The URL can be used to link to this page

Minutes 09-07-04MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON TUESDAY, SEPTEMBER 7, 2004 IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M. Present Jerry Taylor, Mayor Mike Ferguson, Vice Mayor Bob Ensler, Commissioner Mack McCray, Commissioner Carl McKoy, Commissioner Kurt Bressner, City Manager Jim Cherof, City Attorney Janet Prainito, City Clerk I. OPENINGS: Ao Call to Order - Mayor Jerry Taylor Invocation Reverend Randall Gill- First Presbyterian Church Pledge of Allegiance to the Flag led by Mayor Jerry Taylor Mayor Taylor called the meeting to order at 6:33 p.m. In the absence of Reverend Gill, Mayor Taylor offered the invocation, followed by the Pledge of Allegiance to the Flag. 1. First Budget Public Hearing for Fiscal Year 2004/05 Budget 2. Proposed Resolution No. R04-141 Re: Adopting the Proposed Millage Rate for Fiscal Year 2004/05 Attorney Cherof read Proposed Resolution No. R04-141 by title only. Attorney Cherof announced that the proposed millage rate is 10.84% above the computed rolled back rate. Mayor Taylor opened the public hearing. Since no one wished to speak, the public hearing was closed. Motion Vice Mayor Ferguson moved to approve Proposed Resolution No. R04-141. Motion seconded by Commissioner McCray and unanimously carried. 3. Proposed Resolution No. R04-142 Re: Adopting the Tentative Budget for fiscal year 2004/05 Attorney Cherof read Proposed Resolution No. R04-142 by title only. Mayor Taylor opened the public hearing. Since no one wished to speak, the public hearing was closed. Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 7, 2004 Motion Vice Mayor Ferguson moved to approve Proposed Resolution No. R04-142. Motion seconded by Commissioner McCray and unanimously carried. Mayor Taylor requested that the record reflect that the second public hearing will take place on September 21, 2004 at 6:30 p.m. in Commission Chambers. Mayor Taylor further announced that in the event the Commission cannot hear all the public comments at that time, it would necessitate holding a special meeting. Commissioner McCray thanked staff for their hard work and dedication in bringing the budget forward. D. Agenda Approval: 1. Additions, Deletions, Corrections None 2. Adoption Motion Vice Mayor Ferguson moved for approval. Motion seconded by Commissioner McCray and unanimously carried. II. OTHER: A. Informational Items by Members of the City Commission Commissioner Ensler expressed his appreciation for the dedication demonstrated by Messrs. Kurt Bressner, Wilfred Hawkins, and Dale Sugerman; Police Chief Marshall Gage; Fire Chief Bill Bingham, CRA Chairperson Jeanne Heavilin; Diana Johnson, Executive Director of the Chamber Commerce; and the hundreds of residents who left their families and homes to operate the City's Emergency Operations Center during Hurricane Frances. Mayor Taylor stated that Commissioner Ensler's sentiments were those of the entire Commission. Vice Mayor Ferguson wished to commemorate the memory of his friend and mentor, Mr. Harry Marcus, who passed away recently at the age of 94. Vice Mayor Ferguson noted that Mr. Marcus was a good friend to the City and was instrumental in securing the initial bond issue for the Golf Course and he will be missed. Mayor Taylor recalled that Mr. Marcus attended many Commission meetings and always expressed an interest in Boynton Beach and will be missed. 2 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 7~ 2004 Commissioner McCray pointed out that since the City will not have to hold an election this year, the City would be able to save money. He thanked the citizens for their faith and commitment to him and Commissioner McKoy. On behalf of himself and Commissioner McKoy, Commissioner McCray pledged that they would continue to do the best job possible for the residents of District 2 and District 4, respectively, as well as all the citizens of Boynton Beach. He thanked everyone for their encouragement and he looked forward to serving the City for another three years. Commissioner McKoy also expressed his appreciation to the citizens of Boynton Beach. He noted that the current Commission sits as a team and hopes that they continue to hit homeruns as they move forward. II1. ANNOUNCEMENTS, PRESENTATIONS: COMMUNITY & SPECIAL EVENTS, & A. Announcements: Mayor Taylor made the following announcements: Public Hearing and Adoption of Annual Fire Assessment Resolution - September 14, 2004 @ 6:30 p.m. in Commission Chambers Second Budget Public Hearing - September 21, 2004 at 6:30 p.m. in Commission Chambers First City Commission Meeting in October will be held on MONDAY, OCTOBER 4, 2004 @ 6:30 P.M. - This will allow the Commission to participate in activities related to Police Accreditation. B. Community and Special Events: None C. Presentations: 1. Proclamations: a. September 18, 2004 - Kids Day America/International Mayor Taylor read the Proclamation declaring September 18, 2004 as Kids Day America/International. The Proclamation is on file in the City Clerk's Office. IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS (at the discretion of the Chair, this 3-minute allowance may need to be 3 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 7, 2004 adjusted depending on the level of business coming before the City Commission) None V. ADMINISTRATIVE: A. Appointments to be made: Appointment To Be Made Length of Term Board Expiration Date II McCray III Ferguson Advisory Bd on Children & Youth Alt Advisory Bd on Children & Youth Alt i yr term to 4/05 1 yr term to 4/05 I Ensler II McCray III Ferguson (2) IV McKoy Bldg. Bd of Adj & Appeals Reg Bldg. Bd of Adj & Appeals Reg Bldg. Bd of Adj & Appeals Alt Bldg. Bd of Adj & Appeals Alt 3 yr term to 4/0TFabled (2) 3 yr term to 4/071'abled (2) I yr term to 4/05 Tabled 1 yr term to 4/05Tabled (2) Mayor Taylor Cemetery Board Alt i yr term to 4/05 III Ferguson Code Compliance Board Alt 1 yr term to 4/05 III Ferguson Code Compliance Board Alt 1 yr term to 4/05Tabled (3) IV McKoy Education Advisory Board Alt i yr term to 4/05 Mayor Taylor Education Advisory Board Reg 2 yr term to 4/06 I Ensler Education Advisory Board Reg 2 yr term to 4/06 II McCray Education Advisory Board Alt 1 yr term to 4/05 III Ferguson Education Advisory Board Stu i yr term to 4/05 III Ferguson Education Advisory Board Stu i yr term to 4/051'abled (3) Mayor Taylor Senior Advisory Board Alt i yr term to 4/05 Commissioner McKoy passed on his Alternate appointment to the Education Advisory Board. Mayor Taylor appointed Christine Moeller as a Regular Member of the Education Advisory Board. Motion Vice Mayor Ferguson moved for approval. Motion seconded by Commissioner McKoy and unanimously carried. Commissioner Ensler appointed Margaret Newton as a Regular Member of the Education Advisory Board. 4 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 7, 2004 Motion Vice Mayor Ferguson moved for approval. Motion seconded by Commissioner McCray and unanimously carried. All other appointments were tabled. VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: Agenda Preview Conference - August 13, 2004 Regular City Commission Meeting - August 17, 2004 Commission Joint Meeting with CRA - August 16, 2004 Bo Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2003-2004 Adopted Budget Award the bid for "ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE" Bid#079-2730-04/CJD to Vile & Sons, Stiles Landscaping, First Genesis, Latona View, Nova Arbor, BG Katz. The estimated annual expenditure is: $912,337.80 Award the Contract for "THE EXPANSION/REMODEL OF THE LIBRARY" Bid# 017-2610-04/CJ D to: S ESSOMS CONSTRUCTION COMPANY, INC. of Hollywood, Florida in the amount of: $5,727,485.00 plus a project contingency of $100,000.00 Mr. Bressner requested that Item VI.B.2. be tabled to allow for additional review of the bids by the architect. Motion Vice Mayor Ferguson moved to table. Motion seconded by Commissioner McKoy and unanimously carried. C. Resolutions: Proposed Resolution No. R04-143 Re: Authorizing the execution of Task Order No. U04-03-02, in the amount of $376,000,to Brown and Caldwell, Inc. for updating the system-wide water transmission and distribution computer model and conducting 5 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 7, 2004 a water system analysis in support of the City's comprehensive utilities planning process Proposed Resolution No. R04-144 Re: Authorizing the execution of Task Order No. U-04-7-1, with Erdman Anthony of Florida, Inc. d.b.a. Crossroads Engineering & Surveying for furnishing design, permitting, bid phase, construction observation and certification services for the replacement of lift station no. 101 and additional sewer force main. The Task Order fee will be a not- to-exceed upper limit of $31,660 Proposed Resolution No. R04-145 Re: Authorizing the execution of Amendment #1 of Task Order No. U04-03-01, in the amount of $110,800 to Brown and Caldwell, Inc. for conducting an analysis of Utilities Department to assess its current organizational structure and processes, in an effort to ensure that it is aligned with the broader City organization, meets level of service and expectations from customers, and supports the professional growth and development of staff Proposed Resolution No. R04-146 Re: Authorizing an Agreement for Water Service Outside the City Limits with John A. Ranyak for the property at 1216 Highlands Road, Lake Worth, Florida (Ridge Grove LOTS 91 & 92) Proposed Resolution No. R04-147 Re: Authorizing an Agreement for Water Service Outside the City Limits with ANYA Group, Inc. for the property at 3445 N. Federal Highway, Delray Beach, Florida (parcel located in Government Lot 1, Section 4, Township 46 South, Range 43 East) Proposed Resolution No. R04-148 Re: Authorizing an Agreement for Water Service Outside the City Limits with Joan Garden for the property at 7963 Overlook Rd., Lake Worth, Florida (Ridge Grove S of 50 FT of E 100 FT of parcel A) Proposed Resolution No. R04-149 Re: Authorizing an agreement with Palm Beach County to return the collection of County Impact Fees to the Palm Beach County Building Division Proposed Resolution No. R04-150 Re: the approval of a Library State Aid Grant Application Authorizing Proposed Resolution No. R04-151 Re: Authorizing the approval and acceptance of the Urban Group's negotiated contract to purchase property owned by Lawton Mapp, located at 1407 NW 1st Street at the appraised fair market value of $50,000 and the relocation entitlement of $52,755 6 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 