMENT
PHOTOGRAPHY & VIDEOS
OFFICE SUPPLIES
CELLULAR PHONE
SUBSCRIPTIONS
1 OFFICE PRINTING COSTS
$ 120,446
$ 4,000
$ 5,000
$ 2,660
$ 600
$ 2,000
$ 3,000
$ 15,000
$ 2,500
$ 1,440
$ 700
$ 5,000
$ 120,446
$ 4,000
$ 5,000
$ 2,550
$ 725
$ 4,000
$ 2,500
S 13,000
$ 2,500
$ 1,440
$ 760
$ 5,000
$ 94,365
$ 5,000
$ 5,000
$ 3,000
$ 825
$ 5.000
$ 2,500
$ 15,000
$ 2.500
$ 1,020
$ 975
$ 6,000
$ (26,080)
$ 1,000
$ -
$ 340
$ 25
$ 3,000
$ (500)
S -
$ -
$ (420)
$ 275
$ 1,000
-22%
25%
0%
13%
3%
150%
-17%
0%
0 1 %
-29
39%
20%
216
218
225
226
227
229
236
310
$ 10,412
N 0
5
365
7,061
$ 7,061
$ 162,546
$ 161,921
$ 141,1851$
21,360
-13%
Planning in FY 12 -13)
$
22,880
$ 22,880
$ -
Benefits - Health
$
10,440
$ 10,440
$ 8,352
Dental
$
540
$ 540
$ 378
Vision
$
72
$ 72
$ 50
Life & Long Term Disability
$
610
$ 610
$ 449
Retirement Benefits
$
9,430
$ 9,430
$ 10,412
FICA Taxes
$
7,061
$ 7,061
$ 5,310
216 ADVERTISING
$
4,000
$ 4,000
$ 5,000
2:18 MARKE77NG & BUSINESS DEWL COLLATERAL
$
5,000
$ 5,000
$ 5,000
225 CONFERENCES, GREETINGS & SEMINARS
$
2,660
$ 2,550
$ 3,000
Regional -Local Meetings _
$
1,000
$ 750
$ 1,000
FRA Conference
$
1,000
$ 1,300
$ 1,50D
Mileage
$
660
$ 500
$ 500
$ 500 $ 425 $ 425
$ - $ - $ 75
$ 300 $ 300 $ 325
227
POSTAGE
S
2,000
$
4,000
$
5,000
228
CAREER DEVELOPMENT
$
3,000
$
2,500
$
2,500
PR and Marketing Certifications
$
3,000
$
2,500
$
2,500
236
PHOTOGRAPHY, VIDEOS, PROMOTIONAL
$
15,000
$
13,000
$
15,000
310
OFFICE SUPPLIES
$
2,500
$
2,500
$
2,500
340
CELLULAR PHONES
$
1,440
$
1,440
$
1,020
355
SUBSCRIPTIONS
$
700
$
760
$
975
Palm Beach Post
Sun - Sentinel
Wall Street Journal
PR Week
$
$
$
$
150
275
-
275
$
$
$
$
210
275
-
275
$
$
$
$
225
275
200
275
365
OFFICE PRINTING COSTS
$
5,000
$
5,000
$
6,000
Page 6
42 of 520
General Fund
$
65,943
$ 65,943
T
MarketinglEventslEco. Devi. Assistant (100% in
$
1,000
SPECIAL EVENTS
FY 2011 -2012
FY 2012 -2013
$
22,880
Dept. 57500
$ -
Original
Budget
I Estimate
Proposed
Budget
Change lncr /(Decr)
Amount
%
SUMMARY
100
PERSONNEL SERVICES
$ 116,339
$ 116,339
$ 90,091
$ (26,247)
-23%
200
EVENTSUPPORT
$ 10,000
$ 8,000
$
$ (10,000)
-100%
225 CONFERENCES, MEETINGS & SEMINARS
$ 3,020
$ 2,950
$ 3,220
$ 200
7%
226
MEMBERSHIP DUES
$ 400
$ 400
$ 400
$ -
0%
229
CAREER DEVELOPMENT
$ 2,000
$ 2,000
$ 1,500
$ (500)
-25%
310
OFFICE SUPPLIES
$ 1,500
$ 1,500
$ 1,500
$ -
0%
340
CELLULAR PHONE
$ 1,680
$ 1,680
$ 1,320
$ (360)
-21%
355
SUBSCRIPTIONS
$ 250
$ 250
$ 250
$ -
0%
4nn
EQUIPMENT
$ 1.250
$ 2.000
S. 2.500
$ 1,250
100%
Salaries - Events Director
$
65,943
$ 65,943
$ 65,943
MarketinglEventslEco. Devi. Assistant (100% in
$
1,000
$ 750
$ 1,000
Planning in FY 12 -13)
$
22,880
$ 22,880
$ -
Benefits - Health
$
10,440
$ 10,440
$ 8,352
Dental
$
540
$ 540
$ 378
Vision
$
72
$ 72
$ 50
Life & Long Term Disability
$
594
$ 594
$ 433
Retirement Benefits
$
9,076
$ 9,076
$ 9,891
FICATaxes
$
6,795
$ 6,795
$ 5,044
2001 1 EVENT SUPPORT $ 10,000 $ 8,000 $
225 CONFERENCES, MEETINGS & SEMINARS
$
3,020
$ 2,950
$ 3,220
Regional -Local Meetings
$
1,000
$ 750
$ 1,000
FRA Conference
$
1,000
$ 1,300
$ 1,500
Mileage
$
1,020
$ 900
$ 720
226 MEMBERSHIP DUES
$
400
$ 400
$ 400
FFEA
$
325
$ 325
$ 325
Gold Coast PR Council
$
75
$ 75
$ 75
Page 7
43 of 520
vveu marsier i rummU wnu cauu"
FL Festivals & Events Training
y
$
i,wu
1,000
a i,wv
$ 1,000
P -
$ 1,500
310
OFFICE SUPPLIES
$
1,500
$ 1,500
$ 1,500
340
CELLULAR PHONES
$
1 1 680
$ 1,680
$ 1,320
355
SUBSCRIPTIONS
$
250
$ 250
$ 250
400
EQUIPMENT
$
1,250
$ 2,000
$ 2,500
Page 7
43 of 520
General Fund
$
1,500
$ 1,500
$ 1,500
V
$
1,650
INSURANCES
$ 1,650
FY 2011
-2012
FY 2012 -2013
$ 3
Dept. 51410
Flood Insurance
$
Original
$ 5,000
Proposed
Change Incr /(Deer)
SUMMARY
Budget
Estimate
Budget
Amount %
200
CONTRACTUAL EXPENSES
$
23,650
$ 23,650
$ 23.650
$ - 0%
213
GENERAL PROPERTY COVERAGE
$
60,000
$ 60,000
$ 81,000
$ 21,000 35%
214
EMPLOYEE FIDELITY COVERAGE
$
1,000
$ 1,000
$ 1
$ - 0%
154
OTHER INSURANCES
$
24,500
$ 12,000
$ 24,500
$ - 0%
$
109,150
$ 96,650
$ 130,150
$ 21,000 19%
DETAIL
Computers & Software Policy
$
1,500
$ 1,500
$ 1,500
Marina Fuel Tank Coverage
$
1,650
$ 1,650
$ 1,650
Special Events & Concerts Policy
$
31500
$ 3
$ 3,500
Flood Insurance
$
5,000
$ 5,000
$ 5,000
213 PROPERTY& LIABILITY COVERAGE $ 60,000 $ 60,000 $ 81,000
T Policy for Property & General Liability $ 55,000 $ 55,000 $ 76,000
Includes: Property, General Liability, Fuel Dock,
Public Officials Liability, Employment Practices
Liability, Automobile
Construction Policies - Marina $ 5,000 $ 5,000 $ 5,000
r Insurance - Crime and
$ 1 $ 1,000 $ 1,000
$ 3 $ 3,500 $ 3,500
$ 5,000 $ $ 5,000
$ 15,000 $ 7,500 $ 15,000
Page 8
44 of 520
General Fund
$
30,000
$ 30,000
V
Marina Audit I Fuel Collection Audit
$
PROFESSIONAL SE RVICES
FY2011 -2012
FY 2012 -2013
Bond Indenture Compliance
Dept. 51420
15,000
Original
Budget
Estimate
Proposed
Budget
Change Incrl(Decr)
SUMMARY
Amount %
200
1
CONTRACTUAL SERVICES
$ 145,000
$ 75,000
4 1R nnn
$ 127,000
$ 50,000
Q 1R nnn
$ 155,000
$ 50,000
4 95 nnn
$ 10,ODO 7%
$ (25,000) -33%
.P, _ n
201
1 LEGAL SERVICES
7nA
I r%Tmri2 DDAQFCS'IANAI FFFC
Audit Services
$
30,000
$ 30,000
$ 30,000
Marina Audit I Fuel Collection Audit
$
15,000
$ 15,000
$ 15,000
Bond Indenture Compliance
$
15,000
$ 12,000
$ 15,000
Risk Assessment Standards/FinancialServices
$
30,000
$ 30,000
$ 30,000
CRA Marketing & Webslte Services
$
20,000
$ 20,000
$ 25,000
Personnel Services
$
15,000
$ -
$ 20,000
Economic Development Financial Assessment
$
10,000
$ 10,000
$ 10,000
Grant Consultant
$
10,000
$ 10,000
$ -
Record Retention Consultant
$
-
$ -
$ 10,000
201 LEGAL SERVICES $ 75,000 $ 50,000 $ 30,000
$ 500 $ 500 $ 500
$ 14,500 $ 14,500 $ 14,500
Page 9
45 of 520
•
FY 2011 -2012
1 FY 2012 -2013
15,000
45,000
25,000
25,000
20,000
5,000
$ 15,000
$ 45,000
$ 25,000
$ 10,000
$ 12,000
$ 5,000
Original
I
Proposed
I
Change Incrl(Decr)
Amount
%
Budget
Estimate
Budget
$ 2,500
$ 2,500
$
2,500
$ -
0%
$100,000
$ 75,000
$
75,000
$(25,000)
-25%
$ 85,304
$ 85,304
$
85,500
$ 196
0%
$ 18,000
$ 18,000
$
15.000
$ (3,000)
-17%
$145,000
$122,000
$
137.;000
$ (8,000)
-6%
$ 7,500
$ 6,000
$
10.000
$ 2,500
33%
$ 15,600
$ 10,000
$
12,600
$ (3,000)
-19%
9 7.800
$ 7.800
S
8.000
$ 200
3%
201 1 PROPERTY TAXES & ASSOCIATION DUES $ 100,000 $ 75,000 $ 75,000
20 RENTAL OF OFFICES $ 85,304 $ 85,304 $ 85,500
710 N. Federal Hwy $ 78,204 $ 78,204 $ 82,000
Storage Facilities $ 7,100 $ 7,100 $ 3,500
208 1 EQUIPMENT LEASES $ 18,000 $ 18,000 $ 15,000
Janitorial Services
Property Maintenance
HuntcanelPropertyContingency
Promenade - Hardscape Maintenance
Promenade - Softscape Maintenance
Leasehold Improvements 710 N. Federal Highway
$
$
$
$
$
$
15,000
45,000
25,000
25,000
20,000
5,000
$ 15,000
$ 45,000
$ 25,000
$ 10,000
$ 12,000
$ 5,000
$ 15,000
$ 72,000
$ 25,000
$
$
$ -
224 SIGNAGE
$
7,500
$ 6,000
$ 10,000
325 ELECTRICITY COSTS
$
15,600
$ 10,000
$ 12,600
326 WATER COSTS
$
7,800
$ 7,800
$ 8,000
Page 10
46 of 520
General Fund
MARINA MANAGEMENT CONTRACT
$
148,000
1
$ 158,000
MARINA
FY 2011 -2012
FY 2012 -2013
242
Dept. 51630
$
Original
Budget
Estimate
Proposed
Budget
Change Incrl�Decr)
SUMMARY
Amount
%
200
310
CONTRACTUAL EXPENSES
$ 500
$ 35,800
$ 148,000
$ 44,200
$ 500
$ 15,400
$ 2,100
$ 842,776
$ 14,000
$ 500
$ 35,800
$ 148,000
$ 44,200
$ 500
$ 15,400
$ 2,100
$ 741,500
$ 12,000
$ Soo
$ 35,800
$ 158,000
$ 34,200
$ 500
$ 15,400
$ 2,100
$ 741,500
$ 12,000
$
$ -
$ 10,000
$ (10,000)
$
$
$
$ (101,276)
$ 2,000
0%
0%
7%
-23%
0%
0%
0%
-12%
-14%
209
PROPERTY MAINTENANCE COSTS
241
MARINA MANAGEMENT CONTRACT
242
FUEL STATION OVERHEAD
310
OFFICE SUPPLIES
325
ELECTRIC COSTS
326
WATER CHARGES
327
GASOLINE & DEISEL CHARGES
328
DIESEL SALES TAX
82
$1,103,276
$1,000,000
$ 1,000,000
$ 103,276
-9%
209 PROPERTY MAINTENANCE COSTS $ 35,800 $ 35,800 $ 35,800
Trash Removal & Janitorial Services $ 9,100 $ 9,100 $ 9,100
Marina Maintenance $ 26,700 $ 26,700 $ 26,700
241
MARINA MANAGEMENT CONTRACT
$
148,000
$ 148,000
$ 158,000
242
OPERATIONS - Merchant Fees/Building/Phone
$
44,200
$ 44,200
$ 34,200
310
OFFICE SUPPLIES
$
500
$ 500
$ 500
:324
ELECTRICITY COSTS
$
15,400
$ 15,400
$ 15,400
82
WATER CHARGES
$
2,100
$ 2,100
$ 2,100
327
GASOLINE & DEISEL CHARGES
$
842,776
$ 741,500
$ 741,500
328
DIESEL SALES TAX
$
14,000
$ 12,000
$ 12,000
Page 11
47 of 520
G Fund
Financial Accounting Software Updates
Maintenance of Phone System
$
$
•
$ 500
$ 1,500
$ 500
$ 1,500
210
INFORMATION TECHNOLOGY
FY 2011 -2012
FY 2012 -2013
$ 22,000
$ 23,000
Dept. 51650
Original
Budget I
Estimate
Proposed
I Budget
Change Incrl(Decr)
SUMMARY
Amount
%
200
CONTRACTUAL EXPENSES
CITY IT SUPPORT
COMPUTER SOFTWARE & LICENSES
FINANCIAL SOFTWARE MAINTENANCE
TELEPHONE LINES
EQUIPMENT COSTS
$ 2,000
$ 22,000
$ 1,500
$ 7,850
$ 8,D00
$ 8,000
$ 2,000
$ 22,000
$ 1,500
$ 7,850
$ 8,000
$ 8,000
$ 2,006
$ 23,000
$ 750
$ 8,200
$ 6.000
$ 5,000
$ -
$ 1,000
$ (750)
$ 350
$ (2,000)
$ 3,000
0%
5%
-50%
4%
-25%
-38%
210
211
212
330
400
7,850
$ 7,850
$ 49,350
$ 49,350
$ 44.950
$ (4,400)
-9%-
Page 12
48 of 520
Financial Accounting Software Updates
Maintenance of Phone System
$
$
500
1,500
$ 500
$ 1,500
$ 500
$ 1,500
210
IT SUPPORT
$
22,000
$ 22,000
$ 23,000
211
COMPUTER SOFTWARE & LICENSES
$
1,500
$ 1,500
$ 750
212
FINANCIAL SOFTWARE MAINTENANCE
1 $
7,850
$ 7,850
$ 8,200
230
TELEPHONE SYSTEM & DATA LINES
$
8,000
$ 8,000
$ 6,000
400
EQUIPMENT COSTS
$
8,000
$ 8,000
$ 5,000
Page 12
48 of 520
General Fund FY 2011 -2012 FY 2012 -2013
CONTINGENCY ACCOUNT Original Proposed Change Incrl(Decr)
Dept. 51990 Budget Estimate Budget Amount %
200 CONTRACTUAL EXPENSES
Contingencies $ 25,000 $ - $ 25,000 $ - 0%
Page 13
49 of 520
cri
O
0
h
cri
rQ
0
BOYNTON BEACH CRA
SALARY SCHEDULE and RELATED PERSONNEL EXPENSES
BUDGET WORKSHEET FOR THE FISCAL YEAR
OCTOBER 1, 2012 - SEPTEMBER 30, 2013
Total ,723 Personnel Costs as % of General Fund 712%
..TT Is P. $ 160 1
NOTE: City's contribution to General Employees' Pension Fund = five year range of 17-24% to 27.80 annually (source: City Finance Dept.)
CRA Proposed Retirement Percentage = 15% Total vs. 10.2% FY 11-12
CRA Merit/Promotion Pool History
FY 2007-2008
8% Merit Pool
FY 2008-20ng
4% COLa,
FY 2009-2010
No
FY 201G-2011
Retirement Benefits Suspended
FY 2011-2012
0 1 /6
Page 14
Boynton Beach CRA
Project Fund - Budget Summary
Transfers In from General Fund
Other Financing Sourcesffransfers In
Total Revenues and Transfers In
EXPENSES
Department Name
Ooeratina Exoensas
Contingency
Professional Services
Legal Services
Sub -Total
Capital Outlav
Property Purchases
Improvements
Construction in Progress
Site Work & Demolition Fees
Tree Art Project - Ocean Avenue
Sub -Total
Economic Development Proarams
Economic Development Grant Programs
Marketing Program for Merchants
DIFA- Economic Development
Community Support Programs
Sub -Total
Prolects & Programs
Special Events
Total Project Fund Expenses
$ 1,999,561 $ 2,359,561 $ 2,359,561 5 1,933.939 $ (425,622) -18%
$ 2,793,131 $ 3,256,827 $ 2,622,726 $ 3,111,022 ; 145,805 4%
FY 2011 -2012 2012 -2013 Proposed vs. 2010.2011
Original I Amended Proposed Increase Decrease
Budget Bud et Estimate Bud at Amount I %
76,144
76,144
-
75,000
V
-2%
50,000
131,050
95,000
FY 2011 -2012
$ (45,000)
2012 -2013
Proposed vs. 2011.2012
65,000
Original
Amended
$ (20,000)
Proposed
Increase/ Decrease
FUNDING SOURCES
Budget
Budget
I Estimate
Budget
Amount
%
1. Ruth Jones Interior
-
$ (140,000)
-100%
138,534
138,534
42,400
Rollover Budget Reallocation from FY 2010 -2011
$ 140,138
$ 140,138
$ 40,138
$ 100,000
S (40,138)
-29%
Rollover from Project Fund Balance Allocation
67,929
67,929
67,929
-
(67,929)
-100%
Project Fund - Bond #2 Remaining Proceeds
51,402
51,402
51,402
48,959
(51,402)
-100%
Sub -Total Ruth Jones Interior
259,469
259,469
159,489
100.000
(159,469)
-61%
2. Rollover from Project Fund - Magnuson House
336,795
336,795
$ (172,200)
336.795
20,000
0 1 /6
3. Grant Revenue - Children's Museum Windows
197,306
197,306
88%
-
(197,306)
-100%
4. Fund Balance - Project Fund - Ocean Breeze
-
81,496
81,496
-
(81,496)
-100%
West Contract Balance Unused
100%
$ 784,724 $
933,420 $
933,420
$ 751,000
$ (182,420)
5. Fund Balance - Project Fund - Unused
22,200
22,200
(22,200)
Economic Development Grant Funds
-1 DO%
S. Rollover - FY 2011 -2012
Components:
Contingency
75,000
75,000
100%
Old High School
36.050
36,050
100%
Marina - Entry Sign at BBB & Federal
96,134
96,134
100%
Marina - Phase 1 -B
484,145
484,145
100%
Tree Art Project - Ocean Avenue
48,959
48,959
100%
Sub -Total Rollover FY 2011 -2012
-
740,288
740,288
100%
Sub -Total
$ 793,570
$ 897,266
$ 263,165
$ 1,177,083
$ 279,817
31%
Transfers In from General Fund
Other Financing Sourcesffransfers In
Total Revenues and Transfers In
EXPENSES
Department Name
Ooeratina Exoensas
Contingency
Professional Services
Legal Services
Sub -Total
Capital Outlav
Property Purchases
Improvements
Construction in Progress
Site Work & Demolition Fees
Tree Art Project - Ocean Avenue
Sub -Total
Economic Development Proarams
Economic Development Grant Programs
Marketing Program for Merchants
DIFA- Economic Development
Community Support Programs
Sub -Total
Prolects & Programs
Special Events
Total Project Fund Expenses
$ 1,999,561 $ 2,359,561 $ 2,359,561 5 1,933.939 $ (425,622) -18%
$ 2,793,131 $ 3,256,827 $ 2,622,726 $ 3,111,022 ; 145,805 4%
FY 2011 -2012 2012 -2013 Proposed vs. 2010.2011
Original I Amended Proposed Increase Decrease
Budget Bud et Estimate Bud at Amount I %
76,144
76,144
-
75,000
$ (1,144)
-2%
50,000
131,050
95,000
86,050
$ (45,000)
-34%
65,000
65,000
65,000
45,000
$ (20,000)
-31%
$ 191,144 $
272,194 $
160,000
$ 206,050
$ (66,144)
-24%
140,000
140,000
-
$ (140,000)
-100%
138,534
138,534
42,400
96,134
$ (42,400)
-31%
1,320,739
1,360,739
439,799
1,704,379
$ 343,640
25%
50,000
50,000
40,D00
50,000
$ -
0%
50,000
50,000
1,041
48,959
$ (1,041)
-2%
$ 1,559,273 $
1,739,273 $
663,240
$ 1,899,472
$ 160,199
9%
21 D,000
357,200
357,200
185,000
$ (172,200)
-48%
20,000
40,000
40,000
75,000
$ 35,000
88%
554,724
536,220
536,220
489,500
$ (46,720)
-9%
1,500
$ 1,500
100%
$ 784,724 $
933,420 $
933,420
$ 751,000
$ (182,420)
-20%
257,990 311,940 311,940 254,500 $ (57,440)
$ 2,793,131 $ 3,256,627 A 2,068,600 $ 3,111,022 $ (145,805)
Page 15
51 of 520
-18%
-4%
Project Fund
OPERATING EXPENSES
Dept. 58100
SUMMARY
Original
Budget
Amended
FY 2011 -20!Estimate
Budget
2012 -2013
Proposed
Budget
Change Incrl Deer
I Amount %
202
1
CONTINGENCY
PROFESSIONAL SERVICES
LEGAL SERVICES
$
$
$
76,144
50,000
65,000
$ 76,144
$ 131,050
$ 65,000
$ _ $
$ 95,000 $
$ 65,000 $
75,000
85,050
45 000
$ (1,144)
$ (45,000)
$ 20,000
-2%
-34%
-31
201
218
$
191,144
$ 272,194
$ 160,000 $
206,050
is 66 144
-24%
DETAIL
r 202 CONTINGENCY $ 76 $ 76,144 $ $ 75,000
Old High School $ - $ 51,050 $ 15,000 $ 36,050
Surveys &Appraisals $ 10,000 $ 10,000 $ 10,000 $ 10,000
Architectural Design Assistance $ 40,000 $ 70,000 $ 70,000 $ 40,000
253 LEGAL SERVICES $ 65,000 $ 65,000 $ 65,000 $ 46,000
Page 16
52 of 520
Project Fund
CAPITAL, OUTLAY
Dept. 58200
SUMMARY
Original
Budget
FY 2011 -2012
Amended
Budget
Estimate
2012 -2013
Proposed
Budget
Change Incr/ Decr
Amount %
401
PROPERTY PURCHASES
IMPROVEMENTS
CONSTRUCTION IN PROGRESS
SITE WORK& DEMOLITION FEES
INFRASTRUCTURE & STREETSCAPE
$
$ 138,534
$ 1,320,739
$ 50,000
$ 50,000
$ 140,000
$ 138,534
$ 1,360,739
$ 50,000
$ 50,000
$ 140,000
$ 42,400
$ 439,799
$ 40,000
$ 1,041
$
$ 96,134
$ 1,704,379
$ 50,000
$ 48,959
$ (140,000) 0%
$ (42,400) -31%
$ 343,64D 25%
$ - 0%
$ 1,041 2%
402
404
405
406
$ 1,559,273 $ 1,739 ,273
DETAIL
$ 663,240
$ 1;899,472
$ 1199 9%
60 ,
401 PROPERTY PURCHASES
$
$ 140,000
$ 140,000
$
402 IMPROVEMENTS
Marina Entry Signage at SE corner of BBB
Banners - BBB & Ocean Ave reinforcing Marina District
404 CONSTRUCTION IN PROGRESS
Marina - Development of Phase 1 -B
$ 138,534
$ 118,534
$ 20,000
$ 1,320,739
$ 500,000
$ 138,534
$ 118,534
$ 20,000
$ 1,360,739
$ 500,000
$ 42,400
$ 22,400
$ 20,000
$ 439,799
$ 15,855
$ 96,134
$ 96,134
$
$ 1,704,379
$ -
$464,145 of remalning
roliaver rea ®°cared to
Marina Phase 2 par CRA
Marina - Development of Phase 2
$
$
$ 1,3110,000
$100,000 of remaining
Ruth Jones Cottage - Interior
$
286,638
$ 286,638
$ 186,638
$
rollover reallocated to other
redevelopment projects
Ocean Ave. Project Change Orders
$
$ 40,000
$ 40,000_
$
$150,000 of rollover
reallocated to otter
redevelopment projects
Magnuson House - Commercial Use $ 336,795 $ 336,795 $ $ 186,795
Schoolhouse Children's Museum HUD Grant $ 197,306 $ 197,306 $ 197,306 $
Parking Redevelopment Planning
$
$
$
$ 217,584
405 1 SITE WORK & DEMOLITION $ 50,000 $ 50,000 $ 40,000 $ 50,000
406 1 INFRASTRUCTURE & STREETSCAPE $ 50,000 $ 50,000 $ 1,041 $ 48,959
Tree Art Project- Ocean Avenue $ 50,000 $ 50,000 $ 1,041 $ 48,959
Page 17
53 of 520
Project Fund
$ 40,000
$ -
$ - $
32,000
DIFA - The Promenade (Year 3 of 10)
V
$ 413,720
$ 413,720 $
ECONOMIC DEVELOP ENT PROGRAMS
DIFA - Wal -Mart IYear 1 of 10)
$ -
FY
2011 -2012
45,000
2012 -2013
$ 22,500
$ 22,500
Dept. 58400
22,500
Origlnal
Amended
Proposed
Chan a Incr! Dec
SUMMARY
$ 100,000
Budget
I
Budget
I Estimate
Budget
Amount
%
440!444
COMMERCIAL BUSINESS GRANTS
$
210,000
$
357,200
S 357,200
$ 185,000 $
(172,200)
AV.
445
MARKETING INCENTIVE PROGRAM
$
20,000
$
40,000
$ 40,000
$ 75000 $
35,000
88%
443
1 DIRECT INCENTVE FUNDING AGREEMENTS DIFA
$
554,724
$
536,220
$ 536,220
$ 489,500 $
(46,720)
-9
470
COMMUNITY SUPPORT PROJECTS
$
$
$
$ 1500 $
1,500
100%
$
784,724
$
933,420
$ 933,420
$ 754,000 $
182,420
am
DETAIL
S
230,000
$
397,200
$ 397,200
$ 260,000
Economic Development Programs (Commercial
440f4
Facade, Interior Build -Out, Rent Suhsid , Si na e
$
210,000
$
357,200
$ 357,200
$ 185,000
444
1 Market Program for Merchants
$
20,000
$
40,000
$ 40,000
$ 75,000
DIFA -The Preserve (Year 1 of 10)
$ 40,000
$ -
$ - $
32,000
DIFA - The Promenade (Year 3 of 10)
$ 392,224
$ 413,720
$ 413,720 $
390,000
DIFA - Wal -Mart IYear 1 of 10)
$ -
$ -
$ - $
45,000
Wal -Mart Brownfield Payment Year 2 of 4
$ 22,500
$ 22,500
$ 22,500 $
22,500
Palm Beach County Regions Grant Refunds
- Boynton Delray Academy & Village Ice Cream
$ 100,000
$ 100,000
S 100,000 $
-
470 COMMUNITY SUPPORT PROJECTS
$
$
$ $
1,500
Realtor Training in Historic Preservation - Approved at
CRA Board Meeting 0612.2012 for FY12 -13
$ -
$ -
$ - $
1,500
Page 18
54 of 520
Project Fund
SUMMARY
FY 2011 -2012 2012 -2013
Amended I Proposed
Estimate I Budget I Amount
Holiday Extravaganza $ 100,000 $ 100,000 $ 100,000 $ 100,000
- Parade $ 20,000 $ 20,000 20,000 $ 20,000
Tree, Lighting, Holiday Decorations $ 20,000 $ 20,000 $ 20,000 $ 20,000
- Concert $ 60,000 $ 60,000 $ 60,000 $ 60,000
amumtomoepenaence- 4tnwituy a ra,Ayu a ro,cav a rv,cav a
Fireworks $ 50,000 $ 50,000 $ 50,000 $
Barge $ 14,000 $ 14,000 $ 14,000 $
Concert & Security $ 11.290 $ 11.290 $ 11,290 $
- Boat Parade
$
5,000
$ 5,000
$ 5,000
$ 11,000
Ocean Avenue Park - Sunday Concerts
$
$ -
$ -
$ 7,500
Movies on the Ave
$
7,500
$ 7,500
$ 7,500
$ 15,000
Community Farmers Market
$
$ -
$
$ 3,500
Kinetic Symposium
$
$ 26,050
$ 26,050
$ 5,000
- General Event Support
$
$ 20,000
$ 20,000
$ 20,000
Pirate Event on- Ocean Avenue
$
45,000
$ 45,000
$ 45,000
$ 77,500
Sunday Family Funday at Marina
$
13,200
$ 13,200
$ 13,200
$ -
Mayor's Challenge Family Fun Run/Walk
$
1,000
$ 1,000
$ 1,000
$ -
Amphitheatre- Downtown Open Market
$
5,000
$ 5,000
$ 5,000
$ -
Heritage Fast
$
-
$ 7,900
$ 7,900
$
Page 19
55 of 520
Boynton
Debt r • •
Bond #2
Principal
$
300,000
$
310,000 10,000
3%
Interest
$
522,275
2011 -2012
506,975 (15,300)
2012 -2013
Change Incrl Decr
Funding rSources,
500
Budget
500
Budget
Amount
%
2,513,513
$
2,512,150 $ (1,363)
0%
Transfers In from General Fund
$
2,513,513
$
2,112,150
(401,363)
-16%
Fund Balance Allocation
$
-
$
400,000
400,000
100%
$
2,513,513
$
2,512,150
$ (1,363)
0%
Expenses
Bank of America Loan
Loan Principal
$
232,960
$
246,708
13,748
6%
Loan Interest
$
71,877
$
58,130
(13,748)
-19%
Bond #1
Principal
$
695,000
$
725,000
30,000
4%
Interest
$
690,900
$
664,838
(26,063)
-4%
Bond #2
Principal
$
300,000
$
310,000 10,000
3%
Interest
$
522,275
$
506,975 (15,300)
-3%
Financial Agent Fees
$
500
$
500
0%
Total Debt Service Fund Expenses
$
2,513,513
$
2,512,150 $ (1,363)
0%
56 of 520
BOYNTON BEACH CRA
DEBT OVERVIEW
BUDGET WORKSHEET FOR THE FISCAL YEAR
GCTOBER 1,.2012 - SEPTEMBER 11, 2013
FUND I TYPE I DUE DATE DESCRIPTION I PRINCIPA! PRINCIPAL INTEREST Total Prii. PRINCIPAL BAL.
AS OF 10101/12 PAYMENT PAYMENT I +Intars.t 11ASOFOW30=13
TOTALIIEBT SERVICE FY20122013
Principal
$
1,281,708
Interest
5
1
Fee
$
508
Total
S
2,512,1511
Page 21
$152,418.07
$152,419.97
53114,837.74 $929,4fifi.95
$332
1,057,418.75
1,389,837.50 513,415,000.00
$253,487.50
$563,487.50
$816,975.00 $9,370,000.00
$23,614,467
57 of 520
BOYNTON BEACH CRA
DEBT SERVICE REQUIREMENTS
PRINCIPAL & INTEREST
YEAR
BOA LOAN
BOND # 1
BOND # 2
TOTAL
FY 2012 -2013
$ 304,838
$
1,389,838
$
816,975
$
2,511,650
FY 2013 -2014
$ 304,838
$
1,385,838
$
821,165
$
2,511,840
FY 2014 -2015
$ 304,838
$
1,385,838
$
824,335
$
2,515,010
FY 2015 -2016
$ 304,838
$
1,389,638
$
821,485
$
2,515,960
FY 2016 -2017
$
1,705,000
$
810,863
$
2,515,863
FY 2017 -2018
$
1,706,750
$
809,675
$
2,516,425
FY 2018 -2019
$
1,705,500
$
807,358
$
2,512,858
FY 2019 -2020
$
1,706,250
$
808,910
$
2,515,160
FY 2020 -2021
$
1,702,250
$
809,050
$
2,511,300
FY 2021 -2022
$
1,707,250
$
807,778
$
2,515,028
FY 2022 -2023
$
1,703,500
$
810,093
$
2,513,593
FY 2023 -2024
$
1,706,250
$
805,713
$
2,511,963
FY 2024 -2025
$
2,514,920
$
2,514,920
FY 2025 -2026
$
2,512,665
$
2,512,665
TOTAL $ 1,219,351 $ 19,193,900 $ 14,780,983 $ 35,194,233
Interest Rates 5.65% 3%-S% 4.6%-5.6%
I
58 of 520
6. A
CONSENT AGENDA
September 18, 2012
r
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: September 18, 2012
NATURE OF
AGENDA ITEM
❑
OPENINGS
❑
PUBLIC HEARING
❑
OTHER
❑
CITY MANAGERS REPORT
El
ANNOUNCEMENTS /PRESENTATIONS
El
UNFINISHED BUSINESS
❑
ADMINISTRATIVE
❑
NEW BUSINESS
®
CONSENT AGENDA
❑
LEGAL
❑
BIDS AND PURCHASES OVER $100,000
❑
FUTURE AGENDA ITEMS
❑
CODE COMPLIANCE AND LEGAL
SETTLEMENTS
REQUESTED ACTION BY CITY COMMISSION: Accept the FY 2011 -12 Budget Status Report of
the General Fund & Utility Revenue Fund for the eleven (11) month period ended August 31,
2012.
EXPLANATION OF REQUEST: This report summarizes the estimated funding sources and
the adopted expenditure budgets for the City's General Fund and Utility Revenue Fund
for the eleven (11) month period ended August 31, 2012 (92% of the fiscal year). The
analysis compares -
• Actual results for the current period to the annual budget and
• Actual results for the same period of the prior year annual budget.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The annual budget Is what
provides and controls the resources for City programs and services.
FISCAL IMPACT: The annual budget and results to date for the General Fund and the
Utility Revenue Fund follow.
59 of 520
GENERALFUND
FY 2011 -12
Annual Actual to Date
Budget Amount %
Revenues & Transfers $ 65,142 $ 62,548 96
Expenditures $ (65,142) $ (58,834) 90%
Excess (Deficit)
- 1 $ 3,714
Revenues & Transfers (Exhibit A) -
FY 2010 -11
Annual Actual to Date
Budget Amount %
$ 68,551 $ 66,075 96%
$ (68,551) $ (62,735) 92%
$ - $ 3,340
FY 2012 vs. 2011
Budget Actual
-5% -5%
-5% -6%
Budgeted Funding Sources: Property taxes and other revenues only provide funding
sources of $42.8 M or 66% of our total $65.1 M General Fund budget estimate for the
FY 2012. Transfers from other funds ( non- revenues provide $22.3 M or a large 34% of
the total funding sources to balance our $65.1 M General Fund budgeted expenditures.
These three major estimated funding sources are summarized as follows:
1. 35% - $ 22.5 M - Property taxes less Tax Increment Financing to the CRA
2. 31% - $ 20.3 M - All other revenues
3. 34% - $ 22.3 M - Transfers from other funds & General Fund Balance
100% - $ 65.1 M - Total funding sources
The property tax rate for FY 2012 was increased from 6.7626 mills to 7.1941 mills
(Rollback Rate), the net property taxes of $26.3 M in FY 2012 represent a 3.2%
increase in property tax revenue or an increase of $.8 M from FY 2011.
To balance the budget in FY 2012, it required transfers from other funds of $22.2 M and
an appropriation of the General Fund undesignated fund balance of $110,000
representing a total of $22.3 M or 34% of all funding sources.
Actual Funding Sources Realized: Revenues and transfers realized are $62.5 M or
96% of the budget estimate compared to $66.0 M or 96% realized to date in FY 2011.
Ad Valorem Taxes, net of discounts and TIF taxes to the CRA: $22.5 M (100% of the
budget estimate) have been received to date versus $21.8 M (98% of the budget
estimate) for FY 2011.
Other Revenues: The four major revenue sources other than property taxes are:
1. Franchise Fees with $3.9 M or 88% actually collected in FY 2012 compared to
$4.1 M or 82% in FY 2011. The percent increase is due to reduced revenue
estimates from $5.0 M in FY 2011 to $4.5 M in FY 2012.
2. Business Taxes & Building Permits Business taxes and building permits in total
appear that we will realize our total estimated revenues.
a. Business taxes are due at the beginning of our fiscal year. It appears that
we will fall short of our annual estimate by approximately $130,000. It
remains to be seen if all business taxes will be realized
60 of 520
b. Building permits of $1.8 million have already exceeded our annual
estimate of $1.1 million and have exceeded year -to -date compared to the
$1.2 million in FY 2011. At this rate, we will make up the $130,000
shortfall of business taxes before the fiscal year is complete.
3. State Shared Revenues of $6.0 M or 94% collected in FY 2012 which is ahead of
FY 2011 in dollars collected, but behind the 99% of the total budget estimate for
FY 2011. The amount budgeted this year reflects the State's estimate. However,
it remains to be seen if all State shared revenues will be collected.
4. Public Safety, revenues realized this year are $3.6 M which is equal to the same
amount in FY 2011. Once again, it remains to be seen if all Public Safety
revenues will be realized.
Transfers From Other Funds: Current practice is to transfer 1/12 of the budgeted
transfers from other funds each month. This will result in 100% realization of this
funding source for the year.
Expenditures (Exhibit B)
Budgeted Expenditures: Overall, budgeted expenditures decreased approximately 5%
from $68.5 M in FY 2011 to $65.1 M this year. The decrease impacted many
departments with the larger decreases coming from Police, Building and Development
departments, and Parks Maintenance.
Actual Expenditures — Expenditures for the fiscal year to date are $58.8 M that is 90%
of the $65.1 M expenditure appropriation for FY 2012.
(a) With the expenditures at $58.8 M (90% of the budget vs. 92% of the year), we
are $3.9 M under last year spending levels of $62.7 M for this same period.
(b) However, Police as the largest department accounts for 35% of the budget
and is running ahead of the 92% of its proportional budget to date.
Annual
Budget
To Date
Over Budget
Budget
(d)- 92%
Expended
To Date
Police - $22.7 M
$20.9 M
$21.6 M (95 %)
$0.7 M
(c) Overtime, much of which is court - related is the major reason for the budget
overage to date. The Pension line item is another major item of their budget
overage to date. This is primarily due to the one -time payment for the City's
pension obligations at the beginning of the fiscal year in order to save
significant ($1.0 M) pension costs as opposed to previous years where the
City made monthly payments.
61 of 520
UTILITY REVENUE FUND
Revenues
Revenue Fund Increase
Net Revenues
Expenditures
Operational Variance
FY 2011 -12
FY 2010 -11
FY 2012 vs. 2011
Annual
Budget
Actual to Date
Annual
Budget
Actual to Date
Budget
Actual
Amount
%
Amount
%
%
%
$ 39,077
$ 35,352
90%
$ 36,309
$ 35,347
97%
8%
0%
$ (6,860)
$ (6,289)
92%
$ (4,342)
$ (3,981)
92%
58%
58%
$ 32,217
$ 29,063
90%
$ 31,967
$ 31,366
98%
1%
-7%
$ (32,217)
$ (28,692)
89%
$ (31,967)
$ (28,711)
90%
1%
0%
$ -
$ 371
$ -
$ 2,655
With the approval of the Capital Improvement Plan (CIP) in FY 2010 -11 and the bond
issue of $45.895 million, the Commission approved necessary rate increases to partially
fund and maintain the Utility's Repair & Maintenance Capital Fund in addition to bond
financing. As a result, there are the planned Revenue Fund increases in its Operational
Plan in order to meet our CIP needs and to fund our increased debt service
requirements. These factors should provide for adequate bond debt service coverage.
Operational Forecast - The budgeted operational forecast of the Utility Revenue Fund
estimates an excess of revenues over expenditures of $6.8 M for the year resulting in a
fund balance increase (excess of revenues over expenditures) before added debt
service and transfers to the Repair & Maintenance Capital Improvement Fund.
Revenues (Exhibit C) — Actual revenues to date of $35.3 M and the planned fund
balance increase of $6.3 M vary slightly in FY 2012 compared to the $35.3 M to date in
FY 2011, because of two factors:
• Water Sales - $16.2 M equivalent to 88% of the annual estimate, compared to
$16.5 M (98 %) at this point in FY 2011.
• Sewer Service - $14.9 M equivalent to 91 % of the annual estimate, compared to
$14.6 M (95 %) at this point in FY 2011.
Expenditures (Exhibit D) — The FY 2012 annual expenditure budget of $32.2 M
represents a $0.3 M (1 %) increase from the FY 2011 budget of $31.9 M
Expenditures to date are $28.7 M or 89% of the annual appropriation compared to
similar expenditures for the prior fiscal year. Similar to the General Fund, we are slightly
behind of last year's spending levels.
However, subsequent to the impact of Tropical Storm Isaac, a number of budgeted
accounts will likely exceed their budgets, but that information is incomplete at this point.
ALTERNATIVES: Discuss this Budget Status Report or request clarification at the City
Commission meeting.
62 of 520
$68,958
$66.075 X
S61 M1
amfx % . ,.
_)K§5 .042
552,836 ' , 5 ,949
,18.693
r'' 5'46.984
$4-3,7 -M
$ -2,210
$34,61
$30.077 1
Oct Nnv Dec Jan Feh Mar Apr M" Jun Jul Au� .Sep
--X- - Cumulative 2010.11 Actual - --XC-- Cumulative 2011 -12 Actual 12011.12 Budget
63 of 520
EXHIBIT A
CITY OF BOYNTON BEACH, FLORIDA
GENERAL
FUND ANALYSIS
STATEMENT OF REVENUES
- COMPARATIVE
BUDGET TO
ACTUAL
Fiscal Year Period Ended Aug 31, 2012
(92% of Fiscal Year)
REVENUES
FY 2011 -12
FY 2011 -12 TO
DATE
FY 2010 -11
FY 2010 -11 TO
DATE
ACCOUNTS
REVENUE
%
REVENUE %
APPROVED
$ 26,319,000
REALIZED
$ 25,935,463
REALIZED
99%
$
APPROVED
25,507,000
REALIZED
25,114,750
REALIZED
98%
AD VALOREM TAXES, net
LESS TIF TAXES TO CRA
(3,782,000)
(3,455,646)
91%
(3,334,000)
(3,334,000)
100%
NET TAXES TO THE CITY
22,537,000
22,479,617
100%
22,173,000
21,780,750
98%
LICENSES AND PERMITS
FRANCHISE FEES
4,500,575
3,941,557
88%
5,024,575
4,118,227
82%
BUSINESS TAXES
1,489,600
1,360,749
91%
1,282,000
1,379,094
108%
BUILDING PERMITS
1,145,000
1,800,760
157%
493,000
1,234,823
250%
OTHR LICENSES, FEES & PER
157,570
161,079
102%
201,000
158,363
79%
INTERGOVERNMENTALREVENUES
OTHER FEDERAL REVENUE
55,000
42,190
77%
60,000
144,171
240%
STATE SHARED REVENUES
6,481,200
6,060,200
94%
5,877,000
5,824,841
99%
SHRD REV FROM OTHR LCL
545,000
353,270
65%
495,000
364,452
74%
CHARGES FOR SERVICES
PYMTS IN LIEU OF TAXES
87,500
99,460
114%
81,000
89,385
110%
CHRGS - GENERAL GOVT
545,000
554,034
102%
286,000
379,456
133%
PUBLIC SAFETY
3,981,480
3,662,057
92%
3,859,000
3,687,966
96%
CULTURE/RECREATION
312,500
344,776
110%
282,000
307,610
109%
INTEREST & MISC REVENUE
VIOLATIONS LOCAL ORD.
294,250
479,844
163%
155,000
465,910
301%
INTEREST EARNINGS
101,000
269,796
267%
520,000
349,868
67%
RENTS AND ROYALTIES
265,000
263,106
99%
401,000
377,655
94%
SALE OF SURPLUS MATERIAL
10,000
2,260
23%
2,000
5,102
255%
LIBRARY FINES
48,400
30,234
62%
40,000
34,783
0%
OTHER MISC. REVENUE
268,400
184,991
69%
212,000
524,283
247%
INTERNAL FUND TRANSFERS
TRANSFERS
22,207,800
20,357,150
92%
27,048,334
24
92%
FUND BALANCE APPROPRIATED
110,000
100,833
92%
58,937
54,026
92%
Total Revenues
$ 65,142,275
$ 62,547,963
96%
$
6]8 50,846
66,075,071
96%
Two Year Cumulative
Revenue Comparison
and
CFY Budget - ($ in thousands)
$68,958
$66.075 X
S61 M1
amfx % . ,.
_)K§5 .042
552,836 ' , 5 ,949
,18.693
r'' 5'46.984
$4-3,7 -M
$ -2,210
$34,61
$30.077 1
Oct Nnv Dec Jan Feh Mar Apr M" Jun Jul Au� .Sep
--X- - Cumulative 2010.11 Actual - --XC-- Cumulative 2011 -12 Actual 12011.12 Budget
63 of 520
CITY OF BOYNTON BEACH, FLORIDA
GENERAL FUND ANALYSIS
STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL
Fiscal Year Period Ended Aug 31, 2012 (92% of Fiscal Year)
EXHIBIT B
,e Tii „a,F„e,l Fi,u ;�]R,I- Ix.FY011 2012 \RI„1oe Review -CF -II g 12 Su, n. "'1011 F.xFa 1 - ,e C,m nay -i"d 111011
64 of 520
EXPENDITURE
FY 2011 -12
FY 2011 -12 TO DATE
FY 2010 -11
FY 2010 -11 TO DATE
ACCOUNTS
BUDGET
EXPENDED
%
BUDGET
EXPENDED
-X
APPROVED
EXPENDED
APPROVED
_142
EXPENDED
GENERAL GOVERNMENT
CITY COMMISSION
$ 216,902
$ 197,011
91 %
$ 243,903
$ 185,154
76%
CITY MANAGER
660,312
479,965
73%
571,292
540,647
95%
CITY HALLIGEN. ADMIN.
1,676,277
1,347,773
80%
1,530,247
1,347,129
88%
PUBLIC AFFAIRS
22,581
5,441
24%
141,815
151,576
107%
CITY CLERK
495,066
437,185
88%
524,594
474,123
90%
CITY ATTORNEY
515,927
395,343
77%
440,392
452,257
103%
FINANCIAL SERVICES
1,031,888
958,040
93%
1,211,778
1,148,104
95%
ITS
1,728,733
1,498,556
87%
1,931,853
1,473,939
76%
HUMAN RESOURCES
855,576
702,451
82%
923,994
842,998
91%
ORGANIZATIONAL DEVELOF
0
0
0%
142,121
109,303
77%
PUBLIC SAFETY
$23,Ifii" � '�
COMMUNICATIONS
2,109,756
1,841,465
87%
2,092,949
1,743,592
83%
POLICE
22,729,086
21,592,154
95%
23,495,585
21,863,817
93%
CODE COMPLIANCE
965,955
821,517
85%
1,095,606
1,029,970
94%
FIRE
18,651,590
17,213,619
92%
18,637,282
17,772,512
95%
EMERGENCY MANAGEMENT
94,919
59,651
63%
106,592
7,655
7%
ANIMAL CONTROL
0
400
0%
103,291
101,956
99%
BUILDING & DEVELOPMENT
DEVELOPMENT
371,693
241,597
65%
417,630
413,831
99%
BUILDING
1,415,778
1,244,898
88%
1,697,828
1,461,800
86%
ENGINEERING
533,227
441,092
83%
793,809
740,370
93%
PLANNING & ZONING
638,692
593,387
93%
835,431
745,783
89%
BUSINESS TAX
224,741
194,215
86%
247,172
215,806
87%
PUBLIC WORKS
PUBLIC WORKS
204,428
190,007
93%
272,951
223,496
82%
FACILITIES MANAGEMENT
1,401,241
1,224,024
87%
1,559,765
1,359,244
87%
STREETS MAINTENANCE
908,577
737,806
81%
972,151
709,530
73%
LEISURE SERVICES
LIBRARY
2,098,129
1,874,968
89%
2,243,271
1,898,832
85%
SCHOOLHOUSE MUSEUM SERV
204,576
142,987
70%
204,519
138,815
68%
RECREATION
2,833,308
2,440,257
86%
2,522,416
2,109,143
84%
PARKS & GROUNDS
1,501,740
1,065,503
71%
1,524,711
1,139,657
75%
PARKS MAINTENANCE
1,051,577
870,489
83%
2,065,898
1,862,988
90%
CRA REIMBURSABLE & RESERVES
-
22,4
0%
-
471,4
0%
Total Expenditures
$ 65 142 275
$ 58,834,203
90%
1 $ 68 550 846
$ 62,735,436
92%
,e Tii „a,F„e,l Fi,u ;�]R,I- Ix.FY011 2012 \RI„1oe Review -CF -II g 12 Su, n. "'1011 F.xFa 1 - ,e C,m nay -i"d 111011
64 of 520
A(7.95>
-X
$62,732
_142
.X
. 56,705
uYw ,.
6
'M 85':0.
0 7IS
$4(,307
$33,800
� � 4P� (Je.' ,336
$23,Ifii" � '�
$t7,7r6"
$12,534
$13,811
51,325
'5,429
SI!
0a
Nov Dec Jan Feb Mar
Ape May
Jun Jul Aug
Sep
- -X
- -Cumulative 2010 -11 Actual - -X - - -- Cumulative 2011 -12 Actual
+2011 -12 Budget
,e Tii „a,F„e,l Fi,u ;�]R,I- Ix.FY011 2012 \RI„1oe Review -CF -II g 12 Su, n. "'1011 F.xFa 1 - ,e C,m nay -i"d 111011
64 of 520
Oct Nuv Dvu: lun Fub Mw App Muy Sun Sul A, s,
->E- Cumulative 2010 -11 Actual - -*- Cumulative 2011 -12 Actual X 2011 -12 Budget
S:'H 'F anuial Hep"IS,&P, Iy H, a:Hep -rt FY20112012,H,,d,[ Heview- OF -MIL 1, 12 Su, nerzed401 Hev Suns
65 of 520
Two Year Cumulative Revenues Comparison
d f'RY R, d—t - N in th' --d.1
EXHIBIT C
CITY OF BOYNTON BEACH, FLORIDA
UTILITY
FUND ANALYSIS
STATEMENT
OF REVENUES - COMPARATIVE
BUDGET TO
ACTUAL
Fiscal Year Period Ended August 31, 2012 (92% of Fiscal Year)
REVENUES
FY 2011.12
FY 2011.12 TO DATE
FY 2010 -11
FY 2010.11 TO DATE
ACCOUNTS
BUDGET
REVENUE
%
BUDGET
REVENUE
%
APPROVED
REALIZED
REALIZED
APPROVED
REALIZED
REALIZED
WATER SALES
$ 18,433,000
$ 16,252,915
88%
$ 16,900,000
$ 16,491,748
98%
WATER CONNECTION FEE
15,000
19,755
132%
20,000
9,965
50%
WATER SERVICE CHARGE
500,000
340,623
68%
300,000
433,582
145%
WTR- BACKFLOW PREVNTR TEST
28.000
11.308
40%
25.000
33,334
0%
RECLAIMED WATER SALES
45.000
35.320
78%
21.000
36,976
0%
SEWER SERVICE
16,500,000
14,944,753
91%
15,442,569
14,593,886
95%
STORMWATER UTILITY FEE
3,315,000
3,423,464
103%
3,315,000
3,314,304
100%
STORMWATER SURCHARGE
60.000
53.281
0%
-
143,098
0%
TELEVISE SEWER LINES
1,000
3,826
363%
5,000
676
14%
FEES
6,000
8,240
137%
5,000
5,252
105%
INTERESTINCOME
8,000
140,542
1757%
62.000
136,783
221%
SALE OF SURPLUS EQUIP.
-
5,645
0%
-
-
0%
OCEAN RGE UT TAX ADM CHG
500
663
133%
Soo
772
0%
BAD DEBT RECOVERIES
10
300
3%
1,500
12,307
820%
MISCELLANEOUS INCOME
55
16
33%
111,600
41,567
37%
TRANSFER FROM SANITATION FUND
101,000
92
92%
101,000
92,563
92%
FUND BALANCE INCREASE
6,860,327
(6,288,633)
92%
4,342,592
(3,980.709)
92%
TOTAL REVENUES
$ 32,217,173
$7 29,062,964
90%
$ 31,967,577
$ 31,366,144
98%
Oct Nuv Dvu: lun Fub Mw App Muy Sun Sul A, s,
->E- Cumulative 2010 -11 Actual - -*- Cumulative 2011 -12 Actual X 2011 -12 Budget
S:'H 'F anuial Hep"IS,&P, Iy H, a:Hep -rt FY20112012,H,,d,[ Heview- OF -MIL 1, 12 Su, nerzed401 Hev Suns
65 of 520
Two Year Cumulative Revenues Comparison
d f'RY R, d—t - N in th' --d.1
S4u,0rro
Two Year Cumulative Expenditures Comparison and
EXHIBIT D
CFY Budget - ($ in thousands)
CITY OF BOYNTON BEACH, FLORIDA
$32,217
-M. ",
�al,nsz
t M 2
UTILITY FUND ANALYSIS
', r�7,3f'�'',tkt
STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET
TO ACTUAL
_ r ,
szo.ax)
Fiscal Year Period Ended August 31, 2012 (92% of Fiscal Year)
$ 35,'t
EXPENDITURES
ORES
til5w9v
FY 2011 -12
FY 2011 -12 TO DATE
1 01,7 f
FY 2010 -11
FY 2010 -11 TO DATE
ACCOUNTS
BUDGET
EXPENDED %
S.k IN
S. " "
BUDGET
EXPENDED
%
S 2.1!1
APPROVED
EXPENDED
APPROVED
- X-- Cumulative 2010 -11 Actual - X--- Cumulative 2011 -12 Actual 12011 -12 Budget
EXPENDED
WATER DISTRIBUTION
$ 1,393,213
$ 1,190,728 85%
$
1,399,442
$ 1,278,282
91%
PUBLIC WATER TREATMENT
5,886,347
5,277,473 90%
6,194,098
5,777,184
93%
METER READING & SERVICES
834,400
765,385 92%
914,433
852,388
93%
WASTEWATER COLLECTION
1,380,651
1,227,320 89%
1,468,637
1,262,917
86%
WASTEWATER PUMPING STATNS
2,036,645
1,831,230 90%
2,323,036
2,082,057
90%
SEWAGE TREATMENT
3,425,000
3,385,704 99%
3,125,000
2,762,810
88%
WATER QUALITY
606,058
563,693 93%
568,022
551,737
97%
UTILITY ADMINISTRATION
1,407,908
1,233,070 88%
1,721,377
1,557,977
91%
GENERAL ADMINISTRATION
5,773,648
5,259,398 91%
5,248,223
4,815,340
92%
UTILITIES ENGINEERING
1,226,036
1,059,239 86%
1,236,746
1,155,664
93%
STORMWATER MAINTENANCE
696,328
518,817 75%
665,609
554,728
83%
CUSTOMER RELATIONS
1,202,114
1,110,008 92%
1,168,316
1,109,765
95%
DEBT SERVICE
6,348,825
5,269,987 83%
5,934,638
4,949,856
83%
Total Expenditures
I $ 32,217,173
$ 28,692,052 89%
$
31,967,577
$ 28,710,705
90%
S4u,0rro
Two Year Cumulative Expenditures Comparison and
CFY Budget - ($ in thousands)
$32,217
-M. ",
�al,nsz
t M 2
a3vli
', r�7,3f'�'',tkt
12 1,31
_ r ,
szo.ax)
.'21.154
$ 35,'t
til5w9v
_.:209
1 01,7 f
sigrnn
$!o.r,?a
"N3 I t
S.k IN
S. " "
S 2.1!1
9(1
llce Vnv Dec .Ian Feh Mar Apr May Jon Jul Aug Sep
- X-- Cumulative 2010 -11 Actual - X--- Cumulative 2011 -12 Actual 12011 -12 Budget
S. \Finance ReportsWon[hly Financial P ports \FY2011 2012 \Eudgel Review - OF -thru Aug 12 Summa -d401 Exp Sum
66 of 520
6. B
CONSENT AGENDA
September 18, 2012
r '
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: September 18, 2012
NATURE OF
AGENDA ITEM
❑
OPENINGS
❑
PUBLIC HEARING
❑
OTHER
❑
CITY MANAGERS REPORT
El
ANNOUNCEMENTS /PRESENTATIONS
El
UNFINISHED BUSINESS
❑
ADMINISTRATIVE
❑
NEW BUSINESS
®
CONSENTAGENDA
❑
LEGAL
❑
BIDS AND PURCHASES OVER $100,000
❑
FUTURE AGENDA ITEMS
❑
CODE COMPLIANCE AND LEGAL
SETTLEMENTS
REQUESTED ACTION BY CITY COMMISSION: Approve the purchase of 24 ballistic helmets
(helmets worn by the SWAT Team) from SRT Supply in St. Petersburg, FL, in the amount of
$10,547.80 and to use the State Law Enforcement Trust Fund to make payment.
EXPLANATION OF REQUEST: The Police Department obtained three (3) quotes from
vendors for 24 ballistic helmets (helmets worn by the SWAT Team). The lowest quote
was received from SRT Supply (4450 60 Avenue North, St Petersburg, FL 33714) in
the amount of $10,547.80. These helmets would be replacements for the current
helmets which the SWAT team uses as part of their required equipment/uniform worn in
the performance of their duties.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The current helmets we have in
stock were purchased in 2007. The current manufacturer warranty expires this year.
The Kevlar Material Data sheet states at higher temperatures the tensile strength is
immediately reduced by about 10 -20% and after some hours the strength progressively
reduces further. For example, at about 66C (150F), a 10% reduction in strength occurs
after 500 hours. Also, there is an additional strength reduction from direct sun and UV
light exposure. Because the equipment has been maintained in the trunks of police
vehicles, we estimate the Kevlar has degraded approximately 25% since we acquired
the helmets in 2007. The new helmets we wish to obtain are made with an advanced
Kevlar XP fiber which has better tolerances to heat and moisture.
FISCAL IMPACT: The $10,547.80 will be taken from the State Law Enforcement Trust
Fund account (691- 5000 - 590- 04 -25) which currently shows a balance of $301,469.
67 of 520
Florida State Statute 932.7055 provides that when a law enforcement agency seizes
property or currency pursuant to the state forfeiture statues, the proceeds are deposited
into a Law Enforcement Trust Fund. The funds may be expended for law enforcement
purposes upon request of the Chief of Police to the governing body of the municipality.
This expenditure meets the requirements of the statute in that the law enforcement
purpose is clear and this type of expenditure has not appeared in our budget at any
point.
ALTERNATIVES:
1. Advertise for Sealed Bids.
2. Not to replace the helmets which is not recommended. If the helmets are not
replaced there would be a significant officer safety issue by continuing to utilize
equipment that is out of warranty and with a known Kevlar strength reduction.
68 of 520
T1 _"1 4 11 7
4450 60th Avenue North
St Petersburg FL 33714
727- 526 -5451
W W W.SRTSUPPLY.COM
QUOTE
Entered By: HAD
Bill To: BOYNTON BEACH (P.D.), THE CITY Ship To: BOYNTON BEACH (P.D.), THE Crn
OF 100 EAST BOYNTON BEACH BLVD
FINANCE DEPARTMENT ATTN: LT BONAFAIR
100 E. BOYNTON BEACH BLVD, P. Boynton Beach FL 33435
Boynton Beach FL 33425
69 of 520
PRICES ARE EFFECTIVE FOR 30 DAYS FROM THE DATE OF QUOTE UNLESS O'THERW 1,5E QUOTED.
�P
Special Products Group
Special Products Group
2023 Corporate Drive
QUOTATION
Boynton Beach, FL. 33426
(561) 732 -0360
(561) 732 -0879 Fax
Boynton Beach Police Department
ATTN: Sergeant Phil Hawkins
Phone:
Fax:
Email:
In response to your inquiry, please consider the following proposal:
Terms: Net 30
Delivery:
Salesperson: Store
Date: August 30, 2012
A.um,k'
L 6d2
STYLE# DESGRIPTFQN 4TY UNIT 'PR10E EXT.EIVDED E)tP.112E5• `
Pricing per the Florida State Contract
"Body Armor (Protective Vests)"
Contract # 680- 850 -11 -1
Safariland / Protech
774MC Helmets: Protech Delta 4 Mid -Cut 24 $324.80 $7,795.20 1131/2014
w /Mesh Crown, Color: OD Green
1089867 Drilled for ITT Night Vision Monocular 24 $10.00 $240.00 1/31/2014
ITT -MP ITT Night Vision Mounting Plate (front) 24 $25.00 $600.00 1131/2014
MBN Mounting Bolt and Not for Plate 24 $8.00 $192.00 1/31/2014
HRS Helmet Rail System (left and right side) 24 $85.00 $2,040.00 1/31/2014
Velcro Pad on helmet 24 $10.00 $240.00 1/31/2014
Shipping 1 $105.00 $105.00 1/31/2014
TOTAL: 1 $11,212.20
ARMOR - Concealment + Tactical: ABA, Safariland, Protech, Savvy,Second Chance,
UNIFORMS: 5.11 Tactical, Fechheimer, Blauer, Southeastern, Liberty,and more.
LESS THAN LETHAL PRODUCTS: Defense Technology
EQUIPMENT: Duty Gear, Boots, Flashlights, Badges, Rainwear, Gloves, Badge Wallets, and MORE!
EMBROIDERY: Our expert staff can enhance your Jackets, Polo Shirts, Uniform Shirts, etc.
www.SpecialProduGtsGroup.com or www.ShopSPG.com
PRICES ARE VALID ONLY FOR ONE ORDER OF QUANTITY STATED & SHIPPED TO ONE LOCATION
Due to Credit Card Fees, Special Products Group does not accept credit card payments for invoices generated by bids, quotes, or
contracts in excess of t m hundred dollars. Exceptions to this policy must be authorized in writing on an individual basis by SPG.
All quotes shall be subject to acceptance by Special Products Group at Boyrdon Beach Principle Office.
70 of 520
O
h
U1
IV
O
TACTICAL
PRODUCTS
,•at GROUP
Tactical Products Group, Inc.
601 N. Congress Ave., Suite 305
Delray Beach, Florida 33445 USA
Tel: 561 - 265 -4066 1 Fax: 561- 265 -4061
Quote Presented To
Name: John Bonafair
Company /Agency: Boynton Beach Police Dept
Add ressl :
Address2:
City, State, Lip: Boynton Beach
Country: USA
Telephone: 561 -386 -6680
Email: Donafa1-j@hbf!..us
quotation
Quotation Date: August 27, 2012
Expiration Date: October 27, 2012
Quotation Number: BBPD -036
Customer ID: BBPD
Payment Terms: Net 30
Delivery Date: 30 Days ARO
Shipping Method: Local Pickup
TPG Point of Contact (POC)
Name: Andres Lopez -Munoz
Title: VP
Telephone: 561- 265 -4066
Email: andresCatacprogroup.com
Q uantity
Item # , 18kU .'
!Desert tine,
Unit Price
:Line Total
24
A -SOAH1
Spec Ops Assault Helmet, with rail assembly and NVG mount
available in Black, OD Green, or Tan, Sizes M -XL
$ 575.00
$ 13,800.00
0UULVLd1i q1 4J,OV VeVV
Shi ing: $
TtlC Ali
• $ 13,800.00
Conditions of Sale:
1 All sales are final. The special order items above are non - returnable.
2 Customer's FFWD is solely responsible for shipment. Call TPG for shipping quote if interested.
3 Payment via credit card, wire transfer or company check.
4 Customer is responsible for all duties, taxes, and import/export fees and formalities, as applicable.
5 To accept this quotation, please sign /date below and return to the TPG POC listed above.
Signature:
Date:
6. C
CONSENT AGENDA
September 18, 2012
r '
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: September 18, 2012
NATURE OF
AGENDA ITEM
❑
OPENINGS
❑
PUBLIC HEARING
❑
OTHER
❑
CITY MANAGERS REPORT
El
ANNOUNCEMENTS /PRESENTATIONS
El
UNFINISHED BUSINESS
❑
ADMINISTRATIVE
❑
NEW BUSINESS
®
CONSENTAGENDA
❑
LEGAL
❑
BIDS AND PURCHASES OVER $100,000
❑
FUTURE AGENDA ITEMS
❑
CODE COMPLIANCE AND LEGAL
SETTLEMENTS
REQUESTED ACTION BY CITY COMMISSION: Approve the purchase of 24 Mayflower heavy vests
(bullet proof vests worn by the SWAT Team) from Velocity Systems, LLC of Dulles, VA in the
amount of $44,280.00 as a sole source purchase and to make payment from the State Law
Enforcement Trust Fund.
EXPLANATION OF REQUEST: The Police Department is requesting to purchase 24
Mayflower heavy vests (bullet proof vests worn by SWAT Team) from Velocity Systems,
LLC (45064 Underwood Lane Unit B, Dulles, VA 20166) in the amount of $44,280.00.
These vests would be replacements for the current vests which the SWAT team uses as
part of their required equipment /uniform worn in the performance of their duties.
Velocity Systems, LLC is the only manufacturer and the master distributor of the
Mayflower Low - Profile Armor Assault Carrier ( LPAAC) which utilizes the patented
Velocity Systems SWIFT Clip System. (See attached Sole Source letter) The LPAAC is
manufactured in the continental United States and is made of 100% Berry complaint
goods. The SWIFT Clip system is the only patented system which allows the operator
to rapidly add or remove a chest rig with modular plastic buckles. The Mayflower 24
hour Assault Back Panel (ABP) is the only removable panel that accommodates
hydration kits, a pouch for night vision goggles and a removable emergency medical
pouch.
In addition to being the sole source provider, the SWAT team tested and evaluated the
vests and determined the Mayflower vest to be best suited for their application. The
Mayflower vest will include stand alone 4A ballistic plates in the front, back and sides.
72 of 520
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The current heavy vests we have
in stock were purchased in 2007. The manufacturer warranty has expired. The Kevlar
Material Data sheet states at higher temperatures the tensile strength is immediately
reduced by about 10 -20% and after some hours the strength progressively reduces
further. For example, at about 66C (150F) 10% reduction in strength occurs after 500
hours. Also there is an additional strength reduction from direct sun and UV light
exposure. Because the equipment has been maintained in the trunks of police vehicles,
we estimate the Kevlar has degraded approximately 25% since we acquired the vests in
2007.
If the heavy vests are not replaced there would be a significant officer safety issue by
continuing to utilize equipment that is out of warranty and with a known Kevlar strength
reduction.
FISCAL IMPACT: The $44,280.00 will be taken from the State Law Enforcement Trust
Fund account (691- 5000 - 590- 04 -25) which currently shows a balance of $301,469.68.
Florida State Statute 932.7055 provides that when a law enforcement agency seizes
property or currency pursuant to the state forfeiture statues, the proceeds are deposited
into a Law Enforcement Trust Fund. The funds may be expended for law enforcement
purposes upon request of the Chief of Police to the governing body of the municipality.
This expenditure meets the requirements of the statute in that the law enforcement
purpose is clear and this type of expenditure has not appeared in our budget at any
point.
ALTERNATIVES: Have police department change the type of vests being used by the
SWAT team and advertise for bid a different type of bullet proof vest.
73 of 520
NameI Address
.
I
Boynton Beach PD
Date Quote #
7126r',012 CM7- 26 -BBPD
Rep Project
Item Description Qty Total
VS -BB -LE -Kit _ - Boynton Beach Police Individual Officer Protection Kit - 24. - _ 44,280.00
VS- CMf -LPAAC MC Armor Asssolt Cattier
multi- Calu) -
VS- CBP -13A (Velocity Systems Concealment Cut Soft A.-mor Kevlar
Panels) .
- - VS -P34 1612,(Velocily.Sy Level III Stand Alone LevelIV ICW Harr]
Armor)
VS- P34 -66 (Velocity Systems Level III Stand Alone Level IV ICW Hard
Armor Side Plates)
VS -S8Rrq -RCP (Velocity Systems Soft Armor Bicep Protection Kevlar)
VS- SBBN -GRIV (Velocity Systems Soft Armor Groin Protection Kcvlar)
MF -C R -MP3 :MC (Mayflower I:.aw Fr forcement Shooter Chest Rig) -
V S- Mb' -BP -MC or VS- MP -AP -MC (Mayflower Assault Back Panel or 24
Hour Assault Pack)
Out- of-stale sale, exempt from sales tax - 0.00 .
Total $44,280.00
74 of 520
75 of 520
6. D
CONSENT AGENDA
September 18, 2012
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: September 18, 2012
NATURE OF
AGENDA ITEM
❑
OPENINGS
❑
PUBLIC HEARING
❑
OTHER
❑
CITY MANAGERS REPORT
El
ANNOUNCEMENTS /PRESENTATIONS
El
UNFINISHED BUSINESS
❑
ADMINISTRATIVE
❑
NEW BUSINESS
®
CONSENTAGENDA
❑
LEGAL
❑
BIDS AND PURCHASES OVER $100,000
❑
FUTURE AGENDA ITEMS
❑
CODE COMPLIANCE AND LEGAL
SETTLEMENTS
REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R12 -098 -
Approve and authorize signing of an Agreement for Water Service outside the City Limits with
Chuck Wong and Sou Mui Wong for the property at 1163 Highland Rd, Lantana, FL.
EXPLANATION OF REQUEST: Water service areas have been designated between the
County and local utilities. This was accomplished under agreement #85 -757 and
revised under City Resolution #00 -123, Palm Beach County Agreement R2000 -1534.
The property covered by this Agreement is located in unincorporated Palm Beach
County area outside of the City limits in our water service area north of Miner Rd
between N Seacrest Blvd and Federal Highway.
The property historically receives water from a well and the owner now requests that we
provide potable water in the future.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City is able to provide water to
the property resulting from water main improvements constructed by Palm Beach
County. The owner agrees to be responsible for all costs to provide service to the
owner's premises. No additional construction is required by the City to serve this
property.
FISCAL IMPACT: Customers outside the City limits pay an additional 25% surcharge
above the water rates charged to customers within the City.
76 of 520
ALTERNATIVES: Deny request to provide service. If service is denied the Consumptive
Use Permit could be subject to modification. The Utility Department is granted water
allocation under the South Florida Water Management District Consumptive Use Permit.
The current permit has limiting restriction #19 that states "The Permittee shall notify the
District within 30 days of any change in service area boundary. If the Permittee will not
serve a new demand within the service area for which the annual allocation was
calculated, the annual allocation may then be subject to modification and reduction ".
77 of 520
RESOLUTION NO. R12-
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING AND DIRECTING
EXECUTION OF AN AGREEMENT FOR WATER
SERVICE OUTSIDE THE CITY LIMITS AND COVENANT
FOR ANNEXATION BETWEEN THE CITY OF BOYNTON
BEACH AND CHUCK WONG AND SOU MUI WONG;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the subject property is located outside of the City limits, but within our
water and sewer service area, at 1163 Highland Road, Lantana, Florida (PCN: 00- 43- 45- 09 -08-
000 - 0760); and
WHEREAS, the parcel covered by this agreement includes a single - family home located
in unincorporated Palm Beach County portion of the City's utility service area; and
WHEREAS, the property historically receives water from a well and the owner now
requests that the City provide potable water in the future; and
WHEREAS, no additional construction will be required by the City to serve this
property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. The City Commission hereby authorizes and directs the Interim City
Manager to execute a Water Service Agreement between the City of Boynton Beach, Florida and
Chuck Wong and Sou Mui Wong, a copy of said Agreement is attached hereto as Exhibit "A ".
