Minutes 03-01-05MINUTES OF THE CITY COMMISSION MEETING HELD IN THE
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
ON TUESDAY, MARCH 1, 2005, AT 6:30 P.M.
Present:
Jerry Taylor, Mayor
Mack McCray, Vice Mayor
Mike Ferguson, Commissioner
Bob Ensler, Commissioner
Carl McKoy, Commissioner
William Bingham, Fire Chief/Acting City Manager
Jim Cherof, City Attorney
Janet Prainito, City Clerk
OPENINGS:
Call to Order- Mayor Jerry Tarylor
Invocation - Rev. Randall Gill- 1st Presbyterian Church
Pledge of Allegiance to the Flag lead by Commissioner Bob Ensler
Mayor Taylor called the meeting to order at 6:31 p.m. and indicated Commissioner
McKoy was caught in traffic and would be arriving momentarily. Also, hopefully the Vice
Mayor was on his way. A quorum was present so the meeting proceeded. Reverend
Randall Gill offered the invocation, followed by the Pledge of Allegiance to the Flag lead
by Commissioner Ensler.
Vice Mayor McCray and Commissioner McKoy joined the meeting.
D. Agenda Approval
1. Additions, Deletions, Corrections
Motion
Commissioner Ferguson moved to approve the agenda. Motion seconded by
Commissioner McKoy and the motion carried. (Vice Mayor McCray deferred vote until
staff arrived.)
Vice Mayor McCray inquired why the Car Wash on Congress Avenue item was
removed from the agenda. Commissioner Ensler replied it was under the Future
Agenda Items, H, listed as Zoning in an M-1 District. It was Vice Mayor McCray's
understanding that anything in the hopper would stay and yet this was removed and he
wanted an explanation.
Attorney Cherof indicated the Car Wash issue was on the next agenda. There was a
time lapse between going to P & D and getting to the Commission agenda. It also has
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to go before the CRA in this particular case. Therefore, it is not off the agenda but in its
regular sequence and coming in the future. Commissioner Ensler added he had
received a memo advising the car wash had to go on the next CRA meeting and based
on the timing, go through the review, then to this Commission the beginning of April.
Attorney Cherof deferred to Mr. Greene or Mr. Rumpf on the actual sequence.
Vice Mayor McCray stated he wanted to wait on the deferment before he would vote on
the agenda. Mayor Taylor indicated the meeting would move forward and return to the
issue when staff appeared.
II. OTHER:
A. Informational Items by Members of the City Commission.
Chief Bingham gave an update on Mr. Bressner and Mr. Hawkins. Mr. Bressner is
doing better and Mr. Hawkins is home from the hospital. The request was made to
keep the two gentlemen in your thoughts and prayers for their continued improvement.
Both gentlemen have expressed their appreciation for the cards and concerns.
Vice Mayor McCray asked if Mr. Hawkins was receiving phone calls. Chief Bingham
replied yes.
Chief Bingham also introduced to the Commission and the Public, the new Director of
Utilities, Mr. Kofi Boateng. He is a professional engineer with 15 years of experience in
the operation and maintenance function of water and wastewater utilities. He worked in
Dallas, Texas and Washington DC in the public sector since 1989. Most recently he
was the Director of the Department of Water Services of the District of Columbia Water
and Sewer Authority. In Dallas, he managed a pumping operation of a water
distribution system that served 1.9M people. In Washington, DC he oversaw $100M in
facility renovation and lead an implementation of an enterprise assets management
program valued over $10M. He has a BS Degree in Chemical Engineering, a BA
Degree in Mathematics and a BA in Physics. He is certified as a Professional Civil
Engineer. Kofi Boateng was welcomed on behalf of the City Manager.
Vice Mayor McCray wanted to know if anybody else from the group of elected officials
had not met with Mr. Boateng before he was hired for the City of Boynton since that was
his request for upper level positions. Mayor Taylor indicated he did not meet with him.
Commissioner McKoy has met with him since his hire, but not prior. Commissioner
Ferguson had not met with him. Commissioner Ensler was introduced to him but was
not certain if it was before or after the date of hire.
Kofi Boateng said he was honored to be in Boynton Beach and was looking forward to
working with everyone.
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As an informational item, Mayor Taylor announced the Board dinner had been set for
April 11th, a Monday night, at Benvenuto's. Invitations should be sent out shortly.
Usually cocktails are served at ^;30 and the dinner follows.
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Commissioner Ensler commented on disabled veterans and asked that in addition to the
considerations provided for minorities in business with the City, that consideration
should be given for City business for disabled veterans.
Mayor Taylor returned to the agenda issue raised by Vice Mayor McCray regarding the
car wash. Mike Rumpf indicated the Code review item is circulating through the boards
before it comes to the Commission. It will go to the CRA and since that meeting is late
in March it will have to wait until April before it comes to the Commission agenda. It will
appear as a consent item to test the waters and get feedback from the Commission. If
approved at the Commission level it will then go back through the ordinance process
including legal notification and preparation or ordinances to hopefully be finalized in
May.
Vice Mayor McCray inquired why the item appeared on the agenda for the agenda
preview conference. Commissioner Ensler clarified the item was not on the agenda, but
he had brought it up at the pre-agenda meeting as a concern. He will discuss the issue
further under Future Items and discuss the M-1 zoning and arterial roads.
III. Announcements, Community & Special Events and Presentations:
B. Community and Special Events
WAYNE SEGAL, Public Affairs Director. reported Senator Ron Klein would be present
on Thursday at 10 a.m. for a town meeting in Commission Chambers. This is not a City
sponsored event. Everyone is welcome to come and participate.
Mayor Taylor asked for the topic of the meeting. Mr. Segal did not have any further
information except it was a town meeting.
Mr. Segal announced the Medieval Faire would be held March 19th and 20th at Jaycee
Park hosted by Commissioner Ferguson. This is the second annual event and it is
expected to be bigger and better. Tickets are available at City Hall, City Hall in the Mall
and online at TicketWeb.com.
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Also, April 16th will be the Concert on the Green at the Links featuring Bad Company
lead singer Brian Howe. Tickets are also on sale at the same locations.
C. Presentations
"The Utel Project - Workforce Development" presented by Quetel
Osterval, President and Julie Feliciano, Vice President.
Quetel Osterval, President of The Utel Project acknowledged the time limitation
requested by the Commissioners and promised to limit his talk to seven minutes. He
introduced Julie Feliciano, Vice President of Utel.
Julie Feliciano offered her thanks to the Commission for allowing the presentation and
especially thanked Commissioner Ferguson and Vice Mayor McCray who had attended
several presentations at their store. Also thanks to Gladys who is representing
Commissioner Greene.
Quetel Osterval explained he has been with the project since 1998 trying to train people
in need of assistance in the technology field. Basically Utel is a technology company
with their own computer line. They design their own software and hardware including
computer training for every level.
Julie Feliciano addressed the fact there are many issues pending within our
communities, which are the moral breakdown of families and family values. Utel's focus
is bringing the families back together by creating a better work force. Parents can
spend more time with their children instead of working several jobs.
Examples were cited by Mr. Osterval such as language barriers and excuses that
prohibit people from moving forward. Habits such as smoking can lead to drug use and
dropping out of school. Then greed and need leads to stealing and causing problems in
our communities including child pornography or prostitution and pregnancy. This cycle
leads to domestic violence and child abuse that learning technology can help people
break the cycle.
The commitment was made by Ms. Feliciano on behalf of Utel to City leaders and the
community to try and make things better. The Utel project facilitates training for at-risk
families using tangible techniques to become skilled workers in a short period of time.
Families need better jobs now and to be prepared to keep up with society.
Development of programs through the workforce is necessary to keep the family bond
together.
According to Mr. Osterval the families need to be trained and placed in jobs by
allocating computer technology centers in every corner of the communities. This will
not eliminate crimes, but reduce crime in these areas.
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Ms. Feliciano stated the Utel project has been tested over the last three years
graduating over 1000 families with 82% now working for companies such as Home
Depot, Office Depot, Walmart, Target, Lowe's, chiropractors and lawyers' offices.
The average pay for Utel graduates has increased from $6 an hour to $18 an hour.
The project is ready to move forward after receiving support from community leaders.
A solution needs to be reached by receiving the collaboration of the leaders of the
community in order to establish technology centers throughout the darkest corners of
the communities of families at risk. Training and placement is essential for the success
of the program and the people. Certified teachers are used to instruct the parents and
their children on the functionality of computer technology. The program does not focus
on just the parents but the whole family. If the children have more knowledge than the
parents the child feels superior and the parents have lost their respect.
What Utel needs is help to provide great technology centers to train families for better
paying jobs, encourage other leaders to support this project, use technology for
community outreach programs and identify sources of funding to help families benefit
from the program.
Ms. Feliciano stated the vision for the communities is to have larger labs throughout
Palm Beach County. Mr. Osterval added the project reaches beyond Palm Beach
County to anywhere families need help. Palm Beach County should be an example for
other states. Hope can make things happen. Besides money, participation is needed to
support the community. Empower the community by caring and neighborhoods will be
safer.
Mr. Osterval introduced Howard Levy the accountant for Utel.
Commissioner Ferguson noted that Commissioner Greene is in favor of supporting this
program. She needs some kind of resolution or endorsement of the program in order to
proceed. Commissioner Ferguson endorses the program and stated he has seen the
project and thinks it is a marvelous program.
Mayor Taylor asked for clarification of what the Commission was being asked to do.
Mr. Osterval answered locations need to be found to set up computer labs for training.
Utel is trying to determine what jobs are needed and then Utel helps families to get
those job positions. A place for training is needed, computers are needed and basic
funding to train families.
Mayor Taylor asked Mr. Osterval to explain their current funding sources. Mr. Osterval
replied Utel sells computers and use of the internet. Mayor Taylor inquired if Utel had a
location currently where people are being trained. The address is 407 S. Federal
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Highway in Boynton Beach. He further questioned how many people were currently
being trained. The answer was 54 per class in four sessions per day. How do these
people pay for the class? Doctors and lawyers give money to get them started.
Mayor Taylor further explained his thinking that the project is basically a charter school
based on technology and computers. All financial information refers to government
grants or other sources and students have to pay tuition. Management includes
significant salaries and the only financial source is grant money, asking government for
the money. Charter schools form a company and then ask government for grants and
they do make money. Eight-five percent of Charter schools in the state are failing.
Mayor Taylor expressed his concern that these companies are set up as businesses,
but rely on government for funding. He agrees with the concept of helping people learn
and get better jobs, but charter schools take money away from the public school
system.
Mr. Osterval stated his was not a charter school, but training families to learn a trade to
put them in the work force. Qualified people are needed to teach the people a true
trade. Utel is a non-profit organization that happens to run a school. It has a well
managed organization to train families.
William Levy, the accountant for Utel, added he put in the salaries what the people
deserve to make. Their main goal is to make the project happen and help the
community. Those figures could be adjusted out. The profit isn't really a profit. The
second year the profit goes down due to inflation and costs will go up. It is more of an
unforeseen things happen reserve.
Gladys Whigham on behalf of Commissioner Addie Greene. Ms. Greene has gone to
the facility and seen the program and it is not a charter school. Ms. Greene would not
take taxpayers' money and channel it into a charter school. However, Ms. Greene
could not be present because the County Commission meeting ran over. She would ask
the Commission to consider this project and she will lend support to it.
Vice Mayor McCray reiterated there is a need. It is not just for children, but older
citizens to give back to the community. He suggested a letter from Commissioner
Greene may be appropriate stating her views. If there is funding through Workforce
Development in lieu of helping them, it should be pursued. The presentation was for
informational purposes on what was going on within the City. He strongly suggested
visiting the center as he was very impressed with the facility.
Mayor Taylor confirmed that the Workforce Development is the key source.
IV PUBLIC AUDIENCE
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Herb Suss, Quail Run said homes are being built but not affordable for everyone.
Much of the housing stock is not affordable for Iow and middle income people. We
need to salvage housing for Iow income. Also there was a CERT drill a week ago, and
people need to think about it with the upcoming hurricane season. Help is needed.
Adequate pay for the police is an issue with the stalled negotiations and Iow morale.
Police deserve not only a decent starting salary but they should know what steps are in
line to get ahead. The compliment of police is Iow. He requested the Commission to
put the police on the agenda and get the negotiations out of stalemate.
Warren Timm 130 NE 26th Avenue stated it was a busy week at Village Royale on the
Green. Visits were made by the Fire Department, Safety, Emergency Service. He
complimented the city on their efficiency, politeness and help they were to the residents.
Also on the Consent Agenda, Item H, the language is not understandable and he
requested it be explained.
Mayor Taylor suggested someone will pull the item so it can be discussed.
Buck Buchanan, 807 Ocean Inlet Drive, Immediate President of INCA, spoke on
behalf of INCA. At the last meeting of INCA a resolution was passed unanimously
concerning compatibility. A letter was submitted to all Commissioners and the clerk and
read into the record. In summary, redevelopment should be welcomed by the residents
but instead it incites fear in neighborhoods due to incompatibility. New regulations were
enacted, particularly IPUD and Mixed Use Low promoting growth but requiring
compatibility. Due to problems in the first instance, it is evident that compatibility should
be a burden on the developer, City, CRA staff and residents of nearby neighborhoods to
ensure compatibility. A two-step process could eliminate problems by establishing a
standard. First, before plans are submitted the developer should access compatibility
needs in the area through resident interviews, special assessments, historical
information and/or other research techniques. The developer would then submit a
summary of those findings. Second, the developer would need to demonstrate
compatibility. This would promote desireable growth and yet preserve and protect
neighborhoods. The suggestions were not made to amend the resolutions, simply a
change in procedures for City staff. INCA would be happy to work with the City to
make the necessary changes.
