Agenda 05-01-12 Searchable
Boynton Beach
Boynton Beach
The City of
100 E. Boynton Beach Boulevard ● (561) 742-6000
TUESDAY, MAY 1, 2012
6:30 PM
FINAL AGENDA
City Commission
AGENDA
Woodrow L. Hay
Mayor – At Large
Mack McCray
Vice Mayor – District II
William Orlove
Commissioner – District I
Steven Holzman
Commissioner – District III
Marlene Ross
Commissioner – District IV
Lori LaVerriere
Interim City Manager
James Cherof
City Attorney
Janet M. Prainito
City Clerk
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WELCOME
Thank you for attending the City Commission Meeting
GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which determines the
order of business conducted at the meeting. The City Commission will not take action upon any
matter, proposal, or item of business, which is not listed upon the official agenda, unless a
majority of the Commission has first consented to the presentation for consideration and
action.
Consent Agenda Items:
These are items which the Commission does not need to discuss
individually and which are voted on as a group.
Regular Agenda Items:
These are items which the Commission will discuss individually in the
order listed on the agenda.
Voice Vote:
A voice vote by the Commission indicates approval of the agenda item. This can
be by either a regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAKING AT COMMISSION MEETINGS:
The public is encouraged to offer comment to the Commission at their meetings during Public Hearings,
Public Audience, and on any regular agenda item, as hereinafter described.
City Commission meetings are business meetings and, as such, the Commission retains the right to
impose time limits on the discussion on an issue.
Public Hearings:
Any citizen may speak on an official agenda item under the section entitled
“Public Hearings.”
Public Audience:
Any citizen may be heard concerning any matter within the scope of the
jurisdiction of the Commission – Time Limit – Three (3) Minutes
Regular Agenda Items:
Any citizen may speak on any official agenda item(s) listed on the
agenda after a motion has been made and properly seconded, with the exception of Consent
Agenda Items that have not been pulled for separate vote, reports, presentations and first
reading of Ordinances – Time Limit – Three (3) minutes
ADDRESSING THE COMMISSION:
When addressing the Commission, please step up to either podium and state, for the record, your
name and address.
DECORUM:
Any person who disputes the meeting while addressing the Commission may be ordered by the
presiding officer to cease further comments and/or to step down from the podium. Failure to
discontinue comments or step down when so ordered shall be treated as a continuing disruption of the
public meeting. An order by the presiding officer issued to control the decorum of the meeting is
binding, unless over-ruled by the majority vote of the Commission members present.
Please turn off all pagers and cellular phones in the City Commission Chambers while the City
Commission Meeting is in session.
City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East
Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third
Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule – some meetings
have been moved due to Holidays/Election Day).
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1. OPENINGS
A. Call to order - Mayor Woodrow L. Hay
B. Invocation
C. Pledge of Allegiance to the Flag led by Commissioner Ross
D. Brand Promise Statement
E. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
2. OTHER
A. Informational Items by Members of the City Commission
3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. Proclaim the month of May as "National Preservation Month" with a brief presentation
by staff and Gregory Mount, PhD Student, Department of Geosciences, Florida
Atlantic University
B. Proclaim May as Mental Health Month. Accepting the proclamation will be Ms. Gerda
Klein of the Boynton Beach Mental Health Initiative (BBMHI).
C. Proclaim May 3, 2012 as the National Day of Prayer. Pastor Chuck Brannon,
Gateway Community Church, will accept the Proclamation.
D. Proclaim the month of May as Better Hearing Month. Accepting the proclamation will
be Dr. Valerie Rossetti
E. Request for closed door session to be held at the end of the regular City Commission
meeting on Tuesday, May 1, 2012 regarding CLEAR CHANNEL OUTDOOR, INC.,
Plaintiff vs. CITY OF BOYNTON BEACH, Defendant - Case No.
502011CA014815XXXXMB(AJ).
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
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6. CONSENT AGENDA
Matters in this section of the Agenda are proposed and recommended by the City
Manager for "Consent Agenda" approval of the action indicated in each item, with
all of the accompanying material to become a part of the Public Record and subject
to staff comments
A. Approve the minutes from the City Commission regular meeting held on April 17, 2012
B. Accept the second quarterly report regarding the Volen Center Shopper Hopper
program
C. Approve a motion to release final surety bond to the Sembler Company in the amount
of $220,000 for road work constructed on Old Boynton Road as part of the Boynton
Town Center project.
D. Approve reduction of the performance bond by the amount of $396,000 for the
completion of the improvements to Gulfstream Boulevard in association with the
Walmart project.
PROPOSED RESOLUTION NO. R12-040
E. - Approve a contract with A-C-T
Environmental & Infrastructure, Inc. of Bartow, FL for "ENVIRONMENTAL
ENGINEERING CONSULTING SERVICES FOR THE LINKS GOLF COURSE" in the
amount of $80,000 as a result of RFQ #043-2911-12/TWH.
7. BIDS AND PURCHASES OVER $100,000
A. Approve award for "Annual Bid for Medical and Drug Supplies", Bid no. 047-1412-
12/JMA to the following four vendors; Bound Tree Medical, LLC, Guardian Medical
Products, Henry Schein, Inc., and Midwest Medical Supply Co., LLC. The projected
annual expenditure for these supplies is $103,000
PROPOSED RESOLUTION NO. R12-041
B. - Approve the attached Agreement with
Sensus USA Inc. (Sensus) for Advanced Metering Infrastructure (AMI) and authorize
execution of the Agreement by the Interim City Manager in order to standardize meter
reading equipment and regain meter reading efficiency.
8. CODE COMPLIANCE & LEGAL SETTLEMENTS
None
9. PUBLIC HEARING
7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
The City Commission will conduct these public hearings in its dual capacity as
Local Planning Agency and City Commission.
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PROPOSED ORDINANCE NO. 12-007 - FIRST READING
A. - Amending Section 26- 8,
"Water and sewer connection, deposit and service charges", of the City's Code
governing water and wastewater rates. The revised fee structure for particular
TABLED ON
services provided to utility customers will be effective July 1, 2012 (
4/17/12
)
PROPOSED ORDINANCE NO. 12-010 - FIRST READING
B. - Amend the Land
Development Regulations (LDR) to implement recommendations of the Moratorium
Study, Notice of Intent (NOI) #2011-01, pertaining to 1) location of not-for-profit uses
in certain zoning districts, and 2) the replacement of the lists of approved uses for the
three Planned Industrial Development Districts (PIDs) with the standard use
regulations listed in the Use Matrix.
10. CITY MANAGER’S REPORT
None
11. UNFINISHED BUSINESS
A. Rank City Manager candidates based on individual interviews and provide direction on
additional phases of the search process.
B. Presentation and discussion of two proposals for Redevelopment of Old High School
12. NEW BUSINESS
None
13. LEGAL
PROPOSED RESOLUTION NO. R12-042
A. - Approve extension of the moratorium
commenced under the “Notice of Intent” to study zoning regulations, through June 19,
2012 (37 days) to cover the period required to finalize the review and consideration of
recommended amendments to the zoning and land development regulations intended
to implement Economic Development Implementation Initiatives.
PROPOSED ORDINANCE NO. 12-008 - FIRST READING
B. - Approve amendments to
the Historic Preservation Ordinance as codified in the Land Development Regulations
(LDR) Part III, Chapter 1, Article II (Definitions), Part III, Chapter 1, Article VII,
(Administrative and Decision Making Bodies), and Part III, Chapter 4, Article IX
TABLED ON 4/17/12
(Building, Construction and Historic Preservation) ()
PROPOSED ORDINANCE NO. 12-009 - FIRST READING
C. - Approve Ordinance
TABLED ON 4/17/12
amending sale of City owned real property. ()
D. Designate election date for charter amendment referendum.
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14. FUTURE AGENDA ITEMS
A. Update on In-house Medical Clinic- 6/5/12
B. Police Study - 5/15/12
C. Update on Neighborhood Stabilization Program (NSP) - 5/15/12
D. HUD Voluntary Compliance Agreement - 5/15/12
E. Special City Commission Budget Meetings, Monday, July 16, 2012 @ 2:00 p.m.,
Tuesday, July 17, 2012 @ 9:00 a.m. and Wednesday, July 18, 2012 @ 2:00 p.m. in
the Library Program Room at the City Library
15. BRAND PROMISE STATEMENT – “BREEZE INTO BOYNTON BEACH –
AMERICA’S GATEWAY TO THE GULFSTREAM”
16. ADJOURNMENT
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER
CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE,
HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES
THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN
INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE,
PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE (561) 742-6060 AT
LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY
ACCOMMODATE YOUR REQUEST.
ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S WEB
SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN
BE OBTAINED FROM THE OFFICE OF THE CITY CLERK.
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3. A
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
May 1, 2012
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RACC:
Proclaim the month of May as "National Preservation
EQUESTED CTION BY ITY OMMISSION
Month" with a brief presentation by staff and Gregory Mount, PhD Student, Department of Geosciences,
Florida Atlantic University
ER:
The National Trust for Historic Preservation established
XPLANATION OF EQUEST
Preservation Week in 1973 to grandstand the preservation efforts in America, which has grown
into an annual celebration observed by many cities and towns through a variety of events,
programs and ceremonies. It became so popular that in 2005 the National Trust expanded the
celebration to the entire month of May, thereby facilitating the holding of more activities and the
increase in participation by more individuals in the growing preservation movement.
The attached proclamation is a demonstration of the City’s commitment to recognize,
understand, and preserve its past, which is greatly supported by the recent achievements by
the City that advance the preservation of its historical, archaeological, and cultural resources
including the adoption of a Historic Preservation Program and commencement of the update of
its historical and cultural assets.
As part of this update, students from FAU’s Department of Geosciences carried out a Ground
Penetrating Radar (GPR) survey of the Barton Memorial Park Cemetery. A lack of
comprehensive records and conflicting reports on the history of the cemetery provide no clear
evidence as to the total number and location of burials. The GPR survey is a non-invasive,
non-destructive investigative method which can help identify the possible location of burials by
interpreting soil disturbance data. The completion of this survey is timely and worthy of special
recognition during the month’s celebrations.
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H?
The proclamation and presentation will
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
help raise public awareness of the City Historic Preservation Program.
FI:
None
ISCAL MPACT
A:
Do not recognize May as National Preservation Month and do not allow
LTERNATIVES
corresponding presentation.
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P R O C L A M A T I O N
WHEREAS, historic preservation is an effective tool for managing growth and sustainable development,
revitalizing neighborhoods, fostering local pride and maintaining community character while enhancing
livability; and
WHEREAS, historic preservation is relevant for communities across the nation, both urban and rural,
and for Americans of all ages, all walks of life and all ethnic backgrounds; and
WHEREAS, it is important to celebrate the role of history in our lives and the contributions made by
dedicated individuals in helping to preserve the tangible aspects of the heritage that has shaped us as a
people; and
WHEREAS, "Discover America’s Hidden Gems" is the theme for National Preservation Month 2012,
cosponsored by the City of Boynton Beach and the National Trust for Historic Preservation
NOW, THEREFORE, I, Woodrow Hay, Mayor of the City of Boynton Beach, do proclaim May 2012 as
National Preservation Month
and call upon the people of Boynton Beach to join their fellow citizens across the United States in
recognizing and participating in this special observance.
st
IN WITNESS WHEREOF, I have hereunto set my hand this 1 day of May, in the year two thousand twelve.
____________________________________
Woodrow Hay, Mayor
ATTEST:
_________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
May 1, 2012
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RACC:
Proclaim May as Mental Health Month. Accepting the
EQUESTED CTION BY ITY OMMISSION
proclamation will be Ms. Gerda Klein of the Boynton Beach Mental Health Initiative (BBMHI).
ER:
In Florida, nearly 8 percent of the population suffers from some
XPLANATION OF EQUEST
form of mental illness, which can seriously affect a person’s thinking, mood and behavior. A
wide variety of treatment is available. Yet, despite Florida’s status as the fourth largest state in
thth
the U.S., per capita funding for mental health and substance abuse is ranked 48 and 37
respectively in the nation, which is why organizations such as the Boynton Beach Mental
Health Initiative are vital to the community. The month of May is traditionally set aside to focus
attention on mental health issues.
H?
This proclamation will help raise public
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
awareness of mental health issues and the availability of treatment to eradicate the stigma
associated with these afflictions.
FI:
None
ISCAL MPACT
A:
Not present proclamation.
LTERNATIVES
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PROCLAMATION
WHEREAS, mental illness is recognized as a prevalent health problem in America, exceeding cancer, lung disease,
heart disease and obesity combined and early diagnosis and treatment can enable most individuals to recover and
lead productive lives, and;
WHEREAS, one in four adults in Palm Beach County, or more than 273,000, plus 21% of children and youth –
cutting across socio-economic boundaries – have mental illness and nearly half of those suffer from two or more
conditions simultaneously, including schizophrenia, bipolar, and depression which may result in joblessness,
domestic violence, homelessness, absenteeism, divorce, bullying, school dropouts, and suicide, and;
WHEREAS, the capacity of mental health service providers and stakeholders in Palm Beach County is being
severely diminished day by day as a result of economic limitations and political divisions that hinder education, early
identification, and access to service, and stand in the way of organizing for services, and;
WHEREAS, advocates and elected officials in South County have proclaimed mental health a priority and have
combined efforts to provide leadership and assistance to break the silence throughout Palm Beach County through
an action alliance on mental health, and;
WHEREAS, the new Mental Health Action Alliance of Palm Beach County has broken the silence and is recognized
for its potential to enlighten all citizens, we proclaim May 2012 as National Mental Health Month in Boynton Beach.
Now therefore, I, Woodrow Hay, by virtue of the authority vested in me as Mayor of the City of Boynton Beach,
Florida, hereby proclaim May 2012 as:
National Mental Health Month
and acknowledge BBMHI as a founding member of the new county-wide Action Alliance for Mental Health whose
mission is to promote dialogue, set priorities and take action to support education, early identification, and access to
mental health services. County Commissioners have acknowledged this mission by proclaiming 2012 the Year of
Breaking the Silence.
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 1 st day of May, Two Thousand and Twelve.
________________________________________
Woodrow L. Hay, Mayor
ATTEST:
______________________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
May 1, 2012
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RACC:
Proclaim May 3, 2012 as the National Day of Prayer.
EQUESTED CTION BY ITY OMMISSION
Pastor Chuck Brannon, Gateway Community Church, will accept the Proclamation.
ER:
National Day of Prayer (36 U.S.C. § 119) is a day designated by
XPLANATION OF EQUEST
the United States Congress when people are asked "to turn to God in prayer and meditation".
The law formalizing its observance was enacted in 1952. That year, President Harry S.
Truman signed a bill proclaiming a National Day of Prayer must be declared by each following
president at an appropriate date of his choice. In 1982, a National Prayer Committee formed to
coordinate and implement a fixed commemorated day of prayer. In 1988, the law was
amended so that the National Day of Prayer would be held on the first Thursday of May. A
stated intention of the National Day of Prayer was that it would be a day when adherents of all
great religions could unite in prayer.
H?
This Proclamation will have no effect on
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
City programs or services.
FI:
None
ISCAL MPACT
A:
Not permit Proclamation.
LTERNATIVES
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P R O C L A M A T I O N
WHEREAS
prayer has helped pull people through struggles and fears of every kind, it also
serves as a way to express love, gratitude and concern, whether in private or among family
and friends.
WHEREAS
throughout our nation’s history, leaders have urged citizens of faith to pray for our
land and those who defend our freedoms at home and abroad. For many in Boynton Beach,
prayer is an important part of their daily lives. Today, we join with people across our country in
uniting in a National Day of Prayer.
WHEREAS
churches, synagogues, temples, mosques, at home or other hallowed places all
provide sanctuaries in which to commune with God. In these prayers, may we remember
loved ones, our communities, our troops, people and families in need and especially our hard-
working friends and neighbors who are struggling during these challenging economic times.
NOWtherefore
, , I, Woodrow L. Hay, by virtue of the authority vested in me as Mayor of the
City of Boynton Beach, Florida, hereby proclaim May 3rd, 2012 as
National Day of Prayer
and urge all citizens to worship as their conscience dictates.
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 1st day of May, Two Thousand
and Twelve.
_______________________
Woodrow L. Mayor
ATTEST: City of Boynton Beach
___________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
May 1, 2012
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RACC:
Proclaim the month of May as Better Hearing Month.
EQUESTED CTION BY ITY OMMISSION
Accepting the proclamation will be Dr. Valerie Rossetti
ER:
Since 1927, audiologist and speech-language pathologists – the
XPLANATION OF EQUEST
professionals who specialize in the identification and treatment of communication disorders –
have made a special effort during the month of May to inform and educate people about
hearing and speech disorders. Hearing Partners of South Florida, Inc. encourages all citizens
to recognize the achievements of Audiologists in improving the quality of life for people with
communications disorders.
H?
As part of Hearing Partner’s commitment
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
to the community they will offer a complimentary hearing screening and full consultation to the
citizens of the City of Boynton Beach, FL.
FI:
N/A
ISCAL MPACT
A:
N/A
LTERNATIVES
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3. E
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
May 1, 2012
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RACC:
Request for closed door session to be held at the end of
EQUESTED CTION BY ITY OMMISSION
the regular City Commission meeting on Tuesday, May 1, 2012 regarding CLEAR CHANNEL
OUTDOOR, INC., Plaintiff vs. CITY OF BOYNTON BEACH, Defendant - Case No.
502011CA014815XXXXMB(AJ).
ER:
Pursuant to Florida Statutes 286.011(8), a request is being made
XPLANATION OF EQUEST
of the City Commission to meet in private at the end of the City Commission meeting on
Tuesday, May 1, 2012 to discuss pending litigation as noted above.
Anticipating that the Commission will agree to conduct the closed door session and to provide
advance notice to the public that a closed door session will be occurring, the City Clerk has
posted the closed door session in advance of the May 1, 2012 City Commission meeting.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
The cost of a court reporter to transcribe the thirty minute session.
ISCAL MPACT
A:
Decline the request to meet in a closed door session to discuss litigation.
LTERNATIVES
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CITY OF BOYNTON BEACH
City Attorney’s Office
MEMORANDUM
TO: Honorable Mayor and City Commission
Lori LaVerriere, Interim City Manager
FROM: James A. Cherof, City Attorney
DATE: April 23, 2012
RE: Request for Private Attorney-Client Session
________________________________________________________________________
Pursuant to Section 286.011(8), Florida Statutes, I am requesting a private attorney-client session
of the City Commission to be held at the end of the City Commission meeting on Tuesday, May 1, 2012,
to discuss pending litigation in the following case:
CLEAR CHANNEL OUTDOOR, INC., Petitioner vs. CITY OF BOYNTON BEACH,
FLORIDA, Respondent –
Case No. 502011CA014815XXXXMB AJ
Following the City Commission’s last private attorney-client session, significant progress was
made in settlement negotiations. Prior to concluding negotiations direction is sought from the
Commission. I will be in attendance along with Michael T. Burke, Esquire and the Interim City
Manager Lori LaVerriere. We will need approximately thirty (30) minutes.
JAC/lms
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5. A
ADMINISTRATIVE
May 1, 2012
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ETTLEMENTS
RACC:
Appoint eligible members of the community to serve in
EQUESTED CTION BY ITY OMMISSION
vacant positions on City advisory boards
ER:
The attached list contains the names of those who have applied for
XPLANATION OF EQUEST
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 keep our
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Advisory Boards full and operating as effectively as possible.
FI:
None
ISCAL MPACT
A:
Allow vacancies to remain unfilled.
LTERNATIVES
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6. A
CONSENT AGENDA
May 1, 2012
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RACC:
Approve the minutes from the City Commission regular
EQUESTED CTION BY ITY OMMISSION
meeting held on April 17, 2012
The City Commission met on April 17, 2012 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 the City
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Commission will be maintained as a permanent record.