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this day of September, 2012.
78 of 520
CITY OF BOYNTON BEACH, FLORIDA
Mayor — Woodrow L. Hay
Vice Mayor — Mack McCray
Commissioner —
Commissioner — Steven Holzman
Commissioner — Marlene Ross
ATTEST:
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
79 of 520
Prepared by lad
remra to
Jamie wander
O'Kelley and Sorohan. Anode. < w LA 1.1,C
Z Lss.ien W.av
Sc i05
Maolsnd, F'L3 51
Prawn• afmiss I W NahrtAM Sn. 1A%TANA. R 11+1'-'
SPECUL 'MUM-0 nT D EED
T149 SpecW Spec' 1Warranlr Old Male this „gr 4 dac oP
WELLSFARGORANKI _ A—AS TRUST EEFORTILECERTIMATEHOLDERS OFHA"iCOF
A ICA ALTERtiA'tNE LDA?4 TRt7St ZOBL2 *MORTGAGE P..— ,S- TMOL:GH
CERTIRCATES, SERIES 2004 -2,
hereinafter called the grantor, and wlwse address is ? 10; Corporate Drive. plane. rY,
CHUCK YAO WONG. A .MarHrd Olive, S(>V , WOhC A 'rlarried 'Weptau
hereinafter steed tier gragim and wheal address et 8W.. Arrmta Laic, W ellingim FL, i:•, la.
W :That g�ttor, f� end in cwaldetsticxt of dx scar. of S s f.T] tbI tars, and Rh,_
1^0UO.ble eon WCFAAIOM receipt whereofis hrrcby acknowledged. by the`e preens &,e5 peal. bargain. sell.
alien, tamise, release. %- and conilrm IWO Vamee. atf shit certain JawJ .9irtuaw in Pidat Beach County.
Florirta. vs
5ro exhibit "A” attached hereto and i=rp n uei herein.
TOCKIWER wiah all the Imemerns, heredilaritenrs atxl appurrmances therein Minging nr ir.
arryurisa appenainin8. To Eia-e and to HOW. the same in Cec simple forever
And the p dntor hembt' covenatvs A Ith Sala: g9' jwt jw tk vrdinot is tswiully sleet of c17d l ard in
Pee simple; that the gta nor has Food ri8ht and Pawner Mhmrity to sell and convm said I-ed: that the grs :ta
hearty fidly- woTwis the ride w said facet and will defer the shat agamsl Ihr taro to claamc_ of ail perwnt'
claimine by. through or .vmkr the said grariwr.
TP a Cimttd5). ON * leaf prupert4 deacribod herelr, may rim re -%ll. record = 3CX : u RAl
tOrle"Etwe dUCl MEM OF alhelwlle "miler ritlelct Ilx Peal pmpcan• deuri herein wi:sin tn) tilts
f ?Amin execution of this Speeiai Warranty peed.
(W?fvever used herein the terms 'gnmor" and ;grantee' included an i!X pa; .Lies In this instrttment_
znd the heirs„ legal rapresenmtives and assigns of hWividuals, and the assi; ns of
conaration).
80 of 520
- cj ' and
IN WrrNM WHEREOF, ft 9 has U " d ft "e ln
UwmornQ duiv 2LOhmize'l, !}K day arl� YM
.VoraW Seal he barn nla a jTLt�. by r;s pri>kvr off�,
lira. aboa wilmn
INELLSFARIGOBANK-N-A A
FOR THE CERTIyFCATE340LDEWi Of BANC
0F.ALMEXICA, ALTERNATIVE LOAN TRUST
2904.7, MORTGAGE Jr<l.WjMGUGH
CERTIVICATE& SERIFS 2004 2
B
to BAC How L S.%-*bw Lp F
Coaafty-we H— ILA94 - %rrk-jar, LIP as ib
HAMICA MCSHAt4.A5 - i MCE PRESiLEKI`
Its:
{Affix Ccrl)"E W
MAK7
STATE OF
Ccq-NTY OF
The €a cgaing iwu=wt was icknoxvk*ed lz l Nblic, cm - J QILE
b
iiANHWAMCSHAN --.WhGwe to rm or sba have pr"'dwed
5; — Licerm. - or wM hart Pr td govevn
45.r.Ef":
an
81 of 520
Water Service Agreements Outside the City of Boynton Beach Limits
(Single Family Homes)
TO: APPLICANTS FOR WATER SERVICE OUTSIDE THE CITY LIMITS
(SINGLE FAMILY HOMES)
FROM: CITYOF BOYNTON BEACH UTILITIES DEPARTMENT
RE: WATER SERVICE AGREEMENTS
1. Please, all blanks (other than signatures) are to be typed
2. Sign the agreement (on p.3) and the Power of Attorney form
3. Have all signatures properly notarized on both forms, including the full names inserted in the notary's
statement.
4. Names in the blanks must match the owners' name as it appears on the deed.
0 Correct example: John R. Customer and Alice D. Customer
13 Incorrect example: John R and Alice D. Customer
5. Attach a survey and legal description (LABELED "EXHIBIT A"), or provide the property control
number.
6. Provide the name and address information requested below.
7. Return all documents to this office.
NOTE THAT OUR OFFICE WILL NEED AT LEAST ONE WEEK'S REVIEW TIME TO PROCESS
THIS APPLICATION, PRIOR TO US SCHEDULING IT FOR THE CITY COMMISSION METING.
THE TIME SHEDULE IS THEREFORE AT LEAST 3-4 WEEKS FROM DATE OF SUBMITTAL TO
DATE OF APPROVAL, DEPENDING UPON THE ACTUAL DATES FOR COMMISSION
MEETINGS. (THE COMMISSION MEETS ON THE 1 sT AND 3' TUESDAY OF EVERY MONTH)
Sincerely,
Anthony M. Penn
Customer Service Manager Utilities
Owners Information
Owner's Name: CHUCK WONG SOU MUI WONG
Mailing Address: 8447 ARIMA LANE WELLINGTON
FL
33414
Na & Street City
State
Zip Code
Telephone No.:L561) 313-8722
Property InAirmation:
Address: 1163 HIGHLAND ROAD LANTANA
FL
33462
No. & Street city
State
Zip Code
Property Control Number (PCN) 00- 43- 45 -09 -08 -000 -0760
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AGREEMENT FOR WATER SERVICE OUTSIDE CITY LINHTS
(individuals)
This Agreement, made on this 24 day of JULY 2012 , by and between:
CHUCK WONG SOU MUI WONG hereinafter called the "OWNER(S),"
M
THE CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida,
hereinafter called the "CITY."
WITNESSETH, the City and the Owner(s), in consideration of the mutual covenants
exchanged herein, agree as following:
1. Owner(s) represents and covenants that it owns the following described real property
(hereinafter "Property") located outside the boundaries of the City, but in the City's water
and wastewater service area:
2. The City agrees to provide Owner(s) with water services from the City water system only
as necessary to service the Property.
3. Owner(s) shall not use or supply water it receives from the City to service or benefit any
property other than the Property described in paragraph I above, unless written
permission is granted by the City of Boynton Beach.
4. The Property requires 11 ® 0 (specify number) Equivalent Residential Connection(s).
5. The Owner(s) agrees to pay all costs of engineering, material, labor, installation, and
inspection of the facilities as required by the City Code to provide service to the
Owner(s)'s premises.
6. The Owner(s) shall be responsible for installation and conformance with all applicable
codes, rules, and regulations of all service lines upon the Owner(s)'s premises and all such
lines shall first be approved by the Director of Utilities and subject to inspection by the
City Engineers.
7, The City shall have the option of either requiring the Owner(s) to use a licensed
contractor to perform the necessary work or the City may have the work performed in
which case the Owner(s) will pay in advance all estimated costs thereof. In the event the
City has such work performed, the Owner(s) will also advance to the City such additional
funds as may be necessary to pay the total actual costs of providing the work.
8. Any water main extension made under the Agreement shall be used only for the
Owner(s), unless written permission is granted by the City of Boynton Beach for other
party or parties to connect pursuant to the Code of Boynton Beach.
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9. Ownership and title to all mains, extensions, and other facilities extended from the City
Water Distribution System to and including the metered service to Owner(s) shall be
vested in the City exclusively.
10. The Owner(s) agrees to pay all charges, deposits, and rates for service and equipment in
connection with water service outside the City limits applicable under City Ordinances
and rate schedules which are now applicable or as may be changed from time to time.
11. Owner(s) shall pay a twenty-five percent (25%) surcharge on all water use charges to the
Property.
12. Any rights-of-way or easements needed by the City to provide water to the Property shall
be provided by the Owner(s) and at the Owner(s)'s expense.
13. It is understood by the Owner(s), and shall be binding upon the Owner(s), his transferees,
grantees, heirs, successors, and assigns, that all water to be furnished, supplied, and sold
under this Agreement is made available from surplus. If the surplus does not exist at the
time of Owner(s)'s actual request for commencement of service, as determined by the
City's Director of Utilities, then this CITY, without liability, may refuse to initiate service
to the subject premises.
14. The Owner(s) further agrees in consideration of the privilege of receiving water service
from said City, that the execution of this Agreement is considered to be a voluntary
Petition for Annexation pursuant to Section 171.044 of the Florida Statutes or any
successor or amendment thereto. Furthermore, should any other general law, special act,
or local law be enacted which provides for voluntary or consensual annexation, this
Agreement shall also be considered a request by the Owner(s) for annexation under such
other laws. The Property shall be subject to annexation at the option of the City at any
time they are eligible under any one or more of the above-referenced laws concerning
annexation. Owner(s) will inform any and all purchasers of any or part of this property of
this voluntary petition for annexation and its applicabilities to such purchasers.
15. The Owner(s) acknowledges that this covenant for annexation is intended to be and is
hereby made a covenant running with the land described in "Exhibit A," attached hereto
and made a part hereof. This Agreement is to be recorded in the Public Records of Palm
Beach County, Florida, and the Owner(s) and all subsequent transferees, grantees, heirs,
or assigns of Owner(s) shall be bound by this Annexation Agreement.
16. It is agreed that the City shall have no liability in the event there is a reduction,
impairment, or termination in water service to be provided under this Agreement due to
any prohibitions, restrictions, limitations, or requirements of local, regional, state, or
federal agencies or other agencies having jurisdiction over such matters. Also, the City
shall have no liability in the event there is a reduction, impairment or termination of water
service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other
casualties, or other circumstances beyond the City's reasonable control.
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17. The Owner(s) hereby agrees to indemnify, defend and hold harmless the City of Boynton
Beach, Florida, its Mayor Members of City Commission, officers, employees, and agents
(both in their individual and official capacities) from and against all claims, damages, law
suits and expenses including reasonable attorneys' fees (whether or not incurred on appeal
or in connection with post judgment collection) and costs rising out of or resulting from
the Owner(s)'s obligation under or performance pursuant to this Agreement, including
disputes for breach of warranty of title.
18. It is understood by Owner(s) and by the City that the attached site plan "Exhibit B" has
been reviewed by the City of Boynton Beach for compatibility with the City's
comprehensive plan as it relates to land use and density, found to be generally acceptable
to the City and is to be the guide for development of this subject land. In the event that
the site plan is not approved, there shall be no commitment on the part of the City to
serve Owner(s) if a subsequent site plan results in a change in land use, density or an
increase in equivalent residential connections.
19. No prior or present agreements or representations shall be binding on any of the parties
hereto unless incorporated in this Agreement. No modifications or change in this
Agreement shall be valid upon the parties unless in writing executed by the parties to be
bound thereby.
20. The Owner(s) warrants to the City that Owner(s) holds legal and beneficial title to the
property which is the subject of this Agreement.
21. In the event of a sale of the property by Owner(s), Owner(s) agrees to provide written
notice of the existence of this Agreement to the buyer of the property prior to or in
conjunction with the closing of the sale transaction.
01W 4 1 11
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AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LI1VHTS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
CHUCK WONG SOU MLJI WONG JINSET NAME)
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this
day of 1-07,1 2 0 15 --
mm==
Printed Witness Name
STATE OF Vi ty"I h
COUNTY Oilh ss:
INDIVIDUAL(S) AS OWNER,. � .
(S) :
Owner Signature V
C"
Printed Owner Name
Plc�
Owner Signature
Printed Owner Name
G:\Water Service Agreements\WSR (Indivual) rev 092211.doc
MEAM
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" 'X I j Z . I I t I I
CITY OF BOYNTON BEACH AND
CKX c ����.�SERT
ro-A ton [! rmvejj $10 F-1
By:
Lori LaVerriefe, Interim Cit M anager
ATTEST:
City Clerk
(SEAL)
Approved as to Form:
City Attorney
STATE OF FLORIDA
)ss:
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County, aforesaid to take Manager and acknowledgments, personally appeared Lo
LaVerriere, Interim City - gme ar Lori
I City Clerk
respectively, of the City named in the foregoing agreement and that they severally acknowledged
executing same in the presence of two subscribing witnesses freely and voluntarily under authority
duly vested in them by said City and that the City seal affixed thereto is the true corporate seal
affixed thereto is the true corporate seal of said City.
WITNESS my hand and official seal in the County and State last aforesaid this — day of
,200
(Notary Seal)
Notary Public
MY Commission Expires:
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IRREVOCABLE SPECLAL POWER OF ATTORNEY
(Byln&viduals)
ZeTri Zft � VA 0 Z 0 IMEW; I
PCNNo.- 0043-454"34"60
"
The powas and authority of my atkancy, THE CrrY OF BOYNTON BEACH,
FLORIDA, shan ommence and be in &D fm= and effect on the .. 24 day of
•
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IN WITNESS WHEREOF, we have hereunto set our hands and seals the 10' day of
AUOL)� —, in the year 200.
'j
Sealed and delivered in the presence of
Owner Signature
0 /1 7
Print Name
GOLA
Owner Signature
u k W 0 n
Print Name 7-7-
STATE OF FLOAIDA
) SS:
COUNTY OF PALM BEACH
My Commission Expires:
Commission No. .E F,
SACAMMMWater Servicc\power of atty.doe — 1-6-06
H:1l990\900182.BB\AGNfIVowerofAttomey-Ind 1.6-06.doe
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6. E
CONSENT AGENDA
September 18, 2012
r '
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: September 18, 2012
NATURE OF
AGENDA ITEM
❑
OPENINGS
❑
PUBLIC HEARING
❑
OTHER
❑
CITY MANAGERS REPORT
El
ANNOUNCEMENTS /PRESENTATIONS
El
UNFINISHED BUSINESS
❑
ADMINISTRATIVE
❑
NEW BUSINESS
®
CONSENTAGENDA
❑
LEGAL
❑
BIDS AND PURCHASES OVER $100,000
❑
FUTURE AGENDA ITEMS
❑
CODE COMPLIANCE AND LEGAL
SETTLEMENTS
REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R12 -099 -
Approve the temporary road closing of Federal Highway on December 1, 2012 for the Holiday
Parade and authorize the City Manager (or designee) to apply for the state permit for the
temporary road closure.
EXPLANATION OF REQUEST: Approve the temporary road closing on December 1, 2012
for the Holiday parade and authorize the City Manager (or designee) to apply for state
permits for temporary road closing of Federal Highway from Boynton Beach Boulevard
south to Woolbright Road for the annual Holiday Parade.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The annual Holiday Parade is
scheduled to take place on Saturday, December 1, 2012 at 5 traveling north on
Federal Highway in the southbound lane. It will be necessary to temporarily close
Federal Highway beginning at 2 on December 1, 2012 from Boynton Beach
Boulevard south to Woolbright Road to provide for the safety of the participants and
citizens who attend this event. Pursuant to Chapter 14 -65, Florida Administrative Code,
the Florida Department of Transportation requires local governments to submit a
Request for Temporary Closing /Special Use of State Road along with a Resolution
authorizing the special event. The permit for the temporary road closing will be denied
without the Resolution.
FISCAL IMPACT: None.
ALTERNATIVES: Cancel the annual Holiday Parade.
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RESOLUTION NO. R12 -
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING THE TEMPORARY CLOSING
OF FEDERAL HIGHWAY ON DECEMBER 1, 2012, FOR
THE ANNUAL HOLIDAY PARADE AND AUTHORIZING
THE INTERIM CITY MANAGER OR HER DESIGNEE TO
APPLY FOR STATE PERMITS FOR THE TEMPORARY
ROAD CLOSING; PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach's annual Holiday Parade is scheduled to be held
on Saturday, December 1, 2012 at 5:00 p.m.; and
WHEREAS, in order to provide for the safety of the participants and citizens attending
the Holiday Parade, Federal Highway will be required to be closed from Boynton Beach
Boulevard south to Woolbright Road beginning at 2:30 p.m.; and
WHEREAS, the Florida Department of Transportation requires the local government to
authorize all temporary road closures on state roadways; and
WHEREAS, the City Commission of the City of Boynton Beach desires to authorize the
temporary closing of Federal Highway from Boynton Beach Boulevard south to Woolbright
Road on December 1, 2012, to provide for the safety of the participants and citizens attending the
Holiday Parade; and
WHEREAS, the Interim City Manager is authorized to apply for the permit for
temporary closing of state roads for special events, pursuant to Chapter 14 -65, Florida
Administrative Code, for said temporary closings;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, THAT:
Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby
ratified and confirmed by the City Commission
Section 2. That the City Commission of the City of Boynton Beach authorizes the
temporary closing of Federal Highway from Boynton Beach Boulevard south to Woolbright
Road commencing at 2:30 p.m. on Saturday, December 1, 2012, for the annual Holiday Parade.
Section 3. The Interim City Manager (or her designee) is hereby authorized to apply
for permits from the Florida Department of Transportation pursuant to Chapter 14 -65, Florida
Administrative Code, for said temporary closings.
Section 4. That this Resolution will become effective immediately upon passage.
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PASSED AND ADOPTED this day of September, 2012.
CITY OF BOYNTON BEACH, FLORIDA
Mayor — Woodrow L. Hay
Vice -Mayor — Mack McCray
Commissioner —
Commissioner — Steven Holzman
Commissioner — Marlene Ross
ATTEST:
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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Holiday Parade Route Map
Legend
Rork -o -lets
ob Tower Lights
SM Parade Disbursement
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6. F
CONSENT AGENDA
September 18, 2012
r '
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: September 18, 2012
NATURE OF
AGENDA ITEM
❑
OPENINGS
❑
PUBLIC HEARING
❑
OTHER
❑
CITY MANAGERS REPORT
El
ANNOUNCEMENTS /PRESENTATIONS
El
UNFINISHED BUSINESS
❑
ADMINISTRATIVE
❑
NEW BUSINESS
®
CONSENTAGENDA
❑
LEGAL
❑
BIDS AND PURCHASES OVER $100,000
❑
FUTURE AGENDA ITEMS
❑
CODE COMPLIANCE AND LEGAL
SETTLEMENTS
REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R12 -100 -
Accept the report from the Affordable Housing Advisory Committee amending the City's Local
Housing Assistance Plan
EXPLANATION OF REQUEST: A public meeting of the Affordable Housing Advisory
Committee was conducted on September 5, 2012 to review changes to the State
Housing Initiatives Partnership (SHIP) Program, Local Housing Assistance Plan
(LHAP). Recommended changes to the plan are as follows:
Decrease the amounts of the award for the Purchase Assistance strategy from
$60,000, $50,000, and $25,000 for Very Low, Low, and Moderate Income
Households to $10,000, $7,000, and $5,000 respectively
2. Decreased the maximum purchase price for new /existing homes from $235,200
to $211,375, matching the Palm Beach County program.
3. Deleted the Shared Equity and Agreement for First Right of Refusal clauses from
the Purchase Assistance strategy.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? At the present time, the Florida
Housing Finance Corporation, the regulators of the State Housing Initiatives Partnership
Program, have placed a moratorium on the use of SHIP funding for first time
homebuyers that are building new construction. If funds were available, they would be
restricted to assist with the purchase of existing housing stock only. Should budget
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funds be restored at the State level, this plan keeps the City in compliance, enabling a
reintroduction of the program assisting first time homebuyers with affordable housing.
FISCAL IMPACT: None. Staff has offset the loss of SHIP funding by utilizing HUD
Community Development Block Grant and Neighborhood Stabilization Program funds
for housing efforts.
ALTERNATIVES: N/A
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RESOLUTION R12-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING
THE STATE HOUSING INITIATIVES PARTNERSHIP
(SHIP) PROGRAM LOCAL HOUSING ASSISTANCE
PLAN (LHAP) AS CONTAINED IN THE REPORT OF
THE AFFORDABLE HOUSING ADVISORY
COMMITTEE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, a public meeting of the Affordable Housing Advisory Committee was
conducted on September 5, 2012 to review changes to the State Housing Initiatives
Partnership (SHIP) program, Local Housing Assistance Plan (LHAP); and
WHEREAS, upon the recommendation of staff, the City Commission deems it to be
in the best interests of the citizens and residents of the City of Boynton Beach to amend the
City's State Housing Initiatives Partnership Program Local Housing Assistance Plan as
contained in the report of the Affordable Housing Advisory Committee.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are true and correct and are hereby
ratified and confirmed by the City Commission.
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
amends the City's State Housing Initiatives Partnership Program Local Housing Assistance
Plan by decreasing the amounts of the award for the Purchase Assistance Strategy from
$60,000, $50,000 and $25,000 for very low, low and moderate income households to
$10,000, $7,000 and $5,000 respectively; decrease the maximum purchase price to $211,375;
and deleting the Shared Equity and Agreement for First Right of Refusal clauses from the
Purchase Assistance strategy, a copy of which is attached hereto as Exhibit "A ".
Section 3. This Resolution shall become effective immediately upon passage.
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PASSED AND ADOPTED this day of September, 2012.
CITY OF BOYNTON BEACH, FLORIDA
Mayor — Woodrow L. Hay
Vice Mayor — Mack McCray
Commissioner —
Commissioner — Steven Holzman
Commissioner — Marlene Ross
ATTEST:
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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Me AkTl
Brenda Cornelius, Affordable Housing Administrator
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I. PROGRAM DESCRIPTION:
A. Name of the participating local government and Interlocal if Applicable:
[41111 VK91 MOW 111
Interlocal: Yes No X
Name of participating local government(s) in the Interlocal Agreement;
B. Purpose of the program:
Creation of the Plan is for the purpose of meeting the housing needs of the very low, low
and moderate income households, to expand production of and preserve affordable
housing, to further the housing element of the local government comprehensive plan
specific to affordable housing.
C. Fiscal years covered by the Plan:
11111INWINIM ,II 11-111•0E IMMKO3116 - flKQLTA i MI
Statutes and C apter b/-J/.UU/ Horida Administrative Loa. I he SAIP Program d
further the housing element of the local government Comprehensive Plan.
- 2 -
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Local Housing Partnership:
SHIP Program encourages building active partnerships between government, lenders,
builders and developers, real estate professionals, advocates for low-income persons ant,
community groups.
The City of Boynton Beach continues its partnerships with the following agencies:
Liaison between the Cit and its awlicants, ireiarin
include the assembling of necessary documentation.
ATMIP'tUMMATIRST-45-113A aww"WAR-1-Am'
Wo TwftteTaice.
the City of Boynton Beach. This Agency provides self-sufficiency programs that
encourage education, job training, and home ownership as one of its priorities.
cost of producing Affordable Housing. This effort compliments the City's effort to
m�m-t-x M�W_-V XW,%XA-?-M2-tT
dream of homeownershi c. And whenever funding is available theijbavL mrovided
down payment assistance for first time homebuyers.
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G. Public Input:
I
n vas
solicited through the local newspaper in the advertising of the Local Housing
Assistance Plan and the Notice of Funding Availability.
"M W a-m-
41M 1 0 -71MM&I -M I
local neighborhood associations.
WOMWI RJ
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WNW
availability is required.
MI Is
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I-Mal A - V J9FMRTWi=VJPMV2'W . I I .
well as the lobbies of participating non-profits. Staff also participates in local
homebuyer fairs and workshops.
Discrimination:
In accordance with the provisions of ss.760,20-760.37, it is unlawful to discriminate on
the basis of race, creed, religion, color, age, sex, marital status, familial status, national
origin, or handicap in the award application process for eligible housing.
Fair Housing Project in an effort to deter discrimination in housing.
Support Services and Counseling:
I e .— are available .--- --- es. Available support services
include but are not limited to Homeownership Counseling (Pre and Post), CrIec
Counseling, Tenant Counseling and Transportation.
t #HW
Goals Charts.
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IN IN 11 1 ^ ' N . I
Finance Corporation and changes in the local real estate market.
UNRI Me WON MM, Orelah M-4fims 0; 9 re
can afford mortgage payments in excess of the 30% benchmark.
The City of Boynton Beach does not have a rental strategy.
M. Welfare Transition Program:
Should an eligible sponsor be used, the city/county has developed a qualification system
and selection criteria for applications for Awards to eligible sponsors, which includes a
description that demonstrates how eligible sponsors that employed personnel from the
Welfare Transition Program will be given preference in the selection process.
to continuing our partnership of leveraging SHIP funds with the local Housing
Authorities "Self-Sufficiency Program" located in Palm Beach County, and the
Workforce Development Program of Palm Beach County.
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Eligible sponsors that offer rental housing for sale before 15 years or that have remaining
mortgages funded under this program must give a first right of refusal to eligible nonprofit
organizations for purchase at the current market value for continued occupancy by eligible
persons.
fizn. :. . =YOMMM MITIMMIT-TIM.
O. Administrative Budget:
A detailed listing including line-item budget of proposed Administrative Expenditures is attached
as Exhibit A. These are presented on an annual basis for each State fiscal year submitted.
P. Program Administration:
Administration of the local housing assistance plan is the responsibility of the city.
Should a third party entity or consultant contract for all of part of the administrative or
other functions of the program provide in detail the duties, qualification and selection
criteria.
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Essential Service Personnel:
Define in accordance with Rule Chapter 67-37.002(8)F.A.C. and Chapter 67-37.005(8),
F.A.C. and Section 420.9075(3)(a) FS.
The City of Boynton defines Essential Service Personnel as persons in need of
affordable housing who are employed in but are not limited to the following areas:
II. LHAP HOUSING STRATEGIES:
NOTE: Include a sevarate strateev for Disaster Mitigation
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d. Maximum award is noted on the Housing Delivery Goals Charts:
Extremely Low/Very Low ..................................................... $10,000
Low ............. .................................. ............... ...................... - $7,000
Moderate ............................................................................... $5,000
e. Terms, Recapture Program Income and Default.
-31WMMMMM��
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i s INTFif; in HTWFUT-W.W-4 W lot
of
to be used in addition to the amount • assistance provided. The exception to this
terrtination. The LTV`s must be adhered to.
At
retardation, Down syndrome, cerebral palsy, or spina bificla will receive priority.
g. Sponsor Selection Criteria, if applicable:
Include qualification system and selection criteria for applications for Awards tok
eligible sponsors.
2. Name
• the Strategy: HOUSING REHABILITATION
Sm fiprfll�. detached housjpX rehabilitation and/or emergency repair
a. Summary of the Strategy:
b. Fiscal Years Covered:
C. Income Categories to be served:
Extremely-Low, Very-Low, Low, and *Moderate-income Households.
*Moderate income residents will be considered only for life threatening emergency
repairs.
211Z
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Extremely Low Income Households ..................................... $50,000
Moderate-income Households .......................................... *$20,000
L Terms, Recapture, Program Income and Default:
Include terms of recapture in the event of default (failure to make required
payments on a loan secured by a first mortgage which leads to foreclosure and/or
loss of property ownership).
e. Recipient Selection Criteria:
Sponsor Selection Criteria, if applicable:
Include qualification system and selection criteria for applications for Awards to
-11-
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Ma. - .
MMMMZ���
Name of the Strategy: DISASTERRELIEF
a. Summary of the Strategy:
C. Income Categories to be served:
e e 1 House o
MR
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d. Maximum award is noted on the Housing Delivery Goals Charts:
$10,000.
Terms, Recapture and Default. Include terms of recapture in the event of default
(failure to make required payments on a loan secured by a first mortgage which
leads to foreclosure and/or loss of property ownership).
funds used for disaster relief. In the event the City Of Boynton Beach Receives
reimbursement from federal or state sources, such repaid funds will be utilized in
disbursed.
f. Recipient Selection Criteria:
9. Sponsor Selection Criteria, if applicable:
Include qualification system and selection criteria for applications for Awards
to eligible sponsors.
e urcnase oy emergencl-31 ppAegnTITTM L
.epairs, as well as assistance with insurance deductibles.
a. Summary of the Strategy:
I 11931,11441T.TJ
M
L 9PEUrrp T�e funds are for ownell
Im
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Zzar-W-Friffn M., 19
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Income Categories to be served:
Extremely-Low, Very-Low, Low, and Moderate Income Households.
d. Maximum award is noted on the Housing Delivery Goals Charts:
$7,500.
e. Terms, Recapture, Program Income and Default.
Include terms of recapture in the event of default (failure to make required
payments on a loan secured by a first mortgage which leads to foreclosure and/or
loss of property ownership).
Recipient Selection Criteria:
for determination of eligibility at any time. Applicants are require to provil e
documentation requested for income, eligibility, and qualification eter inati
.JjaW&
to family size. If the applicant has funds that exceed the $15,000 maximum and
a "I
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I . ITIMMIOROW, IMORMC, -4 T -
retardation, Down syndrome, cerebral palsy, or spina bificla will receive priority,
9. Sponsor Selection Criteria, if applicable:
Include qualification system and selection criteria for applications for Awards to
eligible sponsors.
association fees, and other associated costs.
MMMMR� R
purchase of hurricane shutters, Aluminum storm !2anels will be suMided unless t
applicant is elderly or physically impaired. In this case, accordion shutters will
installed on the property.
IPM
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.. 1" 1 1
ta q 1 4 4'
hPJ1'UkWiW&- 11111
loss of property ownership).
f, Recipient Selection Criteria:
retardation, Down syndrome, cerebral palsy, or spina bifida will receive priority.
9. Sponsor Selection Criteria, if applicable:
Include qualification system and selection criteria for applications for Awards
to eligible sponsors.
h. Additional Information:
MA MOMFITZKHMOTHNF. Me [rimm 1 11 P 9 0 6 0
completion of installation.
211-21
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M. LHAP INCENTIVE STRATEGIES
In addition to Strategy A and Strategy B listed below, list all incentives as provided in
420.9076(4) FS.
A. Name of the Strategy: Expedited Permitting
Permits as defined in s. 163.3164(7) and (8) for affordable housing projects are expedited to a
greater degree than other projects.
IMM1104 - 4 # 4 4 1 4
B. Name of the Ongoing Review Process
that increase the cost of housing prior to their adoption.
I a R* f' f
no changes needed.
The Expedited process of permits for Affordable Housing Projects.
The modification of impact fee requirements including reduction of waiver of fees and other
methods of fee payment for affordable housing.
The allowance of increased density levels for affordable housing. (Comprehensive Plan,
Housing Element, Policy 6.1.3)
-17-
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i ne nolsing eiemeni i prot - -1; - - - jx�� �Lc
density to encourage the provision of affordable housing. The City's Planning and Zoning Department
TR "O""N im"I W "N 10 111161 61 "1 W"11 " N
physical environment, site constraints, and concurrency management requirements.
The reservation of infrastructure capacity for housing for very-low income and low-income
persons.
. - - W 9
within the CDBG target area. This assumption regarding roads, utilities and recreation is based on
available acreage and density limits of the Future Land Use Map of the Comprehensive Plan. State
once we reach 90% capacity.
The allowance of affordable accessory residential units in residential districts.
MEL=
as needed.
The reduction of parking and setback requirements for affordable housing.
k INNI I
modifications to current regulations governing this issue.
Setback requirements in the targeted area require a frontage of 25 feet. The city has in the past worked
effectively with developers in an effortto design and produce units that have dealtwith this effortwithout
causing any adverse effect on affordable housing. The City will maintain this flexible practice with dealing
with this issue on a case-by-case basis as needed.
The allowance of zero lot-line configurations f o r a ffordable housing.
0 W I W 11 1 11 1 1 0
enough to accommodate desired development of affordable housing.
The modification of street requirements for affordable housing.
elm
115 of 520
The establishment of a process, which the City of Boynton Beach considers, before the
adoption of any new legislation that may increase the cost of housing.
will review anv and all policies,,procedures, ordinances re -ulations, and plan provisionsto determine wha
effects if any they may have on the cost of producing affordable units prior to their passage. The City
comment on any impact it may have on affordable housing.
The preparation of printed inventory of locally owned public lands suitable for affordable
housing.
has resulted in considerable cost saving in the production of affordable units.
A. Administrative Budget for each fiscal year covered in the Plan. Exhibit "A".
B. Timeline for Encumbrance and Expenditure: Chapter 67-37.005(6)(d) and 09 F.A.C.
A separate timeline for each fiscal year covered in this plan is attached as Exhibit '13'.
Program funds will be encumbered by June 30 one year following the end of the
applicable state fiscal year. Program funds will be fully expended within 24
months of the end of the applicable State fiscal year.
5VT
116 of 520
Based iri io .
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119 of 520
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121 of 520
122 of 520
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124 of 520
l An interlocal entity shall have its local housing assistance trust fund separately
audited for each state fiscal year, and the audit forwarded to the Corporation as soon as
possible.
(14) SHIP funds will not be pledged for debt service on bonds or as rent subsidies.
(15) Developers receiving assistance from both SHIP and the Low Income Housing Tax Credit
(UHTC) Program shall comply with the income, afforclability and other UHTC requirements.
Similarly, any units receiving assistance from other federal programs shall comply with all
Federal and SHIP program requirements.
(16) Loans shall be provided for periods not exceeding 30 years, except for deferred
payment loans or loans that extend beyond 30 years which continue to service eligibiz
persons.
% 1 17) Rental Units constructed or rehabilitated with SHIP funds shall be monitored at least annually
for 15 years for compliance with tenant Income requirements and affordability requirements
or as required In Section 420.9075 (3)(e)
(18) The Plan meets the requirements of Section 420-907-9079 FS, and Rule Chapter 67-37 FAC,
and how each of those requirements shall be met.
(1 9) The provisions of Chapter 83 Laws of Florida — has or X has not been
Implemented. (note: i®i Dade countV w1I check 'hoe)
[1101 M a a M"i 7 7;
Type Name and Title
Attest
(Seal)
27�11�
2
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EXHIBIT
126 of 520
FTWUN J I "j
STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM
INFORMATION SHEET
. . . . . . . . . . .
LoCAL City Of Boynton Bea&
CHIEF ELECTED OFFICIAI: Woodrow Hay, Mayor
ADDRESS:
1 900 E. Boynton Beach Blvd., Boynton Beach, Florida 33435
SHIP ADMINISTRATOR:
Brenda Cornelius, Affordable Housing Administrator
ADDRESS:
100 E. Boynton Beach Blvd., Boynton Beach, Florida 33435
TELEPHONE:
(561) 742-6066 FAX: (5611742- 9
EmAIL ADDRESS:
corneflusb@bbfl._qs
ADDITIONAL SHIP CONTACT:
Octavia S. Sherrod, Community Improvement Manager
ADDRESS:
100 E. Boynton each Blvd., Boynton Beach, Florida 33435
EMAIL ADDRESS:
qb=Q0-0@bbf1.us
lNTEPLOCAL AGREEMENr
NO
THE FOLLOWING INFORMATION
MUST BE FURNISHED TO THE CORPORATION BEFORE ANY FUNDS CAN BE
DISBURSED.
LOCAL G*VERNMENIT EMPLOYER FEDERAL I. D. NUMBER: 59-6000-282
MAIL DISBURSEMENT TO:
City Of Boynton Beach, Community Improvement Division
ADDRESS:
100 E. Boynton Beach Blvd., Boynton Beach, Florida 33435
OR: IF YOUR FUNDS ARE ELECTRONICALLY TRANSFERRED PLEASE COMPLETE THE ATTACHED FORM:
0 ISIO CHANGE FROM PREVIOUS ELECTRONIC FORM SUBMITTED.
PLEASE RETURN THIS FORM TO:
SHIP PROGRAM MANAGER, FHFC
227 N. BRONOUGH STREET, SUITE 5000
TALLAHASSEE, FL 32301
FAX: [8501922-7253
127 of 520
6. G
CONSENT AGENDA
September 18, 2012
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: September 18, 2012
NATURE OF
AGENDA ITEM
❑
OPENINGS
❑
PUBLIC HEARING
❑
OTHER
❑
CITY MANAGERS REPORT
El
ANNOUNCEMENTS /PRESENTATIONS
El
UNFINISHED BUSINESS
❑
ADMINISTRATIVE
❑
NEW BUSINESS
®
CONSENTAGENDA
❑
LEGAL
❑
BIDS AND PURCHASES OVER $100,000
❑
FUTURE AGENDA ITEMS
❑
CODE COMPLIANCE AND LEGAL
SETTLEMENTS
REQUESTED ACTION BY CITY COMMISSION: Accept the written report to the Commission for
purchases over $10,000 for the month of August 2012.
EXPLANATION OF REQUEST: Per Ordinance No.01 -66, Chapter 2, Section 2 -56.1
Exceptions to competitive bidding, Paragraph b, which states: "Further, the City
Manager, or in the City Manager's absence, the Acting City Manager is authorized to
execute a purchase order on behalf of the City for such purchases under the $25,000
bid threshold for personal property, commodities, and services, or $75,000 for
construction. The City Manager shall file a written report with the City Commission at
the second Commission meeting of each month listing the purchase orders approved by
the City Manager, or Acting City Manager. Below is a list of the purchases for August
2012:
Purchase Order V
Vendor A
Amount
120873 C
CDM Smith, Inc. $
$ 18,500.00
120889 C
Com byte USA $
$18,891.79
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Ordinance No.01 -66, Chapter 2,
Section 2 -56.1 assists departments in timely procurement of commodities, services, and
personal property. Administrative controls are in place with the development of a
special processing form titled "Request for Purchases over $10,000" and each purchase
request is reviewed and approved by the Department Director, Purchasing Agent, and
City Manager.
128 of 520
FISCAL IMPACT: This Ordinance provides the impact of reducing paperwork by
streamlining processes within the organization. This allows administration to maintain
internal controls for these purchases, reduce the administrative overhead of processing
for approval, and allow for making more timely purchases.
ALTERNATIVES: None
129 of 520
CITY OF BOYNTON BEACH
APPRVED REUESTS FR PURCHASES VER $1,
0 O Q • O 0000 FOR AUGUST 2012
Requesting Department: Utilities
Brief Description of Purchase:
Analysis and revision of cap fees to a more simplified process.
Source for Purchase: Three Written Quotes
Purchase Amount:
Contact Person: Michael Low
Date: 8/1/12
Fund Source. 404-5000-590-96-01 WTRO17
404-5000-590-96-03 SWROI I
z venuor: UOMDyie U,-jA
Purchase Amount: $18,891.79
Requesting Department: ITS
Contact Person: John McNally
Date: 8113112
Brief Description of Purchase:
Network hardware upgrade; Network Analysis Tablet that provides baseline measurements of our network's performance, provides a
robust diagnostic tool for troubleshooting traffic issues, and enables the department to proactively tune and resolve network
performance issues.
Source for Purchase: Three Written Quotes
Fund Source: 302-4101-580-64-15
GGI 107
3 Vendor: DGG Taser, Inc.
Purchase Amount: $24,260.80
Requesting Department: Police
Contact Person: Chief Immier
Date: 8114/12
Brief Description of Purchase:
Tasers for Road Patrol.
Source for Purchase: Sole Source
4 Vendor: Wabash Valley
Requesting Department: Public Works
Brief Description of Purchase:
Aluminum trash receptacles for Oceanfront Park.
Fund Source: 105-3442-521-64-02
JAG Grant
Purchase Amount:
Contact Person: Jeff Livergood
Date. 8/14/12
Source for Purchase: Piggyback Palm Beach County
Contract #10072
5 Vendor:
Requesting Department:
Brief Description of Purchase:
Fund Source; 3024299-580-64-02
CP0631
-ITI 71-Tr
MN
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PURCHASE ORDER
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD
P.O. BOX 310 P.O. #: 120873
BOYNTON BEACH, FLORIDA 33425-0310 DATE: 08/01/44
SHIP TO:
TO: CUM SMITH, INC. City of Boynton Beach
1601 BELVEDERE ROAD EAST UTILITY ADMIN
SUITE 400E 124 E. WOOLBRIGHT ROAD
WEST PALM BEACH, FL 33406 BO ON BEACH, FL 33435
LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST
1 18500.00 EA PROFESSIONAL SERVICES ACCORDING 1.0000
TO RLI
#057-2821-12/DJL analysis and
simplification of
cap fees
REMARKS:
CAPITAL FACILITY CHARGE STRUCTURE UPDATE
RLI #057-2821-12/DJL
SEE ATTACHED FOR SCOPE OF SERVICES
EXTENDED
COST
18500.00
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PIRCAASE ORDER
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD
P.O. BOX 310 P.O. #: 120873
BOYNTON BEACH, FLORIDA 33425-0310 DATE: 08/01/12
VENDOR 531
TO: CDM SMITH, INC.
1601 BELVEDERE ROAD
SUITE 400E
WEST PALM BEACH, FL 33406
SHIP TO:
City of Boynton Beach
EAST UTILITY ADMIN
124 E. W•• LBRIGHT ROAD
BOYNTON BEACH, FL 33435
PROCUREMENT SERVICES: I I P.O. TOTAL:
132 of 520
EXTENDED
LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST
ACCOUNTING INFORMATION
ONLY DO NOT SEND THIS
PAGE TO THE
VENDOR*
--------------------
REQ/ACCT DATE
-----------------------------------------
REQ. BY
PROJECT
AMOUNT
----------------------
0000057142 07/25/12
--------------------------------------------
UTIL ADMIN BC
WTRO17
9250.00
40450005909601
0000057142 07/25/1.2
UTIL ADMIN BC
SWR011
9250.00
40450005909603
-------------------------------
--------------------------------
= ---------
PROCUREMENT SERVICES: I I P.O. TOTAL:
132 of 520
EXTENDED
LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST
-- 11
CA)
CA)
0
h
cri
N)
0
FMC RUZ REMISMON NBR: COUG057142
1 9
'I'Test Palm Beach, FL 33406
11 K"Mailn- �
WiR=$ MO,
Distribution
'BACKUP DOCS.
DELIVERY:
SUBMITTED:
Phone (contact):
561-689-3336
Water Qua[.
Quotes/Verbal
E. Admin. 40 N
b(aver $500)
Pumping
Quotes/Wriften
(over $2000)
Vendor Number
OV51 W
ITI M -
Insurance
Special Instructions:
1 Requirements:
FA ;I ;1 :0
Project Number.
WTRO17, SWRO11
134 of 520
Rlr��
CITY OF BOYNTON BEACH
REQUEST FOR PURCHASE OVER $ 10,000
Contact Person: Chris Roschek, PE C:
=-, .11-TW41
Dollar Amount of Purchase $18,500.00
Source for Purchase (check and attach backup materials):
Three Written Quotations x GSA
State Contract PI RESPECT
SNAPS Sole Source
Piggy-Back Budgeted Item
Emergency Purchase Other
1111111111111111111111 1111111111111111 11111111111ll :��
w
Fund Source for Purchase:
4 04 - 5000 - 590 -96 -1 -590-96-01 and 404-5000-590-96-03
. M — a * I
135 of 520
ailf
#057-2821-12/DJL City of Boynton
136 of 520
INSTRUCTIONS TO PROPOSERS:
The original Proposal and four (4) copies must contain a manual original
signature of an authorized representative of the Proposer, The authorized
representative must initial all corrections made on the Proposal, if any. The
Proposer's name must appear on the cover sheet to include all documents,
materials and information required herein. M
SUBMITTALS:
RLI #057-2821-12/DJL City of Boynton Beach Page 3
137 of 520
138 0 520
���
j
4 2
Date: July 2,201
14 1# 1
m « <: IFE�!, IL"I J�- tj
The first draft » :w Project will be completecl vvithin 21
receipts and completion by the City.
All A"',
139 0 520
01 G aka
PMMA#L y #M ?'
N
bid will be paid to any employees of the City of Boynton Beach as a commission,
ldckback, »..::.y ft, directly or indirectly by me or any member of my firm or by an
ifter of the corporation.
/ &A I
NAME - SIGNATURE 0
Sworn and subscribed before me
this \\'\/ -7-Ij .20 kL
f �' �'- M
David L Collins
12F-T, ql�
M Y
NOTAR'f PUBLIC "tatet f Flo
at Large
..........
K tit
CDM Smith Inc.
94T911TIEW �,
Ilk"IMP �-ta . - W O!"'Afti
140 0 520
L A*UJ;4A
The contractor understands and agrees that in addition to all other remedies and
consequences provided by law, the failure of the Contractor or its subcontractors or
may be deemed by the municipality to be a material breach of this contract justifying Its
termination.
IMI
M ff�
''Al
IIIN [V�M=
141 of 520
STATEMENT OF NO QUOTATION
IF YOU ARE NOT SUBMITTING A QUOTE, PLEASE COMPLETE FORM
AND RETURN TO PROCUREMENT VICES
10
142 of 520
Page I of 3
From:
LeRay, Diane
Sent:
Wednesday, July 25, 2012 10:22 AM
To:
Conboy, Barb
Cc:
Howard, 71m; Roschek, Christopher
Subject:
RE: Cap Fees RLI
Barb:
k,
rt
W1 1, Www1w WO
and terms and conditions, it is also permissible to move forward.
Should you have any questions/concerns, please advise.
Diane
From: Conboy, Barb
Sent: Wednesday, July 25, 2012 8:29 AM
To: La y, Diane; Roschek, Christopher
Cc. Howard, Tim
Subject: RE: Cap Fees RLI
I am not sure what we are negotiating.
We need the kick-off with all parties involved, we need to be careful with the Building Dept. inclusion to
make sure we stay focused on the cap fee task at hand. We want a couple of alternatives (at least 2) that
are more simplistic and result in a revenue neutral situation. Then 2 meetings and decision comes out of
those and a it ordinance is presented for staff to deliver.
equisition. I will take the proposal and initiate.
From: Le y, Diane
Sent. Tuesday, July 24, 2012 5:50 PM
To: Roschek, Christopher
Cc: Howard, Tim; Con y, Barb
Subject: RE: Cap Fees RLI
5M
i t" , WON
y1Z M*l I a 0 1A A I] I IM LA I Pa 0 A 1#11 AMA A J I A �;&* Alt 61 A n U I W 0 A411 N ft H 11I� V 19, M
7/25/2012
143 of 520
aff-Offis
Thank you,
City of Boynton Beach
100 E. Boynton Beach Blvd
Boynton Beach, FL. 33425
(561) 742-6323/6421
Fax: (561) 742-6316
lerayd@_bbfl.us
The City of Boynton Beach is a public entity subject to Chapter 119 of the Florida Statutes concerning public records. Email
messages are covered under Chapter 119 and are thus subject to public records disclosure, All email messages sent and
received are captured by our server and retained as public records.
To: LeRay, Diane
Cc: Howard, rim; Conboy, Barb
Subject: RE: Cap Fees RLI
City of Boynton Beach
Utilities Department
(561) 742-6413
reschelitcobbMus
From: LeRay, Diane
To: Roschek, Christopher
Cc. Howard, Tim
Subject. RE: Cap Fees RU
MIM
City of Boynton Beach
100 E. Boynton Beach Blvd
Boynton Beach, FL. 33425
(561) 742-6323/6421
Fax: (561) 742-6316
kmy5i� I
7/25/2012
144 of 520
0
received are captured by our server and retained as public records.
To: LeRay, Diane
Subject: Cap Fees RLI
Diane,
Did you receive any responses to the RLI last week?
Thanks,
0"
7/25/2012
145 of 520
TO: Barb Conboy
Utilities Manager
- I '' 9 , I - - i - " *
_W3 1 1 rrAff_1T01,,1jt1Vi4fA(-
03120=21M
SUBJECT: Capital Facility Charge Structure
Update
This memo is created to apprise on the series of procurement events.
system.
Mfi W I - If WITWOWWON1 MqUil
TMff-T-kTJaT4W1i1*WAj1 I - WWII
M Zwwwwl
the budgeted amount with no guaranteed results.
V-
for re-submittals, no responses were received.
NVIUMEMMES . - - a *
0
WIN .4 Pis 0" IN A. 1 101,11 1
WWWWWW 1100 1 _11 I
ir
=d terms.
W
146 of 520
PURCHASE ORDER
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD
P.O. BOX 310 P.O. #: 120889
BOYNTON BEACH, FLORIDA 33425-0310 DATE: 08/13/12
18891.79
PROCUREMENT SERVICES: P.O. TOTAL: 1889
ACCOUNT No. PROJECT
302-4101-580.64-15 GG1107 18891.79
147 of 520
SHIP TO:
TO: COMBYTE USA City of Boynton Beach
5415 EASTON DRIVE ITS DEPARTMENT
SUITE lQl 100 E BOYNTON BEACH BLVD
SPRINGFIELD, VA 22151 BOYNTON BEACH, FL 33435
EXTENDED
LINE#
QUANTITY UOM
ITEM NO. AND DESCRIPTION
UNIT COST
COST
1
1.00 EA
OPTIVIEW S3 TO XG TRADE-IN,
13933.9200
13933.92
NETWORK ANALYSIS
TABLET
VENDOR ITEM NO.- OPVS-Xd-TI IGIG
2
1.00 EA
GOLD SUPPORT
3334,2300
3334.23
3
1.00 EA
LINKRUNNER AT 2000 NETWORK
1312.0800
1312.08
AUTO-TESTER
VENDOR ITEM NO.- LRAT-2000
4
1.00 EA
1 YR GOLD SUPPORT FOR LINKRUNNER
136.9100
136.91
AT
5
1.00 EA
SX GIG FIBER DDM SFP TRANSCEIVER
174.6500
174.65
VENDOR ITEM NO.- SFP-1000SX
REMARKS:
NETWORK HARDWARE UPGRADE
SEE ATTACHED QUOTE #SQ-33093
DO NOT MAIL - I.T.S. WILL SEND TO VENDOR.
18891.79
PROCUREMENT SERVICES: P.O. TOTAL: 1889
ACCOUNT No. PROJECT
302-4101-580.64-15 GG1107 18891.79
147 of 520
SHIP TO:
TO: COMBYTE USA City of Boynton Beach
5415 EASTON DRIVE ITS DEPARTMENT
SUITE lQl 100 E BOYNTON BEACH BLVD
SPRINGFIELD, VA 22151 BOYNTON BEACH, FL 33435
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CITY OF BOYNTON BEACH
M
Contact Person: John McNally
Recommended Vendor Combyte USA
Source for Purchase (check and attach backup materials):
Three Written Quotations
X
GSA
State Contract
PRIDE/RESPECT
SNAPS
Sole Source
Piggy-Back
Budgeted Item
Emergency Purchase
Other
Contract Number:
NOTE: Pricing proposal for purchase must be
presented in the same detail contained within the contract.
Fund Source for Purchase:
302-4101-580-64-16 (CI) Project #GG1 107
W-r VZT7lT#1W#Ur*7.
150 of 520
O 'C " MnEWteLSA
541F Easton E rive, lAke 101
%,pringF
w1d, VA, a �1
Tel: j70?)
cos
Customer contact
CITY OF BOYNTON BEACH CITY OF BOYNTON BEACH
1 100 EAST BOYNTON BEACH BLVD JOHN MCNALLY
'BOYNTON BEACH FL 33435 100 EAST BOYNTON BEACH BLVD
I TED STATES I BOYNTON BEACH FL 31135
UNITED STATES
Tel: (561) 742-6070
� •
SQ-33093 I 8/1/2012
Ship To
CITY OF BOYNTON B..
RECEIVING TED
BOYNTON BEACH FL 33435
UNITED STATES
111, Date
Account Rap
fth.dl. Data
8/31/2012
To=9
BAR13ARA SMITH
9/1f2 o12
Reference
13689
Ship VIA
GrA/NET 30 (STATE OR LOCAL)
I Psi.tea
P0
sQ-33093
DAVE BETHUNE
FEDEX GROUND
Lilt—
Description
I
'GSA CONTRACT GS35F-0782J EXP 9/23/2014
2,
IQUOTE NUMBER: SQ-30862 8/1/12
3
'POC QUOTE:
4
(JOHN MCNALLY PH.561-742-6000
5
E.KAIL MCNALLYJ@BBFL.US
PRICE INCLUDES GROUND SHIPPING
B4OPVS-XG-TI
!OPTIVIEW S3 TO XG TRADE-IN, NETWORK
:ANALYSTS TABLET PN:OPVS-XG-TI IGIG
lo;,
i LIST $14,995 GSA $14,413.33
Ili
GOLD & SIN OF OPVS3 REQUIRED
12IGLD-OPVXG
GOLD SUPPORT, OPVXG-IGB
13;
LIST $3 GSA $3,448.82
14ILRAT-2000
LRAT_ 20�5680L I NKRUNNER AT 2000 NETWORK
51
AUTO- TESTER PN:LRAT-2000
161
LIST $1,495 GSA $1,382.78
27!GLD-LRNf
I YR GOLD SUPPORT FOR LINKRUNNER AT
18,
iLIST
$156 GSA $144.29
i9SFP-IO00SX
ISFP-1000SX,SX
GIG FIBER DDM SFP
20
'TR;;NSCZTVER
PN:SFP-1000SX
21�
iLIST $199 GSA $184.06
2'
23
COMBYTE USA IS A SERVICE DISABLED
24
'VETERAN OWNED SMALL BUSINESS
25
VASSA CERT 648525 PRO-NET S&N P0021263
26
�TPN 54-1384665 CAGE CODE 79746
'7
28
: THANK YOU. QUESTIONS? DAN EBERT
703- 866 -0000 d @ b t
� •
SQ-33093 I 8/1/2012
Ship To
CITY OF BOYNTON B..
RECEIVING TED
BOYNTON BEACH FL 33435
UNITED STATES
111, Date
Account Rap
fth.dl. Data
8/31/2012
__�
BAR13ARA SMITH
9/1f2 o12
Reference
Ship VIA
I Psi.tea
DAVE BETHUNE
FEDEX GROUND
.1 UM
..nt A
I i $13,933.
$3,334.
1 $1,312.
1 $136.
I
$174.
an com y eusa—
PLEASE ORDER FROM: COMBYTE USA, INC f Tax Detail.
FED ID:54-138 54- 138 4665, VA TAX: 0004439163 VAEXE $0.000
DUN S NO : . C
78-66
5;2, CAGE ODE: 79746
COMBYTE USA IS A SERVICE DISABLED VETERAN OWNED SMALL
BUSINESS. RETURNS AFTER 25 DAYS SUBJECT TO RESTOCKING FEE
QUOTES VALID FOR 30 DAYS
enjamin Smith
....... ..............
SIGNATURE
$13,933.92 1
$3,334.23
$1,312.00:
$136.9
$174.65
$0,00
151 of 520
Total
Balance
$18,691. "79
151 of 520
COW Government
230 North Milwaukee Ave.
Vernon Hills, IL 60061
Phone: 847.371.5000 Fax: 312.705.8291
This quote is subject to CDW's Terms and Conditions • Sales and Service Projects at
http://Www.cdw.com/contentAerms-conditions/product-sales.asp
For more information, contact a CDW account manager.
SALES QUOTATION
CVXL994 4276732 811/2012
15.098.75 15.098.75
3,760.70 3.760.70
1,415.98 1,415.96
195,00 195.00
155.00 155.00
SUBTOTAL 20,625.43
FREIGHT 0.00
TAX 0.00
Please remit payment to:
COW Government
75 Remittance Drive
Suite 1515
Chicago, IL 60675-1515
152 of 520
SHIP TO:
BOYNTON BEACH CITY HALL
BILL TO:
Attention To: JOHN MCNALLY/IT
CITY OF BOYNTON BEACH,
DIRECTOR
FLORIDA
100 E BOYNTON BEACH BLVD
915 S FEDERAL HWY
BOYNTON BEACH, FL 33435-3899
Accounts Payable
Contact: JOHN
BOYNTON BEACH. FL 33435-5612
MCNALLY 561.742.6073
Customer P.O. # FLUKE NETWORKS
Customer Phone #561.742.6000 QUOTE
CsEeP Wj 4 , GV RRE 866.229.6699 = UPS Ground
FLUKE OPTIVIEW S3 TO XG TRADE IN
Mfg#: OPVS-XG-TI
Contract: MARKET
2428112,
FLUKE 1YR GOLD SUP F/OPVXG-1GB
Mfg#: GLD-OPVXG
Contract: MARKET
2629515
FLUKE L.INKRUNNER 2000 1 4TWK AUTO
Nl LRAT-2000
Contract: MARKET
1 2630501
FLUKE SX GIG FIBER DDM SFP TRANS
NI SFP-IUUOSX
Contract: MARKET
2634416
FLUKE 1YR GOLD SUP FfLINKRUNNER
Mfg#: GLD-LRAT
Contract: MARKET
COW Government
230 North Milwaukee Ave.
Vernon Hills, IL 60061
Phone: 847.371.5000 Fax: 312.705.8291
This quote is subject to CDW's Terms and Conditions • Sales and Service Projects at
http://Www.cdw.com/contentAerms-conditions/product-sales.asp
For more information, contact a CDW account manager.
SALES QUOTATION
CVXL994 4276732 811/2012
15.098.75 15.098.75
3,760.70 3.760.70
1,415.98 1,415.96
195,00 195.00
155.00 155.00
SUBTOTAL 20,625.43
FREIGHT 0.00
TAX 0.00
Please remit payment to:
COW Government
75 Remittance Drive
Suite 1515
Chicago, IL 60675-1515
152 of 520
770-936-9566
770-936-0366 Fax
Toll Free 877-386-1774
Samantha Chapman
DUM:048673698
TIN: 58-2418487
'OPEN MARKET
FOB: Destination
1-Aug-12
Cage Code: 39949
Small Business
Quote SCOOM
CLIN
Part Number
Description
Qty
Price
Ext Price
I
OPVS-XG-TI
OPTIVIEW S3 TO XG TRADE IN
16000.00
$16,000.00
NETWORK ANALYSIS TABLET_
2
GLD-OPVXG
1YR GOLD SUPPORT FOR OPVXG-1GB
1
3926.13
$3,926.13
3
LRAT-2000
LINKRUNNER AT 2000 NETWORK
1
1465.77
$1,465.77
AUTO TESTER
4
GLD-LRAT
I
1YR GOLD SUPPORT FOR
I
1
152.74
$I52.74
LINKRUNNER.
5.00
SFP-1000SX
SX GIG FIBER DDM SFP
1.00
196.41
$196.41
153 of 520
The Fluke OptiView XG Network Analysis Tablet is a network analyzer that provides
baseline measurements of our network's performance, provides a robust diagnostic tool
for troubleshooting traffic issues, and enables the department to proactively tune and
resolve network performance issues. A typical baseline survey provided by an outside
contractor would cost approximately $5,000 for one week of analysis. Ongoing access to
the analyzer for troubleshooting and tuning of the network would be at an additional
expense.
During the current and upcoming fiscal years, we will be investing capital funds to
upgrade our aging network infrastructure, The Police Department has already replaced
all of their network switches and routers, and is waiting to purchase and deploy a new
firewall. This will provide enhanced security of their law enforcement information
system assets. The ITS Department is in the planning stages of purchasing and deploying
network switches and routers in order to replace equipment that is 10+ years old. This
sites. The need for technical resources to monitor the network's performance and
maintain its integrity is necessary in order to 12rotect this major infrastructure investment.
154 of 520
PURCHASE ORDER
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
10• EAST BOYNTON BEACH BOULEVARD
P.O. BOX 310 P.O. #: 120891
BOYNTON BEACH, FLORIDA 33425-0310 DATE: 08/14/12
UNEEK-9 1 1.1.9
24250.80
A rK
PROCUREMENT SERVICES: 1 12— P.O. TOTAL: 24250.80
ACCOUNT No- PROJECT
105-3442-521.64-02 24250.80
155 of 520
SHIP TO:
TO: DGG TASER INC. City of Boynton Beach
8725 YOUNGERMAN COURT POLICE/PISTOL RANGE
SUITE 305 3501 N. CONGRESS AVENUE
JACKSONVILLE_ FL 32244 BOYNTON BEACH, FL 33426
EXTENDED
LINE#
QUANTITY UOM
ITEM NO. AND DESCRIPTION
UNIT COST
COST
1
24.00 EA
24-TASER X26E KIT YEL/BLK XDPM
812.0000
19488.00
WITHOUT HOLSTER .
VENDOR ITEM.NO.- 26524
2
24.00 EA
4 YR. EXTENDED CUSTOMER CARE
189.9500
4558.80
W
VENDOR ITEM NO.- 26744 WARR
3
1.00 EA
FREIGHT
204.0000
204.00
REMARKS:
TASERS FOR ROAD PATROL
SOLE SOURCE
SEE ATTACHED QUOTE #QTE0000006397
24250.80
A rK
PROCUREMENT SERVICES: 1 12— P.O. TOTAL: 24250.80
ACCOUNT No- PROJECT
105-3442-521.64-02 24250.80
155 of 520
SHIP TO:
TO: DGG TASER INC. City of Boynton Beach
8725 YOUNGERMAN COURT POLICE/PISTOL RANGE
SUITE 305 3501 N. CONGRESS AVENUE
JACKSONVILLE_ FL 32244 BOYNTON BEACH, FL 33426
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for Purchase:
lRecommended Vendor DGG TASER INC.
- ce for Purchase (check and attach backup materials):
Three Written Quotations GSA
State Contract PRIDE/RESPECT
SNAPS Sole Source
Piggy-Back Budgeted Item
Emergency Purchase Other
Contract Number:
NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract.
Form Revised 02101/02
158 of 520
AA I 7EG,00003e97
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159 of 520
160 of 520
TASER AXONTm system:
1. AXON Tactical Computer Model 70000.
2. AXON Com Hub user interface Model 70001 (regular length cable) and 70002 (long cable).
AXON-, E\ADENCE.com SmartTI. SYNAPSE-, TASER CAIVI�, X2T X3W-, X`12� and X26TI are trademarks of TASER International, Inc-, and
TASERQD, XREP8 and X34D are registered trademarks of TASER International, Inc., registered in the U.S. to 2011 TASER International, Inc. All rights
reserved.
I .
♦ ^ 1 1 Z A : : • : *Z
Jack;onville, FIL 32
866-626-8273 Phone
904-777-4801 Local Phone
n
rKTOTIG
TASER International, Inc.
17800 N. 851h Street
Scottsdale, AZ 86255
Phone: 480-905-2000 or 800-978-2737
Fax: 480-991-0791
11111MM BMNKI .;
Sincerely,
"
-,
VWWWMI M
lift"K.14.1film M1. A -
161 of 520
.BZers, Sarah
From.
Smith, Jaclyn
Sent:
Thursday, August 09, 2012 9:32 AM
To:
Thomas, Raymond
Cc:
Byers, Sarah
Subject:
FW: taser qte # 6397
t
SOP Blank Quote
Form.pdf (16 K...
Hi there,
You are good to go with ordering the attached.
Hi Sarah,
Here is the account number to use when this bill comes in; this is under the JAG grant
105-3442-521-64-02
Officer Jaclyn E. Smith
Boynton Beach Police Department
100 E. Boynton Beach Blvd.
Boynton Beach, FL. 33425
561.742.6195
- - - -- Original Message---- -
From: Thomas, Raymond
Sent: Thursday, April 12, 2012 3:13 PM
To: Smith, Jaclyn
Subject: FW: taser qte 1 6397
- - - -- Original Message---- -
From: Thomas, Raymond
Sent: Monday, April 02, 2022 2:56 PM
To: Byers, Sarah
Subject: FW: taser qte # 6397
- - - -- Original Message---- -
From: Sandi White [mailto:Sandi@teamdgg.com]
Sent- Monday, April 02, 2012 2:55 PM
To: Thomas, Raymond
Cc: Jim Holland
Subject: taser qte # 6397
Hi Ray,
Please see attached quote per your request. Let me know if you need anything
else.
Sandi White
L/E Sales Manager
DGG Taser, Inc.
904-777-4801 ext. 21
904-777-4802 Fax
sandi@teamdgg.com
162 of 520
PIRCAASE ORDER
CITY
• BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD
P.O. BOX 310 P.O. #: 120892
BOYNTON BEACH, FLORIDA 33425-0310 DATE: 08/14/12
N
TO: ABASH TALLEY
505 E MAIN STREET
SILVER LAKE, IN 4691
SHIP TO:
City
• Boynton Beach
222 N.E. 9TH AVENUE
BOYNTON BEACH, FL 33435
Iffil 4�4 K
163 of 520
EXTENDED
LINE#
QUANTITY UOM
ITEM NO. AND DESCRIPTION
UNIT COST
COST
1
8950.90 DL
URBANSCAPE TRASH RECEPTACLE WITH
1.0000
8950.90
HINGED FLAT TOP
lid; faux wood; portable/surface
mount
(aluminum)for use at the
Oceanfront Park. 14 UNITS
at $639,35 each.
VENDOR -ITEM NO.- Y03F32C
2
1225.00 DL
FREIGHT
1.0000
1225.00
3
175.90-DL
SPECIAL REP DISCOUNT
1.0000
175.90 -
RE KS:
ALUMINUM TRASH RECEPTACLES FOR OCEANFRONT PARK
PIGGYBACKING PBC CONTRACT #10072
TERM 8/23/12 - 8/20/13
SEE ATTACHED QUOTE #DZ000596-1
Iffil 4�4 K
163 of 520
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164 of 520
M
orr-TWITRIMIM
CITY OF BOYNTON BEACH
REQUEST FOR PURCHASE OVER $ 10,000
"I TIA a 16 0 11
� Explanation for Purchase:
I Dollar Amount of Purchase $10,000.00
Source for Purchase (check and attach backup materials):
Three Written Quotations GSA
State Contract PRIDEMESPECT
SNAPS Sole Source
Piggy-Back X Budgeted item
Emergency Purchase Other
Contract Number: Palm each County i 10 -7 /P�
NOTE: pricin proposal for purchase must be presented in the same detail contained within the contract.
Fund Source for Purchase:
302-4299-580-64-02 CP0631 - Parks-Furnishings
Date
D 1� L
ate IT
Date
5110M
165 of 520
WABASH VALLEY urbanscepa'
0)
WABASH VALLEY
Rep: JACK DZOBA
JKDZ0BA(QGMAIL.00M
561-603-2097
— - -- — - - - — - --- ------------------
Bill To: City of Boynton Beach
222 NE stn Avenue
r
MirM
Description
M71"w"
1Ship To: City of Boynton Beach
1 222 NE 9th Avenue
-0 . ; -
Price Total
ffn. R .+
F1157 r-MMOTTM
Color Selections
---------- - — -------------
required to establish payment terms, credit card payments accepted. Verify colors upon ordering. Off-loading,
D 10-072/PR
Freight
Tax
Tax Rate: =Frt Tax
Total
166 of 520
required to establish payment terms, credit card payments accepted. Verify colors upon ordering. Off-loading,
D 10-072/PR
Freight
Tax
Tax Rate: =Frt Tax
Total
166 of 520
IT
WHO IS UPAWSCAPE .. mom a, OUR DIFFERENCE CONTACT US
Mim
PORTABLE/SURFACE-MOUNT
U!"222
loll
Lid Material: Aluminum
Mounting Options: Portable/Surface-Mount
Side opening. No
Liners. Included
MINKE
� � � \� � �� \
H
B!"O
`� � 21 \\�\
~�� � � � \
NVOM
167 0 520
Model * Mounting Capacity
Y03F32C Paitable/Surface-Maunt 32gal
w D H WST Price-
27 114 26 114 35 1021b $673.00
I ?��
188 0 520
\
\
�/ \
188 0 520
Poe Litter Receptacle - Site Furniture - Landscape Fm
landscapeforms- products design tools project photos
MOW
productp.04
cf 5 T -, C54T P, L 1 WC\
169 of 520
IBM
cf 5 T -, C54T P, L 1 WC\
169 of 520
concord North America net prices
Alcoft
Alcutt pedestrian light design Is protected by U.S. Patent No. 0652,976.
To order: Specify collection, model description and powdercoat color. Specify with type 3 or type 5 light distribution. Alcott ships fully assembled
ready for installation. Alcott is surface mounted and ships with installation template and hardware.
description ads (d x h x price (Shrp-wt)
Alcoff 12 it Pedestrian Light, Type 3 w/ dimmable driver 21'x 144"x 21" $3270 (445)
Alcott 12 ft Pedestrian Light, Type 5 wl dimmable driver 21'x144"x21' 3880 (450)
pedestrian light
Hawthorne
Hawthorne pathway light design Is protected by U.S. Patent No, D652,977.
To order: Specify collection, model description and powdercoat color. Hawthorne ships fully assembled, ready for installation. Hawthorne is only
available surface mounted.
description size (dx IN x 1) price lship.wtj
Hawthorne 3 ft Pathway Light 11"x 37" U' $1450 (50)
I
pathway light
Poe
Poe litter receptache design Is protected by U.S. Patent Has. 11643,964; D643,987.
To order: Specify collection, model description and powdercoat color. When specIfyng recycling litter, choose slat, 5' diameter or standard open-
ing; select standard wording (shown at landscapeforms.com). Custom wording available for an upcharge. Specify with or without keyed lock.
Shipped with freestanding glides; surface mount holes provided in base. Black polyethylene liner ships with each unit. Poe ships fully assembled.
description size (dx hx]) capacity price (ship.wt.)
Poe Top-Opening Litter 29'x 39" x 29' 34 $1440 (210)
Poe Side-Opening Litter 29" x 44'x 29' 34 1480 (220)
Poe Side-Opening Recycling Litter 29'x 44'x 29" 34 1590 (220)
Options.
Lock available for all styles $70
Custom Signage $301SLdn
Note: All units feature hinged side door for easy emptying. 1 9 6 9
top-opening litter side-opening litter side-opening side-opening
recycling litter recycling litter
w/5 Inch hole W/slot
page 10 P 800-521.2546 F 269.381-3455 www.landscapeforms,com July 2, 2012 1 and scapef or rns-
170 of 520
Urbanscape Receptacle: TG3F33P
Model 9
Mounting
Capacity w
D
H
WGT
Price-
TG3F33I
In-Ground
32gal 24
24
38
821b
$641.00
TG3F33P
Portable
32gal 24
24
31 114
701b
$589.00
TG3F33S
Surface-Mount
32gal 24
24
38
821b
0
*Does not include sales tax or shipping and handling.
171 of 520
Urbanscape Receptacle: TG3F33P
urbanscape'
WHO IS URSANSCAPE OUR PRODUCTS OUR DIFFERENCE CONTACT US
RECEPTACLE; WITH FLAT-TOP LID; SLAT; PORTABLE
PRODUCTFAMILY
It in I
LID OMO NS
rk,
172 of 520
off .
From: Hall, Glenda
Sent: Thursday, August 09, 2012 11:06 AM
To: All Julianne
Subject: FW: FW: C4 of Bynton Beach trash recepatacles;
MENTO NXIG a II =4415 I [a---I VEIMI T"'R im R MUM 2101
Julie
will bring over more information. This will come out of CIP $10,000 for park furnishings.
302-4299-580-64-02
3lenda
- rom: lack Dzoba [mailto.jkdzoba@gmaii.com]
Wednesday, August 08, 2012 11:15 AM
ro: Hall, Glenda
ret received a letter from county purchasing about that.
Ve have an issue with the quote however, when 1 did the original quote I made an error on the
reight cost.
had also done a quote for Tom for benches at the same time - see attached, and miscalculated
lie weight for the receptacles which were heavier.
rel's i� %lo
1
iscount to meet your budget • I OK.
lease accept my apologies for the freight error and contact me if you have any questions.
incerely,
ick Dzoba
iwfu&
61-603-2097 Cell
LI?�i.?I!eflal�IZILwft-
, om: Hall, Glenda
mt: Wednesday, August 08, 2012 8:52 AM
x Ucloba0cirnail.com'
AIGSA&A - IJ .".