Lisa Landis, 620 NE 20th Lane, a 25 year resident of Boynton Beach stated her
concern regarding the lack of a sign for Boynton Beach High School. She had written to
the School Board and Mayor about the lack of a sign. The School Board had written her
on December 13th saying they would cooperate with the City. The City wrote on
January 28th indicating they would cooperate with the School Board. Concessions have
been made on height and density and many projects are ongoing in Boynton Beach, yet
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the high school does not have a sign. She felt the situation was very disheartening.
Substitute teachers and parents going to conferences have difficulty finding the school.
She pointed out that other new schools have signs in place. She questioned where
does the buck stop and the sign come up.
Mayor Taylor replied it was being worked on and he will send her an update.
Vice Mayor McCray added that Kurt Bressner and the Principal of Boynton High were
working on the sign prior to Mr. Bressner's illness. Contacting Mr. Bressner may
provide a date for possible resolution of the sign issue. He apologized for the delay.
Commissioner Ensler agreed with Ms. Landis that finding the high school is a problem
as he has experienced in developing a symphonic orchestra in Boynton Beach and
setting up meetings and rehearsals. He agreed to help move the sign issue forward.
Bob Brown 701 South Seacrest wished Mr. Bressner well, but wondered how Chief
Bingham became Acting City Manager.
Mayor Taylor explained that Assistant City Manager Hawkins is ill and Assistant City
Manager, Dale Sugarman had left the City to work for Highland Beach. Kurt Bressner
,who is recovering at home, appointed Chief Bingham as the Chief Administrative
Officer until he returns. Mr. Brown asked if there was a protocol and the Mayor
answered, no, the City Manager appoints somebody.
Mr. Brown addressed the Proposed Ordinance 05-005 on the Agenda under Legal A.4.
Mayor Taylor pointed out the public audience was for items not on the Agenda and the
matter could be addressed when appropriate.
Next, Mr. Brown indicated he had been denied speaking to the Chief of the Fire
Department by the Assistant City Attorney and requested he be allowed to speak with
the Fire Chief. Mayor Taylor asked if there was a reason given by the Assistant City
Attorney for not allowing access to the Chief. Mr. Brown said the Assistant City
Attorney was being very curt, coy and uncooperative. Mayor Taylor asked the City
Attorney to look into the situation.
Lastly, Mr. Brown offered his assistance in funding half of the high school sign and
would submit samples for approval.
No one further having come before the Commission, the public audience was closed.
V. ADMINISTRATEVE:
A. Accept the resignation of .loan C. White, Regular member of the Senior Advisory
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C.
Motion
Board.
Accept the resignation of Anne Vonick, Alternate member of the Advisory Board
on Children & Youth.
Accept the resignation of Patti Hammer, Regular member of the Code
Compliance Board.
Commissioner Ferguson moved to accept the resignations.
seconded the motion and it passed unanimously.
Vice Mayor McCray
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 - February 11,2005
Regular City Commission Meeting - February 15, 2005
Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2004-2005 Adopted Budget
Approve a piggy-back with Broward County on Bid # P-Y-02-275-B1;
Emergency :Installation and Repair Service for Water and Sewer to
Jackson and Sons Construction Company of Pompano Beach, FL in the
amount of $277,170.00
Vice Mayor McCray pulled item B. 1 from the Consent Agenda for discussion.
C. Resolutions:
Vice Mayor McCray
Proposed Resolution No. R05-012 Re: Approving and
adopting grant funding policies ('T,4BI. ED TO lifARCH .~5, 2005)
pulled item C. 1 from the Consent Agenda for discussion.
Proposed Resolution No. R05-034 Re: Authorizing
the execution of Agreement for Water Service Outside the City Limits with
Victor R. Melendez for the property at 1042 Peak Rd., Lake Worth, FL
(Ridge Grove ADD No 1, LT 222)
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Vice Mayor McCray
D.
Proposed Resolution No. R05-035 RE: Approving the
memorandum of understanding regarding the creation of a violent crimes
task force with Palm Beach County law enforcement agencies.
Proposed Resolution No. R05-036 RE: Amending the
Cemetery Rules & Regulations to add a new Rule regarding the number
of cremains permitted in graves.
Proposed Resolution No. R05-037 RE: Confirming
terms and conditions set forth in our EMS grant award as approved by
the Palm Beach County Division of Emergency Medical Services.
Proposed Resolution No. R05-038 RE: Approving an
Exclusive Agreement between the City of Boynton Beach and Achieva
Telecom Services, Inc. d/b/a Talk's Cheap for installation and
maintenance of a pay telephone at Oceanfront Park.
pulled item C.6 from the Consent Agenda or discussion.
Ratification of Planning & Development Board Action:
Neptune Commerce Center (NWSP 05-006) -- South side of
Neptune Drive. Approximately 1,300 feet east of South Congress Avenue
-- Request for New Site Plan approval for a 16,482 square foot industrial
building on a 0.969-acre parcel in a IVl-1 zoning district.
Ratification of CRA Action:
None
Return cash bond of $880.00 to Pemberton Building Inc. for the project
known as Starbucks Coffee.
Return cash bond of $10,420.00 to Charles Jesse Medrano for the project known
as Boynton Place (Shell and Vitamin Shoppe).
Authorize the designation of three locations listed below as Constrained Roads at
a Lower Level of Service (CRALLS), which will initiate the CRALLS designation
process by Palm Beach County and result in the amendment to the Palm Beach
County Comprehensive Plan. Locations are:
Intersection of Old Boynton Road and Congress Avenue;
A segment of Old Boynton Road between Congress Avenue and Boynton
Beach Boulevard; and
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3. Intersection of Gateway Boulevard and Congress Avenue
Vice Mayor McCray pulled item H from the Consent Agenda for discussion.
Motion
Commissioner Ferguson moved to approve the items in the Consent Agenda except
those pulled for discussion. Commission McKoy seconded the motion and it passed
unanimously.
Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2004-2005 Adopted Budget
Approve a piggy-back with Broward County on Bid # P-Y-02-275-B1;
Emergency :Installation and Repair Service for Water and Sewer to
.lackson and Sons Construction Company of Pompano Beach, FL in the
amount of $277,170.00.
Vice Mayor McCray wanted to know what lifts have been repaired and if there was any
guarantee.
Hr. Gomez said the manufacturer typically provides multi year guarantees on the pumps. The
contractor provides at least a one year warranty on the labor according to rvlr. Gomez.
Clarification was requested on the term "multi" year. Mr. Gomez indicated it depends on the
manufacturer of the pump; however, typically it is a one year warranty on all equipment.
Vice Mayor McCray said he would approve it, with the suggestion for the total cost involved,
some backup in writing on the warranty and guarantees should be included.
Motion
Vice Mayor McCray moved to approve and Commissioner Ferguson seconded. The motion
passed unanimously.
C. Resolutions:
1. Proposed Resolution No. R05-012 Re: Approving and
adopting grant funding policies (TABLED TO IqARCH 15, 2005)
Mayor Taylor asked for a motion to take item C. 1 off the table.
Motion
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Vice Mayor McCray moved to remove. Seconded by Commissioner Ferguson. The
motion passed unanimously.
Vice Mayor McCray questioned if a workshop was going to be established and date set
or just tabled to March 15th and then set a date. Chief Bingham said a workshop date
has not been established. At the agenda preview conference there was an issue
regarding information and requests already submitted from Sherry Johnson and Vice
Mayor McCray. His understanding is that information would be obtained from the
individuals and then a workshop would be set up. Also the urgency of the workshop
needs to be clarified for the purpose of scheduling.
Mayor Taylor indicated since this item was first brought before the Commission a couple
other people had approached him and requested to submit some suggestions also. He
encouraged all interested parties to get any input into City Hall.
Commissioner McKoy thought it would be appropriate that individuals or organizations
in the City who presently or in the past have an interest in grant funding be invited to the
workshop. Chief Bingham said staff would contact all interested parties and a date
would be set by the end of the week.
Vice Mayor McCray pointed out there is a deadline before applications are to be
received.
Motion
Vice Mayor McCray moved to table the matter until March 15th, 2005. Commissioner
Ferguson seconded the motion. Motion passed unanimously.
Proposed Resolution No. R05-038 RE: Approving an
Exclusive Agreement between the City of Boynton Beach and Achieva Telecom
Services, Tnc. d/b/a Talk's Cheap for installation and maintenance of a pay
telephone at Oceanfront Park.
Vice Mayor McCray, in conjunction with Commissioner McKoy, wanted to know how
many public phones are being billed to the City.
Wally Majors, Recreations and Parks Department clarified BellSouth removed all pay
phones last summer from City facilities. There was a mixed bag of opinions in other
municipalities in the area. Oceanfront Park was chosen because it is the most popular
facility in terms of volume of use particularly after hours. Staff is present 8 to 5 but the
facility is open dawn to 11 p.m. 365 days a year. Oceanfront Park was viewed as a
sample site for other future sites.
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Funding was another question addressed to staff by Vice Mayor McCray. Mr. Majors
replied the monies would come from the Recreation and Parks Department operating
budget.
Mayor Taylor added the cost was $129 for installation and then $50 per month and
BellSouth is not responsible for any damage.
Commissioner McKoy inquired if all public phones are paid for by the owner of the
location. Mr. Majors answered yes and agreed cell phones are an option He reiterated
the high volume of people who use the park when staff, who do have cell phones, are
not present.
Commissioner Ensler requested Mr. Majors get records from BellSouth on how many
calls were made.
Motion
Commissioner McKoy moved to table the item until April 5th for staff to obtain more
information. Commissioner Ensler seconded the motion. The motion passed
unanimously.
H. Authorize the designation of three locations listed below as Constrained Roads at
a Lower Level of Service (CRALLS), which will initiate the CRALLS designation
process by Palm Beach County and result in the amendment to the Palm Beach
County Comprehensive Plan. Locations are:
~'ntersection of Old Boynton Road and Congress Avenue;
A segment of Old Boynton Road between Congress Avenue and Boynton
Beach Boulevard; and
:Intersection of Gateway Boulevard and Congress Avenue
Vice Mayor McCray pulled this item because a citizen had voiced a concern with the
constraint roads, lower level of service called CRALLS.
Jeff Livergood, Director of Public Works informed the Commission the CRALLS
designation was consideration of traffic for a major development within the community.
Every city within Palm Beach County is guided by Article 12 of the Palm Beach Land
Development Code. The Code required cities in unincorporated areas to review any
developments within their communities to make sure there is public infrastructure to
provide the services. Boynton Beach looks at water, sewer, and waste water. The
County requires traffic. The traffic performance standards of the County guides the City
on requirements for developers to support traffic generated from a new private
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development. The CRALLS designation is being requested for a number of
improvements on Congress Avenue resulting from the Boynton Village Town Center
project or Winchester Project. The developer is required to make improvements to the
roadway offsite to support the development. The County evaluated the traffic to be
generated from the site and has required extensive improvements to support peak hour
traffic which may be difficult for the developer to undertake. For those improvements
that are difficult to make the City can petition the County to consider the creation of a
CRALLS, constrained roadway at lower level of service. Staff recommends the
developer construct as many improvements as possible. The request for CRALLS
covers three areas; the intersection of Old Boynton Road and Congress Avenue; a
segment of Old Boynton Road between Congress Avenue and Boynton Beach
Boulevard; and the intersection of Gateway Boulevard and Congress Avenue. The
traffic standards for an acceptable level of service will not be exceeded which is
monitored by the County. To begin the evaluation the City must first request the
consideration of CRALLS in these locations to go forward. The first deadline for
submission is next week.
Vice Mayor McCray agreed to approve the request with the understanding the City will
get the recommendation from the County. He also asked about the affect on
emergency vehicles using these intersections. Mr. Livergood replied it would be the
same for all vehicles except emergency vehicles have lights. He also mentioned the
developers are aware if they are unable to make the improvements and unable to be
granted a CRALLS by the County, they cannot build.
Motion
Vice Mayor McCray made a motion to approve the authorization of a CRALLS
designation.
Mike Fitzpatrick, 175 SW 2n'~ Street stated the level of service for Palm Beach County
is at level D, barely passing. A lower level would be an F grade, failing. He felt this was
a definite lowering of the quality of life for Boynton's current residents. The zoning was
changed and the developer was given $70M to $100M in pure profit and the citizens get
nothing. Mr. Fitzpatrick suggested the developer should be required to make the
improvements on his property. He calculated as many as 5,000 new vehicles would be
using these intersections during peak hours.
Kathy Silverio, 10 Velaire Drive, indicated she lives two blocks east of the intersection
of Old Boynton and Congress Avenue. Currently, in the mornings, she waits through
three or four lights to get through the intersection for 1-95. She pointed out it is a two
lane road and during these waits, emergency vehicles might have difficulty getting
through the read if the standard is lowered to a CRALLS. She felt there was a safety
concern based on the many accidents and fatalities at Old Boynton Road and Congress
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Avenue intersection particularly turning left onto Old Boynton Road. She asked the
Commission to be aware of the results if the standards are lowered.
Kim McGowan, 945 Le Grace Circle stated she understood it was a balancing act for
the Commission and an important issue. She felt if the City Commission took an active
role in lowering the traffic standards the burden is shifted to the residents. She also
pointed out the section of Old Boynton Road between Congress Avenue and Boynton
Beach Boulevard is significantly different than Old Boynton on the west side of
Congress.