7, 2004 Do 10. Proposed Resolution No. R04-152 Re: Authorizing the execution of a Subgrant Agreement for Equipment for Florida Strategy for training and equipment to enhance the Fire Rescue Department's Technical Rescue Team 11. Proposed Resolution No. R04-153 Re: Approving a revision to the current State Housing Initiatives Partnership (SHIP) Mortgage Program to provide for the purchase contract to run concurrent with the mortgager's first mortgage 12. Proposed Resolution No. R04-154 Re: Authorizing the execution of an Interlocal Agreement for Town of Gulf Stream and the City of Boynton Beach regarding consideration of annexation of several unincorporated properties Ratification of Planning & Development Board Action: Citrus Glen (MPMD 04-003) - South of Miner Road, east of Lawrence Road - Request for Master Plan Modification approval to reduce the side yard setback for pool construction in lot 1 Quantum Park DRI (Lions Club) (USAP 04-006) - 2439 Quantum Boulevard, lot 3, Quantum Park - Request to Use Approval to add "Lions Club Meeting Hall" to the list of permitted uses in the Quantum Park PID Church of Jesus Christ of Latter Day Saints (MSPM 04-002) - 1480 Knuth Road - Request for Major Site Plan Modification approval for construction of a 5,004 square foot addition to an existing place of worship on a 4.26-acre site located in the Hamptons Planned Unit Development (PUD) zoning district Car Rental (CDRV 04-006) - Citywide - Request to amend Chapter 2, Zoning, Section 6.C with the additional of supplement regulations to include automobile rental as conditional use on sites zoned C-3 and greater than 75 acres Ratification of CRA Action: None Approve the updated Library Long Range Plan for 2004-2007 Approve the "SURPLUS SALE OF GOLF COURSE EQUIPMENT" as submitted by the Golf Course Superintendent, Scott Wahlin and allow for the sale of same 7 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 7, 2004 Approve full release of surety covering the water and sewer systems for the project known as Villas at Quantum Lakes Phase 2 and returning Letter of Credit No. 3051870 from Bank of America to the developer Approve the purchase of 14 laptop computers in the amount of $19,950.00 from More Direct (Funding will be from the Federal Treasury Forfeiture Fund) Return cash bond of $8,635.00 to Bliss Construction for the project known as Prime Catch Approving the plat of VENETIAN VILLAS subject to approval by surveyor and mapper, and subject to the Palm Beach County Circuit Court's approval of the amended settlement agreement removing the ACLF use Motion Commissioner Ensler moved that Item VI.K. be referred back to the Planning and Development Board upon advice of Counsel. Commissioner McCray asked for an explanation for the referral. Attorney Cherof responded that the plat is part of a court settlement and needs to be reviewed by the Planning and Development Board. Commissioner Ensler seconded the motion that unanimously carried. L. Authorize allocation of $2,000 of Commissioner Mack McCray's Community Investment Funds for the YMCA Annual Campaign Fund Drive Authorize expenditure of $5,000 from Community Investment Fund for Day Star Charter Academy, Boynton Beach from Commissioner McKoy No Authorize expenditure of $2,000 from Community Investment Fund for Community Caring Center from Mayor Jerry Taylor Motion Commissioner McKoy moved to approve the Consent Agenda, as amended. Motion seconded by Commissioner McCray and unanimously carried. VII. CODE COMPLIANCE & LEGAL SE'I-rLEMENTS: A. None VIII. PUBLIC HEARING:7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS 8 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 7, 2004 Project: Agent: Owner: Location: Description: Lake Drive North (ABAN 04-003) Rodney Regan Avon Investments, Inc. 2625 Lake Drive North Request for abandonment of the north 4.2' wide walk easement in Lakeside Gardens Subdivision (TABLED ON JULY 20, 2004- TO BE HEARD ON 9-7-04) (PROPOSED ORDINANCE NO. 04-073) Mayor Taylor requested that Item VIII.A. (Lake Drive North Abandonment) be tabled until the next meeting. Motion Commissioner Ensler moved to table Item VIII.A. Motion seconded by Vice Mayor Ferguson and unanimously carried. Project: Agent: Owner: Location: Description: Quantum Park NOPC #14 (DRIA 04-001) Eugene Gerlica, Quantum Group of Co. MFT Development, Inc. Westside of Interstate 1-95, between Miner Road and the Boynton (C-16) Canal Request for Development of Regional Impact Amendment (DRIA) to create the new land use option to lots 17, 21, 50A and 52 and to re-designate lots 81 and 82 to "Government & Institutional" Mayor Taylor inquired if the applicant was present and was informed that he was not. Vice Mayor Ferguson pointed out that the Planning and Development Board had approved the item. Motion Vice Mayor Ferguson moved for approval. Motion seconded by Commissioner McCray and unanimously carried. IX. CITY MANAGER'S REPORT: Report on Interim Water Service Agreement with Palm Beach County Utilities Mr. Bressner was recommending that the Commission consider entering into an Interim Purchase Contract with Palm Beach County Utilities to assist with water purchase in the West Water Plant Service Area. Mr. Bressner noted that with the rate of development occurring in the City, staff feels that it would be prudent to have the ability to purchase water from the County on an "as needed basis" until the construction and improvement issues of the West Water Treatment Plant are determined. 9 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 7, 2004 Staff has performed a preliminary analysis of the cost benefit of entering into a 25 year Water Purchase Contract, based upon the best information available that included the overall projected costs for water improvements at the West Water Plant and the cost of the commodities. The contract would work similarly to contracts for the purchase of water that the City enters into with developers. Mr. Bressner felt that this would result in a cost savings to the City. Because there are still outstanding issues, he is only requesting authorization to meet with representatives from the Palm Beach County Utilities in order to enter into an Interim Water Purchase Contract. Staff will also continue discussions with the County regarding a long-term contract and will report back to the Commission at a future date. Mr. Bressner asked the Commission to approve a short-term contract. The County offered a three-year contract, but he would like a four or five year contract if possible. Commissioner McCray inquired what staff members would be meeting with the County representatives and was informed it was Mr. Bressner and Mr. Nem Gomez, the City's Interim Utilities Director. Motion Commissioner McCray moved for approval. Motion seconded by Commissioner McKoy and unanimously carried. Mr. Bressner gave a report on Hurricane Frances and its affect upon the City and its citizens. Mr. Bressner thanked Bethesda Hospital for allowing the City to share their operations center. Originally, the City intended to set up operations in the East Plant. However, when it was learned that the Hurricane was a category four, it was not certain whether the East Plant could withstand a category four hurricane. Mr. Bressner also noted that it was necessary for Fire and Police to remain off the streets due to the length of the storm. During a brief break in the storm, personnel were able to get out and deal with some issues and saved some lives, before they had to pull back in again. Mr. Bressner noted that there were concerns during the storm that pressure in the water system be maintained to prevent post-storm difficulties. Throughout the hurricane, personnel at both water plants were in the plants adjusting pressure levels at the direction of Chief Water Plant Operator, John Reynolds. Mr. Reynolds was at the Hospital EOC to ensure that the water system remained intact, which was a tremendous feat, in itself. When the storm passed, the Public Works' crew was activated. Everyone was saddened to see the tremendous amount of destruction to the trees in the City, however, there was minimal damage to buildings in the City. Mr. Bressner thanked Don Johnson and his Department for enforcement of the Building Codes. 10 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 7, 2004 The City is recovering well and every day things improve. Staff continues to work around the clock to ensure recovery. Mr. Bressner commended those employees who had to leave their families to assist with recovery of the City. There have been complaints about Florida Power & Light (FPL). Mr. Bressner noted that there are still four Commissioners, as well as himself, that do not have power. Mr. Bressner reported that he observed crews coming into the City to assist with restoration of electrical power to the City. There are still many City facilities that do not have power, including some fire stations that are running on generators. Mr. Bressner reported that he received a telephone call from Tony Newbold of FP&L who informed him that FP&L is using the Boynton Beach Mall as a transfer site to facilitate recovery. Mr. Newbold requested that FP&L be allowed to use Waste Management that handles their commercial hauling to come into the City for this purpose. Mr. Bressner explained that the City Code does not allow any commercial hauling except by the City. He requested that the City authorize a 15-day waiver to allow Waste Management to enter the City for removal of debris. By permitting this, it will facilitate recovery and return of power to residents because they have more resources than the City. This will also allow the City Public Works Department to focus on its customers. Commissioner McCray inquired if this could cause damage to the Mall. Mr. Bressner responded that this is an issue between the Mall and FP&L. Motion Commissioner McCray moved for approval. Motion seconded by Commissioner Ensler. Commissioner McKoy inquired if 15 days would be sufficient to get the job done. Mr. Bressner felt that 15 days would suffice. However, if more time was needed after the first 15 days, they could come back to the Commission to request more time. Vote Motion carried unanimously. Commissioner McCray requested that awards or some type of recognition be presented to those employees who went above and beyond the call of duty to carry out their jobs. Mr. Bressner responded that staff is working on this. Mr. Bressner specifically thanked Deputy Fire Chief Jim Ness for his expertise and knowledge throughout this entire occurrence. Deputy Chief Ness used weather-tracking data that tracked the storm that provided very accurate information to allow personnel to plan accordingly. Mayor Taylor reported that the curfew hours have been changed. Previously the curfew was from 8:00 p.m. to 6:00 a.m. It has now been extended from 10:00 p.m. to 6:00 a.m. 1! Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 7~ 2004 Mayor Taylor commended City employees for their professionalism in carrying out the duties of their jobs. He noted that there were many employees who rose to the challenge during these trying times and he was very proud to be Mayor of Boynton Beach. He felt that the City was prepared and handled the storm much better than other communities. Mayor Taylor commended Assistant City Manager Dale Sugerman for staying on top to keep the City's water supply intact. X. FUTURE AGENDA ITEMS: A. Workshop regarding City Hall/Public Safety Space Needs Report (TBA) B. Proposed Lease Agreement with Boynton Woman's Club (TBA) Co Management of Colors along Congress Avenue, Federal Highway, Gateway Boulevard and Boynton Beach Boulevard (TABLED ON 8/3/04 based on review by Planning & Development Board and CRA) Public Hearing and Adoption of Annual Fire Assessment Resolution (6:30 p.m. on 9/14/04) Xl. NEW BUSINESS: Xll. LEGAL: A. Ordinances- 2nd Reading- PUBLIC HEARING Proposed Ordinance No. 04-063 Re: Abandoning a portion of a 20-foot wide alley lying east of Lots 20, 21 and 22, and west of Lot 19 in Block 3, Lake Addition to Boynton Subdivision (Boynton Seafood) (Tabled to 9/21/04 to allow for conditions of approval to be met) Proposed Ordinance No. 04-064 Re: Abandoning a portion of an unimproved 50-foot wide road right-of-way for NW 8th Avenue, adjacent to Lots 154 and 155, Block C, Boynton Hills Subdivision (NW 8th Avenue) (Tabled to 9/21/04 to allow for conditions of approval to be met) Proposed Ordinance No. 04-050 Re: Providing for a one-time opportunity for current members of the General Employees' Pension Plan to include their prior military service as creditable service toward a member's pension by purchasing service credits for such military service served by the member Attorney Cherof read proposed Ordinance No. 04-050 by title only. Mayor Taylor opened the public audience. Since no one wished to speak, the public audience was closed. 12 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 7, 2004 Motion Commissioner Ensler moved to approve Proposed Ordinance No. 04-050. Motion seconded by Vice Mayor Ferguson. City Clerk Prainito called the roll and the motion carried 5-0. Proposed Ordinance No. 04-070 Re: Abandoning a portion of a utility easement located on Lot 3 of Block 26, Boynton Lakes Plat No. 2 Boynton Lakes (ABAN 04-006 - Boswell Place) Attorney Cherof read Proposed Ordinance No. 04-070 by title only. Mayor Taylor opened the public audience. Since no one wished to speak, the public audience was closed. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-070. Motion seconded by Commissioner McCray. City Clerk Prainito called the roll and the motion carried 5-0. Proposed Ordinance No. 04-071 Re: Amending Chapter 2, Zoning, Section 11.H, reducing parking ratios for multi- family, hotel and marina uses in mixed-use projects within the CBD zoning district Attorney Cherof read Proposed Ordinance No. 04-071 by title only. Mayor Taylor opened the public audience. Since no one wished to speak, the public audience was closed. Motion Commissioner McKoy moved to approve Proposed Ordinance No. 04-071. Motion seconded by Commissioner McCray. City Clerk Prainito called the roll and the motion carried 5-0. Proposed Ordinance No. 04-072 Re: Amending Chapter 10, Garbage, Trash and Offensive Conditions, providing for rate modification Attorney Cherof read Proposed Ordinance No. 04-072 by title only. Mayor Taylor opened the public audience. Since no one wished to speak, the public audience was closed. 13 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 7, 2004 Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-072. Commissioner McCray asked for a definition of "offensive conditions" and was informed this information would be furnished to him. Motion seconded by Commissioner McKoy. City Clerk Prainito called the roll and the motion carried 5-0. B. Ordinances - 1st Reading Proposed Ordinance No. 04-074 Re: Amending Chapter 26, Article IV "Sewers" to provide that the property owner is responsible for the maintenance, repair and replacement of sewer Laterals Attorney Cherof read Proposed Ordinance No. 04-074 by title only. Motion Commissioner Ensler moved to approve Proposed Ordinance No. 04-074. Motion seconded by Vice Mayor Ferguson. City Clerk Prainito called the roll and the motion carried 5-0. Proposed Ordinance No. 04-075 Re: Revising Section 104.7.3 - OTHER FEES - of the Boynton Beach Administrative Amendments to the 2001 Florida Building Code and return the responsibility of collecting Palm Beach County Impact Fees back to Palm Beach County Attorney Cherof read Proposed Ordinance No. 04-075 by title only. Motion Commissioner Ensler moved to approve Proposed Ordinance No. 04-075. Motion seconded by Commissioner McKoy. City Clerk Prainito called the roll and the motion carried 5-0. Proposed Ordinance No. 04-076 Re: Abandoning a portion of the Northeast 3rd Avenue right-of-way extending westward from NE 3rd Street to the west boundary of the Arden Park Plat (Janis Group) Attorney Cherof read Proposed Ordinance No. 04-076 by title only. 14 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 7, 2004 Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-076. Motion seconded by Commissioner McCray. City Clerk Prainito called the roll and the motion carried 5-0. C. Resolutions: None D. Other: None Xlll. UNFINISHED BUSINESS: None XIV, ADJOURNMENT: There being no further business, the meeting properly adjourned at 7:17 p.m. ATTEST: Recording Secretary City of Boynton Beach (_~-o~mm~ss~ono~ (September 8, 2004) 15 CITY OF BOYNTON BEACH, FLORIDA SUMMARY 2004/2005 PROPOSED BUDGET AND 2005 - 2009 PROJECTED SPENDING PLAN The Ci o Bo nton Beach OFFICE OF THE C17T MMN,~GER I00 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beac& Florida 33425-0310 CiO' Manager's Office: (561) 742-6010 FdLY: (561} 742-6011 e-mail: city. manager@cl, boynton-beacltfl, us www. cl. bo),nton-beach~fl, us To~ From: Date: Subject: City Commission Kurt Bressner, City Manage~.~'"' June 30, 2004 Presentation of City Operating Budget for Fiscal 2004-05 and Financial Operating Plan for Fiscal 2005-2009 I am pleased to transmit the proposed Operating Budget for Fiscal 2004-05 and a Financial Operating Plan for Fiscal 2003-2007. The Capital Improvement Budget reflects the recent City Commission decision on bond issues. Exclusive of construction projects, the total propose~d operating budget of the City for 2004-05 is increased by 7.1% over the current fiscal year budget. Given payroll and benefit obligations in the range of 8% (larger due to pension cost increases), Supply cost increases averaging 4 % and contract services price increases averaging 3%, this is a moderate budget. The Budget Portion of this document is the statutory spending plan that the City Commission must approve following review and revision, as appropriate. The Financial Plan portion of the document is an advisory financial snapshot into the future designed to give the Commission and staffa longer- range perspective and to assist in fiscal and program planning. General Fund Budget Pursuant to Commission policy of retaining 10% of General Fund operating expenditures as a reserve, the budget as presented is balanced. The General Fund, as presented will end this fiscal year with revenues above estimates by approximately $2.0 M. The estimated expenditures this fiscal year will be $62,160 over the budgeted amounts. The opening balancesin the General Fund will remain above the City's financial reserve policy of 10% of operating expenses. This amount, currently is projected at $13.3 M. This reflects about a 3-month expenditure reserve. It should be noted that the approved 2003-04 Budget authorized use of 1.8 M of the un-obligated General Fund reserves (this is the amount over and above the 10% set-aside.) With the 2003-04 expenditures close to the budgeted, the amount actually used was $28,494. Presented below is a short table showing the current status of the General Fund Balance: GENERAL FUND BALANCE PROJECTIONS FOR 2004-05 Undesignated Fund Balance @ 9/30/03 Fund Balance Designated for 2003/2004 Budget Fund Balance Designated for Emergency- 10% of Budget Total Fund Balance $ 6,506,475 $ 1,838,624 $ 5,034,880 $ 13,379,979 Estimated Revenues 2003/2004 Estimated Expenditures 2003/2004 $ 50,382,471 $ (50,410,965) $ (28,494) Fund Balance Designated for 2003/2004 Budget $ 1,838,624 FB Designated for 2003/2004 Budget over (under) Actual $ 1,810,130 Estimated Revenues 2004/2005 FB Designated for 2004/2005 Budget Total Revenues/Available 2004/2005 Budget Estimated Expenses 2004/2005 $ 54,117,664 $ 1,810,130 $ 55,927,794 $ (55,920,050) $ 7,744 Undesignated Fund Balance @ 9/30/04 Additional Fund Balance not used in 2003/2004 Fund Balance Designated for Emergency - 10% of Budget $ 6,506,475 $ 1,810,130 $ 5,592,005 $ 13,908,610 ($1,838,624 was budgeted/$28K used) (New 10% of 2004-05 Expenses) Fund Balance Projected as of 9/30/04 Projected General Fund Expenses 2004/2005 Projected General Fund Expenses/Month Unobligated Reserves = Months Expenses $ 13,908,610 $ 55,920,050 $ 4,660,004 3.0 (Assumes $28K used in 2003-04) The proposed budget "rolls over" the remaining portion of the $1.8 unobligated reserve for possible use in 2004-05. With respect to property tax revenues, the proposed budget assumes that the City Commission would wish to keep the tax rate the same as 2002-03 or 7.6%. Last year, the Commission rolled back the property tax rate to help compensate for the Fire Assessment revenues being received. The rate was · rolled back to 7.5000% plus .3804% for debt service for a total of 7.8804%. The projected tax rate for 2004-05, inclusive of debt service is slightly higher at 7.8838%. This is based on an assumption of the base millage being restored to the 2002-03 level of 7.6% and the debt service millage at ,2838%. In the event the City Commission wishes to leave the basic tax. rate at 7.5%, the revenue differential would be $345,434. This is a handy number to remember as it represents the revenue increase or decrease for each one-tenth of a percent of millage percentage adjustment. I