173 of 520
902012
174 of 520
Please visit www.wabashyalley.com or www.urbanscapefurniture.com form product information
175 of 520
,+,
2
'...: August 17, 2010
VC# 0000130974
Psis,° 04 A 32.yk
i i
A,, Egadl Op'YOexa -JY
, if—o- EJS �yP'
I x
UI
delay in processing payment,
In accordance with the terms avid conditions of this contract, the Inspector General
fee may be applicable, per Ordinance o. 2009-049.
If you have any questions, phase contact Ph"i Rld to So salor waver at [6611616 -6623
I
I,
Ra ymond,
Bo nnie
Eu gene I "
File -.
176 of 520
Wabash Valley Mfg., Inc.
Fardutsing $epartmemd
Attn: Leslie Brouirette
605 ain tree
i! 5t arh t�ilstary° :rail, v¢¢e ti{
Silver Lake, IN 46952
V n Palen Beach, £1.33475 -:9i r,,c
(561) bleu -&Sm
I
( Dear Vendor: RE: TERM CONTRACT # 10072
rrvi: se~]1 636-0!
I
I This is to inform you that €'alas Beach County Board of County Commissioners is
K° °,} t egcv.ctim p archas,n
entering into a Term Contract with your company for Playground Park guiprvrerxt.
Earts s eed Bnstall io based ova:
t?
[XI SOLICITATION #9 -072dP
,Awarded Items Listed As Follows„
Flow $
Lot 7 -A Purchase and Delivery Manufacturer's Cabdog
BBr�
(`aS,a�.FYr dA2tR£�
F oy
{ Item #1, Wabash Valley MFG., tirbanscape
Commissioners
!Lot I -B Purchase and Delivery Parts Manufacturers Catalog
;~urr Aarm, sun, c'ra°:r
' Item 1, Wabash Valley MFG., Urbanscape
Lot 2 Purchase, Delivery & Installation Manufacturer's acturer's Catalog
.° F,,; 7 'Aaa Ut o,v • Chair
� Items #1, abash Valley ., Urbanscape
"r} x ors
terms of this contract is An ust 23..2010 through The estimated
dollar value for all vendors is $ 4764165,00 .
Steven 1. Abmm}
The oblige ` ris of Palms Beach County under this contract are subject to the
availability of funds lawfully appropriated for its purpose by the State of Florida and
Jess R Sanramarla
the ward of County Commissioners.
Psis,° 04 A 32.yk
i i
A,, Egadl Op'YOexa -JY
, if—o- EJS �yP'
I x
UI
delay in processing payment,
In accordance with the terms avid conditions of this contract, the Inspector General
fee may be applicable, per Ordinance o. 2009-049.
If you have any questions, phase contact Ph"i Rld to So salor waver at [6611616 -6623
I
I,
Ra ymond,
Bo nnie
Eu gene I "
File -.
176 of 520
6. H
CONSENT AGENDA
September 18, 2012
r '
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: September 18, 2012
NATURE OF
AGENDA ITEM
❑
OPENINGS
❑
PUBLIC HEARING
❑
OTHER
❑
CITY MANAGERS REPORT
El
ANNOUNCEMENTS /PRESENTATIONS
El
UNFINISHED BUSINESS
❑
ADMINISTRATIVE
❑
NEW BUSINESS
®
CONSENTAGENDA
❑
LEGAL
❑
BIDS AND PURCHASES OVER $100,000
❑
FUTURE AGENDA ITEMS
❑
CODE COMPLIANCE AND LEGAL
SETTLEMENTS
REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R12 -101 - Ratify
the action of the South Central Regional Wastewater Treatment and Disposal Board at their
meeting on August 16, 2012 and approve the Multi jurisdictional Pretreatment Agreement
between South Central Regional Wastewater Treatment and Disposal Board, the City of Delray
Beach and the City of Boynton Beach.
EXPLANATION OF REQUEST: On August 16, 2012, the South Central Regional
Wastewater Treatment & Disposal (S.C.R.W.T.D.) Board held its Regular Quarterly
Annual meeting. At that time, the Board took action on the item that is now before the
City Commission for ratification. This City Commission ratification is the confirmation
process for the action taken by the S.C. R. W. T. D. Board.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A
FISCAL IMPACT Based on the Cost Recovery Formula, paragraph 40, page 29, of the
attached Agreement.
ALTERNATIVES: Do not ratify the actions of South Central Regional Wastewater
Treatment and Disposal Board.
177 of 520
RESOLUTION NO. R12-
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, RATIFYING THE ACTION TAKEN BY THE SOUTH
CENTRAL REGIONAL WASTEWATER TREATMENT AND
DISPOSAL BOARD, ON AUGUST 16, 2012, AS STATED HEREIN;
AUTHORIZING AND DIRECTING THE INTERIM CITY
MANAGER AND CITY CLERK TO EXECUTE SAID
RATIFICATIONS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, The South Central Regional Wastewater Treatment & Disposal Board
(SCRWTDB) requests ratification of the action taken by the Board at the Quarterly Meeting of
August 16, 2012, as set forth in the attached Exhibit "A ".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being
true and correct and are hereby made a specific part of this Resolution upon adoption.
Section 2 . The City Commission does hereby ratify the action taken by the South Central
Regional Wastewater Treatment & Disposal Board on August 16, 2012, as set forth on the attached
Exhibit "A" and authorizes the Interim City Manager and City Clerk to execute said Ratifications.
Section 3. This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this day of September, 2012.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
Mayor — Woodrow L. Hay
Vice Mayor — Mack McCray
Commissioner —
Commissioner — Steven Holzman
Commissioner- Marlene Ross
178 of 520
r+
• • • . •.
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on
August 16, 2012, by a vote of 7 -0, gave AUTHORIZATION TO APPROVE THE MULTI.
JURISDICTIONAL PRETREATMENT AGREEMENT BETWEEN SOUTH CENTRAL
REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD, THE CITY OF DELRAY
BEACH AND THE CITY OF BOYNTON BEACH.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and the
City of Delray Beach.
NOW, THEREFORE, the City of Boynton Beach hereby ratifies said Board action independently.
The above action is hereby ratified in open session by the City of Boynton Beach this _ day of
, by a vote.
• : • •
F.Adocs%BOARD MEETINGSIR .4TIFICATIONS12011- 20120oynfon Beach Ratification 08- 16- 2012docx
179 of 520
I ; - I I - a - - . 1 w '.'. nZig
THIS INDUSTRIAL WASTE AND PRETREATMENT AGREEMENT is entered into by and
between the SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL
BOARD, an entity created by Interlocal Agreement pursuant to Florida Statutes Section 163.01
(hereinafter referred to as POTW), the CITY OF BOYNTON BEACH, FLORIDA, a municipal
corporation, and the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation (both of
which are collectively referred to herein as the CITIES).
WITINESSETH:
WHEREAS, it is a requirement of the POTW to comply with all applicable State and Federal
laws required by the Clean Water Act of 1977 and the General Pretreatment Regulations 40
CFR, Part 403; and
WHEREAS, by the terms of that certain Interlocal Agreement dated December 26, 1974,
between the CITIES, the POTW was created and the CITIES became the sole, direct customers
of the POTW; and
WHEREAS; by the terms of the above referenced Interlocal Agreement, the CITIES, as the sole
customers of the POTW, then sell wastewater treatment and disposal services directly to users
as well as to industrial users; and
WHEREAS; in order to comply with the provisions of the above referenced Clean Water Act as
well as State and Federal law, the parties hereto are desirous of entering into this Agreement
setting forth the terms and conditions upon which the CITIES may discharge wastewater
effluent to the POTW's regional treatment facilities and, further, that pursuant to the terms of this
Agreement, the CITIES, as condition to the discharge permit being granted hereby, agree to
adopt an industrial waste and pretreatment ordinance with terms, conditions, and provisions no
less stringent than the terms set forth in this Agreement for the regulation of the issuance and
compliance with discharge permits to the CITIES', users and industrial users.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained
the adequacy of which is hereby acknowledged, the parties hereby agree as follows:
1. Purpose
The purpose of this Agreement is to regulate industrial waste pretreatment facilities and
discharge of waste into the Publicly Owned Treatment Works (POTW) operated by the
South Central Regional Wastewater Treatment and Disposal Board and providing for
pollutant limitations, data collection, monitoring, sampling, and providing for penalties for
the violation thereof for the following purposes:
A) To prevent the introduction of pollutants into the CITIES' wastewater system
which will interfere with the normal operation of the wastewater collection system
or the wastewater treatment plant, or which will contaminate the resulting
municipal sludge;
B) To prevent the introduction of pollutants into the CITIES' wastewater collection
system which do not receive adequate treatment by the POTW, and which will
Page I
180 of 520
pass through the system into receiving waters or the atmosphere or otherwise be
incompatible with the system;
C) To improve the opportunity to recycle and reclaim wastewater and sludge from
the system.
2. Policy and Scope
The POTW is responsible for the proper treatment and disposal of all waste that is
proper to process through the regional treatment facilities, beginning at the point source.
The terms of this Agreement shall be incorporated into an ordinance adopted by the
CITIES respectively to regulate their users' discharge of wastewater into the portion of
the sewer collector system located within the City of Boynton Beach and/or the City of
Delray Beach and any other portion controlled or operated therein.
The policy is established that the provisions of this Agreement will be enforced to the
fullest extent possible under the provisions of Federal Pretreatment Regulations 40 CFR
Part 403 and Chapter 62-625 Florida Administrative Code (F.A.C) issued by the Florida
Department of Environmental Protection. The standards set forth are minimum
requirements to ensure the general health and welfare of the public.
The regulations of this Agreement shall apply to all users of the sewer facilities of the city
whether inside or outside the City, including all other local governments such as, but not
limited to, the Town of Highland Beach, the Town of Gulfstream, and contributions from
incorporated or unincorporated agencies of Palm Beach County. Furthermore, all local
government users shall be required, within 60 days after enactment of this Agreement
and notice thereof, to enact ordinances substantially similar to this Agreement and to
apply and enforce the same to all users of their public and sanitary sewer systems.
As used in this Agreement, all definitions shall be applied and interpreted in accordance
with 40 CFR 403 and Chapter 62-625, F.A.C., as amended.
"Act" and "The Act": The Federal Water Pollution Control Act, also known as the Clean
Water Act of 1977, as amended, 33 U.S.C. 1251, et seq.
"Authorized Representative of Industrial User":
( If the user is a corporation, a responsible corporate officer.
(2) If the user is a partnership or sole proprietorship, a general partner or proprietor,
respectively.
(3) If the user is a Federal, State, or local government facility: a Director or highest
official appointed or designated to oversee the operation and performance of the
activities of the government facility, or their designee.
Page 2
181 of 520
(4) The individuals described in subsections (A) through (C) above may designate
another authorized representative if the authorization is in writing by the individual
described in (A) through (C), the authorization specifies the individual or position
responsible for the overall operation of the facility from which the discharge originates or
having overall responsibility for environmental matters for the company, and the written
authorization is submitted to the City.
"Best Management Practices or BMPs": Schedules of activities, prohibitions of
practices, maintenance procedures and other management practices to implement the
prohibitions listed in subsections 62-625.400(1)(a) and (2), F.A.C. BMPs also include
treatment requirements, operating procedures, and practices to control plant site runoff,
spillage or leaks, industrial sludge or waste disposal, or damage from raw materials
storage.
"Board": The South Central Regional Wastewater Treatment and Disposal Board,
including, in the appropriate case, the regional treatment facilities, and all its other
attendant facilities.
"Board (POTW)': The Board of Directors of the South Central Regional Wastewater
Treatment and Disposal Board.
"BOD (Denoting Biochemical Oxygen Demand)'; The quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedure in five (5)
days at 20 degrees Celsius. expressed in milligrams per liter.
"Building Sewer': Sewer conveying wastewater from the premises of a user to the
collection system which transmits wastewater to the POTW.
"Categorical Standards": National categorical pretreatment standards or pretreatment
standard.
"Chemical OMen Demand (COD)": A measurement of the oxygen equivalent of the
organic matter content of a sample that is susceptible to oxidation by a strong chemical
oxidant using procedures listed in 40 CFR 136.
"Ciy" or "Cities": The City of Boynton Beach and/or the City of Delray Beach; all that
land and water area included within the boundaries of the "g °' in which the
Commission proposes to acquire, establish, construct, extend, operate, and maintain
sewerage facilities, except as follows:
(1) All state and federally owned land and water area located in the City or County,
except where the state and federal government consent to the provisions of this
Agreement.
(2) All land and water area duly franchised by the City or County to privately owned
sewer utility companies for the provisions of sewer service, except where the
privately owned sewer utility companies consent to the provisions of this
Agreement.
"Collection System': The system of public sewers to be operated by the City and
connected to the P OTW facilities.
Page 3
182 of 520
"Compatible Pollutant": A substance amenable m treatment in the wastewater treatment
plant such asm mical oxygen demand, suspended solids, pH, and fecal pdiform
bacteria, plus additional pollutants identified in the wPoEG permit n the publicly owned
treatment works was designed to treat mvva pvoutnntm, and in nmct, uoam remove the
pollutant tve substantial degree.
" Composite ': Anexes of samples token over specific 24-hour time period at
imtonm|e not to exceed fifteen (15) minutes i^ the waste stream which are combined into
one sample. Flow nn,nortinnm| sampling in mandated omsso circumstances do not
permit it; them it mxa|| be time proportional, Samples shall be taken during effluent
discharge times only.
?Coxdbug Water": The water discharged from any use such as air conditioning, cooling, or
refrigeration, o,00 which the only pollutant added i^heat.
" Direct ': The discharge of treated or untreated wastewater directly to the
" Director waters of the state.
o refers mthe
individual in charge mm* Public Utilities Department in either City or hismer
specific designee.
"Disc Disposal vt uepowit, p|ewa, emd, un|nad, release or cause or allow to be
disposed of, deposited, placed, emitted, unloaded, orreleased.
" Domestic ': Wastewater derived principally from dwomngn, commercial
buildings, institutions, and industry resulting from household or toilet waste resulting from
human nnnupuvny. It may or may not contain ground woter, surface woter, or
m*rmwaoer.
" Environmental or "EPA": The U. S. Environmental Protection
Agency, or where applicable, the term may also be used asedesignation forme
Administrator or other duly authorized official nr that agency.
" Executive ': The administrative director or his authorized ueputy, ooent, or
representative of the South Central Regional YVamtewow, Treatment and Disposal
Board.
'?Gaubug&': The en|mo| and vegetable waste resulting from the hand|inO, pmpon$inn.
cooking, and serving orfoods.
"Grab Sample': An inuiviuuo|, discrete sample cmnouteu at specific time. AQrau
sample includes all sub samples or aliquots (e.g. individual containers for specific
enalyms or enmlyte groups), | fractions (e.g. total and filtered samples) and all
applicable field quality oomno| samples (e.g. field sample duplicates o' split samples)
collected mx the same location within m time not exceeding 15 minutes.
]3amdee'': Recipient of a federal grant for all or o portion of o treatment works as
administered by the Environmental Protection Agency.
Page 4
183 of 520
"Holdi Tank Waste": Any waste Mg-
from holding tanks such as vessels, chemical toilets,
oompvrs. trail septic tanks, and vacuum-pump trucks.
" Indirect The discharge ur introduction o/ non-domestic pollutants from any
source regulated under Section 3O7(h)o,(c)nf the Act, (onu8.C. 1317). into the PUTVv
(including holding tank waste discharged into the nymem).
" Industrial The liquid wastes from muuntna!, oommemie|, or
institutional processes aa distinct from domestic u, sanitary sewage.
" Industrial permit issued to control the
process flows from industry oommema, m institutions that may be u|moxorgod into the
sanitary sewer sys This permit is issued in addition to any other types of permits.
When iooveu, the permit will u*nnm the rnnmmarimtioo and volume of the flow and
acceptance or rejection of individual waste components and/or require xiox strength
waste surcharges.
"Industrially Classified User": An industrial or commercial user whose liquid wastes are,
m part, made vpox flows related vn industrial processes, an distinct from ev industrial or
commercial user whose waste 8nwm are primarily domestic or resulting from human
occupancy.
"Industrial User": A source of indirect discharge and discharge of industrial and
commercial waste which does not constitute a discharge of pollutants under regulations
issued pursuant u` Section 4nzm the Act, (33U.S.C.1342).
"Interference": The inhibition or disruption of the PoTvv treatment pmoouxoo or
operations which vnnmuvoeo to mvio|etion of any requirement of the NPDEG permit or
reduces the efficiency of the POTvK The vnnn also includes prevention of sewage
sludge use or disposal uy the PoTw(
" Milligrams Th number of units m minor constituents ppesentw�oaach
one million units ovme major constituent of solution of mixture. " Milligrams Liter
nheH be considered equivalent x`parts per mminn.
" Monitoring ': Those costs incurred by the City in performing monitoring and/or
sampling osprescribed uv4oCFR403.
" National Any federal regulation containing
pollutant discharge limits promulgated by the EPA which applies to a specific category of
industrial users.
" National »r2NPIDES Lfecmd': A vennx issued
" National pursuant to Section 402 of the Act (33 U.S.C. 1342).
o " Prohibitive Any
regulation developed under the authori of 307( of the Act and 40 orn. Section
Page 5
184 of 520
"Natural Outlet": Any ditch, canal, stream, waterway, lake, river, pond, well, gully, or
other water body.
"New Source": Any source, the construction of which is commenced after the publication
of the proposed Pretreatment Standards under Section 307(c) of the Act, and which
conforms to 40 CFIR 403(k).
"Non-significant categorical industrial user". An industrial user that discharges 100
gallons per day (gpd) or less of total categorical wastewater (excluding sanitary, non-
contact cooling and boiler blowdown wastewater, unless specifically included in the
pretreatment standard) and:
(A) Has consistently complied with all applicable categorical pretreatment
standards and requirements;
(B) Annually submits the certification statement required in 62-625.600(17),
F.A.C. together with any additional information necessary to support the
certification statement; and
(C) Never discharges any untreated categorical process wastewater.
"Pass Through": A discharge of a pollutant from the POTW when such discharges
causes a violation of any requirement of the POTVVs NPDES permit, or a violation of
a State of Federal water quality standard or increases the magnitude or duration of
any violation and which is the result of a users discharge of the pollutant either alone or
in conjunction with other user's discharges of the pollutant into the POTW. A user
contributes to pass through when the user:
(1) Discharges a pollutant concentration or a daily pollutant loading in excess of that
allowed by City or permit or by State or Federal law;
(2) Discharges wastewater which substantially differs in nature and constituents from
the users normal, average discharge;
(3) Knows or has reason to know that its discharge, alone or in conjunction with
discharges from other users, would result in pass through; or
(4) Knows or has reason to know that the POTW is, for any reason, violating
its final effluent limitations in its NPDES permit and that such user's
discharge, either alone or in conjunction with discharges from other users,
increases the magnitude or duration of the POTWs violations.
"Person": Any individual, firm, company, association, society, corporation, or group.
"pH": Logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of
solution.
"Pollutant": Any dredged spoil, solid waste, incinerator residue, sewage, garbage,
sewage sludge, munitions, chemical wastes; biological materials, radioactive materials,
heat, wrecked or discharged equipment, rock, sand, cellar dirt, and industrial, municipal,
and agricultural waste discharged into water.
Page 6
185 of 520
"Pollution": The man-made or man-induced alteration of the onemkal, physica
biological, and radiological integrity nfwater.
"Pretreatment": The nmunmnn of the amount of pnnutsnts, the elimination of pollutants,
or the alteration of the nature of pollutant properties in wastewater to a less harmful prio
to or in lieu of discharging or otherwise introducing those pollutants into o pOTwt The
reduction or alteration can be obtained by physical, chemical, or biological processes, or
mh=, pmownm changes or by other meana, except as pmmuneu by 40 CFx Section
4oao(m).
" Pretreatment : Any umtamiwe or procedural requirement for treating of
nwante prior to inclusion in the POTvV.
" Pretreatment : National o^ueoorion| pretreatment standards or o|u:motive
discharge limits, whichever |aapplicable.
" Publicly (PO]�M In this case, the regional treatment plan
operated ovthe South Central Regional Wastewater Treatment and Disposal Board and
the collection power system owned and operated separately by the City or Boynton
Beach and/or the City nf Delray Beach (POTW).
" Properly The wastes from the pveparmUon, noomnu, and
dispensing of food that have been shredded madegree that all particles will be oomeu
freely under the now conditions normally prevailing in public ovwem, with no particle
greater than 1/2 inch (1.o7 centimeters) m any dimension.
^Eiddbc Sewer": A sewer in which all owners o/ abutting properties have equal rights, and
which is controlled by public authority.
" Regional Facilities The South Central Regional Wastewater Treatment
Plant transmission and umpnaa/ facilities as operated by the South Central Regional
Wastewater Treatment and Disposal Board
'YReplaoceuzen ': Expenditures for obtaining and installing evuipment, mnoeaaorinn, or
appurtenances which are necessary during the menxoe life of the treatment pnowaoe
facilities to maintain the capacity and performance for which those facilities were
designed and constructed.
"Respo Corporate Officer,
VV A president, oenmtarv, treasurer, or vice-president of the corporation in
charge nYe principle business function or any other person who performs
similar policy- or decision-making functions for the corporation; or
(B) The manager of one or more manmfactunng, productim, or operating
facilities, provided the manager;
(1} Is autho m make management mecisions*hkchoovemoe
operation of the regulated facility including having the explicit or
Page 7
186 of 520
implicit duty of making major capital investment recommendations;
(2) Is authorized m initiate and direct other comprehensive measures
m assure long-term environmental compliance with environmental
laws and regulations;
(o) Can ensure that the necessary systems are established o,actions
taken to gouoe, complete and accurate information for onntm}
mechanism requirements;
(«) Has been assigned or delegated the authority to n|Q^ uvovmemu
in accordance with corporate procedures.
"Sanitary Sewa The household and toilet wastes resulting from human occupancy.
"Sadta[y—Smmer.: A sewer which carries sewage and to which omnn, surface, and
ground water are not intentionally admitted.
"Sewage': A combination of the water-carried wastes from naoidenoee, business
uuiNingn, innmuoo^s, and industrial nmtabliahments, together with ground, eurfacm, and
stonnwmternom may uepresent.
" Sewage : All naoU|t|en for wnnemi^y, pumpmg, treauny, and disposing of
wastewater including the poTvK
"Sewer": A pipe nr conduit for carrying sewage.
"SUall'io mandatory; 'May^|opermissive,
" Significant : Except as provided m paragraphs CD and (4) below:
(1} Categorical industrial users; and
(2) Any other industrial user that:
(a) Discharges an average of twenty-five thousand (25.Ono) gallons per day
(opu) or more of nmmssm wastewater to the Treatment Works (excluding
domestic wastewater, noncontact cooling and boiler blow down wastewater);
(b) Contributes a process waste stream which makes up five (a) percent or
more of the average dry weather hydraulic or organic capacity of the treatment
plant; or
(c) Is designated as such by the City on the omoio that ithas o reasonable
potential for adversely affecting the Treatment Works operation or for violating
any pretreatment standard orrequirement.
(3) The Qty may determine that on mmumha| user subject to categorical
pretreatment standards under Rule em-Bu5.*1o.F.A.u. including 4OCFR Chapter |.
Subchapter N, Parts 405-471, is a non-signif icant categorical industrial user.
Page 8
187 of 520
(4 Upon a finding that a user meeting the criteria in Section (B) of this definition has
" Significant no reasonable potential for adversely affecting the Treatment Works operation or for
violating any pretreatment standard or requirement, the City may at any time, on its own
initiative or in response to a petition received from a user, and in accordance with
procedures in 62-625.500(2)(e), determine that such user should not be considered a
significant industrial user.
: Means that violations o, this Agreement byo user subject
m pretreatment standards meet one or more m the following criteria:
(1) Chronic Violation: nsmor more ov all measurements taken for the same pollutant
during aoix-nonm period exceed (by any magnitude) a numeric pretreatment
standard n, requirement, including instantaneous limits:
<2> Technical Review Criteria (TRC) Violation: 33v6 or more of all measurements
taken for the same pp|iuuem during omx-mnnth period ewvo| or exceed the
product of the numeric pretreatment standard or requirement including
instantaneous nmits, multiplied uy the applicable TRC. (TRCequo|m 1.4 for eOD.
T8S. and Oil and Grease; and 12 for all other pollutants except pH):
(u) Any other violation ma pretreatment standard or requirement (dony maximum,
long-term avemgo, instantaneous omit, or menaUvv standard) that the City
determines has cauned, einnn or in combination with other m000ases,
interference or pass through (including endangering the health of City or pOTvv
personnel n' the general public;
(4) *monmorge nmuomd imminent endangerment to human xeaux. ==|fore, or the
environment and resulted in the City exercising its emergency authority under
Section 000,this Agreement:
(5) Failure to meet compliance schedule milestone date within ninety (no) days or
more after the scheduled date contained in a control mechanism or enforcement
order for starting oo^stmctivn, completing construction or attaining nno|
compliance;
(6) Failure u` submit p required report within forty-five (*s) days of its due date;
(r) Failure m accurately report nnn-ovmpUenma;o/
(8) Any other violation or group of violations, including awn|ouion of best
management practice, which the Director determines may cause invowona^re or
pass mmunx or will adversely affect implementation of the City's pretreatment
program.
" Significant ': *viv|exinn that remains uncorrected 45 days after notification of
mnn-nnmpoemuo; wmo» is part of m pattern of non-compliance over o wm|v+manm
period; which involves a failure to accurately report non-compliance; or which resulted in
the POTW exercising its emergency authority under Section 403.8fl(l)(B) of the Act.
Page 9
188 of 520
"Slug Discharge': Any discharge of non-routine, episodic nature, which as reasonable
pmmnmm to cause interference or pass through, or in any other way violate the POTvv
regulations, local limits n, permit conditions.
" Standard c|eosmcmi^n pursuant to the Standard
Industrial Classification Manual issued uy the executive offioeo, the President, Office m
Management and Budget, auamended.
'State': State of Florida.
" Drain" or "Storm Sewer": A sewer that onnipn ntonnwoter and surface water,
street wash, and other wash waters or drainage, but excludes domestic wastewater and
industrial and commercial waste.
^ Any flow occurring during vr following any form ov natural precipitation and
resulting there from.
" Superintendent ': The person designated by the POTW to supervise the operation o,the
pum/o/v owned treatment works and who is charged with certain duties and
responsibilities hy this Agreement, or his duly authorized representative.
"Surcharge": An extra charge |nwieu to e user for treatment of compatible wastewaters
that contain substances im excess of specified maximum allowable limits.
" Suspended ': Solids that are in suspension in water, sewage, or other liquids and
which are removable by laboratory filtering.
"Toxic Pollutant": Any pollutant or combination of pollutants listed om toxic inregulations
promulgated by the Administrator of the Environmental Protection Agency under the
provision nfCvv*nor$$m other Acts.
" Treatment ': That portion nf regional treatment facilities designed to provide
treatment tn wastewater and in npemvam by the South Central Regional wentewoo,r
Treatment and Disposal Board.
" Treatment ':Thewonmwmtertreatmontp|ant. mterceptom, furcemoino, lift
stations, and collection systems.
"User": Any person who monvibutea, cmvnes, or permits the contribution of wastewater
into the POTW.
"User Charge' "User : Aohenme levied on the vn*m of the treatment process
facilities for the cost of operation and maintenance of those facilities and other equitable
and necessary charges.
"Wastewater": The liquid and water carried industrial or domestic wastes from dwellings,
commercial buildings; industrial 800i|i8em, and institutions (whether treated or untreated)
which is contributed into or permitted to enter the POTW.
Page 10
189 of 520
"Wastewater Treatment Plant": Any arrangement of devices and structures used for
treating wastewater, such as the POTW.
"Watercourse": A channel in which a flow of water occurs, either continuously or
intermittently.
S. Compliance with Provisions or More Stringent Regulations
The use of public sanitary sewers and the POTW shall be as outlined in this Agreement
or if more stringent standards are promulgated by law, then the more stringent standards
shall supersede and be considered a part of this Agreement.
A) The disposal of sewage by means other than use of the available regional
wastewater facilities shall be in accordance with city, county, state, or federal
law.
B) The disposal of sewage to the POTW shall be as outlined in this Agreement and
shall be subject to standards which meet or exceed the CITIES' industrial and
commercial waste ordinance requirements as shall exist from time to time, and
shall also be subject to the provisions of the Interlocal Agreement dated
December 26, 1974, between the CITIES creating the POTW.
Page 11
190 of 520
7. Right to Refuse Waste Upon Noncompliance
The CITIES shall adopt within their ordinance the right to refuse waste from any user
where wastewater does not comply with the requirements of this Agreement.
8. Damaging or Tampering With Sewage Works
The CITIES shall adopt ordinances requiring that no person shall break, damage,
destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment
which is part of the sewage works.
9. Permit Reguired for Use of Public Sewer
No unauthorized person shall be permitted to uncover, make any connections with or
openings into, use, alter, or disturb any public sewer or appurtenance thereof without
first obtaining a written permit or permission from the proper official empowered to do so
by the CITIES, individually, whose public sewer is affected.
10. Wastes Discharged Into Sani Sewers to Meet Criteria
The CITIES shall each be responsible to adopt ordinances or regulations to assure that
all waste discharged to public sanitary sewers, which in turn discharge to the regional
treatment facilities (POTW), shall meet or exceed the following criteria:
A) No person shall discharge or cause to be discharged any stormwater, surface
water, ground water, roof runoff, subsurface drainage, uncontaminated cooling
water, or unpolluted industrial process w aters to any sanitary sewer.
B) Stormwater and all other unpolluted drainage shall be discharged to those
sewers as are specifically designated as storm sewers, or to a natural outlet
approved by the proper City or county official. Industrial cooling water or
unpolluted process waters may be discharged on approval of the Utilities Director
to a storm sewer or natural outlet.
C) No person shall discharge or cause to be discharged any of the following
described waters or wastes to any sanitary sewers:
(1) Flammable or explosive liquids or solids or gas including, but not limited
to, gasoline, benzene naphtha, fuel oil, or other materials with a closed-
cup flash-point of less than 140 degress Fahrenheit. (60 degrees Celsius)
using the test methods specified in 40 CIFIR 261.21.
(2) Any water or wastes containing toxic or poisonous or pathogenic solids,
liquids, or gases in sufficient quantity (either singly or by interaction with
other wastes) to injure or interfere with any wastewater treatment
process, constitute a hazard to humans or animals, create a public
nuisance, or create any hazard in the receiving waters of the wastewater
treatment plant.
(3) Solid or viscous substances in quantities of a size capable of causing
obstruction to the flow in sewers, or other interference with the proper
Page 12
191 of 520
operation of the sewer works such as, but not limited to, ashes, cinders,
sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics,
wood, un-ground garbage, whole blood, paunch manure, hair and
fleshings, entrails, paper dishes, cups, milk containers, and the like, either
whole or ground by garbage grinders.
D) No person shall discharge or cause to be discharged the below described
materials, waters, or wastes (collectively, the substances) if it appears likely that
acceptance of those wastes can harm the wastewater treatment process or
equipment, the public sewers, the sanitary sewer systems, or have an adverse
effect on the receiving water body, or can otherwise endanger life, limb, public
property, or constitute a nuisance. The decision shall be based on those factors
as the quantities subject wastes in relation to flows and velocities in the sewers,
materials of construction of the sewers, nature of the wastewater treatment
process, capacity of the wastewater treatment plant, degree of treatability of
waste in the wastewater treatment plant, and other pertinent factors. The
substances prohibited are as follows:
(1) Any liquid having a temperature higher than 150 degrees Fahrenheit or
causing the wastewater treatment plant influent to exceed 104 degrees
Fahrenheit.
(2) Any water or waste containing fats, wax, grease, or oils (whether
emulsified or not) in excess of 100 milligrams per liter or containing
substances which may solidify or become viscous at temperatures
between 32 degrees Fahrenheit and 150 degrees Fahrenheit (0 degrees
Celsius and 60 degrees Celsius). Unless the user is approved by the City
and provided further that the user complies with the requirements of the
City's High Strength Sewer Surcharge.
( Any waters or wastes containing strong acid, iron, pickling wastes, or
concentrated plating solutions whether neutralized or not.
(4) Any waters or wastes containing phenols or other taste or odor producing
substances, in a concentration exceeding limits which may be established
by the POTW as necessary after treatment of the composite sewage to
meet the requirements of the state, federal, or other public agencies of
jurisdiction for that discharge to the receiving waters.
( Any garbage that has not been properly shredded, which shall mean the
wastes from the preparation, cooking, and dispensing of food that have
been shredded to a degree that all particles will be carried freely under
the flow conditions normally prevailing in public sewers, with no particle
size greater than 1/2 inch of any dimension.
(6) Any water or wastes having a pH lower than 5.5 or higher than 9.5 or
having any other corrosive property capable of causing damage or hazard
to structure, equipment, or personnel or any waste treatment works.
(7) Any wastes containing toxic substances in quantities in excess of the
following limits and measured at the point of discharge into any sewer
Page 13
192 of 520
system, or any substance that will pass through the waste treatment
facilities and exceed the state and federal requirements for receiving
waters:
Parameter
Limit
Metals
Arsenic
1.14 mg /I
Cadmium
.93 mg /I
Chromium — Total
17.97 mg /I
Copper
17.59 mg /I
Lead
1.76 mg /I
Mercury
.45 mg /I
Molybdenum
2.50 mg /I
Nickel
5.37 mg /I
Selenium
2.96 mg /I
Silver
4.49 mg /I
Zinc
2.28 mg /I
Inorganics
Chloride
645 mg /I
Cyanide
1.72 mg /I
pH
5.5 — 9.5 std units
Temperature
150 degrees Fahrenheit
Organics
CBOD
400/700 mg /l
COD
800/1,500 mg /I*
Oil and Grease
100/240 mg /I*
Petroleum Hydrocarbons
25 mg /I
Phenol
5.0 mg /I
TSS
400/500 mg /I*
Particle Size
<1/2 inch
Radioactive Elements
Are Prohibited
*Depicts lower surcha rge limit/upper local limit. Upper local limit
subject to enforcement action.
Page 14
193 of 520
(8) Any waste from sodium-cycle cation exchange (water softening) units
from industrial or commercial users where the chloride content exceeds
645 milligrams per liter.
(9) Any water or waste containing suspended solids or color of a character
and quantity that unusual attention or expense is required to handle those
materials at the waste treatment facilities without a special permit issued
by the City.
(10) Any water or waste with a chlorine demand greater than 15 milligrams per
liter.
(11) Any radioactive isotopes without a special permit issued by the City.
(12) Under no conditions will the discharge of domestic, sanitary, industrial, or
commercial waste be permitted into the storm sewer system.
(13) Any radioactive wastes or isotopes or half-life or concentration as may
exceed limits established by the POTW in compliance with applicable
state or federal regulations.
(14) Volume of flow or concentration of wastes constituting slugs as defined
herein.
(15) Any waters or wastes containing substances which are not amenable to
treatment or reduction by the wastewater treatment processes employed,
or are amenable to treatment only to that degree that the wastewater
treatment plant effluent cannot meet the requirement of other agencies
having jurisdiction over discharge to the receiving waters.
(16) Any waters or wastes containing suspended solids in excess of 400
milligrams per liter unless the user is approved by the City and provided
further that the user complies with the requirements of the City's high
strength sewer surcharge.
(17) Any waters or wastes with a five (6) day, 20 degrees Celsius BOD greater
than 400 milligrams per liter unless the user is approved by the City and
provided further that the user complies with the requirements of the City's
high strength sewer surcharge system.
(18) Any waters or wastes containing Chemical Oxygen Demand (COD)
greater than 800 milligrams per liter unless the user is approved by the
City and provided further that the user complies with the requirements of
the City's high strength sewer surcharge system.
E) If any waters or wastes are discharged, or are proposed to be discharged to
the public sewers, which waters contain the substances or possess the
characteristics enumerated in Subsection D of this Section, and which, in the
judgment of the POTW Executive Director, may have a deleterious effect
upon the sewage works, processes, equipment, or receiving waters, or
Page 15
194 of 520
which otherwise create a hazard to life or constitute a public nuisance, the
Executive Director may evoke any of the following:
( Reject the wastes
(2) Require pretreatment to an acceptable condition for discharge to the
public sewers
(3) Require control over the quantities and rates of discharge
(4) Require payment to cover the added cost of handling and treating the
wastes not covered by existing fees or sewer charges as contained in the
strength charge system.
If the POTW permits the pretreatment or equalization of waste flows, the
plans for the design and installation of the equipment shall be subject to
the review and approval of the POTW and the City and subject to the
requirements of applicable codes, ordinances, and laws and compliance
schedules as established by the City. In addition, any major contributing
industry as defined by 40 CFR 403 shall comply with 40 CFR 403.12 and
any other regulation as shall from time to time be established by EPA or
other appropriate regulating governmental agency.
F) Grease, oil, and sand interceptors are to be provided when, in the opinion of
the Executive Director, they are necessary for the proper handling of liquid
wastes containing grease in excessive amounts or any flammable wastes,
sand, or other harmful ingredients; except that those interceptors shall not
be required for private living quarters or dwelling units. All interceptors shall
be of a type and capacity approved by the City and shall be so located as to
be readily and easily accessible for cleaning and inspection.
G) Where preliminary treatment or flow equalizing facilities and/or interceptors
like but not limited to grease traps, lint traps, or grit traps are provided for
any water or wastes, they shall be maintained continuously in satisfactory
and effective operation by the user at his expense. Interceptors must have
watertight closures for their inspection covers. The covers themselves must
be of a type which conforms with the Plumbing Codes of the Building
Department of the City regulating the installation and maintenance of the
interceptors. Use of solvents, detergents, soaps, and/or degreasers is
restricted to those levels which do not interfere with the proper functioning of
the interceptors.
11. Admission of Industrial and Commercial Waste
The Cities shall adopt an appropriate Strength Surcharge System and ordinances and/or
regulations intended to require their users of the public sewers or sanitary sewers to
recognize and comply with the following:
A) The economy and desirability of the combined treatment of industrial and
commercial wastes and sanitary sewage is recognized. However, not all
types and quantities of industrial and commercial wastes can be so treated.
Page 16
195 of 520
It shall be the policy to admit the types and quantities of industrial and
commercial wastes that are not harmful or damaging to the structures,
processes, or operation of the sewage works or are not specifically
prohibited. In all cases, a special permit will be issued which will state
specific conditions and requirements to be maintained. It is also recognized
that to provide this service, additional facilities or treatment are required,
and the cost of that must be borne by the user receiving the benefits.
B) Approval in advance by the City is required for the admission of industrial or
commercial wastes into the public sewers having the following:
(1) A five day, 20 degrees Celsius BOD. greater than 400 milligrams per liter
or chemical oxygen demand (COD) greater than 800 milligrams per
liter.
(2) A suspended solids content greater than 400 Milligrams per liter.
The user shall provide chemical analyses of the discharge according to a
schedule to be established by the POTW and continued discharge shall be
subject to approval by the City.
C) Samples shall be collected so as to be a representative sample of the actual
quality of the wastes. Samples for analysis may be collected by the user or
his representative. Analysis shall be made by a registered sanitary engineer
or graduate chemist whose qualifications are acceptable to the City or a
wastewater treatment plant operator licensed and registered in the state, or
a water testing laboratory certified by the state, using the laboratory
methods for the examination of wastewater as set forth in 40 CFR 136,
Chapter 62-160, F.A.C., and Chapter 62-625, F.A.C, unless otherwise
specified in an applicable categorical pretreatment standard. If 40 CFR Part
136 does not contain appropriate sampling or analytical techniques for the
pollutant in question, the laboratory, with approval of the industrial user, the
City and FIDEP, shall identify and propose a method for use in accordance
with Rules 62-160.300 and 62-160.330, F.A.C.
D) When required by the Utilities Director, any establishment discharging
industrial or commercial wastes into the sewer system shall construct and
maintain (at its sole expense) a suitable control manhole or other suitable
control station downstream from any treatment, storage, or other approved
works to facilitate observation, measurement, and sampling of all wastes
including all domestic sewage from the establishment. The location and
methods of construction of the control station shall be approved by the
Utilities Director. The control station shall be maintained by the
establishment so as to be safe and accessible at all times. If any
establishment wishes to meter its waste discharge into the sewer system to
verify in-product water retention or other uses of metered flow, they may (at
their sole expense) install a flow-metering device as approved by the
Utilities Director. The control station shall be accessible to City personnel at
all times for sampling. All authorized POTW or City employees shall be
permitted, upon suitable notice to the user, to enter upon all properties for
the purpose of inspection, observation, measurement, sampling, and testing
Page 17
196 of 520
in accordance with provisions of this Agreement and the appropriate City
Ordinances.
MMM��
A) The CITIES shall adopt ordinances which require industrial users to provide
necessary wastewater treatment as required to comply with this Agreement
and shall achieve compliance with all national categorical pretreatment
standards within the time limitations as specified by the federal pretreatment
regulations and as required by the POTW. Industrial with integrated facilities
shall comply with any alternative discharge limits as set by the City. Any
facility required to pretreat wastewater to a level acceptable to the City shall
be provided, operated, and maintained solely at the user's expense.
Detailed plans showing the pretreatment facilities and operating procedures
shall be submitted to the City for review at the request of the City. The
review of those plans and operating procedures will in no way relieve the
user from the responsibility of modifying the facility as necessary to produce
an effluent acceptable to the City under the provisions of this chapter. Any
subsequent changes in the pretreatment facilities or method of operation
shall be reported to the City prior to the user's initiation of the changes.
B) All records relating to compliance with pretreatment standards shall be
available to officials of the City, the POTW, EPA, or FIDEP upon request. All
users are required to retain and preserve for no less than three (3) years, any
records, books, documents, memoranda, reports, correspondence,
documentation associated with best management practices, and any and all
summaries thereto, relating to monitoring, sampling, waste hauling and chem ical
analyses made by or on behalf of a user in connection with its discharge. All
records which pertain to matters which are the subject of administrative
adjustment or any other enforcement or litigation activities brought by the Board
or the City pursuant hereto shall be retained and preserved by the user until all
enforcement activities have concluded and all periods of limitation with respect to
any and all appeals have expired. Users shal I make such records available for
inspection and copying by the City and/or FDEP. All sampling and analysis
activities shall be subject to the record-keeping requirements specified in Chapter
62-160, F.A.C.
13. Application of More Stringent Requirements; City Shall Notifv Affected Users
Upon promulgation of the national categorical pretreatment standards or alternative
discharge limits for a particular industrial subcategory, the pretreatment standard, if
more stringent than limitations imposed under this Agreement for sources in that
subcategory, shall immediately supersede the limitations imposed under this
Agreement and shall be considered part of this Agreement. After the CITIES
receive notice, the CITIES shall notify all affected users of the applicable reporting
requirements under 40 CIFIR 403.12.
Page 18
197 of 520
14. POTW Board's Right of Revision
The POTW Board reserves the right to establish by resolution more stringent
limitations or requirements on discharges to the wastewater disposal system if
deemed necessary to comply with the objectives presented in this Agreement.
15. Excessive Discharge
The CITIES shall adopt ordinances intended to prohibit all users from increasing
the use of process water or, in any way, attempting to dilute a discharge as a
partial or complete substitute for adequate treatment to achieve compliance with
the limitations contained in the National Categorical Pretreatment Standards,
alternative discharge limits, or in any other pollutant-specific limitation developed
by the city or state.
16. Prevention of Accidental and Slug Discharges
A) The CITIES shall adopt ordinances to mandate that, where needed, a user
shall provide protection from accidental discharge of prohibited materials or
other substances required by this Agreement. Facilities to prevent
accidental discharge of prohibited materials shall be provided and
maintained at the Owner's expense.
B) Prevention of accidental discharges requires, but is not limited to, providing
secondary containment for storage of potentially hazardous and/or regulated
materials. The containment requirements are those now specified in, but not
limited to, 40 CFR 264.170 through 176. Containment requirements must
meet or exceed the following criteria of this Agreement:
(1) Containment Volume to be Provided shall be 150% of one item or
150% of the largest item or 15% of the total to be stored, whichever
is to be largest.
(2) Storage Sheltering: All outdoor storage shall be sheltered from
rainfall, or a suitable means of removing rainwater shall be provided.
(3) Conditions of the Stored Vessel: All stored containers shall be
maintained in sound condition; no rust, corrosion, or other signs of
deterioration of the primary containment wall shall be permitted. All
stored containers shall be closed and sealed during storage.
(4) Segregation of Chemically Reactive Contents: Materials which
are potentially reactive with each other shall not be stored in the
same containment area (unless physical barrier separations are
provided within the common area).
(5) Stand-by Materials /Equipment: Absorbents and pumps for pumping
out spills shall be available when needed.
Page 19
198 of 520
(6) Design of Containment Floor/Base: The floor or base of the
containment area on which the stored vessels rest shall either be
sloped or raised or provided with a drain faucet to prevent or
minimize contact between the storage container wall and spilled
content,
(7) Materials of Construction for Containment: The walls, sidings, and
floor or base of the containment area shall be constructed of
materials which are chemically inert with the stored materials and
which render the provided containment volume leak proof.
C) On the request of the POTW Board, the City shall require the user to submit
to the City for review detailed plans showing facilities and operating
procedures to provide this protection. All required users shall complete this
plan within ninety (90) days after notification by the City. If further required
by the City, a user who commences contribution to the public sewers after
the effective date of this Agreement shall not be permitted to introduce
pollutants into the system until accidental discharge procedures have been
approved by the City. Review and approval of those plans and operating
procedures shall not relieve the industrial user from the responsibility to
modify the user's facility as necessary to meet the requirements.
D) The CITIES shall evaluate, at least once every two years, whether each
significant industrial user needs a plant to control slug discharges. New
significant industrial users must be evaluated within 1 year of being
designated a significant industrial user. Significant industrial users are
required to notify the City immediately of any changes at its facility affecting
the potential for a slug discharge. If the City decides that a slug control plan
is needed, the plan shall be prepared in accordance with the requirements of
Rule 62-625.500(2)(b)(6), F.A.C.
E) The CITIES shall adopt ordinances that mandate that, in the case of an
accidental discharge, including slug discharges and prohibited discharges, it
is the responsibility of the user to immediately notify by telephone, the
Utilities Director, the Executive Director of the POTW, and the POTW. The
notification shall include location of discharge, type of waste, concentration
and volume, and correction actions.
Within five (5) days following an accidental discharge, the CITIES' ordinance shall
require the user to submit to the POTW and to the City a written report describing
the cause of the discharge and the measures to be taken to prevent similar future
occurrences. The notification shall not relieve the user of any expense, loss,
damage, or other liability which may be incurred as a result of damage to
public/sanitary sewer system, the sanitary sewer system, the POTW, fish kills, or
any other damage to person or property; nor shall the notification relieve the user of
any fines, civil penalties, or other liability which may be imposed by this Agreement
or other applicable law.
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If sampling performed by a user indicates m `iolation, the user must notify the
CITIES within (2*) hours of becoming aware of the violation. The user
nhen also repeat the sampling and analysis and submit the results of the repeat
analysis to the CITIES within thirty (30) days after becoming aware of the violation.
If the CITIES have performed the sampling and analysis in lieu of the industrial
user, the CITIES must perform the repeat sampling and eno|voix unless the user is
mvonem of the violation and the cmEa requires the user to »ehhnn the nanem
analysis. The use, is not required to mmample if the omEo mnmuvm at the user's
facility at least once a mmnm, or if the CITIES samples between the user's initial
sampling and when the user receives the results nf the sampling.
19. Notice to Employees in Event of Dangerous Discharge: Ernergencv Notificati6
The CITIES' ordinances shall require snotice to be permanently posted nnthe
user's bulletin board or vme, prominent place ed"mmg employees of whom to call
in the event of a dangerous discharge. Furthermore, all employers shall ensure that
all employees who may cause o dangerous movhanse to occur are advised of the
emergency notification procedure.
eo Notification of the Discharge of Hazardous Wastes
A) The Cities shall adopt ordinances intended to require all industrial users m
have provisions for notifying the CITIES (Director), the Executive Director of
the POTVxthe EPA Regional Waste Management Division Director, and the
state hazardous waste authorities in writing of any maohome into the City
Sewer System of substance which is m listed n, characteristic waste under
Section 3001 cfRCRA. 40 CFR part 261, nr Chapter 62-730. F.A.C. Such
nuunoexin^ must include the name of the hmzomovo waooa. the EPA
hazardous waste mum»er, and the type of discharge (nnnUnuoua, uatoh, or
m»m,). This requirement shall not apply m pollutants already mpnxsu under
the self-monitoring requirements. Notification is required no later than thirty
(ao) days after the discharge o( the listed mr characteristic hazardous waste.
w the industrial user discharges more than 100 kilograms ov such waste per
calendar month to the Treatment Works, the notification shall also contain
the following information u, the extent such information is known and naam|y
available tn the industrial user:
( An identification of the hazardous constituents contained in the
waste,
(2) An estimation of the mmem and concentration of such constituents in
the waste stream discharged during that calendar month, and
(o) An estimation of the mono or constituents in the waste stream
expected to be discharged during the following 12 months.
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B) Dischargers are exempt from requirements during a calendar month in which
they generate no more than fifteen (15) kilograms of hazardous wastes,
unless the wastes are acute hazardous wastes, as specified in 40 CFR 261
and Chapter 62-730, F.A.C. Discharge of more than fifteen (15) kilograms
of non-acute hazardous wastes in a calendar month, or of any quantity of
acute hazardous wastes as specified in 40 CIFIR 261 and Chapter 62-730,
F.A.C., requires a one-time notification. Subsequent months during which
the industrial user discharges more than 15 kilograms of hazardous wastes
do not require additional notification.
C) In case of the new regulations under Section 3001 of RCRA identifying
additional characteristics of hazardous wastes or listing any additional
substance as a hazardous waste, the industrial user must notify the Utilities
Director of the discharge of such substance within ninety (90) days of the
effective date of such regulations, except for the exemption in Paragraph 2
of this Section.
D) In the case of any notification made under this Section, the industrial user
shall certify that it has a program in place to reduce the volume and toxicity
of wastes generated to the degree it has determined to be economically
practicable and that it has selected the method of treatment, storage, or
disposal currently available which minimizes the present and future threat to
human health and the environment.
Within ninety (90) days following the date for final compliance with applicable
pretreatment standards or, in the case of a new source, following commencement
of the introduction of wastewater into the public /sanitary sewer system, each City
shall submit to the Executive Director, a monitoring report that meets the
requirements of Rule 62-625.600(1), F.A.C., indicating the nature and
concentration of all pollutants in the discharge from the regulated process which
are limited by pretreatment standards and requirements and the average and
maximum daily flow for these process units in the user facility which are limited by
those pretreatment standards or requirements. The report shall state whether the
applicable pretreatment standards are being met on a consistent basis and, if not,
what additional pretreatment is necessary to bring the user into compliance with the
applicable pretreatment standards or requirements. This statement shall be signed
by an authorized representative of the industrial user and certified to by a qualified
representative.
Page 22
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22. Periodic Compliance Report
Each City shall submit to the POTW during the months of June and December,
unless required more frequently in the pretreatment standard or by the POTW, a
report indicating the nature and concentration of pollutants in the effluent which are
limited by those pretreatment standards or this chapter. The reports must be based
on sampling and analysis performed in the period covered by the report. Periodic
compliance reports shall meet the requirements of Rule 62-625.600(4) and (7),
F.A.C. In addition, this report shall include a record of all daily flows which, during
the reporting period, exceed the average daily flow reported in the submission
information. At the discretion of the POTW and in consideration of those factors as
local high or low flow rates, holidays, budget cycles, and the like, the POTW may
agree to alter the months during which the above reports may be submitted. The
CITIES may reduce reporting requirements to a frequency no less than once a
year, unless required more frequently in the pretreatment standard of by FDEP, if
the industrial user meets the requirements of Rule 62-625.600(4)(d), F.A.C. In
cases where the pretreatment standard requires compliance with best management
practice (BIVIP), or pollution prevention alternative, the CITIES shall require the
industrial user to submit documentation required by the City or the pretreatment
standard necessary to determine the compliance status of the industrial user, The
CITIES may authorize an industrial user to waive sampling of a regulated pollutant
if the industrial user demonstrates compliance with Rule 62-625.600(4)(b) and (c),
F.A.C.
23. Monitoring Facilities
A) Each City may require to be provided and operated, all at the user's own
expense, monitoring facilities to allow inspection, sampling, and flow
measurement for the building sewer or internal drainage systems. The
monitoring facility should normally be located on the user's premises, but the
City may, when a location would be impractical or cause undue hardship on
the user, allow the facility to be constructed in the public street or sidewalk
area located so that it will not be obstructed by landscaping or parked
vehicles. There shall be ample room in or near the sampling manhole or
facility to allow accurate sampling and preparation of samples for analysis.
B) The facility, sampling, and measuring equipment shall be maintained at all
times in a safe and proper operating condition at the expense of the user.
Whether constructed on public or private property, the sampling and
monitoring facilities shall be provided in accordance with plans and
specifications submitted to and approved by each City and all applicable
local construction standards and specifications. When required,
construction of those facilities shall be completed within ninety (90) days
following written notification by the City.
24. Inspection and Sampling
Each City, through its employees, is authorized to inspect the facilities of any user
to ascertain whether the purpose of this Agreement is being met and all
requirements are being complied with. Persons or occupants of premises where
wastewater is created or discharged shall allow the City or its representative ready
Page 23
202 of 520
access at all reasonable times to all parts of the premises for the purposes of
inspection, sampling, records examination, records copying, or in the performance
of their duties. The City, POTW, state, DEP, and EPA shall have the right to set up
on the user's property those devices that are necessary to conduct sampling
inspection, compliance monitoring, or metering operations. Where a user has
security measures in force which would require proper identification and clearance
before entry into their premises, the user shall make necessary arrangements with
their security guards so that upon presentation of suitable identification, personnel
from the City, POTW, DEP and EPA will be permitted to enter, without delay, for
the purposes of performing their specific responsibilities.
PVIIIIIIIIIIIIIIIIIIII711
Information and data on a user obtained from reports, questionnaires, permit
applications, permits and monitoring programs, and from inspections shall be made
available to the public or other governmental agency in accordance with applicable
state statutes or federal law.
26. Special Permit Reguired; Term
A special permit will be required by the POTW for each City. A wastewater
discharge permit shall be issued for a specified time period, not to exceed five (5)
years from the effective date of the permit. A wastewater discharge permit may be
issued for a period less than five (5) years, at the discretion of the Director. Each
wastewater discharge permit will indicate a specific date upon which it will expire.
These permits involve the implementation of a formula for surcharge for wastes
which exceed the sewage parameters for strength as set forth herein and also
require enforcement by the Cities to prevent the discharge of wastes which exceed
the sewage parameters for strength as defined in the Agreement. In order to effect
these provisions, each City shall provide for development of a permit program for
its users.
The Cities agree to administer a waste discharge permit program for all their
industrial users as follows:
A) The application for a waste discharge permit shall be of a form specified by each
city.
B) This application will define all of the pertinent data concerning the acceptance of
industrial and commercial waste flows and will provide the basis for the issuing of
a permit certificate specifying limitations on what the user may discharge. The
permittee may petition specific conditions of the permit for a period of thirty (30)
calendar days following the date of issuance. After this period, the permittee
waives all right to petition the conditions of the permit.
C) The initial permit shall be effective for a period of no more than five years from
date of issuance.
Page 24
203 of 520
D) An application for an initial permit shall be accompanied by a cashier's check in
an amount as established by each City as a Permit fee plus the City's monitoring
costs.
(1) Industrial and Commercial Waste Discharge Permit Form: The form of
permit for industrial and commercial wastes shall be as specified by each
City. Specific provisions for continued acceptance by each City of the
waste shall be attached to and made a part of the permit to discharge.
Each City may prescribe those items as equalized flow discharge, pre-
chlorination, or additional limitations on waste characteristics not
adequately described in this Agreement, or may prescribe pretreatment
quality, requirements for the waste flow in detail.
(2) Renewal of Industrial and Commercial Waste Discharge Permit: The
application for a renewed waste discharge permit shall be of a form
specified by each City.
E) Administration of Permits:
(1) The administration of the industrial and commercial waste discharge
permit program and the application of the surcharge formula imposes
additional obligations of the Cities.
(2) The Cities, in addition to determining the waste flow volumes and
analyzing the wastes strengths for development of the surcharge, must
also maintain an accurate record of the permit applications, permits,
meter installation details, meter calibrations, and shall make available to
each establishment the necessary renewal application forms.
28. Application of Surcharge Over Standard Use Fee
A) The Cities shall adopt ordinances providing for a surcharge to be applied
over and above the standard sewer use fee when the wastes from lot or
parcel of land, upon which there is located any building or activity, contain
BOD, COD, Ammonia, or suspended solids concentration higher than
defined herein.
B) The surcharge in dollars shall be computed by the formulas established by
the Cities for the user charge and industrial cost recovery system.
C) Nothing in this Agreement shall restrict the City from making additional
adjustments in rates if it is found that the nature or quantity of the wastes
creates an additional burden on the system or if those adjustments are
necessary to comply with regulations of the State Department of
Environmental Protection or the United States Environmental Protection
Agency.
Page 25
204 of 520
The POTW is responsible for the proper treatment and disposal of all waste that is
proper to process through the regional treatment facilities, beginning at the point
source.
A) To the extent permitted by general law, the proper official and other duly
authorized employees of the City or the POTW bearing proper credentials
and identification shall be permitted to enter all properties for purposes of
inspection, observations, measurement, sampling, and testing in accordance
with the provisions of this Agreement. The official or his representatives will
not inquire into any processes, including metallurgical, chemical, oil,
refining, ceramic, paper, or other industries beyond that point having a direct
bearing on the kind and source of discharge to the sewers or waterways or
facilities for waste treatment.
B) To the extent permitted by general law, the proper official and other duly
authorized employees of the City or the POTW bearing proper credentials
and identification shall be permitted to enter all private properties through
which the City holds an easement for the purposes of, but not limited to,
inspection, observation, measurement, sampling, repair, and maintenance of
any portion of the sewage works lying within that easement.
31. Suspension of Wastewater Treatment Service; Notice to Stop Discharge: FallEe
to Comply
A) The Cities shall adopt ordinances providing that each City may suspend the
wastewater treatment service to any user, including other local
governments, when the suspension is necessary, in the opinion of the City,
in order to stop an actual or threatened violation which presents or may
present an imminent or substantial endangerment to the health or welfare of
persons or the environment, causes interference to the POTW, caused the
POTW to violate any condition of its NPIDES permit, or causes the City to be
in violation of any of its agreements with the POTW.
B) The Cities shall require that any user notified of a suspension of the
wastewater treatment service shall immediately stop or eliminate the
contribution. In the event of a failure of the City to cause the user to
voluntarily comply with the suspension order, the POTW shall take steps as
deemed necessary, including immediate severance of the sewer connection,
to prevent or minimize damage to the POTW systems or endangerment to
any individuals. The POTW may reinstate the wastewater treatment service
upon proof of the elimination of the non-complying discharge. A detailed
written statement submitted by the user describing the causes of the harmful
contribution and the measures taken to prevent any future occurrence shall
be submitted to the City within fifteen (15) days from the date of the
occurrence.
Page 26
205 of 520
Whenever the POTW finds that any City has violated or is violating any of the
provisions of this Agreement, or any prohibition, limitation requirements contained
herein, or any regulations promulgated by the City pursuant to this Agreement, the
POTW may serve upon that City a written notice stating the nature of the violation.
Within thirty (30) days of the receipt of the notice, a plan for the satisfactory
correction thereof shall be submitted to the POTW by the City.
33. Publication of Users in Significant Non-Compliance
The POTW or the City shall publish annually a list of the industrial users which,
during the previous 12 months, were in "significant non-compliance" with applicable
pretreatment standards and requirements as defined in Section 4 of this
Agreement. Public notification shall be included in a newspaper(s) of general
circulation within the jurisdiction served by the Treatment Works that meets the
requirements of Sections 50.011 and 50.013, F.S.
No person shall knowingly make any false statements, representation, or
certification in any application record, report, plan, or other document filed or
required to be maintained pursuant to this Agreement, or falsify, tamper with, or
knowingly render inaccurate any monitoring device or method required under this
chapter.
35. Show Cause Hearing
A) Any party subject to enforcement action under the provisions of this Agreement
may request a hearing before the Executive Director within ten (10) days of
receipt of notification or proposed enforcement action. A hearing is to be held by
the Director concerning the violation, the reasons why the action is to be taken,
the proposed enforcement action, and directing the user to show cause before
the Executive Director why the proposed enforcement action should not be
taken.
B) The Executive Director may conduct the hearing and take the evidence, or, at the
Executive Director's sole discretion, may designate the POTW attorney or an
independent arbitrator to:
(1) Issue, in the name of the Executive Director, notices of hearing requesting
the attendance and testimony of witnesses and the production of evidence
relevant to any matter involved in that hearing.
(2) Take evidence and hear testimony (the strict rules of evidence shall not
apply to any hearing).
(3) Transit a report of the evidence and hearing, including transcripts and
other evidence, together with recommendation to the Executive Director or
his designee for action thereon.
Page 27
206 of 520
C) At any hearing held pursuant to this Agreement,
oath and recorded stenographically, with the costs thereof to be borne by the
user. The transcript, so recorded, will be made available to any member of the
public or any party to the hearing upon payment of the usual charges thereof.
D) After the Executive Director orhis designee has reviewed the wmidenne, he may
issue an order on the us* responsible for the non-cnmp|ianne(s) stating mm,
following a thirty (30) day time period to provide ,emod|ex|un vfnon-
pompnonoe(e). penalties as per this Agreement shall go into effect. Further
orders ao are necessary and appropriate may umissued.
E) The POTVVshall also establish appropriate surcharges or fees mm* Cities to
n,/m»vme the P0Tw for the additional cost m, operation and maintenance nfthe
wastewater treatment works due m the violation ox this Agreement.
F) Any action by the Executive Director nr his designee may be appealed mthe
poTvvBoard.
G} Costs for conducting o Show Cause Hearing nheo be bonne by the v=e,
requesting the hearing, if the enforcement action isupheld.
K any person discharges sewage, industrial wastes, or other wastes into the City's
wastewater disposal system contrary to the provisions oxthis Agreement, federal o,state
pretreatment requirements, or any Order of the oty, and the City has not timely taken
appropriate action to prevent such ovio|ation. the POTWeeuomev may commence an
action o@uinm the City within whose monnm|mn system the violation is omcum^o, for
appropriate legal relief, m the appropriate court which has jurisdiction.
37. Retention of Records Required
The Cities shall adopt ordinances which require all users m retain and preserve for no
less than three CV years, any records, b000, doomemo, memnranda, reports,
upneuponmence, documentation associated with best management promicem, and any
and an summaries u»nrexn, relating to mnnitohng, nompUno, and chemical analyses
made by or on behalf of a user in connection with its discharge. All records which pertain
to matters which are the subject of administrative adjustment or any other enforcement
or litigation activities brought by the POTW or the City pursuant hereto shall be retained
and preserved by the user until all enforcement activities have concluded and an periods
of limitation with respect to any and all appeals have expired. Users shall make such
records available for inspection and copying by the CITIES and/or FoEP. All sampling
and analysis activities shall be subject mthe mcnm'keopmn requirements npao|fieu in
Chapter 62-160, F.A.C.
38. Enforcement Plan
The Cities shall adopt ordinances providing for en escalating enforcement strategy to be
used by the Cities mmaintain compliance with this Agreement. The various types of
enforcement actions shall be used as determined by the Utilities Director depending on
Page 28
207 of 520
the severity of the violation. A copy of the enforcement plan will be kept on file at the
POTW.
UMM94=
The Cities shall adopt, by ordinance, as a minimum, the following penalties:
A) Civil Penalties: The Cities shall adopt an ordinance providing that any user who is
found to have violated an Order of the City or Ordinance adopted to provide for
compliance with this Agreement or who fails to comply with any orders, rules, and
regulations issued by the City pursuant to this Agreement, shall be penalized in at
least the amount of$11,000.00 per day for each offense. Each day on which a
violation shall occur or continue shall be deemed a separate and distinct offense.
In addition to the penalties provided herein, each City may, to the extent permitted
or authorized by law, recover reasonable attorneys' fees and other expenses of
litigation by appropriate motions or suit at law against the user/person found to
have violated this Agreement or the ordinances, orders, rules, regulations, and
permits issued hereunder.
B) Any person who shall continue any violation beyond the time limit provided for in
this Agreement shall be guilty of a violation, and on conviction thereof, shall be
penalized in at least the amount of $1,000 and not exceeding $5,000.00 for each
violation. Each day in which any violation shall continue shall be deemed a
separate offense.
C) Within thirty (30) days of any and all violations, the user shall cause a sample of
the discharge to be taken and laboratory analysis performed on said sample at
their expense with the results to be provided to the Utilities Director. The Utilities
Director may require further at such times as he deems appropriate.
, I .
At Board level, the costs for testing of each City's effluent line to the facility will vary with
the number and types of industries reported to exist in each City.
The following Cost Recovery Formula is hereby adopted and shall be applied to each
City on the basis of such monitoring activity:
41. This Agreement supersedes in their entirety, all prior Industrial Waste an,
Pretreatment Agreements between the parties and all amendments thereto.
Page 29
208 of 520
BOARD ORDINANCE PRETREATMENT COST RECOVERY FORMULA
PCc= (S. x Sn) + (Ac x An)
Formula Definitions:
PC = Pretreatment Monitoring Charge per City
S. = Sampling Activity Cost
S = Number of Samples
k = Analysis Cost
A = Number of Analyses
Page 30
209 of 520
IN WITNESS WHEREOF, the parties hereto have executed this Industrial Waste and
Pretreatment Agreement this _ day of 20
ATTEST:
Secretary
ATTEST:
ATTEST:
City Clerk
M
I'lN d 4
By:
Chairperson, Angeleta Gray
CITY OF BOYNTON BEACH
By:
Mayor
lei 11 "012 it] ZI 11:7X&A ZF-IT91 I
By:
Mayor
Board Attorney/Roger Saberson
Page 31
210 of 520
The above action is hereby ratified in open session by the City of Boynton Beach this
day of 20
Witnesses: CITY OF BOYNTON BEACH
(SEAL)
By:
Mayor
Attest:
City Clerk
Approved as to form:
City Manager
City Attorney
The above action is hereby ratified in open session by the City of Delray Beach this _ day
of 20
Witnesses: CITY OF DELRAY BEACH
4M
Attest:
City Clerk
(SEAL) Approved as to form
City Manager
City Attorney
Page 32
211 of 520
6. 1
CONSENT AGENDA
September 18, 2012
r '
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: September 18, 2012
NATURE OF
AGENDA ITEM
❑
OPENINGS
❑
PUBLIC HEARING
❑
OTHER
❑
CITY MANAGERS REPORT
El
ANNOUNCEMENTS /PRESENTATIONS
El
UNFINISHED BUSINESS
❑
ADMINISTRATIVE
❑
NEW BUSINESS
®
CONSENTAGENDA
❑
LEGAL
❑
BIDS AND PURCHASES OVER $100,000
❑
FUTURE AGENDA ITEMS
❑
CODE COMPLIANCE AND LEGAL
SETTLEMENTS
REQUESTED ACTION BY CITY COMMISSION: Approve the minutes from the regular City
Commission meeting held on September 4, 2012
The City Commission met on September 4, 2012 and minutes were prepared from the
notes taken at the meetings. The Florida Statutes provide that minutes of all
Commission meetings be prepared, approved and maintained in the records of the City
of Boynton Beach.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? A record of the actions taken by
the City Commission will be maintained as a permanent record.
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
212 of 520
4001*0 All
Woodrow L. Hay, Mayor
Mack McCray, Vice Mayor
Steven Holzman, Commissioner
Marlene Ross, Commissioner
Lori LaVerriere, Interim City Manager
James Cherof, City Attorney
Janet Prainito, City Clerk
A. Call to order - Mayor Woodrow L. Hay
B. Invocation
C. Pledge of Allegiance to the Flag led by Commissioner Holzman
Mayor Hay called the meeting to order at 6:29 p.m. and welcomed those present. The
invocation was given by Mayor Hay and the Pledge of Allegiance to the Flag was led by
Commissioner Holzman.
The brand promise statement was read: "it is time to take a look at Boynton Beach, a
tropical hometown where the Atlantic meets the Everglades".
E. Agenda Approval:
1. Additions, Deletions, Corrections
Commissioner Ross pulled Items 6.F and 6.H. Vice Mayor McCray pulled Item 6.C.
Commissioner Holzman pulled Items 6.1 and 6.J. Mayor Hay indicated the items he
wished to pull had already been mentioned.
J,
Vice Mayor McCray moved to approve the agenda. Commissioner Holzman seconded
the motion.
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Meeting Minutes
Regular City Commission
Boynton Beach FL Septemb
Vote
The motion passed unanimously.
2. OTHER
A. Conduct First Budged Public Hearing for FY 2012/2013 Proposed Annual
Operating Budget.
AttomeyCherof advised it was the first of two public hearings being conducted toadopt
the upcoming year's mUlage rate and budget. The first item discussed would be the
miUage rate, followed by the budget discussion. Members of the public would begiven
the right to participate and ask questions or get information on the proposals. Amecond
public hearing would be held on September 18.2O12otthe same location, at 6:30 p.m.
with the same process. It would be when the final mi||oge naha and final budget would
be established by the Commission.
Vice Mayor yWcCrey wanted the impact ufe possible tie vote explained. AttorneyChemf
ouggmsted, beyond the differences, the Commissioners should move forward with the
adoption of the tentative budget and miUeQe. At the final heahng, if bwoXvm/ vote is
obtained the Commission would be in default of the provisions of the Statute. The
consequences would include state share funds would have to be forfeited and would not
be received until the budget was adopted in some process.
Ms. La\6erriere added the amount of funds ei stake would be $6.7 million.
Mayor Hay wanted clarification regarding the timeline. Attorney Cherof noted proposed
changes and amendments could still be made. If deadlock is creetad, the details
could be further discussed at the second public meeting.
Barry Atwood, Finance Dinador, thanked the budget team for their preparation of
budget and Tony Davidson, Budget K8aneger, Deputy Director Tim Howard and
Revenue Manager, Sue Moroney for their work on the budget and presentations.
Mr. Atwood continued the total budget was $167 million for all funds. KAa. LaVerriere
interjected there were seven issues that remained from the workshops that had to be
finalized. She also announced the final hearing onthe fire assessment would be held et
a special meeting on September 13 th. aThunsday. at 6:30 p.m. in Chambers and the
second budget public hearing would beon September 18.etG:30p.m.
Mr. /#xmond recalled the tentative rate had been set onJuly 17 The general fund
budget was 41%uf the total budget. The water and sewer fund io2294 and other funds
follow at lesser percentages. C)n the revenue side, 1O096uf the water and sewer fund io
214 of 520
Meeting Minutes
Regular City Commission
Boynton Beach, FL September 4, 2012
funded by the rates and is the largest source ofrevenue at $36 million. Property taxes
are the second source of revenue et$23.5million.
Personnel services are the largest single element of the budget from all funds with 702
City employees that represents e decrease of three from the current year. In 2006/07
there were 088 employees for a22Y6 decrease todate.
The {3mnena| Fund has m proposed expenditures of $68.8 million which is a 5.8%
inonaaao over the current fi000| year. Personnel aemiome consume 8196 of the total
budget. Fire and Police, Public Safety, is 7096 of the personnel expenditures with a
total budget representing 47796. The proposed increase in the budget ioa$3.7million
increase over the current year budget of $165,142 fore 5.6896 increase. The annual
contribution ho the three pension funds is $2.2 million. There iaonemployee health
insurance increase of $545,000. Agnmnt expired for the Police Department and the
officers are now added back into the General Fund budget mt$R32.UOO. There ieaFire
salary increase under the collective bargaining agreement of $438,000. Those items
total in excess of $3.825 million which would be slightly in excess of the proposed
increase.