Herb Suss, Quail Run; supports development in Boynton Beach, but has been a
opponent of traffic. He suggested that the traffic should be at least standard and above
standard and to go down to CRALLS sends a message that the City residents are being
subjected to lower standards. He felt the developer should be required to do something
because it was reaching nightmare levels and a potential bomb shell.
Motion
Commissioner Ferguson seconded the motion.
Discussion
Commissioner Ensler had several questions of staff and a follow up on Mr. Fitzpatrick's
comments on the level of service. There are four roads involved, Congress Avenue,
Gateway, Old Boynton and Boynton Beach Boulevard and he inquired what the current
level of service is on those roadways. Jeff Livergood responded the current level of
service is D, a good D so there is additional traffic allowed. It was noted by
Commissioner Ensler that the language says, "authorize the designation of a lower level
of service" and his question was, what is the Commission authorizing if it is approved.
According to Mr. Livergood only the County can approve it and the City merely
endorses the request to the County for final determination. Essentially, the Commission
authorizes staff to forward the request to the County on behalf of the City for the County
to authorize the creation of a CRALLS.
Commissioner Ensler wanted to know if the Commission was authorizing staff to
recommend lowering all four to a level E or F. Mr. Livergood explained there are two
intersections and a link; Congress and Gateway intersection, Congress and Old
Boynton intersection and the link of Old Boynton Road. Staff would be authorized to
forward a formal request to the County, prior to the deadline of the first week of March,
for the County to consider the creation of a CRALLS. County staff then meets with City
staff and the developer to determine the intricacies of the traffic study and analysis.
15
MINUTES
CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MARCH 1, 2005
Commissioner Ensler asked, if the County was not willing to lower the level of service,
what the implications would be for the developer. Mr. Livergood stated as indicated in
the County analysis when a development exceeds 461 new peak hour trips the
developer is required to either construct northbound dual left turn lanes on Congress at
Old Boynton or a CRALLS has to be in place. If the change is impossible and a
CRALLS is not in place, the developer cannot build anything that exceeds 461 trips in
the p.m. peak hour.
Is it staff's preference to decrease the level of service rather than make those
modifications was Commissioner Ensler next question. Mr. Livergood noted the
modifications would require widening of Congress, impacting the parking on the private
property along Congress which would cause damage to those properties. Those
property owners must be willing to sell the property also.
Vice Mayor McCray referred to a letter from the Palm Beach County Engineering
Department which outlined conditions that must be included in the development order
issued by the City. The order must include failure to meet any of the conditions stated
gives the engineers the right to rescind or amend their approval.
Commissioner Ensler stated the County provides the expertise to determine the traffic
standards and he will vote to authorize the County to make the determination.
Motion
Motion previously made and seconded is passed unanimously.
VIII. PUBLIC HEARING:
A. Project:
Agent:
Owner:
Location:
Description:
7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMZTS
Verizon Wireless At Boynton Space Plus (COUS 05-003)
3ason Laskey, SBA Network Services
Mega Mini Company
295:[ SW :[4th Place
Request for conditional use approval to allow construction of a
:[35-foot high telecommunication tower on a 2,000 square foot
leased parcel on the site of the Boynton Space Plus Storage
Center.
Attorney Cherof administered the oath to all persons who would be testifying and
explained the process.
Jerry Knight, Attorney, 1 E. Broward Blvd. Ft. Lauderdale, FL representing Verizon
Wireless, introduced Jason Laskey who is the consultant processing the application on
behalf of Verizon Wireless. Also present was Marico Toleman, Electrical Engineer with
16
MINUTES
CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MARCH 1, 2O05
a speciality in electro magnetic effects plus Josephine Condi, and Marshall Blumenthal
from Verizon Wireless and Mr. Knight's partner, Sue Delegano.
Mr. Knight indicated the request was a conditional use approval for a stealth flag pole
telecommunications tower with antennas mounted in the interior of the flagpole. The
exterior would only have a flag if the City desired. He pointed out the staff
recommendation indicates the application is in compliance with the criteria. Verizon
agrees with staff recommendation.
Attorney Cherof requested Mr. Knight focus on the 28 conditions for approval and asked
if there were any objections. Mr. Knight agreed to all conditions submitted by staff.
According to Mr. Knight, the stealth flagpole will be 135 feet high and the Code has a
maximum of 150 feet. The flagpole also meets all applicable setback requirements in
the Code at 450 feet from the nearest residential area exceeding the maximum by 200
feet. There is capacity for three providers to have antennas in the pole mitigating the
need for additional towers. It is designed to cover a gap in coverage and improve 911
service coverage.
Jason Laskey,Site Acquisition Agent through SBA, 5900 Broken Sound Parkway, NW,
Boca Raton, FL representing Verizon Wireless, provided information on the need for the
tower in the proposed location to cover the area South of Woolbright to Lake Ida. The
preference is to use existing towers and structures; however no candidates were
available in the area. The nearest commercial tower was 3,000 feet southeast and
would not cover the area desired. Another option reviewed was the W×EL tower on the
west side of Congress. The tower would have to be taller, it was closer to residential
sites and would include the desired area. The proposed site is buffered with a drainage
canal and a storage warehouse unit. Locations further south were investigated but
were not suitable for the project. Towards the east, the Palm Beach Schools were
considered but they had no success working with Palm Beach County School District for
any towers. The compound is landscaped with an 8 foot buffer surrounding the tower
and it will be brought up to Code. There are small radio cabinets at the bottom of the
tower and landscaping vegetation will grow and cover the area. The tower does not
impede any traffic flow on the site. It will be available to other companies for their use
and might preclude the addition of other towers.
Commissioner McKoy asked if other banners would be seen. Mr. Laskey answered no
and it was agreed not to fly a flag or any other type of banner or advertisement. Mr.
Knight added that nothing would be added to the outside of the pole.
17
MINUTES
CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MARCH 1, 2005
Vice Mayor McCray inquired if asked to fly a flag who would be responsible to replace
the flag when it became worn and torn and who would buy the flag. Mr. Knight
indicated it would be at the expense of Verizon Wireless to maintain the flag.
Mayor Taylor invited staff's input and recommendation
Mike Rumpf, Director, Planning and Zoning stated the applicant had done a thorough
job in presenting the item. Three criteria were used by staff to approve the towers.
Separation requirements were met between towers as well as residential districts.
Certification was received for such things as setback, co-location, FAA compliance and
wind load. In an M-1 district, if it is not an accessory tower and this is, it must be stealth.
Staff concluded the best stealth design would be without the flag. In comparison, other
towers range in distance from the adjacent residential district to as large as 450 feet,
down to 75 feet next to the Citrus Glen Development Staff also looked at compatibility
and the intervening element. Looking from the south toward the tower is a wall being
the buffer element. Staff recommends it be approved subject to the conditions of
approval. If you approve it there is also a requirement for a time limit to be set to pull
the permit. Staff recommends one year.
Mayor Taylor opened the public audience.
Bob Brown, 701 South Seacrest, had two comments. One, was there going to be
flashing lights on the top. Mayor Taylor answered there would be no lights. Second
comment, he wanted assurances that in high winds the pole would not become a
projectile. Mayor Taylor replied it was mentioned that wind loads were met. Mr. Knight
added the tower will be structurally designed to meet the Florida Building Code
Requirements which have increased substantially over the years since Hurricane
Andrew. The poles are designed to withstand gusts of 146 MPH or they do not get
permitted.
Herb Suss, Quail Ridge inquired with this tower going up is Boynton Beach going to
become a city of towers. He surmised the FPL towers would be going up Woolbright
then going south on Congress and expressed concern there would be too many towers.
Mayor Taylor pointed out Mr. Suss was presuming something that has not happened.
Mayor Taylor questioned if there would be three poles inside the tower. Mr. Knight
replied there is capacity for three antennas; only one was being installed at this time.
Two other providers could put their antennas in the structure.
Mayor Taylor further inquired if a monetary payment such as a monthly stipend had
been made to other cities for allowing the towers. Mr. Knight indicated the applications
fees were paid and if the tower was located on City property there would be rent.
18
MINUTES
CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MARCH 1, 2005
Attorney Cherof confirmed the City does collect on City property. This is not City
property.
Commissioner Ensler mentioned hurricanes have wind speeds at ground level and
speeds at altitude. He asked how the figure of 146 was derived. Mr. Knight indicated
the figure may be incorrect. The point was made the tower meets the Florida Building
Code requirements or it would not receive a permit. Jason Laskey added the tower
foundation design includes a 30 foot casson approximately 20 feet that goes in the
ground, of cement, bolted to the anchor plate of the tower itself. All documentation is
certified by engineers at the time of the building permit. In most cases towers are over
designed. Mr. Laskey explained towers are designed with a break point and would not
break at the bottom and become a projectile, instead collapse at certain points and
crumple. It was noted that none of the Verizon towers failed in Hurricane Charlie.
Commissioner Ensler asked staff if that was one of the factors checked during the
review of the design and Mr. Rumpf said absolutely.
Motion
Vice Mayor McCray moved to approve Verizon Wireless at Boynton Space Plus with the
28 Staff comments and one year to pull the permit. Commissioner Ferguson seconded
the motion.
Vote
City Clerk Prainito called the roll. The motion carried 5-0.
Recess was declared at 8:31 p.m.
Meeting reconvened at 8:43 p.m.
Agent:
Owner:
Location:
Description:
Project: Boynton Beach Lofts (LUAR 05-003)
(POSTPONED TO 04/05/05)
Bradley Miller, A[CP, Miller Land Planning Consultants, ]:nc.
Louis F. Mascia/Boynton Motel LLC
623 South Federal Highway
Request to amend the Future Land Use designation from Local
Retail Commercial (LRC) (1~t READ.rNG OF PROPOSED
ORD_rlYAI¥CE NO. O$-); and to rezone from Community
Commercial (C-3) to Mixed-Use Low (MU-L) (.~s~' RE.4D_rlVG OF
PROPOSED ORD_rlVAI¥CE NO.
1. Boynton Beach Lofts (NWSP 05-008) - 623 South Federal Highway -
19
MINUTES
CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MARCH 1,2005
Request for new site plan approval to construct a mixed-use project
consisting of 48 multi-family dwelling units, 5,364 square feet of retail
and 12,354 square feet of office on a 1.21-acre parcel in an MU-L zoning
district. (POSTPONED TO 04/05/05)
Boynton Beach Lofts (HTEX 05-00~.) - 623 South Federal Highway -
Request for a height exception of 3'-2" pursuant to the City's Land
Development Regulations, Chapter 2, Zoning, Section 4.F.2, to allow the
mechanical room housing elevator/stair tower to be 78'-2" in height, a
distance of 3'-2" above the 70' maximum height allowed in the Nixed-Use
Low (MU-L) zoning district. (PO$7.PONED 7'0 04/05/05)
Mayor Taylor called the meeting to order. He noted items B.1 and B.2 have been
postponed to April 5.
LZVE/WORK IN SMU (CDRV 05-002) - Renaissance Commons - Request for
an amendment to the Land Development Regulations, Chapter 2. Zoning,
Section 6.H Suburban Nixed use (SNU) zoning district to allow Live/Work Units
as a permissible use (1sr READING OF PROPOSED ORDINANCE NO. 05-
017)
Attorney Cherof read Proposed Ordinance No. 05-017 by title only.
Kim Glas-Castro with Ruden and McClosky spoke on behalf of Town and Country
Homes. She requested live/work units be added as a consideration in an SMU zoning
district allowing for residential units to have a business component on the first floor. A
comparison was made to units at the Abacoa Center in Jupiter and she worked with
staff to revise the regulations for the City. Business operations are limited by size and
number of employees. Parking requirements are included along with limitations on
signage to maintain the residential character of the area but in a Mixed Use setting to
have a business operating out of a home.
Dick Hudson, Sr. Planner, felt the proposed amendments provide an additional
opportunity for locating small and Iow end commercial uses in residential portions of
Mixed Use but slightly more intense than home occupations due to size limitations
specifically. The criteria is sufficient to provide adequate controls to eliminate any
negative effects. Staff recommends approval.
Vice Mayor McCray asked Mr. Hudson if this issue had to go back before the P & D
Board and Mr. Hudson indicated no unless the Commission added conditions.
2O
MINUTES
CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MARCH 1, 2005
Mayor Taylor opened the public audience. Since no one wished to speak, the public
hearing was closed.
Motion
Vice Mayor McCray so moved. Commissioner McKoy seconded.
VOTE
City Clerk Prainito called the roll. The motion carried 5-0.
D. Approval of an Ordinance to establish the Renaissance Commons Community
Development District. ('.~$T READ. rNG OF PROPOSED ORD_rlVAIVCE NO. 05-
O. ZS)
Attorney Cherof read Proposed Ordinance No. 05-018 by title only.
James DeCocp, represents the applicant, Special District Services. He indicated that
Renaissance Commons covers approximately 87 acres and more of a Mixed Use
situation with single family homes and town homes. The homes will sell for $310,000 to
$400,000. There will be 337,000 square feet of commercial space associated with the
project. CDD and the developer are separate entities once the CDD is created. He
stated if the CDD is created and eligible to receive bond money, he would anticipate
constructing or purchasing infrastructure related to the project including storm water
drainage, water and sewer systems, landscaping and irrigation, public right of ways
within the area, roadway improvements and on site tree relocation mitigation. Costs
are estimated at $10,012,000. Mr. DeCocp directed the Commission's attention to the
break down on funded by, bonded by, operation and maintenance by and ownership by.
The CDD, if created, would fund everything in the list. However, the potable water
system, as well as sanitation sewer would be dedicated to the City once purchased with
public funds. Roadway improvements would go to either the City, County or CDD,
whatever is appropriate for each item.
