Agenda 05-13-03LAST NAME FZRST EXPZRES ADDRESS PROFESSZONAL
NAF,1E ASSOCTATTON
800 SW Ist CT Robert G. Currie & Assoc., Inc.
Aguila ~ 3ose 6/20/04 Boynton Beach 33426 134 NE 1st AVE
(561) 737-8894 Delray Beach, FL 33444
(561) 276-4951
Fax (561) 243-8184
.iose@curriearc.com
DeMarco Alexander 6/20/06 1o817 QUAIL COVEY RD An/ida Realty
BOYNTON BEACH 33436 901 N Congress Ave - Ste. B-102
Boynton Beach, FL 33426
(561) 732-6789 (561) 736-2400 Ext. 107
,~1 Fax (561) 736-1560
~ cristale@bellsouth.com
Fenton Don 1/10/06 2556 SW 23RD CRANBROOK DR Edward 3ones & Company
BOYNTON BEACH 33436 901 N Congress Avenue, Ste B-101
) Boynton Beach, FL 33426
(561) 737-0793 (561) 737-1442
Fax (561) 364-1536
Finkelstein Larry 1/10/05 4295 ST ANDREWS DRIVE Lamar Realty & Financial Group
BOYNTON BEACH 33436 114 N Federal Hwy., Ste 202
Boynton Beach, FL 33435
(561) 736-9790
Fax (561) 736-6290
Chair Ifgi@aol.com
Sailfish Realty
Heavilin Jeanne 1/10/05 PO BOX 3693 (734 NE 9TM AVE) 532 E Ocean Avenue
BOYNTON BEACH 33424
Boynton Beach, FL 33435
(561) 731-4474 (561) 738-6613
Fax (561) 738-7911
Vice Chair jheavilin@msn.com
926 SUNSET ROAD City of Delray Beach
Hoyland Michelle 1/10/04 BOYNTON BEACH 33435 Planning & Zoning Dept.
100 NW 1~t Avenue
I (561) 736-8668 Delray Beach, FL 33444
(561) 243-7040, Ext. 7047
Fax (561) 243-7221
mhoyland@delrayplanning.org
54 BENTWATER CTR Spanish River High School
Tillman Henderson 1/10/05 BOYNTON BEACH 33426-7646 5100 log Road
Boca Raton, FL 33496
% (561) 965-6776 (561) 241-2200, Ext. 2540
S:\CC\WP~BOARDS\LISTS\CRA Board.doc - bg - 05/13/2003
I. Call to Order.
COMMUNITY REDEVELOPMENT AGENCY
Tuesday, May 13, 2003
Commission Chambers
Boynton Beach
6:30 P.M.
II. Roll Call.
III. Agenda Approval:
A. Additions, Deletions, Corrections to the Agenda.
B. Adoption of Agenda.
IV. Consent Agenda.
A. Approval of Minutes - March 27th Workshop, April 8, & 17th CRA Board Meeting. April
24th Workshop and April 29th Joint City/CRA Workshop.- JH 35
B, Financial Report.
C. Purchas~g Manual
V. Public Audience. - J~
VI. Public Hearing '- t..51 ~
New Business
A. Land UseAmendment/Rezoning
1. PROJECT:
The Arches (LUAR 03-003)
Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any matter
considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of
the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.
1430
The CRA 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 CRA. Please contact Douglas
Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably
accommodate your request.
AGENT: Nancy C. Graham, Urban Principles, LLC
OWNER:
Contract Purchaser- Urban Principles, LLC
LOCATION:
Multiple blocks beginning at the southwest corner of Ocean
Avenue and US-1.
DESCRIPTION:
Request to amend the Comprehensive Plan Future Land Use
Map from Mixed Use (MX) to Mixed Use Core (MXC); and
Request to rezone from Central Business (CBD) to Mixed Use-
High Intensity (MU-H).
For mixed use development (commercial and residential).
B. Abandonment
1. PROJECT:
The Arches (ABAN 03-002) - I
AGENT:
Nancy C. Graham, Urban Principles, LLC
OWNER:
Contract Purchaser- Urban Principles, LLC
LOCATION:
Multiple blocks beginning at the southwest corner of Ocean
Avenue and US-1.
DESCRIPTION:
C, New Site Plan
Request abandonment of a portion of that certain 20 foot wide
alley lying adjacent to Lots 1 through 4 and Lots 11 through 14,
together with the north half of said alley lying south of and
adjacent to Lot 5, all in Block 7, ORIGINAL TOWN OF
BOYNTON.
1. PROJECT:
The Arches (NWSP 03-002)
AGENT:
Nancy C. Graham, Urban Principles, LLC
OWNER:
Contract Purchaser- Urban Principles, LLC
LOCATION:
Multiple blocks beginning at the southwest corner of Ocean
Avenue and US-1.
DESCRIPTION:
Request site plan approval for a Mixed-Use development
Any person who decides to appeal any decision of thc Community Kedevelopment Advisory Board with respect to any matter
considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of
the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.
1431
The CPA 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 CPA. Please contact Douglas
Hutcb~u.~on at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CPA to reasonably
accommodate your request.
consisting of 276 apartment units, 31,630 square feet of retail,
and 12,870 square feet of offices located on 3.515 acres.
D. Conditional Use
VII.
PROJECT:
AGENT:
Club Ovation (COUS 03-002)
Randy Grinter
OWNER:
LOCATION:
DESCRIPTION:
Code Review
1. PROJECT:
AGENT:
LOCATION:
Randy Grinter, Tommy Pauletti, Tommy Kansler
3637 South Federal Highway
Request for Conditional Use approval to allow athletic
competitions in a C-3 zoning district.
Building Height Measurement (CDRV 03-003)
City Initiated
City-wide
DESCRIPTION:
Request to amend the Land Development Regulations, Chapter
1, Article II. Definitions, "Building Height", to require the base
measurement be from an adjacent property or the minimum flood
elevation, to change the peak point of measurement for parapet
roofs, and to add a reference to the height exception process.
Director's Report: -- I~,O [
A. Updates
VIII. Old Business:
A. Ocean District Plan Presentation from City Staff.
B. Consideration of Adoption of Investment Policy.
C. Consideration of Human Resources Manual. --
Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any matter
considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of
the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.
1432
The CRA 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 CRA. Please contact Douglas
Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably
accommodate your request.
IX. New Business: I L,, } -~ -
5,~. A. Consideration of Deposit of Funds for Purchase of the Hall Property -/L~ ~'~'"'""'"-~
Bi""c0hnslderatio-n"of contractwith-Kirntey ~Hoi'ti/Bo'fkl;ihr-~'Co-fl-~tru-cti-o-ri-f'~-D-~.sign Build of
Boynton Beach Boulevard Extension, Promenade and River Walk. -
C. Consideration of Revision to Direct Incentive Program for Heart of Boynton Projects. -
, D. Consideration of Direct Incentive Request from Boyr~ton Ventures EEC. (The Arches
E, Consideration of RFQ for Feasibility Study for the Savage Creatures of Ancient Seas
Project. - I"TD
E. Consider Recommendation to Limit "Payment in Lieu of Parking" Program in the CBD.--~rloq
F. Consideration of RFP for outside Audit. -- I -I .5o
G. Consideration TCEA -- Iqb, i
H. Consideration of Core Grant Payment '--
X. Other Items:/$0~
XI. Adjournment.
Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any matter
considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of
the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.
1433
The CRA 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 CRA. Please contact Douglas
Hutchimon at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably
accommodate your request.
05/12/03 MON 09:04 FAX 561 842 5697 KIMLEY-HO~N WPB FL ~003
May 7, 2003
ami l~=bli¢ 'tb~lm
P.o~ Box ;~1329
i~lm BeKh. FL :)341e-1229
(56]) 6a4-4000
-'i
Bead ef County
Karen T. M~ Ch, at
Tomy M~sllml:J, vlc~ ChMrm.tn
Jeff 14nons
WM'ren H. New~ll
t4ary McCe~y
A~ie L Gm,fie
Mr. Michael W. Rumpf
Director of Planning & Zoning
Department of Development
P.O. Box 310
Boynton Beech. FL 34425-0310
_..R~.: ,'13)e Amh~ at BQyntortBeack- Revised Development Plan
TR~FIC PERFORMANCE STANDARDS
Dear Mr. Rumpf:
The Palm Beach County Trafrm Division has reviewed the traffic study lot the previ~ualy
approved rebind.use reclevMopment project entitled; The Amhea at Boywt~a Beach,
pursuant to the Trafr~ Performaflce b'tandards in Adicls 15 of the Palm Beach Colalty
Land Development Cede. The project is ~ummeri~ed as
Local:lan; In 2 blocks, South of Ocean Avenue, north of Zr~ Avenue,
and West of Federal Highway.
MunicipiNty: Bo~nton i~
ExliUng IMm: 82,000 SF General Retail. S MF ReskJentid Units, and
5,775 SF H~gh Turnover Restsurent
PropooadAdditJonl: 24,206 SF General RebiiJ, :)76 MF Residential Ur~b,
12,69~ SF Quality Restauraat, and 18,169 SF Genenal
Now Dally Trips: 965
Bullcl-out Year:. ZOOS
Baaed on our review, the Traffic Division hms cietmmlned that the revisiM developmmlt
plan for thio previously approved project meets the Traffic Performant:e Stm~clnrds of
Palm Beach Couflty.
If you have any questluns rqardir~ this cleterr~in;~:~fl,'t~r,e ~n~-~ at 684-4030.-
OFFICE OF THE COU.~NTY./~.NGIN~ER
SCE
Genital - ~. Idufl - TiMIc Study Review
roolB
~*J~M NHOH-A,1FIRI~
8Tcg COS Tgg trY& 8):90 MaN C0/ZT/SO
TO:
FROM:
THROUGH:
DATE:
PRO3ECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNI~NG & ZONZNG DZVZSZON
MEMORANDUM NO. PZ 03-10S
Chairman and Members
Community Redevef~op~nent Agency Board
Dick Hudson, AICP~r~
Senior Planner
Michael W. Rumpf
Director of Planning and Zoning
May 2, 2003
The Arches at Boynton Beach (LUAR 03-003)
Amend the future land use from Mixed Use to Mixed Use-Core
and rezone from CBD Central Business District to MU-H Mixed
Use-High Intensity
Property Owner(s):
Applicant/Agent:
Location:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
Adjacent Uses:
North:
PRO3ECT DESCR/P'I/ON
MGR of Palm Beach, Inc.
Dolphin Bar, Inc.
Prime Plaza, Inc.
Christiane Francois and Marisa G. Ritts
Boynton Ventures 1, LLC/Nancy C. Graham
Southwest corner of Ocean Avenue and Federal Highway, extending
south to SE 2"d Avenue and west to SE 4m Street (see Exhibit
Mixed Use (MX)
CBD Central Business District
· Mixed Use-Core (MX-C)
Mixed Use-High Intensity (MU-H)
Mixed use development consisting of retail commercial, office and
residential uses
Right-of-way of East Ocean Avenue then developed commercial uses
classified MX Mixed Use and zoned CBD Central Business District
1519
page 2
File Number: LUAR 03-003
The Arches at Boynton Beach
South:
East:
Right-of-way of SE 2"d Avenue then developed commercial designated NIX
Nixed Use and zoned CBD Central Business District
Right-of-way of Federal Highway then developed commercial designated
MX Mixed Use and zoned CBD Central Business District
West:
On the northwest, developed commercial designated MX Nixed Use and
zoned CBD Central Business District. On the southwest the right-of-way
of SE 4th Street then developed commercial designated MX Nixed Use
and zoned CBD Central Business District.
PRO.IECT ANAL¥$:~-~
The parcels, which are the subject of this land use amendment, total 5.:~$ acres. Because of
the size of the property under consideration, the Florida Department of Community Affairs
classifies this amendment as a "small scale" amendment. A "small-scale" amendment is
adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed
for compliance with the state, regional and local comprehensive plans prior to adoption.
The criteria used to review Comprehensive Plan amendments and rezonings are listed in the
Land Development Regulations, Chapter 2, Section 9, ,4dm/n/stratz'on and Enforcement, Item C.
Comprehensive P/an Amendments: Rezon/ngs. These criteria are required to be part of a staff
analysis when the proposed change includes an amendment to the Comprehensive Plan Future
Land Use Nap.
a. Whether the proposed rezoning would be cons/stent with applicable comprehensive
p/an po/lc/es including but not//m/ted to, a prohibit'on against any increase/n
dwelling unit density exceeding 50 in the hurricane evacuation zone without written
approval of the Palm Beach County Emergency Planning D/v/sion and the City's risk
manager. The planning department shall a/so recommend/imitations or
requirements, which would have to be imposed on subsequent development of the
property, in order to comply with policies contained in the comprehensive p/an.
The proposed rezoning is consistent with the applicable Comprehensive Plan policies and
directions. The requested land use designaUon and zoning provide the developer greater
intensity and flexibility for development than do the current land use designation and zoning.
The Mixed Use-Core land use designation and the Mixed Use-High Intensity zoning district were
adopted in response to directions in the "?edera/N/ghway Corridor Community Redevelopment
Plan"and are consistent with the recommendations of that study. While the land area currently
designated for this use is relatively small (+19 acres) it has been the City's intent to expand the
area on a project-by-project basis in order to review land use compatibilities and control the
potential impacts to the City's service delivery systems until adequate capacity exists concurrent
with demand.
Whether the proposed rezoning would be contrary to the established/and use
pattern, or would create an isolated district unrelated to adjacent and nearby
districts, or would constitute a grant of spedal privilege to an individual property
owner as contrasted with the protect/on of the public we/fare.
1520
Page 4
File Number: LUAR 03-003
The Arches at Boynton Beach
g. Whether the proposed rezoning is ora scale which is reasonably related to the
needs of the neighborhood and the city as a whole.
Criteria for evaluating the benefits of the proposed development to the needs of the
neighborhood and the City include service demands, density, use, value and consistency with
Comprehensive Plan policies. As indicated above the project is consistent with the
Comprehensive Plan and the Federal Highway Corridor Community Redevelopment Plan, ample
capacity exists to meet the service needs generated by the proposed project, and it will serve to
provide an economic contribution to both the neighborhood and the City.
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed.
The area of the City presently designated for Mixed Use Core land use contains only +19 acres,
including the present Marina site. This is not enough land to create the critical mass necessary
to underpin the redevelopment envisioned for the City's downtown. The addiUon of this
property will provide a valuable contribution to both the physical and economic revitalization of
the City.
CQNCLUS~ONSI RECOM f4 EN DAT~ONS
As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will
not create additional impacts on infrastructure that have not been anUcipated in the
Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the
overall economic development of the City. Therefore, staff recommends that the subject
request be approved. ]rf the Planning and Development Board or the City Commission
recommends conditions, they will be included within Exhibit "B".
A~I'ACH NI ENTS
S:\Plannlng~SHARED\WP~PRO.1ECTS~,RCHES ~ BB\LUAR~T'AFF REPORT NEW.doc
1522
Page 3
File Number: LUAR 03-003
The Arches at Boynton Beach
The proposed rezoning would not create an isolated district but would relate to other properties
in the downtown area that are currently or will be a part of the revitalization of the area.
c. Whether changed or changing conditions make the proposed rezoning desirable,
and,
e. Whether the proposed rezon/ng would be compaLfb/e w/th the current and future
use of adjacent and nearby properties, or would affect the property values of
adjacent or nearby properties.
The addition of the two mixed use land use designations, Nixed Use and Nixed Use-Core, and
the accompanying Nixed Use/Low-Intensity and Mixed Use/High-Intensity zoning districts have
provided greater options for development and redevelopment in the downtown area than was
possible with the CBD Central Business District zoning. The flexibility includes additional
density, building height, and setback requirements. Furthermore, this rezoning and the
resulting development would move the city a step closer to realization of its expressed vision of
an urban downtown environment.
d. Whether the proposed use would be compatible with utility systems, roadwayS,. and
other pub/lc facilities.
The Palm Beach County Traffic Division has reviewed the application and responded that the
project meets the Traffic Performance Standards of Palm Beach County under the following
conditions:
· Provision of an exclusive east bound Right-turn lane at the intersection of
Federal Highway and 1't Avenue; and,
· Provision of adequate right-of-way on the southwest quadrant of the intersection
of Federal Highway and Ocean Avenue for ~uture intersection expansion.
Preliminary estimates show that the project's demand for water flow will be approximately
129,438 gallons per day. Water Utilities has stated that the City has unreserved capacity
remaining. With respect to solid waste, in a letter dated December I8, 2001 the Palm Beach
County Solid Waste Authority has stated that adequate capacity exists to accommodate the
county's municipalities throughout the 10-year planning period. The School District of Palm
Beach County responded on April I 1, 2003 that they have reviewed the application and has
determined that adequate capacity exists to accommodate the resident population. Lastly,
drainage will also be reviewed in detail as part of the review of the conditional use application,
and must satisfy all requirements of the city and local drainage permitting authorities.
f. Whether the property is physically and economically developable under the existing
zoning.
The property is currently developed and could be redeveloped using the existing land use
designation and zoning; however, because of the limitations found in the CBD Central Business
District zoning regulations, the resulting redevelopment would not be consistent with the vision
for the core of the City as expressed in the "Fedora/Highway Corridor Community
Redevelopment P/an".
1521
Location Map
The Arches at Boynton Beach
LUAR 03-003
EXhibit "A"
PU
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RE
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S,'- 2NB-¢¢¢~~,
z~
CBD~
F OCFAN AVF :,
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1523
DEVELOPMENT DEPARTMENT
PLANNING. AND ZONING DIVISION
MEMORANDUM NO. PZ 03-091
TO:
THRU:
FROM:
DATE:
SUBJECT:
Chairman and Members
Community Redevelopment Agency Board
Michael W. Rumpf
Planning and Zoning Director
Maxime Ducoste-Am6d6e
Planner
APril 17, 2003
Abandonment of a portion of that certain 20.00 foot wide alley lying adjacent to Lots 1 through 4 and
Lots 11 through 14, together with the north half of said alley lying south of and adjacent to Lot 5, all
in Block 7, ORIGINAL TOWN OF BOYNTON (ABAN 03-002).
NATURE OF REQUEST
The applicant and agent for Boynton Ventures I LLC, Nancy C. Graham, is requesting to abandon a portion of
the 20-foot wide alley located between S. Federal Highway and S.E. 4th Street. This request to abandon a
public alley was submitted on March 3, 2003. This abandonment is for the following unimproved platted alley
segment:
A portion of that certain 20.00 foot wide alley lying adjacent to Lots 1 through 4 and Lots 11 through
14, together with the north half of said alley lying south of and adjacent to Lot 5, all in Block 7,
ORIGINAL TOWN OF BOYNTON, according to the plat thereof as recorded in Plat Book 1, Page 23
of the Public Records of Palm Beach County, Florida.
The location map attached as Exhibit "A" shows the general vicinity of the street right-of-way to be abandoned.
The attached Exhibit "B"- "Proposed Abandonment" shows the location of the subject property and includes a
detailed location of the alley to be abandoned and its legal description.
The following is a description of the zoning districts and land uses of the properties that surround the subject
request.
No~h
Right-of-way for Ocean Avenue and farther north are developed properties zoned Central
Business District (CBD);
South
Right-of-way for Southeast 2"d Avenue and farther south is a developed commercial
plaza zoned Community Commercial (C-3);
East
Right-of-way for Federal Highway and father east is developed commercial properties
zoned CBD; and
West
Developed commercial properties in Block 7 zoned CBD and then farther west is right-of-
way for Southeast 4th Street and still farther west is developed commercial properties
zoned CBD.
1524
BACKGROUND
Page 2
Memorandum No. PZ 03-091
ABAN 02-003
In July of 1898, the Plat of Original Town of Boynton was approved. It included several 20-foot wide alleys
dedicated to the perpetual use by the public, reserving unto the developers or successors the right of reversion
if not used as such.
The properties located on the north and south sides of the alley segment to be abandoned are under a
purchase contract by the applicant Boynton Ventures 1 LLC. The applicant has the intention of vacating the 20-
foot alley to consolidate the property and facilitate the development of a mixed-use project (see Exhibit "C"-
ARCHES Site Plan). Specifically, this area would be used for the public plaza as shown on the proposed site
plan. As indicated on the survey, the segment of the alley to be vacated measures approximately 240 linear
feet. All existing infrastructure within the alley will be relocated to the perimeter of the project, along SE 1st
Avenue. A twelve-foot (12)wide utility easement will be dedicated to Bellsouth for their underground conduit.
When abandoned the lot/easement will revert to the adjacent property owners.
ANALYSIS
Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the right-
of-way to be abandoned, all utility companies have been notified and the request has been advertised in the
newspaper. A summary of the responses from the utility companies and city staff is as follows:
CITY DEPARTMENTS/DIVISIONS
Engineering
Public Works/Utilities
Planning'and Zoning
No objection
Pending (see Exhibit "E")
No objection
PUBLIC UTILITY COMPANIES
Florida Power and Light
Bell South
Florida Public Utilities Company
Cable Company (Adelphia)
Cable Company (Comcast)
Approval with conditions (see Exhibit "E")
Approval with conditions (see Exhibit "E")
Approval with conditions (see Exhibit "E")
Approval with conditions (see Exhibit "E")
N/A
The historical configuration of Block 7 of the Odginal Town of Boynton subdivision provided the lots with frontage
on E. Ocean Avenue and SE 1~t Avenue. A twenty (20) foot alley dissects Block 7, extending east to west. The
existing parcel configuration of Block 7 of the Original Town of Boynton subdivision as shown on the tax map
indicates that Lot. 9.1 and Lot 8.2 are not unified. Subsequent subdivision of the parcels of this plat has been
created disregarding .the minimum standards of the CBD. Lot 9.1, which abuts the subject alley measures
approximately 75 feet wide and conforms to the minimum lot frontage requirement of the Central Business District
(CBD), based on access and frontage along the twenty (20) foot wide alley (see Exhibit "D").
Therefore, if the existing parcel configuration is as shown on the tax map and not under unity of title with the
adjacent parcel to the west, the approval of the requested abandonment will reduce down the frontage of the
abutting parcel, south of the subject alley.
RECOMMENDATION
Staff recommends that this request to abandon the portion of the 20-foot wide alley as described above, be
approved, subject to the comments included in Exhibit "E" - Conditions of Approval. Any conditions required by
the Community Redevelopment Agency Board and the Commission will be placed in Exhibit "E" - Conditions of
Approval. 1525
xc: Central File
S:~Planning\SHARED\WF~PROJECTS~ArcI~esV~,SAN 03-002~taff report.doc
Condit/ons of ^pproval
2
DEPARTMENTS INCLUDE REJECT
nonconformity:
a) assembly and unification with an adjacent parcel to obtain
minim/ze frontage;
b) a variance be requested and granted; and
c) limit the abandonment to the easterly portion of the alley,
specifically approximately the first 190 linear feet and, modify
the site abandonment accordingly.
PRIVATE UTILITIES
Comments: I I
5. Adelphia has no objections in the abandonment as long as Adelphia facilities [are ~ranted the proper easement I
6. Any and all costs resulting in the relocation or removal of Adelphia facilities
due to said abandonment are paid by the customer and/or property owner
and/or requesting party.
7. Florida Power & Light has no objection to the abandonment contingent
upon the following conditions:
a) FPL acquiring all additional easements for any and all existing or
proposed FPL facihties necessary to service any and all existing
and proposed future construction requiring electrical service at
the abandoned site. This includes but is not limited to ten (10)
foot easements adjacent to both sides of all major thoroughfares.
b) All easements where FPL facilities exist are not considered
abandoned until said facilities are de-energized, relocated and/or
removed.
c) Any and all cost resulting in the relocation or removal of FPL
facilities due to said abandonment are paid by the customer
and/or requesting party.
8. Florida Public Utilities Company has existing gas facilities within the
referenced proposed abandonment area. Therefore, must object to said
abandonment unless the following conditions are met:
d) All related relocation expenses will be paid by the party
requesting the abandonment by the date specified by Florida
Public Utihties Company.
1527
e) A separate easement must be granted to Florida Public Utilities
Company within the referenced area. All related easement
expenses will be paid by the party requesting the abandonment
by the date specified by Florida Public Utilities Company.
Project name: The Arches
File number: ABAN 03-002
EXHIBIT "E"
Conditions of Approval
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: Pending
PUBLIC WORKS- Traffic
Comments: None
UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DMSION
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENTALIST
Comments: None
PLANNING AND ZONING
Comments: 1526
1. If the parcel configuration of Block 7 is as shown on the tax map, and the
frontage of Lot 9.1 is reduced to a non-conforming length, than one of the
following steps, or alternative action, should be taken to prevent the
Location Map
The Arches at Boynton Beach
EXHIBIT "A"
P
REC',
C3
CBDi_
F OCFAN AVE I
R3
1529
DEPARTMENTS INCLUDE REJECT
9. Bellsouth provisionally agree to Statement of No Objection to the proposed
abandonment subject but not limited to the following conditions:
f) A utility easement will be provided to support B¢llsouth's main
conduit system that is underground through the existing alley.
g) Relocation costs to rearrange existing telecommunication lines in
the vicinity of the project.
h) Bellsouth will require conduit structure for furore cable
placements under an area of the proposed project where
construction of conduit would not be practical after completion of
the Arches project.
i) Vehicular access to the area where the existing BelIsouth
Manhole is located twenty-four hours/seven days a week.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
1. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:kPlanning~SHARED\WPkPROJECTSkARCHES ~ BBkABAN~COA2.doc
1528
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TOWN OF iBOYNTON
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BLOCK
ORIGINAL TOWN OF 8OYNTON
PLAT BOOK 1, PAGE 2.3
POINT OF
EXHIBIT "B"
PROPOSED
ABANDONM~
1530
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EXHIBIT "E"
Conditions of Approval
Revised
Project name: The Arches
File number: ABAN 03-002
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: Pending
PUBLIC WORKS- Traffic
Comments: None
UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENTALIST
Comments: None
PLANNING AND ZONING
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments:
1. If the parcel configuration of Block 7 is as shown on the tax map, and the
frontage of Lot 9.1 is reduced to a non-conforming length, than one of the
following steps, or alternative action, should be taken to prevent the
nonconformity:
a) assembly and unification with an adjacent parcel to obtain
minimize frontage;
b) a variance be requested and granted; and
c) limit the abandonment to the easterly portion of the alley,
specifically approximately the first 190 linear feet and, modify
the site abandonment accordingly.
2. This approval is contingent upon satisfying any conditions from the City Of
Boynton Beach Engineering Division.
PRIVATE UTILITIES
Comments:
3. Adelphia has no objections in the abandonment as long as Adelphia facilitiesI I
are granted the proper easement
4. Any and all costs resulting in the relocation or removal of Adelphia facilities
due to said abandonment are paid by the customer and/or property owner
and/or requesting party.
5. Florida Power & Light has no objection to the abandonment contingent
upon the following conditions:
a) FPL acquiring all additional easements for any and all existing or
proposed FPL facilities necessary to service any and all existing
and proposed future construction requiring electrical service at
the abandoned site. This includes but is not limited to ten (10)
foot easements adjacent to both sides of all major thoroughfares.
b) All easements where FPL facilities exist are not considered
abandoned until said facilities are de-energized, relocated and/or
removed.
c) Any and all cost resulting in the relocation or removal of FPL
facilities due to said abandonment are paid by the customer
and/or requesting party.
6. Florida Public Utilities Company has existing gas facilities within the
referenced proposed abandonment area. Therefore, must object to said
abandonment unless the following conditions are met:
DEPARTMENTS INCLUDE REJECT
d) All related relocation expenses will be paid by the party
requesting the abandonment by the date specified by Florida
Public Utilities Company.
e) A separate easement must be granted to Florida Public Utilities
Company within the referenced area. All related easement
expenses will be paid by the party requesting the abandonment
by the date specified by Florida Public Utilities Company.
7. Bellsouth provisionally agree to Statement of No Objection to the proposed
abandonment subject but not limited to the following conditions:
f) A utility easement will be provided to support Bellsouth's main
conduit system that is underground through the existing alley.
g) Relocation costs to rearrange existing telecommunication lines in
the vicinity of the project.
h) Bellsouth will require conduit structure for future cable
placements under an area of the proposed project where
construction of conduit would not be practical after completion of
the Arches project.
i) Vehicular access to the area where the existing Bellsouth
Manhole is located twenty-four hours/seven days a week.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
1. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:LPlanning\SHARED\WPLPROJECTS~,ARCHES ~ BBXABAN\COA2.doc
TO:
TH RU:
FROM:
DATE:
PRO3ECT NAME/NO:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNZNG AND ZON'rNG DZVZSZON
MEMORANDUM NO. PZ 03-:1.00
STAFF REPORT
Chairman and Members
Planning and Development Board and City Commission
Michael Rumpf
Planning and Zoning Director
Eric Lee .lohnson, AICP
Planner
May 5, 2003
The Arches / NWSP 03-002
New Site Plan
Property Owner:
Applicant:
Agent:
Location:
Existing Land Use/Zoning:
Proposed Land Use/Zoning:
Proposed Use:
Acreage:
Adjacent Uses:
North:
South:
East:
PRO3ECT DESCR.I:PI']:ON
Multiple owners, including MGR of Palm Beach, :Inc.,
Dolphin Bar ]:nc., and Prime Plaza, :inc.
Boynton Ventures 1, LLC
Nancy C. Graham, Urban Principles, LLC
Beginning at the southwest corner of Ocean Avenue and
Federal Highway (see Exhibit "A'- LocaUon Map)
Mixed Use (MX) / Central Business District (CBD)
Mixed Use Core (MXC) / Mixed Use-High (MU-H)
Mixed Use project including Residential Multi-family,
Parking Garage, Office and Retail.
3.515 acres (153,113.4 square feet)
Right-of-way for Ocean Avenue and farther north are developed properties zoned
Central Business District (CBD);
Right-of-way for Southeast 2nd Avenue and farther south is a developed commercial
plaza zoned Communib/Commercial (C-3);
1533
Right-of-way for Federal Highway and father east is developed commercial
Staff Report - The Arches (NWSP 03-002)
Memorandum No PZ 03-100
Page 2
West:
properties zoned CBD; and
Developed commercial properties in Block 7 zoned CBD and then farther west is
right-of-way for Southeast 4~ Street and still farther west is developed commercial
properties zoned CBD.
Project size:
Site Characteristics:
Proposal:
Concurrency:
Traffic.'
Dwelling Units: 276 Multi-family units
81 one (1)-bedroom
195 two (2) and three (3)-bedroom
Commercial: 24,296 square feet
Office: 18,169 square feet
Restaurant: 12,699 square feet
The subject lots are currently developed with multiple buildings and occupied by
various commercial uses.
BACKGROUND
Nancy C. Graham of Urban Principles, LLC. has assembled many lots within almost
two city blocks in order to develop a large scale mixed use project. The project
would consist of three (3) separate buildings ranging from three (3) stories to 10
stories in height. On the site plan, the proposed buildings are labeled Building "A"
through Building "E" (see Exhibit "B" - Site Plan). Nonetheless, if approved, the
applicant would request building permits consolidating all buildings into three (3)
groups. Approval of.this project is contingent upon the accompanying request to
rezone (LUAR 03-003) the property from Central Business District (CBD) to Nixed-
Use High (MU-H). The applicant has also submitted a request to abandon a portion
of an alley on Block 7 (ABAN 03-002) (see Exhibit "C" - Conditions of Approval).
As of today, this project represents the second "mixed-use" type of development
for the City within the newly created MU-H zoning district. Retail and restaurant
uses would primarily occupy the ground floor level while office and residential uses
would occupy the second and remaining upper floors levels. This scenario would
be consistent with the standards of the MU-H zoning district. The project is to be
built in one (1) phase.
ANALYSTS
Generally, a project's anticipated traffic Is generated by two factors, namely the
proposed use and its intensity. ]~ntensity is typically measured by the proposed
building area (in square feet). This project's traffic study was reviewed and
approved by the Palm Beach County Traffic Division. However, subsequent to the
Traffic Division approval, the plans were revised to reflect slightly different
intensities. Since the Traffic Division already approved the traffic study for
concurrency purposes, this minor discrepancy between the traffic study and the
site plan shall be rectified during the permit review process (see Exhibit "C" -
Conditions of Approval). -- 1534
Staff Report - The Arches (NWSP 03-002)
Memorandum No PZ 03-100
Page 3
Drainage:
SchOol:
Driveways:
Parking Facility:
Conceptual drainage information was provided for the City's review..The
Engineering Division is recommending that the review of specific drainage solutions
be deferred until time of permit review. All South Florida Water Management
District permits and other drainage related permits must be submitted at time of
building permit (see Exhibit "C" - Conditions of Approval).
The project has met the school concurrency requirements of Palm Beach County.
The proposed development is considered a large-scale mixed-use project that
would encompass nearly two (2) full city blocks. The project can be characterized
by"urban / infill' development whereby front building setbacks are minimal and off-
street parking is relegated to a subordinate role. The plans show that a parking
garage would provide for the vast majority of off-street parking spaces,-which is
intentionally proposed to be located to the "rear" of the project (along SOutheast 4m
Street). Also, the project is not proposing traditional driveways and surface parking
lots like "suburban';type of projects (where driveways connect to off-street parking
located in front of the buildings). Conversely, this project proposes only one
surface parking lot. This lot would be cradled between buildings and unseen from
adjacent rights-of-way. This at-grade Parking lot would have two (2) points of
ingress / egress. The driveway openings for the lot are proposed at 24 feet in
width and would provide for two (2)-way traffic. As proposed, the driveway runs in
a northerly-southerly direction, connecting Southeast 1~t Avenue to Southeast 2nd
Avenue.
