Agenda 10-15-13 Searchable
The City of
The City of
Boynton Beach
Boynton Beach
100 E. Boynton Beach Boulevard ● (561) 742-6000
TUESDAY, OCTOBER 15, 2013
6:30 PM
FINAL AGENDA
City Commission
AGENDA
Jerry Taylor
Mayor – At Large
Woodrow L. Hay
Vice Mayor – District II
David T. Merker
Commissioner – District I
Michael M. Fitzpatrick
Commissioner – District III
Joe Casello
Commissioner – District IV
Lori LaVerriere
City Manager
James Cherof
City Attorney
Janet M. Prainito
City Clerk
Visit our Web site
www.boynton–beach.org
Breeze into Boynton Beach –
America’s Gateway to the Gulfstream
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).
2 of 1102
1. OPENINGS
A. Call to order - Mayor Jerry Taylor
B. Invocation
C. Pledge of Allegiance to the Flag led by Mayor Taylor
D. Brand Promise Statement
E. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
2. OTHER
A. Informational Items by Members of the City Commission
3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. Announce the request from the Recreation & Parks Department for
nominations for the Holiday Parade Grand Marshal.
B. Proclaim the Month of October as National Arts and Humanities Month for the
City of Boynton Beach. Deborah Bottorff, Arts Commission Chair, will accept
the proclamation.
C. Announcement of the Boynton Beach Community Redevelopment Agency's
(CRA) Pirate Fest and Mermaid Splash Days scheduled for October 26 - 27,
2013.
4. PUBLIC AUDIENCE
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS
(at the discretion of the Chair, this 3 minute allowance may need to be
adjusted depending on the level of business coming before the City
Commission)
5. ADMINISTRATIVE
A. Appoint eligible members of the community to serve in vacant positions on City
advisory boards. The following openings exist:
Arts Commission: 2 alternates
Building Board of Adjustment and Appeals: 2 regulars and 2 alternates
Code Compliance Board: 2 alternates
Community Relations Board: 3 regulars and 1 alternate
Education & Youth Advisory Board: 1 alternate
3 of 1102
Financial Advisory Committee: 2 regulars and 2 alternates
Historic Resource Preservation Board: 1 alternate
Library Board: 2 alternates
Recreation and Parks Board: 1 regular and 1 alternate
Planning and Development Board: 1 regular and 2 alternates
Senior Advisory Board: 1 regular and 1 alternate
Veterans Advisory Commission: 1 regular
6. CONSENT AGENDA
Matters in this section of the Agenda are proposed and recommended by the
City Manager for "Consent Agenda" approval of the action indicated in each
item, with all of the accompanying material to become a part of the Public
Record and subject to staff comments
PROPOSED RESOLUTION NO. R13-109
A. - Approve and authorize signing of
an Agreement for Water Service outside the City Limits with Florida Education
Properties Toscana LLC, for the property at 4945 Via Bari, Lake Worth, FL.
This property will contain a pre-school.
PROPOSED RESOLUTION NO. R13-110
B. - Approve payment of $27,506.85
for the annual renewal of the Grants Network Master Subscription and Service
Agreement with eCivis and authorize the City Manager to execute the
agreement.
C. Authorize the Finance Department to reduce the Allowance for Uncollectible
Accounts and the Accounts Receivable Accounts by $755,213.93. This
amount reflects unpaid Utility and Solid Waste billings that have been in
collections for 18 months or longer.
PROPOSED RESOLUTION NO. R13-111
D. - Approve piggyback of Solid Waste
Authority's (SWA) Agreement No. 13-249 for Hurricane/Disaster Debris
Removal, Reduction and Disposal with the same terms and conditions.
PROPOSED RESOLUTION NO. R13-112
E. - Authorize the City Manager to
execute the Agreement between the City of Boynton Beach and Philips &
Jordan for hurricane/disaster debris removal as provided for under the Solid
Waste Authority’s Agreement No. 13-249 with the same terms and conditions.
This will be used on an "As-Needed Basis" in the event of a
disaster/emergency situation.
F. Approve the minutes from the Regular City Commission meeting held on
October 1, 2013
G. Approve request from Modern Midways for the Boynton Beach Mall Fall
Carnival. Applicant: Robert Briggs.
H. Approve award for the "ANNUAL SUPPLY OF POLYPHOSPHATE TYPE
CORROSION INHIBITORS", BID No. 074-2821-13/JMA, to American Water
Chemicals, Inc. of Plant City, FL as the lowest, most responsive bidder meeting
4 of 1102
all specifications. The estimated annual expenditure for this chemical is
$50,000.
I. Accept the written report to the Commission for purchases over $10,000 for the
month of September 2013.
PROPOSED RESOLUTION NO. R13-113
J. - Amending Planning and Zoning
Fee Schedule, changes to become effective immediately.
PROPOSED RESOLUTION NO. R13-114
K. - Authorize the City Manager to
execute a City Administrative Agreement with The United States Mayor
Enterprises, Inc., a wholly owned subsidiary of The U.S. Conference of
Mayors(USCM), to participate in their deferred compensation and retirement
products and services; To include execution of documents required by the U.S.
Mayor Enterprises, Inc. selected vendor.
L. Approve and ratify the Collective Bargaining Agreement for the Boynton Beach
Fire Fighters and Paramedics, IAFF Local 1891 of the International Association
of Fire Fighters, AFL-CIO, CLC and the City.
M. Approve the annual blanket purchase order request for an estimated total
annual expense of $69,463 to Simplex-Grinnell for fire alarm/sprinkler
monitoring, inspections, and service/repairs in various City facilities. Simplex-
Grinnell is an authorized vendor via the General Services Administration (GSA)
Contract #GS-07F-0396M.
N. Approve the annual blanket purchase order request for an estimated total
annual expense of $28,750 to Thyssen-Krupp Elevator for elevator annual
inspections and service/repairs in various City facilities. Thyssen-Krupp is an
authorized vendor via The Cooperative Purchasing Network (TCPN) Contract
#R5042.
7. BIDS AND PURCHASES OVER $100,000
A. Approve the purchase of an Equature Digital Voice Recorder for the Police and
Fire Communications Center by utilizing the GSA Pricing Contract Number GS-
03F-0023T with DSS Corporation for $134,490 (payable over 5 years).
B. Approve utilizing the State of Florida Contract Number 425-001-12-1 with
Watson Furniture Group Inc. for $170,444.16 for the purchase of 10 dispatch
console stations and 19 lockers for the Police and Fire Communications
Center.
C. Approve the purchase of 5 MCC7500 IP Dispatch Radio Consoles from
Motorola Inc. in the amount of $264,664 as a sole source purchase.
PROPOSED RESOLUTION NO. R13-115
D. - Award a Two Year Contract for
School Crossing Guard Services, Bid No. 076-2110-13/JMA to Action Labor
Management LLC dba Staffing Connections of West Palm Beach, Florida as
5 of 1102
the lowest, most responsive, responsible bidder meeting all bid specifications
for an estimated annual expenditure of $300,000.
E. Approve a Three Year Extension to the Processing Agreement between Sun
Recycling, LLC (SUN) and the City of Boynton Beach for the transfer of
recycling material to include yard waste, mixed recyclables and construction
and demolition debris.
PROPOSED RESOLUTION NO. R13-116
F. - Approve the piggyback of City of
Pompano Beach Bid #H-50-13 with Yamaha Golf Cart Company for the
purchase of Eighty-Five (85) 2014 Yamaha Electric Golf Carts and Four (4)
Electric Ranger Cars for a net purchase price of $298,325 after trade-in
allowance for our current golf carts and authorize the City Manager to execute
financing documents for 48 month financing with a $1 per cart buyout at the
end of the lease term.
8. CODE COMPLIANCE & LEGAL SETTLEMENTS
A. Approve negotiated settlement in case of Morton Goldstein v. City of Boynton
Beach.
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. Request for Master Plan Modification (MPMD 13-001) and Conditional Use
(COUS 13-002) approval intended to allow construction of a freestanding
restaurant with drive-through facility consisting of 2,024 square feet; and
related site improvements at the Cross Creek Centre, 1301 West Boynton
Beach Boulevard, within a PCD (Planned Commercial Development) zoning
(TABLED
district. Applicant: Michael Janoura of Cross Creek Boynton, LLC.
ON SEPTEMBER 17TH)
B. Approve Major Site Plan Modification (MSPM 13-003) request to construct a
3,332 square foot, one-story veterinary clinic for natural and holistic animal
care, located at 222 West Boynton Beach Boulevard, within a C-2
(Neighborhood Commercial) zoning district. Applicant: Nancy Keller, DVM..
C. Approve New Site Plan (NWSP 13-003) request to allow construction of a 4-
story Hotel with 93 guest rooms and related site improvements at 2001 West
Ocean Drive in the C-3 (Community Commercial) zoning district. Applicant:
Hardial Sibia of Boynton Holdings, LLC.
D. Approve the request for an 18-month extension of the approved site plan
(NWSP 06-002) for the Tuscan Villas project located on the east side of South
Federal Highway, approximately 1,100 feet north of Gulfstream Boulevard.
Applicant: Brian Cheguis of Cotleur & Hearing.
6 of 1102
PROPOSED ORDINANCE NO. 13-029 - FIRST READING
E. - Amending the
Land Development Regulations updating the Zoning Use Matrix to include
Showroom/Warehouses as a new principal use and provide definition and
Request to Table to November 5, 2013
regulations. Applicant: City-initiated -
10. CITY MANAGER’S REPORT
A. Approve an increase in estimated fees for Phase 2 of the agreement with
DavenportLawrence for Project Management Services for Utility Water Meter
Technology Migration for (a) Transitional Project Management Services, (b)
AMI Meter Infrastructure Project Management and (c) Process and People
Design Change Aligned with Customer Information Systems in the amount of
$130,000 revising the estimated fees from $212,500 to $342,500.
11. UNFINISHED BUSINESS
None
12. NEW BUSINESS
A. Discussion regarding term limits for City of Boynton Beach elected officials.
B. Consideration of renaming of Oceanfront Park
13. LEGAL
PROPOSED ORDINANCE NO. 13-030 - FIRST READING
A. - Approve
Ordinance providing for use of Special Magistrate for Code Enforcement/Lien
Reduction Matters
PROPOSED ORDINANCE NO. 13-024 - SECOND READING - PUBLIC
B.
HEARING
- Request abandonment of portions of a 12 foot-wide Utility
Easement located at Compson Place at Renaissance Commons, 1831
Renaissance Commons Boulevard, zoned SMU (Suburban Mixed Use).
Applicant: Anthony Comparato, Compson Place Apartments, LLC.
PROPOSED ORDINANCE NO. 13-028 - SECOND READING - PUBLIC
C.
HEARING
- Adopt the update to the Boynton Beach Administrative
Amendments to the 2010 Florida Building Code adding a manufacturing
equipment permit valuation exemption.
14. FUTURE AGENDA ITEMS
A. Consideration of providing the Boynton Beach Community Redevelopment
Agency Board the authority to act as a review and recommendation body for
major site plan applications for projects located within the CRA District
boundaries. - 11/5/13
7 of 1102
B. Approving an Ordinance amending the General Employees Pension Plan to
include amendments that were made during the last legislative session to the
Florida Statutes effecting pension plans - 11/5/13
C. Discussion of parking fee collection and maintenance at Oceanfront Park -
11/5/13
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.
8 of 1102
3. A
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
October 15, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 15, 2013
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Announce the request from the Recreation & Parks
EQUESTED CTION BY ITY OMMISSION
Department for nominations for the Holiday Parade Grand Marshal.
ER:
The Holiday Parade Grand Marshal is someone who has
XPLANATION OF EQUEST
made a lasting impact or significant contribution to the Boynton Beach Community. It is
an outstanding individual who exhibits community leadership, acting as a mentor or
contributing personal efforts that reflect positively on our community. The Recreation &
Parks Department is accepting nominations for the Grand Marshal through October 22,
2013. Nomination forms can be received by contacting the Department, or can be
completed online. The Recreation & Parks Advisory Board will then review the
nominations and select the Grand Marshal.
H?
This will have no affect on City
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
programs or services.
FI:
N/A
ISCAL MPACT
A:
Do not make the announcement.
LTERNATIVES
9 of 1102
3. B
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
October 15, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 15, 2013
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Proclaim the Month of October as National Arts
EQUESTED CTION BY ITY OMMISSION
and Humanities Month for the City of Boynton Beach. Deborah Bottorff, Arts Commission Chair,
will accept the proclamation.
ER:
The month of October has been recognized as National Arts and
XPLANATION OF EQUEST
Humanities Month by thousands of arts and cultural organizations, communities and states throughout the
country. Cities, counties, and states through their local and state agencies and representing thousands of
cultural organizations, have celebrated the value and importance of culture in the lives of Americans and
the health of thriving communities during National Arts and Humanities Month. In October 2005, the
City of Boynton Beach adopted an Art in Public Places Program, and supports the program through the
guidance and authority of the Arts Commission, which has consistently recognized the importance of this
industry.
H?
This Proclamation will help raise
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
awareness of arts and culture in the City of Boynton Beach.
FI:
Increased awareness of Arts and Culture in the City of Boynton Beach will contribute
ISCAL MPACT
to growth in tourism and economic development.
A:
Not toproclaim October as National Arts and Humanities Month for the City of
LTERNATIVES
Boynton Beach.
10 of 1102
Proclamation
WHEREAS, the month of October has been recognized as National Arts and Humanities Month
by thousands of arts and cultural organizations, cities and states throughout the country, as
well as by the White House, for more than two decades; and
WHEREAS, these agencies have celebrated the value and importance of culture in the lives of
Americans and the health of thriving communities during National Arts and Humanities Month;
and
WHEREAS, the arts and humanities affect every aspect of life in America today, including the
economy, social problem solving, job creation, education, creativity community livability and
cultural tourism; and
WHEREAS, it is known that the arts are magnets for tourists and that local businesses reap the
financial rewards of the increased spending they bring to local economies. The arts and culture
industry is also a cornerstone of tourism and economic development in America; and
WHEREAS, Since October 5, 2005, the City of Boynton Beach adopted and supported its Art in
Public Places Program, and through the guidance and authority of the Arts Commission, has
consistently recognized the importance of this industry.
NOW, THEREFORE, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City
of Boynton Beach, Florida, proclaim the month of October 2013 as:
National Arts and Humanities Month
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Boynton
Beach, Florida, to be affixed at Boynton Beach, Florida, the 15th day of October Two Thousand
and Thirteen.
_______________________
Jerry Taylor, Mayor
ATTEST:
____________________________
Janet M. Prainito, CMC, City Clerk
(Corporate Seal)
11 of 1102
3. C
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
October 15, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 15, 2013
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Announcement of the Boynton Beach Community
EQUESTED CTION BY ITY OMMISSION
Redevelopment Agency's (CRA) Pirate Fest and Mermaid Splash Days scheduled for October
26 - 27, 2013.
nd
ER:
The 2 Annual Boynton Beach Pirate Fest and Mermaid
XPLANATION OF EQUEST
thth
Splash will be held on October 26 and 27.
thth
On Saturday, October 26 and Sunday, October 27, the event will begin at 10:00 a.m.
and include 3 stages of continuous live music, children’s activities, pirate reenactments,
pirate stunt shows and parades. Craft and food vendors, including local artists and
restaurants, will be on-site.
th
New this year is a Mermaid Splash, added to the evening of the Saturday, October 26,
beginning at 5:00 p.m. at 129 East Ocean Avenue, with a walking Mermaid Parade. The
Parade will continue down East Ocean Avenue, across Federal Highway to the
Boynton Harbor Marina, and across the Street to 640 East Ocean Avenue (Ocean
th
Plaza) cumulating at Ocean Avenue and 4 Avenue. Each area will feature
entertainment. A complimentary trolley shuttle will be available.
th
On Sunday, October 27, the Pirate Fest will end at 5:00 p.m. The Pirate Fest will take
place on East Ocean Avenue, between Seacrest and NE 1Street. This event is FREE
st
to the public. There is ample free parking available in the surrounding areas.
Everyone is encouraged to participate in the “pirate/mermaid nostalgic maritime” theme
by dressing in costume!
12 of 1102
The Schoolhouse Children’s Museum and Learning Center will present a Spooktacular
Haunted (School) House, both days, 10:00 a.m. to 5:00 p.m. The cost to attend is the
admission fee to the Schoolhouse Children’s Museum.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
CRA Budget – line item 02-58500-480
ISCAL MPACT
A:
Do not allow announcement.
LTERNATIVES
13 of 1102
5. A
ADMINISTRATIVE
October 15, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 15, 2013
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Appoint eligible members of the community to
EQUESTED CTION BY ITY OMMISSION
serve in vacant positions on City advisory boards. The following openings exist:
Arts Commission: 2 alternates
Building Board of Adjustment and Appeals: 2 regulars and 2 alternates
Code Compliance Board: 2 alternates
Community Relations Board: 3 regulars and 1 alternate
Education & Youth Advisory Board: 1 alternate
Financial Advisory Committee: 2 regulars and 2 alternates
Historic Resource Preservation Board: 1 alternate
Library Board: 2 alternates
Recreation and Parks Board: 1 regular and 1 alternate
Planning and Development Board: 1 regular and 2 alternates
Senior Advisory Board: 1 regular and 1 alternate
Veterans Advisory Commission: 1 regular
.
ER:
The attached list contains the names of those who have
XPLANATION OF EQUEST
applied for vacancies on the various Advisory Boards. A list of vacancies is provided
with the designated Commission member having responsibility for the appointment to fill
each vacancy.
H?
Appointments are necessary to
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
keep our Advisory Boards full and operating as effectively as possible.
FI:
None
ISCAL MPACT
14 of 1102
A:
Allow vacancies to remain unfilled.
LTERNATIVES
15 of 1102
16 of 1102
17 of 1102
18 of 1102
19 of 1102
20 of 1102
6. A
CONSENT AGENDA
October 15, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 15, 2013
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R13-109 -
EQUESTED CTION BY ITY OMMISSION
Approve and authorize signing of an Agreement for Water Service outside the City Limits with
Florida Education Properties Toscana LLC, for the property at 4945 Via Bari, Lake Worth, FL.
This property will contain a pre-school.
ER:
Water service areas have been designated between the
XPLANATION OF EQUEST
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 south of Hypoluxo Road
between S. Military Trail and S. Jog Road.
The property historically receives water from a well and the owner now requests that we
provide potable water in the future.
H?
The City is able to provide water to
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
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.
FI:
Customers outside the City limits pay an additional 25% surcharge
ISCAL MPACT
above the water rates charged to customers within the City.
21 of 1102
A:
Deny request to provide service. If service is denied the Consumptive
LTERNATIVES
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”.
22 of 1102
RESOLUTION NO. R13-
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 FLORIDA EDUCATION PROPERTIES
TOSCANA LLC; PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the subject property is located outside of the City limits, but within our
water and sewer service area, at 4945 Via Bari, Lake Worth, Florida (PCN: 00-42-45-12-00-000-
3040); and
WHEREAS
, the parcel covered by this agreement is located in unincorporated Palm
Beach County portion of the City’s utility service area and will be used for a pre-school; 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 City Manager to
execute a Water Service Agreement between the City of Boynton Beach, Florida and Florida
Education Properties Toscana, LLC., 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 October, 2013.
23 of 1102
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
_______________________________
Vice Mayor – Woodrow L. Hay
_______________________________
Commissioner – David T. Merker
________________________________
Commissioner – Michael M. Fitzpatrick
_______________________________
Commissioner – Joe Casello
ATTEST:
____________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
24 of 1102
25 of 1102
26 of 1102
27 of 1102
28 of 1102
29 of 1102
30 of 1102
31 of 1102
32 of 1102
33 of 1102
34 of 1102
35 of 1102
6. B
CONSENT AGENDA
October 15, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 15, 2013
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R13-110 -
EQUESTED CTION BY ITY OMMISSION
Approve payment of $27,506.85 for the annual renewal of the Grants Network Master
Subscription and Service Agreement with eCivis and authorize the City Manager to execute the
agreement.
AT:N1,2013–O31,2014
GREEMENT ERM OVEMBER CTOBER
ER:
The City of Boynton Beach Grants Team has been
XPLANATION OF EQUEST
successfully using eCivis’ grant management products to research and track grant
opportunities and awards for the past twelve years.
H?
Renewal of the Grants Network
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Master Subscription and Service Agreement will enable the Grants Team members to
continue to efficiently seek grant opportunities and manage grant awards. Grants
Network: Tracking & Reporting web-based system maximizes the coordination of, and
visibility into, the grants process, mitigates turnover issues, increases our award rate,
and centralizes all files. The system provides citywide use and oversight by the Grants
Coordinator and the Finance Department.
Grants Network is designed specifically for local governments and offers much more
than basic grant management. There is no other product that provides access to a
centralized federal, state, local and foundation grant database, grant management and
reporting tools, a training component and organizational wide oversight (see attached
product comparison).
36 of 1102
The Master Subscription and Service Agreement includes access to a database of local,
state and federal grant opportunities, on-line/on-demand training at no additional cost,
news and legislative updates on grant opportunities, and a project level document
repository for our annual single audit. This allows the auditor on-line access to all grant
related documents. This also enables the City to move towards a more paperless
process. Our return on investment is evident year after year as staff researches and
effectively manages federal, state and local grant dollars using eCivis Grants Network.
FI:
In FY 2013, 11 grant awards totaling $1,611,845 were managed by
ISCAL MPACT
departments using eCivis’ Grants Network. In addition to preparing grant applications,
staff closed out 15 federal, state and local grants worth $3,487,637 as projects were
completed.
The City of Boynton Beach receives substantial discounts due to our long standing
relationship in testing grant research and management products with eCivis. The
renewal rate has not increased since FY 2008/09. The total cost for Grant Network
Research, Tracking & Reporting, and KnowledgeBase service is $27,506.85. This
expense is included in the adopted FY2013/2014 General Fund budget and will be
taken from the Grants Team account #001-1210-512-34.34.
A:
Not renew the Master Subscription and Service Agreement and
LTERNATIVES
dramatically decrease our ability to efficiently and effectively seek and manage grants
citywide.
37 of 1102
RESOLUTION NO. R13-____
A RESOLUTION OF THE CITY COMMISSION OF
BOYNTON BEACH, FLORIDA, APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE
THE GRANTS NETWORK MASTER SUBSCRIPTION AND
SERVICE AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH AND ECIVIS, INC IN THE AMOUNT
OF $27,506.85 FOR THE PERIOD OF NOVEMBER 1, 2013
THROUGH OCTOBER 31, 2014; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS
, the City of Boynton Beach Grants Team has successfully been using
eCivis grant management products to research and track grant opportunities and awards for the
past twelve years; and
WHEREAS,
the current Agreement approved by the City Commission in 2012 expires
on October 31, 2013; and
WHEREAS,
the City Commission of the City of Boynton Beach, upon recommendation
of staff, deems it to be in the best interests of the residents and citizens of the City of Boynton
Beach to approve the Grants Network Master Subscription Agreement between the City of
Boynton Beach and eCivis, Inc., and authorize the City Manager to execute the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Each Whereas clause set forth above is true and correct and incorporated
herein by this reference.
Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
approve the Grants Network Master Subscription Agreement between the City of Boynton Beach
and eCivis, Inc. for the term November 1, 2013 through October 31, 2014 in the amount of
$27,506.85, and authorize the City Manager to execute the Agreement, a copy of said Agreement
is attached hereto as Exhibit “A”.
38 of 1102
Section 3. That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED
this _____ day of October, 2013.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Woodrow L. Hay
______________________________
Commissioner – David T. Merker
_______________________________
Commissioner – Michael M. Fitzpatrick
_______________________________
Commissioner – Joe Casello
ATTEST:
_________________________
Janet M. Prainito, MMC,
City Clerk
(Corporate Seal)
39 of 1102
40 of 1102
41 of 1102
42 of 1102
43 of 1102
44 of 1102
45 of 1102
46 of 1102
47 of 1102
6. C
CONSENT AGENDA
October 15, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 15, 2013
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Authorize the Finance Department to reduce the
EQUESTED CTION BY ITY OMMISSION
Allowance for Uncollectible Accounts and the Accounts Receivable Accounts by $755,213.93.
This amount reflects unpaid Utility and Solid Waste billings that have been in collections for 18
months or longer.
EXPLANATION OF REQUEST:
This action should be done annually at a minimum but
the last time it was done was September 21, 2010 for uncollectible accounts thru
September 30, 2009. Since becoming Director of Finance in December 2012, I have
been working with staff to review the accounts that were previously sent to the collection
agency. It is the goal to move towards doing this process semi-annually. It has been
determined that these accounts are unlikely to be collected at this point and the
appropriate action is to write them off completely. Attempts by the City and its
Collection Agency to collect these past due amounts have been exhausted since a
majority of the accounts are from rentals, foreclosures, walk-away/abandonments and
bankruptcy, and the customers have moved from the area. We are working on
enhancing the City collection efforts going forward and plan on reviewing accounts at
collection on a more regular basis to determine viability of collection of old accounts.
The $755,213.93 involves 2,756 accounts for fiscal years 2010 through first quarter of
2012.
The City establishes an amount for the allowance for uncollectible accounts annually
based on overall outstanding receivables both in utility and sanitation funds. By doing
48 of 1102
this the requested write off approval will have no impact on the City’s financial
statements. It is prudent to review at least annually the collectability of accounts that
have been sent to the collection agency to determine the benefit of having the collection
agency continue to attempt to collect the older accounts.
During the period from October 1, 2010 thru first quarter of 2012 the City billed
approximately $112.2 million of charges for Utility and Solid Waste fees. The amount
being deemed uncollectible comprises just over one-half percent (0.67%) of the total
amount billed during that period for water, sewer, stormwater and refuse. Neighboring
municipalities, such as Deerfield Beach, Boca Raton, Delray Beach and Lake Worth
consider an average of 0.50% to 1% loss in uncollected revenues to be acceptable. Our
percentage falls within that value, and is therefore felt to be within the local
governmental standard.
Attached is a schedule of amounts per service type to be written off, a computer
generated report will be available once the system actually writes off the accounts.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES?
None
FISCAL IMPACT:
None since this amount has already been accounted for in the
Allowance for Uncollectible Accounts on the financial statements.
ALTERNATIVES:
Continue to carry the unpaid accounts in the Accounts Receivable
Accounts and the Allowance of Uncollectible Accounts
49 of 1102
50 of 1102
6. D
CONSENT AGENDA
October 15, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 15, 2013
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R13-111 -
EQUESTED CTION BY ITY OMMISSION
Approve piggyback of Solid Waste Authority's (SWA) Agreement No. 13-249 for
Hurricane/Disaster Debris Removal, Reduction and Disposal with the same terms and
conditions.
Contract Period:
October 15, 2013 thru August 20, 2016 with an option to extend the
Agreement until April 20, 2020.
ER:
The Solid Waste Authority approved an Agreement with
XPLANATION OF EQUEST
Phillips and Jordan to provide for Hurricane/Disaster Debris Removal, Reduction and
Disposal. Phillips and Jordan were ranked #1 in the selection process for
hurricane/disaster services subsequent to a protest and re-bid. Article 39 of the
Agreement states “The CONTRACTOR agrees that this Agreement constitutes an offer
to all State Agencies and Political Subdivisions of the State of Florida under the same
terms and conditions, for the same prices and for the same effective period as specified
in this Agreement.” As a result Philips and Jordan have offered the City of Boynton
Beach, Florida to enter into an exclusive agreement as allowed in Article 39.
SWA has complied with public competitive bid requirements that equal or exceed the City of
Boynton Beach's bid requirements
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
By piggybacking this agreement it will allow the City to enter into a mutual aid
agreement with a vendor for this service in order to avoid delays should there be a
hurricane/disaster/emergency situation.
51 of 1102
FI:
Debris removal expenditures are eligible for reimbursement from
ISCAL MPACT
FEMA.
A:
Do not approve this piggyback and have the City issue their own
LTERNATIVES
Bid/RFP.
52 of 1102
RESOLUTION NO. R-13
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPROVING THE PIGGY-
BACKING OF A THREE YEAR AGREEMENT (NO. 13-249)
BETWEEN THE SOLID WASTE AUTHORITY OF PALM BEACH
COUNTY AND PHILLIPS AND JORDAN, INC., FOR
HURRICANE/DISASTER DEBRIS REMOVAL, REDUCTION AND
DISPOSAL; PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the Solid Waste Authority approved an Agreement (No. 13-249) with
Phillips and Jordan, Inc., to provide for Hurricane/Disaster Debris Removal, Reduction and
Disposal for a period of three (3) years from August 21, 2013 to August 20, 2016, with an
option to extend until August 20, 2020; and
WHEREAS,
upon recommendation of staff, the City Commission has determined
that it is in the best interests of the residents of the City to approve the piggy-backing of a
three (3) year Agreement (No. 13-249) of the Solid Waste Authority’s Agreement with
Phillips and Jordan, Inc., for Hurricane/Disaster Debris Removal, Reduction and Disposal.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Each Whereas clause set forth above is true and correct and
incorporated herein by this reference.
Section 2. The City Commission hereby approves the piggy-backing of a three
(3) year Agreement (No. 13-249) of the Solid Waste Authority’s Agreement with Phillips
and Jordan, Inc., for Hurricane/Disaster Debris Removal, Reduction and Disposal.
Section 3. That this Resolution shall become effective immediately.
PASSED AND ADOPTED
this _____ day of October, 2013.
CITY OF BOYNTON BEACH, FLORIDA
53 of 1102
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Woodrow L. Hay
______________________________
Commissioner – David T. Merker
_______________________________
Commissioner – Michael M. Fitzpatrick
_______________________________
Commissioner – Joe Casello
ATTEST:
_____________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
54 of 1102
55 of 1102
56 of 1102
57 of 1102
58 of 1102
59 of 1102
60 of 1102
61 of 1102
62 of 1102
63 of 1102
64 of 1102
65 of 1102
66 of 1102
67 of 1102
68 of 1102
69 of 1102
70 of 1102
71 of 1102
72 of 1102
73 of 1102
74 of 1102
75 of 1102
76 of 1102
77 of 1102
78 of 1102
79 of 1102
80 of 1102
81 of 1102
82 of 1102
83 of 1102
84 of 1102
85 of 1102
86 of 1102
87 of 1102
88 of 1102
89 of 1102
90 of 1102
91 of 1102
92 of 1102
93 of 1102
94 of 1102
95 of 1102
96 of 1102
97 of 1102
98 of 1102
99 of 1102
100 of 1102
101 of 1102
102 of 1102
103 of 1102
104 of 1102
105 of 1102
106 of 1102
107 of 1102
108 of 1102
109 of 1102
110 of 1102
111 of 1102
6. E
CONSENT AGENDA
October 15, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 15, 2013
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R13-112 -
EQUESTED CTION BY ITY OMMISSION
Authorize the City Manager to execute the Agreement between the City of Boynton Beach and
Philips & Jordan for hurricane/disaster debris removal as provided for under the Solid Waste
Authority’s Agreement No. 13-249 with the same terms and conditions. This will be used on an
"As-Needed Basis" in the event of a disaster/emergency situation.
Contract Period:
October 15, 2013 thru August 20, 2016 with an option to extend the
Agreement until April 20, 2020, in accordance with SWA’s Agreement with Phillips & Jordan.
ER:
The Solid Waste Authority approved an Agreement with
XPLANATION OF EQUEST
Phillips and Jordan to provide for Hurricane/Disaster Debris Removal, Reduction and
Disposal. Phillips and Jordan were ranked #1 in the selection process for
hurricane/disaster services. Article 39 of the Agreement states “The CONTRACTOR
agrees that this Agreement constitutes an offer to all State Agencies and Political
Subdivisions of the State of Florida under the same terms and conditions, for the same
prices and for the same effective period as specified in this Agreement.” As a result
Philips and Jordan have offered the City of Boynton Beach, Florida to enter into an
exclusive agreement as allowed in Article 39.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Entering into this Agreement is imperative in order to avoid delays should there be a
hurricane/disaster/emergency situation.
FI:
Debris removal expenditures are eligible for reimbursement from
ISCAL MPACT
FEMA.
112 of 1102
A:
Do not approve this Agreement and have the City issue their own
LTERNATIVES
Bid/RFP.
113 of 1102
RESOLUTION NO. R13-____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPROVING A THREE (3) YEAR
AGREEMENT WITH PHILLIPS & JORDAN, INC., FOR
HURRICANE/DISASTER DEBRIS REMOVAL, REDUCTION AND
DISPOSAL SERVICES BEGINNING OCTOBER 15, 2013
THROUGH AUGUST 20, 2016 WITH AN OPTION TO RENEW TO
BE USED ON AN “AS-NEEDED” BASIS AND AUTHORIZING THE
CITY MANAGER TO EXECUTE THE AGREEMENT; PROVIDING
AN EFFECTIVE DATE.
WHEREAS,
due to the critical nature of this service it is imperative to have a
contract in place in order to avoid delays should there be a hurricane/disaster/emergency
situation; and
WHEREAS
, the Solid Waste Authority approved an Agreement (No. 13-249) with
Phillips and Jordan, Inc., to provide for Hurricane/Disaster Debris Removal, Reduction and
Disposal for a period of three (3) years from August 21, 2013 to August 20, 2016, with an
option to extend until August 20, 2020 to be utilized on an “as needed basis”.
WHEREAS,
upon recommendation of staff, the City Commission has determined
that it is in the best interests of the residents of the City to approve a three (3) year
Agreement with Phillips and Jordan, Inc., for Hurricane/Disaster Debris Removal, Reduction
and Disposal to be used on an “as-needed” basis.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Each Whereas clause set forth above is true and correct and
incorporated herein by this reference.
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
approves a three (3) year Contract with Phillips and Jordan, Inc., for Hurricane/Disaster
114 of 1102
Debris Removal, Reduction and Disposal to be used on an “as-needed” basis commencing
October 15, 2013 through August 20, 2016 with an option to renew until August 20, 2020, a
copy of which is attached hereto as Exhibit “A”.
Section 3. The City Manager is authorized to execute the Agreement with
Phillips and Jordan, Inc.
Section 4. That this Resolution shall become effective immediately.
PASSED AND ADOPTED
this _____ day of October, 2013.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Woodrow L. Hay
______________________________
Commissioner – David T. Merker
_______________________________
Commissioner – Michael M. Fitzpatrick
_______________________________
Commissioner – Joe Casello
ATTEST:
_____________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
115 of 1102
116 of 1102
117 of 1102
118 of 1102
119 of 1102
120 of 1102
121 of 1102
122 of 1102
123 of 1102
124 of 1102
125 of 1102
126 of 1102
127 of 1102
128 of 1102
129 of 1102
130 of 1102
131 of 1102
132 of 1102
133 of 1102
134 of 1102
135 of 1102
136 of 1102
137 of 1102
138 of 1102
139 of 1102
140 of 1102
141 of 1102
142 of 1102
143 of 1102
144 of 1102
145 of 1102
146 of 1102
147 of 1102
148 of 1102
149 of 1102
150 of 1102
151 of 1102
152 of 1102
153 of 1102
154 of 1102
155 of 1102
156 of 1102
157 of 1102
158 of 1102
159 of 1102
160 of 1102
161 of 1102
162 of 1102
163 of 1102
164 of 1102
165 of 1102
166 of 1102
167 of 1102
168 of 1102
169 of 1102
170 of 1102
171 of 1102
172 of 1102
173 of 1102
6. F
CONSENT AGENDA
October 15, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 15, 2013
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve the minutes from the Regular City
EQUESTED CTION BY ITY OMMISSION
Commission meeting held on October 1, 2013
The City Commission met on October 1, 2013 and minutes were prepared from the
notes taken at the meeting. The Florida Statutes provide that minutes of all
Commission meetings be prepared, approved and maintained in the records of the City
of Boynton Beach.
H?
A record of the actions taken by
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
the City Commission will be maintained as a permanent record.
FI:
N/A
ISCAL MPACT
A:
N/A
LTERNATIVES
174 of 1102
175 of 1102
176 of 1102
177 of 1102
178 of 1102
179 of 1102
180 of 1102
181 of 1102
182 of 1102
183 of 1102
184 of 1102
185 of 1102
186 of 1102
187 of 1102
188 of 1102
189 of 1102
190 of 1102
191 of 1102
6. G
CONSENT AGENDA
October 15, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 15, 2013
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve request from Modern Midways for the
EQUESTED CTION BY ITY OMMISSION
Boynton Beach Mall Fall Carnival. Applicant: Robert Briggs.
ER: Mr. Robert Briggs, of Modern Midways, has submitted an
XPLANATION OF EQUEST
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 6 years, as previously 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 like car sales and carnivals. This agreement
expired in May of 2012, therefore prompting staff to again 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 appear
to 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
th rd
October 25through November 3. The carnival would operate similar to previous
events, until 10 pm on weekday nights (including Sundays), and until 11 pm on
weekends (Friday and Saturday evenings). The carnival would generally open at 5 pm
on weekdays and at 1 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
192 of 1102
special events application by city staff, including the restriction on overnight presence by
general carnival employees, except for anyone specifically present for security
purposes.
H? N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI: N/A
ISCAL MPACT
A: Not approve subject request.
LTERNATIVES
193 of 1102
6. H
CONSENT AGENDA
October 15, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 15, 2013
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve award for the "ANNUAL SUPPLY OF
EQUESTED CTION BY ITY OMMISSION
POLYPHOSPHATE TYPE CORROSION INHIBITORS", BID No. 074-2821-13/JMA, to
American Water Chemicals, Inc. of Plant City, FL as the lowest, most responsive bidder meeting
all specifications. The estimated annual expenditure for this chemical is $50,000.
BID TERM:
October 15, 2013 through October 14, 2014.
ER:
XPLANATION OF EQUEST
On August 21, 2013, Procurement Services received and opened seven bid proposals
for the supply of polyphosphate type corrosion inhibitors. The bids were solicited based
on an average flow of six (6) million gallons per day (MGD) at the East Water Treatment
Plant (East WTP) and an average flow of 8 MGD at the West Water Treatment Plant
(West WTP), along with important chemical criteria specified.
Based on the bid submittals, Utility Department Staff recommends that the bid be
awarded to American Water Chemicals, Inc. The bid term is for a period of one (1) year
and provides a renewal option to extend the bid at the same terms, conditions and price
for three (3) additional one-year periods. Bid renewals will be subject to vendor
acceptance, satisfactory performance, and determination that renewal will be in the best
interest of the City of Boynton Beach.
Polyphosphate corrosion inhibitors are used at both water treatment plants for
sequestering iron, manganese and calcium, and for stabilizing the water in the
distribution system. In doing so, pipe interiors are protected from the buildup of scale as
194 of 1102
well as well corrosion. The City of Boynton Beach has been piggybacking a Charlotte
County Bid for polyphosphate corrosion inhibitors for the water treatment plants.
H?