Hanna Matras reported staff had no comments and recommended the petition be
approved since there is no tangible impact on the City.
Mayor Taylor opened the public hearing. Since no one wished to speak, the public
hearing was closed.
Commissioner Ensler asked for clarification on the onsite wetlands mitigation. Mr.
DeCocq indicated it was a misnomer in the paperwork and it is actually onsite tree
relocation mitigation. There are some very large trees being relocated to salvage them
as part of the development order. Change sheets will be submitted before second
reading.
21
MINUTES
CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MARCH 1, 2005
MOTION
Vice Mayor McCray so moved. Commissioner Ferguson seconded.
VOTE
City Clerk Prainito called the roll and the motion carried 5-0.
CI'FY t4ANAGER'S REPORT:
A. Disposition of Old High School
Chief Bingham indicated Disposition of the Old High School issue was requested by
Commissioner Ferguson for discussion. He referred the matter back to the chair.
Mayor Taylor stated it had been agreed the Commission would make a decision tonight
on the Old High School.
Douglas Hutchinson, Director of the Community Relations Agency stated the
Agency would take ownership of the project and see it through a restoration process in
cooperation with community groups for a mixed blend of uses.
Mayor Taylor opened the discussion to the public.
Louise De Camara, 836 East Drive, stated the Old High School does have historical
value being three quarters of a century old. The architectural details indicative of that
era are historical and worth saving. The Vision 20/20 master plan includes the school in
the Town Square project development. A study from September, 1998 reported the
school should be featured in the development.
Susan Buchanan, 807 Ocean Inlet Drive, serves on the board of the Boynton Cultural
Center. She stated the board has been working with Triangle Two Partners on a
strategic plan and a market assessment feasibility study. Consultants from Triangle
Two Partners were to be present; however, weather conditions prevented them from
attending the meeting. She highlighted the study's findings and validity saying the
methodology and sample size gave the study a 95% confidence rate with an error rate
of + or - 4%. The study reveals 93% of those sampled were aware of the museum,
91% of its members were satisfied with their membership and 84% had a lot of interest
in the museum. Fifty-four percent indicated expanding into the old high school was very
attractive and 21% indicated it was somewhat attractive. Ms Buchanan said the
economic impact study showed with purposeful marketing an expanded cultural center
will have a definite positive impact on the downtown area.
22
MINUTES
CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MARCH 1,2005
DeDe Mahler, President of the Boynton Cultural Center, who resides at 11965 North
Lake Drive. read a statement from the Boynton Cultural Center asking the Commission
to recognize the accomplishments of the Center and Schoolhouse Children's Museum
and join them in taking the project to the next level. She asked for the authority, in
conjunction with the Community Redevelopment Agency, to design and develop the
reuse of the old high school. Ms. Mahler requested that an agreement be drafted
between the three parties to accomplish the objective of preserving the old high school.
The Cultural Center would be willing to act as the managing partner with respect to
developing the property and programs to make it an exciting place in Boynton's
landscape.
Kim McGowan, 945 Le Grace Circle, a resident for ten years and a member of the
Arts Commission spoke on her own behalf. She defined history according to Webster's
Dictionary as, "what has happened in the life and development of a people, country,
institution", etc. Ms. McGowan said Boynton had a vision of its future but also needed a
reflection of its past. Preservation demands pride. She felt if the school were torn down
it would destroy the identity of the town.
Marie Shephard, Ridge Pointe Woods stated she used to live where the police station
presently stands. The old high school is an important part of her life since her mother
and father met and were married here and she and all her siblings attended school in
the building. She felt the building should be saved since there is a lot of history to be
proud of in Boynton Beach such as the Woman's Club Ms. Shephard offered to devote
as much time and money that she could for the success of the project.
William Orlove, 2459 Cranbrook Drive, Vice Chair of the Recreation and Park
Board and served on the CRA Ad Hoc committee which studied the feasibility of
preserving the building. He stated the Recreation and Park Board has discussed the
High School several times and strongly favors preserving the building to be used for
cultural, educational purposes and expanding the Schoolhouse Museum. As a citizen
he observed the growth in Delray Beach around Old School Square and hopes that
Boynton can do the same with the old high school. He felt it was a part of the town's
collective past and should remain as part of its collective future.
Buck Buchanan, 807 Ocean Inlet Drive and immediate Past President of INCA
spoke on behalf of INCA. He read into the record and supplied copies of a letter sent to
the Commission. The letter indicated INCA members voted unanimously to support the
preservation and restoration of the old high school. It was also noted the project would
offer an aesthetically pleasing mini complex of restoration to harmonize with newer
surrounding architecture.
Brian Edwards, 629 North East 9th Avenue felt emotions was a major factor in
preserving the old high school. He said the Cultural Center Board was never able to
23
MINUTES
CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MARCH 1, 2005
raise money for this project without the permission of the City fathers. The Cultural
Board developed the Children's Schoolhouse Museum and Mr. Edwards felt they could
also develop the old high school.
Mayor Taylor closed the public audience.
Vice Mayor McCray stated he was a resident of Boynton for 51 years and his school
was torn down in District 2. He indicated he has been discussing the old high school for
over five years. His question was, did the historical registry have the 1927 High School
listed. Mr. Hutchinson replied it had not been applied for. Mayor Taylor added the
papers have all been prepared and just need to be submitted.
Vice Mayor McCray also asked what miracle happened that gave the CRA a new turn or
new vision to step up and take this project over. He requested the funding figures
again.
Mr. Hutchinson reiterated it was an approximately $6,000,000 restoration project. The
City has contributed $300,000 CRA over the next 24 to 36 months an additional
$2,000,000 which makes $2.3 million as the match for grants and foundation
underwriting and inkind contributions for construction. Historical preservation grants will
be $1.5 million. The County will be asked for 750,000. Also inkind contributions of
construction will total approximately $1,000,000. Local contributions and private
corporations will contribute $1,000,000 and foundation grants $1,000,000. Total grants
will be $5.2 million with the CRA and City's committed amount comes to $7.5 million
which leaves $1.5 million surplus funds to establish an endowment.
Vice Mayor McCray questioned who was going to be responsible for the upkeep once
complete. Mr. Hutchinson said the CRA. He added if the City directs that the CRA is
responsible for the old high school the CRA will raise additional funds, work out the
partnership and with the ownership goes the maintenance and upkeep and the
responsibility for a cash flow to sustain the school.
Addressing the Boynton Cultural Center, Vice Mayor McCray asked if the Center had
raised any money for the project.
Arlene Dennison, Executive Director at the Schoolhouse Museum indicated they wrote
a grant to a local foundation, if the building was saved the money could be used for
expansion. She noted it was very difficult to raise money for a new building. Historic
preservation is a big factor in starting the synergy to raise money and possibly use
focus groups as was used with the Schoolhouse Museum. It was $100,000 on the first
grant.
24
MINUTES
CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MARCH 1, 2005
Mayor Taylor commented he has been the most outspoken for tearing the school down
due to the cost and not knowing the source of funding. Bonnie Dearborn, the state
person had told Mayor Taylor the maximum funding a year is $350,000. The Mayor
indicated the phone survey that was conducted had poorly constructed questions and
was a problem. For the first time reading the report, and after receiving many letters, he
could finally see how the restoration can be accomplished. He felt the CRA taking the
lead and working with the Cultural Center the project is now possible. The Mayor stated
he envisions the old school being used for educational and cultural events and the new
state of art civic center used for sporting and recreational purposes. Plus he liked the
concepts that generated revenue such as the gift shop and coffee shop which would be
economic generators. Mayor Taylor would now be a strong supporter of the CRA taking
the lead and the Cultural Center as a partner for saving the high school.
Commissioner McKoy admitted he was the new kid on the block on this issue and
sometimes it was easy in the life of a project to lose site of the objectives. He realized
that the Vision 20/20 plan talked about the restoration of the high school and it has been
sitting at a yellow light. Commissioner McKoy felt a green light was needed and he is in
favor as well for preserving the old high school.
Commissioner Ferguson stated he had to oppose the restoration. He too saw the flaws
in the survey and felt it was rigged based on his experience in the market research
business. He visualizes the east end of Boynton Beach being one end of a barbell and
the other end down here only smaller. In the survey it was extrapolated out the
frequency distribution indicated there were 1.2 million visitors to the Children's Museum
last year and he felt that was ridiculous. His objection was the CRA funds account for
40% of the $7,000,000 and the CRA is devoting its time to this venture when it should
be concentrating on the downtown area and MLK area. He also questioned why the
funds for the cultural activities only apply if we save the old high school as opposed to a
brand new civic center which could be in the present location of the old high school.
Two things he wanted to make very clear were in January, 2001 a promise was made
that funds would be found for this high school if we kept it and again in 2003. It did not
happen and he would not vote for it. He stated the cost similarities are striking, 158 to
rehabilitate and 162 to build a new one. He could not vote to retain it.
Commissioner Ensler said he realized he is now the anchor man. He appreciated the
serious proposal that was made. He had a few questions of staff. First of all, what kind
of motion was needed to have it approved.
Mr. Hutchinson said it would be a directive for the CRA to put on their March 17th board
meeting to officially make the offer for acceptance of the old high school that was
transferred to the City from the school district. The legal structure will have to be
investigated.
25
MINUTES
CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MARCH 1, 2005
Commissioner Ensler inquired, who in the long term would have ownership of the
school and the property it is on. Mr. Hutchinson said the CRA wished, if they were
funding and underwriting, that they have ownership of the structure and responsibility
for maintenance, renovation and so forth. The CRA would then contract with the other
entities. Commission Ensler asked if that would include the grounds around the high
school. Mr. Hutchinson indicated yes.
Next Commissioner Ensler asked if the program was successful, what would the city's
obligation be towards the high school, financial liability of the City. Mr. Hutchinson
replied the CRA would shoulder the burden, and funds committed and spent on taking
out the asbestos and other things would be the extent of the City's obligation.
Commissioner Ensler speculated if there was a serious financial problem it would be the
CPA's responsibility. Mr Hutchinson said yes, which is why the CRA wanted ownership
of the asset.
Commissioner Ensler asked at what point in the fund raising would it be appropriate to
draw up the final contract. His concern was if enough money cannot be raised what
would happen at that point. Mr. Hutchinson felt confident there was enough interest and
funding to get the project well underway. The "what if" question was still not answered
and Commissioner Ensler wanted a response. Again, Mr. Hutchinson indicated there
was already sufficient funds and inkind contributions to get the building up and
operating.
Commissioner Ensler again asked, what if you find out it is going to cost $12,000,000 to
refurb the school and you only have $6,000,000. Mr. Hutchinson was confident in his
estimation of costs. Commissioner Ensler wanted a legal answer. Mr. Hutchinson's
response was it could be torn down in the future. Commission Ensler asked what
happens in terms of the arrangement. It is now turned over to the CRA and there are
not sufficient funds to do the work. Would the school then be turned back over to the
City? Mayor Taylor suggested it could be written in as a reverter clause. Mr.
Hutchinson indicated the CRA needs to have title before the project can be started. His
concern was no foundation would donate money if the title and ownership is in question.
Reverter or performance clauses can be included in the agreement.
Vice Mayor McCray asked for clarification on the asbestos removal that was mentioned
by Mr. Hutchinson. Mr. Hutchinson responded the City's job was finished and any
future movement and restoration of the project would rest solely with CRA.
Vice Mayor McCray wanted to know if the Commission approved the project how fast
would money be coming in. Mr. Hutchinson said there would be no waiting because
CRA underwriting and commitments from key contractors would be able to immediately
hire a restoration specialist to look at key elements with the cultural board. At that point
grants can be requested.
26
MINUTES
CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MARCH 1, 2005
Vice Mayor McCray inquired if the $6,000,000 would be coming out of the bonds just
approved. Mr. Hutchinson said no.
Arlene Dennison of the Cultural Center added the Center has legal counsel ready to
work with the CRA on the school.
Commissioner Ensler wanted to emphasize he is in favor of the recommendation and
his only concern was for the taxpayers in the long term.
Vice Mayor McCray asked if everyone present at the CRA workshop was in favor of
restoration. Mr. Hutchinson replied yes.
Mayor Taylor referred to the comment that the CRA should be working on the Heart of
Boynton and he felt the old high school is the center of everything being done.
Downtown and the City of Boynton has to be viewed as one entity. This should be a
centerpiece for everything going on with the CRA.
Mr. Hutchinson added staff is proposing going to 30% design for streetscapes for MLK.
Seacrest to link MLK to town square and Boynton Beach Boulevard has been planned
for years and the CRA is adjusting a $6.3 million river walk to a future time and
feasibility linkage putting those funds into momentum projects. In the next 24 to 36
months there will be an additional $5 million put into the Heart of Boynton over the
previous plans. Areas have not been ignored and the CRA is investing off the water
into the core of the community.
Vice Mayor McCray questioned parking for the old high school and the new state of the
art civic center. Mr. Hutchinson indicated parking was part of a master plan the
designer would work on and needs to be coordinated. Mayor Taylor added the two
plans showed parking garages, one with the high school and one without the high
school.
Chief Bingham stated the City Manager's, only concern was the CRA and the Cultural
Center be involved in discussion relating to the possible future conveyance of the
building. He suggests a specific timetable and specific deadline for reporting to the
Commission. This would disallow any one group to get ahead of the other. He further
suggested the effort be well coordinated and communicated so everyone is in the loop
and better able to respond to questions by elected officials.
Motion
Commissioner Ensler moved to restore the old high school and requested the CRA take
whatever action is necessary to formalize the change in ownership to the CRA for a
time certain.