am recommending that the City Commission restore the tax millage to the 2002-03 level of 7.6% and not roll back the property tax again this year. America's Gateway to the Gulfstream 2 Presented below is a recap of property tax information and assessed value information: r2004 Preliminary Ad Valorem Tax Estimates ,Taxable Value Ad Valorem Revenue 2004 Preliminary Taxable Value $3,579,638,820 ~ x 7.5 mills = ' $ 26,847,291 2004 Preliminary Taxable Value $3,579,638,820 x 7.6 mills = $ 27,205,255 Increase in Revenue $ 357,964 Taxable Value Remitted to CRA Increase % 2004/2005 $3,579,638,820 $ 2,301,196 146.24% 2003/2004 $3,232,006,782 $ 1,573,522 188.30% 200212003 $2,896,293,585 $ 835,629 139.80% 2001/2002 $2,735,580,400 $ 597,725 310.46% 2000/2001 $2,544,999,347 $ 192,529 117.01% 1999/2000 $2,450,623,128 $ 164,547 Please note the increases in the funds sent to the C~A are due to increased assessed value in the CRA area. These are cash expenses to the General Fund as we must collect and remit the appropriate tax revenues to the CRA. For accounting purposes we must show this is as an expense. Looking to next fiscal year, the General Fund is projected to receive $53.5 M in revenues. The budget for the General Fund as originally proposed by departments showed a projected deficit of $2.5 M over revenues. In reviewing the budget, I was required to cut back a number of new personnel requests, adjust operating programs, cut capital outlay and defer several expenses. In addition to restoring the millage to 7.6% to balance the General Fund, I propose the following: 1. Provide a Public Service Tax on City Water Use of 4%'. This will yield $326,660 2. Increase the Utility Fund Transfer by $220,000 (the current amount is $2,781,800, which has remained unchanged for years) The above changes will provide $546,660 and would balance the General Fund Budget. 1 Boca Raton charges a 10% Public Service Tax on Water; West Palm Beach charges a 10% Public Service Tax on Water; Delray Beach charges a 5% franchise fee on Water Projection of Public Service Tax Revenue In-Cily Water Sales Actual 2003 $ 8,166,499 1% $ 81,665 2%~ $ 163,330 3% $ 244,995 4% $' 326,660 5% $ 408,3251 6% $ 489~990 L... 7% $ 571,655 8% $ 653,320 9% $' 734,985 10% $' 816,650 ~4merica's Gateway to the Gulfstream On the revenue side for the General Fund, several comments are in order concerning some revenue sources. The Communications Tax, which was touted in 1999, as an equitable source of revenue for municipalities has not proven to be so. The changes in the telecommunications and Internet industry were not anticipated in the state legislation. As a result, the revenues have been dropping each year instead of increasing, as promised. This year, the budgeted revenue was $1.5 M but we will probably receive $1.27 M. The revenue base for next year has been reduced to $1.25 M. Currently, the Florida League of Cities is attempting to address this matter legislatively. On the positive side, building and construction related revenues are expected to be strong again next fiscal year. Sales tax has stabilized but the final version of the budget reduced the projections of revenue by $300,000 based on trend analysis. This revenue source will be at $4.5 M instead of $4.SM. One final area of revenue, which bears watching, is the County Court Revenue. Recent legislative changes may reduce the amount of revenue the City receives from the Palm Beach County Court System. On the expense side several comments are in order for the proposed budget. The budget includes the proposed retainer for a federal lobby firm. We will have a number of initiatives related to the water system expansion, which will involve the USEPA, mainly in the area of discharge of waste material from the deep aquifer wells. In addition, the CRA may have issues related to Federal Funding of transportation initiatives. I have requested that the CRA participate in the cost of the Federal lobby services. The estimated cost is $60,000. Please note that the proposed budget includes $280,000 for the new Commission Strategic Plan Initiatives. Please see the strategic plan implementation plan memo as an exhibit to this report. Because the City Commission just approved these on June 15th, it was not possible to place funds in individual departments for the various projects anticipated. The proposed budget restores the annual recognition dinner for boards and commissions as requested by the City Commission. The Community Investment Program has been retained in the budget at $50,000 or $10,000 for each member of the City Commission. The amount this year was $12,500 per Commission member. Increase in Pension Contributions by General Fund: General Fund Pension Additional Cost General Employee Police Pension Fire Pension $330,624 $392,510 $259,299 Total $982,433 Historically, the City's contributions to 'the three pension funds has increased sharply due to increased costs associated with the funds and a drop in investment earnings. Each of the three pension funds Uses a "smoothing" formula of 3 to 4 years to buffer the impact of sharp increases or /lmerica's Gateway to the Gulfstream decreases in revenues/expenditures. The three funds are still dealing with the impact of sharp investment earning drops in 2001-2003. This year all three funds will see a much better investment earning profile for their investments. However, because of the smoothing factor, the benefits of increased earnings are spread over the next few years. Therefore, the good and bad news is spread over multiple years. Please note the proposed budget reflects an expenditure item of $65,000 to provide for external analysis of the City's pension obligations. I believe it prudent to review several items related to the pension funds including the actuarial assumptions, assumed rate of return and other components of the pension funds that may present a future unfunded obligation of the City. To show the historic cost of pensions to the City, please see the chart on the next page showing the cost to the City for the past 10 years: City Contribution to Pensions Gen Employees Police Fire Total Est. 2004/05 $ 2,243,356 $ 1,878,514 $ 1,155,699 $ 5,277,569 2003/2004 $ 1,542,574 $ 1,486,004 $ 896,400 $ 3,924,978 2002/2003 $ 1,039,900 $ 1,561,703 $ 922,724. $ 3,524,327 2001/2002 $ 595,970 $ 679,059 $ 361,877 $ 1,636,906 2000/2001 $ 686,733 , $ 312,072 $ 80,559 $ 1,079,364 1999/2000 $ 952,994 !$ 426,129 $ 245,957 $ 1,625,080 1998/1999 $ 1,069,863 $ 451,378 $ 349,375 $ 1,870,616 1997/1998 $ 1,180,810 $ 13,978 $ 79,254 $ 1,274,042 1996/1997 $ 1,339,622 $ 1,135,341 $ 944,605 $ 3,419,568 1995/1996 $ 1,505,804 $ 583,113 $ 518,847 $ 2,607,764 While funded in the draft budget, the neighborhoOd grant and improvement program needs re-focus, in my view. The City Commission has embarked on a different process for neighborhood meetings. You have requested multiple departments to be present at meetings. The old model of one staff member being responsible for these activities is being changed to a team approach coordinated by the City Manager's Office. The amount for community grants has remained unchanged in the proposed budget but the budget for neighborhood improvements had to be temporarily reduced to $25,000. The Woman's Club program is a desirable, but not an essential activity. We proposed the program in 2002-03 in response to a concern expressed over the continued maintenance ora historic structure. If the Mizner Foundation were to take on this responsibility, the same goal would be met via the private sector. The City could offer expertise and assistance on a case-by-case basis, especially in the area of assisting the Mizner Foundation in obtaining grants, joint purchasing and renting the facility for public events. With increased insurance costs, the estimated cost of the Woman's Club Program will be in the vicinity of $170,000. In addition to these, there is a long-term need to increase the size of the Police Department sworn staff. A total of 10 new police officers are included in the budget. This year the Police Chief has developed an innovative program that has been presented to the CRA, whereby that agency will provide funding for increased presence in the CBD and Heart of Boynton areas. This program accounts for four of the 10 positions. This program will help moderate the increase in calls for. service in the CBD and Heart of Boynton areas. The increase in the staff'mg levels for the Fire Department has been deferred one year to allow construction of the three new stations to be completed. R should be noted that in two years, the expense base for the 24 new personnel hired under the Fire Assessment, would need to be paid out of the General Fund. America's Gateway to the Gulfstream In terms of other personnel in the General Fund, the proposed 2004-05 budget projects an increase of 9 positions. The additions are as follows: 6 Police Officers 4 Police Officers (CRA) 2 Police Community Service Officers To help address the increase in building activity I am also recommending adding personnel in the Building and Fire Departments as follows: 1 Electrical Inspector * 1 Building Inspector 1 Plumbing/Mechanical Inspector * 1 Assistant Fire Marshall * Also perform building inspections The reduction in staff in the General Fund is as follows: 1 Network Administrator - Information Services .75 Office Assistant - Purchasing 1 Crew Supervisor - Facilities Management - Public Works 1 Building Maintenance Mechanic - Facilities Management- Public Works 1 Administrative Clerk - Recreation 1 Office Assistant Senior - Recreation 1 Parks Maintenance Worker - Recreation 1 Parks Maintenance Specialist - Forestry and Grounds - Public Works There are no lay-offs of positions in the General Fund. The changes reflect either shifts in personnel from one position to another or non-replacement of vacant Positions. In the Human Resources Department, for example~ we are postponing the hiring of the new Director for six months to allow funding for a comprehensive wage and classification study. We have found that the salary ranges for City positions generally lags behind the other communities. Unfortunately, in order to fund the study, the Director position needs to be left vacant for six months. In the interim, the Assistant City Manager and the Fire Chief have teamed up to provide direction for the Human Resources Department. Overall, the General Fund expenditures are expected to be 10.9% higher than the current fiscal year budget. This is inclusive of the above-mentioned pension and staff