FI:
N/A
ISCAL MPACT
A:
N/A
LTERNATIVES
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6. B
CONSENT AGENDA
May 1, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 1, 2012
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 second quarterly report regarding the Volen
EQUESTED CTION BY ITY OMMISSION
Center Shopper Hopper program
ER:
At the November 15, 2011 meeting, the City Commission
XPLANATION OF EQUEST
requested a quarterly report regarding ridership of the Volen Center Shopper Hopper program.
Attached is the ridership report from the Volen Center, as well as a ridership report from the
Boynton Beach Shopper Hopper for January, February and March 2011, for comparative
purposes.
Volen Center Shopper Hopper Ridership Totals (1/1/12 – 3/31/12)
October 578
November 663
December 729
January 701
February 746
March 758
Boynton Beach Shopper Hopper Ridership Totals (1/1/11 – 3/31/11)
October 1,409
November 1,477
December 1,518
January 1,583
February 1,748
March 1,976
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H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
Do not accept report
LTERNATIVES
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Boynton Shopper Hopper Data
Passengers Passengers Senior Ctr. Senior Ctr. TOTAL
(AM) (PM) (AM) (PM)
October 2010 459 354 298 298 1,409
November 2010 500 354 311 312 1,477
December 2010 507 360 334 317 1,518
TOTAL 4,404
Passengers Passengers Senior Ctr. Senior Ctr. TOTAL
(AM) (PM) (AM) (PM)
January 2011 541 416 320 306 1,583
February 2011 641 421 349 337 1,748
March 2011 690 492 408 386 1,976
TOTAL 5,307
Passengers (AM) and (PM) refers to those riding the Shopper Hopper to locations other than the Senior
Center.
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6. C
CONSENT AGENDA
May 1, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 1, 2012
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 motion to release final surety bond to the
EQUESTED CTION BY ITY OMMISSION
Sembler Company in the amount of $220,000 for road work constructed on Old Boynton Road as part of
the Boynton Town Center project.
ER:
As part of the Boynton Town Center project, the Sembler Company
XPLANATION OF EQUEST
was required to construct a number of off-site roadway improvements to support new traffic
generated by the development project. Consistent with City code, the developer was required
to post a surety bond in the amount of 110% of the estimated value of this road work. To that
end a surety bond in the amount of $4,400,000 was provided to the City.
As the project proceeded, the developer was allowed also by City code to have the surety
amount reduced. Currently, the City is holding the final 5%, or $220,000, as surety to not only
guarantee completion of the work but also as a one year warranty guarantee. Palm Beach
County accepted this road work in December 2010 and the one year warranty period has also
expired.
Staff recommends that the City Commission release the final surety amount of $220,000
provided to the City as part of original Performance Bond #104708962.
H?
Not applicable
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
Not applicable
ISCAL MPACT
A:
None.
LTERNATIVES
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6. D
CONSENT AGENDA
May 1, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 1, 2012
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 reduction of the performance bond by the amount
EQUESTED CTION BY ITY OMMISSION
of $396,000 for the completion of the improvements to Gulfstream Boulevard in association with the
Walmart project.
ER:
The Public Works Department Engineering Division requests
XPLANATION OF EQUEST
approval of the reduction of the performance bond #105483202 TR#7944 by the amount of
$396,000 for the completion of the improvements to Gulfstream Boulevard associated with the
Walmart project. This will leave the remaining $44,000 (10%) to be held by the City for a
period of one (1) year from the date of this approval as the warranty against defect.
Wal-Mart Stores East, LP dba Store 5911 submitted a performance bond in the amount of
$440,000 to insure the completion of the improvements to Gulfstream Boulevard
associated with the Walmart project.
Kimley Horn & Associates, Inc. has certified that improvements were done in accordance
with the approved plans.
The Public Works Engineering Division has inspected the improvements and found them to
be consistent with the approved plans.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
None
ISCAL MPACT
A:
None
LTERNATIVES
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6. E
CONSENT AGENDA
May 1, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 1, 2012
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. R12-040 - Approve a
EQUESTED CTION BY ITY OMMISSION
contract with A-C-T Environmental & Infrastructure, Inc. of Bartow, FL for "ENVIRONMENTAL
ENGINEERING CONSULTING SERVICES FOR THE LINKS GOLF COURSE" in the amount of
$80,000 as a result of RFQ #043-2911-12/TWH.
ER:
On April 17, 2012 the City Commission approved the list of top
XPLANATION OF EQUEST
ranking qualifiers identified by the Evaluation Committee from the responses received from
RFQ #043-2911-12/TWH and authorized staff to negotiate with A-C-T Environmental &
Infrastructure, Inc., the top ranked qualifier.
The RFQ was advertised and submittals opened on March 26, 2012. The City received and
reviewed nineteen (19) proposals and submitted the top three (3) ranked qualifiers to the City
commission on April 17, 2012 for their approval and authorization to move forward with
negotiations for compensation of services with A-C-T Environmental & Infrastructure, Inc.
according to Florida State Statute 287-55, Consultants’ Competitive Negotiations Act.
Negotiations were held on April 23, 2012.
A-C-T will prepare and submit to FDEP a Site Assessment Report (SAR) that meets the
objectives of FAC Chapter 62-780. This is a result of the FDEP requesting that a SAR be
completed and filed no later than August 8, 2012.
This is required in response to a letter the City received from Florida Department of
Environmental Protection (FDEP) in May 2011 indicating that they were requesting a Site
Assessment Report (SAR) be filed in accordance with Chapter 62-780, Florida Administrative
Code. This is a follow up to an Environmental Site Assessment (ESA) Report that was filed
with FDEP in March 2008 that was initiated to evaluate the feasibility of a land use change at
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the Golf Course. Subsequent to the ESA, the proposed land use did not go forward and as of
today there are no plans to change the land use from being a Golf Course. The City attempted
to satisfy FDEP requests administratively and avoid having to contract with an environmental
engineering firm to prepare a SAR. FDEP was not agreeable to the City’s proposed course of
action and requested that the City contract and submit a SAR in accordance with Chapter 62-
780, F.A.C. On February 20, 2010 FDEP granted an extension to the City until August 8, 2012
for submittal of the SAR. Based on these communications the City began this RFQ process.
H?
This report will bring the City into
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
compliance with Florida Department of Environmental Protection as requested.
FI:
The contract will be paid from the Golf Course Fund Budget Account number
ISCAL MPACT
411-2911-592-49-17 in FY 2011-12 budget.
A:
Not approve the contract and negotiate with the second ranked firm, which
LTERNATIVES
may cause the City to be out of compliance with Florida Department of Environmental
th
Protection (FDEP) if a SAR is not filed by the August 8 deadline.
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RESOLUTION NO. R12-
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING A CONSULTANT AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH AND A-C-T
ENVIRONMENTAL & INFRASTRUCTURE, INC., OF
BARTOW, FLORIDA FOR “ENVIRONMENTAL
ENGINEERING CONSULTING SERVICES FOR THE LINKS
GOLF COURSE” RFQ #043-2911-12/TWH IN THE AMOUNT
OF $80,000; AUTHORIZING THE INTERIM CITY MANAGER
TO EXECUTE AN AGREEMENT BETWEEN THE PARTIES;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
on April 12, 2012, the City Commission approved the list of top ranking
qualifiers identified by an Evaluation Committee from the responses received to RFQ #043-2911-12
and authorized staff to negotiate with the top ranked qualifier; and
WHEREAS
, upon recommendation of staff, the City Commission of the City of Boynton
Beach does hereby approve the Consultant Agreement between the City of Boynton Beach and A-C-
T Environmental & Infrastructure, Inc., of Bartow, Florida for “Environmental Engineering
Consulting Services for the Link’s Golf Course” (RFQ #043-2911-12/TWH) in the amount of
$80,000.00; and authorizes the Interim 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.
The foregoing "Whereas" clauses are hereby ratified and confirmed as being
true and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2.
The City Commission of the City of Boynton Beach, Florida, hereby approves
the Consultant Agreement for “Environmental Engineering Consulting Services for the Links Golf
Course” (RFQ #043-2911-12/THD) between the City of Boynton Beach and A-C-T Environmental
& Infrastructure, Inc., of Bartow, in the amount of $80,000.00.
Section 3.
The Interim City Manager is hereby authorized to execute a Consultant
Agreement for “Environmental Engineering Consulting Services for the Links Golf Course” (RFQ
#043-2911-12/THD) between the City of Boynton Beach and A-C-T Environmental &
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Infrastructure, Inc., of Bartow, a copy of which is attached hereto as Exhibit “A”.
Section 4.
That this Resolution shall become effective immediately.
PASSED AND ADOPTED
this ______ day of May, 2012.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Woodrow L. Hay
______________________________
Vice Mayor – Mack McCray
______________________________
Commissioner – William Orlove
_______________________________
Commissioner – Steven Holzman
ATTEST:
_______________________________
Commissioner – Marlene Ross
__________________________
Janet M. Prinito, MMC
City Clerk
(Corporate Seal)
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CONSULTANT AGREEMENT FOR
“ENVIRONMENTAL ENGINEERING CONSULTING SERVICES FOR THE LINKS GOLF
COURSE”
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as “the
_A-C-T Environmental & Infrastructure, Inc. of Bartow, Florida_________
City”, and , hereinafter
referred to as “the Consultant”, in consideration of the mutual benefits, terms, and conditions hereinafter
specified.
1.
PROJECT DESIGNATION. The Consultant is retained by the City to perform
CONSULTANT “ENVIRONMENTAL
services in connection with the project designated
ENGINEERING CONSULTING SERVICES FOR THE LINKS GOLF COURSE”
Exhibit “A”
1.SCOPE OF SERVICES. Consultant agrees to perform the services, identified on
attached hereto, including the provision of all labor, materials, equipment and supplies.
2.TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of written
notice by the City to the Consultant to proceed. Consultant shall perform all services and provide all
_107_
work product required pursuant to this agreement by calendar days from the date written
notice is given to proceed, unless an extension of such time is granted in writing by the City.
3.PAYMENT. The Consultant shall be paid by the City for completed work and for services rendered
under this agreement as follows:
Exhibit “B”
a.Payment for the work provided by Consultant shall be made as provided on
attached hereto, provided that the total amount of payment to Consultant shall not exceed
__$80,000.00_____
without express written modification of the agreement signed by the City.
Actual payments will be made based on actual hourly rate for hours worked by staff, actual
equipment used and actual subcontractor’s payments plus any applicable overhead costs.
b.The Consultant may submit vouchers to the City once per month during the progress of the work
for partial payment for project completed to date. Such vouchers will be checked by the City,
and upon approval thereof, payment will be made to the Consultant in the amount approved.
c.Final payment of any balance due the Consultant of the total contract price earned will be made
promptly upon its ascertainment and verification by the City after the completion of the work
under this agreement and its acceptance by the City.
d.Payment as provided in this section shall be full compensation for work performed, services
rendered and for all materials, supplies, equipment and incidentals necessary to complete the
work.
e.The Consultant’s records and accounts pertaining to this agreement are to be kept available for
inspection by representatives of the City and State for a period of three (3) years after final
payments. Copies shall be made available upon request.
4.OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this agreement
shall be the property of the City whether the project for which they are made is executed or not. The
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Consultant shall be permitted to retain copies, including reproducible copies, of drawings and
specifications for information, reference and use in connection with Consultant’s endeavors.
5.COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by this
service agreement, faithfully observe and comply with all federal, state and local laws, ordinances
and regulations that are applicable to the services to be rendered under this agreement.
6.INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its offices,
agents and employees, from and against any and all claims, losses or liability, or any portion thereof,
including attorneys fees and costs, arising from injury or death to persons, including injuries,
sickness, disease or death to Consultant’s own employees, or damage to property occasioned by a
negligent act, omission or failure of the Consultant.
7.INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this
contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per
occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate
for property damage, and professional liability insurance in the amount of $1,000,000.
Said general liability policy shall name the City of Boynton Beach as an additional named insured
and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days
prior written notice to the City. Certificates of coverage as required by this section shall be delivered
to the City within fifteen (15) days of execution of this agreement.
8.INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this agreement. Nothing in
this agreement shall be considered to create the relationship of employer and employee between the
parties hereto. Neither Consultant nor any employee of Consultant shall be entitled to any benefits
accorded City employees by virtue of the services provided under this agreement. The City shall not
be responsible for withholding or otherwise deducting federal income tax or social security or for
contributing to the state industrial insurance program, otherwise assuming the duties of an employer
with respect to Consultant, or any employee of Consultant.
9.COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not employed
or retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company
or person, other than a bonafide employee working solely for the Consultant, any fee, commission,
percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the
award or making of this contract.
For breach or violation of this warranty, the City shall have the right to annul this contract without
liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover,
the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
10.DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by it under
this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed,
age, sex or the presence of any physical or sensory handicap in the selection and retention of
employees or procurement of materials or supplies.
11.ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this
agreement without the express written consent of the City.
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12.NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation
provided for in this agreement shall not constitute a waiver of any other provision.
13.TERMINATION.
a.The City reserves the right to terminate this agreement at any time by giving ten (10) days
written notice to the Consultant.
b.In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant hereby
agree to complete the work under the terms of this agreement, if requested to do so by the City.
This section shall not be a bar to renegotiations of this agreement between surviving members of
the Consultant and the City, if the City so chooses.
14.DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida
Law.
15.NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City Manager’s Office
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Notices to Consultant shall be sent to the following address:
R. Jeffrey Kincart
A-C-T Environmental & Infrastructure, Inc.
1875 West Main Street
Bartow, FL 33830
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16.INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents
the entire and integrated agreement between the City and the Consultant and supersedes all prior
negotiations, representations, or agreements written or oral. This agreement may be amended only
by written instrument signed by both City and Consultant.
DATED this _____ day of ________________________________________, 20____.
CITY OF BOYNTON BEACH A-C-T ENVIRONMENTAL &
INFRASTRUCTURE, INC.
_________________________________ __________________________________
Interim City Manager Consultant
Attest/Authenticated: __________________________________
Title
_________________________________ (Corporate Seal)
City Clerk
Approved as to Form: Attest/Authenticated:
_________________________________ __________________________________
Office of the City Attorney Secretary
Rev. 1/22/91
EXHIBIT “A”
Scope of Services
ENVIRONMENTAL ENGINEERING CONSULTING SERVICES FOR THE LINKS
GOLF COURSE
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A Site Assessment Report will be prepared that includes a description of the soil
and groundwater field activities, sampling and analysis results, and a screening
evaluation of the data. Analytical results from the 2008 ESA will be included in
the report wherever the methods employed can be reconciled with the
requirements of FAC Rule 62-780. The overall arsenic distribution in surface and
subsurface soils will be discussed and presented in figures. The soil data will be
screened against the direct exposure-based Soil cleanup Target Levels (SCTLs)
and leachability SCTLs, and the groundwater data will be screened against the
Groundwater Cleanup Target Levels (GCTLs). If the sample-specific
concentrations exceed the SCTLs, the upper confidence limits (UCLs) will be used
to determine site characterization and whether current conditions are protective
of the site user. Additionally, groundwater geophysical data will be evaluated,
and the analytical results of the groundwater data will be compared against the
conservatively protective GCTLs and presented in a figure. Based on these risk-
based comparison results, site management recommendations will be included in
the report.
SITE BACKGROUND
Owned by Palm Beach County and operated by the City, the Boynton Beach Golf
Course is approximately 150 acres in size and is surrounded by canals and
residential areas. The ESA prepared by TtNUS (2008) included investigations
conducted in the northern portion of the golf course by sampling for soil,
groundwater, surface water and sediment. The northern portion of the golf
course was being considered for redevelopment as a residential area at the time.
As of the date of this document, redevelopment plans are no longer being
considered.
The site hydrology is controlled by interconnected canals located on the north,
east, and southern boundaries of the site. The canals help control water levels in
the area, as they are filled to the capacity and drained nearly dry several times
of the year. Depending on the water levels in the canals, golf course water flow
regimes change, making it difficult to determine the natural or prevalent water
flow direction in the area. The presence of onsite water bodies may be an
indication of shallow groundwater. The groundwater levels reported in the 2008
ESA ranged from 1.85 feet (ft) to 7.36 ft, where the majority of the wells had
less than 4 ft depth to water. Thus, site soils are likely saturated within 1 to 3 ft
below land surface (bls).
The 2008 ESA report included investigation for the northern portion of the golf
course and the maintenance shop areas that have been sampled for surface soil,
subsurface soil, and shallow groundwater as well as one sediment/ surface water
sample from the onsite pond. No sampling has been conducted in the southern
portion. Currently, data from the 2008 ESA indicates a uniform distribution of
arsenic across the golf course. Therefore, samples collected from areas including
tee boxes, fairways, roughs, and greens and also around the maintenance shop
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building are considered representative of arsenic distribution for all areas of the
golf course.
FDEP REQUIREMENTS
FDEP provided the City with a checklist of items that should be addressed during the process of
a Site Assessment Report, with the overall purpose of complying with the objectives of FAC 62-
780. This checklist is provided in Attachment A.
The checklist included notices to be provided, Quality Assurance Requirements, Professional
Certifications, and Site Assessment Objectives. The Site Assessment Objectives requirements are
summarized as follow:
Determine current and future land use for the site.
Characterize groundwater and surface water within the site and its vicinity.
Identify contamination plume and its migration potential within the site and beyond the property
boundary.
Determine whether contamination is present and the types of contaminants present, and determine
the horizontal and vertical extent of contamination in every medium found to be contaminated to the
more stringent FDEP cleanup target levels (CTLs) (e.g., residential CTLs).
Establish background levels.
Identify presence of free product, and determine the need for removal actions for any source
material.
Characterize the geology and hydrogeology of the site to support fate and transport evaluations for
the site groundwater contamination and discharges to surface water bodies.
Identify any public water supply wells within a ½-mile radius of the site, whether the site is located
within the regulated wellhead protection zone of a public water supply well or well field, and
whether any private water supply wells (including potable, irrigation, and industrial wells) are
present within a ¼-mile radius of the site, unless the site meets the No Further Action (NFA) criteria
of subsection 62-780.680(1), Florida Administrative Code (FAC).
Determine whether any surface water will be exposed to contamination that migrates beyond the
boundaries of the property.
Report any offsite activities (for example, dewatering, active remediation, or flood control pumping)
in the immediate vicinity of the site that may have an effect on the groundwater flow at the site,
unless the site meets the NFA criteria of subsection 62-780.680(1), FAC.
Facilitate the selection of a remediation strategy for the site that is protective of human health and
the environment, and considers the proposed property use, identifies risks posed by the
contamination based on the proposed use, and describes how those risks will be managed, unless
NFA is deemed appropriate pursuant to the provisions of subsection 62-780.680(1), FAC.
The sampling and analysis proposed for the City’s golf course site implements
the FDEP requirements as they pertain to the site. A point source release has not
occurred at the site, and the 2008 ESA did not identify a groundwater
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contamination plume. The site is currently being used as a golf course. Though
the northern portion was considered for redevelopment, those plans are no
longer under consideration. Therefore, the site is likely to remain a golf course
for the foreseeable future. The surrounding area has canals, and residential
developments. The City owns a landfill to the east of the golf course.
The 2008 ESA noted that there are offsite potable wells located in areas near the
golf course. A well survey will be conducted in accordance with FAC Rule 62-
780.600(3)(h), which will include a review of the South Florida Water
Management District, State, and County databases. Field reconnaissance or
utility billing records review, in accordance with FAC Rule 62-780.600(5)(n), will
be conducted only if contamination is discovered beyond the site property
boundaries.
The observed arsenic in site soil and groundwater is likely from the past arsenical
pesticide use across the golf course and its use was in accordance with licensed
practices. Background arsenic levels will be established in consultation with
FDEP. Based on the observed arsenic levels and extent of the distribution, future
monitoring program and/or corrective actions will be proposed at the completion
of the work proposed herein.
OBJECTIVE
The objective is to submit a Site Assessment Report to FDEP that complies with FAC Rule 62-780. All
proposed field activities will be conducted in accordance with the most recent FDEP SOP’s, dated
The report is to be submitted to FDEP no later than August 7, 2012.
March 2008.