The funding sources for the proposed budged include the property tax levy at 7.8 mi||e,
the tentative rate resulting in o net levy of $23.5 million. The difference between the
total tax levied and the net taxes going into the General Fund, would be the amount of
the Tax Increment Funding (T|F) that the City is required to give to the Community
Redevelopment Agency and the property tax discounts that citizens utilize for paying
taxes in advance of the due date.
The C9enenm| Fund balance has been reduced by 5896 or$1O.4million between fiscal
year 20050O and the current fiscal year. The reason for the decrease was the property
tax decline of27Y6 from $32.3 million down Uo the $23.G million proposed for FYi2/13.
The fund transfers from the General Fund and other funds have made up the difference
because the budgeted expenditures have not been reduced by very much. Taxes were
reduced.
The rollback rate is the rate that would raise the same amount of tax revenue as the
property tax raised last year, in the current year. The rollback rate is 7.3018 and the
current rate is 7.1941 mills. |t calculates ooe rate increase of 1.4896 resulting in e levy
increase ofOY6.
The recommended and proposed budget is a tax rate increase of 5.64 and 8.42, but the
real increase is the |nvmer percentage of 4.09 or 8.83. The calculation involved new
construction and assessed valuation and other pluses and minuses that were
determined by the State. The objective io the TRIM rate for no tan increase is to raise
the same amount of taxes in the new budget year moin the current budget year.
215 of 520
Meeting Minutes
Regular City Commission
Boynton Beach, FL September 4, 2012
There were o couple changes that involved taking $3 million from the General Fund
balance or reserve, establish the miUeQe rate and o Fire Department wage increase in
the collective bargaining agreement. There in also a potential increase in building
permit fees and other fees.
K8e. LaVerriere noted the transfer of $3 million was a result of being fiscally conservative
coming into the close of the last budget year at $2.4 million under budget. It gave the
leverage to take the $3 million from the reserve fund. A major goal should be to build
up the reserves again.
Mr. Atwood continued the wish list items from the budget workshops and the
recommended rate of 7.6 mills would namu|t in a slight deficit of $302,000. Raising the
rate to the tentative rote of 7.8 mills would odd $821.000 and puts the City in a positive
budget position mf$318.0OO.
The City-wide property values fell by almost 2%. In fairness to the press and in
conjunction with the TRIM requirements the 8.8396 tax increase is the actual notice in
the newspaper which im the percentage over the rollback rate.
The five-year trend in the gross taxable values has gone from $8.134 billion declining by
38% to $3.7 billion. The tax rates have gone down from the high of 7.5 mills with e
gross taxable value of$4.2 billion upbne high of$8.1billion. Ms. Lak/erhenm noted the
property values have dropped only 1.596 this year and hopefully the decline was
leveling off. Mr. Atwood advised the decline to the Community Redevelopment Agency
was 37%inT|Ftaxes.
By adopting e nniUoge rate lower than the rollback nabo resulted in property taxes
decreasing by $18.8 million over the four year period or an average of $4.2 million
annually. It was a tax decrease of $16.8 million that was recouped by using reserves
and fund balances out cf other funds to balance the budget. Those reserves have been
exhausted fairly low. The current year was the first time that taxes were set at the
rollback rate.
Even though there have been tax increases, there were a greater number of taxpayers
paying $2O0mr less ined valorem property taxes. The recommended 78 tax rate for an
assessed vo|ue, after the homestead exemptiun, results in an increase of $2.55
annually. At the 7.8 mill mete. the increase would be $7.35 a year for 29% of the
population in the City of Boynton Beach. The City's taxes are o little less than a third of
the total tax bill. The impact on commercial and non-homestead properties would be an
increase of$12.7O annually et7.8 mills and m$22.5O annual increase for the 7.8mills.
K4e. LaVerriena reviewed items that needed to be addressed from the workshops. The
landscape maintenance has been greatly reduced and makes. attracting economic
development much hander. Adding in $150,000 was discussed. Increasing the Library
budget to include more books and publications was discussed at $41.000. It would be
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approximately $133.000 to keep the Library open on Fridays. K80. Lo\Aaniene was not
recommending the change. The public had adjusted to the hours.
The third item was total cost of overtime for the Police Department in all budgets. The
overtime budge{ in the Police Department in budgeted at $80000 and $45.780 is
budgeted for the npooie| detail at the Library. The reimbursement for overtime from
other agencies io budgeted *t $55.00Oeyear.
The closure ofFire Station #1 and the impact relating to response times, revenues, and
layoffs was covered ina memo from Chief Carter. There was also en update on the red
light camera program. NYa. LaVerriere was recommending adding two Community
Service Officers tnthe budget to administer the program and not utilize road patrol
officers. Approximately $300.000 was transferred out of the program and there has
been a positive impact on safety issues.
The 4 th of July funding through the Community Redevelopment Agency (CRA) has been
questioned and transferred to the City with $85.000 for special events. The
Development Department was prepared to offer suggestions on ways to raise revenue
and the budget reflected an increase of *75.000 if the adjustments were approved by
the Commission.
Vice Mayor yNcCnay stated the |avv requires the items shifted from the CRA to the City
because T|F monies cannot be used for those purposes. Mayor Hay inquired if the City
would have to re-pay the CRA for those expenses previously paid. Attorney Cherof
could not respond to the maintenance issue because he had approved the resolution
the Commission adopted that it was a proper use of CRA funds. The CRA Attorney
GpiUoe also approved the resolution and felt it was e proper use of funds. To his
know|edge, there was no claim pending from the CRA. K4e. Le\Aerrimne noted the CRA
auditor did not deem n repayment would beappropriate.
On the landscape issue, K8m. LaVerhare reported that built into the $150.000 are two
enaao over by the Promenade and K8ahno entrance that the CFb4 has paid for
maintenance. The City now administers the contract and the cost is proposed to be
shifted to the City budget.
JeffLivergood. Director of Public Works and Engineering, explained the bids received
provided good verification of the cost with the more expensive items being re-
establishment of some of the trees and plantings. Commissioner Holzman inquired if
any new plantings would be low maintenance, in their natural habitat and indigenous
species that would not be costly to water. Mr. L|vergood confirmed that was the intent.
The medians have been trensitioned from mowing turf to plantings and mu|oh, reducing
the watering and maintenance costs. It ooxena both Boynton Beach Boulevard and
Federal Highway within the incorporated limits entirely.
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Mayor Hay inquired if there was some type of priority to the |kd and KXc Livorgmod
responded it was one cohesive project and were all given priority. N|o. LaVemhene noted
it did not include the Congress Avenue corridor ed this time. Commissioner Holzman
clarified it would not diminish the funding set aside to improve 8eocnsmt Boulevard that
was in capital funds. Mr. Limargnod indicated the project would commence October 1.
2012.
Vice Mayor N4oCray asked if the mulch would be nap|eoed down Federal Highway. Mr.
Livergmod advised the mulching was not being done at all and would now be done two
times ayemr.
Commissioner Ross thought itwas a priority and should be put in motion for the Federal
Highway and Boynton Beach Boulevard areas.
Commissioner Holzman wanted to discuss the issues involving the Library of $41,000
for books and $130.0OO for opening the Library one additional day ofservice. Craig
Clark, Library Director, responded the one-day costs would include staffing and utilities.
Commissioner Holzman asked K m half day on Friday was considered and the cost
involved. Mr. Clark advised K would not been even split of the costs and it would cause
on internal nightmare for scheduling personnel. The request was mode to have o
breakdown of the anticipated cost by the next meeting, for a half day.
Mayor Hay inquired if Mr. Clark had received any demands ho have the Library open on
Fridays. Mr. Clark replied at first there were some complaints, but it was mostly people
using the computers for job searches and research.
Vice Mayor K8uCnsy noted the Palm Beach County Libraries are open on Fridays aeon
alternative for any urgency. He was fine with the Library remaining cloned on Fridays.
Commissioner Ross and Mayor Hay agreed. Saving the money was good at this time.
k80. La\A*rheno turned to the overtime for the Police Department and explained it is
limited to the Police Department and the special detail at the Library. Neither Mayor
Hay nor Vice Mayor K8cCrey indicated they had any concerns.
Item four involved Fire Station #1 closing. |t had been discussed ot previous workshops
and meetings initially to identify space needs for the expansion of the Police
Department. |t was hoped that a workshop could be scheduled totalk about the overall
campus in light of work being done toward the redevelopment ofthe Old High School.
Parking is an issue and the cost of renovating City Hall for the future remains unknown.
Vice Mayor MoCroy pointed out the Community Redevelopment Agency was also
addressing the issue of parking for the downtown and would be a part of any future
discussions.
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Ray Carter, Fire Chief, came forward. Commissioner Holzman opined he had read the
memo and characterized it had jumped to many conclusions without factual backup
material. |t appeared tobee scare tactic, even if that was not the intent. For instance,
insurance companies were not contacted and specifically questioned on the impact of
closing Fire Station #1. Chief Carter had spoken to insurance companies about rate
increases if the ISO ratings change. Commissioner Holzman developed information on
specific addresses and businesses within Boynton Beach was not obtained for the
conclusion drawn.
Commissioner Holzman asked if the City Attorney had been contacted regarding the
contract with Ocean Ridge before commenting. Chief Carter advised his comments
were based on his discussions with Ocean Ridge. He had not spoken to Attorney
Cherot Commissioner Holzman recalled Attorney Cherofe opinion was in direct
contrast to the conclusion drawn by Chief Carter and found it offensive because the City
Attorney was hired to make legal decisions and it was not Chief Carter's job to do so.
Commissioner Holzman believed the original assessment was done to build three new
fire stations, sunshine the assessment when completed and close Fire Station #1 which
the citizens supported. The fire assessment has not been withdrawn and nom/Fire
Station #1 was not closing. He felt d was shameful when prior Commissions mode
promises that were later ignored. Especially when there in m Fire Station |eee than a
mile away that covers most, if not all, of the area covered by Fire Station #1. Coupled
with the fact the Police Department is in a space crunch that could be solved by closing
Fire Station #1, getting rid of the firefighters or moving the firefighters to another station
that would maintain the level of service, and limit the exposure to the citizens.
Additionally millions will have to be found to build another police station.
Commissioner Holzman concluded it was time to close Fire Station #1, following
through on e previous promise and provide the services that have always been
provided.
K80. LoVerriere stressed the memo addressed the possibilities and alternatives. Until
decisions are made and discussions with Ocean Ridge are commenced, the result ie
unknown. Chief Ceder did not make affirmative asoertiune, only outlined the
considerations. She was not certain that closing Fire Station #1 would solve the Police
Department's space problem. A cost analysis had to be done onthe building and the
parking being a major issue, could result in serious renovation costs.
Vice Mayor W1cCrey opined the memo did not include scare tactics. He had been onthe
Commission when the fina assessment was initiated. It was supposed to sunset in
seven years. It has continued. The memo was factual. There is need. Actually he
recalled Fire Station #5 was to be built east of 1-95. but available property was not
found.
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Mayor Hay concluded the discussion on the issue should be undertaken at a workshop.
He did not feel the Chief was misleading the Commission. Increasing the response time
was a concern. The |8O rate is now 2 and could be |ovmenmd to a 3, translating to e
possible increase in insurance rates. Fin* Station #1 covens on area that is not the top
income area of the City and would put those residents at a disadvantage to pay more
for insuring their homes. The ladder truck would have to be moved away from the tall
buildings they are designed to protect. Jeopardizing the revenue generated from four
other municipalities would be another consideration. They all should be discussed
during a workshop looking at the total picture bz avoid any hasty decisions.
Commissioner Ross thought the memo had good information even though some
information was missing. The public should be made aware of the history of the
assessment that some taxpayers view euo hidden tax. It is true that past Commissions
had considered closing Fire Station #1 when Fins Station #5 was completed. Chief
Carter agreed the strategic plan included closing Fire Station #1 and only having four
Fire Stations. |n2OO4 when high rises were included in the downtown master plan and
fine rescue services were supplied toOcean Ridge. Fire Station #1 was brought book
into the Strategic Plan to cover those needs.
Commissioner Ross inquired about the possible options for Ocean Ridge. Chief Carter
outlined they could continue to contract with Boynton Beach and renegotiate the current
agreement. They could also contract with another rescue service or develop their own
Fire Department. The possible change in the |8[) rating would hinge on two factors. If
the personnel from Fire Station #1 were moved to Fire G1mbon #5 and the ladder truck
put in full service at that |ooetion, the current rating may continue. If the personnel is
laid off and the ladder truck not in constant aervima, points could be lost to drop the
community rating by1.
Mayor Hay understood four municipalities have contracts and generate revenue and
Ocean Ridge was willing to pay m premium amount to ensure the response times
remained low. |t made sense that Ocean Ridge would want to negotiate for less ifthe
response times increase. Chief Carter was not part of the original negotiations with
Ocean Ridge but had provided minutes of the meetings held at that time including m
discussion on the response times. |t was at that time Fire Station #i came back into the
Strategic Plan.
Vice Mayor Hay remembered the history ofthe fire assessment and that Fire Station #1
remained because of the high rise bui|dino in the area. He surmised Fire Station #1
should remain at the present location as long as the high rise buildings existed.
Commissioner Holzman asked the City Attorney to enlighten everyone if there is
anything in the agreement that discusses response times and the location of Fire
Station #1. Attorney Cherofadvioed there was nothing in the agreement that requires
the City to keep Fire Station #1 open. The only reference to response time in in o
whereas provision that it will conform with the Palm Beach County Fire Code
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Ordinances. There are a set of maximum recommended response times and the City's
response times are significantly below those standards.
Chief Carter the current response time to Ocean Ridge is five and e half minutes travel
time. With the addition of processing time and alarm response it would be an additional
minute to minute and o half. Commissioner Holzman calculated there was a minute to
one and e half minute leeway with a Fire Station just over the bridge. He did not see
the response time as being a problem if Fire Station #1 was closed and the department
would do the best they could tn ensure the time was upheld.
Commissioner Holzman felt it was important to move the City forward, stop looking
backward and maintain the ability to service everyone. It would solve a large problem
that exists with spacing and would allow the City to move forward.
Mayor Hay emphasized seconds could mean the difference between life and death. A
|mq0e portion of the population is the elderly in the northern sections. Many questions
remain that should not be addressed hastily. He opined Fire Station #1 should stay
where it is.
Chief Carter added there are three ladder trucks with one at Fire Station #5for use with
mpenm| operations. There is another ladder truck at Fire Station #2 in addition to the
one mt Fire Station #1.
Commissioner Remy asked about the history of the high rise buildings in the City and
any fires or EMT calls. The big issue ia occupancy and the high rises are living quarters
that would have e high life hazard. All the buildings are new construction and all are
required to have sprinkler systems and a|mnn ayohmma. Fires odiU occur. The staffing
required for emergencies involving multiple occupancies in a single building is high.
Commissioner Ross advised the Commission had to take calculated risks with their
choices.
N1o. La\A*rrien* saw it as an opportunity to look at the entire delivery system, staffing
levels and the department aoa whole, rather then one station inisolation. All the details
of occupancy and construction have to be considered and may be a better approach.
There has been some speculation if Fire Station #1 were closed it could be rebuilt as a
smaller station in the downtown redevelopment area. She reiterated the current
contract does not require a specific response time. She understood the price paid by
Ocean Ridge was negotiated knowing the location of Fire Station #1 and the basis for
the contract prima. When the contract is renegotiated in 2016 the numbers would
change upordown.
Vice Mayor [NoCnay knew from experience that Fire Station #1 provides excellent
response times. The fire assessment isin place and the firefighters domn excellent job.
The Commission needs to look at the bigger picture of selling Boynton and do what is
best for the entire citizenship and not one segment.
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Commissioner Ross contended the Commission bears the responsibility ofscrutinizing
the budget and making tough choices. Significant decisions need tubemade. Studies
and workshops delay the decision making. There is an opportunity to make space for
the Police Department which should be important to the Commission and the City. The
public has voiced their opinion that the Police Department should stay in the downtown.
The choices should be made now. She voiced her opinion that the closing of Fire
Station #1 should be considered.
Mayor Hey emphasized the decision was an integral part of the overall Strategic Plan.
It would be premature to make a decision without discussion on the future of the entire
complex. Commissioner Roes thought it would be m great jump start to the downtown
development. The City needs a shot inthe arm with a bold decision.
Commissioner Holzman suggested a decision was not forthcoming and the Commission
should move on with another segment of the budged. Mayor Hay declared the
discussion would continue mt the next meeting.
The red light camera program was the next update. The traffic safety program had
been in effect for almost one year and good data had been gathered. There has been
an increase in safety at some intersections and the production of some revenues to
assist with the budget, including the onat of running the program. Mr. Atwood advised
there was a transfer uf $300.000 to the General Fund. The program is administratively
intensive ho follow the process. The hours are comparable to a solid full-time position
doing nothing but red light camera ticked processing. The cost of the patrol officers
performing the functions is much more expensive than hiring two Community Service
Officers at half the cost. The traffic officers are not on the road writing those traffic
enforcement type tickets, experiencing a loss of $60,000 to $70,000 in revenue.
The program is performing from a safety perspective. The current contractor has
suggested adding five more intersections, K8e. La\A*nienadid not suggest adding those
cameras if the traffic unit would continue to be utilized. Adding the two Community
Service Officers to administer the pmQnom and dm other responsibilities would enable
the program tobm enhanced and run more efficiently.
Commissioner Holzman was not interested in adding more red light cameras.
Mayor Hay supported adding the cameras. The reality was there will be some point of
diminishing return and the number of tickets would reduce and the safety numbers
would stabilize. The goal is traffic safety and not generating revenue.
Commissioner Ross believed in the program and wanted to further explore the addition
of the Community Service Officers if more cameras were installed.
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Mc Atwood reported there was o 58% reduction of accidents at the intersections. The
only reason there was money available to transfer into the General Fund, was because
the officers' time has not been charged through the fund balance. The transfer helped
to cover the cost of the officers working on the program and charged to the General
Fund.
In the beginning, there were eighteen identified intersections. Eleven intersection
cameras were selected. Based on the safety results, the vendor was recommending
five more. |t did not make economic sense to continue the program with patrol officers.
The Community Service Officers are half the cost. The proposal was ho charge the two
Community Service Officers to the traffic safety fund and it would break even with
current statistics and fines. It would also put the traffic safety uffimara on the streets to
perform o ch1iom| service and not incur overtime to administer the red light camera
program. Mr. Atwood recommended the five cameras be added and/or have the two
Community Service Officers restored.
Vice Mayor k4cCnay agreed. Commissioner Ross was considering the eddition, but
wanted to review all the budget items before making e final decision. Mr. Atwood noted
it was note General Fund expenditure. /No. Lo\A»rhee* indicated all revenues and
expenses would be captured in the Traffic Safety Fund.
Commissioner Ross inquired if the State share of the fine would change or remain the
same. Chief Immler advised the breakdown was set by the State with no input from the
municipalities. Commissioner Ross questioned if adding the cameras would be
premature until another year of data was collected and evaluated. She agreed the
Community Service Officers should beadded.
Commissioner Holzman questioned if an accident study nranalysis had been done at
the intersections to be added to see if there was an overall improvement in safety. Mr.
Atwood reported the vendor had determined the number uf daily violations at each
intersection. Commissioner Holzman speculated that many drivers are not aware ofthe
locations of the red light cameras, so overall the safety numbers may have improved.
Chief |mm|er indicated that nwany|| traffic accidents had not gone down. Previously an
officer was sent to the County to determine if the reported accidents were intersection
related or not. The research would be manpower intensive. Commissioner Holzman
maintained further data on accidents at all intersections should be gathered before new
cameras are added. Mayor Hay disagreed and offered the project should move
forward. He declared there was consensus on the issue. Mayor Hay and
Commissioner Ross did want ho see the date, but agreed the new cameras should be
installed.
The next issue was the 4 of July celebration. Nlu. Binnuiti had submitted data that the
event costs approximately $85.0D0ayear. Absorbing the organization of the event with
current City staff could be problematic. Ms. LaVeniem recommended if the
1E
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responsibility istransferred to the City, some cost cutting would be required such as
eliminating the band and stage and associated costs. Mm. Bioouitiwou|d continue to
organize the event and the CRA would be reimbursed by the City for those costs. yNo.
LeVmrriera recommended the budget figure remain at $85.080 and endeavor to do
some cost nutting to offset the cost mfhaving Ms. Bisnuiti coordinate the programming.
|t was pointed out the band and stage cost approximately $6.O0Oto$7.00O.
Mayor Hay commented Boynton Beach was one of the few cities that continues to have
e full-fledge 4 t» of July and people come from quite a distance to see the display. It is
on opportunity to showcase the City and give back tothe citizens. The crowd has
increased every year and ha favored continuing the event.
Commissioner Ross was in favor mfkeeping the event. She did think the cost was
quoted as |eao than $85.000. Ms. LaJaniens responded the figure was direct from the
CRA and covered all the costs. Commissioner Holzman concurred. Mayor Hoy
declared there was consensus.
The changes in the development and permit fees were presented by Nancy Byrne,
Director of Development, from a cost recovery standpoint. NYm. Byrne reported the fee
changes would be brought before the Commission for approval and the figures were
submitted to anticipate the revenue to be generated. A reorganization of the
Department ie ongoing to operate more like e business model. The services requested
by the private sector are different than what has been offered.
Commissioner Holzman asked if K8e. Byrne was seeking approval nf the fees at this
time. [We. Byrne advised the fees would be brought before the Commission at several
meetings. It identified a potential additional revenue. Kne. LaVerhere added the
$75,000 figure in the budget was a conservative number. Any increases would be at the
discretion of the Commission. Ma Byrne explained the Department has changed their
business practice based on the request of the nuo0mmem and added features such as
historic preservation and economic development.
Attorney Cherofremindad the Commission the public has the right to speak and ask
questions regarding any measures proposed by the City.
Mayor Hay opened the issue for public comment.
David Katz, 67 K0idvvood bane, apologized to Chief Carter for being interrogated by a
Commissioner. Mr. Katz did not feel Fine Station #1 should be closed for the reasons
mentioned. It was reported the contract was worth $560,000 and closing the Station
would mmme $500.000 leaving the City $60,000 *hurt. Mr. Katz wanted the red light
cameras discontinued totally. Raising the taxes bo cover the $300.00O would bebetter
than the cameras watching over everyone. In relation to the Community Service
Officers, ho understood a certified police officer had to review the photos. Chief|mm|er
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replied a emmm police officer mro C8O could review the tapes. With regard to the July
4m event he recommended the event remain as there were several thousands in
attendance.
Dr. Piotr Blass, 113 West Tara Lakes, was in favor of Fire Station #1 staying open. He
thought technology should be used ho further decrease the response time. It could be
better. There may be alternatives to the red light camera program using GP8
technology. There may be Constitutional issues na|sdinQ to the oemauan. Dr. Blass
suggested the Library beopen Fridays and it was not good that the citizens had to
adjust to fewer hours. The City should move toward more intellect.
Brian Edwards, 629 NE 91h Avenue, felt Fire Station # 1 was very important and related
his personal experience in a life threatening situation requiring the services. Those few
seconds were critical and saved e life. Even moving Fire Station #1 should be carefully
considered before any decision is made. His neighborhood has m deep concern
regarding cuts relating to Police and Fire. Mr. Edwards had served on the Charter
Review Committee He pointed out every position in the City is discussed during
budget cuts with the amm*pUon of the City Attorney. He asserted the Commission was
frustrating the citizens. He suggested safety not be sacrificed and the cuts should start
at the top and work down.
RonWasham. 127 S. Atlantic Drive West, recalled the same ioouaa had arisen in the
past during elections. He agreed with Vice Mayor K4cCray'o recollection of the pant
history of the issues. People want to be safe and Fine Station #1 is a part of that
concept. The residents in District have the least and need the City's support to have
Fire Station #1 stay in the area. The high rise buildings were not effectively planned,
but the placement nf Fire Station #1im critical for those residents too.
VicbmrNorfua. 261 N. Palm Drive. indicated Fire Station #1 nemao mainly District 2and
the eastern part of District 3 that would impair the citizens in the area and the
development ofdowntown. There may be ways bo cut back on the cost ofmaintaining
the Sbation, but closing the facility is not an option. Mr. Norfum had been saved by the
personnel aea child and was very thankful. |tim the main source of help along Seonnast
Boulevard.
Chris Yanuzz|, Chief ofthe Ocean Ridge Police Department and Town Marshall for
Briny Bnaezem, 6450 N. Ocean Ridge Bou|evavd, Ocean Ridge, was present
representing the public safety aspect for both towns. He neos||ed the cost to run Fine
Station #i was $337.000 and at the time (]oeen Ridge paid $870.800 o year for fire
service and Briny Breezes paid *281.00O totaling $1.2 million or three times more than
it costs ha run the station. There is also o4Y6 guaranteed increase per year. Chief
Yenuzzi acknowledged the great relationship between the municipalities. The concerns
expressed have been taken cona of and he appreciated the efforts made to retain Fire
Station #11. The data maintains that 5OY6 of the calls are handled through Station #1
and 5O96 handled by Station #4.
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The Fire Rescue Level of Service Committee in 2004 made a report to establish a
standard level of service, countywide The uniform response time elements would be
alarm handling, turnout time and travel time for all responding emergency units. |tinnot
�ustonce e unit is on the road. It includes the call being received in dispatch. The
standard established was eight minutes total response time. Response delayed is
response denied. He pointed out Fire Station #5 could only exist if there are Fin*
Stations one to four. Ocean Ridge should not be left with three years ona contract with
a reduced level ofservice.
No one else coming forward, Mayor Hay closed public comment.
WYm. LaVerriere mentioned there was consideration for a police management study and
the Request for Proposals had been sent out. The forfeiture funds would not be
available to pay for that study. It is an operational expense. The budgeted coat is
$8U.00O and was added to the list.
Vice K8myorY0cCnay recalled when citizens spoke at the meeting and asked questimnm,
there had previously been a report indicating the issue and the response. Janet
Puainitm, City C|erk, responded an notion report was prepared and sent to the
departments for a response. The practice was not currently being used. There was
consensus tu institute the prior process.
PROPOSED RESOLUTION NO. R12-0d6' Adopt the proposed miUaQe rate for
the General Fund for Fiscal Year 2Oi2-2013.
Attorney Cherof read Proposed Resolution No. R12-086 by title only. He suggested e
motion ba offered toapprove the Reso with omiUage rate cf7.8 and G.83Y6aethe
rate that it exceeds the rollback rate for discussion.
Commissioner Holzman confirmed the rate set could not be adjusted higher and at the
next meeting the rate could only be lowered and Attorney Cherofconcurred.
Motion
Vice Mayor McCray moved to approve Resolution No. R1 2-086, since it was tentatively
adopted at7.8 mills on July 17 and the rollback rate beR.B3Y6.
Commissioner Holzman asked for the budget figures for 7.6 and 7.8. Ms. Lpk/eniene
announced the difference between the 7.8 and 7.8 represents $821.000 in revenue.
With the list of items for discussion, the budget has a balance of $318,000 and the
$821.008 would have tobadeducted.
Vice Mayor YNoCray understood with the 7.B mills there would be a positive balance of
*318.200 that would be available for transfer if needed. K80. Lm\Asrheme agreed and
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noted it included all the items on the list for additions. Vice Mayor K0cCray opined the
City needed' to be in m position to transfer funds so the City can remain on m positive
side.
Mayor Hay passed the gavel bo Vice Mayor NYcCray and seconded the motion.
Commissioner Holzman argued the 7.8 was too high. He did understand the need to
have cushion. There are many conservative estimates made in the budget including
the increase in building funds. He felt if things need to come out of the budget such au
bake the Library from $150,000 to *75.000 mr other events, the higher rate would not be
necessary. This year the budget included $2.4 million that was in reserves from the
previous year that was being used to balance this budget with $3 million.
Commissioner Holzman argued a $300,000 savings from this fiscal year is very likely in
light of the $2.4 million under budget from the previous yemr. Given the City's ability to
tighten up, cut oumero and only do those things neoesaary, he surmised it would be in
everyone's best interest to hold the rate et7.8 until the next hearing.
Commissioner Rnmm thought the 7.8 mills was higher than necessary. The City
Manager's recommended tax rate ie7.0 with e tax increase uf5.84S&.
Mayor Hay recalled the same arguments were raised last year and created the current
budget crisis. The charts have been reviewed indicating the minimal impact mnthe
taxpayers. The residents have spoken from across the City that they are willing tnpay
extra for full services and maintain the current levels. The continued transfers from the
reserve funds were not an appropriate way to run the City. He supported setting the
rate at7.8to establish ocushion.
Vote
The motion failed 2-2 Holzman and Ross xissonting).
Attorney Cherof advised the Commission had to keep working and suggested the rate
of 7.8 was advertised and the taxpayers have seen that figure and many have not
appeared to object or assist in the decision. He was not suggesting anyone concede on
their final decision at the second and final hearing. He only asked the discussion
remain alive at the rate advertised as a point of compromise and continue the debate. If
it is adopted at 7.8 mills along with the corresponding budget, two weeks remain to work
out any details and to allow the public to digest the positions of all the Commissioners.
It is important under the timetable for the Truth in Millage (TRIM) regulations to
conclude the process with the adoption of a proposed budget and tentative millage date.
Commissioner Ross acknowledged that it can be set as high as 7.8 and take it down
from there next time.
Motion
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Vice Mayor McCray moved that the millage rate remain at the 7.8 mills. Commissioner
Ross seconded the motion.
The motion passed unanimously.
PROPOSED RESOLUTION O. R12-087 - Adopt the Tentative Budget for the
General Fund and all other funds for Fiscal Year 2012-2013.
Attorney Cherof read Proposed Resolution No. R12-087 by title only. He recommended
the same type of motion as was done on the millage rate.
Motion
Vice Mayor McCray moved to approve. Commissioner Ross seconded the motion.
Vote
The motion passed 3-1 (Commissioner Holzman dissenting).
B. Informational Items by Members of the City Commission
Commissioner Ross acknowledged the excellent communication involving the flooding
that took place in the Meadows development during Tropical Storm Isaac and hoped the
situation could be improved. She also shared the Poverty Tour 2.0 would be in town to
address the poverty issue. She wanted to be sure the non-profits are aware of the
series to be held in West Palm Beach on September 15 at noon. It is a three-hour town
hall symposium.
Mayor Hay announced on September 13 there would be a State of the City address.
3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. Proclaim the month of September 2012 as Hunger Action Month.
Mayor Hay gave an overview of the Hunger Action Month proclamation.
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONE
(at the discretion of the Chair, this 3 minute allowance may need to be
gWjusted depending on the level of business coming before the City
Commission)
In
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David Katz, 67 Midwood Lane, speculated that Atlantic Avenue in Delray Beach had
become the new Roswell, New Mexico due to four independent and confirmed sightings
before the last Commission meeting, of Commissioner Ross with the suspended Mayor
who is facing decades of imprisonment. Yet. Commissioner Rnen has limited contact
with the Interim City Manager. There are parallel investigations into connections
between o Palm Beech Gardens promotional mpeaker, the suspended Mayor and
current elected officials. Examination by other investigative agencies includes the illegal
recording nfCRA staff members during one-on-onemeetings. There are governmental,
as well as independent investigations into the transmittal of messages and pictures
between elected officials and convicted felons.
Mr. Katz commented aeo citizen and taxpayer of Boynton Beach, he did not understand
why Commissioners from Districts 3 and 4wmu|d not vote to confirm and allow Jerry
Taylor to serve as the District 1 Commissioner so the residents of the district have full
representation. Mr. Katz opined Mr. Taylor was the most successful Mayor the City has
ever had and the benchmark for gauging and measuring all others who serve. Mr.
Taylor is a mom of great faith and served his country and community with honor.
Whatever outside pressure has been exerted nn the two Commissioners orresulting
consequences if they vote in favor of his appointment would pale in significance as the
ones that would come otherwise.
Dr. Pioltr Blass, 113 West Tara Lakes, had the highest respect for Commissioner Ross
as a person with tremendous honesty and he was deeply offended by any comments to
the contrary. Dc Blass thanked Commissioners Room and Holzman for utilizing his
statement that democracy has no price. Even if an election omet $25.000 it would be
worth it. He was continuing to organize the University of Boynton but without additional
high tech the budget woes would remain The city needs additional income and high
tech and a university would be the channel twpursue.
Cliff Montross, 109 SW 18 Gtnaat. in District 1, urged the Commission to fill the
position as soon as possible. There one 13.000 residents in the district with no
representation on the Commission. It was unacceptable. The Charter dictates the
Commission should have a Mayor and four Commissioners. It uses the word ^mhoU"
and does not give the Commission any options other than to fill the position. Leaving
the vacancy for eight or nine months without representation for 13.000 residents was
not right in his opinion. He questioned if the residents did not have representation, could
they withhold their tax dollars. The Commission has an obligation to fill the seat even if
it has tobe drawn from a hat containing the names of the applicant.
No one else coming forward, Mayor Hay closed public audience.
5. ADMINISTRATIVE
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A. Appoint eligible members of the community to serve in vacant positions on City
advisory boards
Motion
Mayor Hay nominated John Sparrell to serve on the Financial Advisory Committee as a
regular member. Vice Mayor N1oCrmy seconded the motion.
Commissioner Holzman noted this would be the fourth member of the Committee that
would constitute m quorum. It was his recommendation that the Committee be held
steady until one more member ie appointed to maintain aquorum.
Vice Mayor NYoCray was not in favor of holding the Committee hostage. There is o
quorum now and the Committee needs hodn business amusual. Mayor Hay was sure if
a problem arose the Commission could be advised and act accordingly.
Vote
The motion passed unanimously.
6. CONSENT AGENDA
C. Approve the updated Library Long Range Plan for 2O1�015.
Vice Mayor McCray had pulled the item to hear a brief snapshot of the long range plans
Mr. Clark advised the document was required to be submitted for State aid. It is used to
outline the services and objectives to measure their goals. The AmeriCorps program
has been added with a tutor for the GED and ESOL issues which are two of the major
programs. Without the documentation, the grant funding could not beobtained.
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Motion
Vice Mayor McCray moved tnapprove. Commissioner Ross seconded the motion.
Vote
The motion in passed unanimously.
O. PROPOSED RESOLUTION NO. R12-089 ' Authorize application and
execution of the agreement for Library State Aid To Public Libraries Grant for
FY2012-2013
E. Approve the minutes from the regular City Commission meeting held on August
21,2012
F. Accept the resignation of Jeanne Heavi|in, a regular member of the Special
Events Ad Hoc Advisory Committee
Commissioner Ross indicated she had pulled Items F and H to highlight again regular
members of the advisory boards had resigned. She had discussed the issue with the
City Manager's office and they had an understanding how the new volunteerism is
about giving volunteers aproject. Changes with the advisory boards need tobemade
to attract more volunteers. There was on agreement it was area that had to be
addressed.
Motion
Commissioner Ross moved toapprove. Commissioner Holzman seconded the motion.
Vote
The motion passed unanimously.
G. PROPOSED RESOLUTION NO. R1 2-090' Approve and ratify the action ofthe
South Central Regional Wastewater Treatment and Disposal Board at their
meeting on August 18. 2012 and; 1) Accept the 2012/2013 Wastewater and
Reclaim O&M Budget, 2) Authorize establishment of user rate (O&M at
$O.Q8G8/1,OOU Gal and R&R Reservers at$O.1Q4O/1.O0O Gal) ho Delray Beach
and Boynton Beachfur fiscal year 2O12/2O13ot1.1UOG/1.00D Gal, 3)Authorize
establishment of the reclaim user mmbs at *0.18643/1.080 Gal to consumers
Delray Beach, Boynton Beach and South Central Regional for Fiscal year
2012/2013. 4) Accept the 2012/2013 Organizational Chart and Salary ranges,
5) Authorize the approval of the oamznd amendment to the |nhmdoma|
Government Agreement for bioeo|ido processing and recycling between the
19
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Solid Waste Authority and South Central Regional Wastewater Treatment and
Disposal Board. Amendment to closeout project increases contract by the
amount of$673.QS4 for a final contract amount of$7.37U.70Q.
H. Accept the resignation of T. Brooke SpeU, a regular member of the Code
Compliance Board
Motion
Commissioner Ross moved toapprove. Commissioner Holzman seconded the motion.
Vote
The motion passed unanimously.
|. Approve the rejection of seven (7) proposals received by Procurement
Services in response to the "RFP for n Three Year Contract for Pharmacy
BenefitoyNanager'; RFPNo.:O61-181O'Y2UKAA.
Commissioner Holzman had pulled Items I and J for a explanation of the impact for the
City on both items. Tim Howard. Deputy Director ofFinance. explained the City had
considered changing the health insurance plan from fully insured to partially self-
insured. The recommendation was to reject all the proposals. There iman agenda item
tn renew the current plan with Cigna.
Commissioner Holzman questioned if there was e plan to reduce the cost of health
insurance for the City over future years. Mr. Howard noted there was the possibility of
opening a health clinic. Next year itwill be necessary to look at modification to the
current health care plan from a benefit side and premium side and wellness side. NYe.
LeVerriena added the employees would be encouraged to take responsibility for their
health care that would ultimately reduce the cost.
Motion
Commissioner Holzman moved to approve both h and J. Vice Mayor &0uCrayseconded
the motion.
Vote
The motion passed unanimously.
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J. Approve the rejection of six (6) proposals received by Procurement Services in
response to the "RFP for a Three Year Cuntnsmd with a Third Party
Administrator for the City ofBoynton Beach Employee Medical Plan"; RFP No.:
060-1610-12/TVVH.
(Prior motion covers this item).
7' BIDS AND PURCHASES OVER $100,000
A. PROPOSED RESOLUTION NO' R12-091 'Approve and authorize execution
ofa Two Year Agreement between The Hartford and the City of Boynton Beach
for Life and Disability Insurance per the Request for Proposal fora "Two Year
Contract for Life and Disability Insurance Plans for the Employees of the City of
Boynton Beeoh";RFPNm.:O53'1O1O'12/3MA.
Motion
Commissioner Holzman moved to approve. Vice Mayor McCray seconded the motion.
Vote
The motion passed unanimously.
B. PROPOSED RESOLUTION NO. R12-092 -Approvn the piggy-back of the
Martin County contract (RF8 #2012-2540) with Aquifer Maintenance and
Performance Symhamm. Inc. (AMPS, Inc.) with the same hennm, conditione,
specifications and pricing. Approve the execution by the City Manager ofa
cover Agreement between the City and AYWPG. Inc. The bid term is from July
23.2D12to July 22.2O15. with options for two one-year renewals. This contract
will be utilized for well rehabilitation services on an As-Needed Baeie, with an
estimated annual expenditure of$225.00U.
Motion
Vice Mayor McCray so moved. Commissioner Ross seconded the motion.
Vote
The motion passed unanimously.
C. Approve the Bid Award for "ANNUAL SUPPLY OF PIPE FITTINGS AND
ACCESSORIES" Bid # 062-1412-12/MFO to the following seven (
companies: Cnrce| Corp. Ferguson, Forti|ine VVetenworks, HD Supply
VVatenworks, Lehman Pipe and Plumbing Supply, K0oriOmw and US
Construction on an overall bma|o. as the |owemt, most responsive, responsible
�
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Commissioner Holzman asked for a further explanation. Julie Oldbury. Director of
Human Remmurcea, advised the initial renewal rate was 34% with Cigna. The benefits
consultant negotiated the renewal rate to 19.679&. The possibility ofpartial self-funding
was investigated and those prices were not more favorable. The risk would have been
an additional *2 million. The consultant then negotiated an additional reduction to
14.9% with no plan design changes. Commissioner Holzman commended KAa. Oldbury
for limiting the increase. The Commission needs to take eoerioum look mtthe health
care coverage for the future. The rate of $680 per month, per employee is
22
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Boynton Beach, FL September 4, 2012
unsustainable. The rates have gone up 30% to 40% in the last three years. Alternative
ways to cover the employees have to be sought. Commissioner Ross thanked Ms.
Oldbury and Mr. Howard for their efforts.
Vote
The motion passed unanimously.
S. CODE COMPLIANCE & LEGAL SETTLEMENTS
23
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entered upon forfeiture. The Court discussed the meaning of the word ohe|| in that
context. "it is generally the case that while it is true the first rule of statutory construction
is that words are to be given their normal meening, it is equally an axiom of statutory
construction that on interpretation of statute which leads to an unreasonable or
ridiculous conclusion or result obviously not designed by the |egis|mtune, will not be
adopted. Whether shall is mandatory or discretionary will depend on the context in
which it is used and the legislative intent expressed in the statute. Thus, for examp|a,
where shall refers to some required aotion, preceding a possible deprivation of a
substantive right or the imposition of a legislatively intended penalty, or an action taken
for the public benefit, iiis held tnbemandatory.^ |t goes onto indicate there are cases
where it may not be. |tiuupto the Commission to determine the use mf the word inthis
context at this point in time that shall means mandatory and call for special election. If
the Commission demidea, based on the ciroumstmnoea, that it does not mean it is
mandatory because the result would be unreasonable or ridiculous then the
Commission could interpret it that way as well. Attorney Cherofcou|d not give any
further guidance.
Vice Mayor K8oCray noted the Charter said, '' shall be . and the citizens voted for
those words. He argued a special election had to be held. The Supervisor of Election
requires GO days notice. The issue of advisory board vacancies has been ' discussed
and now the Commission seat cannot befiUed. Ho concluded it would have t�gmtothe
voters and monies expended for a special election.
Commissioner Holzman and Ross interjected an election was not necessary.
Vice Mayor K8cCnay commented the City was the laughing stock of Florida over the
issue.
Vice Mayor McCray moved that a special election beheld. Mayor Hay passed the gave
and seconded the motion.
Commissioner Holzman reiterated the purpose has been frustrating and dis not inthe
best interest of citizens to hold e special ekmodnn for only two to three meet The
citizens should vote md the regularly scheduled time.
Commissioner Ross emphasized she represented all the citizens of the City and the
business owners and not just those in District 4.
Mayor Hay countered the Commission was organized with five members hooperate.
The present situation was not effective in some major decisions that affect the City. It is
unfortunate. His interpretation of the Charter is on election is necessary. Split mdea
have been seen on several issues that have to be addressed and moved forward.
24
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Boynton Beach, FL September 4, 2012
There did not appear to be any consequences for not following the Charter. He
supported having o special election.
Vice Mayor yNcCnay explained he was addressing the voters of the City that voted for
the Charter.
Vote
The motion failed 2-2 (Commissioners Holzman and Ross disoenting).
Attorney Cherof inquired if there was any possibility of readdressing the issue of
appointing one of the five individuals interested in the seat. Mayor Hay recalled he
asked the same question and it was emphatically stated there was no difference in their
opinions. Neither Commissioner Holzman nor Commissioner Ross wanted to go
through the process again.
Mayor Hay asked if the Governor could step in and appoint m Commissioner for the
vacant seat. Attorney Cherof did not know the answer. It was an inquiry that could be
made of the Governor's office. Vice Mayor McCray and Mayor Hay asked that Attorney
Cheruf make the inquiry.
Mayor Hay felt it was important that the elected officials owe the public o reason for their
position. Commissioners Holzman and Ross interjected they had stated their positions.
Commissioner Ross indicated it was at the Commissions discretion whether to hold a
special election. With two of the four current members being appoinbmd, it was not in
the best interest of the City to have a third individual that was appointed rather than
elected. She felt the current Commission was doing as good as the Commission did
with all five members. |tie important tobepositive.
Mayor Hay asked what the distinction was between elected or appointed.
Commissioner Ross replied ii was important for the citizens tnhave a direct voice inthe
selection and the funds expended were not that much to represent the citizens if it is
necessary to hold anelection.
Commissioner Holzman had nothing 10 say and wanted ho move forward.
12. NEW BUSINESS
None
13. LEGAL
A. PROPOSED ORDINANCE NO 12-014 - SECOND READING - Approve
amendments to the Land Development Regulations pursuant to Section
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509.233 Florida Sbtubeo, to allow for the exemption from that portion of State
Law and the U.8. Food and Drug Administration's Food Code that prohibit dogs
on the premises of a food establishment, and to establish a permit system and
operational rules. Applicant: City Initiated.
AttorneyChe,of read Proposed Ordinance No. 12-014by title only on second reading.
Motion
Commissioner Ross moved to approve Proposed Ordinance No. 12-014.
Commissioner Holzman seconded the motion.
Commissioner Holzman inquired if there had been any changes since the first reading.
Mike Rumpt Planning and Zoning Director advised there were nnchanges.
Mayor Hay opened the issue for public hearing and nm one came forward.
Vote
City Clerk Posinito called the roll. The vote was 3-1 (Vice Mayor McCnyydisnenhing).
14. FUTURE AGENDA ITEMS
A. Final Adoption Public Hearing - Fire Assessment Rate Resolution -Thuneday.
September 13.20i2 @G:3O p.m. in Commission Chambers mt City Hall, 100 E.
Boynton Beach Boulevard.
B. 2nd Budget Adoption Public Hearing Tueaday, September 18. 2012 @ 6:30
p.m. in Commission Chambers mt City Hall, 100 E. Boynton Beach Boulevard.
C. Scheduling of City Commission Workshop to discuss future of City Hall
Cmmpua - TBO
15. BRAND PROMISE STATEMENT
"BREEZE INTO BOYNTON BEACH ' AMERICA'S GATEWAY TO THE
GULFSTREAk8^
The brand promise was recited by those present.
ww
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Closed-door session to be held at 7:30 p.m. (or as soon thereafter as
practicable) on September 4, 2012 regarding the case of City of
Boynton Beach, A Florida municipal corporation, Plaintiff v. Villa Lago
Condominium Association at Renaissance Commons, Inc., A Florida non-
profit corporation, and RCR Holdings 11, LL Florida limited liability
corporation. Case No. 502011 019091
Attorney Cherof announced the Commission would be recessing for a closed-door
session to discuss the case of City of Boynton Beach versus Villa Lago Condominium
Association. In attendance would be the members of the Commission, City Manager
and City Attorney. They would return to the Chambers to adjourn the meeting if anyone
is present or adjourn the meeting in the meeting room.
There being nothing further to come before the Commission, Mayor Hay properly
adjourned the meeting at 9:39 p.m.
CITY OF BOYNTON BEACH
U���
Mack McCray, Vice Mayor
Commissioner
0 n'
ATTEST: Marlene Ross, Commissioner
Janet M. Prainito, MMC
City Clerk
JAM A. Pyle, CMC
Outy City Clerk C/
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7. A
BIDS AND PURCHASES OVER $100,000
September 18, 2012
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: September 18, 2012
NATURE OF
AGENDA ITEM
❑
OPENINGS
❑
PUBLIC HEARING
❑
OTHER
❑
CITY MANAGERS REPORT
El
ANNOUNCEMENTS /PRESENTATIONS
El
UNFINISHED BUSINESS
❑
ADMINISTRATIVE
❑
NEW BUSINESS
❑
CONSENTAGENDA
❑
LEGAL
®
BIDS AND PURCHASES OVER $100,000
❑
FUTURE AGENDA ITEMS
❑
CODE COMPLIANCE AND LEGAL
SETTLEMENTS
REQUESTED ACTION BY CITY COMMISSION: Approve Proposal by BRIT Insurance Group for
Automobile Liability and Property Insurance Program for FY 2012/2013 with Annual Premium of
$170,500.
POLICY PERIOD: OCTOBER 1, 2012 THRU SEPTEMBER 30, 2013
ExPLANATION OF REQUEST: The City Commission selected Arthur J. Gallagher Risk
Management Services, Inc. on July 17, 2012 to provide broker services for the City's automobile
insurance, equipment breakdown insurance and inland marine insurance for marine vessels and
equipment as outlined in RFP #050 - 1710- 12 /JMA.
As a result, the City's Broker, Arthur J. Gallagher & Co., Inc. reviewed insurance markets and
obtained a quote from BRIT Insurance Group for Automobile Liability and Property Insurance
coverage per the attached insurance quote. The following is a breakdown of recent activity for
this insurance program:
2010 -2011 Auto Insurance Program Premium $173,281
2011 -2012 Auto Insurance Program Premium $174,762
2012 -2013 Auto Insurance Program Premium $170,500
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This will allow for continued insurance
coverage for the City for the period October 1, 2012 thru September 30, 2013.
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FISCAL IMPACT: Premium costs are included in the proposed FY12/13 Risk Management
Department budget line items 522 - 1710 - 519.45 -02 and -03. Proposal includes Wholesale
Broker Commission.
ALTERNATIVES: Non- renewal of automobile insurance program and totally self- insuring all
liability and property claims.
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SUMMARY:
Quotation [X] : No cover given. All requests to bind coverage must be made in writing.
Assured name and address:
CITY OF BOYNTON BEACH FLORIDA
P.O. Box 310
100 E. Boynton Beach Blvd
Boynton Beach, FL 33425
Policy Period: October 1, 2012 to October 1, 2013 both days at 12:01 a.m. local standard time.
Capacity: Certain Underwriters at Lloyd's (Brit Syndicate 2987 - 100%)
Coverage:
ALL RISKS OF AUTOMOBILE PHYSICAL DAMAGE, AUTOMOBILE LIABILITY, and as more fully defined
below and in the Public Entity Package Wording (hereinafter referred to as "Wording" or "Policy ") which is
understood to be incorporated in and form part of this Quotation or Binder.
Form and special conditions:
The coverage is subject to all terms and conditions set forth in the Policy which includes, but is not limited to, all Forms and
Endorsements (hereinafter "Endorsements") identified on the Schedule of Forms and Endorsements listed below.
Territorial Limits: Worldwide as more fully defined in the attached Wording and applicable Forms and Endorsements
Law: State of FLORIDA
Jurisdiction: United States of America - FLORIDA
Limits of Liability: Underwriters' Limits of Liability shall not exceed the limits as indicated for each coverage in the
Wording and applicable Endorsements and shall apply only to those coverages for which a limit is shown.
Underwriters' Limits of Liability are excess over a self- insured retention loss fund (if applicable) as specified in the
Policy and applicable Endorsements.
Service of Suit:
Walker Wilcox Matousek LLP, 225 West Washington Street, Suite 2400, Chicago, IL 60606
Currency Clause:
All premiums, limits, deductibles, CLAIMS, and other amounts under this Policy are expressed and payable in
United States Dollars (USD). The dollar symbol ($) used within this policy represents United States Dollars (USD).
Premium:
Premium
TRIA/TRIPRA Section V:
TRIA/TRIPRA Other Sections:
Total Premium:
$ 168,500
$NOT APPLICABLE
$ 2,000
$ 170,500
Loss Fund:
Loss Fund:
Excess Loss Fund Protection Limit:
Commission:
Retail Commission:
Wholesale Commission:
Total Policy Commission:
Broker:
Please direct all Enquiries / Correspondence to:
Account Handler:
Contact Details:
N/A
N/A (Annual Aggregate)
0.00%
10.00%
10.00%
PSI - Houston
Martha Gremillion (Houston)
832 - 300 -2252 (martha gremillionOrpsins.com)
Brit Insurance Services USA, Inc.
A member of the Brit Insurance Group
Page 1 of 10
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SCHEDULE OF SELF INSURED RETENTIONS
This policy has the following underlying SELF INSURED RETENTIONS which apply to a covered loss for each
OCCURRENCE or CLAIM under:
(1) Specific Excess Insurance coverage provided under PART 1;
(2) Excess Loss Fund Protection provided under PART 11.
Maintenance Deductibles are payable by the ASSURED and only apply when an amount is filled in. Maintenance
Deductibles do not apply to the erosion of the Loss Fund. Maintenance Deductibles apply only to losses that are
valued equal to, or less than, the amount of the Maintenance Deductible; and do not apply to any loss valued in
excess of the Maintenance Deductible.
COVERAGE SECTION
SELF - INSURED RETENTION MAINTENANCE DEDUCTIBLE
I. PROPERTY:
$10,000
$NOT APPLICABLE
Automobile Physical Damage:
$10,000
$NOT APPLICABLE
Flood and Surface Water:
$10,000
$NOT APPLICABLE
Earthquake:
$10,000
$NOT APPLICABLE
Named Windstorm:
$10,000
$NOT APPLICABLE
Automobile Physical Damage Only
In respect of SECTION I PROPERTY, it is understood and agreed that
if more than one
peril covered hereunder is
involved in an OCCURRENCE, then the highest SELF INSURED RETENTION AND MAINTENANCE
DEDUCTIBLE in respect of SECTION 1 PROPERTY shall apply.
II. GENERAL LIABILITY: $NOT COVERED
Sexual Harassment Liability: $NOT COVERED
Sexual Abuse Liability: $NOT COVERED
III. AUTOMOBILE LIABILITY: $100,000
IV. PUBLIC OFFICIALS MISC. LIABILITY unless listed below: $NOT COVERED
Errors & Omissions: $NOT COVERED
Employment Practice Liability: $NOT COVERED
Sexual Harassment Liability: $NOT COVERED
Sexual Abuse Liability: $NOT COVERED
V. EXCESS WORKERS' COMPENSATION & EMPLOYERS LIABILITY
FOR A QUALIFIED SELF INSURER: $NOT COVERED
VI. EMPLOYEE BENEFITS LIABILITY:
VII. CRIME:
(1) Money & Securities:
(2) Forgery or Alteration:
(3) Employee Dishonesty:
VIII. LAW ENFORCEMENT ACTIVITIES:
Sexual Harassment Liability:
Sexual Abuse Liability:
$NOT COVERED
$NOT COVERED $NOT APPLICABLE
$NOT COVERED $NOT APPLICABLE
$NOT COVERED $NOT APPLICABLE
$NOT COVERED
$NOT COVERED
$NOT COVERED
Brit Insurance Services USA, Inc.
A member of the Brit Insurance Group
Page 2 of 10
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IX. TERRORISM
Property Terrorism:
Liability Terrorism:
Employers Liability Terrorism:
$NOT COVERED
$NOT COVERED
$NOT COVERED
$NOT COVERED
LOSS FUND:
PART I A. SPECIFIC EXCESS INSURANCE
$NOT APPLICABLE in the Aggregate Annually
1. This policy contains various SELF INSURED RETENTIONS as listed in the SCHEDULE OF SELF INSURED
RETENTIONS of this policy. The ASSURED is responsible for payment of each applicable SELF INSURED
RETENTION except as otherwise stated in PART I B. 1. MULTIPLE LINES LOSS PROTECTION and PART
II EXCESS LOSS FUND PROTECTION.
2. This policy contains various EXCESS LIMITS OF INSURANCE above the SELF INSURED RETENTIONS as
listed in PART I A. SCHEDULE OF SPECIFIC EXCESS LIMITS OF INSURANCE.
3. This policy contains various Annual Aggregate EXCESS LIMITS OF INSURANCE as listed in PART 1 A.
SCHEDULE OF SPECIFIC EXCESS LIMITS OF INSURANCE. Underwriters' liability ends when the
applicable Annual Aggregate EXCESS LIMIT OF INSURANCE has been exhausted by payments to the
ASSURED.
4. This policy may contain various sublimits as listed in PART 1 A. SCHEDULE OF SPECIFIC EXCESS LIMITS
OF INSURANCE which are less than the applicable EXCESS LIMIT OF INSURANCE. Where indicated, these
sublimits are ground up, which means they are inclusive of the SELF INSURED RETENTIONS as listed in
PART 1 A. SCHEDULE OF SPECIFIC EXCESS LIMITS OF INSURANCE. Where the sublimit is less than or
equal to the SELF INSURED RETENTION the sublimit only applies to Excess Loss Fund payments.
5. This policy provides coverage in accordance with all of the terms of each Section of Coverage attached to and
forming part of this policy. For SECTION IV PUBLIC OFFICIALS MISCELLANEOUS LIABILITY, and
SECTION VI EMPLOYEE BENEFITS LIABILITY, coverage is provided on a Claims Made basis. Claims
Made coverage applies only to claims made against the ASSURED during the PERIOD OF INSURANCE or
Extended Reporting Periods, if applicable. Please read carefully.
6. In respect of SECTION IV PUBLIC OFFICIALS MISCELLANEOUS LIABILITY, it is understood and agreed
that if more than one insuring agreement hereunder is involved in one CLAIM, then the highest SELF
INSURED RETENTION and EXCESS LIMIT OF INSURANCE FOR EACH CLAIM in respect of SECTION I
PUBLIC OFFICIALS MISCELLANEOUS LIABILITY, shall apply.
PART I A. SCHEDULE OF SPECIFIC EXCESS LIMITS OF INSURANCE
THE FOLLOWING APPLIES WHEN ONLY ONE COVERAGE SECTION APPLIES TO A COVERED LOSS:
COVERAGE SECTION I PROPERTY — EXCESS LIMIT OF INSURANCE FOR EACH OCCURRENCE:
All Coverages under Section I combined:
Subject to the following sublimits / aggregates:
Automobile Physical Damage:
Flood and Surface Water:
Locations in Flood Zones A, AO, AH, Ai -A30,
V30 are excluded.
Earthquake:
Named Windstorm:
Data Processing Extra Expense:
Data Processing Systems Equipment:
Data Processing Media:
Valuable Papers:
$1,000,000
is 1 000 0
1 000 00 000 $990,000 Annual Aggregate
AE, A99, AR, AR /AE, AR /AO, AR /Ai -A30, AR /A, V, VE, & Vl-
1 1 1:20220:2022 990 000 Annual Aggregate
000
$NOT COVERED
$NOT COVERED
$NOT COVERED
$NOT COVERED
Brit Insurance Services USA, Inc.
A member of the Brit Insurance Group
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Fine Arts:
Accounts Receivable:
Extra Expense:
Mobile Equipment:
Garagekeepers Legal Liability:
Transit:
Business Income, including Rental Value:
Business Income, other than Rental Value:
Rental Value:
Tuition and Fees:
Newly Acquired Property Reporting Limit, as
Automatic Acquisition Clause:
Automobile Physical Damage Only
$NOT APPLICABLE
itions,
COVERAGE SECTION It GENERAL LIABILITY — EXCESS LIMIT OF INSURANCE FOR EACH
OCCURRENCE:
All Coverages under Section II combined: $NOT COVERED N/A Annual Aggregate
Subject to the following sublimit:
Sexual Harassment Liability: $NOT COVERED N/A Annual Aggregate
Retroactive Date: N/A
Sexual Abuse Liability: $NOT COVERED N/A Annual Aggregate
Retroactive Date: N/A
Premises Medical Payments: $NOT COVERED ground up any one person
$NOT COVERED ground up any one OCCURRENCE
COVERAGE SECTION III AUTOMOBILE LIABILITY — EXCESS LIMIT OF INSURANCE FOR EACH
OCCURRENCE:
All Coverages under Section III combined: $2,000,000 N/A Annual Aggregate
Subject to the following sublimits:
Automobile Medical Payments: $NOT COVERED ground up any one person
$NOT COVERED ground up any one OCCURRENCE
Uninsured Motorists / Underinsured Motorists: $NOT COVERED ground up any one OCCURRENCE
No Fault Insurance: $NOT COVERED
Retroactive Date: N/A
COVERAGE SECTION IV PUBLIC OFFICIALS MISCELLANEOUS LIABILITY — EXCESS LIMIT OF
INSURANCE FOR EACH CLAIM:
All Coverages under Section IV combined: $NOT COVERED N/A Annual Aggregate
Subject to the following sublimits / annual aggregates which are part of and not in addition to the combined
Section IV limit and annual aggregate:
Errors & Omissions:
$NOT COVERED
N/A
Annual Aggregate
Retroactive Date: N/A
Employment Practice Liability:
$NOT COVERED
N/A
Annual Aggregate
Retroactive Date: N/A
Sexual Harassment Liability:
$NOT COVERED
N/A
Annual Aggregate
Retroactive Date: N/A
Sexual Abuse Liability:
$NOT COVERED
N/A
Annual Aggregate
Retroactive Date: N/A
COVERAGE SECTION V EXCESS WORKERS' COMPENSATION & EMPLOYERS LIABILITY FOR A
QUALIFIED SELF INSURER — EXCESS LIMIT OF INSURANCE FOR EACH OCCURRENCE:
Brit Insurance Services USA, Inc.
A member of the Brit Insurance Group
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All Coverages under Section V combined: $NOT COVERED
COVERAGE SECTION VI EMPLOYEE BENEFITS LIABILITY — EXCESS LIMIT OF INSURANCE FOR
EACH CLAIM:
All Coverages under Section VI combined: $NOT COVERED N/A Annual Aggregate
Retroactive Date: N/A
COVERAGE SECTION VII CRIME — EXCESS LIMIT OF INSURANCE FOR EACH OCCURRENCE:
(1) Money & Securities: $NOT COVERED
(2) Forgery or Alteration: $NOT COVERED
(3) Employee Dishonesty: $NOT COVERED
COVERAGE SECTION VIII LAW ENFORCEMENT ACTIVITIES — EXCESS LIMIT OF INSURANCE FOR
EACH OCCURRENCE:
All Coverages under Section VIII combined: $NOT COVERED N/A Annual Aggregate
Subject to the following sublimit:
Sexual Harassment Liability: $NOT COVERED N/A Annual Aggregate
Retroactive Date: N/A
Sexual Abuse Liability: $NOT COVERED N/A Annual Aggregate
Retroactive Date: N/A
Reimbursement of Defense Costs Incurred Prior to Denial or Declination of Coverage:
$NOT COVERED ground up any one ASSURED
NOT COVERED Aggregate per OCCURRENCE
N/A Annual Aggregate
COVERAGE SECTION IX TERRORISM — EXCESS LIMIT OF INSURANCE FOR EACH OCCURRENCE:
All Coverages under Section IX combined: $NOT COVERED$NOT APPLICABLE Annual Aggregate
Subject to the following sublimits / am
Section IX limit and annual aggregate,
Property Terrorism:
Liability Terrorism — Restricted Form:
Liability Terrorism — Broad Form:
Employers Liability Terrorism:
ual aggregates which are part of and not in addition to the combined
$NOT COVERED$NOT APPLICABLE Annual Aggregate
$NOT COVERED $NOT APPLICABLE Annual Aggregate
NOT COVERED NOT APPLICABLE Annual Aggregate
NOT COVERED NOT APPLICABLE Annual Aggregate
PART I B. SCHEDULE OF CLASH LIMITS
THE FOLLOWING APPLIES WHEN TWO (2) OR MORE SECTIONS OF COVERAGE APPLY TO A COVERED
LOSS:
All Sections of Coverage applicable to a covered loss combined
(1) EXCESS LIMIT OF INSURANCE:
Section I Property: $1,000,000
(2) EXCESS LIMIT OF INSURANCE:
Section II General Liability: $NOT COVERED
(3) EXCESS LIMIT OF INSURANCE:
Section III Automobile Liability: $2,000,000
Brit Insurance Services USA, Inc.
A member of the Brit Insurance Group
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(4) EXCESS LIMIT OF INSURANCE:
Section IV Public Officials Miscellaneous Liability:
$NOT COVERED
(5) EXCESS LIMIT OF INSURANCE:
Section V Excess Workers' Compensation & Employers Liability
for a Qualified Self- Insurer:
$NOT COVERED
(6) EXCESS LIMIT OF INSURANCE:
Section VI Employee Benefits Liability:
$NOT COVERED
(7) EXCESS LIMIT OF INSURANCE:
Section VII Crime:
(1) Money & Securities:
$NOT COVERED
(2) Forgery or Alteration:
$NOT COVERED
(3) Employee Dishonesty:
$NOT COVERED
(8) EXCESS LIMIT OF INSURANCE:
Section VIII Law Enforcement Activities:
$NOT COVERED
(9) EXCESS LIMIT OF INSURANCE:
Section IX Terrorism: $ NOT APPLICABLE
(10) EXCESS LIMIT OF INSURANCE:
Aggregate of All Sections of Coverage: $3,000,000
Maximum total of all EXCESS LIMITS OF INSURANCE Coverages combined plus the difference between the sum
of all the SELF INSURED RETENTIONS applicable to each Section of Coverage and the smallest SELF INSURED
RETENTION applicable to any Section of Coverage:
Maximum Total: $3,100,000
PART II EXCESS LOSS FUND PROTECTION
EXCESS LOSS FUND PROTECTION LIMIT:
SCHEDULE OF FORMS AND ENDORSEMENTS
$NOT APPLICABLE Annual Aggregate
The following Forms and Endorsements form part of the terms and conditions of the Policy:
Form: Public Entity Package Wording
Endorsement No Title
1 Loss Fund Exclusion
2 Failure to Supply is excluded
3 Terrorism Exclusion
4 TRIA Rejected (TBD)
5 Section I Property Limitation
6 Security
7 Minimum Earned Premium
8 Florida PIP
9 Florida UM /UIM Rejection
10 Section I Auto Physical Damage - RCV for scheduled vehicles
11 Non - Waiver of Florida Tort FS 768.28
Brit Insurance Services USA, Inc.
A member of the Brit Insurance Group
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Underwriter:. ----�
Andrew Murnieks Dated: August 29, 2012 This Quote is valid for 30 days
Brit Insurance Services USA, Inc.
TERMS & CONDITIONS
PSI Program Managers must file Surplus Lines Taxes. Surplus Lines Broker Name, Agency, full address and
Broker License number must accompany all binder requests.
Quote based on the 2011 Public Entity wording.
GB is the appointed Third Party Administrator.
Mold coverage is excluded.
Signed Uninsured /Underinsured Motorist Coverage Rejection Forms must be received by Underwriters prior to
inception.
Cancellation — At binding, the Assured commits to a Minimum Earned Premium of 50% of the gross premium.
There are no flat cancellations allowed.
Section I Automobile Physical Damage Valuation is RCV for scheduled vehicles on file with Underwriters.
Section III Automobile Liability subject to non- waiver provision of Florida Tort Caps under FS 768.28.
Additional premium for Terrorism Coverage, as per Policyholder Disclosure Notice of Terrorism Insurance Coverage
LMA 9011, is shown above for the period of this insurance. Please note that there is no Terrorism coverage for
Coverage Section V (Worker's Compensation) if Terrorism is rejected.
Failure to Supply Exclusion is to apply.
If this document is a quotation, and Underwriters receive any new information after this document is issued
that reflects any material change in the underwriting exposure, we may at our option withdraw or modify
the quotation at any time prior to Underwriters' acceptance of the binder. In the event of a material change,
Underwriters may at their sole discretion, modify and /or withdraw this quotation even if the quotation has
already been accepted by the Assured.
This document does not amend, extend or alter the coverage afforded by the Wording and Endorsements.
For further information or a complete copy of the Wording and Endorsements please contact the broker
(contact details on page 1).
Our free risk management services:
Brit Insurance package clients receive access - at no cost - to the Brit Insurance TEAM platform, a self directed risk
management platform which purchased individually would cost approximately $30,000 annually. The Brit Insurance
TEAM platform is a robust online resource offering:
Brit Insurance Services USA, Inc.
A member of the Brit Insurance Group
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• You Pick 3 web -based training courses from a list of approximately 40 courses covering areas such as
employment practices liability, safety, leave- related laws, workplace risk management, human resources,
and youth - related risks.
• Weekly training bulletins and articles about new and /or updated matters of interest.
• Comprehensive model handbook.
• Self- guided human resources assessments.
• Built -in management tools to track and run reports on usage (e.g., completion of training).
• Customizability to: have your logo on the landing page ... upload your own policies and procedures ...
determine the access levels for all users.
• Much, much more - all free of charge to you - just contact your PSI Program Managers producer or log in at
www.britinsurance.com /team
These services are an extension of Brit Insurance's partnership with our clients. We recognize the need for
customized risk management tools, and we proudly provide the Brit Insurance TEAM platform to you with our
compliments to help you manage risk.
Brit Insurance Services USA, Inc.
A member of the Brit Insurance Group
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POLICYHOLDER DISCLOSURE
NOTICE OF TERRORISM INSURANCE COVERAGE
You are hereby notified that under the Terrorism Risk Insurance Act of 2002, as amended ( "TRIA" ), that you now have a right to
purchase insurance coverage for losses arising out of acts of terrorism, as defined in Section 102(1) of the Act, as amended:
The term "act of terrorism" means any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of
State, and the Attorney General of the United States — to be an act of terrorism; to be a violent act or an act that is dangerous to
human life, property, or infrastructure; to have resulted in damage within the United States, or outside the United States in the
case of an air carrier or vessel or the premises of a United States mission; and to have been committed by an individual or
individuals, as part of an effort to coerce the civilian population of the United States or to influence to the policy or affect the
conduct of the United States Government by coercion. Any coverage you purchase for "acts of terrorism" shall expire at 12:00
midnight December 31, 2014, the date on which the TRIA Program is scheduled to terminate or the expiry date of the policy
whichever occurs first, and shall not cover any losses or events which arise after the earlier of these dates.
YOU SHOULD KNOW THAT COVERAGE PROVIDED BY THIS POLICY FOR LOSSES CAUSED BY CERTIFIED ACTS OF
TERRORISM ARE PARTIALLY REIMBURSED BY THE UNITED STATES UNDER A FORMULA ESTABLISHED BY FEDERAL
LAW. HOWEVER, YOUR POLICY MAY CONTAIN OTHER EXCLUSIONS WHICH MIGHT AFFECT YOUR COVERAGE, SUCH
AS AN EXCLUSION FOR NUCLEAR EVENTS. UNDER THIS FORMULA, THE UNITED STATES PAYS 85% OF COVERED
TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURER(S) PROVIDING
THE COVERAGE. YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT, AS AMENDED, CONTAINS A
$100 BILLION CAP THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT AS WELL AS INSURERS' LIABILITY FOR LOSSES
RESULTING FROM CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF SUCH LOSSES IN ANY ONE CALENDAR
YEAR EXCEEDS $100 BILLION. IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEED $100 BILLION,
YOUR COVERAGE MAY BE REDUCED.
THE PREMIUM CHARGED FOR THIS COVERAGE IS PROVIDED BELOW AND DOES NOT INCLUDE ANY CHARGES FOR
THE PORTION OF LOSS COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT.
hereby elect to purchase coverage for acts of terrorism for a prospective premium of
$2,000
hereby elect to have coverage for acts of terrorism excluded from my policy.
understand that I will have no coverage for losses arising from acts of terrorism.
Policyholder / Applicant's Signature Andrew Murnieks
for BRIT Insurance Services USA, Inc.,
on behalf of certain Underwriters at Lloyd's
Print Name
Date Signed
August 29, 2012
Date Signed
Account Name: City of Boynton Beach Florida
Policy Number: TBD
Policy Period: October 1, 2012 to October 1, 2013
21/12/07
LMA9011
Form approved by Lloyd's Market Association
Brit Insurance Services USA, Inc.
A member of the Brit Insurance Group
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9. A
PUBLIC HEARING
September 18, 2012
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: September 18, 2012
NATURE OF
AGENDA ITEM
❑
OPENINGS
❑
PUBLIC HEARING
❑
OTHER
❑
CITY MANAGERS REPORT
El
ANNOUNCEMENTS /PRESENTATIONS
El
UNFINISHED BUSINESS
❑
ADMINISTRATIVE
❑
NEW BUSINESS
❑
CONSENTAGENDA
®
LEGAL
❑
BIDS AND PURCHASES OVER $100,000
❑
FUTURE AGENDA ITEMS
❑
CODE COMPLIANCE AND LEGAL
SETTLEMENTS
REQUESTED ACTION BY CITY COMMISSION: PROPOSED ORDINANCE NO. 12 -015 - FIRST
READING - Approve the historic designation application for the Audrey D. Gerger House located
at 331 NW 1 st Avenue, Boynton Beach.
EXPLANATION OF REQUEST: The owner of the property located at 331 NW 1 st Avenue
has submitted an application to have the property designated as a historic site. If the
application is approved, the property will be the first site added to the Boynton Beach
Register of Historic Places.
To qualify as a historic site, a property must have significance in American history,
architecture, archaeology, engineering or culture and possess integrity of location,
design, setting, materials, workmanship, feeling, and association.
The site must also be significant in one or more of the following areas:
a. Association with events that have made a significant contribution to the
broad patterns of the City's history
b. Association with the lives of persons significant in the City's past
C. Embodies the distinctive characteristics of a type, period or method of
construction, or represents the work of a master, or possesses high artistic
values, or represents a significant and distinguishable entity whose
components may lack individual distinction
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d. Has yielded, or may be likely to yield, information important in prehistory
or history; or
e. Is listed in the National Register of Historic Places.