Little or no polyphosphate usage
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
would pose great risks to the City’s water distribution infrastructure as the potential for
scaling and/or corrosion of pipes would dramatically increase.
FI:
Funds are budgeted in account: 401-2811-536-52-35. Recent fiscal
ISCAL MPACT
expenditures are as follow:
• FY 10/11 - $47,503
• FY 11/12 - $43,228
• FY 12/13 - $51,270
A:
The City of Boynton Beach could look for other government bids to
LTERNATIVES
piggyback for the purchase of polyphosphate.
195 of 1102
196 of 1102
197 of 1102
198 of 1102
199 of 1102
200 of 1102
201 of 1102
202 of 1102
203 of 1102
204 of 1102
205 of 1102
206 of 1102
207 of 1102
208 of 1102
209 of 1102
210 of 1102
211 of 1102
212 of 1102
213 of 1102
214 of 1102
215 of 1102
216 of 1102
217 of 1102
218 of 1102
219 of 1102
220 of 1102
221 of 1102
222 of 1102
223 of 1102
224 of 1102
225 of 1102
226 of 1102
227 of 1102
228 of 1102
229 of 1102
230 of 1102
231 of 1102
232 of 1102
233 of 1102
6. I
CONSENT AGENDA
October 15, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 15, 2013
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Accept the written report to the Commission for
EQUESTED CTION BY ITY OMMISSION
purchases over $10,000 for the month of September 2013.
ER:
Per Ordinance No.01-66, Chapter 2, Section 2-56.1
XPLANATION OF EQUEST
Exceptions to competitive bidding, Paragraph b, which states: “Further, the City
Manager, or in the City Manager’s absence, the Acting City Manager is authorized to
execute a purchase order on behalf of the City for such purchases under the $25,000
bid threshold for personal property, commodities, and services, or $75,000 for
construction. The City Manager shall file a written report with the City Commission at
the second Commission meeting of each month listing the purchase orders approved by
the City Manager, or Acting City Manager. Below is a list of the purchases for
September 2013:
Purchase Order Vendor Amount
131034 Xylem Water Solutions USA $ 15,826.30
131043 Fine Line Striping $ 20,955.00
H?
Ordinance No.01-66, Chapter 2,
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Section 2-56.1 assists departments in timely procurement of commodities, services, and
personal property. Administrative controls are in place with the development of a
special processing form titled “Request for Purchases over $10,000” and each purchase
request is reviewed and approved by the Department Director, Finance Department,
and City Manager.
FI:
This Ordinance provides the impact of reducing paperwork by
ISCAL MPACT
streamlining processes within the organization. This allows administration to maintain
234 of 1102
internal controls for these purchases, reduce the administrative overhead of processing
for approval, and allow for making more timely purchases.
A:
None
LTERNATIVES
235 of 1102
236 of 1102
237 of 1102
238 of 1102
239 of 1102
240 of 1102
241 of 1102
242 of 1102
243 of 1102
244 of 1102
245 of 1102
246 of 1102
247 of 1102
248 of 1102
249 of 1102
250 of 1102
251 of 1102
252 of 1102
253 of 1102
254 of 1102
255 of 1102
256 of 1102
257 of 1102
258 of 1102
259 of 1102
260 of 1102
6. J
CONSENT AGENDA
October 15, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 15, 2013
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R13-113 -
EQUESTED CTION BY ITY OMMISSION
Amending Planning and Zoning Fee Schedule, changes to become effective immediately.
ER:
Commission approved amendments to the Land
XPLANATION OF EQUEST
Development Regulations governing Mobile Vending at the October 1, 2013, meeting.
This amendment will add fees associated with the review of Mobile Vending Units,
Mobile Vending Site permits, and Mobile Vending Assembly permits, to the Planning
and Zoning Fee Schedule.
H?
Proposed fees are consistent with
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
current programs and services and in particular, further the implementation of the City’s
Mobile Vending regulations.
FI:
Revenue increase, estimated at approximately $3,000 annually.
ISCAL MPACT
A:
None recommended as these fees are necessary to recover costs of
LTERNATIVES
processing MVU applications.
261 of 1102
RESOLUTION NO. R13-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE
PLANNING AND ZONING FEE SCHEDULE, AND
PROVIDING AN EFFECTIVE DATE
WHEREAS
, The City Commission for the City of Boynton Beach last adopted a Fee
Schedule for Land Development Activities on June 18, 2013, pursuant to the adoption of
Resolution No. R13-049; and
WHEREAS
, the City Commission approved amendments to the Land Development
Regulations governing Mobile Vending at the October 1, 2013 Commission meeting; and
WHEREAS
, this amendment will add fees associated with the review of Mobile
Vending Units, Mobile Vending Site permits and Mobile Vending Assembly permits to the
Planning and Zoning Fee Schedule; and
WHEREAS
, the City Commission for the City of Boynton Beach finds that the adoption
of this revised fee schedule is necessary and is in the best interest of the health, safety and
welfare of the citizens or residents of Boynton Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1.
The above referenced whereas clauses are incorporated herein by
reference.
Section 2.
The fees for Land Development related activities attached hereto as
Exhibit “A”, incorporated herein by reference, is hereby adopted as the fee schedule for those
related activities as indicated on the fee schedule. A copy of the fee schedule shall be maintained
in the City Clerk’s office as well as the Planning and Zoning Department.
Section 3.
This Resolution shall become effective immediately upon its passage and
adoption.
PASSED AND ADOPTED
this _______ day of October, 2013.
262 of 1102
CITY OF BOYNTON BEACH, FLORIDA
____________________________________
Mayor – Jerry Taylor
____________________________________
Vice-Mayor – Woodrow L. Hay
____________________________________
Commissioner – David T. Merker
____________________________________
Commissioner – Michael M. Fitzpatrick
____________________________________
Commissioner – Joe Casello
ATTEST:
________________________________
Janet M. Prainito, MMC, City Clerk
(Corporate Seal)
263 of 1102
264 of 1102
265 of 1102
266 of 1102
6. K
CONSENT AGENDA
October 15, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 15, 2013
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R13-114 -
EQUESTED CTION BY ITY OMMISSION
Authorize the City Manager to execute a City Administrative Agreement with The United States
Mayor Enterprises, Inc., a wholly owned subsidiary of The U.S. Conference of Mayors(USCM),
to participate in their deferred compensation and retirement products and services; To include
execution of documents required by the U.S. Mayor Enterprises, Inc. selected vendor.
ER:
The City Commission approved Resolution 82-C on January
XPLANATION OF EQUEST
5, 1982 adopting the U.S. Conference of Mayors (USCM) Deferred Compensation
Program and their attendant investment options by entering into an Administrative
Service Agreement. This established a Deferred Compensation Program for the City of
Boynton Beach for voluntary participation of all eligible City employees, elected officials
and independent contractors.
The agreement provided for the use of the U.S. Conference of Mayors selected vendor,
Nationwide Life Insurance Company.
The U.S. Conference of Mayors in 2012 made the decision to end their relationship with
Nationwide Life Insurance Company and entered into an agreement with Great-West as
the Program Vendor for deferred compensation and retirement solutions. This Program
is sponsored by the U.S. Conference of Mayors and is available to cities and other local
government agencies and to their employees.
The USCM selected Great-West based upon an extensive review of benefits, cost
structures, product offerings, and supporting services in this market. Under the USCM’s
267 of 1102
program with Great-West the cities and other local government agencies will realize the
following:
Elimination of administrative fees, meaning more of the employees’ dollars will go
toward their retirement savings;
Enhanced education services and communications materials, including face-to-
face and online seminars;
An expanded lineup of quality investment options, including target date funds and
a guaranteed lifetime withdrawal benefit; and
New account management tools available 24/7 through the Program’s new
website www.USCMRetire.org/transition and an automated voice response
system 1-888-303-USCM.
If the City wishes to continue with their participation in the U.S. Conference of Mayors
sponsored Deferred Compensation Program, a new City Administrative Agreement will
need to be executed and the City will also change vendors from Nationwide Life
Insurance Company to Great West Retirement Services of Greenwood Village, CO.
H?
The execution of this Agreement
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
will require the City to move all employees’ accounts that are presently with Nationwide
and establish employee accounts with Great West Retirement Services. This may
involve the execution of additional documents by the City Manager with Great West
Retirement Services in order to establish the deferred compensation program with
Great West Retirement Services.
Great West will develop and implement a transition plan in order to educate employees
and guide them through the processing of transferring their accounts to Great West.
FI:
This is a voluntary program so there will be no fiscal impact to the City.
ISCAL MPACT
A:
Do not enter into this City Administrative Agreement and enter into an
LTERNATIVES
individual agreement with Nationwide or another vendor, which may require a formal
bid.
268 of 1102
RESOLUTION NO. R13-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE CITY MANAGER AND CITY CLERK TO EXECUTE A LOCAL
GOVERNMENT EMPLOYER ADMINISATRATIVE AGREEMENT
WITH U.S. MAYOR ENTERPRISES, INC., TO PARTICIPATE IN
THEIR DEFERRED COMPENSATION AND RETIREMENT
PRODUCTS AND SERVICES, INCLUDING THE EXECUTION OF
DOCUMENTS REQUIRED BY THE SELECTED VENDOR; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the City of Boynton Beach approved Resolution 82-C on January 5, 1982
adopting the U.S. Conference of Mayors Deferred Compensation Program and their attendant
investment options by entering into an Administrative Service Agreement; and
WHEREAS,
this established a Deferred Compensation Program for the City of Boynton
Beach for voluntary participation of all eligible City employees, elected officials and
independent contractors; and
WHEREAS,
the U.S. Conference of Mayors has ended their relationship with its vendor,
Nationwide Life Insurance Company and entered into an agreement with Great-West as the
Program Vendor for deferred compensation and retirement solutions, which requires the City to
enter into a new Local Government Administrative Agreement; and
WHEREAS
, the City Commission of the City of Boynton Beach, hereby deems it to be
in the best interests of the citizens and residents of the City of Boynton Beach, to approve and
authorize the City Manager to execute a Local Government Employer Administrative
Agreement.
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.
269 of 1102
Section 2. The City Commission of the City of Boynton Beach, hereby approves and
authorizes the City Manager to execute a Local Government Employer Administrative
Agreement with U.S. Mayor Enterprises, Inc., to participate in their deferred compensation and
retirement products and services, including authorizing the execution of documents by the
selected vendor, a copy of which is attached hereto as Exhibit “A”.
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED
this _____ day of October, 2013.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Woodrow L. Hay
______________________________
Commissioner – David T. Merker
_______________________________
Commissioner – Michael M. Fitzpatrick
_______________________________
Commissioner – Joe Casello
ATTEST:
_________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
270 of 1102
271 of 1102
272 of 1102
273 of 1102
274 of 1102
275 of 1102
276 of 1102
277 of 1102
278 of 1102
279 of 1102
280 of 1102
281 of 1102
282 of 1102
283 of 1102
284 of 1102
SM
UNITED STATES CONFERENCE OF MAYORS RETIREMENT PROGRAM
LOCAL GOVERNMENT EMPLOYER ADMINISTRATIVE AGREEMENT
THIS LOCAL GOVERNMENT EMPLOYER ADMINISTRATIVE AGREEMENT
(“Agreement”) is executed by and between U.S. Mayor Enterprises, Inc. (“USME”), a wholly owned
subsidiary of the United States Conference of Mayors (“USCM”) of Washington, D.C.; and
______________________________________ (“Local Government Employer”) on
___________________, 20___.
I. THE PROGRAM:
The United States Conference of Mayors Retirement Program (“Program”), established in 1977,
offers deferred compensation and retirement solutions to cities and other local government
agencies and to their employees, with the intent that our cities realize the benefits derived from a
retirement program, including enhanced employee morale and a more secure workforce, and
providing for the employees’ financial security.
The Program is sponsored by The United States Conference of Mayors, whose primary purpose is
acting on behalf of, and seeking the betterment of, cities in the United States. The Program
assists cities and their employees in establishing an increased measure of financial security for the
future, providing cities with a way to help employees help themselves by taking advantage of
financial and tax incentives to build a secure foundation for retirement.
II. MARKET REVIEW PROCESS:
USME, a municipal advisor registered with the Municipal Securities Rulemaking Board,
periodically conducts market surveys and reviews of financial institutions and retirement services
companies (“companies”), and, based upon an evaluation of administrative abilities and
experience, selects the company or companies (each individually a “Program Vendor”) that offer
deferred compensation and retirement products and services considered attractive and competitive
based upon a combination of costs, benefits and services.
Based on its surveys and reviews, USME may select additional (and may deselect) companies
from its list of Program Vendors.
As a participant in the Program, Local Government Employer will be given the opportunity to
access the products and engage the services of selected Program Vendors. It is contemplated that
each Program Vendor would present to Local Government Employer a package of documents
offering an array of products and services, prepared by the Program Vendor and reviewed by
USME for use in connection with the Program (“Program Documents”).
The Program’s intent is that Local Government Employer’s engagement of a Program Vendor
will offer substantial benefits and efficiencies. However, Local Government Employer may
participate in the Program and obtain the benefits of USME’s survey and review of companies
even if Local Government Employer retains the services of a vendor that is not a Program
Vendor.
285 of 1102
III. PROGRAM COORDINATOR:
USME, as Program Coordinator, has general administrative oversight of the Program. In addition
to conducting the above-mentioned surveys and reviews, USME provides the additional services
described below.
IV. LOCAL GOVERNMENT EMPLOYER CONSIDERATIONS:
Local Government Employer recognizes that retirement planning is important to the financial
security of Local Government Employer employees and that retirement programs are based upon
the principle of providing long term financial security to employees.
Local Government Employer recognizes USME’s experience and contribution to the design,
implementation and administration of programs carrying out the purposes of USCM, and serving
the betterment of the nation’s cities.
Local Government Employer recognizes the economies of scale and other benefits of USME’s
establishment of the Program, focused upon the needs of cities and their employees, and availing
to the cities the benefit of a consolidated purchasing power.
Local Government Employer acknowledges having taken the appropriate steps to adopt this
Program.
V. USME RESPONBILITIES :
A. USME has oversight of the Program and has selected one or more Program Vendors
pursuant to Part VI, below.
B. USME will deliver to Local Government Employer the Program Documents, as prepared
by and to be maintained by the Program Vendor.
C. USME will arrange and provide for employee educational programs to make certain all
interested Local Government Employer employees have the opportunity to receive a
thorough understanding of the overall Program and its advantages.
D. USME will periodically conduct market surveys and reviews designed to identify a
competitive combination of product performance, costs, benefits, and services for cities
and their employees.
286 of 1102
E. USME will periodically review the administrative, operational and financial performance
of the selected Program Vendors and may take such measures necessary to assure Local
Government Employer and its employees the high quality of Program benefits and
services. The actions necessary to assure high quality of benefits and services may
include adding additional vendors, negotiating for different services, or the removal of
unsatisfactory vendors.
F. USME will inform Local Government Employer of any changes made to the Program in
a timely manner.
VI. PROGRAM VENDORS:
Although Local Government Employer will contract directly with Program Vendors, USME will
make available Program Documents prepared by Program Vendors and designed especially for
the Local Government Employer market. For specific offerings, please see the attachment(s) to
this Agreement. Under the Program, it is contemplated that the Program Vendors will:
A. Draft and maintain the Program Documents.
B. Provide a comprehensive administrative service system to facilitate employee deferrals,
reconciliations, disbursements to the investment media, and maintenance of the individual
and Local Government Employer account records; provide periodic statements and
coordinate employee distributions; assure proper tax reporting systems; and be
responsible for any amounts owing to USCM and USME.
C. Provide such accounting and audit systems as are necessary to ensure the fiscal integrity
of the Program and to provide Local Government Employer with reports and work papers
as are reasonably necessary to meet Local Government Employer’s individual financial
reporting requirements.
D. Provide such employee communications materials and other forms, documents and
agreements as are necessary to administer the Program.
E. Provide Local Government Employer and its employees such convenience and timeliness
of individual services as are required for effective employee understanding of
participation in the Program.
F.
Provide Local Government Employer with such technical assistance as is necessary to
implement the Program in accordance with the needs and objectives of Local Government
.
Employer’s requirements
VII. LOCAL GOVERNMENT EMPLOYER RESPONSIBILITIES:
In connection with its participation in the Program, Local Government Employer hereby:
287 of 1102
A. Agrees to provide USME its full cooperation and support in administering the Program.
B. Agrees to disseminate from time to time such promotional materials as provided by a
Program Vendor.
C. Agrees to arrange for representatives of the Program to conduct orientation meetings
with Local Government Employer employees.
D. Agrees to name a Local Government Employer official or committee to act as the
primary contact on behalf of Local Government Employer on all material matters
relating to activities of the Program.
E. Agrees to assist USME and the Program Vendors, as necessary, in the development of
comprehensive investment and service specifications.
F. Appoints USME as its agent and attorney-in-fact for the purpose of reviewing and
obtaining from any selected Program Vendor the vendor selected by Local Government
Employer to administer its retirement program (including, without limitation, any non-
Program Vendor) any and all information, data and documentation (“Local Government
Employer Information”) relating to Local Government Employer’s deferred
compensation and retirement programs . Such Local Government Employer
Information may be used for any and all purposes relating to (1) USME’s performance
of its services pursuant to this Agreement; and (2) developing statistical information in
connection with deferred compensation and retirement programs of the nation’s cities.
USME also may share Local Government Employer Information with any Program
Vendor for the purposes of offering the Program Vendor’s services to Local
Government Employer, developing a more attractive or competitive product, or
assisting Local Government Employer in transitioning from its current Vendor to a new
Program Vendor. Notwithstanding the foregoing, USME may not share any private
information regarding individual Local Government Employer employees except in
connection with transitioning to a new Program Vendor at the direction of Local
Government Employer.
VIII. MISCELLANEOUS:
A. USCM sponsors, and USME administers, the Program on behalf of, and for the benefit
of, a wide variety of cities. The Program Vendor selections are aimed at achieving
optimal results for the greatest number of participating cities. Each selection may not
be the most advantageous for a particular Local Government Employer. Each individual
Local Government Employer must decide whether selection of a specific Program
Vendor is appropriate for its particular situation.
288 of 1102
B. If USME or a Program Vendor unsatisfactorily performs the responsibilities and services
pursuant to this Agreement and the Program Documents, the Local Government
Employer shall give notice, at the address specified below, to both USME and the
Program Vendor specifically stating the nature of USME’s or the Program Vendor’s
failure to perform. If the specified default is not corrected within one hundred eighty
(180) days following the notice of default by the Local Government Employer, the Local
Government Employer may terminate this Agreement, or terminate the Program Vendor.
Termination of a Program Vendor pursuant to the terms of Program Documents shall not,
by itself, terminate this Agreement.
C. This Agreement shall be interpreted under the substantive laws of the District of
Columbia.
D. Notice Addresses:
I. U.S. Mayor Enterprises,
Inc. 1620 Eye St, NW
Washington, DC 20006
E. Program Vendor – See attached Local Government Employer Contract Administrator
{To be provided by Local Government Employer}
F. This Agreement is effective upon the date first written above until terminated by mutual
agreement of the parties or in accordance with Paragraph B of this Part VIII.
LOCAL GOVERNMENT EMPLOYER U.S. MAYOR ENTERPRISES, INC.
Local Government Employer Kathryn Kretschmer-
Weyland Representative Chief
Operating Officer
Date Date
289 of 1102
ATTACHMENT A- DEFERRED COMPENSATION
The Program currently offers a Deferred Compensation Program under section 457 of the
Internal Revenue Code of 1986.
The intent of this 457 plan is to provide for additional retirement income through the deferral of
before tax dollars and the reduction of current income tax liability thus offsetting the effects of
inflation on their ultimate retirement benefits.
The Program Vendor selected for the Deferred Compensation Program is Great-West Life & Annuity
Insurance Company (“Great-West.”) Great-West shall adhere to all requirements outlined in Section
VI of this Agreement. Great-West has been selected as the Program Vendor for deferred
compensation through September 30, 2022 providing Great-West meets the goals and program
objectives.
The notice address and contact information for Great-West is as follows:
Great-West Retirement Services® Charles P. Nelson, President Beverly A. Byrne, Chief Compliance
Officer 8515 E. Orchard Rd. 10T2 Greenwood Village, CO 80111
290 of 1102
291 of 1102
292 of 1102
293 of 1102
294 of 1102
295 of 1102
296 of 1102
297 of 1102
298 of 1102
299 of 1102
300 of 1102
301 of 1102
302 of 1102
303 of 1102
304 of 1102
305 of 1102
306 of 1102
6. L
CONSENT AGENDA
October 15, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 15, 2013
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve and ratify the Collective Bargaining
EQUESTED CTION BY ITY OMMISSION
Agreement for the Boynton Beach Fire Fighters and Paramedics, IAFF Local 1891 of the
International Association of Fire Fighters, AFL-CIO, CLC and the City.
ER:
XPLANATION OF EQUEST
The term of the Collective Bargaining Agreement (CBA) for Boynton Beach Fire Fighters
and Paramedics, IAFF Local 1891 expired on September 30, 2013. The City and the
Union began bargaining a successor agreement in August 2013. Bargaining was
completed in September 2013. The bargaining unit ratified the successor agreement on
October 7, 2013. The term of the successor collective bargaining agreement is October
1, 2013 through September 30, 2014. As the final step in the collective bargaining
process, staff is recommending that the Commission approve/ratify the successor
agreement (attached) for implementation.
Attachments:
Boynton Beach Fire Fighters and Paramedics, IAFF Local 1891 – CBA
Notice of Union Ratification Vote Outcome
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Having a successor agreement in place will provide bargaining unit employees and
management with guidance on the current terms and conditions of employment in
effect.
307 of 1102
FI:
ISCAL MPACT
A three percent (3%) increase to the pay scales is funded in the FY13/14 budget.
A:
LTERNATIVES
Do not approve and ratify the agreement, which would result in maintaining the status
quo for the contract period ending September 30, 2013 and return to the bargaining
table for further negotiation of this contract.
308 of 1102
RESOLUTION R13-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, RATIFYING
THE AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH, FLORIDA AND THE
INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, LOCAL 1891 FOR THE PERIOD OF
OCTOBER 1, 2013 THROUGH SEPTEMBER 30, 2014,
AND AUTHORIZING AND DIRECTING THE MAYOR
AND CITY CLERK TO EXECUTE THE AGREEMENT;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the City of Boynton Beach and the International Association of
Firefighters, Local 1891 have successfully concluded negotiations for a one (1) year contract;
and
WHEREAS
, the City Commission of the City of Boynton Beach deems it to be in the
best interests of the residents and citizens of the City to ratify the Agreement and execute the
same.
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. The City Commission of the City of Boynton Beach, Florida does
hereby ratify the Agreement between the City of Boynton Beach and the International
Association of Firefighters, Local 1891 for the period of October 1, 2013 through September
30, 2014, and authorizing and directing the Mayor and City Clerk to execute the Agreement,
a copy of said agreement being attached hereto as Exhibit "A".
Section 3. This Resolution will become effective immediately upon passage.
PASSED AND ADOPTED this ___ day of October, 2013
.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
309 of 1102
Mayor – Jerry Taylor
______________________________
Vice Mayor – Woodrow L. Hay
______________________________
Commissioner – David T. Merker
______________________________
Commissioner – Michael M. Fitzpatrick
______________________________
Commissioner – Joe Casello
ATTEST:
_____________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
310 of 1102
BOYNTON BEACH FIREFIGHTERS, LOCAL 1891
Monday, October 7, 2013
To; Ray Carter, Fire Chief, Julie Oldbury, Human Resource Director
From; Dean Kinser, President Local 1891
Subject; CBA 2013-2014 Ratification Vote
The intent of this letter is to advise the City of Boynton Beach that Local 1891 held a
meeting on October 7, 2013 for the purpose of conducting a ratification vote referencing the
proposed 2013-2014 CBA between the Professional Firefighters of Local 1891 and the City of
Boynton Beach. A vote was conducted comprising of a majority quorum of Local 1891’s
membership and the proposed negotiated CBA addressed above was officially accepted and
passed the ratification vote by the membership of Local 1891.
Respectfully
Dean Kinser, President Local 1891
311 of 1102
312 of 1102
313 of 1102
314 of 1102
315 of 1102
316 of 1102
317 of 1102
318 of 1102
319 of 1102
320 of 1102
321 of 1102
322 of 1102
323 of 1102
324 of 1102
325 of 1102
326 of 1102
327 of 1102
328 of 1102
329 of 1102
330 of 1102
331 of 1102
332 of 1102
333 of 1102
334 of 1102
335 of 1102
336 of 1102
337 of 1102
338 of 1102
339 of 1102
340 of 1102
341 of 1102
342 of 1102
343 of 1102
344 of 1102
345 of 1102
346 of 1102
347 of 1102
348 of 1102
349 of 1102
350 of 1102
351 of 1102
352 of 1102
353 of 1102
354 of 1102
355 of 1102
356 of 1102
357 of 1102
358 of 1102
359 of 1102
360 of 1102
361 of 1102
362 of 1102
363 of 1102
364 of 1102
365 of 1102
366 of 1102
367 of 1102
368 of 1102
369 of 1102
370 of 1102
371 of 1102
372 of 1102
373 of 1102
374 of 1102
375 of 1102
376 of 1102
377 of 1102
378 of 1102
379 of 1102
380 of 1102
381 of 1102
382 of 1102
383 of 1102
384 of 1102
385 of 1102
386 of 1102
387 of 1102
388 of 1102
389 of 1102
390 of 1102
391 of 1102
392 of 1102
393 of 1102
394 of 1102
395 of 1102
396 of 1102
397 of 1102
398 of 1102
399 of 1102
400 of 1102
401 of 1102
402 of 1102
403 of 1102
404 of 1102
405 of 1102
6. M
CONSENT AGENDA
October 15, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 15, 2013
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve the annual blanket purchase order
EQUESTED CTION BY ITY OMMISSION
request for an estimated total annual expense of $69,463 to Simplex-Grinnell for fire
alarm/sprinkler monitoring, inspections, and service/repairs in various City facilities. Simplex-
Grinnell is an authorized vendor via the General Services Administration (GSA) Contract #GS-
07F-0396M.
T:O1,2013–S30,2014
ERM CTOBER EPTEMBER
ER:
Simplex-Grinnell provides fire alarm/sprinkler monitoring,
XPLANATION OF EQUEST
inspections and service/repairs for various fire alarm systems through the City facilities
based on the GSA Contract #GS-07F-0396M effective through June 30, 2017.
GSA Contracts have complied with public competitive bid requirements that equal or exceed the
City of Boynton Beach bid requirements
H?
The National Fire Protection (NFP)
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Code and the Fire Department require that fire systems be monitored, inspected, and
maintained. Failure to meet these requirements would result in receiving violation
notifications from the Fire Department and would render the systems ineffective.
FI:
Funding has been budgeted in FY14 as follows –
ISCAL MPACT
Facilities Management Account #001-2511-519-49.17 ($62,000)
Library Account #001-2612-571-46.20 for the Schoolhouse Museum ($3,100)
Utilities Admin Account #401-2821-536-49.17 ($2,249)
Utilities West Water Plant Account #401-2811-539-49.17 ($2,114)
406 of 1102
A:
Do not award this request and the City issue its own bid for this service.
LTERNATIVES
407 of 1102
408 of 1102
409 of 1102
410 of 1102
411 of 1102
412 of 1102
413 of 1102
414 of 1102
415 of 1102
416 of 1102
417 of 1102
418 of 1102
419 of 1102
420 of 1102
421 of 1102
422 of 1102
423 of 1102
424 of 1102
425 of 1102
426 of 1102
427 of 1102
428 of 1102
429 of 1102
430 of 1102
431 of 1102
432 of 1102
433 of 1102
434 of 1102
435 of 1102
436 of 1102
437 of 1102
438 of 1102
439 of 1102
440 of 1102
441 of 1102
442 of 1102
443 of 1102
444 of 1102
445 of 1102
446 of 1102
447 of 1102
448 of 1102
449 of 1102
450 of 1102
451 of 1102
452 of 1102
453 of 1102
454 of 1102
455 of 1102
456 of 1102
457 of 1102
458 of 1102
459 of 1102
460 of 1102
461 of 1102
462 of 1102
463 of 1102
464 of 1102
465 of 1102
466 of 1102
467 of 1102
468 of 1102
469 of 1102
470 of 1102
471 of 1102
472 of 1102
473 of 1102
474 of 1102
475 of 1102
476 of 1102
477 of 1102
478 of 1102
479 of 1102
480 of 1102
481 of 1102
482 of 1102
483 of 1102
484 of 1102
485 of 1102
486 of 1102
487 of 1102
488 of 1102
489 of 1102
490 of 1102
491 of 1102
492 of 1102
493 of 1102
494 of 1102
495 of 1102
496 of 1102
497 of 1102
498 of 1102
499 of 1102
500 of 1102
501 of 1102
502 of 1102
503 of 1102
504 of 1102
505 of 1102
506 of 1102
507 of 1102
508 of 1102
509 of 1102
510 of 1102
511 of 1102
512 of 1102
513 of 1102
514 of 1102
515 of 1102
516 of 1102
517 of 1102
518 of 1102
519 of 1102
520 of 1102
521 of 1102
522 of 1102
523 of 1102
524 of 1102
525 of 1102
526 of 1102
527 of 1102
528 of 1102
529 of 1102
530 of 1102
531 of 1102
532 of 1102
533 of 1102
534 of 1102
535 of 1102
536 of 1102
537 of 1102
538 of 1102
539 of 1102
540 of 1102
541 of 1102
542 of 1102
543 of 1102
544 of 1102
545 of 1102
546 of 1102
547 of 1102
548 of 1102
549 of 1102
550 of 1102
551 of 1102
552 of 1102
553 of 1102
554 of 1102
555 of 1102
556 of 1102
557 of 1102
558 of 1102
559 of 1102
560 of 1102
561 of 1102
562 of 1102
563 of 1102
564 of 1102
565 of 1102
566 of 1102
567 of 1102
568 of 1102
569 of 1102
570 of 1102
571 of 1102
572 of 1102
573 of 1102
574 of 1102
575 of 1102
576 of 1102
577 of 1102
578 of 1102
579 of 1102
580 of 1102
581 of 1102
582 of 1102
583 of 1102
584 of 1102
585 of 1102
586 of 1102
587 of 1102
588 of 1102
589 of 1102
590 of 1102
591 of 1102
592 of 1102
593 of 1102
594 of 1102
595 of 1102
596 of 1102
597 of 1102
598 of 1102
599 of 1102
600 of 1102
601 of 1102
602 of 1102
603 of 1102
6. N
CONSENT AGENDA
October 15, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 15, 2013
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve the annual blanket purchase order
EQUESTED CTION BY ITY OMMISSION
request for an estimated total annual expense of $28,750 to Thyssen-Krupp Elevator for elevator
annual inspections and service/repairs in various City facilities. Thyssen-Krupp is an authorized
vendor via The Cooperative Purchasing Network (TCPN) Contract #R5042.
ER:
Thyssen-Krupp provides annual inspections and
XPLANATION OF EQUEST
service/repairs for seven (7) two-stop elevators and the pricing is based on the TCPN
Contract #R5042 that is effective from September 30, 2010 through September 30,
2015.
The Cooperative Purchasing Network has complied with public competitive bid requirements that
equal or exceed the City of Boynton Beach bid requirements.
H?
The State of Florida requires that
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
elevators be registered annually with a Certificate of Operation and compliance requires
that each elevator be under maintenance/service contract and undergo annual testing.
Failure to meet these requirements would result in having to lock down each affected
elevator at the first floor stop; this would hinder accessibility to the upper floors.
FI:
Funding is budgeted in Facilities Management Account #001-2511-519-
ISCAL MPACT
49.17 ($25,750) and in the Library Account #001-2612-571-46.20 for the Schoolhouse
Museum ($3,000).
A:
Do not award as recommended and the City issue its own bid for these
LTERNATIVES
services.
604 of 1102
605 of 1102
606 of 1102
607 of 1102
608 of 1102
7. A
BIDS AND PURCHASES OVER $100,000
October 15, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 15, 2013
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve the purchase of an Equature Digital Voice
EQUESTED CTION BY ITY OMMISSION
Recorder for the Police and Fire Communications Center by utilizing the GSA Pricing Contract
Number GS-03F-0023T with DSS Corporation for $134,490 (payable over 5 years).
ER:
The police department is requesting to utilize the GSA Pricing
XPLANATION OF EQUEST
Contract Number GS-03F-0023T with DSS Corporation, 18311 W. Ten Mile Rd, Southfield, MI
48075 for $134,490 (payable over 5 years) for the purchase of an Equature Digital Voice
Recorder for the Police and Fire Communications Center. This purchase is for installation of a
digital voice recorder to record all 911 calls and radio traffic that come into the Police and Fire
Communications Center.
The purchase would be paid over five (5) years payable as follows:
Year 1 $28,818
Year 2 26,418
Year 3 26,418
Year 4 26,418
Year 5 26,418
DSS Corporation is a sole source provider for this purchase. DSS is certified to
interface with Motorola, is the vendor for our existing system, and does not use
resellers.
The GSA Pricing procurement procedure has complied with public competitive bid requirements
that equal or exceed the City of Boynton Beach bid requirements.
609 of 1102
H?
Florida Law Enforcement
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Accreditation Standard CF 33-04 requires all emergency phone and radio traffic to be
recorded and stored for at least 30 days. In addition to meeting this standard, recording
this traffic provides Police and Fire Communications Supervisors the ability to review
calls for quality assurance and training purposes.
This purchase is part of the technology requirements for moving Police and Fire
Communications from City Hall to Fire Station 5. While we currently have a voice
th
recorder system, this system is in the 4 year of a 5 year maintenance agreement. The
system is configured for recording all 911 calls and radio traffic for the City’s current
analog radio system. We are required to upgrade to a digital radio system by 2017
which will make this system inoperable. In addition, under this same agenda we are
requesting to purchase MCC7500 Radio Consoles from Motorola which require the
Equature Digital Voice Recorder system.
FI:
The $28,818 will be taken from the Capital Improvement Project
ISCAL MPACT
Account (302-4122-519-64-02), Capital Improvement Project #1201. DSS Corporation
has offered to let the City out of the remaining year of its 5 year maintenance contract, and will
allow us to purchase a new system with no penalty. In addition, two payment options were given
but after discussion with the Director of Finance, staff is recommending the plan which spread
costs evenly over 5 years.
A:
There are three alternatives to this purchase. The first is to not move
LTERNATIVES
Police and Fire Communications to Fire Station 5 and wait until the new Police
Department is built. This alternative runs the risk of damage to the existing center
during a catastrophic event and postpones the inevitable need to purchase the system.
The second is to upgrade the current system with new hardware/software. This would
cost approx. $70,000 (paid up front) and would only be a temporary fix since there is
only 1 year left on the maintenance contract. The last alternative is to consider the
second payment option with a larger upfront payment and lower yearly payments the
following 4 years.
610 of 1102
611 of 1102
612 of 1102
613 of 1102
614 of 1102
615 of 1102
616 of 1102
617 of 1102
618 of 1102
619 of 1102
620 of 1102
621 of 1102
622 of 1102
623 of 1102
624 of 1102
625 of 1102
626 of 1102
627 of 1102
628 of 1102
629 of 1102
630 of 1102
631 of 1102
632 of 1102
633 of 1102
634 of 1102
635 of 1102
636 of 1102
637 of 1102
638 of 1102
639 of 1102
640 of 1102
641 of 1102
642 of 1102
643 of 1102
644 of 1102
645 of 1102
646 of 1102
647 of 1102
7. B
BIDS AND PURCHASES OVER $100,000
October 15, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 15, 2013
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve utilizing the State of Florida Contract
EQUESTED CTION BY ITY OMMISSION
Number 425-001-12-1 with Watson Furniture Group Inc. for $170,444.16 for the purchase of 10
dispatch console stations and 19 lockers for the Police and Fire Communications Center.
ER:
The police department is requesting to utilize the State of Florida
XPLANATION OF EQUEST
Contract Number 425-001-12-1 with Watson Furniture Group Inc., 26246 Twelve Trees Lane
NW, Poulsbo WA 98370, for $170,444.16 for the purchase of 10 dispatch console stations and
19 lockers for the Police and Fire Communications Center.
The City expects to be reimbursed for the full purchase price of this purchase from Palm
Beach County. E911 call taker furniture is an allowable expense and qualifies for
reimbursement under FSS 365.172(9) Emergency Communications Number E911
System Fund. Staff has met with NG911 Planning Coordinator Daniel Koenig with Palm
Beach County was consulted on this purchase and confirmed this is an allowable
expense.
The police department is scheduled to move the Police and Fire Communications
Center from City Hall to Fire Station 5 by February 2014. The existing dispatch
consoles are 10 years old, 3 years past their typical life span. Some of the current
issues with the consoles are: motor units that move the workspace up/down are
broken; cable trays have given out resulting in power cables/plugs on the ground under
the dispatcher’s feet; equipment is obsolete making upkeep and maintenance near
impossible; and workspace is inefficient for dispatch’s needs. In addition, it would be
costly to move this outdated equipment to the new facility and damage would likely
occur in transition.
648 of 1102
The State of Florida Contract has complied with public competitive bid requirements that equal or
exceed the City of Boynton Beach bid requirements.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
The new furniture has been specifically designed and enhanced for housing radio
CPUs, CAD CPUs, and 911 equipment. The overall needs of the Police and Fire
Communications Center were taken into consideration when selecting a design to
enhance operations. In addition, 19 lockers will be used to house personal items for
communications personnel.
FI:
The $170,444.16 will be taken from the Capital Improvement Project
ISCAL MPACT
Account (302-4122-519-64-02), Capital Improvement Project #1201. While the City will
be initially responsible for the costs, E911 call taker furniture is an allowable expense
and qualifies for reimbursement under FSS 365.172(9) Emergency Communications
Number E911 System Fund. NG911 Planning Coordinator Daniel Koenig was
consulted on this purchase and confirmed this is an allowable expense. Koenig is with
Palm Beach County and responsible for processing reimbursement requests. Technical
Services Manager Douglas Solomon will handle all reimbursement documents once
purchase is complete.
A:
Not to utilize the GSA contract for purchasing these items and the City
LTERNATIVES
prepare and advertise its own bid documents for these furnishings.