27
MINUTES
CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MARCH 1, 2005
Mr. Hutchinson asked for input from legal counsel and stated the CRA's legal staff will
draft the first round. Attorney Cherof indicated the reasonable time is whenever the
Commission wants to visit it again.
Commissioner Ensler stated he made the request because Mr. Bressner was pressing
for a time certain. Mr. Hutchinson said the draft would be back in a month.
Vice Mayor McCray suggested the date be set as April 5th.
Mayor Taylor restated the motion is to restore the old high school with the CRA and
question if the Cultural Center should be included in the motion. Mr. Hutchinson
requested that only one person be responsible.
Commissioner Ensler said the motion would stand as stated, approval to restore the old
high school and authorizing the CRA to come back to this Commission with the formal
documents to accomplish that by the first meeting in April.
Commissioner McKoy seconded the motion.
Motion carried 4-1 (Commissioner Ferguson dissenting).
X. Future Agenda Items
H. Zoning in M-1 District (TBD)
Commissioner Ensler related it was discussed at the preagenda meeting staff's
comments to review standards for M-1 zoning on arterial road. A study was started
three years ago and has never been completed. Commissioner Ensler supported
completing the study. He indicated it was also suggested to have moratorium during
the study period. He requested that staff prepare whatever documents needed to have
the study done and a moratorium, and by the next meeting have a date when the study
can be complete. It should include architectural standards and uses. His concern was
if development decisions were being made based on a fear factor especially in the M-1
districts.
Vice Mayor McCray added that it was also stated that anything in the hopper this would
not affect. Attorney Cherof concurred. The procedure is set forth in the Code to
announce and get a moratorium started that is referred to as Notice of Intent. A
resolution would be made for the next agenda however the deadline for the next
Commission meeting has come and gone. He would seek direction from the
Commission to disregard that deadline.
28
MINUTES
CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MARCH 1, 2005
Mayor Taylor asked if the Commission agreed to disregard the agenda deadline for this
resolution to be presented. Commissioner Ferguson thought the matter should go on
the last meeting in April and there was no need to rush the issue.
Commissioner Ensler inquired of staff if it could be prepared by the next meeting or if
they preferred the extra time. Mike Rumpf said it depended on the clarity of the
directive by the Commissioners. There is exact wording for the study to be conducted,
describing the zoning district to be effected and the purposes. He stands by the
direction of the City Attorney. Mr. Rumpf understood the request was to review or
implement or perhaps update the South Congress corridor study. Things have
transpired since that original study and an updated recommendation may be necessary.
It is warranted given the close proximity of all the uses to single family properties. Also
looking at architectural standards and appropriateness of uses.
Commissioner Ensler noticed on a map in Planning and Zoning there is also M-1 zoning
along Federal Highway and asked if that M-1 zoning is still there. Mr. Rumpf answered
that it was only west of the railroad tracks. Commissioner Ensler wanted assurances
the study would address not only Congress Avenue but other parts of the City. He was
looking for information on the architectural standards and uses along the artery.
Mayor Taylor inquired of the staff's preference on the date. Mr. Rumpf and
Commissioner Ensler agreed the first meeting in April would be acceptable.
XII. LEGAL:
A. Ordinances -- 2® Reading - PUBLIC HEARING
Proposed Ordinance No. 05-014 Re: Request for
amendments to the Land Development Regulations, Chapter 22. Streets
and Sidewalks, related to street naming and renaming, construction of
sidewalks, access to and work within public rights-of-way, and providing
for appeals, work requirements and surety.
Attorney Cherof read Ordinance No 05-014 by title only.
Mayor Taylor opened the public hearing.
Bob Brown, 701 South Seacrest asked how it would work with the naming and
renaming the streets. Jeffrey Livergood indicated there are several sections to the
ordinance including numbering of streets to follow a logical numerical process when
doing house numbers. Currently numbers are not in order. It provides for use of certain
names and changing street names. It goes much further than street naming and
includes public works right-of-way permits and requirements of insurance and bonds
29
MINUTES
CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MARCH 1,2005
and sidewalk fees. It is the Public Works Department methodology so work can be
done correctly and according to standards while protecting the homeowners.
Mr. Brown mentioned Delray renamed their steets and auctioned off street names and
they changed the numbered streets to platted names. Designation of historical
neighborhoods brought the original names back. He questioned if that would be done in
Boynton because many senior citizens had commented to him they would not change.
Mayor Taylor explained that is exactly why the ordinance is being made so it will be the
law of the City.
Vice Mayor McCray did comment that new numbers on buildings would be for new
individuals coming into the City and not affect those already there.
MOTION
Vice Mayor McCray offered a motion to approve Ordinance No. 05-014. Commissioner
Ferguson seconded the motion.
VOTE
City Clerk Prainito called the roll and the motion carried 5-0.
2. Proposed Ordinance No.05-015 RE: Amendment to the
Land Development Regulations, Chapter 2. Zoning, Section 8., M-1
Industrial District, to allow as conditional uses, uses proposed as medical
or scientific research which involve the use, treatment, storage, or
processing of human or animal bodies, or body parts.
Attorney Cherof read Ordinance No. 05-015 by title oly.
Mayor Taylor opened the public hearing.
Herb Suss, Quail Run, stated his objection because there are regular research centers
and he felt this did not belong in the City. He requested it not be passed.
Bob Brown, 701 South Seacrest Blvd., stated he used to survey and from his
experience, blood was dumped down drains and body parts flushed down toilets. He
questioned if it was a sanitary problem and if the newer strains of viruses and bacteria
are jumping from animal to humans it becomes an easy contagen. He indicated funeral
homes are now selling body parts and organs. If proper controls were in place and
investigated through the Center for Disease Control in Atlanta, he would feel better if it
was delayed a week or two for the sake of public health.
30
MINUTES
CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MARCH 1, 2005
Vice Mayor McCray stated as a licensed funeral director and embalmer for the State of
Florida funeral homes do not sell body parts per Chapter 476 of the Code. As far as
blood in the drains, it has to be treated before disposal. He asked that Mr. Brown have
his facts correct.
Alice Warren, 1719 Woodfern Drive mentioned Boca had a similar request that was
turned down. She asked if these people have licenses, medical researches or that they
are in the field of science. She asked if credentials were verified. Mayor Taylor
answered yes. Ms. Warren felt this type of facility should be in Scripps areas or
industrial parks.
Attorney Cherof commented the City is not expanding or adding any uses. The City is
restricting and limiting uses by shifting a whole category of uses from what were
permitted uses to conditional uses. In the future the Commission will have greater
control over those types of business and obtain additional information during the review
process. This would be an improvement over what is a very broad category.
Commissioner Ensler added all the things concerned about in the M-1 zone do not
require any approval by the Commission. With this ordinance in place it can be
monitored and do the research to prevent the concerns raised.
Motion
Commissioner Ensler moved to approve Ordinance No 05-015. Commissioner McKoy
seconded the motion.
Vote
City Clerk Prainito called the roll and the motion carried 5-0.
Proposed Ordinance No. 05-016 Re: Approving the
exemption from provisions of Section 10:t.657, Florida Statutes related to
early voting
Attorney Cherof read Ordinance No. 05-016 by title only.
Mayor Taylor opened to public audience. No one having come forward the public
audience was closed.
Motion
Commissioner Ferguson moved to approve Ordinance No. 05-015. Vice Mayor McCray
second the motion.
31
MINUTES
CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MARCH 1, 2005
Vote
City Clerk Prainito called the roll and the motion carried 5-0.
Proposed Ordinance No. 05-005 Re: Amending Chapter
26. Water, Sewers and City Utilities, Article VTT, Section 26-406 entitled
"Capital Contributions", authorizing the transfer of real property to the
City in lieu of capital contribution charges within the downtown storm
water improvement watershed TABLED OIV 0.~/18/05
Attorney Cherof read Ordinance No. 05-005 by title only.
Motion
Vice Mayor McCray moved to remove Ordinance No. 05-005 from the table.
Commissioner McKoy second the motion. Motion passed unanimously.
Mayor Taylor open the Ordinance to public audience.
Bob Brown, 701 South Seacrest, asked how the ordinance would work. Attorney
Cherof answered the downtown stormwater improvement watershed is intended to
capture and collect storm water runoff for properties that will not have enough land
mass to include storage on their own property. The Ordinance provides for the
collection of a fee in lieu of having to provide storage on site. This addition would allow
someone to convey property worth the equivalent of the fee to the City in lieu of having
to pay the fee.
Mayor Taylor closed the public audience.
MOTION
Vice Mayor McCray moved to approved Ordinance No. 05-005. Commissioner McCray
seconded the motion.
Vote
City Clerk Prainito called the roll the motion passed 5-0.
Resolutions:
1. Award the contract for "THE CONSTRUCTION OF FTRE STA-I~ON #2",
B:[D#018-2413-05/C1D to: BUTLER CONSTRUCTION COMPANY OF West
Palm Beach, FL in the amount of $2,498,000.00 and approve an owner's
32
MINUTES
CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MARCH 1, 2005
contingency in the amount of $249,800.00 for a total project budget
appropriation of: $2,747,800.00 (PR OPO$£D R£$OI. U7701V
Attorney Cherof read Resolution No. R05-033 by title only.
Motion
Commissioner Ferguson moved to approve Resolution No. R05-033.
McCray seconded the motion.
Vice Mayor
Vice Mayor McCray asked the Fire Chief the status of the fire station in the north
section.
Chief Bingham indicated it was the next station to be tackled. Some preliminary plans
have been made but not gone any further until construction is commenced on Station 2
at Woolbright and Congress.
Herb Suss, Quail Ridge, held up a picture of the new Fire Station 2, the roofs match,
buildings match and he feels it is a plus, plus. He thanked the Commission.
Mayor Taylor indicated there was a motion and second. Motion passed unanimously.
XIV. AD3OURNMENT
There being no further business, the meeting properly adjourned at 10:05.
ATTEST:
Clear
~-t~, City Cle~'k/~
33
Dear Mayor Taylor and Commissioners:
The residents of Boynton Beach should be happy when a redevelopment project is
planned for the area in which they live. Instead, the opposite is tree. In fact, the late
Hunter S. Thompson might have entitled it "Fear and Loathing in Boynton Beach." This
is engendered by the history of redevelopment projects in this city.
Last year to counter this, a lot of effort was expended by many people to write
regulations, particularly the IPUD and Mixed Use (Low), that would promote desirable
growth in Boynton Beach but preserve and protect existing viable neighborhoods by
requiring compatibility.
Unfortunately, because of problems with the first project submitted under the new IPUD
it has become obvious that:
A procedure is needed to determine that a project is compatible.
· The bulk of the burden of demonstrating compatibility should fail upon the developer.
· City and CRA staffand residents of affected neighborhoods should come to
agreement with the developer about compatibility.
Since each neighborhood is unique and each development is unique, a site/project
specific compatibility assessment is necessary and could be accomplished through a
simple two-step process.
1. Establish the Standard. Before drawing and submitting any plans, the
developer would be responsible for determining key compatibility issues in
affected neighborhoods through resident interviews, visual assessments,
historical information, and/or any other effective research techniques. The
developer would provide a summary of key compatibility issues along with
the mw data to City and CRA Staff to review and, in collaboration with the
residents, finalize the key compatibility issues.
2. Demonstrate Project Compatibility. After the standard is finalized, the
developer would have the information needed for a compatible project and
when submitting plans would also provide the impact on key compatibility
issues relative to the standard to demonstrate that the project is compatible.
Please adopt this procedure to aid developers in creating desirable growth while
preserving and protecting neighborhoods to end "Fear and Loathing in Boynton Beach."
Sincerely,
J. E. (Buck) Buchanan
Immediate Past President
Steve Homrich
President
Inlet Cove Association (INCA)
Inlet Cove Association
Dear Mayor Taylor and Commissioners:
Although the members of the Inlet Cove Association (INCA) are concerned with decisions,
regulations, events, and projects that immediately affect our residential neighborhoods, we also
have interests beyond our "backyards."
Because we want Boynton Beach to be a beautiful, vital, successful city and a wonderful
hometown for all of its citizens, we are concerned with everything that affects the city in general
and, in particular, the CRA of which we are a component.
Consequently, we felt compelled to take a stance on the future of the old Boynton High School.
At our regularly scheduled meeting on February 14, 2005, we voted unanimously to support the
preservation and restoration of that building.
INCA has historically strongly supported redevelopment, refurbishing, and re-vitalization that
improves our community, yet preserves and protects character, quality, and livability. We feel
that restoring the old high school, whether for city office use or for other uses, would achieve
those aims.
Its location next to the Children's Museum offers the oppommity to have an aesthetically
pleasing "mini-complex" of restoration that would offer significant presence to
harmonize with newer surrounding architecture instead of leaving the Museum
overwhelmed and stranded like a stray puppy on 1-95.
Its restoration would preserve character and a piece of Boynton history. The value of this
cannot be overstated and can easily be seen in the way that Old School Square has
contributed to the successful re-vitalization of Delray Beach - aesthetically, historically,
functionally, and financially.
While it has been presented that a comparable new building could be built for less than
the cost of the restoration, this does not take into account grants, subsidies, and donations
available for historical renovations. It's possible that we might be able to have a restored
high school and still have tax money left for the city to pursue other important projects.
We implore you to preserve and restore the old high school not only for the sake of character,
aesthetics, and history, but also for the potential positive effect on re-vitalization and city
finances.