The subject property contains a two -story residential duplex and a detached garage
both built c.1926. The buildings are fine examples of the Mission style of architecture
constructed in Boynton Beach during the Florida Boom era. A number of Mission style
buildings have been demolished in recent years; therefore, this site is one of the few
remaining in the City. This site is particularly significant as it contains a two -story
Mission style duplex which appears to be the only example of its kind in the City. The
site was added to the Florida Master Site File inventory in 1981 and the entry was
updated during the 1996 survey.
The structures retain many original architectural features and both are in good
condition. Some alterations have been undertaken to both structures; however, the
alterations are reversible and, for the most part, are not visible from the public right of
way.
As detailed in the designation application, the subject property is significant in a local
context for its architecture and, although some alterations have been undertaken, it
retains much of its integrity. The site also meets criteria "c" from the above list as it:
"Embodies the distinctive characteristics of a type, period or method of construction, or
represents the work of a master, or possesses high artistic values, or represents a
significant and distinguishable entity whose components may lack individual distinction."
Therefore, based on the above, the site meets the required criteria and is eligible for
historic designation.
Based on previous discussions and a site visit to the subject property, it is anticipated
that the Historic Resources Preservation Board (HRPB) will recommend approval of the
application at its meeting on September 10, 2012. An update of the HRPB
recommendation will be provided at the City Commission meeting.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The property will be the first site
added to the Boynton Beach Register of Historic Places and will help raise public
awareness of the City Historic Preservation Program.
FISCAL IMPACT: Studies indicate that preservation programs can maintain, and in some
cases increase property values which benefit property tax revenues.
ALTERNATIVES: Do not approve the historic designation application.
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ORDINANCE NO. 12-
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, DESIGNATING
THE PROPERTY KNOWN AS THE AUDREY D. GERGER
HOUSE LOCATED AT 331 NW 1 sT AVENUE, WHICH IS
MORE FULLY DESCRIBED HEREIN, AS A LOCAL
HISTORIC SITE; PROVIDING A NON- SEVERABILITY
CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, Chapter 4, Article IX, Section 6.C. of the City of Boynton Beach Land
Development Regulations provides for the designation and protection of historic sites in the City
of Boynton Beach; and
WHEREAS, the owner of the Audrey D. Gerger House, a home which demonstrates an
example of the Mission style of architecture constructed in the City of Boynton Beach in the
1920's; and
WHEREAS, the Historic Preservation Board of the City of Boynton Beach prepared a
designation report for the designation of the Audrey D. Gerger House as an historic site and held
a duly noticed public hearing in regard to the designation of the property as an historic site at
which no member of the public spoke in opposition to the designation of the property as an
historic site; and
WHEREAS, the Historic Preservation Board of the City of Boynton Beach on
September 10, 2012 recommended that the Audrey D. Gerger House be designated an historic
site; and
WHEREAS, the City Commission of the City of Boynton Beach has conducted a duly
noticed public hearing in regard to the designation of the Audrey D. Gerger House as an historic
site.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1. The foregoing whereas clauses are true and correct and are now ratified and
confirmed by the City Commission.
Section 2. The Audrey D. Gerger House is located at 331 NW 1 st Avenue, which is
legally described on the survey which is attached and incorporated into this Ordinance as
Exhibit "A ", and is hereby designated as the Audrey D. Gerger Historic Site in accordance with
and under the provisions of Chapter 4, Article XI, Section 6.C., of the City of Boynton Beach
Land Development Regulations.
Section 3. It is the intention of the City Commission of the City of Boynton Beach
that this Ordinance and each and every of its terms be considered a part of a single whole and
that the Ordinance not be severable and that if a court of competent jurisdiction finds that any
section of this Ordinance is unlawful or unenforceable the Ordinance shall be unenforceable it its
entirety.
Section 4. This Ordinance shall become effective immediately upon its passage and
adoption.
FIRST READING this day of , 2012.
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SECOND, FINAL READING AND PASSAGE this day of , 2012.
CITY OF BOYNTON BEACH, FLORIDA
Mayor — Woodrow Hay
Vice Mayor — Mack McCray
Commissioner -
Commissioner — Steven Holzman
Commissioner- Marlene Ross
ATTEST:
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
S:ACA \Ordinances \Ordinance - Historic Designation (Gerger House).doc
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CITY OF BOYNTON BEACH
PLANNING & ZONING DIVISION
100 East Boynton Beach Boulevard
Boynton Beach, FL 33435
Phone: (561) 742 -6260
City Applications and Codes Accessed
Via Website
www.boynton- beach.org
www- amleeal.com /bovnton -beach fl.us
10 -03 -i1
HISTORIC SITE DESIGNATION APPLICATION
I. GENERAL INFORMATION: This application must be filled out completely, accurately, and submitted as
an original to the Planning and Zoning Division; an incomplete application will not be processed. Print legibly
(in ink) or type all information. The application and designation processes are further described in Chapter 4,
Article IX, Section 6.0 of the Land Development Regulations.
Submission requirements:
• One original and one copy of a completed application form.
• Two copies of all supporting documentation and photographs.
• One pdf copy of the application and supporting documentation.
• The applicable fee of $15.00 as adopted by the City Commission (please make checks payable to the
City of Boynton Beach)
Minimum Required Supporting Documentation
Site location map
A map or survey identifying the boundary of the property to be designated
Photographs showing the site, all building elevations, significant features of the site or structure (all
photographs must be credited)
A bibliography citing all references and sources e.g. titles of books, articles, websites and their authors,
photographic credits etc. used in completing the application.
Examples of Optional Supporting Documentation
Copies of construction drawings and building permits
Historic photographs, maps and surveys
Copies of newspaper and magazine articles, diary excerpts
Transcripts of oral histories
Census data and historic deeds providing information on owners and tenants
Florida Master Site File forms
Information obtained from online sources
Any other relevant supporting information
All applicants must attend a pre - application conference with the Historic Preservation Planner. Please
call (561) 742 -6757 to schedule an appointment or ask any questions associated with the application.
In some cases it may be more convenient to submit two copies of a bound Designation Report
including all images and documentation rather than submitting the application form with numerous
attachments, especially if there is a substantial amount of supporting information. If this option is
chosen an application form containing all required signatures must submitted; however, all other
sections can refer the reader to the Designation Report.
It is strongly recommended that all applicants refer to National Register Bulletins 15 and 16A which
contain detailed information on designation requirements and the terms included in the application.
The bulletins are published by the US Department of the Interior and can be viewed or downloaded
from: http://www.nps.gov/nr/pubiications/
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A. PROPERTY INFORMATION:
1. Property Name /Proposed Name: Audrey D. Gerger House
Reason for selecting this name: Name of current owner and name on Florida Master Site
File
2. Property Address: 331 NW 1"Avenue Boynton Beach FL 33435
Attachment A: Location Map, Attachment B: Property Survey
3.
Parcel Control Number (PCN)`: 08 - 43 - 45 - 28 - 10 - 002
— BI
- 0210
CTY RNG TWP SEC SUB K
LOT
List all PCN's on an attached addendum for applications comprised of multiple lots.
4.
Legal Description *: Boynton Heights Add revised Alts 21 & 22 blk 2
Provide on attached addendum if more space is needed.
5.
Existing Land Use Classification (from Future Land Use Map): LDR Low Density Residential
6.
Existing Zoning District (from Official Zoning Map): R1 A Single Family
7.
Is the property located in the Community Redevelopment Agency area?
Yes X No ❑
8.
If yes to Question #7 above, what is the name of the applicable redevelopment
plan?
Boynton Beach Master Plan
9.
Property Type:
Residential X Commercial ❑ Public Building ❑
Archaeological Site ❑
Other (describe)
10.
Number of structures on the site: 2 (Residential duplex and garage)
11.
Current Designation:
Is the site or structure individually listed on the National Register?
Yes ❑ No X
Is the site or structure located in a Local or National Historic District?
Yes ❑ No X
If the site or structure is in a district, is it a contributing site or structure?
Yes ❑ No ❑
2
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II. ARCHITECTURE & CONSTRUCTION DETAILS
A. ARCHITECTURAL INFORMATION (if unsure leave blank and staff will assist)
1. Original Use of Property: Residential duplex and detached garage
Current Use of Property: Residential duplex with detached garage
2. Architectural Style: Mission ( Attachment C: Photographs)
3. Architect (if known): Not known
Source:
4. Builder (if known):
Source:
5. Construction Dates:
Source: Master Site File and city records show c.1926 (wall plaque shows 1927)
6. Has the structure been altered e.g. new windows, change of roof covering etc? Yes X No ❑
Details (Include descriptions, dates, and sources, continue on a separate sheet if required)
Attachment D: Alterations & Additions
7. Have any additions been made to the property e.g. extra rooms, extensions? Yes X No ❑
Details (Include descriptions, dates, and sources, continue on a separate sheet if required)
Attachment D: Alterations & Additions
3
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8. Has the structure been moved? Yes ❑ No X
Details (Include descriptions, dates, and sources, continue on a separate sheet if required)
B. MATERIALS
1. Foundation: Continuous wall, concrete
2. Structural System: Wood frame
3. Exterior Walls: Stucco
4. Roof Types & Materials: Flat, tar and gravel, barrel tile
5. Chimney Number & Materials: 1 chimney, south, central, internal
6. Windows Type & Materials: Aluminum, single hung sash
7. Other Materials e.g. Facings, Veneers, Decorative Elements: Arched window surrounds to
porch, shaped parapet, exposed rafter tails, scuppers, raised moldings, textured stucco
C. CURRENT CONDITION OF SITE & STRUCTURES
Excellent ❑ Good X Fair ❑ Poor ❑
List details of required repairs if known
Some water ingress to east unit. Owner is currently having this investigated.
D. OTHER SIGNIFICANT FEATURES
List details of any other significant features not included above e.g. exterior building features
and ornamentation, interior features, landscape features, etc.
Textured stucco, parapets, scuppers, exposed rafters.
Detached garage of similar construction and style to the house.
Stucco boundary wall, acorn finials on gate posts (later addition), extensive landscaping.
Both units in the duplex retain many of their original interior features including wood flooring,
decorative wood trim, doors and door furniture, fireplaces, stairs and textured plaster to
interior walls. See Attachment C: Photographs
4
260 of 520
III. HISTORICAL INFORMATION
A. SIGNIFICANT EVENTS
Describe any historically significant events associated with the site or structure.
N/A
B. SIGNIFICANT PERSONS
Provide details of any historically significant persons associated with the site or structure. If
known, also include details of the original owners.
Attachment E: Ownership History
Attachment F: Significant Persons
C. ANECDOTES AND /OR STORIES
Provide a summary of any anecdotes and /or stories associated with the site or structure.
N/A
D. ARCHAEOLOGY
Describe any known archaeology associated with the site.
None noted.
261 of 520
IV. SIGNIFICANCE
A. CRITERIA FOR SIGNIFICANCE
A site or structure must have significance in American history, architecture, archeology, engineering
or culture and possess integrity of location, design, setting, materials, workmanship, and
association. Usually, a structure must also be at least 50 years old.
In addition to having integrity, the site or structure must also meet at least one of the following
criteria. Check all criteria that apply to the site or structure
❑ Is associated with events that have made a significant contribution to the broad patterns of
the City's history.
❑ Is associated with the lives of persons significant in the City's past.
X Embodies the distinctive characteristics of a type, period or method of construction, or
represents the work of a master, or possesses high artistic values, or represents a significant
and distinguishable entity whose components may lack individual distinction.
❑ Has yielded, or may be likely to yield, information important in prehistory or history.
❑ Is listed in the National Register of Historic Places
Ordinarily cemeteries, birthplaces, graves of historical figures, properties owned by religious
institutions or used for religious purposes, structures that have been moved from their original
locations, reconstructed historic buildings, properties primarily commemorative in nature, and
properties that have achieved significance within the past 50 years shall not be considered eligible
for the Boynton Beach Register of Historic Places. However, such properties will qualify if they are
integral parts of districts that do meet the criteria or if they fall within the following categories:
a. A religious property deriving primary significance from architectural or artistic distinction or
historical importance; or
b. A building or structure removed from its original location but which is primarily significant for
architectural value, or which is the surviving structure most importantly associated with a historic
person or event; or
c. A birthplace or grave of a historical figure of outstanding importance if there is no appropriate site
or building associated with his or her productive life; or
d. A cemetery that derives its primary importance from graves of persons of transcendent
importance, from age, from distinctive design features, or from association with historic events; or
e. A reconstructed building when accurately executed in a suitable environment and presented in a
dignified manner as part of a restoration master plan, and when no other building or structure with
the same association has survived; or
f. A property primarily commemorative in intent if design, age, tradition, or symbolic value has
invested it with its own exceptional significance; or
g. A property achieving significance within the past 50 years if it is of exceptional importance.
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B. AREA OF SIGNIFICANCE
Whereas the Criteria for Significance listed above identify the site or structure's association with
history, the Area of Significance identifies sub -areas within the history field to which the property
relates. At least one area of significance from the following list must be identified for a site or
structure to be eligible. Check the Areas of Significance that apply.
❑ Agriculture
❑ Engineering
X Architecture
❑ Entertainment /Recreation
❑ Archaeology
❑ Ethnic Heritage
❑ Art
❑ Exploration /Settlement
❑ Commerce
❑ Health /Medicine
❑ Communications
❑ Industry
❑ Community Planning & Dev.
❑ Invention
❑ Conservation
❑ Landscape Architecture
❑ Economics
❑ Law
❑ Education
❑ Literature
Other (explain):
C. PERIOD OF SIGNIFICANCE
❑ Maritime History
❑ Military
❑ Performing Arts
❑ Philosophy
❑ Politics /Government
❑ Religion
❑ Science
❑ Social History
❑ Transportation
The Period of Significance is defined in National Register Bulletin 16A as:
"the length of time when a property was associated with important events, activities, or persons, or
attained the characteristics which qualify it for National Register listing. Period of significance
usually begins with the date when significant activities or events began giving the property its
historic significance; this is often a date of construction. For prehistoric properties, the period of
significance is the broad span of time about which the site or district is likely to provide information;
it is often the period associated with a particular cultural group."
For the site of an important event, such as a pivotal five -month labor strike, the period of
significance is the time when the event occurred. For properties associated with historic trends,
such as commercial development, the period of significance is the span of time when the property
actively contributed to the trend.
For a property associated with a significant person, the period of significance is usually the length of
time the property was associated with the important person.
For architecturally significant properties, the period of significance is the date of construction and /or
the dates of any significant alterations and additions.
The period of significance for an archeological site is the estimated time when it was occupied or
used for reasons related to its importance, for example, 3000 -2500 B.C.
Identify and explain the periods of significance associated with the site or structure:
1926 — 1927: Date of construction
7
263 of 520
D. STATEMENT OF SIGNIFICANCE
Based on the above, explain the site or structure's integrity and significance. Include any
biographical data on significant persons, architects, builders if known. Continue on a separate sheet
if necessary. (Provide typed attachment if preferred).
A
V. BIBLIOGRAPHY
All sources cited in this application must be included in the bibliography. Continue on a separate
sheet if necessary. (Provide typed attachment if preferred).
Attachment I
264 of 520
VI. APPLICANT AND PROPERTY OWNER INFORMATION
A. APPLICANT:
1. Name: Audrey Gerger
2. Address: 331 NW 1"Avenue
City: Boynton Beach State: Florida Zip Code: 33435
Phone: (561) 739 -9960 Email: audrevgergerCa)bellsouth.net
3. Interest in Property (check one)`: Owner X, Agent ❑, Contract Purchaser ❑.
* Include a copy of the last recorded Warranty Deed with all applications.
a. Include written consent of all property owners of record if subject property is under joint
or multiple ownership.
b. If an authorized agent, include a copy of the Agent Agreement or written consent by the
seller(s) and owner(s).
B. PROPERTY OWNER INFORMATION:
1. Name of Property Owner (Trustee): As above
2. Owner Address:
City:
State:
Zip Code:
C. AGENT INFORMATION *:
1. Name: N/A
* All correspondence will be mailed to the agent unless there is no agent of record, in which case, all correspondence
will be mailed to the applicant. This party will receive agendas, letters, and other material.
Company Name:
2. Address:
City: State: Zip Code:
Phone: Email:
D. AUTHORIZATION OF AGENT:
N/A
Signature of authorized agent.
Date
Signature of Owner(s) or Trustee, of authorized Date
principal if property is owned by a corporation or
other business entity.
OR
Signature of contract purchaser (if applicant). Date
9
265 of 520
E. CERTIFICATION: (1) (We) understand that this application and all papers and plans submitted
herewith become part of the permanent records of the Planning and Zoning Division. (1) (We) hereby
certify that the above statements or showings in any papers or plans submitted herewith are true to the
best of (my) (our) knowledge and belief. This application will not be accepted unless signed according
to the instructions below.
0 "
'Signature or Owner(s) or stee, of Date
authorize principal if property is owned by a
corporation or other business entity.
OR
Signature of contract purchaser (if applicant). Date
I I 11:1:44 1 it* mu I I I-lun I I I I I 1 11 1 0 MIFF-224 =-P P
The public noticing requirements contained herein shall be applicable to all historic site designation
applications. Pursuant to City of Boynton Beach Ordinance 04-007 and 05-004, no quasi-judicial proceeding
shall proceed until proof of notice of the proceeding, in affidavit form, has been filed with the Office of the City
Clerk and copied to Planning & Zoning. Proof of notice must include the name and address of each property
owner to whom notice was mailed and a photograph of each sign posted, as hereinafter required. The
following notices must be paid for and provided by the applicant:
A. MAILING: The applicant shall mail (by first class mail) a notice of public hearing to the Planning
and Zoning Division, and to all individuals and associations owning or having control over land located
within 400 feet of the boundary line of the subject property for which the quasi-judicial hearing is
required. All notices shall be mailed and postmarked no less than 10 calendar days before the public
hearing.
Mailing labels can be obtained from:
Palm Beach County
Property Appraiser Office
Attention: Mapping Division
Downtown Service Center
301 North Olive Avenue
West Palm Beach, FL 33401
Phone: (561) 355-2866
U1
South County Office
14925 Cumberland Drive
Delray Beach, FL 33446
Phone: (561) 276-1250
266 of 520
B. SIGNAGE: One (1) sign for each street frontage of the property shall be posted no less than 10
calendar days prior to the hearing. The sign shall be legible from a distance of 100 feet and shall
contain a description of the approval being sought, the date, time and location of the hearing, and a
statement that the application being considered is available for inspection in the Development
Department of the City of Boynton Beach. Minimum sign size shall be 24" wide by 18" high.
PUBLIC HEARING NOTICE
HISTORIC SITE DESIGNATION
Historic Resources Preservation Board
Date: Time:
City Commission
Date: Time:
Location: City Commission Chambers, City Hall
100 East Boynton Beach Boulevard
Information: Department of Development
(561) 742 -6757
(The above sample is not drawn to scale. Please customize to accommodate your project information)
C. POSTPONEMENT: When a quasi - judicial hearing is tabled or continued at the request of an
applicant, re- notice of the hearing shall be provided by the applicant in the same manner as the original
notice.
D. CITY TECHNICAL SUPPORT AT PUBLIC MEETINGS:
1. Applicants who wish to utilize City electronic media equipment for presentations at Historic
Resource Preservation Board and City Commission Public Hearings must notify the Planning
and Zoning Department representative at least one (1) week prior to the scheduled meeting;
2. The notification is to include the scope of support to be provided, including the corresponding
agenda item, type of media, materials and equipment needed, along with contact information
for the applicant;
3. The department representative will notify the I.T.S. Department at least two (2) working days
prior to the meeting to schedule technical support;
4. A copy of the items to be presented must be delivered to the I.T.S. Department no later than
6:00 p.m. on the working day preceding the Commission Meeting. At the conclusion of the
meeting, these items will be returned to the department representative who originated the
request;
5. In the event that media or materials are defective, I.T.S Department. will notify department
representative by noon of the day of the meeting
6. At least thirty minutes prior to the Commission Meeting, non -City individuals will meet with the
I.T.S. Department representative to finalize procedures.
11
267 of 520
AFFID"IT
RE:
Property Address. 1 3 3 VV VO
Project Name: V 'V
File #:
�q F, •
radius map are a complete and accurate representation of the real estate property and property owne
within at least 400 feet of the above-referenced subject property. This reflects the most current records
file in the Palm Beach County Property A•praiser's Office.
2��=
Site signs were posted on the premises a minimum of 10 days in advance of the public hearing in
accordance with City Ordinance 04-007. Attached, are photographs of the signs showing their placement
on the property and the abutting right-of-way.
Sincerely,
Applicant Agent
Cc: Planning & Zoning Department
SAPIanning\Shared%WMSpec ProjNstoricApplication FormMistoric Site Designation Application.doc
12
268 of 520
Attachments
List of Illustrations
Attachment A:
Location Map
Attachment B:
Property Survey
Attachment C:
Photographs
Attachment D:
Alterations & Additions
Attachment E:
Ownership History
Attachment F:
Significant Persons
Attachment G:
Statement of Significance
Attachment H:
Other Information
Attachment I:
Bibliography
269 of 520
List of Illustrations
Fig. 1: Location Map
Fig. 2: Property Survey
Fig. 3: South Elevation
Fig. 4: East Elevation
Fig. 5: North Elevation
Fig. 6: West Elevation
Fig. 7: Garage
Fig. 8: Boundary Wall
Fig. 9: First Floor Layout
Fig. 10: Fireplace
Fig. 11: Woodwork
Fig. 12: Floor
Fig. 13: Stairs
Fig. 14: Original Door
Fig. 15: Flooring
Fig. 16: Doors to Porch
Fig. 17: Stairs and Fireplace
Fig. 18: Kitchen Units
Fig. 19: 2 nd Floor Bedroom
Fig. 20: 2 nd Floor Bathroom
Fig. 21: Front Elevation c.1966
Fig. 22: West Elevation 2 nd Floor Bedroom Window
Fig. 23: North Elevation 2 nd Floor Bedroom Windows
Fig. 24: West Elevation 1" Floor Kitchen Window
Fig. 25: North Elevation 1" Floor Kitchen Window
Fig. 26: Enclosed Front Porch
Fig. 27: Blocked Up Garage Door
Fig. 28: Rear Addition
Fig. 29: Plan of Rear Addition
Fig. 30: Minnie Paulle
Fig. 31: Clyde Harris Returning Home After WWII
Fig. 32: Paul Harris, Sep. 1941
Fig. 33: Margaret & Neil Harris, May 1947
Fig. 34: Margaret & Neil Harris, 1948
Fig. 35: Boynton Heights Subdivision
Fig. 36: Aerial View
Fig. 37: Incline on NW 1 5t Avenue
Fig. 38: Building Dimensions
Fig. 39: South & East Elevations, 1940s
Fig. 40: North Elevation Before Addition, April 1945
Fig. 41: Original Garage Door, 1945
Fig. 42: West Elevation, 1979
Fig. 43: East Elevation, c.1981
Fig. 44: Clyde Harris Newspaper Article, Palm Beach Post, March 1, 2002
270 of 520
Attachment A
Location Map
Fig. 1: Location Map
271 of 520
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Fig. 1: Location Map
271 of 520
Attachment B
Property Survey
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Fig. 2: Property Survey
272 of 520
Attachment C
Photographs
Exterior
273 of 520
Fig. 5: North Elevation (W. Adams 712/12)
Fig. 4: East Elevation (W. Adams 10/26/11)
Fig. 7: Garage (W. Adams 7/12/12)
Fig. 6: West Elevation (W. Adams 7/12,12)
Fig. 8: Boundary Wall (W. Adams 7/12/12)
East Unit Interior
274 of 520
Fig. 9: First Floor Layout (W. Adams 7/12/12)
Fig. 10: Fireplace (W. Adams 7/12/12)
Fig. 11: Woodwork (W. Adams 7112/12)
Fig. 12: Floor (W. Adams 7/12/12)
Fig. 13: Stairs (W. Adams 12/5/11)
Fig. 14: Original Door (W. Adams 1215/11)
West Unit Interior
275 of 520
Fig. 15: Flooring (W. Adams 3/8'12)
Fig. 16: Doors to Porch (W. Adams 3/8/12)
Fig. 18: Kitchen Units (W. Adams 3/8/12)
Attachment D
Alterations & Additions
Alterations
Building records show the following alterations:
1960: rear screen enclosure, now removed although the concrete patio area remains
1990: window replacement
2008: installation of hurricane tracks for clear panels.
Based on information provided by Kendall Harris, who lived in the property in the 1940s, site
surveys, and historic photographs, the following alterations have been noted:
South elevation second floor windows have been altered
from double windows to single windows.
Fig. 21: Front Elevation c.1996 (Florida Master Site File)
Second floor bedroom windows on the east and west
elevations have been blocked up.
Fig. 22: West Elevation 2 nd Floor Bedroom Window (W. Adams 7/12112)
Alterations to the second floor bedroom windows on the
north elevation. Note original window sills, indentations in
stucco showing original windows, and location of former
AC unit.
Textured stucco has been replaced with smooth stucco
below the windows.
Fig. 23: North Elevation 2 nd Floor Bedroom Windows (W. Adams 7 /10/12)
276 of 520
First floor kitchen windows on the east and west
elevations have been blocked up. Note the faint outline of
the original window and the original window sill just visible
behind the shrubs.
Fig. 24: West Elevation I" Floor Kitchen Window (W. Adams 7110/12)
Alterations to the first floor kitchen window on the north
elevation of the west unit. Note the original window sill.
Faux shutters have been installed on many of the
windows.
Fig. 25: North Elevation 1" Floor Kitchen Window (W. Adams 7/10./12)
Front porch enclosed.
Fig. 26: Enclosed Front Porch (W. Adams 7,12/12)
The garage originally had two garage doors but the
eastern door has been blocked up. It appears that the
opening was filled in and a door was inserted and then
this door was filled in and a window inserted. The original
door to the western opening has been replaced; however,
a section of the original door has been kept and stored
inside the garage.
Fig. 27: Blocked Up Garage Door (W. Adams 7/12/12)
Internally, it appears as if an opening was created between the second floor front bedrooms
of the east and west units. This has now been closed.
277 of 520
Additions
A one -story rear addition was added to the north elevation
of the east unit. It measures approximately 10' x 3' (30 Sq.
Ft.). No date.
Fig. 28: Rear Addition
Fig. 29: Plan of Rear Addition
278 of 520
Attachment E
Ownership History
The following ownership details are based on information provided by the current owner and
information obtained from the Palm Beach County Property Appraiser website.
1926
02/09/26 Grantee: Donald F. Bryne
Grantor: Alice A. Burrell
02/11/26 Deed book: T.M. Taul
Stiles C. Hall, et al to Alice Burrell
05/06/26 Brynes to: Shelly Buford, Tr.
Stiles C. Hall et al
1927
01/27/27 Shelly Buford sold to: Hall & Kelsey D. Purdy
1930
11/25/30 Purdy sold to: Minnie Paulle
1938
03/24/38 Paulle sold to: Leslie B. Crane
1940
05/11/40 Crane sold to Clyde Harris and wife, Margaret
1950
09/15/50 Harris sold to: Allen Stewart and wife
1958
07/30/58 Stewart sold to: Clyde Jr. Spahr and wife, Nancy
1988
01/12/88 Mary Spahr Abbott, representative of estate of David Spahr sold to: William E.
Griffith and wife, Rhonda R. Griffith
1990
09/06/90 Griffith sold to: Leo L. Green and Pearl A. Green
1995
08/30/95 Green sold to: Audrey D. Gerger
279 of 520
Attachment F
Significant Persons
The following information was found on some of the former owners of the subject property. None
of the owners meet the required criteria to designate the property under association with the lives
of persons significant in the City's past; however, they are included as they contributed to various
aspects of the City's development and they are part of the property's history.
From November 1930 until March 1938, the property was owned by Mrs. Minnie Paulle from
Minneapolis who spent the winter months in Boynton Beach'. Around 1936/1937, Mrs. Paulle
made her home permanently in Boynton where she had "a modern duplex home on Poinciana
Drive, Boynton Heigh& . Mrs. Paulle was active in the Woman's Club and, c.1936, refinanced
the club building She is listed as President of the club in 1937 Mrs. Paulle appears to have
made a significant impact on the club as, in December 1941, the club observed "Minnie Paulle
Day „s
In March, 1938, Mrs. Paulle sold the property to Mr. Leslie B. Crane, the son of Mrs. Etha Crane
In 1935, Mr. Crane was president of the Junior Chamber of Commerce, a member of the Lake
Worth High School faculty, and was appointed as chairman of the Lake Worth Better Housing
Campaign of the Federal Housing Administration 7 . The Administration opened an office in room
14 of the Boydston Building (6 South J Street, Lake Worth), which bears the same name as his
wife's parents, Mr. and Mrs. D.W. Boydston
At some point between 1935 and 1939, Mr. Crane became the principal of the Boynton Beach
High School which may indicate why he purchased the property at 331 NW 1 St Avenue in March
The Palm Beach Post, April 4, 1936
'” Ibid.
3 Ibid.
4 K. Baker, personal communication, July 10, 2012
s The Palm Beach Post. December 17, 1941
6 The Palm Beach Post, August 21, 1943
The Palm Beach Post, January 17, 1935
a Ibid.
9 The Palm Beach Post, July 29, 1942
10 The Clewiston News, July 7, 1939
280 of 520
Fig. 30: Minnie Paulle
(Palm Beach Post, April 4, 1936)
1938. Mr. Crane sold the property in May 1940 which ties in with the time he and his family
moved to Richmond, Virginia, where he studied at the Richmond Theological Seminary and
received his Bachelor of Divinity degree ". In August 1943, Mr. Crane "was appointed general
supervisor of negro schools in Palm Beach Count}/i He moved back to Palm Beach County to
take up the position for which he received a salary of $225 a month 13 . Records indicate he held
this position for one year
The property was sold in May 1940 to Mr. Clyde Edison Harris and his wife Margaret Aileen
Garnett Harris. Mr. Harris was born on August 31, 1906 in Conway Springs, Kansas where he
graduated from Arkansas City High School He moved with his parents from Kansas to Palm
Beach County in 1925 He graduated from the University of Florida in 1934 with a BS degree
with majors in chemistry and math and received an MS degree from Cornell University in 1938,
majoring in plant taxonomy and ornamental horticulture ".
Mr. Harris was awarded his first teaching job in 1927 In 1940 he was the principal of the
Boynton schools (the 1927 High School and the 1913 Elementary School) when all twelve grades
were split between the two buildings and administered by one principal. Shortly after this, he
served as a naval lieutenant in World War II when he was stationed in Charleston and Pearl
Harbor 20 . After the war, he returned to his Boynton Beach home.
Fig. 31: Clyde Harris Returning Home After WWII
(Neil Harris)
From 1948 to 1958, Mr. Harris held the position of principal of Palm Beach High Schoo1 He
served in the public schools of Palm Beach County for 40 years. During this time he was also the
district director of the 8 District of the Florida Education Association 22 and in 1950 he was a
founding member of the Orchid Society of the Palm Beaches In September 1950, Mr. Harris
11 The Palm Beach Post, August 21, 1943
12 Ibid.
13 Ibid.
14 Edwards K.I. et. al., Commemorating the 50" Anniversary, Brown v. Board of Education, The Ipet-Isut Historical
Preservation Foundation. 2004, p.7
1' Family Tree Maker website
16 Ibid.
17 Ibid.
18 The Palm Beach Post, March 1. 2002
19 The Historian, 2011 No. 5, May 2011, Boynton Beach Historical Society
20 The Palm Beach Post, March 1, 2002
21 Ibid.
22 The Palm Beach Post, August 16, 1953
23 The Palm Beach Post, March 1, 2002
281 of 520
sold the property and later lived in West Palm Beach and Lake Worth 24 . After his position as
principal at Palm Beach High he became the county's first assistant superintendant of schools
and served in this position for 11 years In 1996 he and his wife moved to Johnson City,
Tennessee where he died in 2002
Margaret Aileen Garnett was one of the first people to be born in Hypoluxo, Florida 28 on April 17,
1909 Her father, Andrew Garnett was one of the first three pioneers to settle in Hypoluxo and
was one of the barefoot mailmen She married Clyde Harris on July 17, 1935 at her parents'
summer home in Lake Junaluska, North Carolina 31 . For many years, Mr. and Mrs. Harris
collected and grew orchids and their collecting trips took them throughout South and Central
American countries and many of the islands . Both were charter members of the American
Orchid Society Mrs. Harris is the author of a book titled "Pioneer Daughter" which describes
growing up in early Hypoluxo.
Mr. and Mrs. Harris had three sons, Kendall, Paul, and Neil.
pv. narnsl
Family Tree Maker website, op. cit.
25 The Palm Beach Post, March 1. 2002
26 Family Tree Maker website, op. cit.
27 The Palm Beach Post, March 1, 2002
Town of Hypoluxo website
29 Family Tree Maker website, op. cit.
' Town of Hypoluxo website op. cit,
31 Family Tree Maker website, op. cit.
32 Ibid.
Ibid.
282 of 520
(N. Harris)
pv. narnsl
Attachment G
Statement of Sianificance
The subject property comprises a c.1926 two -story Mission style residential building and a
detached Mission style garage. The buildings are fine examples of the Mission style of
architecture constructed in Boynton Beach during the Florida Boom Time era of the 1920s. A
number of Mission style buildings have been demolished in recent years; therefore, this is one of
a limited number of buildings in this style remaining in the City. What makes this building
particularly significant is that it is a two -story Mission style duplex and appears to be the only
example of its kind in the City.
The subject is eligible for inclusion in the Boynton Beach Register of Historic Places because of
its architectural significance as it embodies the distinctive characteristics of a type, period or
method of construction. However, for a property to be listed in the Local Register, it must also
have integrity. The National Register criteria recognize seven aspects that define integrity:
location, design, setting, materials, workmanship, feeling, and association. To retain historic
integrity, a property will always possess several, and usually most, of the aspects
Location and Settin
The residential structure faces south and is set
back approximately 25' from the front property
line. The garage is located to the rear of the site in
the northwest corner. To allow access to the
garage, the residential structure is sited towards
the eastern side of the lot. A textured stucco
boundary wall surrounds the property on all four
sides. The applicant is the current president of the
Boynton Garden Club which is reflected in the
high quality of the landscaping.
The property is located close to the City's historic
downtown area, the High School and the
Elementary School suggesting why this was a
popular choice of location for two of the City's
early school principals.
The property is sited at its original location on
lots 21 and 22, block 2 of the Boynton Heights
Subdivision. The two subject lots have a total
frontage of 25' and a depth of 130'. The street
was originally called Poinciana Avenue but
was later renamed NW 1" Avenue. The
subdivision contains 16 blocks laid out in a
grid pattern. All of the streets are 50' wide
except for the 70' wide Ocean Avenue, which
passes through the center of the subdivision
in an east /west direction. The larger width
identifies it as historically being the main
street to the downtown area.
34 Andrus P.W. & Shrimpton R.H. (ed.), National Register Bulletin 15. How to Apply the National Register Criteria for
Evaluation. Washington DC: US Department of the Interior, 1990, revised for the internet 1995, p.44
283 of 520
Fig. 35: Boynton Heights Subdivision
Fig, 36: Aerial View (PBC Property Appraiser website)
It is likely that, when the subject property was
built, it would have been one of only a few
houses in the subdivision. A small number of
additional early houses in the Mission and
Mediterranean Revival styles still exist in close
proximity to the subject. Interestingly, these
early houses were not built to the east of the
subdivision close to the downtown area but
were built at the top of a slight incline. This
location would protect the properties from
flooding and would offer the most prominent
sites in the subdivision. The adjacent photo
shows the subject on the right at the top of the
incline.
Over time the subdivision has developed to become an established residential neighborhood
zoned mainly for residential use but with some commercial zoning to the northern lots fronting
Boynton Beach Boulevard. Based on construction dates from the Property Appraiser website, the
most significant period of growth in the subdivision occurred in the 1950s. This is to be expected
as the City's population grew from 2,543 in 1950 to 10,400 in 1960
Development in the subdivision is low rise with the buildings being one or two stories in height.
Lot sizes range from double lots similar to the subject property to four lots in size. By viewing an
aerial image of the surrounding area all properties appear to have similar setbacks and their
footprints appear to be similar in size. The quality of landscaping and associated features such as
fences, driveways, boundary walls, vegetation, and level of maintenance varies from property to
property. The roadways are surfaced with asphalt and there are concrete sidewalks and grass
swales to both sides of the road. Some property owners have planted trees in the swales.
Like many older subdivisions, the general area exhibits natural growth patterns comprising a
number of architectural styles and properties in various states of repair that have been altered
over time to meet the requirements of their owners. There are no examples of inappropriate
development that adversely affect the setting of the subject property.
Therefore, based on the above, the subject property retains its integrity with regard to location
and setting.
Desian. Materials. and Workmanshi
The residential structure is of wood frame construction with a coating of textured stucco, a flat
roof surfaced with tar and gravel, and a continuous poured concrete foundation. There is one
internal chimney with a decorative chimney cap and the windows are aluminum frame single -
hung sash. The exterior decorative details are typical of the Mission style and comprise shaped
parapets, scuppers, raised moldings, and exposed rafters.
The structure comprises a rectangular two story element with a one -story front porch, and two
small one -story rear sections. The Property Appraiser website shows the total living area as
2,094 square feet. The structure is separated in a north -south direction to provide two, two -story
duplex units (an east unit and a west unit). As stated above, this is the only known example of a
two -story Mission style duplex in the City.
When first built, it appears the units were mirror images of each other; however, a small 10' x 3'
addition was added onto the rear one story section of the east unit. This addition was built in a
sensitive manner, is readily identifiable as a later addition, and is not visible from the right -of -way.
" S.P. Krassy et. al., City of Boynton Beach, Florida Historic Sites Survey, Research Atlantica, Inc., 1996, p.8
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Fig. 37: Incline on NW 1 s7 Avenue (W. Adams 7/12/12)
It is likely that the front porch was originally open; however, it is now enclosed. Although this
alteration is visible from the street, this is a common practice in South Florida, has been
undertaken sensitively, and is reversible.
The most significant alterations undertaken to the residential structure are the numerous changes
to the window openings on all elevations. On the south elevation, the first floor porch windows
have been enclosed and the second floor windows have been altered from double windows to
single windows. On the east and west elevations, window openings have been blocked up at both
first and second floor level. On the north elevation, the window configuration has been altered on
the first floor where the addition was added to the east unit, the window has been reduced in size
on the west unit, and on the second floor where the window openings have been reduced in size.
Further alterations undertaken include the addition of faux shutters, the installation of hurricane
panel tracks, the construction of a rear screen enclosure which has been removed although the
concrete patio remains, and the installation of clamshell awnings which have been removed.
Photographs of these changes can be seen in Attachment D.
Internally, both units appear to have retained their original layout (apart from the small addition to
the rear of the east unit) which is consistent with that of other Mission style properties in the City.
Both units are accessed at the front by doors leading into the porch. The front doors are not
original. French doors lead from the porch into the living room. An archway leads from the living
room to the dining room and a door at the rear of the dining room leads to the kitchen. The
kitchen has an exterior door leading to the back yard. Each living room has a fireplace set into the
party wall. The fireplaces for each unit back onto each other and lead to the shared internal
chimney. Narrow stairs, which feature a dog leg turn, are also built against the party wall. There is
a half bathroom under the stairs in each unit. On the second floor, each unit contains a small
hallway, a front and rear bedroom, a full bathroom, and small closets. At one time, the two front
bedrooms in each unit appear to have been linked via a doorway which was opened up through
the party wall. This has since been closed up but the alteration is clearly visible. Both units retain
much of their original wood flooring and doors, wood stairs, textured plaster walls, fireplace
surrounds, decorative wood base boards and door surrounds. The units do not have central AC
but are cooled by window units.
The current owner has stated that the property was in poor condition when it was purchased.
Over time, the necessary repairs have been completed appropriately and the original materials
have been preserved. There is evidence of some water penetration of the first floor ceiling of the
east unit; however, the owner is aware of this and is in the process of fixing the problem.
The materials used for the construction of the duplex are consistent with the materials used to
build similarly designed Mission style buildings. The wood frame is coated with roughly textured
stucco which has been strengthened with a wire mesh. Internally the majority of the floors are
wood and the walls and ceilings are coated with a roughly textured plaster. Baseboards, trim, and
internal doors are constructed from wood.
As one would expect in a building of this age and style, the quality of the workmanship is of a very
high standard. The survival of many of the original elements illustrate that the structure was well
crafted. Skilled workmanship is most evident in the exterior stucco, the interior plaster, the wood
flooring, and the wood trim.
The Mission style garage building is of wood frame construction with a coating of textured stucco
reinforced with wire. It has a flat roof and a tall shaped parapet. Originally, the garage had two
garage doors; however, one has been blocked up. It appears that, when it was originally blocked,
a door was installed to provide separate access from the remaining garage door. Over time, it
appears that this door was also removed and a window inserted into the reduced opening. The
remaining garage door is of modern design; however, part of the original wood door has been
retained and is stored inside the garage.
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Based on the above, the subject property retains most of its integrity with regard to design as the
structural system, massing, textures, materials, and ornamental detailing are, for the most part
unaltered both externally and internally. The interior spaces have been altered slightly in the east
unit because of the small rear addition. The greatest impact on the subject's design integrity is
caused by the many alterations carried out to the fenestration pattern on all elevations. The dates
of the alterations could not be identified; however, it appears that over time, many of the window
openings have either been reduced in size or blocked up. These alterations are reversible as
historic photographs showing the original fenestration patterns exist and the outline of the blocked
up windows can be identified in the exterior stucco.
Some alterations have been carried out to the garage; however, this is a secondary structure and
is located to the rear of the property. The alterations are reversible as the outline of the original
second garage door can be seen in the stucco and part of one of the original doors has been
saved which can be used as a template for the design of new doors.
The subject property retains its integrity with regard to materials as the original materials exist
both externally and internally, with the exception of the windows and exterior doors, and it retains
its integrity with regard to workmanship as numerous examples of artisans' labor and skill exist
both internally and externally.
Association
As shown in Attachment F, several people of note who achieved some prominence within the City
have been associated with the property. While these owners held prestigious positions, were
considered to be generous benefactors, or were descendants of pioneers, for a property to be
significant under association, an individual's activities must be important within a local, state, or
national historic context. As stated in "How to Apply the National Register Criteria for Evaluation ":
"A property is not eligible if its only justification for significance is that it was owned or used by a
person who is a member of an identifiable profession, class, or social or ethnic group. It must be
shown that the person gained importance within his or her profession or group„ 3s
Margaret Harris was from a pioneer family in Hypoluxo and Clyde Harris was the county's first
assistant superintendant of schools; however, neither was living in the subject property at the
time of their achievements. Based on this, the subject does not qualify for designation under the
"association with significant persons" category. The subject property's primary significance is
attributed to its architectural style and, more particularly, its duplex design and internal layout.
Feeling
Feeling is how a property expresses its aesthetic or historic sense of a particular period of time
through design, workmanship, materials, and setting. The minimal changes undertaken to the
property both externally and internally evoke the sense of a building that was constructed in a
past era.
Summary
Therefore, based on the above, the subject property is eligible for individual designation and
inclusion on the Boynton Beach Register of Historic Places for its architectural significance. The
property a fine example of Mission style architecture, it has retained its integrity in terms of
location, setting, design, materials, and workmanship, it has been well maintained, and it is the
only known example of a Mission style duplex in the City. Of secondary importance, the property
is associated with people from the past who made some contribution to the development of the
C ity.
36 Andrus P.W. & Shrimpton R.H. led.), National Register Bulletin 15. How to Apply the National Register Criteria for
Evaluation. Washington DC: US Department of the Interior, 1990, revised for the internet 1995, p.15
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Attachment H
Other Information
Building Plan
9 d:
a �,x
Arid First Floor Living Area 1 ,160 SF
Open Porch 80 SF
,1r«} Front Porch 176 SF
�I Garage 676 SF
ra Second Floor Living Area 768 SF
Fig. 38: Building Dimensions (Palm Beach County Property Appraiser Website)
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South and east elevations from the 1940s. Note
the original window configurations on both
elevations.
Fig. 39: South & East Elevations, 1940s (M. Harris)
Photo from April 1945 showing the north
elevation of the east unit prior to the small
addition being built.
Fig. 40: North Elevation Before Addition, April 1945
(M. Harris)
Photo from 1945 showing the original garage door.
Fig. 41: Original Garage Door, 1945 (M. Harris)
Photo of the west elevation from 1979. Note the
clamshell awnings which are now removed.
Fig. 42: West Elevation, 1979 (N. Harris)
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Historic Images
This poor quality image from the 1981
Florida Master Site File survey form shows
the first and second floor windows on the
east elevation which are now blocked up. It
also appears to show the rear screen
enclosure which was built in 1960 and is
now removed.
Fig. 43: East Elevation, c.1981 (FMSF)
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Clyde E. Harris Newspaper Article
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Attachment I
Bibliociraphy
Publications
Andrus P.W. & Shrimpton R.H. (ed.), National Register Bulletin 15: How to Apply the National
Register Criteria for Evaluation. Washington DC: US Department of the Interior, 1990, revised for
the internet 1995.
Edwards K.I. et. al., Commemorating the 5O Anniversary, Brown v. Board of Education, The
Ipet -Isut Historical Preservation Foundation, 2004.
Krassy S. P. et. al., City of Boynton Beach, Florida Historic Sites Survey, Research Atlantica, Inc.,
1996.
The Historian, 2011 No. 5, Boynton Beach Historical Society, May 2011.
Surveys & Records
City of Boynton Beach Building Records, various dates
Florida Master Site File Historical Structure Form, Site No. 8PB00175, June 6, 1996.
Newspapers
The Clewiston News, July 7, 1939
The Palm Beach Post, January 17, 1935
The Palm Beach Post, April 4, 1936
The Palm Beach Post, December 17, 1941
The Palm Beach Post, July 29, 1942
The Palm Beach Post, August 21, 1943
The Palm Beach Post, August 16, 1953
The Palm Beach Post, March 1, 2002
Personal Communications
Baker K., Boynton Beach Woman's Club, July 10, 2012
Gerger A., subject property owner, various dates
Harris K., former resident of the subject property, January 30, 2012
Websites
Family Tree Maker, page consulted July 9, 2012
http:i /familylreemaker. genealogy .com /usersis./m /i/Rodney -R- Smith - Sanford /BOOK - 0001 /0004- 0050.html p 68
Palm Beach County Property Appraiser, page consulted on various dates
http:ilwww.pbcgov .com / papa /Asps /PropertyDetai I /PropertyDetail.aspx? parcel = 08434528100020210 &srchtype =map
Town of Hypoluxo website, page consulted July 12, 2012
http:i/wvvw.hypoluxo.org/256532.htmi
Application prepared by:W. Adams
Historic Preservation Planner
July 16, 2012
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11. A
UNFINISHED BUSINESS
September 18, 2012
r '
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: September 18, 2012
NATURE OF
AGENDA ITEM
❑
OPENINGS
❑
PUBLIC HEARING
❑
OTHER
❑
CITY MANAGERS REPORT
El
ANNOUNCEMENTS /PRESENTATIONS
®
UNFINISHED BUSINESS
❑
ADMINISTRATIVE
❑
NEW BUSINESS
❑
CONSENTAGENDA
❑
LEGAL
❑
BIDS AND PURCHASES OVER $100,000
❑
FUTURE AGENDA ITEMS
❑
CODE COMPLIANCE AND LEGAL
SETTLEMENTS
REQUESTED ACTION BY CITY COMMISSION: Hear update on Old High School Redevelopment
Project - Mr. Juan Contin
EXPLANATION OF REQUEST: Mr. Juan Contin will present an update to the City
Commission on the OHS project.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES?
FISCAL IMPACT:
ALTERNATIVES:
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THE BOYNTON OLD SCHOOL
PARTNERSHIP
826 SOUTH FEDERAL HIGHWAY, LAKE WORTH, FLORIDA 33460
❑ S61 249 -4007 F 3 0S 7 04 -387B
Agenda Sept 18, 2012
1. LLC Information to Lori Laverriere
2. Updated City Website
3. Newest Vendor taking over green market- Peter Robinson
4. Construction Costs- William Hatcher
5. Presentation and Acknowledgement support of The Boynton Better
Business Bureau
6. Presentation to the Palm Beach Business Development Board, Pending
7. Tenants, Tenant Mix and Market Studies
8. Financial Feasibility Projections
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11. B
UNFINISHED BUSINESS
September 18, 2012
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: September 18, 2012
NATURE OF
AGENDA ITEM
❑
OPENINGS
❑
PUBLIC HEARING
❑
OTHER
❑
CITY MANAGERS REPORT
El
ANNOUNCEMENTS /PRESENTATIONS
®
UNFINISHED BUSINESS
❑
ADMINISTRATIVE
❑
NEW BUSINESS
❑
CONSENTAGENDA
❑
LEGAL
❑
BIDS AND PURCHASES OVER $100,000
❑
FUTURE AGENDA ITEMS
❑
CODE COMPLIANCE AND LEGAL
SETTLEMENTS
REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R12 -102 -
Approve the ranking of proposers identified by the Evaluation Committee from the responses
received to the Request for Proposals RFP #067 - 2110- 12(fWH ' A POLICE DEPARTMENT
MANAGEMENT STUDY'- and approve agreement with Berkshire Advisors of Bay Village, OH,
for an amount not to exceed $59,000 (Including all fees and expenses).
EXPLANATION OF REQUEST: The City issued the above RFP for "A Police Department
Management Study" to create a concise report outlining the current operations of our
Police Department and any opportunities for improvement. The RFP was advertised
and submittals were due on August 22, 2012 at 2:30 p.m. Procurement received and
opened six (6) proposals.
The proposals were reviewed by Jeff Katz, Police Lieutenant, Jeff Livergood, Director of
Public Works and Engineering, and Barry Atwood, Director of Financial Services. Each
reviewer completed a weighting score sheet as provided in the RFP document.
The Finance Department verified the scores and prepared a summary tabulation of the
overall scores to arrive at the following ranking:
1) Berkshire Advisors, Bay Village, OH
2) Matrix Consulting Group, Mountain View, CA
3) ICMA, Washington, D.C.
4) Public Safety Strategies Group, West Townsend, MA
5) Novak Consulting Group, Cincinnati, OH
6) Management Partners, Cincinnati, OH
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Copies of all proposals were sent to the Commission under separate cover for your
review. Based on the above ranking, staff would recommend entering into an
agreement with Berkshire Advisors of Bay Village, OH to perform a Police Department
Management Study for the City of Boynton Beach in the amount of $59,000 (Includes all
fees and expenses). As a point of reference as it relates to Berkshire Advisors proposal
Section III is the Description of work program and scope of services. Based on
execution of the agreement and all associated required documentation, the anticipated
start date is the first of October 2012 and based on proposer's proposed time table the
study will take approximately four (4) months to complete.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The goal of this Study will be to
provide the City with an overall evaluation of the City's Police Department.
FISCAL IMPACT: The cost of this Study is $59,000 (Including all fees and expenses) and
is identified in the FY 2012 -2013 Proposed General Fund Budget.
ALTERNATIVES: The City Commission may review ranking and invite proposer(s) in for
an oral presentation prior to approving a final ranking and making award or review RFP
requirement and make changes and have staff re- advertise.
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RESOLUTION NO. R12-
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA
APPROVING THE CONSOLIDATED STAFF RANKING OF
PROPOSERS; APPROVING THE AWARD OF A CONSULTANT
AGREEMENT FOR A POLICE MANAGEMENT STUDY IN
RESPONSE TO RFP #067 - 2110 -12 /TWH WITH BERKSHIRE
ADVISORS, INC., IN AN AMOUNT NOT -TO- EXCEED $59,000;
AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A
CONSULTANT AGREEMENT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on August 22, 2012, Procurement Services received and opened six (6)
proposals in response to RFP 9067 - 2110 -12 /TWH for "A Police Department Management
Study "; and
WHEREAS, the evaluation committee, consisting of Jeff Katz, Jeff Livergood and Barry
Atwood, independently reviewed and evaluated the bid proposals; and
WHEREAS, the Finance Department verified the scores and prepared a summary
tabulation of the overall scores and, as a result, the Interim City Manager is recommending the
award of the contract to Berkshire Advisors, Inc., of Bay Village, Ohio who was the most
responsive, responsible bidder who met all qualifications; and
WHEREAS, the City Commission of the City of Boynton Beach upon recommendation
of the Interim City Manager, deems it to be in the best interest of the citizens of the City of
Boynton Beach to approve the ranking of proposers; award RFP 9067 - 2110 -12 /TWH "A Police
Department Management Study" to Berkshire Advisors of Bay Village, Ohio and authorize the
Interim City Manager to execute a Consultant Agreement in an amount not to exceed $59,000.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
approve the ranking of the proposers.
Section 3 . The City Commission of the City of Boynton Beach, Florida does hereby
award the RFP 9067 - 2110- 12 /TWH "A Police Department Management Study" to Berkshire
Advisors of Bay Village, Ohio and authorize the Interim City Manager to execute a Consultant
Agreement in an amount not to exceed $59,000, a copy of which is attached hereto as Exhibit
M
Section 4. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this
day of August, 2012.
CITY OF BOYNTON BEACH, FLORIDA
Mayor — Woodrow L. Hay
Vice Mayor — Mack McCray
Commissioner —
Commissioner — Steven Holzman
ATTEST:
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
Commissioner — Marlene Ross
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CONSULTANT AGREEMENT FOR
"A POLICE MANAGEMENT STUDY"
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City ", and BERSHIRE ADVISORS, INC. hereinafter referred to as "the Consultant ",
in consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION. The Consultant is retained by the City to perform
CONSULTANT services in connection with the project designated. RFP FROM
CONSULTANTS FOR "A POLICE DEPARTMENT MANAGEMENT STUDY" - RFP No.:
067 - 2110- 12 /TWH.
2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified in Exhibit "A"
attached hereto and incorporated herein by reference, and Berkshire's response contained
in "Section III — DESCRIPTION OF WORK PROGRAM AND SCOPE OF SERVICES" of
their submitted proposal, including the provision of all labor, materials, equipment, and
supplies. No modifications will be made to the original scope of work without the written
approval of the City Manager or his designee.
3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon the giving
of written notice by the City to the Consultant to proceed. Consultant shall perform all
services and provide all work product required pursuant to this agreement by 150 calendar
days from the date written notice is given to proceed, unless an extension of such time is
granted in writing by the City.
4. TERM: This Agreement shall be for a period of six (6) months commencing on the date the
Agreement is executed by the City.
5. PAYMENT. The Consultant shall be paid by the Provider /City for completed work and for
services rendered under this agreement as follows:
a. The total contract price, as referred to herein, shall be the total amount of payment to
consultant for services provided under this agreement for the entire term of the Agreement
b. Payment for the work provided by Consultant shall be made promptly on all invoices
submitted to the City properly, provided that the total amount of payment to Consultant shall
not exceed the total contract price without express written modification of the Agreement
signed by the City Manager or his designee.
c. The Consultant may submit invoices to the City once per month during the progress of
the work for partial payment for project completed to date. Such invoices will be reviewed
by the City, and upon approval thereof, payment will be made to the Consultant in the
amount approved.
d. Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of the
work under this Agreement and its acceptance by the City.
e. Payment as provided in this section by the City shall be full compensation for work
performed, services rendered and for all materials, supplies, equipment and incidentals
necessary to complete the work.
f. The Consultant's records and accounts pertaining to this agreement are to be kept
available for inspection by representatives of the City and State for a period of three (3)
years after the termination of the Agreement. Copies shall be made available upon request.
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6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Consultant in connection with the services rendered under
this Agreement shall be the property of the City whether the project for which they are made
is executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
Consultant's endeavors.
7. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
agreement.
8. INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its
offices, agents and employees, from and against any and all claims, losses or liability, or
any portion thereof, including attorneys fees and costs, arising from injury or death to
persons, including injuries, sickness, disease or death to Consultant's own employees, or
damage to property occasioned by a negligent act, omission or failure of the Consultant.
9. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of
this contract professional liability insurance in the amount of $1,000,000 per occurrence to 2
million aggregate with defense costs in addition to limits.
Said professional liability policy shall name the City of Boynton Beach as an additional
named insured and shall include a provision prohibiting cancellation of said policy except
upon thirty (30) days prior written notice to the City. Certificates of coverage as required by
this section shall be delivered to the City within fifteen (15) days of execution of this
agreement.
10. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is
an independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Consultant nor any employee of Consultant
shall be entitled to any benefits accorded City employees by virtue of the services provided
under this agreement. The City shall not be responsible for withholding or otherwise
deducting federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to
Consultant, or any employee of Consultant.
11. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not
employed or retained any company or person, other than a bona fide employee working
solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed
to pay any company or person, other than a bona fide employee working solely for the
Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other
consideration contingent upon or resulting from the award or making of this contract.
For breach or violation of this warranty, the City shall have the right to annul this contract
without liability or, in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift,
or contingent fee.
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12. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by it
under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the
selection and retention of employees or procurement of materials or supplies.
13. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by
this Agreement without the express written consent of the City.
14. NON - WAIVER. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
15. TERMINATION.
a. The City reserves the right to terminate this Agreement at any time by giving ten
(10) days written notice to the Consultant.
b. In the event of the death of a member, partner or officer of the Consultant, or any of
its supervisory personnel assigned to the project, the surviving members of the
Consultant hereby agree to complete the work under the terms of this Agreement, if
requested to do so by the City. This section shall not be a bar to renegotiations of this
Agreement between surviving members of the Consultant and the City, if the City so
chooses.
16. DISPUTES. Any disputes that arise between the parties with respect to the performance of
this Agreement, which cannot be resolved through negotiations, shall be submitted to a
court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be
construed under Florida Law.
17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425 -0310
Attn: City Manager
Notices to Consultant shall be sent to the following address:
Berkshire Advisors, Inc.
24734 Lake Road
Bay Village, OH 44140
Attn: Michael H. Walker
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18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Consultant.
DATED this day of 120.
CITY OF BOYNTON BEACH
City Manager
Attest/Authenticated:
City Clerk
Approved as to Form:
(Corporate Seal)
Attest/Authenticated:
Office of the City Attorney Secretary
Consultant
Title
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EXHIBIT " A "
Section III — SCOPE OF SERVICES
The City of Boynton Beach is preparing for the need to maintain quality police services within
financial constraints. In order to meet these challenges, an extensive analysis and benchmark of
the current deployment and workload must be conducted.
A. PROPOSED STUDY
• Document current patrol performance and workload levels.
• Establish an existing benchmark and long range performance goals and objectives for
the Police Department.
• Identify opportunities to improve on performance with existing resources.
• Estimate the manpower requirements and associated costs that would be needed to
achieve management specified performance objectives.
■ Provide guidance on routine standard reports that should be used to track performance.
■ Provide suggestions for organizational structure.
■ Identify operational cost savings opportunities.
B. CURRENT PERFORMANCE
Analyze in -depth four weeks of summer data and four weeks of winter data and assess
variations by time of day, day of week, season and district. The analysis to include all of the
following:
1. Patrol deployment levels
2. Average response time to different call priorities
3. Proportion of calls in each category for which response times are unacceptably long. For
example, Consultant will determine the proportion of high priority calls that experience
response times of longer than 10 minutes
4. Document time periods during the week in which response times seem excessive
5. Average and median time spent on calls with different priorities
6. Proportion of calls with unusually long time spent on -scene
7. Proportion of calls requiring more than one patrol unit
8. Resources allocated to proactive patrol
9. Resources consumed on non -value added activities
C. OPPORTUNITIES FOR IMPROVEMENT
Examine whether the patrol resources are efficiently deployed over 24/7 time period. Awarded
consultant is to graph deployment levels against workloads by time of day, day of week, and by
patrol areas.
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Consultant will analyze and graph officer response time by call priority level and shift to identify
significant patterns /differences in officer response. These response time analyses will delineate
and analyze between the components of officer response; call queue time, travel time, and time
on scene.
Consultant will observe and meet with dispatch operations to determine the extent of best
practices employed to efficiently dispatch patrol units.
Consultant will be afforded the opportunity to meet with City Manager, Mayor and
Commissioners individually, if needed.
D. POLICE OPERATION ANALYSIS
The Consultant is to conduct a comprehensive review of the services of the department,
comparing the delivery with other best practices. The focus of the analysis to include the
following areas:
1. Administration, Policy and Procedures, Planning, and Utilization of various best practice
models in the department.
2. Deployment of resources; the Consultant to look at identifying opportunities to civilianize
positions to allow more sworn personnel to perform police duties.
3. Review of the investigations division to determine the effectiveness of staff.
4. Crime Fighting Strategies -- Provide crime fighting strategies to strengthen the police
environment.
5. Communications — How the computerized aided dispatch /records management system
provides real time information to the department and ways that it may be improved.
6. Review all aspects of the department including operational and support functions. Evaluate
the department's performance compared to nationally accepted standards.
7. Conduct an analysis of the internal functions of the agency to include review of internal
documents such as policies and procedures, internal affairs issues, training, discipline,
community relations, etc.
8. Review existing deployment, particularly of the patrol force, to determine appropriate staffing
levels throughout the day with particular attention to the size and number of patrol zones or
beats.
9. Create a data analysis of the police department workload, staffing and deployment by
objectively looking at the availability of deployed hours and comparing those to the hours
necessary to conduct operations.
10. Evaluate the time necessary to conduct proactive activities to provide the City of Boynton
Beach with a meaningful methodology to determine appropriate staffing levels and forming
the basis for establishing the baseline performance of the police department. Then review
that baseline performance capability again the actual performance of the department.
11. Evaluate current services for possible outsourcing to reduce costs.
303 of 520
E. CALLS FOR SERVICE vs. WORKLOAD
A data analysis of department workload, staffing and deployment is to be conducted. By
objectively looking at the availability of deployed hours and comparing those to the hours
necessary to conduct operations, staffing expansion and /or reductions can be determined and
projected. Additionally the time necessary to conduct proactive police activities (such as
directed patrol, community policing and selected traffic enforcement) must be reviewed to
provide the City of Boynton Beach with a meaningful methodology to determine appropriate
costing allocation models.
F. ORGANIZATIONAL STRUCTURE
Administration Division
Training
Recruiting
Professional Standards
Internal Affairs
Technical Services
Purchasing
Public Information
Media Relations
Agency Accreditation
Code Enforcement
Code Compliance
Support Services
Investigations
Evidence / Property
Crime Scene
Records
Uniformed Services
CAT
Community Education
Crime Prevention
Critical Incident Team
Honor Guard
Juvenile Programs
K -9
Marine Patrol
Police Explorers
Road Patrol
SWAT
Traffic Unit
Communications
Recruitment
Staffing
G. OBJECTIVES
304 of 520
The purpose of this study is to provide a concise report outlining the current operations of this
police department and how it relates to the mission, goals, and core values of the City, as well
as the needs of the local communities. This is to include both a top down and bottom up
analysis. We are particularly looking for an evaluation of the leadership, management and
supervision within the department and how it relates to all levels of staffing. It is not anticipated
that the final product will consist of statistical abstracts other than as appendices to identify and
explain the final report.
The following are the specific Objectives, which are to be addressed in the final report:
1. Evaluate to determine if the Department is adequately staffed and organized to meet the
services expectations of the citizens and the City Commission.
2. Determine if the department has the paid and volunteer personnel assets (quantity and
quality) to do its job.
3. Assess how the department interacts with the community and if it is in need of change.
4. Review the procedures and practices in place to assure that outcomes of work or action,
by the department, are in accord with statutes and mandates.
5. Evaluate how efficiently the department is organized to conduct operations.
6. Review the mission, goals and values of the department; and, evaluate how they relate
to the overall goals of the City, and the core values of diversity, integrity, creativity and
stewardship.
7. Assess how effectively the department conducts community policing.
8. Determine if incidents of unprofessional conduct by department employees are a result
of systemic ineffective management style and leadership capabilities; are isolated
individual acts; or, are a result of deficient or employee disregard of policies and
procedures.
9. Consultant shall present final report to City Commission if requested and provide to the
City final report in digital format and provide ten (10) hard copies.
305 of 520
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11
12. A
NEW BUSINESS
September 18, 2012
r '
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: September 18, 2012
NATURE OF
AGENDA ITEM
❑
OPENINGS
❑
PUBLIC HEARING
❑
OTHER
❑
CITY MANAGERS REPORT
El
ANNOUNCEMENTS /PRESENTATIONS
El
UNFINISHED BUSINESS
❑
ADMINISTRATIVE
®
NEW BUSINESS
❑
CONSENTAGENDA
❑
LEGAL
❑
BIDS AND PURCHASES OVER $100,000
❑
FUTURE AGENDA ITEMS
❑
CODE COMPLIANCE AND LEGAL
SETTLEMENTS
REQUESTED ACTION BY CITY COMMISSION: Approve request from J & J Amusements for the
Boynton Beach Mall Fall Carnival. Applicant Joe Sheldon.
EXPLANATION of REQUEST: Mr. Joe Sheldon, of J & J Amusements, has submitted an
application for special events to allow for the annual Fall Carnival to be held at the
Boynton Beach Mall. This upcoming event would be similar to the prior events held
annually over the past 4 years, as allowed in accordance with an agreement between
the City and Simon Properties. This agreement allowed a specified number of special
events to be conducted at the mall per year, including uses that otherwise are not
allowed within the subject zoning district as a principal use like car sales and carnivals.
This agreement expired in May, therefore prompting staff to forward this application to
the Commission for approval similar to the process followed for processing requests for
an annual carnival at the Lake Worth Christian School.
The carnivals appear to be conducted by different organizations; however, they offer
similar features such as amusement rides, carnival games and various food and non-
alcoholic beverage concessions. The subject application also similarly indicates that
music is not provided. The event at the mall is scheduled to be conducted on
September 27 through October 7 ", with 2 to 3 days planned for setup and breakdown.
The carnival would operate until 10 pm on weekday nights (including Sundays), and
until 11 pm on weekends (Friday and Saturday evenings). The carnival would open at 7
pm on weekdays and at 4 pm on weekends.
Staff supports the approval of this temporary event, and only recommends that the
approval be conditioned upon any requirements generated through the review of the
316 of 520
special events application by city staff, including the restriction on overnight presence by
general carnival employees, except for anyone specifically present for security
purposes.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A
FISCAL IMPACT: N/A
ALTERNATIVES: Not approve subject request.
317 of 520
CITY OF BOYNTON BEACH
EVENT PROPOSAL
Name of Event
Requested location of event
Alternate location ofevent
Dates and times of the event
P1
DateEnd
Event Day 1
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OF Ll AM 95M
Event Day 2
Event Day 3 r �;Lq
Fie 1'
7 1� 7
El Am 4rm
El Am Ulm
Ej AM RPM
AM Uj
A
Event Day 4
El Am Wm
AM il
/,If, SIX
7
Set up for event will begin on Date
Time
Breakdown will be complete by Date
Time fq'4m
Alternate date for your event
Organization(s) Producing Event:
# of full time staff members in the organization
# of volunteers in the organization
Individual(s) Responsible:
Name
la Al
rV
Address C (),V & J j9j)e
City J)
stauvzip 23 4 Q'k
Phone
FMT.
N
Address
City
State/Zip
Phone
Fax
# of full time staff members in the organization
# of volunteers in the organization
Name
Address
city
State/Zip
Phone
Fax
Non - Profit, Private or Commercial
Tax Exempt Number
Corporation Name
Date of Incorporation (Please attach a copy of your sales tax certificate to the application)
Purpose of the event (Goals, etc.)
Number ofyears this event has taken place in the City ofBoymon Beach: M
Is event produced in other cities? F 5D4qO Ifyes, what citi
Estimated number ofparticipants '500 1
W Q;."
A ` "El "1 0
T
Z MI
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319 of 520
Please list charges for participants and viewers below (admission, registration or entrance fees):
Vendor Fees Numb Cost Per Vendor Estimated &-venue
Food Vendors $ $
Art Vendors (other) $ $
Ticket Number
Adults
Children
Seniors
Cost per
Ticket/Registration Fee
S
How will these revenues be utilized?
If the proceeds of the mquested event are intended for an organization other than the applicant, please provide the following info on:
Benefiting organization:
City/State/Zip:
Phone:
-A rasa of Chas area must be attache
Does the proposed area include fenced areas? Ll YES 2<
Ifyes, clearly indicate the exact areas to be fenced on the map. There are specific requirements regarding fencing on city property.
Will event require the use ofelectricity? Er'�ES n NO Locti..:
Events requiring electricity must hire an electrician, licensed in the City ofBoynton Beach. (Please show locations on map)
I
MMUMMEM
11 AMPLIFIED MUSIC IS PERMITTED A T CITY PARK&
Will food and/or beverages be nYES El '" O Ifyes: [I • ffFood
Plc&w provide detailed information on the site map. i.e. how food will be
zerved, ifpropane tank, size oftank, etc.
[a
320 of 520
MOM=
Page 3 of 3
Are you utilizing public transportation? Ll YES R1�0 How? Please explain.
Are you proposing to use Fireworks at your event? ❑ YES — M'�,qO * �Separate permit required from the Fire Marshal
(indicate their location on site map)
Are you proposing to place signs or erect banners? 0 YES 040
(Indicate their location on site map)
Will any temporary structures be erected (stages, ten% ticket booths, etc?) EIYES B<0
(ttidicate their locations on site map)
Will the event have any vendors or concession sales? [B'YES ❑ NO Please indicate
Will LP gas be used? BTES ❑ NO Please provide
(Inspection of LP gas tanks will be conducted) size (in #'a)
and number of
tanks
Please enclose the appropriate non-refirrulable application fee payable to The City of Boynton Beach
Planning & Zoning Division
P.O. Box 310, 100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425-0310
FOR STAFF USE ONLY
VATE MAP
I � SALES TAX CERTIFICATE
OINSURANCE
V"LIC kTION FEE RECEIVED:
I P
NAME ON CHECK:
TION RECEIVED
TULIP
CERTIFICATE PROVIDED
AMOUNT: CHECK #:
DATE:
IWIMM
PLANNING & ZONING DIVISION
BUILDING DIVISION
FIRE DEPARTMENT
POLICE DEPARTMENT
SIGNATURE
DATE
SIGNATURE
DATE
SIGNATURE
DATE
SIGNATURE DATE
RISK MANAGEMENT
SIGNATURE DATE
", V 111
RECREATION AND PARKS DEPARTMENT Ark, r"'
J
ST AT IRE
s e 'Z
2
I 1
321 of 520
MOM
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323 of 520
13. A
LEGAL
September 18, 2012
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: September 18, 2012
NATURE OF
AGENDA ITEM
❑
OPENINGS
❑
PUBLIC HEARING
❑
OTHER
❑
CITY MANAGERS REPORT
El
ANNOUNCEMENTS /PRESENTATIONS
El
UNFINISHED BUSINESS
❑
ADMINISTRATIVE
❑
NEW BUSINESS
❑
CONSENTAGENDA
®
LEGAL
❑
BIDS AND PURCHASES OVER $100,000
❑
FUTURE AGENDA ITEMS
❑
CODE COMPLIANCE AND LEGAL
SETTLEMENTS
REQUESTED ACTION BY CITY COMMISSION: PROPOSED ORDINANCE NO. 12 -016 - FIRST
READING - Approve amendments to the LDR intended to, in part, provide incentives to the
development of non-conforming industrial lots; promote more urban development through
clarification of build -to -line regulations; update historic preservation processes; and enhance
project and streetscape appearance through various changes in community design regulations.
Applicant: City- initiated.
EXPLANATION OF REQUEST: This is a collection of various proposed amendments to the
Land Development Regulations that are grouped and explained below. It should be
noted that several amendments have been prompted in connection with the
establishment of new programs or processes, or motivated by lessons learned from the
application of current regulations to past or present development proposals or concepts.