Similarly, the'parking garage would have two (2) entrances of its own. Both
driveway openings would allow for ingress / egress movements. All other
entrances to the development are for pedestrians only.
Off-street parking for the proposed MU-H zoning district must meet the
requirements in Chapter 2, Section :1:1. H., of the Boynton Beach Land Development
Regulations. The project proposes a mix of residential, office-retail, and commercial
uses. One-bedroom apartment units require one and one-half (:11/2) parking
spaces. Two and three bedroom apartment units require two (2) parking spaces
each. The project proposes 276 units (a mixture of one, two, and three bedrooms),
'which would require 512 parking spaces. Restaurant uses require one '(:1) parking
space per :100 square feet of gross floor area or one (:1) parking space per 2.5
seats, whichever is greater. Since the total number of seats is undetermined at this
time, the parking methodology would be based on the gross floor area (:[2,600
square feet). Based on the gross floor area, the restaurant use would require :126
parking spaces, which is also equivalent to 50 seats. The office-retail use requires
one (:1) parking space per 200 square feet of gross (net) leasable floor area. Under
this standard methodology for calculating required off-street parking spaces, a
grand total of 8:19 parking spaces would be required. However, because the
applicant is simultaneously requesting to rezone the subject site from the Central
Business District (CBD) to the Mixed Use-High (MU-H) zoning district, the project
would be permitted to utilize the Urban Land Institute's Shared Parking Table
methodology as a basis for calculating the required number of off-street parking
1535
Staff Report - The Arches (NWSP 03-002)
Memorandum No PZ 03-100
Page 4
Landscaping:
spaces. Therefore, based on the proposed uses and their respective building areas,
the required number of parking spaces would be 750 (see Exhibit "C" - Conditions
of Approval).
The applicant is proposing a multi-use parking garage that would accommodate up
to 718 vehicles, including 15 handicap spaces. According to the 1st Floor Plan
(prepared by Looney Ricks Kiss), a total of 42 parking spaces are proposed on the
bottom floor. Also, these 42 spaces would be used for "convenience parking".
Each subsequent floor would contain 98 parking spaces (on floors 2 - 7); except
the eighth (8th) floor, which would have 88 parking spaces. The 9~ floor of the
structure would be an open-air deck to serve as the recreation area for the
apartment residents. A surface parking lot would provide for 35 additional parking
spaces. As previously mentioned, this lot is proposed within the interior of Block
12. This lot would extend between Southeast Ist Avenue and Southeast 2"d Avenue
with Eco-stone pervious pavers surface material. This material would help meet
the minimum 15% pervious area required of the MU-H zoning district. Regular
parking space dimensions would conform to code requirements of nine feet by
eighteen feet for 90 degree parking and nine feet by twenty-five feet for parallel
spaces. Handicap spaces would be dimensioned twelve feet by eighteen feet.
In conclusion, the parking garage combined with the surface parking lot would
provide 753 parking spaces or an excess of three (3) spaces. However, the parking
could be negatively impacted in the future if the .applicant requests additional
apartment units, restaurant seating (more than 50 seats) or more leasable floor
area for the retail-office uses. If these intensities are Increased, thereby creating a
parking deficiency, the applicant may request to pay a."fee in lie6" of parking in
order to compensate for the difference. Regardless, all requests to pay a "fee in
lieu" of would require approval from the Community Redevelopment Agency Board
and City Commission (see Exhibit "C"- Conditions of Approval). Between October
1, 2002 and September 30, 2003, the "fee in lieu" of parking spaces cost $1,000
each. Payment of the fee is required prior to the Issuance of the first building
permit. In addition to the off-street parking, the project is proposing 32 on-street
parking spaces. However, these spaces cannot contribute towards the number of
provided parking spaces. 'According to the applicant, however, they will be
unrestricted and open for public use.
The MU-H zoning district requires that at least 15% of the property is pervious
area. The landscape plan shows that the total pervious area would equal 4:~,360
square feet (0.94 acres) or ~.6.6% of the site. This is accomplished by using
31,832 square feet of pervious paving material called "Eco-stone". Essentially, the
typically impervious surface of the at-grade parking lot would be replaced with Eco-
stone. According to the applicant, Eco-stone Is a hard, pervious surface that allows
water to permeate through. These "Eco-stone" pavers would also be used on
pedestrian walkways and plazas proposed throughout the project. The pavers
would be utilized in conjunction with the traditional pervious / landscaped areas. It
should be noted that the Eco-stone pavers were not included within the drainage
calculations of the Grading and Drainage Plan. The pavers are purposely used to
meet the 1,5% pervious requirement of the MU-H zoning district. Staff fully
1536
Staff Report - The Arches (NWSP 03-002)
Memorandum No PZ 03-100
Page 5
Building and Site:
endorses this concept (within the Mixed Use zoning districts).
The traditional landscaped areas would total 9,528 square feet or 0.219 acres.
According to the tree survey, the subject site currently contains 110 existing trees.
The species consist of the following trees: Fox'tail, Coconut, Christmas, Cabbage,
Royal,'Queen, and Solitaire palm trees and Oak,"Pink Tabebuia, and Mahogany.
shade trees. Many of these trees would be relocated to the School of the Arts High
School in West Palm Beach. The recently adopted regulaUons for the MU-H district
provide specific landscape requirements that are addressed in the proposed
landscape plan. The trees proposed within the streetscape include Live Oak,
Dahoon Holly, and Medjool Date palm trees. Palms would be used in the
streetscape In areas of conflict with utility easements. The landscape plan shows
that 187 shade/palm trees are proposed, of which, 52% woUld be native species.
The landscape plan also proposes 1,172 shrubs/hedges/accents, of Which, 61%
would be native species.
Building and site design as proposed would generally meet code requirements
when staff comments are incorporated into the permit drawings. Many of the
buildings would have varying heights but are Interconnected at the base level (as
shown on the floor plans and elevations). The maximum height allowed by the
· MU-H zoning district is 150 feet. All proposed buildings would comply wil~h this
maximum height requirement.
The site plan (sheet 3 of 6, prepared by Shah DrotOS) shows the buildings labeled
"A" through "E". Building "A" would be five (5) stories tall with the top of the roof
at 63 feet - 4 inches in height. The top of the elevator shaft would be 70 feet - 4
inches in height. Building "B" is proposed at the southwest corner of Ocean
Avenue and Federal Highway. Building "B" would be three (3) stories tall with the
top of the roof at 41 feet in height. Building "B" is connected to Building "A" by a
sky bridge. The sky bridge would occur on the third floor. Building "C'; which
fronts on Federal Highway would be ten (10) stories tall and total lZ5 feet - 8
inches in height. The elevations show that the height of the elevator shafts and
pitches in the parapet walls of Building "C" would vary. Several flagpoles with
varying heights'are proposed on building "C". The top of the tallest flagpole is
proposed at :139 feet in height. Building "D"would contain a mix of uses, similar to
the other buildings except, this building would be attached to the parking garage
(Building "E"). Building "D" would be eight (8) stories tall with varying roof heights
of up to 10! feet- 5 inches in height. The elevations show that the east portion of
Building "D" (along Federal Highway) would be four (4) stories tall and 52 feet- 8
inches in height. Building "E'; the parking garage, would be a total of nine (9)
stories. The ninth story would be unroofed (open-air) and used as the recreation
area. The height of the proposed structure would vary but ultimately would be a
maximum 86 feet- 5 inches. The recreation area would inclUde a swimming pool
and cabana. The cabana structure would be screened from views from the side
streets by the parapet walls. However, the proposed trees may be seen from the
side streets as they continue to mature.
1537
Staff Report- The Arches (NWSP 03-002)
Memorandum No PZ 03-100
Page 6
Design:
The project as a whole has been designed to graduate the arrangement of
density. The ground floor and upper level floors.have been designed as a series
of interlocking spaces, unified by architectural .elements, while preserving the
existing street grid. The project's four (4) main arches form one of these key
elements. Other design elements that unify the project include the following:
Extensive high quality treatment of ground floor public space, high quality
building material (such as brick facades), discrete separation of private
residential spaces (to the rear and upper levels of the project), articulated
building bases with store fronts, pilasters, cornices, and arcades.
The public space would be easily accessible and open year round. ]:nternal
public space in the form of a spacious plaza organizes and unifies the northern
block and provides the essential public connection to Ocean Avenue. In fact,
· the public plaza is proposed at 12,500 square feet in area. A central feature of
the public plaza Is a water fountain. ]:ts placement would be used as a focal
point, although subtly, it provides relief and balance to' the hardscape and
landscape elements of the plaza.
The project can be described as classic "mainstreet" architecture that reflects a
composition of styles, ultimately creating an "urban" sense of place. The
proposed building materials would be a combination of brick, stucco, glass, and
ironwork. These, according to the applicant, were selected to reinforce the
diversity of texture element common at a "mainstreet". However, the elevations
do not indicate the paint manufacturer's name or color code. This information
must be included on the elevations prior to the issUance of a building permit
(see Exhibit "C" - Conditions of Approval). The appficant intends to use the
same freestanding outdoor lighting fixtures that the City installed along the
sidewalk on Ocean Avenue. The project would contain a combination of black
poles / lamps within the project interior and teal poles / lamps along Federal
Highway and Ocean Avenue (see Exhibit"D'- SA Ught Pole Detail).
Signage:
No project signage is proposed with this submittal. All proposed signage must be
reviewed and approved by the CRA Board and the City Commission. Staff
recommends utilizing a sign program for the entire project to ensure sustained
continuity throughout the life of the project (see Exhibit "C" - Conditions of
Approval).
RECOMMENDATION:
The Technical Review Committee CI'RC) has reviewed this request for new site plan approval. Staff
recommends approval, contingent upon the approval of the concurrent rezoning application, successful
abandonment of the alley, and all comments indicated in Exhibit "C" - Conditions of Approval. Any
additional conditions recommended by the Board or City Commission shall be documented accordingly in
the Conditions of Approval.
1538
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EXHIBIT "C"
Conditions of Approval
Project name: The Arches
File number: NWSP 03-002
Reference: 2nd review plans identified as a New Site Plan with an April 22, 2003 Planning & Zoning Division
date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments:
1. Prior to permit application contact the Public Works Department (561-742-
6200) regarding the storage and handling of refuse. The dumpster will be
supplied b~, Public Works.
PUBLIC WORKS- Traffic
Comments:
2. Provide "2 Hr Parking - 8:30 A.M. to 5:30 P.M." signs along Ocean Avenue,
SE 1st Avenue, SE 2nd Avenue, and SE 4th Street, at approximate 100 feet
spacing.
3. Add "No Parking" signs along Federal Highway.
UTILITIES
Comments:
4. All utility easements shall be shown on the site plan, landscape plan, and
water and sewer plans. In general, palm trees will be the only tree species
allowed within utility easements. Canopy trees may be planted outside the
easement to ensure that the roots and branches will not impact those utilities
within the easement in the foreseeable future. According to Chapter 7.5,
Article I, Section 18.1, the public utilities has the authority to remove any
trees that interfere with utility services, either in utility easements or public
rights-of-way.
5. Fire flow calculations will be required demonstrating the City Code
requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV,
Section 16, or the requirement imposed by insurance underwriters, whichever
is greater (see CODE, Section 26-16(b)).
6. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid
for this project either upon the request for the Department's signature on the
Health Department application forms or within 30 days of site plan approval,
whichever occurs first. This fee will be dete~fifd based upon final meter
size, or expected demand.
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
7. The LDR, Chapter 3, Article IV, Section 3.P requires a statement be included
that (all other) utilities are available and will be provided by the appropriate
agencies. This statement is lacking on the submitted plans.
FIRE
Comments:
8. Design documents shall demonstrate compliance with LDR Chapter 6,
Section 16, which provides requirements for hydrants. In addition to
domestic requirements at a residual pressure of not less than 20 psi, a fire
flow of at least 1500 gpm is required.
9. Design documents where underground water mains and hydrants are to be
provided, must demonstrate that they will be installed, completed, and in
service prior to construction work per the Florida Fire Prevention Code
(2000) Section 29-2.3.2.
10. High-rise buildings shall be protected throughout by a Class I standpipe
system in accordance with Section 9.7. Florida Fire Prevention Code, (2000)
Section 11.8.2.2.
11. Class 1, Type 60, standby power in accordance with NFPA 70, National
Electrical Code, and NFPA 110, Standard for Emergency and Standby
Power Systems, shall be provided. Florida Fire Prevention Code, (2000)
Section 11.8.4..2.
POLICE
Comments: None
ENGINEERING DMSION
Comments:
12. It may be necessary to replace or relocate large canopy trees adjacent to light
f~xtures to eliminate future shadowing on the parking surface (LDR, Chapter
23, Article II, Section A. 1.b).
13. A new SFWMD permit or a modification to the existing permit will be
required for the proposed tie-in to the storm sewer system in SE 1st Ave
14. Stormwater connection fees (Fee-In-Lieu-of Capital Improvements) will be
calculated and assessed after the SFWMD permit and stormwater connection
issues are reconciled.
L575 '
15. Provide an engineer's certification on the Drainage Plan as specified in LDR,
Chapter 4, Section 7.F.2.
DEPARTMENTS INCLUDE REJECT
16. Full drainage plans in accordance with the LDR, Chapter 6, Article IV,
Section 5 will be required at the time of permitting. Additional comments
and corrections to this plan may be generated at that time.
BUILDING DMSION
Comments:
17. Identify within the site data the finish floor elevation (lowest floor elevation)
that is proposed for each building. Verify that the proposed elevation is in
compliance with regulations of the code by adding specifications to the site
data that address the following issues [Section 3107.1.2, Chapter 31 of the
2001 Florida Building Code]:
a) The design professional-of-record for the project shall add the
following text to the site data. "The proposed finish floor elevation
NGVD is above the highest 100-year base flood elevation ._
applicable to the building site, as determined by the South Florida
Water Management District's surface water management construction
development regulations."
b) From the FIRM map, identify in the site data the title of the flood zone
that the building is located within. Where applicable, specify the base
flood elevation. If there is no base flood elevation, indicate that on the
plans.
c) Identify the floor elevation that the design professional has established
for the building within the footprint of the building that is shown on
the drawings titled site plan, floor plan and paving/ drainage (civil
plans).
18. On the drawing titled site plan, identify and label the symbol that represents
the property line.
19. At time of permit review, provide a completed and executed City of Boynton
Beach Unity of Title form. The form shall describe all lots, parcels or tracts
combined as one lot. A copy of the recorded deed with legal descriptions, of
each property that is being unified, is required to be submitted to process the
form. The property owner that is identified on each deed shall match.
20. At time of permit review, subrn/t signed and sealed working drawings of the
proposed construction.
21. Add to each building that is depicted on the site plan drawing a labeled
symbol that identifies the location of the proposed handicap accessible units.
Add to the drawing the calculations that were used to identify the minimum
number of required units. Also, state the code section that is applicable to the
computations. Show and label the same units on the applicable floor plan
drawings. Compliance with regulations spelej~l~cl in the Fair Housing Act is
required (Federal Fair Housing Act Design and Construction Kequirements,
24 CFR 100.205).
Conditions of Approval
4
DEPARTMENTS INCLUDE REJECT
22. Add to all plan view drawings of the site a labeled symbol that represents the
location and perimeter of the limits of construction proposed with the subject
request.
23. At the time of permit review, submit details of reinforcement of walls for the
future installation of grab bars as required by the Federal Fair Housing Act 24
CFR 100.205, Section 3, Requirement//6. All bathrooms within the covered
dwelling unit shall comply
24. All bathrooms in the covered dwelling unit shall comply with the provisions
of the Federal Fair Housing Act 24 CFR 100.205 (C)(3)(IV), Requirement #7
(2), Paragraph (A) or (B). Clear floor space shall be provided at fixtures to
allow a person in a wheelchair or other mobility lid the use of the fixtures.
Clear floor space shall be shown on the plans and designate which design
option of requirement #7 (A or B) is being used.
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENTAI.IST
Comments: None
PLANNING AND ZONING
25. Approval of this project is contingent upon the approval of the corresponding
request to rezone from CBD to MU-H (LUAR 03-003).
26. Approval of this project is contingent upon the approval of the corresponding
request to abandon the Southeast 1st Street alley (ABAN 03-002). If the
abandonment is unsuccessful, modify site plan accordingly.
27. All proposed uses must be consistent with the MU-H zoning district identified
in Table 6F-1 in Chapter 2, Section 5.F.4 of the Land Development
Re/[ulations.
28. The proposed building areas must match between the traffic study and the site
plan. Prior to the issuance of the first building permit, the Palm Beach
Count7 Traffic Division must approve the traffic study.
29. A unit7 of title will be required prior to the issuance of a building pemfit.
30. The drainage statement is required prior to the issuance of a building permit
(Chapter 4, Section 7.F.2.).
31. The average area of all residential units must not be below 1000 square feet
(Chapter 2, Section 6.F.5). On the site plan (sheet 3 of 6), indicate the
average size of all the units to ensUre compliance with the Land Development
DEPARTMENTS INCLUDE REJECT
Regulations.
32. On the site plan (sheet 3 of 6 prepared by Shah Drotos), correct the note for
Building "E" to indicate that the parking garage will be nine (9) stories tall
(ground floor through 8t~ floor will be for parking, the 9t~ floor will be for the
recreation area).
33. The site plan (sheet 3 of 6 prepared by Shah Drotos) indicates that all of
Building "D" will be eight (8)-stories tall. However, the elevations and floor
plans show the eastern portion of Building "D" will be only four (4)-stories
tall. Revise the site plan (sheet 3 of 6) so that it accurately corresponds to the
floor plans and elevations.
34. On the site plan (sheet 3 of 6 prepared by Shah Drotos), correct the required
number of parking spaces from 749 spaces to 750 spaces. Also, correct the
number of provided parking spaces: (718 spaces in garage plus 35 surface
parking spaces equals 753 parking spaces).
35. On the site plan (sheet 3 of 6 prepared by Shah Drotos), eliminate the
handicap parking spaces shown within the valet area on the north side of
Southeast 1st Avenue. No parking may occur in this valet area.
36. Correct the number of provided parking spaces in the "garage summary" on
the First Floor Plan (prepared by Looney Ricks Kiss). Ensure that the parking
summary on the plans prepared by Looney Ricks Kiss is consistent with the
site plan (sheet 3 of 6 prepared by Shah Drotos).
37. Show the 88th parking space on the "Eighth Floor Plan" of the parking garage
(prepared by Looney Ricks Kiss).
38. On the west elevation of the parking garage (prepared by Looney Ricks Kiss),
indicate by note that the 9m floor will be the "Pool Deck / Garage Roof".
39. On the site plan (sheet 3 of 6 prepared by Shah Drotos) tabular data, revise
the note that currently reads, "OFFSITE PARKING PROVIDED (NOT
COUNTED IN REQUIRED SPACES) to read the following:
OFF-SITE PARKING (NOT INCLUDED IN PROVIDED SPACES)
40. Place a note on the site plan (sheet 3 of 6 prepared by Shah Drotos), that
based on the parking methodology used, the total number of seats for all
restaurants shall not exceed 50 seats. Any additional seats will affect the
required number of parking spaces and may cause the project to fall below the
development standard.
41. As presented, the project will be limited to 20,652 square feet of gross
leasable (net) retail area and 15,444 square feet of gross leasable (net) office
area (Chapter 2, Section 11.H.d.(2)). Any increase in leasable area will affect
the required number of parking spaces and may cause the project to fall below
the development standard.
42. The number of dwelling units / unit type mix should match between the floor
plans (prepared by Looney'Ricks Kiss) and the site plan tabular data (sheet 3
Conditions of Approval
6
of 6
DEPARTMENTS
Shah Drotos)_:.
43. The removal / relocation of trees is subject to review and approval oby the
r Forester / Environmentalist.
44. On the landscape plan, ensure that the landscape species and quantities match
between the landsc~hic illustration.
45. Revise the Shared Parking Table on the "Site / Project Data" sheet prepared
by Looney Ricks Kiss. Based upon the proposed uses and their respective
intensifies, the Shared Parking Table should read as follows:
Weekday Weekend
Daytime Evening Daytime Evening Nighttime
Office 78 8 8 4 4
Retail 78 78 104 73 6
Lodging .
Restaurant 63 126 126 126 13
Entertainment _
Residential 308 512 512 512 512
Total 527 724 750 715 535
The number of required parking spaces shown in the above Shared Parking
Table may be subject to change due to unforeseen revisions made to the
plans during the permitting process. Also, the Table is subject to change
without Board or City Commission action if the project demands less
required parking due to decreased intensities (i.e. reduced office area,
reduced number of dwelling units). However, if the intensities further
increase and cause the project to become deficient in parking, any request to
pay a "fee in lieu" of (providing additional parking spaces) shall be subject
to the Commun/ty Redevelopment Agency and City Commission review and
INCLUDE
REJECT
46. The. elevations must indicate the proposed paint manufacturer's name and
color code prior to the issuance of a building permit. Staff recommends
between the colored drawing and the elevations.
47. All project signage is subject to review and approval of the Community
Re.development Agency and City Commission. Staff recommends submitting
48, Staff recommends that the applicant should coordinate with Palm Tran for an
upgraded bus-stop facility. Please contact Mr. Gerry Gawaldo,' a planner with
the Palm Tran Department's Development Review Committee at (561) 841-
4246.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
1579
DEPARTMENTS INCLUDE REJECT
Comments:
49. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
50. To be determined.
S:~Ianning~SHARED\WP~ROJECTS~tR. CHES ~ BBkNWSP\COA.doc
1580
ANNER LOCATION
iN'riNG DIMENSIONS
DRILLING HOLES
'~ER MOUNTS
28"X60"
BANNER
(BY OTHERS)
~F*r.
~'LE
THE
EXHIBIT "D"
~'"~"~ RECEPTACLE AND
/,,~<J'"~~ LIGHTING CIRCUITS.
%~ ~ ~1 1/2"~vc
~ ~(SOUND
_ 15" DIA..~
~NCHOR PLA~:~[,
*B.C: 12 1/~' DIA.
*CAST ALUMINUM
SINGLE BANNER ARM
- LUMEC ~AS28
(561) 641-53ol
- CAST ALUMINUM BALL
- COLOR: COLTX
-- SINGLE BREAK AWAY
BANNER ARM
- LUMEC ~ABS28
(561,) 64.1-5301
- CAST ALUMINUM BALL
- COLOR: COLTX
4" DIA. FLUTED POLE
.125 WALL THICKNESS
6061-T6 STRUCTURAL
GRADE ALUMINUM,
(POLE WELDED FOR SINGLE
UNIT CONSTRUCTION)
NOTE:
THIS ANCHOR PLATE ACCEPTS
A BOLT CIRCLE FROM 11 3/4"
@ 15" DIA.
POLE BASE
PLAN VIEW
SCALE: NONE
DOORS WITH
STAINLESS STEEL
ALLEN HEAD SCREWS.
4. ANCHOR BOLTS
3/4" X ,32" WITH 6"
HOOK (GALVANIZED)
STA~ON AND OFFSET PT.
SEE SHEETS C14 & C15
FINISHED
GRADE
5/8"exl0'-O"..-X
DR!YEN \
COPPERWELD
GROUND ROD.
~ #8 AWG-BOND
TO POLE
t'
TYPE
__/-CONDUIT -CURB
VERTICAL
BASE TYPICAL
FOR I, LL
"SA" LIGHT POLE ']ETAIL
SCALE: NONE
3/," x lo'-o"
COPPER CLAD
GROUND ROD
TYPE
2'-(
36"
1581
LP11
OUTL
PROF
SOU/
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: The Arches
APPLICANT'S AGENT: Nancy Graham - Urban Principles, LLC
APPLICANT'S ADDRESS: 319 Clematis Street Suite 512 West Palm Beach, FL 33401
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 20, 2003
TYPE OF RELIEF SOUGHT: Request new site plan approval for the construction of a large scale
mixed-use development
LOCATION OF PROPERTY: Southwest corner of Ocean Avenue and Federal Highway
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
~ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\Plannlng\SHARED\WP~PROJECTS~ARCHES ~ BB~ABAN~DO.doc
TO:
FROM:
DATE:
SUBJECT:
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 03-090
Chairman and Members
Planning and Development Board
Michael W. Rumpf ~'~-'~
Director of Planning and Zoning
April 16, 2003
Building Height Measurement (CDRV 03-003)
Request to amend the Land Development Regulations, Chapter 1, Article I1. Definitions,
"Building Height", to require the base measurement be from an adjacent property or the
minimum flood elevation, to add parapet roofs to definition, and to add a reference to
the height exception process.
NATURE OF REQUEST
Staff is recommending an amendment to the city's Land Development Regulations, Chapter 1, Article
I1. Definitions, to change the definition for Building Height. The proposed amendment would 1) be
revised to apply to "structures" as well as "buildings"; 2) change the methodology for measuring
building heights requiring that the base measurement be from the highest of either an abutting point
on an adjacent property or the minimum flood elevation (F.E.M.A.); 3) add parapet roofs to the
definition; 4) require that rooftop elements including screening be designed compatible with the
principal structure; and 5) reference the height exception process as required when the maximum
height is exceeded by certain design or other ancillary elements.
BACKGROUND
The current definition for Building Height, as indicated under ANALYSIS below, requires (or allows) the
base measurement to be from the finished grade of the subject property, which is defined by another
definition within this same section. This definition for finished grade reads as follows:
Grade, Finished - The average level of the finished surface of the ground adjacent to the exterior walls
of the structure.
As indicated above, current definitions result in maximum building height being based on a vadable
rather than a constant value. Although in most instances, to minimize cost, minimum fill is used for a
given project to raise the elevation to the minimum required by F.E.M.A. (see photograph, in Exhibit
"A"), additional fill may be used to increase finished grade when views and poSsibly project values are
enhanced (See photograph in Exhibit "B" and diagram in Exhibit "C").
This definition or methodology has been superceded by the outcome of a previous lawsuit between
the city and a property owner, but only as it pertains to the measurement of a structure such as a
buffer or retaining wall placed along the property line. In this case, a significant discrepancy was
created between the elevations of adjacent properties that were separated by a retaining wall. When
measured from the inside of the wall, on the subject property, the wall was compliant with the
maximum height limit of 6 feet. However, if measured from the outside of the wall, the wall greatly
exceeded the maximum height. This court precedence has led to the requirement that the height of
buffer or retaining walls be measured from the outside of the structure. Further, this requirement has
not been codified, and generally may only apply to structures such as walls placed along a property
line. 1594
City regulations include a maximum building height depending on the zoning district; however, the
?age 2
Building Height Measurement
maximum height of a structure could vary significantly as seen from an adjacent property. City
regulations currently do not include a maximum finished grade elevation thereby allowing unlimited fill
to be used to raise a building to maximizing height and views of nearby amenities such as the ocean.
To avoid the possible discrepancies between finished elevations and building heights on adjacent
properties, staff is recommending this change which indirectly establishes a maximum finished grade
(see diagram in Exhibit "D").
ANALYSIS
The proposed code amendment is indicated below, with underlined and crossed-out text to reflect the
proposed changes.
BUILDING/STRUCTURE HEIGHT - The vertical distance in feet from fin!chad Grade measured from
the lowest point at the property line of an adiacent property or from the minimum base flood elevation
as established by FEMA, whichever is highest, to the highest point of the roof for fiat roofs, to the deck
line for mansard roofs and parapet roofs with parapets less than five feet in height; and tc the
and hip roof heights shall be measured to the midpoint between the eaves and the ridge. Rooftop
penthouses, stairwells mechanical and electrical equipment shall be concealed by or consffucted of
extedor architectural materials or features of the same type or quality used on the exterior Walls of the
main building and may only exceed the maximum building height pursuant to the provisions of Chapter
2, Section 4.F. of the Land Development Regulations, City of Boynton Beach, Flodda. Walls or
retaining walls shall also be measured from the lowest adjacent property line to the top of the structure
excludin.q column caps, column capitals and other similar architectural items.
A description of the above-described changes are itemized below.
l)
The addition of "STRUCTURE" to the definition title.
This change will avoid any uncertainty as to its application to other improvements such as
buffer or retaining walls, and specifically codify the requirement resulting from the previous
court case requiring that heights be measured from the outside of the wall.
2)
Base measurement changed from finished grade to adjacent property or FEMA.
As described herein, this is the principal change proposed which will set a maximum structure
height as measured from an adjacent property or from the minimum flood elevation (which
vades geographically). Therefore, despite the amount of fill added, and the ultimate finished
grade of a parcel, maximum structure height will more closely correspond and be consistent
with, adjacent properties.
3)
The addition of "parapet roof'.
A parapet roof represents a separate roof style that should be included in this definition.
Particularly since parapets are often required of a project to satisfy the city's roof-top
equipment, screening requirement, it is recommended that parapets five (5) feet or less be
excluded from the height measurement.
4)
Requiring design compatibility and describing general eligibility for height exception.
This addition is a necessary aspect to the definition of building height and the corresponding
methodology. This documentation places the needed emphasis on exempt items, and steers
the reader to the proper place to find additional information on the required process.
The addition of, and applicability to buffer and retaining walls.
As indicated herein, this addition expands the definition to also apply to other improvements
such as buffer or retaining walls, consistent with the direction received from the City Attorney.
~595
Page 3
Building Height Measurement
The other changes indicated in the proposed text are only related to sentence restructuring, not
content.
With respect to process, since the proposed code change is not applicable to a specific area of the
city or zoning district, it must be reviewed by both the Planning & Development Board and the
Community Redevelopment Agency Board, prior to review and adoption by the City Commission
CONCLUSIONS/RECOMMENDATION
Staff recommends that the subject changes to the definition of "Building Height" be approved, in part,
to minimize incompatibilities in project heights caused by significant deviations in final project grade.
Due to the current rate of infill and anticipated redevelopment throughout the eastem portion of the
city, staff recommends that this amendment be processed immediately rather than delaying it to be
included with the rewdte of the Land Development Regulations; the rewrite project will not be
completed until the next fiscal year. Any changes recommended by the Boards will be presented to
the City Commission and, if approved, incorporated into the final ordinance.
MR
Attachments
S:~Planning~SHAREO~.WI~SPECPROJ~CODE REVIEW~Buildlng Height Measurement 03~taffreport-helghtortf
1596
,~:o,u:~ N Laka Dd';e adjacent ;t'o 25!'0 N La~e
Boynt:on Bea,ch, Florida
Drive
EXHIBIT "A"
1597
Boyntc)n B.each,
EXHIBIT "F
1598
EXHIBIT
1599
EXHIBIT "D"
1600
DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. PZ 03-113
TO:
FROM:
Chairman and Members
Community Redevelopment Agency Board
Michael Rumpf ~U~
Director of Planning and Zoning
DATE: May 6, 2003
SUBJECT: Club Ovation (f.k.a. The Grand)- COUS 03-002
Conditional Use Approval - Athletic Competitions
PROPOSAL SUMMARY
Contained herein is a description of the subject request. The applicant is requesting. Conditional
use approval for "athletic competitions" at 3637 South Federal Highway (see Exhibit "A"). The
proposed use would be located in a 22,672 square foot bay at the northwest corner of the
Gulfstream Mall. This bay was previously occupied by a Winn-Dixie grocery store and then in
October of 2000, conditional use approval was granted to former tenants to operate a nightclub
under the name "Ozone". Due to the lack of code provisions at that time, "Nightclubs" were
added to the C-3, Community Commercial zoning district, as a conditional use. The subject
request is in connection with the pending amendment to the city's Land Development
Regulations, Chapter 2. Zoning, Section 6.C.1. This code amendment, scheduled for adoption
on May 20, 2003, is intended to create separate use categories for indoor and outdoor
recreation, and specifically add new indoor uses as described below:
Recreational facilities:
i. Zndoor recreational facilities, including nightclubs*, bowling alleys, billiard halls, health
clubs/qymnasiums,, shooting ranges ('indoor only), skating rinks, and amusemen[
arcades. Bars/Iounqes, musical entertainment and athletic compe~.;i, lons* shall also
.be accessory to the principal uses described in this section. Tndoor recreation facilitie:;
other than those which are listed above shall be conditional uses(*).
The use "athletic competitions" is new to the City's zoning code, and therefore must be defined.
In addition, Staff has found that other terms used in this amendment are not included in the
zoning code and therefore, must also be defined within the Land Development Regulations,
Chapter l, Article II. Defin/t/on$.
The definition for "athletic competitions" is currently being proposed as follows:
ATHLETIC COMPETTTJON$ - Amateur and professional events to include but not bo,
limited to boxing, cheerleading, dance, gymnastics, martial airs, and wrestling
1583
Club Ovation - COUS 03-002
Page 2
Of all the uses listed in the definition for "Athletic Competitions", the principal purpose of this
request by the applicant is to obtain approval for boxing competitions. If granted, any use listed
above in the definition for "Athletic Competitions" would be allowed under the conditional use
approval. Also, this corresponding code amendment is a prerequisite to approval of the subject
application.
Applicant/Agent:
Project name:
General description:
Property size:
Land use:
Current Zoning:
Proposed Zoning:
Location:
Building area:
Randy Grinter for Club Ovation Inc.
Club Ovation
Conditional use approval for athletic competitions at Club Ovation
nightclub within the Gulfstream Mall
Total Site: 8.303 acres/31,678 square feet
Local Retail Commercial (LRC) -
Community Commercial C-3
Community Commercial C-3
Gulfstream Mall, 3637 S. Federal Highway
North of Gulfstream Boulevard between Old Dixie Highway and
Federal Highway/US 1.