PERIODIC REPORTING
Consultant will provide to City Staff a bi-weekly status report as to progress of project for review and
submittal to Federal Department of Environmental Protection.
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EXHIBIT “B”
Payment Schedule/Form
Requests for payment shall be submitted for the following periods of time:
#1 From time of contract execution to May 31, 2012
#2 From June 1, 2012 thru June 30, 2012
#3 (FINAL) From July 1, 2012 to project completion
Requests for payments shall include:
Itemized hours worked per position type and hourly rate for the position;
Itemized costs of equipment, supplies, etc; and
Itemized costs of subcontractor fees paid.
Costs included on requests for payments shall be in accordance with:
A-C-T Environmental Infrastructure, Inc.
Professional Fee Schedule
The City of Boynton Beach, FL
April 2012
Fee Schedule follows and is part of this contract.
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7. A
BIDS AND PURCHASES OVER $100,000
May 1, 2012
COBB
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CMD:
May 1, 2012
OMMISSION EETING ATE
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PENINGSUBLIC EARING
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THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve award for "Annual Bid for Medical and Drug
EQUESTED CTION BY ITY OMMISSION
Supplies", Bid no. 047-1412-12/JMA to the following four vendors; Bound Tree Medical, LLC, Guardian
Medical Products, Henry Schein, Inc., and Midwest Medical Supply Co., LLC. The projected annual
expenditure for these supplies is $103,000
ER:
XPLANATION OF EQUEST
This was a joint bid with the City of Delray Beach as the lead agency, (Bid no. 2012-12). These are
Warehouse stocked supplies that are used by the Fire Department's EMS staff and will be ordered "As
Needed". As lead agency, the City of Delray Beach opened and tabulated eight (8) proposals
on January 31, 2012. On April 3, 2012, the City of Delray Beach Commission approved the
award to the following vendors as recommended by the City of Delray Beach Fire Department:
Bound Tree Medical, LLC
Guardian Medical Products
Henry Schein, Inc.
Midwest Medical Supply Co., LLC
This bid may be renewed at the same terms, conditions and prices for an additional one-year
period subject to vendor acceptance, satisfactory performance and determination that renewal
will be in the best interest of the City.
The City of Delray Beach's competitive bid process met or exceeded the City of Boynton Beach's bid
requirements.
BID TERM: APRIL 16, 2012 TO APRIL 15, 2013.
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H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
By utilizing the pricing established in this joint bid with the City of Delray Beach, the City of
Boynton Beach Fire Department EMS will be provided medical and drug supplies from the
recommended vendors at the lowest, competitive prices.
FI:
ISCAL MPACT
Actual expenditures for Medical and Drug Supplies in FY 2009/2010: $103,540.00
Actual expenditures for Medical and Drug Supplies in FY 2010/2011: $102,996.00
Anticipated expenditure for 2011/2012 is $103,000.00.
A:
LTERNATIVES
The City of Boynton Beach could issue their own bid, but soliciting a joint bid with another
municipality increases quantities, resulting in lower per item quotes, which is more cost
effective.
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7. B
BIDS AND PURCHASES OVER $100,000
May 1, 2012
COBB
ITY F OYNTON EACH
AIRF
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CMD:
May 1, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
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THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
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DMINISTRATIVEEW USINESS
AI
GENDA TEM
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R12-041 - Approve the
EQUESTED CTION BY ITY OMMISSION
attached Agreement with Sensus USA Inc. (Sensus) for Advanced Metering Infrastructure (AMI) and
authorize execution of the Agreement by the Interim City Manager in order to standardize meter reading
equipment and regain meter reading efficiency.
ER:
At the April 17, 2012 Commission meeting, the City Commission
XPLANATION OF EQUEST
unanimously approved a motion to proceed with a negotiated settlement with Sensus and this
Agreement which is now finalized and attached.
The Commission will recall that the City currently operates a Sensus based AMR (Drive by
Radio Read) system that was installed in the late 1990s and early 2000s that is experiencing
increasing failures of the meter registers to automatically read water consumption. However, a
majority, but not all, of the AMR meter registers (not the Sensus meters themselves) are still
under warranty and can be replaced by Sensus at no cost to the City.
However, to replace the failed registers with the outdated AMR technology does not make a
sound business case. As a result, with the assistance of DavenportLawrence, the City
developed a business case to select Sensus as a sole source provider for Advanced Meter
Infrastructure (AMI) on a number of contributing factors to include:
Warranty utilization to replace AMR meter reading technology at no cost.
Interface with Sungard billing software not integrated with all other vendors.
AMR/AMI integrated meter reading not available through other vendors.
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In that connection, the attached Agreement was negotiated and summarized as follows to
include the following major points:
Provides a cash credit to the City in the amount of $351,653 to be used by the City to
offset the cost of equipment purchases or services from Sensus.
Lists the equipment to be (a) replaced by Sensus that has failed and is still under
warranty, (b) purchased by the City at a reduced cost of $87.50 per unit for equipment
out of warranty and the balance of the 30,000 registers that have not failed prior to
September 30, 2016.
Provides the hardware to the City for a Vehicle Gateway Base (VGB) Station at no cost
to the City.
Provides the hardware to the City for RF Field Equipment (FlexNet Base Stations, Echo
Transceivers, and Remote Transceivers) at no cost to the City.
Provides the hardware and software to the City for one RNI (Regional Network
Interfaces) used to gather, store and report data collected by the FlexNet Base Stations
from the SmartPoint Modules at no cost to the City.
Outlines the option to use Sensus’ Hosting Services.
Addresses payment terms, software licenses, access and maintenance.
Provides for ongoing system maintenance.
In addition, exhibits attached to the Agreement are:
Exhibit A Service Territory
Exhibit B Pricing
Exhibit C Software Listing
Exhibit D Hosting & Support Services
Exhibit E FCC Licenses
Exhibit F Statement of Work
Exhibit G Customer Support
Exhibit H Customer Acceptance Plan
Exhibit I Terms and Trademarks
Exhibit J Catastrophic Warranty
H?
With an existing failure rate of
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
approximately 20% or 6,000 meter registers of the total 30,000 meter registers and growing,
Meter Services employees can no longer manage the current state of the meter reading
system and back office employees can no longer effectively manage billing and collections
operations.
In consideration of all conditions and components of a comprehensive meter migration to AMI
technology, the City project team has indicated that a long-term solution for utility meter
reading should be approached to minimize both cost and operational impacts. Evaluation of all
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options independently and without bias has uncovered a clear direction of choice for moving
the infrastructure to high performance.
Given the following values of:
warranty upgrades,
improved utility revenues,
special provisions by Sensus,
favorable unit cost allocations,
integration simplicity with the Customer Information System, and
consideration for impacts to operations,
The best solution for the City is to migrate to AMI/FlexNet with Sensus. By eliminating the
need for development and implementation of a procurement process, the City gains critical
time in reversing the trend of failed meter registers that require manual reads causing
resources to be expended beyond capacity. The proposed solution and the attached
Agreement with Sensus includes specific performance parameters and milestones to ensure
efficient and effective operation of the system and adherence to the planned project goals and
objectives.
FI:
Sensus has agreed to work quickly with the City of Boynton Beach to resolve
ISCAL MPACT
the approximately 6,000 unheard (unread) meters with new AMI product deployment between
th
now and September 30 of 2012 through warranty replacement in parallel to product credit
utilization of $185,161. This parallel initial change-out phase will provide the ability of the City
to shift approximately 9,000 meters, or 30% of the entire City system, for only the cost of
installation of the credit portion of the phase. It is estimated that the labor component will not
exceed $66,000 at $20 per meter endpoint and is fully funded through the current fiscal year
CIP for meter replacements.
The financial and operational benefits of the Sensus AMI/FlexNet solution provides a clear
direction for the City to immediately address major operational impacts resulting from the
current automated system.
Elimination of practically all manual reads and related troubleshooting work orders will allow
City resources to re-direct limited staff to supporting account management orders from
Customer Relations. City staff has mapped a process for meter migration that maximizes the
operational and financial benefits of a continued relationship with Sensus through the attached
Agreement.
Project Schedule with Funding Allocations
The project is funded in the 2011-2012 Capital Improvement Plan for $3,121,000 over the next
two years. The following schedule anticipates a three (3) plus year migration and the related
costs net of Sensus warranty replacement costs.
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Units Equipment
Project MilestoneLabor CostsTotal CostsMilestone Notes
InstalledCosts
Project Planning The City will select a qualified firm to provide pre-deployment
Infrastructure Design planning services and project management infrastructure.
0 $ 6,500 $ 25,000 $ 31,500
May, 2012
Year 1 - Through Installation of warranty replacement upgrades and first year
9,000 $ - $ 66,000 $ 66,000
September 30, 2012credit utilization.
Year 2 - Through
7,000 $ 427,339 $ 140,000 $ 567,339 Assuming completion of credit utilization at $185,161
September, 2013
Year 3 - Through Meets minimum purchase requirements as contained in
7,500 $ 656,250 $ 150,000 $ 806,250
September, 2014project plan.
Year 4 - Through Meets minimum purchase requirements as contained in
6,600 $ 577,500 $ 132,000 $ 709,500
September, 2015project plan.
AMR to AMI Equipment Migration Only
Subtotal 30,100 $ 1,667,589 $ 513,000 $ 2,180,589
Includes tower construction-$15,000, added IT data storage-
$50,000, added IT equipment costs-$20,000. Labor costs
Added CIP Costs - FY
0 $ 85,000 $ 165,000 $ 250,000
includes IT contract labor costs-$65,000 plus migration project
2012 & 2013
management-$100,000
Contingency 10% of
Included for project overruns, labor adjustments, excessive
above Subtotal plus 0 $ 175,259 $ 67,800 $ 243,059
register repair, etc.
added CIP costs
Total of $2,673,648 compared to the adopted $3,121,000
Total30,100 $ 1,927,848 $ 745,800 $ 2,673,648 CIP allocation for an estimated project under run of
$447,352.
The AMI FlexNet IT operating costs ranges from $80,000 to $90,000 annually. These costs
may be partially offset in part by a limited reduction in meter staffing.
A:
Not to proceed with the attached Agreement with Sensus Metering Systems, Inc. or to
LTERNATIVES
replace current and future failed registers of automated meter reading (AMR) systems under warranty
with advanced metering infrastructure (AMI).
This is not recommended since time is of the essence to replace the continually failing registers of
automated meter reading (AMR) systems under warranty with advanced metering infrastructure (AMI) in
order to efficiently and effectively read water meters on a timely basis to protect Utility revenue for water
consumption and the resulting billing.
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9. A
PUBLIC HEARING
May 1, 2012
COBB
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CMD:
May 1, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
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A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
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DMINISTRATIVEEW USINESS
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GENDA TEM
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO. 12-007 - FIRST
EQUESTED CTION BY ITY OMMISSION
READING - Amending Section 26- 8, "Water and sewer connection, deposit and service charges", of the
City's Code governing water and wastewater rates. The revised fee structure for particular services
provided to utility customers will be effective July 1, 2012 (TABLED ON 4/17/12)
ER:
XPLANATION OF EQUEST
Utilities staff members in the Meter Services Division are responsible for field response to
customer requests for assistance, investigations from report or bill irregularities, and any other
work order issues for field verification in relation to utility services. In many cases, there are no
fees for these increasing demands for field services that are provided often at the request of
the customer. An analysis was prepared documenting the staff time and material costs along
with a comparison of other nearby jurisdictions.
The City of Boynton Beach Utility is either providing many courtesy services or the fees are
less than nearby water utilities. The last time fees were reviewed and revised was in 2002,
prior to that they were reviewed in 1990.
The recommended changes to fees fall into three (3) broad areas in Section 26-8 of our Code:
1. Field Visit Services,
2. Customer Tampering / Damages, and
3. Temporary Account Activation.
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Field Visit Services
1. Turn On or Turn Off Services - Currently there is a $20 fee for both “turn on” or “turn off”
services without a definition of related services. There is no fee change proposed,
however, staff is proposing an expansion of the definition of a field visit beyond just
turning on or turning off service. Other jurisdictions charge $20 - $32.
2. Meter Test Services (*) – Currently, we charge $20 to test meters of all sizes for
accurate reading at the request of customers. In reality, our actual costs range from
$130-$515 depending on the meter sizes. Other jurisdictions vary, but within the
proposed size ranges. Our proposed rates are based on our actual costs incurred
during calendar year 2011. During this period, we absorbed $4,850 in costs above the
fees we charged to customers. The proposed rates will raise revenues only to equal our
actual costs.
3. Customer Re-Read Request Service (*) - Currently, we charge $20 to re-read both
residential and commercial/multi-family meters. Our actual costs are $32 for residential
meters and $47 for the larger commercial/multi-family meters, respectively. The
proposed rates will increase annual revenues $3,470 only to equal our actual costs. The
proposed rates of $30 for residential re-reads and $40 for commercial/multi-family re-
reads is lower than nearby jurisdictions ranging from $20 to $50.
(*) No charge to customer if there is a meter error, City error, or a substandard flow rate
is detected.
Customer Tampering / Damages
In recent years, customer tampering and theft of water service has increased significantly
resulting in revenue losses. Tampering includes any manipulation of water meters or theft of
utilities services. Most of these incidents occur after a customer is shut off for non-payment or
after the water meter is removed, but can occur anywhere.
A few examples of customer tampering includes –
Breaking the valve or lock to turn their own water back on;
Stealing a meter from a vacant property and utilizing it at their own property;
By-passing the meter to get free water.
On average, Utilities comes across these situations about 10 – 20 times per month, depending
on the volume of shut-off for non-payments that are conducted.
Often, each incident requires several visits by -
Meter Services staff, including supervisor’s time,
Customer Relations monitoring,
Police time to create reports, and
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Water Distribution time and equipment to make the repairs.
All costs are currently absorbed by the City. Instituting these fees may deter this theft.
Currently, while the City is authorized to collect expenses for damages to meters by
customers, the basis of those expenses is proposed to be imposed on a per hour rate for staff
time plus material. However, there are no “penalty charges per occurrence” for any customer
meter tampering resulting in City property damages or theft incurred by customers.
The proposed rates add penalties of $50 and $150 per occurrence as a deterrent to tampering
with the meters. Nearby jurisdictions’ charge penalty rates ranging from $60 to $500 per
occurrence.
Temporary Account Activation
Section 26-8.1 will add the following paragraph (g):
(g) Temporary account activation for purpose of property inspection. Customer
shall be required to open a new account including a deposit under current rates. All
charges will be applied in same manner as they are for all new accounts.
Statutory Notice Requirement
Florida Statute 180.136 requires notice of proposed increases of any rate, charge or fee for
water or utility service as follows:
Water 180.136 or sewer utilities; notice.—Before a local government water or sewer utility
increases any rate, charge, or fee for water or sewer utility service, the utility shall provide
notice of the proposed increase to each customer of the utility through the utility’s billing
process. The notice shall state the date, time, and place of the meeting of the governing board
of the local government at which such increase will be considered. The notice required in this
section is in addition to any notice and public meeting requirements for ordinance adoption as
provided by general law.
To accommodate this notice requirement second reading of the Ordinance will occur on June
5, 2012 by which time all customer billing cycles will have been completed to provide the
required notice described above.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Changes to the fee for services will generate the appropriate revenue for services rendered.
Staff members are overburdened with courtesy services and follow-up services for customer
initiated inquiries.
Fees may discourage customers from unnecessary requests and encourage customers to be
more responsible for the request for services. This could result in a decrease in work order
requests and staff can concentrate on reading and maintenance activities that are required in
the system. Activities include repairs, installations, trouble shooting, and the delinquency
process and shut-offs for non-payment. This action could also relieve other divisions from the
burdens of assisting Meter Services in their day to day work activities.
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FI:
ISCAL MPACT
Revenue will now be generated for the actual cost of certain services that are not currently
charged or charged well below costs and what other nearby utilities charge their water
customers. The added revenue will supplement the utility rates and support the overall Utility
Enterprise Fund.
A:
LTERNATIVES
An alternative is to leave the fees at their current level and continue courtesy responses with
increasing staff demands and possibly unnecessary or costly visits to customers and field
locations.
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ORDINANCE NO. 12-007
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 26,
WATER, SEWERS AND CITY UTILITIES, SECTIONS 26-8 AND
26-8.1 TO REVISE THE FEES FOR PARTICULAR SERVICES TO
UTILITY CUSTOMERS; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS,
the Meter Services Division is responsible for field response to customer requests
for assistance, investigations from bill irregularities and other work order issues for field verification in
relation to utility services; and
WHEREAS,
there has been an increasing demand for these field services, often requested by the
customer, which in many cases, there are no fees; and
WHEREAS
, an analysis was prepared documenting staff time and material costs compared to
other nearby jurisdictions; and
WHEREAS,
the provisions of Section 180.136, Florida Statutes, requiring notice of proposed
increase to any rate, charge or fee for water or sewer utility service, have been satisfied, as the required
notice has been furnished to each utility customer through the City's regular billing process; and
WHEREAS
, the City Commission of the City of Boynton Beach, based upon the justification
provided by City staff, deems it to be in the best interests of the citizens and residents of the City to
amend Chapter 26, Water, Sewers and City Utilities, of the City of Boynton Beach Code of Ordinances
to provide for these necessary changes.
NOW, THEREFORE, BE IT ORDAINED 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. That Chapter 26, Article I, Section 26-8, entitled Water and sewer connection,
deposit and service charges, is hereby amended in part by adding the words in underline and deleting the
words that are struck-through as follows:
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Sec. 26-8. Water and sewer connection, deposit and service charges.
There is hereby established a fee structure for water and sewer service, field visits, turn-ons, meter connections
and deposits, and miscellaneous services as set forth below:
Field Visit Services Charge Per
Occurrence
Turn-on Field visit (Including, but not limited to: initial read on, initial read shut, final $20
read on, final read shut, temporary disconnects, non-emergency shut off for repair,
customer requested meter locates, and installation, movement, or removal of
hydrant/construction meters.)
Turn-off $20
Turn-on after hours $55
Turn-off after hours $55
Meter test (Based on meter size)* $20
¾” $130
1” $150
1 ½” $206
2” $230
3” and above $515
Re-read* (customer request) $20
Residential $30
Commercial / Multi-Family $40
Water shut-off charge for non-payment $40
Labor charge for meter upgrades $60
Flow test* $30
Dishonored checks $25
Late payment $10
*No charge if meter error, city's error, or substandard flow rate is detected. Any adjustments to the
utility bill will be no more than three (3) months.
Customer Tampering/Damages
The Utilities Department is authorized to collect expenses for damages to
Charge Per
meters/service by customers. If damages result from tampering, a per hour rate for
staff time and material will be applied. All charges will be assessed to the account Occurrence
where tampering/damages occurred.
Unauthorized reconnection of service $150
Pulled meter / reinstallation (In addition to the unauthorized reconnection of service $50
charge for instances in which unauthorized connections cannot be securely
disconnected due to tampering and/or damages or inability to lock the meter.)
Illegal meter bypass (For theft of service after meter has been pulled or if jumper lines $150
are used around existing meter. This charge may be applied alone or in addition to
other tampering charges.)
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Meter Connection Charges
Meter Size (in inches) Inside City Outside City Deposit
5/8” and ¾” $220 $275 $100
1” $255 $315 $125
1 ½” $455 $565 $250
2” $530 $660 $400
3” Furnished and installed by and at the expense of
$750
customer
4” Furnished and installed by and at the expense of
$1,250
customer
6” Furnished and installed by and at the expense of
$2,500
customer
8” Furnished and installed by and at the expense of
$4,000
customer
Construction Meters
Meter Size (in inches) Penalty for Nonread/month Deposit
¾” $25 $100
1” $25 $100
1 ½” $25 $200
2” $25 $200
Hydrant meter $150 $600
If the customer requests to increase the size of his water meter to a size greater than originally installed, the
customer shall pay only the differential cost between the original meter and the cost of the new meter for both the
connection and deposit charges.
Section 3. That Chapter 26, Article I, Section 26-8.1, entitled Water and sewer deposits;
accounts, credits, termination and re-connection is hereby amended by adding section (g) as follows:
Sec. 26-8.1 Water and sewer deposits; accounts, credits, termination and re-connection.