649 of 1102
650 of 1102
651 of 1102
652 of 1102
653 of 1102
654 of 1102
655 of 1102
656 of 1102
657 of 1102
658 of 1102
659 of 1102
660 of 1102
661 of 1102
662 of 1102
663 of 1102
664 of 1102
665 of 1102
666 of 1102
667 of 1102
668 of 1102
669 of 1102
670 of 1102
671 of 1102
672 of 1102
673 of 1102
674 of 1102
675 of 1102
676 of 1102
677 of 1102
678 of 1102
679 of 1102
680 of 1102
681 of 1102
682 of 1102
683 of 1102
684 of 1102
685 of 1102
686 of 1102
687 of 1102
688 of 1102
689 of 1102
690 of 1102
691 of 1102
692 of 1102
693 of 1102
694 of 1102
695 of 1102
696 of 1102
697 of 1102
698 of 1102
699 of 1102
700 of 1102
701 of 1102
702 of 1102
703 of 1102
704 of 1102
705 of 1102
706 of 1102
707 of 1102
708 of 1102
709 of 1102
710 of 1102
711 of 1102
712 of 1102
713 of 1102
714 of 1102
715 of 1102
716 of 1102
717 of 1102
718 of 1102
719 of 1102
720 of 1102
721 of 1102
722 of 1102
723 of 1102
724 of 1102
725 of 1102
726 of 1102
727 of 1102
728 of 1102
729 of 1102
730 of 1102
731 of 1102
732 of 1102
733 of 1102
734 of 1102
735 of 1102
736 of 1102
737 of 1102
738 of 1102
739 of 1102
7. C
BIDS AND PURCHASES OVER $100,000
October 15, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 15, 2013
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve the purchase of 5 MCC7500 IP Dispatch
EQUESTED CTION BY ITY OMMISSION
Radio Consoles from Motorola Inc. in the amount of $264,664 as a sole source purchase.
ER:
Approve purchase of 5MCC7500 IP Dispatch Radio Consoles
XPLANATION OF EQUEST
from Motorola Inc. (8000 W. Sunrise Blvd., Plantation, FL 33322) in the amount of $264,664.00,
which includes installation and configuration.
Motorola Inc. is the sole source provider for this purchase. While there are other vendors who
sell radio systems, they are inoperable with our tower site base stations and transmitters. In
addition, the mobile and portable radios currently in use citywide require purchase of these radio
consoles from Motorola Inc.
H?
This purchase is part of the
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
requirements for moving Police and Fire Communications from City Hall to Fire Station
5. Currently, we utilize Motorola Gold Elite Radio Consoles to manage communications
for Police, Fire and local government. These consoles allow Communications to rapidly
switch between various talk groups, identify the users who initiate transactions, and
identify users who set off their Emergency buttons. Additionally, these consoles allow
Communications to “patch in” or simulcast radio traffic to other agencies during events
that may involve multiple municipalities.
The consoles currently in operation use analog technology and are approximately 13
years old. While they are still covered under maintenance, it is becoming increasingly
hard to obtain parts for repair should the need arise. While the consoles themselves
are simply computers and monitors, they connect to a series of Central Electronic
740 of 1102
Banks (CEBS) that reside in the radio room outside Communications. The CEBS
consist of two full size racks, with dedicated cables running to each console. In
addition, there are two full size racks holding switching equipment and monitoring
computers. End of life for maintenance of this equipment (as well as the base station
and transmitters located at the tower site) is scheduled for 2017. This radio equipment
is connected to the tower site via fiber optic cable that runs from City Hall to Public
Works, where it is then spliced into another fiber optic cable that runs to the radio tower.
Although this antiquated equipment can be relocated to Fire Station 5, we would still
have to overcome the following obstacles.
1. To move this equipment would take anywhere from 1 to 2 weeks. During this
time Communications would operate off mobile radios at the EOC. There would
be a significant disruption to communications personnel while technicians and
workers install equipment.
2. The physical footprint would require the acquisition of the entire ITS office
located at Fire Station 5.
3. This equipment has never been moved, and Motorola has expressed concerns
that once it is moved, they may have trouble bringing it back up. While our
maintenance agreement does dictate that they repair the equipment and make it
operational, we could face long delays in obtaining parts.
4. To move this equipment would require the installation of a dedicated fiber optic
cable from the tower site to Fire Station 5. Engineering has estimated the cost to
be approximately $225,000. Engineering would have to install the cable along a
canal, under I-95 and under the CSX Railroad tracks. This would require
obtaining permits from multiple outside agencies and there is no time estimate
available for completion.
5. There will be no need for the $225,000 fiber optic cable once the required radio
upgrade is complete in 2017.
Purchasing MCC7500 IP Dispatch Consoles would provide the following advantages:
1. These consoles use IP technology and would integrate with the base station and
transmitters currently located at the tower site.
2. These are the same consoles that would be purchased when the radio system is
replaced in 2017 (see attached memo from Motorola).
3. Because these consoles use digital technology, we can connect to the tower with
AT&T fiber instead of having to run our own dedicated fiber optic cable.
4. We will reduce our physical footprint at the EOC from 4 racks to 1, saving on
power, cooling and cabling costs.
5. The cost of these consoles, including installation, is not significantly higher than
running a fiber optic cable from the tower site and then paying Motorola to move
the existing radio system.
6. There will be no disruption in our operations.
FI:
The $264,664.00 will be taken from the Capital Improvement Project
ISCAL MPACT
Account (302-4122-519-64-02), Capital Improvement Project #1201.
A:
The first is to not move Police and Fire Communications to Fire Station
LTERNATIVES
5 and wait until the new Police Department is built. This alternative runs the risk of
741 of 1102
damage to the existing center during a catastrophic event and postpones the inevitable
need to purchase the consoles. The second is to move the existing consoles to Fire
Station 5. This option would be costly; damage would likely occur in transition and
would result in a significant interruption in our current operations. This would only be a
temporary fix as the need to purchase the consoles is inevitable.
742 of 1102
743 of 1102
744 of 1102
745 of 1102
746 of 1102
747 of 1102
748 of 1102
749 of 1102
7. D
BIDS AND PURCHASES OVER $100,000
October 15, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 15, 2013
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R13-115 -
EQUESTED CTION BY ITY OMMISSION
Award a Two Year Contract for School Crossing Guard Services, Bid No. 076-2110-13/JMA to
Action Labor Management LLC dba Staffing Connections of West Palm Beach, Florida as the
lowest, most responsive, responsible bidder meeting all bid specifications for an estimated
annual expenditure of $300,000.
CP:
O20,2013O19,2015
ONTRACT ERIOD
CTOBER TO CTOBER
ER:
Procurement Services issued a bid for School Crossing
XPLANATION OF EQUEST
Guard Services with a due date of September 9, 2013. Four (4) bids were opened and
tabulated; one bid proposal was determined to be “Non-Responsive” due to missing
documentation as requested on price proposal sheet. After reviewing the remaining
three (3) bids, the Police Department recommends awarding Action Management LLC
dba Staffing Connections as the lowest most responsive bidder. Action Management
LLC dba Staffing Connections is the City’s current vendor for Crossing Guard Services
and the City has been pleased with their performance and responsiveness to the City’s
needs.
The hourly rate proposed is $12.25 per hour which is lower than what the City is
currently paying.
Previous years expenditures were:
FY 2013 $307,335
FY 2012 $309,000
750 of 1102
H?
The City of Boynton Beach Police
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Department maintains a “School Crossing Guard Program” to fulfill the needs of the
school children in the City of Boynton Beach. This program provides supervision and
safety for children crossing City streets during the school year and during summer
school.
This contract may be renewed by the Finance Director with the same terms and
conditions for three (3) one-year extensions subject to vendor acceptance, satisfactory
performance and determination that renewal will be in the best interest of the City.
FI:
ISCAL MPACT
Funds have been included in the FY 2014 budget under line item 001-2110-521-49-17.
A:
LTERNATIVES
Do not award this bid and re-advertise or discontinue providing this service.
751 of 1102
RESOLUTION NO. R13-
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING THE AWARD OF BID #076-2110-13/JMA AND TWO
YEAR CONTRACT FOR SCHOOL CROSSING GUARD SERVICES
TO ACTION LABOR MANAGEMENT LLC DBA STAFFING
CONNECTIONS OF WEST PALM BEACH, FLORIDA FOR AN
ESTIMATED ANNUAL EXPENDITURE OF $300,000.00;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT FOR TWO-YEAR CONTRACT FOR SCHOOL
CROSSING GUARD SERVICES; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,
On September 9, 2013, four (4) proposals were received and opened by
Procurement Services for the two year contract for school crossing guard services with one of
the four was determined to be non-responsive for missing documentation; and
WHEREAS,
staff is recommending the award to Action Labor Management, LLC
dba Staffing Connections of West Palm Beach, Florida as the lowest, most responsive,
responsible bidder who meets all specifications.
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 of the City of Boynton Beach, Florida, hereby
approves the award of bid and Two Year Contract for School Crossing Guard Services for
Bid #076-2110-13/JMA to Action Labor Management LLC, dba Staffing Connections of
West Palm Beach, Florida and does hereby authorize the City Manager to execute an
Agreement in the estimated annual expenditure of $300,000.00, a copy of said Agreement is
attached hereto and made a part hereof.
Section 3. That this Resolution shall become effective immediately.
PASSED AND ADOPTED
this ______ day of October, 2013.
752 of 1102
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Woodrow L. Hay
______________________________
Commissioner – David T. Merker
_______________________________
Commissioner – Michael M. Fitzpatrick
_______________________________
Commissioner – Joe Casello
ATTEST:
__________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
753 of 1102
754 of 1102
755 of 1102
756 of 1102
757 of 1102
758 of 1102
759 of 1102
760 of 1102
761 of 1102
762 of 1102
763 of 1102
764 of 1102
765 of 1102
766 of 1102
767 of 1102
768 of 1102
769 of 1102
770 of 1102
771 of 1102
772 of 1102
773 of 1102
774 of 1102
775 of 1102
776 of 1102
777 of 1102
778 of 1102
779 of 1102
780 of 1102
781 of 1102
782 of 1102
783 of 1102
784 of 1102
785 of 1102
786 of 1102
787 of 1102
788 of 1102
789 of 1102
790 of 1102
791 of 1102
792 of 1102
793 of 1102
794 of 1102
795 of 1102
796 of 1102
797 of 1102
798 of 1102
799 of 1102
800 of 1102
801 of 1102
802 of 1102
803 of 1102
804 of 1102
805 of 1102
806 of 1102
807 of 1102
808 of 1102
809 of 1102
810 of 1102
AGREEMENT FOR A
“TWO-YEAR CONTRACT FOR SCHOOL CROSSING
GUARD SERVICES”
THIS AGREEMENT, made as of ________________, 2013, by and between the City Of
Boynton Beach, Florida, a municipal corporation organized and existing under the laws of the
State of Florida (hereinafter “CITY”), and ACTION LABOR MANAGEMENT, LLC d/b/a
STAFFING CONNECTION hereinafter (CONTRACTOR)
WITNESSETH:
WHEREAS, the CITY is desirous of providing for the satisfaction of its school crossing guard
program through an independent contractor agreement; and
WHEREAS, CONTRACTOR is in the business of providing various labor forces, including, but
not limited to, school crossing guard services with appropriate certifications, and
WHEREAS, the parties are desirous of providing for the terms of their Agreement, entered into
as a result of Request for Bid No. 076-2110-13/JMA issued by CITY, and the Proposal of Action
Labor Management, LLC/Staffing Connection, dated September 5, 2013 (collectively the “Bid
Documents”).
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the legal
sufficiency of which is hereby acknowledged, the parties agree as follows:
1. SCHOOL CROSSING GUARDS: CONTRACTOR will provide the school crossing guard
and supervisory services necessary to satisfy the requirements of the CITY School
Crossing Guard Program in accordance with the specifications and the rates provided in
the Bid Documents, copies of which are attached hereto and incorporated herein as
Exhibits. The CONTRACTOR will provide the following minimum personnel, at the
locations and during the time herein described, for the consideration hereinafter set
forth:
a. Price Proposal with hourly rates for guards and supervisors – Exhibit ‘A’
b. Specifications for a Two Year Contract for School Crossing Guard Services –
Exhibit ‘B’
c. Schedule and Locations – Exhibit ‘C’
The CITY reserves the right to require more or less crossing guard services upon three
(3) days written notice, specifying its needs. Schedule and locations of services are
described in Exhibit ‘C’.
2. DUTY HOURS; DUTY LOCATIONS: CONTRACTOR will provide the personnel
described above during school hours and at all posts as deemed necessary by the School
Board and the CITY. The CITY has the right to change the duty hours, as well as duty
locations, by written directive, which will become effective on the date set forth in such
written directive, provided that such date will not be sooner than three (3) business days
from the date of the written directive.
811 of 1102
3. CONSIDERATION: CONTRACTOR will be compensated for the services provided
hereunder in accordance with the hourly rate set forth in Paragraph 1. CONTRACTOR
will be solely responsible for and will provide for the payment of workers compensation
insurance coverage and premiums, withholding taxes, FICA, benefits, if any, all
remunerations; all labor contract compliance and all other charges. Action Labor
Management, LLC d/b/a Staffing Connection is being retained as an Independent
Contractor and acknowledges this Agreement does not create any employment
relationship with the CITY. The CITY will bear no responsibility for any such charges,
fees, permits, and the like associated with the employment of such personnel.
CONTRACTOR acknowledges that the CITY is contracting for the full crossing guard
services for the hours and at the described posts as stated in this Agreement. This
Agreement requires that qualified personnel service be at each post during the prescribed
post hours.
4. TRAINING AND SUPERVISION: CONTRACTOR will be responsible for furnishing,
training and certification of each of the personnel set forth in Paragraph 1 (a).
CONTRACTOR represents that it is a qualified trainer and will provide personnel meeting
these training and certification standards required pursuant to Section 234.302, Florida
Statutes. No person lacking such certification will perform services for the CITY
hereunder by Action Labor Management, LLC d/b/a Staffing Connection will have, at all
times during the term hereof, at its ready disposal, backup personnel. The CITY will pay
the rate as set forth in Paragraph 1 for actual training and retraining of applicable
personnel. CONTRACTOR will provide the services as set forth in composite exhibits.
5. UNIFORM: The CITY will turn over all equipment after inventory to
CONTRACTOR for continued usage throughout the term of this Agreement. All
personnel will wear dark slacks, skirts or shorts and a white top with appropriate
identification badge. At all times during the performance of their duties, all
personnel will dress in a clean and neat manner. CONTRACTOR will assume
equipment replacement responsibility as needed.
6. CONDUCT; CHANGE OF PERSONNEL: At times when such personnel are working in
the CITY whether or not on duty, such personnel will conduct themselves in a manner
which will not bring disrespect upon the CITY or the CONTRACTOR, or call into
question the competence or demeanor of such person relative to the performance of the
School Crossing Guard Service, which, by its nature, requires such personnel to come
into contact with minors. The CITY reserves the right to require the change of any
personnel upon not less than three (3) business days written notice, setting forth the name
of the person to be replaced, or in the absence of a name, the description and location of
the post location.
7. DUTY ROSTER: CONTRACTOR will provide the CITY with the names of all
personnel, and the location of such individual’s post location. Such roster will be
provided on a weekly basis as of Friday of the week preceding.
8. TERM: This Agreement will commence on the _____day of _________ 2013 and
include the period from the Commencement Date through the last day of the academic
school year according to the School District of Palm Beach County, Florida for the
812 of 1102
The contract will be for two (2) years, with the
remaining part of the school year.
option to renew the contract, at the same terms and conditions, for a maximum of
three (3) additional one year periods
subject to vendor acceptance, and satisfactory
performance, and determination that renewal will be in the best interest of the CITY.
Option to renew should be provided in writing pursuant to the notice provision thirty (30)
days prior to the end of the contract period.
9. BILLING: CONTRACTOR will provide an invoice to the CITY no more frequently
than once per month. Each invoice will be accompanied by a cumulative time
sheet detailing all employee time logged for the invoice period as well as a copy of each
individual’s employee time card. The time sheet must list each guard by name,
location, pay rate, bill rate and daily hours worked.
10. TERMINATION: Either party may terminate this Agreement on written notice, provided
that the services hereunder will not be terminated until thirty (30) days subsequent to
the date of such written notice.
11 INSURANCE: Contractor will provide liability insurance coverage, written with such
insurance carriers as the CITY will reasonably approve, for personal injury and
property damage. Comprehensive General Liability Insurance must be written on the
comprehensive form of policy. The policy must contain minimum limits of liability as
follow or $1,000,000 Combined Single Limit; Bodily Injury of $1,000,000 and
Property Damage of $500,000 each occurrence.
Employer’s Liability Insurance requires $1,000,000, and Workers Compensation
insurance statutory requirements. All insurance policies must be issued by companies
authorized to do business under the laws of the State of Florida. The companies must
be rated no less than “B+” as to management, and no less than “Class V” as to strength
by the latest edition of Best’s Insurance Guide, published by A.M. Best Company,
or its equivalent, or the company must hold a valid Florida Certificate of Authority as
shown in the latest “List of All Insurance Companies Authorized or Approved to do
Business in Florida”, issued by the State of Florida Department of Insurance and are
members of the Florida Guaranty Fund.
Prior to commencement of work, Contractor shall submit a Certificate of Insurance
naming the City as “additional insured”.
12. INDEMNIFICATION: CONTRACTOR agrees to indemnify, defend, and save harmless
the CITY, its officers, agents, and employees, from and against any and all liability,
claims, demands, or damages, caused by any negligent act, omission, or misfeasance,
connected with the performance of this Agreement, whether by act or omission of
CONTRACTOR, its agents, servants, employees or others; unless said claim for liability
is caused by the negligence, misfeasance or malfeasance of the CITY or its agents and
employees. Nothing herein will constitute a waiver by CITY of the protections,
immunities, and limitations of liability afforded CITY under Section 768.28, Florida
Statutes.
13. NON-ASSIGNABILITY: This Agreement or any portion hereof will not be assigned or
transferred by either party without the written consent of the other party.
813 of 1102
14. CONSTRUCTION: This Agreement and the terms hereof will be construed in
accordance with the laws of the State of Florida and venue for all actions in a court of
competent jurisdiction will lie in Palm Beach County, Florida.
15. JOINT PREPARATION: The preparation of this Agreement has been a joint effort of
the parties, and the resulting document will not, solely as a matter of judicial
construction, be construed more severely against one of the parties than the other. It is
the parties’ further intention that this Agreement be construed liberally to achieve its
intent.
16. COUNTERPARTS: This Agreement may be executed in one or more counterparts,
each of which will be deemed to be an original, but all of which will constitute one
and the same Agreement.
17. EXHIBITS ARE INCLUSIONARY: All exhibits attached hereto or mentioned herein
which contain additional terms will be deemed incorporate herein by reference.
18. NOTICES: Except as provided above, whenever either party desires to or must give
notice to the other, it must be given by written notice, sent by certified U.S. Mail, with
return receipt requested, addressed to the party for whom it is intended, at the place last
specified and the place for giving notice in compliance with the provisions of this
paragraph. For the present, the parties designate the following as the respective persons
and places for giving of notice:
Notices to the City of Boynton Beach will be sent to the following address:
Boynton Beach Police Department
100 East Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, FL 33425
ATTN: Lt. Joseph DeGiulio, Contract Administrator
Notices to Bidder will be sent to the following address:
Action Labor Management, LLC
d/b/a Staffing Connection
624 Nottingham Road
West Palm Beach, FL 33405
ATTN: Ms. Karen A. Hoover
19.In the event of any conflict between any provisions of this Agreement and
any provisions in the exhibits hereto, the parties agree that the provisions of this
Agreement are controlling.
20. PUBLIC RECORDS. The City of Boynton Beach is a public agency subject to Chapter
119, Florida Statutes. The Contractor shall comply with Florida’s Public Records Law.
Specifically, the Contractor shall:
814 of 1102
Keep and maintain public records that ordinarily and necessarily would be required by
the City in order to perform the service;
Provide the public with access to such records on the same terms and conditions that the
City would provide the records and at a cost that does not exceed that provided in
Chapter 119, Florida Statute, or as otherwise provided by law;
Ensure that public records that are exempt or that are confidential and exempt from
public record requirements are not disclosed except as authorized by law; and
Meet all requirements for retaining public records and transfer to the City, at no cost, all
public records in possession of the contractor upon termination of the contract and
destroy any duplicate public records that are exempt or confidential and exempt. All
records stored electronically must be provided to the City in a format that is compatible
with the information technology systems of the agency.
The failure of Contractor to comply with the provisions set forth in this Article shall
constitute a Default and Breach of this Agreement and the City shall enforce the Default in
accordance with the provisions set forth in item 10.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day
and year first above written.
CITY OF BOYNTON BEACH
By: __________________________
ATTEST: Lori LaVerriere, City Manager
________________________
Janet Prainito, City Clerk
APPROVED AS TO FORM:
By: __________________________
City Attorney
Signed, Sealed, and delivered
In the presence of:
_________________________________ ACTION LABOR MANAGEMENT, LLC d/b/a
STAFFING CONNECTION
_________________________________ BY:_______________________________
815 of 1102
Print Name
_________________________________
_________________________________ Print Name
_________________________________ Title:______________________________
Print Name
(CORPORATE SEAL)
ATTEST:
________________________________
Secretary
816 of 1102
EXHIBIT ‘A’
817 of 1102
EXHIBIT ‘B’
818 of 1102
EXHIBIT ‘C’
819 of 1102
820 of 1102
821 of 1102
822 of 1102
823 of 1102
824 of 1102
825 of 1102
826 of 1102
7. E
BIDS AND PURCHASES OVER $100,000
October 15, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 15, 2013
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve a Three Year Extension to the Processing
EQUESTED CTION BY ITY OMMISSION
Agreement between Sun Recycling, LLC (SUN) and the City of Boynton Beach for the transfer of
recycling material to include yard waste, mixed recyclables and construction and demolition
debris.
RP#1:
O1,2013S30,2016
ENEWAL ERIOD
CTOBER TO EPTEMBER
ER:
The City Commission approved an interlocal agreement with
XPLANATION OF EQUEST
Solid Waste Authority to deliver municipal solid waste to designated facilities and for the
operation of a recycling program in 2009, R09-155.
Subsequent to this interlocal agreement the City Commission approved a Processing
Agreement between Sun Recycling, LLC, 790 Hillbrath Drive, Lantana, Florida and the
City of Boynton Beach for the purpose of processing the City’s bulk trash material
(wood, plastic, metal) and providing the LEED certification needed for reporting
recycling activity to the State (Resolution No. R10-133). The SUN facility in Lantana is
fully permitted and licensed by the Solid Waste Authority of Palm Beach County (SWA),
Palm Beach County Health Department, and the Florida Department of Environmental
Protection. The facility is considered a designated facility by SWA.
The Processing Agreement expired on September 30, 2013 but provides the City with
the option to renew for two (2) additional three-year periods. The Public Works Solid
Waste Division has been very pleased with the service provided by SUN and would like
to extend the Processing Agreement for an additional three-year period.
827 of 1102
The previous year’s expenditures were as follows:
FY 2013 $354,317.00
FY 2012 $230,490.00
H?
SUN assists the City in receiving
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
appropriate recycling credits from the SWA and provides required documentation,
filings, and confirmation of the City’s documentation of its recycling credits.
FI:
SUN Recycling Facility has indicated that the rate for construction and
ISCAL MPACT
demolition debris will be $12.50 per cubic yd. or $40.00 per ton, whichever is lower.
The Solid Waste Authority’s current rate is $45.00 per ton. Funds have been included
in the FY2014 budget for this expense under account number 431- 2515-534-34-62.
A:
Do not renew this agreement
LTERNATIVES
828 of 1102
829 of 1102
830 of 1102
831 of 1102
832 of 1102
833 of 1102
834 of 1102
835 of 1102
836 of 1102
837 of 1102
838 of 1102
839 of 1102
840 of 1102
7. F
BIDS AND PURCHASES OVER $100,000
October 15, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 15, 2013
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R13-116 -
EQUESTED CTION BY ITY OMMISSION
Approve the piggyback of City of Pompano Beach Bid #H-50-13 with Yamaha Golf Cart
Company for the purchase of Eighty-Five (85) 2014 Yamaha Electric Golf Carts and Four (4)
Electric Ranger Cars for a net purchase price of $298,325 after trade-in allowance for our current
golf carts and authorize the City Manager to execute financing documents for 48 month financing
with a $1 per cart buyout at the end of the lease term.
ER:
Recently staff at the Links Golf Course completed a review
XPLANATION OF EQUEST
of existing equipment and has determined that most of the current golf carts range from
8-10 years old. Given the advanced age of the golf carts, of which the normal lifespan
is 3-4 years, the Golf Course is experiencing severe maintenance issues with golf carts
breaking down on the course daily and many being out of service longer than is
acceptable. The Golf Course staff is working diligently in all areas from maintenance to
marketing in order to bring the Golf Course back up to its award winning condition and
status. In order to run a top quality Golf Course the most appropriate action would be to
replace all carts and finance them over a four (4) year period.
Currently the Golf Course has Club Car electric carts and this purchase would remain
with electric carts and only change the brand of cart to Yamaha which is an acceptable
alternative for our golf patrons.
The bid provides for a purchase price of $3,800 per cart for a total purchase price of
$338,200.00 and allows for a trade-in amount of $39,875.00 for the current 90 Club Car
and 5 ranger cars resulting in a net purchase price of $298,325.00 that the City would
be looking to finance.
841 of 1102
Yamaha Golf Cart Company has offered a 48 month Net Municipal Lease/Purchase
with a $1.00 per cart buyout at the end of the term. The Lease/Purchase has a
municipal interest rate of 4.2% and monthly per cart payment would be $75.70 or
approximately $6,737 per month for all the golf carts being purchased.
The Finance Department has inquired with Bank of America, the City’s vendor for
banking services and they have informed us that they would be unable to offer us any
competitive financing because golf carts are considered non-essential for governmental
operations and the overall dollar amount is too small.
The Finance Department is currently contacting another funding source and is awaiting
their response, if their financing terms are more favorable than Yamaha Golf Cart
Company the City would execute financing documents with that vendor.
The City of Pompano Beach has complied with public competitive bid requirements that equal or
exceed the City of Boynton Beach bid requirements.
H?
By replacing the golf cart inventory
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
it will provide new golf carts for the patrons to use, enhancing the overall image of the
Golf Course and improving the rate of play, along with reducing the maintenance costs
that the Golf Course has experienced in recent years.
FI:
The impact will be the Golf Course Fund having an estimated annual
ISCAL MPACT
payment of $80,847 for the next four (4) years and will be funded from reserves for golf
cart purchases in the Golf Course Fund.
A:
If we do not piggyback this bid and the City has to go through its own
LTERNATIVES
formal bid process that will delay the replacement of Golf Carts by at least 3-6 months,
the season will be over and we run the risk of losing players due to ugly, unreliable golf
carts.
842 of 1102
RESOLUTION NO. R-11
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPROVING THE PIGGY-
BACKING OF THE CITY OF POMPANO BEACH BID #H-50-13
WITH YAMAHA GOLF CART COMPANY AND AUTHORIZE THE
CITY MANAGER TO EXECUTE THE FINANCING DOCUMENTS
FOR 48 MONTH FINANCING FOR A NET PURCHASE PRICE OF
$298,325.00; PROVIDING AN EFFECTIVE DATE.
WHEREAS,
staff at the Links Golf Course completed a review of existing
equipment and has determined that most of the current golf carts range from 8-10 years old
with severe maintenance issues and break downs on the course daily; and
WHEREAS
, in order to bring the Golf Course back up to its award winning
condition and run a top quality Golf Course it would be appropriate to replace all carts and
finance them over a four (4) year period; and
WHEREAS
, the City of Pompano Beach has complied with public competitive bid
requirements that equal or which exceed Boynton Beach’s bid requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Each Whereas clause set forth above is true and correct and
incorporated herein by this reference.
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
approves the piggy-backing of the City of Pompano Beach Bid #H-50-13 with Yamaha Golf
Cart Company for the purchase of eighty-five (85) 2014 Yamaha Electric Golf Carts and four
(4) Electric Ranger Cars for the net purchase price of $298,325.00.
Section 3. The City Manager is authorized to execute the financing documents
for 48 month financing with a $1.00 per cart buyout at the end of the term.
843 of 1102
Section 4. That this Resolution shall become effective immediately.
PASSED AND ADOPTED
this _____ day of October, 2013.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Woodrow L. Hay
______________________________
Commissioner – David T. Merker
_______________________________
Commissioner – Michael M. Fitzpatrick
_______________________________
Commissioner – Joe Casello
ATTEST:
_____________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
844 of 1102
Proposal Expressly Prepared For
The Links of Boynton Beach
The Links of Boynton Beach
Golf Course
Municipal “Piggy Back” from City of Pompano Beach GC
October 9, 2013
City of Boynton Beach,
I really wanted to thank you for the opportunity to submit this proposal for new Yamaha golf cars
at your facility. Our desire is to not only provide you with the best product and service in the
industry, but to also form a lasting business partnership for many years to come.
This proposal should include everything you requested, but if you would like to change or
customize a few things to better fit your needs please give me a call.
This proposal is based off of the same pricing on the new 2014 Yamaha Golf Car “Drive” electric
model used for the accepted bid at The City of Pompano Beach Golf Course. The only variable
would be the trade-in golf cars and model year.
I know that both Yamaha Golf-Car Company and I can exceed your expectations, and once
again I appreciate your time and consideration.
Sincerely,
Tommy Dee
Tommy Dee
District Manager – East Florida
Yamaha Golf-Car Company
561.598.9518 - Cell
561.626.2505 - Fax
845 of 1102
The Links of Boynton Beach
Golf Club
Golf Club
October 9, 2013
Eighty (89) 2014 Yamaha 48-volt Electric Drive golf cars equipped with a 3.5 horsepower
Hitachi motor that is high quality, highly efficient, and whisper quiet. The industry first
EnduraDrive transaxle is essentially maintenance free and eliminates the need for brake drums
and shoes. The cars also feature automotive, ladder style, HybriCore Chassis consisting of a
100% robotically welded steel frame, protected by an 18 step paint process, with a
polypropylene structural floor that is 2.5 times stronger than our previous model yet is also 20%
lighter. Not only built for durability, but also comfort, the Drive features the largest and most
comfortable contoured seat, the largest sweater basket, largest bag well and the largest canopy
top in the industry. With the largest area of entry and egress, an automotive style dash, and a
fully independent Tru-Trak II front suspension the Drive is designed to meet all of your
customer’s needs.
Standard Features Included
Sweater Basket ClimaGuard Top with Dual Rain Gutters
Sentry Wraparound Protection System Energy absorbing 5 MPH bumpers
Thermoplastic Olefin Body Six (6) Eight Volt Trojan T875 Batteries
Maintenance free Rack and Pinion Steering Perma-lubed, sealed ball bearings
Self- adjusting Internal Braking SystemYamaha Built Battery Charger
Coil Springs Over Hydraulic Shock Absorbers Genius Diagnostic System
Maintenance Free Internal Transaxle Disc Brake Four (4) Cup Drink Holder
Optional Equipment Included
846 of 1102
Fold Down Windshield
Information Holder
Fleet Numbers (2 per
car) Club Logo
Hubcaps
Rear Bag Cover
Sand Bucket Kit (2 per
car)
Trojan Battery Water Fill
System Color:
Glacier White 85 cars
De-Ionizer Water Filter System Color: Blue, Hunter or Garnet 4 Ranger
Cars
Four (4) cars with 3
sided weather enclosure
847 of 1102
Purchase Quotation
Includes all standard and optional equipment listed in previous page
New 2014 Yamaha Drive Electric Cars
QTY MODEL UNIT PRICE TOTAL
85 DRIVE -E White $ 3,800.00
$323,000.00
04 DRIVE – E $ 3,800.00 $
15,200.00
(Choice of color: Garnet, Blue or Hunter)
Total
$338,200.00
TRADE-INS
QTY MODEL UNIT PRICE TOTAL
95
Club Car Golf cars $
39,875.00
(To Include: 90- 2006 DS, and Five (5) Various Club Car Ranger cars)
Total $
39,875.00
Total Fleet Car
$338,200.00
Total Trades ($
39,875.00)
Net Total Cost
$298,325.00
______________________________________________________________________
__________
Please allow 45 Days from time of order for delivery
If the proposal is acceptable under the above terms please sign and date
Tommy Dee
Accepted by: __________________________ Date: _____________ Accepted by: ________
848 of 1102
City of Boynton BeachYamaha District
Manager
Accepted by: __________________________ Date: _____________
_____________________________
Yamaha Regional ManagerDate
The Links of Boynton Beach
The Links of Boynton Beach
Golf Club
October 9, 2013
Forty-eight (48) Month $1.00 buy Lease/Purchase
Yamaha Golf Company is pleased to offer The Links of Boynton Beach GC the following quote
for new 2014 Yamaha Fleet golf cars. The new fleet package is offered with Yamaha Motor
Commercial Finance Company lease with new 2014 Drive electric golf cars. (pending credit
approval)
Fleet Package – 48 month $1.00 Lease/Purchase lease options: (Net of Trades)
Eighty-nine (89) – New 2014 Yamaha Fleet Golf Cars in Glacier White and Four (4) Ranger
cars: equipped with all standard equipment plus the following accessories:
Climaguard Tops Rear Bag Covers Wheel Covers
Information Holders Fleet Numbers (1-89)
Split Windshield Trojan HydoLink System
Sand Bucket Kit (2) per car Club Logo
3 side weather enclosure – (4 Ranger cars)
Term Model Per Car Per Month Monthly Buy
out
48 month Drive $75.70 $6,737.30 $1.00
per car
Trade in amount of $39,875.00 applied to lower monthly payment.
** Includes property taxes.
849 of 1102
Tommy Dee_____
Approved: __ Accepted:
______________________
City of Boynton Beach
Tommy Dee
District Manager – East Florida Date: ____________
Yamaha Golf-Car Company
Yamaha Standard Factory Warranty
Company hereby warrants that any new YDRA gas or YDRE electric Yamaha golf car purchased from an
authorized Yamaha golf car dealer in the United States will be free from defects in material and workmanship for
FOUR years from date of purchase, subject to the stated limitations.
DURING THE PERIOD OF WARRANTY
any authorized Yamaha golf car dealer will, free of charge, repair or
replace, at Yamaha’s option, any part adjudged defective by Yamaha due to faulty workmanship or material from
the factory. Parts used in warranty repairs will be warranted for the balance of the vehicle’s warranty period. All
parts replaced under warranty become property of Yamaha Golf-Car Company.
GENERAL EXCLUSIONS
from this warranty shall include any failures caused by: Abnormal strain, neglect, or
b.
abuse, including lack of proper maintenance, and use contrary to the Owner’s/Operator’s Manual instructions.
c.d.
Accident or collision damage. Installation of parts or accessories that are not original equipment. Fading, rust,
e.
or deterioration due to exposure or ordinary wear and tear. Modifications or alterations that affect the car’s
condition, operation, performance, or durability, or which makes the car serve a purpose other than use as a two-
f.g.
person, golf course vehicle. Damage due to improper transportation. Acts of God, i.e. lightning, hail damage,
flooding, fire, etc.
WARRANTY COVERAGE:
Year 1:
The first year of warranty shall cover the entire vehicle except for the Specific Exclusions below.
Year 2:
The second year exclusions are the YDRA battery, body parts, seats, mats, bumper assembly, bag carrier,
scorecard holder, trim, and the Specific Exclusions below.
Year 3:
The third year exclusions include the second year exclusions, plus the control cables and electrical system
(except electronic speed controller, battery charger, and electric motor), and the Specific Exclusions below.
Year 4:
The fourth year of the warranty covers only the electric motor, speed controller, battery charger, and
transaxle on the YDRE and the engine, clutch system (except drive belt), and transaxle on the YDRA.
SPECIFIC EXCLUSIONS:
Specific exclusions from this warranty shall include the following:
� Any parts replaced due to normal wear or routine maintenance, including oil and air filter elements, tire wear,
spark plugs, starter and clutch drive belts.
� Any charges incurred in transporting a golf car or charger to and from an authorized Yamaha golf car dealer for
service or in performing field service are also excluded from this warranty.
� Gasoline powered golf car starting batteries on vehicles equipped with a golf course GPS device, or any other
device with a high parasitic current draw, unless the vehicle is equipped with an optional factory installed deep cycle
starting battery.
I have read and agree to the above conditions set forth in the Warranty ________
Initial
850 of 1102
YAMAHA FOUR-YEAR LIMITED BATTERY WARRANTY
Yamaha Golf-Car Company
hereby warrants to the original Retail Purchaser or Lessee or a Yamaha YDRE golf
car, PTV or electric utility vehicle from an Authorized Yamaha Dealer, that the Trojan batteries charged with a
Yamaha battery charger will be free for defects in material and workmanship, and will provide “36-hole
performance” for a period of 4-years or 21,500 amp hours or 4-years and 23,000 amp hours (with the addition of a
factory installed Trojan Hydrolink Battery Watering System) discharged from date of purchase, subject to the
terms and conditions of the complete warranty within the warranty. A copy of the complete warranty has been
included with this Proposal via email or print form.
I have read and agree to the above conditions set forth in the Warranty ________
Initial
Trades
**All trades and chargers, (if applicable), must be in normal operating condition at the time of
the new car delivery. Any car not running or having any excess damage beyond normal wear and
tear will be charged to the club.
851 of 1102
852 of 1102
853 of 1102
854 of 1102
855 of 1102
856 of 1102
857 of 1102
858 of 1102
859 of 1102
860 of 1102
861 of 1102
862 of 1102
863 of 1102
864 of 1102
8. A
CODE COMPLIANCE & LEGAL SETTLEMENTS
October 15, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 15, 2013
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve negotiated settlement in case of Morton
EQUESTED CTION BY ITY OMMISSION
Goldstein v. City of Boynton Beach.
ER:
XPLANATION OF EQUEST
Defense Counsel: Michael Burke, Johnson, Anselmo, Murdoch et al
Plaintiff Counsel: Barry S. Balmuth, P.A.
Summary:
On July 6, 2011, Mr. Goldstein, Part Time Library Page, requested a four (4) month
leave of absence for a medical procedure he scheduled for July 25, 2011. Mr.
Goldstein was not eligible for leave in accordance with the provisions of the Family and
Medical Leave Act (FMLA). Mr. Goldstein requested consideration for a Leave of
Absence in accordance with the City’s Personnel Policy Manual. During the months
leading up to July, budgetary layoffs were being discussed, and the Library was among
those City departments identified for implementing staff reductions. As a result, Mr.
Goldstein’s request for a Leave of Absence was denied due to the negative effects it
would have on the Library’s operations.
Employees affected by the reductions in force throughout the City were notified on July
27, 2011. Due to Mr. Goldstein occupying a position within one of the classifications
scheduled for layoff, coupled with his inability to report to work for an extended time for
recovery from his medical procedure, his employment was separated on July 26, 2011.
Mr. Goldstein filed a lawsuit with the United States District Court’s Southern District of
Florida, West Palm Beach Division claiming that his termination was improper. The City
865 of 1102
has denied any wrong-doing. Michael Burke, Esquire, was designated to represent the
City in this matter. As with all litigation, mediation was conducted to determine if the
case could be settled without having to incur the cost and risk of litigation. A tentative
settlement was reached, wherein Mr. Goldstein has agreed to settle his claims against
the City for the total sum of $59,500, subject to Commission approval. The City has
denied wrong-doing (see attachment).