22,672 square foot existing bay (See Exhibit "B").
Surrounding land uses and zoning:
North - Paint and body shop, zoned C-4 and a self -storage facility, zoned C-3/C-4;
South -Gulfstream Boulevard and farther south, a Dunkin Donut shop and an office building,
zoned C-3;
East - U.S. 1 and farther east, vacant property in the Town of Gulfstream, zoned Outdoor
Recreation - OR;
West - Old Dixie Highway right-of-way, F.E.C. railroad tracks and farther west unincorporated
vacant land zoned RS - Residential Single-Family.
STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS
Section 11.2.D of the Land Development Regulations contains the following standards to which
conditional uses are required to conform. Following each of these standards is the Planning
and Zoning Division's evaluation of the application as it pertains to standards.
1584
Club Ovation - COUS 03-002
Page 4
that the parking lot was approximately 15 percent occupied. Given that the club and
competition events wi//not operate simultaneous/y, wi//operate in the evening when other
business are closed, wi//represent a reduction in overall capacity of the building when
retrofitted with a boxing arena and fixed seating arrangement, and given the apparent
under utilization of the existing parking spaces, there is, theoretically sufficient space to
serve the proposed use. However, similar to peak shopping periods that typically cause
parking shortages, such special events such as a concert with a popular band or a
Go/den Gloves boxing toumament could attract patrons which would exceed the capacity
of the shopping center. A/though not tabulated within this analysis, there exists an
estimated 30 to 40 additional on-street parking spaces, and several handicap-accessible
spaces, located along the north and south sides of US-l, south of Gulfstream Boulevard,
within one-half mile from the subject property. It is reasonable to assume that an event
that would attract "capacity" crowds would include involve willing to walk the one-quarter
to one-haif mile distance if necessary. However, since the on-site and off-site parking
resources would not accommodate crowds estimated based on fire-rated building
capacity (approximately 2,000), to accommodate crowds anticipated with any future
major event, the applicant should consider parking strategies to include other off-site
resources.
Refuse and service areas, with particular reference to the items in subsection 1 and 2
above.
Refuse w#l continue to be removed on the standard schedule established for the
Gulfstream Mall shopping center. Although it is not anticipated that waste will be
significantly increased if athletic competitions are held at this location, any increase would
be reviewed at that time for needed additional services.
4. Utilities, with reference to locations, availability, and compatibility.
It is not anticipated that additional utility services will be required for the proposed use,
above that instal/ed as part of the previous approval for a nightclub.
5. Screening, buffering and landscaping with reference to type, dimensions, and character.
No new site improvements are required to support the additional indoor competitions use.
Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic
effect, and compatibility and harmony with adjacent and nearby properties.
The shopping center parking lot contains lighting. No new fighting is proposed.
The signage for the previous nightclub business has been removed leaving the existing
nightclub currently without any building or site signage. The only signage is provided
above the several front doors that identify the correct door to use depending on ticket
status. No new signs have been submitted as part of this conditional use application.
1586
Club Ovation - COUS 03-002
Page 3
The Community Redevelopment Agency Board and City Commission shall consider only such
conditional uses as are authorized under the terms of these zoning regulations and, in
connection therewith, may grant conditional uses absolutely or conditioned upon the conditions
including, but not limited to, the dedication of property for streets, alleys, recreation space and
sidewalks, as shall be determined necessary for the protection of the surrounding area and the
citizens' general welfare, or deny conditional uses when not in harmony with the intent and
purpose of this section. In evaluating an application for conditional use, the Board and
Commission shall consider the effect of .the proposed use on the general health, safety and
welfare of the community and make written findings certifying that satisfactory provisions have
been made concerning the following standards, where applicable:
Ingress and egress to the subject property and proposed structures thereon, with
particular reference to automobile and pedestrian safety and convenience, traffic flow and
control, and access in case of fire or catastrophe.
Adequate access exists on site. The Gulfstream Mall has access from: Federal Highway,
two driveways; Gulfstream Boulevard, two driveways and Old Dixie Highway, one
driveway that provides access to the back of the mall buildings along the north and west
sides of the property.
Off-street parking and loading areas where required, with particular attention to the items
in subsection 1 above, and the economic, glare, noise, and odor effects the conditional
use will have on adjacent and nearby properties, and the city as a whole.
Required parking for the Gulfstream Mall as a shopping center use is calculated at one
space for every 200 square feet of gross leasable floor area. The parking requirement for
shopping centers takes into consideration a variety of uses and is intended to be an
average of parking requirements for these uses. Total square footage for the Gulfstream
Mall is shown as 74,290 square feet requiring a minimum of 372 parking spaces.
However, given the potential or likelihood for the nightclub to attract patrons that would
exceed the total, or its share of the parking supply, staff, during the review of the previous
request for nightclub approval, recommended that the nightclub tenant space be
reviewed separately under the more restrictive (place of assembly) ratio of 1 space per
every 100 square feet. This hybrid parking methodology (combining the assembly ratio
of 1 space/lO0 square feet with the shopping center ratio of 1 space/200 square feet)
generated the need for 487spaces (possibly miscalculated and documented at 484
spaces in the previous staff analysis). As there were a total of 440 spaces at that time,
this represented an increase of 47 spaces. This original condition of approval was
satisfied through permit number 02-1237, which ultimately increased total parking spaces
by 49, or to a total of 489. This parking ratio for the nightclub is the same ratio applicable
to a sporting event or other assembly use.
This proposed use, along with the existing nightclub, would operate after 7:00 p.m.. Most
of the businesses in the mall operate during daytime hours except for two small
restaurants, which may serve until approximately 10:00 PM. Staff has conducted field
checks of the Gulfstream Mall on previous occasions during daytime hours to observe
1585
Club Ovation - COUS 03-002
Page 5
10.
New signage for this tenant must meet code and be compatible with the other signage in
the shopping center. A building permit is required for new signage.
Required setbacks and other open spaces.
The proposed use does not affect setbacks or open space requirements.
General compatibility with adjacent proper~y and other property in the zoning district.
When the previous conditional use application was reviewed, the subject tenant space
was not compatible with the remainder of the shopping center. The front of the bay was
painted a deep blue and the west wa//, visible only from Old Dixie Highway, was painted
deep red. Subsequent/y, the entire shopping center was uniformly repainted two yellow or
orange co/or tones.
Height of building and structures, with reference to compatibility and harmony to.adjacent
and nearby properties, and the city as a whole.
The Gulfstream Mall is an existing building that meets the code requirements for the C-3
Commercial zoning district.
Economic effects on adjacent and nearby properties, and the city as a whole.
Prior to the previous approval for a nightclub, this space remained vacant fo/lowing the
closing of the principal tenant, a Winn Dixie grocery store. The tenant space for the
subject nightclub represents approximately 30 percent of the gross leasable space in the
shopping center. Obvious/y, the continued operation of a use in this space will have a
positive economic impact on the viability of the Gulfstream Ma//. The restaurants in the
shopping center may benefit from increased patronage attributed to people attending
athletic competitions; however, the ultimate size of the competitions held wi//determine
the rea/and overall economic or fiscal benefits to the area and the city.
As for whether an event could be held that is construed as undesirable by the city, the
definition for "athletic competitions" is broad and could allow events that are principally
more for entertainment purposes than for competition purposes. Such uses could include
"tough-man" or other contests which are more typical to the bar or nightclub environment
than an athletic or Olympic arena. /n response to. this uncertainty, staff recommends that
this approval be limited to official sports which are sanctioned or ruled by an official
regulatory authority, or be a recognized collegiate or Olympic activity. This would
exclude those events primarily promoted for entertainment purposes and which are
typically associated with a nightclub or bar venue (see conditions of approval). This
would a/so require that other competitions excluded herein would require additional
conditional use approval, or and review on a case-by-case basis.
Conformance to the standards and requirements that apply to site plans, as set forth in
City of Boynton Beach Land Development Regulations, Chapter 4 Site Plan Review.
1587
Club Ovation - COUS 03-002
Page 6
With incorporation of staff comments, the proposed project will comply with all
requirements of applicable sections of city code.
12.
Compliance with, and abatement of nuisances and hazards in accordance with the
performance standards within Section 4 of the zoning regulations; also, conformance to
the City of Boynton Beach Noise Control Ordinance
With incorporation of all conditions contained herein, the use would operate in a manner
that is in compliance with the above-referenced codes and ordinances of the City of
Boynton Beach.
RECOMMENDATION
Based on the analysis documented herein, staff recommends approval of this conditional use
request subject to the comments listed in Exhibit C - Conditions of Approval. Fu_rthermore,
pursuant to Chapter 2 - Zoning, Section 11.2 Conditional Uses, a time limit is to be set within
which the proposed project is to be developed. Staff recommends that a period of one (1) year
be allowed to initiate this project, which would be accomplished by pulling a building permit or
obtaining the appropriate occupational license within that time period.
Staff notes that the proposed use is new to the City of Boynton Beach and that the actual
impacts, both positive and negative, will not be known until after the subject use has established
itself and the magnitude of patronage is realized. Significant benefit to the city could be realized,
including that attributed to the nationally televised sporting events. Most negative impacts will
be controlled with proper police or security enforcement. Although this use may form the basis
of future review and code amendments, the subject property and location should be appropriate
for the proposed use.
MR
Attachments
S:\Planning\SHARED\WP~PROJECTS\Club Ovation (fka The Grand, Ozone, Orbit)\Staff Report-Club Ovation COUS 03-002.doc
1588
LOCATION MAP
CLUB OVATION
EXHIBIT "A"
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EXHIBIT "C"
Conditions of Approval
Project name: Club Ovation
File number: COUS 03-002
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None
PUBLIC WORKS- Traffic
Comments: None
UTILITIES
Comments: None
Comments:
1. A scaled drawing of the seating & stage (ring) layout for each individual
event must be submitted to the Fire Marshal's office for approval prior to
ticket sales for any event over 1000 patrons.
POLICE
Comments: None
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments:
2. Submit a clear and legible floor plan of the ting and seating areas. Aisles,
aisle width seating, aisle access ways, etc. shall comply with the
requirements of Section 1019.10 of the 2001 Florida Building Code where
applicable. All dimensions shall be clearly shown on the floor plan.
3. A floor plan and seating chart showing the construction of the ring mad the
location of temporary seating shall be required to be submitted to the
Building Division for review by the Fire Department and Building Division
personnel for applicable code requirements.
4. An occupancy load calculation will be required to calculate allowable
occupancy load, as Club Ovation was built with an open concert floor
5. Additional electrical requirements such as generators, lighting, etc. will be
1591
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
required to be submitted along with the floor plan, and electrical permits
shall be secured by licensed contractors who will receive applicable
inspections.
6. Depending on the occupancy load, the athletic events floor plan and
occupancy load will have to be checked to ensure that restroom facilities are
adequate for the proposed occupancy load
7. Handicapped accessibilit7 shall be maintained at all times.
8. Any necessary permits shall be requested and issued, and inspections held
and approved, prior to holding any athletic competitions.
9. Licensed contractors shall file applications, secure permits and receive all
applicable inspections.
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENTALIST
Comments: None
PLANNING AND ZONING
Comments:
10. Provide confirmation that project meets, or is exempt f~om review for
county traffic performance standards ordinance.
11. Application (site plan) reflects old parking space data, revise and submit
updated version showing and tabulating current improved parking spaces.
12. Competitive or exhibition events held should be limited to either
activities/events sanctioned or permitted by a recognized regularity
authority, and be recognized as a collegiate and/or Olympic activity,
competition, or event.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:h°Ianning\SHARED\WP~ROJECTS\Club Ovation (fka The Grand, Ozone, Orbit)\Condition of Approval 2 page -P&D ORA 2003 form.doc
1592
DEVELOPMENT ORDER OFTHE CITY COMMISSION OF THE
CITY OF BOYNTONBEACH, FLORIDA
PROJECT NAME: Club Ovation (f.k.a. The Grand) COUS 03-002
APPLICANT'S AGENT: Randy Grinter
APPLICANT'S ADDRESS: 3637 South Federal Highway, Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 20, 2003
TYPE OF RELIEF SOUGHT: Request for Conditional Use approval to allow athletic competitions in a
C-3 zoning district.
LOCATION OF PROPERTY: 3637 South Federal Highway
DP, AWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
The Applicant's application for relief is hereby
GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
This Order shall take effect immediately upon issuance by the City Clerk.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED: ! 593 ..
City Clerk .
S:\Planning\SHARED\WP\PROJECTS\Club Ovation (fl(a The Grand, Ozone, Orbit)~Develop.order Club Ovation COUS 03-(}02.doc
IV. Consent Agenda.
Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter
considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based.
1434
The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a
disability an equal opporttmity to participate/n and enjoy the benefits of a service, program, or activity conducted by
the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or
activity in order for the CRA to reasonably accommodate your request.
MINUTES OF THE COMMUNITY REDEVELOPMENT WORKSHOP
HELD IN THE LIBRARY PROGRAM ROOM, BOYNTON BEACH, FLORIDA.
ON THURSDAY, MARCH 27, 2003 AT 6:30 P.M. '
Present
Jeanne Heavilin, Vice Chair
Jose Aguila
Michele Hoyland
Alexander DeMarco
Don Fenton
Henderson Tillman
Doug Hutchinson, CRA Director
Absent
Larry Finkelstein, Chairman
I. Call to Order
In the absence of the Chairman, Vice Chair Heavilin presided.
Secretary called the tell and declared that a quorum was present.
II. Workshop
The Recording
A. Savage Creatures of Ancient Seas Museum Complex
Mr. Hutchinson said that staff was not asking for approval to build the museum,
but was looking for direction to move to the next step, which was to secure a
design/build team through a national competition.
Mr. Hutchinson reviewed the TIF figures and stated that the reason for the $20
million differential in the figures was the result of the Tax Appraiser upgrading
their computer system at which time it was discovered that there were 21
Properties duplicated in the CRA. This accounted for the difference between the
original figures and the final figures. This is a one-time adjustment that affected
every CRA and city in the County. Mr. Fenton had concerns that the original CRA
budget was based upon inaccurate figures. He asked Mr. Hutchinson if the
projections in the budget presented tonight were now based on the new figures,
and Mr. Hutchinson responded that they were.
Mr. Hutchinson pointed out that it would not be necessary to float any bonds to
get the project built, since the museum will be paid through money generated by
all the new development going up in the CRA area. If by the third year of the
project there were shortfall, it would still be possible to issue bonds if necessary.
1435
Meeting Minutes
Community Redevelopment Agency Workshop
Boynton Beach, FL
March 27, 2003
Mr. DeMarco inquired if any projects of the size being proposed for downtown
ever fall through. Mr. Hutchinson felt that it would be highly unlikely that any of
the large-scale projects being proposed would fall through. Mr. Hutchinson said
that he was very conservative in his figures. He has also contacted various
governmental agencies that informed him that there are grants available for the
project. He noted that staff has one large corporate sponsor that has pledged a
capital contribution, and they have expressed a desire to maintain an ongoing
relationship with the museum.
Mr. Fenton noted that FAU has offered educational assistance and inquired if
they also offered any monetary assistance as well. Mr. Hutchinson felt that the
project was not at the stage where he could approach FAU for financial
assistance. He did point out, however, that the money generated from the
classes being offered by FAU would be revenue for the museum.
Mr. Fenton felt that based upon the projected debt service and the projected TIF
incremental increase in 2007/2008, the debt service coverage amounts to 18.9%.
He pointed out that if these figures hold true, the museum would not have to
utilize all of the CPA's projected income, to which Mr. Hutchinson agreed. Mr.
Hutchinson noted that staff had been requested to keep approximately $1 million
in reserves and currently there is approximately $900,000.
Mr. Tillman inquired who would be staffing the museum and Mr. Hutchinson
responded that staff would be independent and would be overseen by the same
entity that oversees the Children's Museum.
Mr. Fenton inquired about the progress on the mangrove preserve. Mr.
Hutchinson responded that there is a meeting scheduled for Monday to set the
offer price. The City Commission has agreed to proceed with making an offer of
condemnation if this approach were warranted.
Vice Chair Heavilin noted that last year the Board discussed obtaining approval
from DEP for the project. Mr. Hutchinson said that staff received a letter from the
DEP and copies had been previously furnished to the Board. He noted that the
DEP was very supportive of the project and it is staff's intention that the
mangroves be impacted as minimally as possible. Mr. Hutchinson also noted
that a study had been done to determine whether or not there was submerged
seagrass and the project has been designed so as not to endanger any
seagrass.
Mr. DeMarco noted that he received many favorable comments after the first
Saturday workshop when the museum was first discussed.
Mr. Tillman felt that the museum would be a major anchor necessary for
downtown. He did have some concerns regarding the land itself and whether it
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Boynton Beach, FL
March 27, 2003
could support the project. Mr. Hutchinson pointed out that Centex Rooney has
built many museums, as well as Atlantis, and staff has expressed these same
concerns to them. Mr. Hutchinson felt that the project was doable and by
working with the best people possible the project would move forward.
Vice Chair Heavilin inquired if the City has indicated that they would support the
project. Ms. Hoyland thought that the County should support the project as well,
since they would be benefiting from the project. Mr. Hutchinson said that he has
spoken to both the City and the County and felt that the support of both entities
was possible. He noted that the City is paying for almost half of the projected
acquisition costs for the property. Mr. Hutchinson pointed out that until the Board
totally endorses the project, it is difficult for him to approach the City and County
for further support. Mr. Fenton felt that if three government agencies were
involved in running the project, this could prove a hindrance. He would like the
CRA to be in charge.
Mr. Hutchinson noted that the CRA could abSorb the cost of the project through
the third year. He estimated that at that point they would have spent upwards of
$750,000, and at that time it would be necessary to secure funding from other
so u rces.
Ms. Hoyland inquired if the Board was ready to make the decision to spend
$75,000 in April in order to move forward and Mr. Hutchinson felt that it was. Mr.
Hutchinson opined that staff has done as much as it could with the project and
that it was time to turn the project over to an outside entity by moving forward
with the RFQ. After the three finalists are selected, they would be given
approximately 120 days to prepare their presentations. The first place winner
would receive $40,000; second place $20,000; and third place $10,000. Mr.
Hutchinson wanted to make sure that the process was not rushed and would like
sufficient time to go through the various stages.
Mr. DeMarco suggested contacting other aquariums and Sea World for their
expertise. Mr. Hutchinson reported that staff has contacted many of the entitles
mentioned by Mr. DeMarco.
Mr. HUtchinson announced that Steve Altman, a successful author who has
written about Megladon Sharks, has a foundation where authors work with
students. Mr. Altman contacted Mr. Hutchinson and requested that he be
permitted to use the museum to teach wdting. Mr. Altman has also indicated that
he would be able to bring in other successful authors to offer additional
educational training.
Vice Chair Heavilin opened up the workshop to the public.
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Community Redevelopment Agency Workshop
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March 27, 2003
Alice Otis referred to the recent newspaper article regarding competition with the
new museum going up in West Palm Beach.
Mr. Hutchinson noted that the curator from the South Florida Science Museum
was present. Mr. Hutchinson did not think that the museum proposed for
Boynton Beach would be in competition with the South Florida Science Museum
because of the varying subject matter offered by the two museums.
Mr. Hutchinson pointed out that the visitor base in the tri-county area is
approximately 27 million people and he felt that there were more than enough
people that would visit these facilities without hurting the other. Mr. Hutchinson
said that these issues have been discussed with the other museums in the area.
Brian Edwards, 629 NE 9th Avenue, Boynton Beach supports the project. Mr.
Edwards would like to see the CRA continue its efforts to bring the museum _to
fruition while considering the public's best interests. Mr. Edwards also added that
he felt the museum is the best thing that could happen to Boynton Beach.
Mr. Hutchinson introduced Jim Rollings, the Executive Director of the South
Florida Science Museum, who said that he felt it was important that these
issues be discussed and the possibility of competition arising between the
museums. Mr. Rollings noted that both museums intended to offer large screen
theaters and he pointed out the expenses involved in offering this type of
entertainment. He was not certain if both museums would be able to support this
type of entertainment. Mr. Rollings noted that they had performed a study back
in 1999 and are in the process of commissioning a new study because they felt
that the large format theater was not as successful as it was originally intended.
Mr. Rollings reported that they intend to build a new 100,000 square foot facility
on land leased to them by the County and to date they have raised $15 million.
They anticipate attracting an audience of 375,000 people annually. He noted
that the Dreher Zoo anticipates an attendance of 650,000 once their expansion is
completed. Another concern of Mr. Rollings was the overlap of exhibits since
their museum would also include a study of the seas. Mr. Rollings felt it was
important that these issues be discussed since they are a not-for-profit
corporation and have a responsibility to educate the children and residents of
Palm Beach County.
Mr. Hutchinson responded that staff has reconfigured the large screen theater
and it is intended that the theater in the museum would be more of an attraction
with an educational component, and they are not looking at a "theater location"
concept. It is not anticipated that people would drive to the museum solely to
visit the theater.
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Community Redevelopment Agency Worksh
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Mr. Fenton inquired where the new Science Museum would be located and Mr.
Rollings stated that it would be located between Southern Boulevard and Gun
Club Road at Kirk Road.
Bruce Black said he was very excited about the project and felt that many other
people were as well. He would like the Board to move to the next step to keep
the project going. Mr. Black felt that the museum would attract more money into
the City.
Mr, TiJlman reiterated that he would like the project, which he fully supports, fast
tracked as much as possible.
Buck Buchanan, a resident of Boynton Beach, also said that he was excited
about the project and felt that in order for redevelopment to be successful there
needs to be an engine to drive it. He did not think that having a lot of restaurants
would accomplish this and felt that this project would be a great success. Mr.
Buchanan also thought that all the museums in the tri-county area could be
successful and would be an asset for the children.
Michael Weiner said that he was a member of the County's Land Use Advisory
Board and he sees projections
2012 the County will more than for Palm Beach'County. It is anticipated that by
double in size with the population increasing to 2
million. Mr. Weiner also did not think that the various museums would compete
against each other, but would compliment each other.
Hillary Lynch, President of the Boynton Cultural Center, noted that
competition drives our society. Ms. Lynch pointed out that when the Children's
Museum was first discussed people were very negative and did not think that it
would be successful. Today the Children's Museum is so successful that they
cannot accommodate everyone. Ms. Lynch felt that the museum would be a
success and pointed out that people are always looking for places to go. She
complimented Mr. Hutchinson and his staff for all their hard work and she was
anxious to become involved. Also, Ms. Lynch was of the opinion that as the
project progressed there would be a great deal of money coming in.
Mr. Hutchinson would like Boynton Beach to have a museum anchor both ends
of the downtown that will mak~ Boynton Beach one of the top places to live.
Ken Kaleel applauded Mr. Hutchinson and his staff for their vision and hard
work. Mr. Ka/eel was in favor of the project and stated that it would satisfy a need
in the area. He thought that in order for the downtown to be a success, a project
of this type was necessary and would put Boynton Beach on the map. He
pointed out that this would be the only type of museum in South Florida on the
water. Mr. Kaleel urged the Board to move forward with the project.
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March 27, 2003
III. Other Items
Vice Chair Heavilin requested that the RFQ for a Design/Build Team competition
for the Museum be placed on the April 8th agenda for consideration.
Mr. DeMarco inquired about the 501(c) 3 status, and Mr. Hutchinson said that
this would be accomplished by partnering with the Children's Museum.
Mr. Hutchinson felt that the museum would be a boon to local businesses,
especially the dive shops. He envisions having day docks that will help these
businesses expand, as well as providing a place for people who want to take a
boat ride.
Vice Chair Heavilin thanked staff for doing a wonderful job on preparing and
presenting the project.
IV. Adjournment
There being no further business the meeting properly adjourned at 7:45 p.m.
Respectfully submitted,
Barbara M. Madden
Barbara M. Madden
Recording Secretary
(April 15, 2003)
1440
6
MTNUTES OF THE COMMUN~'I'Y REDEVELOPMENT AGENCY
REGULAR MEETING HELD ZN COMMI'SSZON CHAMBERS, CTI'Y HALL,
BOYNTON BEACH~ FLOR~DA~ ON TUESDAY,
API~L 8, 2003 AT 6:30 P.M.
Present
Larry Finkelstein, Chairman
.]os~ Aguila
Alexander DeMarco
Don Fenton
Jeanne Heavilin, Vice Chair
Michelle Hoyland
Henderson 'l'illman
Doug Hutchinson, CRA Director
Lindsey Payne, Assistant City
Attorney
Call to Order
Chairman Finkelstein called the meeting to order at 6:30 p.m.
Roll Call
The Recording Secretary called the roll and declared that a quorum was present. Absences were
noted but the entire Board appeared moments after the roll was taken so there were actually
no absences.
III. Agenda Approval
A. Additions, Deletions, Corrections to the Agenda
Chair Finkelstein asked to move the Landscape Appeal (Vermeer) to just before the Marina
Project in the Public Hearing section. Also, he asked to add an item (8) H.R. Manual and (9)
Audit RFP to the Director's Report. Vice Chair Heavilin noted that they had been asked to
delete item (D) from the Consent Agenda, Terrorist Risk Insurance, and to table the Faqade
Grant request under Old Business. Chair Finkelstein stated that it was his intention to deal with
these items as they came up on the agenda since they were both already tabled. Chair
Finkelstein suggested moving the Purchasing Manual from (C) under Consent to (C) under Old
Business. '
Hr. Aguila suggested creating a category in the agenda for future meetings where Consent
Agenda items could be relocated and it was finally determined that such items would be moved
to "Other." Mr. Aguila also suggested keeping similar items grouped together so that the Board
did not have to keep rearranging the order of items. It was felt that items such as the Marina
should be heard at one time and not interspersed with other items. He suggested moving part 2
of {C) Indoor Recreation Facilities/Athletic Competitions, under Public Hearing Items, to after
(D) Height Exception.
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
April 8, 2003
Motion
Vice Chair Heavilin moved to accept the agenda with the noted changes, Mr. Aguila seconded
the motion that carried unanimously.
ZV. Consent Agenda
Chair Finkelstein noted that a new financial statement had been substituted for the one
originally handed out by the Controller.
I~lotion
Mr. Aguila moved to approve the Consent Agenda as amended with the financial corrections as
noted. Mr. DeHarco seconded the.motion that passed unanimously.
V. Public Audience
Chair Finkelstein opened the Public Audience for persons wishing to speak on items not on the
agenda and closed it when no one came forward to speak.
VL Public Hearing
New Business
A. Zoning Code Variance
Project:
Agent:
Owner:
Location:
DescripUon:
Schnars Business Center (ZNCV 03-02)
Jeffrey T. Schnars
924 Venture L.L.C.
924 North Federal Highway
Request relief from the City of Boynton
Beach Land Development Regulations,
Chapter 6, Article ~, Section 1.A.3,
requiring parking lot driveways to be
located 120 feet from the intersection of the
right-of-way lines along streets of higher
classification to allow a 13-foot variance,
resulting in a distance of :107 feet from the
intersection of Federal Highway and N.E. 9m
Avenue for a proposed office/retail building.
Maxime DuCoste-Amedee, Planner, reviewed the Staff Report. Staff determined that minimizing
traffic impact at this location was a partial justification for granting this variance and
recommended that the variance be approved, with no Conditions of Approval.
3effrey Schnars, 924 N. Federal Highway, Boynton Beach, offered to answer questions.
Chair Finkelstein opened the Public Audience.
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Community Redevelopment Agency
Boynton Beach, Florida
April 8, 2003
David Fellows~ 638 N,E 9th Avenue, Boynton Beach, Vice President of INCA, spoke for the
residents who live near this intersection and support this variance because it would promote the
flow of traffic away from N.E. 9m Avenue.
Chair Finkelstein closed the Public Audience.
Vice Chair Heavilin inquired whether the driveways supported two-way traffic and the response
was that they did. Ms. Hoyland wished to know if everything else about the property was
exactly as it was when the Board first reviewed it and was assured that it was. Mr. DeMarco
inquired about parking spaces and Mr. Ducoste-Amedee responded that they met the parking
requirements of the City.
Motion
Mr. Tillman moved to grant relief from the City of Boynton Beach Land Development
Regulations, Chapter 6, Article 1~/, Section 1.A.3, requiring parking lot driveways to be lbcated
120 feet from the intersection of the right-of-way lines along streets of higher classification to
allow a 13-foot variance, resulting in a distance of 107 feet from the intersection of Federal
Highway and N.E. 9m Avenue for a proposed office/retail building. Mr. Aguila seconded the
motion that carried unanimously.
E. .Landscape Appeal
1. Project: Vermeer Southeast Sales (LAAP 03-001)
Agent: .~on E. Schmidt & Associates
Owner: Denbesten & Bokhoven, Ltd.
LocaUon: 1060 W. Industrial Avenue
Description: Request for relief from the City of Boynton Beach
Land Development Regulations, Chapter 7.5,
Article 11, Section 5.E, buffer requirements, to
avoid the requirement to install trees and a
continuous hedge along the east (rear) perimeter.
Kevin Hallahan, City Forester and Environmentalist in the Planning Division, presented the Staff
Report. The appeal is to eliminate the installation of the required rear landscape buffer along
the entire 315-foot east perimeter of the property. Site Plan approval was granted on August
20, 2002, Which included this rear landscape buffer. The perimeter in question abuts the
Seaboard Coast Line railroad (CSX) right-of-way, and farther east, the 1-95 right-of-way. Part
of the buffering is provided by the existing stand of Scrub Oak trees and under-story vegetation
immediately adjacent to the east perimeter within the CSX right-of-way. The proposed new
trees, hedge plants, and irrigation improvements would not provide any additional landscape
buffering not already created by the existing, off-site Scrub Oak trees/vegetation. The City has
two underground utility lines near the east property line of the project and the City Utilities
Department prohibits the planting of shade' trees within a utility easement. This would cause
the required landscaping to be installed more than 20 feet from the east property line. This area
is indicated as "open equipment display" on the approved Site Plan. In light of the existing trees
and vegetation in the railroad right-of-way, staff recommended that this request to omit the
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Community Redevelopment Agency
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April 8, 2003
proposed trees, hedge plants, and irrigation improvements along the site east perimeter be
approved.
A lengthy discussion ensued about the advisability of setting a precedent for property owners
with similar situations, the possibility of CSX going to double-tracking and possibly eliminating
the buffer, the cost to the developer of providing a buffer if the existing buffer were to be
removed for some reason, and whether the developer could substitute other landscaping for
this buffer.
Kenneth Kruger~ engineer for Vermeer Southeast Sales, offered to answer questions, He
indicated that it would be quite expensive for Vermeer to put in the required landscaping.
Chair Finkelstein opened the Public Audience and closed it when no one came forward to speak.
Motion
Mr. Fenton moved to approve the developer's request to omit the buffer. Ms. Hoyland seconded
the motion but wished to add the condition that should the existing stand of landscaping within
the adjacent CSX right-of-way be removed, that the subject property owner shall be required to
install a landscape buffer as required by today's Code. Mr. Fenton did not wish to amend his
motion. Ms. Hoyland withdrew her second and Mr. DeMarco seconded the motion.
The Recording Secretary polled the vote and the motion to approve failed 3-4, Mr. ~igu//a, Mr.
7711man, Vice Chair Neav///n, Ns. Hoyland dissen~'ng.
Motion
Ms. Hoyland moved to approve the Vermeer request to omit the landscaping buffer required by
Code on the condition that should the existing stand of landscaping within the adjacent CSX
Railroad right-of-way be removed, the subject property owner shall be required to install a
landscape buffer as required by today's Code. Mr. Aguila seconded the motion.
Mr. Fenton inquired about the economic impact on Vermeer Southeast Sales of having to
replace the landscape buffer. He asked if this would be a problem and Mr. Kruger responded
that it would be very expensive to make the concrete rubble soil plantable. Mr. Kruger did not
think that CSX would be able to use the odd-shaped property for double-tracking and fully
anticipated that the existing buffer would remain in place.
Mr. Aguila called the question and the vote was inconclusive. The Recording Secretary polled
the vote and the motion to approve with a condition passed 5-2, Mr. Fenton and Mr. DeNarco
d/ssenb'ng.
C. Code Review
Project:
Agent:
Owner:
The Marina (CDRV 03-001)
Lawrence 3ustiz, TRG-Boynton Beach, Ltd.
TRG-Boynton Beach, Ltd.
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April 8, 2003
Location:
Description:
D. Height Exception
743 N.E. 1~t Avenue
Request to amend the Land Development
Regulations, Chapter 2. Zoning, Section 6.F. MIXED
USE ZONING DISTI~CTS, TABLE 6F-:[, SCHEDULE
OF PERM1TI'ED PRINCIPAL, ACCESSORY, AND
CONDI-rlONAL USES to include Residential, Single-
Family, Attached, use as a permitted use in the
Mixed Use-High Intensity (MU-H) zoning district.
Project:
Agent:
Owner:
Location:
Description:
The t4arina (HTEX 03-002)
Lawrence .]ustiz, TRG-Boynton Beach, Ltd.
TRG-Boynton Beach, Ltd.
743 N.E. ist Avenue
Request for Height Exception of :[8 feet above the
MU-H district limitation of :[50 feet.
Chair Finkelstein made the following declaration. '7 was the rea/ estate broker on the
transac~bn in which the applicant purchased the property which is the subject of tonight's
discussion and vote. I have been involved in discussions with the Board Attorney on this matter
for approximately live months and although I have been advised by the Board Attomey and the
Florida Ethics Commission that no conliict exists and that the State Statutes would prefer I vote,
I will abstain from partFcipa~'ng in the vo~'ng and discussion on this matter tonight. I will now
turn the meeting over to the Vice Chair."