Sincerely,
Steve Homrich
President
Inlet Cove Association
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Neptune Commerce Center
APPLICANT'S AGENT: William Wietsma
APPLICANT'S ADDRESS: 25 Seabreeze Avenue, Suite 304, Delray Beach, FL 33483
)evelopmeflt
3ulldlflg.
;)co. License
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 1,2005
TYPE OF RELIEF SOUGHT: Request New Site Plan approval for a 16,482 square foot industrial
building in an M-1 zoning district.
LOCATION OF PROPERTY: South side of Neptune Drive, approximately 1,300 feet east of
Congress Avenue
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 Applicant
c,,//HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
The Applicant's application for relief is hereby
'-'""'GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
This Order shall take effect immediately upon issuance by the City Clerk.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
S:\Planning\SHARED\WP\PROOECTS\Neptune Commer~P 05-006\DO.doc
EXHIBIT A
Neptune Commerce Center
Site Plan Approval
H
,/
SUMMIT
SITE
1 8TH
0 220 440 880 1,$20
Feet
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EXHIBIT B
> illlJll , ,
NEPTUNE DRIVE
WILLIAM WIETSMA, Architect
Sesbreezo A%~onue~ Sutt~ 304, ~o!~3~ Be~oh, Plortd~ 3~483
orFi~o (s61) 27,L4863 F~x (s61) 274*7636
EXHIBIT B
NEPTUNE DRIVE
1
WILLIAM WIETSMA, Architect
Plorld~ ~ ['qtaml~t. A1~-00147~
25 ~mbreez~ Ave~tm, Suite ~04, I~lra.v Beaol~ Plorida 33483
Offl~ (~1) 274-4~3 P~zx (~1) 274-7~N~
EXHIBIT B
WILLIAM WIETSMA, Architect
Florid- Lia~loo Numbo~ A.B.-00147~6
Seabreeze Avonue, Suite ,~d, ~ B~a~ll. l~lorld~ 33483
Of fits (S61) 274~J~3 Fax (.~61) 274-7~3~
EXHIBIT B
EXHIBIT "C"
Conditions of Approval
Project name: Neptune Commerce Center
File number: NWSP 05-006
Reference: 2nd review plans identified as a New Site Plan with a February 1, 2005 Planning & Zoning date stamp
marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments:
1. Please provide a timeline that clearly illustrates when water and sewer X
services will be required to serve the proposed project. Your starting date
for the timeline should be the date of City Commission approval. Also
provide milestone dates for permit application, the start of construction, and
the setting of the first water meter. This timeline will be used to determine
the adequacy of water and wastewater treatment capacity for your project
upon the project's completion, so please be as accurate as possible.
2. All utility easements and utility lines shall be shown on the site plan and X
landscape plans (as well as the Water and Sewer Plans) so that we may
determine which appurtenances, trees or shrubbery may interfere with
utilities. In general, palm trees will be the only tree species allowed within
utility easements. Canopy trees may be planted outside of the easement so
that roots and branches will not impact those utilities within the easement in
the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18.1 gives
public utilities the authority to remove any trees that interfere with utility
services, either in utility easements or public rights-of-way.
3. Palm Beach County Health Department permits will be required for the X
water and sewer systems serving this project (CODE, Section 26-12).
4. The CODE, Section 26-34(E) requires that a capacity reservation fee be X
paid for this project either upon the request for the Department's signature
on the Health Department application forms or within seven (7) days of site
plan approval, whichever occurs first. This fee will be determined based
upon final meter size, or expected demand.
5. A building permit for this project shall not be issued until this Department X
has approved the plans for the water and/or sewer improvements required to
service this project, in accordance with the CODE, Section 26-15.
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
I
6. Utility construction details will not be reviewed for construction X
acceptability 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:
7. Site addresses shall be placed conspicuously on the front of the structure, so X
the numbers can be seen plainly from the street. Numbers used for
residences shall be not less than four inches in height and shall be made of a
durable and visible material. Numbers used for commercial and industrial
buildings shall not be less than six inches in height. (City Ordinance
Chapter 20 Section 16.)
8. Emergency access shall be provided at the start of a project and be X
maintained throughout construction per the Florida Fire Prevention Code,
Section 3-5, and NFPA 241, (1996) Safeguarding Construction, Alteration,
and Demolition Operations, Section 54.3.
9. Fences and gates shall meet City Ordinance 98-45,2,12-1-98; Available at X
Fire Marshal's Office (Plans Review)
10. Prior to Fire Department inspections, new construction projects must X
provide the results of a hydrant flow test indicating a fire flow not less that
1500 gallons per minute ~ 20 p.s.i, above domestic use. This applies to
new or existing hydrants within the required 200 ft. of the facility.
11. Emergency access roadways must be firm and unyielding, having a bearing X
value of not less than 40 (i.e. LBR 40), compacted to 98% of the maximum
density as determined by AASHTO T 180, in accordance with the FDOT
Standard Specifications for Road and Bridge Construction (2000) Division
II, Section 160, STABILIZING. A copy of the test results shall be provided
and accepted prior to above grade construction. Testing frequency shall not
be less than that specified in the FDOT Sampling, Testing and Reporting
Guide, or as required by the Fire Marshal. The roadway shall be maintained
free from ruts, depressions, and damage, and at the required bearing value
for the duration of it's intended use.
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
12. All comments requiring changes and/or corrections to the plans shall be X
reflected on all appropriate sheets.
DEPARTMENTS INCLUDE REJECT
13. It may be necessary to replace or relocate large canopy trees adjacent to light X
fixtures to eliminate future shadowing on the parking surface (LDR,
Chapter 23, Article II, Section A. 1.b).
14. Trees are proposed in close proximity to the dumpster. They will need to be X
relocated to provide vertical clearance for solid waste pickup.
15. 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.
16. 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.
BUILDING DIVISION
Comments:
17. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TRC process does not
ensure that additional comments may not be generated by the commission
and at permit review.
18. 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.
19. Every building and structure shall be of sufficient strength to support the X
loads and forces encountered per the 2001 FBC, Section 1601.2.1 and Table
1604.1. Indicate the live load (psf) on the plans for the building design.
20. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
21. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X
not, therefore, be used for landscape irrigation where other sources are
readily available.
22. A water-use permit from SFWMD is required for an irrigation system that X
utilizes water from a well or body of water as its source. A copy of the
permit shall be submitted at the time of permit application, F.S. 373.216.
23. 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:
a. The full name of the project as it appears on the Development
Order and the Commission-approved site plan.
Conditions of Approval
4
DEPARTMENTS INCLUDE REJECT
b. 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)
24. 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.
25. The full address of the project shall be submitted with the construction X
documents at the time of permit application submittal. The name of the
project as it appears on the Development Order must be noted on the
building permit application at the time of application submittal.
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments:
26. Place triple/double Montgomery Palms where single trees are shown on the X
plan to break up the expanse of the building.
PLANNING AND ZONING
Comments:
27. All tenant sign letters on the building and monument sign shall be black, X
consistent with the color depicted on the drawings, since no written
description was provided.
28. Indicate the planting of St. Augustine sod in the swale area with appropriate X
irrigation.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
I
I
DEPARTMENTS I INCLUDE REJECT
I. To be determined. ~'~/rtco ~
S:\Planning\SHARED\WP\PROJECTS\Neptune Commerce Ctr\NWSP 05-006\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
APPLICANT'S AGENT:
APPLICANT'S ADDRESS:
Verizon Stealth Cellular Tower (Boynton Space Plus Storage)
Jason Laskey SBA Network Services
5900 Broken Sound Parkway NW Boca Raton, FL 33487
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 1,2005
TYPE OF RELIEF SOUGHT: Request for Conditional Use/New Site Plan approval for a 135 foot high
cellular tower in an M-1 zoning district.
LOCATION OF PROPERTY: 2951 SW 14th Place
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 App~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~t'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 terms
and conditions of this order.
7. Other
DATED: ,~-/--/-05 .
S:\Planning\SHARED\WP\PROJECTS\Venz
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XHI BIT A
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Mega Mini/Storage Plus outdoor storage
EXHIBIT B
AERIAL OF PARENT TRACT
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PFIOIpOSED SITE PLAN
.l ~_II
l
q, ,,Ii
q q q
i
EXHI BIT 'C
~OPOSED SITE PLAN
i I"!
i
I
EXHIBIT C
PROPOSED SITE PLAN-
ii
~ ~1 7oo I NOTE WBC, HTS SHOWN
SHN=T 2l 4750 I
SHAFT 31 ~9~0 I
I - - IA1TACHM~, MOUNTS,
I I PLAFORMS, HANDHOI.ES,
I I[TC.
I I WeGHTS PRIOR TO
NOTE: FLAG TO
BE OMITTED
125'-0'
115'-0'
98'-8'
S'IT. ALTH CELL-3C-125-30
112"LX12'WX6'D)
26.625 ACROSS
0.549 KIPS)
lan = 39.6O
DESIGN = 4,,I..00
MAX -
Si..~Fr 2
P,.. ti',.' x ~o8'
(BI. N3( Wi' ~.092 KIPS)
l:Xl'lllil I IJ I?WER DETAILS
P.O. BOX 8597 FORT W~I~FH, TX 76124-0597
PHONE: (800) 433-1816 FAX: (817) 255-8656
:" dOB DATA
Page 1 of I
I'Job No. d041122001
IOesign No. - MO4-'-og2g-A
By TWL IOate 10/11/2004 3:25:2~ PM
Chk;d By '~'v~/ tRev. No. Rev;
Oal:e
Pole 13JS-FT MONOPOLE
'Site SPACE PLUS 'STORAGE, ~168650, FL
Owner VERIZON WlRELI~.~
..Ref. No.
Design
Me. lr.I 140 MPH 5-SECOND GUST SPEED PER FBC 2003 /AN
ACCORDING TO TIA/EIA-222-F 1996
RNAL DESIGN - NOT FOR FABRICATION
I LOAD CASES
CASE 11120 IdPH WITH NO ICE DESIGN WIND
CASE 2 50 IdPH WITH NO ICE OPERATIONAL WIND
POLE SPECIFICATIONS
Pole Shape Type:. 18-SIDED POLYGON
Taper: 0.135714 IN/FT
Shaft Steel: ASTM A572 GRADE 65
Bose PL Steel: ASTM A633 GR. E (60
Anchor Bolts: 2_ 1/4.e x 7'-0 LONG
.............. 1~18J ASTM A615 GRADE 75
[:5[: 15 FT.LBS e -20'F
ANTENNA LIST
No. £1ev. Description
- '~3e.oo U) ~ B,M.L & ~N~ PUU..C,' & NYLON CORO
- 129,00(1) FLAG (12' X 18')
- - RR65-12-02 (48'LX12'WX7"D)
120 MPU WINO 50 MPH WIND
Lateral Rotation Lateral Rotation
Elevation Deflection , (sway) Deflection . (sway).
(Inches) (degrees) (Inches) (degrees)
105' 62.2 5.042 10.8 0.875
UIN - 47,70
DESi~ = 5.3.00
I~ = 58,00
:s~ =oo' (r~=a)
= e.~ ms)
SHAFT SECTION DATA
Shaft Section Plate Lap Diameter Across Rats
.Leng~ Thickness Splice (inches)
Section (feet) (in.) (in.) 0 Top 0 Bottom
1 10.00 O. 1875 26.625 27.982
2 50.08 0.2500 44.00
3 53.00 0.3125 53.00 27.110 33,907
32,807 40,000
NOTE: DIMENSIONS SHOWN DO NOT INCLUDE C,N.VANIZINC TO~C.F~
ANCHoX 46.750 S(NARE = l...q.,qO KIPS)
N~K:HON ~ ON, ~ 8.C. wm.t MIN. 6'-0
Mo fae~ (w/Nuts & 'mdet~ fa. ATE · eot.)
ldOUENT = 1639 fi-kips
SHEAR = 20.5 kips
AXIAL = 19.0 kips
EST. SHAFT + BASE [ WI'. = 12.6 kips
(a. ACK W~GHT)
EXHIBIT E
1 in. = 179.9 feet
Hester Center Tower Site (150 foot tower @ 453 foot radius)
EXHIBIT "F"
Conditions of Approval
Project name: Verizon Wireless Tower at Boynton Space Plus Storage
File number: COUS 05-003
Reference: 2nd Review plans identified as a Conditional Use Site Plan with a January 25, 2005 Planning &
Zoning date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments:
1. Provide a dumpster enclosure per the LDR, Chapter 2, Section 11 .J.2.b. X
2. Indicate by note that the site dumpster enclosure shall be constructed in X
accordance with City Standard Drawing G-4.
3. A minimum dumpster pad is required measuring 10 feet x 10 feet (inside X
dimension including gates). (LDR, Chapter 7.5, Article II, Section 5.J. and
Article III, section 9.A.9.a.)
4. The required gates for the dumpster shall contain long steel rods to drop into X
the pavement in order to secure the gates in the open and closed positions.
Drilled holes (for concrete) or metal sleeves (for asphalt) shall be provided
for the lockin~ rods.
5. Walls for the enclosure shall be provided on three sides and are to be a X
minimum of 6 feet high and shall be CBS construction with a finish
matching that of the adjacent buildings(s). Accent shrubs shall be provided
along the screen wall(s) (LDR, Chapter 7.5, Article II, Section 5.J., and
Article III, Section 9.A.9.a, and Chapter 9, Section 10.C.3.)
6. Provide a minimum turning radius of 60 feet to approach the dumpster. X
Provide a minimum backing clearance of 60 feet. (measured from the front
edge of the dumpster pad.) (LDR, Chapter 2, Section 11.J.2.b.)
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
ENGINEERING DIVISION
Comments:
7. All comments requiring changes and/or corrections to the plans shall be X
reflected on all appropriate sheets.
8. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TRC process does not
ensure that additional comments may not be generated by the Commission
and at permit review.
9. 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.
10. 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.
BUILDING DIVISION
Comments:
11. Plans for the LP tank and generator shall be submitted at the time of permit X
submittal for the tower.
12. 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 the 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.
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments:
Landscape Plan-Plant List Sheet L-3 of 4 X
12. All shade trees on the Plant List must be listed in the specifications as a
minimum of 12'-14' height, 3" diameter at DBH (4.5' off the ground), and
Florida # 1 (Florida Grades and Standards manual) The height of the trees
may be larger than 12'-14' to meet the Y' diameter requirement.
[Environmental Regulations, Chapter 7.5, Article II Sec. 5.C. 2.]
13. The Tree Planting Detail should include a line indicating where the X
diameter at breast height IDBH) of the shade tree will be measured at time
14.
15.
16.
17.
18.
19.
20.
DEPARTMENTS
of planting and inspection.
Cypress mulch cannot be used on the site and reference to this product
should be removed from the notes.
There is no irrigation system design included with the site plans. The
irrigation design should be micro-irrigation for water conservation.
[Environmental Regulations, Chapter 7.5, Article II Sec. 5A.]
Turf areas should be limited in size. Landscape (bedding plants) areas
should be designed on separate zones with proper time duration for water
conservation. Environmental Regulations, Chapter 7.5, Article II Sec. 5.
c.2.]
All trees on the site should receive irrigation from a separate bubbler.
[Environmental Regulations, Chapter 7.5, Article II Sec. 5. C.2.]
Comments:
PLANNING AND ZONING
Clarify through proper labeling of data for required parking to only regard
storage use on parent tract.
Map document in application excludes dimension to nearest tower, possibly
shown as a red dot and numbered 8650, or clarify accordingly. Locate
correctly search ring number 8650.
Provide amended site plan, at time of permit filing, showing compliance
with all applicable comments/conditions.
21. Provide access easement agreement with request for permits.
22.
23.
24.
Provide Radio Frequency data from project engineer to document void in
coverage and therefore necessity for proposed tower.
Provide structural/engineering data to confirm design is capable of
collocation and number of carriers and corresponding heights. Include this
information in certification letter from project engineer.
Existing fence on south side of proposed lease area and slats are in need
repair. Straighten fence and replace slats behind lease area and behind and
around dumpster station (if to remain).
25. Relocation of dumpster(s) may require proper siting and screening in
accordance with Land Development Regulations.
26. Existing perimeter hedge is in poor condition and provides limited
screening contrary to approved plan and original intent. Indicate where
landscape material will be enhanced to provide required screening. Large
voids in the entire perimeter landscaping shall be improved as a condition of
approval, with new plantings.
27.
Revise certification letter to affirm compliance with all requirements as
stated in Sec. 3.C.2 of Chapter 10., including with height requirements as to
be measured from crown of nearest road (or provide survey documentation
verifying same).
INCLUDE
X
X
X
X
X
X
X
X
X
X
X
X
X
X
REJECT
I
Conditions of Approval
4
DEPARTMENTS INCLUDE REJECT
28. Specifically indicate paint/material color on elevation graphic; include any I X J
available material samples and/or swatches.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined. ~
SSPIanning\SHARED\WPkPROJECTS\Verizon Wireless Mega Mini 2951 SW 14th Pl\COA.doc
COMMUNITY DEVELOPMENT >~.f
FOUNDATION, INC.
FINANCIAL PROJECTIONS
YEARS ENDING
JUNE 30, 2006 AND 2007
Table of Contents
Pages
Accountants' Compilation Report. ............ .......... ... ........... .............. ..... ........... ........ ... .... 1
Financial Projections under the Hypothetical Assumptions in Note 1:
Statements of Projected Income - 5 Locations................. .............. ..... ....... ......... ...... 2
Statements of Projected Income - 4 Locations ..........................................................3
Statements of Projected Income - 3 Locations .......................................................... 4
Schedule of Projected Benefits - 5 Locations ........................................................... 5
Schedule of Projected Benefits - 4 Locations ..........................................................6
Schedule of Projected Benefits - 3 Locations .......................................................... 7
Summary of Significant Projection Assumptions and Accounting Policies ......... 8-9
MARTIN CASS, CPA
HOWARD S. LEVY, CPA
MICHAEL S. LEONE, CPA
~
C A 55, LEVY & LEO N E, L. C.
CERTIFIED PUBLIC ACCOUNTANTS AND CONSULTANTS
440 COLUMBIA DRIVE, SUITE 500
WEST PALM BEACH, FL 33409
PHONE: 561.689.7888
FAX: 561.689.0478
WWW.CASSLEVY.COM
Accountants' Compilation Report
To the Board of Directors
Community Development Foundation, Inc.
We have compiled the accompanying statements of projected activities and schedules
projected benefits of the Community Development Foundation, Inc. (a Not-for-Profit
Organization) for the fiscal years ending June 30, 2006 and 2007, in accordance with
Statements established by the American Institute of Certified Public Accountants.
The accompanying projections and this report were prepared to assist the Community
Development Foundation, Inc. obtain government grants to pay tuition for families
attending the Educational Division of Ute I, Inc.
A compilation is limited to presenting in the form of projection information that is the
representation of management and does not include evaluation of the support for the
assumptions underlying the projection. We have not examined the projection and
accordingly, do not express an opinion or any other form of assurance on the
accompanying statements or assumptions. Furthermore, even if the government grants are
received, there will usually be differences between the projected and actual results,
because events and circumstances frequently do not occur as expected, and those
differences may be material. We have no responsibility to update this report for events
and circumstances occurring after the date of this report.
C~~7 ~~
)
LL,
/ /
February 3, 2005
1
COMMUNITY DEVELOPMENT FOUNDATION, INC.
ST A TEMENTS OF PROJECTED ACTIVITIES - 5 LOCATIONS
UNDER THE HYPOTHETICAL ASSUMPTIONS IN NOTE 1
Year June 30,
2006 2007
Grant Revenue
$ 3,900,000 $ 3,900,000
Tuition expense
3,900,000 3,900,000
Excess of revenues over expenses
$ $
Tuition per family
$
6,500 $
6,500
Total families served
600
600
See summary of significant assumptions and accounting policies and accountants' report.
2
COMMUNITY DEVELOPMENT FOUNDATION, INC.
STATEMENTS OF PROJECTED ACTIVITIES - 4 LOCATIONS
UNDER THE HYPOTHETICAL ASSUMPTIONS IN NOTE 1
Year ending June 30,
2006 2007
Grant Revenue
$ 3,168,000 $ 3,168,000
Tuition expense
3,168,000 3,168,000
Excess of revenues over expenses
$ $
Tuition per family
$
6,600 $
6,600
Total families served
480
480
See summary of significant assumptions and accounting policies and accountants' report.
3
COMMUNITY DEVELOPMENT FOUNDATION, INC.
ST A TEMENTS OF PROJECTED ACTIVITIES - 3 LOCATIONS
UNDER THE HYPOTHETICAL ASSUMPTIONS IN NOTE 1
Year ending June 30,
2006 2007
Grant Revenue
$ 2,448,000 $ 2,448,000
Tuition expense
2,448,000 2,448,000
Excess of revenues over expenses
$ $
Tuition per family
$
6,800 $
6,800
Total families served
360
360
See summary of significant assumptions and accounting policies and accountants' report.
4
COMMUNITY DEVELOPMENT FOUNDATION, INC.
SCHEDULE OF PROJECTED BENEFITS - 5 LOCATIONS
UNDER THE HYPOTHETICAL ASSUMPTIONS IN NOTE 1
WAGES
Main Wage
Earners
Current average salary
New salary
$ 18,000
$ 36,000
600
600
Increased earnings per year - main wage earner
Secondary
Wage
Earners
Current average salary
New salary
$ 14,000
$ 28,000
390
390
Increased earnings per year - secondary wage earner
Total increased in earnings per year
Cumulative increased earnings
SUBSIDIES
Families
Percent receiving subsidy
Estimated monthly subsidy
Decrease in subsidies per month
Annual decrease in subsidies
Cumulative decrease in subsidies
Fiscal Years Ending June 30,
2006 2007
$10,800,000
21,600,000
$22,680,000
45,360,000
$10,800,000 $22,680,000
$ 5,460,000
10,920,000
5,460,000
16,260,000
$11 ,466,000
22,932,000
11,466,000
34,146,000
$50,406,000
600 1,200
80.00% 80.00%
$ 1,000 $ 1,000
480,000 960,000
12 12
5,760,000 11,520,000
$17,280,000
See summary of significant assumptions and accounting policies and accountants' report.
5
COMMUNITY DEVELOPMENT FOUNDATION, INC.
SCHEDULE OF PROJECTED BENEFITS - 4 LOCATIONS
UNDER THE HYPOTHETICAL ASSUMPTIONS IN NOTE 1
WAGES
Main Wage
Earners
Fiscal Years Ending June 30,
2006 2007
Current average salary
New salary
$ 18,000
$ 36,000
480
480
$ 8,640,000
17,280,000
$18,144,000
36,288,000
Increased earnings per year - main wage earner
8,640,000
18,144,000
Secondary
Wage
Earner
Year 1
Year 2
Current average salary
New salary
$ 14,000
$ 28,000
312 $ 4,368,000 $ 9,172,800
312 8,736,000 18,345,600
4,368,000 9,172,800
13,008,000 27,316,800
$40,324,800
Increased earnings per year - secondary wage earner
Total increased in earnings per year
Cumulative increased earnings
SUBSIDIES
Percent receiving subsidy
Estimated monthly subsidy
Decrease in subsidies per month
480 960
80.00% 80.00%
1,000 1,000
384,000 768,000
12 12
4,608,000 9,216,000
$13,824,000
Families
Annual decrease in subsidies
Cumulative decrease in subsidies
See summary of significant assumptions and accounting policies and accountants' report.
6
COMMUNITY DEVELOPMENT FOUNDATION, INC.
SCHEDULE OF PROJECTED BENEFITS - 3 LOCATIONS
UNDER THE HYPOTHETICAL ASSUMPTIONS IN NOTE 1
WAGES
Main Wage
Earners
Current average salary
New salary
$ 18,000
$ 36,000
360
360
Increased earnings per year - main wage earner
Secondary
Wage
Earner
Current average salary
New salary
$ 14,000
$ 28,000
234
234
Increased earnings per year - secondary wage earner
Total increased in earnings per year
Cumulative increased earnings
SUBSIDIES
Families
Percent receiving subsidy
Estimated monthly subsidy
Decrease in subsidies per month
Annual decrease in subsidies
Cumulative decrease in subsidies
Fiscal Years Ending June 30,
2006 2007
$ 6,480,000
12,960,000
$13,608,000
27,216,000
6,480,000
13,608,000
Year 1 Year 2
$ 3,276,000 $ 6,879,600
6,552,000 13,759,200
3,276,000 6,879,600
9,756,000 20,487,600
$30,243,600
360 720
80.00% 80.00%
$ 1,000 $ 1,000
288,000 576,000
12 12
3,456,000 6,912,000
$10,368,000
See summary of significant assumptions and accounting policies and accountants' report.
7
COMMUNITY DEVELOPMENT FOUNDATION, INC.
SUMMARY OF SIGNIFICANT PROJECTION ASSUMPTIONS AND
ACCOUNTING POLICIES
Note 1 - Nature and limitations of projections
The financial projections are based on hypothetical assumptions regarding the payment of
tuition to Utel, Inc. by the Community Development Foundation, Inc. (the "Foundation")
as follows:
. $3,900,000 per year serving 600 families, if 5 locations are funded;
. $3,168,000 per year serving 480 families, if 41ocations are funded; or
. $2,448,000 per year serving 360 families, if 3 locations are funded.
The Foundation is expected to pay the tuition from monies the Foundation is expecting to
receive from government grants. The Foundation manager is also a 50% shareholder of
Ute1, Inc.
As described in Notes 3 and 4, respectively. The projection presents, to the best of
management's knowledge and belief, the expected income for the projection period if the
hypothetical assumptions occur. Accordingly, the projection reflects its judgment as of
February 3,2005, the date of this projection, of the expected conditions and the expected
course of action if hypothetical assumptions occur. The presentation is designed to assist
the Foundation obtain government grants to pay tuition for families attending the
Education Division of Utel, Inc. and should not be considered to be a presentation of
future results. Accordingly, this projection may not be useful for other purposes.
Furthermore, even if the hypothetical assumptions occur, there will usually be differences
between the projected and actual results. The assumptions disclosed herein are those that
management believes are significant to the projection.
Note 2 - Nature of operations
The Foundation, a not-for-profit corporation, is related to Utel, Inc. through common
control (Note 1) and was organized to pay tuition expenses on behalf of "at risk" families
in order for those families to attend computer technology courses offered by the
Education Division of Utel, Inc. The Education Division of Utel, Inc. runs a direct
approach program, which offers technology enrichment educational courses to families,
regardless of their age, race gender or educational background. The programs offer a
family various courses in how to use computers and related software, repair of computer
equipment and use of the internet. The goal of the program is to have the graduate of the
program secure better employment and provide a better future for themselves and their
family.
8
COMMUNITY DEVELOPMENT FOUNDATION, INC.