expenses. On the negative side, it would appear that the statewide referendum for doubling the homestead exemption would make it on the ballot in November. This means that, if the referendum passes, the homestead exemption will increase from $25,000 to $50,000. Based on preliminary figures from the Finance Department, the impact on reduced property tax revenues (assuming we do not increase the tax rate) would be in the realm of $3.2M of the projected $24.3M we received in property taxes this America's Gateway to the Gulfstream year. The reduction would go into effect in fiscal year 2005-06, which means during the next fiscal year, we will need to take steps to either cut services or make adjustments to revenues. Staffhas prepared a complete service inventory so we have good data on what programs cost. Review of Other Funds Water and Sewer Utility Fund The revenues and expenditures for the operating portion of this fund are balanced at $29.8 M. Three staffpositions are proposed for elimination next year. I have included the hiring ora Utility Director in the budget. Overall, the expenditures projected for 2004-05 in this fund is expected to be 4.9% above the current fiscal year budget. As with the General Fund, the impact of pension costs was the main reason for the budget increase. Golf Course Fund This fund is balanced at 2.8M. The Director of the Golf Course is retiring and will not be replaced. Instead, the incumbent Assistant to the Golf Director and Head Golf Professional will share the duties. The proposed 2004-05 Budget represents an increase of 10.1 °A over the current fiscal year budget. The golf course remains profitable and has enjoyed an increase in patronage over the prior fiscal year. Solid Waste Fund This fund is balanced with revenues and expenses of $7.2M. The staff will be proposing a rate modification for multi-family accounts. A comparison of private sector service fees indicates that a rate modification is appropriate. No rate increase for residential service is proposed. We will continue to monitor legislative attempts to eliminate our market share for the roll-offbusiness. This revenue accounts for approximately $1.1M a year in revenue that is used to keep the residential rates stable. In addition, the City staff will be exploring the expansion of the cart system into residential areas not currently served by this program. Overall, the expenditures for the Solid Waste Fund are projected to increase 10% over the Current budget for Fiscal 2004-05. This fund has enjoyed cost efficiencies over the past three years due to better utilization of equipment and personnel. The cost increases this year is reflective of operating and pension 'costs. Mass Transit Fund This fund substantially is funded by a subsidy of the Local Option Gas Tax. Total expenses of $263,172 as recommended for the 2004-05 budget will be met by only $22,9 i 2 in operating revenue. The balance of the expenses is met from a transfer from the fund balance ($15,000) and the Local Option Gas Tax as an expense to the General Fund ($225,900). The viability of this program needs to be discussed in Fiscal 2004-05. .dmerica's .Gateway to the Gulfstream Fleet Maintenance Fund The Fleet Maintenance Fund is responsible for the maintenance and replacement of the City's vehicle and equipment fleet. Due to budget constraints in the General Fund, the Fleet Maintenance fund will essentially operate in a "status-quo" basis again for next fiscal year. All vehicles except for squad cars and fire-rescue units will be held for an additional year. The fund has a fund balance of approximately $5,5M. Therefore, a reduced funding and replacement will not have an adverse impact Self-Insurance Fund. The deficit in the Self-Insurance Fund was resolved this fiscal year through hefty fund balance transfers into the Self-Insurance Fund from other operating funds. The fund is operating as planned and the staffhas instituted excellent safety and loss prevention programs to reduce our exposure. A more favorable insurance market accompanies this year, which may result in some premium reductions for our outside insurance coverage. This is inclusive ora projection of insurance losses (claims) of $2,500,000. These are not actual losses but an estimate of possible losses based on an analysis of outstanding lawsuits and claims history. Each year, the amount is reviewed as a set-aside and adjusted. Next year, the set-aside remains at $2.5M. This does not mean that we spend this amount; it is a reserve fund for future and ongoing claims. The projected expenses for the fund are down by 2% over the prior budget. Recreation Program Fund The cost of the Tennis Center operations budget is being transferred back to the General Fund. A decision on the Tennis Center should be made next fiscal year. Capital Improvement Budget The City staff is still reviewing the construction projects. There are potential changes in the water plant improvements as well as the size of the fire stations on Woolbright and on High Ridge Road. I have included a preliminary Capital Improvement schedule in this budget. However, we will be revising the sheets over the next two weeks as better information about project costs and timing is made available. A special thanks goes to the Budget Review Team of Diane Reese, Dale Sugerman, Mary Munro, Wilfred Hawkins, for their hard work on the document. Special thanks goes also to the department heads that went back into their budgets to make additional cuts that I requested. Cc: CMLT America's Gateway to the Gulfstream o~ ('~1 o A 00 C~ oO O0 O~ ~- ~00~ k-.JO 0 0 0 C:D I'-- 0 0 0 I~ 0 0 0 0 I~ 0 CO 0 0 0 tO 0 0 0 0000 ~000~0000~0 ~00000 O0 0000~000~0000~0~000~000 rn~ zZ OZ Z~ IJJ 0 C> 0 0 0 o0 0 t~ o 0 0 0 0 to 0 o 0 0 Z 0 Z onn 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Z ~0 · ~ .- E 0 0 0 0o O~ 0 0 CO b~ o O0 ~l.u o ~D .-- ~-Z I--Z ~o ,,, =o z LU z O0000000000~ O~ O00 O0 ~0000~ ~ ~0 ~ ~0 ~0~ ~0~ O00 O0 O00000 ~0~ 0 00 000~0 ~ 0000 ~ 0 00 Z 000000000 000 O00000 000000000 000000000 00~00~ 000000000~0000 000000000~0000 0 O00000000~000000000 O0 0 0000000000~000000000 O00 0 ~ 0~0~~00000~000000 I,- w '.5 o · 0 0 ~ o. En E E E ~ o o oz E E~ ,,, 8 m o- > ~ o. '5 o P o-'5 o. 0 o o' E E w o- '~ ~ ~ 'E ~ ,0 ~ t'~ ._ 0 0 0 m tO~ t.0 u_ 0 0 8 0000000 ~ O0 0 ~0~000~ ~ O0 0 0000000 ~ O0 0 0 ~0~0 000 0 ~~0 ~00 0 ~0~0 000 0 ~~0 ~00 0 0 0 0 0 O' r- t- 0 0 CD 0 0 CD 0 0 0 0 0 0 m- o-,- ~ 0 00000000000 0 0 0 00000000000 ~ 0 0 ~~00~00 ~ 0 0 00000000000 0 0 00000000000 ~ 0 ~~00~00 ~ 0 0 00 0 CZ) ~0 00 0 ~0 0 v- 00000000 00000000 00000000 00000000 00000000 00000000 000 000 000 00 O000000000 O00 000000000000000 00 O00~00 ~000~ ~ Z o (J o E m m E E w 0 t- O '~ e- o °o 0 0 0 ~q o§ E o- E CI Z Z Z Z Z o. ~ '-~ Z o ~ Z m 0 m m L> X O0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CHANGES TO 2004~2005 PROPOSED BUDGET GENERAL FUND REVENUES Ad Valorem Taxes (reduce rate to 7.5%) Discount on Ad Valorem Taxes Public Service Tax (City of Boynton Beach - Water 4%) State Shared Revenue Site Plan Approval Fee Fund Balance Appropriated EXPENSES City Hall Holiday Bonus Transfer to Miscellaneous Previous Amount 27,205,255 (952,185) 326,660 1,750,000 75,000 1,460,130 2,370,557 4,744 New Acount 27,186,018 (951,510) 1,93O,O00 15O,0OO 1,658,400 61,665 2,421,684 Increase (Decrease) (19,237) 675 (326,660) 180,000 75,000 198,270 108,048 61,665 51,127 (4,744) 108,048 UTILITIES FUND REVENUES Retained Earnings EXPENSES Utilities Administration Professional Services General Administration Holiday Bonus Tansfer to General Fund Conservation Fund 1,535,088 50,000 2,781,800 125,000 2,082,488 260,800 16,600 3,001,800 225,000 547,400 210,800 16,600 220,000 100,000 547,400 GOLF COURSE FUND REVENUES Reserves Appropriated Retained Earnings Appropriated EXPENSES Golf Course Administration Holiday Bonus Golf Course Maintenance Golf Course Improvements (delete GPS for Golf Cads) 249,908 61,658 225,000 149,908 65,658 4,000 125,000 (lOO,OOO) 4,000 (96,000) 4,000 (lOO,OOO) (96,000) SOLID WASTE FUND EXPENSES Holiday Bonus Transfer to Vehicle Service (one-year adjustment) Reserve for Future Appropriation 806,660 214,077 4,970 659,660 356,107 4,970 (147,000) 142,030 CHANGES TO 2004~2005 PROPOSED BUDGET MASS TRANSIT REVENUE Retained Earnings Appropriated EXPENSES Holiday Bonus Previous Amount 15,000 New Acount 15,550 55O Increase ('Decrease) 55O 55O FLEET MAINTENANCE REVENUE Transfer from Solid Waste EXPENSES Holiday Bonus Reserve for Future Appropriation 806,660 1,045,302 659,660 1,300 897,002 (147,000) 1,300 (148,300) (147,000) WAREHOUSE FUND REVENUE Miscellaneous Income EXPENSES Hoiday Bonus 5,381 6,140 541 759 541 SELF INSURANCE FUND EXPENSES Holiday Bonus Contingency 9,000 3OO 8,700 3OO (300) CEMETERY FUND REVENUE Sale of Lots EXPENSES Holiday Bonus 100,000 100,400 400 4OO 4OO COMMUNITY IMPROVEMENTS FUND REVENUE Fund Balance Appropriated EXPENSES Holiday Bonus 316,674 303,987 12,687 (12,687) 12,687 CHANGES TO 2004~2005 PROPOSED BUDGET PUBLIC SERVICE TAX DEBT SERVICE FUND REVENUES Ad Valorem Taxes Discount on Ad Valorem Taxes Fund Balance Appropriated Previous Amount 1,015,901 (35,557) New Acount 652,464 (22,836) 350,716 Increase (Decrease) (363,437) 12,721 350,716 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 RESOLUTION R04- i q i A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA ADOPTING A PROPOSED MII~LAGE RATE OF 7.5000 FOR THE CITY'S GENERAL OPERATING FUND FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30, 2005 ANNOUNCING THE PERCENT, IF ANY, THE PROPOSED MILLAGE RATE EXCEED THE ROLLED-BACK RATE; ANNOUNCING THE DATE TIME AND PLACE OF THE SECOND AND FINAL PUBLIC HEARING ON THE BUDGET AND MILLAGE RATE; PROVIDING FOR SEVERABILITY, CONFLICTS AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a tentative budget has been prepared estimating expenses and revenues of th. City of Boynton Beach, Florida, for the ensuing year, with detailed information, including revenue~ to be derived from sources other than ad valorem levy, and the administrative staff of the City ha~ made recommendations as to the amount necessary to be appropriated for the ensuing year; and WHEREAS, the City Commission has met and considered the recommendations, thc suggested tentative budget, and the proposed millage necessary to be levied to carry on thc government of the City for the ensuing year; WHEREAS, the City of Boynton Beach, Florida, has followed the procedures as outlineC in Florida Statutes Section 200.065; and WHEREAS, Florida Statutes Section 200.065(5) provides for a ministerial adjustment ol the aggregate millage rate after receipt of the final tax roll. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The proposed Millage Rate for the 2004-2005 Fiscal Year shall be .5000 (for the General Fund), plus 0.1800 for Voted Debt Service for a total Proposed Tentative Iillage Levy of 7.6800 for the 2004~2005 Fiscal Year. \CA'uRESOXBudget\2004-05 Budget'd~roposed millage - Sept 2004.doc 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 Section 2. A copy of the tentative budget shall be published in one issue of a ~ewspaper published in Palm Beach County, Florida, and at the same time the public will be ~otified of a public hearing to be held on the 21st day of September. 2004, at 6:30 for the purpose of hearing objections or criticisms of the tentative budget and millage. This neeting is for the purpose of setting a final tax levy and final budget. Section 3. The proposed millage rate is 10.84% above the computed rolled back 'ate. Section 4. If any clause, section, or other part of this Resolution shall be held by any 2ourt of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid ,art shall be considered as eliminated and shall in no way affect the validity of the other ~rovisions of this Resolution. Section 5. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this. -'] day of September, 2004. iTTEST: CITY OF BOYNTON BEACH, FLORIDA millage - Sept 2004.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 RESOLUTION R04- iq~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING A TENTATIVE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004, AND ENDING SEPTEMBER 30, 2005; PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE. WHEREAS, a tentative budget has been prepared by the City Manager estimating expenditures and revenues of the City for the ensuing year, with detailed information, including revenues to be derived from sources other than ad valorem levy, and he has made recommendations as to the amount necessary to be appropriated for the ensuing year; and WHEREAS, the City Commission has met and considered the recommendations, the suggested budget, and the proposed millage necessary to be levied to carry on the government of the city for the ensuing year; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. Section 1. That the final budget of the City of Boynton Beach, Florida, for the fiscal year beginning October 1, 2004, and ending September 30, 2005, is hereby adopted and the appropriations set out therein are hereby made to maintain and carry on the government of the City of Boynton Beach, Florida. There is hereby appropriated the sum of $56,035,842 ($54,362,442.00 in new revenue plus $1,673,400.00 allocated from reserve fund balance) to the General Fund for the payment of operating expenses and necessary capital outlays for the City Government pursuant to the terms of the above budget. Section 2. That there is hereby appropriated the sum of $986,013.00 to the interest and sinking fund for the general debt service for the purpose of paying the interest, principal and reserve due on the general obligation bonds of the City not subject to statutory exemptions and for redeeming such bonds as they mature. Section 3. That there is hereby appropriated the sum of $55,317,916.00 to the Capital Improvement Fund for the payment of capital outlays pursuant to the terms of the above budget. Section 4. That there is hereby appropriated the sum of $7,269,277.00 to the Solid Waste Fund for the payment of operating expenses and necessary capital outlays. \CA\RESO\Budget\2004 05 Budget\Reso Tent budget - Sept 2004 -.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Section 5. That there is hereby appropriated the sum of $2,752,319.00 to the Golf Course Revenue Fund for operating expenses and necessary capital outlays. Section 6. That there is hereby appropriated the sum of $3,903,584.00 to the Fleet Maintenance Fund for the payment of operating expenses and necessary capital outlays. Section 7. That there is hereby appropriated the sum of $1,260,000.00 to the local Option Gas Tax Fund for the payment of operating expenses and necessary capital outlays. Section 8. That there is hereby appropriated the sum of $22,988,988.00 to the Water and Sewer Utility Fund for operating expenses and necessary capital outlay. Section 9. That there is hereby appropriated the sum of $4,047,008.00 to the Water and Sewer Utility Fund for the purpose of paying debt service due on the Water and Sewer Revenue Bonds, the sum of $3,330,000.00 for renewal and replacement and amortization of its Revenue Bond discounts, for a total of $30,365,996.00. Section 10. That there is hereby appropriated the sum of $257,371.00 to the Warehouse Fund for the payment of operating expenses and necessary capital outlays. Section 11. That there is hereby appropriated the sum of $255,104.00 to Cemetery Fund for the payment of operating expenses and necessary capital outlays. Section 12. That there is hereby appropriated the sum of $4,072,575.00 to the interest and sinking fund for general debt service for the purpose of paying the interest, principal and reserve due on the public service tax bonds of the City not subject to statutory exemptions and for redeeming such bonds as they mature. Section 13. That there is hereby appropriated the sum of $2,087,135.00 to the Self-Insurance Fund for the payment of operating expenses. Section 14. That there is hereby appropriated the sum of $264,262.00 to the Mass Transit Fund for the payment of operating expenses and necessary capital outlays. Section 15. That there is hereby appropriated the sum of $748,225.00 to the Recreation Program Revenue Fund for the payment of operating expenses and necessary capital outlays. Section 16. That there is hereby appropriated the sum of $663,251.00 to the Community Improvements Fund for the payment of operating expenses and necessary :\CA\RESO\Budget\2004-05 Budget\Reso Tent budget - Sept 2004 -.doc 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 capital outlays. Section 17. That there is hereby appropriated the sum of $4,864,102.00 to the Fire Assessment Fund for the payment of operating expenses and necessary capital outlays. A copy of the tentative budget summary shall be published in one issue of a newspaper published in Palm Beach County and at the same time the public will be notified of a public hearing to be held on the 2 1._ day of September, 2004, at 6:30 P.M. for the purpose of hearing objections or criticisms of the final budget and millage. This meeting is for the purpose of setting a final tax levy and final budget. Section 19. All delinquent taxes collected during the ensuing fiscal year as proceeds from levies of operation millages of prior years are hereby specifically appropriated for the use of the General Fund. Section 20. If any clause, section or other part of this Resolution shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and shall in no way affect the validity of the remaining portions of this Resolution. Section 21. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 22. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this -7 day of September, 2004. ATTEST: CITY OF BOYNTON BEACH, FLORIDA ~~n~m/~ ' ssio_ner ~ ~ ~ * _,_~ ~" ~ / . --'*~'~'. ......... 5 Budget\Reso Tent budget - Sept 2004 -.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: Citrus Glen John Schiavo 159 Executive Circle Boynton Beach, FL 33436 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 7, 2004 TYPE OF RELIEF SOUGHT: LOCATION OF PROPERTY: DRAWING(S): Development P&Z Building Engineering Occ. Llcenle ~ City Clerk Master Plan modification to the Citrus Glen P.U.D. to reduce the side yard setback for construction of a pool from twelve (12) feet to four (4) feet and associated pool screen enclosure from twelve (12) feet to zero (0) feet for Lot 1, Executive Estates, in Citrus Glen. South of Miner Road; East of Lawrence Road SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 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 Applic,,ant .v/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 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Citrus Gh In Revised for P&D.doc 1 in. = 500.0 feet AGRICULTURE LAWRENCE. RD D NIC RD NIC LOCATION MAP CITRUS GLEN EXHIBIT "^" 0B/02,/2004. 15:36 5~143' 'SE MIRAGE PO~L$ IN" F:A~' 01/01 EXHIBIT C EXHIBIT D Executive Estates of Boynton Beach Homeowners Association, Inc. 195 Temple Ave Boynton Beach, FL 33436 City of Boynton Beach Department of Development 100 East Boynton Beach Blvd. Boynton Beach, FL 33435 May 28, 2004 RE: Construction of patio and pool at the Schiavo residence - (159 Executive Drive, Boynton Beach, FL 33436) To Whom It May Concern: We the Board of Directors of Executive Estates of Boynton Beach Homeowners Association, Inc., have no objection for John and Marilyn Schiavo of 159 Executive Drive to build a patio to the property line and a pool within three (3) feet of the property line. If you have any questions regarding these matters, please call Art Davidson (of Associated Property Management) at 588-7210 ext. 20. Si~.,rely, Robert Moreno, President For the Executive Estates of Boynton Beach HOA John & Marilyn Schiavo 159 Executive Circle Boynton Beach, FL 33436 Cell: (561) 818-5344 Home: (561) 736-2016 June 9,2004 EXHIBIT E 9 2004 To: The Boynton Beach City Council I '- · _.. My wife and I are submitting the following documents and forms t(~ ~nab'ib' change the set back on my property so that we will be able to put a pool in our yard. We are attempting to put in an approximate 14 x 24 ff in-the-ground pool. (See letter from Citrus Glen Homeowners' Assn.) I am requesting to install this particular size pool in order to allow my wife to do daily water therapy exercises as recommended by her doctor. (See Letter from Dr. Dagher) My wife is supposed to be doing water exercises twice a day in the morning and evening. As you will note by viewing the pool plans, I will be able to go out to our property line with the screen enclosure and then come in 4 ft. to water's edge. There are no homes to the west of my residence-the only building present on the west side of our property being the Boynton Sewer Lift Station. (See the PLAT 1 survey that shows this) This can be a win-win situation for both the city of Boynton Beach and myself-- from a tax stand point and from the therapeutic gains for my wife's back injury. As you will note, from the plans, we intend to follow all other guidelines. We are simply asking for your permission to use the maximum space possible for the pool & screen