Vice Chair Heavilin acted as Chair for the Public Hearings on the Marina Agenda items. The
Board considered the Code Review and Height Exception items prior to the Site Plan.
Lusia Galav, Principal Planner, gave a broad overview of the Site Plan changes, stating that the
project had changed ownership and now had higher density, was comprised of condominiums
and townhouse units instead of rental units, and that there was no retail component
underneath the residences. The applicant and new owner, The Related Group (TRG-Boynton),
proposes to construct two 15-story buildings and one 7-story building connected by a 740-
space parking garage. The first floor of these buildings will contain 17,591 square feet of
commercial space. In addition, the applicant proposes to construct 12 townhouse units along
the pier adjacent to the north Marina. The applicant requested a height exception of :[8 feet
greater than the :[50-foot allowable height on the two 1S-story buildings in order to screen
rooftop mechanical items. The parking is an issue on this application since the appliCant plans
to provide only 786 of the 856-space requirement and is asking to use the fee-in-lieu-of
provision for the parking space deficit. There is a minor issue with landscaping in that 50% of
the landscaping must be made up of native plants. The plans do not indicate this and no
variance was submitted.
Dick Hudson, Senior Planner, presented 'the Staff Report on the Code Review to allow
townhouses in the Mixed-Use High zoning district. Staff did not see the necessity of putting
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April 8, 2003
townhouses in this location, There was a nice commercial attraction on the water and to obtain
access to the commercial and to the waterfront would now require walking right next to
someone's home, Tf the CRA wanted to approve this, staff suggested that a condition be added
to severely limit single family attached units to no more than five percent (5%) of the total
residential units in any single development,
Eric Johnson, Planner, presented the Staff Report on the Height Exception. Staff was not in
favor of the height exception and recommended that Buildings #1 and #2 be redesigned to
stay within the 150-foot height limitation.
Ms. Bonnie Miskel, Zoning and Land Use Attorney, spoke on behalf of the applicant. She
had lived in the area for :LB years and knew how much the residents wanted the waterfront
area to be developed. She believed that the previous developer had the wrong product and that
TRG-Boynton Beach had the right product - condos were hot and rentals were not. Tt was also
her contention that this plan provided more public access than the previous one(s). There were
no gates, no fences, and nothing to impede public access. Ms. Miskel explained the-project
using colored renderings on display at the meeting. The pedestrian areas behind the
townhomes run from the drive to the end of the peninsula, around the restaurant, and back.
They have opened the site up, made it more visible from the streets and friendlier to
pedestrians, l:f the retail space were to be returned, a need would be generated for 70
additional parking spaces.
Acting Chair Heavilin opened the Public Audience,
Lee Wische, 1302 S.W. 18th Street, Boynton Beach, stated that he had lived in the area
for 30 years and had been part of the Madna project from the beginning but nothing had
happened. He felt that the proposed project was spectacular and that any problems could be
worked out between the builder and staff. He felt this was an important project for the
redevelopment of the downtown and asked that the Board pass it.
Buck Buchanan, 807 Ocean Inlet Drive, Boynton Beach, liked the idea of owned units
versus rental units but questioned the effect of the townhouses in that area. He felt that putting
the townhomes along the dock effectively put a damper on pedestrian use. He questioned
having condo units on the first floor versus retail and felt that the retail would give people more
reason to go to the area. He felt that there were things that could be done to buffer the effect
of the retail if it were to be included.
Brian Edwards, 629 N.E. gth Avenue, Boynton Beach, stated that he was proud to be a
witness to all the CRA had accomplished to date. He felt that this situation called for
compromise. The City wants and needs access to the Mangrove Walk and the water and if
everything came together, possibly a destination on the water that people could enjoy. He
believed that the Board should consider carefully what was being proposed, especially at the
ground floor level.
Bruce Black, 656 Manor Drive, Boynton Beach, was pleased that the project was not a
rental one but was very concerned about the potential loss of access to the water by the
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April 8, 2003
citizens. He felt that having a public walkway right next to living quarters was an invitation for
disgruntled residents to telephone the police when people were simply laughing, talking, and
trying to have a good time. He felt that placing the townhomes immediately adjacent to the
dock would be a deterrent to public access and use.
Ms. Bonnie Miskel rebutted that they had not reduced one inch of pedestrian access from the
previous plan or the plan that was approved in 2002. By expanding the roundabout and
removing part of the commercial building, they had expanded public access. She felt that there
was ample precedent for having townhomes in an urban environment and gave some
examples. The applicant was willing to limit the townhomes to 5% of the total residential units
as suggested by staff. Ms. Miskel noted that they were proposing 17K square feet of retail plus
the proposed restaurant, so they actually had ample retail. She believed that the project met
the spirit of the Code.
Board Discussion
Mr. Henderson Tillman was pleased that the development of the Marina would continue but had
some concerns with the present proposal. He noted that widening the sidewalks did not
correspond to increasing use' by the public. He said that most of the townhomes that Ms. Miskel
had mentioned were in large, open spaces and that this one was in a small area, with an almost
"barricade" type of feeling. He did not agree with the placement of the townhomes at all. He
thought that the developer should strive to offer Boynton Beach what ViSions 20/20 had
promised - true access to the marina and downtown.
Mr. Don Fenton 'believed that the City needed developers and that a lot of people had fought to
get the 45 foot height limitation raised to attract them. He commented that the Police
Department had 63 calls in the last year from the Two Georges and the Banana Boat and 17
false alarm calls. Acting Chair Heavilin commented that the issue was whether or not to allow
townhomes in the MU-H zoning district and that any decision would affect developments
throughout the MU-H area and not just this project.
Ms. Michelle Hoyland stated that she did not disagree with townhouses in this zoning district
but agreed with some kind of cap on the number of them. She was concerned about the
location of the townhomes in this proposed project and believed that the location would cut off
access to the restaurant, the place where most people would go. She would support
townhomes in this location if they began on the second floor.
Mr. Al DeMarco stated that he did not see anything wrong with the townhomes but suggested
that there could be 12 businesspeople in the community that would like to have their
businesses on the ground floor and their home on the second and third floors. He was not in
favor of any building at this location more than three stories high..
Mr. Aguila moved to approve amending the Code to allow the use of townhomes in the MU-H
zoning district, subject to a 5% cap of the total number of residential units on a per project
basis, as recommended by staff, Mr. DeMarco seconded the motion.
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April 8, 2003
Mr. Tillman was not in favor of having the Board determine what the percentage should be. He
wanted more information about this from staff. Various Board members made comments about
this. Mr. Hutchinson stated that staff was concerned about the impact this decision would have
on other developments that were before the City for consideration at this time. Mr. Rumpf
suggested not getting hung up on the exact percentage of allowable townhomes; the point was
that the percentage should be very small. Mr. Fenton stated that if they passed this motion,
which allowed 5%, the developer, who was asking for 4%, could actually come back and ask
for more units in an already-compacted area.
Mr. Aguila withdrew the 5% cap portion of his motion and amended it to state that he
supported townhomes in the mixed-use high zoning district, pending further study by the
Planning & Zoning Division. Mr. DeMarco agreed to the amendment to the original motion.
The point was made that this motion affected staff and that this Board's duty was to make
recommendations to the City Commission. Ultimately, Mr. Aguila and Mr. DeMarco retracted the
motion and second, respectively.
f4otion
Ms. Hoyland moved to table the Code Review to allow residential single-family attached uses in
the MU-H zoning district, pending further review by staff but conveying a feeling of support by
the Board to move forward with further review. Mr. 'l'illman seconded the motion.
Mr. Rumpf confirmed that the Board wanted staff to define the threshold of allowable
residential single-family attached use. Staff suggested that these cases could be reviewed on a
case-by-case basis as conditional uses. Some Board members liked this idea. Ms. Hoyland
wanted staff to come back to the Board with all the options. The motion passed 5-1, /fir.
Fenton di~enting.
Ms. Bonnie Miskel stated that they agreed with the spirit of the Ordinance that was passed last
year, According to staff's explanation to them, the Ordinance was intended to allow for
disguising of mechanical equipment on the roof of buildings. They felt that their project met
with the spirit and the intent of the Code. The actual deck is 144 feet high and this meets
Code. The only treatments that go beyond that are ornamental and architectural and were
chosen to offer a more creative design. Instead of just flattening the top of the buildings so
they could comply, they added the false mansards. Staff spoke of extensions to cover the
elevator and the elevator portion is actually at 161 feet, so they were 11 feet over the total
height requirement. The additional 7 feet they are asking for is the mansard that was designed
to be consistent with the other elevations in the building.
Roger Frye, architect for the project, spoke of the design benefits of the building's height.
He explained that they considered that a 150-foot building in a residential district would be a
:[5-story building. They were doing high ceilings because they were creating a high-end
product. They were going to have very luxurious interiors. They also wanted to do some good
architecture so they added a parapet and put in the mansards. In most Codes, this was given
as a matter of course and administratively approved. The Code in Boynton Beach, however,
requires a height exception for anything beyond 150 feet. They believed that since it was not
inhabitable space, and was not a 16th or 17th floor, that it would be allowed. The
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April 8, 2003
building height was 15 stories because they wanted something significant to happen on the
site. They felt that the 15 stories were particularly appropriate on this site because of the
access from Boynton Beach Boulevard, being on the water, and having premium views - it is
the best place to put higher buildings. They believed that the additional height was insignificant
in terms of the powerful presence the buildings would have. Mr. Frye commented that they
were not building 15-story buildings because they wanted higher density. The site would
actually permit another 250 units based on 80-units/acre and they were at 40-units/acre
density. The result of saying no to this request would be to reduce the fifteen story buildings to
thirteen stories and raise the seven story buildings to ten, in order to get back to the density of
the preferred configuration. They did not like the way that 10-story and 13-story buildings
worked.
Ms. Miskel commented that what they were asking for was consistent with the practice in other
municipalities surrounding Boynton Beach. Boca Raton, for example, did not count any
uninhabitable space in their considerations on building height. Ms. Miskel showed a drawing of
the buildings without the mansards, showing a fiat surface with the elevator sticking out.
Acting Chair Heavilin opened the Public Audience.
Brian Edwards, 629 N.E. 9~ Avenue, Boynton Beach, stated that he appreciated this
project and hoped that something similar to it would ultimately be approved. He suggested
giving the developer the height they were asking for but ensuring that at the bottom of the :1.50
feet (plus) buildings there would be access to the water that could be appreciated, from a
ground floor view, by the citizens of Boynton Beach.
Buck Buchanan, 807 Ocean ]:nlet Drive, Boynton Beach, recalled the history of height
deliberations in the City. He was in support of the project in general but felt that the ~.50-foot
height restriction should be strictly upheld.
Lee Wische, 1302 S.W. 18u' Street, Boynton Beach, stated that nothing was perfect and
that the question had to be asked, "Do we finally want to do some redevelopment?" Things can
be worked out. He felt that this could work out, given the intestinal fortitude needed to push
things through instead of procrastinating. He wanted to see something happen in this area
during his lifetime. He said that we were trying to develop downtown, not hinder it. This
project could be the catalyst that allows everything else to fall in place.
Bruce Black, 656 I~lanor Drive, Boynton Beach, stated that this was the first project that
would be of this magnitude in the City. He did not agree with the statements he had heard that
the design was for the benefit of Boynton Beach. He believed that the design was driven by a
desire for profit, and that the developers would be gone when the buildings were finished since
they did not have a significant stake in the community. He was not opposed to having 7 and
14-story buildings. Everyone wants to have something done in this area. He wanted it to be
good for the developers and for the citizens. Mr. Black wanted the height limit of 150 feet
upheld.
Acting Chair Heavilin closed the Public Audience.
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April 8, 2003
Ms. Bonnie Miskel rebutted the comment made by Mr. Black about not having a significant
stake in the community. This was a $90M project and that was a very significant stake. The
architect stated that the buildings could be done differently but as an expert, did not believe
that they would be as appealing. There was no oceanfront property in Boynton Beach and this
would be ocean view. At seven stories, there would be no ocean view. The biggest reason
they were asking for the height exception was architectural appeal and diversity.
Board Discussion of Height
Mr. Aguila stated that the project was great and that he wanted to see it move forward, but
was not convinced by anything he had heard for need for additional height, except for purposes
of getting more units. Having a fiat building with an elevator showing would not be approved
anyway, he said.
Mr. 'r]llman agreed with Mr. Aguila, saying that the height limitation in the City was 150 feet
and disagreed that a 150-foot building would be aesthetically unappealing.
Ms. Hoyland agreed with Mr. Aguila. She commented that to allow this height exception would
open the door for others and she did not want to have to fight the height battle again. She
believed that the applicant could make it work at 150 feet.
Mr. Fenton did not have a problem with the height but did not like the idea of fee-in-lieu of
instead of additional parking spaces.
Acting Chair Heavilin stated that the project looked great and that she supported the applicant's
request for the additional height. She believed that the Board needed to bend.
Mr. DeMarco was in favor of the project and suggested that they make the buildings 14 stories
and add another story on the 7-story building. He thought this would be a good compromise. In
any case, Mr. DeMarco expressed support for the applicant's request.
Ms. Miskel responded to Mr. DeMarco's request by saying that she was not sure they wanted to
do that. That would mean redesigning and recalculating and her client wished to move forward
with the project.
I~lotion
Mr. Aguila moved to deny the request for height exception of 18 feet above the MU-H district
limitation of 150 feet, based on no positive findings as to why it was necessary. Mr. 'lqllman
seconded the motion.
The Recording Secretary called the roll and the motion to deny failed 3-3, V/ce Chair/-/eavi//n,
Mr. Del~arco, and ACr. Fenton dissenting.
Mr. Fenton made a motion to approve the height request in exchange for additional parking but
withdrew it.
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Community Redevelopment Agency
Boynton Beach, Florida
April 8, 2003
THE MEETING RECESSED AT 9:00 P.M. AND RESUMED AT 9:05 P.M.
The Board considered the Marina Site Plan.
Ms. Lusia Galav, Principal Planner, spoke about the Site Plan, saying that staff could not make a
positive recommendation because of their objection to. the height and the inclusion of
townhomes. The other two issues with the site plan were the fee-in-lieu of in exchange for 70
required parking spaces and the requirement for .~0% of the landscaping to be made up of
native plant material. With regard to the landscaping, the applicant needs to either revise the
plans or submit a variance request. If the plans were to be revised, it would have to come back
before the Board.
Acting Chair Heavilin asked the applicant if there were any questions with which they did not
agree. Mr. Frye, speaking on behalf of the applicant, said that they were in agreement with all
the Conditions of Approval.
Mr. Aguila asked staff to explain Condition of Approval #3 about the applicant having to
dedicate 2.5 feet of land to the City or petition for abandonment. Sandy Dunkirk, engineer for
the applicant, pointed out the east side of Marina Drive on a map as the area in question' Ms.
Miskel stated that the applicant had no problem with dedicating additional right-of-way and that
it would continue to stay public. Mr. Aguila also pointed out that the year should be changed
from 200 to 2000 in Condition of Approval #33.
Applicant Comments
Ms. Miskel stated that they would talk about the highlights of the Site Plan but focus on some of
the concerns. She responded to Mr. Fenton's concern about parking, saying that as a mixed-use
project, certain community residents would be frequenting the retail facilities that are provided
on the site. They believe that based on shared parking and common usage between the
different principal uses on site, they had no problem with parking and stated that staff was in
support of that. Ms. Miskel asked Mr. Roger Frye to speak about the townhome portion of the
project, even though that was not passed at this meeting.
Mr. Roger Frye stated that the Site Plan was fundamentally the same as the Site Plan brought
to the City previously. They put roads and sidewalks out on the marina and in places where
people would actually want to walk. They felt that it was important to connect Boynton Beach
Boulevard to Ocean Avenue in a walkable, friendly way. They also felt that the park was
underutilized and that it was critical to connect it to Marina Village. That use of the roadway
out on the Marina was a key component of their Plan. It was their intention to make this a
public site, to the point where the buildings that are accessed from Ocean AvenUe have retail at
their base. Building #2, the tower in the South facing the roadway, has retail at the base. Out
on the point, there is the restaurant and some additional retail. On the apartment building to
the North, the base of the building facing the park is made up of rooms that are perceived as
retail such as the community rooms, the pUblic rooms, the offices for the staff, and the fitness
center. They did not think that regular retail would work in that area.
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April 8, 2003
They put a 7-story building on Ocean Avenue because the scale related to Ocean Avenue, the
buildings across the street, and the bridge. They put the big buildings in the middle of the site
in the premier location, he felt, in the City of Boynton Beach. They felt that a community was
made by a variety of buildings, variations in shape and color, and good landscaping.
Mr. Frye expressed that housing was the key component to making something like this work.
He believed that marinas were perceived as relatively unsafe environments. There are a
number of transients that show up at marinas and people do not feel comfortable in them at
night, for example. The way to make the place feel friendly and welcoming was to put in
housing. They put in large buildings, smaller buildings, 3-story buildings, and 2-story buildings.
The garage, which they had located on the back, was moved to allow a 20-foot area for
additional landscaping. Also, the garage has been lowered one level, giving a better
relationship between the garage and the apartment buildings. The other advantage of the two
towers is the open space between the two buildings.
Mr. Frye believed that putting retail where the townhomes were proposed would be the worst
possible choice. Retail has one front; retailers do not want people coming in the back and the
front. They keep storage and bathrooms and so forth in the back. When they draw real
buildings the back will be the service entrance. That would be terrible in this location. Retail
does not work on the second floor. Tf offices were put on the second floor, people leave them
at night and they are vacant and dark. At night, the townhomes will provide life, light, and
people, creating a friendly, safe environment for people to go from the park to the restaurant.
He felt that having the townhomes was greatly preferable to having the back of an office
building or a strip center and would facilitate public access. He thought it was a mistake to deny
the townhomes.
Acting Chair Heavilin opened the Public Audience.
Brian Edwards, 629 N.E. 9~h Avenue, Boynton Beach, felt that the applicant was going to
have to have some clear guidance to make the parking situation work for this location. He
spoke of wanting access to the site from other areas in the CRA. He was in favor of the height.
He was concerned about the parking in the area and the parking for downtown.
Buck Buchanan, 807 Ocean Tnlet Drive, Boynton Beach, liked a lot about the project. He
did not believe that all marinas were dangerous. He was concerned about parking. He thought
that the fee-in-lieu-of provision had been instituted to help people who had small parcels and
were not able to provide parking and as a way to get money for the parking garage. He stated
that using that option on a project of this magnitude was somewhat inexcusable. He felt that
townhomes were an impediment to pedestrian access. He felt, also, that the townhomes would
not be year-round residences and would be dark in the evening anyway for most of the year. At
least retail on the bottom would provide some activity.
Barkley Garnsey, 326 S.W. 1st Avenue, Boynton Beach, spoke as a business owner and
property owner adjacent to the Marina project. He spoke of his support for property owners
and the right of The Related Group to develop their property; however, he was concerned
about public access and public parking. He ~j~2~hat as a business owner in the area, they had
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Community Redevelopment Agency
Boynton Beach, Florida
April 8, 2003
waited a long time for this development so that their business would improvei He stated that
the issue of public access and parking had to be made extremely clear in the Conditions of
Approval. He referred to a Greenways matter in which the Conditions of Approval had not been
written as clearly and specifically as they might have been and as a result, the developer did
not provide Greenways access. He was in support of the townhomes and the height exception
request. Access to the waterfront and public parking were critical. He understood from
conversations with Mr. Lawrence .lustiz that the applicant's intent was not to provide public
parking but only parking for their project. He praised the CRA Director's ideas for the museum
in the area.
Ms. Bonnie Miskel rebutted, saying that she was not sure why there was the impression that
public access had been reduced by their plan. The retail buildings in the former design were
connected in a concrete barrier fashion. They had enlarged the cul-de-sac paver area and
made a break between the buildings to encourage pedestrian flow. Also, all of the pedestrian
areas, including the access to the overlook and around, will all be public easements. In addition
to moving the road over next to the Marina so that the connection that previously detoured
arOund the back of the building was now up front, right by the water and the park, they were
agreeing to do public easements around the entire perimeter of the site. They had expanded
public access. They had no issues with the naUve vegetation issue and were agreeable to
expanding the right-of-way by dedicating additional square footage.
Acting Chair Heavilin closed the Public Audience.
Acting Chair Heavilin asked for a clarification on the parking issue. She asked how much of the
garage would be public versus residential only. Ms. Miskel asked Mr. Lawrence .lustiz to speak
on this point.
Mr. Larry 3ustiz, Director of Land Acquisition, 2828 Coral Way, Coral Gables, Florida,
stated that the parking garage would total 7~,0 spaces and they were getting credit for 22 of
the 45 spaces off of Casa Loma Boulevard for a total of 762 spaces, which they were providing.
Jif they met the strict residential and non-residential requirements and ratios of the City Code,
they would have to provide a total of 832, which they thought was overkill for an urban project
of this type. Therefore, they were requesting that the City, under the fee-in-lieu of program,
allow a 70-space reduction from this requirement in exchange for $1,000 per space that will go
into the City's public parking garage fund. They did not believe that those 70 spaces were
actually needed for this project.
Acting Chair Heavilin stated that her question had actually been about the number of spaces in
the parking garage itself and whether any of the 786 spaces would be for the public. Mr..lUstiz
stated that the parking spaces in the garage were for this project only. They would have valet
parking at the restaurant and so they would have quasi-public parking in their parking garage
for the people who come to their restaurant. The parking in their parking garage and the 22
spaces they were taking credit for, which 'was half of Casa Loma Boulevard, were for their
project only. They did not have any public parking in their parking garage. Acting Chair
Heavilin recalled that on the previous site plan, a certain number of floors would be public and
then it would be gated from that point upwards for the residents only.
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Mr. Roberto Rocha, The Related Group, 2828 Coral Way~ Coral Gables, Florida,
clarified Mr..lustiz' response, by saying that they had 762 parking spaces, of which 740 were in
the parking garage. The parking garage would offer parking to the public other than that
required for the condominium owners. They offer one parking space to each unit, which would
be 338 spaces out of the 762 parking spaces and would probably offer one more space for
those who required it. That would leave over 300 parking spaces that would be available for
the public if they want to walk around the Marina, use their boat, go to the restaurant, or visit
any of the retail spaces. The parking garage would not restrict public access in any way.
Mr. Ti,man stated that there were some spaces originally deeded for public use. He stated that
Mr..lustiz had just clearly stated that the public parking was for private use. Mr..lustiz said
that he used the term quasi-public parking for people using the valet service. Mr. 'lillman said if
they eliminated public parking, they would be increasing private ownership. He was concerned
about the density - they were going from 282 up to 338 and we would lose 7:1 spaces. ]:n lieu
of parking, the applicant would give the City $70K. As the demand for parking increases'in the
area, surface parking spaces cost $8K. This is something the Board might have to take a look
at. The City will lose in the end when they have to provide those actual 7:1 parking spaces.
Ms. Miskel responded that in Mixed-Use cases, residents are double counted. If a resident is
going over to the restaurant, the assumption is that they are double-counted. Some of the
people living there will be walking to the shops and restaurant and won't need parking,
specifically. They were asking for less than a 10% reduction in the overall scheme, which was
not significant. Mr. 'rillman contended that if the 7:1 spaces were eliminated, public access
would be curbed. Ms. Miskel stated that the City had a Code provision for fee-in-lieu-of and
they were going to comply with that, as would anyone else in their position.
Ms. Hoyland asked about the 22 spaces on Casa Loma and whether they were currently in the
right-of-way and public parking spaces now.
Ms. Nancy Byrne, Assistant Development Director, stated that the public parking spaces on
Casa Loma Boulevard were covered by the Amended Mediation Agreement, which was a tri-
party agreement between the City, Two Georges, and the owners of the Marina. At the time
that the agreement was entered into, the Marina owner was Edward Garcia but that has passed
with each sale of the property on to the new owner. Those are to be shared public spaces,
available to all uses at the Marina.
Ms. Hoyland subtracted those 22 spaces from the 786 that the applicant was providing. Ms.
Hoyland calculated that there was actually a 92-space shortage. She realized that as a party to
the tri-party agreement, those spaces belonged to the applicant. The spaces were for the City,
Two Georges, and this development. Ms. Byrne stated that the Garnsey-Hall property was a
part of it as well.
Ms. Hoyland noted that in the staff report, the statement was made that the parking garage
would have 740 spaces, and that a total of 22 spaces would be provided on Casa Loma. That is
762 spaces. She heard the developer say they had 786. Where were the other 20 spaces?
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April 8, 2003
There is a discrepancy. Ms. Miskel did not know where the 786 number came from and Mr.
Aquila said it was on the drawing and that it said parking provided: 786. Ms. Miskel stated that
the 22 spaces were within their property so they counted them because they were on their
property. Ms. Hoyland asked how many parking spaces they were providing including the 22.
Ms. Miskel stated that there were garages and there was parking within the townhomes and so
it was 786. Ms. Hoyland saw a discrepancy between the Staff Report and the statement on the
drawings.
Ms. Hoyland voiced a concern at the time the Board did the fee-in-lieu-of option that parking
spaces cost more than $1,000 each. At the time, the direction was that Boynton Beach wanted
people to come to Boynton and they wanted to make it friendly. In the first year they did not
even charge anything. It was in the Code. Ms. Byrne said that per Code, they had to provide
parking for the residential element but could, technically, pay for commercial spaces in lieu of.
Ms. Miskel said that it would be a number like 196 and they were only asking for 70. Ms. Byrne
noted that fee-in-lieu-of was not a right by Code; it was granted or denied by the City
Commission.
Ms, Hoyland then asked whether the applicant had done any parking study that looked at
shared parking calculations and usage times. Ms. Lusia Galav responded that this was the way
they calculated parking for Mixed-Use-High. There is a chart in the Code that is calculated
based on percentages for the peak hours in the weekends. That is how staff came up with the
856 number. It was not a straight 100% but was based on the highest number in that table of
all those calculations in those timeframes. Ms. Hoyland stated that they would look at the time
of day that residents are not at their homes and there was usage crossover for the time of day
that people were using businesses; therefore, we allow what is kind of like a shared parking
calculation to allow a reduction. Ms. Galav agreed. Ms, Hoyland continued that if it had been a
100% requirement, they would have been up over 1,000, and Ms. Galav agreed. Ms. Galav
stated that this was the only district in the Code where the shared parking formula was allowed.
Ms. Hoyland thought that 70 spaces seemed like a lot. She thought they had some on-street
parking on Boynton Beach Boulevard that went down to the Marina. She thought there was
some on-street rather than drop-off areas. Mr. Aguila agreed that this was on one of the earlier
plans.
Mr. Frye responded that this had required an additional right-of-way dedication that had not
happened. Staff requested that they put in what was actually possible to build so that when
they got their Certificate of Occupancy, whatever was drawn up was something that would
actually work. So, that parking was removed. In addition, they moved the building slightly
closer to the Marina in order to provide an additional buffer on the West side of the garage so
some of the parking spaces on that link were taken out.
Ms. Hoyland asked how many on-street, parallel parking spaces had been lost in this plan
compared to earlier ones, Mr. Frye thought that there were 12, based on his memory of what
was happening on North Marina Drive, Mr. Aguila said that counting the 22, there were about
37, so he agreed. Ms. Byrne said these spaces were not within their property and they could
not use them as part of their calculation. Ms. Hoyland asked if the spaces were previously
dedicated to the public. Ms. Byrne stated her belief that the spaces were never used in any of
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Community Redevelopment Agency
Boynton Beach, Florida
April 8, 2003
the Marina calculations. They were there for public use as part of the Promenade. Also it was
dedicated public parking by virtue of the fact that it was a public street. Ms. Hoyland was
concerned because there was a water feature that was sitting there and supposed to be part of
the whole dynamic and in order to get to it you would have to park in the garage. Ms. Byrne
stated that the CRA had the design of the Promenade and could control this. Ms. Hoylalnd
confirmed with Ms. Byrne that the City was not requiring the developer to build the on-street
parking spaces. Ms. Byrne indicated that the City did not require them to build the on-street
parking spaces but required them to have access to their project from Boynton Beach
Boulevard. ]:f the CRA wished to talk to them about something different, that would be up the
Board.
A 70-space deficit seemed rather large to Ms. Hoyland. She supported the request for fee-in-
lieu of in general; however, she felt that 70 spaces on a shared parking calculation would be
even more using raw calculations.
Mr. Aguila noted that the whole spirit behind fee-in-lieu-of was to help the very small Boynton
Beach project. There was a developer with a lot of land and very little ability to provide parking
and they wanted to assist people in this situaUon. Ms. Byrne stated that part of what was being
recalled was contained in the original Developer's Agreement where the City asked for more
parking; however, this developer was suggesting dissolving that earlier agreement.
Mr. Aguila expressed concern with the aesthetic features of the proposed buildings, saying that
the Board had seen elevations that were considerably more interesting than what was
presented. The appearance was of a straight shot, monotonous, with nothing breaking up the
building to establish base, middle, and high sections. He wanted to see more interest on the
towers as well. Mr. Aguila commented on the public access on the north side of the townhomes.
He saw a drawing with a measurement of 7.5 feet on one end and 6.5 feet on the other side.
He thought that at a marina, there were poles and lights and hoses and boxes and so forth and
that this would tend to reduce the width of the pedestrian walkway even further. He did not
think that pedestrians would find this inviting and would find it too small. ]:f the proposed
museum were to be added to the mix, it would make it even worse.
Ms. Hoyland did not like the townhomes in the proposed location and preferred to see more of
a promenade effect in front of them.
Mr. DeMarCo thought the project could be approved with the understanding that staff and the
applicant could work out the remaining details. He was in favor of ample parking, landscaping,
police protection, fire protection, open space, and quality construction.
I~lotion
Mr. 'lqllman moved to deny approval of the proposed Site Plan Modification for the Residences
at Marina Village. This motion died for lack of a second.
Acting Chair Heavilin believed that the Board's consensus was that they wanted the project but
that some issues had to be ironed out.
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April 8, 2003
Ms. Hoyland mentioned that staff did not support the height and the townhomes and the Board
did not support the height and the townhomes got tabled and a positive recommendation was
not provided. She wondered how a Site Plan Modification could be sent on to the City
Commission when a Code Revision had been tabled.
MotiOn
Mr. Aguila moved to deny approval of the Site Plan Modification for the Residences at Marina
Village. Mr. Tillman seconded the motion.
Mr. Dale Sugerman, Assistant City Manager, asked the Assistant City Attorney to swear him in.
He commented that there were many Conditions of Approval that conditioned the Site Plan. For
example, Condition of Approval #27 says, "Site Plan approval is contingent upon approval of
the Height Exception." The Board does not have to rule on the height exception tonight. Also,
Condition of Approval #24 says, "The residential single-family attached units (which they are
referring to as townhomes), are not permitted in this district. The applicant has requested a
Code Review to add townhomes to the list of permitted uses. Site Plan approval is contingent
on approval of this amendment to the Land Development Regulations." Mr. Sugerman's point
was that the Board could approve the Site Plan with the conditions that had already been
incorporated into it by staff. ]:t would not mean that those hurdles had been removed, it
would be contingent upon the applicant to get over those hurdles. He was not sure that the
Board had to solve all the problems tonight. He suggested that the Board look again at the
Conditions of Approval and see if they could be comfortable with them and whether they
wished to add further conditions. Mr. Sugerman commented that the Site Plan approval, which
was ultimately the responsibility of the City Commission, was going to be contingent on
approval of the height exception, which the Board did not grant.
Mr. Aguila and Ms. Hoyland still had several reservations about the project such as the parking,
height, the townhomes, landscaping, and the aesthetic issues, and yet they liked many things
about the proposed project.
The Recording Secretary polled the vote. The motion to deny failed 3-3, Ms. Hoyland, Mr.
Aguila, and Mr. 'rillman in favor of denial and ,4¢tz~g Cha/r/-/eav///n, Mr, DeAlar¢o, and
Fenton dissent/ng.
Nr, Fenton moved to approve the Site Plan except that Conditions #24 and #30 would have to
come back before the CRA for approval. The motion failed for lack of a second.
Tt was acknowledged that since the motion to deny failed, the net result was "no
recommendation." The Board was concerned about the "no recommendaton" and the Board
Attorney advised that they should report the results of their vote as a factual matter. The
background and history would be evident.
Acting Chair Heavilin did not want the applicant to go away thinking that the project was not
wanted when it was only a matter of some things that needed to be worked out.
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April 8, 2003
Ms. Miskel appreciated all of the comments, heard them, understood them, and would proceed
along. They appreciated the time involved in the consideration of the matter.
Chair Finkelstein resumed his duties as Chair. He commented that the Board had a rule that
they would decide at 9:30 p.m. whether they would go ahead or not and it was now 10:15 p.m.
The Board's consensus was to continue with the Code Review for Tndoor Recreation Facilities,
and the Urban Group invoice matter.
Motion
Mr. Fenton moved to continue the meeting to hear Agenda Items (C) 2 and 7 (A):~ and defer
the rest of the Agenda. Ms. Hoyland seconded the motion that passed unanimously.
C. Code Review
Project:
Agent:
Location:
Description:
Zndoor Recreation Facilities/Athletic '-
Competitions
City-initiated
C3, Community Commercial, and C-4, General
Commercial Districts
To amend the Land Development Regulations,
Chapter 1, Definitions, by adding a definition for
"Athletic Competitions," and to amend Chapter 2,
Zoning, Section 6.C.l.m by adding "Athletic
Competitions" as a conditional use and creating a
separate use group for outdoor recreation uses.