The proposed amendments are described as follows:
Business promotion — Proposed amendments that involve reducing the sound
analysis requirements for certain businesses, allow for certain business activities
to be conducted primarily outdoors, and allow for the development of non-
conforming industrial property through changes in lot size and landscaping
requirements;
Historic preservation — The City's Historic Preservation Program continues to be
implemented warranting amendments to the LDR that pertain to format and
internal consistency, application requirements, user - friendliness of notification
requirements, consistency with Federal standards and criteria, and eligibility for
tax exemption;
324 of 520
Design flexibility — Greater flexibility in project design is the objective of allowing
variation in building placement along the street frontage, recognizing the
possibility of, and need for design flexibility when, a project has multiple
frontages on target streets within the redevelopment area; and through the
addition of criteria for the review of deviations from required "build -to" lines which
also encourage the use of design elements that enhance the streetscape;
Live Entertainment Permit — With the establishment of this system for reviewing
and approving live entertainment at restaurants, bars, and nightclubs, there is the
need for proper cross - references in the LDR, and the opportunity to eliminate the
complex and technical sound analysis requirement for certain conditional uses
thereby increasing the application of this simple approval /permit process; and
Sustainability /Green — This group includes proposed changes to the
methodology for determining tree mitigation requirements as part of site
development, which essentially decrease the use of palm trees and increase the
use of canopy trees in order to decrease the heat island effect.
There are also various other proposed amendments that involve the simple aspects of
managing the format of the LDR, clarifying code wording, and necessary "clean -ups"
realized from lessons learned during the application and enforcement of the relatively
new LDR which do not impact standards or other substantive contents.
Lastly, know that staff will soon be circulating the next group of proposed amendments
that would support the initiatives of business promotion and redevelopment, and
sustainability, which will involve parking regulations applicable to the downtown area,
and expanded provisions for windmills.
The Planning & Development Board reviewed this item at its August 28 meeting and
forwards it with a recommendation for approval.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? NA
FISCAL IMPACT: NA
ALTERNATIVES: Not approve proposed amendments or approve with changes.
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ORDINANCE 12-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA AMENDING PART II, CODE OF ORDINANCES, CHAPTER 13,
ARTICLE IV "LIVE ENTERTAINMENT PERMITS "; AMENDING PART III, LAND
DEVELOPMENT REGULATIONS WITH AMENDMENTS TO CHAPTER 1,
"GENERAL ADMINISTRATION ", ARTICLE II, "DEFINITIONS", CHAPTER 2,
"LAND DEVELOPMENT PROCESS", ARTICLE 1, "OVERVIEW", ARTICLE II,
"PLANNING AND ZONING DIVISION SERVICES", ARTICLE IV, `BUILDING
DIVISION SERVICES", CHAPTER 3, "ZONING", ARTICLE III, "ZONING
DISTRICTS AND OVERLAY ZONES", ARTICLE IV, "USE REGULATIONS",
ARTICLE V. "SUPPLEMENTAL REGULATIONS", CHAPTER 4, "SITE
DEVELOPMENT STANDARDS", ARTICLE I, "ENVIRONMENTAL PROTECTION
STANDARDS", ARTICLE II, "LANDSCAPE DESIGN AND BUFFERING
STANDARDS", ARTICLE III, "EXTERIOR BUILDING AND SITE DESIGN
STANDARDS", ARTICLE V, "MINIMUM OFF - STREET PARKING
REQUIREMENTS", ARTICLE VI, "PARKING LOT, VEHICULAR USE AREAS, AND
LOADING STANDARDS", ARTICLE VII, "EXTERIOR LIGHTING STANDARDS",
ARTICLE VIII, "ROADWAYS, UTILITIES, AND INFRASTRUCTURE STANDARDS",
ARTICLE IX, "BUILDING, CONSTRUCTION, AND HISTORIC PRESERVATION
REQUIREMENTS"; PROVIDING FOR CONFLICT, SEVERABILITY, INCLUSION;
AND EFFECTIVE DATE.
WHEREAS, in 2010, the City Commission approved a comprehensive update to the
City's Land Development Regulations; and
WHEREAS, as part of the process, staff anticipates the periodic need for updates and
amendments in connection with the establishment of new programs or processes or from
information gained from the application of current regulations to past or present development
proposals or concepts; and
WHEREAS, staff recommends the adoption of the attached amendments to the Code of
Ordinances and Land Development Regulations as it will help promote business /economic
development, make the code more user - friendly, and provide the necessary updates based on
lessons learned and processes established subsequent to the 2012 update of the Land
Development Regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA:
Section 1 . That the foregoing "WHEREAS" clause is true and correct and hereby
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ratified and confirmed by the City Commission.
Section 2. That Part II, Code of Ordinances and Part III, "Land Development
Regulations ", of the City of Boynton Beach are hereby amended as follows:
See attached Exhibit "A"
Section 3 . All prior ordinances or resolutions or parts thereof in conflict herewith are
hereby repealed to the extent of such conflict.
Section 4 . If any section, sentence, clause, or phrase of this Ordinance is held to be
invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way
affect the validity of the remaining portions of this Ordinance.
Section 5 . It is the intention of the City Commission of the City of Boynton Beach,
Florida, that the provisions of this Ordinance shall become and be made a part of the City of
Boynton Beach Code of Ordinances; and that the sections of this ordinance may be renumbered
or re- lettered and the word "ordinance" may be changed to "section," "article," or such other
appropriate word or phrase in order to accomplish such intentions.
Section 6 . This Ordinance shall be effective immediately after adoption by the City
Commission.
PASSED FIRST READING this day of , 2012.
SECOND AND FINAL READING ADOPTED this day of , 2012.
CITY OF BOYNTON BEACH, FLORIDA
Mayor — Woodrow L. Hay
Vice Mayor —
Commissioner — William Orlove
Commissioner — Woodrow L. Hay
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ATTEST:
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
Commissioner — Steven Holzman
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DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING
Memorandum PZ 12 -029
TO: Chair and Members
Planning & Development Board
FROM: Eric Lee Johnson, AICP, CFM, LEED Green Associate
Planner II
THROUGH: Michael Rumpf
Planning and Zoning Director
DATE: August 22, 2012
RE: LDR Amendments to Nonconforming Regulations, Landscaping Standards,
Community Design Standards, and Historic Preservation Requirements
CDRV 12 -005
OVERVIEW
The rewrite of the City's land development regulations (LDR) allowed staff to perform a
complete review and analysis of each standard, regulation, and process. As part of the post -
adoption process, staff anticipates the periodic need for, and is prepared to expeditiously process,
updates and amendments to the LDR for one or more of the following reasons or initiatives:
1. Business and economic development initiatives;
2. Sustainability initiatives;
3. Maintaining internal consistency;
4. Achieving regulatory compliance; and
5. Incorporating implementation feedback necessary to meet original or current
objectives and vision.
The proposed request would further item 91, Business and economic development initiative and
item 93, Internal consistency, including necessary updates based on lessons learned and
processes established subsequent to the 2010 LDR update
NATURE OF REQUEST
Approve proposed amendments to the Land Development Regulations (LDR) intended to update
and enhance development and design standards to promote business /economic development and
increase user - friendliness. The proposed amendments include incentives to the development of
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industrial lots, promote more urban development through clarification of build -to line
regulations, reduce landscape requirements for non - conforming lots, update historic preservation
processes, and are intended to enhance project appearance through various changes in
community design regulations.
ANALYSIS
Preparation of these documents has involved the comprehensive and detailed review of the
associated land development processes, the applicable standards, and the city department
responsible for the administration of such regulations and standards. The following list
summarizes the proposed amendments to the land development regulations:
Part II (Code of Ordinances), Chapter 13, Article IV Live Entertainment Permits
• Update the live entertainment permit submittal requirements to require a signed affidavit
that affirms the application will not violate the Noise Control Ordinance.
• Update /remove the requirement for all conditional uses to have a sound analysis, and
only require this analysis from operators who are reapplying following revocation. The
sound impact analysis must demonstrate mitigating solutions aimed at reducing or
eliminating the potential for violating the Noise Control Ordinance and preventing off -
site nuisance conditions which led to the original revocation.
Part III (LDR), Chapter 1, Article II Definitions
• Update the definitions of Auto /Car Wash; Restaurant; and Bar and Nightclub to
emphasize that business activities are to be mainly conducted indoors, but that such
establishment may have an outdoor component to the operation to accommodate such
unique businesses (e.g., Cuthill's Backyard) that operate primarily outdoors.
Part III (LDR), Chapter 2, Article I Overview
• Update the article to include the newly created Historic Resources Preservation Board as
a reviewing agency for those applications involving historic preservation.
• Enhance article to include asterisks next to the types of development applications
requiring quasi-judicial hearings.
Part III (LDR), Chapter 2, Article II Planning and Zoning Division Services
• Update the scope of Community Design Appeal application to include deviations from
build -to line requirements (i.e., setbacks) in certain zoning districts and areas of the City.
• Insert into the article, a new section for the applications established as part of the new
historic preservation program to include: 1) Certificate of Appropriateness; 2) Historic
District or Properties Designation; and 3) Historic Preservation Property Tax Exemption
Application.
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• Amend the paragraph order in the "Eligible Applicants" section to improve consistency
and clarity. The two paragraphs regarding voting rights when designating a district are
now next to each other rather than being separated by other wording.
• Simplify the public notification process for individual site designations by only requiring
the notification of abutting or adjacent properties rather than those within a 400 foot
radius. The 400 foot requirement is still in place for the designation of a district.
• Remove unnecessary (repeated) wording from the "Board Approval" section regarding
Certificates of Economic Hardship.
• Simplify the application process for "Certificate of Economic Hardship" by requiring
only a written statement rather than a formal application similar to the appeal process
currently established in the LDR. Expand the submittal requirements to provide
additional documentation of hardship consistent with procedures of other cities and
beneficial for the determination of economic hardship.
Part III (LDR), Chapter 2, Article IV Building Division Services
• Update article by reinserting wording required by Code Compliance to ensure that sites
are maintained in accordance with the approved site plan of record.
Part III (LDR), Chapter 3, Article III Zoning District and Overlay Zones
• Revise site regulations table for SMU and Urban Mixed -Use zoning districts, and the
Urban Commercial District Overlay Zone to emphasize "urban" design standards, with
minimal setbacks and a mandatory build -to line, and include exceptions when
accommodating pedestrian amenities and sidewalk areas or to maintain compliance with
safe -sight and visibility requirements.
• Enhance the site and development regulations for the Urban Mixed Use zoning districts
and Urban Commercial District Overlay Zone by allowing minor deviations of up to 15
feet from build -to line requirements to optimize a project's landscape design; maximize
drainage solutions; accommodate architectural enhancements; or to otherwise enhance
public spaces in front of buildings along rights -of -way. Exceptions would be eligible for
the more appropriate relief process, the option of a Community Design Appeal instead of
the traditional variance.
• Update the M -1 district regulations to encourage development on non - conforming lots
that do not meet the minimum lot size by amending the development standards, including
minimum landscaping requirements.
Part III (LDR), Chapter 3, Article IV Use Regulations
• Amend the Noise standard of the City's operational performance standards to include a
cross - reference to the Live Entertainment Permit process established subsequent to the
update of the LDR.
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• Update the conditional use application's evaluation criteria by removing the requirement
that bars /nightclubs be subject to sophisticated "sound study" certified by an acoustical
engineer, and allow the submittal of a less technical non - certified sound impact analysis.
The new Live Entertainment Permit process was established to provide a simple, more
user - friendly system for permitting such activity and which emphasizes the City's noise
ordinance.
Part III (LDR), Chapter 3, Article V Supplemental Regulations
• Enhance the general design standards of all fences by requiring the finished sides to face
adjacent properties.
• Update the nonconforming regulations by exempting the M -1 zoning district from
complying with the 85% lot frontage requirement.
Part III (LDR), Chapter 4, Article I Environmental Protection Standards
• Update the methodology that is used when calculating the number of replacement trees
required for mitigating purposes. The new methodology differentiates between canopy
trees, small and medium sized palm trees, and large palm trees. The new provisions aim
to discourage the replacement of large mature canopy trees with small and medium palm
trees.
Part III (LDR), Chapter 4, Article II Landscape Design and Buffering Standards
• Amend the design standards by restricting palm species to no more than 50% of the
required trees on any given site within commercial or mixed -use zoning with the intent of
increasing tree canopy area and decreasing the heat island effect.
• Update the Alternate Landscape Plan (ALP) provisions by creating new landscape
regulations intended to support the development and redevelopment of smaller urban
industrial lots.
Part III (LDR), Chapter 4, Article III Exterior Building and Site Design Standards
• Organize article by separating major topics under section headings rather than subsection
headings, thereby making it easier for the general public to locate specific standards in
the code (e.g., Design Standards for Multi- Family and Non - Residential Uses Adjacent to
Single - Family Residential Zoning Districts; Design Standards for Development in Urban
Areas; Design Standards for Large Non - Residential Development (Big Box) in Suburban
Areas).
Part III (LDR), Chapter 4, Article V Minimum Off - Street Parking Requirements
• Clarify the existing provision that limits the maximum allowable number of parking
spaces for non - residential uses. The existing provision was originally created to further
sustainability initiatives (e.g., prevent over paving sites with impervious surfaces), to
reflect staff's original intent that it be applicable only to new projects and major
modifications to existing development.
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Part III (LDR), Chapter 4, Article IX Building, Construction, and Historic Preservation
Requirements
• Reorganize entire article for consistency with all applications administered by the
Planning and Zoning Division by relocating all "process" related language into Chapter
2, Article II.
• Relocate all Historic Preservation "process" provisions to Chapter 2, Article II, to
appropriately be combined with all other Planning and Zoning Division Services.
• Amend the "Guidelines for Historic Designation" section by adding the word "feeling" to
the list of aspects necessary to assess the integrity of a site. The list now includes seven
aspects of "integrity" and is consistent with those listed in the National Register
guidelines.
• Enhance the "Authority to Initiate Designation" section by adding site recording and
architectural salvaging requirements for undesignated sites. This requirement was only in
place for the demolition of a designated structure; however, if the Historic Preservation
Board delays the demolition of an undesignated structure to determine if it is eligible for
designation but the designation process is not completed, the owner is required to record
the structures and attempt to salvage materials prior to demolition.
• Relocate definitions to Chapter 1, Article II of the land development regulations for
overall consistency.
• Clarify the description of works eligible for tax exemption by adding the word
"appropriate" in describing the "renovation," "restoration," or "rehabilitation" to
reinforce the requirement to follow widely accepted historic preservation best practices.
• Amend the process for submitting an appeal if a Preconstruction Application is denied by
the Board in the "Appeals to the Historic Resources Preservation Board" section.
Appeals will now be submitted in writing rather than by application form. The
notification requirements have also been enhanced by the addition of "adjacent property"
for consistency with the notification requirements for designating an individual site.
CONCLUSION / RECOMENDATION
Staff is recommending approval of the proposed code amendments. Overall, this amendment
would help promote business /economic development, make the code more user - friendly, and
provide the necessary updates based on lessons learned and processes established subsequent to
the 2010 LDR update.
S:APlanning\ SHARED \WP \SPECPROJ\CODE REVIEW\CDRV 12 -005 M -1 Zoning \CDRV 12 -005 Staff Report.doc
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PROPOSED LANGUAGE
PART 11 (CODE OF ORDINANCES), CHAPTER 13 LICENSES
ARTICLE I
BUSINESS TAX RECEIPTS...
ARTICLE II
GARAGE SALES...
ARTICLE III
ADULT ENTERTAINMENT...
ARTICLE IV
LIVE ENTERTAINMENT PERMITS
Sec. 13 -80. Live entertainment permit.
(a) Definition.
Live entertainment defined. Live entertainment means a
use in connection with a restaurant, bar /nightclub, or
indoor /outdoor entertainment se l4--aill letingeer Other� 'lr
establishment, wherein floorshows or other forms of entertainment
consisting of one (1) or more persons, amplified or non - amplified
music or other related sounds or noise °eke mod, are
provided indoors or outdoors, including but not limited to
entertainment provided by musicians, disc jockey (DJ), master of
ceremonies (MC), or karaoke.
(b) Time limits. Any live entertainment permit (herein referred to as
"permit ") g ranted by the city shall expire twelve (12) months after the date of
approval of such 14;H0 permit and must be renewed in accordance
with subsection (h) of this section.
(c) Method of approval. A 'i� , ° entei ainment permit may be approved
by the city after an application, as provided herein, has been processed by city
staff.
(d) Review and approval procedure.
(1) Permit 4 applications shall be
obtained from and filed with the Development Department, and
may be initiated by the owner of the subject property or the
owner's designated representative. All applications must be signed
by the property owner. A complete application will be processed
by the Development Department, which also consists of the
required fee and necessary supportive materials, including the
following:
a. A site and /or floor plan, indicating the location of the
live entertainment.
b. A summary of facts concerning the location and
orientation of the live entertainment, including proposed
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days and hours of operation, description of proposed
entertainment, description of premises where entertainment
is proposed, number of entertainers, etc.
C. A valid Business Tax Receipt. All businesses wishing
to secure an entertainment permit must conform with all
local zoning requirements.
d. A signed affidavit affirming the business will not
violate the Noise Control Ordinance.
(e) Non - transferable permit. A liPHO permit is valid only
for a specific establishment at a specific location and is nontransferable to another
establishment. If an establishment with a valid live entertainment permit ceases
operation at a specific location and another establishment begins operation at this
location, the live entertainment permit is nontransferable to the new establishment
at the same location. In addition, if an establishment with a valid 4�ve
°40*°44 -ai men permit relocates, the permit is nontransferable to the new location.
In both instances, a new live entei4,,inmen permit application must be submitted
for City Commission consideration.
(f) Standard conditions of approval for all permits. The following are
standard conditions for approval of all 'i�°e entei4,,inmen permits which are
incorporated into the City Commission's approval of a 'iF7° °n-te,44 i ment permit
application and made a part of the terms under which the live entertainment
permit is granted:
(1) For indoor entertainment, all doors and windows shall
remain closed during performances, with the exception of
momentary use for ingress and egress. If doors and /or windows
are opened during the performance, subsection (f)(2) of this section
is applicable.
(2) Section 15 -8 of the City's Code of Ordinances, Noise
control -Short title; through section 15 -10.7, Enforcement and
Penalty, inclusive, pertaining to noise, shall apply to live
entertainment, and all live entertainment shall be subject to
enforcement of the City's Noise Control Ordinance.
(3) Hours of outdoor amplified live entertainment at
establishments with a residential unit or units within 100 feet of the
site shall not extend beyond 11:00 p.m. Sunday through Thursday
evenings and 12:00 a.m. on legal holidays as defined in the City's
Noise Control Ordinance, Friday and Saturday evenings.
(g) Standards for review. In its deliberations concerning the granting of
a live entertainment permit, the city shall carefully consider the following
guidelines and standards:
(1) Ingress and egress to the subject property and use, with
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particular reference to automotive and pedestrian safety and
convenience, traffic generation flow and control, and access in
case of fire or catastrophe, shall be on substantially improved
property and generally conform to current city regulations and not
potentially detrimental to existing or anticipated uses in the
vicinity and particularly not detrimental to property immediately
adjacent to the subject site.
(2) Off - street parking areas for the principal use shall be in
conformance with applicable (e.g. parking space requirements)
standards with respect to required parking, as well as be adequate
and well- designed, and relate well, in terms of proximity, access
and the like, to the intended entertainment to be serviced, with
particular attention to the items listed in subsection (g)(1) of this
section. Further, the smoke, noise, glare, dust, vibrations, fumes,
pollution or odor effects related to the vehicular use area or the live
entertainment shall not be detrimental to the adjoining properties in
the general area.
(3) Refuse and service areas, with particular reference to the
items listed in subsections (g)(1) and (2) of this section, shall be
adequately screened so as not to be visible from adjacent properties
or a public right -of -way and shall be located in such a way as not
to be a nuisance, by virtue of smoke, noise, glare and the like, to
adjacent properties.
(4) Utilities, whether public or private, shall be adequate and not
detrimental with reference to location, availability, adequacy and
compatibility.
(5) Screening, buffering or separation of any nuisance or
hazardous feature, with reference to type, dimensions and
character, shall be fully and clearly represented on the submitted
plans and shall be adequate to protect adjacent properties. This
shall shetild include proposed strategies to mitigate sound levels at
adjacent property lines and distances from the noise source(s) as
enumerated in the city's Noise Control Ordinance.
(6) Proposed signs and exterior lighting shall be considered with
reference to glare, traffic safety and compatibility and harmony
with surrounding properties and shall be determined to be
adequate, safe and not detrimental or a nuisance to adjacent
properties.
(7) The proposed live entertainment shall be compatible and
appropriate with respect to adjacent properties and other property
in the district and geographic area.
(h) Permit renewal procedure. Permits shall
renew on an annual basis in conjunction with the Business Tax Receipt renewal
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effective October 1 of each year. Establishments with complaints that have been
the subject of an Order issued by the City's Code Compliance Board finding the
establishment in violation of City Code, and /or findings by a civil or criminal
court of a violation of City Code or other applicable law(s) shall require annual
City Commission approval prior to the renewal of the live entei4 inment permit.
Permits not approved for renewal by City Commission
will be prohibited from re- applying for a period of one (1) year.
(i) Revocation of permits. The City Commission may revoke a
previously approved ' °„ + °^ „ m ° permit upon making 44e fallowing
findings, in a public hearing that that operation of the live
entertainment has resulted in the violation of a city ordinance, or any of the
conditions of approval outlined in the approving resolution, including the standard
conditions outlined in subsection (h) of this section, and that the City's Code
Compliance Board has found that a violation has occurred, and entered an order
finding that such a violation has occurred pursuant to Chapter 2, Article V, of the
City's Code of Ordinances.
In the event the City Commission revokes a live entertainment permit, the City
Commission shall not issue a new '4 ;H° °;A°,4.,:,,men permit for the same location
for a period of twelve (12) months from the date of revocation. In order to submit
an application for a new °; *-°44- :,,men permit, the location must not have
been found in violation of any City Code provisions within the twelve (12) month
time period just prior to the date the application for a live entertainment permit is
submitted.
(24 After the time period specified above has elapsed, a new permit
application may be submitted to the Development Department. This renewal
application _ shall also
include new b °gui- - °,a *A- submittal of an impact analysis which demonstrates
mitigating solutions intended to reduce or eliminate the potential
for violating the Noise Control Ordinance or otherwise creating off -site nuisance
conditions.
0) The City Commission hereby establishes the following live
entertainment permit application fee, a live entertainment permit fee which is
computed based upon the date of the Commission's action approving the
application, and an annual live entertainment permit renewal fee:
(1) Live entertainment permit application fee $150.00.
(2) Annual 'i-;7° °; *°• --Ai meat permit renewal fee $50.00
(k) Live entertainment without a ^4�17e ente#Ainmenz permit is
prohibited and violations of these regulations may be enforced by the city as
follows:
(1) The City Code Compliance Board shall have jurisdiction to
hear and decide cases in which violations of this chapter are
alleged, or
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(2) The City may enforce the provision of this Code by
supplemental Code or Ordinance enforcement procedures as
provided by Part 2 of Chapter 162, Florida Statutes, or
(3) The city may prosecute violations of this section by issuance
of Notices to Appear for violation of a city ordinance, in which
case, the penalty for a violation shall be as follows:
a. First violation - $100.00
b. Second violation within twelve (12) months of
adjudication of first violation - $150.00
C. Third violation within eighteen (18) months of
adjudication of first violation - $250.00
Each day on which a violation exists shall constitute a
separate violation for the purpose of determining the fine,
or
(4) The City Attorney, with authorization from the City
Commission, may bring suit on behalf of the city to enjoin any
violation of this section.
PART III (LDR), CHAPTER 1, ARTICLE II DEFINITIONS
AUTO / CAR WASH (POLISHING, WAXING, DETAILING) — Establishments
providing for the cleaning of private automobiles, recreational vehicles (personal
watercraft), or other light duty equipment through manual detailing and / or mechanical
resources. Business activity is to be conducted indoors, but the establishment may have
an outdoor component if approved through the site plan or site plan modification process.
RESTAURANT — An establishment engaged in preparing, selling, and / or serving food
and beverage items. Food and drink may be consumed on premises, delivered, and taken
out (via pick -up or carry -out). Alcoholic beverages may be sold in combination with
selling food but ultimately, the sale of food constitutes more than 51% of its monthly
gross revenue. Business activity is to be conducted indoors, but the establishment may
have an outdoor component if approved through the site plan or site plan modification
process.
BAR AND NIGHTCLUB — Any licensed premises that is devoted predominately or
totally, to the serving of alcoholic and / or intoxicating beverages or any combination
thereof, for consumption at the licensed establishment. Leisurely dancing may occur or
patrons may be entertained by live or recorded performers who dance, sing, play
instruments, or perform other acts of entertainment (excluding adult entertainment). The
service of food may be incidental to the service of the aforementioned beverages,
activities, and entertainment. These establishments are known as but are not limited to
the following: bars, cigar bars, cabarets, cocktail lounges, comedy clubs, dance clubs,
discotheques, night clubs, piano bars, pubs, and saloons. Business activity is to be
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conducted indoors, but the establishment may have an outdoor component if approved
through the site plan or site plan modification process.
PART III (LDR), CHAPTER 2, ARTICLE I OVERVIEW
Section 1. General.
Section 2. Types of Land Development Applications.
A. Table 2 -1. Applications by City Departments.
Legend:
HRPB: Historic Resources Preservation Board
P &Z: Planning and Zoning Division
P &D: Planning and Development Board
CRA: Community Redevelopment Agency
CC: City Commission
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CODE
REVIEWING
APPROVING
PUBLIC
APPLICATION TYPE
SECTION
AUTHORITY
AUTHORITY
HEARING
(STAFF)
REQUIRED?
ARTICLE IL PLANNING AND ZONING DIVISION SERVICES
Standard A lications
Annexation
Art II,
Director of
CC —F
Yes
Section 2.A
P &Z
Comprehensive Plan
Amendment
Teat
Art II,
City Initiated Only
Section 2.B.2
Future Land Use Map
Art II,
Director of
CC
Yes
(FLUM)
Section 2.B.3
P &Z
Art II,
Conditional Use
Section 2.0
Director of
P &Z
CC
Yes*
—
Conditional Use Time
Art II,
Extension
Section 2.C.6
Art II,
Rezoning
Section 2.1)
Article II,
Master Plan (New)
Section
CC
Yes*
2.D.6
Director of
P &Z
Article II,
Master Plan
Section
Modification (Major)
2.D.6.g
Master Plan
Article II,
Director of
Modification (Minor)
2 c ion
P &Z
No
Art II,
Director of
Director of
Sign Program
Section 2.E
P &Z
P &Z
No
Art II,
Director of
Site Plan Review
Section 2.F
P &Z
CC
Yes*
Site Plan Time
Art II,
Extension
Section 2.F.6
Site Plan Modification
Art II,
(Major)
Section 2.F.7
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Site Plan Modification
Director of
No
(Minor)
P &Z
Vacation and
Art II,
Director of
CC
Yes*
Abandonment
Section 2.G
P &Z
—
Planned Industrial Develo ment (PID) Applications
Master Site Plan (New)
Art II,
PID Zoning District On
Section 3.A
Director of
CC
Yes
Master Site Plan
Modification, Major
Art II,
Section
3.A.6
P &Z
Master Site Plan
Director of
No
Modification, Minor
P &Z
Technical Site Plan (New)
Art II,
PID Zoning District On
Section 3.B
Director of
Director of
Technical Site Plan
No
Modification, Major
Art II,
Section 3.B.6
P &Z
P &Z
Technical Site Plan
Modification, Minor
ARTICLE IL PLANNING AND ZONING DIVISION SERVICES continued
Art II,
Director of
Waiver
CC
Yes
Section 3.C.
P &Z
Relief Applications
Administrative
Art II,
Director of
Director of
Adjustment
Section 4.A
P &Z
P &Z
No
Community Design
Art II,
Director of
CC
Yes
Appeal
Section 4.B
P &Z
Art II,
Director of
Height Exception
Section 4.0
P &Z
CC
Yes
Variance to Land
Art II,
Director of
CC
Yes*
Development Regulations
Section 4.1)
P &Z
—
Art II,
Director of
See Site Plan
See Site Plan
Waiver
Section 4.E
P &Z
Review
Review
Permit Applications
Art II,
Director of
Director of
Sign Permit
Section 5.A
P &Z
P &Z
No
Art II,
Director of
Director of
Zoning Permit
Section 5.B
P &Z
P &Z
No
Historic Preservation
Certificate of
Art I, I
Director of
Appropriateness
Section 6.A.
HRPB
Yes
P &Z
Historic District or
Art II,
Director of
Properties Designation
Section 6.B.
CC
Yes*
P &Z
Historic Preservation
Art II,
Director of
Propertv Tax Exemption
Section 6.C.
P &Z
CC
Yes
Application
Other Applications
Art II,
Director of
Director of
Certificate of Conformity
Section 7 4.A
P &Z
P &Z
No
Art II,
Director of
Director of
Lot Line Modification
No
Section 7 §.B
P &Z
P &Z
Mobile Vendor Upadow
Art II,
Director of
Yes
Approval
Section 7 4.0
P &Z
P &D
Ne
Modification to
Art II,
Director of
CC
Yes
340 of 520
Development Order
Section 7 §.D
P &Z
Standard Applications...
Section 3.
Sidewalk Cafe Approval
Art II,
Director of
CC
No
Section 7 4.E
P &Z
Zoning Verification
Art II,
Director of
Director of
No
Letter
Section 7 §.G
P &Z
P &Z
ARTICLE III. ENGINEERING DIVISION SERVICES
Preliminary Plat
Art III,
Section 2.13
City Engineer
City Engineer
No
Final Plat
Art III,
Section 2.0
City Engineer
CC
Yes
Land Development
Art III,
City Engineer
City Engineer
No
Permit (LDP)
Section 3
Right -of -Way Permits
Art III,
Section 4
City Engineer
City Engineer
No
Engineering Division
Art III,
City Engineer
City Engineer
No
Waiver
Section 5
CODE
REVIEWING
APPROVING
PUBLIC
APPLICATION TYPE
SECTION
AUTHORITY
AUTHORITY
HEARING
(STAFF)
REQUIRED?
ARTICLE IV. BUILDING DIVISION SERVICES
Building Permit
Art IV,
Building
Building
No
Section 2
Official
Official
Sign Permit
Art IV,
Building
Building
No
Section 3
Official
Official
Art IV,
Building
Building Board
Variance
Section 4
Official
of Adjustment
Yes
and Appeals
ARTICLE V. BUSINESS TAX SERVICES
Seasonal Sales Event
Art V,
Business Tax
Business Tax
No
Approval
Section 3
Manager
Manager
Special Temporary Sales
Art V,
Business Tax
Business Tax
No
Event Approval
Section 4
Manager
Manager
* Quasi - judicial proceedings are required pursuant to Part H (City Code of
Ordinances)_ Chabter 2. Article I. Section 2 -20.
PART III (LDR), CHAPTER 2, ARTICLE II PLANNING & ZONING DIVISION
SERVICES
Section 1.
General...
Section 2.
Standard Applications...
Section 3.
Planned Industrial Development (PID) Applications...
Section 4.
Relief Applications...
Section 4. Relief Applications.
Each application for relief shall be considered unique and not set precedent for
subsequent requests.
A. Administrative Adjustments...
B. Community Design Appeal.
341 of 520
1. General.
a. Purpose and Intent. The purpose of this
subsection is to provide a relief process that allows for
deviations from specific build -to line requirements of
Chapter 3, Article III and any community design standard
of Chapter 4 of these Land Development Regulations. The
intent of this application process is not to provide a means
of circumventing such standards but to allow for flexibility,
and alternative ways to meet the intent of the code to yield
high quality design, architectural detail, and visual interest
without negative impacts to the subject site or surrounding
properties.
b. Applicability. This application shall be
applicable to any requested deviation from specific build -to
line requirements of the Mixed -Use Urban Building and
Site Regulations (Table 3 -4), Urban Commercial District
Overlay Zone (Table 3 -26), or any of -a community design
standard of Chapter 4 of these Land Development
Regulations. The requested appeal shall be processed
concurrent with a site plan unless otherwise determined by
the Director of Planning and Zoning or designee.
C. Rules...
2. Submittal Requirements...
3. Review Criteria...
4. Approval Process...
5. Expiration...
C. Height Exception...
D. Variance to Land Development Regulations...
E. Waiver (Ocean Avenue Overlay Zone)...
Section 5. Permit Applications...
Section 6. Historic Preservation Applications. .
A. Certificate of Appropriateness.
1. General.
a. Purpose and Intent. The purpose and intent of this
subsection is to set forth a uniformed procedure, well -
defined application process, and information to guide in the
review of Certificate of Appropriateness submittals.
b. Applicability. The Board or staff shall review
actions affecting the exterior of Properties and all
Resources, including non - contributing Properties, within
342 of 520
Districts. Utilizing the Design Guidelines Handbook, the
Board reviews applications for Certificates of
Appropriateness for alterations, new construction,
demolitions, relocations affecting proposed or designated
Properties or Properties within Historic Districts.
C. Terms and Definitions. See Chapter 1, Article
11 for definitions and terms associated with historic
preservation.
d. Review Authority. The required level of review
shall be depicted in a "Historic Resources Preservation
Board Certificate of Appropriateness Approval Matrix"
(the "Matrix "). The Matrix will contain a list of design
features, such as roofing materials, window types, shutter
types, etc. The Matrix will indicate whether such features
may be administratively reviewed or if Board review is
required. The Board shall approve or amend the "Historic
Resources Preservation Board Certificate of
Appropriateness Approval Matrix" as needed.
If staff does not grant administrative Mpproval of an
application, the application may be referred to the Board
for review. Any applicant may request referral to the
Board rather than administrative review. An application
referred by staff or an applicant will be considered in
accordance with the application review schedule contained
in Section 2.b. below.
2. Submittal Requirements.
a. Application and Fees. Requests for
Certificates of Appropriateness shall be made only on
application forms approved by the Board. Submittal of the
application must be made with the appropriate site plans,
drawings, photographs, descriptions, and other
documentation needed to provide staff and the Board with a
clear understanding of the proposed action. Application
fees and other applicable charges shall be established by
resolution adopted by the City Commission.
b. Completeness Review and Board Agenda. Staff
shall review all applications for Certificates of
Appropriateness to determine whether an application is
complete. If the application is incomplete, staff will notify
the applicant of what additional information is necessary_
An application will not be reviewed until staff determines
that it is complete.
343 of 520
All Certificates of Appropriateness applications eligible for
administrative review will be reviewed in a timely manner
and a written decision sent to the applicant. All Certificate
of Appropriateness applications requiring Board review
will be scheduled for hearing by the Board at the first
available meeting approximately six (6) weeks after receipt
of the completed application. The meeting shall be
publicly announced and will have a previously advertised
agenda. The Board may suspend action on the application
for a period not to exceed thirty days in order to seek
technical advice from outside its members or to meet
further with the applicant to revise or modify the
application.
3. Review Criteria. See Chapter 4, Article IX, Section
6.D. for the review criteria applicable to the Certificate of
Appropriateness.
4. Approval Process.
a. Decisions. Decisions regarding application for
Certificates of Appropriateness shall be based on the
application, the application's compliance with this
Ordinance, and the evidence and testimony presented in
connection with the application.
Any conditions or requirements imposed shall be related to
the Certificate of Appropriateness sought by the applicant.
If conditions or requirements are imposed as a condition of
approval, the Board may direct staff to review the amended
plans and approve the COA if all conditions or
requirements have been addressed.
b. Notice of Decision on Application. Staff shall
notify the applicant in writing of any decision on the
application within five (5) working days from the date of
the decision.
5. Certificate of Economic Hardship. Prior to taking an
appeal of a decision to the City Commission on an application for
Certificate of Appropriateness, an applicant may file a request in
writing for a Certificate of Economic Hardship. Utilizing
information supplied by the applicant, the Board reviews requests
for Certificates of Economic Hardship to determine if a decision
regarding a Certificate of Appropriateness application has caused
or will cause an economic hardship.
a. Application. A request for a Certificate of
Economic Hardship must be submitted in writing within 30
days of the date of the hearing at which the Board's
344 of 520
decision on the Certificate of Appropriateness application
is announced.
b. Board Agenda and Notice. The Board shall
schedule a public hearing within 60 working days from the
receipt of the application and shall provide notice of such
hearing in the same manner as for the Certificate of
Appropriateness application.
C. Negotiations Prior to Certificate of Economic
Hardship Hearing. During the period between receipt of
the Certificate of Economic Hardship application and the
Board's public hearing, the applicant shall discuss the
proposed action with staff, other City officials and local
preservation organizations to consider alternatives that will
avoid an economic hardship and have the least adverse
effect to the Property and /or the District. Staff may request
information from various City departments and other
agencies in order to negotiate an alternative resolution that
is in the best interest of the applicant and the City. If
negotiations are successful, staff shall make written
recommendations to the Board regarding such alternatives.
d. Determination of Economic Hardship. The
applicant has the burden of proving by competent
substantial evidence that the Board's decision regarding the
Certificate of Appropriateness application has caused or
will cause an economic hardship. To determine economic
hardship, the applicant shall submit the following with the
request for a Certificate of Economic Hardship
(1) Proposed construction, alteration,
demolition and removal costs,
(2) Structural and condition reports from a
licensed professional with experience in assessing
historic buildinus:
(3) Estimates as to the economic feasibility of
rehabilitation or reuse:
(4) The purchase price of the property, details of
annual debt service or mortgage payments, recent
appraisals, assessments, and real estate taxes,
(5) Details of any income obtained from the
property and cash flows for the previous two (2)
years,
(6) The status of any leases or rentals, and
345 of 520
(7) Details of any listings of the property for
sale or rent for the previous two (2) years.
The applicant may submit or the Board may request
any further additional information relevant to the
determination of economic hardship.
The effect of denial of the application for Certificate
of Economic Hardship is that the decision regarding
the Certificate of Appropriateness is upheld. If the
application for Certificate of Economic Hardship is
granted, the Board may issue the Certificate of
Economic Hardship without conditions.
Alternatively, the Board may issue the Certificate
with conditions that will avoid the economic
hardship and have the least adverse effect to the
Property and the District.
Such conditions may include, but are not limited to:
ad valorem tax relief, loans or grants, requiring the
owner to market and offer the Property for sale for a
fair market price with appropriate preservation
protections for a period of time not to exceed six (6)
months, acquisition by a third party for a fair market
value, Building and Zoning Code modifications,
relaxation of the provisions of this ordinance,
recommendation by the City Manager some or all of
the applicable Board fees be waived, or such other
relief as appropriate.
6. Appeal of Certificate of Appropriateness and
Certificate of Economic Hardship Decisions. Any applicant
may appeal a decision of the Board to the City Commission
regarding an application for Certificate of Appropriateness and /or
an application for Certificate of Economic Hardship. The
applicant shall file a written notice of the appeal with staff within
30 days of the date of the hearing at which the Board's decision on
the application is announced. The City Commission shall place the
matter on the Commission's agenda within 45 working days from
the date of the written notice of appeal. The meeting at which the
appeal is placed on the agenda shall be no later than 60 working
days from the date of the written notice of appeal.
Consideration of the appeal by the City Commission shall be de
novo review. The City Commission shall be required to apply the
applicable standards and criteria set forth in this ordinance.
346 of 520
A decision of the City Commission may be appealed to a court of
competent jurisdiction within thirty (30) days after the hearing at
which the decision is announced.
B. Historic District or Properties Designation.
1. General.
a. Purpose and Intent. The purpose and intent of this
subsection is to set forth a uniformed procedure, well -
defined application process, and information when
designating a district as "historic" as defined in these Land
Development Regulations.
b. Applicability. This application shall be applicable
to all improved property that meets the criteria of Chapter
4, Article IX, Section 6.C. Applications for historic
designation may be initiated by only the following:
(1) Historic Resources Preservation Board,
herein referred to as "Board" (see Chapter 1, Article
VII, Section 4).
Citv Commission.
(3) A property owner for designation of a Site.
(4) A simple majority of property owners within
the proposed District under consideration for
designation.
For District designations, each Property shall be
allotted one (1) vote. The identity of the property
owners shall be determined by the most current
Palm Beach County Tax Rolls.
Only the Board or the City Commission may initiate
designation of a property or district owned by the City
County, State or by an entity created by state law.
C. Terms and Definitions. See Chapter 1, Article
11 for definitions and terms associated with historic
preservation.
2. Submittal Requirements. Nominations for historic
designations shall be made only on application forms approved by
the Board.
3. Review Criteria. See Chapter 4, Article IX, Section
6.C. for the review criteria applicable to designating a district as
347 of 520
historic.
4. Approval Process.
a. Board Agenda. Following staff determination
that an application for designation is complete, the
application shall be scheduled for a public hearing by the
Board.
b. Board Public Hearing Notice. The Board
shall advertise and hold a public hearing in accordance with
the following public noticing requirements:
(1) For the proposed designation of an
individual site, the applicant, at least ten (10)
calendar days brior to the date set for the bublic
hearing, shall:
(a) Mail a notice of the time, place and
subject matter of the public hearing to any
owner of abutting or adjacent property as
determined by the Historic Preservation
Planner.
(b) Post one (1) sign for each street
frontage of the property in a prominent
location.
(2) For the proposed designation of a historic
district, the applicant(s), at least ten (10) calendar
days prior to the date set for the public hearing,
shall:
(a) Mail a notice of the time, place and
subject matter of the hearing to any owner of
real property within 400 feet of district
subject to potential designation,
(b) Post signs in prominent locations
along public streets at the outer boundaries
of the proposed district in such a manner as
will assure that the signs will be seen by as
many affected property owners as possible
Signs shall be legible from a distance of 100 feet and shall
contain a description of the approval being sought, the date,
time and location of the hearing, and a statement that the
application being considered is available for inspection in
the Development Department of the City of Boynton
Beach. Minimum sign size shall be 24" wide by 18" high.
348 of 520
C. No Action Permitted During Pendency. During
the period that a designation application is pending, no
changes to the property or district shall be made unless first
approved by the Board. The application is considered
"pending" until the final decision on the designation is
made by the City Commission.
d. Board Recommendations. The Board shall make
a recommendation as to the proposed designation at the
public hearing, based on findings of fact which support the
recommendation. The Board's recommendation shall be
reduced to writing within 15 working days after the hearing
date. If the Board votes to recommend approval, it will
forward the application with recommendations to the City
Commission. If the Board recommends denial, no further
action is required unless an applicant, or not less than two -
thirds of the affected property owners (in the case of a
District), appeals to the City Commission. In such event
the City Commission may reconsider designation or require
the Board to do so.
e. City Commission Decision. Following the Board
hearing, a designation application with a Board
recommendation for approval shall be scheduled for
hearing by the City Commission. The City Commission
may approve or deny the designation application.
Alternatively, the City Commission may approve the
designation with conditions or delay designation for up to
one (1) year. The City commission shall make written
findings of fact on which its decision is based.
c Boynton Beach Register of Historic Places.
A Resource designated by the City Commission as
historic shall be listed in the Boynton Beach Register of
Historic Places. The Register shall be updated periodically
and the inventory material will be open to the public.
Inventory materials shall be compatible with the Florida
Master Site File and duplicates of all inventory materials
will be provided to the State Historic Preservation Office.
Resources listed in, or eligible for listing in the National
Register or on the Boynton Beach Register of Historic
Places, either as a Property or as a Contributing Property
within a District, may be entitled to modified enforcement
of the City's applicable building and zoning codes, if in
accord with the Design Guidelines Handbook.
g. Designation Recorded. The historic
designation ordinance shall be recorded in the Official
Records of Palm Beach County. Boundaries for historic
349 of 520
districts and individual properties identified in the
ordinance shall be clearly established. The designation
shall be noted in the official records of the City's Planning
& Zoning and Building Departments to ensure that all City
actions taken in connection with the subject property or
district are taken subject to the designation.
h. Historic District Street Signs. For Districts,
the City shall erect standardized street signs identifying the
District within two (2) years from the date of such
designation, subject to economic feasibility. The design
shall be first approved by the Board.
C. Historic Preservation Property Tax Exemption Application.
1. General.
a. Purpose and Intent. The purpose and intent of this
subsection is to set forth a uniformed procedure, well -
defined application process, and information to guide in the
review of Historic Preservation Property Tax Exemption
submittals.
b. Applicability. This application shall be applicable
to all improved property that meets the criteria of Chapter
4, Article IX, Section 6.E.
C. Terms and Definitions. See Chapter 1, Article
11 for definitions and terms associated with historic
preservation.
2. Submittal Requirements. See Chapter 4, Article IX,
Section 6.E for the submittal requirements of this application.
3. Review Criteria. See Chapter 4, Article IX, Section
6.E. for the review criteria applicable to the Historic Preservation
Property Tax Exemption.
4. Approval Process. An application for historic
designation shall be conducted in accordance with the procedures
set forth in Chapter 4, Article IX, Section 6.E.
Section 7. Other Applications.
A. Certificate of Conformity...
B. Lot Line Modification...
C. Mobile Vendor Approval...
D. Modification to Development Order...
E. Sidewalk Cafe Approval...
F. Wireless Communication Facilities (WCF)...
350 of 520
G. Zoning Verification...
PART III (LDR), CHAPTER 2, ARTICLE IV BUILDING DIVISION SERVICES
Section 1. General...
Section 2. Building Permit.
A.
General...
B.
Submittal Requirements...
C.
Review Criteria...
D.
Approval Process...
E.
State of Florida Fees...
F. Miscellaneous.
1. Revocation of Permits...
2. Certificate of Occupancy. No building or structure
hereafter erected or structurally altered shall be issued a certificate
of occupancy until the Building Official makes a finding that the
building or structure has been erected or structurally altered in
conformance with the provisions of this ordinance, and of all other
applicable ordinances. Upon the issuance of a certificate of
occupancy, an improved site must be maintained in compliance
with the approved site plan.
Part III (LDR), Chapter 3, Article III ZONING DISTRICT AND OVERLAY ZONES
Section 1. Overview.
A. General...
B. Residential Building and Site Regulations (Table 3 -1).
See next page
351 of 520
1 . The setback reduction provisions shall not supersede my wtbacks that are recorded on a plat and shall not be toed in conjimction with the setback reductions allowed
Administrative Adj tistments.
2. An admimstrati � ve adjustment to reduce a setback imy be gamed if any first floor nation follovis the building line of a legally non - conforming single structure,
or a building line pfe%iously approved by ILI var
3. Existing and , orptannedsingie family homes shall conform to the R -1 district requiremetit.s. Duplex honkies shall coaformlothe R-2 district requirements.
4. 'tklefe orientation of adjacent lots on both street frontages prT, t cal fi yard setback the coniff lot shalt pfo=ride for font yard setbacks along both streets.
'sklen two (2) front yard setbacks are presided for on corner lot, no rear vgfd back setback shatl be requited, only side vaid setbacks shalt be imposed.
5. Nlimauum required perimeter setbacks, of an IPUD of PUD are flexible except where adjacent to single-flanlily residential zoning. sMiefe adjacent to single - fancily zoning:
required perimeter setbacks shall resemble the setbacks of the adjacent development based upon the orientation of structures with said development. Also, perimeter
buildings, shall have an increased setback- of one (1) additional foot for every foot of building height in excess of 30 feet. Project desig along, abutting, roadway(s),
including setbacks. shall be based on existing development patterns or applicable recommendation Eom the respective development plan.
6. A Floor Area Ratio (FAR) may be considered for non - residential uses allowed within this zonini
g district (se-- "Use Matrix" - Chapter 3, Article AT. Section 1.) and
pursuant to the applicable Futirre Land Use classification of the Compiehensive Plan.
Not 1c exceed two ( stoiies.
S. Not to exceed four (4) stoiies. See Note 5 for additional setback requirements relative to building height.
9. A lesser building height may be r equired for c cuipatibility %vith adj acent development. See N ote iif. for additiama I setback requirements relative to b uilding height .
10. ItAsidual lots within an IPUD or PUD development contain flexible standar relative to minimum te*ed lot frontage and lot area for each luu't.
11. The inimmum lot area shall be 7.500 square feet and the minimuna side yard shall be 21 `': feet for properties developed and or platted prior to Jun 1 3. 1975
12. A total of 1 -00 square feet of usable open space shall be required for each dwelling unit (
,aha see Cliaptet 4. Article III, Section I
13. - ilk inaxitnuin allowable density is determined b-, the applicable Fvnife Land Use classification of the Cornpreliensi,:e Plan.
14. Perimeter building setbacks of the Mobile home Park district shall rnirter the building setbacks of adj acent zoning, district(s) but witta a ininlimuni ofthe setback required
for a single -fame l� residence.
15. :Multi-fhrylily d%411ings and Ciroup Eonies require 4,000 square feet. All other uses allowed in R; require 211.000 square feet.
C. Non-Residential Building and Site Regulations (Table 3-2)...
D. Mixed-Use Suburban Building and Site Regulations (Table 3-
3)...
352 of 520
P-1
AB
R-1
AA
R-1
A
R-1
R-2
Duplex
R-3
Multi
JPL7 D
PUD
%fHPD
Density (dwelling units per acre)
5
.5
6
T 5
10
Flexible`
Flexible`
3
Flexible'
3
Fie — able'
3
Project Area, Allininurin (acres)
:'A
N1
NA
N'A.
__N1 iA
NA
I to 5
10—
Lot per unit, NEnimuca (square feet):
9,000
8,000`
7JO0
6,000
4,500
4,0005
Flexible
Flexible'
c
—
4-MO
Lot Frontage, 1hatimurn (feet):
90
.1
60
60
100
Flexible
Flexible
c
N'A
LkirtgAj ea, Alinimurn AIC (square feet)::
1300
1,600
1,400
1200
750
750
- 50
N'A
Lot Coi erage, Umurum:
4
45'
45N
50%
44 6
40%
50? 6
N;A
NA
Floor-Area-Ratio (TAR) for Non-
Residential, Maximum
N'A
N1
NA
N('A.
0.1a
N,A
O.?C"
NA
N'A
Structure Height, NLaximuni (feet):
30
30
30
31)
45'
4
45'
M
Building Setbacks- NEnimurn (feet).
Flout
25
25
2
40
Flexible`'
Flexible'
20
hitenorside
10
loll
5
10
'0
Flexible`'
Flexible'
5
Corlier si
=5
2�'
?5
2
40
Flexible`'
Flexible'
10
Rear;
2,0
20'
204
20'
2
40
Fledble`'
Flexible'
10
Special rear vird setbac k reduc bons
for I-stirs- building additions abirrtina�
Mammurn Percentage of Reduction:
I-95 or railroad tracks
50%
50%
50%
50%
INE A
N,A
NIA
NA
N'A
Intracoastal Waterway JCIW%' :
50%
5Tb
50%
5Tb
N"'A.
NA
N A
NA
NA
Lake:
50
A%
50%
A%
N A
NA
NIA
NA
NA
Golfcourse
50%
5Tb
50%
50 b
N"'A.
NA
N A
Nix
NA
Canalw. der tL-m 1 � 0 feet
K%
50N
DO%
50?'.
_N"A
N,A
NIA
NA
MAL
Canal rlamwef tharl 150 feet
33%
3$%
N, A
NIA
NA
MAL
Coturnexcial 1 iudusttial:
50
50
5[1
5Tb
'NA
NA
NIA
NA
NA
Public ! Private pak:
50
_0
1 50%
1 •0%
1 'Nti
NA
NIA
NP A
NA
Perimeter wall abutting non-
residential:
50%
50
I
50%
50
_N"A
NA
NA
NA
I
NA
Adjuinistrath e Adjustment
Maximum Perceutage of Reduction (to standard yard setback):
Frout vai
20c'.
313.'a
20%
3 0%
IN" A
NA
NA
NA
NA
Side vaf&
20%
X A
20%
20%
'NA
NA
NIA
NA
NA
Rear yard:
25N
25N
25°6
25%
X A
NA
Nik
NPA
NA
General Note
1,2
1,2
1,2
1,2
3
3
12
1 . The setback reduction provisions shall not supersede my wtbacks that are recorded on a plat and shall not be toed in conjimction with the setback reductions allowed
Administrative Adj tistments.
2. An admimstrati � ve adjustment to reduce a setback imy be gamed if any first floor nation follovis the building line of a legally non - conforming single structure,
or a building line pfe%iously approved by ILI var
3. Existing and , orptannedsingie family homes shall conform to the R -1 district requiremetit.s. Duplex honkies shall coaformlothe R-2 district requirements.
4. 'tklefe orientation of adjacent lots on both street frontages prT, t cal fi yard setback the coniff lot shalt pfo=ride for font yard setbacks along both streets.
'sklen two (2) front yard setbacks are presided for on corner lot, no rear vgfd back setback shatl be requited, only side vaid setbacks shalt be imposed.
5. Nlimauum required perimeter setbacks, of an IPUD of PUD are flexible except where adjacent to single-flanlily residential zoning. sMiefe adjacent to single - fancily zoning:
required perimeter setbacks shall resemble the setbacks of the adjacent development based upon the orientation of structures with said development. Also, perimeter
buildings, shall have an increased setback- of one (1) additional foot for every foot of building height in excess of 30 feet. Project desig along, abutting, roadway(s),
including setbacks. shall be based on existing development patterns or applicable recommendation Eom the respective development plan.
6. A Floor Area Ratio (FAR) may be considered for non - residential uses allowed within this zonini
g district (se-- "Use Matrix" - Chapter 3, Article AT. Section 1.) and
pursuant to the applicable Futirre Land Use classification of the Compiehensive Plan.
Not 1c exceed two ( stoiies.
S. Not to exceed four (4) stoiies. See Note 5 for additional setback requirements relative to building height.
9. A lesser building height may be r equired for c cuipatibility %vith adj acent development. See N ote iif. for additiama I setback requirements relative to b uilding height .
10. ItAsidual lots within an IPUD or PUD development contain flexible standar relative to minimum te*ed lot frontage and lot area for each luu't.
11. The inimmum lot area shall be 7.500 square feet and the minimuna side yard shall be 21 `': feet for properties developed and or platted prior to Jun 1 3. 1975
12. A total of 1 -00 square feet of usable open space shall be required for each dwelling unit (
,aha see Cliaptet 4. Article III, Section I
13. - ilk inaxitnuin allowable density is determined b-, the applicable Fvnife Land Use classification of the Cornpreliensi,:e Plan.
14. Perimeter building setbacks of the Mobile home Park district shall rnirter the building setbacks of adj acent zoning, district(s) but witta a ininlimuni ofthe setback required
for a single -fame l� residence.
15. :Multi-fhrylily d%411ings and Ciroup Eonies require 4,000 square feet. All other uses allowed in R; require 211.000 square feet.
C. Non-Residential Building and Site Regulations (Table 3-2)...
D. Mixed-Use Suburban Building and Site Regulations (Table 3-
3)...
352 of 520
SUBURBAN MLXED-USE (SWT)
DISTRICT
B zi Ild Ing "" Sj -re R, of? i la rio 2s
Resid,endal Sinrgle-
Family (Attached, or
Detached)
1,11'al'ti-Family
Othex U-ses (includes
wNlixed-Use;
Density it elfin unit- per ac re) '
�o
7G,
1 ,;.44
Project Area. _Minimu=
SINIU district - l() acres
Lot.Area per unit, Minfinum (zquaxe feet):
Flexible"
Flexible"
I "o, C Co
Lot Frontage, Nfinimurn (feet) :
Flexible"
IOG
11,10
Lhing Area,'%Imimum A, (square feet)-
1,? , 0 3
I h is
7jCr,
Floor Area Ratio (FAR), NI aximum:
N"A'
N';' A.
] .o
Strwture Height, XIin m imu (feet:
5"
3-1 S -3,
Structure Height, Maximum (feet):
IC
W
Build-to-line (f"t):
Front:
101
1 <
lo` a,,,
Building Setbacks, Minimum Jeeo:
Side:
15 corner I 1 0 end
I 'Y
of 14
Rear:
Flexible"
1 fi
Fle He� 14
Ubl
sae Gpen Space,11inimum (rquaxe feer):
. 1 13
2 G'��
2 0
1. Minimum project size. A mininium often '10) acres shall, be required for any project developed tinder the provisions
of the SMU regulations
2. Hotels must be part of a mixed-use project of at le ast three '3) acres in size.
3. Porches may be placed forward of the build :o line and shall maintain a mininimn 2-foot setback from any public
sideivalk. Porclres shall be placed outside of clear sight triangle. Minimum setbacl for a garage facing, or accessing
ng
the street is 2' C) Where feet. heie less than _ Feet. Earage acces required from side or rear.
4. Projecting Fearure(s,*!. such as awmirEs. balconies porches and,or stoops maybe placed Forward of the om line and
shall, maintain, a minimmu 2 -foot satb ask from, any public sidewalk.
,5. Front yard build-to line alGn-, maj or arterial roads, a. mr, Gf 90 feet ilIC11.1li Of F. 25400t landscape buffer.
6. The Height Setback Etiva lope in, accordance with Section, 4.D. 3 below sha .� apply where adjacent to deve:ope_-d, srugle
family residential zoning distrirct
one or mere pro - iecqnE fa=ue(s) zxv.h as awnings. b alconie s. colonnades, porches and stoops require-d, forward of
the build :o hire and, shall maintain a minimum 5-fom clearance from any vehicle use area. Elements proJecting over
a pedestrian wall way shall , allow a nrininium 9-foot vertical, clearance and 54,oct hcrizonial, pedestLian, clearance.
S. Excluding r esidentia l g resi .1 mes and parking stnicnrre s
9. Applies to any fagade ivitli arterial, roadway Frontage. lAultipletory baih3i:ng, are encGinaged along arterial.
roadways. The intent of this prov n to create the appearance, or simulate the intensity of. a minimum two '21 -.
story building. Conditional use approval required iFless than, the 35 foot mimmum.
10. Building heights between ,55 feet and 75 feet to the peak of the structure or any aychitectural, details max be allowed
Only for interior builaings "those building, sep3rated From the property line by another project building, or asel, if
approved as a conditional use The building "' structure height measurement shall be conducted in accordance with
Section, 4.D.2 below. Exceptions to the maximum height shall not be allowed.
11. Usable open space shall Provide apt I L or passuve recreational space and thall not be occupied by water boches,
streets,, drives, park areas or structures other than recreational, structures.
1?. At least 5V of the required usable Open space For single-family residentLal uses shall be contained in one or more
common pooled areas and a rectangle inscribed within, each common, pooled area shall ha - e no dimension less than
"5 feet.
13. Up to 5 of the usable Open, sp ac e required for " Airlti-family" and "Other rise may be haxasc ape-d, plazas and
publir-, gathering places.
14. To be determined on a ca se by case b asis, depending on the overall project design.
15. Acce nory apartments ratut be at leas
a t 750 square feet in area (air—conditioned space'.
E. Mixed-Use Urban Building Site and Site Regulations (Table 3-
4).
353 of 520
MIXED USE, URBAN
MU -Ll
MU -L2
MU -L3
MU -H
Lot Area, Minimum (acres):
Public park:
N/A
N/A
N/A
N/A
All other uses:
0.50
0.75
1
1
Lot Frontage, Minimum (feet):
100'
100
150'
200
Structure Height, Minimum
( feet):
30
30
30
30
Classification of project frontage
on type of roadway:
Maximum Building / Structure Height (HT), Density (DU), and Floor- Area -Ratio (FAR):
HT
DU
FAR
IT 1,5
DU
FAR
IT 1,5
DU
FAR
H1,5,6
DU
FAR
Arterial:
45
20
1.0
65/
1003
30/40
2.0/2.5
75/
1003
40
3.0/
3.5
1501
125
80
4.0
Collector:
45
20
1.0
65
30/40
2.0/2.5
75
40
3.0/3.5
125
80
4.0
Local collector:
45
1 20
1.0
45
1 30/40
1 2.0/2.5 J
55
1 40
1 3.0
55
60
3.5
Locar:
45
20
1.0
IL
45
30/40
2.0/2.5
45
20
1.0
45
1 20
1 1.0
Bufldk4g-Fetbaehss Build -to -line
( feet)":
Front abutting a public right -of -way
0' - 1 .
O,o te4e
O io t e
O ,o 10 c
Rear:
0 10
0 10
0 10
0 10
Interior side:
Building Setbacks, Minimum
(feet #:
Rear abutting -
0
0
0
0
Residential single family:
25'/ 0'
25'
25'
25'
Intracoastal waterway:
25
25
0 9
0 9
n„ ,.a „�o�.
-
44�
- �4�
44�
Side abutting
Residential single family:
25'/ 0'
25'
25'
25'
n n ,..�. „�o�.
-
44�
- �4�
44�
Usable Open Space, Minimum
(square feet):
2 '
1. May be reduced if frontage extends from right -of -way to right -of -way line.
2. Minimum of 50 feet, if frontage is on a collector /local collector roadway.
3. For property abutting the MU -H district located west of US 1, the area of increases in height, density and FAR shall extend a distance of 100 feet from
the MU -H zoning district line and shall require conditional use approval. For properties abutting the MU -H district located east of US 1, the area of
increase for height shall extend a distance of 100 feet from the MU -H zoning district line and shall require conditional use approval; however, no
increases in density and FAR are allowed. Must also have principal frontage on Arterial roadway.
4. Must also have frontage on local collector or higher roadway classification.
5. Maximum height on any street frontage is 40 feet. Maximum height on Intracoastal Waterway is 35 feet. Heights may require reduction where
adjacent to a single - family zoning district where necessary to achieve the compatibility requirements of these regulations.
6. Maximum height reduced to 125 feet for the entire project where property abuts any MU -L or residential zoning district not separated by a right -of-
way.
7. Plus one additional foot for each foot of height over 35 feet.
8. Where there is an intervening right -of -way of at least 40 feet.
9. Subject to permitting agency approval.
10. Buildings and structures shall be located no
farther than zero (0) feet from the Provertv line, excluding those instances where strict adherence hereto would cause visual obstructions to vehicular
traffic. Particularly within the triangular- shaved area of Provertv formed by the intersection of two (2) rights- of -way. See Section 5.C.2 below for
additional relief provisions from build -to line requirements.
11. Listed eligible Historic structures are not required to meet these standards.
12. The ultimate setback is also a factor of height and application of the Skv Exposure Plane in accordance with Section 5.C.3 below.
13. Usable open space shall be required for all developments two (2) acres in size or larger. A minimum of two percent (2 %) of the site shall be devoted
to usable open space, consisting of plazas or public open space, excluding private recreation. See Chapter 4, Article lll, Section 8 for additional
regulations.
.
0
us abl e
rogo
Section 2. Residential Districts.
354 of 520
A. R -1 -AAB
DISTRICT...
B. R -1 -AA
DISTRICT...
C. R -1 -A.
DISTRICT...
SINGLE - FAMILY
SINGLE - FAMILY
SINGLE - FAMILY
RESIDENTIAL
RESIDENTIAL
RESIDENTIAL
D. R -1 SINGLE - FAMILY RESIDENTIAL DISTRICT...
E. R -2 SINGLE AND TWO - FAMILY RESIDENTIAL
DISTRICT...
F. R -3 MULTI - FAMILY RESIDENTIAL DISTRICT...
G. IPUD INFILL PLANNED UNIT DEVELOPMENT
DISTRICT.
1. General...
2. Use(s) Allowed...
3. Building and Site Regulations (Table 3- 11)...
4. Review and Approval Process...
5. Parking...
6. Modifications...
7. Miscellaneous.
a...
b. See Chapter 4, Article III, Section 4 -34 for
additienal community design standards regarding required
site design in instances where the subject IPUD project is
adjacent to single - family residential zoning districts.
c...
d...
e...
f...
g...
b...
Section 3. Commercial Districts...
Section 4. SMU MIXED -USE SUBURBAN DISTRICT.
A. General...
B. Use(s) Allowed...
C. Additional Use Regulations...
D. Building and Site Regulations.
1. Building and Site Regulation (Table 3 -20).
355 of 520
SUBURBAN MLXED-USE (SWT)
DISTRICT
B zi Ild Ing "" Sj -re R, of? i la rio.�2 s
Resid,ential Sinrgle-
Family (Attached, or
Detached)
I'I"LIl'ti-F=iIV
other Uses (includes
3 Nlixed-Use;
Density (dwelling unit- per acre]
�o
7G,
N,;A
Project Area. -Minimu=
SINIU district - llfi acres
Lot.Area per unit, Minimum $a maze feet):
Flexible"
Flexible"
I "o, C' 0
Lot FrGntage, Nfinimuin (feet) :
Flexible"
Ion?
11,10
Lhing Area,'%finimum A, (square feet)-
:,2G0
I o rs
7j0l'
Floor Area Ratio (FAR), NI aximum:
Nl ".
N';'A
1.0
Strurture Heiglit,'Minimum (feet:
5"
3-1 S
Structure Height, Maximum ffeet):
IC
W
Build-to-line (feet);
Front:
101
10 < 6
lo s a,,,
Building Setbacks, Minimum (feed -.
Side:
15 corner I 1 0 end
I 'Y
of 14
Rear:
Flexible"
Jfi
Flexible� 14
U sable Open Space,11inimum (a
squre feer):
. 1 13
2 G'��
2 0
1. minnuirm. project Size. A mininsun of ten (10) acres shall be required for any project developed Linder the provisions
c F the Slvlu rezulat:ion S'.
I Hotels n3,u:t be pail of 'a mixed-use project of at least three (3 acres in size.
3. Porches may be placed for-Lvaird, of the build -to line and shall maintain a mininitim. 2-fdat front any public
S,ide'L%,alk. Parities shall be placed outside o clear sight triangle. Ifininanin setbsck for a. Z7.nige facing ng or accessin
the stieet is, 20 feet. 'Xhere less than 20 fe garage access i from side or rear.
4. PYcj ectin- FE=rre(s) such as awiungs. balcotues , porches and stoops ura-ybe placed For of the build-to line and
=hall, maintain, a Trininium. 2-Foot setback from any public sidevvalk.
5. Front yard build-to line alou.- maj or arterial roads, a TuaminaLim of 9G feet inclusive of a 25-foot landscape butfer.
& The Height Setback En iv. acsordairce with Section, 4.D3 belo'tx shall apply where adjacent to 4ievelope-d, sinele
family residential zoning districts.
One or more prc_jecqnz feature(s) Such as a9 nings. balconies, colormades., porches aird stoops required, fonvatci of
the build- line and, Shall maintain a irrininium 5-foot clearance from any .v ehicle Lisp- area. Elernents projecting over
a pedestrian walkway shall allotv a mLnimunl 9-foot vertical, clearairce and 5 -foot hmizoirtal, pedestrian, clearance.
S. Excluding residential uses and parkin structure:;.
9, Applies to any fa, ads with Firterial, roadway frontage. lfirltiple:tor buildings are encouraged along arterial,
Foadi-va•s. The intent of this pro" ision is to create the appearance. or snunlate the intensitv of. ti minimum two '2
story budding. Conditional use appro-cal required if less than the 3 fact mirrimum.
1G. Building heights between 55 feet and 75 feet to the peak of the structure or any architectuyal, details may be allowed
only for interior buildings (those buildings separated Fi"orn the property line by another project building or rase:,, if
approved as a conditional use. The building "' Structure height ureasureanent shall be conducted in, accordance with
Section, 4.D.2 below. Exceptions to the maxim UM height --hall not be allo
11. Usabla open space shall pro -rLde 3cti-re or passire recreatianal space and shall not be occ by water bodies,
streets dii,ves, pars; ing areas, or atnicturas other than i:ecreational,=�:tl
12. At least 50�' oftLe required usable open :,pace for sinf—le-family re=sidential uses shall be contained in rune or niore
common pooled areas and rectangle inscribed either Each common, pooled area shall hm no diErrension less than
75 feet.
13. Up to 5F'c. of the usable open, spade requited for and `Other Uses" may be laird aped, plazas, and
publi,- gathering places.
14. To be determined ona case by case basis, depending on, the overall, project dasiZn.
15. Accessory apaitmems must be at least 750 square feet in, area (air-conditioned space
2. Building Height Measurement
3. Height Setback Envelope
E. Review and Approval Process
F. Parking. Required off-street parking is regulated in accordance
with Chapter 4, Article V Minimum Off-Street Parking Requirements.
356 of 520
See Chapter 4, Article III, Section 6.F.4 for additional community design
standards pertaining to off - street parking.
G. Modifications...
H. Miscellaneous...
Section 5. Mixed -Use (Urban) Districts...
A. General...
B. Use(s) Allowed...
C. Building and Site Regulations.
357 of 520
MIXED USE, URBAN
MU -Ll
MU -L2
MU -L3
MU -H
Lot Area, Minimum (acres):
Public park:
N/A
N/A
N/A
N/A
All other uses:
0.50
0.75
1
1
Lot Frontage, Minimum (feet):
100'
100
150'
200
Structure Height, Minimum
(feet):
30
30
30
30
Classification of project frontage
on type of roadway:
Maximum Building / Structure Height (HT), Density (DU), and Floor- Area -Ratio (FAR):
IiT
DU
FAR
HT
DU
FAR
HT
DU
FAR
HT 6
DU
FAR
Arterial:
45
20
1.0
65/
1003
30/40
2.0/2.5
75/
1003
40
3.0/
3.5
1501
125
80
4.0
Collector:
45
20
1.0
65
30/40
2.0/2.5
75
40
3.0/3.5
125
80
4.0
Local collector:
45
1 20
1 1.0
45
30/40
1 2.0/2.5
1 55
1 40
3.0
55
60
3.5
Loca1
45
20
1.0
45
30/40
2.0/2.5
45
20
1.0
45
20
1.0
Uililding-Fetbaeks Build -to -line
(feet) ":
Front abutting a public right -of -way
0100 1 a
00 to -4
00 t e
00 10 c
Rear:
0 10
0 10
0 10
0 10
Interior side:
Building Setbacks, Minimum
( feet )L':
Rear abutting' —
0
0
0
0
Residential single family:
25'/ 0'
25'
25'
25'
Intracoastal waterway:
25
25
0
0
n n , 4Wr 11 ses.
Side abutting' —
Residential single family:
25'/ 0 "'
25'
25'
25'
n n ,..�. „�o�.
-
44�
4
Usable Open Space, Minimum
(square feet):
2 '
1. Building and Site Regulation (Table 3 -21).
1. May be reduced if frontage ex fromrie- of- way to right- of-way line.
2. Mintinum of 50 feet. if frontage is on a colletctor collector roadway.
3. For ptopetty abutting the NfLt -H district located west of US 1„ the area of increases in heigrt. density and FAR shall extend a distance of
100 feet from the NT' -H zoning district line and shall requite conditional use approval. For properties abutting the N4U -H district located
east of US L due area of inctease for height shall extend a distance of 100 feet ft the Po- U -H zoning district line and shall requ s-e
conditiocial use ap however, no increases ita density and FAR are allowed. Must also have, principal frontage on Artetial roadi ay.
. Must also Lvve fizirtage on local collector or higher road ,gay classification.
5. Mamk --min height on any street frontage is 40 feet. Maaxinmirt height on Intracoastal vatemav is 35 feet. Heights may tegrire reduction
where adjacent to a single- farnily zoning district 1xhere necessary to achieve the compatibility requirements of these regulations,..
b. Maxim um height reduced to 125 feet for the entire project v= here propem abuts any NEU -L x residential zcniug district net separated by a
rig it -of -way.
7. Ptm otie additional foot for each foot of height over 25 feet.
S . 'Where [here is air intervening right -of -way of at least 40 feet.
p. Subject to permitting agency approval.
10.. Buildinp and stnictrurses shall be
located no farther than zero (0) feet from the property line., excluding those instmces where strict adherence hereto would cause %isual
obstruct errs to 4°el:Lular traffic, particrihtrly within the trrangulu- shaped area of M -Reity formed t the intersection of nvo (2y rights -o#-
way. See Sectim 5.x'.2 below for additional relief proirisions frombuild -to lme LtMureraents.
11.. fisted eligible Historic structures are not required to meet these standards.
17.. The ultiruiate setback is also a factor of height aand aimlication of the Sh- I wosure Plane in accordance with Section 5.C..-; below.
13., Usable open space sluaill be re hired for all de�Tlgpi Bits o o acres in size cr lames A trunitluuna of two orcent L2N/ of flue site shall
be devoted to usable open space, consisting of plazas or public open Wage, excluding ari *. ate tecreatioru See C1uapter 4., Ailicle lifI, Section.
S for additional re -,iilatio.