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Recommendations for settlements of claims of this nature are part of the ongoing
responsibilities of the Human Resources and Risk Management Department.
FI:
ISCAL MPACT
Settlement monies will be charged to the Risk Management Budget line item 522-1710-
519-49.20 - Self Insured Losses for first and third party claims.
A:
LTERNATIVES
This settlement offer becomes void if not approved by City Commission at this October
15, 2013 meeting. Should this settlement offer be rejected by City Commission, the City
will incur costly continued litigation charges in defense of this case, which are estimated
to far exceed the settlement amount.
866 of 1102
The City of Boynton Beach, Florida
RISK MANAGEMENT DEPARTMENT
COMMISSION AGENDA MEMORANDUM
TO:
Lori LaVerriere, City Manager
THRU:
Julie Oldbury, Director of Human Resources & Risk Management
FROM:
Pam Webb, Risk Administrator
DATE:
October 3, 2013
SUBJECT: Morton Goldstein v. City of Boynton Beach
Date of Loss:
X Settlement __ Judgement
Risk Management recommends the City Commission ratify the:
in the above stated manner.
RESERVES
: Indemnity: $ 100,000 Expenses: $ 50,000
Demand
: Original: $ 203,000 Final: $ 100,000
Offer
: Original: $ 2,500 Final: $ 59,500
SETTLEMENT$ 59,500
:
X
NOTE:
This settlement is the compromise of a claim for damages. Payment by the City is not to be construed, in
any way, as an admission of liability or responsibility for any damages or injuries resulting therefrom.
Current Adjustment FeesCurrent Legal Fees:
: $ -0- $ 10,446.38
IF NOT SETTLED
Projected Legal FeesProjected Jury Verdict
: $ 125,000 : $ 100,000
JUDGEMENT$ -
:
__
Current Adjustment Fees:Current Legal Fees:
$ - $ -
CASE NARRATIVE
:
In July 2011, the City was unable to approve a four (4) month Leave of Absence
requested by Mr. Goldstein, Part Time Library Page, who was not eligible for leave
under the Family and Medical Leave Act (FMLA). Due to his inability to report to work
for an extended period of time, coupled with the Library being required to make
budgetary staffing reductions, Mr. Goldstein’s employment was separated on July 26,
2011.
867 of 1102
868 of 1102
869 of 1102
870 of 1102
9. A
PUBLIC HEARING
October 15, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 15, 2013
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Request for Master Plan Modification (MPMD 13-
EQUESTED CTION BY ITY OMMISSION
001) and Conditional Use (COUS 13-002) approval intended to allow construction of a
freestanding restaurant with drive-through facility consisting of 2,024 square feet; and related site
improvements at the Cross Creek Centre, 1301 West Boynton Beach Boulevard, within a PCD
(Planned Commercial Development) zoning district. Applicant: Michael Janoura of Cross Creek
TH
Boynton, LLC. (TABLED ON SEPTEMBER 17)
ER:
Victor Yue, agent for owner Cross Creek Boynton, LLC is
XPLANATION OF EQUEST
requesting Master Plan Modification to allow construction of a freestanding restaurant
(2,024 square feet) and related site improvements; adjustment of the parking layout; an
update to the façades of the existing buildings, including a new color palette; and
additional perimeter landscaping; and requesting Conditional Use approval for a drive-
through facility in conjunction with the proposed restaurant. The Planning &
th
Development reviewed the subject request on September 24 and forwards the request
with a recommendation for approval.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
The proposed new building will generate approximately $2,400 in
ISCAL MPACT
additional ad valorem taxes annually for the shopping center. The difference in other
revenues is negligible.
A:
To not approve the proposed master plan modification and conditional
LTERNATIVES
use, thereby leaving an older shopping center in its current condition.
871 of 1102
872 of 1102
873 of 1102
874 of 1102
875 of 1102
876 of 1102
877 of 1102
878 of 1102
879 of 1102
880 of 1102
881 of 1102
882 of 1102
883 of 1102
884 of 1102
885 of 1102
886 of 1102
887 of 1102
888 of 1102
889 of 1102
890 of 1102
891 of 1102
892 of 1102
893 of 1102
894 of 1102
895 of 1102
896 of 1102
897 of 1102
898 of 1102
899 of 1102
EXHIBIT “D” - CONDITIONS OF APPROVAL
Project Name: Cross Creek Centre
File number: MPMD 13-001 / COUS 13-002
rd
Reference: 3 review plans identified as a Master Plan Modification and Conditional Use
with a July 23, 2013 Planning and Zoning Department date stamp marking.
DEPARTMENTS
INCLUDE REJECT
ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES
Comments:
1. At time of permitting, correct the western access drive from Boynton
Beach Boulevard on all civil, tree disposition, and landscape plan
sheets to indicate one (1) right-in lane and one (1) right-out lane (no √
left turn due to median). Align proposed striped median and
inbound and outbound traffic drive aisles accordingly.
2. At time of permitting, revise Sheet TS-3 to tabulate the total number
or diameter inches of existing trees on the site proposed to be
√
preserved in place, relocated, or removed and replaced [diameter
inches] on the site, and indicate all replacement trees with a
separate symbol on the landscape plan.
3. At time of permitting, revise landscape plans to indicate tree
protection barriers for the 39 existing trees to be preserved in place. √
4. At time of permitting, revise landscape plans and tree disposition
plans as follows:
a. Trees 11-12: healthy, must relocate, show new location on
landscape plan.
b. Trees 14, 16, 18: show mitigation 26” total.
c. Trees 51-59: shown as relocate in table, not shown relocated on
landscape plan.
d. Trees 62-69, 71: relocate, show new location on landscape √
plan.
e. Trees 72, 75-77: relocate, show new location on landscape
plan.
f. Trees 85-86: shown as remaining on landscape plan, show as
remaining in table.
g. Trees 101-113: shown as remaining on landscape plan, show as
remaining in table.
5. At time of permitting, revise landscape plans to indicate where the
15 Royal Palms are to be relocated on the site. √
6. At time of permitting, revise landscape plan to include a 25 foot safe
sight triangle and provide mature plant/tree size for all plant material
within the 25 foot safe sight triangle, verifying that all will be within
the guidelines for plantings within the 25 foot safe sight triangle, √
especially cross visibility at maturity. (Ch. 4, Art. II Sec. 4.A.14.a. of
the LDR)
900 of 1102
DEPARTMENTS
INCLUDE REJECT
7. At time of permitting, submit an Irrigation Plan that follows the
Florida Friendly - Waterwise principles using water saving √
components.
FIRE
Comments: All previous comments have been addressed.
POLICE
Comments:
8. Prior to issuance of the building permit, the applicant shall prepare a
construction site security and management plan for approval by the
√
City’s Police Department CPTED Official.
9. Security measures at a construction site are determined after a
security survey is conducted using the following procedures: a
staging area to store equipment and park machinery must be
fenced. The staging area must be visible from an accessible √
roadway to allow effective police patrol. Lighting must be provided
to allow complete visibility to the area. Approved padlock for all
storage trailers and equipment trailers and park within staging area.
10. At time of permitting, revise plans to ensure there is no conflict with
outdoor lighting and long-term tree canopy growth. Timer clock or √
photocell lighting for nighttime use shall be above or near
entryways.
11. At time of permitting, revise plans to indicate pedestrian scale
lighting shall be used for all street and pedestrian walkways, with √
interactive or lighting on demand used in sensitive areas.
BUILDING DIVISION
Comments: All previous comments have been addressed.
PARKS AND RECREATION
Comments: None
901 of 1102
DEPARTMENTS
INCLUDE REJECT
PLANNING AND ZONING
Comments:
12. At time of permitting, submit a copy of waiver approval from the
Engineering Division for the loading zone or revise plans to include √
the required loading zone for proposed Building “C”.
13. At time of permitting note on plans that all rooftop equipment must
be completely screened from view at a minimum distance of 600 √
feet (per Ch 4, Art III, Sec. A.9.a.)
14. At time of permitting, revise plan sheets for proposed Building “C”
building elevations to identify added decorative features such as √
medallions, including color and materials.
15. At time of permitting, revise landscape plan to note that existing
landscape buffer wall shall be maintained with a neutral color that is √
consistent with the new color palette for the shopping center.
16. At time of permitting, revise site plan and landscape plan to indicate
and label the existing monument sign near the eastern access drive. √
17. Prior to permitting, submit a revised Master Sign Program to
Planning & Zoning for approval that integrates the new facades and
color palette for the shopping center, and the new tenant for √
proposed building (including menu board).
18. Prior to permitting, provide details of proposed multi-tenant wall
signage, including sign dimensions, font, colors, and sign face area
per sign. Per the Community Design Plan requirements of the LDR, √
only one (1) type of sign and (1) font/lettering style is permitted.
19. Any signage for proposed Building “C” that is visible from adjacent
property to the north shall be non-illuminated so as to minimize √
impacts to adjacent residential properties.
20. The Florida Royal Palms along Boynton Beach Boulevard are very
close to FPL power lines. At time of permitting, revise landscape
plans to indicate all existing and proposed Royal Palms along √
Boynton Beach Boulevard shall be relocated elsewhere on site and
replaced with a native species of canopy tree (with a minimum 4-
inch caliper) that complies with the FPL “Right Tree, Right Place”
guide and City landscape standards.
21. At time of permitting, revise landscape plan to include a canopy tree
in between each existing tree that is no longer Florida No. 1 quality
to screen adjacent residential properties from view above the 6 foot √
buffer wall.
902 of 1102
DEPARTMENTS
INCLUDE REJECT
22. At time of permitting, revise landscape plan to provide required
foundation landscaping for proposed Building “C” by adding trees or
palms (proportional to building height) and shrubs along the west √
side, and a planter (a minimum of 5 feet wide) in paver area on the
east side of the building.
23. At time of permitting, revise landscape plans to propose trees and
colorful shrubs for all planters in paver areas on south and east
building elevations of proposed Building “C” to comply with √
foundation landscaping requirements.
24. At time of permitting, revise landscape plan to propose a 12-14 foot
Traveler’s Palm or White Bird of Paradise Palm midway on north
side of proposed Building “C” to break up the large expanse of blank √
wall and continuous hedge.
25. At time of permitting, revise landscape plan to relocate the proposed
trash receptacle to the east façade of proposed Building “C” near √
the side door to reduce conflict with handicap accessibility and
outdoor seating.
26. At time of permitting, revise photometric plan site layout to match
new parking and landscape island designs indicated on other plan √
sheets.
27. Staff recommends that the audio component of the menu board
related to the drive-through facility project sound to the east, rather
than north, in order to mitigate any potential negative impact to the
residential neighborhood to the north. Sound levels shall be √
monitored and if sound levels are found to exceed sound limitations
of the code, the owner or operator shall either reduce the
amplification level to comply with city sound limits, or apply
additional sound mitigation measures to accomplish same.
28. At time of permitting, revise plans to indicate all existing dumpsters
for the shopping center shall be completely screened in compliance
with City requirements, and all dumpster enclosures shall be painted √
to match a neutral color used on the new color palette for the
buildings.
29. At time of permitting, revise plans to extend the pavered walkway in
front of Building “B” to include the area designated for parallel
parking on each side of the striped pedestrian walkway, thereby √
eliminating two (2) parallel parking spaces and providing additional
safety for pedestrians.
COMMUNITY REDEVELOPMENT AGENCY
Comments: None (not in CRA area).
903 of 1102
DEPARTMENTS
INCLUDE REJECT
PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments: None
CITY COMMISSION CONDITIONS
Comments: To be determined.
S:\Planning\SHARED\WP\PROJECTS\Cross Creek Centre\ MPMD 13-001\Conditions of Approval Post PD.doc
904 of 1102
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Cross Creek Centre (MPMD 13-001 / COUS 13-002)
APPLICANT/AGENT: Victor Yue of Dorsky & Yue International, LLC
rd
APPLICANT’S ADDRESS: 100 SE 3 Avenue, Suite 2410, Fort Lauderdale, FL 33394
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 15, 2013
APPROVAL SOUGHT: Master Plan Modification and Conditional Use to allow
construction of a freestanding restaurant with drive-through facility consisting of 2,024 square
feet and related site improvements at the Cross Creek Centre, a 4.54-acre parcel in the Planned
Commercial Development (PCD) zoning district.
LOCATION OF PROPERTY: 1301 West Boynton Beach Boulevard
DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO.
________ THIS MATTER was presented to the City Commission of the City of Boynton Beach,
Florida on the date of hearing stated above. The City Commission having considered the approval sought
by the applicant and heard testimony from the applicant, members of city administrative staff and the
public finds as follows:
1. Application for the approval sought was made by the Applicant in a manner
consistent with the requirements of the City’s Land Development Regulations.
2. The Applicant
___ HAS
___ HAS NOT
established by substantial competent evidence a basis for the approval requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set forth
on Exhibit “D” with notation “Included.”
4. The Applicant’s request is hereby
___ GRANTED subject to the conditions referenced in paragraph 3 above.
___ DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms and
conditions of this order.
7. Other: _______________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
DATED:__________________________ _____________________________________________
City Clerk
905 of 1102
S:\Planning\SHARED\WP\PROJECTS\Cross Creek Centre\Development Order MPMD 13-001 & COUS 13-002.doc
906 of 1102
9. B
PUBLIC HEARING
October 15, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 15, 2013
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve Major Site Plan Modification (MSPM 13-
EQUESTED CTION BY ITY OMMISSION
003) request to construct a 3,332 square foot, one-story veterinary clinic for natural and holistic
animal care, located at 222 West Boynton Beach Boulevard, within a C-2 (Neighborhood
Commercial) zoning district. Applicant: Nancy Keller, DVM..
ER:
The applicant is proposing to combine two existing vacant
XPLANATION OF EQUEST
structures in redeveloping the site for the Healing Grounds, a combination holistic
veterinary clinic and human healing place. The proposed Healing Grounds will provide
holistic care for small animals, including conventional medicine, acupuncture, Chinese
herbs, homeopathy, magnetic therapy, and an outdoor salt-water pool for physical
therapy. No animal boarding is allowed, with the exception of overnight stays for
animals being treated.One room will be dedicated to proposed human healing and spa
service, including massage therapy and acupuncture. The total enclosed building
square footage is 3,332 square feet consisting of 3,218 square feet allocated to the
veterinary clinic, and 114 square feet for the spa component. The applicant’s practice,
rd
Healing Heart, is currently located at 208 NE 3 Street and will relocate to the subject
property upon completion of the project.
th
The Planning & Development Board reviewed this request at their September 24
meeting and recommended approval.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
Construction of the project will add to the City’s tax base and revitalize
ISCAL MPACT
two (2) vacant structures along the Boynton Beach Boulevard corridor.
907 of 1102
A:
Approve the request, approve with conditions, or deny the request (the
LTERNATIVES
denial of the project is not recommended as the project would comply with all Land
Development Regulations once the conditions of approval are met).
908 of 1102
909 of 1102
910 of 1102
911 of 1102
912 of 1102
913 of 1102
914 of 1102
915 of 1102
916 of 1102
917 of 1102
918 of 1102
919 of 1102
EXHIBIT “C” - CONDITIONS OF APPROVAL
Project Name: Healing Grounds
File number: MSPM 13-003
Reference: 2ndreview plans identified as a Major Site Plan Modification with a August 13,
2013 Planning and Zoning Department date stamp marking.
DEPARTMENTS
INCLUDE REJECT
ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES
Comments: None (All previous comments addressed).
FIRE
Comments: None (All previous comments addressed).
POLICE
Comments:
1. Prior to issuance of the first building permit for this project, the
applicant shall prepare a construction site security and management
plan for approval by the City’s Police Department CPTED Official.
Security measures at a construction site are determined after a √
security survey is conducted using the following procedures: a
staging area to store equipment and park machinery must be fenced.
The staging area must be visible from an accessible roadway to
allow effective police patrol. Lighting must be provided to allow
complete visibility to the area. Approved padlock for all storage
trailers and equipment trailers and park within staging area.
BUILDING DIVISION
Comments:
2. Please note that changes or revisions to these plans may generate
additional comments. Acceptance of these plans during the DART
(Development Application Review Team) process does not ensure √
that additional comments may not be generated by the commission
and at permit review.
3. At time of permit review, submit signed and sealed working drawings
of the proposed construction. √
4. A water-use permit from SFWMD is required for an irrigation
system that utilizes water from a well or body of water as its
source. A copy of the permit shall be submitted at the time of
√
permit application, F.S. 373.216.
920 of 1102
DEPARTMENTS
INCLUDE REJECT
5. The full address of the project shall be submitted with the
construction documents at the time of permit application
submittal. The addressing plan shall be approved by the United
States Post Office, the City of Boynton Beach Fire Department,
the City’s GIS Division, and the Palm Beach County Emergency
911.
√
a. Palm Beach County Planning, Zoning & Building Division,
2300 N. Jog Road, West Palm Beach, Florida 33411-
2741(Sean McDonald – 561-233-5016)
b. United States Post Office, Boynton Beach (Michelle Bullard –
561-734-0872)
6. Revise Cover Sheet A-0.1 to correct the FEMA map and panel
number for this property. The correct reference number is
√
120196 0003 C.
PARKS AND RECREATION
Comments: None
PLANNING AND ZONING
Comments:
7. At time of permitting, revise plans to provide a continuous pedestrian
walkway from the parking spaces on the west side of the building for
customers to safely access either the front or rear entrance to the √
building without walking in the parking lot.
8. At time of permitting, revise monument sign detail note to delete
reference that sign will also be displayed as art in public places.
The proposed rock fountain does not qualify for the public art
requirement as it is a sign. Revise site and landscape plan to √
indicate a revised location on site for the public art and provide a
detail on plans.
9. At time of permitting, revise landscape plan to replace sod areas that
are not designated as dog walk areas with additional shrubs and/or
groundcover species as accents, and to eliminate the need for more √
intensive irrigation zones and mowing.
COMMUNITY REDEVELOPMENT AGENCY
Comments: No comments.
921 of 1102
DEPARTMENTS
INCLUDE REJECT
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments: None.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments: To be determined.
S:\Planning\SHARED\WP\PROJECTS\Healing Grounds\MSPM 13-003\EXHIBIT C - Conditions of Approval.doc
922 of 1102
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Healing Heart Grounds (MSPM 13-003)
APPLICANT/AGENT: Nancy Keller, DVM / Bridget Keller
APPLICANT’S ADDRESS: 180 Neptune Drive, Hypoluxo, FL 33462
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 15, 2013
APPROVAL SOUGHT: Major Site Plan Modification to allow redevelopment for a 3,332
square foot veterinary clinic on 0.60 acre in a C-2 zoning district.
.
LOCATION OF PROPERTY: 222 West Boynton Beach Boulevard
DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO.
________ THIS MATTER was presented to the City Commission of the City of Boynton Beach,
Florida on the date of hearing stated above. The City Commission having considered the approval sought
by the applicant and heard testimony from the applicant, members of city administrative staff and the
public finds as follows:
1. Application for the approval sought was made by the Applicant in a manner
consistent with the requirements of the City’s Land Development Regulations.
2. The Applicant
___ HAS
___ HAS NOT
established by substantial competent evidence a basis for the approval requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set forth
on Exhibit “C” with notation “Included.”
4. The Applicant’s request is hereby
___ GRANTED subject to the conditions referenced in paragraph 3 above.
___ DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms and
conditions of this order.
7. Other: _______________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
DATED:__________________________ _____________________________________________
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Healing Grounds\Development Order.doc
923 of 1102
9. C
PUBLIC HEARING
October 15, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 15, 2013
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve New Site Plan (NWSP 13-003) request to
EQUESTED CTION BY ITY OMMISSION
allow construction of a 4-story Hotel with 93 guest rooms and related site improvements at 2001
West Ocean Drive in the C-3 (Community Commercial) zoning district. Applicant: Hardial Sibia
of Boynton Holdings, LLC.
The applicant is proposing a 4-story Holiday Inn Express & Suites Hotel
ER:
XPLANATION OF EQUEST
and related site improvements on the north side of West Ocean Drive, approximately 500 feet east
of South Congress Avenue. The proposed 4-story hotel would be the maximum of 45 feet in
height allowed in the C-3 zoning district, and contain 93 guest rooms with a total of 57,685 square
feet of building area. The proposed hotel includes a fitness room, meeting rooms, and an outdoor
swimming pool.
In 2007, a 19-foot building height variance (ZNCV 08-001) was approved by the City Commission
for the hotel property, allowing 65 feet / 5 stories. The applicant initially submitted plans for a five-
story, 102 room hotel with a restaurant and bar, and has since revised the plans to propose a four-
story, 93 room hotel without a restaurant and bar.
th
The Planning & Development Board reviewed this request at their September 24 meeting and
recommended approval.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
Construction of the project will add to the City’s tax base while
ISCAL MPACT
eliminating a vacant commercial property near the Congress Avenue corridor.
A:
Approve the request, approve with conditions, or deny the request.
LTERNATIVES
924 of 1102
925 of 1102
926 of 1102
927 of 1102
928 of 1102
929 of 1102
930 of 1102
931 of 1102
932 of 1102
933 of 1102
934 of 1102
935 of 1102
936 of 1102
937 of 1102
938 of 1102
939 of 1102
940 of 1102
EXHIBIT “C” – CONDITIONS OF APPROVAL
Project Name: Holiday Inn & Suites
File number: NWSP 13-003
Reference: 4threview plans identified as a New Site Plan with an August 22,
2013 Planning and Zoning Department date stamp marking.
DEPARTMENTS
INCLUDE REJECT
ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES
Comments:
1. At time of permitting, revise all plans in plan set to match civil plans
that indicate the existing road section (right turn lane and left turn
lane) is extended along West Ocean Drive from the western project √
limits to the eastern project limits along with required transitions
back to two lane road section (only the civil drawings indicate it
correctly).
2. At time of permitting, revise landscape plant list to include a variety
of colors of Oleander Standard proposed along east property. √
3. At time of permitting, revise landscape plant list from Dwarf
Schefflera to a variegated Arbicola (Trinette) to provide more color √
and visual interest.
FIRE
Comments: None (all previous comments addressed).
POLICE
Comments:
4. Prior to issuance of the first building permit for this project, the
applicant shall prepare a construction site security and management √
plan for approval by the City’s Police Department CPTED Official.
5. Security measures at a construction site are determined after a
security survey is conducted using the following procedures: a
staging area to store equipment and park machinery must be
fenced. The staging area must be visible from an accessible √
roadway to allow effective police patrol. Lighting must be provided
to allow complete visibility to the area. Approved padlock for all
storage trailers and equipment trailers and park within staging area.
6. Pedestrian scale lighting shall be used for all street and pedestrian
walkways. It is suggested that interactive or lighting on demand be √
used in sensitive areas.
941 of 1102
DEPARTMENTS
INCLUDE REJECT
7. Timer clock or photocell lighting for nighttime use shall be above or
near entryways. √
BUILDING DIVISION
Comments:
8. Please note that changes or revisions to these plans may generate
additional comments. Acceptance of these plans during the DART
(Development Application Review Team) process does not ensure
that additional comments may not be generated by the commission √
and at permit review.
9. Buildings, structures and parts thereof shall be designed to
withstand the minimum wind loads of 170 mph. Wind forces on
every building or structure shall be determined by the provisions of √
ASCE 7 and the provisions of 2010 FBC, Section 1609 (Wind
Loads).
10. Buildings three-stories or higher shall be equipped with an automatic
sprinkler system per F.S. 553.895. Fire protection plans and
hydraulic calculations shall be included with the building plans at the √
time of permit application and shall comply with Chapter 9 of the
FBC.
11. At time of permit review, submit signed and sealed working
drawings of the proposed construction. √
12. CBBCPP 3.C.3.4 requires the conservation of potable water. City
water may not, therefore, be used for landscape irrigation where √
other sources are readily available.
13. A water-use permit from SFWMD is required for an irrigation
system that utilizes water from a well or body of water as its
source. A copy of the permit shall be submitted at the time of
√
permit application, F.S. 373.216.
14. At time of permit review, submit separate surveys of each lot,
parcel, or tract.
√
15. Pursuant to approval by the City Commission and all other
outside agencies, the plans for this project must be submitted
to the Building Division for review at the time of permit
application submittal. The plans must incorporate all the
√
conditions of approval as listed in the development order and
approved by the City Commission.
942 of 1102
DEPARTMENTS
INCLUDE REJECT
16. The full address of the project shall be submitted with the
construction documents at the time of permit application
submittal. The addressing plan shall be approved by the United
States Post Office, the City of Boynton Beach Fire Department,
the City’s GIS Division, and the Palm Beach County Emergency
911.
√
c. Palm Beach County Planning, Zoning & Building Division,
2300 N. Jog Road, West Palm Beach, Florida 33411-
2741(Sean McDonald – 561-233-5016)
d. United States Post Office, Boynton Beach (Michelle Bullard –
561-734-0872)
17. This structure meets the definition of a threshold building per
F.S. 553.71(7) and shall comply with the requirements of F.S.
553.79 and the CBBA to the 2010 FBC, Sections 110.3.7.1
through 110.3.7.6. The following information must be
submitted at the time of permit application:
a. The structural inspection plan must be submitted to the
enforcing agency prior to the issuance of a building permit
for the construction of a threshold building.
b. All shoring and re-shoring procedures, plans and details
√
shall be submitted.
c. All plans for the building that are required to be signed and
sealed by the architect or engineers of record shall contain a
statement that, to the best of the architect’s or engineer’s
knowledge, the plans and specifications comply with the
applicable fire safety standards as determined by the local
authority in accordance with this section and F.S. Section
633.
18. A manual fire alarm system is required in the building per the
2010 Florida Building Code Section 907.2.8.1. The alarm
system shall comply with Section 215.4 and Section 702 of the
Florida Accessibility Code. Also, refer to Section 806.3.1 of the
√
Florida Accessibility Code.
19. An automatic smoke detection system is required in the
building per the 2010 FBC Section 907.2.8.2.
√
20. Guest rooms required to provide mobility features complying
with Section 806.2 of the 2010 Florida Accessibility Code and
guest rooms required to provide communication features
√
complying with Section 806.3 of the Accessibility code shall be
dispersed per Section 224.5 of the Florida Accessibility Code.
21. Accessible rooms shall comply with the 2010 Florida
Accessibility Code Section 806.4 for providing special
√
accessibility features.
22. Sleeping areas in the accessible rooms shall comply with the
Florida Accessibility Code Section 806.2.3.
√
943 of 1102
DEPARTMENTS
INCLUDE REJECT
PARKS AND RECREATION
Comments: None
PLANNING AND ZONING
Comments:
23. At time of permitting, revise building elevations to propose dark
window tinting on all windows to ensure privacy for guests and √
adjacent residential, and to increase energy efficiency.
24. At time of permitting, revise building elevations to indicate locations
of all decorative lighting (no color lighting allowed). √
25. At time of permitting, revise photometrics plan to include spot
readings for all exterior areas on site (from building to all property √
lines) and ensure that no spot reading exceeds 5.9 footcandles.
26. At time of permitting, revise photometrics plan to label lighting
fixtures in the ceiling of the porte cochere as recessed. Reduce √
lighting for this location to a maximum of 10.0 footcandles.
27. At time of permitting, revise landscape strip along south property
line berm to stagger plant material and plant in clusters for a more √
natural, rather than formal look.
28. At time of permitting, revise landscape plan to delete use of sod in
small areas and replace with Waterwise approved groundcover or √
shrubs as required by the landscape code.
29. At time of permitting, submit an irrigation plan that follows the
Florida Friendly - Waterwise principles. √
30. At time of permitting, revise site plan and landscape plan to depict
location of required public art (west wall mural) and label as such on √
plans.
31. At time of permitting, submit an updated traffic concurrency approval
from Palm Beach County Traffic Engineering for the reduction (102 √
to 93) in proposed hotel guest rooms.
32. No wall signage or decorative lighting shall be permitted on the east
building elevation adjacent to residential uses. √
944 of 1102
DEPARTMENTS
INCLUDE REJECT
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments: None.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments: To be determined.
S:\Planning\SHARED\WP\PROJECTS\Holiday Inn & Suites\NWSP 13-003\Conditions of Approval.doc
945 of 1102
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Holiday Inn & Suites (NWSP 13-003)
APPLICANT/AGENT: Hardial Sibia of Boynton Holdings, LLC / Fred Griffin of Fred
Griffin Builder, LLC
AGENT’S ADDRESS: 3700 Max Place 206, Boynton Beach, FL 33436
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 15, 2013
APPROVAL SOUGHT: New Site Plan to allow construction of a 4-story hotel with 93 guest
rooms (57,685 square feet) on 2.73 acres in a C-3 zoning district.
.
LOCATION OF PROPERTY: 2001 West Ocean Drive
DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO.
________ THIS MATTER was presented to the City Commission of the City of Boynton Beach,
Florida on the date of hearing stated above. The City Commission having considered the approval sought
by the applicant and heard testimony from the applicant, members of city administrative staff and the
public finds as follows:
1. Application for the approval sought was made by the Applicant in a manner
consistent with the requirements of the City’s Land Development Regulations.
2. The Applicant
___ HAS
___ HAS NOT
established by substantial competent evidence a basis for the approval requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set forth
on Exhibit “C” with notation “Included.”
4. The Applicant’s request is hereby
___ GRANTED subject to the conditions referenced in paragraph 3 above.
___ DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms and
conditions of this order.
7. Other: _______________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
DATED:__________________________ _____________________________________________
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Holiday Inn & Suites\NWSP 13-003\Development Order.doc
946 of 1102
9. D
PUBLIC HEARING
October 15, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 15, 2013
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve the request for an 18-month extension of
EQUESTED CTION BY ITY OMMISSION
the approved site plan (NWSP 06-002) for the Tuscan Villas project located on the east side of
South Federal Highway, approximately 1,100 feet north of Gulfstream Boulevard. Applicant:
Brian Cheguis of Cotleur & Hearing.
.
ER:
Tuscan Villas is a redevelopment project approved for 22
XPLANATION OF EQUEST
townhouse-style condominium units, recreational amenities, and related site
improvements. The project has been approved for an annexation, a land use
amendment and corresponding rezoning, a new site plan, and a series of site plan
extensions.
The applicant provided a justification statement outlining the reasons for the delay in
construction, specifically, “The downturn of the housing market affected the applicant’s
ability to receive financing for this project before the end of the initial time extension
request”. The applicant indicates that he did however continue to work towards
resolution of staff comments on utility and plat submittals, work to finalize construction
documents, and continued to pursue the necessary construction loan to build the project
during a period when financial lending institutions were slow to approve loans.
In support of this request for a time extension, the applicant indicates he has
successfully refinanced the project loan and has provided a Task Timeline outlining the
steps to be taken to acquire the necessary building permits and time needed to
accomplish that goal. Staff believes the justification submitted, along with the evidence
of funding and a timeline to acquire the necessary permits to build the project warrants
approval of the extension request.
947 of 1102
th
The Planning & Development Board reviewed this request at their September 24
meeting and recommended approval.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
Construction of the project will add to the City’s tax base while
ISCAL MPACT
eliminating a vacant property along the Federal Highway corridor.
A:
Approve the request, approve with conditions, or deny the request.
LTERNATIVES
948 of 1102
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 13-031
TO: Chair and Members
Planning & Development Board
THRU: Michael Rumpf
Director of Planning and Zoning
FROM: Ed Breese
Principal Planner
DATE: September 17, 2013
PROJECT: Tuscan Villas / SPTE 13-003
REQUEST: Site Plan Time Extension
PROJECT DESCRIPTION
Property Owner: James Paisley, Tuscan Villas at Boynton Beach, LLC
Applicant / Agent: Brian Cheguis, Cotleur & Hearing
Location: East side of Federal Highway, approximately 1,100
feet north of Gulfstream Boulevard (see Location Map – Exhibit
“A”)
Existing Land Use/ Zoning: Special High Density Residential (SHDR – maximum 20 du/ac)/
Infill Planned Unit Development (IPUD)
Proposed Land Use/Zoning: No change proposed
Proposed Uses: 22 townhouse-style condominium units (16.4 dwelling
units/acre)
Acreage: 1.341 acres (58,414 square feet)
Adjacent Uses:
North: Existing commercial business (Ticket Clinic)
designated Local Retail Commercial (LRC) land use and zoned C
-3 (Community Commercial);
South: Developed multi-family residential designated with
Palm Beach County Commercial High, with an underlying Medium
949 of 1102
Residential 5 units per acre (CH/5) land use and zoned Palm
Beach County Commercial General (CG);
East: Developed single-family residential subdivision
(Tradewinds Estates) classified in Palm Beach County as Medium
Density Residential (MR-5), and zoned Single-Family Residential
(RS) in Palm Beach County; and,
West: Right-of-way for Federal Highway, then farther west
is a rental apartment project (Phase II of Seabourn Cove)
classified as Special High Density Residential (SHDR) and zoned
Planned Unit Development (PUD).
BACKGROUND
The subject property consists of 1.34 acres zoned Infill Planned Unit
Development (IPUD), located on the east side of Federal Highway approximately
1,100 feet north of Gulfstream Boulevard, within Planning Area V of the Federal
Highway Corridor Community Redevelopment Plan. According to the staff report
for the approved site plan (NWSP 06-002), the proposed Tuscan Villas is a
redevelopment project approved for 22
townhouse-style condominium units, recreational
.
amenities, and related site improvements
The project has been approved for the following: an annexation (ANEX 06-002); a land use
amendment (LUAR 06-002) from Palm Beach County Commercial High, with an underlying
Medium Residential, five (5) units per acre (CH/5) to Special High Density Residential (SHDR –
20 du/ac) classification; a corresponding rezoning (LUAR 06-002) from Palm Beach County
Commercial General (CG) to Infill Planned Unit Development (IPUD) zoning district; a new site
plan (NWSP 06-002), and a series of site plan extensions (SPTE 07-011), (SPTE 08-011),
(SPTE SB 360) and (SPTE HB 7207). The last two (2) time extensions were in accordance with
state legislation automatically granted to projects during the downturn in the economy in an
effort to keep viable projects valid until such time as the market regained momentum and the
projects could be built.
he 22 units are proposed in one (1) phase on the 1.34-acre site (see Exhibit “B”),
T
designed within
five (5) separate buildings with three (3) units to six (6) units per
building. The project proposes four (4) model types, ranging from 1,947 square feet to
2,513 square feet of air-conditioned space. The proposed dwellings are two (2) and three
he easternmost portion of each townhouse building (adjacent to the
(3) stories. T
single-family homes) are proposed at two (2)-stories rather than three (3)-stories.
A buffer wall is proposed along the east property line in conjunction with a multitude of
trees and shrubs that would provide the necessary buffering between the townhouses and
the adjacent single-family neighborhood. The recreation area would be located at the
center of the site, centrally located to all residents and include a swimming pool, cabana
building, and decorative fountain.
The proposed buildings and clubhouse resemble a modern Spanish-Mediterranean design with
textured stucco finish, tile inserts, simulated stone band and sills, cast stone baluster and
panels, rounded-windows, wood-panel front doors, clear glass with bronze finish aluminum
950 of 1102
frames, and S-tile roof. The exterior walls of the buildings would consist of the following
neutral colors: peach, cream, and yellow with white trim.
ANALYSIS
The site plan approval is valid for 18 months, in which time the developer is required to secure a
building permit for the project. According to Chapter 2, Article II, Section 2.F.6 of the Land
Development Regulations (LDR), an applicant may request to extend the approval of a site plan
for an additional time period, not to exceed 18 months, provided that such request for extension
is filed prior to the date of the expiration. In this case, the applicant has met that requirement.
The Planning & Zoning Division received the extension request on August 8, 2013, more than
two (2) months prior to the expiration of the site plan. Per Chapter 2, Article II, Section 2.F.6.a
of the LDR, there is no limit to the number of extensions that may be requested.
According to the justification submitted for the requested time extension, since receiving City
approval the applicant has secured the necessary drainage permit from the Florida Department
of Transportation for the connection to Federal Highway, worked with the City Utilities and
Engineering Departments on utility plan and plat submittals and responded to plan review
comments received from the City (see Exhibit “C” – Applicant’s Justification Statement).
The applicant further provides justifications for the delays in construction. According to the
Justification Statement, “The downturn of the housing market affected the applicant’s ability to
receive financing for this project before the end of the initial time extension request”. The
applicant indicates that he did however continue to work towards resolution of staff comments
on utility and plat submittals and continued to finalize construction documents. Additionally, the
applicant installed Royal Palm trees along the Federal Highway frontage of the property and
installed a water meter to irrigate the trees as a condition of approval of the time extension. For
the next couple of years, the applicant continued to pursue the necessary construction loan to
build the project, during a period when financial lending institutions were slow to approve loans.
In support of this most recent request for a time extension, the applicant indicates he has
successfully refinanced the project loan and has provided a Task Timeline outlining the steps to
be taken to acquire the necessary building permits and time needed to accomplish that goal
(see Exhibit “D” – Applicant’s Task Timeline).
In addition to accomplishments to date, time extension reviews also consider compliance with
concurrency requirements. The Palm Beach County Traffic Division approved the original traffic
study for the project with the requirement that no permits be issued after the build-out date of
2010. As such, an updated traffic concurrency approval letter from Palm Beach County will be
required, which should not be an issue, as the site is located within the Coastal Residential
Exception Area of Palm Beach County. As for utilities, records indicate the utility reservation fee
is due. Without payment of the reservation fee, the Utilities Department cannot guarantee
capacity will be available when the developer is ready to move forward. Based upon the
applicant’s Task Timeline, the necessary reservation fee would be paid within 30 days of
approval of the extension.
The site plan time extension is still subject to the conditions of all previous approvals. Lastly, no
new land development regulations are now in place against which the project should be
reviewed and modified. As for application of the Art in Public Places ordinance (05-060), this
project is not exempt, as the site plan request was filed after adoption of Ordinance 05-060 on
951 of 1102
October 5, 2005. Therefore, the project must still comply with Ordinance 05-060 as stated in
the original conditions of site plan approval.
Lastly, the applicant has remained in contact with City staff during these extension periods and
prior to submittal of this request, he met with CRA staff to see if they would recommend another
use for the site based upon any trends they recognize in the marketplace, as well as the CRA’s
own plans for the Federal Highway corridor. Additionally, he also met with City Planning staff to
discuss other potential options. The final consensus was that the office market was not yet
strong enough and that the site likely could not sustain a national retail operator, which would
make the financial feasibility of a continuous rent revenue stream unlikely. All parties agreed the
best use of the site, as well as the most compatible with surrounding properties, was the
residential project already approved for the property, and that the applicant should secure his
funding and apply for a time extension, provide the necessary justifications and a timeline for
constructing the project.