Dick Hudson, Senior Planner, gave an overview of the Staff Report for this item. Mr. Hudson
explained that this request was to amend the Land Development Regulations to add 7
definitions and to add athletic competitions as a conditional use and create a separate use
group for indoor and outdoor recreation uses. Staff surveyed local governments (Delray Beach
and West Palm Beach) to obtain their respective regulations. Neither of the cities cited by the
applicant and contacted by staff specifically address boxing as a permitted or conditional use.
Each considers the permitted facilities, which would be expected to host a variety of events that
may include boxing, to be sufficient. Staff recommended the adoption of the proposed
amendments to the Land Development Regulations as the minimum changes necessary to allow
amateur and professional competitions, such as boxing, martial arts, and wrestling, subject to
conditional use approval, within the C-3, Community Commercial Zoning District. Due to the
standard zoning structure, such uses would also be construed as conditional uses within the C-
4, General Commercial Zoning District.
Mr. Fenton recalled that there used to be a Police Athletic League boxing event in the Civic
Center on a monthly basis.
Chair Finkelstein opened the Public Audience.
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Community Redevelopment Agency
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April 8, 2003
Randy Grinter, owner/operator of Club Ovation, stated that he wanted to have some
professional boxing events at his facility. He offered to answer questions.
Chair Finkelstein closed the Public Audience when no one wished to speak.
Motion
Mr. Fenton moved to approve the City-initiated request to amend the Land Development
Regulations, Chapter 1, Definitions, by adding a definition for "Athletic Competitions", and to
amend Chapter 2, Zoning, Section 6.C. lm by adding "Athletic Competitions" as a conditional
use and creating a separate use group for outdoor recreation uses. This will allow amateur and
professional competitions, such as boxing, martial arts, and wrestling, subject to conditional use
approval, within the C-3 and C-4 Zoning Districts. Ms. Hoyland seconded the motion that passed
unanimously.
VZZ. Director's Report
A. Updates
1) The Urban Group Znvoice Detail
Mr. Hutchinson explained that he had sent out a packet of information on this subject to the
Board members with the backup that was sent by .~im Nardi of The Urban Group that detailed
each of the parcels, the date and how many hours were spent on each for the task, including
some of Mr. Nardi's administrative hours. The detail was arranged by date and gave an hour-
by-hour explanation of the work they had done on the parcels for which they had submitted
invoicing for the next draw. This contract was done before this staff was here so he looked to
the Board for direction on whether this satisfied what the Board had in mind when they entered
into the agreement with The Urban Group.
The Urban Group invoiced based on 40% completion and Chair Finkelstein did not think this
was warranted, There was one properly on which they were never able to make contact with
the owner, for example,
Howard Steinholz, a Principal of The Urban Group, stated that they had provided services
based on some specific tasks and that they had done a lot of up-front work. They set up files,
did research into County records and encumbrances and generally did a lot of work. The
project was a willing seller program and the willing seller program ended when it was
determined that there was no further interest in their moving forward. They arrived at a
determination that there were no willing sellers and at that time the task was ended.
A lengthy discussion ensued with points being made on both sides. Tt was eventually agreed
that the contract had been somewhat lacking because of its subjective content. The Urban
Group admitted that the scope could have been clearer and were willing to improve that the
next time around. However, they felt that they had earned the money based on what they had
done and based on the hours as submitted by the Project Manager, 3im Nardi. A compromise
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April 8, 2003
Motion
Mr. Aguila moved to settle the issue by paying $3,400 instead of $5,100 for Task Authorization
No. 2, "Property Acquisition". Vice Chair Heavilin seconded the motion that passed 6-1, Mr.
Fenton dissenting.
Mr. Fenton wanted to pay them more than $3,400 but less than $5,100. Mr. Aguila told Mr.
Steinholz that the Board wanted to work with The Urban Group and hoped that The Urban
Group still wanted to work with the CRA.
For the record, Mr. Steinholz stated that he would accept the $3,400 to move the matter
forward.
Next Meeting
The Board decided to continue with the deferred Agenda items on Thursday, April 24, at 6:30
p.m. with the place to be determined. (Subsequent to the meeting, the con~'nua~'on 'of this
meeting was scheduled for April 27 at 6:30 p.m. in the Chambers. There will also be a
workshop on Apr//24 at 6:$0 p.m. in the Library Program Room.)
VIII, Adjournment
Since the Board decided by motion to defer the balance of the Agenda items, the meeting was
duly adjourned at 11:15 p.m.
Respectfully submitted,
Susan Collins
Recording Secretary
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MINUTES OF THE CONTINUED REGULAR MEETING OF THE COMMUNITY
REDEVELOPMENT AGENCY HELD IN COMMISSION CHAMBERS,
CITY HALL, BOYNTON BEACH, FLORIDA
ON THURSDAY, APRIL 17, 2003 AT 6:30 P.M.
Present
Larry Finkelstein, Chairman
Jeanne Heavilin, Vice Chair
Don Fenton
Michelle Hoyland
Doug Hutchinson, CRA Director
Lindsey Payne, Board Attorney
Susan Vielhauer, Controller
Absent
Jose Aguila
Alexander DeMarco
Henderson Tillman
I. Call to Order
I1. Roll Call
Chairman Finkelstein called the meeting to order at 6:30 p.m. and noted that a
quorum was present.
II1. Agenda Approval
The agenda was placed on file as presented.
IV. Consent Agenda - None
V. Public Audience - None
VI. Public Hearing - None
VII. Director's Report
A. Updates
2. Status of Contract- Design/Build Promenade/Riverwalk
(addressed out of order)
Chairman Finkelstein noted that on April 16th he received the newest version of
the contract for the design-build of the RiVerwaitdPromenade. The document is
being reviewed by Legal and will be ready for action at the next meeting.
Attorney Payne noted that she received a new agreement this week that referred
to a portion of 30%. Chairman Finkelstein asked for clarification of the 30%. Mr.
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Boynton Beach, Florida
April 17, 2003
Hutchinson responded that this is an architectural term that refers to how much
work is done. This means that no more than 30% of the $487,000 would be
devoted to the design/build phase. Mr. Hutchinson requested that Chairman
Finkelstein, Attorney Payne and himself meet to discuss the phasing.
Land Acquisition - Promenade/Riverwalk/Park Extension
(addressed out of order)
Mr. Hutchinson reported that the City Commission approved moving forward with
the condemnation proceedings. A meeting was held yesterday with the
environmental and property appraisers to ensure that all appraisals are up-to-
date. They are researching to make sure that the most current statutes and
policies of the DEP are adhered to with regard to the mangroves. This should be
completed within two weeks, at which time a fair market offer will be made and
the money will be placed in escrow. If the offers were not accepted, the "quick
take" method would be utilized. Mr. Hutchinson did not think that the parties
were very far apart.
3. Status of Commission/CRA Workshop Scheduled for April 29,
2003
Mr. Hutchinson noted that there is a memo in the packet from him to the Board
and Mr. Bressner listing various topics for discussion. Mr. Bressner will be
providing the final agenda and if a Board member has a particular topic to
discuss, they should let Mr. Hutchinson know. The workshop will be held at the
Library.
4. Status of April 24th CRA Workshop and Agenda Items
Mr. Hutchinson said that staff has received a sample "awards program", which
staff will be adapting for use by the CRA. The remainder of the agenda has
already been determined and should be available early next week.
5. Status of Design Guidelines Piggyback Contract
Mr. Hutchinson reported that Correa Valle Valle, Inc. declined to take on this
additional work because of their commitment to Delray Beach. Mr. Hutchinson
has the RFQ that was used by Delray Beach that could be adapted for our use.
He felt it was important to have a policy program established so that everyone is
in agreement with what they want. Chairman Finkelstein suggested that this item
be added to the CRA workshop agenda for further action. Mr. Fenton thought
that this should be added to the joint workshop since this is a citywide issue.
6. Status of Sign Program
Mr. Hutchinson reported that staff has met with the sign company. They have
identified the districts and are working on how many signs will be needed. This
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Boynton Beach, Florida
April 17, 2003
Chairman Finkelstein said that he has not had an opportunity to review this and
Mr. Hutchinson suggested bringing the item back since he had some additional
changes that he would like to add to the contract.
Mr. Steinholz stated that the tasks that the Urban Group presented are the same
that were presented to the City. The only difference in the tasks is that the City's
tasks also included relocation. Mr. Steinholz stated that the tasks included
approximately 30 parcels. Chairman Finkelstein discovered that he had
reviewed the document and asked who would be paying for what. Mr. Steinholz
responded that there would be a separate program for the City and the CRA. He
pointed out that the CRA would not be providing any relocation services.
Chairman Finkelstein clarified that the CRA would not be dealing with residential
property as well, to which Mr. Steinholz agreed.
Chairman Finkelstein suggested that in the specific tasks the parcels that the
CRA is interested in could be identified and that the contract be brought back
with more detail. Attorney Payne agreed with this and felt that the tasks should
be more specific.
Chairman Finkelstein noted that the Urban Group would be providing cost
estimating services. Mr. Steinholz confirmed that they would be providing cost
estimates for acquisition of the parcels identified by the CRA. Mr. Steinholz
explained how these services would work. Vice Chair Heavilin questioned
whether cost estimates were necessary, since they intended to acquire the
properties identified. Chairman Finkelstein would also like to see a more specific
program and he was not sure if the program presented tonight was necessary.
Mr. Hutchinson pointed out that on the second page of the Urban Group letter it
lists the scope of work that the CRA would receive. Mr. Hutchinson suggested
that staff bring back a first priority task list that would include the two properties
previously discussed and he will contact the church, which is the third property.
Mr. Hutchinson feels that these three properties will require the CRA to expend
money in order to acquire them. Chairman Finkelstein felt that these three
parcels needed to be addressed before they can move forward with the
remaining parcels.
Motion
Mr. Fenton moved that staff come up with a more delineated contract that would
focus on the three primary properties that require action by the Urban Group.
Motion seconded by Ms. Hoyland and unanimously carried.
VIII. Old Business
Consideration of Fa(;ade Grant Request for Boynton Boundless,
L.L.C. (tabled)
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Boynton Beach, Florida
April 17, 2003
Chairman Finkelstein suggested that the item should be removed from the
agenda, rather than to keep tabling it. When the applicant comes back with the
proper application, it could be placed back on the agenda.
Motion
Ms. Hoyland moved to remove the item from the table. Motion seconded by Vice
Chair Heavilin and unanimously carried.
Motion
Vice Chair Heavilin moved to delete Item VIII.A "Consideration of Fagade Grant
Request for Boynton Boundless, L.L.C." and that it not to be placed back on the
agenda until a proper application is received. Motion seconded by Ms. Hoyland
and unanimously carried.
Consideration of Southern Homes Request for Banners at the
Merano Bay Temporary Sales Office (tabled)
Mr. Hutchinson suggested that this item also be removed from the agenda.
Motion
Ms. Hoyland moved to remove Item VIII. B from the table. Motion seconded by
Vice Chair Heavilin and unanimously carried.
Motion
Vice Chair Heavilin moved that Item VIII. B. "Request by Southern Homes for
Banners at the Merano Bay Temporary Sales Office" be deleted from the agenda
and not be placed back on the agenda until the proper information is received.
C. Purchasing Manual
Chairman Finkelstein suggested reviewing the revised Purchasing Manual page
by page. The following changes, comments and revisions were made:
· Page 2, paragraph 4, Chairman Finkelstein suggested that the wording be
changed to read: "Blanket Purchase Order is a purchase order that covers
the purchase of repetitive type supplies of a like nature for a stipulated
period of time (i.e. 12 months)."
· Paragraphs 5 and 6 on Page 2 should be combined.
· Delete paragraph 25 on Page 4. There was a consensus to delete this
paragraph.
· In paragraph 42 on Page 6 the word "Director" be changed to "Board."
· Page 7, paragraph 49, the word "leasehold" should be deleted.
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Boynton Beach, Florida
April 17, 2003
· On Page 8, Vice Chair Heavilin felt that paragraph 52 was a duplicate of
paragraph 19 on Page 4. Attorney Payne will follow through on clarifying
this.
· In paragraph 51, on Page 8, staff was seeking direction. Chairman
Finkelstein felt that the Board could give detailed direction and that staff
would follow through with it. He did not think it was necessary that staff
come back to the Board for final approval. Attorney Payne pointed out
that surplus property is usually obsolete and she will clarify the wording.
· The second paragraph on Page 10 will be deleted.
· On Page 11, it was agreed to delete all the language as recommended by
staff.
· Chairman Finkelstein recommended that the insurance provisions on
Page 12 in the first paragraph under "Policy" be changed to state, "that it
meets the insurance requirements as contained in the bid."
· Chairman Finkelstein suggested that Paragraph B on Page 13 be
simplified for clarification purposes.
· On Page 13, paragraph F, in the last sentence the words "from the
vendor" will be deleted and the words "by staff" will be substituted in its
place.
· Vice Chair Heavilin inquired if it was necessary to include RESPECT and
PRIDE as bidders. Ms. Vielhauer said that she has contacted these
agencies and it would be possible to use them. Ms. Vielhauer said that
this paragraph has been reworded to read: "...that is commissioned for
purchasing from the blind and severely handicapped."
· On Page 15, both paragraphs in paragraph 2.B. will be deleted in their
entirety.
· On Page 16, the first four paragraphs will be deleted.
· On page 16 in Paragraph D in the third full paragraph the words "with the
bond" will be moved and inserted after the words "power of attorney."
· On Page 21, in Paragraph 1, the first sentence will be deleted.
· In the same section, in the next full paragraph, last sentence, the word
"Board" will be added after "CRA."
· In the last full paragraph of Section 1, Page 21, the last sentence will be
changed to read, "CRA Director will make the necessary change to the
.purchase order and return it to the Controller for the CRA records."
· On Page 22, paragraph 3, the word "entered into" will be added after the
word "contract" and after the word "and", the words "as such" will be
added so that the sentence will read as follows: "Professional Services
Contracts are a negotiated contract entered into prior to services being
rendered and, as such, change orders will require approval of the CRA
Board.
· On Page 23, paragraph 4, second paragraph, in the first sentence, the
word "uninhibited" will be deleted and the word "non-specific" will be
inserted in its place.
On Page 23, paragraph 4, the last sentence in the second paragraph, will
be changed to read: "By establishing boundaries within which to operate
and guiding the vendor toward the direction of the CRA's goal, the RFP
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Boynton Beach, Florida
April 17, 2003
seeks to elicit the best talents in the market place to handle the task
identified."
On Page 24, paragraph 6, the words "on the solicitation for bid" will be
deleted and the words "in the RFP" will be inserted in its place.
On Page 24, Attorney Payne will further clarify paragraph 7.
On Page 25, in paragraphs 1 and 2 under "Policy", Chairman Finkelstein
suggested that the wording be changed as follows:
"$10,000 or more for planning or study activity."
"$10,000 or more for basic construction costs."
Page 26, Section 2, "Competitive Selection" will read, "There shall be a
Competitive Selection Committee which shall be appointed by the CRA
Board, which may be composed of the following representatives:"
On Page 26, paragraph 3, Chairman Finkelstein would like to have. a
member of the Board be able to intercede to negotiate where staff was not
successful. This would avoid having to initiate the whole process over
again. Vice Chair Heavilin suggested adding that if this failed, "new
solicitation for proposals would be initiated."
On Page 27, paragraph 4, the words "if approved" would be added after
the words "CRA Board and." In the same paragraph in the last sentence
the word "Director" would be added after the word "CRA."
On Page 28, the last two sentences under the section "Policy" would be
combined to read, "Construction projects under $10,000 in cost may be
processed by written quotations. Sealed bids are required for all
construction projects over $10,000 in costs and the following special
conditions will apply:"
On Page 28, Sections l.a. and b. will be deleted.
On Page 29, Section I.B, the last sentence will be changed to read, "A list
of these firms shall be assembled from records of the CRA."
On Page 30, Paragraph D will be deleted.
On Page 31, last paragraph of Section 4 the words "must be" will be
inserted after "contracts" and the word "are" will be deleted so that the
sentence would read, "All contracts must be reviewed and approved by
the CRA Attorney..."
On Page 34, in the second paragraph under "Purpose", the second
sentence will be changed to read, "Each purchasing credit card is issued
to a named individual and the name is clearly shown on the card."
Chairman Finkelstein would also like the CRA name on the card as well.
Attorney Payne will clarify this language.
On Page 35, the first paragraph is redundant and will be deleted.
On Page 35, Paragraph 3.A will be changed to read, "A purchase credit
card will have limits for each Cardholder."
Vice Chair Heavilin requested Paragraphs 4.A through E. be incorporated
into the Employee Agreement (Attachment II). Ms. Vielhauer will
reference the terms in the manual in the Employee Agreement.
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Meeting Minutes of Continued Regular Meeting
Community Redevelopment Agency
Boynton Beach, Florida
April 17, 2003
Ms. Vielhauer inquired if the Board would like her to make the changes and bring
a final draft to the next meeting for approval. Chairman Finkelstein stated that
once all the changes are made and Attorney Payne has approved the final draft,
it could be placed on the Consent Agenda for approval.
RECESS WAS CALLED AT 8:15 P.M.
THE MEETING RECONVENED AT 8:25 P.M.
IX. NEW BUSINESS
A. Consideration of Staff Direction to develop an RFQ for a
Design/Build Team Competition for the Savage Creatures of
Ancient Seas Project.
Chairman Finkelstein had several comments regarding the Museum. He liked
the concept of the museum and the competition idea. He was not in favor of the
CRA operating and/or managing the museum, but felt that the CRA should take
the lead in formulating an attraction for the area and was in favor of going to the
next step. However, he was not certain what the next step should be and felt
that a feasibility study by an impartial third party that was familiar with these
types of projects was warranted prior to spending $75,000 for the competition.
The feasibility study would confirm if staff's report on the study was on the mark
and if it was not, how it should be adjusted. The feasibility study would provide
better guidelines for the design/competition, as well as better financial
projections.
Chairman Finkelstein also had some concerns regarding the budget and the
analysis in the report. He pointed out that the TIF increment was originally
incorrect and he wanted to make sure that the museum could be supported
financially. He would like to have the Commission's buy-in of the project since it
was necessary that the City had to guarantee the CRA's loan and this might be
necessary again. He suggested that this be placed on the joint workshop
agenda with the Commission and the CRA. Secondly, he would like to see more
buy-in from the DEP, even though it appears that they favor the project. Thirdly,
the project also needs County buy-in since a $1.5 million grant is required
Chairman Finkelstein pointed out that the feasibility study is important because
the budget indicates that the debt projection of the CRA will grow to over $19.5
million, thereby creating $2 million in debt service per year. He would like to
make certain that an impartial panel is created to review the results. He noted
that the final numbers for the Promenade and the Riverwalk are not complete.
Ms. Hoyland inquired who would be able to provide a feasibility study. Mr.
Hutchinson responded that there is an entire industry that provides this service.
Mr. Hutchinson agreed that a feasibility study should be undertaken, but he
would like this linked with the design study so that the whole picture would be
available. He did not think that a feasibility study alone could produce the kind of
1469
Meeting Minutes of Continued Regular Meeting
Community Redevelopment Agency
Boynton Beach, Florida
April 17, 2003
information that could be garnered by utilizing architects and contractors in the
study. Chairman Finkelstein agreed that the entity performing the feasibility
study could not design a museum. He envisions that the feasibility study would
compare and study like projects and determine if the project should move
forward.
Ms. Hoyland suggested that the entity selected to perform the feasibility study
should be comprised of a team of people that possess specific qualifications.
Chairman Finkelstein felt that staff has done an excellent job in preparing the
proposal, but he would like to make sure that they are proceeding in the right
direction.
Chairman Finkelstein would like the entity that performs the feasibility study to be
hired. He does not want the entity selected by winning a contest and he would
like it a requirement that they put together a team. Attorney Payne stated that
they would have to go through the CCNA process since this is, in actuality, a
planning study, to which members agreed.
Mr. Hutchinson felt that before the CRA can ask for a buy-in by the City, County
and DEP, it needs to be determined that the museum is feasible, which will be
determined by the study. Chairman Finkelstein had no objection to moving
forward with the feasibility study before going to the Commission for their
support.
Chairman Finkelstein passed the gavel to Vice Chair Heavilin.
Motion
Mr. Finkelstein moved that staff formulate an RFQ for a multi-party firm to bid on
a feasibility analysis for the Savage Creatures of the Ancient Seas Museum and
bring it back to the Board for approval. Motion seconded by Mr. Fenton. The
motion unanimously carried.
D. Consideration of the Distribution List for CRA Meeting Minutes
Mr. Hutchinson reported that when the agenda packets are distributed they
include the minutes of prior meetings. He noted that the Clerk's Office also mails
the minutes to members. He felt that this was a redundancy and asked members
which method they would prefer to receive the minutes. Vice Chair Heavilin
suggested only getting the minutes from the City Clerk's Office since they are
sent out before the agenda packets and provides members more of an
opportunity to read them. Mr. Hutchinson said that the minutes must be
included in the agenda packet in order for the Board to approve them. Ms.
Hoyland did not think it was necessary that the City Clerk's Office send out the
minutes.
1470
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Meeting Minutes of Continued Regular Meeting
Community Redevelopment Agency
Boynton Beach, Florida
April 17, 2003
Attorney Payne said that she would speak to the City Clerk to determine what
procedure should be followed. Ms. Hoyland asked if the minutes could be e-
mailed and was informed that they could. Ms. Hoyland said that she would
prefer this method.
Motion
Ms. Hoyland moved that the Board Attorney investigate further whether or not the
minutes need to be forwarded to the CRA Board members from the City Clerk's
Office. If it is a policy or requirement that they must be forwarded by the City
Clerk's Office, then the members on the Board that wish to have them sent
electrenically, i.e., e-mailed, can have that done or if they wished to have them
mailed by regular mail they could opt for that as well. Motion seconded by Vice
Chair Heavilin and unanimously carried.
X. Other items
Chairman Finkelstein noted that there was an item under consent on the agenda
for the first half of this meeting held on April 8, 2003 that had questions for the
Board and should not have been under consent. The item dealt with the
justification of a budget transfer request and how often the Board would like
budget transfer requests submitted for Board appreval: There also was a
question if the Board would like a variance report to be included. In order to
address the item, it needs to be removed from the consent agenda.
Motion
Ms. Hoyland moved to pull the item "Justification for Budget Transfer Request"
from the Consent Agenda for discussion. Motion seconded by Mr. Fenton and
unanimously carried.
Chairman Finkelstein pointed out that he had asked Ms. Vielhauer to do a survey
to determine how other CRAs handle this situation. He explained that when a line
item is overspent there is a negative in the column that would have to be either
adjusted or a variance report would have to be submitted explaining why there
was a negative in that column. Ms. Vielhauer asked if the Board would like this
done on a monthly basis and Chairman Finkelstein felt that this was too often.
Mr. Hutchinson pointed out that the budget year is almost over and the reason
staff is requesting direction on this was because there needs to be a reason why
various line items have been adjusted. He felt that twice a year would be
sufficient.
1471
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Meeting Minutes of Continued Regular Meeting
Community Redevelopment Agency
Boynton Beach, Florida
April 17, 2003
Motion
Vice Chair Heavilin moved to prepare a Justification for Budget Transfer Request
through the end of June 2003 and then semi-annually. Motion seconded by Mr.
Fenton and unanimously carried.
With regard to a variance report, Chairman Finkelstein felt that quarterly
statements should be sufficient and that the report simply state what categories
were off budget and why they were off budget. Mr. Fenton asked what was
considered a "large variance" and Ms. Vielhauer said that this could vary.
Motion
Mr. Fenton moved that a Variance Report be submitted on a quarterly basis
beginning in June 2003 to coincide with the fiscal year. Motion seconded by Vice
Chair Heavilin and unanimously carried.
A. Presentation of Certificates
Chairman Finkelstein read and distributed Certificates of Appreciation presented
by the Mayor and City Commission to the Board members who were not present
at the Annual Board Dinner.
Xl. Adjournment
There being no further business, the meeting was properly adjourned at 9:05
p.m.
Respectfully submitted,
Barbara M. Madden
Barbara M. Madden
Recording Secretary
(April 18, 2003)
1472
12
MI'NUTES OF THE COMMUNITY REDEVELOPMENT AGENCY WORKSHOP
HELD I'N THE Li'BRARY PROGRAM ROOM,
BOYNTON BEACH, FLORIDA,
ON THURSDAY~, API~L 24, 2003 AT 6:30 P.M.
Larry Finkelstein, Chairman
Jeanne Heavilin, Vice Chair
Jos~ Aguila
Al DeMarco
Don Fenton
Michelle Hoyland
ABSENT
Doug Hutchinson, CRA Director
Henderson 'l'illman
Z.
Chair Finkelstein began the meeting at 6:30 p.m. and handed out certificates to Messrs.
Jos~ Aguila and Alexander DeMarco, Community Redevelopment Agency, for valuable
service to the City, signed by the Mayor and City Commissioners.
Prior to consideration of the Agenda Items, there was a discussion about the fee-in-lieu
of program and whether the intent of the program was being abused. For example, it
was thought that it had originally been intended to allow a small developer to pay the
fee when his property did not have enough room for required parking, and the scale
was to be small - perhaps 3 or 4 spaces. It was not understood that large developers
would opt for this when they had the room for the appropriate number of spaces. 'The
comment was made that in the case of the Marina, it had always been the developer's
intent to exercise this option. The Board believed that the fee-in-lieu of dollar figure of
$1,000 per parking space was inadequate and the consensus of the Board was to
reopen this issue and address it.
Ii. Workshop A. enda Items
A. CRA Priority List
Chair Finkelstein complimented staff on putting this list together. He asked for changes
or comments from the Board.
1473
Meeting Minutes
Community Redevelopment Agency Workshop
Boynton Beach, Florida
April 24, 2003
The Board discussed the idea of having design guidelines and the need for the Board to
come to an agreement on the content and philosophy behind the program.
Mr. Aguila invited interested persons to attend a charrette that was being held in Delray
Beach on this subject on May 3, 2003 from 8:00 a.m. to 1:00 p.m. at Old School
Square.
Mr. Hutchinson stated that it was his intention to keep the Priority List updated. He will
provide it in his Director's Report each month and invited the Board members to call
him if they wanted something moved up to the head of the list. He also stated that he
would include his calendar from Outlook so that the Board members could see his
schedule and contacts.
The Board decided to move the Affordable Spaces incentive item, the Human
Resources Manual, Financial investment Strategies, Revenue Forecasts, Budgets,
Outside Audit RFQ, and Board Member Qualifications & Budgets up to the A list. An
Events item will be put on the B or C list.
B) Events Development
The Board discussed the schedule of events and whether to support certain events, at
what level to support them, and the long-term plan for events in general. The
consensus was to support a select group of events each year at reasonable financial
levels, possibly in the form of matching contributions, and to lend staff support to help
the events become self-sufficient in the next few years. The Board wanted to become
acquainted with the individuals behind the groups, their current status, and future plans
and goals so that they could give support based on facts. Although the Board wanted to
support events, it did not want to be the sole source of support for any event..
The demise of GALA and the possible reasons for it were discussed. Vice Chair Heavilin
inquired about the plans for Holidays on the Avenue this year. Mr. Hutchinson indicated
that this was the focus of current planning efforts. Staff will build on the efforts that
have already started in the BODA area.
The need for holiday lights, decorations, and banners in the MLK Corridor area was
discussed. Five neighborhood associations and the City asked the CRA to give some
attention to this area during the holidays. The Board agreed that this should be done.
Mr. Hutchinson budgeted $5K for this item this year but stated that this amount would
be augmented by support from the Neighborhood Specialist and the Recreation
Department. Ms. Hoyland mentioned Delray Beach's program where holiday lights and
decorations are donated to the City for eventual distribution to people who cannot
afford to purchase them.
1474
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Meeting Minutes
Community Redevelopment Agency Workshop
Boynton Beach, Florida
April 24, 2003
C. Graphics/Web Site/Brochure Development
The Board hoped to find a vendor that could handle the Web site design and hosting
and the design and preparation of a simple graphics brochure as well. They preferred
to use professional talent from the local population. It was felt that giving some
guidance to the Web site designer would help to produce the best finished product and
towards that end, staff asked the Board members to jot down Web sites they noticed
that were especially appealing. The item will be put on an agenda in the near future.
Hr. Hutchinson remarked that the CRA really needed a logo and letterhead'as well.
D. Board Member Background Criteria
The Board discussed this item and most Board members agreed that it would be agood
idea to have formal criteria put in place, possibly in the form of an Ordinance, in the
bylaws, or in some other legal vehicle. It was acknowledged that legal advice' would
have to be sought to ensure that there would be no conflict between any such formal
requirements and the State statutes by which the CRA is governed. Host Board
members agreed that the same selection criteria that applied when the CRA Board was
formed should be extended to other Boards in the City and that the City Commission
should be encouraged to make this not only policy, but law. Various categories and sub-
categories of type of representation were discussed.
Mr. Hutchinson was to take the Board comments into consideration and include them in
the form of a memo request to the City Commission. This item will be discussed at the
.loint City Commission/CRA meeting on Tuesday, April 29, 2003.
Mr. Ed Breese, former Director of Planning & Zoning and the CRA for Lake Worth, was
in the audience and was asked about the composition of these Boards in Lake Worth.
Mr. Breese responded that the CRA had the head of a Housing Authority, a lawyer, a
real estate land appraiser, a banker, and two downtown businessmen. The Planning &
Zoning Board was comprised of two attorneys, a planner, two landscape architects, a
historical preservation specialist, and two realtors.
E, Awards Program
Ms. Hoyland explained that in Delray Beach, on the Site Plan Review and Appearance
Board, awards were given after projects had received certificates of occupancy. The
completed projects go into a "pool" and the Board looks at the pool at certain intervals
and votes for "best signage," "best color change," '"oest commercial multifamily," and
other categories. One person keeps a running list of every project that is approved and
notes which ones receive certificates of occupancy. They take pictures for a Power
1475
3
Meeting Minutes
Community Redevelopment Agency Workshop
Boynton Beach, Florida
April 24, 2003
Point presentation and make presentation to the Board. The Board members have a
scoring sheet and by the next regular meeting the plaques are put together.
Chair Finkelstein referred to the organization that preceded BODA, saying that once a
year that organization would award a plaque to "best improved property," He
envisioned a simple recognition program and not a competition.
Vice Chair Heavilin wanted to have a recognition program that emphasized restoration
and renovation as opposed to new projects.
Mr. Fenton favored limiting the program to four or five awards a year and keeping it
simple.
The consensus was that the award program presented by Mr. Hutchinson was eXcellent
but that the Board was not ready to embark on such an extensive program at this time.
The Board members wanted to see a simple recognition program put into effect.
F. Design Overlay Guidelines
Mr. Hutchinson commented that staff had looked into piggybacking onto Delray Beach's
contract for this but the consultant did not have the staff or resources to undertake it.
Mr. Hutchinson asked for direction on this item from the Board.
There were suggestions to include the design overlay guidelines in the Boynton Beach
Boulevard Corridor quotation or the Land Development Regulations rewrite project. Mr.
Hutchinson will investigate these possibilities and put the item on the agenda for the
May 13 meeting.
III. Other
Public Input
Mr. Harvey Oyer was not in favor of codifying the candidacy requirements for serving
on Boards. He believed that the elected officials should be allowed to use their own
judgment and that if they failed, they could be removed from office.
With regard to the GALA program, Mr. Oyer stated that when it was a project of the
Chamber of Commerce and local civic clubs,that it had worked very well. Then,
bureaucracy took over and the cost became prohibitive and the local clubs and artists
got out of it. He felt that the CRA should stick to traditional CRA pursuits and not get
involved in too many events.
1476
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Meeting Minutes
Community Redevelopment Agency Workshop
Boynton Beach, Florida
April 24, 2003
Agenda Items
Mr. Hutchinson stated that staff was trying to get information out to the Board
members as early as possible to give them sufficient time to get their comments in to
staff. The May :[3 agenda is large and so far, staff had only received one comment on
the Investment Policy.
Next Meeting
The next meeting is scheduled for Tuesday, April 29, 2003 in the Library Program Room
at 6:30 p.m.
IV. Adjournment
Since there was no further business before the Board, the meeting was duly adjourned
at 8:15 p.m.
Respectfully submitted,
Susan Collins
Recording Secretary
(042503)
1477
5
MEMO
TO: CRA Board
FROM:
Susan Vielhauer
SUBJECT: Financiais
DATE: May 6, 2003
We received $6,739.34 in interest for the Money Market Account this month.
We received our refund on General Liability Insurance since General Liability Insurance
has now been secured as an agency not as individuals which has been applied to the
Property / General Insurance and the Bond Liability Insurance Accounts. We have also
changed the grouping of General and Bond Insurance to Property and General Liability
insurance with Bond Insurance separate due to billing issues.