Accounts.
(a) All utility deposits collected by the city pursuant to this chapter shall be maintained
in a non-interest bearing account.
Credits on deposits for residential customers.
(b) On December 1st of each year the city will
refund utility deposits to residential customers who have maintained a consecutive twelve (12) month
satisfactory payment record and have established services for a consecutive twenty-four (24) month
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period. Accounts classified as commercial are not eligible for refunds described in section (b) hereof
prior to termination of service. For purposes of this section a "satisfactory payment record" shall mean
that the customer:
(1) Has not made more than one late payment after the expiration of 30 days from the date of
mailing.
(2) Has not paid with a check refused by the bank.
(3) Has not been disconnected for non-payment.
(4) Has not tampered with the meter.
(5) Has not used service in a fraudulent or unauthorized manner.
Notwithstanding the foregoing, if subsequent to the refund of the deposit to the residential customer, the
customer shall become delinquent for a period in excess of 30 days the city may require the customer to
pay a new deposit within 15 days of written notice. Said deposit shall also be subject to refund in
accordance with the provisions of this section.
Termination of service.
(c) Upon termination of service the deposit, if not already refunded to the
customers account, shall be credited against the final bill and the balance, if any, shall be returned to the
customer in the form of a check.
Re-connection.
(d) Customer shall be required to place a new deposit on account according to the
then current rate upon reconnection to the city system.
(e) Billing for utility service for parcels that will receive both water and sewer service shall
commence on the first day that either a sewer connection is made, or the water meter is set in place.
Billing for parcels receiving sewer service shall commence on the day that the sewer service line is
connected to the City's utility system. For initial billing periods of less than thirty (30) days, the base
facility charge will be pro-rated by multiplying the standard base facility charge by the number of days
the service was provided, and then dividing by thirty (30).
(f) Base facility charge. The base facility charge is defined as the monthly base fee charged per
unit that shall be levied upon the initiation of service. The base facility charge is used to defray those
non-consumption related operational expenses such as salaries, debt service, meter reading, billing and
maintenance activities associated with the City's utility department, that are incurred regardless of water
usage.
(g) Temporary account activation for purpose of property inspection. Customer shall be required
to open a new account including a deposit under current rates. All charges will be applied in same
manner as they are for all new accounts.
Section 4. Each and every other provision of Chapter 26, not herein specifically amended
shall remain in full force and effect as previously enacted.
Section 5. All ordinances or parts of ordinances in conflict herewith be and the same are
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hereby repealed.
Section 6. Should any section or provision of this ordinance or portion hereof, any
paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision
shall not affect the remainder of this ordinance.
Section 7. Authority is hereby granted to codify said ordinance.
Section 8. This ordinance shall become effective July 1, 2012.
FIRST READING
this 1st day of May, 2012.
SECOND, FINAL READING AND PASSAGE
this ________ day of ______________, 2012.
CITY OF BOYNTON BEACH, FLORIDA
_____________________________
Mayor – Woodrow L. Hay
_____________________________
Vice Mayor – Mack McCray
_____________________________
Commissioner – William Orlove
_____________________________
Commissioner – Steven Holzman
_____________________________
ATTEST: Commissioner – Marlene Ross
_____________________
Janet M. Prainito, CMC
City Clerk
(CORPORATE SEAL)
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Sec. 26-8. Water and sewer connection, deposit and service charges.
There is hereby established a fee structure for water and sewer service, field visits, turn-ons,
meter connections and deposits, and miscellaneous services as set forth below:
Field Visit Services Charge Per
Occurrence
Turn-on Field visit (Including, but not limited to: initial read on, initial $20
read shut, final read on, final read shut, temporary disconnects, non-
emergency shut off for repair, customer requested meter locates, and
installation, movement, or removal of hydrant/construction meters.)
Turn-off $20
Turn-on after hours $55
Turn-off after hours $55
Meter test (Based on meter size)* $20
¾” $130
1” $150
1 ½” $206
2” $230
3” and above $515
Re-read* (customer request) $20
Residential $30
Commercial / Multi-Family $40
Water shut-off charge for non-payment $40
Labor charge for meter upgrades $60
Flow test* $30
Dishonored checks $25
Late payment $10
*No charge if meter error, city's error, or substandard flow rate is detected. Any
adjustments to the utility bill will be no more than three (3) months.
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Customer Tampering/Damages
The Utilities Department is authorized to collect expenses for damages
to meters/service by customers. If damages result from tampering, a per Charge Per
hour rate for staff time and material will be applied. All charges will be Occurrence
assessed to the account where tampering/damages occurred.
Unauthorized reconnection of service $150
Pulled meter / reinstallation (In addition to the unauthorized $50
reconnection of service charge for instances in which unauthorized
connections cannot be securely disconnected due to tampering and/or
damages or inability to lock the meter.)
Illegal meter bypass (For theft of service after meter has been pulled or $150
if jumper lines are used around existing meter. This charge may be
applied alone or in addition to other tampering charges.)
Meter Connection Charges
Meter Size (in inches) Inside City Outside City Deposit
5/8” and ¾” $220 $275 $100
1” $255 $315 $125
1 ½” $455 $565 $250
2” $530 $660 $400
3” Furnished and installed by and at the
$750
expense of customer
4” Furnished and installed by and at the
$1,250
expense of customer
6” Furnished and installed by and at the
$2,500
expense of customer
8” Furnished and installed by and at the
$4,000
expense of customer
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Construction Meters
Meter Size (in inches) Penalty for Nonread/month Deposit
¾” $25 $100
1” $25 $100
1 ½” $25 $200
2” $25 $200
Hydrant meter $150 $600
If the customer requests to increase the size of his water meter to a size greater than originally
installed, the customer shall pay only the differential cost between the original meter and the
cost of the new meter for both the connection and deposit charges.
Sec. 26-8.1 Water and sewer deposits; accounts, credits, termination and
re-connection.
Accounts.
(a) All utility deposits collected by the city pursuant to this chapter shall be
maintained in a non-interest bearing account.
Credits on deposits for residential customers.
(b) On December 1st of each year the city
will refund utility deposits to residential customers who have maintained a consecutive twelve
(12) month satisfactory payment record and have established services for a consecutive
twenty-four (24) month period. Accounts classified as commercial are not eligible for refunds
described in section (b) hereof prior to termination of service. For purposes of this section a
"satisfactory payment record" shall mean that the customer:
(1) Has not made more than one late payment after the expiration of 30 days from the
date of mailing.
(2) Has not paid with a check refused by the bank.
(3) Has not been disconnected for non-payment.
(4) Has not tampered with the meter.
(5) Has not used service in a fraudulent or unauthorized manner.
Notwithstanding the foregoing, if subsequent to the refund of the deposit to the residential
customer, the customer shall become delinquent for a period in excess of 30 days the city may
require the customer to pay a new deposit within 15 days of written notice. Said deposit shall
also be subject to refund in accordance with the provisions of this section.
Termination of service.
(c) Upon termination of service the deposit, if not already
refunded to the customers account, shall be credited against the final bill and the balance, if
any, shall be returned to the customer in the form of a check.
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Re-connection.
(d) Customer shall be required to place a new deposit on account
according to the then current rate upon reconnection to the city system.
(e) Billing for utility service for parcels that will receive both water and sewer service shall
commence on the first day that either a sewer connection is made, or the water meter is set in
place. Billing for parcels receiving sewer service shall commence on the day that the sewer
service line is connected to the City's utility system. For initial billing periods of less than thirty
(30) days, the base facility charge will be pro-rated by multiplying the standard base facility
charge by the number of days the service was provided, and then dividing by thirty (30).
(f) Base facility charge. The base facility charge is defined as the monthly base fee
charged per unit that shall be levied upon the initiation of service. The base facility charge is
used to defray those non-consumption related operational expenses such as salaries, debt
service, meter reading, billing and maintenance activities associated with the City's utility
department, that are incurred regardless of water usage.
(g) Temporary account activation for purpose of property inspection. Customer shall be
required to open a new account including a deposit under current rates. All charges will be
applied in same manner as they are for all new accounts.
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9. B
PUBLIC HEARING
May 1, 2012
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RACC:
PROPOSED ORDINANCE NO. 12-010 - FIRST
EQUESTED CTION BY ITY OMMISSION
READING - Amend the Land Development Regulations (LDR) to implement recommendations of the
Moratorium Study, Notice of Intent (NOI) #2011-01, pertaining to 1) location of not-for-profit uses in
certain zoning districts, and 2) the replacement of the lists of approved uses for the three Planned
Industrial Development Districts (PIDs) with the standard use regulations listed in the Use Matrix.
ER:
The NOI #2011-01 was adopted by the City Commission on
XPLANATION OF EQUEST
November 15, 2011 to allow staff 180 days to undertake a study to review zoning regulations
pertaining to location options of tax exempt not-for profit uses in the City. The moratorium
expires on May 14,2012. The study was intended to implement three Initiatives (11, 12, and
13) of the Economic Development Program and Initiatives adopted by the City Commission at
the October 18, 2011 meeting, with the emphasis on provisions for tax-exempt uses in the
context of a more comprehensive analysis of how to maximize economic and fiscal value of
development in C-3, C-4, PCD, PID, M-1 and mixed use zoning districts.
On February 21, 2012, the City Commission, prompted by a request from the Christ Fellowship
Church to support the acquisition of the Dillard’s property at the Boynton Beach Mall, voted to
remove places of religious assembly and religious institutions from the scope of work under the
moratorium. Also, on April 3, 2012, the City Commission voted to remove charter schools in
PID zoning districts from the moratorium. However, such uses have remained a part of the
study and its recommendations.
Background
Tax-exempt/not for profit uses
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The tax-exempt/not-for-profit establishments comprise several types of uses, which generally
fall into the religious, charitable/social, educational, scientific/medical and cultural categories.
Within the City, the two largest groups are places of religious assembly/religious institutions
and K-12 schools, including charter schools. There are currently 25 properties occupied by tax-
exempt/not for profit entities in the zoning districts that are subject to the Moratorium. They
include 10 churches/religious institutions, five civic/fraternal organizations, five schools, three
social service agencies, one hospital-owned facility and one governmental agency (see Exhibit
“A” for the complete list). Two of these establishments are lessees; the remaining 23 are
owner-occupiers.
If a not-for-profit owns the property on which it conducts its activities, it can apply to the Palm
Beach County Appraiser’s Office for tax-exempt status. If it leases, the property cannot be tax-
exempt unless the lessor is also a not-for-profit entity and has a tax-exempt status. The latter
provision does not apply to charter schools, which can convey the tax-exempt status on the
leased property regardless of who the lessor is.
Costs and benefits of not-for profits
While the not-for-profits provide many useful services, they also impose a cost on the city
since they consume public services but do not pay taxes. The property tax revenue loss can
be substantial. The 2011 summary value of the 25 not-for-profit properties was $76,720,637;
the resultant property tax revenue would have been $551,936, about 2% of the total 2011
taxes levied. Please note that this amount does not represent a revenue loss for the City
stemming from the not-for-profit ownership of these properties; rather, it represents the
revenue the City would have received from said properties in the absence of the tax
exemption. Unfortunately, it is impossible to estimate the property tax revenues from potential
alternative commercial or industrial developments on these sites, or the forgone benefits from
such developments contributing to the overall commercial mix in the area.
Not-for-profits provide important public benefits to the City. They also have local economic
impacts, driven by their employment and purchasing behaviors. Nevertheless, there is a
rationale for limiting their presence in selected zoning districts. Firstly, there is a limited number
of vacant parcels remaining in commercial and industrial zoning districts - 71 properties, for a
total of 120 acres (there are an additional eight vacant parcels, with approximately 16 acres, in
the mixed use zoning districts; for details, see Exhibit “C”). As the economy recovers, the City
will continue to work to attract new businesses to locate on the available vacant sites, or to
redevelop sites with obsolete structures. In many areas, these developments would enhance
the existing business mix, improve the overall commercial appeal of the area and stimulate
further improvements. Finally, limiting the locational options of not-for-profits would increase
the real property tax base, which has shrank over 11% since 2005, and thus generate
additional funds for the City to provide services to residents and other businesses.
Scope of the study and summary of recommendations
Not-for-profits
Staff reviewed the City’s zoning code with respect to principal uses that are not-for-profit, or
uses that can potentially fall into this category, and that are clearly defined in the land
ChurchesCivic & Fraternal
development regulations. The list of uses considered includes ;
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OrganizationsMuseumsColleges, Seminaries, and Universities Schools.
; ; ; andIn addition,
Social Service Agency.
staff is proposing to create a new principal use,
Staff also reviewed codes of four neighboring municipalities - Boca Raton, Delray Beach,
Greenacres, and West Palm Beach. Such broad comparisons are somewhat difficult, given the
differences in use definitions and in purpose and character of zoning districts in each of the
codes. However, the reviews revealed and determined that:
most of the municipalities apply similar standards to religious institutions as to other places
of public assembly (typically clubs and lodges), an approach that would help warding off
challenges based on RLUIPA (The Religious Land Use and Institutionalized Persons Act),
a federal law enacted in 2000 to protect religious institutions from unduly burdensome or
discriminatory land use regulations; and
the zoning regulations of Boca Raton and West Palm Beach include a “not-for-profit” use
category but none of the municipalities appears to regulate these or other potentially not-
for-profit uses with the purpose similar to that of the subject study.
It appears that no other municipality in the Palm Beach County has undertaken a review of the
th
not-for-profit provisions in its code. On April 12, planning staff of the Village of Palm Springs
presented an analysis of the not-for-profits’ impact on tax revenues to the Village Council;
however, no direction to staff have been issued.
Recommendation
Staff’s recommendations pertaining to provisions for location of not-for-profit uses are
summarized as follows (see Exhibit “B”, proposed changes to LDR, for details):
Not-for-profit uses would not be allowed in the C-3, C-4, CBD, PCD, M-1 and PID zoning
districts, which are intended to attract commercial and industrial projects. Exceptions
Schools, Primary and Secondary
include , which can locate on Quantum lots with a
Governmental & Institutional (“G & I”) land use option.
Not-for-profit uses would be allowed in the mixed use district if 1) integrated into mixed use
buildings, and 2) below a certain size limit for both building and development as a whole.
If no longer permitted, previously approved uses would be deemed conforming to the
extent that the building, and/or area occupied by the use would not be permitted to expand
by more than 20%.
PID uses
The City has three Planned Development Districts – Quantum Park of Commerce, Boynton
Beach Commerce Center and High Ridge Commerce Park. Historically, these were set apart
from other zoning districts, both conventional and planned, in that each has its own list of
approved uses. As a result, the lists, aside from general categories of uses, reflect narrowly
defined types of establishments currently, or previously present in a specific PID. New uses
Use Approval Process
are added from time to time to the respective list through a . Please note
that the Quantum Park of Commerce is also a Development of Regional Impact (DRI), and has
lot-specific general use designations. A DRI is governed by its own set of regulations and the
proposed change of use requires the applicant to go through additional processes.
Recommendation
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Staff recommends that the three use lists be eliminated. Instead, the PID use regulations
would be consolidated within the Use Matrix (see Exhibit “B”), allowing for the following
benefits:
New uses would be allowed as some of the existing narrowly-defined uses are absorbed
into larger categories and other Use Matrix categories are added.
Code information would be presented in a significantly more consistent and user-friendly
manner.
Use Approval
The process would be eliminated, resulting in a reduction of the overall
processing time.
Economic development-based criteria for selected applications
Land Use Amendment and Rezoning applications are subject to specific review criteria, last
amended as part of the LDR Rewrite. Staff reviewed these criteria and found them lacking the
objectives embedded in the Economic Development Program and Initiatives.
Recommendation
Staff proposes additional economic development-driven criteria to be considered for reviews of
the above mentioned applications and, additionally, for review of a Master Plan Modification
application for PID zoning districts, and a Notice of Proposed Change (NOPC) for DRIs (see
Exhibit “B”). The criteria target two major concerns:
The project’s economic impact, locally and city-wide, in terms of job creation and the
potential to enhance the local commercial appeal as well as the City overall market
competitiveness; and
The project’s fiscal impact, in terms of growth and diversification of the City’s tax base
Timetable for completion of work
Contrary to the standard process, staff proposes that second reading and adoption of the
ordinance be delayed until the June 19, 2012 City Commission meeting, to allow for a review
nd
by the Planning and Development Board on May 22, and for the consideration by the City
Commission of any potential recommendations made by the Board.
Since the moratorium expires on Sunday, May 13, 2012, a Resolution amending the NOI #
2011-01 is being processed concurrently to extend the moratorium through June 19, 2012.
This extension would accommodate the above schedule for completion of the work.
H?
The subject amendments would
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
implement initiatives 11, 12 and 13 of the Economic Development Program and Initiatives.
FI:
The subject amendments are projected to have a positive fiscal impact over
ISCAL MPACT
time.
A:
Not to adopt the proposed ordinance.
LTERNATIVES
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ORDINANCE 12-____
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA AMENDING PART III, "LAND DEVELOPMENT
REGULATIONS", CHAPTER 1, ARTICLE II. DEFINITIONS, CHAPTER 2,
ARTICLE I. OVERVIEW, CHAPTER 2, ARTICLE II. PLANNING AND
ZONING DIVISION SERVICES, CHAPTER 3, ARTICLE III. ZONING
DISTRICTS AND OVERLAY ZONES, CHAPTER 3, ARTICLE IV. USE
REGULATIONS, CHAPTER 3, ARTICLE III. EXTERIOR BUILDING AND
SITE DESIGN STANDARDS, TO IMPLEMENT RECOMMENDATIONS OF
THE MORATORIUM STUDY, NOTICE OF INTENT 2011-01; PROVIDING
FOR CONFLICT, SEVERABILITY, INCLUSION; AND EFFECTIVE DATE.
WHEREAS,
on November 15, 2011, the City Commission adopted Notice of Intent #2011-01 to
allow staff 180 days to undertake a study to review zoning regulations pertaining to location options of
tax exempt not-for-profit uses in the City; and
WHEREAS,
the study was intended to implement three Initiatives (11, 12 and 13) of the
Economic Development Program and Initiatives adopted by the City Commission at the October 18,
2011 meeting with the emphasis on provisions for tax-exempt uses in the context of a more
comprehensive analysis of how to maximize economic and fiscal value of development in C-3, C-4,
PCD, PID, M-1 and mixed use zoning districts; and
WHEREAS,
staff recommends the adoption of the attached revisions to the Land Development
Regulations as they will implement initiatives 11, 12 and 13 of the Economic Development Program and
Initiatives.
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 Code of Ordinances of the
City of Boynton Beach is hereby amended as follows:
SEE ATTACHED EXHIBIT “A”
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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 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. This Ordinance shall be effective immediately after adoption by the City Commission.
PASSED FIRST READING this ___ day of __________, 2012.
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SECOND AND FINAL READING ADOPTED this ___ day of ________, 2012.
CITY OF BOYNTON BEACH, FLORIDA
_________________________________
Mayor – Woodrow L. Hay
_________________________________
Vice Mayor – Mack McCray
_________________________________
Commissioner – Woodrow L. Hay
_________________________________
Commissioner – Steven Holzman
_________________________________
Commissioner – Marlene Ross
ATTEST:
______________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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11. A
UNFINISHED BUSINESS
May 1, 2012
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ETTLEMENTS
RACC:
Rank City Manager candidates based on individual
EQUESTED CTION BY ITY OMMISSION
interviews and provide direction on additional phases of the search process.
ER:
Background Information
XPLANATION OF EQUEST
On March 20, 2012, Commission directed Human Resources to arrange for individual phone
interviews with the each of the six (6) candidates. These interviews were held during the week
of April 16, 2012.
Candidate Ranking
1. As a result of Commissioner’s individual interviews with each of the candidates,
Commission will discuss and rank each of the candidates on the “Individual Candidate
Ranking” form (see attached). Each member of Commission will assign from 1 – 6
points to each candidate; the lowest score indicates the first (top) ranked candidate.