._.. i WIAW
1 A ^._P- i..;._
358 of 520
2. Minor and Maior Variations to Build -to Line
Requirements. Notwithstanding the required build -
to line requirement of Note 910 above, portions of
buildings and structures may be constructed in excess of
the distance specified in the above table, but not to exceed
15 feet in order to 1) optimize landscape design, 2)
maximize on -site drainage solutions, 3) accommodate
architectural features and building enhancements, or 4) to
otherwise enhance public spaces such as sidewalks, plazas,
fountains, or outdoor seating areas in order to further the
purpose and intent of the Overlay Zone. Major deviations
from the build -to line requirement above (in excess of 15
feet) may be allowed, but only with sufficient justification
and contingent upon the approval of a Community Design
Appeal application (see Chapter 2, Article II, Section 4.B).
3. -2- Sky Exposure Plane...
D. Review and Approval Process...
E. Parking.
1. General Requirements...
2. Reduced Parking Requirements in MU -H district...
3. Off - Street Parking Facilities. The Mixed Use
(Urban) districts contain additional standards relative to location
and appearance of off - street parking facilities. Refer to Chapter 4,
Article III, Section 6_F 3-G for these additional development
standards.
F. Miscellaneous.
1. Access...
2. Building Location. See Chapter 4, Article III, Section 6
.
3. Location of Dumpsters and Trash Receptacles...
4. Shade and Shelter. See Chapter 4, Article III, Section 6
.
5. Sidewalks in MU -H District. See Chapter 4, Article
III, Section 6 for community design standards related to sidewalks
N ITTT c o,.4 ,,,, P
6. Landscape and Streetscape Design...
359 of 520
Section 6. Industrial Districts.
A. M -1 INDUSTRIAL DISTRICT.
1. General...
2. Use(s) Allowed...
3. Building and Site Regulations (Table 3 -22).
BUILDING / SITE REGULATIONS
M -1 District
Minimum lot area:
10,000 s.f. -
Minimum lot frontage:
0 feet
Minimum yard setbacks:
Front:
15 feet
Rear:
20 feet
Abutting: Residential district(s)
30 feet
Interior side:
15 feet3 '
Abutting: Residential district(s)
30 feet
Corner side:
15 feet
Maximum lot coverage:
60%
Maximum Floor Area Ratio FAR
0.50 -
Maximum structure height:
45 feed
i A broberty that does not meet this minimum
size shall be considered conforming only if it
contains a whole platted lot and was not in
combination with other lots under the same
ownership at the time of the effective date of this
ordinance (October 2, 2012), in which the
cumulative size would have met the minimum
required by code. Any such undersized lots that are
further subdivided and reduced in size shall be
considered non - conforming pursuant to Chapter 3,
Article V, Section 11.
? } Where rear yard abuts a railroad
right -of -way or any paved alley, the rear yard may
be reduced to 10 feet.
3 -2 Where rear yard abuts a paved alley
or street, then no side setback shall be required.
4 3 A Floor Area Ratio (FAR) up to 0.50
may be considered for industrial uses allowed
within the M -1 district (see "Use Matrix" — Chapter
3, Article IV, Section 3.13), pursuant to the
360 of 520
Industrial Future Land Use classification of the
Comprehensive Plan.
s 4 Not to exceed four (4) stories.
Section 7. Miscellaneous Districts.
Section 8. Overlay Zones
A. URBAN CENTRAL BUSINESS DISTRICT OVERLAY
ZONE...
B. MARTIN LUTHER KING JR. BOULEVARD OVERLAY
ZONE...
C. URBAN COMMERCIAL DISTRICT OVERLAY ZONE.
1. Intent...
2. Objectives...
3. Defined. The Urban Commercial District Overlay Zone
(UCDOZO is established in the city redevelopment plans as the
geographical area defined by the following boundaries:
a. Federal Highway Corridor Community
Redevelopment Plan...
b. The Ocean District Community Redevelopment
Plan...
C. Boynton Beach Boulevard Corridor . The
boundary is the commercially -zoned parcels located along
west Boynton Beach Boulevard, east of Interstate 95, and
west of Seacrest Boulevard.
4. Conflict...
5. Building and Site Regulations (Table 3 -26).
Development within this Overlay Zone shall be in
accordance with building and site regulations applicable to the
underlying zoning district except as follows:
BUILDING SITE REGULATIONS
Urban Commercial District Overlay Zone
Build -to line:
Front (abutting any public right -of -way):
0 ft'
0 ft
Rear:
Interior side:
0 ft
Minimum yard setbacks:
Rear (abutting residential districts
30 feet
Interior side (abutting residential districts
15 feet
Maximum structure hei ht:
ZoninL
361 of 520
Buildings and structures shall be located no farther than
zero (0) feet from the property line, excluding those instances
where strict adherence hereto would cause visual obstructions to
vehicular traffic, particularly within the triangular- shaped area of
property formed by the intersection of two (2) rights -of -way.
Notwithstanding the required build -to line requirement, portions of
buildings and structures may be constructed in excess of the
distance specified above, but not to exceed 15 feet when necessary
to 1) optimize landscape design, 2) maximize on -site drainage
solutions, 3) accommodate architectural features and building
enhancements, and /or 4) to otherwise enhance public spaces such
as sidewalks, plazas, fountains, or outdoor seating areas in order to
further the purpose and intent of the Overlay Zone. Major
deviations from the build -to line requirement above (in excess of
15 feet) may be allowed, but only with sufficient justification and
contingent upon the approval of a Community Design Appeal
application (see Chapter 2, Article 11, Section 43).
Shall be defined by the applicable zoning district.
6. Parking...
7. Miscellaneous.
a. Landscape and Streetscape Design...
b. Building Location.
Section 6 3.14.2
C. Shade and Shelter.
Section 6 3.14.3
See Chapter 4, Article III,
See Chapter 4, Article III,
D. OCEAN AVENUE OVERLAY ZONE (OAOZ)...
1. Purpose and Intent...
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2. Defined...
3. Conflict...
4. Uses Allowed...
5. Building and Site Regulations (Table 3 -27).
Development within this Overlay Zone, including proposed
expansions and additions to existing structures shall be in
accordance with the building and site regulations as follows:
BUILDING / SITE REGULATIONS
Ocean Avenue Overlay Zone
(Single Lot Depth)
Minimum lot area:
5,000 s.f.
Minimum lot frontage:
50 feet
Build -to -line Maximum build to line:
Front:
5 ft— 15 fe
Corner side:
5 ft— 15 fe
Minimum yard setbacks:
Rear:
10 feet
Abutting: Residential district:
20 feee
Interior side:
7.5 feet'
Abutting: Historic structures:
10 feet
Maximum lot coverage:
65%
Maximum structure height:
1 35 feet
(Double Lot Depth)
All new developments with double lot depth shall be
constructed in accordance with the Mixed -Use Low
Intensity (MU -L1) zoning district building and site
regulation Table 3 -21 in Section 5.0 above, except as
contained herein.
See "Single -Lot Depth" above for all proposed
expansions or additions to existing structures.
Maximum structure height:
13 5 feet
6. Accessory Structures...
7. Parking...
8. Landscape and Streetscape Design...
9. Building Design.
10. Signage and Exterior Lighting Standards...
Section 9. Penalties...
PART III (LDR), CHAPTER 3, ARTICLE IV USE REGULATIONS
Section 1. Operational Performance Standards...
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A. Noise. No use shall be carried out in any zoning district so as to
create sound which is in violation of Part 11, Section 15 -8 of the City of
Boynton Beach Code of Ordinances. Any use wherein floorshows or
other forms of entertainment consisting of one (1) or more persons,
amplified or non - amplified sound, are provided indoors or outdoors,
including but not limited to entertainment provided by a disc iockey (DJ),
master of ceremonies (MC), karaoke, or the like shall be subiect to the
Live Entertainment Permit reauirement of Part 11 (City Code of
Ordinances), Chapter 13, Article IV, Section 13 -80.
Section 2. Hazardous / Toxic Waste and Substances...
Section 3. Use Regulations...
Section 4. Conditional Uses.
A. Applicability...
B. Definition...
C. Standards for Evaluating Conditional Uses. In
evaluating an application for conditional use, the Board and Commission
shall consider the effect of the proposed use on the general health, safety,
and welfare of the community and make written findings certifying that
satisfactory provisions has been made concerning all of the following
standards, where applicable:
1...
2...
3...
4...
5...
6...
7...
8...
9...
10...
11. Where applicable, the proposed use furthers the purpose
and intent of a corresponding mixed use zoning district or
redevelopment plan; and
12. Compliance with, and abatement of nuisances and hazards
in accordance with the Operational Performance Standards as
indicated in Chapter 3, Article IV, Section 1 and the Noise Control
Ordinance, Part II, Chapter 15, Section 15.8 of the Boynton Beach
Code of Ordinances_
A sound impact analysis shall be required for new or expanding
bar, nightclub or similar uses when involving property within 300
feet of a residential district. The analysis shall include mitigating
solutions that would reduce or eliminate any potential for off -site
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nuisance conditions. Depending on the size of the proposed use,
the distances to and level of compatibility with adiacent land uses,
the sound analysis may be required to include information,
diagrams and sketches indicating the types and locations of
proposed sound emitting equipment, speaker orientations,
maximum output, building or site design intended to mitigate
sound impacts, and any operational standards including an
affidavit documenting maximum sound limits to be maintained
based on the findings of the analysis.
A live entertainment permit shall be required 4 for a bar /nightclub
use pursuant to the requirements of
4 n Chapter 3, Article IV, Section l.a, and Part 11 (Code of
Ordinances)_ Chapter 13. Article IV. Section 13 -80.
PART III (LDR), CHAPTER 3, ARTICLE V SUPPLEMENTAL REGULATIONS
Section 1. General...
Section 2. Walls and Fences.
Walls and fences are allowed in all zoning districts within all required yards and
shall be regulated as follows:
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A. Location and Height...
B. Cross - Visibility and Safe Sight...
C. Design. Walls and fences shall be symmetrical in
appearance with columns and posts conforming to a definite pattern and
size of uniform design and separation. The wall or fence shall be kept in
good repair and be continuously maintained in its original appearance. All
walls and fences shall be erected with the finished side facing adjacent
properties. The face of any fence or wall visible to the public shall also be
finished.
l af,s
-J C_ +
am
The exterior surface of a wall shall be finished with paint, stucco, or other
commonly accepted material. See Chapter 4, Article III, Section 3.E for
additional standards regarding the appearance of walls and fences.
D.
Dangerous Materials...
E.
Attachments...
F.
Construction Sites...
G.
Easements...
H. Buffer Walls...
L Low Voltage Security Fencing...
Section 3. Common Building Appurtenances, Freestanding Structures,
and Site Amenities, Excluding Walls and Fences.
A. Building Appurtenances...
B. Decks, Patios, Steps, Stoops, and Terraces ( Unenclosed and
Uncovered). Unless otherwise regulated by a master plan or site plan for
a planned development, unenclosed and uncovered decks, patios, steps,
stoops, and terraces less than or equal to one (I) -foot in height shall be
setback at least two (2) feet from any property line. Those with heights
between greater than one (1) foot but less than or equal to three (3)
feet shall be setback at least three (3) feet from any property line. In both
instances, they shall be maintained and drained so as to prevent nuisance
conditions to the public and /or abutting property owners. Decks, patios,
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steps, stoops, and terraces greater than three (3) feet in height shall comply
with the minimum setbacks required for the principal building. Driveways
for residential off - street parking areas shall be regulated in accordance
with Chapter 4, Article V, Section 2.B.
C. Screened -Roof Enclosures...
D. Swimming Pools and Spas...
Section 4.
Sale of Used Merchandise...
Section 5.
Exterior Display of Merchandise...
Section 6.
Special Sales Event...
Section 7.
Seasonal Sales Event...
Section 8.
Permanent Exterior Storage of Merchandise and Equipment.
A. Purpose and Intent...
B. Districts...
C. Site Plan Required...
D. Type of Merchandise / Equipment. The permanent
exterior storage of retail merchandise or equipment is allowed, provided
that said merchandise / equipment is owned by the operator of the
respective business occupying the establishment, and is of the same type
of merchandise or equipment typically sold or stored within the principal
building. No exterior storage of building or construction materials shall be
allowed anywhere, except for that which is stored in connection with a
lawfully operating business (e.g., CONTRACTOR) as provided for in
Chapter 3, Article IV, Section 3.
E. On -Site Location...
F. Size...
G. Screening...
Section 9.
Sidewalk Cafes...
Section 10.
Mobile Vendor Regulations...
Section 11.
Nonconforming Regulations.
A. Lots and Parcels.
1. R -1 district, R -1A district, R -2 district, and R -3
district..
2. R -2 district...
3. R -1AA district...
4. R -1AAB district...
5. Densities...
6. Minimum Development Regulations.
Nonconforming lots which may be developed without
requiring the a pproval of a variance, and which lie in residential
districts, shall meet the minimum property development
regulations that are generally applicable in the district; except,
however, that the minimum setbacks shall be as follows:
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7. Nonresidential Districts.
a. Generally. In nonresidential districts, additional
floor area and / or expansions to nonconforming buildings
and structures are allowed, provided that the development
meets all district setbacks. In nonresidential zoning
districts, excluding M -1 Light Industrial, if both the lot area
and lot frontage are not less than 85% of that required for
the particular district, then structures and floor area may be
added and the use may be changed from a residential to a
nonresidential use on a nonconforming lot, without
requiring the approval of a variance for the lot area or lot
frontage. If either the lot area or lot frontage is less than
85% of that required for the particular district, then
a pproval of a variance would be &4a4 be required in order
to add structures or add floor area to existing buildings or
to change the use from a residential to a nonresidential use.
Improvements which do not add structures or floor area or
change the use of the property shall be permitted,
regardless of lot size or frontage. For nonconforming lots
which are vacant or are proposed to be cleared and
redeveloped, a pproval of a variance shall be required prior
to the construction of any structures or establishment of any
use on the lot or parcel.
b. M -1 District. A property that does not meet the
minimum lot size required by Chapter 3, Article III,
Section 6.A.3 shall be considered conforming only if it
contained a whole platted lot prior to the effective date of
this ordinance (October 2, 2012), and was not in
combination with other in which the cumulative size would
have met the minimum required by code.
C. Landscaping. All developed or redeveloped lots zoned M-
1 or C -4 and determined to be valid nonconforming lots relative to
minimum lot area standards shall provide landscaping on -site that
meets the intent of the urban landscape code to the maximum
extent feasible (see Chapter 4. Article 11. Section 4.13).
B. Buildings and Structures....
PART III (LDR), CHAPTER 4, ARTICLE I ENVIRONMENTAL PROTECTION
STANDARDS
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ARTICLE I ENVIRONMENTAL PROTECTION STANDARDS
Section 1. General...
Section 2.
City Approval Required...
Section 3.
Preservation Principals...
Section 4.
Standards...
A. General...
B. Preservation Efforts...
C. Mitigation of Existing Trees (Table 4 -1 Mitigation of Existing
Trees).All existing trees that are not preserved in place or relocated on-
site shall be mitigated in connection with a land development permit. The
equivalent replacement for existing trees shall be based on caliper
dimension or tube of tree as indicated in the table below:
1 Large palm trees are those species, such as Florida Royal, Canary
Island Date, or any other palm species determined by staff to provide
similar or greater shading compared to a canopy tree.
2 The cumulative caliper inches of existing trees to be removed shall
be replaced on -site with an equal or greater number of caliper inches of a
replacement canopy tree or trees.
A cluster of three (3) small or medium size balm trees shall be the
equivalent replacement of one (1) canopy tree up to a size of 24 caliper
inches. One additional cluster of palm trees shall be required for each
increment of four (4) caliper inches (the common mathematical rule of
rounding shall be used when tabulating partial increments). For canopy
trees having a trunk size equal to or greater than 24 caliper inches, no
more than 50% of the caliber inches of the replaced canobv tree shall be
substituted with palm species
PART III (LDR), CHAPTER 4, ARTICLE II LANDSCAPE DESIGN AND BUFFERING
STANDARDS
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Tvpe of Replacement Tree
Type of Existing
Canopy Tree
Canopy Tree
Laralm
Small &
Tree
(< 24" Caliper)
(> 24" Caliper)
Tree
Medium Size
Palm Trees
Canopy Tree
1 tree 2
1 tree 2
2 trees
3 trees 3
< 24" Caliper
Canopy Tree
1 tree 2
1 tree 2
4 trees
3 trees 3
> 24" Caliper)
Lar a Palm Tree
1 tree
1 tree
1 tree
3 trees
Small & Medium
1 tree
1 tree
1 tree
1 tree
Size Palm Trees
1 Large palm trees are those species, such as Florida Royal, Canary
Island Date, or any other palm species determined by staff to provide
similar or greater shading compared to a canopy tree.
2 The cumulative caliper inches of existing trees to be removed shall
be replaced on -site with an equal or greater number of caliper inches of a
replacement canopy tree or trees.
A cluster of three (3) small or medium size balm trees shall be the
equivalent replacement of one (1) canopy tree up to a size of 24 caliper
inches. One additional cluster of palm trees shall be required for each
increment of four (4) caliper inches (the common mathematical rule of
rounding shall be used when tabulating partial increments). For canopy
trees having a trunk size equal to or greater than 24 caliper inches, no
more than 50% of the caliber inches of the replaced canobv tree shall be
substituted with palm species
PART III (LDR), CHAPTER 4, ARTICLE II LANDSCAPE DESIGN AND BUFFERING
STANDARDS
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ARTICLE II LANDSCAPE DESIGN AND BUFFERING STANDARDS
Section 1.
General...
Section 2.
City Approval Required...
Section 3.
Landscape Design Principles...
Section 4. Standards.
A. City -Wide Standards. The following standards shall apply
to all properties in the City, except for those exempted in Section 1.E of
this article:
1. Native and Drought Tolerant Species...
2. Prohibited Species....
3. Plant Material...
a. Trees...
(1) Signature Tree...
(2) Species. The minimum number of
different species of trees provided shall be as
follows:
(i) Table 4 - -� Tree Species...
(ii) Signature trees...
(iii) Small and medium palm
species, in a cluster of three (3) trees with
varying heights, shall represent the
equivalent of one (1) canopy tree or large
palm tree. For the purposes of this
subsection, large palm trees are those
species, such as Florida Royal, Canary
Island Date, or any other palm species
determined by staff that has the same
visual /shading effect as that of a canopy
tree.
(iv) No more than 50% of required trees
on a lot within commercial or mixed -use
zoning districts shall be comprised of palm
spe cies.
b.
Shrubs and Hedges...
C.
Vines...
d.
Lawn...
4. Existing Plant Material...
5. Water Source...
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6. Irrigation...
7. Installation...
8. Mulch (Non - living Plantings)...
9. Upland Buffer / Littoral Plantings...
10. Landscaping within Easements...
11. Landscaping within Rights -of- Way...
12. Landscaping within Off - Street Parking Lots...
a.
Required Landscaping...
b.
Tree Size and Type...
C.
Large Islands...
d.
Small Islands...
e.
Plantings...
f.
Cross Visibility...
g.
Lighting...
h. Entrances/Exits. Design emphasis shall be
given to the entrances and exits to parking areas through
the use of landscaping unless otherwise determined by staff
to be contrary to the design objectives and principles of this
article and /or Chapter 4, Article III.
13. Maintenance...
14. Cross - Visibility and Safe - Sight...
15. Raised Planters...
16. Maximum Height of Hedges...
17. Soils...
18. Pesticides...
19. Crime Prevention Through Environmental Design
(OPTED)...
20. Non - Conforming Lots. All developed or redeveloped
lots zoned M -1 or C -4 and determined to be valid nonconforming
lots relative to minimum lot area standards shall provide
landscaping on -site that meets the intent of the urban landscape
code of Section 4.B below to the maximum extent feasible.
B. Urban Landscape Code.
1. General.
a. Applicability. The "urban landscape code"
shall apply to all properties currently zoned Central
Business District (CBD), any properties located within the
Mixed Use (urban) districts (see Chapter 3, Article I11,
Section 5), the Infill Planned Unit Development (IPUD)
district (see Chapter 3, Article III, Section 2.G.), or any
commercially -zoned properties located within the Urban
Commercial District Overlay Zone (see Chapter 3, Article
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III, Section 8). All developed or redeveloped lots zoned M-
1 or C -4 and determined to be valid nonconforming lots
relative to minimum lot area standards shall provide
landscaping on -site that meets the intent of the urban
landscape code to the maximum extent feasible.
b. General Rules...
2. Landscape Strip Abutting Rights -of- Way...
3. Perimeter Landscape Buffers.
a. General...
b. Performance Standards...
C. Design Standards. Perimeter landscape buffers
shall be applied and designed as follows:
(1) Table 4 - -2. Urban Landscape Buffer
(Type 1).
(2) Table 4 - -3. Urban Landscape Buffer
(Type 2).
(3) Table 4- 5 4. Urban Landscape Barrier.
(4) Notes...
d. Exceptions (Cross Access)...
e. Along Florida East Coast Railroad...
f. Miscellaneous...
4. Interior Open Space. See usable open space
requirements of the Infill Planned Unit Development (IPUD)
zoning district in Chapter 3, Article III, Section 2.G ^ ^ i e 41
c tar # i A44 � 7�
tea
5. Streetscape Design...
C. Suburban Landscape Code.
1. General...
2. Landscape Strip Abutting Rights -of- Way...
3. Perimeter Landscape Buffers.
a. General...
b. Standards. Perimeter landscape buffers shall be
applied and designed as follows:
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(1) Table 4 - 4.
Suburban Landscape Buffer
(Type 1).
(2) Table 4 - §.
Suburban Landscape Buffer
(Type 2).
(3) Table 4 - -7.
Suburban Landscape Buffer
(Type 3).
(4) Table 4 -9 .9.
Suburban Landscape Barrier
(5) Notes...
C. Exceptions (Cross Access)...
d. Along Florida East Coast Railroad... .
e. Miscellaneous...
4. Interior Open Space...
a. Multi- family and Planned Developments...
b. SMU Suburban Mixed Use District. See
usable open space requirements of the Suburban Mixed Use
(SMU) district in Chapter 3, Article III, Section 4 Chapter-
4 n l ! e U c
�,�rF�rcar, r1e6tieir�-$
C. PID Planned Industrial District...
Section 5. Alternate Compliance.
A. General...
1. Purpose and Intent...
2. Administration...
3. Applicability...
4. Nonconforming Lots. All develobed or redevelobed
lots zoned M -1 or C -4 and determined to be valid nonconforming
lots relative to minimum lot area standards shall provide
landscaping on -site that meets the intent of the urban landscape
code of Section 4.B above to the maximum extent feasible. An
Alternative Landscape Plan (ALP) may be utilized to consider
spatial limitations, limited visibility by the general public, and use
characteristics of the subi ect and adi acent properties. Landscape
design should emphasize canopy trees along the perimeter of the
site with hedge and groundcover plantings only required between
the building and any street right -of -way. However, lots with a side
corner yard abutting an improved right -of -way and those abutting
residentially zoned property will be required to screen off - street
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parking and storage areas with understory plantings in addition to
the canopy trees (the need for understory plantings may be
eliminated if adequate buffering is achieved with an enhanced
buffer wall, or where a wall would limit access and prevent proper
maintenance of landscaping materials). On lots abutting the
Florida East Coast (FEC) Railroad right -of -way, landscaping in
accordance with the provisions of Chapter 4, Article II, Section
4.B.3.c shall be provided. Where deficiencies occur due to site
constraints, other methods of landscaping (e.g., landscape cut -outs,
planter pots, hanging baskets, etc.) may also be incorporated into
the design to achieve site buffering as intended by City standards.
B. Alternative Landscape Plan (ALP)...
Section 6. Community Design.
A. General.
1. Purpose and Intent...
2. Administration...
3. Applicability...
4. Relief from Standards. Any deviation from these
landscape standards shall require a Community Design
Appeal (CDPA), which is subject to review and approval by the
City Commission. A request for a CDPA shall be reviewed in
accordance with Chapter 2, Article 11, Section 4.13.
B. Foundation Landscaping Areas...
C. Plazas. Plazas shall contain paved, open, and landscaped
areas. At least one (1) tree shall be planted for each 900 square feet of
plaza area. Shade trees shall be planted within the plaza area or along the
periphery. See Chapter 4, Article III, Section 7 34 for additional
regulations regarding plazas and open space.
D. Drive - through Facilities. Pursuant to Chapter 4, Article III,
Section 3.J , drive - through facilities
shall not be allowed on any building facade that directly faces a public or
private right -of -way. Landscape material may be used to provide
additional screening to ensure that said facilities, located on eligible
building facades, are not visible from abutting properties or rights -of -way
(pubic and private). This landscape screen shall consist of trees, shrubs, a
berm, or a combination thereof, necessary to achieve the desired buffering
effect.
E. Service Areas...
F. Mechanical Equipment. If feasible, all above ground
mechanical equipment such as exterior utility boxes, meters, and
transformers shall be visually screened. Back -flow preventers shall be
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painted to match the principal structure. See Chapter 4, Article III,
Section 3.I A-4 for additional regulations regarding the screening of
mechanical equipment.
G. Dumpster Enclosure...
H. Lift Stations...
I. Base of Signs...
J. Landscape Standards for Specific Uses...
Section 7. Penalties....
PART III (LDR), CHAPTER 4, ARTICLE III EXTERIOR BUILDING AND SITE
DESIGN STANDARDS
ARTICLE III. EXTERIOR BUILDING AND SITE DESIGN STANDARDS
Section 1. General.
A. Purpose and Intent. The purpose and intent of this article
is to provide important community design standards to ensure that the site
layout, design, building orientation, materials, and appearance of new
development or redevelopment promotes an exterior design pattern that is
functional, practical, equitable, creative, of an aesthetic quality, and
furthers the objectives of this section and design principles of Section 2.
Through enforcement of this article, the local appointed and elected
officials shall determine the basic aesthetic character to be achieved in the
development of the community. The specific objectives of this article are
as follows:
1. Sense of Place. Create a sense of permanence and
place by promoting development which respects and contributes to
the positive image of the city as a whole;
2. Focal Points. Establish visual interest through
landmarks or focal points near major intersections, points of
interest, activity nodes, and / or prominent gateways to the City;
3. Versatility. Allow for buildings to be adaptively
reused without the need for extensive remodeling or demolition, by
designing them according to classic architectural styles and
principles, as opposed to unique corporate themes, images,
marketing strategies, or "disposable" prototypes;
4. Desirability. Sustain the comfort, health, tranquility, and
contentment of residents and attract new residents by contributing
to a desirable built environment;
5. Property Value. Minimize incompatible surroundings
and visual blight which prevent orderly community development
and reduce community property values;
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6. Amenities. Encourage and promote development with
amenities and various types of structures that provide comfort,
recreation, aesthetics, and protection from the elements.
7. Sense of Community. Foster civic pride and
community spirit by maximizing the positive contribution of
development to community attractions, gathering places, and
streetscape.
8. Sustainability. To promote sustainable or "green"
building practices that conserve energy, water and other natural
resources, preserve local and global environmental quality,
strengthen the local economy, promote human health and safety,
create higher quality enduring structures, and offer cost reductions
in maintenance, solid waste disposal, and energy.
B. Administration. The Director of Planning and Zoning shall
have the authority to interpret and administer this article.
C. Applicability. The provisions of this article shall apply to
all new construction, major modifications to existing sites in connection
with site plan review (Chapter 2, Article II, Section 2.1 and minor
modifications to building or sight elements that are regulated by this
article, excluding those buildings and site improvements exempted in
Section 1.D below.
D. Exemptions. The following building and site
improvements shall be exempt from the standards of this article:
1. Interior renovations to existing buildings and structures;
2. Construction of a single - family or duplex dwelling unit on
an individually platted lot within single- family or two - family
residential districts; and
3. Buildings exempt from local building permits or
government review pursuant to State of Florida or Federal Statutes.
E. Terms and Definitions. See Chapter 1, Article II for all
applicable terms and definitions which pertain to the regulations and
standards contained herein.
F. Rules. The regulations and provisions of this article shall be
interpreted to represent the minimum requirements adopted for the
protection and promotion of the public health, safety, comfort,
convenience, order, appearance, prosperity, or general welfare.
G. Conflict. Whenever the regulations and requirements of this
code conflict with any other lawfully enacted and adopted rules,
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regulations, ordinances, or laws, the most restrictive shall apply, unless
otherwise stated herein.
H. Relief from Standards. Any deviation from the exterior
building and site design standards contained herein requires the approval
of a Community Design Appeal application, which is subject to review
and approval by the City Commission. All applications shall be reviewed
in accordance with Chapter 2, Article II, Section 4.B.
Section 2. Design Principles.
This article is intended to promote imagination, innovation, and variety by
focusing on design principles and encouraging creative solutions which serve the
following purposes:
A. Efficiency and Safety. The design and layout of the
proposed development, as well as all new and existing buildings should
provide an efficient arrangement of land uses. Particular attention should
be given to safety, crime prevention, relationship to the surrounding
neighborhood, impact on abutting and adjacent properties, pedestrian sight
lines and view corridors.
B. Compatibility. Buildings, structures and site elements are
not required to match surrounding existing developments, but should be in
visual harmony with surrounding developments. Likewise, buildings or
structures located on separate parcels or part of a present or future multi -
building complex, should achieve visual unity of character and design
concepts through the relationship of building style, texture, color,
materials, form, scale, proportion, and location. Additions and expansions
should be designed, sited, and massed in a manner which is sensitive to
and compatible with the existing improvement(s). When a distinct
development or architectural style exists within a surrounding two (2)
block area, consistency or compatibility with that style should be
encouraged.
The proportions and relationships of the various architectural components
of the buildings should be utilized to ensure compatibility with the scale of
other development in the vicinity. The buildings should not detract from
or dominate the surrounding area.
Design of projects should be tailored to the specific site and take into
consideration the protection and enhancement of natural features adjacent
to the site as an element in the overall design.
C. Building Location and Appearance. All buildings and
structures should be located and designed in such a manner as to enhance,
rather than detract from, the overall quality of the site and its immediate
environment.
1. Location.
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a. Buildings should be designed and sited to fully
utilize the site and avoid unusable or inaccessible open
space or parking spaces.
b. Siting and orientation of buildings must consider
the pedestrian and / or vehicular nature of the street on
which it is located.
2. Appearance.
a. All facades of a building that face or are visible
from public or private streets should be designed to be as
attractive in appearance as the front of the building.
Likewise, building facades exposed to internal parking
areas or adjacent residential or commercial properties
should be visually attractive through the use of a
combination of roof design, architectural detail, or recessed
wall lines, and landscaping.
b. Building design of non - residential uses located
within single - family and two - family residential zoning
districts should be consistent with surrounding residential
styles.
3. Human Scale. All building designs should achieve
a sense of human scale through use of insets, balconies, window
projections and other building elements in the design of a structure.
All portions of a project fronting a street or sidewalk should
incorporate an architecturally appropriate amount of transparency
at the first level of commercial and mixed -use developments in
order to achieve pedestrian compatibility and adequate visual
interest.
D. Sustainable Development. All developers are encouraged to
incorporate the applicable provisions of the United States Green Building
Council (USGBC), Florida Green Building Coalition (FGBC) standards,
or better, for green buildings and developments.
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Discouraged
Recommended
Section 3. General Design Standards for Exterior Buildings.
Building design approval shall be based on the use of the structure, its relationship
to the site, and its compatibility with the surrounding natural and built
environment. All buildings, structures, and site improvements required under this
section shall comply with the following community design standards:
A. Architectural Enhancements. Facade articulation adds
architectural interest and variety to the massing of a building and prevents
a plain, monotonous facades. A variety of features must be incorporated
into the design of the buildings to provide sufficient articulation of the
facades. This may be achieved by incorporating the use of vertical and /or
horizontal reveals, stepbacks, modulation, projections, roof detailing, and
three dimensional details between surface planes to create shadow lines
and break up flat surface areas.
A minimum of three (3) of the following architectural enhancements or
other similar treatments shall be integrated into all applicable building
facades to avoid the appearance of a blank wall:
1. Columns or pilasters,
2. Decorative cornices,
3. Horizontal banding,
4. Arches,
5. Decorative vents or louvers:
6. Moldings and trims,
7. Decorative shutters,
8. Bay windows,
9. Faux windows,
10. Art elements, and
11. Canopies, balconies, overhangs, and other horizontal
projections. In addition, multi -story buildings shall incorporate
these design features in conjunction with the architectural
enhancements listed above within this subsection.
B. Exterior Treatment and Finishes. Exterior building
finishes shall be limited to:
1. Brick or brick veneer,
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2. Stone or stone veneer,
3. Stucco, and
4. Split face (accent only), pre- formed, or textured masonry
block.
C. Symbols. Buildings, which are of symbolic design for
reasons of advertising, unless otherwise consistent with the criteria herein,
shall not be allowed.
All permanent outdoor identification features which are intended to call
attention to a proposed development and / or structures shall be designed
and located in such a manner as to be an integral part of the development.
D. Building Paint Color(s).
1. Purpose and Intent. The purpose of this
subparagraph is to enhance the unique architectural environment of
the City by establishing .general standards for the choice of colors
for the exterior surfaces of buildings and structures, including
courtyards accessible to the public.
2. Applicability. The painting of all public and private
development, but not limited to, new buildings, structures,
additions, alterations, roof tiles or roof finishes, and the repainting
of existing buildings and structures. This subparagraph also
includes the reflectance, tinting, and coloration of glass on the
elevations of a building or structure.
3. Standards.
a. A minimum combination of three (3)
complimentary building colors shall be used for each
development. Painted surfaces include the wall, trim, and
accents.
b. Color(s) shall be compatible with the surrounding
area and used to complement the development,
C. Paint color should be used to highlight architectural
forms and details but not to create them. Architectural
murals may be appropriate for a particular building and
may be considered on a case -by -case basis,
d. When a non - residential building contains more than
one (1) storefront, the building colors shall not be different
to distinguish between each storefront, and
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e. Stone or tile surfaces shall not be painted unless
complimentary to the development.
E. Awnings and Canopies. The following design standards shall
be applied to awning and canopies within all districts:
1. Function. Awnings shall be of adequate height and
depth to provide protection to pedestrian from the elements and
used in a manner that accentuates architectural features and
embellishments, and
2. Size. The size of an awning should be proportional to the
scale of the host building and the surrounding streetscape.
3. Appearance and Color.
a. The appearance and color(s) of awnings shall
enhance the overall design of the building and be
compatible with the selected building material(s) and
color(s), and
b. All awnings shall incorporate uniformity in their
design (including valances). Scalloped valances may be
permitted provided that their appearance and color is
compatible with the type and shape of awning being used
as well as with the architecture and materials of the
building.
C. No awnings, valances, or support structures
(including signage attached thereto) shall be internally -
illuminated or backlit.
4. Miscellaneous.
a. Within Right -of -Way. Awnings may extend over a
public sidewalk within a right -of -way. The applicant shall
obtain all necessary approvals and permits for those
canopies or awnings that extend into the public right -of-
way, prior to the issuance of a permit.
b. Maintenance. See Section 11 below for
additional regulations regarding the maintenance of
awnings and canopies.
F. Monotony Restrictions. In order to enhance a desired
character or appearance and to promote a variety of architectural
structures, project may be required to include a diversity of floor plans and
/ or elevations, or a variety of residential housing models and / or
architectural styles, including but not limited to floor plans, elevations,
building scale, building massing, building proportion, architectural trim
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and architectural details, within a development. For example, the City
may require any number of different floor plans of a particular
architectural style within a development, and may require as a condition of
approval that a certain number of lots on either side or on the same side of
the street be constructed with any number of different floor plans or
housing model types. For purposes of this section, "monotonous" means
houses with identical floor plans or elevations.
See Section 10.A.3 below for additional monotony restrictions for wall
and fences.
G. Overhead Doors. Due to the high degree of visibility of
buildings located on Hypoluxo Road, Miner Road, Congress Avenue,
Lawrence Road, Gateway Boulevard, Quantum Lakes Drive, Old Boynton
Road, Knuth Road, Woolbright Road, Boynton Beach Boulevard,
Winchester Park Boulevard, High Ridge Road, Seacrest Boulevard, Golf
Road, Ocean Avenue, Federal Highway, Old Dixie Highway, N.E. 10th
Avenue and S.E. 36th Avenue, which include entrances to the City, the
following exterior design requirements apply:
1. Overhead doors shall not be located on a building facade(s)
visible from any of the above public or private rights -of -way; and
2. Building facades that are visible from any of the roadways
listed above shall be designed in such a manner as to enhance and
disguise the appearance of a warehouse and / or service area.
H. Downspouts. External downspouts shall be enclosed
within the building structure on any building elevation visible from areas
within the property accessible by the public, from adjoining properties
within the same master development (including drive aisles and parking
facilities), and from public rights -of -way. Downspout enclosures shall be
incorporated into the design of the building and be complimentary to
architecture. For example, downspouts may be enclosed in columns or
pilasters if such features are used elsewhere on the building, or are
consistent with the building's architectural style.
L Mechanical Equipment. Lack of or inadequate screening of
mechanical equipment can have negative visual impacts on the City's
streetscape, ambient landscape, or community image. Mechanical
equipment can further negatively impact the surrounding properties
because of the noise that may be produced. Such impacts shall be
minimized through compliance with the following requirements:
1. Rooftop. Rooftops will be treated as part of the
building elevation. Buildings shall have an appropriate and fully
integrated rooftop architectural treatment which substantially
screens all mechanical equipment, stairs, and elevator towers. All
rooftop equipment must be completely screened from view at a
minimum distance of 600 feet. Where feasible, rooftop
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mechanical equipment shall be located within the area of the roof
surface that is farthest away from adjacent residential uses or
residential zoned property_
2. At- Grade. Exterior utility boxes, meters, transformers,
etc. shall be screened from public view either by a buffer wall in
accordance with Chapter 3, Article V, or by a continuous
vegetative buffer as required by Chapter 4, Article II. The intent is
to create an opaque barrier constructed of compatible materials
matching the building in color, or its equivalent in the form of
landscaping, to a height at least equal to the highest point of the
equipment. Structural screening shall be architecturally integrated
into the overall project design and shall be compatible, in terms of
style, construction materials, colors, and finish, with the principal
structure(s). Where feasible, on site mechanical equipment shall
be located as far awav from adiacent residential uses or residential-
zoned property as is feasible.
J. Drive - Through Facilities and / or Walk -up Windows. Walk-
up windows and drive - through facilities shall not be allowed on any
building facade that directly fronts on a public or private right -of -way. On
eligible building facades (sides and / or rear), the following design
standards are required where windows for drive - through facilities are
proposed:
1. The building facade shall have windows that occupy no
less than 25% of the facade and that are located at the pedestrian
level. A maximum of 10% of this 25% may be non - transparent
windows.
2. The building facade shall be modulated and divided into
smaller identifiable bieces to articulate the Mane of the facade.
3. The building facade shall have at least one offset having a
pitched roof.
4. Additional landscaping for the screening of drive - through
facilities is required in accordance with Chapter 4, Article II,
Section 6.D.
Section 4. Design Standards for Multi - family and Non - Residential Uses
Adiacent to Single- Family Residential Zoning Districts.
A. General.
1. Purpose and Intent. These standards are intended
to protect lower intensity land uses from higher intensity land uses
by requiring the higher intensity land uses to be designed and
maintained to reduce impacts upon the lower intensity land uses
through appropriate project orientation, additional setbacks for
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taller structures and recreational facilities, compatible architectural
treatments, and proper location and orientation of signs and lights.
2. Applicability. When a new development, other than
a single- family or two - family dwelling unit abuts or is adjacent to
a single- family residential zoning district due to an intervening
local roadway, the following design standards in Section 4.13
below shall apply:
B. Standards.
1. Generally. All buildings and structures shall be
designed and oriented in a manner ensuring maximum privacy of
adjacent residential uses.
Compatibility shall be evaluated based upon how well the
proposed development fits within the context of the neighborhood
and abutting properties.
Single- family homes located within planned districts, multi - family
homes, mixed -use projects, and all non - residential uses, where
abutting or adjacent to single- family residential zoning, shall be
designed to avoid a reduction in privacy of the abutting or adjacent
properties. This requirement may be achieved through measures,
such as but not limited to, additional landscaping, orientation of
windows and balconies, and layout of units of upper floors.
2. Standards for Planned Residential Districts (IPUD and
PUM Any IPUD or PUD located adjacent to single- family
residential zoning must locate structures of the same unit type or
height. However, if vegetation, screening or other barriers and / or
creative design on the perimeter of an Infill Planned Unit
Development (IPUD) or Planned Unit Development (PUD) district
achieve compatibility with adjacent uses, the city may grant some
relief from the following two requirements:
a. Any IPUD or PUD located adjacent to an existing
single- family residential development(s) must locate
structures of the same unit type or height allowed by the
adjacent zoning district(s), and
b. Additional setbacks are required for structures in
excess of 30 feet in height pursuant to Chapter 3, Article
III, Section 2.
Section 5. Design Standards for Specific Uses in the Use Matrix (Table 3-
28). The following uses, which correspond with the Notes and Restrictions of
Chapter 3. Article IV. Section 3.D. contain sbecial standards related to exterior
building and site design:
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A. Group Home Type 1. For new construction, the facility
shall have building elevations that are residential in character and similar
in appearance to the surrounding neighborhood. They shall not be
institutional in appearance.
B. Auto Dealer, New. Within the MU -L3 and MU -H districts, the
following shall apply: Overhead doors shall not be visible from any major
roadway frontage.
C. Auto Dealer, Used. Within the MU -L3 and MU -H districts, the
following shall apply: Overhead doors shall not be visible from any major
roadway frontage.
D. Gasoline Stations. All Gasoline Stations located on designated
out - parcels to shopping centers, business centers, or other planned
commercial developments shall conform in design to the approved design
plan of the principal center.
E. Automobile Rental. Within the MU -L3 and MU -H
districts, the following shall apply: Overhead doors shall not be visible
from any major roadway frontage. See Section 3.G above for additional
regulations regarding overhead doors.
F. Marina, Including Yacht Club.
1. Architectural integration shall be encouraged through the
choice of building materials, architectural style, extensive use of
windows, and choice of soft, muted colors.
2. All buildings shall incorporate 360° architecture, a variety
of massing and building heights, and stepping roof lines.
3. The use of standardized "corporate" architectural styles
associated with chain -type businesses is prohibited.
4. To contribute to physical compatibility and minimize
impacts on the residential fabric of adjacent neighborhoods,
projects adjacent to residential zoning districts shall be designed
with residential character, unless a superior, non - residential design
can be demonstrated. Residential designs shall include, but not be
limited to, a combination of actual and faux windows, balconies,
porches, awnings and related architectural details. The character
shall either match or compliment established architectural themes
in the vicinity.
5. All building facades shall include a repeating pattern that
shall include no less than three (3) of the following elements: color
change, texture change, material module change, or a change in
plane of at least two (2) feet in depth. At least one of these
elements shall repeat horizontally. All elements shall repeat at
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intervals of no more than 30 feet, either horizontally or vertically,
unless a superior design can be demonstrated at greater intervals.
Recesses and projections shall be from finished grade to roofline,
and be a minimum of 10 feet in width.
6. As an alternative to the required fagade offsets noted above,
decorative and substantive roofline changes, when coupled with
correspondingly aligned fagade material changes, may substitute.
7. A minimum of two different types of building materials
shall be used, with a 70 percent -30 percent ratio. A change in
stucco or use of windows will not count toward meeting this
requirement.
8. Articulation in parapet wall shall be required with a
minimum of five (5) feet for front and side facades, and any fagade
oriented towards a street, and, two and one half (2'/2) feet for rear
facades.
9. Parapet walls shall feature three dimensional cornice
treatments, to provide a finished look from any angle.
Additionally, a parapet return is required with a length equal to or
exceeding the required parapet articulation.
10. All customer entrances to the building shall be the focal
point of design. Architectural elements shall include some
combination of the following improvements: pediments, lintels,
columns, pilasters, porches, balconies, railings, balustrades, and
ornate moldings.
11. On any retail or office building within a marine- oriented or
water dependent project, or any portion of a building devoted to
such use, windows shall be of pedestrian scale, recessed and vision
glass without obstruction.
12. On any retail or office building within a marine- oriented or
water dependent project, on any facade on which a customer
entrance to the building is located, a minimum of 1.6 square foot of
vision glass is required for each one (1) lineal foot of facade..
13. On any retail or office building within a marine- oriented or
water dependent project, on any other facade facing a public street,
a minimum of 0.8 square foot of vision glass is required for each
one (1) foot.
G. Day Care. Within all residential districts, the following
shall apply: Building design shall be consistent with surrounding
residential stvles.
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H. Storage, Self- Service. For all Self- Service Storage facilities
adjacent to or visible from any arterial right -of -way roadway, the
following shall apply:
1. The exterior colors, facades, windows, roof, and building
materials shall be compatible with the character of, or vision for
the surrounding. Self- service Storage facilities shall incorporate
design elements to achieve the effect of office structures.
2. All facades visible from arterial roadways shall provide
variety and interest in the farade(s). These facades shall not
exceed 50 feet in length without visual relief by means of a vertical
reveal at least one (1) foot in depth and 10 feet in width, a
perceptible change in wall angle, or a corner. Other design
attributes shall include, roof slope and materials, windows,
awnings, fencing and other aesthetic elements.
3. Within the SMU, MU -L1, MU -L2, and MU -L3 districts,
the following shall apply: Buildings shall be designed to have
the appearance of a multi -story retail, office, and / or residential
structure through the use of similar windows, shutters, and
appropriate building elements on the upper floors.
Section 6. Design Standards for Development in Urban Areas.
A. General.
1. Purpose and Intent. The location of buildings /structures
and off - street parking areas proposed for a development can
directly impact the aesthetic fabric and quality of life for
surrounding properties and the community as a whole. It is the
purpose of this section to provide design standards that are tailored
to distinct geographic areas of the City to ensure that the location
and appearance of buildings /structures and off - street parking areas
are appropriate with the type, intensity, scale, and location of
redevelopment and new development. The intent of this section is
to promote standards that are functional, practical, equitable, and
creative.
2. Applicability. Unless otherwise specified, these
standards shall apply to new projects and major modifications to
existing developments located in the following:
a. All properties currently zoned:
(1) Central Business District (CBD), or
(2) Any "Mixed -Use (Urban)' district. For the
purpose of this section, Mixed -Use (Urban) districts
shall include the Mixed Use -Low Intensity 1 (MU-
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L1), Mixed Use -Low Intensity 2 (MU -L2), Mixed
Use -Low Intensity 3 (MU -L3), and Mixed Use -
High Intensity (MU -H) district.
b. Any commercially zoned property located:
(1) Along Boynton Beach Boulevard, east of
Interstate 95 and west of the Florida East Coast
(FEC) Railroad right -of -way,
(2) Within the Urban Commercial District
Overlay Zone (UCDOZ), and
(3) Within the Martin Luther King Junior
Boulevard Overlay Zone (MLKBOZ)
B. Building Location Standards. The revitalization of urban
places depends on safety and security, with building /street design having a
symbiotic relationship. The location of a building and its
proximity /interaction with the public realm is paramount when trying to
create urban areas that have a "sense of place" that is consistent with smart
growth principles and neo- traditional planning efforts. Development must
adequately accommodate automobiles, but in ways that respect pedestrians
and the forms of public space and gathering areas.
Each building shall meet the build -to line and reduced setback areas of the
respective zoning district or Overlay Zone, whichever is applicable. The
location of off - street parking areas is strongly discouraged between
buildings and rights -of -way. However, in certain instances, this type of
design may be impractical, and strict adherence may deter incremental
improvements or upgrades to individual properties, which therefore,
perpetuates the blighted conditions of the redevelopment areas. In these
circumstances, deviations from the build -to line and reduced setback area
requirements may be allowed, but only contingent the submittal of a
Community Design Appeal application that satisfactorily addresses the
evaluation criteria and when such application is approved by the City
Commission.
Within mixed -use and non - residential developments, structures proposed
along arterial roadways shall be required to occupy the entire length of the
street frontage, notwithstanding areas set aside for side corner yard
setbacks and driveways needed to access the rear of the property. This
building location requirement along the arterial roadway only applies to
new construction or major site plan modifications to existing
developments. Also see Chapter 4, Article II, Section 4.13.5 for additional
streetscape design requirements.
C. Shade and Shelter Standards. This region's climate requires
shade and shelter amenities in order to accommodate and promote
pedestrian activity. These amenities will provide greater connectivity
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between sites and allow for a more continuous and walkable network of
buildings.
A shaded sidewalk shall be provided alongside at least 50% of all building
frontages adjacent to or facing an arterial or collector roadway or adjacent
off - street parking area. When abutting off - street parking areas, the shaded
sidewalk shall be raised above the level of the parking by way of a defined
edge. Ramps for wheelchairs alongside the building must also be shaded.
Building entrances shall be located under a shade device such as an
awning or portico.
D. Standards for Windows. Windows shall be located at pedestrian
scale.
E. Compatibility Standards. Proposed proiects should
compliment existing or approved adjacent mixed use projects in terms of
height, color, style massing, and materials.
F. Off - Street Parking Area Standards.
1. Types of Off - Street Parking Facilities. The four (4)
types of off - street parking facilities regulated herein are as follows:
Surface parking, understory parking, freestanding parking garages,
and integrated parking garages. They are generally described as
follows:
a. Surface Parking. A parking area where there is
no gross building area below or above the parking stalls,
except for ancillary structures such as shade canopies or
similar structures.
b. Understory Parking Garage. An off - street
parking area located below gross building area. Parking
stalls are typically located on or below ground level.
C. Freestanding Parking Garage. An off - street
parking area located within a structure with two (2) or more
levels, where the parking structure is the principal use of
the building. Freestanding parking garages may include
accessory habitable or non - habitable building areas located
at ground level.
d. Integrated Parking Garage. An off - street parking
area located within a structure with two (2) or more levels,
where the parking structure is the accessory use of the
premises. Integrated parking garages are located within
mixed -use developments and habitable gross building area
is wrapped around the facility on all levels.
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2. Standards for Mixed Use (Urban) Districts and Central
Business District (CBD). This subsection shall be applicable to
all new projects and major modifications to existing developments.
Within "Urban Mixed -Use" districts, off - street parking areas shall
be located to the rear or side of the structure they are intended to
serve and screened from view from public streets, notwithstanding
other provisions of these regulations that require a specific setback
for a garage for a residential dwelling unit. The intent of these
regulations is to emphasize buildings and pedestrian features
within the streetscape and minimize the visual impacts of parking
facilities. Where possible, parking areas should be located to the
rear of a project. Also where possible, access to parking areas
shall be from side streets, in order to minimize driveways and
vehicular / pedestrian conflicts. The following standards shall
apply to all properties located within Urban Mixed -Use districts as
described in Section 6.B.2.a.(2) above:
a. Surface Parking. Within the "Mixed -Use
(Urban)' districts, surface parking should not be visible
from an arterial or collector roadway. Structured parking is
preferred for all mixed -use development.
b. Understory Parking Garage. Understory
parking (on the first floor of a structure) is allowed
throughout all "Mixed -Use (Urban)' districts.
C. Freestanding Parking Garages. Freestanding
parking garages are allowed within the "Mixed -Use
(Urban)' districts provided that they do not have frontage
on any arterial or collector roadway. The height of the
freestanding parking garage may not exceed 75 feet in the
MU -H district.
All parking garages that front on arterial or collector
roadways must be integrated into the development and
designed as provided for in subparagraph "d" below.
d. Integrated Garages. Parking garages that
are incorporated into the same structure as a principal
building, including structures providing parking on lower
floors and habitable space on upper floors are permitted
within every "Mixed -Use (Urban)' district. Habitable floor
area must wrap all upper- levels of the parking structure
where the structure has frontage along a public right -of-
way or is abutting a single- family residential zoning
district. The intent of the integrated garage is to border or
wrap the parking structure with permitted habitable floor
area, such as storefronts, to a minimum depth of 20 feet, so
as to disguise the garage and create continuity in street-
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level activity by maintaining interest for pedestrians and
passing automobile traffic.
The remaining facade(s) of the integrated garage shall be
constructed to appear as habitable floor area and designed
compatible with the architecture of the adjacent structures
within the subject development and abutting properties.
Design elements used to disguise the garage may include
features such as a living trellis (utilizing climbing vines),
planter boxes, tall landscaping, shutters, and / or other
architecturally articulated facade features in order to soften
its impact.
3. Standards for the "Overlay Zones" and Boynton Beach
Boulevard. The purpose and intent of this subsection is to
prevent the placement of off - street parking areas between the front
of the building and the rights -of -way, particularly in areas where
build -to line and reduced setback areas are applicable. Within
redevelopment areas, the location of off - street parking areas is
strongly discouraged between building and rights -of -way.
However, when a project is proposed in such a manner that
building location(s) would deviate from respective build -to line
and reduced setback area requirements, resulting in a design that is
contrary to the purpose and intent of Section 63 above and this
subsection, then that project shall be required to make upgrades to
public realm and streetscape with simple but innovative urban
design enhancements such as additional landscaping,
pergolas /trellis - work/decorative structures, surface improvements
to the pavement across driveways; short walls designed with
benches and /or seating areas, public art, and the like, particularly
in areas along the right -of -way where such deviations occur.
4. Standards for the Suburban Mixed -Use (SMU) District.
a. Understory Garages. Understory parking
(on the first floor of a structure) is allowed throughout the
SMU district.
b. Freestanding Garages. Freestanding parking
garages are not allowed within the SMU district. All
parking structures, excluding understory garages, shall be
designed as an integrated garage as provided for in
subparagraph "c" below.
C. Integrated Garages. Parking garages that are
incorporated into the same structure as a principal building,
including structures providing parking on lower floors and
habitable space on upper floors are permitted within the
SMU district. Habitable floor area must wrap all upper -
levels of the parking structure where the structure has
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frontage along an arterial roadway or is abutting a single -
family residential zoning district. The intent of the
integrated garage is to border or wrap the parking structure
with permitted habitable floor area, such as storefronts, to a
minimum depth of 20 feet, so as to disguise the garage and
create continuity in street -level activity by maintaining
interest for pedestrians and passing automobile traffic.
The remaining farade(s) of the integrated garage shall be
constructed to appear as habitable floor area and designed
compatible with the architecture of the adjacent structures
within the subject development and abutting properties.
Design elements used to disguise the garage may include
features such as a living trellis (utilizing climbing vines),
planter boxes, tall landscaping, shutters, and / or other
architecturally articulated facade features in order to soften
its impact.
5. Miscellaneous Standards.
a. Number of Required Parking Spaces.
Required parking for all uses shall be as set forth by
Chapter 4, Article V, Section 2.
b. Off -Site Parking. Off- street parking spaces
may be allowed off -site but with a maximum distance in
accordance with Chapter 4, Article VI, Section 4.D.2.
C. Interconnectivity. Interconnectivity between
off - street parking areas, including drive aisles and
pedestrian connections shall be planned for and designed in
accordance with Chapter 4, Article VI, Section 4.D.3.
d. Off - Street Parking for Lame Non - Residential
Development Big Box). See Section TJ below for
additional regulations regarding off - street parking lot
locations for lame non - residential (big box) developments.
e. Trash Collection Points.
(1) Screening. See Chapter 4, Article VI,
Section 4.0 for additional regulations regarding the
appropriate location and screening of trash
collection areas.
(2) Landscaping. See Chapter 4, Article 11,
Section 6.G for additional regulations regarding the
landscaping of trash collection areas.
G. Sidewalks. The following regulations shall apply to sidewalks:
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1. "Urban Mixed Use" Districts. The following
regulations shall apply to sidewalks in all Urban Mixed Use zoning
districts as described in Section 6.A.2.a(2) above:
a. Materials. Sidewalks shall, where practical, be
Holland -Stone pavers, red /charcoal color mix 2 by Paver
Systems, Inc., or equal, laid in a 4 S herringbone pattern to
continue the consistent with the current design elements in
place along Federal Highway.
b. Design. Pedestrian circulation should be
carefully planned to prevent pedestrian use of vehicular
ways and parking spaces.
In all cases, pedestrian access shall be provided to public
walkways.
2. Mixed Use -High Intensity (MU -H) District.
Sidewalks constructed along arterial roadways shall be a
minimum of ten (10) feet wide, measured from the back of the
curb.
3. Mixed Use Developments. Sidewalk accents via pavers
or stamped colored concrete shall be utilized in all central
pedestrian ways of mixed -use development areas.
Section 7. Design Standards for Large Non - Residential Development (Big
Box) in Suburban Areas.
A. Purpose and Intent. Large commercial buildings have a
major impact on the aesthetic fabric of a community. The purpose of the
following regulations is to achieve an optimal appearance of those
structures typically called "Big Boxes," which are often large square or
rectangular- shaped buildings with limited architectural enhancements.
These regulations are intended to set minimum design standards for large
buildings to ensure their positive contribution to the City's character and
fabric.
B. Applicability. The following standards are applicable to
any commercial structure in excess of 15,000 square feet, unless stated
otherwise herein, excluding those properties located in urban areas as
described in Section 6 above. The term "commercial," as used in these
regulations, shall also include structures utilized for office uses and those
industrial uses that front on arterial or collector roadways.
C. Facades. All facades visible from abutting properties or
public streets shall be designed and enhanced with architectural features
that provide visual interest at pedestrian levels, reduce the massive
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appearance of the building, and reflect the local character of the
community. These facades shall meet the following objectives:
1. Community integration shall be achieved through the
choice of building materials, architectural style, extensive use of
windows, and multiple complimentary_ paint colors.
2. Building design shall include a mix of massing and
building heights, and varying roof lines on all facades.
3. Architectural styles shall not be used that are tailored to
further "corporate" identity objectives rather than the existing or
planned identity and character of the surrounding community, and
which are inconsistent with these regulations.
4. Architectural elements, excluding complimentary accent
features, shall be integral components of the building fabric and
constructed of durable and substantial quality and not superficially
applied trim.
5. All building facades shall be designed with "repeating
patterns" that include no less than three (3) of the following
elements: color change, texture change, material module change,
or a change in plane (recess or projection), at maximum intervals
of 50 feet. The recess or projection of a change in plane shall be at
least 10 feet in width, two (2) feet in depth, and finished from
grade to the roofline. At least one (1) of the design elements listed
above shall repeat horizontally_
6. Material changes may substitute as an alternative to the
required offsets as noted above where decorative and substantive
roofline changes are coupled with a correspondingly aligned
facade.
7. A minimum of two (2) different types of building materials,
allowed under Section 3 above shall be proportionally used on
required facades. A change in stucco texture or use of windows
and / or awnings will not count toward meeting this requirement.
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D. Roofline.
1. For flat rooflines, vertical articulation in parapet walls shall
be required with a minimum of five (5) feet for front and side
facades, and any facade oriented toward a street, and, two and one
half (2 1 /2) feet for rear facades.
2. A Parapet return is required with a length equal to or
exceeding the required parapet articulation.
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3. Parapet walls shall feature three dimensional cornice
treatment, to provide a finished look from any angle.
4. Articulation in the parapet wall shall coincide with the
horizontal changes within the building, which are required under
Section 7.C.5.
E. Windows.
1. On any facade on which a customer entrance to the
building is located, a minimum of 1.6 square foot of window is
required for each one (1) lineal foot of facade.
2. On any other facade facing a public street, a minimum of
0.8 square foot of window is required for each one (1) foot of
facade.
3. A minimum of 70% of windows on the front or side
facades shall be transparent. The remaining 30% may be opaque,
provided that the following conditions are met:
a. Window construction using opaque glass shall
appear identical to the transparent windows,
b. Opaque windows shall not be superficially attached
to the wall,
C. Opaque windows shall not be perceptibly different
in texture, color, or reflectivity than the glass of the
transparent windows.
4. Architecturally ornate window boxes display
merchandise only, may be substituted for 25% of the required
transparent windows and 100% of the opaque windows. This
design element may also be applied to smaller -sized buildings with
shorter facades and those buildings without traditional front
entrances.
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F. Public Entrances.
1. A minimum of one (1) customer entrance should be
provided on the front facade.
2. All sides of a building that directly face an abutting street,
with no intervening building, should provide a customer entrance.
3. All public entrances to the building shall be the focal point
of the facade through the use of a combination of the following
architectural elements: pediments, lintels, columns, pilasters,
porches, balconies, railings, balustrades, and ornate moldings.
Design features may also include entry recesses / projections or
locating display windows so that they are directly adjacent to the
entrance.
4. Any side of a building with a parking field in excess of
20% of the required parking, and where 50% of that parking is
located farther than 300 feet from a customer entrance, shall be
required to have a customer entrance on that facade. See Section
7.J below for additional parking regulations.
5. A customer entrance proposed for a side facade shall be
located a minimum distance from the corner of the front facade
equal to 25% of the lineal length of the side facade on which it is
to be located. A customer entrance located at the corner of the
building cannot substitute or fulfill the requirement to provide
entrances on both front and side facades.
G. Covered Walkways.
1. Rules.
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a. For the purposes of this subsection only, the "front"
of a building is considered to be the building facade where
a public entrance is proposed. A building that contains
public entrances on two (2) or more facades is said to have
multible "fronts."
b. A building facade that is oriented toward a public
street but does not contain a public entrance is considered
to be a "side corner" facade.
C. A building facade that is neither oriented toward a
public street nor contains a public entrance is considered to
be either the "side" or "rear" facade.
d. A covered walkway is considered to be an
"ARCADE, PEDESTRIAN" as defined in Chapter 1,
Article II.
e. The horizontal extent of a covered walkway shall be
measured upon the entire length of a facade where required.
c Greater preference is placed on the proximity of a
covered walkway to the location of the public entrance.
2. Covered walkways are required along building facades that
contain public entrances or along facades that are oriented towards
public or private streets. The location and horizontal extent of
covered walkways shall be based upon the following types of
building designs:
a. Public entrance(s) on one (1) facade: Covered
walkways are required along at least 70% of the front
facade and at least 30% of the side corner facade. No
covered walkways are required along the side or rear of the
building.
b. Public entrance(s) on two (2) or more facades:
Covered walkways are required along at least 50% of each
facade where a public entrance is proposed. No covered
walkways are required along the side or rear of the
building.
C. Public entrance on corner of building: Covered
walkways are required along a minimum of 50% of each
facade where a corner entrance is proposed. The intent is
to wrap each facade with a covered walkway, commencing
at the corner where the public entrance is proposed.
d. Covered walkways shall have a minimum external
dimension of 10 feet in width. The minimum internal
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dimension shall be seven (7) feet in width, absent of any
obstruction by columns, furniture, and / or other
appurtenances.
H. Landscaping.
1. Foundation landscaping areas for large non - residential (big
box) developments shall be required in accordance with Chapter 4,
Article II, Section 6.B.
2. See Chapter 4, Article II, Section 6.J.4 for additional
regulations regarding the required width of the landscape strip
abutting the right -of -way for large non - residential (big box)
developments.
L Site Amenities. Sculptures, fountains, gardens, pools,
trellises, and benches shall be encouraged within the site design. In
addition, the following standards shall be required for every 50,000 square
feet or fraction thereof of every non - residential (big box) development:
1. Two (2) site amenities shall be required. Site amenities
include but are not limited to bell or clock towers, pergolas, public
seating areas (separate and apart from any outdoor seating
provided for an associated restaurant use), fountains (of at least
eight (8) feet in height and 16 feet diameter), and public art but
only when combined with another amenity. Public art, which is in
fulfillment of the Art in Public Places program, may be utilized to
comply with the pedestrian amenity requirement of this
subparagraph, provided that the public art is located in conjunction
with another qualifying pedestrian amenity_
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2. Pedestrian pathways through off - street parking areas shall
be required in accordance with Section 7.J below.
J. Off - Street Parking Lot Orientation.
1. Parking areas shall provide safe, convenient, and efficient
access. Off - street parking areas shall be distributed around large
buildings in order to shorten the distance to customer entrances,
other buildings, and public sidewalks, as well as to reduce the
overall area and visual blight of the paved surface. No more than
60% of the off - street surface parking area shall be located between
any facade and a public street.
2. Pedestrian pathways shall be required where parking spaces
are located in excess of 400 feet from any customer entrance.
These pedestrian pathways shall be a minimum of ten (10) feet in
width, leading from the farthest parking space to the customer
entrance. These pathways shall incorporate the use of a
combination of decorative pavement, trellises, seating, pergolas,
arbors, gazebos, decorative light fixtures and landscaping.
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3. Where off - street parking areas are screened by outparcel
buildings or is not visible from a public street, a maximum of 75%
of the required parking may be adjacent to a front or side facade
containing a customer entrance.
4. Unique conditions associated with individual sites may
justify the review and approval of alternative site designs that do
not specifically comply with the parking lot orientation standards
of this subsection. A different design proposal may offer superior
results or maximum achievement of the City's objectives. The
above standards may be varied by the City Commission, provided
that the applicant can demonstrate there is an unusual site
configuration and / or unique circumstances, and the alternative
site design clearly meets the intent of these provisions. Alternative
design must consider and address the following objectives:
a. Maximize the proximity of parking spaces to
customer entrances,
b. Reduce visual blight of large expanses of surface
off - street parking areas, and
C. Improve pedestrian connectivity in excess of the
minimum standards.
5. Regulations shall be enforced in zoning districts and
overlay zones where the objective is to discourage or prohibit off -
street parking areas between the building and the rights-of-way.
K. Miscellaneous.
1. Buildings should be configured so they complement
outdoor spaces. Walkways, entrances and gathering areas should
have shading features, such as trees, landscaping, trellis structures,
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projecting canopies, covered walkways, arcades, and /or porticos.
Seating areas and benches should be located in shaded areas that
are close to activity, but that will not block or cause congestion in
circulation or at entrances. Outdoor employee areas should be
integrated into the site design, but should be separated from
general public circulation with screening.
2. Accessory uses, including a Gasoline Station or
Automotive, Minor Repair within large commercial developments
should incorporate the design characteristics and architectural
treatments applied to the larger building. The use of standardized
"corporate" architectural styles associated with chain type
businesses is prohibited. The accessory use should not be the focal
point in the front setback. If the accessory use is located forward
of the larger building, a 25 -foot wide landscape strip shall be
utilized along all property lines abutting the operation, including a
minimum three (3) foot high berm. Additionally, the accessory use
shall be landscaped separately from the remainder of the parking
area by a 10 -foot wide planting strip.
3. See Section 10.B below for additional regulations regarding
the design of transit shelters where abutting or located within large
non - residential (big box) developments.
4. Large commercial buildings in excess of 75,000 square feet
should be structurally designed to be easily divided into smaller
tenant spaces in planning for future adaptive re -use purposes.
Section 8. Open Space and Plaza Requirements.
A. General.
1. Purpose and Intent. Open air and semi - enclosed public
gathering spaces can act as central organizing elements in a large
development. They can also contribute to the relationship between
different land uses and provide focal points and anchors for
pedestrian activity_
2. Conflict. Whenever the regulations and requirements
of this code are at conflict with any other lawfully enacted and
adopted rules, regulations, ordinances, or laws, the most restrictive
shall apply. Additionally, specific design provisions within the
zoning district regulations of this subsection shall take precedence
over the General Design Standards of Section 7.B. below.
3. Applicability (by Zoning District).
a. Mixed Use -High Intensity (MU -H) District.
Pursuant to Chapter 3, Article III, Section 5.C.1,
usable open space shall be required for all developments
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two (2) acres in size or larger. A minimum of two percent
(2 %) of the site shall be devoted to usable open space,
consisting of plazas or public open space, excluding private
recreation areas.
b. Infill Planned Unit Development (IPUD). A
minimum of 200 square feet of usable open space shall be
required per dwelling unit pursuant to Chapter 3, Article
III, Section 2.G.3. The physical attributes of the site shall
be respected with particular concern for preservation of
natural features, tree growth and open space. Interior and
open spaces shall meet the following criteria:
Shall be required for residential
development projects and mixed -use residential
projects;
Shall be designed to be available and
accessible to every dwelling unit proposed,
Shall include consolidated areas principally
set aside for active or passive recreational space,
Shall, where feasible, be centrally located in
the development,
May be designed or sited in conjunction
with but shall not include private courtyards,
landscape strips, perimeter landscape buffers,
preservation / natural areas, and water bodies -; and
Shall not be occupied by streets, drives,
parking areas, or structures other than recreational
structures.
C. Suburban Mixed Use (SMU) District. Usable
open space shall be required for each component of the
mixed -use development pursuant to Chapter 3, Article III,
Section 4.D.1. In addition, the following standards shall
U2
(1)
Usable open space shall provide active or
passive recreational space and shall not be occupied
by water bodies, streets, drives, parking areas, or
structures other than recreational structures.
All least 50% of the required usable open
space for single family residential uses shall be
contained in one (1) or more common pooled areas
and a rectangle inscribed within each common
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pooled area shall have no dimension less than 75
feet, and
Up to 50% of the usable open space required
for all other uses may be hardscaped plazas and
public gathering places.
B. Design Standards. Where required or recommended, plazas and
usable open space shall be designed as follows:
1. Location.
a. Common open space areas shall be located so as to
be readily accessible and useable by residents or visitors in
various locations of the development, unless the lands are
sensitive natural resources and access should be restricted:
b. The lands shall be compact and contiguous unless
the land shall be used as a continuation of an existing trail,
or specific topographic features require a different
configuration. An example of such topographic features
would be the provision of a trail or private open area along
a riparian corridor;
C. Where private common open space areas, trails,
parks, or other public spaces exist adjacent to the tract to be
subdivided or developed, the private common open space
or pedestrian amenity shall, to the maximum extent
feasible, be located to adjoin, extend, and enlarge the
presently existing trail, park, or other open area land,
d. At minimum, the area shall be lighted to meet the
requirements of crime prevention through environmental
design (CPTED) principles, and
e. To the maximum extent feasible, where significant
natural and scenic resource assets exist on a property,
priority shall be given to protect and preserve as common
open space. The assets shall be prioritized as follows:
Wetlands,
Flood hazard areas, and
Tree preservation areas.
2. Materials. Plazas shall be designed with pavers and
landscaped areas in order to provide a place for the public to enjoy
the outdoors. Boardwalks may be used if the property is located
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along the Intracoastal Waterway provided that the boardwalk area
is sized comparably with the intent of this subsection.
3. Seating Areas. At least one (1) linear foot of seating
for every 30 square feet of plaza space is required. Seating
surfaces shall have a minimum depth of 20 inches,
4. Access.
a. Pedestrians shall have direct access to the plaza
from at least one (1) major thoroughfare and at least 50%
of the plaza frontage,
b. At least one (1) accessible route complying with the
Florida Building Code shall connect accessible buildings,
accessible facilities_ accessible elements_ and accessible
spaces that are on the same site.
C. Curb cuts providing motor vehicle access onto a
plaza are prohibited, however, plazas may be designed to
provide access for emergency vehicles,
5. Landscaping.
6.
a. Landscape strips and perimeter landscape buffers,
required under Chapter 4, Article 11, Section 4 cannot count
towards the minimum requirements of this subsection, and
b. Trees are required in accordance with Chapter 4,
Article II, Section 6.B.
Maintenance.
All common open space or
pedestrian amenity areas shall be maintained by the owner(s) of the
development.
Section 9. Standards for Pedestrian and Bicyclist Amenities.
A. General. The purpose and intent of this section is to provide
regulations that require developments to plan for pedestrian circulation
and access, locate, install and maintain pedestrian amenities, and to
provide for controls and regulations to protect the public health, safety,
and general welfare of the residents and visitors. The requirements for
pedestrian amenities will further the City's goals and objectives by
providing for alternative means of transportation that improve air quality
reduce energy consumption, efficient use of vehicular parking facilities,
proper disposal of waste, and provide for the enhanced physical
appearance of the City.
The Director of Planning and Zoning or designee may waive certain
pedestrian amenity requirements of Table 4 -9 based on consideration of
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the number of employees, forecasted anticipated number of customers and
projected bicycle and pedestrian traffic.
B. Standards.
1. Circulation.
a. Pedestrian circulation should be carefully planned
in order to prevent conflict between pedestrian areas and
vehicular use areas.
b. In all cases, pedestrian access shall be provided to
public walkways.
C. Pedestrian circulation design shall promote
interconnectivity with and between land uses to discourage
unnecessary use of the automobile and reduce vehicle miles
traveled (VMT).
2. Table 4 -10. Pedestrian & Bicyclist Amenities. The
minimum number of pedestrian amenities shall be required as
follows:
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PEDESTRIAN & BICYCLIST AMENITIES
Zoning District or Use Bicycle Benches Trash Receptacles
Racks
Building area size is based upon gross floor area (in square feet) unless specifically expressed otherwise.