1478
Wheels Weekend
April 5, 2003
Income:
T-Shirt Sponsors
T-Shirt Sales
Total Income:
Expenses:
Paid Expenses:
Scott Ringerson
The Dillengers
Unique Productions
Kid's Zone
Mad Dad Security
John Burgess
Mr Brian Entertainment
Skip Kelly
H Vielhauer Photography
Able Sanitiation
Sign A Rama
Postive Image T-Shirts
Boynton Beach Times Inserts
City of Boynton Police Department
Total Expenses
Total Wheels Week Event Cost
$ 280.00
$ 190.00
$ 470.00
$ 600.00
$ 900.00
$ 2,400.00
$ 325.00
$ 200.00
$ 100.00
$ 275.00
$ lOO.OO
$ 2OO.OO
$ 303.00
$ 144.37
$ 844.00
$ 285.00
$ 658.67
$ 7,335.04
$ (6,865.04)
1479
April 30, 2003
PROGRAMS
Office EqulpmentJ Furniture
Office Leasehold ImprovemE
Printing Programs
Festlvalsl Events/Seminars
Fagade Grants
Economic Incentive Grants
PROJECTS
Relax Inn Closing & Demo
Rlverwalk / Promanade Proj;
MLK Commercial
Way.Finding Slgnage
Rlverwalk / Promanade Lanc
High School Project
TOTALS EXPENSES
2002/2003
Budget
20,000.00
35,000.00
25,000.00
50,000.00
100,000.00
100,000.00
1,100,000.00
750,000.00
250,000.00
25,000.00
200,000.00
0.00
3,078,435.00
BUDGET TO ACTUAL COMPARISON
2002/2003 2002/2003 Year To Current
Amended Amended Date Pedod
1/14/2003 04/17/2003 Totals Apdl
20,000.00 23,556.00 23,555.94 0.00
35,000.00 35,000.00 1,135.70 150.00
25,000.00 25,000.00 0.00 0.00
50,000.00 50,000.00 8,142.56 4,359.21
100,000.00 100,000.00 0.00 0.00
100,000.00 100,000.00 0.00 0.00
1,100,000.00 1,100,000.00 886,095.30 40.00
750,000.00 750,000.00 874.22 0.00
250,000.00 250,000.00 0.00 3,400.00
25,000.00 25,000.00 11,020.36 1,996.00
200,000.00 200,000.00 4,300.00 0.00
0.00 0.00 500.00 300.00
3,398,233.27 3,417,139.27
YTD 02/03 % of
Totals Including Budget Budget
Current Month Remaining Remainin
23,555.94 0.06
1,285.70 33,714.30
0.00 25,000.00
12,501.77 37,498.23
0.00 100,000.00
0.00 100,000.00
886,135.30 213,864.70
874.22 749,125.78
3,400.00 246,600.00
13,016.36 11,983.64
4,300.00 195,700.00
800.00 0.00
1,258,465.19 30,455.65 1,288,920.64 2,128,168.43
0%
96%
100%
75%
100%
100%
19%
100%
99%
48%
98%
Note Payable 3,000,000.00
TOTAL RESERVE BALANCE 1,777,361.00
0.00 0.00 0.00 0.00 0.00 0.00
4,467,537.73 4,103,660.73 5,924,357.46 5,900,641.15 5,900,641.15 4,047,222.6~
1481
Apd130,2002
Beginning Balance
Revenues
TIF Taxes
City Transfer Funds
Hall Property Transfer
Grant Funding
Interest Income
Other Income
Total Revenue
Expenditures
Personel Cost
Salades
Salary Expense
Contract Labor
Total Salaries
BUDGET TO ACTUAL COMPARISON
Community Redevelopment Agency of Boynton Beach
2002/2003 2002/2003 Year To Current YTD 2002/2003 % o'
2002/2003 Amended Amended Date Period Totals Including Budget Budge
Bud~let 1/14/2003 4/17/2003 Totals Apdl Current Month Remaining Remair
5,780,416.00 5,790,391.00 5,790,391.00 5,790,391.00 5,924,357.46 5,790,391,00 5,790,391.00
1,675,380.00 1,675,380.00 1,330,409.00 1,330,408.92 0.00 1,330,408.92 0.08 0%
0.00 0.00 0.00 17,834.98 0.00 17,834.98 0.00 N/A
385,000.00 385,000.00 385,000.00 0.00 0.00 0.00 385,000.00 100~
0.00 0.00 0.00 0.00 0.00 0.00 0.00 N/A
15,000.00 15,000.00 15,000.00 44,187.75 6,739.34 50,927.09 0.00 340~
0.00 0.00 0.00 0.00 0.00 0.00 0.00 N/A
7,855,796.00 7,865,771.00 7,520,800.00 1,392,431.65 6,739.34 1,399,170.99 385,000.08
35,769.18 11,923.06 47,692.24
41,982.56 0.00 41,982.56
Payroll Taxes
Workers Comp
Health Insurance
Life Insurance
Total Personel Cost
Professional Services
Legal
City Staff
Contracted Services
Audit
Maint. & Cleaning
I.T. Support
Total Professional Services
Office
Rent Expense
Phone Expense
Electric Expense
Office Total
Equipment Leases Expense.,
Insurance
Property / GeneraJ Liability
Bond Liability
Professional
Insurance Total
155,000.00 155,000.00 155,000.00 77,751.74 11,923.06 89,674.80 65,325.20 42%
11,625.00 11,625.00 11,625.00 3,773.78 934.93 4,708.71 6,916.29 59%
8,130.00 8,130.00 8,130.00 1,357.50 0.00 1,357.50 6,772.50 83%
21,000.00 21,000.00 21,000.00 5,548.71 38.22 5,586.93 15,413.07 73%
540.00 540.00 540.00 0.00 0.00 0.00 540.00 100%
196,295.00 196,295.00 196,295.00 88,431.73 12,896.21 101,327.94 94,967.06
21,600.00 21,600.00 31,600.00 21,717.20 4,104.30 25,821.50 5,778.50 18%
6,000.00 6,000.00 6,000.00 1,362.97 507.01 1,869.98 - 4,130.02 69%
100,000.00 100,000.00 100,000.00 17,347.48 0.00 17,347.48 82,652.52 83%
7,500.00 7,500.00 7,500.00 0.00 0.00 0.00 7,500.00 100%
2,700.00 2,700.00 2,700.00 1,138.86 565.25 1,704.11 995.89 37%
12,000.00 12,000.00 12,000.00 647.50 0.00 647.50 11,352.50 95%
149,800.00 149,800.00 159,800.00 42,214.01 5,176.56 47,390.57 112,409.43
38,880.00 38,880.00 38,880.00 6,840.00 0.00 6,840.00 32,040.00
9,360.00 9,360.00 9,360.00 4,630.73 580.31 5,211.04 4,148.96
2,100.00 2,100.00 2,100.00 766.66 168.16 934.82 1,165.18
50,340.00 50,340.00 50,340.00 12,237.39 748.47 12,985.86 37,354.14'
3,600.00 3,600.00 3,600.00 1,461.18 343.00 1,804.18 1,795.82
1,850.00 1,850.00 2,700.00 360.00 105.92 465.92 1,384.08
400.00 400.00 400.00 1,847.18 -1,521.15 326.03 73.97
2,000.00 2,000.00 4,000.00 3,904.00 0.00 3,904.00 96.00
4,250.00 4,250.00 7,100.00 6,111.18 -1,415.23 4,695.95 1,554.05 22%
Travel Expense
Business Meetings
Seminars
Mileage & Delivery Services
Car Allowance- Director
Total Travel Expenses
Office Supplies
Licenses, Books, Pub.
Licenses, Fees, Permits
Memberships, Subscriptions
Books & Publication
Total Licenses, Books, Pub.
Advertising & Public Notices
Career Development
Printing Office Expense
Miscellaneous Expense
Debt Service
Principal Payment
Interest Expense
Total Debt Service
Operating Expense
1,500.00
2,000.00
1,750.00
3,600.00
8,850.00
1,800.00
250.00
1,500.00
250.00
2,000.00
4,000.00
750.00
1,250.00
500.00
0.00
0.00
0.00
423,435.00
1,500.00 3,500.00 2,154.06 581.21 2,735.27 764.73 22%
3,000.00 3,000.00 2,768.34 0.0o 2,768.34 231.66 8%
1,750.00 1,750.00 457.63 42.07 499.70 1,250.30 71%
3,600.00 3~600.00 1,799.98 276.92 2,076.90 1,523.10 42%
9,850.00 11,850.00 7,180.01 900.20 8,080.21 3,769.79 32%
1,800.00 1,800.00 2,593.04 987.23 3,580.27 -1,780.27 -99%
250.00 250.00 179.50 0.0o 179.50 70.50 28%
3,000.00 3,500.00 2,039.37 0.0o 2,039.37 1,460.63 42%
250.00 250.00 130.76 0.00 13o.76 119.24 48%
3,500.00 4,000.o0 2,349.63 0.00 2,349.63 1,650.37 83%
4,000.00 4,000.00 300.00 0.00 300.00 3,700.00 93%
750.00 750.00 160.00 173.00 333.00 417.00 56%
1,250.00 1,250.00 932.01 401.00 1,333.01 -83.01 -7%
500.00 500.00 221.79 0.00 221.79 278.21 56%
130,640.53 130,640.53 63,653.37 0.00 63,653.37 66,987.16 51%
186,657.74 186,657.74 94,995.77 0.00 94,995.77 91,661.97 49%
317,298.27 317,298.27 158,649.14 0.00 158,649.14 158,649.13 50%
743,233.27 758,583,27 322,841.11 20,210.44 343,051.55 414,681.72 98%
1480
Uses of Funds
Debt Service
Debt Service Principal Payment
Interest Expense Payment
Total Debt Service
Current
$0.00
$o.oo
$0.00
YTD
$63,653.37
$94,995.77
$158,649.14
Current Total
$63,653.37
$94,995.77
$158,649.14
Project Expenses
Festivals / Events / Seminars
Way-Finding Signage
Fa(;ade Grant Program
Economic Incentive Program
High School Project
Total Project Expenses
$4,359.21
$1,996.00
$0.00
$o.oo
$3oo.0o
$6,655.21
$8,142.56
$11,020.36
$0.00
$o.oo
$5OO.OO
$19,662.92
$12,501.77
$13,016.36
$0.00
$o.oo
$80O.O0
$26,318.13
General & Administrative
Salaries
Payroll Tax
Property/General Insurance
Workers Compensation
Health Insurance
Life Insurance
Professional Fees - Audit
Professional Fees - City Staff
Professional Fees - Contracted Services
Professional Fees - Legal
Professional Fees - Maint. & Cleaning
Professional Fees - IT Support
Advertising Expense
Telephone Expense
Electric Expense
Rent Expense
Office Leasehold Improvements
Printing Office Supplies
Printing Programs
Mileage & Delivery
Seminars Staff / Board
Business Meeting Expense
Licenses, Fees, Permits
Membership, Subscriptions
Books & Publications
Career Development
Office Supplies
Office Furniture / Equipment/Setup
Professional Insurance
Equipment Leases
Miscellaneous
Car Allowance Director
Bonding Insurance
Total General & Administrative
$11,923.06
$934.93
$105.92
$o.oo
$38.22
$o.oo
$o.oo
$507.01
$0.00
$4,104.30
$565.25
$o.oo
$o.oo
$580.31
$168.16
$o.oo
$150.00
$401.00
$o.oo
$42.07
$o.oo
$581.21
$o.oo
$o.oo
$0.00
$173.00
$987.23
$0.00
$0.00
$343.OO
$o.oo
$276.92
($1,521,15/
$20,360.44
$77,751.74
$3,773.78
$360.00
$1,357.50
$5,548.71
$o.oo
$0.00
$1,362.97
$17,347.48
$21,717.20
$1,138.86
$647.50
$300.00
$4,630.73
$766.66
$6,840.00
$1,135.70
$932.01
$o.oo
$457.63
$2,768.34
$2,154.06
$179.50
$2,039.37
$130.76
$160.00
$2,593.04
$16,600.26
$3,904.00
$1,46!.18
$221.79
$1,799.98
$1,847.18
$181,927.93
$36O,239.99
$1,032,191.66
$89,674.80
$4,708.71
$465.92
$1,357.50
$5,586.93
$o.oo
$o.oo
$1,869.98
$17,347.48
$25,821.50
$1,704.11
$647.50
$3OO.OO
$5,211.04
$934.82
$6,84O.OO
$1,285.70
$1,333.01
$0.00
$499.70
$2,768.34
$2,735.27
$179.50
$2,039.37
$130.76
$333.OO
$3,58O.27
$16,600.26
$3,9O4.0O
$1,804.18
$221.79
$2,076.9O
$326.03
$202,288.37
$387,255.64
$1,011,915.35
Total Application of Funds
$27,015.65
($20,276.31)~
Fund Sources in Excess of Application
1483
Community Redevelopment Agency of Boynton Beach
Revenue
Tax Increment Funds
Tax Increment Funds:
Total T~x Increment Funds
Income Statement
April 30, 2002
Current
YTD
$1,330,408.92
$0.00
Current Total
$1,330,408.92
City Funds
City Transfer Funds
Total City Funds
$0.00 $1,330,408.92 $1,330,408.92
$0.00 $17,834.98 $17,834.98
Grants, Project Reimbursements
Grant Funding
Total Grants and Projects
$0.00 $17,834.98 $17,834.98
Interest Income
Interest Income
Total Interest Income
Other Income
Other Income
Total Other Income
Total Sources of Funds
$0.00 $0.00 $0.00
$0.00 $0.00 $0.00
$6,739.34 $44,187.75 $50,927.09
$6,739.34 $44,187.75 $50,927.09
$0.00 $0.00 $0.00
$0.00 $0.00 $0.00
$6,739.34 $1,392,431.65 $1,399,170.99
1482
ASSETS
Community Redevelopment Agency of Boynton Beach
Balance Sheet
Government Funds
30-Apr-02
Total
Community
Redevelopment
Cash and Cash Equivalents
Receivables
Prepaid Expenses
Inventory
Fixed Assets
Real Estate Relax Inn
RiverWalk / Promenade / BBB Extension
RiverWalk / Promenade / Land
MLK
Accumulated Depreciation- Fixed Assets
Work in Progress Assets Relax Inn
RiverWalk / Promenade / BBB Extension
RiverWalk / Promenade / Land
MLK
Total Work in Progress Assets
Furniture / Equipment
Accumulated Depreciation-Fum./Equip
Total Assets
LIABILITIES AND FUND BALANCES
Liabilities:
Accounts Payable
Accrued Liabilities
Note Payable
Total Liabilities
Fund Balances:
General Fund
Change in Fund Balance
Total Fund Balances
Total Liabilities and Fund Balances
5,900,988.25
$
$
$
$
$
$ 886,135.30
$ 874.22
$ 4,300.00
$ 3,400.00
$ 6,955.68
$ -
$ 6,802,653.45
$ 347.33
$ 2,877,525.55
$ 2,877,872.88
$ 2,912,865.22
$ 1,011,915.35
$ 3,924,780.57
$ 6,802,653.45
1484
COMMUNITY REDEVELOPMENT AGENCY
PURCHASING MANUAL
Revised 4/17/03
1485
TABLE OF CONTENTS
TERMS AND DEFINITION ..................................................................... 2
BIDDING & REQUISITIONS .... ............................................................................. 8
BIDS & PROPOSALS ........................................................................................ 10
CHANGE ORDERS .............................................................................. 17
REQUEST FOR PROPOSALS ............................................................... 19
PROFESSIONAL SERVICES ............................................................................ 21
CONSTRUCTION CONTRACT ............................................................... 24
PURCHASING / PETTY CASH .............................................................. ,26
PURCHASING CREDIT CARD .......................................................................... 27
ASSIGNMENT/CONTROL OF PURCHASING CREDIT CARD .................... 28
1486
CRA PURCHASING POLICY MANUAL
TERMS AND DEFINITIONS
PURPOSE:
As used throughout the Purchasing Policies the words and terms defined in this
section shall have meanings set forth below unless the context in which they are
used clearly requires a different meaning or a different definition as prescribed for
a particular section or portion thereof.
DEFINITIONS:
Addendum means a written or graphic instrument issued prior to the
opening of bids or proposals which clarifies, corrects or changes the
bidding documents or contracts. '
2. Award means the acceptance of a bid, offer, or proposal by the CRA.
o
Bid Bond means a form of bid security executed by the bidder as principal
and by a surety to guarantee that the bidder will enter into a contract
within a specified time and furnish any required performance bond.
Blanket Purchase Order is a purchase order that covers the purchase of
repetitive type supplies of a like nature for a stipulated period of time (I.E.
12 months).
Brand Name or Equal Specification means a specification limited to one or
more items by manufacturers' name or catalog number to describe the
standard of quality, performance or other prominent characteristic needed
to meet CRA requirements.
Capital Purchases means all tangible personal property having an original
acquisition cost of $1,000.00 or more per unit and a life expectancy of
more than one year. This would include the capitalized purchase of
Software.
Change Order is a written order amending a purchase order. Purchase
orders may be amended to correct errors, omissions, discrepancies,
acceptable overruns, freight costs or amendments to contracts which
entail additional cost.
Commodities include but are not limited to goods, equipment, materials
and printing which is purchased, leased or otherwise contracted for by the
CRA.
1487
Competitive Bids or Competitive Offers means the receipt of bids or offers
submitted by responsive qualified bidders or offerors.
10.
Competitive Selection and Negotiation is a method of purchasing whereby
qualified professional firms are invited to submit "Letters of Interest",
proposals or qualifications and are short listed by an appropriately
appointed evaluation committee.
11.
Construction means the process of building, altering, repairing, improving
or demolishing any structures, buildings or other improvements to any real
property. It does not include the routine operation, routine repair or
routine maintenance on existing structures, buildings or real property.
12.
Construction Change Order is a written order directing the contractor to
make changes which the change's clause of the construction contract
authorizes. Construction Change Orders will require CRA Director
approval.
13.
Consultant's Competitive Negotiations Act (CCNA) is the common name
for Section 287.055 of the Florida Statutes concerning the procurement of
^rchitectural, Engineering (including testing), Landscape ^rohitecture and
Registered Land Surveying Services.
14.
Contract means all types of binding agreements including purchase orders
for the procurement of supplies and contractual services.
15.
Contractor means any person or business having a contract with the CRA
to perform a service or sell a product.
16.
Contractual Services means the rendering of a contractor for their time
and effort rather than the furnishing of specific commodities, materials,
goods, equipment and other personal property. The term applies only to
those services rendered by individuals and / or firms who are independent
contractors.
17.
Debarment or Suspension means a disqualification of a business or
person from receiving invitations for bids, requests for proposals or the
award of contracts by the CRA because of previous illegal or irresponsible
action for a specific period of time commensurate with the gravity of the
offense or the failure or the inadequacy of performance.
18.
Designee means a duly authorized representative of a person holding a
superior position.
1488
19.
20.
21.
22.
23.
24.
25.
26.
Fixed-Price Contract means a contract whereby the price is fixed for the
entire life of the contract or until a set quantity of goods or services is
delivered.
General Services means support services performed by an independent
contractor requiring specialized knowledge, experience or expertise. The
service rendered does not consist primarily of acquisition of equipment or
materials. Examples of general services are janitorial, pest control
services and maintenance of equipment. General Services are not
normally procured through Requests for Proposals or Invitations to Bid
unless otherwise provided for herein. Procurement of general services
may include subjective evaluation factors of the submitting firms.
Governmental Agency means any agency of the Federal, State, or any
local government or local governmental entity.
Invitation to Bid means a written solicitation for competitive sealed bids
with the title, date, and hour of the public bid opening designated and
specifically defining the commodities or contractual services for which bids
are sought. The invitation for bid will be used when the CRA is capable of
specifically defining the scope of work for which a contractual service is
required or When the CRA is capable of establishing precise specifications
defining the actual commodities required. The invitation to bid will include
instructions to bidders, plans, drawings and specifications, if any, a bid
form and other required forms and documents to be submitted with the
bid.
Request for Letters of Interest is a method of selecting a vendor whereby
all vendors are invited to submit a summary of their qualifications and
state their interest in performing a specific job or service.
Mandatory Bid Amount means the dollar threshold at which the formal bid
process is required. The Mandatory Bid Amount is currently $10,000.
The current known requirement of any commodity or service will not be
divided to circumvent the requirement of the Mandatory Bid Amount.
Minority Business Enterprises (MBE) is a business in which a recognized
minority group owns more than 50% of the stock or a person of minority
status. Minority Businesses must be qualified through certification.
Multiple-Award Contracts means contracts which provide awards to more
than one vendor for the same item. The CRA Director may use these
contracts when it is determined that the use of more than one vendor is in
the best interest of the CRA.
1489
27.
28.
29.
30.
31.
32.
33.
34.
Negotiations for Professional Services means the act of determining
terms, conditions and prices for the performance of professional services.
A negotiation committee will negotiate with the top ranked candidate from
the competitive selection of professional service firms in an attempt to
reach agreement on a contract for the provision of services to the CRA.
Notice of Award means the written notice by the CRA to the apparent,
successful bidder or offeror stating that upon compliance by the
successful bidder or offeror with the conditions precedent to the contract
within the time specified the CRA will sign and deliver the contract.
Open-end Contract means a contract whereby an indefinite quantity of
supplies, services, or construction are to be procured over an identified
time span when needed.
Performance/Construction Bond means a bond of a contractor/vendor in
which a surety guarantees to the CRA that the work /services will be
performed in accordance with the contract documents and may, at the
discretion of the CRA, include an irrevocable letter of credit issued by a
financial institution or cash.
Procurement is the buying, purchasing, renting, leasing or otherwise
obtaining any supplies, services, construction or any other item(s)
including description of requirements, selection and solicitation of sources,
preparation and award of contracts and all phases of contract
administration.
Professional Services means any services where the CRA is obtaining
advice, instruction or specialized work from an individual specifically
qualified in a particular area. Professional services may include a report
or written advice; however, the main thrust of the service is not considered
labor, but the exercise of intellectual ability. These services may be
procured by Letter of Interest or requests for proposals and selected
through Competitive Selection and Negotiation.
Purchase Order means a purchaser's document to formalize a purchase
transaction with a vendor conveying acceptance of a vendor's proposal.
The purchase order should contain statements as to quantity, description
and price of the supplies, services or construction ordered and applicable
terms as to payment, discounts, date of performance, transportation,
insurance and other factors
Quotation means an informal (verbal) or formal (written) notice by a
vendor to the CRA stating the prices, terms and conditions under which
they will furnish certain goods or services.
1490
35.
36.
37.
38.
39.
40.
41.
42.
43.
Request for Proposals means all documents whether attached or
incorporated by reference for soliciting sealed proposals.
Responsible Bidder or Responsible Offeror means the person who has the
capability in all respects to perform fully the contract requirements and the
tenacity, perseverance, integrity, experience, ability, reliability, capacity,
facilities, equipment, financial resources and credit which will give
reasonable expectation of good faith performance.
Responsive Bidder or Responsive Offeror means a person who has
submitted a bid that conforms in all material respects to the invitation to
bid or request for proposals.
Selection and Negotiation Committee is a group of persons appointed by
the CRA Board to rank in preferential order those professional firms or
individuals interested in providing services on a particular project and to
negotiate a final contract with the highest ranked firm. -
Services mean the furnishing of labor, time and effort by a contractor not
involving the delivery of a specific end product other than reports which
are merely incidental to the required performance. This term shall not
include employment agreements or collective bargaining agreements but
shall include both professional and general services.
SNAPS is the State Negotiated Agreement Price Schedule (SNAPS)
which is a state program created to eliminate comparative pricing for
purchases as long as they meet the requirements of: recycled content,
conservation factors or environmentally desirable characteristics.
Specification means any description of the physical or functional
characteristics or of the nature of a supply, service or construction item. It
may include a description of any requirement for inspecting, testing or
preparing a supply, service or construction item for delivery.
Specifications may also contain provisions for inclusion of factors which
will lead to the ultimate calculation of the lowest total cost. All
specifications shall seek to promote overall economy for the purpose
intended and encourage competition in satisfying the CRA's needs and
shall not be unduly restrictive.
Sole Brand means the only known brand or only reasonable brand
capable of fulfilling the needs of the CRA.
Sole Source means the only known vendor or the only reasonable vendor
capable of providing a service or commodity to the CRA.
1491
44.
45
46.
47.
State Contract is the State of Florida Purchasing Division's formal bidding
process and award of various equipment and services contracts extended
for use by all political subdivisions (entities).
Supplies mean all property, including but not limited to, equipment,
material, printing and equipment leases but specifically excluding the
acquisition of interests in real property by the CRA.
Surety means an organization which, for consideration, promises in writing
to make good the debt or default of another. The surety must hold a
certificate of authority as an acceptable surety on federal bonds published
in the current Circular 570, United States Department for the Treasury and
the Federal Register effective July 1 annually, as amended.
Surplus Property means any property belonging to the CRA, which is
capable of being used, but is in excess of the normal operating
requirements of the CRA. This property is disposed by auction or other
means which proves to be more beneficial to the (CRA) as determined by
or CRA Board. The CRA Board will approve the method of sale or
disposal of the property.
1492
CRA PURCIIASING POLICY MANUAL
BIDDING AND REQUISITIONS
PURPOSE:
This policy is to establish unified purchasing procedures in determining the
requirements for requisitions which will be processed into purchase orders and
direct payment requisitions.
POLICY:
The purchase of all budgeted goods and services below the mandatory bid
amount of ten thousand dollars ($10,000) must follow the quotation and approval
guidelines stated below. Purchases shall not be artificially divided to circumvent
the approval process.
Purchase Amount Quotation Process Approval Level - Purchase
Total Purchase Each Item Total Purchase Order Type
Less than $500 No Quotation Director* Direct
Payment
Requisition/P.
O.
$500 to $1,999 Three Verbal Quotes CRA Director* Direct
Payment
Requisition/P.
O.
$2,000 to $4,999 Three Written Quotes CRA Director* Direct
Payment
Requisition/P.
O.
$5,000 to $9,999 Three Written Quotes CRA Chairman or Direct
designee & CRA Payment
Director* Requisition/P.
O.
$10,000 or more Formal Bid Process CRA Board Formal Bid
g s~gnee.
Direct Payment Requisition.
All requisition forms must be submitted to CRA Director or designee
providing the amount to be paid, the vendor name and vendor address.
The supporting invoice must be attached to the requisition.
1493
2. Purchase Requisition less than $500.
All Purchase Requisitions totaling less than $500 per purchase may be
processed with a Form 121 and the invoice attached to the Form 121. All
Form 121's are forwarded directly to the CRA Director for approval and
returned to the Controller. Price quotes are not required for purchases
under this amount.
3. Purchase Requisition totaling between $500 to $1,999.
All Purchase Requisitions totaling between $500 and $1,999 will require
three verbal quotes. The verbal quotes will be summarized and attached
to a Form 121. All Form 121's are forwarded directly to the CRA Director
for approval and returned to the Controller for payment or issuance of a
purchase order.
4. Purchase Requisition totaling between $2,000 to $4,999.
All Purchase Requisitions totaling between $2,000 and $4,999 will require
three written quotes. The written quotes will be attached to a Form 121.
Form 121's shall be forwarded directly to the CRA Director for approval
and returned to the Controller for payment or issuance of purchase order.
5. Purchase Requisition totaling between $5,000 to $9,999.
All Purchase Requisitions totaling between $5,000 and $9,999 will require
three written quotes. The written quotes will be attached to a Form 121
and forwarded directly to the CRA Director. The CRA Director and CRA
Chairman or designee will review the quotes, approve one and return to
the Controller for payment or issuance of a purchase order
6. Purchase Requisition over $10,000.
All Purchase Requisitions over $10,000 will require a formal bid process
and the approval of the bid by the CRA Board prior to the issuance of a
purchase order.
After all procedures have been met the ultimate responsibility for informing the
Controller to issue a purchase order or check rests with the CRA Director.
1494
CRA PURCHASING POLICY MANUAL
BIDS & PROPOSALS
PURPOSE:
Formal sealed bids and proposals are the most effective methods for soliciting
competitive prices from vendors in government agency purchasing. This policy
will establish procedures to use for sealed bids and proposals.
POLICY:
All contracts of the CRA shall be awarded by competitive sealed bidding except
as otherwise provided in the purchasing policies. All Bids, Request for Proposals
(RFP's), Request for Qualifications (RFQ's), Contracts, Agreements, Leases,
etc., shall at a minimum meet the insurance requirements contained in all Bids,
RFP's, RFQ's or negotiated documents.
Exclusions To The Formal Bid Process are (but not limited to):
A. Competitive Sealed Proposals compares the prices of
responsive/responsible bidders to determine an award by evaluating
the proposal on a cost and qualitative basis and the ability to meet the
bid specifications.
· Description of the item or service to be purchased (statement of
work).
Specific criteria that will be used to evaluate the proposal along with
the stated relative order of importance (generally):
· Managerial capability.
· Technical acceptability and
performance requirements.
· Reasonableness of price.
approach in meeting
· May ask for experience in the line of work being considered
including references.
· Staff capabilities along with resumes of key individuals who will
work on the project.
· Cost breakdown of the proposed price.
B. Multi-Step Competitive Sealed Bid is generally a two step process in
which the award is basis of price, but available specifications are
1495
10
inadequate or to general to permit full and free competition without
technical evaluation and discussion:
First Phase:
Issue request for information or proposal to which
interested, potential suppliers respond with either
necessary information or unpriced technical offers.
Second Phase:
Potential suppliers who submitted technically
acceptable offers are invited to submit competitive
sealed prices based on their technical offers.
Award is to the lowest responsive/responsible bidder.
C. Contracts for Designated Professional Services are services where the
CRA is obtaining advice, instruction, or specialized work from an
individual specifically qualified in a particular area. The procurement_of
professional services does not lend itself to normal competitive bidding
and price competition alone.
D. Emergency Procurement allows the CRA Director to make
procurement of commodities or contractual services where the cost
does not exceed ten thousand ($10,000) when there exists a clear and
present threat to public health, property, welfare, safety or other
substantial loss to the CRA, provided however, that such emergency
procurement shall be made with such competition as is practicable
under the circumstances.
E. Sole Source Procurement may be awarded for a supply, service or
construction item without competition when it is determined that there
is only one source available such as repairs or additions from the
original equipment manufacturer, only supplier in the area, franchised
or licensed distributor or service, patented or proprietary item, or by
negotiation where the procurement by competitive procedures is not
feasible nor practical. Any vendor identified by staff as a sole source
vendor must be supported in writing.
State Contract is the State of Florida Purchasing Division's formal
bidding process and award of various equipment and services
contracts extended for use to all political subdivisions (entities).
Supporting doCuments will be submitted with requisition to the
Controller as well as all applicable information as printed from the
Florida Commission Network as required when using of State
contracts.
1496
11
G. "Piggy-backing" onto contracts by other governmental agencies (i.e.,
county, school board) is encouraged when it is determined that this
method of procurement will provide the best product/service at the best
price without compromising specifications or quality desired. This
method of procurement should be considered prior to using any other
method set forth regardless of quantity or monetary value of the
procurement. Supporting documents will be submitted with requisition
to the Controller as well as a tab sheet and/or letter of award that
cleady specifies the product or service, prices, entity, and bid number
and term of contract. Contract must be an open active contract.
RESPECT of Florida is a registered service mark of The Florida
Association of Rehabilitation Facilities, Inc. which is the central non-
profit agency that is for purchasing from the blind or other severely
handicapped. A catalog is available in the CRA Office for the
procurement listings which include: computers, first aid and safety
products, janitorial products, municipal products, office products,
promotional products, and services.
PRIDE of Florida is the Prison Rehabilitation Industries and Diversified
Enterprises, (PRIDE) Inc. that is a non-profit, self-funded corporation
chartered by the State'of Florida in 1981 to provide meaningful training
and work experience to inmates in Florida's correction institutions. A
catalog is available in the CRA Office of all products, prices, and
contact person.
SNAPS is the State Negotiated Agreement Price Schedule (SNAPS)
which is a State program created to eliminate keeping comparative
pricing for purchases as long as they meet the requirements of:
recycled content, conservation factors or environmentally desirable
characteristics.
In the CRA you can electronically access the SNAPS program and find
the procurement category and company, contract with contract period,
the requirements met in the contract and information on how to obtain
from the vendor a copy of the contract agreement and price listing.
K. Contracts with The City of Boynton Beach for direct services.
When A Formal Sealed Bid Process Is Used For Purchases of $10,000 or
More The Following Process Should Be Used.
A. Invitation for Bids. An Invitation for Bids shall be issued for each
solicitation for offers equal to or exceeding the mandatory bid amount
1497
12
and shall include a purchase description and all terms and conditions
applicable to the procurement.
B. Bid Specifications. Specifications for all bids should be provided by
hard copy and on a 3 % or CD disk.
C. Insurance. Insurance is required to safeguard the CRA from all claims
resulting from damage to property and/or injury to persons caused by
the vendor or their actions. The successful bidder shall be required to
obtain, at their own expense, all minimum insurance coverage required
under the terms and conditions of all Bids, Request for Proposal
(RFP), Request for Qualifications (RFQ), Contracts, Leases, and
Agreements.
D. Bonds. Bonds offer tangible protection in the form of monetary
assurances that the bidder will meet their obligations. For bids of
$25,000 or more, the successful bidder shall furnish a surety bond as a
security for faithful performance of order(s) awarded as a result of the
bid for payment of all persons performing labor and on furnishing
materials in connection therewith. Surety of such bond should be in the
amount equal to the bid.
Simultaneously with the delivery of the executed contract, the
successful bidder shall deliver to the CRA an executed bond or a letter
of credit in the amount of 100 percent of the accepted bid as security
for faithful performance of the contract for payment of all persons
performing labor or furnishing materials in connection therewith.
The attomey-in-fact that signs the bond must file a certificate and
effective power of attorney with the bond.
Bonds must be secured by the bidder at his own cost and generally
may be classified as:
Bid Bond or Bid Security. This is a document, usually in an amount
of five percent of the bid, which guarantees that the bidder will enter
into a contract with the CRA.
Bid bonds protect the CRA from erroneous or deliberate Iow bids
which the vendor has no intention of honoring. Should the bidder
fail to enter into a contract, the bid bond is forfeited.
Bid security must be submitted with the bid and can be in the form
of a certified check, cash or bond..