Attachment - Individual Ranking Sheet
2. Each member of Commission will give their ranking to Director of Human Resources
who will record the scores and announce the collective ranking of the candidates.
3. Commission will determine which of the six (6) candidates they wish to invite to the City
for a Public Interview.
Discuss Next Steps
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Commission will discuss and determine the process for the next step in the search process.
Process Recommendation
Identify Dates and Times for Interview Process
Provide Travel and Accommodations to Out-of-Area Candidates
Day 1 – Host a Meet and Greet Welcome Reception late afternoon/early evening
Day 2 – Public Interview of Candidates by Commission at a Special Meeting
Public Interview Process Recommendations
1. Each of the six candidates will make a presentation of a Ninety (90) Day Plan.
2.
Following each presentation, Commission will interview each of the six candidates,
(Questions will be coordinated between the Human
asking them specific questions.
Resources Director and Commission.)
3. At the conclusion of the presentations and interview questions, Commission then
publically deliberates.
Candidate Selection
Commission votes to select a candidate:
1. If the Commission returns a super-majority vote (4 – 1 or 5 – 0) in favor of one of the
candidates, including the current Interim City Manager, Lori LaVerriere, Commission will
provide authorization for the City Attorney to negotiate a contract with the selected
individual.
2. If Commission returns less than a super-majority vote for all candidates, the Interim City
Manager continues in her role.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Establishing consensus on procedures will assist in the selection process.
FI:
ISCAL MPACT
Historical Costs
Assessments were conducted at no cost in partnership with Workforce Alliance.
Nominal costs for advertising plus staff time spent on the project.
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Current Costs
Staff time spent on the project
Future Costs
Travel and accommodations for out-of-area candidates. (Approximately $1,000 per out-
of-area candidate).
Nominal cost for hosting Welcome Reception.
Staff time spent on the project.
A:
LTERNATIVES
1. Commission identifies alternatives or modifications to the recommendations provided by
staff.
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Individual Ranking Sheet
City Manager Candidates
May 1, 2012
Ranked By:
______________________________________
Candidate Name Ranking Points
Kelvin Baker
Michael Miller
Walter Munchheimer
Scott Randall
Oscar Rodriguez
Michael Stampfler
Please assign 1 - 6 points for each candidate; the candidate with the lowest point value will be ranked
first.
*NOTE: ONCE COMPLETED, THIS FORM IS A PUBLIC RECORD.
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11. B
UNFINISHED BUSINESS
May 1, 2012
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RACC:
Presentation and discussion of two proposals for
EQUESTED CTION BY ITY OMMISSION
Redevelopment of Old High School.
ER:
XPLANATION OF EQUEST
Background
(Attachment 1),
Based on the results of the Redevelopment Business Plan dated May 2011 the City
(Attachment 2)
issued an RFP for the redevelopment of the Old High School in October of 2011.
Responses were due on November 17, 2011. The City received no responses to the RFP.
Late in November former Mayor Rodriguez was approached by the Lansing Melbourne Group offering
(Attachment 3)
to create a concept plan and finance package to attract capital to the project .
Additionally, the CRA Director suggested reaching out to the only developer who had attended the RFP
pre-bid meeting but who ultimately did not respond; New Urban Communities to determine why they
did not respond to the RFP.
(See Attachment 4)
At the December 13, 2011 CRA Board meeting, there was discussion of how to
proceed with these potentially interested parties. At the same meeting Rudolph Pascucci spoke about
the Palm Beach Museum of Natural History and its potential interest in the Old High School.
The CRA Board was very interested in seeing if any of the proposals could be developed into a feasible
concept. The Board directed Vivian Brooks, CRA Director to work with the groups to bring forward
proposals to the City Commission.
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In staff’s discussions with the Palm Beach Museum of Natural History it became apparent that their goal
of fundraising to renovate the Old High School would take several years and could still ultimately come
up short. Additionally, New Urban did not have a specific use in mind for the Old High School.
Therefore, it made sense for the two parties join forces to submit one proposal.
The Lansing Melbourne Group also decided to submit a redevelopment proposal. A synopsis of the two
proposals follows.
Synopsis of Conceptual Proposals
1.The Lansing Melbourne Group - This concept includes a number of uses within the building
including a market, museum area, teaching area, retail and event space.
This proposal includes adding approximately 30,000 sq. ft. to the existing building for a total of
60,000 sq. ft. Additionally, a portion of the land to the west of the building will be turned into a
private garden to be used for events such as weddings.
This concept contemplates that the City will contribute the building and land at no cost and that the
CRA will contribute TIF funds annually in the amount of $75,000. Other sources of funds will be
traditional loans, New Markets Tax Credits, Historic Tax Credits and Owner Equity.
Total Project Cost is approximately $9.1M. The project would be fully taxable.
2.New Urban Communities/The Palm Beach Museum of Natural History – This concept covers a
greater area than just the Old High School building and grounds. The Museum of Natural History
would be the sole tenant of the renovated High School. The museum would operate seven days a
week and would have space for public meetings, events, etc.
This concept also includes 75 residential for rent units scattered throughout the Town Square area on
City-owned land in a campus-like setting. The architecture and scale are in keeping with the
surrounding neighborhood. All of the buildings are two-story and will be designed to appear as if
they are separate townhomes. Several buildings on Ocean Avenue across from the Museum will be
live/work units to allow for artists or small businesses.
The proposal financing includes land from the City and CRA, traditional debt financing, New
Markets Tax Credits, Historic Tax Credits and a guarantee from the CRA for any commercial rent
shortfall in order to protect the New Markets Tax Credit allocation. The project would be fully
taxable.
Attachments:
1.Historic Boynton Beach High School Redevelopment Business Plan -May 2011
2.RFP issued October 2011
3.The Lansing Melbourne Group November 2011 Proposal for Professional Services
4.CRA Board Meeting Minutes December 13, 2011
5.The Lansing Melbourne Group Proposal
6.New Urban Communities/The Palm Beach Museum of Natural History
H?
TBD
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
TBD
ISCAL MPACT
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A:
TBD
LTERNATIVES
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13. A
LEGAL
May 1, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 1, 2012
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. R12-042 - Approve
EQUESTED CTION BY ITY OMMISSION
extension of the moratorium commenced under the “Notice of Intent” to study zoning regulations,
through June 19, 2012 (37 days) to cover the period required to finalize the review and consideration of
recommended amendments to the zoning and land development regulations intended to implement
Economic Development Implementation Initiatives.
ER:ER:
A moratorium commenced on
XPLANATION OF EQUESTXPLANATION OF EQUEST
th
November 15 pursuant to a “Notice of Intent” issued by the Commission announcing the
undertaking of a zoning study that involved, in part, an analysis of the fiscal impacts of tax
exempt not-for-profit entities that locate in certain zoning districts. The moratorium period was
originally approved for 180 days (May 13, 2012), and as described in Resolution R11-129 and
the corresponding agenda cover sheet, the period could be extended by the Commission after
holding a public hearing on same.
th
Extension of the temporary moratorium to June 19 will allow time for the review of the
nd
proposed amendments by the Planning & Development Board on May 22, consideration by
th
the Commission of any new recommendations at its June 5 meeting, and for possible
th
revisions and adoption of final versions of recommended amendments on June 19. Although
contrary to the normal process for adopting ordinances, this facilitates First Reading of the
proposed ordinance prior to the initial expiration of the moratorium, and the minimal time
needed for final completion of the review and adoption of the proposed amendments.
Please see the staff analysis and proposed amendments provided as a separate agenda item
st
prepared for this May 1 meeting.
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H?
Continued effectiveness of the
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
moratorium ensures that development or business activity that is subject to the NOI is
prevented during the final period necessary to adopt the proposed regulations, and potential
impacts of economic development initiatives are maximized.
FI:
Minimizing the growth of businesses that are exempt from property taxation
ISCAL MPACT
and do not further the City’s economic development initiatives during the study period.
A:
Not approve subject resolution and extension during final consideration of
LTERNATIVES
proposed amendments to regulations.
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RESOLUTION NO. R12-
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING A SIXTY DAY EXTENSION OF THE
“NOTICE OF INTENT” APPROVED BY RESOLUTION NO. R11-
129; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the City Commission approved a Notice of Intent (NOI #2011-01) by Resolution R11-
129 on November 15, 2011; and
WHEREAS,
the Notice of Intent was to be in effect from the date of adoption and thereafter for a
maximum period of 180 days, unless otherwise extended by the City Commission by subsequent Resolution
following public hearing; and
WHEREAS,
staff has recommended the temporary moratorium be extended for 37 days thereby
extending the time period from May 13, 2012 to June 19, 2012 to allow time for review of the proposed
nd
amendments by the Planning & Development Board on May 22, consideration by the City Commission of
th
any new recommendations at its June 5 meeting and for possible revisions and adoption of final version of
recommended amendments on June 19, 2012.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida does hereby issue the
Notice of Intent attached hereto as Exhibit “A”.
Section 2. The City Commission of the City of Boynton Beach, Florida does hereby extend the
Notice of Intent #2011-001, originally approved by Resolution No. R11-129, for an additional thirty-seven
days, through June 19, 2012.
Section 5. That this Resolution shall become effective immediately upon passage.
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PASSED AND ADOPTED this ____ day of May, 2012.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Woodrow L. Hay
______________________________
Vice Mayor – Mack McCray
______________________________
Commissioner – William Orlove
_______________________________
Commissioner – Steven Holzman
_______________________________
ATTEST: Commissioner – Marlene Ross
_________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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13. B
LEGAL
May 1, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 1, 2012
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. 12-008 - FIRST
EQUESTED CTION BY ITY OMMISSION
READING - Approve amendments to the Historic Preservation Ordinance as codified in the Land
Development Regulations (LDR) Part III, Chapter 1, Article II (Definitions), Part III, Chapter 1, Article VII,
(Administrative and Decision Making Bodies), and Part III, Chapter 4, Article IX (Building, Construction
and Historic Preservation) (TABLED ON 4/17/12)
ER:
The City is in the process of applying to the Department of State,
XPLANATION OF EQUEST
Division of Historical Resources for Certified Local Government (CLG) certification. The CLG
program is a preservation partnership between local, state and national governments which is
jointly administered by the National Park Service and the State Historic Preservation Office.
The benefits of CLG certification include eligibility to apply for federal funds allocated for CLG
certified municipalities, participation in the review and approval of nominations to the National
Register, technical training and assistance, and formal recognition that the City Historic
Preservation Program meets state and federal standards. CLG certification also highlights the
City’s commitment to the protection of its historic resources.
The CLG application form contains a list of requirements that must be included in the Historic
Preservation Ordinance to receive certification. Although the existing Ordinance includes many
of these items, some require further explanation and additional items must be included. The
main changes include a fuller description of the operation and duties of the Historic Resources
Preservation Board (HRPB), additional criteria for the designation of historic sites, a simplified
application process for the designation of historic sites and Certificate of Appropriateness
applications, a description of the procedure for the nomination of sites to the National Register
of Historic Places, amendments to the criteria for new construction and additions, and further
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details on the application requirements for a Certificate of Economic Hardship. The proposed
wording is consistent with the respective ordinances of other CLG certified municipalities.
The proposed amendments have already been reviewed by the Division of Historical
Resources to ensure they meet CLG requirements.
H?
CLG certification will further the City’s
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Historic Preservation Program, will confirm the program meets state and federal standards,
and will allow the City to apply for CLG funding.
FI:
None
ISCAL MPACT
A:
Approve request, approve with modifications, deny request
LTERNATIVES
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ORDINANCE NO. 12-008
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AMENDING PART III – LAND DEVELOPMENT
REGULATIONS, CHAPTER 1, ARTICLE II, DEFINITIONS; AMENDING
CHAPTER 1, ARTICLE VII, ADMINISTRATIVE AND DECISION MAKING
BODIES, SECTION 4; AMENDING CHAPTER 4, ARTICLE IX, BUILDING,
CONSTRUCTION AND HISTORIC PRESERVATION, SECTION 6, ALL
AMENDMENTS ARE NECESSARY FOR CERTIFIED LOCAL GOVERNMENT
CERTIFICATION FROM THE DEPARTMENT OF STATE, DIVISION OF
HISTORICAL RESOURCES; PROVIDING A CODIFICATION, SEVERABILITY,
CONFLICTS AND AN EFFECTIVE DATE.
WHEREAS
, the City is in the process of applying to the Department of State, Division of
Historical Resources for Certified Local Government (CLG) certification;; and.
WHEREAS
, the benefits of CLG certification include eligibility to apply for federal funds
allocated for CLG certified municipalities, participation in the review and approval of nominations to
the National Register, technical training and assistance and formal recognition that the City Historic
Preservation Program meets state and federal standards; and
WHEREAS
, upon staff recommendation, the City Commission approves the amendments
contained herein to the City’s Historic Preservation Ordinance so that Certified Local Government
certification can be obtained from the Department of State, Division of Historical Resources.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA that:
Section 1.
That the foregoing "WHEREAS" clause is true and correct and hereby ratified and
confirmed by the City Commission.
Section 2.
Chapter 1, Article II, Definitions, of the Land Development Regulations, is
hereby amended by adding the words and figures in underlined type, as follows:
…
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HISTORIC PRESERVATION
- Any definition set forth in 36 C.F.R. Part 60 (the then-current
Code of Federal Regulation, as may be amended from time to time) shall be included in the
definition for such term (and shall control to the extent there is a conflict of meaning), or as an
additional definition, if such term is not otherwise defined:
ALTERATION
- Any construction or change of a Resource.
BOARD
- The Boynton Beach Historic Resources Preservation Board (HRPB).
BOYNTON BEACH REGISTER OF HISTORIC PLACES
- An official listing
maintained by the City of all Historic Properties and Historic Districts so designated by
this ordinance.
BUILDING(S)
- A construction, such as a house, garage, church, or hotel, created
principally to shelter any form of human activity.
CERTIFICATE OF APPROPRIATENESS
- A document evidencing approval by the
Board or the City staff for work proposed by an applicant.
CERTIFICATE OF ECONOMIC HARDSHIP
- A document evidencing approval by
the Board of an application for economic hardship as that term is defined in this
ordinance.
CERTIFIED LOCAL GOVERNMENT (CLG)
- A local government approved by the
Florida Department of State, Division of Historical Resources, to perform certain historic
preservation functions.
CONTRIBUTING PROPERTY
- A Property that contributes to the historic
significance of a Historic District by location, design, setting, materials, workmanship,
feeling, and association and thus adds to the District’s sense of time, place, and historical
development.
DEMOLITION
- Any act or process that partially or totally destroys a Resource.
DESIGN GUIDELINES HANDBOOK
- Document utilized by the City which
illustrates examples of design features, historic styles and treatment options which
preserve the historical, cultural and architectural character of a Historic District or
Property.
DISTRICT
- (see Historic District).
ECONOMIC HARDSHIP
- An onerous, extreme and exceptional economic burden that
would be placed upon a property owner by the denial of an application for a certificate of
appropriateness or by the imposition of conditions placed on the granting of such
certificate.
EFFECT
- A change in the quality of the historical, architectural, archaeological or
cultural significance of a Property or District, or in the characteristics that qualify the
Property or District as historically important.
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FLORIDA MASTER SITE FILE
- An archive and database of all known
archaeological and historical sites and districts recorded within the state of Florida that is
maintained by the Florida Department of State Division of Historical Resources and is
organized alphabetically by county and numerically, as recorded.
HISTORIC DISTRICT
- A geographically definable area designated by the City
Commission as possessing a significant concentration, linkage, or continuity of Properties
united historically or aesthetically by plan or physical development.
HISTORIC PROPERTIES
- Those Properties designated by the City Commission as
being of historical, cultural, architectural or archaeological importance.
NATIONAL REGISTER OF HISTORIC PLACES
- The official Federal list of
Historic Districts, Sites, Buildings, Structures, and Objects significant in American
history, architecture, landscape architecture, engineering, archaeology, and culture.
Authorized under the National Historic Preservation Act of 1966, and by 36 C.F.R. 60 as
each may be amended from time to time, and maintained by the U.S. Department of the
Interior.
NON-CONTRIBUTING PROPERTY
- A classification applied to a Property within a
Historic District signifying that it does not contribute to the qualities that give the
Historic District cultural, historical, architectural, or archaeological significance as
embodied in the criteria for designation of a District, but which because of its location
within a District should follow the review procedures required by this ordinance.
OBJECT
- A primarily artistic item closely linked to the history of the property. Said
item is typically relatively small in scale and simply constructed, such as a statue,
milepost, statuary, or fountain.
PROPERTY
- Area of land containing a single historic resource or a group of resources,
which may include any of a Building, Site, Structure, Object, or District.
RECONSTRUCTION
- The process of reproducing by new construction the exact form
and detail of a demolished Property as it appeared at a certain point in time.
REHABILITATION
- The process of repairing or altering a Property so that an
efficient, sustainable and appropriate contemporary use is achieved, which while
preserving those significant historical, architectural, or cultural features which establish
the character of the Property.
RELOCATION
- Any change of the location of a Building, Structure or Object from its
present setting to another setting.
RESOURCE
- A Building, Site, Structure, Object, or District that reflects historical,
archaeological, or cultural significance.
RESTORATION
- The process of accurately recovering the form and details of a
Property as it appeared at a particular period of time, which may involve the removal of
later additions or Alterations, or the replacement of missing features.
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SECRETARY OF THE INTERIOR’S STANDARDS FOR REHABILITATION
- A
federal document set forth in 36 C.F.R. 67, as amended from time to time, which
provides guidance on the sensitive Rehabilitation of a Historic Property.
SETTING
- The physical environment of a Property, including all landscape elements.
SITE
- The location of an event, a prehistoric or historic occupation or activity, or a
building or structure, whether standing, ruined, or vanished, where the location itself
possesses historic, cultural, or archaeological value regardless of the value of any existing
structure.
STRUCTURE(S)
- A combination of materials to form a construction, generally used to
distinguish from Buildings those functional constructions made for purposed s other than
creating human shelter. (For example, a bridge, wall, fence, pond).
SURROUNDING BUILDINGS
- For a Property on an interior lot, the properties
adjacent to across the street and on either side of the property across the street from the
subject Property; for a Property on a corner lot, the properties adjacent to, across both
streets, the property on the diagonal corner, and the properties adjacent to the properties
across both streets and adjacent to the diagonal corner from the subject Property.
Section 3. Chapter 1, Article VII, Administrative and Decision Making Bodies, Section 4, of
the Land Development Regulations is hereby amended by adding the words and figures in underlined
type, as follows:
Section 4. Historic Resources Preservation Board.
A. Terms and Definitions.
See Chapter 1, Article II for all applicable terms and
definitions which pertain to the regulations and standards contained herein.
B. Establishment, Composition and Terms.
The Historic Resources Preservation
Board shall consist of seven (7) members and two (2) alternate members who shall be
appointed by the City Commission. Members need not be residents or owners of
businesses that are within the City, but preference shall be given to individuals who shall
reside or have a principal place of business in the City. Where possible, a minimum of
two (2) members shall be chosen from among the disciplines of architecture, history,
architectural history, archaeology, landscape architecture or planning. A minimum of
three (3) additional members of the Board shall be experienced in the areas of
commercial development, real estate, banking or law. The two (2) remaining members
shall be citizen members at large. The two (2) alternate members shall be from any of the
foregoing professions or citizen members at large. All members shall have demonstrated
a special interest, experience or knowledge in historic preservation or closely related
disciplines.
Members of the Board shall serve three (3) year terms. Of the initial appointments, four
(4) members shall be appointed for a term of three (3) years and three (3) members shall
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be appointed for a term of two (2) years. Alternate members shall be appointed for a term
of two (2) years. Vacancies on the Board, including expired terms shall be filled within
sixty days by persons with the same background as the original appointee, or related
field, in order to maintain the desired Board makeup.
The Board shall hold a minimum of four meetings per year at regular intervals. All
meetings of the Board shall be publicly announced and will have a previously advertised
agenda. The meetings shall be open to the public.