RECOMMENDATION
APPROVAL
Based upon the applicant’s good faith efforts, staff recommends of the request for
an 18-month extension of the approved site plan (NWSP 06-002) for the Tuscan Villas project,
subject to the conditions contained in Exhibit “E” – Conditions of Approval. If the request for an
extension is approved, the expiration date would be extended to April 18, 2015, and all conditions
from the original approval must still be satisfactorily addressed during the building permit process.
S:\Planning\SHARED\WP\PROJECTS\Tuscan Villas\SPTE 13-003\Staff Report.doc
952 of 1102
953 of 1102
954 of 1102
955 of 1102
956 of 1102
957 of 1102
958 of 1102
959 of 1102
960 of 1102
961 of 1102
962 of 1102
963 of 1102
964 of 1102
EXHIBIT "E"
Conditions of Approval
Project name: Tuscan Villas
File number: SPTE 13-003
Reference:
DEPARTMENTS
INCLUDE REJECT
ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
PLANNING AND ZONING
Comments:
1. Approval is subject to all previous conditions of approval. X
COMMUNITY REDEVELOPMENT AGENCY
Comments: None
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments: None
ADDITIONAL CITY COMMISSION CONDITIONS
965 of 1102
DEPARTMENTS
INCLUDE REJECT
Comments: To be determined.
S:\Planning\SHARED\WP\PROJECTS\Tuscan Villas\SPTE 13-003\COA.doc
966 of 1102
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Tuscan Villas (SPTE 13-003)
APPLICANT: Brian Cheguis, Cotleur & Hearing
APPLICANT’S ADDRESS: 1934 Commerce Suite 1, Jupiter, FL 33458
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 15, 2013
APPROVAL SOUGHT: Site Plan Time Extension approval for 22 townhouse-style
condominium units, recreational amenities, and related
site improvements, on a 1.34-acre parcel.
East side of Federal Highway approximately 1,100 feet
LOCATION OF PROPERTY:
north of Gulfstream Boulevard.
DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO.
________ THIS MATTER was presented to the City Commission of the City of Boynton Beach,
Florida on the date of hearing stated above. The City Commission having considered the approval sought
by the applicant and heard testimony from the applicant, members of city administrative staff and the
public finds as follows:
1. Application for the approval sought was made by the Applicant in a manner
consistent with the requirements of the City’s Land Development Regulations.
2. The Applicant
_X_ HAS
___ HAS NOT
established by substantial competent evidence a basis for the approval requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set forth
on Exhibit “E” with notation “Included.”
4. The Applicant’s request is hereby
___ GRANTED subject to the conditions referenced in paragraph 3 above.
___ DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms and
conditions of this order.
7. Other: _______________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
DATED:__________________________ _____________________________________________
City Clerk
967 of 1102
S:\Planning\SHARED\WP\PROJECTS\Tuscan Villas\SPTE 13-003\DO (SPTE 13-003).doc
968 of 1102
9. E
PUBLIC HEARING
October 15, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 15, 2013
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO. 13-029 - FIRST
EQUESTED CTION BY ITY OMMISSION
READING - Amending the Land Development Regulations updating the Zoning Use Matrix to
include Showroom/Warehouses as a new principal use and provide definition and regulations.
Applicant: City-initiated - Request to Table to November 5, 2013
ER:
Currently, the Land Development Regulations do not
XPLANATION OF EQUEST
recognize Showroom/Warehouse as a use within the Zoning Use Matrix, and such
businesses are either treated as a retail business or a warehouse operation, depending
upon the business characteristics. As a result, this type of business is often categorized
with uses which are more intensive with respect to parking demand and traffic
characteristics. Business attraction and retention are important to the health of the City;
therefore, staff is proposing to create this new principal use to address market trends
and more accurately classify and regulate it.
Understanding that Showroom-type establishments have different operational
characteristics than department stores and home improvement big box stores relative to
the number of customers on the premises at any given point in time and thus the
amount of parking required, the proposed amendment recommends the creation of a
new principal use in the Use Matrix to recognize and regulate the use differently.
Warehouse, Showroom (limited product line) would be defined as a showroom-type
establishment in which the principal use consists of a showroom for large, space
intensive items such as furniture, major appliances, flooring, mattresses, recreational
vehicles or the like. These establishments generally have a single product line, which
differentiates them from department stores, electronics stores, home improvement
969 of 1102
stores and warehouse clubs in that they do not sell a wide range and mix of
merchandise.
Overall, staff believes this amendment would encourage and promote business and
economic development, thereby furthering the City’s Economic Development initiatives.
The Planning & Development Board reviewed this item at their September 24, 2013
meeting and recommended approval of the amendment.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
Increases business opportunities within the City.
ISCAL MPACT
A:
Approve, approve with modifications, or deny proposed LDR
LTERNATIVES
amendments
970 of 1102
ORDINANCE 13-____
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA AMENDING PART III, LAND
DEVELOPMENT REGULATIONS WITH AMENDMENTS TO CHAPTER
1, “GENERAL ADMINISTRATION”, ARTICLE II, “DEFINITIONS”,
CHAPTER 3, “ZONING”, ARTICLE IV, “USE REGULATIONS”,
CHAPTER 4, “SITE DEVELOPMENT STANDARDS”, ARTICLE V,
“MINIMUM OFF-STREET PARKING REQUIREMENTS” UPDATING
THE ZONING USE MATRIX TO INCLUDE SHOWROOM/WAREHOUSES
AS A NEW PRINCIPAL USE INCLUDING DEFINITION AND
REGULATIONS; PROVIDING FOR CONFLICT, SEVERABILITY,
INCLUSION; AND EFFECTIVE DATE.
WHEREAS,
the City’s current Land Development Regulations does not recognize
Showroom/Warehouse as a use within the Zoning Use Matrix and such businesses are either
treated as a retail business or a warehouse operation, depending on the business characteristics;
and
WHEREAS,
as part of the process in reviewing the Land Development Regulations staff
is proposing to create this new principal use to address market trends and more accurately
classify and regulate it; and
WHEREAS,
staff recommends the adoption of the attached amendments to the Land
Development Regulations updating the Zoning Use Matrix to include Showroom/Warehouses as
a new principal use and provide definition and 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
ratified and confirmed by the City Commission.
Section 2. That Part III, "Land Development Regulations", of the City of Boynton
Beach is hereby amended as follows:
See attached Exhibit “A”
971 of 1102
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.
972 of 1102
FIRST READING this ___ day of __________, 2013.
SECOND AND FINAL READING ADOPTED this ___ day of ________, 2013.
CITY OF BOYNTON BEACH, FLORIDA
_________________________________
Mayor – Jerry Taylor
_________________________________
Vice Mayor – Woodrow L. Hay
_________________________________
Commissioner – David T. Merker
_________________________________
Commissioner – Michael M. Fitzpatrick
_________________________________
Commissioner – Joe Casello
ATTEST:
______________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
973 of 1102
974 of 1102
975 of 1102
976 of 1102
977 of 1102
978 of 1102
DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING
Memorandum PZ 13-034
TO: Chair and Members
Planning & Development Board
FROM: Michael Rumpf
Planning and Zoning Director
DATE: September 17, 2013
RE: Economic Development and Interim LDR Amendments Part IV
(CDRV 13-006) – Approve amendments to the LDR to update the
Zoning Use Matrix to include Showroom/Warehouses as a new
principal use and provide definition and regulations.
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 amendment would further items #1 business and economic development initiatives
and #5 by adjusting existing regulations to achieve original or current objectives.
ANALYSIS
This proposed amendment was part of a previous round of Economic Development and Interim
LDR Amendments (Part II), but were removed by staff prior to the Planning & Development
Board hearing on May 28, 2013, in order to provide the newly-hired Economic Development
Manager the time necessary to review all aspects of the proposed amendment and potentially
979 of 1102
suggest changes. This review has been conducted and is forwarded in final format for review and
approval.
As noted in the previous staff report, the current code does not appropriately define this unique
business, and staff’s interpretation of the proposed business activities/operations inaccurately
categorizes this type of business with uses which are more intensive with respect to parking
demand and traffic characteristics. Business attraction and retention are important to the health
of the City; therefore, staff is proposing to create this new principal use to address market trends
and more accurately classify and regulate it.
Showroom/Warehouses
Staff, in an effort to increase business opportunities for larger scale retailers and assist in
facilitating the leasing of some of the vacant commercial and industrial spaces within the City, is
suggesting amendments to the Land Development Regulations (LDR) involving new definitions
that separates uses that were formerly grouped under major headings such as Merchandise, New
and Warehousing. Understanding that Showroom-type establishments have different operational
characteristics than department stores and home improvement big box stores relative to the
number of customers on the premises at any given point in time and thus the amount of parking
required, the proposed amendment recommends the creation of a new principal use in the Use
Matrix to recognize and regulate the use differently. Warehouse, Showroom (limited product
line) would be defined as a showroom-type establishment in which the principal use consists of a
showroom for large, space intensive items such as furniture, major appliances, flooring,
mattresses, recreational vehicles or the like. These establishments generally have a single
product line, which differentiates them from department stores, electronics stores, home
improvement stores and warehouse clubs in that they do not sell a wide range and mix of
merchandise. Parking for this particular use would be one (1) parking space per each 500 square
feet of gross floor area for the first 10,000 square feet and one (1) parking space for each 1,000
square feet thereafter, rather than being grouped in with typical retail uses at one (1) parking
space for each 200 square feet, again based upon the lower volume of customer traffic associated
with the limited product line.
CONCLUSION / RECOMENDATION
Staff is recommending approval of the proposed code amendment. Overall, this amendment
encourages and promotes business/economic development, thereby furthering the City’s
Economic Development initiatives.
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 13-006 Interim Amendments IV\CDRV 13-006 Staff Report.doc
980 of 1102
981 of 1102
982 of 1102
983 of 1102
984 of 1102
985 of 1102
10. A
CITY MANAGER’S REPORT
October 15, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 15, 2013
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve an increase in estimated fees for Phase 2
EQUESTED CTION BY ITY OMMISSION
of the agreement with DavenportLawrence for Project Management Services for Utility Water
Meter Technology Migration for (a) Transitional Project Management Services, (b) AMI Meter
Infrastructure Project Management and (c) Process and People Design Change Aligned with
Customer Information Systems in the amount of $130,000 revising the estimated fees from
$212,500 to $342,500.
ER:
On April 17, 2012, the City Commission approved an
XPLANATION OF EQUEST
Agreement with DavenportLawrence for Phase 1 and Phase 2 for Project Management
Services for Utility Water Meter Technology Migration in order to assist and to advise
the City with Predeployment Project Management Services. (A copy of the signed
Agreement is attached.) At that time, it was agreed that DavenportLawrence would
provide ongoing support in Phase 2 at consistent hourly rates that were proposed and
approved for Phase 1. However, the Project Management Services for Phase 2 would
continue at the conclusion of Phase 1 on September 30, 2012 consistent with the
previously authorized services as now detailed herein.
On December 4, 2012, the City Commission approved estimated fees for Phase 2 in the
amount of $212,500. Phase 2 had an initial time period of October 1, 2012 through
September 30, 2015 (the projected time schedule for technology migration) with the
option to renew at the same terms, conditions and prices for one (1) year periods
subject to consultant acceptance, satisfactory performance and determination that
renewal will be in the best interest of the City. The Agreement will automatically renew
for each period unless cancelled by either party in accordance with the Termination
clause of the Agreement.
986 of 1102
Based on the progress of Phase 2 and results of the initial review and data collection
there was a need to increase hours spent in some areas and additional areas that must
be addressed have come to light.
DavenportLawrence and City staff recognizes the components of the project
management scope as initially outlined in the December 4, 2012 agenda item have
necessitated the need to make modification to the overall Phase 2 strategy and that
additional expenses will need to be incurred for the remainder of this Phase until it
estimated completion of September 1, 2014.
1. Project Management Services (thru September 1, 2014)
Project Management Services for Phase 2 – Management during migration included the
following components:
1. Performance Measurement (Weekly Project Calls, Status Reports, Monthly On-site)
2. Vendor Coordination (Collaboration with Sensus, Line-Tec, and SL-Serco)
3. Schedule Adherence (Project Planning and Milestones)
4. System Acceptance / Warranty Management (Equipment Performance and Corrective Measures)
5. North Tower Site Selection and Authorization
6. Field Work Order Management Process Design and Management
7. Technical Support- Field Work Order Tool
8. RMA Processing
9. Field Issues
10. Quality Control Issues
11. Inventory Management
12. Production Schedules and Management
2. Process and People Design Change Aligned with Customer Information Systems
(CIS/SunGard)
a. Human Capital Resource Management
1. Resource Allocation
2. Technology and Training for Efficiency
3. Functional Integration and Staffing
b. Customer Relations and Customer Service Process Support
1. Customer Pay Options
2. Accuracy and Function in Account Management
3. Communication Tools and Effectiveness in Service
4. Counter Support and Customer Relations Best Practices
c. Back Office Efficiency and Systems Design
1. SunGard CIS Evaluation and Business Process Alignment
2. Data Integrity Solutions
3. Transactional Processes and SOPs
4. Work Order Management Integration and Performance (Field to Finance)
d. Revenue Collection Procedures
1. Effective Internal and External Collections Processes
2. Reversing Trends in Aged Delinquencies
3. Revenue Policies Aligned with Execution and Benchmarks
4. Utility Revenue Leakage Assessment and Resolution
e. Initiatives as described in attached Phase 2 outline
H?
As the foregoing areas contribute
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
substantially to the overall success of the AMI, the City will be able to more effectively
987 of 1102
leverage the investment and the strength of the technology throughout the utility
customer account “system”. The importance of managing the AMI capital project as a
system cannot be overstated given the negative influences to the strength of the meter
reading technology if other components of the system are not properly designed,
aligned, and applied. Through functional and process improvements to the Customer
Information System and Customer Relations operations, the City will improve customer
service, lower operational costs, and improve collection of utility revenues (increase
customer collections, reduce account delinquencies).
FI:
Fees for this project are paid from the Utility Capital Improvement Fund
ISCAL MPACT
403-5000-533-65.02, Project WTR 138. Budget in the amount of $3,194,634 for
equipment and services was previously adopted in the FY 2012-2013 Capital
Improvement Plan budget. The fees for (a) Project Management Services, (b) Customer
Information System Enhancements and Out of Pocket Expenses are fully funded.
Phase 2 fees were determined based upon the agreed and approved scope of services.
In addition, Phase 2 required substantial on-site analysis and initiative
implementation contained within the Scope of Services by the Project Team. Out-
of-pocket expenses for travel reimbursable in compliance with City of Boynton
Beach travel reimbursement rates based on per diem allocations. As a result of
the on-site analysis and implementation process to date it is necessary to request
an increase in the fees for Phase 2.
Project Management Services thru 9/1/14 $ 67,158
Customer Information System Enhancements $ 48,442
Out-of-Pocket Expenses $ 14,400
Increase in Total Fees & Expenses Based on
Current Project Status and Scope of Work $130,000
The fee allocations are based on consistent hourly fee allocations (as represented in the
original Response to the RFP and the previously signed Agreement) and time estimates
for each of the major categories of the change management process with the inclusion
of a functional consultant for SunGard and Customer Service Subject Matter Expert
(SME) as follows:
$145 – Project Manager
$145 – Project IT Lead
$135 – SunGard Functional Consultant (Added for Phase 2)
$135 – Customer Service SME (Added for Phase 2)
$ 95 – Project Field Inspector
$ 65 – Project Administration
A:
Do not continue engaging an external Project Manager. However, due
LTERNATIVES
to the complexity and unavailable internal staff time and skills necessary to support this
engagement, staff highly recommends engaging an external Project Manager to
manage this multi-million dollar transition project for the City of Boynton Beach Utility to
help mitigate risks and reduce overall cost.
988 of 1102
989 of 1102
990 of 1102
991 of 1102
992 of 1102
993 of 1102
994 of 1102
995 of 1102
996 of 1102
997 of 1102
998 of 1102
999 of 1102
1000 of 1102
1001 of 1102
1002 of 1102
1003 of 1102
1004 of 1102
1005 of 1102
12. A
NEW BUSINESS
October 15, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 15, 2013
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Discussion regarding term limits for City of Boynton
EQUESTED CTION BY ITY OMMISSION
Beach elected officials.
ER:
Commissioner Merker requested at the October 1, 2013 City
XPLANATION OF EQUEST
Commission meeting that discussion regarding term limits be placed on the October 15,
2013 City Commission agenda for consideration for the November 2014 election ballot.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
Not to allow discussion
LTERNATIVES
1006 of 1102
12. B
NEW BUSINESS
October 15, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 15, 2013
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Consideration of renaming of Oceanfront Park
EQUESTED CTION BY ITY OMMISSION
ER:
At the September 3, 2013 meeting, Commissioner Merker
XPLANATION OF EQUEST
requested that the renaming of Oceanfront Park be considered. Since the Park is
located within the town of Ocean Ridge, it is possible that it may not be recognized as a
City of Boynton Beach facility despite its popularity. After contemplating some potential
renaming options, the Commission requested to get some feedback from the
Recreation & Parks Advisory Board. The Advisory Board discussed this item at their
meeting on September 23, and is recommending the Park be renamed “Boynton
Oceanfront Park”. A copy of the Board’s Agenda and the excerpt from the meeting
minutes during which item was discussed are provided for reference.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
If the name is changed, a new sign will cost approximately $6,000 -
ISCAL MPACT
$8,000.
A:
Do not consider renaming Oceanfront Park.
LTERNATIVES
1007 of 1102
1008 of 1102
1009 of 1102
C ITY OF B OYNTON B EACH
C ITY OF B OYNTON B EACH
R ECREATION & P ARKS B OARD M EETING
R ECREATION & P ARKS B OARD M EETING
September 23, 2013
6:30P..
M
C
OMMISSION CHAMBERS
AGENDA
AGENDA
CALL TO ORDER
ATTENDANCE
APPROVAL OF MINUTES
UNFINISHED BUSINESS
A.Food Trucks @ Parks
B.Barrier Free 5k Run - Saturday, February 8, starting at 7:30am.
NEW BUSINESS
A.Oceanfront Park Name Recommendations
B.Forest Hills Park Improvements
C.Holiday Parade Grand Marshal selection
VI. Items for the City Manager’s Attention
VII. NEXT MEETING: October 28, 2013
VII.ADJOURNMENT
THEBOARD(COMMITTEE)MAYONLYCONDUCTPUBLICBUSINESSAFTERAQUORUMHASBEEN
ESTABLISHED.IFNOQUORUMISESTABLISHEDWITHINTWENTYMINUTESOFTHENOTICEDSTARTTIMEOF
THEMEETINGTHECITYCLERKORDESIGNEEWILLSONOTETHEFAILURETOESTABLISHAQUORUMAND
THEMEETINGSHALLBECONCULDED. BOARDMEMBERSMAYNOTPARTICIPATEFURTHEREVENWHEN
PURPORTEDLYACTINGINANINFORMALCAPACITY.
F 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)
1010 of 1102
ACHIEVEMENTCOMMUNITYCONSERVATION
… A sense of … of our natural treasures…
ECONOMIC DEVELOPMENTFUTURE HEALTH
… Florida’s … Good…
HERITAGENATUREIT STARTS IN PARKS!
Ties to our … Respect for …
1011 of 1102
1012 of 1102
13. A
LEGAL
October 15, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 15, 2013
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO. 13-030 - FIRST
EQUESTED CTION BY ITY OMMISSION
READING - Approve Ordinance providing for use of Special Magistrate for Code
Enforcement/Lien Reduction Matters
ER:
XPLANATION OF EQUEST
In order to sustain and promote the quality of life through the Code enforcement
process, staff recommends that a Special Magistrate program be implemented as a
supplemental enforcement method to the Code Enforcement Board. As provided by
Florida Statutes Section 162.03 and Part II, Article V, Section 2-82 of the City’s Code of
Ordinances, Special Magistrates designated by the Commission have the authority to
hold hearings and assess fines against violators of the City’s Code.
Since Special Magistrates are already authorized by the City’s Code, the Commission
must designate specific Magistrates to preside over Code Enforcement matters. The
use of a Special Magistrate could supplement the City’s existing Code Enforcement
Board process. It will enhance the City’s ability to promote, protect and improve the
health, safety and welfare of the citizens through the Code enforcement process.
Currently, the Code Enforcement Board members are residents of the City of Boynton
Beach. The Board members have a familiarity with the City and a historical knowledge
of Code violations. This knowledge allows the Board to act in the capacity of a "jury of
peers" for alleged Code violators. This approach is effective for neighborhood nuisances
and community-related Code violations such as animals running at large and lot
clearings.
1013 of 1102
The qualifications for a Special Magistrate as outlined in the proposed ordinance require
the individual to be a member in good standing with the Florida Bar who has a minimum
of five (5) years’ experience. As a legal professional, the Special Magistrate could
provide consistent rulings for violations of a technical or legal matter. Hearings before
the Special Magistrate will be scheduled at least once a month, with additional hearings
whenever necessary. Since a quorum is not necessary, hearings before the Special
Magistrate would be easier to schedule. A higher volume of cases could also be
handled in a shorter timeframe. In addition, the use of a Special Magistrate may reduce
City staff preparation time for the hearings.
The Special Magistrate will also help to facilitate the City’s initiatives to revitalize the
Heart of Boynton areas. For example, the City is currently examining Use and
Occupancy permits for commercial and rental property as an additional tool to assure
that property maintenance meets City standards. Where such standards are not met,
the cases will be brought before the Special Magistrate for expedient processing. This
process will allow the City to verify that life/safety issues, along with general property
aesthetics, are checked on an annual basis, which provides the community a consistent
quality of life expectation in all neighborhoods. A Special Magistrate will assist the City
in streamlining and expediting its goals to revitalize and develop the Heart of Boynton
areas and the City as a whole.
HC?
The use of a Special Magistrate
OW WILL THIS AFFECT ITY PROGRAMS OR SERVICES
will result in an overall improvement in the efficiency of the City’s Code Compliance
program. Since the Special Magistrate will allow the City to handle more cases in a
shorter period of time, compliance might also be achieved in a shorter period of time.
This would be particularly beneficial with cases in problem areas in the City. Because
the hearings would be streamlined, it could be possible to have 2 hearings per month,
which would enable the Code Compliance Department to process more cases a month.
Thus, there will be an overall improvement in the City’s appearance, which is a benefit
to both citizens and visitors.
FI:
There will be a fiscal impact when we enter into the Special Magistrate
ISCAL MPACT
agreements. Staff will follow up with the appropriate budget amendment and estimated
There is no specific fiscal impact in adopting this ordinance.
costs at that time.
A:
Do not consider use of Special Magistrate for Code Compliance.
LTERNATIVES
1014 of 1102
ORDINANCE 13-_____
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, AMENDING PART II, CHAPTER 2,
ARTICLE V OF THE CODE OF ORDINANCES ENTITLED “CODE
COMPLIANCE BOARD” TO PROVIDE FOR THE USE OF SPECIAL
MAGISTRATES FOR CODE COMPLIANCE AND ENFORCEMENT
MATTERS; TO CHANGE REFERENCES TO “SPECIAL MASTER” TO
“SPECIAL MAGISTRATE” SUCH THAT THE CITY’S CODE IS
CONSISTENT WITH FLORIDA STATUTES; AND TO CLARIFY THE
AMOUNT OF TIME THE CITY COMMISSION HAS TO OBJECT TO
LIEN MODIFICATION ORDERS; PROVIDING FOR CODIFICATION;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS
, the City of Boynton Beach (“City”) has home rule authority pursuant to
Article VII, Section 2 of the Florida Constitution and Chapter 166, Florida Statutes, to provide
for enforcement of violations of the City’s Code of Ordinances and other violations of law
through the use of Special Magistrates; and,
WHEREAS
, Part II, Article V, Section 2-82 of the City’s Code of Ordinances permits
Special Magistrates, designated by the Commission, to hold hearings and assess fines against
violators of the City’s Code; and,
WHEREAS
, the City’s Code does not contain specifications for the retention of such
Special Magistrates; and,
WHEREAS
, an amendment to Chapter 162, Florida statutes changed the title “Special
Master” to “Special Magistrate”; and,
WHEREAS
, the City wishes to modify its Code to be consistent with the terminology
utilized within the Florida Statutes; and,
WHEREAS
, the City Commission of the City of Boynton Beach finds it is in the best
interest of the City to adopt an ordinance to establish the specifications for retention of Special
Magistrates and to modify the nomenclature in the City’s Code such that is consistent with
Florida law.
1015 of 1102
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA:
Section 1.
The foregoing "WHEREAS" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Ordinance upon adoption
hereof, as if fully set forth herein.
Section 2.
Part II, Chapter 2, Article V of the Code of Ordinances of the City of
Boynton Beach shall be amended as follows:
ARTICLE V. CODE COMPLIANCE BOARD; SPECIAL MAGISTRATE
Sec. 2-72. Intent.
Declaration of legislative intent. It is the intent of this article to promote, protect and
improve the health, safety and welfare of the citizens and residents of the City by
authorizing the creation and use of an administrative Board or Special Magistrate with
authority to impose penalties to provide an equitable, expeditious, effective and
inexpensive method of enforcing any Codes and ordinances in force in the City where a
pending or repeated violation continues to exist. Rules and regulations, consistent with
the provisions of Florida law, necessary to carry out the provisions of this Article may be
adopted by resolution of the City Commission.
Sec. 2-73. Definitions.
As used in this article:
. . .
Special Magistrate shall mean the City’s Special Magistrates appointed by the City
Commission to conduct hearings pursuant to Section 2-82 of this Article and Chapter
162, Florida Statutes. Except for Board voting requirements, any reference in the City’s
Code to “Code Enforcement Board” shall include Special Magistrate(s).
Sec. 2-74. Creation, appointment, organization of Board. Establishment of Magistrate.
. . .
The City Commission may appoint one (1) or more Special Magistrates with the
following conditions:
(e) The Special Magistrate shall be appointed by the City Commission and
shall serve with compensation as established by the City Commission by
resolution. A Special Magistrate shall not be a City employee.
(f) The Special Magistrate must be both an attorney and a member in good
standing with the Florida Bar for a minimum of five (5) years.
1016 of 1102
(g) The Special Magistrate shall have some experience in zoning and land use
law, building control, Code enforcement, and/or administrative law.
(h) The Special Magistrate will be bound by the Code of ethics of the Florida
Bar as currently proscribed or as amended from time to time.
(j) A Special Magistrate shall not be authorized to hire or use the services of
any person except those provided by the City to assist him or her in the
performance of his or her duties.
Sec. 2-75. Provisions wider Jurisdiction of Boards and Magistrates.
(a)The Code Enforcement Boards shall compliance enforce and have jurisdiction
of the following Codes:
Part II, Code of Ordinances fire Codes, Chapter 9, licenses, Chapter 13 as
well as Part III, Land Development Regulations planning and development
generally, Chapter 1.5; zoning Chapter 2; planned unit developments,
Chapter 2.5; community design plan, Chapter 9; building, housing and
construction, Chapter 20; signs, Chapter 21; parking lots, Chapter 23; and
related technical Codes in force in the City.
(b)The Special Magistrates shall enforce and have jurisdiction over any and all
Codes within the City’s Code of Ordinances, as provided by Florida law.
Sec. 2-76. Enforcement procedure.
(a) It shall be the duty of the Code inspector to initiate enforcement proceedings of the
various Codes; however, no member of the Board and no Magistrate shall have the power
to initiate enforcement proceedings.
(b) If a violation of the Codes is found, the Code inspector shall notify the violator,
unless subsection (c) of this section applies, and give said violator a reasonable time to
correct the violation. Should the violation continue beyond the time specified for
correction, the Code inspector shall notify an enforcement Board or Special Magistrate
and request a hearing. The Code compliance Board or Special Magistrate, through its
clerical staff, shall schedule a hearing, and written notice of such hearing shall be hand
delivered or mailed as provided in section 2-81 to the said violator. At the option of the
Code compliance Board or Special Magistrate, notice may additionally be served by
publication or posting as provided in section 2-81. If the violation is corrected and then
recurs or if the violation is not corrected by the time specified for correction by the Code
inspector, the case may be presented to the enforcement Board or Special Magistrate even
if the violation has been corrected prior to the Board hearing and the notice shall so state.
(c) If the Code inspector has reason to believe a violation or the condition causing the
violation presents a serious threat to the public health, safety and welfare, or if the
violation is irreparable or irreversible in nature, the Code inspector shall make a
reasonable effort to notify the violator and may immediately notify the enforcement
Board or Special Magistrate and request a hearing.
(d) If a repeat violation is found, the Code inspector shall notify the violator, but it is
not required that he give the violator a reasonable time to correct the violation. The Code
inspector, after notifying the violator of a repeat violation, shall notify the Code
Enforcement Board or Special Magistrate and request a hearing. The Code compliance
Board or Special Magistrate, through its clerical staff, shall schedule a hearing and shall
provide notice pursuant to section 2-81. The case may be presented to the Code
1017 of 1102
compliance Board or Special Magistrate even if the repeat violation has been corrected
prior to the Board hearing, and the notice shall so state.
(e) If the owner of property which is subject to an enforcement proceeding before an
enforcement Board, special master Magistrate, or court transfers ownership of such
property between the time and initial pleading was served and the time of the hearing,
such owner shall:
. . .
Sec. 2-77. Conduct of hearing.
(a)Upon the request of the Code inspector or other designated City employee, or at
such other times as may be necessary, a hearing may be convened by one of the
following methods:
a.The chairman of an enforcement Board may call a hearing of an
enforcement Board; a hearing may also be called by written notice signed by
at least three (3) members of an enforcement Board. Minutes shall be kept
of all hearings by each enforcement Board and all hearings shall be open to
the public. The City clerk shall provide clerical and administrative personnel
as may be reasonably required by each enforcement Board for the proper
performance of its duties.
b.The Special Magistrate(s) may call a hearing. Minutes shall be kept of all
hearings by each Magistrate and all hearings shall be open to the public. The
City clerk shall provide clerical and administrative personnel as may be
reasonably required by each Magistrate for the proper performance of the
Magistrate’s duties.
(b) Each case before an enforcement Board or Special Magistrate shall be presented
by a member of the building department or Code compliance administrative staff. If the
local governing body prevails in prosecuting a case before the enforcement Board or
Special Magistrate, it shall be entitled to recover all costs incurred prosecuting the case
before the Board or Special Magistrate.
(c) An enforcement Board or Special Magistrate shall proceed to hear the cases on the
agenda for that day. All testimony shall be under oath and shall be recorded. The
enforcement Board or Special Magistrate shall take testimony from the Code inspector
and alleged violator. Formal rules of evidence shall not apply; however, fundamental due
process shall be observed and govern said proceedings.
. . .
(e) At the conclusion of the hearing the enforcement Board or Special Magistrate shall
issue findings of fact, based on evidence of record, and conclusions of law and shall issue
an order affording the proper relief consistent with powers granted herein. If the matter is
heard by an enforcement Board, the findings shall be by motion approved by a majority
of those present and voting, except that at least four (4) members of the enforcement
Board must vote for the action to be official. For all hearings, the order may include a
notice that it must be complied with by a specific date, and that a fine may be imposed
and, under the conditions specified in section 2-79, the cost of repairs may be included
along with the fine, if the order is not complied with by said date; a certified copy of the
order may be recorded in the public records of the county and shall constitute notice to
any subsequent purchasers, successors in interest, or assigns if the violation concerns real
1018 of 1102
property, and the findings therein shall be binding upon the violator, if the violation
concerns real property, any subsequent purchasers, successors in interest or assigns. If an
order is recorded in the public records pursuant to this subsection and the order is
complied with by the date specified in the order, the enforcement Board or Special
Magistrate shall issue an order acknowledging compliance that shall be recorded in the
public records. A hearing is not required to issue such an order acknowledging
compliance.
Sec. 2-78. Powers of Boards and Special Magistrates.
Each enforcement Board or Special Magistrate shall have the power to:
. . .
Sec. 2-79. Administrative fine; liens.
(a) The enforcement Board or Special Magistrate, upon notification by the Code
inspector, that an order of the enforcement Board or Special Magistrate has not been
complied with by the said specified time, or, upon finding that a repeat violation has been
committed, may order the violator to pay a fine not to exceed one thousand dollars
($1000.00) per day for a first violation and not to exceed five thousand dollars ($5000.00)
per day for a repeat violation and up to fifteen thousand dollars ($15000) per violation if
the Code Enforcement Board finds the violation to be irreparable or irreversible in nature
for each day the violation continues past the date set by the enforcement Board or Special
Magistrate for compliance or, in the case of a repeat violation for each day the repeat
violation continues beginning with the date the repeat violation is found to have occurred
by the Code inspector. In addition, if the violation is a violation described in section 2-
76(c), the enforcement Board or Special Magistrate may render an order which includes
authority for the City to make all reasonable repairs which are required to bring the
property into compliance and charge the violator with the reasonable cost of the repairs
along with the fine imposed pursuant to this section. . . .
(b) In determining the amount of the fine, if any, the enforcement Board or Special
Magistrate shall consider the following factors:
(1) The gravity of the violation;
(2) Any actions taken by the violator to correct the violation; and
(3) Any previous violations committed by the violator.
(c) A certified copy of an order imposing a fine, or a fine plus repair costs, may be
recorded in the public records and thereafter shall constitute a lien against the land on
which the violation exists and upon any other real or personal property owned by the
violator. Upon petition to the circuit court, such order shall be enforceable in the same
manner as a court judgment by the sheriffs of this state, including execution and levy
against the personal property of the violator, but such order shall not be deemed to be a
court judgment except for enforcement purposes. A fine imposed pursuant to this part
shall continue to accrue until the violator comes into compliance or until judgment is
rendered in a suit to foreclose on a lien filed pursuant to this section, whichever occurs
first. After three (3) months from the filing of any such lien which remains unpaid, the
enforcement Board or Special Magistrate may authorize the City attorney to foreclose on
the lien. No lien created pursuant to the provisions of this part may be enforced on real
property which is a homestead under Section 4, Article X of the State Constitution.
. . .
1019 of 1102
Sec. 2-80. Appeal.
An aggrieved party, including the City Commission, may appeal a final administrative
order of an enforcement Board or Special Magistrate to the circuit court of Palm Beach
County. Such an appeal shall not be a hearing de novo, but shall be limited to appellate
review of the record created before the enforcement Board or Special Magistrate. An
appeal shall be filed within thirty (30) days of the execution of the order to be appealed.
Sec. 2-81. Service of notices.
. . .
(b) In addition to providing notice as set forth in subsection (a), at the option of the
Code compliance Board or Special Magistrate, notice may also be served by publication
or posting, as follows:
(1) a. Such notice shall be published once during each week for four (4)
consecutive weeks (four (4) publications being sufficient) in a newspaper of general
circulation in the county where the Code compliance Board or Special Magistrate is
located. The newspaper shall meet such requirements as are prescribed under Chapter 50,
Florida Statutes, for legal and official advertisements.
. . .
Sec. 2-82. Alternative Code enforcement system.
The City hereby adopts an alternative Code enforcement system which shall provide
the Code compliance Board or special masters Magistrates, hereinafter described and
designated by the City Commission, the authority to hold hearings and assess fines
against violators of the Codes and ordinances of the City.
. . .
Sec. 2-85. Criteria for lien reduction.
The following criteria must be complied with prior to a lien reduction hearing before
the Code Compliance Board or Special Magistrate:
. . .
Sec. 2-86. Application for lien reduction.
The Code Compliance Administrator or his designee shall provide the application for a
lien reduction hearing. The application will be included with the affidavit of compliance
issued by the Code Compliance Division. A complete application must accompany each
lien reduction request that is to be heard before the Board or Special Magistrate.
. . .
Sec. 2-88. Lien reduction procedure.
A party requesting a lien reduction must submit a complete lien reduction application to
the Code Compliance Division of the Police Department upon receiving verification that
all conditions are complied with as stated in section 2-85. The Code Compliance
Administrator or designee will process the application and determine that all required
criteria have been complied with under City ordinance, section 2-85. If the applicant does
not qualify for a hearing under section 2-85, the party will be notified in writing of the
reasons and refunded one-half of the application fees. If the reduction application is
1020 of 1102
complete, the case will be placed on the next available Code Compliance Board or
Special Magistrate Lien Reduction Agenda. The appealing party will be notified in
writing of the scheduled date of the hearing at least five (5) days prior to the hearing
date. If the matter is heard by a Board, a quorum must be present for the Board to hear a
lien reduction and a majority of the entire Board must vote in the affirmative for a lien to
be reduced or waived. The Code Compliance Administrator shall submit the Board or
Special Magistrate's Lien Reduction Order to the City clerk, legal department and the
City manager. The Code Compliance Administrator or his/her designee shall notify the
applicant in writing of the Board's Lien Modification Order within seven (7) days
following the entry of the order and of the date of the next City Commission meeting
when the Commission shall hear the Board or Special Magistrate's recommendation if
required.
Sec. 2-89. Conduct of hearing for lien modification.
The Code Compliance Board or Special Magistrate at a lien modification hearing shall
make one of the following determinations: The lien shall be waived in full, reduced to a
specified amount or shall be upheld in full. The Board or Special Magistrate shall hear all
the facts regarding the specific Code or Codes the appealing party was in violation of, the
date of the original Board hearing, the date the affidavit of noncompliance was issued, the
date the affidavit of compliance was issued, the current lien amount and all pertinent
information relating to the specific case, prior to the Board making it’s a determination
and order. The lien modification hearing shall not be a hearing de novo of the original
case.
Sec. 2-90. Final orders issued in lien modification hearings.
Final orders shall be issued in lien modification hearings in accordance with the
following procedure:
(1) The Code Compliance Board or Special Magistrate shall issue its order in lien
modification hearings in writing in a form approved by the City Attorney. Immediately
following rendition of lien modification order, the City Clerk shall furnish a copy of the
order along with minutes of the Code Compliance Board's meeting hearing to the City
Commission.
(2) Lien modification order issued by the Code Compliance Board or Special
Magistrate shall be final unless a City Commissioner or an aggrieved party takes
exception to the final order within seven (7) days of rendition of the order or a City
Commissioner takes exception to the final order within seven (7) days of rendition of the
order.
(3) The Commission or an aggrieved party may request a review of an Code
Compliance Board's order by notifying the City Manager or his/her designee of the intent
to do so. If review of an Code Compliance Board's order is requested, the City
Commission shall review the order of the Board within thirty (30) days of the request for
review. On review, the City Commission may hear the position of the property owner, a
Code Compliance Board representative, the Special Magistrate, or may rely upon the
minutes of the Code Compliance Board proceeding regarding the propriety of the lien
modification.
(4) The City Commission shall make one of the following rulings:
a. Affirm the Code Compliance Board's final Board order in full.
b. Modify the Code Compliance Board's final order.
1021 of 1102
(5) The Commission shall direct the administration to take action consistent with the
acceptance, rejection, or modification of the Code Compliance Board order.