1498
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The awarded vendor's Bid Security will be returned after receipt of
a Performance Bond or a Letter of Credit in the amount of 100% of
the bid, unless otherwise provided for in the Invitation to Bid.
Performance/Construction Bond. This bond is a surety instrument
guaranteeing that the vendor will perform according to the terms of
the contract and is generally in an amount of 100% of the bid. This
bond affords protection from non-performance in completion of
major contracts. Should the vendor default, the bond is cashed and
the CRA may then utilize the funds to complete the contract with
another vendor.
Performance bonds are submitted upon award of contract prior to
the CRA signing agreements.
· Cash Bond. In the amount of the bid or contract award.
· Irrevocable Letter of Credit. Sometimes used in lieu of a bond in
the case of some construction projects or multi-year contracts.
Bid Conditions. In addition to the general conditions of most formal
bids some bids require special conditions that pertain specifically to the
bids in question. Conditions differ from specifications in that conditions
refer to requirements which must be met by the bidder before
specifications of his bid are even considered.
Public Notice/Request to Advertise. Public notice shall be given a
minimum of eight (8) calendar days prior to the' date set forth therein
for the opening of bids. Such notice shall include publication in a
newspaper of general circulation no later than eight (8) calendar days
prior to bid opening. The notice shall state the bid title, scope of
services or reason for the bid, and place, date, and time of bid
opening.
G. Bid Opening.
Time of Bid Receipt. The CRA Director must receive bids no later
than the time and date identified in the Invitation for Bid. Bids
received after this time shall be returned unopened to the bidder.
The Secretary will stamp date and record the time received on all
bids held for formal bid opening. The CRA reserves the right to
consider bids that have been determined by the CRA to be
received late due to mishandling by the CRA after receipt of the Bid
and no award has been made.
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Public Bid Opening. All bids received shall be publicly opened in
the presence of witnesses at the place designated in the Invitation
for Bids. No additional bids, except stated in "Item a" above, will be
accepted after the assigned receiving date and time.
All Bids Unopened. If all bids are not opened at the assigned
receiving date and time of the bid, for any reason other than failure
of the vendors to present their bids or cause their bid to be
presented at the appropriate time, the bid opening may occur the
following workday at the same time as originally scheduled.
H. Bid Acceptance and Bid Evaluation. Bids shall be unconditionally
accepted without alteration or correction, except as authorized in
purchasing policies. Bids shall bb evaluated based on the
requirements set forth in the Invitation for Bids, which may include
criteria to determine suitability for a particular purpose. Those criter, ia
that will affect the bid price and be considered in evaluation for award,
excluding cash discounts, shall be objectively measurable, such as
trade discounts, transportation costs, and total or life cycle costs. The
Invitation for Bids shall set forth the evaluation criteria to be used.
Corrections, Cancellation, or Withdrawal of Bids. Corrections or
withdrawal of inadvertently erroneous bids shall be permitted up to the
time of bid opening. After bid opening, no changes in bid prices or
other provisions shall be permitted; provided however, th(~ CRA
Director or his designee shall have the authority to waive minor
irregularities as provided by law or correct obvious calculation errors.
Jo
Bid Evaluation and Award. Bids should be evaluated based on the
requirements set forth in the Invitation to Bid, which may include
criteria to determine acceptability, such as inspection, testing, quality,
workmanship, delivery, service, price and suitability for a particular
purpose. Those criteria that will affect the bid price and be considered
in evaluation for award shall be objectively measurable, such as
discounts, transportation costs and total or life cycle cost, etc. The
Invitation to Bid shall set forth the evaluation criteria to be used.
The contract shall be awarded to the lowest responsible bidder whose
bid meets the requirements and criteria set forth in the Invitation to Bid.
In determining "lowest responsible bidder", in addition to the bid
evaluation criteria above, the following may be considered:
· The ability and skill of the bidder to perform the contract.
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15
Whether the bidder can perform the contract or provide the
supplies/services as required without delay or interruption within the
time specified.
· The quality of performances of previous contracts or services with
the CRA or other entities.
K. Tie Bids. If two or more bidders are tied, the tie may be broken and
the successful vendor selected by the following criteria presented in
order of importance.
· Quality of the items or services bid if such quality is ascertainable.
· Delivery time if provided in the bid by the bidders.
· Location of the vendor with the following award preferences:
CRA Vendor
City of Boynton Beach vendor
Palm Beach County vendor
Florida vendor
If the above criteria are impossible to determine with any reasonableness or do
not resolve the issue, the award will be given to that vendor whose bid was
received first as indicated by the date stamp and time recorded on the envelope
containing the bid.
Contract Extension. All invitations for bids for open-end contracts
shall, when practical, provide for an extension of the contract for a time
period up to the amount of the original time pedod, upon mutual
consent of the buyer and seller and wdtten analysis by the Purchasing
Agent that renewal is in the best interest of the CRA. Any contract
extension less than $10,000 will require the approval of the CRA
Director, and contract extensions above $10,000 will require approval
of the CRA Board.
Cancellation of Requests. A request for proposals, invitation for bids or
request for qualifications may be canceled and/or any or all responses
may be rejected in whole or in part when it is in the best interest of the
CRA. The reasons therefore shall be made part of the CRA file. After
responses are opened, such rejection shall be made part of the CRA
file.
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CRA PURCHASING POLICY MANUAL
CHANGE ORDERS
PURPOSE:
A change order is a written order amending a purchase order. Purchase orders
may be amended to correct errors, omissions, discrepancies, acceptable
overruns, freight costs or amendments to contracts that entail additional cost.
Some project cost cannot be identified until the initial work has been completed.
POLICY:
A change order will be issued prior to invoice payment for the following purposes:
Change orders for all construction and non-construction purchases, which
were initially awarded by the CRA Board, will be approved as follows:
(Based on cumulative change orders)
Less than $5,000 requires CRA Director approval;
$5,000 to $9,999 requires CRA Director and CRA Chairman or
designee approval;
$10,000 or more requires CRA Board approval.
Change orders will only be presented to CRA Board for approval when
Cumulative Change Orders for the awarded item has reached $10,000 or
more. When presented to the CRA Board all cumulative changes that
make up the cumulative change order amount of $10,000 or more will be
presented as part of the approval. If after CRA Board approval additional
change orders are required, the same process will be used for the next
cumulative change orders.
An odginal of the change order shall be remitted to the CRA Director
attached to a purchase requisition requesting the change order. The CRA
Director will make the necessary change to the purchase order and return
it to the Controller for the CRA records.
Normal purchase orders over $500 will have a tolerance of 10 percent of
the purchase order amount up to $100. The invoices for these purchase
orders can be processed without preparing a change order. Invoices,
which exceed the tolerance limit, will require the CRA Director to review
the discrepancy. The change order request shall justify the cause for
variance.
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Professional Services Contracts are negotiated contracts entered into
prior to services being rendered and, such as, change orders will require
approval of the CRA Board.
All change orders are to be reviewed and processed to change the purchase
order amount. Change orders will be distributed to the holders of the original
purchase order.
If there are any questions as to the procedure for processing a particular change
order contact should be made with the CRA Director
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CRA PURCHASING POLICY MANUAL
REQUEST FOR PROPOSALS
PURPOSE:
When the CRA Director determines that the use of competitive sealed bidding is
not practical or not advantageous to the CRA, a contract may be entered into
through receipt of the competitive sealed proposals.
POLICY:
Request for Proposal. Proposals shall be solicited through a Request for
Proposal (RFP). The RFP shall be developed by the CRA Staff with the
approval of the CRA Director and review by the CRA Attorney. Requests
will identify required specifications and determine the parameters for the
solicitation, of bids.
Public Notice/Request to Advertise. Public notice of the Request for
Proposal will be given in the same manner as provided for competitive
sealed bidding. Notice will be provided in local media no later than eight
(8) calendar days prior to the designated receiving date of the Request for
Proposal.
Receipt of Proposal. No proposal shall be opened until the time
designated in the public notice of the Request for Proposal. A register of
proposals in the form of a tabulation sheet shall be prepared containing
the name of each offeror.
Proposal Conditions and Specifications. Conditions and specifications
tend to serve more as guidelines than strict standards. The object is to
allow the vendor's own expertise to design a proposal which will fulfill the
CRA's ultimate specified result.
Conditions and specifications need not be so broad as to promote non
specific proposals. By establishing boundaries within which to operate
and guiding the vendor toward the direction of the CRA's goal, the RFP
seeks to elicit the best talents in the market place to handle the task
identified.
Inquiries on RFP. All questions in regards to an RFP shall be addressed
to the CRA Director or designated contact person. The CRA Director will
coordinate the responses to the inquiry in the form of an addendum that
alters or changes the end result of a RFP and forward copies to all known
responders to the proposal.
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Evaluation Factors. The RFP shall state the relative importance of price, if
appropriate, and other evaluation factors such as: quality, delivery and
service, as well as past supplier performance and conformance to
specification and/or quotation requirements. Only criteria disclosed in the
FRP may be used to evaluate the items or services proposed.
Discussion with Responsible Offerors and Revisions to Proposals. As
provided in the Request for Proposal, discussions may be conducted with
responsible offerors that submit proposals determined to have a
reasonable possibility of being selected for award, for the purpose of
clarification only to assure full understanding of, and conformance to, the
solicitation requirements.
Award. Award shall be made to the responsible/responsive offeror whose
proposal is determined to be the most 'advantageous to or in the best
interest of the CRA, taking into consideration the evaluation factors 'set
forth in the request for proposal. The contract file shall contain the basis
on which the award was made.
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2O
CRA PURSHASING POLICY MANUAL
PROFESSIONAL SERVICES
PURPOSE:
To provide a policy.that fully complies with the requirements of the Consultants
Competitive Negotiation Act (CCNA), Section 287.055, Florida Statutes, when
the combined amount for the services is $10,000 or more.
DEFINITION:
Professional services mean any services where the CRA is obtaining advice,
instruction or specialized work from an individual specifically qualified in a
particular area. This would include architectural, engineering and registered land
surveying services. Professional services may include a report or written advice
which may be lengthy; however, the main thrust of the service is not considered
labor but the exercise of intellectual ability. The procurement of professional
services does not lend itself to normal competitive bidding and pricing
competition alone. These services may be procured by a Request for Letter of
Interest, Request for Proposal or Request for Qualification and selected through
competitive selection and negotiation.
POLICY:
The CRA requires a competitive bid process for professional services when the
cost of the service exceeds:
1. In the amount of $10,000 or more for planning or study activity.
2. In the amount of $10,000 or more for basic construction costs.
The processes to contract for professional services are:
Public Announcement/Request to Advertise - At such time when
professional services are deemed necessary by the CRA, the CRA
Director shall provide and request for a legal advertisement to be
published in a newspaper of general circulation within Palm Beach County
setting forth a general description of the project requiring professional
services and providing instructions on how interested firms may apply for
consideration by the CRA. In addition, a notification of the project will be
sent to each certified firm which has expressed an interest in being
notified, a mailing list created from the vendor file and a suggested list
from the requesting Staff or Board.
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Competitive Selection - There shall be a Competitive Selection Committee
(CSC), appointed by the CRA Board, which shall be appointed by the CRA
Board may be composed of the following representatives:
A. Representative(s) of the CRA Board.
B. Citizen appointed by the CRA Board based on their qualifications and
experience in the area of discipline.
C. Other representative(s) that may be deemed appropriate by the CRA
Director or CRA Board.
The responsibility of the CSC committee will be to:
· Short-list the number of firms to a minimum of three firms.
· Rank the firms for the particular project without considering price or
opening the fee submitted by each firm with the proposal.
Hold discussions with all short listed firms after opening their fee
proposal. Such discussion may encompass formal presentations by
each firm. The requirements of presentations or discussion will be
the same for each short-listed firm.
· Rank the firms based on qualifications and discussions.
After selection of the firm that will best serve the interest of the
CRA, the selection committee will bring their recommendation
before the CRA Board to authorize the order of the firms for
negotiation of a contract.
Competitive Negotiation - The (CSC) committee or CRA Board Designee
(s) will attempt to negotiate a contract with the highest ranked firm to
perform the services at a compensation that the CSC determines to be fair
and reasonable. If the CSC is unable to negotiate a satisfactory contract
with the firm obtaining the highest ranking, negotiations with that firm shall
be formally terminated. The CSC then shall undertake negotiations with
the second ranked firm. If these negotiations also prove unsatisfactory,
negotiations shall again be terminated and the CSC will negotiate, in turn,
with each firm in accordance with their ranking by the committee, until an
agreement is reached or the short list is exhausted. When Staff has
reached an impasse in the negotiations, Staff will notify the CRA Board.
The CRA Board may choose to have a CRA Board designee try to
negotiate a contract with the list of potential firms. When the short list is
exhausted and ail negotiations have failed a new solicitation for proposals
must be initiated
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For any lump-sum or cost-plus-a-fixed-fee professional service contract
over the threshold amount provided in Section 287.017 (5) (a), Florida
Statutes, for Category Four (currently $60,000) the CRA shall require the
firm receiving the award to execute a truth-in-negotiation certificate stating
that wage rates and other factual unit cost supporting the compensation
are accurate, complete, and current at the time of contracting.
Award of Contract - At the successful conclusion of negotiations, a
contract award will be recommended to the CRA Board for approval and if
approving a purchase order issued.
Less Than Three Firms - In the event less than three (3) firms express
interest in a project or less than three (3) firms are deemed qualified by
the CSC Committee, then the CRA Director shall make a determination as
to whether to proceed with the lesser number of firms. If the decision is to
readvertise and after subsequent advertisement, three (3) firms still cannot
be qualified, then the CRA Director shall proceed hereunder with the firm
qualified.
Prohibition Against Contingent Fees Each contract for professional
services shall contain the prohibition against contingent fees required by
and set forth in Section 287.055 (6) (a), Florida Statutes.
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CRA PURCHASING POLICY MANUAL
CONSTRUCTION CONTRACT
PURPOSE:
Due to the complexity of construction projects and the cost involved these
contracts warrant special conditions.
POLICY:
In general, contracts for construction of major CRA projects are obtained through
the Formal (Sealed) Bid process.
Construction projects under $10,000 in cost may be processed by written
quotations. Sealed bids are required for all construction projects over $10,000'in
costs and the following special conditions will apply:
Announcement of Bids. To assure the greatest degree of competition, all
of the following shall be used to announce the bids:
Newspaper Legal Ads. Legal ads are an excellent method of attracting
interested bidders, while also dispelling any criticism of bids only going
to favored contractors. For this reason, they are required to be posted
in a newspaper of general circulation in Palm Beach County.
Legal ads should briefly state the name of the project, location, nature
of work required, contact person name and telephone number, bid
receiving date and time, cost of plans and location where bid
specifications may be obtained. The ads should be placed, a minimum
of eight (8) calendar days prior to the bid receiving date.
Advertisements may also be listed in the Dodge Reports, and other
construction journals.
Mailing to Interested Contractors (Bidders List). The primary contacts
for construction bids are those firms that have previously done work for
the CRA or other governmental entities have expressed a desire to bid.
A list of these firms shall be assembled from the records of the CRA
involved in a construction project.
Additionally, The CRA Director and the CRA Board may contribute
firms that are listed in various reference sources, including but not
limited to: Thomas Register, Municipal Index, Yellow Pages,
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Contractor's Blue Book, Palm Beach County Minority Business
Directory, etc or from personal experience.
Generally, only an "invitation to bid" letter, or a "notice to contractor"
should be mailed to firms on the Contractors Bid list.
C. Pre-Bid Conference. A pre-bid conference may be held for all
construction projects. Attendance at this conference is not
mandatory, but highly recommended for all bidders.
Bid Opening. No bids will be accepted after the receiving date and time
(exception; the CRA reserves the right to consider bids that have been
determined by the CRA to be received late due to mishandling by the CRA
after receipt of the bid and no award has been made).
The CRA Director is in charge of the bid opening and shall fully record the
various bids for the construction project. Anyone requesting to review bids
will be requested to wait until all bids received are finally tabulated and a
staff person is available to monitor the bid package review process.
Bid Review and Award. Bid review is by the CRA approved selection
committee and the CRA staff will make copies of the tabulation sheets and
have all bids available for their review.
In some cases, review of bids may be performed by a contracted
Architectural/Engineering firm.
The contract award should generally be made to the lowest most
responsive/ responsible bidder meeting specifications. If this is not the
case, a thorough explanation should accomPany the formal evaluation.
Bid award shall be made by the CRA Board.
Formal Construction Contract (Agreement). Due to the complex nature
and duration of construction projects, a formal construction contract is
prepared and copies are issued to all parties. These contracts are
prepared by either a hired Architectural/Engineering firm, or the CRA
Attorney's Office.
The formal construction contract is based on the bid document and plans.
The co. ntractor shall provide all required licensing, insurance, and bond
documentation to the CRA along with the signed contracts.
All contracts must be reviewed and approved by the CRA Attorney as to
form and legality before the contract is signed.
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CRA PURCHASING POLICY MANUAL
PURCHASING/PETTY CASH
PURPOSE:
This policy will allow for the procedures to establish and manage a petty cash
fund of $500.00.
POLICY:
The CRA Staff has the authority to request petty cash for the petty cash fund to
meet small incidental purchases for facilitating the transaction of CRA business
such as: small purchases that must be made from vendors that do not offer the
CRA credit, postage for special delivery, toll receipts, parking, etc. Petty cash
requests will not be authorized for individual purchases that exceed $100.00.
The Controller will be responsible for controlling the flow of cash in and out of the
Petty Cash Fund, making sure proper receipts are obtained for each purchase,
assuring that proper forms are obtained for each purchase, assuring the proper
forms are filled out completely and authorizing signatures obtained. The
Controller will also be responsible for reconciling the Fund as needed and
applying for reimbursement.
Procedures for a petty cash fund are as follows:
Petty Cash Payments - When an employee requests reimbursement or
receives an advance from petty cash, the Petty Cash Receipt must be
used. This form provides for identification of: dollar amount of receipt,
reason for purchase, expense code, signature of employee receiving petty
cash and the signature of the Controller. Anytime a disbursement is made
from petty cash it is required that this form be completed in full.
Petty Cash Reimbursement - Petty cash funds should be reconciled on a
weekly basis. Reimbursement request will be submitted by the Controller
on a Form 121 with the description stating "Petty Cash Reimbursement".
The account codes from the Petty Cash Receipts will be summarized on
the Form 121. The Form 121, Petty Cash Receipts, and supporting
invoices will be sent to the CRA Director for approval of the
reimbursement of petty cash. Sales tax should not be paid.
Discrepancies in Petty Cash - Any discrepancies in the petty cash fund
maintained by the Controller should be brought to the immediate attention
of the CRA Director.
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CRA PURCHASING POLICY MANUAL
PURCHASING CREDIT CARD
PURPOSE:
The CRA Purchasing Credit Card Program is designed to improve efficiency in
processing Iow dollar value purchases from any vendor that accepts the Visa /
MasterCard or Amedcan Express credit card.
This program will allow the cardholder to purchase approved commodities and
services directly from our vendors. Each purchasing credit card is issued to a
named individual and the CRA's name is cleady shown on the card as well. The
tax exempt number will be given to each card holder.
The CRA Director will monitor the performance of the program. The purpose
these policies and procedures is to accomplish the following:
To provide an efficient method of purchasing and paying for goods and
services not exceeding $500 per purchase (total invoice).
To assist in the procurement of small dollar purchases.
To replace manual hardcopy requisitions and purchase orders for Iow
dollar value purchases.
To ensure purchasing credit card purchases are in accordance with the
CRA's policies and procedures.
To reduce the time spent to process Iow dollar value transactions.
To ensure that the CRA bears no legal liability from the inappropriate use
of the procurement credit cards.
7. To provide for disciplinary action if the purchasing credit cards are
misused.
The policies and procedures provided herein are minimum standards for use.
1512
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ASSIGNMENT AND CONTROL
OF THE PURCHASING CREDIT CARD
CARDHOLDER USE ONLY:
The purchasing credit card may be used only by the employee whose
name is embossed on the card. The Cardholder is responsible and
accountable for all transactions that occur on his/her card.
CRA PURCHASES ONLY:
The purchasing credit card is to be used for CRA authorized purchases
only. The purchasing credit card cannot be used for any personal use and
any such use will require immediate reimbursement and will result 'in
disciplinary action that may include dismissal and/or Criminal charges.
DOLLAR LIMITATIONS:
The assignment of a purchase credit card will have established limits
for each Cardholder, a single purchase limit and a 30-day limit. The
maximum limit for a single purchase shall be $250 and a total of $500
during any 30-day billing cycle.
A single purchase may be made of multiple items, but the total invoice
cannot exceed $250. CHARGES FOR PURCHASES SHALL NOT BE
SPLIT TO STAY WITHIN THE SINGLE PURCHASE LIMIT.
PURCHASE LIMIT. Exceeding these limits will be considered abuse
of the purchasing credit card program and can result in cancellation of
card, disciplinary action, or both.
PURCHASING CREDIT CARD SECURITY:
A. STORAGE OF THE PURCHASING CREDIT CARD:
Keep your purchasing credit card in an accessible but secure location.
Since you, as the Cardholder, will be the only one using the purchasing
credit card, it needs to be accessible only to you.
1513
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o
B. ACCOUNT NUMBER:
Guard the purchasing credit card account number carefully! Do not
post it at your desk or write it in your day planner.
C. SHARING OF CREDIT CARD:
The only person entitled to use the purchasing credit card is the person
whose name appears on the face of the card. Do not lend your
purchasing credit card to another person for use.
D. LOST OR STOLEN CARDS:
If the purchasing credit card is lost or stolen, you must immediately
notify the CRA Director and the Controller.
E. RESPONSIBLE REPORTING
The Cardholder will be responsible for reporting all information
necessary to minimize the liability to the CRA for a lost or stolen card.
MISSING DOCUMENTATION:
If for some reason the Cardholder does not have documentation of the
transaction to support the transaction on the monthly statement, the
Cardholder must attach a signed certified description of the purchase and
may be held responsible for the charges. Continued incidents of missing
documentation may result in the cancellation of the employee's
purchasing credit card privileges.
PAYMENT AND INVOICE PROCEDURES:
The purchasing credit card companies will mail all individual and
consolidated billing statements to the CRA. The individual and
consolidated billing statement will list all transactions processed during the
billing cycle. The Controller must review the individual and consolidated
statement. Charge slips/receipts for all items listed on the statement shall
be attached to the monthly statement.
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ATTACHMENT II
CRA PURCHASING CARD PROGRAM
EMPLOYEE AGREEMENT
I, (name of
employee), - - (employee social security
number), hereby request a Purchasing Credit Card. As a Cardholder, I agree to
comply with the following terms and conditions regarding my use of the Card.
I understand that I am being entrusted with a valuable purchasing tool and will be
making financial commitments on behalf of the CRA and will strive to obtain the
best value for the CRA by using "preferred suppliers".
I understand that the CRA is liable to credit card companies for all charges made
on the Card.
I agree to use this Card for approved purchases only and agree not to charge
personal purchases. I understand that the Card may not be utilized for cash
advances. I will not permit another individual to utilize the Card issued to me. I
understand that the CRA will review the use of this Card and take appropriate
action on any discrepancies. I acknowledge that the Card may only be used for
purchases that total less than Two Hundred Fifty ($250.00) Dollars per
transaction. It is my responsibility to ensure that the supplier has the CRA's tax-
exempt number.
I agree to return the Card immediately upon request or upon termination of
employment (including retirement). I understand that the CRA or Purchase Credit
Card companies may suspend or cancel the Card at any time for any reason
whatsoever and I shall return the Card immediately upon notification or
cancellation.
I understand, as a Cardholder, it will be my responsibility to assist in the
reconciliation of my monthly statement. This includes: providing supporting
charge slips/receipts listing the reason for purchase or job it pertains to for all
transactions appearing on the statement.
I agree with all of the terms and conditions of the Purchasing Manual on the
assignment and control of the Purchase Credit Card.
1515
CRA Purchasing Card Program
Employee Agreement
Page 2 of 2
If the Card is lost or stolen, I agree to immediately notify the CRA Director
and the Controller (1-561-737-3256) of the loss, verbally and in writing.
Employee Signature and Date
Witness Signature and Date
Print Name- Employee
Print Name - Witness
Controller Date
FOR OFFICIAL USE ONLY
Issuance Date
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31
V. Public Audience.
Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter
considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based. 1517
The CRA 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 CRA. Please contact Douglas Hutchin.qon at 561-737-3256 at least twenty-four hours prior to the program or
activity in order for the CRA to reasonably accommodate your request.
VI. Public Hearing
Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter
considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based. 1518
The CRA shall furnish appropriate atmiliary aids and services where necessary to afford an individual with a
disability an equal opporttmity to participate in and enjoy the benefits of a service, program, or activity conducted by
the CRA. Please contact Douglas Hutchin.qon at 561-737-3256 at least twenty-four hours prior to the program or
activity in order for the CRA to reasonably accommodate your request.
MEMO
TO: CPA Board
FROM: Susan Vielhauer
SUBJECT: RFP Outside Audit
DATE: May 5, 2003
As per the directions of the CRA Board, I have prepared a Request for Proposal for the
Outside Audit for the City of Boynton Beach CRA.
This RFP has been reviewed by the Chairman and Legal Counsel and all legal and
grammatical corrections have been made to the document.
Staff is submitting this RFP for approval for the entire CRA Board along with a public
notice for the press.
Staff is asking for a committee to review the RFP's on June 23, 2003 at the CRA office
so recommendations may be brought back to the CRA Board for consent to go forward
with contract negotions. The contract should be in place by August so preparation work
can begin for our audit.
1730
Public Notice
Request for Proposals
ISSUING ENTITY: CITY OF BOYNTON BEACH COMMUNITY REDEVELOPMENT
AGENCY (CRA) - May '18th, 2003
PROPOSAL SUBMISSION DATE: June 23, 2003 by 2:30 (Eastern Day Light
Savings Time)
GENERAL PROJECT DESCRIPTION
The City of Boynton Beach Community Redevelopment Agency (CRA) is
soliciting the services of an independent Certified Public Accounting Firm (CPA)
to provide external independent auditing services to the CRA for a period of three
(3) years beginning with an audit of the financial statements of the CRA for the
fiscal year ending September 30, 2003. The contract provided by the RFP will
include one option to be exercised by the CRA Board to extend the contract for
an additional period consisting of two (2) years. These audits are to be performed
in accordance with the Generally Accepted Auditing Standards and the standards
for financial audits set forth in the U.S. General Accounting Office's (GAO)
Government Auditing Standards, the provisions of the Federal Single Audit Act of
1984, and U.S. Office of Management and Budget (OMB) Circular A-128, Audits
of State and Local Governments, rules of the Auditor General for the State of
Florida, and other rules as applicable.
RFP AND QUALIFICATION SUBMITTAL
This RFP is the only step in the procurement process for the selection of the
Certified Public Accounting Firm (CPA). There will be no pre-submittal meeting
for the RFP. The PROPOSAL must be submitted no later than 2:30 PM Eastern
Day Light Savings Time on Monday June 23, 2003 to:
CITY OF Boynton BEACH COMMUNITY REDEVELOPMENT AGENCY
Attn: Susan Vielhauer
639 E. Ocean Avenue Suite 107
Boynton Beach, FI 33435
For further information and RFP Documents contact: Susan Vielhauer at the
above address or 561-737-2356 between 8:00 AM and 5:00 PM.
1731
City of Boynton Beach
Community Redevelopment Agency (CRA)
THREE (3) YEAR CONTRACT FOR FINANCIAL AUDITING SERVICES
CRA RFP No. Audit 2003-1
REQUEST FOR PROPOSAL
ISSUING ENTITY: CRA OF BOYNTON BEACH
CONTACT PERSON: SUSAN VIELHAUER
TELEPHONE NO. (561) 737-3256
FAX NO. (561) 737-3258
April 10, 2003
ADDRESS FOR SUBMITTAL:
City of Boynton Beach CRA
639 E. Ocean Ave. Suite 107
Boynton Beach, Florida 33435
RFP SUBMISSION DATE:
June 23, 2003 at 2:30PM
(Eastern Day Light Savings Time)
All proposals received will receive a date stamp to provide conclusive proof of the timeliness of
filing. All proposals received after the assigned date and time will not be considered. The
proposals received on time will be opened publicly and read aloud. The CRA will in no way be
responsible for delays caused by the United States Mail or any other delivery service caused by
any other occurrence.
1732
SPECIFICATIONS
FOR
THREE (3) YEAR CONTRACT FOR FINANCIAL AUDITING SERVICES
PART I - INTRODUCTION
1-1 WORK OBJECTIVE
The City of Boynton Beach Community Redevelopment Agency (CRA) is
soliciting the services of an independent Certified Public Accounting Firm (CPA)
to provide external independent auditing services to the CRA for a period of
three (3) years beginning with an audit of the financial statements of the CRA for
the fiscal year ending September 30, 2003. The contract provided by the RFP
will include one option to be exercised by the CRA Board to extend the contract
for an additional period consisting of two (2) years. These audits are to be
performed in accordance with the Generally Accepted Auditing Standards and
the standards for financial audits set forth in the U.S. General Accounting
Office's (GAO) Government Auditing Standards, the provisions of the Federal
Single Audit Act of 1984, and U.S. Office of Management and Budget (OMB)
Circular A-128, Audits of State and Local Governments, rules of the Auditor
General for the State of Florida, and other rules as applicable. ,
TERM OFENGAGEMENT
The term of the agreement shall be for the initial period of three (3) years to
cover the fiscal years ending September 30, 2003, September 30, 2004, and
September 30, 2005, with an option to extend for the fiscal years ending
September 30, 2006 and September 30, 2007.
PARTII-SCOPE OFSERVlCES
2-1 SCOPE OF WORK TO BE PERFORMED
The CRA desires the Auditor to express an opinion on the fair presentation of the
General Financial Statements in conforming to Generally Accepted Accounting
Principles.
The Auditor shall also be responsible for performing certain limited procedures
involving supplementary information required by the Governmental Accounting
Standards Board as mandated by Generally Accepted Auditing Standards.
1733
2-2 AUDITING STANDARDS TO BE FOLLOWED
To meet the requirements of this Request for Proposal, the audit shall be
performed in accordance with:
· Generally Accepted Auditing Standards as issued by the American Institute of
Certified Public Accountants (AICPA);
· Government Auditing Standards, as issued by the U.S. General Accounting
Office (1994);
· Circular No. A-128, Audits of State and Local Governments, Office of
Management and Budget and the provisions of the Single Audit Act of 1984.
· Rules of the Auditor General for the State of Florida relating to Section
11.45(3)(a)4 of the Florida Statutes; and
· Other rules as applicable.
2-3 REPORTS TO BE ISSUED
Following the completion of the audit of the fiscal year's financial statements, the
Auditor shall issue:
· A report on the fair presentation of the financial statements in conformity with
Generally Accepted Accounting Principles.
· A report on the internal control structure based on the Auditor's understanding of
the control structure and assessment of control risk.
· A report on compliance with applicable laws and regulations.
· A management letter required by Section 11.45(3) (a) 4, Florida Statutes.
· A report for the first year of the audit containing suggestions on the CPA's
Accounting Procedures, Processes and or Standards.
In the required report(s) on internal controls, the Auditor shall communicate any
reportable conditions found during the audit. A reportable condition shall be
defined as a significant deficiency in the design or operation of the internal
control structure, which could adversely affect the organization's ability to record,
process, summarize and report financial data consistent with the assertions of
management in the financial statements.
Reportable conditions that are also material weaknesses shall be identified as
such in the report.
Non-reportable conditions discovered by the Auditors shall be reported in a
separate letter to the CPA Director with a separate copy to the CPA Board,
which shall be referred to in the repo~n internal controls.
2-4
2-5
2-6
Non-reportable conditions discovered by the Auditors shall be reported in a
separate letter to the CRA Director with a separate copy to the CRA Board,
which shall be referred to in the report(s) on internal controls.
The report on compliance shall include all material instances of noncompliance.
All nonmaterial instances of noncompliance shall be reported in a separate
management letter, which shall be referred to in the report on compliance.
Auditors shall be required to make a written report of all irregularities and illegal
acts or indications of illegal acts of which they become aware to the CRA
Director and CRA Board.
Use of the audited financial statements, opinions or any of the above named
reports will not result in additional compensation unless their use requires
additional certification or services not named in the RFP on the part of the firm
hired.
SPECIAL CONSIDERATIONS
During the contract period the CRA may prepare one or more official statements
in connection with the sale of debt securities which will contain the General
Financial Statements and the Auditor's report thereon. The Auditor shall be
required, if requested by the CRA financial advisor and/or the underwriter, to
issue a "consent and citation of expertise" as the Auditor and any necessary
"comfort letters".
WORKING PAPER RETENTION AND ACCESS TO WORKING PAPERS
All working papers and reports must be retained at the Auditor's expense for a
pedod of three (3) years after completion of any work provided herein, unless the
firm is notified in writing by the CRA as to the need to extend the retention
period. The CRA and their representatives shall be entitled at any time during the
contract period to inspect and reproduce such documents as deemed necessary.
In addition, the CPA Firm shall respond to the reasonable inquiries of successor
Auditors and allow successor Auditors to review working papers relating to
matters of continuing accounting significance. As requests for copies of working
papers are fulfilled, the Auditors will be required to notify the Controller of the
request, as appropriate.