Persons serving on the board are encouraged to attend educational meetings or workshops
to develop a special interest, expertise, experience or knowledge in preservation,
architecture, or quasi-judicial boards.
The City shall appoint a professionally qualified historic preservation planner to advise
and assist the Board, carry out delegated responsibilities, and undertake the requirements
for Certified Local Government certification.
C. Procedures and Quorum.
The Board shall establish adopt rules of procedures,
subject to any limitations prescribed by law. The rules of procedures shall be available
for public inspection upon request. Four (4) members shall constitute a quorum for the
transaction of business.
The Board shall select a chairman and other officers and shall prescribe their duties and
powers. Planning and Zoning staff and a City Attorney shall attend all meetings, acting
in an advisory capacity and participating fully in Board discussions, but having no right
to vote. The Board shall keep minutes of it proceedings, record the vote on each question
and keep records of its discussions, recommendations and other official actions.
Summary minutes will be prepared and made available to the public after adoption by the
Board.
D. Removal.
Any member of the Board may be removed pursuant to the
procedures outlined in the City Code of Ordinances.
E. Powers and Duties of the Board.
The Board shall have the following powers
and duties within the incorporated city limits of Boynton Beach, Florida:
1.
To recommend to the City Commission the following:
a.
Nomination of Properties and Districts to the National Register of
Historic Places, as a required duty of being a Certified Local Government.
b.
Nominations of Properties and Districts to the Boynton Beach
Register of Historic Places.
c.
Adoption, modification, or replacement of a Design Guidelines
Handbook.
2.
To hold public hearings and to approve or deny applications for
Certificates of Appropriateness or Certificates of Economic Hardship affecting
proposed or designated Properties or Properties within Districts;
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3.
To advise and assist owners of Properties on physical and financial aspects
of preservation, renovation, rehabilitation and reuse, and on procedures for
inclusion in the National Register of Historic Places;
4.
To call upon available City staff members as well as other experts for
assistance and/or technical advice;
5.
To authorize a member of the Board to testify before alla boards andor
commissions on any matter affecting historically, culturally, archaeologically, and
architecturally significant Properties and Resources;
6.
To confer recognition upon the owners of Properties and Districts by
means of certificates, plaques or markers;
7.
To recommend amendments or changes to this ordinance;
8.
To inform and educate the citizens of the City concerning the historic,
cultural, archaeological, and architectural heritage of the City;
9.
To participate in survey and planning activities of the Certified Local
Government;
10.
To coordinate with the State of Florida's Division of Historical Resources
Certified Local Government program by satisfying the following
requirements:
a.
The State Historic Preservation Officer shall be given thirty (30)
calendar days prior notice of all meetings and within thirty (30) days
following such meetings shall be provided with the minutes and record of
attendance of the Historic Resources Preservation Board and the public.
b.
The State Historic Preservation Officer shall be notified of any
change of Historic Resources Preservation Board members within thirty
(30) days of their appointment.
c.
Notify the State Historic Preservation Officer immediately of all
new historic designations or alterations to existing designations.
d.
Submit amendments to the ordinance to the State Historic
Preservation Officer for review and comment at least thirty (30) days prior
to adoption.
e.
Submit an annual report by November 1 covering activities of the
previous October 1 through September 30 and shall include the following
information:
(1) A copy of the Rules of Procedure;
(2) A copy of the Historic Preservation Ordinance;
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(3) Resumes of the Historic Resources Preservation Board
members;
(4) Changes to the Historic Resources Preservation Board
membership;
(5) New local designations and National Register listings;
(6) A review of survey and inventory activity with a
description of the system used;
(8) A program report on each grant-assisted activity; and
(9)Number of projects reviewed.
11.
To undertake any other actions or activity necessary or appropriate to the
implementation of its powers and duties or to implementation of the
purpose of this ordinance.
Section 4. Chapter 4, Article IX, Building, Construction and Historic Preservation
Requirements, Section 6, of the Land Development Regulations is hereby amended by adding the words
and figures in underlined type, as follows:
Section 6. Historic Preservation Requirements.
A. Purpose and Intent.
These provisions are designed to identify, protect, restore
and encourage the reuse of Resources, all of which are essential to the City’s health,
safety, morals and its economical, educational, cultural, and general welfare. These valid
public purposes shall be fulfilled by the ordinance, to achieve the following goals:
1.
Preserve, protect, enhance and perpetuate Resources which represent
distinctive and significant elements of the City’s historical, cultural, social,
economical, political, archaeological, and architectural identity; and/ or serve as
visible reminders of the City’s culture and heritage;
2.
Ensure the harmonious, orderly, and efficient growth, prosperity and
development of the City through retention and reuse of its historic and cultural
Resources;
3.
Strengthen civic pride and cultural stability through neighborhood
conservation;
4.
Contribute to the stabilization of the economy of the city through the
continued use, preservation, conservation and revitalization of its Resources;
5.
Protect and enhance the city’s historic, cultural and architectural
attractions to tourists and visitors and the support and stimulus to business and
industry thereby provided;
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6.
Promote the use of Resources for the education, pleasure, and welfare of
the people of the City;
7.
Provide a review process for the continued preservation and appropriate,
compatible and sensitive development of new construction and additions within
the city’s historic districts and neighborhoods;
8.
Protect and enhance the scale, character and stability of existing
neighborhoods, and protect against destruction of or encroachment upon areas
which contribute to the character of the City;
9.
Facilitate the creation of a convenient, harmonious and attractive
community, and protect the architectural beauty, special architectural features,
and special landscape features of the City;
10.
Avoid demolition, or other adverse effect on historic properties
(Properties) and Districts, which would cause an irreparable loss to the City;
11.
Assist neighborhoods to achieve a positive neighborhood identity and
sense of place.
In addition, these provisions are designed to implement, be consistent with, and
assist in the achievement of the goals, objectives and policies, as specifically
required by the City’s Comprehensive Plan, with respect to historic, conservation,
and neighborhood Resources.
B. Terms and Definitions.
See Chapter 1, Article II for all applicable terms and
definitions which pertain to the historic preservation regulations and standards contained
herein.
C. Designation of Historic Properties and Districts.
1. Guidelines for Historic Designation.
To qualify as a Property or a
District, individual properties must have significance in American history,
architecture, archaeology, engineering or culture and possess integrity of location,
design, setting, materials, workmanship, and association. For Districts, eligibility
is based on the establishment of historic contexts or themes which describe the
historical relationship of the Properties within the district. Individual Buildings
shall normally be at least 50 years old and, in the case of a District, at least 50%
of the Buildings shall normally be at least fifty years old. and / or Buildings shall
also be significant in one or more of the following areas:
a.
Association with events that have made a significant contribution
to the broad patterns of the City’s history;
b.
Association with the lives of persons significant in the City’s past;
c.
Embodies the distinctive characteristics of a type, period or method
of construction, or represents the work of a master, or possesses high
542 of 582
artistic values, or represents a significant and distinguishable entity whose
components may lack individual distinction; or
d.
Has yielded, or may be likely to yield, information important in
prehistory or history; or
e.
Is listed in the National Register of Historic Places.
2. Criteria Considerations.
Ordinarily cemeteries, birthplaces, graves of
historical figures, properties owned by religious institutions or used for religious
purposes, structures that have been moved from their original locations,
reconstructed historic buildings, properties primarily commemorative in nature,
and properties that have achieved significance within the past 50 years shall not
be considered eligible for the Boynton Beach Register of Historic Places.
However, such properties will qualify if they are integral parts of districts that do
meet the criteria or if they fall within the following categories:
a. A religious property deriving primary significance from architectural or
artistic distinction or historical importance; or
b. A building or structure removed from its original location but which is
primarily significant for architectural value, or which is the surviving
structure most importantly associated with a historic person or event; or
c. A birthplace or grave of a historical figure of outstanding importance if
there is no appropriate site or building associated with his or her
productive life; or
d. A cemetery that derives its primary importance from graves of persons
of transcendent importance, from age, from distinctive design features, or
from association with historic events; or
e. A reconstructed building when accurately executed in a suitable
environment and presented in a dignified manner as part of a restoration
master plan, and when no other building or structure with the same
association has survived; or
f. A property primarily commemorative in intent if design, age, tradition,
or symbolic value has invested it with its own exceptional significance; or
g. A property achieving significance within the past 50 years if it is of
exceptional importance.
3. Procedures.
a. Eligible Applicants.
Applications for historic designation may be
initiated by only the following:
(1) Historic Resources Preservation Board, herein referred to
as “Board” (see Chapter 1, Article VII, Section 4).
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(2) City Commission.
(3) A property owner for designation of a Site.
(4) A simple majority of property owners within the proposed
District under consideration for designation.
Only the Board or the City Commission may initiate designation of
a property or district owned by the City, County, State or by an
entity created by state law. For District designations, each
Property shall be allotted one vote. The identity of the property
owners shall be determined by the most current Palm Beach
County Property Tax Rolls.
b. Application Form.
Nominations for historic designations shall
be made only on application forms approved by the Board.
c. Board Agenda.
Following staff determination that an
application for designation is complete; the application shall be scheduled
for a public hearing by the Board.
d. Board Public Hearing Notice.
The Board shall advertise and
hold a public hearing in accordance with the following public noticing
requirements. Section 166.041, Florida Statutes.
Notice of the time, place and subject matter of the hearing shall be
published in a newspaper of general circulation in the City, mailed to the
applicant and mailed to any owner of real property within 400 feet of the
property or district subject to potential designation, at least 30 10 calendar
days prior to the date set for the public hearing.
For the proposed designation of an individual site, one (1) sign for each
street frontage of the property shall be posted in a prominent location no
less than 10 calendar days prior to the hearing. In the case of a proposed
historic district, signs will be placed in prominent locations along public
streets at the outer boundaries of the proposed district in such a manner as
will assure that the signs will be seen by as many affected property owners
as possible. Signs shall be legible from a distance of 100 feet and shall
contain a description of the approval being sought, the date, time and
location of the hearing, and a statement that the application being
considered is available for inspection in the Development Department of
the City of Boynton Beach. Minimum sign size shall be 24” wide by 18”
high.
e. No Action Permitted During Pendency.
During the period that
a designation application is pending, no changes to the property or district
shall be made unless first approved by the Board. The application is
considered “pending” until the final decision on the designation is made
by the City Commission.
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f. Board Recommendations.
The Board shall make a
recommendation as to the proposed designation at the public hearing,
based on findings of fact which support the recommendation. The Board’s
recommendation shall be reduced to writing within 15 working days after
the hearing date. If the Board votes to recommend approval, it will
forward the application with recommendations to the City Commission. If
the Board recommends denial, no further action is required unless an
applicant, or not less than two-thirds of the affected property owners (in
the case of a District), appeals to the City Commission. In such event the
City Commission may reconsider designation or require the Board to do
so.
g. City Commission Decision.
Following the Board hearing, a
designation application with a Board recommendation for approval shall
be scheduled for hearing by the City Commission. The City Commission
may approve or deny the designation application. Alternatively, the City
Commission may approve the designation with conditions or delay
designation for up to one (1) year. The City commission shall make
written findings of fact on which its decision is based.
h. Boynton Beach Register of Historic Places.
A Resource
designated by the City Commission as historic shall be listed in the
Boynton Beach Register of Historic Places. The Register shall be updated
periodically and the inventory material will be open to the public.
Inventory materials shall be compatible with the Florida Master Site File
and duplicates of all inventory materials will be provided to the State
Historic Preservation Office. Resources listed in, or eligible for listing in
the National Register or on the Boynton Beach Register of Historic Places,
either as a Property or as a Contributing Property within a District, may be
entitled to modified enforcement of the City’s applicable building and
zoning codes, if in accord with the Design Guidelines Handbook.
i. Designation Recorded.
The historic designation ordinance
shall be recorded in the Official Records of Palm Beach County.
Boundaries for historic districts and individual properties identified in the
ordinance shall be clearly established. The designation shall be noted in
the official records of the City’s Planning & Zoning and Building
Departments to ensure that all City actions taken in connection with the
subject property or district are taken subject to the designation.
j. Historic District Street Signs.
For Districts, the City shall
erect standardized street signs identifying the District within two (2) years
from the date of such designation, subject to economic feasibility. The
design shall be first approved by the Board.
4. Removal of Designation.
A designation may be removed by the City
Commission based upon the Board’s recommendation. Such recommendation
shall be based upon new and compelling evidence and evaluation of work or
natural cause producing an adverse effect to a Property or District. The same
guidelines and the same procedures established for designation shall be
considered for a removal of designation.
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5. Designation of County, State or Other Political Subdivision
Properties.
County, state or political subdivision entity-owned Properties may
be designated as a Property or District if such designation is not prohibited or
preempted by law, or otherwise provided for in the Intergovernmental
Coordination Element of the Comprehensive Plan. In the absence of prohibition,
preemption, or other agreement, such other government may only avoid
designation of its Property by bearing the burden of proof that public interests, on
balance, are best served by avoiding such designation. Such determination shall
be established by the process as set forth in this ordinance. Once designated,
unless reversed upon appeal, such designated Property or District shall comply
with and be regulated by all regulations contained in this ordinance.
6. Maintenance and Repair of Designated Properties; Demolition by
Neglect Prohibited.
a. Ordinary Maintenance or Repair.
Nothing in this chapter shall
be construed to prevent the ordinary maintenance or repair of any exterior
elements of any building or structure that does not involve a change of
design, appearance or material, and which does not require a building
permit.
b. Affirmative Maintenance Required.
The owner of a
property designated pursuant to this chapter either individually or as a
contributing part of a district or zone shall comply with all applicable
codes, laws and regulations governing the maintenance of property. It is
the intent of this section to preserve from deliberate or inadvertent neglect
the exterior features of such properties and the interior portions thereof
when maintenance is necessary to prevent deterioration and decay of the
property. All such properties shall be preserved against decay and
deterioration and shall be free from structural defects through prompt
corrections of any of the following defects:
(1) Facades that fall and injure the subject property, adjoining
property or members of the public;
(2) Deteriorated or inadequate foundations, defective or
deteriorated flooring or floor supports, deteriorated walls or other
vertical structural supports;
(3) Members of ceilings, roofs, ceiling and roof supports or
other structural members that may rot, sag, split or buckle due to
defective material or deterioration;
(4) Deteriorated or ineffective waterproofing of exterior walls,
roofs, foundations or floors, including broken, unsecured or
missing windows or doors.
(5) Any fault or defect in the property that renders it
structurally unsafe, insufficiently protected from weathering, or not
properly watertight.
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7. Nominations to the National Register of Historic Places.
As part
of the duties under the Certified Local Government program, the Historic
Resources Preservation Board shall receive all nominations of local property to
the National Register of Historic Places following the regulations of the State
Historic Preservation Office.
a.
Appropriate local officials, owners of record, and applicants shall
be given a minimum of thirty calendar days and not more than seventy-
five calendar days prior notice to Historic Resources Preservation Board
meetings in which to comment on or object to the listing of a property in
the National Register.
b.
Objections to being listed in the National Register by property
owners must be notarized and filed with the State Historic Preservation
Officer. Within thirty (30) days after its meeting the Board shall forward
to the State Historic Preservation Officer its action on the nomination and
the recommendations of the local officials. Appropriate local officials, the
owner and the applicant shall be notified of the board's action.
c.
The State Historic Preservation Officer will take further steps on
the nomination in accordance with federal and state regulations. If either
the Board or the local officials or both support the nomination, the State
Historic Preservation Officer will schedule the nomination for
consideration by the state review board for the National Register at its next
regular meeting. If both the Board and the local officials recommend that a
property not be nominated to the National Register, the State Historic
Preservation Officer will take no further action on the nomination unless
an appeal is filed with the State Historic Preservation Officer.
8. Designated Historic Sites
The following Historic Sites have been
established:
a. National Register
Boynton Woman’s Club
(1), 1010 South Federal Highway,
located on Lots 4, 5, 6, and 7 less the West 35 feet thereof,
Parker Estate, according to the plat thereof recorded in Plat
Book 10, Page 37 of the Public records of Palm Beach
County, Florida. (Published 4/26/1979).
Boynton School
(2), 141 East Ocean Avenue, located on Lot
3, Block 4 of Sawyer’s Addition, City of Boynton Beach,
Florida. (Published 3/7/1994).
D. Certificate of Appropriateness.
The Board or staff shall review actions
affecting the exterior of Properties and all Resources, including non-contributing
Properties, within Districts.
1. Board Approval Required.
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a. Board Approval.
Utilizing the Design Guidelines Handbook,
the Board reviews applications for Certificates of Appropriateness for
alterations, new construction, demolitions, relocations, and Certificates of
Economic Hardship affecting proposed or designated Properties or
Properties within Districts.
b. Delegation of Review Authority.
The Board may delegate to
staff the authority to administratively review and grant a Certificate of
Appropriateness without formal action by the Board. This delegation of
review shall be depicted in a “Historic Resources Preservation Board
Certificate of Appropriateness Approval Matrix” (the “Matrix”). The
Matrix will contain a list of design features, such as roofing materials,
window types, shutter types, etc. The Matrix will indicate whether such
features may be administratively reviewed or if Board review is required.
The Board shall approve or amend the “Historic Resources Preservation
Board Certificate of Appropriateness Approval Matrix” as needed. This
delegation of review may also be returned to the Board at its discretion. In
conducting its reviews, staff will utilize the Design Guidelines Handbook
as one analytical tool in evaluating any applications.
If staff does not grant administrative approval of an application, the
application will may be referred to the Board for review. Any applicant
may request referral to the Board rather than administrative review. An
application referred by staff or an applicant will be considered in
accordance with the application review schedule contained in Section
2(B)b below.
2. Application Procedure, Fees and Review.
a. Application and Fees.
Requests for Certificates of
Appropriateness shall be made only on application forms approved by the
Board. Submittal of the application must be made with the appropriate site
plans, drawings, photographs, descriptions, and other documentation
needed to provide staff and the Board with a clear understanding of the
proposed action. Application fees and other applicable charges shall be
established by resolution adopted by the City Commission.
b. Completeness Review and Board Agenda.
Staff shall review all
applications for Certificates of Appropriateness to determine whether an
application is complete. If the application is incomplete, staff will notify
the applicant of what additional information is necessary. An application
will not be reviewed until staff determines that it is complete.
All Certificate of Appropriateness applications eligible for administrative
review will be reviewed in a timely manner and a written decision sent to
the applicant. All Certificate of Appropriateness applications requiring
Board review will be scheduled for hearing by the Board at the first
available meeting approximately six weeks after receipt of the completed
application. The meeting shall be publicly announced and will have a
previously advertised agenda. The Board may suspend action on the
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application for a period not to exceed thirty days in order to seek technical
advice from outside its members or to meet further with the applicant to
revise or modify the application. Notice of time, place and subject matter
of the hearing shall be published in a newspaper of general circulation in
the City not less than 10 days before the meeting. A sign stating that an
application will be considered by the Board shall be posted by the
applicant at the Property not less than 10 days before the meeting.
c. Secretary of the Interior’s Standards for Rehabilitation.
In
reviewing an application, the Secretary of the Interior’s Standards for
Rehabilitation (as may be amended from time to time) shall be applied.
The current version is as follows:
(1) A Property shall be used for its historic purpose or be
placed in a new use that requires minimal change to the defining
characteristics of the Building and its site and environment.
(2) The historic character of a Property shall be retained and
preserved. The removal of historic materials or alteration of
features and spaces that characterize a Property shall be avoided.
(3) Each Property shall be recognized as a physical record of
its time, place, and use. Changes that create a false sense of
historical development, such as adding conjectural features or
architectural elements from other buildings, shall not be
undertaken.
(4) Most Properties change over time; those changes that have
acquired historic significance in their own right shall be retained
and preserved.
(5) Distinctive features, finishes, and construction techniques
or examples of craftsmanship that characterize a historic property
shall be preserved.
(6) Deteriorated historic features shall be repaired rather than
replaced. Where the severity of deterioration requires replacement
of a distinctive feature, the new feature shall match the old in
design, color, texture, and other visual qualities and, where
possible, materials. Replacement of missing features shall be
substantiated by documentary, physical, or pictorial evidence.