(6) The property owner shall be advised that in the event the property owner does
not comply with the Code Compliance Board or Special Magistrate order, as approved or
modified by the City Commission, within ninety (90) days of the Commission's action,
then the Code Compliance Board's Lien Reduction Order shall be of no further force or
effect, and the original lien shall remain on the property. No extensions of the ninety-
(90) day period shall be permitted, and no further action by the Code Compliance Board,
the Special Magistrate, or the City Commission shall be permitted regarding lien
reduction.
Sec. 2-91. Violations and penalties.
(a) The following table of violations and penalties shall be assessed by Code
enforcement officers and shall be followed by the county court system as a special master
Magistrate pursuant to section 2-82 of this Code, in its review and adjudication of matters
in accordance with this Article. The schedule of penalties set forth below is not intended
to be all inclusive. The penalty for violation of other Codes or ordinances of the City
heretofore or hereafter created and not enumerated herein shall be enforced in the manner
provided for therein.
. . .
Sec. 2-92. Consolidation of Nuisance Abatement Board and Code Compliance Board;
survival of actions.
All powers, duties, and responsibilities of the Nuisance Abatement Board shall survive
and be deemed merged and consolidated with the powers, duties, and responsibilities of
the Code Compliance Board and the Special Magistrates. All previous actions of the
Nuisance Abatement Board shall survive this consolidation unless specifically revoked
by the Code Compliance Board or Special Magistrate.
Section 3.
The City Administration, including without limitation the City Manager,
the Finance Department, the Police Department, Code Enforcement, and the City Attorney, are
authorized to take all steps necessary to retain Special Magistrates for the purposes established
by this ordinance.
Section 4.
Severability. If any section, sentence, clause, or phrase of this Ordinance is
held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding
shall in no way affect the validity of the remaining portions of this Ordinance.
Section 5.
Inclusion in Code. It is the intention of the City Commission of the City of
Boynton Beach, Florida, that the provisions of this Ordinance shall become and be made a part
of the City of Boynton Beach Code of Ordinances; and that the sections of this ordinance may be
1022 of 1102
renumbered or relettered and the word "ordinance" may be changed to "section," "article," or
such other appropriate word or phrase in order to accomplish such intentions.
Section 6.
Effective Date. This Ordinance shall become effective on the date of second
reading set forth below.
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.
SIGNATURE PAGE FOLLOWS.
FIRST READING this ____ day of _______________, 2013.
SECOND, FINAL READING AND PASSAGE this _____ day of _____________,
2013.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Woodrow L. Hay
______________________________
Commissioner – David T. Merker
______________________________
Commissioner – Michael M. Fitzpatrick
_______________________________
Commissioner – Joe Casello
ATTEST:
1023 of 1102
___________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
1024 of 1102
CODE ENFORCEMENT BOARD/SPECIAL MASTER CHART
BOARD SPECIAL MASTER BOTH
Town of Palm Beach Village of Tequesta Town of Hypoluxo
City of Greenacres Village of Wellington Town of Lantana
City of Delray Beach City of Lake Worth City of Riviera Beach
City of Atlantis City of West Palm Beach Town of Highland Beach
Village of North Palm Beach City of Palm Beach Gardens Town of Mangonia Park
Town of Ocean Ridge Town of Jupiter
City of Boca Raton
Village of Royal Palm Beach
City of Belle Glade
Town of June Beach
1025 of 1102
13. B
LEGAL
October 15, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 15, 2013
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO. 13-024 -
EQUESTED CTION BY ITY OMMISSION
SECOND READING - PUBLIC HEARING - Request abandonment of portions of a 12 foot-wide
Utility Easement located at Compson Place at Renaissance Commons, 1831 Renaissance
Commons Boulevard, zoned SMU (Suburban Mixed Use). Applicant: Anthony Comparato,
Compson Place Apartments, LLC.
ER:
Anthony Comparato is requesting to abandon portions of a
XPLANATION OF EQUEST
utility easement in conjunction with the Compson Place Apartments project currently
under construction in Phase VI of the Renaissance Commons development, located at
the SE corner of Congress Avenue and Gateway Boulevard. The applicant indicates
that the abandonment is warranted because there are no longer any public utilities
located within the easement and will not have any in the future. Therefore, these
portions of the easement no longer serve a public purpose.
The subject request is essentially a housekeeping matter to formalize and closeout the
abandonment of the easement already accomplished in the field. The applicant has
drafted a legal description and easement sketch for the newly created easement to
replace the subject easement and provided copies to the Utilities and Engineering
Departments for their review and approval. As such, staff recommends APPROVAL of
the applicant’s request to abandon these portions of the subject 12 foot-wide utility
easement, subject to recording the new easement in the County records.
th
The City Commission previous tabled this item at their September 17 meeting due to
the applicant’s failure to comply with the notification requirements. The applicant has
since sent the necessary notices by mail and posted signs on the property. The
1026 of 1102
th
Planning & Development Board reviewed this request at their September 24 meeting
and recommended approval.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
None recommended.
LTERNATIVES
1027 of 1102
ORDINANCE NO. 13-024
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING ABANDONMENT OF A 12-FOOT
WIDE UTILITY EASEMENT RUNNING NORTH AND SOUTH
FOR A DISTANCE OF APPROXIMATELY 260 FEET AND IS
LOCATED APPROXIMATELY 50 FEET EAST OF THE WEST
BOUNDARY LINE OF THE APARTMENT DEVELOPMENT
SITE, SUBJECT TO STAFF COMMENTS; AUTHORIZING THE
CITY MANAGER TO EXECUTE A DISCLAIMER, WHICH
SHALL BE RECORDED WITH THIS ORDINANCE IN THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
Anthony Comparato is requesting to abandon portions of a utility
easement running north and south for a distance of approximately 260 feet and is located
approximately 50 feet east of the west boundary line of the apartment development site in
conjunction with the Compson Place Apartments project located at the SE corner of
Congress Avenue and Gateway Boulevard, subject to staff comments; and
WHEREAS,
comments have been solicited from the appropriate City Departments,
and public hearings have been held before the City's Planning and Development Board, and
the City Commission on the proposed abandonment; and
WHEREAS,
staff finds that the 12 foot-wide utility easement no longer serves a
public purpose, and the City Commission adopts that finding.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1.
The foregoing Whereas clauses are true and correct and incorporated
herein by this reference.
Section 2.
The City Commission of the City of Boynton Beach, Florida, does
hereby abandon a portion of the 12 foot-wide utility easement running north and south for a
distance of approximately 260 feet and is located approximately 50 feet east of the west
boundary line of the apartment development site in conjunction with the Compson Place
Apartments project located at the SE corner of Congress Avenue and Gateway Boulevard,
subject to staff comments. The property being abandoned is more particularly described as
follows:
See Composite Exhibit “A” attached hereto and incorporated herein
Said lands lying in the City of Boynton Beach, Florida containing 3,904 and 390
square feet more or less.
Section 3.
The City Manager is hereby authorized and directed to execute the
attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public
Records of Palm Beach County, Florida.
1028 of 1102
Section 4.
This Ordinance shall take effect immediately upon passage.
st
FIRST READING this 1 day of October, 2013.
SECOND, FINAL READING AND PASSAGE THIS _____day of __________,
2013.
CITY OF BOYNTON BEACH, FLORIDA
Mayor – Jerry Taylor
_____________________________________
Vice Mayor – Woodrow L. Hay
_____________________________________
Commissioner – David T. Merker
_____________________________________
Commissioner – Michael M. Fitzpatrick
_____________________________________
Commissioner – Joe Casello
ATTEST:
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS
that the City Commission of the City
of Boynton Beach, Florida, does hereby abandon portions of a utility easement running north
and south for a distance of approximately 260 feet and is located approximately 50 feet east
of the west boundary line of the apartment development site in conjunction with the
Compson Place Apartments project located at the SE corner of Congress Avenue and
Gateway Boulevard, subject to staff comments. The property being abandoned is more
particularly described as follows:
1029 of 1102
See Composite Exhibit “A” attached hereto and incorporated herein
Said lands lying in the City of Boynton Beach, Florida containing 3,904 and 390
square feet more or less.
IN WITNESS WHEREOF,
the duly authorized officers of the City of Boynton
Beach, Florida, have hereunto set their hands and affixed the seal of the City this ____
day of ______________, 2013.
ATTEST: CITY OF BOYNTON BEACH, FLORIDA
___________________ _____________________________
Janet M. Prainito, MMC Lori LaVerriere, City Manager
City Clerk
STATE OF FLORIDA )
)ss:
COUNTY OF PALM BEACH )
BEFORE ME
, the undersigned authority, personally appeared Lori LaVerriere and
Janet M. Prainito, City Manager and City Clerk respectively, of the City of Boynton
Beach, Florida, known to me to be the persons described in and who executed the
foregoing instrument, and acknowledged the execution thereof to be their free hand and
deed as such officers, for the uses and purposes mentioned therein; that they affixed
thereto the official seal of said corporation; and that said instrument is the act and deed of
said corporation.
WITNESS
my hand and official seal in the said State and County this _____ day of
________________, 2013.
_____________________________
NOTARY PUBLIC, State of Florida
My Commission Expires:
1030 of 1102
1031 of 1102
1032 of 1102
1033 of 1102
1034 of 1102
1035 of 1102
1036 of 1102
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 13-021
TO:
Chair and Members
Planning and Development Board
THRU:
Michael W. Rumpf
Planning and Zoning Director
FROM:
Ed Breese
Principal Planner
DATE:
August 14, 2013
Abandonment of portions of a 12 foot-wide Utility Easement located at
SUBJECT:
Compson Place at Renaissance Commons, 1831 Renaissance Commons
Boulevard, zoned SMU (Suburban Mixed Use). Applicant: Anthony
Comparato, Compson Place Apartments, LLC.
NATURE OF REQUEST
Anthony Comparato of Compson Place Apartments, LLC, is requesting to abandon portions of a
utility easement in conjunction with the Compson Place Apartments project currently under
construction in Phase VI of the Renaissance Commons development, located at the SE corner
of Congress Avenue and Gateway Boulevard (see Exhibit “A” – Location Map). The subject
property is zoned SMU (Suburban Mixed Use) and is the last portion of the final phase to be
constructed of the six phase master plan.
One portion of the twelve (12) foot-wide utility easement to be abandoned runs in a north-south
direction for a distance of approximately 260 feet and is located approximately 50 feet east of
the west boundary line of the apartment development site. The other portion of the easement to
be abandoned abuts the south boundary line of the apartment development site, is
nonsymmetrical, and approximately 27 feet in length at its longest part. Sketches and legal
descriptions of the portions of the subject utility easement to be abandoned are attached as
Exhibit “B” and Exhibit “C”.
The applicant indicates that the portions of the utility easement are being vacated because there
are no longer any public utilities located within the easement and will not have any public utilities
in the future. Therefore, the easement no longer serves a public purpose.
The following is a description of the zoning districts and land uses of the properties that
surround the subject request:
1037 of 1102
North: The northern portion of Phase VI of the Renaissance Commons
mixed use development and farther north right-of-way of Gateway
Boulevard;
South: Phase V of the Renaissance Commons mixed use development
(Monteverde Condominiums);
East: Right-of-way of Renaissance Commons Boulevard and farther
east is Phase IV of the Renaissance Commons mixed use development
(Vistabella Townhomes); and
West: The western portion of Phase VI of the Renaissance Commons
mixed use development and farther west right-of-way of Congress
Avenue.
BACKGROUND
The Renaissance Commons mixed use development was approved in six (6) phases over a
period of years beginning in 2003. The first three (3) phases have been completed and
occupied for a number of years. The later phases were approved shortly before the downturn in
the economy and while construction was begun on the subsequent three (3) phases, work
remains to bring them to completion. The Phase IV project to the east of this parcel consists of a
condominium development (Villa Lago) which is completed and occupied and a townhouse
component (Vistabella) which was started and several units have been completed and residents
moved in, then construction stalled, and it is once again under construction. Phase V, located
immediately south of the subject parcel, was designed as two (2) condominium towers
(Monteverde), one of which is completed and occupied and the other simply has the foundation
constructed. Lastly, Phase VI, the northernmost part of the site, is developed along both
Congress Avenue and Gateway Boulevard, but the residential component immediately south of
these commercial buildings lagged, again due to the economic downturn. Compson Place
Apartments recently received the funding necessary to construct the final component of Phase
VI, a 338 unit apartment complex. When the project was approved, it was recognized that the
footprint of the building would encroach upon the previously dedicated water and sewer utility
easement and as a result staff required the abandonment of the easement and dedication of a
new easement. The subject request is essentially a housekeeping matter to formalize and
closeout the abandonment of the easement already accomplished in the field. The applicant has
drafted the legal description and easement sketch for the new replacement easement and
provided copies to the Utilities and Engineering Departments for their review and approval. As a
condition of approval of this abandonment request, the applicant shall record the new easement
documents in the County records.
ANALYSIS
Owners of properties within 400 feet of the subject site were mailed a notice of this request and
its respective hearing dates. The applicant has certified that they posted signage and mailed
notices in accordance with Ordinance No. 04-007 and the abandonment request has been
advertised in the newspaper. A summary of the responses is as follows:
CITY DEPARTMENTS/DIVISIONS
1038 of 1102
Engineering - No objection
Public Works/Utilities - No objection
Planning and Zoning - No objection
PUBLIC UTILITY COMPANIES
Florida Power and Light - N/A
AT & T - N/A
Florida Public Utilities - N/A
Comcast - N/A
RECOMMENDATION
Staff has determined that the subject portions of the utility easement no longer serve a
public purpose and that a new easement has been proposed to meet the utility needs of
the subject project. Based on the above analysis, staff recommends APPROVAL of the
applicant’s request to abandon these portions of the subject 12 foot-wide utility
easement, subject to the recordation of the new easement in the County records. Any
conditions required by the Planning and Development Board and the Commission will be
placed in Exhibit “D” - Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\Renaissance Commons\Compson Place ABAN 13-003\Staff Report.doc
1039 of 1102
1040 of 1102
1041 of 1102
1042 of 1102
1043 of 1102
EXHIBIT "D"
Conditions of Approval
Project name: Compson Place Utility Easement Abandonment
File number: ABAN 13-003
Reference:
DEPARTMENTS
INCLUDE REJECT
ENGINEERING/PUBLIC WORKS/ UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
PLANNING AND ZONING
Comments:
1. The abandonment of the portions of the 12 foot-wide utility easement
X
is subject to recording of a replacement easement acceptable to the
City in the County records.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments: None
ADDITIONAL CITY COMMISSION CONDITIONS
Comments: To be determined.
S:\Planning\SHARED\WP\PROJECTS\Renaissance Commons\Compson Place ABAN 13-003\COA.doc
1044 of 1102
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Compson Place Utility Easement Abandonment (ABAN 13-003)
APPLICANT: Jeffrey Schnars P.E., Schnars Engineering Corporation
APPLICANT’S ADDRESS: 949A Clint Moore Road, Boca Raton, FL 33487
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 15, 2013
APPROVAL SOUGHT: Abandonment of portions of a 12 foot-wide Utility
Easement located at Compson Place at Renaissance
Commons
LOCATION OF PROPERTY: SE corner of Gateway Boulevard & Congress Avenue (1831
Renaissance Commons Boulevard)
DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO.
________ THIS MATTER was presented to the City Commission of the City of Boynton Beach,
Florida on the date of hearing stated above. The City Commission having considered the approval sought
by the applicant and heard testimony from the applicant, members of city administrative staff and the
public finds as follows:
1. Application for the approval sought was made by the Applicant in a manner
consistent with the requirements of the City’s Land Development Regulations.
2. The Applicant
_X_ HAS
___ HAS NOT
established by substantial competent evidence a basis for the approval requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set forth
on Exhibit “D” with notation “Included.”
4. The Applicant’s request is hereby
___ GRANTED subject to the conditions referenced in paragraph 3 above.
___ DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms and
conditions of this order.
7. Other: _______________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
DATED:__________________________ _____________________________________________
City Clerk
1045 of 1102
S:\Planning\SHARED\WP\PROJECTS\Renaissance Commons\Compson Place Aban\DO COUS 13-003.doc
1046 of 1102
13. C
LEGAL
October 15, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 15, 2013
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO. 13-028 -
EQUESTED CTION BY ITY OMMISSION
SECOND READING - PUBLIC HEARING - Adopt the update to the Boynton Beach
Administrative Amendments to the 2010 Florida Building Code adding a manufacturing
equipment permit valuation exemption.
ER:
As part of the City’s Economic Development initiatives the
XPLANATION OF EQUEST
Economic Development Division has requested to have an exemption for manufacturing
equipment added to the Boynton Beach Administrative Amendments to the 2010 Florida
Building Code. The proposed language is as follows:
For the purposes of calculating permit fees the cost of equipment used in the process of
manufacturing a product shall be exempt from paying permit fees for any portion of the
cost greater than $10,000 dollars if the following criteria are met:
• Equipment must have a replacement cost and/or purchase cost greater than
$10,000 dollars per each piece of equipment to be exempted.
• Equipment must be purchased directly by the owner.
• Equipment cannot not be an integral part of the building, building envelope,
building system, and/or essential to the operation of the building.
• The nature of equipment shall be that if a business was to cease to exist or
relocate the equipment would be easily removed from the building.
Note:
1047 of 1102
All, electric, piping, mounting, structural connections, attachment of auxiliary equipment
necessary to operate the manufacturing equipment will be included in permit valuation
and subject to permit fees.
Economic
The proposed changes will partially fulfill one (1) objective outlined in the
Development Initiatives & Implementation Plan
adopted by the City Commission on
October 18th, 2011.
Objective #15
- Potential targets for interim relief provisions in economic recession.
a. Identification – Workforce Housing; Utilities fees; Planning & Zoning fees;
Building fees; County Impact fees; Engineering fees
i. Expand opportunity for Utility fee no-interest payment plans to the entire
City. (Currently limited to CRA)
b. Implementation through ordinance changes - Temporary suspension; fee
reductions; payment options; waivers; rebates
The exemption will help the City be more competitive in recruiting businesses that are
seeking to startup or relocate to Palm Beach County. In addition, the exemption will
make it more financially feasible for businesses to expand their current operations
and/or allow them to expand their operations sooner than originally planned. Under
either case, the exemption will help in retaining and creating new jobs within Boynton
Beach.
H?
None
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
Based on projections the Development Department Building Division’s
ISCAL MPACT
revenue would decrease by estimated $30,000 to $50,000 over the next fiscal year.
A:
Don’t approve the exemption and leave the Boynton Beach
LTERNATIVES
Administrative Amendments to the 2010 Florida Building Code as currently written.
1048 of 1102
ORDINANCE NO. 13-
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA; PROVIDING
FOR THE ADOPTION OF AN UPDATE TO THE
BOYNTON BEACH ADMINISTRATIVE AMENDMENTS
TO THE 2010 FLORIDA BUILDING CODE ADDING A
MANUFACTURING EQUIPMENT PERMIT VALUATION
EXEMPTION: PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE
DATE.
WHEREAS
, pursuant to Chapter 553.73, Florida Statutes, the City Commission may
adopt amendments to the administrative provisions of the Florida Building Code to deal with
local issues and conditions that are unique and distinctive to each jurisdiction, subject to the
limitations in said statute; and
WHEREAS,
the City of Boynton Beach adopted the Boynton Beach Amendments to the
2010 Florida Building Code on March 6, 2012 and June 4, 2013; and
WHEREAS,
the City Commission hereby adopts another update to the Boynton Beach
Administrative Amendments to the 2010 Florida Building Code adding a manufacturing
equipment permit valuation exemption; and
WHEREAS
, such amendments must be transmitted to the State within 30 days after
enactment of the amendments.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing whereas clauses are true and correct and are now ratified and
confirmed by the City Commission.
Section 2. That the Update to the Boynton Beach Administrative Amendments to the
2010 Florida Building Code, are hereby amended by adopting those provisions contained in
Exhibit "A" adding a manufacturing equipment permit valuation exemption, which is attached
hereto and incorporated herein by reference.
1049 of 1102
Section 3. That ordinances or parts of ordinances in conflict herewith be and the
same are hereby repealed, provided that in the event of a conflict with respect to the
administration of the building codes, existing administrative laws or rules of the City shall
control.
Section 4. Should any section or provision of this Ordinance or any portion thereof
be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
remainder of this Ordinance.
Section 5. Authority is hereby given to codify this Ordinance.
Section 6. This Ordinance shall become effective immediately.
FIRST READING this ___ day of ______________, 2013.
SECOND, FINAL READING AND PASSAGE this _____ day of _______, 2013.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Woodrow L. Hay
______________________________
Commissioner – David T. Merker
______________________________
Commissioner – Michael M. Fitzpatrick
_______________________________
Commissioner – Joe Casello
ATTEST:
___________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
1050 of 1102
BOYNTON BEACH
ADMINISTRATIVE AMENDMENTS
to the
2010 FLORIDA BUILDING CODE
UPDATE ADOPTED
ORDINANCE NO. 13-____
st
EFFECTIVE October 1, 2013
ORDINANCE NO. 13-010
th
EFFECTIVE JUNE 4, 2013
ORGINALLY ADOPTED
ORDINANCE NO. 12-003
EFFECTIVE MARCH 6th, 2012
BEGINNING WITH PERMIT NO. 12-0923
City of Boynton Beach Department of Development
Building Division
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33425
(561) 742-6350 Office
1051 of 1102
(561) 742-6357 Fax
TABLE OF CONTENTS
This document can be downloaded online – at no charge – by visiting the “Forms & Applications” section of the
Building Division page on the City of Boynton Beach website at www.boynton-beach.org
ADMINISTRATIVE CODE
(Applies to all Construction Codes)
Chapter 1 Administration
Section
Page
101 GENERAL………………………………………………………………………….. 3
102 APPLICABILITY…………………………………………………………………… 5
103 BUILDING DIVISION………………………………………………………………
8
104 DUTIES AND POWERS OF THE BUILDING OFFICIAL……………………...
8
105 PERMITS…………………………………………………………………………... 10
106 FLOOR AND ROOF DESIGN LOADS………………………………………….
18
107 CONSTRUCTION DOCUMENTS………………………………………………..
18
108 TEMPORARY STRUCTURES AND USES……………………………………..
29
109 FEES……………………………………………………………………………….. 29
110 INSPECTIONS…………………………………………………………………….. 31
111 CERTIFICATES OF OCCUPANCY AND COMPLETION……………………..
39
112 SERVICE UTILITIES………………………………………………………………
41
113 BUILDING BOARD OF ADJUSTMENTS AND APPEALS…………………….
41
114 VIOLATIONS………………………………………………………………………. 44
115 STOP WORK ORDERS………………………………………………………….. 44
116 UNSAFE STRUCTURES AND EQUIPMENT………………………………….
45
117 TESTS……………………………………………………………………………… 46
118 WIND LOADS……………………………………………………………………… 46
119 SEVERABILITY……………………………………………………………………. 46
1052 of 1102
CHAPTER 1
ADMINISTRATION
SECTION 101
GENERAL
101.1 Title.
These regulations shall be known as the Florida Building Code hereinafter referred to
as “this code.”
101.2Scope.
The provisions of this code shall apply to the construction, alteration, movement,
enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal
and demolition of every building or structure or any appurtenances connected or attached to such
buildings or structures.
Exceptions
:
1.Detached one- and two-family dwellings and multiple single-family dwellings
(townhouses) not more than three stories above grade plane in height with a separate
means of egress and their accessory structures shall comply with the Florida Building
Code, Residential.
2.Existing buildings undergoing repair, alterations or additions and change of occupancy shall
comply with the Florida Building Code, Existing Building.
101.2.1Appendices.
Provisions in the appendices shall not apply unless specifically
adopted.
1053 of 1102
101.2.2Florida Building Code, Residential.
Construction standards or practices which
are not covered by Florida Building Code, Residential volume shall be in accordance
with the provisions of Florida Building Code, Building.
101.3Intent.
The purpose of this code is to establish the minimum requirements to safeguard
the public health, safety and general welfare through structural strength, means of egress
facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety
to life and property from fire and other hazards attributed to the built environment and to
provide safety to fire fighters, code officials, and emergency responders during emergency
operations.
101.3.1 Quality Control.
Quality control of materials and workmanship is not within the
purview of this code except as it relates to the purposes stated herein.
101.3.2 Warranty and Liability.
The permitting and inspection of any building, system,
or plan by this jurisdiction, under the requirements of this code, shall not be construed in
any court as a warranty of the physical condition of such building, system, or plan, or
their adequacy. The jurisdiction shall not be liable in tort for damages or hazardous or
illegal condition or inadequacy in such building, system, or plan, nor for any failure of
any component of such, which may occur subsequent to such inspection or permitting.
Further, no Building Department employee shall be liable in tort for damage from such
conditions, in accordance with Section 768.28(9)(a) Florida Statutes, as may be amended.
101.4Referenced codes.
The other codes listed in Sections 101.4.1 through 101.4.9 and
referenced elsewhere in this code shall be considered part of the requirements of this code to the
prescribed extent of each such reference.
101.4.1Electrical.
The provisions of Chapter 27 of the Florida Building Code, Building
shall apply to the installation of electrical systems, including alterations, repairs,
replacement, equipment, appliances, fixtures, fittings and appurtenances thereto.
101.4.2Gas.
The provisions of the International Fuel Gas Code with the Florida Fuel Gas
Code Supplement shall apply to the installation of gas piping from the point of delivery,
gas appliances and related accessories as covered in this code. These requirements apply
to gas piping systems extending from the point of delivery to the inlet connections of
appliances and the installation and operation of residential and commercial gas appliances
and related accessories.
101.4.3Mechanical.
The provisions of the Florida Building Code, Mechanical shall apply to
the installation, alterations, repairs and replacement of mechanical systems, including
equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating,
heating, cooling, air-conditioning and refrigeration systems, incinerators and other
energy-related systems.
101.4.4Plumbing.
The provisions of the Florida Building Code, Plumbing shall apply to
the installation, alteration, repair and replacement of plumbing systems, including
equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water
or sewage system and all aspects of a medical gas system.
1054 of 1102
101.4.5Property maintenance.
For provisions related to property maintenance, refer to
the City of Boynton Beach Code of Ordinances, Chapter 10, Article IV.
101.4.6Fire prevention.
For provisions related to fire prevention, refer to the Florida Fire
Prevention Code. The Florida Fire Prevention Code shall apply to matters affecting or
relating to structures, processes and premises from the hazard of fire and explosion
arising from the storage, handling or use of structures, materials or devices; from
conditions hazardous to life, property or public welfare in the occupancy of structures or
premises; and from the construction, extension, repair, alteration or removal of fire
suppression and alarm systems or fire hazards in the structure or on the premises from
occupancy or operation.
101.4.7Energy.
The provisions of the Florida Building Code, Energy Conservation shall
apply to all matters governing the design and construction of buildings for energy
efficiency.
101.4.8Accessibility.
For provisions related to accessibility, refer to Florida Building Code,
Accessibility.
101.4.9Manufactured buildings.
For additional administrative and special code
requirements, see section 428, Florida Building Code, Building, and Rule 9B-1 F.A.C.
SECTION 102
APPLICABILITY
102.1 General.
Where, in any specific case, different sections of this code specify different
materials, methods of construction or other requirements, the most restrictive shall govern.
Where there is a conflict between a general requirement and a specific requirement, the specific
requirement shall be applicable.
102.1.1The Florida Building Code does not apply to
, and no code enforcement
action shall be brought with respect to, zoning requirements, land use requirements and
owner specifications or programmatic requirements which do not pertain to and
govern the design, construction, erection, alteration, modification, repair or
demolition of public or private buildings, structures or facilities or to programmatic
requirements that do not pertain to enforcement of the Florida Building Code.
Additionally, a local code enforcement agency may not administer or enforce the Florida
Building Code, Building to prevent the siting of any publicly owned facility, including, but
not limited to, correctional facilities, juvenile justice facilities, or state universities,
community colleges, or public education facilities, as provided by law.
102.2Building.
The provisions of the Florida Building Code shall apply to the construction,
erection, alteration, modification, repair, equipment, use and occupancy, location, maintenance,
removal and demolition of every public and private building, structure or facility or floating
1055 of 1102
residential structure, or any appurtenances connected or attached to such buildings, structures or
facilities. Additions, alterations, repairs and changes of use or occupancy group in all buildings
and structures shall comply with the provisions provided in Chapter 34 of this code and the Florida
Building Code, Existing Building. The following buildings, structures and facilities are exempt
from the Florida Building Code as provided by law, and any further exemptions shall be as
determined by the legislature and provided by law:
(a) Building and structures specifically regulated and preempted by the federal government.
(b) Railroads and ancillary facilities associated with the railroad.
(c) Nonresidential farm buildings on farms.
(d) Temporary buildings or sheds used exclusively for construction purposes.
(e) Mobile or modular structures used as temporary offices, except that the provisions of Part
V (Section 553.501-553.513, Florida Statutes) relating to accessibility by persons with
disabilities, and permits shall be required for structural support and tie down,
electrical supply, and all utility connections to such mobile or modular structures.
(f) Those structures or facilities of electric utilities, as defined in Section 366.02, Florida Statutes,
which are directly involved in the generation, transmission or distribution of electricity.
(g) Temporary sets, assemblies or structures used in commercial motion picture or television
production, or any sound-recording equipment used in such production, on or off the premises.
(h) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of
Florida. As used in this paragraph, the term “chickee” means an open-sided wooden hut that has a
thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any
electrical, plumbing, or other non-wood features.
(i) Service provider water, sewer, storm, gas, cable, telephone, or other similar utility systems are
exempt to the point of service connection for the building or structure.
(j) Family mausoleums not exceeding 250 square feet in area which are prefabricated and
assembled on site or preassembled and delivered on site and have walls, roofs, and a floor
constructed of granite, marble, or reinforced concrete.
(k) Temporary housing provided by the Department of Corrections to any prisoner in the
state correctional system.
102.2.1In addition to the requirements of Section 553.79 and 553.80, Florida
Statutes
, facilities subject to the provisions of Chapter 395, Florida Statutes
(Hospital Licensing and Regulation), and Parts II and VIII of Chapter 400,
Florida Statutes (Nursing Homes), shall have facility plans reviewed and construction
surveyed by the state agency authorized to do so under the requirements of Chapter
395, Florida Statutes, and Parts II and VIII of Chapter 400, Florida Statutes, and the
certification requirements of the federal government.
1056 of 1102
102.2.2Buildings or structures for residential uses moved
into or within a county or
municipality shall not be required to be brought into compliance with the state minimum
building code in force at the time the building or structure is moved, provided:
1.The building or structure is structurally sound and in occupiable condition for its
intended use;
2.The occupancy use classification for the building or structure is not changed as a result
of the move;
3.The building is not substantially remodeled;
4.Current fire code requirements for ingress and egress are met;
5.Electrical, gas and plumbing systems meet the codes in force at the time of original
construction and are operational and safe for reconnection; and
6.Foundation plans are sealed by a professional engineer or architect licensed to
practice in this state, if required by the applicable Florida Statutes for all
buildings or structures of the same residential occupancy class.
7.The requirements of Florida Building Code, Existing Building are also satisfied.
102.2.3The building official shall apply
the same standard to a moved residential
building or structure as that applied to the remodeling of any comparable residential
building or structure to determine whether the moved structure is substantially
remodeled.
102.2.4This section does not apply
to the jurisdiction and authority of the Department of
Agriculture and Consumer Services to inspect amusement rides or the Department of
Financial Services to inspect state-owned buildings and boilers.
102.2.5Reserved.
102.2.6This Code does not apply
to swings and other playground equipment accessory to a
one- or two-family dwelling.
Exception:
Electrical service to such playground equipment shall be in accordance with
Chapter 27 of this code.
102.3Application of references.
References to chapter or section numbers, or to provisions not
specifically identified by number, shall be construed to refer to such chapter, section or provision
of this code.
102.4Referenced codes and standards.
The codes and standards referenced in this code shall be
considered part of the requirements of this code to the prescribed extent of each such reference.
Where differences occur between provisions of this code and referenced codes and standards,
the provisions of this code shall apply.
102.5Reserved.
1057 of 1102
102.6Existing structures.
The legal occupancy of any structure existing on the date of adoption of
this code shall be permitted to continue without change, except as is specifically covered
in this code, the Codes referenced in Section 101.4, or the Florida Fire Prevention Code, or as is
deemed necessary by the building official for the general safety and welfare of the
occupants and the public.
102.7Relocation of manufactured buildings.
1.
Relocation of an existing manufactured building does not constitute an alteration.
2.
A relocated building shall comply with wind speed requirements of the new location, using
the appropriate wind speed map. If the existing building was manufactured in compliance with
the Standard Building Code (prior to March 1, 2002), the wind speed map of the Standard
Building Code shall be applicable. If the existing building was manufactured in compliance
with the Florida Building Code (after March 1, 2002), the wind speed map of the Florida
Building Code shall be applicable.
3.
A relocated building shall comply with the flood hazard area requirements of the new
location, if applicable
102.8 Existing mechanical equipment.
An agency or local government may not require that
existing mechanical equipment on the surface of a roof be installed in compliance with the
requirements of the Florida Building Code until the equipment is required to be removed or
replaced.
SECTION 103
BUILDING DIVISION
103.1Establishment.
There is hereby established a division to be called the building division
and the person in charge shall be known as the building official. All code officials employed by
the division shall be certified in accordance with Chapter 468, Part XII, Florida Statutes.
103.2Reserved.
103.3 Reserved.
SECTION 104
DUTIES AND POWERS OF THE
BUILDING OFFICIAL
104.1General.
The building official is hereby authorized and directed to enforce the provisions
of this code. The building official shall have the authority to render interpretations of this code,
and to adopt policies and procedures in order to clarify the application of its provisions. Such
interpretations, policies and procedures shall be in compliance with the intent and purpose of this
code. Such policies and procedures shall not have the effect of waiving requirements specifically
provided for in this code.
1058 of 1102
104.2Applications and permits.
The building official shall receive applications, review
construction documents and issue permits for the erection, and alteration, demolition and moving
of buildings, structures, and service systems, inspect the premises for which such permits have
been issued and enforce compliance with the provisions of this code.
104.3Notices and orders.
The building official shall issue all necessary notices or orders to
ensure compliance with this code.
104.4Inspections.
The building official shall make all of the required inspections, or the
building official shall have the authority to accept reports of inspection by approved agencies or
individuals. Reports of such inspections shall be in writing and be certified by a responsible
officer of such approved agency or by the responsible individual. The building official is
authorized to engage such expert opinion as deemed necessary to report upon unusual technical
issues that arise, subject to the approval of the appointing authority.
104.5Identification.
The building official shall carry proper identification, as issued by the
jurisdiction, when inspecting structures or premises in the performance of duties under this code.
104.6Right of entry.
104.6.1 Where it is necessary to make an inspection
to enforce any of the provisions of
this code, or where the building official has reasonable cause to believe that there exists
in any building or upon any premises any condition or code violation which makes such
building, structure, or premises, unsafe, dangerous or hazardous, the building official is
authorized to enter the building, structure or premises at all reasonable times to inspect or
to perform any duty imposed by this code, provided that iIf such building, structure or
premises are occupied, that credentials be presented to the occupant and entry requested.
If such building, structure, or premises are unoccupied, the building official shall first
make a
reasonable effort to locate the owner or other persons having charge or control of the
building, structure, or premises, and request entry. If entry is refused, the building
official shall have recourse to every remedies provided by law to secure entry.
104.6.2When the building official shall have first obtained a proper inspection
warrant
in accordance with F.S. 933, or other remedy provided by law to secure entry,
no owner or occupant or any other persons having charge, care or control of any building,
structure, or premises shall fail or neglect, after proper request is made as herein
provided, to promptly permit entry therein by the building official for the purpose of
inspection and examination pursuant to this code.
104.7Department records.
The building official shall keep official records of applications
received, permits and certificates issued, fees collected, reports of inspections, and notices and
orders issued. Such records shall be retained in the official records for the period required for
retention of public records per F.S. 119.
104.8Liability.
The building official, member of the board of appeals or employee charged with
the enforcement of this code, while acting for the jurisdiction in good faith and without malice in
the discharge of the duties required by this code or other pertinent law or ordinance, shall not
thereby be rendered liable personally and is hereby relieved from personal liability for any
damage accruing to persons or property as a result of any act or by reason of an act or omission
1059 of 1102
in the discharge of official duties. Any suit instituted against an officer or employee or member
because of an act performed by that officer or employee or member in the lawful discharge of
duties and under the provisions of this code shall be defended by legal representative of the
jurisdiction until the final termination of the proceedings. The building official or any
subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in
pursuance of the provisions of this code.
104.9Approved materials and equipment.
Materials, equipment and devices approved by
the building official shall be constructed and installed in accordance with such approval.
104.9.1Used materials and equipment.
The use of used, recycled, or reclaimed
materials which meet the requirements of this code for new materials is permitted.
Used equipment and devices shall not be reused unless approved by the
building official.
104.10Modifications.
Wherever there are practical difficulties involved in carrying out the
provisions of this code, the building official shall have the authority to grant modifications for
individual cases, upon application of the owner or owner’s representative, provided the building
official shall first find that special individual reason makes the strict letter of this code
impractical and the modification is in compliance with the intent and purpose of this code and
that such modification does not lessen health, accessibility, life and fire safety, or structural
requirements. The details of action granting modifications shall be recorded and entered in the
files of the building division.
104.11Alternative materials, design and methods of construction and equipment.
The
provisions of this code are not intended to prevent the installation of any material or to
prohibit any design or method of construction not specifically prescribed by this code,
provided that any such alternative has been approved. An alternative material, design or
method of construction shall be approved where the building official finds that the proposed
design is satisfactory and complies with the intent of the provisions of this code, and that the
material, method or work offered is, for the purpose intended, at least the equivalent of that
prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety.
When alternate life safety systems are designed, the SFPE Engineering Guide to
Performance-Based Fire Protection Analysis and Design of Buildings, or other methods
approved by the building official may be used. The building official shall require that sufficient
evidence or proof be submitted to substantiate any claim made regarding the alternative.
104.11.1Research reports.
Supporting data, where necessary to assist in the approval of
materials or assemblies not specifically provided for in this code, shall consist of valid
research reports from approved sources.
104.11.2Tests.
Whenever there is insufficient evidence of compliance with the provisions
of this code, or evidence that a material or method does not conform to the requirements
of this code, or in order to substantiate claims for alternative materials or methods, the
building official shall have the authority to require tests as evidence of compliance to be
made at no expense to the jurisdiction. Test methods shall be as specified in this code or by
other recognized test standards. In the absence of recognized and accepted test methods, the
building official shall approve the testing procedures. Tests shall be performed by an
approved agency. Reports of such tests shall be retained by the building official for the
period required for retention of public records.
1060 of 1102
104.11.3Accessibility.
Alternative designs and technologies for providing access to and
usability of a facility for persons with disabilities shall be in accordance with
provisions of the Florida Building Code, Accessibility.