ADDITIONAL SERVICES
If, during the contractual period, additional auditing or accounting services are
needed, the CPA Firm may be engaged to perform these services. The CPA
Firm shall, upon receipt of a written request from the CRA, perform such
1735
4
additional services. Such services, if offered by the CPA Firm, may include, but
not be limited to:
· Management advisory services
· Extended audit services or special audits
· Assistance in the preparation of any official
Counsel
statements required by Bond
All additional work will be documented by engagement memoranda to be
approved by the CRA Director in accordance with the procurement policies of the
CRA. The CPA Firm wilt be compensated in accordance with fees established
as a result of this RFP. The total amount for additional services shall be
separately negotiated at the time of the engagement for a not-to-exceed amount
calculated in accordance with the rates of the awarded contract.
PART III - DESCRIPTION OF THE COMMUNITY REDEVELOPMENT AGENCY
3-1
3-2
3-3
NAME AND TELEPHONE NUMBER OF CONTACT PERSONS
The Auditor's principal contact with the CRA will be Susan Vielhauer, Controller
(561) 737-3256.
BACKGROUND INFORMATION
The CRA serves an area of approximately 6 square miles. The CRA was created
under Florida Statue 163.356 in 1982 and has operated as a unit of a local
government within the boundaries of the CRA in Boynton Beach. On October 1,
2002 the CRA was given independent status by the City and is controlled by a
CRA Board. The CRA consists of the following: Executive Director, Controller
and Secretary.
BUDGETARY BASIS OF ACCOUNTING
The budget of the CRA is prepared on the modified accrual basis. As a result,
the ,General Fund revenue, expenditures and operating transfers reported in the
budget and actual statement differ from the amounts reported on the GAAP
basis.
1736
3-4 FUND STRUCTURE
3-5
3-6
3-7
The CRA has one general fund type.
Number of Number With
Individual Legally Adopted
Fund Type/Account Group Funds Annual Budgets
General Fund 1 1
The CRA has a budget for Fiscal Year ending September 30, 2003 of $6.1
million for general operations, programs and projects. Tax millage rates are
.7600 mills for the General Fund from the City of Boynton Beach and .450mills
from Palm Beach County.
The CRA has a finance staff of one who is committed to the audit and the timely
completion of the Comprehensive Annual Financial Report (CAFR).
More detailed information on the CRA and its finances can be found in budget
documents, official statements, annual financial reports, and administrative
policies and procedures manuals.
COMPUTER SYSTEM
The CRA operating system is Windows XP with network connection to the City of
Boynton Beach. The CRA uses Carillon Financial as the Accounting Software
package.
EMPLOYEE RETIREMENT PLANS
The CRA is currently in the process of developing an employee retirement plan
for its employees.
AVAILABILITY OF PRIOR AUDIT REPORTS AND WORKING PAPERS
Interested CPA Firms who wish to review prior years' Comprehensive Annual
Financial Reports (CAFR) and management letters preformed on the CRA as a
component unit of the City of Boynton Beach should contact Susan Vielhauer
Controller (561) 737-3256.
1737
PART IV - PROPOSAL REQUIREMENTS
4-1 SUBMISSION OF PROPOSALS
To be considered for this proposal the following must be submitted from a
proposing CPA Firm:
An original (so marked) and five copies of the CPA's proposal are to be included.
Title Page- Title page showing the RFP's subject, the firm's name, addresses
and telephone number, the contact's name and phone number, and the date of
the proposal.
Table of Contents-The table of contents of the proposal should include a clear
and complete identification of the materials submitted by section and-page
number.
Transmittal Letter- A signed letter of transmittal briefly stating the CPA Firm's
understanding of the work to be done, the commitment to perform the work
within the time period outlined in the contract, a statement why the firm believes
itself to be best qualified to perform the engagement and a statement that the
proposal is a firm and irrevocable offer for ninety (90) days.
Detailed Proposal-The detailed proposal should follow the order set forth in
Section 4-2 of this RFP.
Proposals must be submitted in a sealed envelope clearly marked with the name
of the audit firm and "Request for Proposal No. Audit 2003-1 Financial Auditing
Services".
4-2 TECHNICAL PROPOSAL
General Requirements- The purpose of the Technical Proposal is to
demonstrate the qualifications, competence and capacity of the CPA firms
seeking to undertake the independent audit of the CRA in conforming to the
requirements of this RFP. The Technical Proposal should demonstrate the
qualifications of the CPA firm and of the staff to be assigned to this engagement.
It should also specify an audit approach that will meet the RFP requirements.
The Technical Proposal should address all of the points outlined in the RFP.
The Proposal should provide a straightforward concise description of the CPA
Firm's capabilities to satisfy the requirements of the RFP. While additional data
may be presented, the following subjects listed below must be included and they
represent the criteria against which each proposal will be evaluated.
1738
Independence- The firm should provide an affirmative statement that it is
independent of the CRA as defined by Generally Accepted Auditing Standards
and the U.S. General Accounting Office's Government Auditing Standards.
The CPA firm should also describe any professional relationships with any CRA
Staff member or any CRA Board Member for the past five (5) years, together
with a statement explaining why such relationships do not constitute a conflict of
interest relative to performing the proposed audit.
In addition, the firm shall give the CRA written notice of any such professional
relationships entered into during the period of this agreement,
License to Practice in Florida- An affirmative statement should be included
that the CPA firm and all assigned key professional staff are propedy licensed to
practice in Florida.
CPA Firm Qualifications and Experience- The CPA Firm should state the
size of the firm, the size of the firm's governmental audit staff, the location of the
office from which the work on this engagement is to be performed and the
number and nature of the professional staff to be employed in this engagement
on a full-time or part-time basis.
The firm shall also provide information on the results of any federal or state desk
review or field review of its audits during the past three (3)'years. In addition, the
CPA firm shall provide information on the circumstances and status of any
disciplinary action taken or pending against the CPA Firm or its staff during the
past three (3) years with state regulatory bodies or professional organizations.
The firm shall also describe any litigation or proceeding whereby, during the past
two years, a court or any administrative agency has ruled against the firm or any
staff member in any manner related to its professional activities. Similar
information shall be provided for any current pending litigation.
Partner, Supervisory and Staff Qualifications and Experience- Identify the
principal supervisors and staff, engagement partners and managers who would
be assigned to this engagement. Indicate whether each person is registered or
licensed to practice as a Certified Public Accountant in Florida. Provide
information on the government auditing experience of each person, including
information on relevant continuing professional education for the past three (3)
years and membership in professional organizations relevant to the performance
of this audit. Indicate how the quality of staff over the term of the agreement will
be assured.
1739
Similar Engagements with Other Government Entitles- For the CPA firm's
office that will be assigned responsibility for this audit, list the most significant
engagements (maximum - 5) performed in the last five years that are similar to
the engagement described in this RFP.
Indicate the scope of work, date, engagement partners, and the name and
telephone number of the principal client contact.
Specific Audit Approach- The proposal should set forth a work plan, including
an explanation of the audit methodology to be followed. In developing the work
plan, references should be made to such sources of information as the CRA
budget, financials and other management information.
CPA Firm will be required to provide the following information on their audit
approach:
Proposed segmentation of the engagement..
Level of staff to be assigned to each proposed segment of the engagement.
Sample size and the extent to which statistical sampling is to be used in the
engagement.
Extent of use of EDP software in the engagement.
Type and extent of analytical procedures to be used in the engagement.
Approach to be taken to gain and document an understanding of the CRA
internal control structure.
Approach to be taken in determining laws and regulations that will be subject to
audit test work.
Approach to be taken in drawing audit samples for purposes of tests of
compliance.
Price Proposal - Submit your signed, firm, fixed fee performance-based price
proposal for providing all services, materials, etc., required for completion of
services in accordance with your technical proposal.
Proposal Copies - Submission of an original (cleady marked) and five
photocopies of the proposal should be submitted to the CRA 639 E. Ocean Ave.
Suite 107 Boynton Beach, Florida 33435.
1740
PART V - EVALUATION OF PROPOSALS
5-1 EVALUATION METHOD AND CRITERIA
Proposals will be evaluated in accordance with weighted criteria listed below:
Description
CPA Firms Expertise-Experience
Audit Approach
Price
Total
Point Range
0 - 30
0 - 40
0 - 30
100
5-2 PROCUREMENT SCHEDULE
After submission of the CRA Firms RFP's the evaluation committee shall review
each RFP and rank them based on the Evaluation Method and Criteria .noted
within the RFP. Some proposals may be selected for an oral presentation in front
of the Evaluation Committee prior to a recommendation being presented to the
CRA Board. The Evaluation Committee shall rank three proposals to be
presented to the CRA Board for final ranking. If three proposals are not accepted
then less than three may be considered.
5-2 FINIAL SELECTION
Based on the Evaluation Committee's evaluation and possible oral presentation
if desired by the CRA Board, the CRA Board will rank the CPA Firms and
authorize negotiations with the CPA Firm ranked the highest. The CRA Board will
select the firm that meets the best interests of the CRA. The CRA Board shall
be the sole judge of its own best interests, the proposals, and the resulting
negotiated agreement. The CRA Board decisions will be final.
The CPA firm will be selected in a timely manner. Following notification of the
firm selected, the CRA will expect a contract to be executed between both
parties within thirty (30) days.
PART VI -GENERAL CONDITIONS FOR CPA FIRMS
6-1 FAMILIARITY WITH LAWS
The CPA Firm is assumed to be familiar with all Federal, State and Local laws,
ordinances, rules and regulations that in any manner affect the audit. A CPA
Firm will in no way be relieved from responsibility due to ignorance of all Federal,
State and Local laws, ordinances, rules and regulations.
1741
10
6-2 PROPOSAL FORMS
6-3
6-4
6-5
6-6
The CPA Firm will submit a proposal with all proposal prices, amounts and
descriptive information in a legible format. The CPA Firm must state the price
and the time of delivery for the services requested. The CPA Firm is required to
be licensed to do business as an individual, partnership or corporation in the
State of Florida. All proposals must be executed and submitted in the envelope.
The face of the envelope shall contain the company's name and address, RFP
title, number, and the date and time of the deadline for submittal of proposals. All
proposals are subject to the conditions specified herein and those proposals
which do not comply with these conditions are subject to rejection.
EXECUTION OF PROPOSAL
Proposals must contain a manual signature of an authorized representative of
the proposed.
RFP OPENING
Proposals shall be opened in public on the date as specified in the RFP. It is the
CPA Firm's responsibility to assure that the proposal is delivered at the proper
time and place. The CRA will in no way be responsible for delays caused by the
United States Mail or any other delivery service or by any other occurrence.
Proposals which for any reason are not so delivered will not be considered.
Proposals by telegram or telephone will not be accepted.
RIGHT TO REJECT PROPOSAL
The CRA reserves the right to reject any or all proposals and to waive technical
errors, or to accept any proposals that are in part deemed as the best
responsible CPA Firm which represents the most advantageous proposal to the
CRA. In determining the "most advantageous proposal" price and other
quantifiable factors will be considered.
EVALUATION FACTORS
The CRA expressly reserves the right to:
Waive any defect, irregularity or informality in any proposal or RFP procedure;
Reject or cancel any or all proposals;
Reissue the RFP Invitation;
Extend the RFP opening time and date;
! 742
· Procure any item by other means;
6-7
6-8
6-9
6-9
6-10
Increase or decrease the quantity specified in the RFP Invitation unless the CPA
Firm specifies otherwise;
Consider and accept an alternate proposal as provided herein when most
advantageous to the CRA.
RESPONSIBILITY
The CRA Board may select the most responsible CPA Firm that is determined to
be the most advantageous to the CRA.
STANDARDS
Factors to be considered in determining whether a CPA Firm is responsible:
Availability of appropriate financial, material, equipment, personnel resources
and expertise, or the ability to obtain them are necessary to indicate the CPA
Firms capability to meet all contractual requirements;
A satisfactory record of performance;
A satisfactory record of integrity;
Qualified legally to Contract within the State of Florida and with the CRA;
Supplied all necessary information in connection with the inquiry concerning
responsibility.
INFORMATION AND DESCRIPTIVE LITERATURE
CPA Firms must furnish all information requested in the RFP. Further, as may be
specified elsewhere, each CPA Firm must submit for evaluation descriptive
literature and technical specifications covering the services offered.
INTERPRETATIONS
Any questions concerning conditions and / or specifications should be directed in
writing to the CRA Office no later than five (5) days prior to the RFP opening.
CONFLICTS OF INTEREST
The award hereunder is subject to all conflict of interest with the CRA.
1743
12
6-11 ADDITIONAL QUANTITIES
6-12
6-13
The right is reserved to acquire additional quantities of the services at the prices
proposed in this invitation. If additional quantities are not acceptable, the
proposal sheets must be noted "PROPOSAL IS FOR SPECIFIED QUANTITY
ONLY".
SUBCONTRACTING
If a CPA Firm subcontracts any portion of this Contract, they must state the
name and address of the subcontractor and the name of the person to be
contacted on an attached "Schedule of Subcontractors". The CRA reserves the
right to accept or reject any or all proposals wherein a subcontractor is named for
any reason.
ADDENDA(S)
From time to time,'the CRA may issue an addendum to change the intent or to
clarify the meaning of the Contract documents. Since all addenda(s) are
available to the CPA Firm at the CRA Office, it is each cpA's responsibility to
check with the CRA office and immediately secure all addenda(s) before
submitting proposals.
6-14
6-15
6-16
6-17
ESCALATOR CLAUSE
Any proposal which is submitted subject to an escalator clause will be rejected.
EXCEPTIONS
Incorporation in a proposal of exceptions to any portion(s), of the Contract
documents may invalidate the proposal. Exceptions to any portion of this RFP
shall be concisely noted in the CPA Firm's RFP on a separate sheet marked
"EXCEPTIONS TO RFP" and this sheet shall be attached to the proposal.
DISPUTES
In case of any doubt or difference of opinion as to the items to be furnished
hereunder, the decision of the CRA Board shall be final and binding on both
parties.
GOVERNMENTAL RESTRICTIONS
In the event any governmental restrictions may be imposed which would
necessitate alteration of performance of the service offered on this proposal, it
shall be the responsibility of the successful CPA Firm to notify the CRA at once,
1744
6-18
6-'19
6-20
6-21
indicating in a letter the specific regulation which required an alteration. The CRA
reserves the right to accept anysuch alterations, including any price adjustments
occasioned thereby, or to cancel the contract at no expense to the CRA.
LEGAL REQUIREMENTS
Federal, State, County, and local laws, ordinances, rules, and regulations that in
any manner affect the items covered herein apply. Lack of knowledge by the
CPA Firm will in no way be a cause for relief from responsibility.
ON PUBLIC ENTITY CRIMES
All Request for Proposal Invitations as defined by Section 287.012(11), Florida
Statutes, requests for proposals as defined by Section 287.012(16), Florida
Statutes, and any contract document described by Section 287.058, Flodda
Statutes, shall contain a statement informing persons of the provisions of
paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as folloWs:
"A person or affiliate who has been placed on the convicted
vendor list following a conviction for public entity crime may not
submit a proposal on a contract or provide any goods or services
to a public entity, may not submit a proposal on a contract with a
public entity for the construction or repair of a public building or
public work, may not submit proposals on leases of real property
to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a
contract with any public entity, and may not transact business
with any public entity in excess of the threshold amount provided
in Section 287.017, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor
list".
ADVERTISING
In submitting a proposal, the CPA Firm agrees not to use the results therefrom
as a part of any commercial advertising. Violation of this stipulation may be
subject to action covered under "NONCONFORMANCE TO CONTRACT
CONDITIONS".
ASSIGNMENT
Any Purchase Order issued pursuant to this RFP invitation and the monies which
may be come due hereunder are not assignable except with the prior written
approval of the CRA.
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14
6-22 LIABILITY
The CPA Firm will hold and save the CRA, its Board, its agents, its volunteers
and its employees harmless from liability of any kind in the performance of this
Contract.
6-23 AWARD OF CONTRACT
The Iow monetary proposal will NOT in all cases be awarded the Contract.
Contracts will be awarded by the CRA to the best responsible CPA Firm whose
proposal represents the most advantageous proposal to the CRA, price and
other factors considered. Evaluation of proposals will be made based upon the
evaluation factors and standards heretofore set forth. The CRA reserves the
right to reject any and all proposals and to waive technical errors as heretofore
set forth. In the event of a Court challenge to an award to any CPA Firm,
damages, if any, resulting from an improper award shall be limited to. actual
proposal preparation costs incurred by the challenging CPA Firm. In no case will
the award be made until all necessary investigations have been made into the
responsibility of the CPA Firm and the CRA is satisfied that the best responsible
CPA Firm is qualified to do the work and has the necessary organization, capital
and equipment to carry out the required work within the time specified.
6-24 RENEWAL
The Controller at the direction of the CRA Board may renew the contract, at the
same terms, conditions, and prices, for one additional two (2) year period subject
to vendor acceptance, satisfactory performance and determination that renewal
will be in the best interest of the CRA.
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15
ATTACHMENT I
SAMPLE AGREEMENT
THIS AGREEMENT, entered into this day of, 2003,
between the CRA of The City of Boynton Beach, hereinafter "CRA", and
, a ' , authorized to do business
in the State of Florida, hereinafter referred to as the "CPA".
1. SCOPE OF EXAMINATION:
The CPA will audit the CRA General Financial Statements in accordance with
Generally Accepted Auditing Standards, Section 11.45, Florida Statutes, and
Chapter 10.550 of the rule of the CPA Firm General.
The scope of the audit shall include the CRA and all audits now required by
State and Federal authorities, including those under the Single Audit Act of 1984
(compliance audits).
The financial and compliance audits shall be in accordance with all State and
Federal laws and regulations relating to audit standards, requirements and
guidelines.
TERM:
The term of the agreement shall be for the period of three (3) years to cover the
fiscal years September 30, 2003, September 30, 2004, and September 30,
2005. This contract can be extended for the optional periods for the fiscal years
ending September 30, 2006 and September 30, 2007.
TIMING OF THE WORK:
CPA shall use reasonable efforts, subject to laws, regulations and professional
standards applicable to complete the services required in accordance with dates
to assure completion for the Comprehensive Annual Financial Report (CAFR) for
meritorious review, but no later than the time allocated by Section 11.45 Florida
Statutes and Chapter 10.550 of the rules of the CPA Firm General.
CRA understands that the proper and timely completion of CPA's services
hereunder require the reasonable cooperation of CRA and their agents. CRA
agrees to provide all such reasonable cooperation requested by the CPA and
agrees to be responsible for the performance of the employees and agents of
the CRA. Failure to provide the assistance agreed to by the CPA and CRA at the
commencement of or during audit field work shall be cause for extension of
deadlines and/or additional compensation to the CPA Firm at the average hourly
rate stipulated in the contract.
1747
SA 1
CPA may make reasonable use of CRA data processing facilities to perform
testing and sampling techniques in connection with the audit, with the realization
that data personnel must be given consideration to effectively perform day-to-day
requirements.
The Audit shall commence on October 1 each year of the term of the agreement
and be completed on December 31 each year.
COMPENSATION:
Compensation for the audits, as defined in Section 1, shall be $
CPA will invoice the CRA for work performed upon completion of the Audit under
this agreement for the duration of the Contract. It is expressly understood that
any incidental or out-of-pocket costs incurred by CPA Firm are covered, by the
total compensation and are not to be billed separately.
Invoices received from the CPA FIRM pursuant to this agreement will be
reviewed and approved by the Controller, indicating that services have been
rendered in conformity with the agreement.
CHANGES IN SERVICES:
The CRA and the CPA FIRM recognize that the scope of services and
compensation under this agreement are predicated upon current audit
requirements imposed by laws, regulations and professional standards relating
to such services. The CRA and the CPA FIRM further recognize that the scope
of services and compensation under this agreement are predicated upon
expectations of reasonable cooperation with the CPA FIRM by CRA pursuant to
this agreement, and the absence of any irregularities or extraordinary
circumstances which might necessitate the extension of audit services beyond
the normal scope of auditing services.
Should irregularities increase in the level of services required under applicable
law, regulations or professional standards, or other unforeseen conditions be
encountered which might necessitate the extension of auditing work beyond the
scope of normal auditing procedures, the CPA FIRM agrees to advise the CRA
promptly in writing of the circumstances and to request an equitable adjustment
in the maximum fee before significant additional time is incurred by the CPA
FIRM. Any such requests for adjustments shall be in writing and shall contain a
detailed explanation of why the adjustments are necessary.
The CRA and the CPA FIRM agree to negotiate in good faith to determine an
equitable adjustment in the maximum fee. Should the CRA and the CPA FIRM
be unable to agree upon an equitable adjustment within 14 days of the CPA
1748
SA 2
=
B
=
FIRM'S written request, or such other time period as agreed upon in writing by
the CRA and the CPA FIRM, either party may, notwithstanding any other
provision in the agreement, terminate this agreement upon seven (7) days notice
to the other party. The CRA shall be liable for time charges actually incurred by
the CPA FIRM except for any such additional time which has been included as a
result of the circumstances necessitating adjustment.
The CPA FIRM'S rate to be used to determine a price adjustment increase will
be based on the agreed average hourly rate of $ for accounting and
auditing work.
ADDITIONAL SERVICES:
In the event that the CRA and the CPA FIRM mutually agree that the CPA FIRM
will provide additional services, the terms and total fee will be negotiated
separately for each proposed project.
CONSULTATION WITH CPA FIRM GENERAL AND COGNIZANT AGENCY:
The CRA expressly permits the CPA FIRM to consult with the CPA FIRM
General of the State of Florida and the federally designated "Cognizant Agency"
on any matter pertaining to the Audit which, in the judgment of the CPA FIRM,
would be important to the conduct of its audit or its report on the results hereof.
TRUTH-IN-NEGOTIATION CERTIFICATE:
Signature of this agreement by the CPA FIRM shall act as the execution of truth-
in-negotiation certificate certifying that the estimated time charges and expense
used to determine the compensation provided for in this agreement are accurate,
complete and current as of the date of this agreement.
FIELD WORK:
For the first year of the engagement, planning of the audit field work should
commence immediately after the execution of this professional services
agreement. The CPA FIRM shall use reasonable efforts, subject to laws,
regulations and professional standards applicable to the services hereunder to
complete the field work at such time necessary to meet the timing requirements.
1749
SA 3
10. PREPARATION OF FINANCIAL STATEMENTS:
11.
12.
13.
The statements to be audited will be prepared by Controller in accordance with
Generally Accepted Accounting Principles. The CPA FIRM will submit any
proposed adjusting journal entries to the Controller for approval in a timely
manner.
The CRA understands and agrees that the underlying books and records of
account must be properly closed as required by Florida Statutes to maintain the
independence of the CPA FIRM and allow the CPA FIRM reasonable time to
meet the completion dates of the audit.
SUPPORT PERSONNEL:
Throughout the audit engagement the Controller will be made available by the
CRA to provide assistance for tasks, such as identifying locations of required
records and documentation and gathering needed records and supporting
information, with the realization that support personnel must be given
consideration to effectively perform day-to-day requirements.
OPTION TO RENEW:
The CRA Board shall have the option to renew this agreement for one additional
two-year period to cover the fiscal years ending September 30, 2006 and
September 30, 2007. This agreement shall be extended for the optional period
unless the CPA FIRM or CRA is informed to the contrary in writing 90 days prior
to the end point of any contract year.
CANCELLATION OF AGREEMENT:
Either the CRA or the CPA FIRM may cancel this agreement for fiscal years
subsequent to the first year of this agreement by written notice to the other party
given not later than seven (7) calendar months (February 28) prior to the end of
the fiscal year next subject to audit. The parties agree that such cancellation on
its part shall be only for cause and after appropriate discussion with the other
party.
Notwithstanding the foregoing paragraph of this section, the CPA FIRM may
resign or the CRA may terminate the CPA FIRM as the CRA'S CPA Firm and
terminate this agreement at any time as required in accordance with the laws,
regulations and professional standards applicable to the type of services
provided under this agreement.
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SA 4
14. EXCUSABLE DELAYS:
The CPA FIRM shall not be considered in default by reason of any failure in
performance if such failure arises out of causes reasonably beyond the CPA
FIRM'S control and without its fault or negligence. Such causes may include, but
are not limited to: acts of God; the CPA'S omissive and cornmissive failure;
natural or public health emergencies.
15. CONTINGENT FEES:
The CPA FIRM warrants that it has not employed or retained any company or
person to solicit or secure this agreement and that it has not paid or agreed to
pay any person, company, corporation, individual or firm, other that a bona fide
employee working solely for the CPA FIRM, any fee, commission, percentage,
gift, or any other consideration contingent upon or resulting from the award or
making the agreement.
16. NON-DISCRIMINATION:
The CPA FIRM warrants and represents that all of its employees are treated
equally during employment without regard to race, color, religion, sex, age, or
national origin.
17. INDEPENDENT CONSULTANT RELATIONSHIP:
The CPA FIRM is, and shall be, in the performance of all work services and
activities under this agreement, an Independent Contractor, and not an
employee, agent, or servant of the CPA. All persons engaged in any of the work
or services performed pursuant to this agreement shall, at all times and in all
places, be subject to the CPA FIRM'S sole direction, supervision and control.
The CPA FIRM shall exercise control over the means and manner in which it and
its employees perform the work, and in all respects, the CPA FIRM'S relationship
and the relationship of its employees to the CPA shall be that of an Independent
Contractor and not as employees or agents of the CPA.
The CPA FIRM does not have the power or authority to bind the CPA in any
promise, agreement or representation other than specifically provided for in this
agreement.
18. SEPARABILITY:
If any term or provision of this agreement, or the application thereof to any
person or circumstance shall, to an~/Te~tent, be held invalid or unenforceable, the
SA 5
Any disputes arising out of this agreement shall be filed in the 15th Judicial Circuit
Court in and for Palm Beach County, Florida or the Southern District Count of
Florida if filed in U.S. Federal Court.
WHEREFORE, the parties have signed this agreement on the date first above written.
CPA FIRM:
FIRM
CRA OF BOYNTON BEACH, FLORIDA
BY ITS CRA BOARD
By:
By:
Chairman
Witness:
Name
Witness:
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SA 7
ATTACHMENT 2
CPA FIRMS ACKNOWLEDGEMENT
Submit Proposals To:
Susan Vielhauer, Controller
City of Boynton Beach, Community Redevelopment Agency
639 E. Ocean Ave. Suite 107
Boynton Beach, FI 33435
Mailing Date (CRA):
RFP Title:
"THREE (3) YEAR CONTRACT FOR FINANCIAL AUDITING
SERVICES"
RFP Number:
RFP Received By:
SAVINGS TIME)
NO LATER THAN 2:30 P.M. (EASTERN DAY LIGHT
RFP Date and Time Received:
RFP's will be opened in the CRA Office unless specified otherwise. Deadline for
receiving this RFP is scheduled for: June 23, 2003, no later than 2:30 P.M. (eastern
day light savings time) and may not be withdrawn FOR ninety (90) days after such date
and time.
All awards made as a result of this RFP shall conform to applicable policies of the CRA
and the requirement of state law.
Name of Vendor:
A Corporation of the State of:
Area
Code:
Telephone
Number:
Mailing Address:
CRA/State/Zip:
Vendor Mailing Date:
Authorized Signature
Name Typed
1753
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER ~FOR PACKAGE TO BE
CONSIDERED COMPLETE AND ACCEPTABLE
24
ATTACHMENT 4
STATEMENT OF CPA FIRM QUALIFICATIONS
Each CPA Firm proposing on work included in these General Documents shall prepare
and submit the data requested in the following schedule of information.
This data must be included in and made part of each proposal document. Failure to
comply with this instruction may be regarded as justification for rejecting the proposal.
* attach additional sheets giving the information
Name of CPA Firm:
Business Address:
When Organized:
Where Incorporated:
How many years have you been engaged in business under the present firm
name?
Contracts on hand: *GROSS AMOUNT: *(Each Contract)
Have you ever failed to complete any work awarded to you?
If so, where and why?
10.
11.
12.
Have you ever defaulted on a contract? If so, where and why?*
Experience in performance of work similar to this project. *
Background and experience of principal members of your personnel, including
officers. *
Credit Background Check. (If requested)
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THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE
CONSIDERED COMPLETE AND ACCEPTABLE
CPA FIRM'S QUALIFICATIONS continued ......
13.
14.
Dated at:
this
By
Name
Title
List all lawsuits (related to similar project(s)) to which you have been a party and
which: *
A. arose from performance: *
B. occurred within the last 4 years: *
C. provides case number and style. *
Financial statement. (if requested). *
day of 20
(written signature)
(printed or typed)
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THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE
CONSIDERED COMPLETE AND ACCEPTABLE
ATTACHMENT 5
NONCOLLUSION AFFIDAVIT OF CPA FIRM
State of )
County of )
says that:
, being first duly sworn, deposes and
I am the of
Firm
(Title) (Name of Corporation or Firm)
that has submitted the attached proposal:
, the CPA
I am fully informed respecting the preparation and contents of the attached proposal
and of all pertinent circumstances respecting such proposal;
Said proposal is genuine and is not a collusive or sham proposal;
Further, the said CPA Firm nor any of its officers, partners, owners, agents,
representatives, employees or parties in interest, including this affiant, has in any way
colluded, conspired, connived or agreed, directly or indirectly with any other CPA Firm,
firm or person to submit a collusive or sham proposal in connection with the Contract
for which the attached proposal has been submitted or to refrain from proposing in
connection with such Contract, or has in any manner, directly or indirectly, sought by
agreement or collusion or communications or conference with any other CPA Firm, firm
or person to fix the pdce or prices in the attached proposal or of any other CPA Firm, or
to fix any overhead, profit or cost element of the proposal price or the proposal price of
any other CPA Firm, or to secure through any collusion, conspiracy, connivance or
unlawful agreement any advantage against the Community Redevelopment Aqency
(CRA) or any person interested in the proposed Contract; and
The price or prices quoted in the attached proposal are fair and proper and are not
tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of
the CPA Firm or any of its agents, representatives, owners, employees, or parties in
interest, including this affiant.
(Signed)
(Title)
Subscribed and sworn to before me
This day of
,20~
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My commission expires
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR
PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
ATTACHMENT 6
ANTI-KICKBACK AFFIDAVIT
STATE OF FLORIDA )
: SS
COUNTY OF PALM BEACH
I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein
proposed will be paid to any employees of the CRA of Boynton Beach as a
commission, kickback, reward of gift, directly or indirectly by me or any member of my
firm or by an officer of the corporation.
By:
NAME - SIGNATURE
Sworn and subscribed before me this
day of 2003
Printed Information:
NAME
TITLE
NOTARY PUBLIC, State of Florida
at Large
COMPANY
"OFFICIAL NOTARY SEAL" STAMP
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THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR
PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
Il.
III.
IV.
ATTACHMENT 7
INSURANCE REQUIREMENTS
General Liability
The CPA Firm agrees to provide comprehensive General Liability Insurance for
the benefit of the CRA with combined single limits of $1,000,000 per occurrence,
for Bodily Injury and Property Damage Liability. Coverage must be afforded on a
form no more restrictive than the latest edition of the Comprehensive General
Liability Policy, without restrictive endorsements, as follows and shall include:
Premises or Operation;
Independent Contractors;
Broad Form Property Damage;
Broad Form Contractual Coverage applicable to this specific Agreement,
including any hold harmless or indemnification agreement; and
Personal Injury Coverage with Employee and Contractual Exclusions-
removed with minimum limits of coverage equal to those required for
Bodily Injury liability and Property Damage Liability.
The CRA and the City of Boynton Beach are to be included as "Additional
Insured" with respect to liability arising out of services performed for the CPA by
or on behalf of the CRA or acts or omissions of the CPA Firm in connection with
such services.
Professional Liability
The CPA Firm agrees to provide professional liability insurance for the benefit of
the CRA with combined single limits of $1,000,000 per claim and which insures
against errors and omissions by the CPA Firm, its sub contractors and other
professionals.
Worker's Compensation
The CPA Firm agrees to provide Worker's Compensation and Employer's
Liability Insurance for the benefit of the CPA Firm's employees, if required by
law.
Indemnification
In performing its services hereunder, the CPA Firms will use that degree of care
and skill ordinarily exercised, under similar circumstances, by reputable
members of its profession practicing in the same or similar locality at the time the
services are provided. It is agreed that the CPA Firm is not a fiduciary of the
CRA. The CPA Firm and its officers, directors, employees, agents, consultants
and sub contractors shall indemnify and hold harmless the CRA or anyone
claiming by, through or under the CRA or third parties, for any and all claims,
losses, costs or damages whatsoever arising out of, resulting from or in any way
related to the services under this agreement from any cause or causes, including
1759
but not limited to, the negligence, professional errors or omissions, strict liability
or breach of contract or any warranty, express or implied.
V Automobile Liability
The CPA FIRM agrees to provide automobile liability insurance covering all
owned, hired and non-owned automobile equipment.
Limits: Bodily Injury - $100,000 each person
$300,000 each occurrence
Property Damage - $ 50,000 each occurrence
VI Certificates of Insurance
Before commencing performance of this contract, the CPA FIRM shall furnish
the CRA with a duplicate Certificate of Insurance for the required insurance as
specified above, which shall contain the following: . ~
A)
B)
C)
D)
Name of insurance carrier(s).
Effective and expiration dates of policies.
30 days written notice by carrier of any cancellation or material change in
any policy.
Certificates of Insurance stating that the interests of the CRA are included
as an additional named insured, and specifying the Project.
Such insurance shall apply despite any insurance which the CRA may carry in its
own name.
VII Subcontractor Insurance
The CPA FIRM is advised to require all of its subcontractors to provide the
aforementioned coverage as well as any other overages that the CPA FIRM may
consider necessary, and any deficiency in the overages or policy limits of any
subcontractors will be the sole responsibility of the CPA FIRM.
1760