(7) Chemical or physical treatments, such as sandblasting, that
cause damage to historic materials shall not be used. The surface
cleaning of buildings or Structures, if appropriate, shall be
undertaken using the gentlest means possible.
(8) Significant archaeological resources affected by a project
shall be protected and preserved. If such resources must be
disturbed, mitigation measures shall be undertaken.
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(9) New additions, exterior Alterations, or related new
construction shall not destroy historic materials that characterize
the Property. The new work shall be differentiated from the old
and shall be compatible with the massing, size, scale, and
architectural features to protect the historic integrity of the
Property and its environment.
(10) New additions and adjacent or related new construction
shall be undertaken in such a manner that if removed in the future,
the essential form and integrity of the historic Property and its
environment would be unimpaired.
d. Additional Criteria.
The above Standards for Rehabilitation shall
be supplemented by the following criteria specific to certain types of
requests:
(1) New Construction and Alterations. The following design
elements and features should be visually compatible with
Resources in the Surrounding Buildings. When the building is
situated within a Historic District, the term Surrounding Buildings,
as utilized in item a. through item i. below, shall be expanded to
include those Contributing Properties within the entire District.
All new construction and Alterations to existing buildings within a
designated historic district or on an individually designated
property shall be visually compatible, and meet the following
guidelines.
(a) Setting, Orientation and Setbacks. The Building
should be situated approximately the same distance from
the street as adjacent Buildings, to create a continuous
street edge. The orientation of the Building should be
visually compatible consistent with that of the existing
buildings in the Historic District. Surrounding Buildings.
The Setting should be designed with the overall
environment in mind. It should take into account the
compatibility of landscaping, parking, service areas,
walkways, and accessory structures.
(b) Building Height. The height of the Building at
street level should be visually compatible in comparison or
relation to with the height of the existing contributing
buildings in the Historic District. Surrounding Buildings.
(c) Design Styles. New Buildings should take their
design cues from the prevailing architectural styles within
the Historic District. Surrounding Buildings. Traditional or
contemporary design standards and elements should relate
to the existing styles. Surrounding Buildings.
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(d) Proportion of Openings. The openings of any
building within a Historic District should be visually
compatible with the openings in existing contributing
buildings within the Historic District. The relationship of
the width of windows and doors to the height of windows
and doors should be visually compatible with the existing
contributing buildings within the Historic District.
Surrounding Buildings.
(e) Rhythm of Solids to Voids. The relationship
between solids (walls) and voids (windows and doors) of a
Building should be visually compatible with existing
contributing buildings within the Historic District. the
Surrounding Buildings.
(f) Rhythm of Spacing along the Street. The
relationship of Buildings to the open space between them
should be compatible with the other Buildings on each side
of the street in that block.
(g) Relationship of Materials and Textures. The
materials and textures of a Building should be chosen with
the predominant materials of the Historic District in mind.
Simplicity in such use is preferable.
(h) Roof Shapes. The roof shape of a Building is a
major distinguishing feature. The roof shape of a new
Building should be compatible with the roof shape of
existing contributing buildings within the those of the
Buildings in the Historic District. The roof shape shall be
consistent with the architectural style of the Building.
(i) Size, Scale, Bulk, Mass and Volume. The physical
size, scale, bulk, mass and volume should be compatible
with the existing contributing buildings within the Historic
District Surrounding Buildings without overwhelming
them.
(2)Additions. All additions to historic structures or structures
within a Historic District shall meet the following
guidelines.
(a) Locate an addition to the rear or least visible sides
of historic structures. Locating an addition on the front
elevation should be avoided.
(b) Minimize the loss of historic materials from the
historic structure and protect character-defining features.
(c) Design the addition to be compatible in terms of
massing, size, scale, relationship of solids to voids, and
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architectural features. An addition should be subordinate to
the historic building.
(d) Differentiate the addition from the historic
structure.
(e) If permitted, rooftop additions should generally be
limited to one story in height, should be set back from the
wall plane and should be as inconspicuous as possible.
(f) Continue the design elements on all elevations of
the new construction, not only those elevations that can be
viewed from the street.
(g) Design and construct the addition so that, if
removed in the future, the essential form and integrity of
the historic structure will be unimpaired.
(h) Limit the size and number of openings between the
old and new building by utilizing existing doors or by
enlarging existing windows.
(3) Demolition. All demolitions of historic structures or
structures within a Historic District shall comply with the
following:
(a) Simultaneous certificates required. No Building
or Structure on a Property or located within a District shall
be demolished without first receiving a Certificate of
Appropriateness for new construction. The applications for
demolition and new construction shall be reviewed by the
Board simultaneously. The requirement of a Certificate of
Appropriateness for new construction may be waived by
the Board upon a good cause showing that such
requirement would be unduly harsh or would result in a
substantial hardship to the Property owner.
A showing of good cause may include, but is not limited to,
evidence that the Property owner is unable to comply with
the requirement for simultaneous new construction due to
advanced age, infirmity, physical or other debilitating
handicap, or financial hardship.
If an application for a Certificate of Appropriateness for
Demolition is approved, the owner shall, at his/her expense,
fully record the building prior to Demolition. At a
minimum, the owner shall provide an architectural
description, floor plan with interior and exterior
dimensions, interior and exterior photographs, and any
other information requested by the Board. Said record shall
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be deposited in the local archives, where it will be made
available to the public.
Upon approval by the Board of a Certificate of
Appropriateness for Demolition, the demolition permit
shall not be issued until all demolition and new
construction plans for the Property have received all other
required governmental approvals.
The existence of one or more of the following conditions
may be the basis for denial of a demolition application:
(i) The Resource contributes significantly to the
historic character of a designated Property or
District.
(ii) The Resource is listed on the National
Register.
(iii) The Resource is one of the last remaining
examples of its kind in the neighborhood or City.
(iv) The Resource is capable of being repaired
and reused in a practical and feasible manner.
(v) Retention of the Resource would promote
the general welfare of the City by providing an
opportunity to study local history, architecture and
design, or by developing an understanding of the
importance and value of a particular culture or
heritage.
(vi) Granting a Certificate of Appropriateness
for the Demolition would result in an irreparable
loss to the City of a significant Resource.
(vii) The plans for the simultaneous new
construction (if the Demolition is granted) are not
compatible with the Property or District.
(b) Demolition Delay Period. The Board may grant
a Certificate of Appropriateness for Demolition which may
contain a delayed effective date. The effective date will be
determined by the Board based on the relative significance
of the Resource and the probable time required to arrange a
possible alternative to demolition. The Board may delay
demolition for up to three (3) months. During the
demolition delay period, the Board may take such steps as
it deems necessary to preserve the Resource. Such steps
may include, but are not limited to: consultations with
community groups, public agencies and interested citizens;
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recommendations for acquisition of the Property by public
or private bodies, or agencies; an exploration of the
possibility of moving the Resource.
(c) Salvage and Preservation of Specific Features.
The City Commission upon recommendation by
Tthe Board may require the Property owner, at City
expense, to salvage and preserve specified classes of
building materials, architectural details, ornaments, fixtures
and the like.
Formatted: Strikethrough
(d) Authority to Initiate Designation. If an
undesignated property warrants it and it is otherwise
authorized under this ordinance, staff may initiate, or
recommend that the Board initiate, the designation
application and review process. Staff may further request
that the Board require that the issuance of a demolition
permit be stayed pending the Board’s review of the
application and the City Commission’s decision to
designate or deny designation of the property. However, the
maximum period during which the issuance of a demolition
permit may be stayed pursuant to this paragraph is one
hundred twenty (120) days, unless extended by the City
Commission.
(4) Relocation. The existence of one or more of the
following conditions may be the basis for denial of a relocation
application:
(a) The historic character or aesthetic interest of the
Resource contributes to its present setting in such a manner
that relocation would result in a substantial loss to the
setting or District.
(b) There are no definite plans for the area to be
vacated.
(c) There are definite plans for the area to be vacated
that may adversely affect the character of the District.
(d) The Resource cannot be moved without significant
damage to its physical integrity.
(e) The proposed relocation area is not compatible with
the historic, cultural, and architectural character of the
Resource.
(f) Little or no effort has been made to consider
relocation within the same District or within another
District with compatible historic, aesthetic, cultural, or
design qualities with the relocated Resource.
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e. Decisions.
Decisions regarding application for Certificates of
Appropriateness shall be based on the application, the application’s
compliance with this Ordinance, and the evidence and testimony presented
in connection with the application.
In reviewing an application, staff and the Board shall be aware of the
importance of finding a way to meet the current needs of the property
owner. The Staff and the Board shall also recognize the importance of
recommending approval of plans that will be reasonable for the property
owner to carry out. Any conditions or requirements imposed shall be
reasonably related to the Certificate of Appropriateness sought by the
applicant.
f. Notice of Decision on Application.
Staff shall notify the
applicant in writing of any decision on the application within five (5)
working days from the date of the decision.
g. Changes in Approved Work.
Any change in the proposed
work following the issuance of a Certificate of Appropriateness shall be
reviewed by staff. If the proposed change does not materially affect the
historic character or the proposed change is in accordance with the
Board’s decision, staff may administratively approve the change. If the
proposed change is not in accordance with the Board’s decision, a new
Certificate of Appropriateness application for such change must be
submitted for review.
E. Certificate of Economic Hardship.
Prior to taking an appeal of a decision to the
Board City Commission on an application for Certificate of Appropriateness, an applicant
may file an application for a Certificate of Economic Hardship.
1. Application and Procedures.
a. Application.
A Certificate of Economic Hardship application
must be submitted within 30 days of the date of the hearing at which the
Board’s decision on the application is announced.
b. Board Agenda and Notice.
The Board shall schedule a public
hearing within 60 working days from the receipt of the application and
shall provide notice of such hearing in the same manner as for the
Certificate of Appropriateness application.
c. Negotiations Prior to Certificate of Economic Hardship
Hearing.
During the period between receipt of the Certificate of
Economic Hardship application and the Board’s public hearing, the
applicant shall discuss the proposed action with staff, other City officials
and local preservation organizations to consider alternatives that will
avoid an economic hardship and have the least adverse effect to the
Property and/or the District. Staff may request information from various
City departments and other agencies in order to negotiate an alternative
resolution that is in the best interest of the applicant and the City. If
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negotiations are successful, staff shall make written recommendations to
the Board regarding such alternatives.
d. Determination of Economic Hardship.
The applicant has the
burden of proving by competent substantial evidence that the Board’s
decision regarding the Certificate of Appropriateness application has
caused or will cause an unreasonable economic hardship. To determine
economic hardship, the Board may request the following:
(1)Proposed construction, alteration, demolition and removal
costs;
(2)structural and condition reports from a licensed
professional with experience in assessing historic buildings;
(3)estimates as to the economic feasibility of rehabilitation or
reuse;
(4) the purchase price of the property, recent appraisals,
assessments, and real estate taxes;
(5)details of any income obtained from the property and cash
flows;
(6) the status of any leases or rentals; and,
(7)all other information considered necessary by the Board to
determine whether the property does or may yield a
reasonable return to the owner.
The effect of denial of the application for Certificate of Economic
Hardship is that the decision regarding the Certificate of Appropriateness
is upheld. If the application for Certificate of Economic Hardship is
granted, the Board may issue the Certificate of Economic Hardship
without conditions. Alternatively, the Board may issue the Certificate with
conditions that will avoid the economic hardship and have the least
adverse effect to the Property and the District.
Such conditions may include, but are not limited to: ad valorem tax relief,
loans or grants, requiring the owner to market and offer the Property for
sale for a fair market price with appropriate preservation protections for a
period of time not to exceed six (6) months, acquisition by a third party for
a fair market value, Building and Zoning Code modifications, relaxation
of the provisions of this ordinance, recommendation by the City Manager
some or all of the applicable Board fees be waived, or such other relief as
appropriate.
F. Appeal of Certificate of Appropriateness and Certificate of Economic
Hardship Decisions.
Any applicant may appeal a decision of the Board to the City
Commission regarding an application for Certificate of Appropriateness and/or an
application for Certificate of Economic Hardship. The applicant shall file a written
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notice of the appeal with staff within 30 days of the date of the hearing at which the
Board’s decision on the application is announced. The City Commission shall place the
matter on the Commission’s agenda within 45 working days from the date of the written
notice of appeal. The meeting at which the appeal is placed on the agenda shall be no
later than 60 working days from the date of the written notice of appeal.
Consideration of the appeal by the City Commission shall be de novo review. The City
Commission shall be required to apply the applicable standards and criteria set forth in
this ordinance.
A decision of the City Commission may be appealed to a court of competent jurisdiction
within thirty (30) days after the hearing at which the decision is announced.
G. Enforcement and Penalties.
The City or any other legal authority shall enforce
any violation of this article pursuant to the penalty provisions contained in Chapter 1,
Article I, Section 7 of these Land Development Regulations.
H. Miscellaneous.
1. Historic Preservation Property Tax Exemption Program.
The
granting of tax exemptions to owners who make improvements to Historic
Properties was authorized by an amendment to the Florida Constitution and
codified in Section 196.1997 and 196.1998 Florida Statute (1992). The ad
valorem tax exemption program was established by Palm Beach County in 1995
(Ordinance 95-41), and may be implemented in the City through an interlocal
agreement with the County and a local Tax Abatement Exemption ordinance.
The Tax Abatement Exemption Ordinance authorizes granting exemptions from
increases to ad valorem taxes for qualified improvements to Properties listed in
the Boynton Beach Register of Historic Places and the National Register of
Historic Places qualifying properties.
Exemptions for Historic Properties are intended for the physical improvements
necessary to Restore or Rehabilitate the Historic Resource, which may include
additions, Alterations and new construction. The improvements must comply with
the Secretary of the Interior’s Standards for Rehabilitation.
The City and County will process the application following mutually established
procedures through both the City and County Commissions. This program will
provide an exemption from tax increases on the improvements to the Property for
up to a ten (10) year period. The exemption is conveyed through a covenant that
accompanies the deed of the Property and may be transferred to future owners
during the abatement period.
1A. Tax Exemption for Historic Properties
a. Definitions.
(1) Alteration. Any construction or change of the exterior of a
building, site, or structure designated as a site or site within a
district. For buildings, sites, or structures, alteration shall include,
but is not limited to the changing of roofing or siding materials;
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changing, eliminating, or adding doors, moldings, fretwork, door
frames, windows, window frames, shutters, fences, railings,
porches, balconies, signs, or other ornamentation; regrading; fill;
imploding or other use of dynamite. Alteration shall not include
ordinary repair or maintenance, or changing of paint color.
(2) Noncontributing Property. A building, site, structure, or
object which does not add to the historic architectural qualities,
historic associations, or archaeological values for which a district
is significant because 1) it was not present during the period of
significance; 2) due to alterations, disturbances, additions, or other
changes, it no longer possess historic integrity reflecting its
character at that time or is incapable of yielding important
information about the period; or 3) it does not independently meet
the National Register of Historic Places criteria for evaluation.
(3) Notice. To an Interested Party, notice shall be by U.S. Mail
and deemed given as of the date of mailing. For all other persons,
notice shall be by publication.
b. Tax Exemption for Historic Properties.
(1) The City Commission hereby creates a tax exemption for
the restoration, renovation or rehabilitation of qualifying historic
properties designated herein. Qualifying property shall be exempt
from that portion of ad valorem taxation levied by the City on one
hundred percent (100%) of the increase in assessed value resulting
from any renovation, restoration or rehabilitation of the qualifying
property made on or after the effective date of this ordinance.
(2) The above exemption does not apply to:
(a) Taxes levied for payment of bonds;
(b) Taxes authorized by a vote of the electors pursuant
to section 9(b) or section 12, Article VII, of the Florida
Constitution; or
(c) Personal property.
c. Qualifying Properties and Improvements.
(1) The following real property in the City is qualifying
property for the purposes of this subsection if at the time the
exemption is approved by the City Commission, the property:
(a) Is individually listed in the National Register of
Historic Places pursuant to the National Historic
Preservation Act of 1966, as amended; or
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(b) Is a contributing property to a national register-
listed district; or
(c) Is designated as a historic property, or as a
contributing property to a historic district, under the terms
of the City's historic preservation ordinance; and
(d) Has been certified by the Board as satisfying
subparagraphs (1)(a), (1)(b), or (1)(c) above.
The exemption does not apply to improvements made to non-
contributing principal buildings or non-contributing accessory
structures.
(2) For an improvement to a historic property to qualify the
property for an exemption, the improvement must:
(a) Be consistent with the United States Secretary of
Interior's Standards for Rehabilitation, as amended,
(b) Be determined by the Board to meet criteria
established in rules adopted by the Department of State,
Division of Historical Resources, FAC lA-38, as amended,
and
(c) Be consistent with any ordinance of the city
designating the property as historic or designating the
historic district in which the property is located.
d. Evaluation of Property Used for Government or Nonprofit
Purpose.
Pursuant to Title XIV, Chapter 196.1998, Florida Statutes,
which allows for exemption from ad valorem taxation of up to one
hundred percent (100%) of the assessed value of the property as improved,
a property is being used for government or nonprofit purposes if the sole
occupant of at least sixty-five percent (65%) of the useable space is an
agency of the federal, state or a local government unit or a nonprofit
organization certified by the Department of State under Chapter 617.013,
Florida Statutes. As for being “regularly and frequently open” for public
access, the property shall be open to the public not less than twelve (12)
days per year on an equitably spaced basis, and at other times by
appointment. Nothing herein shall prohibit the owner from charging a
reasonable nondiscriminatory admission fee, comparable to fees charged
at similar facilities in the area.
e. Application for Exemption; Fees.
An applicant desiring an ad
valorem tax exemption for proposed improvements to a historic property
must file a request accompanied by its corresponding fee and all
documentation required by the application checklist. The request shall be
made on the two-part Historic Preservation Property Tax Exemption
Application, approved by the State of Florida, Division of Historical
Resources and promulgated in accordance with Rule 1A-38, Florida
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Administrative Code, and include additional information and
documentation of the cost of the qualifying improvement. Part 1 of the
application, the Preconstruction Application, shall be submitted before
qualifying improvements are initiated and Part 2, the Final Application/
Request for Review of Completed Work, shall be submitted to the City for
review upon completion of the qualifying improvements. The Final
Application/Request for Review of completed Work shall contain the
Historic Preservation Exemption Covenant as established by the
Department of State, Division of Historical Resources and applicable for
the term for which the exemption is granted.
f.Preconstruction Application.
The review process shall be
initiated with the submittal of a Preconstruction Application to the City.
The Preconstruction Application shall contain a copy of the application for
Certificate of Appropriateness, information on project cost, and a copy of
the most recent tax bill for the subject property from the Palm Beach
County Property Appraiser. Upon the receipt of the Preconstruction
Application by the City, the City shall conduct a review for eligibility in
accordance with the requirements stated herein.
g.Review of Preconstruction Application.
A review of the
Preconstruction Application shall be completed by the City in accordance
with the established schedule and process.
(1) Once the City determines that the work as proposed is a
qualifying improvement and is in compliance with the review
standards contained herein, the City shall approve the
Preconstruction Application and issue a written notice to the
applicant with a copy to the Board.
(2) If the City determines that the work as proposed is not a
qualifying improvement or is not in compliance with the review
standards contained herein, a written notice shall be provided to
the applicant, including recommendations concerning the changes
to the proposed work necessary to make it a qualifying
improvement and bring it into compliance with the review
standards.
h. Appeals to the Historic Resources Preservation Board.
(1) Within ten (10) days of receipt of notice that the City has
denied a Preconstruction Application, the applicant may file an
appeal of the denial to the Board. The appeal shall be filed on a
form prepared by the City and processed in accordance with the
public meeting and notification procedures required of the City’s
quasi-judicial hearing process, except that public notices need only
be mailed to owners of abutting properties.
(2) If the Board denies the appeal, the applicant may appeal the
action of the Board to the City Commission.
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i.Issuance of Other Permits or Approval.