104.12 Requirements not covered by code.
Any requirements necessary for the strength,
stability or proper operation of an existing or proposed building, structure, electrical, gas,
mechanical or plumbing system, or for the public safety, health and general welfare, not
specifically covered by this or the other technical codes, shall be determined by the building
official.
SECTION 105
PERMITS
105.1 Required.
Any contractor, owner, or agent authorized in accordance with Florida Statute
489 who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of
a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any
impact-resistant coverings, electrical, gas, mechanical, plumbing or fire protection system, or
accessible or flood resistant site element, the installation of which is regulated by this code, or to
cause any such work to be done, shall first make application to the building official and obtain the
required permit.
105.1.1Annual facility permit.
In lieu of an individual permit for each alteration to an
existing electrical, gas, mechanical, plumbing or interior nonstructural office system(s),
the building official is authorized to issue an annual permit for any occupancy to
facilitate
routine or emergency service, repair, refurbishing, minor renovations of service
systems, or manufacturing equipment installations/relocations. The building official shall
be notified of major changes and shall retain the right to make inspections at the facility
sites as deemed necessary. An annual facility permit shall be assessed with an annual fee
and shall be valid for one year from date of issuance. A separate permit shall be obtained
for each facility and for each construction trade, as applicable. The permit application shall
contain a general description of the parameters of work intended to be performed during the
year.
105.1.2Annual permit records.
The person to whom an annual permit is issued shall
keep a detailed record of alterations made under such annual permit. The building
official shall have access to such records at all times or such records shall be filed
with the building official as designated. The building official is authorized to revoke
or withhold the issuance of the future annual permits if code violations are found to exist.
105.1.3Food permit.
As per Section 500.12, Florida Statutes, a food permit from the
Department of Agriculture and Consumer Services is required of any person who
operates a food establishment or retail store.
105.2Work exempt from permit.
Exemptions from permit requirements of this code shall not
be deemed to grant authorization for any work to be done in any manner in violation of the
1061 of 1102
provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be
required for the following:
Building:
1.Building permits are not required for replacement or repair work having value of less than
$1,000.00, providing, however, that such work will not adversely effect the structural
integrity, fire rating, exit access or egress requirements.
2. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work, with no
electrical or plumbing work.
3. Temporary motion picture, television and theater sets and scenery.
4. Swings and other playground equipment accessory to detached one- and two-family
dwellings, but they may be subject to Zoning permits.
5. In the case of roofing repairs, a permit may not be required for work having a value of less
than
$500, unless such work effects the structural integrity of the roof.
6. The installation of one (1) accessory building (tool shed, etc.) per single family residence/lot,
with
the accessory building having a size less than or equal to 100 square feet.
Gas:
1.Portable heating appliance.
2.Replacement of any minor part that does not alter approval of equipment or make such
equipment unsafe.
Mechanical:
1.Portable heating appliance.
2.Portable ventilation equipment.
3.Portable cooling unit.
4.Steam, hot or chilled water piping within any heating or cooling equipment regulated by this
code.
5.Replacement of any part which does not alter its approval or make it unsafe.
6.Portable evaporative cooler.
7.Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of refrigerant and
actuated by motors of 1 horsepower (746 W) or less.
1062 of 1102
8.The installation, replacement, removal or metering of any load management control device.
Plumbing:
1.The stopping of leaks in drains, water, soil, waste or vent pipe provided, however, that if any
concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes
necessary to remove and replace the same with new material, such work shall be considered as
new work and a permit shall be obtained and inspection made as provided in this code.
2.The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the
removal and reinstallation of water closets, provided such repairs do not involve or require the
replacement or rearrangement of valves, pipes or fixtures.
3.The replacement of common household plumbing fixtures to existing supply lines and
outlets. This does not include water heaters, bathtubs or showers.
105.2.1Emergency repairs.
Where equipment replacements and repairs must be
performed in an emergency situation, the permit application shall be submitted
within the next working business day to the building official. Notification shall be given
to the building official including the work address, nature of emergency and scope of
work immediately, or by next business day.
105.2.2Minor repairs.
Ordinary minor repairs or installation of replacement parts may
be made with the approval of the building official, without a permit, provided the repairs
do not include the cutting away of any wall, partition or portion thereof, the removal or
cutting of any structural beam or load-bearing support, or the removal or change of any
required means of egress, or rearrangement of parts of a structure affecting the egress
requirements; nor shall ordinary minor repairs include addition to, alteration of, replacement
or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste,
vent or similar piping, electric wiring systems or mechanical equipment or other work
affecting public health or general safety, and such repairs shall not violate any of the
provisions of the technical codes.
105.2.3Temporary structures.
A special building permit for a 6 month time period may
be required before the erection of temporary structures such as canopies, tents and fences
used in construction work or for temporary purposes such as reviewing stands. Such
structures shall be completely removed upon the expiration of the 6 month time limit.
105.3Application for permit.
To obtain a permit, the applicant shall first file an application
therefore in writing on a form furnished by the department for that purpose. Permit application
forms shall be in the format prescribed by a local administrative board, if applicable, and must
comply with the requirements of Section 713.135(5) and (6), Florida Statutes. Each application
shall be inscribed with the date of application, and the code in effect as of that date. For a
building permit for which an application is submitted prior to the effective date of the Florida
Building Code, the state minimum building code in effect in the permitting jurisdiction on the date
of the application governs the permitted work for the life of the permit and any extension
granted to the permit.
105.3.1Action on application.
The building official shall examine or cause to be
examined applications for permits and amendments thereto within a reasonable time after
1063 of 1102
filing. If the application or the construction documents do not conform to the requirements
of pertinent laws, the building official shall reject such application in writing, stating the
reasons therefore. If the building official is satisfied that the proposed work conforms to the
requirements of this code and laws and ordinances applicable thereto, the building
official shall issue a permit therefore as soon as practicable. When authorized through
contractual agreement with a school board, in acting on applications for permits, the
building official shall give first priority to any applications for the construction of, or
addition or renovation to, any school or educational facility.
105.3.1.1If a state university, Florida college or public school district
elects to
use a local government’s code enforcement offices, fees charged by counties and
municipalities for enforcement of the Florida Building Code on buildings,
structures, and facilities of state universities, state colleges and public school
districts shall not be more than the actual labor and administrative costs incurred
for plans review and inspections to ensure compliance with the code.
105.3.1.2No permit may be issued for any building construction
, erection,
alteration, modification, repair, or addition unless the applicant for such permit
provides to the enforcing agency which issues the permit any of the following
documents which apply to the construction for which the permit is to be issued
and which shall be prepared by or under the direction of an engineer registered under
Chapter 471, Florida Statutes:
1. Any electrical or plumbing or air-conditioning and refrigeration system
meeting the following thresholds are required to be designed by a
Florida Registered Engineer. The system:
A. Requires an electrical or plumbing or air-conditioning and
refrigeration system with a value of over $50,000; or
B. 1) Requires an aggregate service capacity of over 600 amperes
(240 volts) on a residential electrical system or over 800 amperes
(240 volts) on a commercial or industrial electrical system.
2) Requires a plumbing system with 250 fixture units or more.
3) Requires Heating, ventilation and air-conditioning system that exceeds a
15-ton-per- system capacity, or if the project is designed to
accommodate over 100 persons
2. Fire sprinkler documents for any new building or addition which includes a fire
sprinkler system which contains 50 or more sprinkler heads. A Contractor I,
Contractor II or Contractor IV, certified under Section 633.521, Florida
Statutes, may design a fire sprinkler system of 49 or fewer heads and may
design the alteration of an existing fire sprinkler system if the alteration consists
of the relocation, addition or deletion of not more than 49 heads,
notwithstanding the size of the existing fire sprinkler system.
3. Any specialized mechanical, electrical, or plumbing document for any new
building or addition which includes a medical gas, oxygen, steam, vacuum,
toxic air filtration, halon, or fire detection and alarm system which costs more
than $5,000.
1064 of 1102
Documents requiring an engineer seal by this part shall not be valid unless a professional
engineer who possesses a valid certificate of registration has signed, dated, and sealedsuch
document as provided in Section 471.025, Florida Statutes.
105.3.2Time limitation of application.
An application for a permit for any proposed
work shall be deemed to have been abandoned and invalid, 180 days after the date of
filing, or for any six month period of abandonment or suspension during the
application process, unless such application has been pursued in good faith or a permit
has been issued; except that the building official is authorized to grant one or more
extensions of time for additional periods not exceeding 90 days each not to exceed three
extensions. The extension shall be requested in writing prior to the abandonment date and
justifiable cause demonstrated. Abandoned applications shall be subject to destruction in
accordance with state law. The fee for renewal, re-issuance, and extension of a permit
application shall be set forth by the administrative authority. There may be fees or
requirements from other government agencies for permit application extensions and
renewals.
105.3.3An enforcing authority may not issue a building permit
for any building
construction, erection, alteration, modification, repair or addition unless the permit either
includes on its face or there is attached to the permit the following statement: “NOTICE:
In addition to the requirements of this permit, there may be additional
restrictions applicable to this property that may be found in the public records of this
county, and there may be additional permits required from other governmental entities
such as water management districts, state agencies or federal agencies.”
105.3.4A building permit for a single-family residential dwelling
must be issued
within 30 working days of application therefore unless unusual circumstances
require a longer time for processing the application or unless the permit application
fails to satisfy the Florida Building Code or the enforcing agency’s laws or ordinances.
105.3.5Identification of minimum premium policy.
Except as otherwise provided in
Chapter 440, Florida Statutes, Workers’ Compensation, every employer shall, as a
condition to receiving a building permit, show proof that it has secured compensation for
its employees as provided in Section 440.10 and 440.38, Florida Statutes.
105.3.6Asbestos removal.
Moving, removal or disposal of asbestos-containing materials
on a residential building where the owner occupies the building, the building is not for
sale or lease, and the work is performed according to the owner-builder limitations
provided in this paragraph. To qualify for exemption under this paragraph, an owner must
personally appear and sign the building permit application. The permitting agency shall
provide the person with a disclosure statement in substantially the following form:
Disclosure Statement
: State law requires asbestos abatement to be done by licensed
contractors. You have applied for a permit under an exemption to that law. The
exemption allows you, as the owner of your property, to act as your own asbestos
abatement contractor even though you do not have a license. You must supervise the
construction yourself. You
may move, remove or dispose of asbestos-containing materials on a residential building
where you occupy the building and the building is not for sale or lease, or the
1065 of 1102
building is a farm outbuilding on your property. If you sell or lease such building
within 1 year after the asbestos abatement is complete, the law will presume that you
intended to sell or lease the property at the time the work was done, which is a violation of
this exemption. You may not hire an unlicensed person as your contractor. Your work must
be done according to all local, state and federal laws and regulations which apply to
asbestos abatement projects. It is your responsibility to make sure that people employed
by you have licenses required by state law and by county or municipal licensing ordinances.
105.3.7Applicable Code for Manufactured Buildings.
Manufacturers should
be permitted to complete all buildings designed and approved prior to the
effective date of a new code edition, provided a clear signed contract is in place.
The contract shall provide specific data mirroring that required by an application
for permit, specifically, without limitation, date of execution, building owner or
dealer, and anticipated date of completion. However, the construction activity
must commence within 180 days of the contract's execution. The contract is
subject to verification by the Department of Community Affairs.
105.3.8Public right of way.
A permit shall not be given by the building official
for the construction of any building, or for the alteration of any building where
said building is to be changed and such change will affect the exterior walls,
bays, balconies, or other appendages or projections fronting on any street, alley
or public lane, or for the placing on any lot or premises of any building or
structure removed from another lot or premises, unless the applicant has
received a right of way permit from the authority having jurisdiction over the
street, alley or public lane.
105.4Conditions of the permit.
The issuance or granting of a permit shall not be construed to
be a permit for, or an approval of, any violation of any of the provisions of this code or of any
other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the
provisions of this code or other ordinances of the jurisdiction shall not be valid. The issuance of a
permit based on construction documents and other data shall not prevent the building official
from requiring the correction of errors in the construction documents and other data. The
building official is also authorized to prevent occupancy or use of a structure where in violation
of this code or of any other ordinances of this jurisdiction.
105.4.1Permit intent.
A permit issued shall be construed to be a license to proceed with
the work and not as authority to violate, cancel, alter or set aside any of the provisions of
the technical codes, nor shall issuance of a permit prevent the building official from
thereafter requiring a correction of errors in plans, construction or violations of this code.
Every permit issued shall become invalid unless the work authorized by such permit is
commenced within 180 days after its issuance, or if the work authorized by such permit is
suspended or abandoned for a period of 180 days after the time the work is commenced.
105.4.1.1If work has commenced and the permit is revoked
, becomes null and
void or expires because of lack of progress or abandonment, a new permit, or
revalidation of the original permit, covering the proposed construction shall be obtained
before proceeding with the work.
105.4.1.2If a new permit, or revalidation
of the original permit, is not obtained within
180 days from the date the initial permit became null and void, the building official is
1066 of 1102
authorized to require that any work which has been commenced or completed be
removed from the building site. Alternately, a new permit may be issued on application,
providing the work in place and required to complete the structure meets all applicable
regulations in effect at the time the initial permit became null and void and any
regulations which may have become effective between the date of expiration and the
date of issuance of the new permit.
105.4.1.3Work shall be considered to be in active progress
when the permit has
received an approved inspection within 180 days. This provision shall not be
applicable in case of civil commotion or strike or when the building work is halted due
directly to judicial injunction, order or similar process, or due to action by an
environmental or archeological agency having jurisdiction. The building official is
authorized to grant, in writing, one or more extensions of time, for periods not more
than 90 days each. The extension shall be requested in writing and justifiable cause
demonstrated, prior to expiration.
105.4.1.4The fee for renewal, reissuance, and extension of a permit
shall be set
forth by the administrative authority. There may be fees or requirements from other
government agencies for permit extensions and renewals.
105.5 Expiration. Reserved
105.6 Suspension or Revocation of permits
105.6.1Misrepresentation of application.
The building official may suspend or revoke
a permit or approval, issued under the provisions of this code, in case there has been any
false statement or misrepresentation as to the material fact in the application or plans on
which the permit or approval was based.
105.6.2 Violation of code provisions.
The building official may suspend or revoke a
permit upon determination by the building official that the construction, erection,
alteration, repair, moving, demolition, installation, or replacement of the building,
structure, electrical, gas, mechanical or plumbing systems for which the permit was
issued is in violation of, or not in conformity with, the provisions of this code.
105.7Placement of permit.
The building permit or copy shall be kept on the site of the work until
the completion of the project.
105.8Notice of commencement.
As per Section 713.135, Florida Statutes, when any person
applies for a building permit, the authority issuing such permit shall print on the face of each
permit card in no less than 14-point, capitalized, boldfaced type: “WARNING TO OWNER:
YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN
YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND
TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE
RECORDING YOUR NOTICE OF COMMENCEMENT.”
105.9Asbestos.
The enforcing agency shall require each building permit for the demolition or
renovation of an existing structure to contain an asbestos notification statement which indicates the
owner’s or operator’s responsibility to comply with the provisions of Section 469.003, Florida
Statutes, and to notify the Department of Environmental Protection of his or her intentions to
1067 of 1102
remove asbestos, when applicable, in accordance with state and federal law. Refer to Section
105.3.6 “Asbestos Removal” for additional requirements.
105.10Certificate of protective treatment for prevention of termites.
A weather-resistant job-
site posting board shall be provided to receive duplicate treatment certificates shall be provided
as each required protective treatment is completed, supplying one copy for the person the
permit is issued to and another copy for the building permit files. The treatment certificate shall
provide the product used, identity of the applicator, time and date of the treatment, site location,
area treated, chemical used, percent concentration and number of gallons used, to establish a
verifiable record of protective treatment. If the soil chemical barrier method for termite
prevention is used, final exterior treatment shall be completed prior to final building approval.
For a bait system, see Section 1816.1.7 of the Florida Building Code for contract document
requirements.
105.11Notice of termite protection.
A permanent sign which identifies the termite treatment
provider and need for reinspection and treatment contract renewal shall be provided. The sign
shall be posted near the water heater or electric panel.
105.12Work starting before permit issuance.
Upon written request and approval of the
building official, the scope of work delineated in the building permit application and plan may
be started prior to the final approval and issuance of the permit, provided any work completed is
entirely at risk of the permit applicant and the work does not proceed past the first required
inspection. This provision is only for the Florida Building Code, all other Agency approvals
necessary for construction must be secured prior to this provision being applied.
105.13Phased permit approval.
After submittal of the appropriate construction documents, the
building official is authorized to issue a permit for the construction of foundations or any other part
of a building or structure before the construction documents for the whole building or structure
have been submitted. The holder of such permit for the foundation or other parts of a
building or structure shall proceed at the holder’s own risk with the building operation and
without assurance that a permit for the entire structure will be granted. Corrections may be required
to meet the requirements of the technical codes. This provision is only for the Florida Building
Code, all other Agency approvals necessary for construction must be secured prior to this
provision being applied.
105.14Permit issued on basis of an affidavit.
The building official may accept a sworn affidavit
from a registered architect or engineer stating that the plans submitted conform to the technical
codes. For buildings and structures, the affidavit shall state that the plans conform to the laws as
to egress, type of construction and general arrangement and, if accompanied by drawings, show
the structural design and that the plans and design conform to the requirements of the technical
codes as to strength, stresses, strains, loads and stability. Whenever a permit is issued in reliance
upon an affidavit or whenever the work to be covered by a permit involves installation under
conditions which, in the opinion of the building official, are hazardous or complex, the
building official shall require that the architect or engineer who signed the affidavit or
prepared the drawings or computations shall inspect such work. The building official may
without any examination or inspection accept such affidavit, provided the architect or engineer
who made such affidavit agrees to submit to the building official copies of inspection reports as
inspections are performed. In addition, they shall certify conformity to the permit, and upon
completion of the structure, electrical, gas, mechanical or plumbing systems make and file with
the building official written affidavit that the work has been done in conformity to the
1068 of 1102
reviewed plans and that the structure, electrical, gas, mechanical or plumbing system has been
erected in accordance with the requirements of the technical codes. Where the building official
relies upon such affidavit, the architect or engineer shall assume full responsibility for
compliance with all provisions of the technical codes and other pertinent laws or ordinances. In
the event such architect or engineer is not available, the owner shall employ in his stead a
competent person or agency whose qualifications are reviewed by the building official. The
building official shall ensure that any person conducting plans review is qualified as a plans
examiner under Part XII of Chapter 468, Florida Statutes, and that any person conducting
inspections is qualified as a building inspector under Part XII of Chapter 468, Florida
Statutes. Nothing aforesaid shall preclude plan review or inspections by the building official.
105.15 Opening protection.
When any activity requiring a building permit that is applied for on
or after July 1, 2008, and for which the estimated cost is $50,000 or more for a site built single
family detached residential structures that is located in the wind borne debris region as defined in
this Code and that has an insured value of $750,000 or more, or, if the site built single family
detached residential structures is uninsured or for which documentation of insured value is not
presented, has a just valuation for the structure for purposes of ad valorem taxation of $750,000
or more; opening protections as required within this Code or Florida Building Code, Residential
for new construction shall be provided.
Exception:
Single family residential structures permitted subject to the Florida Building Code
are not required to comply with this section.
SECTION 106
FLOOR AND ROOF DESIGN LOADS
106.1 Live loads posted.
Where the live loads for which each floor or portion thereof of a
commercial or industrial building is or has been designed to exceed 50 psf (2.40 kN/m2), such
design live loads shall be conspicuously posted by the owner in that part of each story in which
they apply, using durable signs. It shall be unlawful to remove or deface such notices
106.2 Issuance of certificate of occupancy.
A certificate of occupancy required by Section 111
shall not be issued until the floor load signs, required by Section 106.1, have been installed.
106.3 Restrictions on loading.
It shall be unlawful to place, or cause or permit to be placed, on
any floor or roof of a building, structure or portion thereof, a load greater than is permitted by
this code.
SECTION 107
CONSTRUCTION DOCUMENTS
107.1General.
Submittal documents consisting of construction documents, statement of special
inspections, geotechnical report and other data shall be submitted in two or more sets with each
permit application. The construction documents shall be prepared by a registered design
professional where required by Chapter 471, Florida Statutes& 61G15 Florida Administrative
Code or Chapter 481, Florida Statutes& 61G1 Florida Administrative Code. Where special
conditions exist, the building official is authorized to require additional construction documents
1069 of 1102
to be prepared by a registered design professional. Electronic media documents shall be submitted
when required by the building official, and may require only one set of submittals.
Exception:
The building official is authorized to waive the submission of construction
documents and other data not required to be prepared by a registered design
professional if it is found that the nature of the work applied for is such that review of
construction documents is not necessary to obtain compliance with this code.
If the design professional is an architect, interior designer, landscape architect, or engineer
legally registered under the laws of this state regulating the practice of architecture or interior
design as provided for in Chapter 481, Florida Statutes, Part I, or landscape architecture as
provided for in Chapter 481, Florida Statutes, Part II, or engineering as provided for in Chapter
471, Florida Statutes, then he or she shall affix his or her official seal to said drawings,
specifications and accompanying data, as required by Florida Statute.
107.2 Construction documents.
Construction documents shall be in accordance with Sections
107.2.1 through 107.2.5.
107.2.1Information on construction documents.
Construction documents shall be
dimensioned and drawn upon suitable material. Electronic media documents shall be
submitted when approved by the building official. Construction documents shall be of
sufficient clarity to indicate the location, nature and extent of the work proposed
and show in detail that it will conform to the provisions of this code and relevant laws,
ordinances, rules and regulations, as determined by the building official. Such drawings
and specifications shall contain information, in the form of notes or otherwise, as to the
quality of materials, where quality is essential to conformity with the technical codes.
Such information shall be specific, and the technical codes shall not be cited as a whole
or in part, nor shall the term "legal" or its equivalent be used as a substitute for specific
information. All information, drawings, specifications and accompanying data shall bear
the name and signature of the person responsible for the design. (See also Section
107.3.5).
107.2.1.1Fire protection system shop drawings.
Shop drawings for the fire
protection system(s) shall be submitted to indicate conformance with this code and the
construction documents and shall be approved prior to the start of system installation.
Shop drawings shall contain all information as required by the referenced installation
standards in
Chapter 9 of the Florida Building Code.
107.2.1.2For roof assemblies required by the code
, the construction documents shall
illustrate, describe and delineate the type of roofing system, materials, fastening
requirements, flashing requirements and wind resistance rating that are required to be
installed. Product evaluation and installation shall indicate compliance with the
wind criteria required for the specific site or a statement by an architect or engineer for
the specific site must be submitted with the construction documents.
107.2.1.3Additional data.
The building official may require details, computations,
stress diagrams, and other data necessary to describe the construction or installation
and the basis of calculations. All drawings, specifications and accompanying data
1070 of 1102
required by the building official to be prepared by an architect or engineer shall be
affixed with their official seal, signature and date as state law requires.
107.2.1.4 Quality of building plans.
Building plans shall be drawn to a minimum 1/8
inch scale upon substantial paper, cloth or other acceptable medium. The building
official may establish through departmental policy, other standards for plans and
specifications, in order to provide conformity to its record retention program. This
policy may include such things as minimum size, shape, contrast, clarity, or other
items related to records management. Electronic media must be compatible with the
archive requirements of Florida Statutes.
107.2.2Reserved.
107.2.3 Means of egress.
The construction documents shall show in sufficient detail the
location, construction, size and character of all portions of the means of egress in
compliance with the provisions of this code. In other than occupancies in Groups R-2, R-
3, and I-1, the construction documents shall designate the number of occupants to be
accommodated on every floor, and in all rooms and spaces.
107.2.4 Exterior wall envelope.
Construction documents for all buildings shall describe
the exterior wall envelope in sufficient detail to determine compliance with this code. The
construction documents shall provide details of the exterior wall envelope as required,
including flashing, intersections with dissimilar materials, corners, end details, control
joints, intersections at roof, eaves or parapets, means of drainage, water-resistive
membrane and details around openings. The construction documents shall include
manufacturer’s installation instructions that provide supporting documentation that the
proposed penetration and opening details described in the construction documents
maintain the weather resistance of the exterior wall envelope. The supporting
documentation shall fully describe the exterior wall system which was tested, where
applicable, as well as the test procedure used.
107.2.5 Site plan.
The construction documents submitted with the application for permit
shall be accompanied by a site plan showing to scale the size and location of new
construction and existing structures on the site, distances from lot lines, the established
street grades and the proposed finished grades and, as applicable, flood hazard areas,
floodways, and design flood elevations; and it shall be drawn in accordance with an
accurate boundary line survey. In the case of demolition, the site plan shall show
construction to be demolished and the location and size of existing structures and
construction that are to remain on the site or plot. The building official is authorized to
waive or modify the requirement for a site plan when the application for permit is for
alteration or repair or when otherwise warranted.
107.2.5.1 Design flood elevations.
Where design flood elevations are not specified,
they shall be established in accordance with Section 1612.3.1.
107.3Examination of documents.
The building official shall examine or cause to be examined the
accompanying submittal documents and shall ascertain by such examinations whether the
construction indicated and described is in accordance with the requirements of this code and
other pertinent laws or ordinances.
1071 of 1102
Exceptions:
1.Building plans approved pursuant to Section 553.77(5), Florida Statutes, and
state-approved manufactured buildings are exempt from local codes enforcing
agency plan reviews except for provisions of the code relating to erection, assembly
or construction at the site. Erection, assembly (including utility crossover
connections) and construction at the site are subject to local permitting and
inspections. Photocopies of plans approved according to FAC 9B-1.009,
F.A.C., shall be sufficient for local permit application documents of record for the
modular building portion of the permitted project.
2. Industrial construction on sites where design, construction and fire safety are
supervised by appropriate licensed design and inspection professionals and which
contain adequate in-house fire departments and rescue squads is exempt, subject to
approval by the building official, from review of plans and inspections, providing the
appropriate licensed design and inspection professionals certify that applicable
codes and standards have been met and supply appropriate approved drawings
to local building and fire-safety inspectors.
107.3.1 Approval of construction documents.
When the building official issues a permit,
the construction documents shall be noted, in writing or by stamp, as “Reviewed for Code
Compliance.” One set of construction documents so reviewed shall be retained by the
building official. The other set shall be returned to the applicant, shall be kept at the site of
work and shall be open to inspection by the building official or a duly authorized
representative.
107.3.2Previous approvals.
This code shall not require changes in the construction
documents, construction or designated occupancy of a structure for which a lawful permit
has been heretofore issued or otherwise lawfully authorized, and the construction of
which has been pursued in good faith within 180 days after the effective date of this
code and has not been abandoned.
107.3.3Phased approval.
The building official is authorized to issue a permit for the
construction of foundations or any other part of a building or structure before the
construction documents for the whole building or structure have been submitted,
provided that adequate information and detailed statements have been filed complying
with pertinent requirements of this code. The holder of such permit for the foundation or
other parts of a building or structure shall proceed at the holder’s own risk with the
building operation and without assurance that a permit for the entire structure will be
granted.
107.3.4Design professional in responsible charge.
107.3.4.1Reserved.
107.3.4.2Reserved.
107.3.4.3Certifications by contractors authorized
under the provisions of Section
489.115 Florida Statutes, shall be considered equivalent to sealed plans and
specifications by a person licensed under Chapter 471, Florida Statutes, or Chapter 481
1072 of 1102
Florida Statutes, by local enforcement agencies for plans review for permitting purposes
relating to compliance with the wind-resistance provisions of the code or alternate
methodologies approved by the Florida Building Commission for one and two-family
dwellings. Local enforcement agencies may rely upon such certification by
contractors that the plans and specifications submitted conform to the requirements of
the code for wind resistance. Upon good cause shown, local government code
enforcement agencies may accept or reject plans sealed by persons licensed under
Chapters 471,481 or 489, Florida Statutes.
107.3.5Minimum plan review criteria for buildings.
The examination of the documents
by the building official shall include the following minimum criteria and documents: a
floor plan; site plan; foundation plan; floor/roof framing plan or truss layout; all
fenestration penetrations; flashing; and rough opening dimensions; and all exterior
elevations:
107.3.5.1 Commercial Buildings:
107.3.5.1.1Building
1.Site requirements:
Parking
Fire access
Vehicle loading
Driving/turning radius
Fire hydrant/water supply/post indicator valve (PIV)
Set back/separation (assumed property lines)
Location of specific tanks, water lines and sewer lines
Flood hazard areas, flood zones, and design flood elevations
2. Occupancy group and special occupancy requirements shall be determined.
3. Minimum type of construction shall be determined (see Table 503).
4. Fire-resistant construction requirements shall include the following
components:
Fire-resistant separations
Fire-resistant protection for type of construction
Protection of openings and penetrations of rated walls
Fire blocking and draft stopping and calculated fire resistance
5. Fire suppression systems shall include:
Early warning smoke evacuation systems
Schematic fire sprinklers
Standpipes
Pre-engineered systems
Riser diagram
6.Life safety systems shall be determined and shall include the following
requirements:
Occupant load and egress capacities
1073 of 1102
Early warning
Smoke control
Stair pressurization
Systems schematic
7.Occupancy load/egress requirements shall include:
Occupancy load
Gross
Net
Means of egress
Exit access
Exit
Exit discharge
Stairs construction/geometry and protection
Doors
Emergency lighting and exit signs
Specific occupancy requirements
Construction requirements
Horizontal exits/exit passageways
8.Structural requirements shall include:
Soil conditions/analysis
Termite protection
Design loads
Wind requirements
Building envelope
Structural calculations (if required)
Foundation
Flood requirements in accordance with Section 1612, including lowest
floor elevations, enclosures, flood damage-resistant materials
Wall systems
Floor systems
Roof systems
Threshold inspection plan
Stair systems
9.Materials shall be reviewed and shall at a minimum include the following:
Wood
Steel
Aluminum
Concrete
Plastic
Glass
Masonry
Gypsum board and plaster
Insulating (mechanical)
Roofing
Insulation
10. Accessibility requirements shall include the following:
1074 of 1102
Site requirements
Accessible route
Vertical accessibility
Toilet and bathing facilities
Drinking fountains
Equipment
Special occupancy requirements
Fair housing requirements
11.Interior requirements shall include the following:
Interior finishes (flame spread/smoke development)
Light and ventilation
Sanitation
12.Special systems:
Elevators
Escalators
Lifts
107.3.5.1.2 Electrical
1. Electrical:
Wiring
Services
Feeders and branch circuits
Overcurrent protection
Grounding
Wiring methods and materials
GFCIs
2. Equipment
3. Special occupancies
4. Emergency systems
5. Communication systems
6. Low voltage
7. Load calculations
8. Design flood elevation
107.3.5.1.3 Plumbing
1.Minimum plumbing facilities
1075 of 1102
2.Fixture requirements
3.Water supply piping
4.Sanitary drainage
5.Water heaters
6.Vents
7.Roof drainage
8.Back flow prevention
9.Irrigation
10.Location of water supply line
11.Grease traps
12.Environmental requirements
13. Plumbing riser
14. Design flood elevation
107.3.5.1.4Mechanical
1.Energy Calculations
2.Exhaust systems:
Clothes dryer exhaust
Kitchen equipment exhaust
Specialty exhaust systems
3. Equipment
4. Equipment location
5. Make-up air
6. Roof-mounted equipment
7. Duct systems
8. Ventilation
9. Combustion air
1076 of 1102
10. Chimneys, fireplaces and vents
11. Appliances
12. Boilers
13. Refrigeration
14. Bathroom ventilation
15. Laboratory
16. Design flood elevation
107.3.5.1.5 Gas
1.Gas piping
2.Venting
3.Combustion air
4.Chimneys and vents
5.Appliances
6.Type of gas
7.Fireplaces
8.LP tank location
9.Riser diagram/shutoffs
10. Design flood elevation
107.3.5.1.6 Energy Calculations
107.3.5.1.7 Engineering
1. Storm water drainage system and other requirements of the Engineering
Division
107.3.5.2 Demolition
1. Asbestos removal
1077 of 1102
107.3.5.3Residential (One and Two-Family)
1.Site requirements
Set back/separation (assumed property lines)
Location of septic tanks
2.Fire-resistant construction (if required)
3.Smoke detector locations
4. Egress
Egress window size and location stairs construction requirements
5. Structural requirements shall include:
Wall section from foundation through roof, including assembly and materials
connector tables
Termite protection
Design Loads
Wind requirements
Building envelope
Structural calculations (if required)
Foundation
Wall systems
Floor systems
Roof systems
6. Accessibility requirements: show/identify accessible bath
7. Impact resistant coverings or systems
8. Flood hazard areas, flood zones, design flood elevations, lowest floor
elevations, enclosures, equipment, and flood damage-resistant materials
:
9. Electrical
Electric service riser
Wire sizes
Grounding detail
Complete load calculations
Panel schedules
Service equipment
Panel locations
10.Mechanical:
Energy calculations
Exhaust systems
Equipment specs and location
Duct systems
Ventilation
Chimneys, fireplaces and vents
Appliances
1078 of 1102
11.Plumbing:
Water supply piping
Sanitary drainage
Water heaters
Vents
Roof drainage
Back flow prevention
Location of water supply line
Environmental
:
12.Gas
Gas piping
Venting
Combustion air
Chimneys and vents
Appliances
Type of gas
Fireplaces
LP tank location
Riser diagram/shutoffs
13. Energy Calculations
14. Engineering
Storm water drainage system and other requirements of the Engineering Division.
107.3.5.4 Swimming Pools
1. Barrier requirements
2. Spas
3. Wading pools
107.3.5.5 Exemptions.
Plans examination by the building official shall not be required for the following work:
1.Replacing existing equipment such as mechanical units,
water heaters, etc.
2. Minor electrical, plumbing and mechanical repairs
3. Annual maintenance permits
4. Manufactured buildings or prototype building plans except for local site adaptations
and foundations of buildings, which are constructed on site, and modifications or
structures that require waiver.
1079 of 1102
a. Site requirements
setback/separation (assumed property lines)
location of septic tanks (if applicable)
b. Structural
wind zone
anchoring
blocking
c. Plumbing
List potable water source and meter size (if applicable)
d. Mechanical
exhaust system
clothes dryer exhaust
kitchen equipment exhaust
e. Electrical
exterior disconnect location
107.4Amended construction documents.
Work shall be installed in accordance with the
reviewed construction documents, and any changes made during construction that are not in
compliance with the reviewed construction documents shall be resubmitted for review as an
amended set of construction documents.
107.5Retention of construction documents.
One set of official construction documents shall
be retained by the building official as required by Florida Statutes.
107.6 Affidavits.
The building official may accept a sworn affidavit from a registered architect
or engineer stating that the plans submitted conform to the technical codes. For buildings and
structures, the affidavit shall state that the plans conform to the laws as to egress, type of
construction and general arrangement and, if accompanied by drawings, show the structural
design and that the plans and design conform to the requirements of the technical codes as to
strength, stresses, strains, loads and stability. The building official may without any examination
or inspection accept such affidavit, provided the architect or engineer who made such affidavit
agrees to submit to the building official copies of inspection reports as inspections are performed
and upon completion of the structure, electrical, gas, mechanical or plumbing systems a
certification that the structure, electrical, gas, mechanical or plumbing system has been erected in
accordance with the requirements of the technical codes. Where the building official relies upon
such affidavit, the architect or engineer shall assume full responsibility for compliance with all
provisions of the technical codes and other pertinent laws or ordinances. The building official
shall ensure that any person conducting plans review is qualified as a plans examiner under Part
XII of Chapter 468, Florida Statutes, and that any person conducting inspections is qualified as a
building inspector under Part XII of Chapter 468, Florida Statutes.
SECTION 108
TEMPORARY STRUCTURES AND USES
108.1General.
The building official is authorized to issue a permit for temporary structures and
temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for
more than 180 days. The building official is authorized to grant extensions for demonstrated
cause.
1080 of 1102
108.2Conformance.
Temporary structures and uses shall conform to the structural strength,
fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of
this code as necessary to ensure public health, safety and general welfare.
108.3Temporary power.
The building official is authorized to give permission to temporarily
supply and use power in part of an electric installation before such installation has been fully
completed and the final certificate of completion has been issued. The part covered by the
temporary certificate shall comply with the requirements specified for temporary lighting, heat or
power in Chapter 27 of the Florida Building Code, Building.
108.4Termination of approval.
The building official is authorized to terminate such permit for a
temporary structure or use and to order the temporary structure or use to be discontinued.
SECTION 109
FEES
109.1 Prescribed fees.
A permit shall not be issued until fees authorized under Section 553.80,
Florida Statutes, have been paid. Nor shall an amendment to a permit be released until the
additional fee, if any, due to an increase in the estimated cost of the building, structure, electrical,
plumbing, mechanical or gas systems has been paid.
109.2Schedule of permit fees.
On buildings, structures, electrical, gas, mechanical, and
plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as
required, in accordance with the schedule as established by the applicable governing authority.
109.3 Other fees.
A permit shall not be issued until all other fees associated with said permit are
paid. Other fees may include additional fees, penalty fees, water and sewer capital facility fees,
City Park & Recreation fees, Fire Department fees, City Green Building Fee, Palm Beach
County Impact fees and State of Florida fees. Water and sewer facility fees are established in
Chapter 26 of the City of Boynton Beach Code of Ordinances. The Fire Department fees are
established in Chapter 9 of the City of Boynton Beach Code of Ordinances. The City Green
Building fee is established in the City of Boynton Beach Code Land Development Regulations
Chapter 2, Article 1, Section 5. The city may elect to collect Palm Beach County Impact fees that
include fees for Roads, Public Buildings, Schools and Parks. The city collects State of Florida
surcharge fees for the Radon Trust Fund (Radon) and Building Code Administrators and
Inspectors Fund (BCAIF). When applicable, the administrative portion of the Art in Public
Places fee (30% of the total Art fee) is due prior to
permit issuance.
109.4 Building permit valuations.
If, in the opinion of the building official, the claimed
valuation of building, alteration, structure, electrical, gas, mechanical or plumbing systems
appears to be underestimated on the application, the permit shall be denied, unless the applicant
can show detailed, quantity estimates, and/or bona fide signed contracts (excluding land value) to
meet the approval of the building official. For permitting purposes, valuation of buildings and
systems shall be total replacement value to include structural, electric, plumbing, mechanical,
interior finish, relative site work, architectural and design fees, overhead and profit; excluding
only land value. Valuation references may include the latest published data of national
construction cost analysis services (Marshall-Swift, Means, etc.), as published by International
Code Congress. Final building permit valuation shall be set by the building official.
1081 of 1102
109.4.1 Exemptions.
Manufacturing Equipment:
For the purposes of calculating permit fees the cost of equipment used in the process of
manufacturing a product shall be exempt from paying permit fees for any portion of the
cost greater than $10,000 dollars if the following criteria are met:
• Equipment must have a replacement cost and/or purchase cost greater than
$10,000 dollars per each piece of equipment to be exempted.