SUMMARY OF SIGNIFICANT PROJECTION ASSUMPTIONS AND
ACCOUNTING POLICIES
Note 4 - Tuition expenses
Tuition expenses were based on projections prepared by Utel, Inc. which based its fees
for tuition on its costs at varying levels of enrollment. The enrollment was based on
hypothetical assumptions regarding government grants for tuition to be provided to the
Foundation
Note 5 - Income taxes
The Community Development Foundation, Inc. is exempt from income tax under Section
501(c)(3) of the U.S. Internal Revenue Code. Therefore, the Foundation has made no
provision for federal or state income taxes in the projections.
Note 6 -Projected Benefits
The schedules of projected benefits are based on management's experience. Management
estimates that on average the main wage earner of families enrolled will be able to
increase his or her earnings from $18,000 per year to $36,000 per year. Management also
estimates that 65% of the secondary wage earners will be able to increase his or her
earnings from $14,000 to $28,000. It is assumed that wages will increase by 5% during
the year ending June 30, 2007. The schedule only estimates the increased earnings
capabilities in the first two years even though the benefit of increased wages would be
expected to continue to be realized by the families in future years.
Management also estimates that 80% of the enrolled families will be recelvmg
approximately $1,000 in monthly government subsidies and that as a result of the
increased earnings referred to above, they will no longer qualify for, or require, these
government subsidies.
9
UTEL, INC. (EDUCATION DIVISION)
FINANCIAL PROJECTIONS
YEARS ENDING
JUNE 30, 2006 AND 2007
Table of Contents
Pages
Accountants' Compilation Report.................................. ............ ............. ....................... 1
Financial Projections under the Hypothetical Assumptions in Note 1:
Statements of Projected Income - 5 Locations ..........................................................2
Statements of Projected Income - 4 Locations ..........................................................3
Statements of Projected Income - 3 Locations ................................... .................... .,. 4
Summary of Significant Projection Assumptions and Accounting Policies ..........5-9
MARTIN CASS, CPA
HOWARD S. LEVY, CPA
MICHAEL S. LEONE, CPA
~
CAS 5, LEV Y & LEO N E, L. C.
CERTIFIED PUBLIC ACCOUNTANTS AND CONSULTANTS
440 COLUMBIA DRIVE, SUITE 500
WEST PALM BEACH, FL 33409
PHONE: 561.689.7888
FAX: 561.689.0478
WWW.CASSLEVY.COM
Accountants' Compilation Report
To the Shareholders of
Utel, Inc.
We have compiled the accompanying statements of projected income of the Education
Division of Ute1, Inc. (an S Corporation) for the years ending June 30, 2006 and 2007, in
accordance with Statements established by the American Institute of Certified Public
Accountants.
The accompanying projections and this report were prepared to assist the Community
Development Foundation, Inc. obtain government grants to provide tuition for families
attending the Education Division of Ute 1, Inc.
A compilation is limited to presenting in the form of projection information that is the
representation of management and does not include evaluation of the support for the
assumptions underlying the projection. We have not examined the projection and
accordingly, do not express an opinion or any other form of assurance on the
accompanying statements or assumptions. Furthermore, even if government grants are
received, there will usually be differences between the projected and actual results,
because events and circumstances frequently do not occur as expected, and those
differences may be material. We have no responsibility to update this report for events
and circumstances occurring after the date of this report.
C~/~r~/LC.
v'
February 3, 2005
UTEL, INC. (EDUCATIONAL DIVISION)
STATEMENTS OF PROJECTED INCOME - 5 LOCATIONS
UNDER THE HYPOTHETICAL ASSUMPTIONS IN NOTE 1
Year ending June 30,
2006 2007
Tuition revenue
$ 3,900,000 $ 3,900,000
Operating expenses:
Instructor salaries and related expenses
Computer systems
Student supplies and related expenses
Rent
Officer salaries and related expenses
Insurance
Screeners, outreach and placement contractors
Utilities and telephone expenses
Furniture and equipment
Legal and accounting
First year expenses
1,584,000
843,750
440,110
252,000
157,850
118,145
117,000
103,800
80,667
30,000
25,000
Total operating expenses
3,752,322
Excess of revenues over expenses
$
147,678 $
Tuition per family
$
6,500 $
Total families enrolled
600
1,663,200
869,063
453,313
259,560
164,236
121,689
122,850
106,914
80,667
30,900
3,872,391
27,609
6,500
600
See summary of significant assumptions and accounting policies and accountants' compilation report.
2
UTEL, INC. (EDUCATIONAL DIVISION)
STATEMENTS OF PROJECTED INCOME - 4 LOCATIONS
UNDER THE HYPOTHETICAL ASSUMPTIONS IN NOTE 1
Year ending June 30,
2006 2007
Tuition revenue
$ 3,168,000 $ 3,168,000
Operating expenses:
Instructor salaries and related expenses
Computer systems
Student supples and related expenses
Rent
Officer salaries and related expenses
Insurance
Screeners, outreach and placement contractors
Utilities and telephone expenses
Furniture and equipment
Legal and accounting
First year expenses
1,267,200
675,000
352,088
201,600
157,850
111,629
93,600
83,040
64,533
30,000
20,000
Total operating expenses
3,056,540
Excess of revenues over expenses
$
111,460 $
Tuition per family
$
6,600 $
Total families enrolled
480
1,330,560
695,250
362,651
207,648
164,236
114,978
98,280
85,531
64,533
30,900
3,154,567
13,433
6,600
480
See summary of significant assumptions and accounting policies and accountants' compilation report.
3
UTEL, INC. (EDUCATIONAL DIVISION)
STATEMENTS OF PROJECTED INCOME - 3 LOCATIONS
UNDER THE HYPOTHETICAL ASSUMPTIONS IN NOTE 1
Year ending June 30,
2006 2007
Tuition revenue
$ 2,448,000 $ 2,448,000
Operating expenses:
Instructor salaries and related expenses
Computer systems
Student supplies and related expenses
Rent
Officer salaries and related expenses
Insurance
Screeners, outreach and placement contractors
Utilities and telephone expenses
Furniture and equipment
Legal and accounting
First year expenses
950,400
506,250
264,066
151,200
157,850
105,113
70,200
62,280
48,400
30,000
15,000
Total operating expenses
2,360,759
Excess of revenues over expenses
$
87,241 $
Tuition per family
$
6,800 $
Total families enrolled
360
997,920
521,438
271,988
155,736
164,236
108,266
73,710
64,148
48,400
30,900
2,436,742
11,258
6,800
360
See summary of significant assumptions and accounting policies and accountants' compilation report.
4
UTEL, INC. (EDUCATION DIVISION)
SUMMARY OF SIGNIFICANT PROJECTION ASSUMPTIONS AND
ACCOUNTING POLICIES
Note 1- Nature and limitations of projections
The financial projections are based on hypothetical assumptions regarding the payment of
tuition to Utel, Inc. by the Community Development Foundation, Inc. (the "Foundation")
as follows:
· $3,900,000 per year serving 600 families, if 5 locations are funded;
· $3,168,000 per year serving 480 families, if 4 locations are funded; or
· $2,448,000 per year serving 360 families, if 3 locations are funded.
The Foundation is expected to pay the tuition from monies the Foundation is expecting to
receive from government grants. The Foundation manager is also a 50% shareholder of
Utel, Inc.
As described in Notes 3 and 4, respectively. The projection presents, to the best of
management's knowledge and belief, the expected income for the projection period if the
hypothetical assumptions occur. Accordingly, the projection reflects its judgment as of
February 3, 2005, the date of this projection, of the expected conditions and the expected
course of action if hypothetical assumptions occur. The presentation is designed to assist
the Foundation obtain government grants to pay tuition for families attending the
Education Division of Utel, Inc. and should not be considered to be a presentation of
future results. Accordingly, this projection may not be useful for other purposes.
Furthermore, even if the hypothetical assumptions occur, there will usually be differences
between the projected and actual results. The assumptions disclosed herein are those that
management believes are significant to the projection.
Note 2 - Nature of operations
The Education Division of Utel, Inc. runs a direct approach program, which offers
technology enrichment educational courses to families, regardless of their age, race
gender or educational background. The programs offer a family various courses in how to
use computers and related software, repair of computer equipment and use of the internet.
Additionally courses are offered to children so that they can achieve better scores when
taking the Florida Comprehensive Assessment Test (FCA T). The goal of the program is
to have the graduate of the program secure better employment and provide a better future
for themselves and their family.
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UTEL, INC. (EDUCATION DIVISION)
SUMMARY OF SIGNIFICANT PROJECTION ASSUMPTIONS AND
ACCOUNTING POLICIES
Note 3 - Grant to be received by the Community Development Foundation, Inc.
Management anticipates that tuition for the families attending Utel, Inc. (Education
Division) will be paid by the Foundation, a non-profit corporation formed under section
501(c) of the Internal Revenue Code. The Foundation is related to Ute!, Inc. through
common control (Note 1). Management expects that tuition will be based on amounts
sufficient to cover the operating expenses of the Education Division of Utel, Inc. plus a
reasonable profit.
Note 4 - Education facilities
Utel, Inc. currently operates a prototype facility in order to prove that the concept of
helping "at risk" families through teaching computer technology skills can be successful
and to ascertain the level of funding necessary in order to fund the program. The
projections were prepared based on the hypothetical assumptions described in Note 1
regarding government grants to be provided to the Foundation. The enrollment at Utel,
Inc. will be determined by the government grants received by the Foundation which the
Foundation will then pay to Ute1, inc. in the form of tuition for "at risk" families. Each
facility can handle 120 families.
Note 5 - Officer salaries and related expenses
Management estimates that the president, vice president and treasurer will receive
salaries of $75,000, $40,000 and $28,500, respectively, in the year ending June 30, 2006.
Additionally, management estimates payroll taxes will equal 10% of salaries.
Management estimates that salaries and wages will increase by 5% during the year
ending June 30, 2007.
Note 6 - Screeners, outreach and placement contractors
Management estimates that each location will require the services of one
screener/outreach/job placement contractor. The contractors would work three days per
week at a cost of $150 per day. Management estimates that this cost will increase by 5%
during the year ending June 30, 2007.
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UTEL, INC. (EDUCATION DIVISION)
SUMMARY OF SIGNIFICANT PROJECTION ASSUMPTIONS AND
ACCOUNTING POLICIES
Note 7 - Instructor salaries and related expenses
Each location will schedule 4 sessions per day, consisting of 3 classes each. Each class
will serve 10 families. Management estimates that the average family unit has four
members in it. Two instructors would be required for each class. Instructors would be full
time employees and would be paid $30 per hour for instructors with a Masters degree and
$18 per hour for instructors without a Masters degree. It is estimated that 50% of the
instructors would have a Masters degree and 50% would not have a Masters degree.
Additionally payroll taxes are estimated to equal 10% of salaries. Management estimates
that salaries and wages will increase by 5% during the year ending June 30, 2007.
Note 8 - Computer systems
Each family would have exclusive use of one computer system, including related
hardware and software while attending the courses. The estimated cost of each computer
system is $1,250 in the first year. Upon completion of the course the family gets to keep
the computer system. Each location would require 5 additional computer systems for use
by faculty and as replacements if a system were being repaired. Management estimates
the cost of each computer system will increase by 3% during the year ending June 30,
2007.
Note 9 - Rent
Each location would require 2,800 square feet of space. Management estimates that base
rent and common area maintenance will cost $18 per square foot for the first year.
Management estimates that the rent will increase by 3% during the year ending June 30,
2007.
Note 10 - Insurance
Based upon quotes and estimates received from various insurance professionals,
management estimates that the first year insurance expenses will be:
· Bonding ($100,000 coverage per location) - $489 per month per location;
· Liability insurance ($1 ,000,000 coverage) - $1,015 per month;
· Workers Compensation - $515 per month;
· Theft - $54 per month; and
· Health insurance (Utel, Inc. to pay 70% of the employee's premium) - $5,600 per
month.
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UTEL, INC. (EDUCATION DIVISION)
SUMMARY OF SIGNIFICANT PROJECTION ASSUMPTIONS AND
ACCOUNTING POLICIES
Management estimates that during the year ending June 30, 2007 health insurance will
increase by 15% and the other insurance costs will increase by 3%
Note 11- Student supplies and related expenses
Based upon recent experience, management estimates that the expenses listed below will
be required to support the families attending classes:
· Reference books and related materials - Estimated to be $536 per year, per family;
· Subscriptions, office supplies, and maintenance expenses - $8,044 per month for
each location; and
· Translation software - $44 per family, per year.
Management estimates these costs will increase by 3% during the year ending June 30,
2007.
Note 12 - Utilities and telephone expenses
Utility and telephone expenses are estimated to be $1,730 per month per location.
Management estimates utilities and telephone expenses will increase by 3% during the
year ending June 30,2007.
Note 13 - Legal and accounting expenses
Management estimates legal and accounting expenses will be $30,000 in the first year.
Management estimates legal and accounting fees will increase by 3% during the year
ending June 30, 2007.
Note 14 - Furniture and additional equipment
Management estimates that the following furniture and equipment will be needed. It is
the intention of management to depreciate the cost of these items purchased over three
years:
. Furniture - $7,000 per location;
· Telephone system - $5,000 per location;
· Printers - 5 printers per location at an estimated cost of $3,200 per printer; and
· Security cameras - $6,800 per location.
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UTEL, INC. (EDUCATION DIVISION)
SUMMARY OF SIGNIFICANT PROJECTION ASSUMPTIONS AND
ACCOUNTING POLICIES
Note 15 - First year expenses
A patch panel with routers is required for each location at a one time cost of $5,000 per
location.
Note 16 - Income taxes
Utel, Inc. has elected to be taxed as a Subchapter S Corporation and as such, all tax
effects of the corporation's income or loss are passed through to the shareholder
individually, thus this statement includes no income tax expense for the corporation.
9