If all or part of the
proposed improvements require a building permit or other necessary
approval of the City or any other governmental agency, the improvements
shall also be reviewed pursuant to any other applicable code provisions of
the City and require such corresponding approval. A Preconstruction
Application shall not be approved by the City and issued until such permit
or other approvals have been granted.
No certificate of occupancy or completion shall be issued by the City until
the Final Application has been approved by the City Commission and all
appeal proceedings have been completed.
j.Completion of Work.
An applicant must complete all work
within two (2) years following the date of approval of a Part 1,
Preconstruction Application by staff. A Preconstruction Application shall
be automatically revoked if the property owner has not submitted a Final
Application/Request for Review of Completed Work within two (2) years
following the date of approval of the Preconstruction Application.
The Board, upon the recommendation of the City, may extend the time for
completion of a substantial improvement in accordance with the
procedures of the City's Building Code.
k.Final Application and Request for Review of Completed Work.
(1) The Final Application/Request for Review of Completed
Work shall be accompanied by documentation of the total cost of
the qualifying improvements. Appropriate documentation may
include, but is not limited to paid contractor's bills, cancelled
checks, and an approved building permit application listing the
cost of work to be performed. Upon the receipt of a Final
Application/Request for Review of Completed Work and all
required supporting documents, the City shall inspect the
completed improvements to ensure compliance with the
Preconstruction Application, Certificate of Appropriateness, and
any approved amendments.
(2) If the City determines that the work is a qualifying
improvement and is in compliance with the review standards
contained herein, the Final Application/Request for Review of
Completed Work shall be approved and forwarded to the Board for
review, and written notice shall be provided to the applicant.
(3) If the City determines that the work as completed is not in
compliance with the Preconstruction Application or the established
timeframe as described in this section, the applicant shall be given
written explanation for such findings, including recommendations
concerning the changes to the proposed work necessary to make it
a qualifying improvement and bring it into compliance with the
review standards. The application will be forwarded to the Board
for review once the applicant makes the adequate changes
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necessary for compliance, or upon receiving notice from the
applicant that no further changes will be made to the project.
l.Recommendations to Historic Resources Preservation Board
and City Commission.
On completion of the review of' a Final
Application/Request for Review of Completed Work, the City shall
present such Final Application in a regularly scheduled meeting of the
Board and recommend that such Board grant or deny the exemption. The
recommendation and explanation shall be provided in writing to the
applicant and Board for consideration at a public meeting. The
application, along with a recommendation of approval or denial shall
subsequently be forwarded by the Board to the City Commission for final
consideration.
m. Approval by the City Commission.
Upon approval of a
Final Application/Request for Review of Completed Work by the Board,
the Final Application shall be placed by resolution on the agenda of the
City Commission for approval. The resolution to approve the Final
Application shall indicate the property owner, property address and legal
description, time period that exemption will remain in effect and
expiration date, and shall require the owner to record the restrictive
covenant in the Official Record Book of Palm Beach County. The
applicant shall provide the City with two (2) certified copies of the
recorded covenant.
n.Notice of Approval to the Property Appraiser.
The City shall
transmit the following certified copies to the Palm Beach County Property
Appraiser: 1) recorded restrictive covenant; 2) approved Final
Application/Request for Review of Completed Work; and 3) the resolution
of the City Commission approving the Final Application and authorizing
the tax exemption.
o. Effective Date and Duration of Tax Exemption.
When the City
Commission approves a historic preservation tax exemption, the covenant
shall be in effect for ten (10) years; however, the City Commission has the
discretion to approve a shorter time frame if petitioned by the property
owner. The effective date of the exemption shall be January 1 of the
following year from when the covenant and resolution are recorded with
the Palm Beach County Clerk of the Court.
p.Property Maintenance, Penalty, and Revocation.
The character
of the property and qualifying improvements are to be maintained during
the period that the exemption is granted. Such covenant shall be binding
on the current property owner, transferees, and their heirs, assigns and
successors. A violation of the covenant shall result in the revocation of
the granted tax exemption, and the property owner being subject to the
payment of taxes that would have been owed had the exemption not been
initially granted (see subparagraph (2) below). The revocation process
shall occur as follows:
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(1) Revocation Proceedings.
(a) Staff or the Board may initiate proceedings to
revoke the ad valorem tax exemption provided herein, in
the event the applicant, or subsequent owner or successors
in interest to the property, fails to maintain the property
according to the terms and conditions of the covenant;
(b) The Board shall provide notice to the current owner
of record of the property and hold a revocation public
hearing, and make a recommendation to the City
Commission;
(c) The City Commission shall review the
recommendation of the Board and make a determination as
to whether the tax exemption shall be revoked. Should the
City Commission determine that the tax exemption shall be
revoked, a written resolution revoking the exemption and
notice of penalties as provided herein shall be provided to
the owner, the Palm Beach County Property Appraiser and
filed in the official records of Palm Beach County;
(d) Upon receipt of the resolution revoking the tax
exemption, the Palm Beach County Property Appraiser
shall discontinue the tax exemption on the property as of
January 1 of the year following receipt of the notice of
revocation; and
(2) Notice of Penalties. The resolution revoking the tax
exemption shall include a statement that a penalty equal to the total
amount of taxes that would have been due in March of each of the
previous years in which the tax exemption and covenant were in
effect had the property not received the exemption, less the amount
of taxes actually paid in those years, plus interest on the difference
calculated as provided in Section 212.12, Florida Statutes shall be
imposed by the Palm Beach County Tax Collector for violation of
the terms, conditions and standards of the Historic Preservation
Exemption Covenant.
q.Annual Report.
The City shall prepare an annual report to
the City Commission regarding the tax exemption proposed in this article.
The report shall be filed in January of each calendar year, and shall
summarize the activities of the City and Board related to this article during
the previous calendar year. The information shall include, but not be
limited to, a list of the properties for which a Part 1, Preconstruction
Application, and Part 2, Final Application/Request for Review of
Completed Work were made during the preceding year; an explanation of
the disposition of each application; the expenditures on each approved
qualifying improvement during the calendar year; the total number of
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properties currently participating in the program provided within this
article; and any other information requested by the City Commission.
2. Certified Local Government Review.
The City Commission is a
Certified Local Government (CLG) approved by the Florida Department of State,
Division of Historical Resources. The City Commission as a CLG is required to
participate in the Florida National Register of Historic Places nomination process,
be involved in the Section 106 process, and is eligible to receive grants from the
Certified Local Government Section of the Florida Department of State,
Historical Resources Grants-In-Aid program.
3. Unsafe Buildings and Structures.
Should the Building Official
determine that a Historic Property or a Property within a Historic District is
unsafe, the Planning and Zoning staff and Historic Resources Preservation Board
shall be notified of such findings. Where reasonably feasible, within applicable
laws and regulation, the Building Official shall endeavor to have the Resource
repaired rather than demolished and shall take into account any comments and
recommendation by the Board. The Board may take appropriate actions to Effect
and accomplish the preservation of the Resource, including, but not limited to,
negotiations with the owner and other Interested Parties, provided that such
actions do not interfere with the Florida Building Codes.
In the case where the Building Official determines that there are emergency
conditions dangerous to the life, health or property affecting a Historic Property
or a Property within a Historic District, and timely Demolition is the only course
of action, the Building Official may order the Demolition and notify the Planning
and Zoning Division of the impending action. In this instance, a Certificate of
Appropriateness will not be required and the Historic Resources Preservation
Board will promptly be notified of the action being taken.
4. Waiver of Technical Requirements.
The provisions of the
technical codes relating to the construction, alteration, repair, enlargement,
restoration or moving of Buildings may not be mandatory for those Resources
listed in the Boynton Beach Register of Historic Places and the National Register
of Historic Places, when evaluated by a Florida registered architect or engineer
and satisfactorily demonstrated to the Building Official to be safe and in the
public interest of health, safety and welfare.
Resources or portions thereof that do not strictly comply with the Florida Building
Code may be considered to be in compliance, if it can be shown to the satisfaction
of the Building Official that equivalent protection has been provided or that no
hazard will be created or continued through noncompliance. (Life safety and
property conservation shall be provided in accordance with Chapter 11, Sections
1105 and 1106 of the 2007 Florida Building Code, or as subsequently amended).
Alterations to Resources listed in the Boynton Beach Register of Historic Places
and the National Register of Historic Places may receive exemption from
accessibility requirements. (Pursuant to Chapter 11, Section 11-4.1.7 of the 2007
Florida Building Code, or as subsequently amended, the Building Official may
determine that compliance for accessible routes (exterior and interior), ramps,
entrances, or toilets would threaten or destroy the historic significance of the
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Building, in which case the alternative requirements in Chapter 11, Section 11-
4.1.7(3) may be utilized).
5. Administrative and Board Approval of Zoning Code Variances.
Alterations to Resources listed in the Boynton Beach Register of Historic
Places and the National Register of Historic Places may receive variances to
zoning code regulations, if such regulations would adversely impact or threaten
the historic significance of the Resource. The responsibility for review and
approval of an application for a variance in association for a Certificate of
Appropriateness for Alterations of Resources listed in the Boynton Beach
Register of Historic Places and the National Register of Historic Places will rest
with staff, unless the corresponding Certificate of Appropriateness requires
Historic Resources Preservation Board (HRPB) action, in which case the HRPB
will have review and approval responsibility. Such requests for variance shall be
made on a separate application, approved by the Board. Said application fee and
other applicable charges shall be established by resolution adopted by the City
Commission.
6. Sustainable Building Practices.
The application of sustainable,
energy efficient and green building practices to improvements associated with
historic properties is encouraged whenever they are compatible with best historic
preservation practices. Whenever possible, equipment such as solar panels, wind
generation devices, mechanical equipment, etc., should not be affixed to the
building, but sited in the rear or side yard locations and fully screened with
landscaping, fence or wall. When placement upon the building is unavoidable,
such equipment, as well as skylights, shall be located on a non-character defining
elevation or roof slope that is not visible from the street. In no instance, shall the
equipment be allowed to be placed upon any character defining feature. Expedited
review shall be afforded to those applicants who propose the placement of such
equipment on other than the building facades or roof.
I. Standards for Archaeological Work; Discovery of Archaeological Site.
1.
The Historic Preservation Planner shall be responsible for identifying,
protecting, managing and promoting all cultural resources (historic and prehistoric
sites and districts) within the municipal bounds.
2. Archaeological Work.
Archaeological surveys, assessments,
excavations, and other work required by this ordinance shall be conducted by a
qualified, professional archaeologist and be consistent with the guidelines for
such work promulgated by Palm Beach County that are consistent with accepted
professional standards and regulations developed by the Florida Department of
State Division of Historical Resources and the United States Department of the
Interior, or their successor agencies.
3. Site Discovered During the Development Process.
In the event
that archaeological materials are discovered by ground disturbing activities on any
property within the City, such activities in the immediate vicinity of the
archaeological site shall be discontinued immediately and the Planning & Zoning
Department notified. The site shall be inspected and may be required to be
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assessed by a qualified professional archaeologist at the expense of the property
owner.
4. Unmarked Human Graves.
If a discovery is made of an
unmarked human grave or graves, then the procedures for notifying the State
Archaeologist and County Medical Examiner shall be followed, consistent with
state law.
Section 5. All laws and ordinances applying to the City of Boynton Beach in conflict with
any provision of this ordinance are hereby repealed.
Section 6. 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 7. Authority is hereby given to codify this Ordinance and to conform the numbering
and lettering sequence to the recently adopted Land Development Regulations.
Section 8. This Ordinance shall become effective immediately.
FIRST READING
this 1st day of May, 2012.
SECOND, FINAL READING AND PASSAGE
this ______ day of ______, 2012.
CITY OF BOYNTON BEACH, FLORIDA
_____________________________
Mayor – Woodrow L. Hay
_____________________________
Vice Mayor – Mack McCray
_____________________________
Commissioner – William Orlove
_____________________________
Commissioner – Steven Holzman
ATTEST:
_____________________________
Commissioner – Marlene Ross
_______________________________
566 of 582
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
567 of 582
13. C
LEGAL
May 1, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 1, 2012
OMMISSION EETING ATE
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PENINGSUBLIC EARING
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A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
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AI
GENDA TEM
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
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ODE OMPLIANCE AND EGAL
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ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO. 12-009 - FIRST
EQUESTED CTION BY ITY OMMISSION
READING - Approve Ordinance amending sale of City owned real property. (TABLED ON 4/17/12)
ER:
Recent attempts by the City to sell real property have been
XPLANATION OF EQUEST
unsuccessful. The City Administration and City Attorney’s office have undertaken a review of
the current code provisions regarding sale of real property and have determined that greater
flexibility can be added to the process without jeopardizing the integrity of the method by which
the City disposes of real property it owns but no longer needs.
H?
The sale of real property will be expedited
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
and alternative means of sale can be used which may result in a greater financial return to the
City when property is sold.
FI:
The proposed Ordinance is procedural and the adoption of the Ordinance has
ISCAL MPACT
no fiscal impact.
A:
Take no action and maintain the current procedures for selling real property
LTERNATIVES
without change.
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ORDINANCE NO. 12-009
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2
ADMINISTRATION, ARTICLE IV, SECTION 2-56, AMENDING
PROVISIONS FOR THE SALE OF CITY OWNED REAL PROPERTY
EXCLUDING PROPERTY ACQUIRED BY THE CITY FOR
REDEVELOPMENT PURPOSES; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS,
Florida law allows municipalities, pursuant to their home rule powers, to establish
;
procedures for the sale of real propertyand
WHEREAS,
the City Commission has determined that the current procedures for the sale of real
property as set forth in Code Section 2-56 do not provide sufficient flexibility and therefore operate the
inhibit the sale of real property to the detriment of the City; and
WHEREAS
, the City Commission deems it to be in the best interest of the citizens and residents
of the City to amend Chapter 2. Section 2-56.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, THAT
:
Section 1. The foregoing whereas clauses are true and correct and are now ratified and
confirmed by the City Commission.
Section 2. Chapter 2. “Administration”, Article IV, “Purchasing and Consultants”, Section 2-56
is hereby amended by adding the words and figures in underlined type, and by deleting the words and
figures in struck-through type, as follows:
Sec. 2-56. Purchasing agent, selection, duties; competitive bidding.
(a) The city commission shall appoint an officer or employee of the city, other than a member of
the city commission, as purchasing agent for the city who shall be responsible for the purchase of all
supplies, materials, equipment and other articles used by the municipal government. All purchases or
sales of city property shall be subject to the approval of the city commission and shall conform to such
regulations as the city commission may from time to time prescribe.
Personal property, commodities and services
(b) . Except as provided in section 2-56.1, all
purchases or sales of personal property, commodities and services involving amounts in excess of
twenty-five thousand dollars ($25,000.00), or construction involving amounts of seventy-five thousand
($75,000.00), shall be made only after the publishing of an advertisement of bids thereon in a newspaper
of general circulation in the city at least one (1) time, not less than ten (10) days prior to the date set for
the reception of such bids, together with such other notice as the commission may direct. The city
commission shall have the power to reject any and all bids submitted and received, and to waive any
informalities in connection with such bidding.
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Real property
(c) . Real property may be sold in the manner recommended by the City Manager
and determined by the City Commission to be in the best interest of the City. With regard to the sale of
any real estate owned by the city, regardless of the estimated value thereof, which has an appraised
value exceeding $100,000.00 as determined by the most recent valuation of the Palm Beach County
Property Appraiser, no such sale shall be conducted or consummated until such time as subject property
has been appraised by a disinterested qualified appraiser to be designated by the city commission for the
purpose of establishing a fair market value thereon. The sale of real property for less than the fair market
value shall require the approval by a vote of four-fifths (4/5) of the city commission. After such
appraisal shall have been completed and a fair market value determined, the property may be sold:
1. To the owner of adjacent developed property if the city property is to be used by the adjacent
property owner as:
A. Buffer; or
B. For an extension of the use to which the adjacent property owner is using the adjacent
property at the time of sale; or
2. To the highest bidder following a competitive bidding process as established by the city
administration.
(d) The foregoing provision for sale of real property do not apply to real property located within
the city's community redevelopment area if the property was acquired by the City for the purposes of
community redevelopment.
located within the city's community redevelopment area which was acquired for purposes
other than community redevelopment prior to the creation of the city's community redevelopment
area.
Section 3. Each and every other provision of Chapter 2 of the Code of Ordinances of the
City of Boynton Beach not herein specifically amended shall remain in full force and effect as
previously enacted.
Section 4. All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
Section 5. Should any section or provision of this ordinance or portion hereof, any
paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision
shall not affect the remainder of this ordinance.
Section 6. Authority is hereby granted to codify said ordinance.
Section 7. This ordinance shall become effective immediately upon passage.
FIRST READING
this 1st day of May, 2012.
SECOND, FINAL READING AND PASSAGE
this day of _______, 2012.
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Formatted: Font: (Default) Times New
Roman, 12 pt
Formatted: Font: (Default) Times New
Roman, 12 pt
Formatted: Font: (Default) Times New
Roman, 12 pt
Formatted: Indent: First line: 0.5"
CITY OF BOYNTON BEACH, FLORIDA
_____________________________
Mayor – Woodrow L. Hay
_____________________________
Vice Mayor – Mack McCray
_____________________________
Commissioner – William Orlove
_____________________________
Commissioner – Steven Holzman
_____________________________
Commissioner – Marlene Ross
ATTEST:
_____________________
Janet M. Prainito, MMC,
City Clerk
(CORPORATE SEAL)
571 of 582
13. D
LEGAL
May 1, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 1, 2012
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
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
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ETTLEMENTS
RACC:
Designate election date for charter amendment
EQUESTED CTION BY ITY OMMISSION
referendum.
ER:
The City Commission recently accepted a report which outlined the
XPLANATION OF EQUEST
recommendations of the Charter Review Committee. The Commission must now designate
the election date that it intends to submit referendum questions to the electors to determine if
the Charter should be amended. The Commission should also determine if additional sections
of the Charter should be amended beyond those addressed by the Charter Review Committee.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
The cost will be $2,337.96 (plus legal advertisements) unless an additional
ISCAL MPACT
page is necessary for the ballot. If that happens, we would have to pay for the additional page.
A:
Defer action on Charter amendment
LTERNATIVES
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14. A
FUTURE AGENDA ITEMS
May 1, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 1, 2012
OMMISSION EETING ATE
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PENINGSUBLIC EARING
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THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
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A NB
DMINISTRATIVEEW USINESS
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Update on In-house Medical Clinic- 6/5/12
EQUESTED CTION BY ITY OMMISSION
ER:
Review research and feasibility of bringing into the city an In-house
XPLANATION OF EQUEST
Medical Clinic. Staff has identified several options and will be meeting with CIGNA the end of
March to review programs and costs to bring back for Commission consideration.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
578 of 582
14. B
FUTURE AGENDA ITEMS
May 1, 2012
COBB
ITY F OYNTON EACH
AIRF
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CMD:
May 1, 2012
OMMISSION EETING ATE
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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:
Police Study - 5/15/12
EQUESTED CTION BY ITY OMMISSION
ER:
XPLANATION OF EQUEST
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
579 of 582
14. C
FUTURE AGENDA ITEMS
May 1, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 1, 2012
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:
Update on Neighborhood Stabilization Program (NSP) -
EQUESTED CTION BY ITY OMMISSION
5/15/12
ER:
XPLANATION OF EQUEST
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
580 of 582
14. D
FUTURE AGENDA ITEMS
May 1, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 1, 2012
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:
HUD Voluntary Compliance Agreement - 5/15/12
EQUESTED CTION BY ITY OMMISSION
ER:
XPLANATION OF EQUEST
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
581 of 582
14. E
FUTURE AGENDA ITEMS
May 1, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 1, 2012
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:
Special City Commission Budget Meetings, Monday, July
EQUESTED CTION BY ITY OMMISSION
16, 2012 @ 2:00 p.m., Tuesday, July 17, 2012 @ 9:00 a.m. and Wednesday, July 18, 2012 @ 2:00 p.m.
in the Library Program Room at the City Library
ER:
XPLANATION OF EQUEST
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
582 of 582