Any "Commercial, Retail 1 per 12,500 1 per 12,500 1 per 12,500
Sales and Services" use;
Greater than
25 000 s. .
Any "Office and Health
Care" use
Any "Arts, Entertainment,
and Recreational" use
Any "Educational" use
Any "Industrial" use
Dwelling, Multi - family
3+ units
Mobile / Manufactured
Home Park
Bed & Breakfast
Hotel & Motel
Group Home Type 2, 3,
and 4
Cemetery
Church
Community Garden
Community Facilities,
Post Office
Greater than 25,000 s.f.
1 per 12,500
up to 25,000,
then 1 per
30,000
1 per 12,500
up to 25,000
then 1 per
50,000
1 per 15,000
1 per 5
classrooms
1 per 30,000
1 per 75,000
of lot area
1 per
amenity area
1 per
establishment
1 per 100
units
1 per 7
residents but
not less than
2
1 per
cemetery
1 per 30,000
1 per lot
1 per 12,500
1 per 12,500
up to 25,000;
then 1 per
30,000
1 per 12,500 up to
25,000, then 1 per
30,000
1 per 12,500 up to
25,000 then 1 per
25,000
1 per 12,500
1 per 5 classrooms
1 per 30,000
1 per 25,000 of lot
area
1 per recreation or
amenity area
1 per establishment
1 per 25 units
1 per 7 residents but
not less than 2
1 per cemetery
1 per 30,000
1 per lot
1 per 12,500
1 per 12,500 up to
( 25,000; then 1 per
30,000
1 per 12,500 up to
25,000, then 1 per
30,000
1 per 12,500 up to
25,000 then 1 per
25,000
1 per 12,500
1 per 5 classrooms
1 per 30,000
1 per 25,000 of lot
area
1 per recreation or
amenity area
1 per establishment
1 per 25 units
1 per 7 residents
1 per cemetery
1 per 30,000
1 per lot
1 per 12,500
1 per 12,500 up to
25,000, then 1 per
30,000
a. Where the number of required pedestrian amenities
as computed includes a fraction, the number of amenities
shall be the computed number rounded to the next highest
whole number,
b. All pedestrian amenities shall be located on the
same building site which they serve and situated on a site
so that they do not obstruct the flow of pedestrians using
the building entrances or sidewalks and shall adhere to
Florida Accessibilitv Code for Building Construction_
C. The owner, tenant and their agent, if any, shall be
jointly and severally responsible for the continued proper
maintenance of all pedestrian amenities and shall keep
them in proper, neat, and orderly appearance,
d. When bicycle racks are required or recommended,
they shall be located in areas that are enclosed or roofed, or
otherwise designed with solid covering, either inside the
building (e.g., foyer) or outside and placed in close
proximity to the project entrance while still maintaining
safe and accessible building ingress and egress. See
Section 12.B.2 below for additional regulations regarding
bicycle racks and Crime Prevention Through
Environmental Design (CPTED) guidelines,
e. To the maximum extent feasible, trash receptacles
should include ashtrays and be located near other
pedestrian amenities. The number of receptacles provided
may be reduced if located within close proximity of
benches,
f. On a case by case basis, additional pedestrian
amenities may be required for other land uses not listed in
Table 4 -9,
9-- Additional pedestrian amenities may be
recommended, depending on projected need, and
h. A certificate of occupancy or certificate of
completion shall not be issued until pedestrian amenities
are provided in accordance with this subparagraph, and
i. All pedestrian amenities provided by the property
owner shall be decorative in nature and substantial in
construction. Their design and appearance must be
aesthetically pleasing and compatible with the subject site,
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adjacent properties, and streetscape furniture, including
public improvements and furniture located within the
public right -of -way. No signage or advertising shall be
permitted on pedestrian amenities.
Section 10. Design Standards for Walls, Fences, and Miscellaneous
Outdoor Structures.
A. Walls and Fences. Design, construction, and appearance of
walls and fences are important components of site development. Their
appearance and upkeep are visual reflections of community character and
quality. This subsection shall apply to all new walls and fences.
1. Design. Wall and fence design shall be enhanced and
decorative in appearance where visible by the public under the
following circumstances:
a. From the interior of a property,
b. From public or private rights -of -way, or
C. From abutting or adjacent properties.
2. Consistency, Enhanced walls and fences shall be designed
in an architectural style consistent with the principal structure(s),
incorporating the dominant exterior material(s), colors, and
finishes of that structure.
3. Monotony Restrictions. Enhanced walls and fences
shall be designed with offsets, banding, columns, posts with lintels,
finials, or caps, landscape pockets, and other elements to avoid an
expansive monolithic or monotonous appearance. Such elements
shall be included every 16 feet or less.
Decorative wood or PVC / vinyl fences shall either be picket, rail
basket weave, or shadow -box style. As noted above, decorative
fences shall not be installed in such a manner so as to create a
monolithic or monotonous appearance. Every two (2) fence panels
or 16 feet of fence must be interrupted by decorative columns or
posts, visible from the exterior of the property and topped with
decorative capitals. This requirement will not be satisfied by the
reversing of the fence material to place the unfinished side out,
exposing the four (4) inch by four (4) inch posts and crossmembers
to the exterior.
4. Chain -Link Fences. Except for within industrial districts,
chain -link fences shall not be allowed within the front or side
corner yard where they are visible from public or private rights -of-
way. See Chapter 3, Article V, Section 8 for additional regulations
regarding the screening of outdoor storage of merchandise.
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5. Construction Sites. Temporary fencing (and other types
of barriers deemed acceptable to the Building Official) may be
erected around construction sites for visual buffering and safety_
Temporary fencing shall be approved in conjunction with a
building permit and must be removed prior to the issuance of a
certificate of occupancy or completion. The temporary fencing
may contain screening material enhanced with lifestyle graphics,
images, pictorals, wraps, photographs, or a combination thereof, as
regulated in the Sign Code (Chapter 4, Article IV, Section 4.B.3.d)
However, the screening material allowed in the Sign Code shall
not conflict with the original intent for said fencing, mesh, and
related materials, which is to offer protection from dust, debris,
and other airborne particulate matter (pursuant to Chapter 3,
Article V, Section 2.F).
B. Transit Shelters.
1. Purpose and Intent. The purpose and intent of this
subparagraph is to maximize availability and accessibility of mass -
transit by providing an amenity for patrons, help beautify corridors
by creating positive gateways into and out of the City, and to
provide safer environs for mass - transit users and motorists.
2. Standards. A transit shelter is a roofed structure that may
provide seating areas and is typically located within the right -of-
way. A transit shelter shall be designed to comply with the Florida
Building Code. In addition, the following standards shall apply:
a. The location of a transit shelter, including its
associated structure and / or equipment, shall comply with
all cross visibility and safe -sight requirements.
b. If placed on a public sidewalk, the transit shelter
location shall provide adequate clearance for pedestrian
traffic in order to comply with accessibility requirements of
the Florida Buildinu Code.
C. All signage placed on transit shelters shall be
regulated in accordance with Chapter 4, Article IV, Section
4.13.2.
d. The need for, and addition of transit stops shall be
considered in conjunction with all new development to
accommodate transit stops for the county bus service and
other types of transit systems, including a future water taxi
service. Fire lanes and other emergency vehicular
accessways may be designated by the appropriate public
agency. Uses that require service by large vehicles should
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be designed to allow large vehicle access without blockage
of adjoining vehicular or pedestrian circulation.
e. The design and architecture of the transit shelter
should be compatible with the principal building(s) of large
non - residential (big box) developments (see Section 7
above) or consistent with an overall redevelopment plan
that provides aesthetic and uniform design guidelines for
shelter design.
c Where located within the public right -of -way, the
following shall also apply to transit shelters:
The transit shelter requires a right -of -way
permit, which is subject to review and approval by
the City Engineer or designee. See Chapter 2,
Article III, Section 4 for additional regulations
regarding the right- of- way permit.
All necessary permits are required to install
transit shelters within rights -of -way owned by the
State of Florida and / or Palm Beach County.
9-- Where located on private property, the following
shall also apply to transit shelters:
When an outside governmental agency
acquires an easement on private property for the
purpose of constructing a transit stop shelter, these
improvements shall not be subject to minimum
setback requirements of the zoning district, and
Waste receptacles and bicycle racks shall be
required and accommodated at transit shelters.
3. Removal. Should any bus shelter, associated structure
or equipment or sign on an associated structure or equipment, or
bus shelter sign fail to conform to the above standards, or should a
residential property owner object to the presence of a bus shelter
abutting his property, then the city may order the sponsoring
organization to remove such bus shelter and, that failing, may
remove same at the expense of the sponsoring organization.
C. Shopping Cart Corrals. Shopping cart corrals shall be
compatible with the architectural design, colors, materials, and finishes of
the principal structure.
M
Donation Bins. Unmanned donation bins are allowed within
commercial and industrial zoning districts but subject to the following
regulations:
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1. Number of Bins. One (1) donation bin may be allowed
per lot for commercial or industrial developments consisting of at
least 100,000 square feet of gross building area. An additional bin
may be allowed for each 100,000 square feet of gross building
area.
2. Location.
Donation bins shall not be located in within
rights -of -way, required parking spaces, access aisles, walkways,
landscape strips, or perimeter landscape buffers. They shall
comply with all visibility and safe -sight standards and not pose a
safety threat to pedestrian or vehicular traffic. In addition, they
shall be located behind the front and side corner building lines.
3. Maintenance. The owner of the property shall be
responsible for the maintenance of the bins, such that the area is
kept neat and orderly and in compliance with the approved site
plan for the subject property. This means that all items are located
within the bins, no trash is left on the site and there is no graffiti or
other visible damage to the bins.
4. Appearance. Donation bins shall be painted with natural,
earth -tone colors or with those that are intended to match the
principal building(s).
5. Advertising. Donation bins shall not be used for off -site
advertising of commercial activities and be limited to a maximum
of four (4) square feet of sign area advertising the sponsoring
charitable tax - exempt organization.
6. Sponsoring Agencies. Sponsoring agencies shall
register with and be evaluated annually by the Department of
Development for compliance with the regulations contained in this
section. Sponsoring agencies shall provide proof of authorization
by the property owner(s), the size, and overall dimensions of each
bin, and a site plan detailing the proposed location(s). Sponsoring
agencies must provide proof of being a tax - exempt, charitable
organization registered as a 501(c)3 of the Internal Revenue Code,
in order to place donation bins in the City. Donation bins to an
existing site shall require a modification to the approved site plan
in accordance with Chapter 2, Article 11, Section 2.F.
7. Miscellaneous. The foregoing restrictions shall not
apply to recycling bins or other similar public collection bins
located on City _property or otherwise sponsored by the City_
Section 11. Maintenance of Buildings, Structures, and Site.
It shall be unlawful for owner(s) of real property within the City to permit the
deterioration of the exterior of a building or off - street parking areas such that it
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becomes non - compliant with these standards or the minimum standards for
appearance and maintenance of public and private property (see Part II, Chapter
15, Article IX and Part II, Chapter 10, Article IV).
The awning /canopy and support system should be maintained at the same level as
other components of the building. Rusting /peeling support structures shall be
cleaned and repainted. Rotted or broken supports should be replaced. Faded and
dirty awnings shall be cleaned or replaced.
Section 12. Exterior Building and Site Design Guidelines.
A. Urban Design Guidelines of the Community Redevelopment
Agency (CRA).
1. Purpose and Intent. The purpose of Boynton Beach
Urban Design Guidelines are to provide a basis for evaluating
redevelopment proposals and act as a guide for making decisions
about public and private improvements within the boundaries of
the Community Redevelopment Agency. It is anticipated that
through the use of the guidelines, both private and public projects
will endeavor to preserve and enhance the form, scale, and visual
character that make downtown unique within the city and the
region. The guidelines will assist to ensure that each incremental
site design, architectural, and streetscape project contributes to a
positive image for the city_
2. Relationship to Comprehensive Plan. In particular,
the guidelines are designed to support the following objectives in
accordance with the City of Boynton Beach Comprehensive Plan:
a. Assure long -term economic vitalitv of the
downtown,
b. Create a vibrant mixed -use development downtown
urban environment,
C. Create an aesthetically pleasing and vibrant
pedestrian oriented downtown,
d. Provide improved visual and physical connectivity
between downtown districts,
e. Encourage the creation of exciting and inviting
public urban spaces,
C Develop a downtown urban character that is unique
to Boynton Beach,
413 of 520
g. Provide interesting architectural design diversity
within a continuity of urban design principles, and
h. Provide safe, efficient, and aesthetically pleasing
accommodations for vehicular access and parking.
3. Relationship to Redevelopment Plan. The Urban
Design Guidelines are applicable to all properties that are located
within the CRA, particularly within the Federal Highway Corridor
Community Redevelopment Plan, Heart of Boynton Master Plans
& Schematic Designs, Ocean District Community Redevelopment
Plan, and Boynton Beach Boulevard Corridor Plan.
4. Relationship to Land Development Regulations.
The Urban Design Guidelines are applicable to all
properties that are located within the CRA, particularly within the
Mixed -Use Low Intensity 1 (MU -L1), Mixed -Use Low Intensity 2
(MU -L2), Mixed -Use Low Intensity 3 (MU -L3), and Mixed -Use
High Intensity (MU -H) zoning districts.
B. Crime Prevention Through Environmental Design (CPTED).
1. General.
a. Purpose & Intent. The proper design and
effective use of the built environment can lead to a
reduction in the incidence and fear of crime and
improvement in the quality of life by incorporating access
control, natural surveillance, and territorial defensive
tactics into building and site design components.
b. Applicability. The following guidelines have been
developed for incorporation into the design of all new
residential and non - residential developments and major
modifications to approved developments.
2. Guidelines. The following guidelines have been
developed to further the purpose and intent of this subsection
through compliance with the following design elements:
a. Lighting.
(1) Exterior lighting should be placed above or
near entryways and garages.
(2) Landscaping should be designed and
maintained to reduce conflicts with exterior
lighting, taking into account long -term tree canopy
growth.
414 of 520
(3) Landscaping should be designed and
maintained to minimize obstruction of view of
windows, address numbers, and walkways.
(4) Pedestrian -scale lighting (maximum 12 -foot
tall, metal halide light poles) should be used for all
street and pedestrian walkways.
(5) On non - residential prof ects, non -glare
lighting should be located around the perimeter or
placed on building walls.
(6) In parking garages, all lighting should be
vandal resistant. Enhanced lighting should be used
at entrance /exits to reduce transition (from daylight)
when entering structure, while not drawing
additional attention at night.
b. Numerical Address.
For all multi - familv residential and non-
residential developments, illumination of the
building numbers is recommended.
(2) For all multi - family residential and non-
residential developments, building numbers should
be 12 inches in height and placed away from
landscaping. Building numbers should be placed on
facades that are adiacent to accessways and off-
street parking areas.
C. Building Design.
(1) Building architecture should allow for
enhanced natural surveillance of all off - street
parking areas, providing a sense of security to
patrons and visitors.
(2) Security vision doors shall be utilized at all
entrances to stairwells on each floor.
(3) Convex mirrors shall be installed in stairwell
and elevator areas.
(4) Elevators shall be located close to the main
entrance, constructed to avoid hidden spaces and
utilize Closed Circuit Television (CCTV)
surveillance
415 of 520
d. Understory Parking and Parking Garages
(Freestanding and Integrated).
(1) The first level of a parking garage should
have restricted access from exterior common
ground area, in an effort to reduce
unauthorized /unsupervised entry. Wrapping the
parking garage with residential or non - residential
uses is the preferred methodology in the design of a
parking garage to restrict unwanted access and meet
other design guideline objectives.
(2) In the limited areas of the garage not
wrapped by other uses, exterior walls surrounding
the first floor (ground level) parking should be a
minimum three (3) to four (4) feet high.
Additionally, decorative grill work should be
installed between the top of this wall and the
flooring of the second parking level.
Pedestrian entrances should be adiacent to
vehicle entrances, open and free of hidden spaces
and wired for CCTV surveillance.
(4) Each level of the parking garage should be
equipped with well- marked, direct -ring emergency
telephones which shall terminate at a central
monitoring office, station, or booth.
(5) Ceilings and solid walls inside parking
garages should be painted white to increase the
brightness within the structure.
e. Miscellaneous.
(1) Central mailbox stations should be placed in
high- activity and conspicuous locations for
enhanced safety and natural surveillance of users.
Pedestrian crosswalks should be delineated
by using contrasting paver blocks as opposed to
surface striping. When crosswalks are located away
from stop signs within off - street parking areas, they
should also be raised. Paver bricks should be
compatible in style throughout a development.
(3) Bicycle racks should be placed in close
proximity to building entrances and not located
within off - street parking areas.
416 of 520
(4) Automated Teller Machines (ATM) should
not be obscured by any landscaping in excess of
two (2) feet in height or other fixed objects that
would prevent clear visibility and should have a
convex mirror strategically placed to allow the
ATM operator to identify any approaching persons.
ATM's should have illumination of the
walkway leading to and from it, positioned so as not
to cause glare on the video recording equipment.
(6) Benches should have adequate lighting if
they are intended for nighttime use and be located
in open view to eliminate concealment areas.
a. Geltiffins er-
e. ,
417 of 520
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(2) Geier-(s) shall be eempa+ible wit4 the
i' r cc feet 2i�?�}2 i�iirir2l� + iT -and
be Gampatih-lo .• ea, sciccc°• building , ater—iT R-S)
and eeler-(S) an
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t-be
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the
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41,nv, r n4i n4r., r4„rOn
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.r 1 fi6a fin One (1) ar- more
r; 1.01 . ;41,;v, rl, saammen pe eled area
shall L ,di e,,s;e,, lens t 7 5 f eet;
;
ff
(r�P Co 50 A-- 41 0 i n h-iT Open sp aGe
r-eEIttir-ed fer- all ether- tises may be
1 ar- d a p 1 a n n a nd ..lam l i e. .,tl4er-ing
er-
pl ai�as a nl.le Open Sp are shall be designed a
fellews
Gemmen
be lee
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areas shall
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a. Sur-&ee
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the " Mi�ied Use
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a. Sur-&ee
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the " Mi�ied Use
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All parking gar-ages that f+ent en arterial er eelleeter
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428 of 520
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4l�itrvcr 144 Addition, + rr- cncy - shall mr a lee to behind
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438 of 520
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h. Ai4iettla+ien in be
parapet wall shall
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b. All sides ef a beilding tha+ dir-eetly f4ee an abet4ing
street, with- 4-4-A_ i-4-44 building, Skould pr-O."ide a
Customer entrance
required on side facade
>50* of 'Paces > 300'
300' radius from nearest entrance J from entrance
shall be leeated a minimem distan f+em the
Ar-AMBA -faeede equal to 2-540 A--f- Oh 1414eal leng44 Af- the side
faeade en whiek it is te be leea+ed. A ettstemef entfanee
leeetea,d —A*- gh-ea, CUA—F-4-4-eaqr- A--f- ghwa, Gannet S444 Ar-
ftilfill the te pr-&vide entr-anees en beth f+ent
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Customer entrance
required on side facade
>50* of 'Paces > 300'
300' radius from nearest entrance J from entrance
shall be leeated a minimem distan f+em the
Ar-AMBA -faeede equal to 2-540 A--f- Oh 1414eal leng44 Af- the side
faeade en whiek it is te be leea+ed. A ettstemef entfanee
leeetea,d —A*- gh-ea, CUA—F-4-4-eaqr- A--f- ghwa, Gannet S444 Ar-
ftilfill the te pr-&vide entr-anees en beth f+ent
A 44 d -q i d ta, f., ,.tom
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Pik
A buildi aqa ea, is neiohe-r- A-14-en-
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451 of 520
Site.
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downtAwn;
rb a nt;
e. Gr-ea+e an alesthetileally pleasing and vibr-ant
odes * , -; A- 0 „ * o- d. ven t. wn;
452 of 520
MIMMI
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downtAwn;
rb a nt;
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odes * , -; A- 0 „ * o- d. ven t. wn;
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Mir
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rb a nt;
e. Gr-ea+e an alesthetileally pleasing and vibr-ant
odes * , -; A- 0 „ * o- d. ven t. wn;
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.. . re��r tssrestsss�sse�:te�stie�sre.r�.
-- - - - -- -- --
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a. Pur-pose & intent. The pr-eper- design and
@E�o�cr3� �vzsrr ^vc"ci r2& t6 —a
r-edtietien in the neidenee and fear-
fit in 440 qual4 of life 4y ifleaer-par-ating aGGess-.
Eentr -el, nat l -al "tif- -P'@tlimi"ce, and t2r-Tit9i" l defense =c
* .,.. * ;..'s ;„ * ., 4,,;1.1;,,.. a site design „ * s
453 of 520
j ,a is 't>,
iirtciircccrrr �6�ecrcie�e6 ccTVV'TCr C'- Xcefier
(3) bandseaping shetild be designed
riiaiir e�*6 v Ad- feA,A" '
dews, address titimber-s, and walleway-s-
(6) in par-king gar-ages, all lighting shettl
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REMPRFEM
PART III (LDR), CHAPTER 4, ARTICLE IV SIGN STANDARDS
ARTICLE IV. SIGN STANDARDS
Section 1.
General...
Section 2.
City Approval Required...
leading to
40M it,
walkwa-y and
positi-A-4-4-ead se -A's
5.
PART III (LDR), CHAPTER 4, ARTICLE IV SIGN STANDARDS
ARTICLE IV. SIGN STANDARDS
Section 1.
General...
Section 2.
City Approval Required...
Section 3.
Prohibited Signs...
Section 4.
Standards.
A. General. The following general standards shall apply to all
signs city -wide:
1.
Sign Content...
2.
Computation of Sign Area...
3.
Cross Visibility and Safe - Sight...
4.
Traffic Hazards...
5.
Wind Load...
6.
Unlawful or Unsafe Signs...
7.
Maintenance...
8.
Overhead Clearance...
9.
Property Address...
10.
Illuminated Signs...
456 of 520
It. Crime Prevention Through Environmental Design
(OPTED). See Chapter 4, Article III, Section 12 4.13 for
additional regulations regarding signs and CPTED guidelines.
B. Temporary Signs. It shall be unlawful to affix, erect, locate, or
maintain any temporary sign off - premises unless otherwise authorized
under this subsection. Temporary signs shall be allowed in accordance
with the following provisions:
1. Real Estate Sign. A temporary real estate sign is
allowed on private property for the purpose of advertising the sale
or lease of such property. The sign(s) shall comply with the
following standards:
a. Maximum Number, Size and Height (Table 4- 11
44)...
b. Setbacks...
C. Exemptions...
d. Duration...
e. Prohibited in Required Landscape Strip...
2. Project Development Sign.
a. General...
b. Maximum Number, Size and Height (Table 4- 12
44)....
C. Duration...
3. Construction Sign...
4. Banner...
5. Political Sign. With consent of the property owner,
a temporary political sign is allowed on private property during the
period preceding any local, state, or national election. No political
sign is allowed within rights -of -way or on City -owned property.
In addition, political signs shall meet the following standards:
a. Maximum Number, Size and Height (Table 4- 13
42)...
6. Special Sales Event Sign...
7. Seasonal Sales Event Sign...
8. Vehicle Display Sign...
9. Recreation and Parks Department Special Event Sign...
10. Feather Banners...
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C. Permanent Signs. It shall be unlawful to affix, erect, locate, or
maintain any permanent sign off - premises unless otherwise authorized
under this subsection. Permanent signs shall be allowed in accordance
with the following provisions:
1. Wall Sign (Affixed to Building).
a. General...
b. Maximum Sign Area (Table 4 -14 4-3)...
C. Signs on Multiple -Story Buildings...
d. Community Design Standards...
2. Monument Sign.
a. Purpose and Intent...
b. Computation of Height...
C. Maximum Height, Size and Number (Table 4 -
474)...
d.
Setbacks...
e.
Cross Visibility and Safe - Sight...
f.
Property Address...
g.
Project Name...
h.
Changeable Copy Signs...
i.
Miscellaneous...
j.
Community Design Standards...
3. Directory Sign...
4. Directional Sign...
5. Menu Board Sign...
6. Awning Valance Sign. One (1) sign, located on the
valance of an awning hung over each public entrance is allowed
within multi - family residential (10 units or more) and
nonresidential developments, provided the signage area does not
exceed 80% of the valance area. An awning valance sign shall
count toward the aggregate wall signage area. The sign shall not
be internally - illuminated. See Section 5.C.5 below for additional
community design standards regarding awning valance signs.
See Chapter 4, Article I11, Section 3.E A--_i� for additional design
standards regarding awnings and canopies.
7. Covered Walkway / Arcade Sign...
8. Blade Sign...
9. Window Sign...
10. Rear Door Business Identification Plaque...
11. Mixed -Use Development Identification Sign...
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12. Neighborhood Identification Sign...
13. Nameplate or Identification Plaque...
D. Special Signs. The following special signs shall be allowed in
accordance with the following provisions:
1. Civic and Not - for - Profit Directional Sign...
2. Transit Shelter Sign. Signs on city transit stop shelters
may be allowed when authorized by written agreement approved
by action of the City Commission pursuant to the provisions of
Florida Statutes. When so authorized by the City Commission, the
following standards shall apply:
a. Location. Signs placed on city transit stop shelters
shall only be allowed at city transit stops designated or
approved by the City. A transit shelter, proposed on private
property or within the right -of -way, shall be located and
designed in accordance with Chapter 4, Article III, Section
103 �.F. 1
b.
Number...
C.
Elevation...
d.
Exemption...
3. Newracks...
4. Murals...
5. Electric Vehicle (EV) Charging Station Sign...
Section 5. Community Design.
A. General...
B. Community Design Standards for All Signs...
C. Community Design Standards for Specific Types of Signs...
D. Community Design Standards for Logos and Icons.
1. General...
2. Maximum Percentage and Size (Table 4 -16 4-5)...
Section 6. Sign Program...
PART III (LDR), CHAPTER 4, ARTICLE V MINIMUM OFF - STREET PARKING
REQUIREMENTS
ARTICLE V. MINIMUM OFF - STREET PARKING REQUIREMENTS
Section 1. General...
Section 2. Standards.
A. General...
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B.
Table 4 -17 -2. Residential and Lodging Uses...
C.
Table 4 -18 4. Commercial and Health Care / Office Uses...
D.
Table 4 -19 4. Arts, Entertainment, and Recreational Uses...
E.
Table 4 -20 4 Industrial Uses...
F.
Table 4-214 Educational Uses...
G.
Table 4 -22 -7 Public and Civic Uses...
Section 3.
Special Reductions in Required Off - Street Parking...
Section 4.
Exceptions to Providing Required Off - Street Parking...
Section 5.
Other Parking Regulations.
A. Maximum Number of Provided Parking. For all new and major
modifications to existing non - residential uses, the total number of
provided off - street parking spaces shall not exceed the thresholds as
established below:
1. Thresholds...
2. Methodology...
3. Exemption...
B. Handicap Accessible Off - Street Parking.
1. Applicability...
2. Table 4 - -7. Handicap Accessible Parking
Requirements..
C. Permanent Reservation of Off - Street Parking Spaces...
Section 6. Penalties....
PART III (LDR), CHAPTER 4, ARTICLE VI PARKING LOT, VEHICULAR USE
AREAS, AND LOADING STANDARDS
ARTICLE VI. PARKING LOT, VEHICULAR USE AREAS, AND LOADING
STANDARDS
Section 1.
General...
Section 2.
City Approval Required...
Section 3.
Standards.
A.
General.
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1. Movement. A clearly defined vehicular circulation
system shall be provided which allows free movement within the
proposed development while discouraging excessive speeds.
Vehicular circulation systems shall be separated as much as
practicable from pedestrian circulation systems. Off - street parking
facilities and other vehicular use areas shall be integrated with
surrounding structures and with the building or group of buildings
for which they serve.
2. Points of Access...
3. Through Traffic...
4. Storage Demand...
5. Emergency and Service Vehicles...
6. Sidewalks...
7. Compliance...
B. Off - Street Parking and Vehicular Use Areas.
1. General...
2. Required Surface...
3. Minimum Dimensions and Accessibility...
4. Vehicular Traffic Control Markings. All traffic signing
and pavement marking shall comply with the U.S. Department of
Transportation Federal Highway Administration Manual on
Uniform Traffic Control Devices. Particular attention is directed
toward Section 3_G 2-4, which contains sign design, shape, color,
mounting height and other conditions. Fire lanes shall be
identified with marking and signage in accordance with Section 8
of this article. Parking stalls shall be delineated in accordance with
the Engineering Design Handbook and Construction Standards.
5.
Landscaping...
6.
Irrigation...
7.
Curbs and Car Stop...
8.
Drainage...
9.
Illumination...
10.
Sidewalks...
11. Structures. Parking facilities may contain small,
permanent structures such as shade structures and booths used by
parking attendants.
Section 4. Community Design.
A. General...
B. Off - Street Loading...
C. Dumpsters and Trash Receptacles...
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D. Off - Street Parking Areas and Parking Garages. Public or
private off - street surface parking lots, understory parking, and all types of
parking garages shall comply with this section, the Florida Building Code,
and with county -wide amendments thereto. Where appropriate, security
systems may be required.
1. On -Site Parking. Required parking spaces for all
residential uses shall be located on the same lot or development as
the dwelling to be served. Parking spaces for non - residential uses
may be located off -site but only in accordance with Section 9.13.2
below. See Chapter 4, Article III, Sections 6 and 7 for additional
community design standards pertaining to off - street parking.
2. Off -Site Parking...
3. Interconnectivity...
4. Required Off - Street Parking Calculations, By Use...
5. Shared Parking...
Section 5. Penalties...
PART III (LDR), CHAPTER 4, ARTICLE VII EXTERIOR LIGHTING STANDARDS.
ARTICLE VII. EXTERIOR LIGHTING STANDARDS
Section 1.
General...
Section 2.
City Approval Required...
Section 3.
Standards...
Section 4.
Community Design...
Section 5.
Prohibited Lighting.
The following types of outdoor lighting are prohibited:
A. Spillage...
B. Unauthorized Traffic Lighting...
C. Beacon or Searchlights...
D. Drop Lens Fixtures...
E. Neon Tubing, Bare Bulbs, and Miniature Lighting...
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F. Awnings. No awnings, valances, or support structures shall be
internally - illuminated or backlit pursuant to Chapter 4, Article III, Section
3.E 44.
Section 6. Penalties...
PART III (LDR), CHAPTER 4, ARTICLE VIII ROADWAYS, UTILITIES, AND
INFRASTRUCTURE STANDARDS.
ARTICLE VIII. ROADWAYS, UTILITIES,
DESIGN STANDARDS
Section 1. General...
Section 2. City Approval Required...
Section 3. Standards.
AND INFRASTRUCTURE
A. General Standards for All Required Improvements....
B. Utilities...
C. Roadways and Streets.
1. General...
2. Designation System...
3. Naming System...
a. Curvilinear Streets...
b. Streets Crossing Ocean Avenue...
C. (Table 4 - 8) Suffixes...
d. Street Name Changes...
e. Standard Street Name Numbering and
Addressing...
f. Vanity Street Name Numbering and
Addressing...
4. Street Layout and Configuration.
a. General...
b. Width of Ultimate Right -of -Way.
(1) (Table 4 - -9) General Standards...
(2) Within All Planned Residential
Developments...
(3) Within All Commercial and Industrial
Districts...
C. Width of Pavement...
d. Dimensions of Blocks...
e. Dead -end Streets...
f. Street Jogs...
g. Half- streets...
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h. Marginal Access Streets...
i. Local Streets...
j. Railroads Abutting Developments...
k. Thoroughfare Intersections...
1. Alignment, Tangent, Deflection, Radii...
m. Traffic Calming Measures...
n. Lot Access...
o. Driveway Spacing...
P. Street Connections...
q. Cross Access Roads...
r. Median Strips...
S. Entrances to Developments...
t. Collector Road Dedication...
U. Visual Obstructions of Intersections...
V. Right -of -Way Improvement & Construction
Standards...
5. Construction, Repair, or Alterations...
D. Sidewalks.
1. General...
2. Standards...
3. Construction, Repair, or Alterations...
4. Abandonments...
5. Miscellaneous...
6. Community Design. See Chapter 4, Article III, Sections 6
and 7 S ten ^ be for additional community design
standards related to sidewalks and pedestrian pathways.
E. Pedestrian and Bicycle Paths...
F. Bridges & Culverts...
G. Drainage, Stormwater, and Wastewater Management...
H. Canals and Waterways...
�I14�1�IM.191l�A'FRIl��lIAI�
464 of 520
11111116261161111 w
walkwa-ys.
Section 4 4. Penalties...
PART III (LDR), CHAPTER 4, ARTICLE IX BUILDING, CONSTRUCTION, AND
HISTORIC PRESERVATION REQUIREMENTS.
ARTICLE IX. BUILDING, CONSTRUCTION, AND HISTORIC
PRESERVATION REQUIREMENTS.
Section 1. General...
Section 2. City Approval Required...
Section 3. Certificate of Occupancy or Completion...
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.0 . ..........
.
WIN
.s ue
walkwa-ys.
Section 4 4. Penalties...
PART III (LDR), CHAPTER 4, ARTICLE IX BUILDING, CONSTRUCTION, AND
HISTORIC PRESERVATION REQUIREMENTS.
ARTICLE IX. BUILDING, CONSTRUCTION, AND HISTORIC
PRESERVATION REQUIREMENTS.
Section 1. General...
Section 2. City Approval Required...
Section 3. Certificate of Occupancy or Completion...
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.s ue
walkwa-ys.
Section 4 4. Penalties...
PART III (LDR), CHAPTER 4, ARTICLE IX BUILDING, CONSTRUCTION, AND
HISTORIC PRESERVATION REQUIREMENTS.
ARTICLE IX. BUILDING, CONSTRUCTION, AND HISTORIC
PRESERVATION REQUIREMENTS.
Section 1. General...
Section 2. City Approval Required...
Section 3. Certificate of Occupancy or Completion...
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Section 4.
Florida Building Code Requirements...
Section 5.
Coastal Building Zone Requirements...
Section 6.
Historic Preservation Requirements.
A. General
1. Purpose and Intent. These provisions are designed to
identify, protect, restore and encourage the reuse of Resources, all
of which are essential to the City's health, safety, morals and its
economical, educational, cultural, and general welfare. These
valid public purposes shall be fulfilled by the ordinance, to achieve
the following
a. Preserve, protect, enhance and perpetuate Resources
which represent distinctive and significant elements of the
City's historical, cultural, social, economical, political,
archaeological, and architectural identity; and/ or serve as
visible reminders of the City's culture and heritage,
b. Ensure the harmonious, orderly, and efficient
growth, prosperity and development of the City through
retention and reuse of its historic and cultural Resources,
C. Strengthen civic pride and cultural stability through
neighborhood conservation,
d. Contribute to the stabilization of the economy of the
city through the continued use, preservation, conservation
and revitalization of its Resources:
e. Protect and enhance the city's historic, cultural and
architectural attractions to tourists and visitors and the
support and stimulus to business and industry thereby
provided,
L Promote the use of Resources for the education,
pleasure, and welfare of the people of the City,
g. Provide a review process for the continued
preservation and appropriate, compatible and sensitive
development of new construction and additions with in the
city's historic districts and neighborhoods,
h. Protect an enhance the scale, character and stability
of existing neighborhoods, and protect against destruction
of or encroachment upon areas which contribute to the
character of the City;
i. Facilitate the creation of a convenient, harmonious
and attractive community, and protect the architectural
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beauty, special architectural features, and special landscape
features of the City;
j. Avoid demolition, or other adverse effect on
historic properties (Properties) and Districts, which would
cause an irreparable loss to the City;
k. Assist neighborhoods to achieve a positive
neighborhood identity and sense of place.
In addition, these provisions are designed to implement, be
consistent with, and assist in the achievement of the goals,
objectives and policies, as specifically required by the
City's Comprehensive Plan, with respect to historic,
conservation, and neighborhood Resources.
2. Terms and Definitions. See Chapter 1, Article II for
all applicable terms and definitions which pertain to the historic
preservation regulations and standards contained herein.
3. Certified Local Government Review. The City
Commission is a Certified Local Government (CLG) approved by
the Florida Department of State, Division of Historical Resources.
The City Commission as a CLG is required to participate in the
Florida National Register of Historic Places nomination process,
be involved in the Section 106 process, and is eligible to receive
grants from the Certified Local Government Section of the Florida
Department of State, Historical Resources Grants -In -Aid program.
4. Unsafe Buildings and Structures. Should the Building
Official determine that a Historic Property or a Property within a
Historic District is unsafe, the Planning and Zoning staff and
Historic Resources Preservation Board shall be notified of such
findings. Within applicable laws and regulation, the Building
Official shall endeavor to have the Resource repaired rather than
demolished and shall take into account any comments and
recommendation by the Board. The Board may take appropriate
actions to Effect and accomplish the preservation of the Resource,
including, but not limited to, negotiations with the owner and other
Interested Parties, provided that such actions do not interfere with
the Florida Building Codes.
In the case where the Building Official determines that there are
emergency conditions dangerous to the life, health or property
affecting a Historic Property or a Property within a Historic
District, and timely Demolition is the only course of action, the
Building Official may order the Demolition and notify the
Planning and Zoning Division of the impending action. In this
instance, a Certificate of Appropriateness will not be required and
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the Historic Resources Preservation Board will promptly be
notified of the action being taken.
5. Waiver of Technical Requirements. The provisions
of the technical codes relating to the construction, alteration,
repair, enlargement, restoration or moving of Buildings may not be
mandatory for those Resources listed in the Boynton Beach
Register of Historic Places and the National Register of Historic
Places, when evaluated by a Florida registered architect or
engineer and demonstrated to the Building Official to be safe and
in the public interest of health, safety and welfare.
Resources or portions thereof that do not strictly comply with the
Florida Building Code may be considered to be in compliance, if it
can be shown to the satisfaction of the Building Official that
equivalent protection has been provided or that no hazard will be
created or continued through noncompliance. (Life safety and
property conservation shall be provided in accordance with
Chapter 11, Sections 1105 and 1106 of the 2007 Florida Building
Code, or as subsequently amended).
Alterations to Resources listed in the Boynton Beach Register of
Historic Places and the National Register of Historic Places may
receive exemption from accessibility requirements. (Pursuant to
Chapter 11, Section 11 -4.1.7 of the 2007 Florida Building Code, or
as subsequently amended, the Building Official may determine that
compliance for accessible routes (exterior and interior), ramps,
entrances, or toilets would threaten or destroy the historic
significance of the Building, in which case the alternative
requirements in Chapter 11, Section 11- 4.1.7(3) may be utilized).
6. Administrative and Board Approval of Zoning Code
Variances. Alterations to Resources listed in the Boynton
Beach Register of Historic Places and the National Register of
Historic Places may receive variances to zoning code regulations,
if such regulations would adversely impact or threaten the historic
significance of the Resource. The responsibility for review and
approval of an application for a variance in association for a
Certificate of Appropriateness for Alterations of Resources listed
in the Boynton Beach Register of Historic Places and the National
Register of Historic Places will rest with staff, unless the
corresponding Certificate of Appropriateness requires Historic
Resources Preservation Board (HRPB) action, in which case the
HRPB will have review and approval responsibility. Such requests
for variance shall be made on a separate application, approved by
the Board. Said application fee and other applicable charges shall
be established by resolution adopted by the City Commission.
7. Sustainable Building Practices. The application of
sustainable, energy efficient and green building practices to
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improvements associated with historic properties is encouraged
whenever they are compatible with best historic preservation
practices. Whenever possible, equipment such as solar panels,
wind generation devices, mechanical equipment, etc., should not
be affixed to the building, but sited in the rear or side yard
locations and fully screened with landscaping, fence or wall.
When placement upon the building is unavoidable, such
equipment, as well as skylights, shall be located on a non - character
defining elevation or roof slope that is not visible from the street.
In no instance, shall the equipment be allowed to be placed upon
any character defining feature. Expedited review shall be afforded
to those applicants who propose the placement of such equipment
on other than the building facades or roof.
B. Designation of Historic Properties and Districts.
1. Guidelines for Historic Designation. To qualify as a
Property or a District, individual properties must have significance
in American history, architecture, archeology, engineering or
culture and possess integrity of location, design, setting, materials,
workmanship, feeling, and association. For Districts, eligibility is
based on the establishment of historic contexts or themes which
describe the historical relationship of the Properties within the
district. Individual Buildings shall normally be at least 50 years
old and, in the case of a District, at least 50% of the Buildings shall
normally be at least fifty years old. Buildings shall also be
significant in one or more of the following areas,
a. Association with events that have made a
significant contribution to the broad patterns of the City's
hi story, or
b. Association with the lives of persons significant in
the City's past, or
C. Embodies the distinctive characteristics of a type,
period or method of construction, or represents the work of
a master, or possesses high artistic values, or represents a
significant and distinguishable entity whose components
may lack individual distinction_
d. Has yielded, or may be likely to yield, information
important in prehistory or history; or
e. Is listed in the National Reuister of Historic Places.
2. Criteria Considerations. Ordinarily cemeteries,
birthplaces, graves of historical figures, properties owned by
religious institutions or used for religious purposes, structures that
have been moved from their original locations, reconstructed
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historic buildings, properties primarily commemorative in nature,
and properties that have achieved significance within the past 50
years shall not be considered eligible for the Boynton Beach
Register of Historic Places. However, such properties will qualify
if they are integral parts of districts that do meet the criteria or if
they fall within the following categories:
a. A religious property deriving primary significance
from architectural or artistic distinction or historical
importance, or
b. A building or structure removed from its original
location but which is primarily significant for architectural
value, or which is the surviving structure most importantly
associated with a historic person or event, or
C. A birthplace or grave of a historical figure of
outstanding importance if there is no appropriate site or
building associated with his or her productive life, or
d. A cemetery that derives its primary importance
from graves of persons of transcendent importance, from
age, from distinctive design features, or from association
with historic events: or
e. A reconstructed building when accurately executed
in a suitable environment and presented in a dignified
manner as part of a restoration master plan, and when no
other building or structure with the same association has
survived, or
C A property primarily commemorative in intent if
design, age, tradition, or symbolic value has invested it
with its own exceptional significance, or
2. A property achieving significance within the past 50
years if it is of exceptional importance.
3. Procedures. See Chapter 2, Article II, Section 6.
4. Removal of Designation. A designation may be
removed by the City Commission based upon the Board's
recommendation. Such recommendation shall be based upon new
and compelling evidence and evaluation of work or natural cause
producing an adverse effect to a Property or District. The same
guidelines and the same procedures established for designation
shall be considered for a removal of designation.
5. Designation of County, State or Other Political
Subdivision Properties. County, state or political subdivision
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entity -owned Properties may be designated as a Property or
District if such designation is not prohibited or preempted by law,
or otherwise provided for in the Intergovernmental Coordination
Element of the Comprehensive Plan. In the absence of prohibition,
preemption, or other agreement, such other government may only
avoid designation of its Property by bearing the burden of proof
that public interests, on balance, are best served by avoiding such
designation. Such determination shall be established by the
process as set forth in this ordinance. Once designated, unless
reversed upon appeal, such designated Property or District shall
comply with and be regulated by all regulations contained in this
ordinance.
6. Maintenance and Repair of Designated Properties;
Demolition by Neglect Prohibited.
a. Ordinary Maintenance or Repair. Nothing in
this chapter shall be construed to prevent the ordinary
maintenance or repair of any exterior elements of any
building or structure that does not involve a change of
design, appearance or material, and which does not require
a building permit.
b. Affirmative Maintenance Required. The
owner of a property designated pursuant to this chapter
either individually or as part of a district or zone shall
comply with all applicable codes, laws and regulations
governing the maintenance of property. It is the intent of
this section to preserve from deliberate or inadvertent
neglect the exterior features of such properties and the
interior portions thereof when maintenance is necessary to
prevent deterioration and decay of the property. All such
properties shall be preserved against decay and
deterioration and shall be free from structural defects
though prompt corrections of any of the following defects:
Facades that fall and iniure the subiect
property, adjoining property or members of the
public,
(2) Deteriorated or inadequate foundations,
defective or deteriorated flooring or floor supports,
deteriorated walls or other vertical structural
supports,
(3) Members of ceilings, roofs ceiling and roof
supports or other structural members that may rot,
sau_ sblit or buckle due to defective material or
deterioration,
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(4) Deteriorated or ineffective waterproofing of
exterior walls, roofs, foundations or floors,
including broken, unsecured or missing windows or
doors.
(5) Any fault or defect in the property that
renders it structurally unsafe, insufficiently
protected from weathering, or not properly
watertight.
7. Nominations to the National Register of Historic Places.
As part of the duties under the Certified Local Government
program, the Historic Resources Preservation Board shall receive
all nominations of local property to the National Register of
Historic Places following the regulations of the State Historic
Preservation Office.
a. Appropriate local officials, owners of record, and
applicants shall be given a minimum of thirty calendar days
and not more than seventy -five calendar days prior notice
to Historic Resources Preservation Board meetings in
which to comment on or object to the listing of a property
in the National Register.
b. Objections to being listed in the National Register
by property owners must be notarized and filed with the
State Historic Preservation Officer. Within thirty (30) days
after its meeting the Board shall forward to the State
Historic Preservation Officer its action on the nomination
and the recommendations of the local officials. Appropriate
local officials, the owner and the applicant shall be notified
of the board's action.
C. The State Historic Preservation Officer will take
further steps on the nomination in accordance with federal
and state regulations. If either the Board or the local
officials or both support the nomination, the State Historic
Preservation Officer will schedule the nomination for
consideration by the state review board for the National
Register at its next regular meeting. If both the Board and
the local officials recommend that a property not be
nominated to the National Register, the State Historic
Preservation Officer will take no further action on the
nomination unless an appeal is filed with the State Historic
Preservation Officer.
8. Designated Historic Sites. The following Historic Sites
have been established:
a. National Register.
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(1) Boynton Woman's Club, 1010 South
Federal Highway, located on Lots 4, 5, 6, and 7 less
the West 35 feet thereof, Parker Estate, according to
the plat thereof recorded in Plat Book 10, Page 37
of the Public records of Palm Beach County,
Florida. (Published 4/26/1979).
(2) Boynton School, 141 East Ocean Avenue,
located on Lot 3, Block 4 of Sawyer's Addition,
City of Boynton Beach, Florida. (Published
3/7/1994).
C. Certificate of Appropriateness. The Board or staff shall
review actions affecting the exterior of Properties and all Resources,
including non - contributing Properties, within Districts.
1. Secretary of the Interior's Standards for Rehabilitation.
In reviewing an application, the Secretary of the Interior's
Standards for Rehabilitation (as may be amended from time to
time) shall be abblied. The current version is as follows:
a. A Property shall be used for its historic purpose or
be placed in a new use that requires minimal change to the
defining characteristics of the Building and its site an
environment.
b. The historic character of a Property shall be retained
and preserved. The removal of historic materials or
alteration of features and spaces that characterize a
Property shall be avoided.
C. Each Property shall be recognized as a physical
record of its time, place, and use. Changes that create a
false sense of historical development, such as adding
conjectural features or architectural elements from other
buildinus_ shall not be undertaken.
d. Most Properties change over time, those changes
that have acquired historic significance in their own right
shall be retained and preserved.
e. Distinctive features, finishes, and construction
techniques or examples of craftsmanship that characterize a
property shall be preserved.
C Deteriorated historic features shall be repaired
rather than replaced. Where the severity of deterioration
requires replacement of a distinctive feature, the new
feature shall match the old in design, color, texture, and
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other visual qualities and, where possible, materials.
Replacement of missing features shall be substantiated by
documentary, physical, or pictorial evidence.
Chemical or bhvsical treatments. such as
sandblasting, that cause damage to historic materials shall
not be used. The surface cleaning of Structures, if
appropriate, shall be undertaken using the gentlest means
possible.
h. Significant archaeological resources affected by a
project shall be protected and preserved. If such resources
must be disturbed. mitigation measures shall be undertaken.
i. New additions, exterior Alterations, or related new
construction shall not destroy historic materials that
characterize the Property. The new work shall be
differentiated from the old and shall be compatible with the
massing, size, scale, and architectural features to protect the
historic integrity of the Property and its environment.
j. New additions and adjacent or related new
construction shall be undertaken in such a manner that if
removed in the future, the essential form and integrity of
the historic Property and its environment would be
unimpaired.
2. Additional Criteria. The above Standards for
Rehabilitation shall be supplemented by the following criteria
specific to certain types of requests:
a. New Construction and Alterations. All new
construction and Alterations to existing buildings within a
designated historic district or on an individually designated
property shall be visually compatible, and meet the
following .guidelines.
(1) Setting, Orientation and Setbacks. The
Building should be situated approximately the same
distance from the street as adjacent Buildings, to
create a continuous street edge. The orientation of
the Building should be visually compatible with that
of the buildings in the Historic District. The Setting
should be designed with the overall environment in
mind. It should take into account the compatibility
of landscaping, parking, service areas, walkways,
and accessory structures.
(2) Building Height. The height of the
Building at street level should be visually
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compatible in comparison or relation to the height
of the existing contributing buildings in the Historic
District.
(3) Design Styles. New Buildings should take
their design cues from the prevailing architectural
styles within the Historic District. Traditional or
contemporary design standards and elements should
relate to the existing styles.
(4) Proportion of Openings. The openings
of any building within a Historic District should be
visually compatible with the openings in existing
contributing buildings within the Historic District.
The relationship of the width of windows and doors
to the height of windows and doors should be
visually compatible with the existing contributing
buildings within the Historic District.
(5) Rhythm of Solids to Voids. The
relationship between solids (walls) and voids
(windows and doors) of a Building should be
visually compatible with the Surrounding Buildings.
(6) Rhythm of Spacing along the Street. The
relationship of Buildings to the open space between
them should be compatible with the other Buildings
on each side of the street in that block.
(7) Relationship of Materials and Textures.
The materials and textures of a Building
should be chosen with the predominant materials of
the Historic District in mind. Simplicity in such use
is preferable.
(8) Roof Shapes. The roof shape of a Building
is a major distinguishing feature. The roof shape of
a Building should be compatible with the roof shape
of existing contributing buildings within the
Historic District. The roof shape shall be consistent
with the architectural style of the Building.
(9) Size, Scale, Bulk, Mass and Volume. The
physical size, scale, bulk, mass and volume should
be compatible with the existing contributing
buildings within the Historic District without
overwhelming them.
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b. Additions. All additions to historic structures or
structures within a Historic District shall meet the
following .guidelines.
Locate an addition to the rear or least visible
sides of historic structures. Locating an addition on
the front elevation should be avoided.
(2) Minimize the loss of historic materials from
the historic structure and protect character - defining
features.
(3) Design the addition to be compatible in
terms of massing, size, scale, relationship of solids
to voids, and architectural features. An addition
should be subordinate to the historic building.
(4) Differentiate the addition from the historic
structure.
(5) If permitted, rooftop additions should
generally be limited to one story in height, should
be set back from the wall plane and should be as
inconspicuous as possible.
(6) Continue the design elements on all
elevations of the new construction, not only those
elevations that can be viewed from the street
(7) Design and construct the addition so that, if
removed in the future, the essential form and
integrity of the historic structure will be unimbaired.
(8) Limit the
size and
number
of openings
between the old
and new
building
by utilizing
existing doors or by
enlarging
existing
windows.
C. Demolition. All demolitions of historic structures
within a Historic District shall comply with the following:
(1) Simultaneous certificates required. No
Building or Structure on a Property or located
within a District shall be demolished without first
receiving a Certificate of Appropriateness for new
construction. The applications for demolition and
new construction shall be reviewed by the Board
simultaneously. The requirement of a Certificate of
Appropriateness for new construction may be
waived by the Board upon a good cause showing
that such requirement would be unduly harsh or
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would result in a substantial hardship to the
Property owner.
A showing of good cause may include, but is not
limited to, evidence that the Property owner is
unable to comply with the requirement for
simultaneous new construction due to advanced
age, infirmity, physical or other debilitating
handicap, or financial hardship.
If an application for Certificate of Appropriateness
for Demolition is approved, the owner shall, at
his /her expense, fully record the building prior to
Demolition. At a minimum, the owner shall provide
an architectural description, floor plan with interior
and exterior dimensions, interior and exterior
photographs, and any other information requested
by the Board. Said record shall be deposited in the
local archives, where it will be made available to
the public.
Upon approval by the Board of a Certificate of
Appropriateness for Demolition, the demolition
permit shall not be issued until all demolition and
new construction plans for the Property have
received all other required governmental approvals.
The existence of one or more of the following
conditions may be the basis for denial of a
demolition application:
The Resource contributes
significantly to the historic character of a
designated Property or District.
(b) The Resource is listed on the
National Register.
(c) The Resource is one of the last
remaining examples of its kind in the
neighborhood or City_
(d) The Resource is capable of being
repaired and reused in a practical and
feasible manner.
(e) Retention of the Resource would
promote the general welfare of the City by
providing an opportunity to study local
history, architecture and design, or by
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developing an understanding of the
importance and value of a particular culture
or heritage.
Granting a Certificate of
Appropriateness for the Demolition would
result in an irreparable loss to the City of a
significant Resource.
(g) The plans for the simultaneous new
construction (if the Demolition is granted)
are not compatible with the Property or
District.
(2) Demolition Delay Period. The Board
may grant a Certificate of Appropriateness for
Demolition which may contain a delayed effective
date. The effective date will be determined by the
Board based on the relative significance of the
Resource and the probable time required to arrange
a possible alternative to demolition. The Board may
delay demolition for up to three (3) months. During
the demolition delay period, the Board may take
such steps as it deems necessary to preserve the
Resource. Such steps may include, but are not
limited to: consultations with community groups,
public agencies and interested citizens,
recommendations for acquisition of the Property by
public or private bodies, or agencies, an exploration
of the possibility of moving the Resource.
3) Salvaue and Preservation of Snecif c
Features. The Board may require the Property
owner to salvage and preserve specified classes of
building materials_ architectural details_ ornaments.
fixtures and the like
(4) Authority to Initiate Designation. If an
undesignated property warrants it and it is otherwise
authorized under this ordinance, staff may initiate,
or recommend that the Board initiate, the
designation application and review process. Staff
may further request that the Board require that the
issuance of a demolition permit be staved pending
the Board's review of the application and the City
Commission's decision to designate or deny
designation of the property. However, the maximum
period during which the issuance of a demolition
permit may be staved pursuant to this paragraph is
one hundred twenty (120) days, unless extended by
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the City Commission. If for any reason the
designation process is not completed and the
demolition application is approved, the owner shall,
at his /her expense, fully record the building prior to
Demolition and attempt to salvage and preserve
specified classes of building materials, architectural
details, ornaments, fixtures and the like.
d. Relocation. The existence of one or more of the
following conditions may be the basis for denial of a
relocation application:
The historic character or aesthetic interest of
the Resource contributes to its present setting in
such a manner that relocation would result in a
substantial loss to the setting or District.
(2) There are no definite plans for the area to be
vacated.
(3) There are definite plans for the area to be
vacated that may adversely affect the character of
the District.
(4) The Resource cannot be moved without
significant damage to its physical integrity.
(5) The proposed relocation area is not
compatible with the historic, cultural, and
architectural character of the Resource.
Little or no effort has been made to consider
relocation within the same District or within another
District with compatible historic, aesthetic, cultural,
or design qualities with the relocated Resource.
e. Changes in Approved Work. Any change in
the proposed work following the issuance of a Certificate
of Appropriateness shall be reviewed by staff. If the
proposed change does not materially affect the historic
character or the proposed change is in accordance with the
Board's decision, staff may administratively approve the
change. If the proposed change is not in accordance with
the Board's decision, a new Certificate of Appropriateness
application for such change must be submitted for review.
D. Historic Preservation Property Tax Exemption Program.
1. General.
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a. The granting of tax exemptions to owners who
make improvements to Historic Properties was authorized
by an amendment to the Florida Constitution and codified
in Section 196.1997 and 196.1998 Florida Statute (1992).
The ad valorem tax exemption program was established by
Palm Beach County in 1995 (Ordinance 95 -41), and may
be implemented in the City through an interlocal agreement
with the County and a local Tax Abatement Exemption
ordinance. The Tax Abatement Exemption Ordinance
authorizes granting exemptions from increases to ad
valorem taxes for qualified improvements to qualify
properties.
b. Exemptions. Exemptions for Historic Properties
are intended for the physical improvements necessary to
Restore or Rehabilitate the Historic Resource, which may
include additions, Alterations and new construction. The
improvements must comply with the Secretary of the
Interior's Standards for Rehabilitation.
The City and County will process the application following
mutually established procedures through both the City and
County Commissions. This program will provide an
exemption from tax increases on the improvements to the
Property for up to a 10 year period. The exemption is
conveyed through a covenant that accompanies the deed of
the Property and may be transferred to future owners
during the abatement period.
2. Tax Exemption for Historic Properties.
a. The City Commission hereby creates a tax
exemption for the appropriate restoration, renovation or
rehabilitation of qualifying historic properties designated
herein. Qualifying property shall be exempt from that
portion of ad valorem taxation levied by the City on one
hundred percent (100 %) of the increase in assessed value
resulting from any appropriate renovation, restoration or
rehabilitation of the qualifying property made on or after
the effective date of this ordinance.
b. The above exemption does not apply to:
(1) Taxes levied for payment of bonds,
(2) Taxes authorized by a vote of the electors
pursuant to section 9(b) or section 12, Article VII,
of the Florida Constitution_ or
(3) Personal property_
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3. Qualifying Properties and Improvements.
a. The following real property in the City is qualifying
property for the purposes of this subsection if at the time
the exemption is approved by the City Commission, the
property
(1) Is individually listed in the National Register
of Historic Places pursuant to the National Historic
Preservation Act of 1966, as amended, or
(2) Is a contributing property to a national
register- listed district, or
(3) Is designated as a historic property, or as a
contributing property to a historic district, under the
terms of the City's historic preservation ordinance,
and
(4) Has been certified by the Board as satisfy
subparagraphs (1)(a), (1)(b), or (1)(c) above.
The exemption does not apply to improvements
made to non - contributing principal buildings or
non - contributing accessory structures.
b. For an improvement to a historic property to qualify
the property for an exemption, the improvement must:
(1) Be consistent with the United States
Secretary of Interior's Standards for Rehabilitation,
as amended,
(2) Be determined by the Board to meet criteria
established in rules adopted by the Department of
State, Division of Historical Resources, FAC 1A -38,
as amended, and
Be consistent with anv ordinance of the
designating the property as historic or designating
the historic district in which the property is located.
4. Evaluation of Property Used for Government or
Nonprofit Purpose. Pursuant to Title XIV, Chapter 196.1998,
Florida Statutes, which allows for exemption from ad valorem
taxation of up to one hundred percent (100 %) of the assessed value
of the property as improved, a property is being used for
government or nonprofit purposes if the sole occupant of at least
sixty -five percent (65 %) of the useable space is an agency of the
481 of 520
federal, state or a local government unit or a nonprofit organization
certified by the Department of State under Chapter 617.013,
Florida Statutes. As for being "regularly and frequently open" for
public access, the property shall be open to the public not less than
twelve (12) days per year on an equitably spaced basis, and at
other times by appointment. Nothing herein shall prohibit the
owner from charging a reasonable nondiscriminatory admission
fee, comparable to fees charged at similar facilities in the area.
5. Application for Exemption; Fees. An applicant desiring
an ad valorem tax exemption for proposed improvements to a
historic property must file a request accompanied by its
corresponding fee and all documentation required by the
application checklist. The request shall be made on the two -part
Historic Preservation Property Tax Exemption Application,
approved by the State of Florida, Division of Historical Resources
and promulgated in accordance with Rule 1A -38, Florida
Administrative Code, and include additional information and
documentation of the cost of the qualifying improvement. Part 1
of the application, the Preconstruction Application, shall be
submitted before qualifying improvements are initiated and Part 2,
the Final Application/ Request for Review of Completed Work,
shall be submitted to the City for review upon completion of the
qualifying improvements. The Final Application/Request for
Review of completed Work shall contain the Historic Preservation
Exemption Covenant as established by the Department of State,
Division of Historical Resources and applicable for the term for
which the exemption is granted.
6. Preconstruction Application. The review process
shall be initiated with the submittal of a Preconstruction
Application to the City. The Preconstruction Application shall
contain a copy of the application for Certificate of
Appropriateness, information on project cost, and a copy of the
most recent tax bill for the subject property from the Palm Beach
County Property Appraiser. Upon the receipt of the
Preconstruction Application by the City, the City shall conduct a
review for eligibility in accordance with the requirements stated
herein.
7. Review of Preconstruction Application. A review of
the Preconstruction Application shall be completed by the City in
accordance with the established schedule and process.
a. Once the City determines that the work as proposed
is a qualifying improvement and is in compliance with the
review standards contained herein, the City shall approve
the Preconstruction Application and issue a written notice
to the applicant with a copy to the Board.
482 of 520
b. If the City determines that the work as proposed is
not a qualifying improvement or is not in compliance with
the review standards contained herein, a written notice shall
be provided to the applicant, including recommendations
concerning the changes to the proposed work necessary to
make it a qualifying improvement and bring it into
compliance with the review standards.
8. Appeals to the Historic Resources Preservation Board.
a. Within ten (10) days of receipt of notice that the
City has denied a Preconstruction Application, the
applicant may file a written notice of appeal of the denial to
the Board. The appeal shall be processed in accordance
with the public meeting and notification procedures
required of the City's quasi - judicial hearing process, except
that public notices need only be mailed to owners of
abutting or adjacent property as determined by the Historic
Preservation Planner.
b. If the Board denies the appeal, the applicant may
appeal the action of the Board to the City Commission.
9. Issuance of Other Permits or Approval. If all or part of
the proposed improvements require a building permit or other
necessary approval of the City or any other governmental agency,
the improvements shall also be reviewed pursuant to any other
applicable code provisions of the City and require such
corresponding approval. A Preconstruction Application shall not
be approved by the City and issued until such permit or other
approvals have been granted.
No certificate of occupancy or completion shall be issued by the
City until the Final Application has been approved by the City
Commission and all appeal proceedings have been completed.
10. Completion of Work. An applicant must complete
all work within two (2) years following the date of approval of a
Part 1, Preconstruction Application by staff. A Preconstruction
Application shall be automatically revoked if the property owner
has not submitted a Final Application/Request for Review of
Completed Work within two (2) years following the date of
approval of the Preconstruction Application.
The Board, upon the recommendation of the City, may extend the
time for completion of a substantial improvement in accordance
with the procedures of the City's Building Code.
11. Final Application and Request for Review of Completed
Work.
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a. The Final Application/Request for Review of
Completed Work shall be accompanied by documentation
of the total cost of the qualifying improvements.
Appropriate documentation may include, but is not limited
to paid contractor's bills, cancelled checks, and an approved
building permit application listing the cost of work to be
performed. Upon the receipt of a Final
Application /Request for Review of Completed Work and
all required supporting documents, the City shall inspect
the completed improvements to ensure compliance with the
Preconstruction Application, Certificate of
Appropriateness, and any approved amendments.
b. If the City determines that the work is a qualify
improvement and is in compliance with the review
standards contained herein, the Final Application/Request
for Review of Completed Work shall be approved and
forwarded to the Board for review, and written notice shall
be provided to the applicant.
C. If the City determines that the work as completed is
not in compliance with the Preconstruction Application or
the established timeframe as described in this section, the
applicant shall be given written explanation for such
findings, including recommendations concerning the
changes to the proposed work necessary to make it a
qualifying improvement and bring it into compliance with
the review standards. The application will be forwarded to
the Board for review once the applicant makes the adequate
changes necessary for compliance, or upon receiving notice
from the applicant that no further changes will be made to
the project.
12. Recommendations to Historic Resources Preservation
Board and City Commission. On completion of the review
of a Final Application/Request for Review of Completed Work,
the City shall present such Final Application in a regularly
scheduled meeting of the Board and recommend that such Board
grant or deny the exemption. The recommendation and
explanation shall be provided in writing to the applicant and Board
for consideration at a public meeting. The application, along with
a recommendation of approval or denial shall subsequently be
forwarded by the Board to the City Commission for final
consideration.
13. Approval by the City Commission. Upon approval
of a Final Application/Request for Review of Completed Work by
the Board, the Final Application shall be placed by resolution on
the agenda of the City Commission for approval. The resolution to
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approve the Final Application shall indicate the property owner,
property address and legal description, time period that exemption
will remain in effect and expiration date, and shall require the
owner to record the restrictive covenant in the Official Record
Book of Palm Beach County. The applicant shall provide the City
with two (2) certified copies of the recorded covenant.
14. Notice of Approval to the Property Appraiser. The
City shall transmit the following certified copies to the Palm Beach
County Property Appraiser: 1) recorded restrictive covenant, 2)
approved Final Application/Request for Review of Completed
Work, and 3) the resolution of the City Commission approving the
Final Application and authorizing the tax exemption.
15. Effective Date and Duration of Tax Exemption. When
the City Commission approves a historic preservation tax
exemption, the covenant shall be in effect for ten (10) years,
however, the City Commission has the discretion to approve a
shorter time frame if petitioned by the property owner. The
effective date of the exemption shall be January 1 of the following
year from when the covenant and resolution are recorded with the
Palm Beach County Clerk of the Court.
16. Property Maintenance, Penalty, and Revocation. The
character of the property and qualifying improvements are to be
maintained during the period that the exemption is granted. Such
covenant shall be binding on the current property owner,
transferees, and their heirs, assigns and successors. A violation of
the covenant shall result in the revocation of the granted tax
exemption, and the property owner being subject to the payment of
taxes that would have been owed had the exemption not been
initially granted (see subparagraph (2) below). The revocation
process shall occur as follows:
a. Revocation Proceedings.
(1) Staff or the Board may initiate proceedings
to revoke the ad valorem tax exemption provided
herein, in the event the applicant, or subsequent
owner or successors in interest to the property, fails
to maintain the property according to the terms and
conditions of the covenant,
(2) The Board shall provide notice to the current
owner of record of the property and hold a
revocation public hearing, and make a
recommendation to the City Commission,
(3) The City Commission shall review the
recommendation of the Board and make a
485 of 520
determination as to whether the tax exemption shall
be revoked. Should the City Commission determine
that the tax exemption shall be revoked, a written
resolution revoking the exemption and notice of
penalties as provided herein shall be provided to the
owner, the Palm Beach County Property Appraiser
and filed in the official records of Palm Beach
County;
(4) Upon receipt of the resolution revoking the
tax exemption, the Palm Beach County Property
Appraiser shall discontinue the tax exemption on
the property as of January 1 of the year following
receipt of the notice of revocation; and
b. Notice of Penalties. The resolution revoking the
tax exemption shall include a statement that a penalty equal
to the total amount of taxes that would have been due in
March of each of the previous years in which the tax
exemption and covenant were in effect had the property not
received the exemption, less the amount of taxes actually
paid in those years, plus interest on the difference
calculated as provided in Section 212.12, Florida Statutes
shall be imposed by the Palm Beach County Tax Collector
for violation of the terms, conditions and standards of the
Historic Preservation Exemption Covenant.
17. Annual Report. The City shall prepare an annual
report to the City Commission regarding the tax exemption
proposed in this article. The report shall be filed in January of
each calendar year, and shall summarize the activities of the City
and Board related to this article during the previous calendar year.
The information shall include, but not be limited to, a list of the
properties for which a Part 1, Preconstruction Application, and Part
2, Final Application/Request for Review of Completed Work were
made during the preceding year; an explanation of the disposition
of each application; the expenditures on each approved qualify
improvement during the calendar ,year, the total number of
properties currently participating in the program provided within
this article: and anv other information reauested by the Citv
Commission.
E. Standards for Archeological Work; Discovery of Archeological
Site.
1. The Historic Preservation Planner shall be responsible for
identifying, protecting, managing and promoting all cultural
resources (historic and brehistoric sites and districts) within the
municipal bounds.
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2. Archaeological Work. Archeological surveys,
assessments, excavations, and other work required by this
ordinance shall be conducted by a qualified, professional
archeologist and be consistent with the guidelines for such work
promulgated by Palm Beach County that are consistent with
accepted professional standards and regulations developed by the
Florida Department of State Division of Historical Resources and
the United States Department of the Interior. or their successor
agencies.
3. Site Discovered During the Development Process.
In the event that archaeological materials are discovered by
ground disturbing activities on any property within the City, such
activities in the immediate vicinity of the archaeological site shall
be discontinued immediately and the Planning & Zoning
Department notified. The site shall be inspected and may be
required to be assessed by a qualified professional archaeologist at
the expense o the property owner.
4. Unmarked Human Graves. If a discovery is made of an
unmarked human grave or graves, then the procedures for
notifying the State Archaeologist and County Medical Examiner
shall be followed, consistent with state law.
Section 7. Enforcement and Penalties. The City or any other legal authority
shall enforce any violation of this article pursuant to the penalty provisions
contained in Chapter 1, Article I, Section 7 of these Land Development
Regulations.
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487 of 520
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(d) Has been eef4ified by the Bear-d as
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if the City detefmines tha+ the
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6. Sustainable
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The
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. . . . . . . . . . . . .. . . . .
Section 7. Penalties...
S:APlanning\ SHARED \WP \SPECPROJ\CODE REVIEW\CDRV 12 -005 M -1 Zoning\Proposed LDR changes - entire text (Legal's input).doc
517 of 520
14. A
FUTURE AGENDA ITEMS
September 18, 2012
r '
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: September 18, 2012
NATURE OF
AGENDA ITEM
❑
OPENINGS
❑
PUBLIC HEARING
❑
OTHER
❑
CITY MANAGERS REPORT
El
ANNOUNCEMENTS /PRESENTATIONS
El
UNFINISHED BUSINESS
❑
ADMINISTRATIVE
❑
NEW BUSINESS
❑
CONSENTAGENDA
❑
LEGAL
❑
BIDS AND PURCHASES OVER $100,000
®
FUTURE AGENDA ITEMS
❑
CODE COMPLIANCE AND LEGAL
SETTLEMENTS
REQUESTED ACTION BY CITY COMMISSION: Review of staff recommendations for changes,
deletions and additions to Building division fees to reflect current services and updated costs. -
October 2, 2012 Commission Meeting
EXPLANATION OF REQUEST:
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES?
FISCAL IMPACT:
ALTERNATIVES:
518 of 520
14. B
FUTURE AGENDA ITEMS
September 18, 2012
r '
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: September 18, 2012
NATURE OF
AGENDA ITEM
❑
OPENINGS
❑
PUBLIC HEARING
❑
OTHER
❑
CITY MANAGERS REPORT
El
ANNOUNCEMENTS /PRESENTATIONS
El
UNFINISHED BUSINESS
❑
ADMINISTRATIVE
❑
NEW BUSINESS
❑
CONSENTAGENDA
❑
LEGAL
❑
BIDS AND PURCHASES OVER $100,000
®
FUTURE AGENDA ITEMS
❑
CODE COMPLIANCE AND LEGAL
SETTLEMENTS
REQUESTED ACTION BY CITY COMMISSION: Review of staff recommendations for changes,
deletions and additions to Planning & Zoning Department fees to reflect current services and
updated costs. - October 16, 2012, Commission Meeting
EXPLANATION OF REQUEST:
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES?
FISCAL IMPACT:
ALTERNATIVES:
519 of 520
14. C
FUTURE AGENDA ITEMS
September 18, 2012
r '
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: September 18, 2012
NATURE OF
AGENDA ITEM
❑
OPENINGS
❑
PUBLIC HEARING
❑
OTHER
❑
CITY MANAGERS REPORT
El
ANNOUNCEMENTS /PRESENTATIONS
El
UNFINISHED BUSINESS
❑
ADMINISTRATIVE
❑
NEW BUSINESS
❑
CONSENTAGENDA
❑
LEGAL
❑
BIDS AND PURCHASES OVER $100,000
®
FUTURE AGENDA ITEMS
❑
CODE COMPLIANCE AND LEGAL
SETTLEMENTS
REQUESTED ACTION BY CITY COMMISSION: Scheduling of City Commission Workshop to
discuss future of City Hall Campus - TBD
EXPLANATION OF REQUEST:
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES?
FISCAL IMPACT:
ALTERNATIVES:
520 of 520