• Equipment must be purchased directly by the owner.
• Equipment cannot not be an integral part of the building, building envelope,
building system, and/or essential to the operation of the building.
• The nature of equipment shall be that if a business was to cease to exist or
relocate the equipment would be easily removed from the building.
Note:
All, electric, piping, mounting, structural connections, attachment of auxiliary equipment
necessary to operate the manufacturing equipment will be included in permit valuation
and subject to permit fees.
109.5 Work commencing before permit issuance.
Any person who commences any work on a
building, structure, electrical, gas, mechanical or plumbing system that requires a permit before
obtaining the necessary permit(s) without prior approval from the building official shall be
subject to a penalty of four times the permit fee that is required for the work. The building
official shall have the authority to waive the penalty fee upon written appeal from the applicant.
.
109.6Related fees.
The payment of the fee for the construction, alteration, removal or
demolition for work done in connection to or concurrently with the work authorized by a
building permit shall not relieve the applicant or holder of the permit from the payment of other
fees that are prescribed by law
109.7Plan filing fee.
A plan-filing fee shall be paid at the time of filing a permit application as
required, in accordance with the schedule as established by the applicable governing authority.
The plan-filing fee is part of the permit fee and is deducted from the total amount of the permit
fee. The plan-filing fee is nonrefundable.
109.8Refunds.
All permit fees under this section are non-refundable and non-transferable
109.9Contractors
109.9.1 Contractor's responsibilities.
It shall be the duty of every contractor who shall
make contract for the installation or repairs of a building, structure, electrical, gas,
mechanical or plumbing system, for which a permit is required to comply with state,
county or local rules and regulations concerning licensing and inspections which the
applicable governing authority may have adopted.
109.9.2 Residential owner/builder exemption responsibilities.
Pursuant to provisions
of Chapter 489.103 and 489.503, Florida Statutes, an owner may make application for
permit and must provide direct on site supervision with the construction, maintenance,
1082 of 1102
OWN USE AND
alterations, or repairs of a one or two-family residence for his/her
OCCUPANCY
and not intended for sale. The construction of more than one residence
by an individual owner in any 365 day period shall be construed as contracting and, such
owner shall then be required to be licensed as a contractor.
109.9.3Non-residential owner/builder exemption responsibilities.
An owner of any
building may make application for a building permit for work in a building that is for
OWN USE AND OCCUPANCY,
his/her and wherein the work does not exceed a
maximum of $25,000 within any 365 day period.
SECTION 110
INSPECTIONS
110.1General. Construction or work for which a permit is required
shall be subject to
inspection by the building official and such construction or work shall remain accessible and
exposed for inspection purposes until approved. Approval as a result of an inspection shall not be
construed to be an approval of a violation of the provisions of this code or of other ordinances of the
jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this
code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit
applicant to cause the work to remain accessible and exposed for inspection purposes. Neither
the building official nor the jurisdiction shall be liable for expense entailed in the removal or
replacement of any material required to allow inspection.
110.1.1 Manufacturers and fabricators.
When deemed necessary by the building
official, he/she shall make, or cause to be made, an inspection of materials or assemblies
at the point of manufacture or fabrication. A record shall be made of every such
examination and inspection and of all violations of the technical codes.
110.2Preliminary inspection.
Subject to the limitations of F.S. Chapter 553, before issuing a
permit, the building official is authorized to examine or cause to be examined buildings, structures
and sites for which an application has been filed.
110.2.1 Existing building inspections.
Before issuing a permit, the building official
may examine or cause to be examined any building, electrical, gas, mechanical, or
plumbing systems for which an application has been received for a permit to enlarge,
alter, repair, move, demolish, install, or change the occupancy. He/she may inspect the
buildings, structures, electrical, gas, mechanical and plumbing systems, from time to
time, before,
during and upon completion of the work for which a permit was issued. He/she shall
make a record of every such examination and inspection and of all observed violations of
the technical codes. Additional regulations in Florida Building Code, Existing Building
may apply.
110.3Required inspections.
The building official upon notification from the permit holder or
his or her agent, shall make the following inspections, and such other inspections as
deemed necessary, and shall either release that portion of the construction or shall notify the
permit holder or his or her agent of any violations which must be corrected in order to
comply with the technical codes. The building official shall determine the timing and
sequencing of when inspections occur and what elements are inspected at each
1083 of 1102
inspection. A complete survey, or special purpose survey may be required before an inspection
is approved.
A. Building
1.Foundation inspection. To be made after trenches are excavated and forms erected
and required reinforcing steel is in place and, shall at a minimum include the
following building components:
Stem-wall
Monolithic slab-on-grade
Pilings and pile caps
Footings/grade beams
1.1 Slab/Floor Inspection: Concrete slab and under-floor inspections shall be
made after in-slab or under-floor reinforcing steel or framing members
installed and all building service equipment, conduit, piping accessories
and other ancillary equipment items are in place, but before any concrete
is placed or floor sheathing installed, including the subfloor.
A foundation/Form board survey prepared and certified by a registered
surveyor may be required, prior to approval of the slab inspection. The
survey shall certify placement of the building on the site, illustrate all
surrounding setback dimensions and shall be available at the job site for
review by the building inspector.
2. Construction Inspections
2.1 Lintel/tie beams/columns/masonry units. To be made after masonry
units, forms, reinforcing steel, shoring, conduit, piping accessories,
and other ancillary equipment items are in place, but before any concrete
is placed.
2.2 Sheathing inspection. To be made either as part of a dry-in inspection or
done separately at the request of the contractor after all roof and wall
sheathing and fasteners are complete and shall at a minimum include the
following building components:
Roof sheathing
Wall sheathing
Floor sheathing
Sheathing fasteners
Roof/wall dry-in.
Gypsum board, as required
Sheathing/cladding inspection
NOTE: Sheathing fasteners installed and found to be missing the
structural member (shiners) shall be removed prior to installation of
the dry-in material.
2.3 Framing inspection. To be made after the roof deck or sheathing, all framing,
fire blocking and bracing is in place, all concealed wiring, all pipes,
chimneys, ducts and vents are complete and shall at a minimum include
the following building components:
Window/door framing and installation. Verify rough opening dimensions are
within tolerances, buck and attachments
Lintel/tie beams complete, if applicable.
1084 of 1102
Framing/trusses/bracing/connectors (including truss layout drawings)
Draft stopping/fire blocking
Curtain wall framing
Fire resistant assemblies, joints and penetrations, as required
Accessibility.
3. Roofing inspection. Shall at a minimum include the following building components:
Dry-in
Insulation
Roof coverings (including in-progress)
Flashing
4. Energy insulation, thermal and ignition barriers
5. Lath/Drywall. Lath and gypsum board inspections shall be made after lathing and
gypsum board, interior and exterior, is in place, but before any plastering is
applied or gypsum board joints and fasteners are taped and finished.
6. Final inspection. To be made after the building is completed and ready for
occupancy.
.
6.1Elevation certificate. As part of the final inspection, an elevation certificate
shall be submitted to the authority having jurisdiction.
7.Swimming pool inspection.
First inspection to be made after excavation and installation of reinforcing
steel, bonding and main drain, and prior to placing of concrete shell.
Underground electric inspection
Underground piping inspection including a pressure test
Deck inspection: to be made prior to installation of the deck material (with
forms, deck drains, and any reinforcement in placed.
Final electric inspection to be made prior to filling the swimming pool with
water.
Final permanent barrier inspection is to be made prior to filling the swimming
pool with water.
In order to pass final inspection and receive a certificate of completion, a
residential swimming pool must meet the requirements relating to pool safety
features as described in Section 424.2.17.
Final inspection to be made when the swimming pool is complete and all
required enclosure requirements are in place.
8.Demolition inspections.
Final inspection to be made after all demolition work is completed.
9. Manufactured building inspections. The building department shall inspect
construction of foundations; connecting buildings to foundations; installation of parts
identified on plans as site installed items, joining the modules, including utility
crossovers; utility connections from the building to utility lines on site; and any
other work done on site which requires compliance with the Florida Building
Code. Additional inspections may be
1085 of 1102
required for public educational facilities (See Section 423.27.20).
10. Where impact-resistant coverings or impact resistant systems are installed to meet
requirements of this code, the building official shall schedule adequate inspections
of impact-resistant coverings or impact resistant systems to determine the
following:
The system indicated on the plans was installed.
The system is installed in accordance with the manufacturer’s installation
instructions and the product approval.
B. Electrical
1.Underground inspection (including bonding and ground). To be made after trenches
or ditches are excavated, conduit or cable is installed, and before any backfill is put
in place.
2.Rough-in inspection. To be made after the building is dried-in, framing, fire-blocking
and bracing is in place, and prior to the installation of insulation (if applicable), or
wall or ceiling membranes.
3. Low Voltage: To be made for security, alarm, elevator, and special uses.
4. Final inspection. To be made after the building is complete, all required electrical
fixtures are in place and properly connected or protected, and the structure is ready
for occupancy.
C. Plumbing
1.Underground inspection. To be made after trenches or ditches are excavated, piping
is installed, and before any backfill is put in place.
2.Rough-in inspection. To be made after the roof, framing, fireblocking and bracing
is in place and all soil, waste and vent piping is complete, and prior to the is
installation of insulation (if applicable), or wall or ceiling membranes.
3.Final inspection. To be made after the building is complete, all plumbing fixtures are
in place and properly connected, and the structure is ready for occupancy.
Note: See Section 312 of the Florida Building Code, Plumbing for required tests.
D. Mechanical
1.Underground inspection. To be made after trenches or ditches are excavated,
underground duct and fuel piping is installed, and before any backfill is put in
place.
2.Rough-in inspection. To be made after the building is dried-in, framing, fire blocking
and bracing are in place and all ducting, and other concealed components are
1086 of 1102
complete, and prior to the installation of insulation (if applicable), or wall or
ceiling membranes.
3.Final inspection. To be made after the building is complete, the mechanical system
is in place and properly connected, and the structure is ready for occupancy.
E. Gas
1.Rough piping inspection. To be made after all new piping authorized by the
permit has been installed, and before any such piping has been covered or
concealed or any fixtures or gas appliances have been connected.
2.Final piping inspection. To be made after all piping authorized by the permit has
been installed and after all portions which are to be concealed by plastering or
otherwise have been so concealed, and before any fixtures or gas
appliances have been connected. This inspection shall include a pressure test.
3.Final inspection. To be made on all new gas work authorized by the permit and
such portions of existing systems as may be affected by new work or
any changes, to ensure compliance with all the requirements of this code and
to assure that the installation and construction of the gas system is in
accordance with reviewed plans.
F. Site Debris
1. The contractor and/or owner of any active or inactive construction project shall be
responsible for the clean-up and removal of all construction debris or any other
miscellaneous discarded articles prior to receiving final inspection approval.
Construction job sites must be kept clean.
2. All debris shall be kept in such a manner as to prevent it from being spread by any
means.
110.3.1Footing and foundation inspection. Reserved.
110.3.2Concrete slab and under-floor inspection.Reserved.
110.3.3Reinforcing steel and structural frames.
Reinforcing steel or structural frame
work of any part of any building or structure shall not be covered or concealed without
first obtaining a release from the building official. Certification that field welding and
structural bolted connections meet designrequirements shall be submitted to the building
official, upon request.
110.3.4Termites.
Building components and building surroundings required to be
protected from termite damage in accordance with Section 1503.6, Section 2304.13
or Section 2304.11.6, specifically required to be inspected for termites in
accordance with Section 2114, or required to have chemical soil treatment in
accordance with Section 1816 shall not be covered or concealed until the release from
the building official has been received. (Also refer to Sections 105.10 and 105.11)
1087 of 1102
110.3.5Shoring.
For threshold buildings, shoring and associated formwork or falsework
shall be designed and inspected by a Florida licensed professional engineer, employed by
the permit holder or subcontractor, prior to any required mandatory inspections by the
threshold building inspector.
110.3.6Fire- and smoke-resistant penetrations.
Protection of joints and penetrations in
fire-resistance-rated assemblies, smoke barriers and smoke partitions shall not be
concealed from view until inspected and approved.
110.3.7Threshold building.
110.3.7.1The enforcing agency shall require a special inspector
to perform structural
inspections on a threshold building pursuant to a structural inspection plan prepared by
the engineer or architect of record. The structural inspection plan must be submitted
to the enforcing agency prior to the issuance of a building permit for the construction
of a threshold building. The purpose of the structural inspection plans is to provide
specific inspection procedures and schedules so that the building can be adequately
inspected for compliance with the permitted documents. The special inspector may not
serve as a surrogate in carrying out the responsibilities of the building official, the
architect or the engineer of record. The contractor’s contractual or statutory
obligations are not relieved by any action of the special inspector.
110.3.7.2The special inspector shall determine
that a professional engineer who
specializes in shoring design has inspected the shoring and reshoring for conformance
with the shoring and reshoring plans submitted to the enforcing agency. A fee simple
title owner of a building, which does not meet the minimum size, height, occupancy,
occupancy classification or number-of-stories criteria which would result in
classification as a threshold building under s. 553 .71, may designate such building as
a threshold building, subject to more than the minimum number of inspections required
by the Florida Building Code.
110.3.7.3The fee owner of a threshold building
shall select and pay all costs
of employing a special inspector, but the special inspector shall be responsible to the
enforcement agency. The inspector shall be a person certified, licensed or registered
under Chapter 471, Florida Statutes, as an engineer or under Chapter 481,
Florida Statutes, as an architect.
110.3.7.4Each enforcement agency shall require
that, on every threshold building:
110.3.7.4.1The special inspector, upon completion of the building
and prior to
the issuance of a certificate of occupancy, file a signed and sealed statement with
the enforcement agency in substantially the following form: “To the best of my
knowledge and belief, the above described construction of all structural load-
bearing components complies with the permitted documents, and the shoring and
reshoring conforms to the shoring and reshoring plans submitted to the
enforcement agency.”
110.3.7.4.2 Any proposal to install an alternate structural product or system
to which building codes apply shall be submitted to the enforcement agency for
1088 of 1102
review for compliance with the codes and made part of the enforcement agency’s
recorded set of permit documents.
110.3.7.4.3All shoring and reshoring procedures
, plans and details shall
be submitted to the enforcement agency for recordkeeping. Each shoring and
reshoring installation shall be supervised, inspected and certified to be in compliance
with the shoring documents by the contractor.
110.3.7.4.4All plans for the building which are required to be signed and
sealed
by the architect or engineer of record contain a statement that, to the best of
the architect’s or engineer’s knowledge, the plans and specifications comply with
the applicable minimum building codes and the applicable fire-safety standards as
determined by the local authority in accordance with this section and Chapter 633,
Florida Statutes.
110.3.7.5No enforcing agency may issue a building permit for construction of
any threshold building except to a licensed general contractor
, as defined in
Section 489.105(3)(a), Florida Statutes, or to a licensed building contractor, as defined in
Section 489. 105(3)(b), Florida Statutes, within the scope of her or his license. The
named contractor to whom the building permit is issued shall have the responsibility
for supervision, direction, management and control of the construction activities on the
project for which the building permit was issued.
110.3.7.6The building department may allow a special inspector
to conduct the
minimum structural inspection of threshold buildings required by this code, Section
553.73, Florida Statutes, without duplicative inspection by the building department.
The building official is responsible for ensuring that any person conducting
inspections is qualified as a building inspector under Part XII of Chapter 468, Florida
Statutes, or certified as a special inspector under Chapter 471 or 481, Florida Statutes.
Inspections of threshold buildings required by Section 553.79(5), Florida Statutes, are
in addition to the minimum inspections required by this code.
110.3.8Reserved.
110.3.9Other inspections services.
The building official may make, or cause to be made
by others, the inspections required by Section 109. He/she may accept reports of
inspectors of recognized inspection services, provided that after investigation he/she is
satisfied as to their qualifications and reliability. A certificate called for by any provision
of the technical codes shall not be based on such reports unless the same are in writing
and certified by a responsible officer of such service. The building official may require
the owner to employ an inspection service in the following instances:
1.For buildings or additions of Type I construction
2.For all major structural alterations
3.Where the concrete design is based on compressive strength (f ’c) in excess of
3000 pounds per square inch
4.For pile driving
1089 of 1102
5.For buildings with area greater than 20,000 square foot
6.For buildings more than 2 stories in height
7.For buildings and structures of unusual design or methods of construction
Such inspectors shall be adequatelypresent at times work is underway on the structural
.
elements of thebuilding Such inspectors shall be a registered architect, or engineer, or a
person licensed under Chapter 468, Part XII, Florida Statutes. Such inspectors shall
submit weekly progress reports including the daily inspections to the building official,
and including a code compliance opinion of the Resident Inspector.
At the completion of the construction work or project, such inspectors shall
submit a certificate of compliance to the building official, stating that the work was
done in compliance with this code and in accordance with the permitted drawing.
Final inspection shall be made by the building official before a Certificate of
Occupancy or Certificate of Completion is issued; and confirmation inspections
may be made at any time to monitor activities and resident inspectors.
110.3.9.1Affidavit for Inspection.
With specific prior approval of, and in a format
acceptable to the building official, an affidavit for certification of inspection may be
accepted from the permit qualifier; when accompanied by extensive photographic
evidence of sufficient detail to demonstrate code compliance. The photographic
evidence shall be comprehensive in the display of the installation and/or construction
and job location identifiers. The affidavit and accompanying photographs shall be
provided to the inspector onsite, at the next scheduled inspection. If the photographs
are found to be insufficient by the building official to demonstrate compliance with
this code and/or the permitted document, or clearly display location identifiers, or
are missing, the inspector shall require the contractor to obtain the services of a
Registered Florida Professional Engineer to inspect and certify the installation and/or
construction.
110.3.10Inspections prior to issuance of Certificate of Occupancy or Completion.
The building official shall inspect or cause to be inspected, at various intervals, all
construction or work for which a permit is required, and a final inspection shall be made
of every building, structure, electrical, gas, mechanical or plumbing system upon
completion, prior to the issuance of the Certificate of Occupancy or Certificate of
Completion. In performing inspections, the building official shall give first priority to
inspections of the construction, addition, or renovation to, any facilities owned or
controlled by a state university, state community college or public school district.
110.4Inspection agencies.
The building official is authorized to accept reports of approved
inspection agencies, provided such agencies satisfy the requirements as to qualifications and
reliability
110.5Inspection requests.
It shall be the duty of the holder of the building permit or their duly
authorized agent to notify the building official when work is ready for inspection. It shall be the
duty of the permit holder to provide access to and means for inspections of such work that are
required by this code.
1090 of 1102
110.6Approval required.
Work shall not be done beyond the point indicated in each successive
inspection without first obtaining the approval of the building inspector. The building official,
upon notification, shall make the requested inspections and shall either indicate the portion of
the construction that is satisfactory as completed, or notify the permit holder or his or her agent
wherein the same fails to comply with this code. Any portions that do not comply shall be
corrected and such portion shall not be covered or concealed until authorized by the building
official.
110.7 Impact of construction.
All construction activity regulated by this code shall be
performed in a manner so as not to adversely impact the condition of adjacent property, unless
such activity is permitted to affect said property pursuant to a consent granted by the applicable
property owner, under terms or conditions agreeable to the applicable property owner. This
includes, but is not limited to, the control of dust, noise, water or drainage run-offs, debris, and
the storage of construction materials. New construction activity shall not adversely impact legal
historic surface water drainage flows serving adjacent properties, and may require special
drainage design complying with engineering standards to preserve the positive drainage patterns
of the affected sites. Accordingly, developers, contractors and owners of all new residential
development, including additions, patios, driveways, decks or similar items, on existing
properties resulting in a significant decrease in excess of 800 square feet of permeable land area
r
on any parcel ohas altered the drainage flow on the developed property shall, as a permit
condition, provide a professionally prepared drainage plan clearly indicating compliance with
this paragraph. Upon completion of the improvement, a certification from a licensed engineer
shall be submitted to the inspector in order to receive approval of the final inspection.
SECTION 111
CERTIFICATES OF OCCUPANCY AND
COMPLETION
111.1 Use and Occupancy.
No building or structure shall be used or occupied, and no change
in the existing occupancy classification of a building or structure or portion thereof shall be
made, until the building official has issued a Certificate of Occupancy therefore as provided
herein. Issuance of a Certificate of Occupancy shall not be construed as an approval of a violation of
the provisions of this code or of other ordinances of the jurisdiction. Said certificate shall not be
issued until all required electrical, gas, mechanical, plumbing and fire protection systems have
been inspected for compliance with the technical codes and other applicable laws and ordinances
and released by the building official. Certain fees, including the balance of the Arts in Public
Places fee when applicable, are due prior to the issuance of a certificate of occupancy.
Exception:
Certificates of occupancy are not required for work exempt from permits under
Section 105.2.
111.2Certificate issued.
After the building official inspects the building or structure and finds no
violations of the provisions of this code or other laws that are enforced by the building division
or other agency whose approval is inherent in the building permitting process, the building
official shall issue a Certificate of Occupancy that contains the following:
1. The building permit number.
1091 of 1102
2. The address of the structure.
3. The name and address of the owner.
4. A description of that portion of the structure for which the certificate is issued.
5. A statement that the described portion of the structure has been inspected for compliance
with the requirements of this code for the occupancy and division of occupancy and the
use for which the proposed occupancy is classified.
6. For buildings and structures in flood hazard areas, a statement that documentation of the
as-built lowest floor elevation has been provided and is retained in the records of the
building division.
7. The name of the building official.
8. The edition of the code under which the permit was issued.
9. The use and occupancy, in accordance with the provisions of Chapter 3.
10. The type of construction as defined in Chapter 6.
11. The design occupant load.
12. If an automatic sprinkler system is provided, whether the sprinkler system is required.
13. Any special stipulations and conditions of the building permit.
111.3Temporary/partial occupancy.
A 30-day temporary/partial Certificate of Occupancy or
Certificate of Completion may be issued for a portion or portions of a building that may safely be
occupied prior to final completion of the building. The building official may require, once all life
safety issues have been complied with, an applicant to provide adequate cash surety for
unfinished work or revision of plans until a permanent Certificate of Occupancy or Certificate of
Completion is granted. The purpose of the cash surety is to insure completion of work under this
permit. Such cash surety shall be equal to one hundred ten percent (110%) of the estimated value
of the remaining work, including labor and material, as determined by the design professional.
The design professional shall submit a signed and sealed document attesting to the amount
required to cover the cash surety. If work has not been completed and all finals requested within
90 days of issuance of the initial Temporary/Partial Certificate of Occupancy or Certificate of
Completion, the jurisdiction retains the right to have the applicant surrender the cash surety. The
jurisdiction then may use the surety to finish the remaining work. The surety shall be in the form
of cash money, certified check, or cashiers check. Surety shall be returned upon approval of all
final inspections and upon written request that has been approved by the building official. This
provision is only for the Florida Building Code, all other Agency approvals necessary for
construction must be secured prior to this provision being applied.
111.4Certificate of Completion.
Upon satisfactory completion of a building, structure,
electrical, gas, mechanical or plumbing system, a Certificate of Completion may be issued. This
certificate is proof that a structure or system is complete and for certain types of permits is
released for use and may be connected to a utility system. This certificate does not grant
1092 of 1102
authority to occupy or connect a building, such as a shell building, prior to the issuance of a
Certificate of Occupancy.
111.5 Revocation.
The building official is authorized to, in writing, suspend or revoke a
Certificate of Occupancy or Completion issued under the provisions of this code wherever
the certificate is issued in error, or on the basis of incorrect information supplied, or where it is
determined that the building or structure or portion thereof is in violation of any ordinance or
regulation or any of the provisions of this code.
SECTION 112
SERVICE UTILITIES
112.1Connection of service utilities.
No person shall make connections from a utility, source of
energy, fuel or power to any building or system that is regulated by this code for which a permit is
required, until released by the building official and a Certificate of Occupancy or Completion
is issued. The servicing utility company shall not connect the power supply until notified by the
building official.
112.2Temporary connection.
The building official shall have the authority to authorize the
temporary connection of the building or system to the utility source of energy, fuel or power for the
purpose of testing building service systems or for use under a temporary Certificate of
Occupancy.
112.3Authority to disconnect service utilities.
The building official shall have the authority to
authorize disconnection of utility service to the building, structure or system regulated by this
code and the referenced codes and standards set forth in Section 101.4 in case of emergency
where necessary to eliminate an immediate hazard to life, or property, or unsafe condition, or
when such utility connection has been made without the approval required by Section 112.1 or
112.2. The building official shall notify the serving utility, and whenever possible the owner and
occupant of the building, structure, or service system of the decision to disconnect prior to
taking such action. If not notified prior to disconnecting, the owner or occupant of the building,
structure, or service system shall be notified in writing, as soon as practical thereafter.
SECTION 113
BUILDING BOARD OF ADJUSTMENT AND APPEALS
113.1 Appointment.
There is hereby established a board to be called the Building Board of
Adjustment and Appeals, which shall consist of seven members and two alternates. The
applicable governing body shall appoint the Board.
113.2 Membership and Terms
113.2.1 Membership.
The Building Board of Adjustment and Appeals shall consist of
seven members. Such board members shall be composed of individuals with knowledge
,
and experience in the technical codes to includeto the greatest extent possible,an
architect, engineer, general contractor, electrical contractor, HVAC contractor, plumbing
contractor, and any other contractor licensed category. In addition to the regular
members, there should be two alternate members, one member with the qualifications
1093 of 1102
referenced above and one member at large from the public. A board member shall not
act in a case in which he has a personal or financial interest.
113.2.2 Terms.
The terms of office of the board members shall be staggered so no more
than one-third of the board is appointed or replaced in any 12-month period. The two
alternates, if appointed, shall serve one-year terms. Vacancies shall be filled for an
unexpired term in the manner in which original appointments are required to be made.
Three absences of any member from required meetings of the board shall in a 12 month
period, at the discretion of the applicable governing body, render any such member
subject to immediate removal from office.
113.2.3 Quorum and voting.
A simple majority of the board shall constitute a quorum.
In varying any provision of this code, the affirmative votes of the majority present, but
not less than three affirmative votes, shall be required. In modifying a decision of the
building official, not less than four affirmative votes, but not less than a majority of the
board, shall be required. In the event that regular members are unable to attend a meeting,
the alternate members, if appointed, shall vote.
113.2.4 Secretary of board.
The building official or his/her authorized representative
shall act as secretary of the board and shall make a detailed record of all of its
proceedings, which shall set forth the reasons for its decision, the vote of each member,
the absence of a member, and any failure of a member to vote.
113.3 Powers.
The Building Board of Adjustments and Appeals shall have the power, as further
defined in 116.4, to hear appeals of decisions and interpretations of the building official and
consider variances of the technical codes.
113.4 Appeals
113.4.1 Decision of the building official.
The owner of a building, structure or service
system, or duly authorized agent, may appeal a decision of the building official to the
Building Board of Adjustment and Appeals whenever any one of the following
conditions are claimed to exist:
1.The building official rejected or refused to approve the mode or manner of
construction proposed to be followed or materials to be used in the installation or
alteration of a building, structure or service system.
2.The provisions of this code do not apply to this specific case.
3.That an equally good or more desirable form of installation can be employed in any
specific case, which the building official has rejected or refused.
4.The true intent and meaning of this code or any of the regulations hereunder have
been misconstrued or incorrectly interpreted.
113.4.2Variances.
The Building Board of Adjustments and Appeals, when upon written
request, has been so appealed to and after a hearing, may vary the application of any
provision of this code to any particular case when, in its opinion, the enforcement thereof
1094 of 1102
would do manifest injustice and would be contrary to the spirit and purpose of this or the
technical codes or public interest, and also finds all of the following:
1. That special conditions and circumstances exist which are peculiar to the building,
structure or service system involved and which are not applicable to others.
2. That the special conditions and circumstances do not result from the action or inaction
of the applicant.
3. That granting the variance requested will not confer on the applicant any special
privilege that is denied by this code to other buildings, structures or service system.
4. That the variance granted is the minimum variance that will make possible the
reasonable use of the building, structure or service system.
5. That the grant of the variance will be in harmony with the general intent and purpose
of this code and will not be detrimental to the public health, safety and general welfare.
113.4.2.1Conditions of the variance.
In granting the variance, the board may
prescribe a reasonable time limit within which the action for which the variance is
required shall be commenced or completed or both. In addition, the board may
prescribe appropriate conditions and safeguards in conformity with this code.
Violation of the conditions of a variance shall be deemed a violation of this code.
113.4.3Notice of appeal.
Notice of appeal shall be in writing and filed within 30
calendar days after the building official renders the decision. Appeals shall be in a form
acceptable to the building official.
113.4.4Unsafe or dangerous buildings or service systems.
In the case of a building,
structure or service system, which in the opinion of the building official, is unsafe,
unsanitary or dangerous, the building official may, in the order, limit the time for such
appeals to a shorter period.
113.5 Procedures of the board.
113.5.1Rules and regulations.
The board shall establish rules and regulations for its
own procedure not inconsistent with the provisions of this code. The board shall meet on
call of the chairman. The board shall meet within 30 calendar days after notice of appeal
has been received.
113.5.1.1Rules of Evidence.
Formal rules of evidence shall not apply, but
fundamental due process should be observed and govern the proceedings. Upon
determination by the Chairperson, irrelevant, immaterial, or unduly repetitious
evidence may be excluded, but all other evidence of a type commonly relied upon by
reasonable, prudent persons in the conduct of their affairs shall be admissible,
whether or not such evidence would be admissible in a trial in the courts of Florida.
Any part of the evidence may be received in written form. The Board may request
certain evidence be provided by an architect or engineer registered in the State of
Florida, in which case said evidence shall be signed, sealed, and dated.
1095 of 1102
113.5.1.2 Testimony.
Any member of the Board or the attorney representing the
Board may inquire of, or question, any witness before the Board. Any member of the
Board, the petitioner or his/her attorney, and/or the building official shall be permitted
to inquire of any witness before the Board. The Board may consider testimony
presented by the building official, the petitioner, or any other witness.
113.5.2 Decisions.
The Building Board of Adjustment and Appeals shall, in every case,
reach a decision without unreasonable or unnecessary delay. Each decision of the board
shall also include the reasons for the decision. If a decision of the board reverses or
modifies a refusal, order, or disallowance of the building official or varies the application
of any provision of this code, the building official shall immediately take action in
accordance with such decision. Every decision shall be promptly filed in writing in the
office of the building official and shall be open to public inspection. A certified copy of
the decision shall be sent by mail or otherwise to the appellant and a copy shall be kept
publicly posted in the office of the building official for two weeks after filing. Every
decision of the board shall be final; subject however to such remedy as any aggrieved
party might have at law or in equity.
SECTION 114
VIOLATIONS
Any person, firm, corporation or agent who shall violate a provision of this code, or fail to
comply therewith, or with any of the requirements thereof, or who shall erect, construct, alter,
install, demolish or move any structure, electrical, gas, mechanical or plumbing system, or has
erected, constructed, altered, repaired, moved or demolished a building, structure, electrical, gas,
mechanical or plumbing system, without full compliance with applicable codes, laws,
ordinances, rules and regulations, shall be guilty of a misdemeanor. Each such person shall be
considered guilty of a separate offense for each and every day or portion thereof during which
any violation of any of the provisions of applicable codes, laws, ordinances, rules and regulations
is committed or continued, and upon conviction of any such violation such person shall be
punished within the limits and as provided by state laws. Nothing in this section shall prevent the
authority having jurisdiction from imposing fines, liens, or seek injunction relief, or exercising
other enforcement powers as permitted by law. Code enforcement and penalties of 162 Florida
Statutes Part I shall be authorized if building work begins without payment of all required fees,
and for thepurposes of enforcing this code, code officials licensed under Florida Statute 468
Part XII are deemed “Code Inspectors”, as defined in Florida Statute 162.04.
SECTION 115
STOP WORK ORDER
115.1Stop work orders.
Upon notice from the building official, work on any building,
structure, electrical, gas, mechanical or plumbing system that is being done contrary to the
provisions of this code or in a dangerous or unsafe manner, shall immediately cease.
115.2Issuance.
The stop work order shall be in writing and shall be given to the owner of the
property involved, or to the owner’s agent, or to the person doing the work. Upon issuance of a stop
work order, the cited work shall immediately cease. The stop work order shall state the reason for
the order, and the conditions under which the cited work will be permitted to resume. Where an
1096 of 1102
emergency exists, the building official shall not be required to give a written notice prior to
stopping the work.
115.3Unlawful continuance.
Any person who shall continue any work after having been served
with a stop work order, except such work as that person is directed to perform to remove a
violation or unsafe condition, shall be subject to penalties as prescribed by law.
SECTION 116
UNSAFE STRUCTURES AND EQUIPMENT
116.1Unsafe buildings or systems.
All buildings, structures, electrical, gas, mechanical or
plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which
constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing
use, constitute a hazard to safety or health, are considered unsafe buildings or service systems.
All such unsafe buildings, structures or service systems are hereby declared illegal and shall be
ordered by the building official to be abated by the owner, through repair and rehabilitation or by
demolition in accordance with the this Code. The extent of repairs shall be determined by the
building official. When the building official determines that an unsafe building, structure, or
service system cannot be reasonably repaired in accordance with this or the technical codes, it
shall be demolished in accordance with this section.
116.1.1 When the building official determines
a building, structure, electrical, gas,
mechanical or plumbing system or portion thereof is unsafe, as set forth in this Code
he/she shall provide the owner, agent or person in control of such building, structure,
electrical, gas, mechanical or plumbing system a written notice of violation stating the
defects thereof. This notice shall require the owner within a stated time either to complete
specified repairs or improvements, or to demolish and remove the building, structure,
electrical, gas, mechanical or plumbing system or portion thereof.
116.1.2If necessary, the notice shall also require
the building, structure, electrical, gas,
mechanical, plumbing systems or portion thereof to be vacated and/or disconnected, and
not reoccupied and/or reconnected until the specified repairs and improvements are
completed, inspected and approved by the building official. The building official shall
post at each entrance to the building a placard stating: THIS BUILDING IS UNSAFE
AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING
OFFICIAL. This placard shall remain posted until the required repairs are made or
demolition is completed. It shall be unlawful for any person, firm or corporation or its
officers, agents, or other servants, to remove the posting without written permission of
the building official, or for any person to enter the building, or use the building or
system(s) except for the purpose of making the required repairs or of demolishing same.
116.1.3In case the owner, agent, or person in control cannot be found
within the
stated time limit, or, if such owner, agent, or person in control shall fail, neglect, or refuse
to comply with notice to repair, rehabilitate, or to demolish, and remove said building,
structure, electrical, gas, mechanical or plumbing system or portion thereof, the building
official, after having ascertained the cost may take action to cause such building,
structure, electrical, gas, mechanical or plumbing system or portion thereof, to be
demolished, secured, repaired, or required to remain vacant or unused. Taking such
action does not create a continuing obligation on the part of the building official to
1097 of 1102
continue with maintaining such building, structure, or system; or create liability for any
damage to the property.
116.1.4The decision of the building official shall be final
in cases of emergency,
which, in the opinion of the building official, involve imminent danger to human life or
health, or the property of others. He/she shall promptly cause such building, structure,
electrical, gas, mechanical or plumbing system or portion thereof to be made safe or
cause its removal. For this purpose he/she may at once enter such structure or land on
which it stands, or abutting land or structures, with such assistance and at such cost as he
may deem necessary. He/she may order the vacating of adjacent structures and may
require the protection of the public by appropriate fence or such other means as may be
necessary, and for this purpose may close a public or private way.
116.2 Reserved.
116.3 Administrative fines; costs to repair; liens.
Costs incurred under 116.1.3 and 116.1.4
shall be charged to the owner of the premises involved. If charges are not paid within a ten (10)
mailing of
day period following the billing notification sent by certified mail, the owner of the
premises will be charged in the following manner:
1. The building official shall assess the entire cost of such vacation, demolition, securing,
or removal against the real property upon which such cost was incurred, which
assessment shall include but not be limited to all administrative costs, postal expenses,
and shall constitute a lien upon such property superior to all others except taxes.
2. The Clerk of the Circuit Court shall file such lien in the County's Official Record Book
showing the nature of such lien, the amount thereof and an accurate legal description of
the property, including the street address, which lien shall be effective from the date of
filing and recite the names of all persons notified and interested persons. After three (3)
months from the filing of any such lien which remains unpaid, the governing body may
foreclose the lien in the same manner as mortgage liens are foreclosed. Such lien shall
bear interest from date of abatement of nuisance at the rate of ten (10) percent per annum
and shall be enforceable if unsatisfied as other liens may be enforced by the governing
agency.
116.4 Appeal.
The owner, agent, or person in control of an unsafe structure or system shall have
the right to appeal the decision of the building official, as provided hereinafter, and to appear
before the Building Board of Adjustments and Appeals at a specified time and place to show
cause why they should not comply with said notice.
SECTION 117
TESTS
The building official may require tests or test reports as proof of compliance. Required
tests are to be made at the expense of the owner, or agent, by an approved testing
laboratory or other approved agency.
SECTION 118
WIND LOADS
(Section 1609, Florida Building Code)
1098 of 1102
The basic wind speed in miles per hour, for development of wind loads, shall be determined from
figure 1609, said Basic Wind Speed for Boynton Beach as depicted on map Figure 1609A,
Figure 1609B, and Figure 1609C is hereby added to this code.
SECTION 119
SEVERABILITY
If any section, subsection, sentence, clause or phrase of this code is for any reason held to be
unconstitutional, such decision shall not affect the validity of the remaining portions of this code.
1099 of 1102
14. A
FUTURE AGENDA ITEMS
October 15, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 15, 2013
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Consideration of providing the Boynton Beach
EQUESTED CTION BY ITY OMMISSION
Community Redevelopment Agency Board the authority to act as a review and recommendation
body for major site plan applications for projects located within the CRA District boundaries. -
11/5/13
ER:
The Boynton Beach Community Redevelopment Agency (CRA)
XPLANATION OF EQUEST
Board is seeking approval to become a review and recommendation body for projects requiring
major site plan approval on properties that are located within the CRA district boundaries.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
1100 of 1102
14. B
FUTURE AGENDA ITEMS
October 15, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 15, 2013
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approving an Ordinance amending the General
EQUESTED CTION BY ITY OMMISSION
Employees Pension Plan to include amendments that were made during the last legislative
session to the Florida Statutes effecting pension plans - 11/5/13
ER:
XPLANATION OF EQUEST
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
1101 of 1102
14. C
FUTURE AGENDA ITEMS
October 15, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 15, 2013
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Discussion of parking fee collection and
EQUESTED CTION BY ITY OMMISSION
maintenance at Oceanfront Park. - 11/5/13
ER:
At the September 3, 2013 Commission Meeting, there was
XPLANATION OF EQUEST
discussion regarding how Oceanfront Park is maintained, and about the schedule
during which parking fees are collected. As such, staff was requested to provide
information regarding these items so that alternative options could be considered.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
1102 of 1102