enclosure. As you will also note, we have a letter from the Homeowners Association stating their approval for us to extend out to the property line with a screen enclosure, allowing adequate space in which to build the pool. We appreciate your time and consideration in this matter. My wife and I await your decision. Enclosures PALII~ GEA~H ~NSTIITUTE OF PAIN MANAGEMENT EXHIBIT 2401 SOUTH SEACREST BLVD, o BOYNTON BEACH, FL 33435 (561) 733-8133 o FAX (561) 733-6670 F SAMI i. DAGHER, M,D. ANESTHESIOLOGIST FELLOWSHIP TRAINED IN PAIN MANAGEMENT To Whom It May Concem: Ref: Marilyn Schiavo April 22, 2004 ADVANCED APPROACH FOR THE TREATMENT OF PAINFUL CONDITIONS OF THE SPINE ANDTHE NERVOUS SYSTEM PRACTICE FOCUS: LOW BACK PAIN SCIATICA THORACIC & NECK PAIN ARTHRITIS HEADACHES CANCER PAIN SYMPATHETIC DYSTROPHY AND OTHER PAINFUL NERVE DISORDERS Dear Sir or Madam: Mrs. Schiavo is a patient of mine who has been treated for Iow back and bilateral lower extremities pain due to disc herniations at L4-5 and L5-S1 and spondylitic changes in the lower lumbar facet joints. It would be very important for her to be able to exercise in a water environment for these conditions, If you have any questions please do not hesitate to contact. Sincerely, .; ...., ,"F~ u~ ~:~ ~. Samil Dagh~r, M.D. EXHIBIT "G" Conditions of Approval Project name: Citrus Glen File number: MPMD 04-003 Reference: Master Plan Modification identified with a June 9 Planning & Zoning date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: 1. Prior to construction of the pool, applicable permit shall be obtained and the X construction shall comply with 2001 Florida Building Code, chapter 424. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X I I Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. L~^ S :\Planning\SHARED',,WP\PROJECTS\Citrus GlenWIPMD\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Quantum Park Lot 3 APPLICANT'S AGENT: Mr. Aaron P. Bowles, President, Boynton Beach Lions Club AGENT'S ADDRESS: 3615 West Boynton Beach Blvd., Boynton Beach, FL 33436 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 7, 2004 TYPE OF RELIEF SOUGHT: Request use approval for Lions Club Meeting Hall on Lot 3 in the Quantum Park PID. LOCATION OF PROPERTY: Lot 3, Quantum Park PID DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. Development P&Z Building Engineering Occ. License _~ City Clerk X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 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". TheApplicant'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. DATED: S:\Planning\SHARED\WP\PROJECTS\Quantum Lot 3\USAP 04-005/Lions Club\DO USAP 04-005.doc All further development on the property shall be made in accordance with the terms and conditions of this order. Other ~// CityClerk Location Map Quantum Park Lot 3 EXHIBIT "A" L-21 ~Ud C3 PI PI PHONE EXHIBIT B BOYNTON BEACH LIONS CLUB 3615 West Boynton Beach Blvd., Boynton Beach, Florida 33436 732-9664 June 3, 2004 City of Boynton Beach Boynton Beach, FL Re: Proporty Purchase Lions Club To Whom It May Concern: Meet With Us Tuesday - 6:30 P.M. The Lions Club ofBoynton Beadh, Florida is purchasing a property in the warehouse center known as West Quantum Plaza. This property, 2439 Quantum Blvd, is being used to serve as a common meeting area for the members of the Lions Club to carry out their mission statement and take care of any business at hand. The property will abide by all zoning codes such as: 1. Property will not be a nuisance or hazard to any persons, animals, vegetation or property located on or nearby property. 2. Will not create any vibration, noise, smoke, dust, toxic or noxious matter, odors, etc. 3. No chemical hazards, explosive materials, liquid waste discharge, or solid waste accumulation. 4. No heat, humidity or glare shall be can-led out. 5. No Electromagnetic interference shall be carried out to create electromagnetic radiation which would cause abnormal degradation of performance of any electromagnetic receptor. 6. We will not generate any hazardous waste or have hazardous materials. Should we encounter such materials, we will follow Federal Regulations and local code to properly dispose and report such findings. The Lions Club recognizes the local zoning requirements and will abide by these statutes. We sincerely request from the City of Boynton Beach approval to purchase this property for the intended use of holding our weekly meetings. If you have any questions regarding this memo or our intensions for this property, please feel free to contact me at the following number: (561) 732-3026. President ~"//'- ' ~'/.,~1- f.~ 0. /I,C RON P. BOWLES BOWLES ~.~ ~ u-~ RESIDENTIAL * OOMMEROIAL * INDUSTRIAL ..561-732-3026 rx561-733-6'133 EXHIBIT "C" Conditions of Approval Project name: Quantum Park DR/Lot 3 File number: USAP 04-005 Reference: Quantum Park DRI Use List Revision Request (Lions Club) DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING 1. The owner of Quantum Park Lot 3 has agreed to monitor the future business X of each tenant and their required parking. This monitoring system would be accomplished by using a spreadsheet. This spreadsheet would be Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT continuously maintained by the property owner or property owners association and submitted to the Building Division during the permitting process for interior renovations. In addition, the property owner (or tenant) would submit this updated spreadsheet to the Occupational License Division when applying for an occupational license for a future business. Staff agrees with this monitoring system and further recommends that no occupational licenses or building permits be issued until the applicant formally and satisfactorily demonstrates compliance with all applicable parking requirements. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. ~ S:\Planning\Shared\Wp\Projects\Quantum Lot 3\USAP 04-005/Lions Club\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: APPLICANT'S AGENT: AGENT'S ADDRESS: Jesus Christ Church of Latter Day Saints Mr. Franz J. Shropa, AIA 300 Northwest 70th Avenue, Suite 205 Plantation, FL 33317 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 7, 2004 TYPE OF RELIEF SOUGHT: Request major site plan modification for a 5,004 square foot addition to an existing church on a 4.26-acre parcel located in the PUD zoning district. LOCATION OF PROPERTY: Northeast corner of Woolbright Road and Knuth Road. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 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 Applicj,a~t · ?. 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 Applica. pt'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. o All further development on the property shall be made in accordance with the and conditions of this order. 7. Other DATED: City Cl~ rk S:\Planning\SHARED\WP\PROJECTS\Church of Jesus Christ of Latter-Day- Saints\MSPM 04-002 Expansion\DO.doc LOCATION MAP THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS EXHIBIT "A" BOYNTON BEACH BLVD. ! SITE WOOLBRIGHT ROAD BO YNTON BEA CH, FL 0 R IDA (NOT TO SCALE) EXHIBIT "B" EY~III~IT "1~" -- J ! EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" EXHIBIT "C" Conditions of Approval Project name: Jesus Christ Church of Latter Day Saints File number: MSPM 04-002 Reference: 2nd review plans identified as a Major Site Plan Modification with a July 20. 2004 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X ENGINEERING DIVISION Comments: 1. Show all existing utilities on Site Development plan (LDR, Chapter 4, X Section 7.A.3). 2. Show all existing drainage on the plans. Show or provide documentation that X the existing and proposed storm water system is adequate to handle the proposed addition. 3. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5, will be required at the time of permitting. 4. Paving, Drainage and site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. UTILITIES I Comments: 5. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. (500 g.p.m, some residential developments) with 20 p.s.i, residual pressure as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b)). COA 08/20/04 2 DEPARTMENTS INCLUDE REJECT 6. Utility construction details will not be reviewed for construction acceptability X at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. FIRE Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: 7. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 8. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 9. Vertical accessibility to the second floor area shall be required per the 2001 X FBC, Sections 114.1.2, 11-4-1.3(5) (New Construction) and Section 114.1.6 (Alterations). 10. From the FIRM map, identify in the site data the title of the flood zone that X the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. 11. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: ~ The full name of the project as it appears on the Development Order and the Commission-approved site plan. ~ The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) COA 08/20/04 3 DEPARTMENTS INCLUDE REJECT 12. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 13. This structure meets the definition of a threshold building per F.S. 553.71(7) X and shall comply with the requirements of F.S. 553.79 and the CBBA to the 2001 FBC, Sections 105.3.1 through 105.3.6. The following information must be submitted at the time of permit application: The structural inspection plan must be submitted to the enforcing agency prior to the issuance of a building permit for the construction of a threshold building; All shoring and re-shoring procedures, plans and details shall be submitted; All plans for the building that are required to be signed and sealed by the architect or engineers of record shall contain a statement that, to the best of the architect's or engineer's knowledge, the plans and specifications comply with the applicable fire safety standards as determined by the local authority in accordance with this section and F.S. Section 633. 14. The minimum number of sanitary facilities shall comply with the 2001 FBC, X Plumbing, Table 403. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: 15. At the time of permitting, a revised landscape plan plant list is required to X ensure compliance with Chapter 7.5, Article II, Section 5.P. of the Land Development Regulations. The plans should provide the overall percentage of native plant material by the following categories: canopy trees, palm trees, and shrubs / ~roundcovers to ensure compliance with this code requirement. PLANNING AND ZONING Comments: COA 08/20/04 4 DEPARTMENTS INCLUDE REJECT 16. The Traffic Division certifies that the proposed expansion meets the Traffic X Performance Standards (TPS) of Palm Beach County. However, no building permits are to be issued after the 2005 build-out date. 17. The parking calculation table (as shown on sheet PZI.1) should indicate that X 136 parking spaces are required and that the plans provide an extra parking space. Revise the note to reflect the same. 18. On the site plan tabular data (sheet SDI.1), indicate all project information X under the "sq. ft" and "% of site" and ensure that it is complete and accurate. PLANNING & DEVELOPMENT BOARD CONDITIONS: Comments: 19. None X CITY COMMISSION CONDITIONS: Comments: 20. To be determined. ~ MWR/elj S:\Planning\SHARED\WP\PROJECTS\Church of Jesus Christ of Latter-Day- Saints\MSPM 04-002 Expansion\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Lakes Plat No.2 Abandonment APPLICANT'S AGENT: Kristen Conti - Jeannie Heavilin APPLICANT'S ADDRESS: 530 East Ocean Avenue, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 3, 2004 Op.~.,~ oq-o-~o TYPE OF RELIEF SOUGHT: Request abandonment of a podion of a utility easement located on Lot 3 of Block 26 Boynton Lakes Plat No. 2. LOCATION OF PROPERTY: 3 Boswell Place, Boynton Beach, FL 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 X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 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 Applicj,ant ,,,,~'.. 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 5. 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: q - I O- O~ /~ ~ / city S:~Plannlng\SHARED\WFAPROJECTS~Boynton LakesV~,AN 04-006~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 .23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 ORDINANCE NO. 04- 0'70 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORDA, AUTHORIZING ABANDONMENT OF A PORTION OF A UTILITY EASEMENT LOCATED ON LOT 3 OF BLOCK 26, BOYNTON LAKES PLAT NO. 2 (ABAN 04-006); AUTHORIZING THE CITY MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVDING AN EFFECTIVE DATE. WHEREAS, Sara L. Valashinas, through her agents, Kristen Conti and Jeannie teavilin, is requesting abandonment of a portion of a utility easement located on Lot 3 of llock 26, Boynton Lakes Plat No. 2; and WHEREAS, comments have been solicited from the appropriate City Departments, [nd public hearings have been held before the City's Planning and Development Board, and he City Commission on the proposed abandonment; and WHEREAS, staff has determined that the utility easement provides no public ervice; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF ?HE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated ~erein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, does ereby abandon a portion of a portion of a utility easement located on Lot 3 of Block 26, 3oynton Lakes Plat No. 2, and more particularly described in the attached Exhibit "A." A ocation map is attached hereto as Exhibit "B." Section 3. The City Manager is hereby authorized and directed to execute the tttached Disclaimer and cause the same to be filed, with this Ordinance, in the Public ~ecords of Palm Beach County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. FIRST READING this I"l day of ~%tt~T ,2004. ;:\CA\Ordinances'v~bandonments\Abandonen'~nt -Boynton Lakes 04-006.doc 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 SECOND, FINAL READING AND PASSAGE TI-IlS day of ,2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ~TTEST: Commissioner ~'ity Clerk :\CA\OrdinancesgAbandonmentsgAbandonement -Boynton Lakes 04-006.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 EXHIBIT "A" Utility Easement to be abandoned, the west 2.3 feet of the east 6.5 feet Lot 3, Block 26, Boynton Lakes Plat No. 2, as recorded in Plat Book 46, Page 138, of the Public Records of Palm Beach County, Florida. The existing utility easement as recorded in the memorandum of abandonment and relocation of utility easements, in Official Record Book 5466, Page 641, of the Public Records of Palm Beach County, Florida. Said easement being a portion of Lot 3, Block 26, Boynton Lakes Plat No. 2, as recorded in Plat Book 46, Page 138, of the Public Records of Palm Beach County, Florida. S:\CA\Ordinances",Abandonments¥~,bandonement -Boynton Lakes 04-006.doc I in. = 100.0 feet i i ;ONGRE: BOYNTON LAKES PLAT # 2 LOCATION MAP EXHIBIT "A" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon a portion a utility easement located on Lot 3 of Block 26, Boynton Lakes Plat No. 2, and more particularly described in the attached Exhibit "A". IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this __ day of September, 2004. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Janet Prainito City Clerk Kurt Bressner, City Manager STATE OF FLORIDA ) )SS: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this __ day of September, 2004. NOTARY PUBLIC, State of Florida My Commission Expires: S:~CA\OrdinancesV\bandonrnents~Abandonement -Boynton Lakes 04-006.doc 5 6 8 9 10 11 12 13 14 15 16 Utility Easement to be abandoned, the west 2.3 feet of the east 6.5 feet Lot 3, Block 26, Boynton Lakes Plat No. 2, as recorded in Plat Book 46, Page 138, of the Public Records of Palm Beach County, Florida. The existing utility easement as recorded in the memorandum of abandonment and relocation of utility easements, in Official Record Book 5466, Page 641, of the Public Records of Palm Beach County, Florida. Said easement being a portion of Lot 3, Block 26, Boynton Lakes Plat No. 2, as recorded in Plat Book 46, Page 138, of the Public Records of Palm Beach County, Florida. S:\CA\OrdinancesV~3andonments~bandonernent -Boynton Lakes 04-006.doc I in. = 100.0 feet :ON EXHIBIT "A" BOYNTON LAKES PLAT # 2 LOCATION MAP .~h M.:Tuok~r. I~.L$. LAND EXHIBIT "B" ~ONSTflt~ON LA¥C 310 80UT~ FEDERAL HIGHWAY - P.O. BOX 7~g - BOYNTON BEAOH, FLORIDA BOYI, ffON BEACH Phone {r:~l) 737.&.~4~ · F~ (r~l) 1t4.7r:4~ BOYNTON LAKES PLAT NO. 2 LOT 3; BLOCK 26 2.3 ]FOOT EASlr. M~,NT TO BE ABANDONED EASEMENT TO BE ABANDONED, THE WEST~?o~ FEBT OF THE BA~T 6.5 FEET OF THE LrDZ_ .]TYEASEbiENT AS KECORDED IN THE MEMORANDUM OF ABANDONMENT AND KELOCATION OF UTH.ITY I~.qI~MNI~FS, IN OFFICIAL RF. CORD BOOK 54~, PAGE 04 I, OF THE PUBLIC ~KDS OF PALM BEA(~ COUNTY, FLOKIDA. SAID EAS~ BEING A PORTION OF LOT 3, BLOCK 26, BOYNTON LAKES PLAT NO 2, A~ RF_,CORDI~D IN PLAT BOOK 445, PAGE 26, OF ~ PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA ·. CERTIFICATION I HEREBY CERTIFY THAT TH~ DF~~ON AND.A~-rACI-IRD. SKETCH OF'DF.~CRIPTION ~ ~~ ~ ACCO~~ ~ ~ S~~O ST~~S, C~ 610176, ~A ~u~ c~ ~ ~o~m ~v ~ ~o~A so~ o~ ~o~m~~~o~ ~ ~ o~ A ~A U~~ ~~O~ ~ ~ ~ ~~O, ~~ ~T O~ ~ ~ FOR ~~~ON P~OS~ O~Y ~ IS NOT V~. ." ~~~~ DA~; ~~ , '~J. ~m~ ~ s~o~o. 3~. ~TA~ OF ~A NOT~; THIS IS NOT A SKETCH OF SURVEY,~rr ONLY LB 2102 _ _ Joe Tucker A ~c ~oN o~ ~ D~~~O~ I ..... ~ X _ / .......... ~o~, ~~ ~NO~W~~O I ~ ~ ~ '~' co~~~~~~0~-~'~: ..' '. I - · '.. NOra; LANDS ~..IOWN H~N WERB NOT AB~.C..I'ED FOR RII3R~S OF WAYS F,A~3MI~I~FI~ OF RI3SI3RV~ONS LAND SURVEYORS EXHIBIT "B" OON81RUOllON LA, yOU' 219 $.E. 23rd STREET - P.O. BOX 759 - BOYNTON BEACH, FLORIDA 33435 BOYNTON BEACH Phone (561) 737-8546. Fax (561) 734-7546 EXHIBIT "BI" APPLICANT JUSTIFICATIO EXHIBIT A TO ABANDONMENT PETITION OF SARA L. VALASHINA$ The legal description of the subject lot is the following: Lot 3, Block 26, Boynton Lakes Plat No. 2, according to the Plat thereof, recorded in Plat Book 46, Page 148 of the Public Records of Palm Beach County, FI. (a copy of the plat and survey are submitted herewith) The utility easement that is the subject of this Abandonment Application was created by the above referenced plat over the rear of the subject lot, specifically, the easement as originally created was the East 12 feet of Lot 3, Block 26, Boynton Lakes Plat No. 2. The City adopted Resolution 87-YY on July 23, 1987. This Resolution by its terms abandoned the entire 12' easement. Please see Exhibit A to the Resolution 87-YY Page 4 of'4 and you will see that the third legal description from the bottom of this page is 'The East 12 feet of Lot 3, Block 26 of said plat: Boynton Lakes Plat No. 2 (P.U.D.)" HoweVer, the City approximately 3 months after the adoption of Resolution 87-YY required the developer, Lennar Homes, Inc., to record-a Memorandum of Abandonment and Relocation of Utility Easements dated October 29, 1987 which reestablished the easement to be the East 6.5 feet of Lot 3, Block 26. In 1994 the City issued a permit to construct a roofed screened in porch to the rear of the subject property and issued a final inspection approving its construction. The porch encroaches 2.2 feet into the remaining easement. The abandonment request is to abandon an additional 2.3 feet of the remaining easement to cure the encroachment. This would leave the ori$1nal easement width at. 4.2 feet ~ (however, see below, remaining easement area is aotually 10.7 feet). It is respectfully requested that the legal description for the abandonment be the following: ~[he West 7.8 feet of the East 12 feet of Lot 3 Block 26 Boynten Lakes Plat No. 2, according to the Plat thereof, recorded-in Plat Book 46, Page 148" '1. The actual width of the remaining easement is 10.7 feet because in the Memorandum of Abandonment and Relocation of Utility Easements there was an addlitional 6.5 foot in width (length-200 feet) easement created behind Lots 2-5, inclusive, of Block 26; The legal description for this additional easement area is on the last page of the forgoing Memorandum and is the last legal description on that page. Please find attached hereto a Special Purpose Survey done by Richard g Shepherd and Assoolates dated 6/21/04 that shows graphically this survey submitted herewith). This additional easement area is not part of the lots referred to, it is behind and abuts the lots. EXHIBIT "C" Conditions of Approval Project name: Boynton Lakes Plat No. 2 File number: ABAN 04-006 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Commems: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DMSION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Conditions of Approval 2 Comments: None DEPARTMENTS PRIVATE UTILITIES INCLUDE X Comments: 4. Adelphia: None. X 5. Florida Power & Light: None. X 6. Florida Public Utilities Company: None. X 7. Bellsouth: None. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS X Comnlents: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. 8:~Plannlng~SHARED\WP~ROJECTS~Boynton Lakes~ABAN 04-006~COA.doc REJECT